Zoning Ordinance - Article 8

ARTICLE 8

OFF-STREET PARKING, LOADING AND STACKING

Section 8.01. Intent.

The purpose of this Article is to ensure the provision of off-street parking facilities that are sufficient in number, adequately sized and properly designed to meet the range of parking needs and demands that are associated with land uses now in place in the City or with land uses allowed by this Ordinance.

Section 8.02. General Provisions.

1. Where Required. In all zoning districts, off-street parking facilities shall be provided for vehicles of occupants, employees, and patrons of buildings erected, altered, or extended after the effective date of this Ordinance as prescribed below.
2. Existing Off-Street Parking at Effective Date of Ordinance. Off-street parking existing at the effective date of this Ordinance shall not be reduced in size to less than that required under the terms of this Ordinance, unless an equivalent number of spaces is provided elsewhere in conformance with this Ordinance.
3. Required Greenbelt and Setbacks. Off-street parking, including maneuvering or access lanes, stacking spaces, and loading and unloading areas shall not be located within a front greenbelt required by Section 5.18 C. Off-street parking shall be permitted within the required side or rear setbacks, provided that the requirements of 5.18 C are met. (No. 1025, 5-1-07)
   1. Greenbelts shall be landscaped in accordance with Section 5.18 C.
   2. Off-street parking areas shall be landscaped with three (3) trees for every twenty-five (25) parking spaces. These trees shall be spaced throughout the lot and planted so as not to obscure drivers’ or pedestrians’ visibility as they utilize the lot.
4. Parking in public off-street parking areas is prohibited in excess of forty-eight (48) consecutive hours except when land is used as vehicle storage space authorized in connection with a permitted or special land use or in a mixed use development.
   1. 1. It shall be unlawful to store or park a wrecked and/or unlicensed vehicle in any zoning district except as otherwise provided by this Ordinance.
   2. 2. Other than in compliance with the Ferndale Code of Ordinances, it shall be unlawful for any person to park or store any vehicle on any public or private land except in an off-street parking lot, driveway or in a garage. Recreational vehicles must also follow requirements of Section 8.10.
5. Units and Methods of Measurement. For purposes of determining off-street parking requirements under Section 8.04, the following units of measurement shall apply:
   1. Floor Area: Floor area shall mean eighty percent (80%) of the gross floor area.
   2. Occupancy: In stadiums, sports arenas, religious institutions, places of assembly and other uses where parking requirements are determined on the basis of occupancy, the required parking shall be calculated based on the total occupancy load as determined by the fire and/or building code.
   3. Fractional Requirements. When units or measurements determining the number of required parking spaces result in a fractional space, one (1) additional parking space shall be provided.
6. Location of Parking
   1. Single and Two-Family Dwellings. The off-street parking area required for single and two-family dwellings shall be located on the same lot as the dwelling but shall not be considered an off-street parking area under the provisions of this Article. Such parking facilities shall not exceed twenty (20) percent of the lot area and the pavement shall not extend into or include any part of that area enclosed by the front lot line, the front line of the principal building, and the extended side lines of the principal building. One curb cut and approach is permitted per parcel. Front yard circular or horseshoe drives are prohibited.
   2. Multiple-Family Residential. The off-street parking area of multiple-family dwellings shall be located on the same lot or site as the dwellings and shall consist of an off-street parking area as set forth in this Article. Ingress and egress driveways shall be located a minimum of twenty (20) feet from any corner, and shall not be more than twenty-five (25) feet wide. Only one curb cut for each fifty (50) foot of frontage shall be allowed. Driveways shall be located a minimum of fifty (50) feet apart as measured along the property line.
   3. Other Land Uses. The required off-street parking shall be located on the same lot or site as the uses that it is intended to serve, except as provided for in the Collective Parking Provisions.
7. Applicants are encouraged to use sustainable design concepts (LEED). On-site parking areas for bicycles and other alternative modes of transit are encouraged.

Section 8.03 Off-Street Parking Requirements.

