The purpose of this article is to ensure sufficient automobile off-street parking space with adequate access to all spaces at the time of erection, enlargement or change in use, of any principle building or structure. Off-street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their efficient use, promote public safety, improve aesthetics and, where appropriate, protect surrounding uses from undesirable impacts. The number of off-street parking spaces, in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy, as hereinafter prescribed.

(Ord. No. 440, §§ 1, 10, 6-10-19)

Compliance with the off-street parking regulations shall be required as follows:

A.

General applicability: For all buildings and uses established after the effective date of this ordinance, off-street parking shall be provided as required in this section prior to issuance of a certificate of occupancy. However, this requirement is subject to the vested rights set out in section 1.02 of this ordinance.

B.

Change in use or intensity: If the use of a building or intensity of use of any building, structure, or lot is increased through the addition of dwelling units, increase in floor area, increase in seating capacity, or through other means, additional off-street parking shall be provided for such increase in intensity of use.

C.

Existing parking facilities:

1.

Off-street parking facilities in existence on the effective date of this ordinance shall not thereafter be reduced below, or if already less than, shall not be further reduced below the requirements for the use being served as set forth in this ordinance.

2.

An area designated as required off-street parking shall not be changed to any other use unless equal facilities are provided elsewhere in accordance with the provisions of this ordinance.

D.

Review procedures: Compliance with the requirements in this article shall be subject to site plan review and approval.

(Ord. No. 440, §§ 1, 10, 6-10-19)

In all zoning districts, off-street vehicle parking facilities shall be provided and maintained as herein prescribed:

A.

Location:

1.

Proximity to building or use being served. Off-street parking for multiple-family and non-residential uses shall be located on the same lot or parcel as the building or use being served or within 500 feet of the building it is intended to serve, measured from the nearest public building entrance to the nearest parking space, except as otherwise permitted for collective use of off-street parking. Ownership shall be shown on all lots or parcels intended or used as parking by the applicant.

2.

Within yards. Off-street parking in commercial, office, multiple-family, and industrial uses may only be located in a rear yard or non-required front or side yard, provided that all landscaping requirements in Article 20 are complied with, and provided further that off-street parking shall not be permitted within 20 feet of a single-family residential district boundary, nor within ten feet of any road right-of-way line.

B.

Perimeter landscaping: Greenbelts along the street frontage and buffer zones along lot lines may also be required (see Article 20). When required off-street parking in a non-residential district abuts a residential district, there shall be located a landscaped buffer strip 15 feet wide and parallel to the mutual boundary. The buffer strip shall be composed of trees and/or foliage. In lieu of a buffer strip, the planning commission may permit or require a solid fence or wall between six and 12 feet in height and shall be located along a mutual boundary.

C.

Internal landscaping: Internal landscape islands may be required by the planning commission for all lots in excess of 25 spaces in accordance with the standards of Article 20.

D.

Parking standards, by use:

1.

One-family and two-family. Off-street parking spaces in one-family and two-family residential districts shall consist of a parking strip, driveway, garage, or combination thereof, and shall be located on the premises they are intended to serve. No parking shall be permitted on lawns or other unpaved areas on residential lots, with the exception of approved gravel parking driveways and areas. A minimum three feet wide lawn or landscape strip, where feasible, shall be required between the edge of pavement and all property lines.

2.

Other uses. Parking areas, other than for one-family detached homes or duplexes on individual lots, shall be approved as part of a site plan. Minor changes to the parking layout, as determined by the zoning administrator shall require submittal of a parking plan which indicates property lines, existing and proposed ground elevations at two-foot contour intervals, the number of spaces, calculations for meeting the minimum space requirements of this article, dimensions of aisles, driveways and typical parking stalls, location of curbs and curb blocks, location and size of signs, existing and proposed landscaping, existing and proposed lighting and drainage facilities.

E.

Control of off-site parking: It shall be unlawful to park or store any motor vehicle on private property without the expressed or implied consent of the owner, holder, occupant, lessee, agent, or trustee of said private property. Where required parking is permitted on land other than on the same lot as the building or use being served, the land on which the parking is located shall be under the same ownership or control as the lot occupied by said building or use.

F.

Limits on storage and repair: The use of required parking areas for material storage, refuse storage stations/dumpsters, storage or display of vehicles and/or merchandise, or for vehicle or machinery repair or maintenance is expressly prohibited. The use of semi-trailers for storage purposes on the premises for five or more consecutive days is prohibited. Emergency service required to start vehicles shall be permitted.

G.

