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Warren City Zoning Code

ARTICLE IV

E. - ELECTRIC VEHICLE INFRASTRUCTURE; DECLARATION OF LEGISLATIVE INTENT AND PURPOSE

The intent of this ordinance is to facilitate and encourage the use of electric vehicles and to expedite the establishment of convenient, cost-effective electrical vehicle infrastructure that such use necessitates.

Section 4E.01 - General definitions.

For purposes of this ordinance, unless otherwise expressly stated, the following words and phrases shall be defined as follows:

(a)

Accessible electric vehicle charging station means an electric vehicle charging station where the battery charging station is located within accessible reach of a barrier-free access aisle and electric vehicle.

(b)

Battery charging station means an electrical component assemblies or cluster of component assemblies designed specifically to charge batteries within electric vehicles.

(c)

Battery electric vehicle means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's battery, and produces zero emissions or pollution when stationary or operating.

(d)

Charging levels means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2 and 3 are the most common charging levels, and include the following specifications:

(1)

Level 1 is considered slow charging. Voltage includes the range from zero (0) through one hundred twenty (120).

(2)

Level 2 is considered medium charging. Voltage is greater than one hundred twenty (120) and includes voltage up to and including two hundred forty (240).

(3)

Level 3 is considered fast or rapid charging. Voltage is greater than two hundred forty (240).

(e)

Electric vehicle means any vehicle that is licensed and registered for operation on public and private highways, roads, and streets, and is powered either partially or exclusively on electrical energy from the grid or from an off-board source that is stored on-board via a battery for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; and (2) a plug-in hybrid electric vehicle.

(f)

Electric vehicle charging station means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

(h)

Electric vehicle charging station—private restricted use means an electric vehicle charging station that is (1) privately owned with restrictive access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted from public access (e.g., fleet parking with no access to the general public).

(i)

Electric vehicle charging station—public use means an electric vehicle charging station that is (1) publicly owned and publically available (e.g., Park and Ride parking, public library parking lot, on-street parking) or (2) privately owned and available to visitors for use (e.g., shopping center parking).

(j)

Electric vehicle infrastructure means wiring conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations.

(k)

Electric vehicle parking space means any designated parking space with a barrier-free access aisle that identifies the use to be exclusively for the parking of an electric vehicle.

(l)

Non-electric vehicle means any motor vehicle that does not meet the definition of an electric vehicle.

(m)

Plug-in hybrid electric vehicle means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal combustion-driven generator; and (4) has the ability to travel powered by electricity.

(ord. No. 30-1019, § 1, 3-22-16)

Section 4E.02 - Compliance.

It is unlawful to construct or install, or cause to be constructed or installed, any electric vehicle charging station upon any property within the city in violation of the requirements of this article.

(ord. No. 30-1019, § 1, 3-22-16)

Section 4E.03 - Permit required.

It shall be unlawful for any person to construct or erect an electric vehicle charging station upon any property within the city without first having obtained a permit from the Building Division or other designated city division/department. The permit application shall be accompanied by a plot plan prepared by a licensed professional architect, engineer, landscape architect, professional community planner or land surveyor showing the type, size and proposed location of the electric vehicle charging station and payment of the permit fee established by resolution adopted by City Council. The fee shall be based on the existing fee schedule adopted by City Council. The requirement for submission of an official plot plan is not required for properties zoned R-1-A, R-1-B, R-1-C and R-2 when the electric vehicle charging station is located inside a structure. If the electric vehicle charging station is located outside of the structure for properties zoned R-1-A, R-1-B, R-1-C and R-2, a plot plan drawn to scale by the owner, occupant or interested party is required.

(ord. No. 30-1019, § 1, 3-22-16)

Section 4E.04 - Permitted locations.

(a)

Level 1 and Level 2 electric vehicle charging stations are permitted in every zoning district, when accessory to the primary permitted use. Such stations located at single-family, multifamily, and mobile home park dwellings shall be designated as private restricted use only. Installation shall be subject to permit approval administered by the Building Division.

(b)

Level 3 electric vehicle charging stations are permitted in every zoning district except R-1-A, R-1-B, R-1-C, R-1-P and R-2 that is for residential use when accessory to the primary permitted use. Installation shall be subject to permit approval administered by the Building Division.

(c)

If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered a gasoline service station for zoning purposes. Installation shall be located in and subject to approval in zoning districts which permit gasoline service stations.

(ord. No. 30-1019, § 1, 3-22-16)

Section 4E.05 - Residential use in residential district and non-residential development.

(a)

Parking.

(1)

For a newly developed parcel, an electric vehicle charging station space shall be included in the calculation for minimum required parking spaces required in accordance with Section 4.32. For an existing parcel, an approved existing parking space (except an accessible space) may be converted to an electric vehicle parking space without being in violation of the requirements in Section 4.32.

(2)

Public electric vehicle charging stations are reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(b)

Accessible electric vehicle spaces. It is strongly encouraged that the owner of the property provide a minimum of one accessible electric vehicle charging station. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and connected to a barrier-free accessible route of travel. The owner of the property may designate the accessible electric vehicle charging station exclusively for use by people with disabilities.

(c)

Lighting. It is recommended that lighting shall be provided where an electric vehicle charging station is installed, unless charging is for daytime purposes only. Lighting shall not encroach upon abutting properties.

(d)

Equipment standards and protection.

(1)

Battery charging station outlets and connector devices shall be no less than thirty-six (36) inches and no higher than forty-eight (48) inches from the surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located so as not to impede pedestrian travel or create trip hazards on sidewalks.

(2)

Adequate battery charging station protection, such as concrete-filled steel bollards shall be used. Curbing may be used in lieu of bollards if the battery charging station is set back a minimum of twenty-four (24) inches from the face of the curb.

(e)

Usage fees. The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to visitors of the property.

(f)

Signage.

(1)

Information shall be posted identifying voltage and amperage levels and any time of use, fees, or safety information related to the electric vehicle charging station.

(2)

Each electric vehicle charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. For purposes of this subsection, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. Restrictions shall be included on the signage if removal provisions are to be enforced by property owner pursuant to Chapter 37 of the City of Warren Traffic Code and/or the Motor Vehicle Code, MCL 257.1 et seq.

(3)

Design specifications for signage shall be obtained from the Building Division or designated city division/department.

(g)

Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting non-functioning equipment, malfunctioning equipment, or other issues regarding the equipment.

(Ord. No. 30-1019, § 1, 3-22-16; Ord. No. 30-1069, § 1, 1-11-22)