Sturgis City Zoning Code
ARTICLE IX
OFF-STREET PARKING AND LOADING REQUIREMENTS5
Editor's note— Ord. of July 14, 2021(1) , amended Article IX in its entirety to read as herein set out. Former Article IX, §§ 1.0901—1.0906, pertained to similar subject matter, and derived from Ord. of 9-10-2003; Ord. of 7-27-2011.
Cross reference— Stopping, standing and parking, § 58-131 et seq.
1.0901 - General parking requirements.
(A)
Use. Off-street parking, loading, or stacking areas shall only be used for their intended purpose. All other uses, unless specifically permitted, are prohibited.
(B)
Placement.
(1)
Defined areas. Off-street parking areas and loading zones in nonresidential areas shall include painted lines, and may also include vehicle stops, to clearly define parking and loading spaces.
(2)
Proximity. All off-street parking areas that are not within the community parking district or in the business neighborhood zoning district shall be on the same lot as the use they serve, or on an abutting lot under the same ownership.
(C)
Review and approval.
(1)
Permit required. A permit must be obtained prior to any construction or rehabilitation of an off-street parking area.
(2)
Application for parking lot construction. Any person desiring to establish or change a parking area shall submit site plans showing the locations, design, size, shape, landscaping, surfacing, marking, lighting, drainage, curb cuts, entrances, exits, and any other features of the parking lot. Any curb cuts, entrances, exits, drainage, and design shall have city staff approval and shall be presented for site plan approval by the planning commission.
(3)
Parking lot rehabilitation. Rehabilitation of an existing parking area, including parking striping, shall require an application and sketch plan submittal. The proposed rehabilitation shall be reviewed administratively for compliance with standards in this ordinance.
(4)
Completion. The number of off-street parking spaces, in conjunction with all land or building use, shall be provided prior to the issuance of a certificate of occupancy as prescribed in this article, except as provided in section 1.0904(G)(1)(b) which allows six months after the issuance of a certificate of occupancy, with a possible three-month extension granted by the building official, to complete the surfacing of parking and loading areas.
(5)
Performance agreement. In the event that a certificate of occupancy is issued and the applicant has six months to complete the parking lot, as identified in section 1.0904(G)(1)(b), the building official may require execution of a performance agreement, in the amount of the cost to develop that parking lot, in order to compel compliance with and performance of all off-street parking requirements of this article.
(D)
Maintenance. All parking areas shall be maintained and kept free of weeds and debris.
1.0902 - Required parking.
(A)
Standards.
(1)
Usable floor area. Parking measurements based on building square footage shall be calculated by "usable floor area" as defined in section 1.0202 of this [zoning] ordinance.
(2)
Fractional spaces. When units or measurements determining the number of required parking spaces result in requirement of a fractional space, the fractional number shall be rounded down to the nearest whole number if ten or more spaces are required and rounded up if fewer than ten are required.
(3)
Use determinations.
(a)
For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accordance with the use which the zoning administrator considers to be most similar in type.
(b)
For multiple uses within the same development, the minimum parking requirements for each use shall be determined separately, and the cumulative total number of required parking spaces shall be calculated using Table B3A: Shared Parking Factors.
(4)
Unit of measure.
(a)
Number of employees. The number of employees shall be based on the maximum number needed or the largest shift.
(b)
Occupant load. The occupant load as determined by the Michigan Building Code or the International Fire Code.
(c)
Floor area. That area of a nonresidential building used for or intended to be used for the sale of merchandise or services (also called usable floor area). Such floor area which is used for or intended to be used primarily for the storage or processing of merchandise which may include hallways, breezeways, stairways, and elevator shifts, or for utilities and sanitary facilities, shall be excluded from the computation of usable floor area.
(5)
Barrier-free parking. Off-street parking areas shall provide barrier-free spaces in compliance with the Michigan Building Code and the Americans with Disabilities Act (ADA), as applicable.
(6)
Garage parking. Garage parking will be counted towards parking requirements where an approved surface and driveway connects the garage to the right-of-way.
(7)
Number of spaces required. The minimum number of off-street parking spaces shall be determined in accordance with the following table:
(B)
Shared parking.
(1)
Two or more buildings or uses may collectively provide the required off-street parking.
(2)
Where there is a mix of land uses that create staggered peak periods of parking demand, the minimum requirements may be reduced according to the provisions in this section.
(3)
To calculate the number of parking spaces required in a shared parking scenario, the sum of the minimum required spaces for all uses must be divided by the shared parking factor specified in Table B3A. The required number of shared parking spaces may be further reduced at the planning commission's discretion.