Duration: Except when land is used as permitted storage space in direct connection with a legitimate business, a 24-hour time limit for parking in non-residential off-street parking areas shall prevail, provided that it shall be unlawful to permit the storage of wrecked, inoperable, or junked vehicles in any parking area in any district.

H.

Access to parking: Each off-street parking space shall open directly onto a clearly-defined aisle or driveway of sufficient width and design as to provide safe and efficient access to or from a public street or alley in a manner that will least interfere with the smooth flow of traffic. Access to off-street parking which serves a non-residential use shall not be permitted across land that is zoned or used for residential purposes.

I.

Ingress and egress: A suitable means of ingress and egress shall be provided and located to minimize traffic congestion and interference with pedestrian movement. The location of all entrances and exits and directional signs, shall be approved by the planning commission, and where required, by the Genesee County Road Commission, and the Michigan Department of Transportation.

J.

Limits on excessive parking: In order to minimize excessive areas of pavement which depreciate aesthetic standards and contribute to high rates of storm water runoff, exceeding the minimum parking space requirements by greater than 20 percent shall not be allowed, except as approved by the planning commission. In granting such additional space, the planning commission shall determine that such parking will be required, based on documented evidence, to accommodate the use on a typical day.

K.

Collective use of off-street parking: Off-street parking for separate buildings or uses may be provided collectively subject to the following:

1.

The total number of spaces provided collectively shall not be less than the sum of spaces required for each separate use, unless the operating hours of the building or uses do not overlap, in which case the planning commission may reduce the total number of spaces to a number deemed reasonable based on the characteristics of the buildings or uses.

2.

Each use served by collective off-street parking shall have direct access to the parking without crossing streets.

3.

The collective off-street parking shall not be located farther than 500 feet from the building or use being served.

4.

Written easements which provide for continued use and maintenance of the parking shall be submitted to the city for approval.

Note: A 20 percent reduction may be permitted for collective off-street parking lots if a signed agreement is provided by the property owner, and the planning commission determines that the peak usage will occur at different periods of the day.

L.

Limits on changes: Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities meeting the standards of this section are provided elsewhere, or the parking requirements of the site change. Off-street parking existing at the effective date of this ordinance, in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

M.

Parking lot deferment: Where the property owner can demonstrate or the planning commission finds that the required amount of parking is excessive, the planning commission may approve a smaller parking area, provided that the area of sufficient size to meet the parking space requirements of this article is retained as open space, and the owner agrees to construct the additional parking at the direction of the planning commission based on observed usage within six months of being informed of such request in writing by the planning commission.

A written legal agreement, which has been approved by the city attorney, to construct the deferred parking shall be provided by the applicant. The planning commission may require posting of a performance bond to cover the estimated construction cost of the deferred parking with a refund in two years if the additional parking is not found to be necessary. The site plan shall note the area where parking is being deferred, including dimensions and dotted parking lot layout.

N.

Parking structures: Parking structures shall be permitted subject to the following standards:

1.

Any parking structure shall comply with the required setbacks for the district in which it is located.

2.

Parking structures shall be designed as integral elements of the overall site plan, taking into account the relationship to the principal building and other structures on the site.

3.

The façade of the parking structure shall be compatible in design, color, and type of material to the principal building(s) on the site.

4.

Landscaping shall be placed around the parking structure in accordance with an approved landscape plan. Any such landscaping shall be compatible with the overall landscape plan for the entire site.

O.

Snow removal: All off-street parking and loading facilities required by this article shall be maintained free of accumulated snow, standing water, debris or other materials which prevent full use and occupancy of such facilities in accordance with the intent of this article, except for temporary periods of no more than five days in the event of heavy rainfall or snowfall.

P.

Carports and garages: Carports and garages for multiple-family dwellings shall be calculated as parking spaces on a one-to-one basis. Carports and garages in multiple-family dwelling developments shall have a maximum height of 14 feet, measured from the grade to the peak of the structure. Carports shall be screened on the sides or front end facing any public or internal street or drive. A minimum four-foot high wall or landscape hedge may be required in accordance with the provisions of Article 20.

Q.

Use of garages: Accessory garages shall only be used to store vehicles or equipment associated with a permitted use unless a private leasing garage or storage area is approved by the planning commission.

R.

Construction parking: During construction, off-street parking shall be provided on-site for all construction vehicles and employees.

S.

Recreational vehicle parking and storage:

1.

