In all zoning districts, off-street parking requirements for the storage and parking of motor vehicles for the use of occupants, employees and patrons of buildings hereafter erected, altered, enlarged or extended, and for changes in use of a property or building, shall be provided as prescribed in this chapter. Such space shall be maintained and shall not be encroached upon so long as the main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformity with this chapter. The determination of the required spaces and the regulation thereof shall be governed by the following regulations:
(a) Area Requirements. For the purpose of this chapter, three-hundred (300) square feet of lot area shall be deemed a parking space for one (1) vehicle, including an access aisle, except that the standard shall be three-hundred twenty-five (325) square feet where parking is perpendicular (ninety (90) degrees) to the access aisle, and except that two-hundred (200) square feet of lot area which has direct means of ingress to and egress from an alley or street may also be deemed a parking space.
(b) Fractional Units. In computing units of measurement to determine the number of required spaces, any fraction up to and including one-half (½) shall be disregarded and fractions over one-half (½) shall require one (1) space.
(c) Loading Spaces. Loading spaces shall not be construed as supplying off-street parking space.
(d) Location of Spaces.
(1) The off-street parking facilities required for single and two (2)-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve and shall consist of a parking strip, parking apron or garage located not closer than three (3) feet from any street lot line. The parking strip or driveway width may not exceed the width of the garage, and not more than one (1) of the required parking spaces may be provided in the required front yard.
(2) The off-street parking facilities required for all other uses shall be located on the lot or on property within three-hundred (300) feet of the permitted use requiring such off-street parking. Such distance shall be measured along lines of public access to the property between the nearest point of the parking facility and the building to be served, provided that the off-street parking facility shall not be separated from the building to be served by a major thoroughfare as designated in the City’s Master Plan or Comprehensive Development Plan.
(e) Similar Uses. In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is mentioned and is similar shall apply, as determined by the Planning Commission.
(f) Existing Spaces. Off-street parking existing on the effective date of this Zoning Code which serves an existing building or use shall not be reduced to a size less than that required under this chapter.
(g) Seating Allocation. In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or similar seating facilities, each twenty-four (24) inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this chapter.
(h) Collective Use of Spaces. Nothing in this chapter shall be construed to prevent collective provisions of off-street parking facilities for two (2) or more buildings or uses, provided that, collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table of off-street parking requirements set forth in Section 1290.02, Number of Spaces Required. The required number of parking spaces for the uses calculated individually may be reduced by up to twenty percent (20%) if a signed agreement is provided by the property owners, and the Planning Commission determines that the peak usage will occur at different periods of the day and there is the potential for a patron to visit two (2) or more uses.
(i) Joint Use of Spaces. Parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums and other places of public assembly, stores, office buildings and industrial establishments lying within five-hundred (500) feet of a church, measured along lines of public access, which theaters, stadiums, etc., are not normally used between 6:00 a.m. and 6:00 p.m. on Sundays and are made available for other parking, may be used to meet not more than seventy-five percent (75%) of the off-street parking requirements of a church. There shall be a written agreement between all parties concerned where this arrangement is permitted.
(j) Irrevocable Use. All required off-street parking spaces shall be stated in an application for a building permit and shall be reserved irrevocably for such use. Required off-street parking spaces 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. The use of required parking spaces for material storage, refuse storage and receptacles, for storage or display of vehicles and/or merchandise, or for vehicle or machinery repair or maintenance, is expressly prohibited.
(k) General Conditions. Except when land is used as storage space in connection with the business of an automotive service center/station or automotive repair center, the time limits for parking in off-street parking areas shall prevail as specified under Section 1290.04, Off-Street Parking A Areas; Residential Districts Adjoining Business or Industrial Districts, paragraphs (b)(10) and (b)(13) hereof. It is the purpose and intention of this subsection that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed or intended to provide, and no person shall permit, the storage or parking on open land of unregistered or unlicenced cars, wrecked or junked cars, or the creation of a junkyard or a nuisance in such area.
(l) Restriction of Parking on Private Property. No person shall park any motor vehicle on any private property, or use such private property as parking space, without the express or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent or trustee of such property. A complaint for a violation of this subsection shall be made by the owner, holder, occupant, lessee, agent or trustee of such property.