Source: Smartcode
(4)
Shared parking facilities shall be among abutting parcels, or if within the B-N district, located within 500 feet of the use. Additionally, shared parking provisions apply for multiple uses within the same development.
(5)
A copy of a shared parking agreement, recorded with the county register of deeds, between all parties concerned shall be provided to the city. The agreement shall include the owners and occupants of the premises which are served by the parking facility. If an owner or occupant that is part of a shared parking agreement ceases operation, the remaining parties of the shared parking agreement may continue using the shared parking facility. When there is a new occupancy, a change of use shall be the trigger to establish a new shared parking agreement, which shall be provided to the city and approved prior to a building permit be issued.
(C)
Deferred parking. For development in any zoning district, the planning commission may defer construction of the required number of parking spaces if, at the outset of development, a parking demand less than that required for the use by this article can be demonstrated. The full parking area shall be reserved, but the unused area may be constructed as additional open space, which shall not be used to satisfy open space area requirements, until such time as it may be needed for parking. A site that contains any deferred parking spaces shall be graded for the full parking area and the deferred parking spaces shall be covered with appropriate groundcover. Adequate stormwater facilities shall also be provided as if the whole parking area were to be developed.
(D)
Stacking spaces. The following standards shall apply to all required stacking spaces:
(1)
Each stacking space shall be measured at not less than 20 feet in length and ten feet in width.
(2)
In no instance shall stacking spaces interfere with required parking or maneuvering lanes.
(E)
Community parking district. The community parking district encompasses an area in the B-C and B-N districts as indicated in figure community parking district area. Properties within the community parking district, except for single and two family dwellings and multi-family apartment buildings less than 12 units, shall be subject to the following standards:
(1)
Parking calculations. All developments in the community parking district shall calculate their required parking as outlined in this section via the following standards or via the tables in section 1.0902(A)(7), whichever is less:
(a)
Residential use: One space per dwelling unit
(b)
Commercial use: One space per 400 square feet
(2)
Changes of use or redevelopments. A lot with an existing building(s) that has a change of use or is otherwise redeveloped shall not require additional off-street motor vehicle parking or loading unless the change of use or redevelopment requires ten or more additional spaces than the previous use.
(a)
A redevelopment includes existing buildings that are renovated or expanded as well as a building that is completely demolished and replaced with new construction if construction on the replacement building commences within 12 months of demolition.
(3)
New developments. New developments of vacant lots shall not require off-street motor vehicle parking or loading unless the development requires ten or more parking spaces.
(4)
Alternative parking plan. If a developer is required to provide new parking spaces under this section, they may provide an alternative parking plan to the planning commission for their consideration. This may include a reduction or elimination of the parking requirement or some alternative for providing parking (i.e. a shared parking agreement). If the plan includes a reduction or elimination of required parking, the planning commission may require a parking study by an approved third-party be completed at the developer's cost to determine current public parking conditions and the impact of the proposal.
(5)
All properties within the community parking district shall consider adequate passenger loading and curb management, as outlined in section 1.0903(B).
Community Parking District Area
(F)
Parking in the B-N district. All properties within B-N zoning district, except those within the community parking district, shall qualify for the following reduced parking requirements:
(1)
On-street parking spaces within 125 feet from lot frontages shall count toward minimum parking requirements. The applicant shall submit aerial and street-level images showing the specific spaces to be counted. The city shall maintain updated documentation on the allocation of on-street parking spaces for properties within the B-N zoning district.
(a)
Properties may apply for an alternative parking plan, subject to planning commission review and approval. The request, review and fees by the planning commission shall follow the requirements of section 1.0905 of this zoning ordinance.
(2)
Properties may provide shared parking facilities, subject to the requirements outlined in this article.
(3)
Any property that uses one of the reduced parking requirement provisions listed in this section shall enter into a recorded agreement with the city, using a form provided by the city, indicating city approval of the reduction of parking requirements. A change of use shall be the trigger to terminate any such agreement.
(G)
Parking in residential districts and for residential uses.
(1)
Location. For all multifamily residential buildings, institutional uses, and public services in a residential district, the required parking area shall be provided on the same lot with the buildings or on an abutting lot under the same ownership.
(2)
Driveways. Parking in residential districts shall not be permitted in any required front yard or in the street side yard of a corner lot except in a driveway or a defined parking area. Driveways and defined parking areas are subject to the following standards:
(a)
Front yard setback area. The following regulations pertains to the driveways and defined parking areas only in the front yard setback or in the street side yard of a corner lot:
i.
The maximum width of the driveway or defined parking area shall not exceed the lesser of 35 percent of the lot width or 26 feet.
ii.