1. The number of required off-street parking spaces shall be determined in accordance with the Schedule set forth in Section 8.04. Required parking shall not include space required for loading and unloading or stacking spaces for drive-through facilities.
2. Similar Uses and Requirements. When a use is not specifically mentioned in Section 8.04, the requirements for off-street parking for similar uses shall apply.
3. Where more than one (1) use is located within one building or on a single piece of property, the required parking shall be the sum of the parking required by Section 8.04 for each individual use.
4. Collective/Shared Parking Provisions. Nothing in this Article shall be construed to prevent collective provisions for off-street parking for two (2) or more buildings or uses, provided that:
   1. The total number of spaces provided collectively shall not be less that the sum of spaces required for each separate use as required in Section 8.04 of this Article. However, the Plan Commission may reduce the total number of spaces by up to twenty-five (25%) percent if it determines that the operating hours of the buildings or uses do not overlap.
   2. Written easements which provide for continued use and maintenance of the parking shall be filed with the Oakland County Register of Deeds and the City. Such agreement shall include provisions to address any changes in use or intensity.
   3. Whenever the use of a building or lot is changed, parking facilities shall be provided as required in Section 8.04 and reviewed by the Plan Commission.
   4. Any area designated as required off-street parking shall not be changed to any other use unless and until equal facilities meeting the standards of this Article are provided.
   5. The collective off-street parking shall not be located farther than five hundred (500) feet from the building or use being served.
5. CBD Parking Exemption. Buildings and uses located within the CBD Zoning District shall be exempt from providing off-street parking, loading and unloading areas and stacking spaces, except as required in the Residential Overlay District, Section 4.16. New buildings must provide parking in compliance with Article 8. In no case shall a building or use in the CBD be expanded to remove off-street parking, loading and unloading areas and stacking spaces in existence on the effective date of this Ordinance, unless an equivalent number of spaces is provided within five hundred (500) feet. (No. 1017, 12-11-06)
6. A site plan shall be prepared and approved in accordance with Section 3.03 or 3.04 prior to construction of any off-street parking area.
7. All off-street parking areas, driveways, loading and unloading areas and stacking spaces shall be hard-surfaced with materials such as asphalt, brick pavers or concrete.
8. Illumination for parking facilities. The design and/or screening of any non-residential development shall insure that glare from uses and vehicle headlights is not directed into any adjacent property, particularly residential property.
9. Adequate ingress and egress to all off-street parking areas shall be provided by means of limited and clearly defined driveways. Ingress and egress driveways shall be located a minimum of twenty (20) feet from any corner, and shall not be more than twenty-five (25) feet wide. Driveways shall be located a minimum of fifty (50) feet apart as measured along the property line. Only one curb cut for each fifty (50) foot of frontage shall be allowed.
10. To prevent encroaching upon sidewalks or pedestrian walkways or damaging required landscaping or screening walls, curbing shall be provided. The use of bumper or wheel blocks is discouraged. No portion of a parking space and/or aisle shall obstruct or encroach upon a public sidewalk.
11. Payment in lieu of providing off-street parking in the CBD Zoning District. In lieu of physically providing some or all of the off-street parking spaces required by Section 8.03 E, City Council may permit an applicant to pay a one-time fee to the City of Ferndale in lieu of one or more of the required parking spaces upon a finding and determination by Council. City Council shall take into account the current inventory of public parking and future needs of CBD parking, the plan for parking by the applicant necessitated by cash payments in lieu of parking, and the amount of cash which shall be contribute in lieu of parking, considering the benefit to the public and to private owners from such parking which would subsequently be provided by the City. In implementing such policy, City Council shall assure that the future needs for parking in the CBD shall be adequately met by such cash payments in lieu of parking. Council may approve, deny, or approve in part an application to provide payment in lieu of off-street parking.

The one-time fee shall be established and reviewed annually by Council for the cost of constructing a new off-street parking space in a municipal facility factoring in the cost of land acquisition, the cost of engineering, financing and constructing the facility, and other appropriate considerations. The number of parking spaces subject to the payment in lieu of parking provision shall be based on a determination of parking spaces satisfying the parking regulations of Section 8.07.

