In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees, and patrons of the buildings hereafter erected, altered, or extended after the effective date of this Ordinance, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this Ordinance.

7.1.1.

Area for Parking Space. For the purpose of this Section, parking lot area, shall be in accordance with Section 7.3.8.

7.1.2.

Fractional Requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to, and including one-half may be disregarded and fractions over one-half shall require one (1) parking space.

7.1.3.

Location of Parking for One- and Two-Family Dwellings. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, but shall not be considered a parking lot under the provisions of Section 7.3 of this Article.

7.1.4.

Location of Parking for Multiple-Family Residential. The off-street parking facilities for multi-family dwellings shall be located on the same lot or plot of ground as the dwellings they are intended to serve, and shall consist of a parking lot as set forth in Section 7.3.

7.1.5.

Location of Parking for Other Land Uses. The off-street parking facilities required for all other uses shall be located on the lot or within five hundred (500) feet of the permitted uses requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served. At least 30 percent of the front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials, or vehicle access drives.

7.1.6.

Seating Capacity of Seats. As used in this Article for parking requirements, seats shall mean that each twenty-four (24) inches of seating facilities shall be counted as one (1) seat, except that where specifications and plans filed with the Code Enforcement Officer specify a certain seating capacity for a particular building, such specified seating capacity shall be used as the basis for required parking space.

7.1.7.

Similar Uses and Requirements. In the case of a use not specifically mentioned, and is similar, the requirements of off-street parking facilities for the similar use shall apply.

7.1.8.

Floor Area. For the purpose of this Article, the floor area used to determine the required number of parking spaces shall be as defined in Article 2.00, Definitions.

7.1.9.

Collective Provisions. Nothing in this Section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with Section 7.2 of this Article.

7.1.10.

Parking Duration. Except when land is used as storage space in connection with the business of a repair, service garage, hotel or motel, a twenty-four (24) hour time limit for parking in non-residential off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit, the storage or prolonged parking on any such parking area in any such district wrecked or junked cars, or for creating a junk yard or a nuisance in such areas.

7.1.11.

Restriction on Parking on Private Property. It shall be unlawful for any person, firm, or corporation to park any motor vehicle on any private property, or use said private property for vehicle storage, or use any portion of any private property as parking space, without the express or implied consent, authorization, or ratification of the owner, holder, occupant, lessee, agent, or trustee of such property.

7.1.12.

Commercial Use of Parking Space. No commercial repair work or any servicing or selling of any kind shall be conducted on any parking area.

7.1.13.

Parking Space Requirements for Handicappers. In those cases where barrier-free design parking areas are required under Act 1, Public Acts of 1966, as amended (MCL 125.1351 et seq.), such parking areas shall be provided in accordance with the following table and identified by signs as being reserved for physically handicapped persons. Signs shall be located approximately six (6) feet above grade. Each reserved parking area shall be not less than twelve (12) feet wide. Where a curb exists between the parking lot surface and the sidewalk surface, an inclined approach or a curb cut with a gradient of not more than one foot in twelve (12) feet and a width of not less than four (4) feet shall be provided for wheelchair access. Parking spaces for the physically handicapped shall be located as close as possible to walkways and entrances. Signs shall be provided when necessary, indicating the direction of travel to an accessible entrance. The parking area shall be paved with asphalt or concrete and have a maximum slope of five (5) percent.

7.1.14.

Off-Street Parking in C-2 Commercial Districts. For permitted uses and special uses allowed within C-2 District, off-street parking requirements shall not apply if all of the following conditions are met:

A.

The use is within 300 feet of a municipal parking lot.

B.

The use will not create unusual parking demands and will not disrupt the parking arrangements of residential neighborhoods, or existing commercial areas.

C.

The use is within the C-2 District and bounded by Third Street, Vine Street, Clinton and Riverside Streets.

D.

That where practical, any available land on the owner premise shall accommodate the required number of parking spaces for that business as specified by the Off-Street Parking Requirement Table (7.2.).

The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified above shall be determined in accordance with the following table, and the space so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use and/or shall comply with the initial part of this Section.