If the lot width exceeds 100 feet, the property owner may request consideration from the planning commission for driveway widths greater than 26 feet and/or for two driveways. For the purpose of this Section, lot width is calculated based on the road frontage of where the driveway is or will be located on the property. The request, review and fees by the planning commission shall follow the requirements of section 1.0602 of this zoning ordinance.
iii.
The driveway opening where the parking area meets the right-of-way shall be a minimum of ten feet in width and a maximum of 24 feet in width.
1)
Exception: Improvement of existing driveways, city engineer can approve if minimum width can not be met based on site constraints.
(b)
The driveway or defined parking area shall be constructed of a hard surface pavement with a minimum two-and-a-half (2.5) inches of asphalt or four inches of concrete. Bricks or pavers may be approved if they are constructed according to the manufacturer's specifications for driveways but may not be used in the right-of-way or sidewalk area
(c)
Driveways and parking areas shall be constructed in a way that prevents stormwater from flowing onto adjacent private properties. Draining into the public right-of-way is permitted.
(3)
Screening. Within residential areas, all nonresidential parking areas shall be screened according to 1.1106.
(4)
Type of parking. Required off-street parking for single-family dwellings may be provided in a stacking configuration in a driveway, garage, or combination thereof.
(5)
Lawn parking. Lawn areas shall not be used for off-street parking or regular access to a driveway, building, or accessory structure. Regular access is indicated by tire marks and/or excessive wear on the grass.
(6)
Repair work. No commercial repair work, commercial servicing, or selling of any kind shall be conducted on parking areas in residential districts. A resident may repair vehicles which are registered to the address of the resident's dwelling unit on-site; however, in no instance shall a resident repair other vehicles on said property. Such personal repair shall not exceed seven consecutive days in any 30-day period.
(7)
Sales. A resident of a dwelling unit may have not more than one motorized vehicle for sale on the site of such dwelling unit at any time. The vehicle for sale must be titled to the resident of the dwelling. In no instance shall vacant residential lots or parcels be utilized for the sale of vehicles, and in no instance shall a vehicle for sale be displayed in a front yard other than on the driveway portion of the yard.
(8)
Commercial vehicles. Commercial vehicles shall be prohibited in any residential district or on any residential property. However, this section shall not prevent the temporary location of such vehicle while engaged in a delivery, pick-up or service call to the property.
(9)
Recreational equipment and vehicles. Within all residential districts and residential use areas, recreational equipment and no more than one recreational vehicle ("RV") per dwelling unit may be parked on a parcel. Parking of RVs and recreational equipment are subject to the conditions below.
(a)
Parking in a developed driveway or parking area. An RV and/or recreational equipment on a trailer may be parked in a developed driveway or defined parking area as long as the required off-street parking requirements are maintained and remain available in addition to the space(s) occupied. The RV and/or recreational equipment shall not encroach on the required front yard setback (see table 1.0501) by more than 15 feet, and can in no case be closer than ten feet to the front lot line or right-of-way.
(b)
Parking in areas other than a developed driveway or parking area. An RV and/or recreational equipment may be parked on an occupied property in an area other than a developed driveway or defined parking area if the following provisions are met:
i.
The RV and/or recreational equipment must be owned by the occupant.
ii.
The RV and/or recreational equipment must be licensed and operable (if applicable).
iii.
The RV and/or recreational equipment must be maintained and in good repair.
iv.
The RV and/or recreational equipment must be constructed on a wheel-base or stored on a trailer.
v.
The area around and under the RV and/or recreational equipment must be kept free of any tall grass or weeds.
vi.
The RV and/or recreational equipment shall not encroach on the required front yard setback (see table 1.0501) by more than 15 feet, and can in no case be closer than ten feet to the front lot line or right-of-way.
vii.
The RV and/or recreational equipment shall not encroach on a required side yard that is the street side of a corner lot.
(c)
Temporary parking for RVs and/or recreational equipment. The occupant is allowed to temporarily park RVs or recreational equipment with the following restrictions:
i.
Guest RV. An occupant is allowed to have one guest RV in addition to the requirements of this section. The guest RV must either be parked in a developed driveway or defined parking area or parked according to the provisions of subsections (9)(b)(ii) through (vii). The guest RV may only be parked for a period not to exceed two weeks in any 30-day period and not to exceed six weeks in any calendar year.
ii.
Loading and unloading of RVs and recreational equipment. One RV, trailer, or piece of recreational equipment on a trailer may be parked in a developed driveway or defined parking area irrespective of maintaining off-street parking requirements for a period of two days for purpose of loading and or unloading.
1.0903 - Required loading.
(A)
Freight loading.
