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Tuscola City Zoning Code

OFF-STREET PARKING

AND LOADING

§ 156.140 PURPOSE.

   The purpose of this subchapter is to alleviate or prevent the congestion of the public streets, and so promote the safety and welfare of the public, by establishing minimum requirements for the off-street parking and loading of motor vehicles in accordance with the use to which property is put.
(Ord. 80-0-24, passed 1-12-81)

§ 156.141 GENERAL REQUIREMENTS.

   (A)   No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off- street parking and loading spaces have been provided in accordance with the provisions of this chapter.
   (B)   The provisions of this sub-chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements, there shall be provided as many of such spaces as may be required by this chapter.
   (C)   Whenever a building or structure constructed after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or structure existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in floor area, number of employees, number of housing units, seating capacity or otherwise, the building or structure shall then and thereafter comply with the full parking requirements set forth herein.
(Ord. 80-0-24, passed 1-12-81) Penalty, see § 156.999

§ 156.142 PARKING SPACE DIMENSIONS.

   For the purpose of this section, 180 square feet of lot or floor area, which has a means of ingress or egress from an alley or street, shall be deemed parking space for one vehicle. Such space shall not occupy any part of any required front yard, but where open, may be included as part of a required open space for side or rear yard. On corner or through lots, parking space may not be included as part of required yards lying adjacent to either street.
(Ord. 80-0-24, passed 1-12-81)

§ 156.143 LOADING SPACE REQUIREMENTS AND DIMENSIONS.

   On the same lot with every building or part thereof, erected hereafter to be used for other than exclusive dwelling purposes, or as an accessory use for dwelling purposes, there shall be provided on the lot, adequate space for motor vehicles in order to avoid undue interference with the public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a 10 foot by 25 foot loading space, with 15 feet height clearance, and one such space shall be provided for each 20,000 square feet or fraction thereof of a floor or lot area used for other than residential purposes.
(Ord. 80-0-24, passed 1-12-81)

§ 156.144 PAVING.

   Such parking spaces and access driveways, required in residential districts, when used in compliance with the provisions of this chapter, shall be paved or otherwise surfaced with an all-weather, dust-proof material. That part of the driveway connecting from the curb line to the property line shall be paved with concrete or asphaltic materials.
(Ord. 80-0-24, passed 1-12-81)

§ 156.145 DRAINAGE.

   Parking areas serving nonresidential uses of property shall be hard surfaced and graded so as to drain off all surface water to storm sewer inlets, which shall be located within parking areas.
(Ord. 80-0-24, passed 1-12-81)

§ 156.146 MAINTENANCE.

   The owner of property used for parking or loading shall maintain such area in good condition without holes and free of all dirt, trash, and other debris.
(Ord. 80-0-24, passed 1-12-81)

§ 156.147 LIGHTING.

   Any parking lot which is intended to be used during nondaylight hours shall be properly illuminated to avoid accidents. Lights used to illuminate parking lots shall be so arranged as to reflect lighting away from adjoining premises in residential districts.
(Ord. 80-0-24, passed 1-12-81)

§ 156.148 SCREENING OR LANDSCAPING.

   When parking areas or lots abut on adjacent residential properties, there shall be provided a wall or solid screen planting of appropriate shrubs to a height of not less than four feet along the entire boundary, common to both the residential and parking areas. Walls or solid screen planting to a height of not less than four feet shall also be placed along the street line where a parking lot abuts on a street which provides access to adjacent residential properties. These requirements shall not apply to corner lots or other locations where a four-foot wall or screen would materially impede vision to the detriment of the public health, safety, and welfare.
(Ord. 80-0-24, passed 1-12-81)

§ 156.149 DISABLED VEHICLES.

   The parking of a disabled vehicle within a residential or commercial district for a period of more than two weeks shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building.
(Ord. 80-0-24, passed l-12-81) Penalty, see § 156.999

§ 156.150 RECREATIONAL VEHICLES.