(Ord. No. 2009-01, § 1, 5-18-09; Ord. No. 2018-05, § 1, 4-2-18)

The construction of any parking lot shall be in accordance with the requirements of the provisions of this Ordinance and such construction shall be completed and approved by the Code Enforcement Officer and the City Engineer before actual use of the property as a parking lot and before a Certificate of Occupancy is issued. Plans for the development of any parking lot must be submitted to the Building Inspector, prepared at a scale of not less than fifty (50) feet equals one (1) inch and indicating existing and proposed grades, drainage, pipe sizes, parking of all dimensions, type of curbing, drive and aisle dimensions, lighting, adjacent main buildings, sidewalls, landscaping, surfacing and base materials to be used and the layout of the proposed parking lot. The plans are to be prepared in a presentable form by person(s) competent in such work and shall reflect conformance with the following provisions.

7.3.1.

All such parking lots required for uses other than single- or two-family residential shall be hard-surfaced with a pavement consisting of asphalt or concrete, shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be completely constructed prior to a Certificate of Occupancy being issued. No surface water from such parking area shall be permitted to drain onto adjoining private property.

7.3.2.

All illumination for or on all such parking lots shall be deflected away from adjacent residential areas and shall be installed in such a manner as to allow the reduction of the amount of light in other than normal parking hours each day, and shall provide average and initial illumination of 0.80 vertical foot-candles and 0.62 horizontal foot-candles in the area used for parking.

7.3.3.

The depth of the front yard setback line from the street as established for houses in any block in any given residential area shall be continued and made applicable to parking space in such residential area and it shall be unlawful to use the space between such setback line and the street line for the parking of motor vehicles.

7.3.4.

When a non-residential parking lot or parking area is situated on a parcel which adjoins a residentially-zoned district, the side and/or rear yard setback, adjacent to this residential district, shall be a minimum of thirty (30) feet from the proposed actual parking area. The first fifteen (15) feet of this required setback shall be developed as a greenbelt and shall extend to encompass the parking lot by extending beyond the actual parking area and its drives by at least thirty (30) feet or to the property line. The above greenbelt requirement may be replaced, upon Planning Commission approval, by an eight (8) foot wide strip of lawn containing a five (5) foot high solid-faced wall equivalent, located within three (3) feet of the respective property line and encompassing the parking lot as stipulated above.

7.3.5.

Off-street parking lots adjacent to public rights-of-way and directly visible from residential, mixed-use and downtown redevelopment zoning districts shall be screened according to the following design standards:

A.

Masonry piers spaced per the following schedule:

B.

Ornamental metal, wood, vinyl or brick screen fence between the heights of 32 inches and 36 inches shall be installed between the piers. Such fence shall not obscure the off-street parking area. The Planning Commission may substitute an opaque landscape hedge as regulated in section C. for a fence.

C.

An opaque landscape shrub hedge between the height of 32 inches and 36 inches is installed and maintained along public right-of-way side of the fence line.

D.

A minimum five foot landscape strip is installed along the inside of the fence line.

E.

Ornamental trees spaced 20 feet on center are installed in the landscape strip.

F.

Planning Commission may modify these requirements provided the applicant demonstrates that required parking lot dimensions inhibit installation and proper maintenance.

G.

A corner visibility triangle meeting the requirements of this ordinance shall be maintained at corners and access drives. Walls and landscaping not exceeding 30 inches in height can be installed within the corner visibility triangle.

I.

Fast Food Menu Boards are allowed subject to Planning Commission approval of a submitted site plan indicating sign location and size. See also specific sign requirements in Section 6.4.4 Fast Food Menu Boards.

7.3.6.

Adequate ingress and egress to the parking lot, by means of limited and clearly defined drives, shall be provided for all vehicles.

7.3.7.

Wheel chocks shall be provided, so located as to prevent any vehicle from projecting over the lot or setback lines. This requirement may be waived by the City building official or Planning Commission where a five (5') foot landscape strip is located adjacent to the parking space.

7.3.8.

Plans for the layout of off-street parking facilities shall be in accordance with the following minimum regulations and as listed in Table 7.3.8(a) and as illustrated in 7.3.8(b).

1.

A minimum off-street parking space shall not be less than 18 feet in length as measured from a face of sidewalk, curb or wheel chock.

2.

A pedestrian walk adjacent to off-street parking spaces shall not be less than six (6′) feet in width and not reduced to less than four (4′) feet of clear walking space with vehicle overhang.

3.

A vehicle shall not overhang or cross public right-of-way or property.

7.3.9.

Parking lots containing more than twenty (20) spaces shall be landscaped in accordance with Section 5.7 of this Ordinance.

Table 7.3.8(a)

a.

as measured perpendicular to longitudinal angle of parking

b.

as measured parallel to longitudinal angle of parking

Table 7.3.8(b)
Parking Layouts*

Parking Layouts

*Maneuvering lanes will be required to be increased when such lane is required for fire or safety vehicle access to building.