Standards in residential districts.

a)

Except as otherwise permitted in this section, recreational vehicles and equipment greater than 104 inches in width or 37 feet in length shall not be parked or stored on any lot or parcel or on the road in any Residential District.

b)

Recreational vehicles and equipment 104 inches in width or 37 feet in length or less shall be parked and stored in the side or rear yards, and may project a maximum of five feet into the front yard.

c)

For the purposes of loading and unloading, recreational vehicles, and equipment may be parked anywhere in a driveway or parking area on a residential premises for a period not to exceed three days.

d)

Such equipment shall not be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

e)

Recreational vehicles and equipment shall not be parked or stored on any public right-of-way or easement.

f)

Recreational vehicles and equipment may not be stored or parked in residential districts for the purpose of making major repairs, refurbishing, or reconstruction of the recreational vehicle or equipment.

g)

Recreational vehicles must have a current or prior year license plate and registered to an occupant of the dwelling unit on the parcel on which it is stored.

2.

Non-residential districts. The storage of recreational vehicles and equipment in non-residential districts when it is not associated with the business of the property, shall provide proper screening so that it is not visible from the road and abutting residential areas.

T.

Repair of vehicles: The parking, carrying out of repair, restoration and maintenance procedures or projects on vehicles in any residential district, when such work is not conducted entirely within the interior of the vehicle, shall be subject to the following limitations:

1.

All vehicles parked or being worked on outside shall be on an improved driveway surface, licensed, and operable.

2.

Procedures exceeding 48 hours in duration or which require the vehicle to be inoperable in excess of 48 hours shall be conducted within an enclosed building.

3.

Inoperable vehicles and vehicle parts shall be stored inside an enclosed building.

U.

Parking of commercial vehicles:

1.

Parking of commercial vehicles over two tons shall be prohibited in all residential districts; except this restriction shall not apply to essential public service vehicles.

2.

It shall be unlawful for the owner, tenant, or lessee of any lot to permit the open storage or outdoor parking of semi-tractor (50-foot wheelbase or larger) trucks and/or semi-trailers, bulldozers, earth carriers, cranes, or any other similar equipment or machinery, unless the storage or display of such vehicles is an approved use or unless the vehicles are temporarily parked while in use for approved construction on such lot.

(Ord. No. 434, § 7, 10-8-18; Ord. No. 440, §§ 1, 10, 6-10-19)

The following standards shall be used in determining the required number of parking spaces:

A.

Definition of floor area:

1.

For the purposes of determining required number of parking spaces, "floor area" shall mean the gross floor area (GFA), unless otherwise noted.

2.

Where the floor area measurement is specified as gross leasable floor area, (GLA) or usable area, parking requirements shall apply to all internal building areas excluding the floor area used for storage, mechanical equipment rooms, heating/cooling systems and similar uses, and other areas nor intended for use by the general public. Where these areas are yet undefined, leasable floor area shall be considered to be 80 percent of the gross floor area.

B.

Units of measure:

1.

Fractional spaces. When calculations for determining the required number of parking spaces results in a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one parking space.

2.

Employee parking. Parking spaces required for employees shall be based on the maximum number of employees on the premises at any one time.

3.

Bench seating. In calculating bench seating for places of assembly, each 24 inches of benches, pews or other such seating, shall be counted as one seat.

4.

Stacking spaces. Each required drive-through waiting or stacking space shall be 20 feet long and ten feet wide.

C.

Uses not cited: For those uses not specifically mentioned, the requirements for off-street parking for a similar use shall apply, subject to review by the planning commission and/or zoning administrator. A factor of one and one-half times the average rate listed in the Institute of Transportation Engineers Parking Generation Manual may be used.

D.

Parking during construction: Temporary off-street parking shall be provided for workers during construction at a rate of one space per employee. Gravel surfacing may be permitted for such temporary parking.

E.

Accessible/barrier-free parking: Each parking lot that serves a building, except one-family and two-family dwelling units, shall have a number of level parking spaces, reserved for persons with disabilities, according to the following provisions:

1.

Definitions.

a)

Accessible/barrier-free: Describes a site, building, facility, or portion thereof that complies with the Uniform Federal Accessibility Standards (UFAS) and that can be approached, entered, and used by persons with disabilities.

b)

Accessible route: A continuous unobstructed path connecting all accessible spaces in a building or facility. Interior accessible routes may include corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.

c)

Access aisle: An accessible pedestrian space between elements, such as parking spaces, seating, and desks, that provides clearances appropriate for use of the elements.

2.

Location. Parking spaces for persons with disabilities and accessible passenger loading zones that serve a particular building shall be the spaces or zones located closest to the nearest accessible entrance on an accessible route. In separate parking structures or lots that do not serve a particular building, parking spaces for persons with disabilities shall be located on the shortest possible circulation route to an accessible pedestrian entrance of the parking facility.