(1)
Application. Loading and unloading spaces shall be provided for all commercial and industrial uses, except in cases where adequate space, as determined by the community development department, is or can be provided on adjacent public property.
(2)
Location.
(a)
The off-street loading zone space shall be located in rear and side yards only. Front yard loading zone spaces are prohibited.
(b)
Shared loading arrangements amongst establishments are permitted, provided the shared loading information is provided on the site plan.
(c)
Each loading space shall be at least 12 feet in width, 88 feet in length, and have a height clearance of 14 feet above grade. The dimensions of the loading space(s) may be reduced at the planning commission's discretion.
(d)
No off-street loading zone space shall be located closer than 50 feet to any residentially zoned property, unless wholly within a completely enclosed building or properly screened on all sides facing residential zones as per section 1.1106.
(3)
Pavement types. All dedicated loading spaces shall be constructed of a hard surface pavement with a minimum two-and-a-half inches of asphalt or four inches of concrete. The use of gravel, crushed concrete, crushed asphalt, or similar materials shall be prohibited.
(4)
Loading space requirements. The minimum number of loading zone spaces shall be provided as described below. Loading space requirements shall not apply to properties within the community parking district.
(B)
Passenger loading and curb management.
(1)
Properties within the B-C and B-N districts that do not provide immediately adjacent parking shall consider an onsite passenger drop-off and pick-up location for ease of patron access. If it is determined that a passenger loading and curb management space is needed, the zoning administrator may require that the space be permanently provided.
1.0904 - Parking lot design.
(A)
Parking design. Off-street parking areas shall be designed to the following minimum standards:
Table 1.900B
(1)
Barrier-free parking.
(a)
Off-street parking facilities shall provide barrier-free spaces in accordance with the table below:
(b)
Barrier-free parking spaces shall comply with the following ADA design standards.
i.
A minimum width of eight feet for automobiles and 11 feet for vans.
ii.
A minimum five-foot wide access aisle for all types of barrier-free parking spaces. Access aisles shall be marked with painted hatch marks.
iii.
A van-accessible aisle may be a minimum of eight feet wide if the adjoining access aisle is also eight feet wide.
iv.
Van-accessible spaces, their associated access aisles, and the vehicular routes serving them shall provide a vertical clearance of a minimum of 98 inches.
Source: https://adata.org/factsheet/parking
(B)
Curb and vehicle stops. All off-street parking areas shall include six inches curbs or vehicle stops to prevent vehicles from overhanging into or over public rights-of-way or on-site sidewalks. If curbs are integrated into the parking area, a seven foot wide sidewalk is required where they abut the curb. If vehicle stops are placed in the parking area, they shall be placed a minimum of three feet from the edge of sidewalks.
(C)
Circulation.
(1)
Interconnectivity and access management. Any new or rehabilitated off-street parking area in the B-C, B-N, B-H1, or B-H2 district shall include a design for cross-parcel connection to any existing parking area on all adjacent and neighboring properties, and such connection shall be constructed up to the property line. When designing the connection, it is recommended to seek input from the owner of such adjacent property in order to accommodate site limitations or advantages that may not be immediately visible. If no adjacent property and parking facility exists at the time of development, the new off-street parking facility shall be designed so that future cross-access circulation and access is possible.
Exception: The planning commission may waive this requirement if the parking area is not within 50 feet of adjoining property's parking area.
(2)
Drives and aisles.
(a)
All parking areas shall be provided with circulation aisles meeting the standards of this article for parking design.
(b)
All maneuvering lane widths shall permit one-way traffic movement, except that the 90° pattern may permit two-way movement.
(c)
In no case shall a parking space be permitted which would necessitate the backing of a motor vehicle into a street or over a public walk.
(d)
Parking lots with 300 or more spaces shall include perimeter drives and a central access drive leading to the main building.
(e)
Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Driveways shall be a minimum of 24 feet wide and permit two-way traffic. For one way traffic, the minimum width shall be 15 feet wide and must be approved by city staff. Upon city staff recommendation, the planning commission may approve a smaller driveway width or require a larger one based on evidence such as trip generation data or physical roadway conditions.
(f)
Each entrance to and exit from any off-street parking lot for commercial and manufacturing use shall be at least 25 feet from any residential property line that is abutting or directly across the street, unless approved by the city engineer.
(g)
Any construction or rearrangement of existing drives which involve the ingress or egress of vehicular traffic to or from a public street shall be approved by city staff in accordance with traffic safety standards and best practices.
(h)
An escape lane is required for all new developments with a drive through. Redevelopments of existing sites with existing buildings will not be required to provide escape lanes if the site does not permit due to site constraints.