   (A)   No recreational vehicle, watercraft, or commercial vehicle shall be parked for a continuous period of more than 72 hours, as hereinafter defined, off street, upon a private lot or lots, as the case may be, except in the following situations:
      (1)   In the back yard or side yards, provided that no part of the recreational vehicle extends into the front setback as provided by the city zoning code for the lot or lots, as the case may be, in question.
      (2)   Upon any driveway, as hereinafter defined, provided that no part of the recreational vehicle extends beyond the front edge of the front yard setback, the front edge being the portion where the setback abuts with the city right-of-way.
      (3)   Inside of a garage or other structure.
   (B)   Definitions.
   “COMMERCIAL VEHICLES.” Includes, but is not limited to, semi-tractor and trailers, off-road construction vehicles and equipment, such as backhoes, tractors, and end loaders, trailers used in the pursuit of a commercial enterprise, and any other wheeled vehicle with a gross vehicle weight in excess of 12,000 and used primarily in the pursuit of a commercial enterprise.
   “CONTINUOUS PERIOD.” The 72-hour continuous period referenced to in division (A) of this section, shall include, for purpose of this chapter, not only a continuous, uninterrupted physical presence upon a private lot or lots, as the case may be, but also any subsequent periods of physical presence, where the two or more incidents of physical presence occur within one hour, or less.
   “DRIVEWAY.” “DRIVEWAYS” may be located as provided in the zoning code and as allowed by building permits and special use permits and variances, as the case may be, and they shall be paved or otherwise surfaced with an all-weather, dustproof material. Further, that part of the driveway connecting with the curb line or edge of the public road surface, to the property line, shall be paved with concrete or asphaltic materials. Further, only that portion of the paved surface which leads directly to a garage, carport, or side-yard, and which is perpendicular to the adjacent roadway shall be considered a “DRIVEWAY.”
   “RECREATIONAL VEHICLES.” Includes, but is not limited to, camper trailers, motor homes, “piggy back,” or pick-up truck bed campers, vendor trailers, storage or utility trailers, off-road vehicles, or any other wheeled vehicle, whether motorized or trailer-mounted, intended for use in the pursuit of a hobby or avocation.
   “WATERCRAFT.” Includes, but is not limited to, motor boats, sail boats, canoes, pontoon boats, house boats, personal water- craft or so-called “jet-skis,” or any other type of boat or ship, including its trailer, if any.
(Ord. 80-0-24, passed 1-12-81; Am. Ord. 2001-0-18, passed 11-12-01; Am. Ord. 2009-O-11, passed 6-22-09)

§ 156.151 MINIMUM DISTANCE AND SETBACKS.

   No part of any parking area for more than ten vehicles shall be closer than 20 feet to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. If on the same lot with a one-family residence, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than four feet to any established street or alley right-of-way.
(Ord. 80-0-24, passed l-12-81) Penalty, see § 156.999

§ 156.152 JOINT USE OF PARKING FACILITIES.

   The joint use of parking facilities may be permitted in cases where parking demands occur on different days of the week or during different hours, provided that parking spaces will be available for each use in accordance with the above standards, and that the owners agree in writing that any subsequent sale or division of the property or change in the use thereof will not interfere with the joint use of the parking facilities.
(Ord. 80-0-24, passed l-12-81)

§ 156.153 WHEEL BLOCKS.

   Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
(Ord. 80-0-24, passed l-12-81)

§ 156.154 WIDTH OF DRIVEWAY AISLES.

   Driveways serving individual parking spaces shall be not less than:
   (A)   Parallel parking, 12 feet one-way, 18 feet two-way;
   (B)   30 degree parking, 16 feet one-way, 18 feet two-way;
   (C)   45 degree parking, 13 feet one-way, 18 feet two-way;
   (D)   60 degree parking, 16 feet one-way, 18 feet two-way;
   (E)   90 degree parking, 23 feet for both one- and two-way aisles.
(Ord. 80-0-24, passed 1-12-81)

§ 156.155 ACCESS.

   Any parking lot shall be designed in such a manner that any vehicle leaving or entering the parking lot from or into a public or private street shall be traveling in a forward motion. Access driveways for parking lots or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.
(Ord. 80-0-24, passed 1-12-81)

§ 156.156 WIDTH OF ACCESS DRIVEWAY.

   The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards. For one-way traffic the minimum width shall be 14 feet except for 45 degree parking, in which case the minimum width of the access road shall be 17 feet. Access roads for two-way traffic shall have a minimum width of 24 feet. Parking areas having more than one aisle or driveway shall have directional signs or markings in each aisle or driveway.
(Ord. 80-0-24, passed 1-12-81)

§ 156.157 PARKING PLAN.