Payments and fees collected and interest earned under the provisions of Section K shall be placed in a fund, established by City Council to be used for acquisition, development, and maintenance of municipally owned or leased off-street parking facilities for the benefit of the CBD zoning district.

The City Clerk shall maintain records of the fees and parcels involved together with any additional records required or necessary to administer this program. (No. 1058, 10-6-08)

Section 8.04 Table of Off-Street Parking Requirements.

The number of required off-street parking spaces shall be determined in accordance with the following table:

Required No. of Parking Spaces

Use Per Each Unit of Measurement as Follows:

1. Residential Uses.
   1. Single- or Two-Family Dwelling 2 Per dwelling unit
   2. Multiple-Family Dwelling 1.5 Per dwelling, plus 1 for every 10 dwelling units
   3. Senior Housing 1 Per dwelling unit
2. Institutional Uses.
   1. Assisted Living Facilities 1 Per employee per shift, plus 1 for every 10 dwelling units
   2. Cemeteries 2 Per employee per shift
   3. Day Care Centers 1 Per employee per shift, plus, 1 For every 10 students
   4. Adult Foster Care Facilities 1 For every 2 occupants
   5. Hospitals 1 For every 4 beds
   6. Libraries and Museums 1 For every 300 sq. ft. of floor area, excluding area devoted to stacks or archival storage
   7. Other Publicly Owned Buildings 1 For every 200 sq. ft. of floor area
   8. Private and Service Clubs 1 For every 2 occupants
   9. Religious Institutions 1 For every 3 occupants
   10. Schools – nursery, elementary or junior high 1 Per employee, plus 1 Per 100 students, plus
   11. Schools - senior high, adult ed, business 1 Per employee, plus or technical 1 Per 10 students, plus 1 Per 100 students
3. General Commercial Uses.
   1. Barber and Beauty Shops 3 Per stylist chair
   2. Bars, Lounges and Night Clubs 1 For every 2 occupants
   3. Convenience Stores 1 For every 200 sq. ft. of floor area
   4. Dry Cleaning Facilities 1 For every 300 sq. ft. of floor area
   5. Florist Shops 1 For every 300 sq. ft. of floor area
   6. Funeral Homes or Mortuaries 1 For every 100 sq. ft. of viewing area
   7. Grocery Stores 1 For every 300 sq. ft. of floor area
   8. Laundromats 1 For every 2 washing machines plus 1 For every employee per shift
   9. Lodging Facilities 1 For every guest bedroom
   10. Retail Sales, indoor or outdoor, with 1 For every 300 sq. ft. of floor area or without drive-through facilities
   11. Retail Sales over 40,000 sq. ft. 1 For every 250 sq. ft. of floor area
   12. Restaurants 1 For every 2 occupants
   13. Service and Repair Establishments Shops of Trades, Caterers or Decorators  1 For every 800 sq. ft. of floor area
   14. Video Stores and Rental Establishments 1 For every 400 sq. ft. of floor area
   15. Wholesale Stores 1 For every 1000 sq. ft. of floor area
4. Automotive Uses
   1. Automotive Filling, Service Stations, 1 For every service stall plus Washes or Minor Repair 1 for each service vehicle
   2. Collision, Bump Shops or Automotive Major Repair 2 For every service stall
   3. Vehicle Sales 1 For every 500 sq. ft. of showroom floor area plus 1 for every service stall
5. Office Uses
   1. Banks and Credit Unions 1 For every 300 sq. ft. of floor area
   2. Business and Professional Offices 1 For every 300 sq. ft. of floor area
   3. Medical and Dental Offices 1 For every 150 sq. ft. of floor area
   4. Radio and Television Studios 1 For every 500 sq. ft. of floor area
   5. Veterinary Offices and Veterinary Hospitals including Groomers 1 For every 300 sq. ft. of floor area
6. Recreational Uses
   1. Amusement Arcade 1 For every 4 occupants
   2. Billiard and Pool Halls 1 For every 3 occupants
   3. Bowling Alleys 3 Per bowling lane
   4. Health and Fitness Clubs 1 For every 200 sq. ft. of floor area
   5. Miniature Golf 2 For every hole
   6. Music, Art, Crafts and similar Studios 1 For every 2 occupants
   7. Roller and Ice Skating Rinks and Indoor Court Game Facilities 1 For every 4 occupants
   8. Theaters 1 For every 3 occupants
7. Industrial Uses
   1. Contractors’ Establishments 1 For every 300 sq. ft. of office area plus either 1 For every 1000 sq. ft. of shop/ storage area (exterior or interior), or 1 Per employee at maximum shift capacity
   2. Manufacturing, Processing and 1 For every 300 sq. ft. of office area plus either Assembly, and Reuse Facilities 1 For every 1000 sq. ft. of shop/storage area, or 1 Per employee at maximum shift capacity
   3. Recycling Facilities 1 For every 300 sq. ft. of office area plus either 1 For every 1000 sq. ft. of shop/storage area, or 1 Per employee at maximum shift capacity
   4. Metal and Wood Fabrication and Tool and Die Shops 1 For every 300 sq. ft. of office area plus either  1 For every 1000 sq. ft. of shop/storage area, or 1 Per employee at maximum shift capacity
   5. Research, Design and Testing Centers or Labs 1 For every 300 sq. ft. of office area, plus 1 For every 1000 sq. ft. of lab/storage area, or 1 Per employee at maximum shift capacity
   6. Single-level, Vehicle-Accessible Self-Storage Facilities1 For every 100 leaseable spaces
   7. Multi-level Self-Storage Facilities 1 For every 100 leaseable spaces
   8. Vehicle Storage Facilities 1 For every 100 leaseable spaces
   9. Warehouses, Distribution Centers and Freight Yards1 For every 300 sq. ft. of office area, plus 1 For every 2000 sq. ft. of shop/storage area, or 1 Per employee at maximum shift capacity