(Ord. No. 2010-02, § 1, 4-19-10; Ord. No. 2020-01, § 2, 1-20-20)

A person shall not park or permit to be parked, any commercial vehicle, trailer, or construction or agricultural equipment on any residentially zoned property in the city, or on any public street, for any purpose or length of time other than for expeditious loading and delivery or pick-up and unloading of materials, goods, or merchandise, or for the purpose of carrying on a principal use permitted on the property on which the vehicle is parked, or as permitted below:

A.

A commercially licensed vehicle, may be parked on residentially- zoned property if all of the following conditions are met:

1.

The vehicle is used as the principal means of transportation for a resident in the conduct of their employment or profession or is the resident's sole means of motor vehicle transportation.

2.

The vehicle is not a dump truck, stake truck, flatbed or tow truck semi-tractor or semi-tractor trailer with two or more rear axles, a mobile home, tractor, bulldozer, earth carrier, drag line vehicle, crane, excavator and any other equipment or machinery not customarily considered to be for the regular maintenance of a residential property.

B.

The owner, tenant, or lessee of a farm may openly store the machinery and equipment used on his farm; and it is further provided that equipment necessary for construction, legally parked in the right of way or parked overnight on a lot, parcel, or tract of land, during the construction work thereon, shall be excepted from this restriction.

On the same premises with every building or part thereof, erected, and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale, market, hotel, hospital, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, material or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with street or parking areas.

7.5.1.

Such loading and unloading space, unless completely and adequately provided for within a building, shall be an area ten (10) feet by fifty (50) feet, with fourteen (14) foot height clearance, and shall be provided according to the following schedule.

7.5.2.

Double Count. Off-street loading space areas shall not be construed as, or counted toward, the supplying of area required as off-street parking space area.

All parking areas other than those for single-family and duplex units shall provide adequate access by means of maneuvering lanes so that backing directly onto a street is unnecessary. In addition, adequate radii or flare approaches shall be provided to permit ingress and egress of vehicles onto or from the site in a manner that does not endanger through traffic on the accessing street. Maximum driveway entrance width for single-family and duplex units shall be twenty (20) feet, as measured at the back of sidewalk or property line; maximum driveway opening at the street line or curb shall be twenty-four (24) feet on a flared opening. Only one (1) driveway opening per single and two-family residential site frontage will be permitted unless utilized for circle driveways. Maximum driveway entrance width for all other building or use type shall be thirty-five (35) feet for a two-way driveway.

The following shall regulate the control of recreational vehicles within the City of St Clair.

7.7.1.

Intent. It is the intent of this ordinance to provide for the reasonable use and storage of recreational vehicles, on residential property, which would normally be utilized by the owners of such residential property. It is the further intent of this ordinance to provide for the protection of the general public health, safety and welfare of the residents of the City of St Clair. It is also the intent of this ordinance to effectively prohibit the storage of recreational vehicles in the front yard and to preserve and protect the value of residentially utilized property in the City of St Clair from over crowding and congestion.

7.7.2.

Definitions. The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

Recreational vehicle and/or equipment: Any motor home, manufactured motorized home, motorbus, travel trailer, camp trailer, camper, truck camper bodies, folding tent trailer, all designed to be used as a temporary dwelling for travel, recreational and vacation use, or periodical and occasional recreational and vacation use equipment such as a utility trailer, boat, boat trailer, float or raft, personal watercraft, snowmobiles, including transportation equipment and off-road vehicles, or other similar vehicles.

B.

Landscape screening: Landscaping which provides screening, at installation, of at least 50% of the view for the full height of the landscaping.

C.

Trailer: Every vehicle without motive power, designed for carrying property or persons and for being drawn by a motor vehicle.

D.

Truck: means every motor vehicle designed, used or maintained primarily for the transportation of property.

E.

Tractor: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

7.7.3.

Parking of Recreational Vehicles. The parking or storage of Recreational Vehicles and/or equipment on public streets, or on occupied or vacant property is prohibited with the following exceptions:

A.

The storage of Recreational Vehicles on waterfront lots shall be in compliance with all of the regulations listed in this ordinance and shall be further regulated by the following:

1.

A minimum yard setback prohibiting storage along the river shall be established by rendering a straight line between the adjacent dwellings from the two corners that are nearest the river and closet to the existing residence.

2.