3.

Barrier-free parking spaces.

a)

Parking spaces for persons with disabilities shall be at least 96 inches wide and shall have an adjacent access aisle 60 inches wide minimum. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with the requirements in the Uniform Federal Accessibility Standards, the State Barrier-Free Manual, and the requirements of the Americans with Disabilities Act, as amended.

b)

Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route.

c)

Parking spaces and access aisle shall be level with surface slopes not exceeding 1:50 in all directions. One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 inches wide minimum and shall be designated "van accessible". All such spaces may be grouped on one level of a parking structure.

4.

Signage. Accessible parking spaces shall be designated as reserved for persons with disabilities by a sign showing the International symbol of accessibility. Such signs shall not be obscured by a vehicle parked in the space.

5.

Passenger loading zones. Passenger loading zones shall provide an access aisle at least 60 inches wide and 20 feet long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp shall be provided. (Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 in all directions.)

6.

Vehicle clearance. Provide minimum vehicle clearances of 114 inches at accessible passenger loading zones and along vehicle access routes to such areas from site entrances. If accessible van parking spaces are provided, then the minimum vertical clearance should be 114 inches.

7.

Compliance. Accessibility shall be in compliance with the adopted City Building Code, the State of Michigan Barrier-Free Rules, Michigan Public Act No. 1 of 1966, as amended, and the American with Disabilities Act, as amended.

F.

Use of loading space: Required loading space shall not be counted or used for required parking.

G.

Minimum number of spaces for each use: The amount of required off-street parking space shall be determined in accordance with the schedule which follows. Where more than one standard is provided for a particular use, the standard that provides the most parking spaces shall be used. The planning commission may modify the numerical requirements for off-street parking, based on evidence that another standard would be more reasonable, because of the level of current or future employment and/or level of current or future customer traffic.

H.

Central business district: All uses within the central business district shall calculate parking (residential and commercial) to require four parking spaces per 1,000 square feet of gross floor area.

(Ord. No. 434, § 8, 10-8-18; Ord. No. 440, §§ 1, 10, 6-10-19)

(Ord. No. 434, § 9, 10-8-18; Ord. No. 440, §§ 1, 10, 6-10-19)

Off-street parking facilities containing four or more spaces shall be designed, constructed, and maintained in accordance with the following requirements:

A.

Review and approval requirements: Plans for the construction of any parking lot in conjunction with a new development shall be submitted for review and approval according to the normal site plan review procedures. Plans for expansion of an existing parking lot that is not associated with other new development shall be submitted to the zoning administrator for review and approval prior to the start of construction. Upon completion of construction, the parking lot must be inspected and approved by the zoning administrator before a certificate of occupancy can be issued by the city for the parking lot and for the building or use the parking is intended to serve.

Two sets of plans shall be prepared at a scale of not less than 50 feet equal to one inch. Plans shall indicate existing and proposed grades, drainage, (sewers), surfacing and base materials, and the proposed parking lot layout. The plans shall conform to the construction and design standards established by the city and the requirements of this article.

In the event that the required parking cannot be completed because of cold or inclement weather, a temporary certificate of occupancy may be issued.

B.

Dimensions: Off-street parking shall be designed in conformance with the following standards and the requirements of section 18.04, Minimum number of spaces required:

C.

Ingress and egress: All spaces shall be provided with adequate access by means of clearly defined maneuvering lanes and driveways. Entrances and exits from off-street parking lots shall be located at least 25 feet from the nearest point of any property zoned for single-family residential use.

D.

Surfacing and drainage:

1.

Grading, surfacing, and drainage plans shall be subject to review and approval by the building inspector and/or city engineer in accordance with the specifications approved by the city council. All off-street parking areas, access lanes, driveways and other vehicle maneuvering areas shall be hard-surfaced with concrete or plant-mixed bituminous material. However, the planning commission may permit a gravel surface, provided the applicant or property owner provides sufficient evidence that a paved surface is not necessary. This determination will be based upon the following criteria:

a)

The types of uses to be conducted in the storage area;

b)

The types and amounts of hazardous materials to be used at the site;

c)

The extent of natural vegetation to filter dust generated by a gravel parking or loading area;

d)

The existence of adjacent uses which may be impacted by dust generated by a gravel parking or loading area;

e)

Existing hydraulic and ecologic features such as adjacent wetland complexes which may be better protected by the reduced runoff resulting from gravel parking or loading area;

f)

Existing soil permeability sufficient to provide desired infiltration; and

g)

The potential for, or ability to minimize, erosion and sedimentation from a gravel parking or loading area.