Section 8.05. Barrier Free Parking Requirements.

Off-street barrier free parking shall be provided in accordance with applicable State and Federal requirements.

Section 8.06 Parking Structures.

1. Parking structures shall only be permitted as a special land use in the C-2, C-3, CBD, M-1 and M-2 Districts. Parking structures in the C Districts shall be secondary to street level commercial frontage.
2. The height of any parking structure shall not exceed forty-five (45) feet to the top of the parapet wall. However, the height of any parking structure immediately adjacent to a residentially zoned district shall not exceed the maximum height allowed in that R zoning district unless any construction over two stories is stepped back from the property line one foot for every foot it exceeds that height.
3. Lighting shall be provided in compliance with the Environmental Performance Standards Ordinance.
4. Traffic circulation shall be designed to insure that no automobile need enter a public street in order to progress from one aisle to another within the same structure, and that no
5. automobile need enter a public street backwards in order to leave the structure. Clear signs or pavement markings shall be provided to indicate traffic circulation.
6. The front setback area shall be landscaped in accordance with Section 5.18.

Section 8.07 Parking Design.

Unless otherwise stated, off-street parking facilities and parking structures shall comply with the following standards:

1. All parking spaces shall be clearly marked by the use of double striping.
2. The layout and striping of off-street parking facilities and parking structures shall be in accordance with the following minimum regulations:

3. Off street parking areas shall be landscaped in accordance with Section 8.02 C. Any end islands shall also comply with Section 5.29 and ASHTO standards, as amended.
4. Up to twenty (20%) percent of the parking spaces may be designated as small car spaces which shall be at least eight (8) feet wide and sixteen (16) feet long and clearly signed "For Small Cars Only."

Section 8.08 Off-Street Loading and Unloading Requirements.