Watercraft of any type, stored in structures located over waters which are regulated by the Army Corps of Engineers and Department of Environmental Quality or watercraft located on a hoist in/over/or adjacent to navigable waterways.

B.

When parking in front of the structure, for loading or unloading during any two 24 hour periods in any seven day week from Sunday to Saturday.

C.

Recreational Vehicles and/or equipment when stored within the confines of an enclosed garage or accessory structure when such structures are in compliance with all other requirements of the City codes and ordinances.

D.

The storage of not more than one Recreational Vehicle or equipment and one boat or personal watercraft is permitted, on residential property in residentially zoned districts or lots otherwise used for residential purposes, subject to the following:

1.

The equipment or vehicle must be owned or leased by and be licensed to or carry current registration by the occupant of the residence located on the property on which the equipment or vehicle is stored. The requirement of carrying current registration shall be deemed satisfied for equipment issued a six month registration pursuant to the current laws regulating six month registrations, where such six month registration is current or was current within the previous six months.

2.

The vehicle, trailer or equipment may be stored in the rear or side yard provided it complies with the following requirements:

a.

The vehicle does not exceed 34 feet in length per the official designation of the length by the manufacturer as registered with the State or 14 feet in height.

1.

The length restriction will be waived for one specific vehicle that was regularly parked on the property, prior to the enactment of this ordinance, if a request for a waiver is filled out and submitted to the City within 90 days of the enactment of the ordinance.

b.

It does not extend past the front of the nearest corner of the residence or attached garage on the side of the residence where the vehicle is stored and there is a minimum side yard setback provided to store the vehicle on for full length of the vehicle without the vehicle extending over the property line.

c.

Where the side yard for the proposed storage abuts a street, the vehicle shall comply with the minimum side yard setback requirements and footnotes listed in the Schedule of District Regulations for the main structures for the district in which it is located.

d.

It is provided with a hard surface storage pad consisting of gravel, asphalt or concrete and installed in such a manner as to prevent the growth of vegetation through the pad.

e.

The grade of the pad must be installed in a manner that will not increase the amount of runoff onto adjacent properties, in compliance with all requirements of the zoning ordinance in regard to drains and drainage, after review and approval by the building inspector.

3.

Not more than a total of 30% of the rear yard may be occupied by the total of all Recreational Vehicles or equipment and accessory structures.

4.

In the case of a complex of multiple family dwellings of three or more units or mobile home parks, the City shall require a screened area, in addition to off-street parking spaces, to be provided on the site for the parking and storage of recreational vehicles and/or equipment. The area used for the parking of the vehicles shall be reviewed and approved by the Planning Commission and shall be submitted in the form of a drawing in sufficient detail demonstrating the following:

a.

Landscape screening must be provided at a minimum height of 4 feet in such a manner so as to designate the area and number of units that will be allowed to be stored on site.

b.

A non-porous surface area, which will prevent the growth of vegetation through the surface, must be provided for the parking of recreational vehicles.

c.

The grade of the area provided for parking must be such that it will not increase the amount of runoff onto adjacent properties, and must be in compliance with all requirements of the zoning ordinance in regard to drains and drainage, after review and approval by the building inspector.

5.

A Recreational Vehicle and/or equipment may be stored within any portion of a dedicated easement provided it is in compliance with all other requirements of the ordinance and it is maintained so that it can be readily moved in case of an emergency.

E.

In addition to the one Recreational Vehicle or item of equipment allowed under section D above, the storage of one additional boat or personal watercraft is permitted only as follows:

1.

When stored within the confines of an enclosed garage or accessory structure.

2.

Temporary driveway parking, in a front, side or rear yard setback, of a boat or personal watercraft not exceeding twenty-six (26) feet in length, on a trailer, with the total height of the combination not exceeding seven (7) feet in height and eight (8) feet six (6) inches in width, is permitted between the dates of April 15 through October 15, provided the vehicle has current license and registration as required under State law. During the balance of the calendar year said additional boat may be stored on the property under the restrictions contained in section D above. Boats and recreation equipment shall not be parked closer than (10) feet to the curb of a street.

F.

Any area expressly permitted and zoned for commercial sales and/or storage of the applicable Motor Home, Recreational Vehicle and/or equipment.

7.7.4.

Recreational Vehicles or equipment collecting water or attracting insects, vermin and other pests. Any watercraft or recreational vehicle and/or equipment which serves as a collection point for pools or ponds of water, a breeding ground for mosquitoes or other insects, or a refuge for rats, rodents, vermin or other pests, while stored on residential property is hereby declared to constitute a nuisance.