   A plan of parking facilities shall accompany each application for a building permit or occupancy permit. The completion of the improvements for parking according to such plan shall be a prerequisite for the validity of the permits.
(Ord. 80-0-24, passed 1-12-81)

§ 156.158 PARKING SPACE REQUIREMENTS.

Type of Use
Parking Spaces Required
Type of Use
Parking Spaces Required
Single-family dwellings
Two for each dwelling unit.
Two- and Multi- family dwellings
Two for each dwelling unit 1 - 12.
One and three-quarters for each dwelling unit 13 - 24.
One and one-half for each dwelling unit 25 and over.
Except that, if 45 or more parking spaces are required, 25% of the required spaces may be satisfied with on-street parking (city right-of-way) if available; provided that such parking encroaches upon no more than one front yard setback, that the spaces are angle or straight parking, and not parallel, and that they are paved and drained in accordance with city drainage requirements.
Business use
One for each 300 square feet of floor area.
Hotels, rooming houses, clubs, and fraternal homes
One for every two guests guests or sleeping rooms.
Hospitals
One for every two hospital beds plus one for each employee during the maximum work shift.
Tourist homes
One for each transient sleeping room offered for tourist accommodation (in addition to number required for permanent resident of building).
 
Type of Use
Parking Spaces Required
Type of Use
Parking Spaces Required
Tourist courts and motels
One for each lodging unit.
Churches, auditoriums, gymnasiums, stadiums, theaters, and other places of public or private assembly with fixed seats
One for each five seats or bench seating spaces, based on maximum seating capacity.*
Dance halls, bowling alleys, and private clubs
One for each 200 square feet of floor area to be provided on premises or within 300 feet of the entrance.
Funeral homes
One for each five seats in a chapel or parlor plus one space for each vehicle maintained on the premises.
Stores and other retail establishments where such uses are permitted, except in the B-3, Central Business District
One for each 300 square feet of store space, to be provided on the premises or within 200 feet of the entrances and off of the street, except that restaurants or establishments whose primary use is to serve meals and refreshments to patrons shall provide one parking space for each 100 square feet of floor space in the building.
Wholesale and distributing establishments including telephone exchanges
One for each three employees.
Manufacturing establishments
One for each five employees, based on the greatest number of employees at work at one time, to be provided on the premises or at other off-street locations within 1,000 feet of the main entrance.
 
*For the purpose of this type of use, parking spaces already provided to meet off-street parking requirements for stores, office buildings, and industrial establishments, or off-street parking facilities provided by the municipality lying within 250 feet of the place of public assembly as measured along the lines of public access that are not normally in use between the hours of 6:00 p.m. and midnight, and are made available for other parking, may be used to meet up to 75% of the total requirements of parking spaces for places of public assembly.
(Ord. 80-0-24, passed l-12-81; Am. Ord. 95-0-6, passed 7-10-95; Am. Ord. 2007-O-10, passed 7-23-07)

§ 156.159 SPECIAL PERMITS.

   The Board of Appeals may authorize a special permit to allow a parking lot in a Dwelling District for the purpose of meeting the requirements of this section subject to the following limitations:
   (A)   Public notice must be given and a public hearing held by the Board on the request for a special permit in the same manner in which the notice is given and such hearing is held on a request for a variance.
   (B)   Notice must be given by registered mail to all owners of property lying within 250 feet of the land for which the special permit is sought.
   (C)   A special permit shall not be granted unless the application shows and warrants that in the proposed development of the parking area, that front and side yard requirements will be met and maintained.
(Ord. 80-0-24, passed l-12-81)

§ 156.998 VIOLATIONS.

   Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this chapter, shall constitute an offense punishable as provided in this code.
(Ord. 80-0-24, passed l-12-81) Penalty, see § 156.999

§ 156.999 PENALTY.

   (A)   Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this chapter shall be fined not less than $25 nor more than $2,000 for each offense. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 80-0-24, passed l-12-81)
   (B)   Violation of § 156.150 is punishable by a fine of not less than $25 nor more than $500, with each day’s violation constituting a separate offense.
(Ord. 2001-0-18, passed 11-12-01)