1. Adequate space for loading and unloading shall be provided on the same lot as any building erected or altered for any use which involves receiving trucks, delivery vehicles, material, or merchandise, and whenever else it is required by this Ordinance.
2. Loading and unloading areas, unless completely and adequately provided for within a building, shall measure no less than ten (10) feet by fifty (50) feet, with fourteen (14) foot height clearance, and shall be provided in accordance with the following:

Office Uses

3. Required Greenbelts, Setbacks, and Screening.
   1. Off-street loading and unloading and stacking spaces, including maneuvering lanes, shall not be located within the front greenbelt or yard. Off-street loading and unloading shall be permitted within the required side or rear setbacks, provided that a minimum of ten (10) foot setback is maintained between off-street loading and unloading and the abutting side and rear lot lines.
   2. Off-street loading and unloading which abuts residentially zoned or used property shall be screened in accordance with Section 5.18.
4. Double Count. Off-Street loading and unloading spaces shall not be counted as off-street parking spaces nor stacking spaces nor shall they conflict with the maneuvering lanes required to access off-street parking areas.

Section 8.09 Off-Street Stacking Space for Drive-Through Facilities.

All businesses which provide drive-through facilities for serving customers in their automobiles shall provide adequate off-street stacking spaces and lanes which meet the following requirements:

1. Each stacking space shall measure nine (9) feet in width and twenty (20) feet in length. Each drive-through lane shall be a minimum of twelve (12) feet in width.
2. Clear identification and delineation between the drive-through lanes and stacking spaces and off-street parking areas shall be provided. Drive-through facilities shall be designed in a manner which promotes pedestrian and vehicular safety. Driveways, maneuvering lanes and pedestrian walkways shall not intersect stacking spaces and lanes.
3. For all drive-through facilities which have a single stacking lane, an escape lane shall be provided to allow other vehicles to pass those waiting to be served.
4. Public streets, alleys and sidewalks shall not be used as stacking spaces.
5. The number of stacking spaces required per service lane shall be determined in accordance with the table below. When a use is not specifically mentioned, the requirements for a similar use shall apply.

Section 8.10 Outdoor Vehicle Storage.

Commercial vehicle storage facilities must comply with Section 5.25. All other vehicle storage must comply with the following standards:

1. In all districts, no commercial vehicle or power driven construction equipment shall be parked or stored outdoors for a period of more than forty-eight (48) hours except in an off-street loading and unloading area as defined in Section 8.08 or in an approved outdoor vehicle storage facility in compliance with Section 5.28. These requirements shall not apply to contractors’ storage yards as provided by Section 5.10, nor to contractors’ trailers and equipment situated on a construction site, provided that a temporary permit, renewable every ninety (90) days, shall first be obtained from the Director. Contractors’ trailers must be removed within sixty (60) days after the issuance of the Certificate of Occupancy.
2. Storage or parking of any vehicle, machinery, or equipment shall not be permitted on vacant lots or parcels. Except as otherwise permitted by this Ordinance, junk vehicles, machinery, or equipment may not be parked or stored outdoors at any time.
3. In all Residential Districts, a recreational vehicle may be parked or stored subject to the following conditions:
   1. No recreational vehicle parked or stored on single-family residential property shall exceed thirty (30) feet in length or ten (10) feet in width.
   2. Recreational vehicles, other than motor homes, may be parked or stored within the side or rear yard, but no closer than three (3) feet from any side or rear lot line.
   3. Recreational vehicles must be parked or stored on a hard-surface consisting of asphalt, concrete or other material approved by the Building Inspector.
   4. No recreational vehicle shall have fixed connections to electricity, water, gas or sanitary sewer facilities. Temporary connections for recharging batteries and filling water tanks shall be permitted.
   5. All recreational vehicles must be kept in good repair and carry a current license and registration.
   6. No recreational vehicle shall be parked on a public street, alley, or right-of-way, except as required for loading and unloading purposes for no more than twenty-four (24) hours.
   7. Outdoor parking or storage of no more than two (2) recreational vehicles, other than motor homes, is permitted on a single or two-family residential lot. No recreational vehicle may be parked or stored outdoors in the R-3 and R-4 Districts.
   8. Motor homes may be parked on a single or two family lot for a maximum of two (2) weeks in any six (6) month period. During that period only, a motor or mobile home may be occupied and temporarily connected to electricity.