(D)
Pedestrian circulation. All off-street parking areas, except for those in industrial districts and single-family residential districts, shall consider safe and efficient pedestrian circulation. This may include paved walkways, marked pavement patterns, and other facilities to define pedestrian movement and alert drivers to possible conflicts.
(E)
Screening, landscaping, and lighting.
(1)
Screening and landscaping.
(a)
Off-street parking areas shall be effectively screened and landscaped on any side which adjoins or faces a residential district or any residential or institutional use as per section 1.1106.
(b)
All dumpsters and mechanical equipment located in any off-street parking lot shall be screened on all sides with a durable, opaque material, at a minimum height of one foot above the trash receptacle or mechanical equipment. The maximum height shall not exceed eight feet.
(2)
Tree islands. All new off-street parking areas with 20 or more parking spaces per row shall provide tree islands in the parking lot design satisfying the following standards. Referencing the City's Forestry Ordinance (Chapter 66 of the Sturgis Code of Ordinances) for recommendations on tree species is highly encouraged.
(a)
Single-loaded aisles shall have one tree island containing one canopy tree at both ends of each row. The minimum dimensions for each island shall be nine feet by 18 feet.
(b)
Double-loaded aisles shall have one tree island containing two canopy trees at both ends of each row. The minimum dimensions for each island shall be 12 feet by 36 feet.
(c)
Tree islands shall be surrounded by a concrete curb at a height of six inches and shall be vegetated with turf in addition to the required canopy tree(s). The islands and may be used for stormwater management if appropriate curb cuts are placed to allow the flow of stormwater into the island from parking areas. Snow storage on tree islands is prohibited.
(F)
Exterior lighting.
(1)
Exterior lighting shall be arranged so it is deflected away from adjacent properties and so it does not impede the vision of traffic along adjacent streets. Lighting shall not exceed 0.5 footcandles when measured from ground level at the adjoining property boundary.
(2)
Flashing or intermittent lights shall not be permitted.
(3)
Light poles and fixtures shall be no higher than 25 feet in parking lots, and no higher than 16 feet in height along interior sidewalks and walkways. All light poles and fixtures shall have a downcast glow.
(4)
Light poles and fixtures set in the perimeter of parking areas shall not be placed in a parking space.
(G)
Surfacing and stormwater management.
(1)
Materials and surfacing. The entire parking and loading area for all commercial and industrial districts, including parking spaces and maneuvering lanes, shall be provided with asphalt, concrete, brick, pervious pavers, or other similar hard surfacing in accordance with specifications approved by the zoning administrator and city engineer except as provided for residential areas. In instances where a parking area is non-conforming, the expansion or significant improvement of the use of the land or structure shall require the paving of such parking area to conform with this Section.
(a)
Screened storage areas shall not be required to be paved with a hard surface but in no instance shall green space be used for parking. Surface to be approved by zoning administrator and city engineer.
(b)
Parking and loading areas shall be surfaced within six months of the issuance of a permit. One three-month extension may be granted by the building official upon written request, with ample cause for an extension.
(c)
Paved wheel tracks for driveways shall not be permitted.
(2)
Stormwater and drainage. Off-street parking areas shall be drained to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings. All surface stormwater drainage areas abutting a driveway, parking area, or sidewalk that are greater than three feet in depth and have a side slope steeper than one foot in vertical rise for every three feet in horizontal run shall be enclosed with four foot high fencing. Fencing installed around storm water drainage areas shall be chainlink and must be maintained free of debris, weeds and noxious growth. All stormwater and drainage must adhere to the city's stormwater management guide.
1.0905 - Variances and exceptions.
(A)
Planning commission waiver or consideration. The planning commission may reduce or waive the number of off-street parking and/or loading spaces required for a specific use, provided it determines that no good purpose would be served by providing the required number of such spaces. Any such reduction or waiver request shall require a public hearing, and the planning commission shall process the request and give notice of said public hearing in accordance with the provisions of section 1.0602 of this [zoning] ordinance. In making such a determination to reduce or waive the requirements for off-street parking and/or loading spaces of this chapter, the planning commission may consider the following:
(1)
Extent that existing on-street parking and/or loading spaces can effectively accommodate the parking and loading needs of a given use without negatively impacting traffic safety or adjacent uses.
(2)
Existing and proposed building placement.
(3)
Location and proximity of municipal parking lots and/or public alleys.
(4)
Agreement for parking and/or loading spaces with adjacent or nearby property owners.
(B)
Zoning board of appeals. The zoning board of appeals shall have authority to interpret this section and may grant variance from these requirements in specific cases, according to the standards of 1.1405 of this [zoning] ordinance.