7.7.5.

Recreational Vehicle, trailer or boat used as dwelling. The use or occupancy of any recreational vehicle and/or equipment as a dwelling or for lodging is prohibited with the following exception:

A.

One unit may be occupied provided it is posted with a valid zoning permit, which will be permitted for two periods, not exceeding two weeks each, in any one calendar year from January to December.

B.

The vehicle may only be located as required or allowed by other sections of this ordinance. Temporary storage of the vehicle in the front yard or waterfront yard is not permitted without a variance from the Zoning Board of Appeals.

7.7.6.

Connection of Recreational Vehicle to utilities. The connection of a recreational vehicle or equipment to utilities such as electric, sewer and water lines, is prohibited with the following exception:

A.

A Recreational Vehicle or equipment may be temporarily connected to an electrical power outlet, when in compliance with the other requirements of this ordinance and where the connecting cord and internal wiring of the unit are in compliance with the provisions of all other applicable codes currently in effect.

7.7.7.

Wrecked, damaged, inoperative, disassembled or disabled Recreational Vehicles and/or equipment. Any wrecked, damaged, inoperative, disassembled or disabled recreational equipment and/or vehicle, stored or parked in zoning districts other than those zoned for commercial sales, or on vacant lots for a period in excess of 15 days is prohibited, with the following exceptions:

A.

When stored within the confines of an enclosed garage or accessory structure.

B.

When stored in any area expressly permitted and zoned for commercial repair and/or storage of the applicable recreational vehicle and/or equipment.

7.7.8.

Recreational vehicles and/or equipment used for storage. The use of any recreational vehicle and/or equipment for the storage of materials, goods or equipment other than those items considered to be a part of the unit or essential to its immediate use in any zoning district is prohibited.

7.8.1.

The City Council may grant license agreements to property owners for the establishment of off-street parking in public rights-of-way immediately adjacent to property owned by an applicant as provided in this section.

7.8.2.

Application for the establishment of off-street parking in public rights-of-way shall be made to the Planning Commission which shall review same in terms of the standards stated within this section and shall establish that such off-street parking:

(a)

Shall not cause any additional traffic safety problems in the area of the request. Volume and speed of traffic, effect on clear vision areas, pedestrian access routes to and from the proposed parking shall all be considered. The Chief of Police shall provide a written opinion addressing this or any other traffic safety concerns.

(b)

Shall not cause any additional fire safety problems in the area of the request. Access for fire safety equipment shall be considered. The Fire Chief shall provide a written opinion addressing these or any other fire safety concerns.

(c)

Shall help to alleviate an existing parking problem in the area of the request.

7.8.3.

The application for off-street parking shall be reviewed by the City Engineer and City Planner who shall make written reports to the Planning Commission relative to the effect of such an improvement upon existing public utilities and future public usage of the right-of-way.

7.8.4.

The Planning Commission shall hold a hearing and give notice of the proposed parking area to persons to whom real property within three hundred feet of the area in question is assessed, and to the occupants of single and two family dwellings within three hundred feet, the notice to be delivered personally or by mail. The Planning Commission shall make a written report of the hearing and their findings of fact, regarding the proposed parking area, to the City Council with a recommendation to approve or deny the request. Final determination shall be a discretionary decision of the City Council. The Council may condition approval of the request upon any additional terms or conditions as it may deem appropriate.

7.8.5.

Should an application for off-street parking in a public right-of-way be approved by the City Council, the City Attorney shall prepare a written license agreement for execution by the property owners which agreement shall address:

(a)

Compliance with specifications established by the City Engineer.

(b)

Responsibility for maintenance.

(c)

Responsibility for restoration of the area if necessary construction by the City disturbs the area.

(d)

Reimbursement to the City for administrative and engineering costs.

(e)

Whether or not the licensee will have exclusive use of the right-of-way, or whether it will be open to the public.

The sale or exhibition for sale of vehicles on lots, other than those zoned and approved for commercial sale of vehicles, is prohibited with the following exceptions:

A.

No more than one motor vehicle, boat or other piece of recreational equipment may be sold or exhibited for sale at any given time by the occupant of a residence located on the property and in no case shall it be located in the right of way.

B.

The vehicle or equipment is required to be owned or leased by the occupant of the residence located on the property.

C.

The vehicle or equipment will be permitted to be displayed on any occupied residential land for three periods, not exceeding two weeks each, in any one calendar year from January to December.