2.

Required parking lots shall be installed and completed within one year of receipt of a building permit and before issuance of an occupancy permit. The planning commission may grant a single extension for an additional six months in the event adverse weather conditions or unusual delays beyond the control of the property owner.

3.

Off-street parking areas, access lanes, and driveways shall be graded and drained so as to dispose of surface waters. Surface water shall not be permitted to drain onto adjoining property, unless in accordance with an approved drainage plan.

E.

Curbs, parking block: Installation of a curb of at least six inches in height may be required by the planning commission, to prevent motor vehicles from being driven or parked within two feet of abutting landscape areas, sidewalks, streets, buildings, or adjoining property. In lieu of a curb, parking blocks may be substituted to prevent vehicles from extending over grass areas, setback lines, or lot lines.

F.

Lighting: All parking areas, driveways, and walkways shall be illuminated to ensure the security of property and the safety of persons using areas, in accordance with the requirements in Article 19. Parking lot entrances shall be illuminated. Lighting shall be shielded from adjacent residential properties.

G.

Buildings: No building or structure shall be permitted on an off-street parking lot, except for a maintenance building/attendant shelter, which shall not be more than 50 square feet in area and not more than 15 feet in height.

H.

Signs: Accessory directional signs shall be permitted in parking areas in accordance with the city's sign ordinance.

I.

Screening and landscaping:

1.

All off-street parking areas, except those serving one-family and two-family dwellings, shall be screened and landscaped in accordance with the provisions set forth in Article 20.

2.

When a front yard setback is required, all land between the parking area and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.

J.

Walls and alleys: In all cases where a wall extends to an alley which is a means of ingress or egress to an off-street parking area, it shall be permissible to end the wall not more than ten feet from such alley line in order to permit a wider means of access to the parking area.

K.

Maintenance: All parking areas shall be maintained free of dust, trash, and debris. Surfacing, curbing, lighting fixtures, signage, and related appearances shall be maintained in good condition. All required lawns, landscaping, and plantings shall be maintained in a healthy, growing condition, neat and orderly in appearance. Trees and shrubs shall be properly pruned of dead and damaged limbs. Dead and severely damaged trees and shrubs shall be removed and replaced according to the minimum planting standards as outlined in Article 20.

L.

Modifications: The planning commission, upon application by the property owner of the off-street parking area, may modify the yard or wall requirements where, in unusual circumstances, no good purpose would be served by the compliance with the requirements of this section.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

Scope of loading space requirements: Compliance with the loading space regulations set forth herein shall be required in order to avoid interference with the public use of streets, alleys, parking areas, driveways, sidewalks, and other public areas.

1.

General applicability. On the same premises with every building, or part thereof, erected and occupied for manufacturing, storage, warehousing, display and sale of goods, including department stores, wholesale stores, markets, hotels, hospitals, mortuaries, laundries, dry cleaning establishments, and other uses involving the receipt or distribution of materials, merchandise, or vehicles, there shall be provided and maintained adequate space for loading and unloading as required in this section.

2.

Change in use and intensity. Whenever use of a building, structure, or lot is changed, loading space shall be provided as required by this ordinance for the new use, regardless of any variance which may have been in effect prior to change of use.

3.

Surfacing and drainage. Loading areas shall be hard-surfaced with concrete or plant-mixed bituminous material, so as to provide a permanent, durable and dustless surface. Loading areas shall be graded and drained so as to dispose of surface waters. Surface water shall not be permitted to drain onto adjoining property, unless in accordance with an approved drainage plan. Grading, surfacing, and drainage plans shall be subject to review and approval by the building inspector and/or city engineer in accordance with the specifications approved by the city council.

4.

Storage and repair prohibited. The storage of merchandise, sale of motor vehicles, storage of inoperable vehicles, or repair of vehicles is prohibited in required front yards, external side yards and loading space.

5.

Central loading. Central loading facilities may be substituted for individual loading spaces serving businesses on separate lots provided that all of the following conditions are fulfilled:

a)

Each business served shall have direct access to the central loading area without crossing streets or alleys.

b)

Total loading space provided shall meet the minimum requirements specified herein, in consideration of total floor area of all businesses served by the central loading space.

c)

No building served shall be more than 300 feet from the central loading area.

6.

Minimum loading space. The amount of required loading space shall be determined in accordance with the schedule that follows. The planning commission may modify these requirements upon making the determination that another standard would be more appropriate because of the number or type of deliveries experienced by a particular business or use.

(Ord. No. 440, §§ 1, 10, 6-10-19)