(m) Exemptions. All uses located within designated areas containing Municipal off-street parking facilities are exempt from the requirements in this chapter. Exempt parking areas containing such Municipal off-street parking facilities are shown on an illustration entitled “Exempt Parking Areas,” on file in the office of the City Clerk, and more specifically described as follows:
(1) Area A includes all land within an area from a point of beginning at the centerline of Southfield Road and West Electric Avenue northwest to the centerline of O’Connor Avenue; thence northwest to the centerline of Fort Street; thence northeast to the centerline of Euclid Avenue; thence northwest approximately two hundred (200) feet to the centerline of the alley; thence southwest to the centerline of O’Connor Avenue; thence northwest to the alley located approximately three-hundred twenty-five (325) feet from the centerline of Fort Street; thence southwest to the southerly line of Lot 65 of Elmwood Park Subdivision; thence westerly along such line to the centerline of Fort Park Boulevard; thence southwest to the centerline of Southfield Road; thence east-southeast to the point of beginning.
(2) Area B includes the land area formed by Lots 96 through 100, the alley northeast of Lot 112 and Lot 113 in the Lincoln Park Subdivision No. 1; and Lots 116 through 118 in the Main Fort Street Subdivision No. 2.
(3) Area C includes the land area formed by Lots 7 through 12 and Lots 52 through 117 of the Elmwood Manor Subdivision.
(4) Area D includes the land area formed by Lots 257 through 275 of the Washington Park Subdivision; Lots 231 through 234, Lots 292 through 295 and Lots 315 through 327 of the Parkhurst No. 1 Subdivision, including the vacated abutting street; and that portion of Chandler Avenue having been vacated south of London Avenue.
(5) Area E includes the land area formed by Lots 44 through 50 of the Frederick-Roberts-McKenney Realty Company’s Subdivision; Lots 43 through 49 of the Homeville Subdivision; Lots 46 through 52 of the Robinwood Subdivision; and the alley and adjacent parking area north of such described properties for an approximate distance of forty-five (45) feet from the edge of the parcel line.
(6) Area F includes the land area at the point of beginning along Euclid Avenue one hundred forty-three (143) feet; thence southwest seven hundred ninety-five (795) feet more or less to the southerly boundary line of Quandt Park; thence ninety (90) degrees southeast to the centerline of Dix Avenue; thence northeast along the centerline of Dix Avenue to the point of beginning. (Res. 2019-041A. Passed 2-19-19. Eff. 3-6-19.)
(n) Exceeding Number of Spaces Required. In order to minimize excessive areas of pavement which depreciate aesthetic standards and contribute to high rates of stormwater runoff, exceeding the minimum parking space requirements by greater than twenty percent (20%) 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.
(o) Parking Space Deferment. Where an applicant can demonstrate that the required number of parking spaces is excessive, the Planning Commission may approve a lesser number of required parking spaces, provided that an area of sufficient size to meet the parking space requirements of this section is retained as open space, and the applicant agrees to construct the additional parking at the direction of the Planning Commission based on observed usage within six (6) months of being informed of such request in writing by the Building Superintendent. The site plan shall note the area where parking is being deferred, including dimensions and a dotted parking lot layout.
(p) Units of Measurement.
(1) Where floor area is the unit for determining the required number of off-street parking and loading spaces, such unit shall mean the gross floor area (GFA), unless otherwise noted.
(2) Where the floor area measurement is specified as gross leaseable floor area (GLA), parking requirements shall apply to all internal building areas, excluding the floor area used for incidental service and storage, mechanical equipment rooms, heating/cooling systems, lavatories, and similar uses, and other areas not intended for use by the general public. Where these areas are not yet defined, leaseable floor area shall be considered to be eighty-five percent (85%) of the gross floor area.
(3) Where the number of spaces required is based on the number of employees, calculations shall be based upon the maximum number of employees likely to be on the premises during the peak shift.
(Res. 98-340A. Passed 9-21-98.)
(q) Waiver or Modification of Standards for Special Situations. The Planning Commission may reduce or waive the number of off-street parking and/or loading spaces required for a specific use, provided they determine that no good purpose would be served by providing the required number of such spaces. In making such a determination to reduce or waive the requirements for off-street parking and/or loading spaces of this chapter, the following may be considered:
(1) Extent that existing off-street parking and/or loading spaces can effectively accommodate the parking and loading needs of a given use.
(2) 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.
(3) Existing and proposed building placement.
(4) Location and proximity of municipal parking lots and/or public alleys.
(5) Agreements for parking and/or loading spaces with adjacent or nearby property owners.
(Res. 01-427A. Passed 7-2-01.)