[Ord. No. 1393, 7-21-2004; amended 11-20-2013 by Ord. No. 1619; 2-4-2015 by Ord. No. 1645; 11-7-2018 by Ord. No. 1752; 12-4-2019 by Ord. No. 1777; 8-18-2021 by Ord. No. 1799; 12-7-2022 by Ord. No. 1833]
(a)
Except when necessary to avoid conflict with other traffic or in
compliance with law or the directions of a police officer or traffic-control
device, a person shall not stop, stand or park a vehicle in any of
the following places:
(1)
At any place where official signs prohibit stopping, standing
or parking.
(2)
In any place where the parked vehicle would significantly impede
or obstruct United States mail delivery, street cleaning, plowing,
maintenance, waste removal, or similar municipal functions.
(3)
Between the sidewalk lines of any street between the hours of
2:00 a.m. and 5:00 a.m. of any day; except that this prohibition shall
not apply to physicians, ambulance drivers or undertakers on emergency
calls.
(b)
Notwithstanding Subsection (a)(3), currently licensed and operable
one- to twelve-passenger motor vehicles, motorcycles and trucks not
exceeding two tons in carrying capacity may park between the sidewalk
lines of any street between 2:00 a.m. and 5:00 a.m. on any day from
May 15 through October 15, provided that:
(1)
There shall be no parking during such hours of trailers or nonmotorized
recreational vehicles (whether or not attached to a passenger vehicle
or truck) between the sidewalk lines of any street.
(2)
There shall be no parking during such hours between the sidewalk
lines on the following streets:
a.
6th Street from River Avenue to Columbia Avenue;
b.
7th Street and 8th Street from Lincoln Avenue to Maple Avenue;
c.
9th Street from Lincoln Avenue to Pine Avenue;
d.
10th Street from Pine Avenue to Lincoln Avenue;
e.
Pine Avenue and Lincoln Avenue from 7th Street to 10th Street;
f.
River Avenue, Central Avenue, College Avenue and Columbia Avenue
from 6th Street to 10th Street;
g.
Maple Avenue from 7th Street to 8th Street; and
h.
Washington Avenue from 18th Street to 19th Street.
(3)
There shall be no parking during such hours in a manner that
impedes the flow of traffic or where official signs prohibit stopping,
standing or parking.
(4)
There shall be no parking on sidewalks or between sidewalks
and curbs.
(5)
Vehicles may remain parked between sidewalk lines of a public
street (other than between a sidewalk and curb), in the same spot,
for up to 48 hours. Any vehicle identified as exceeding this time
limit shall be deemed an abandoned vehicle and may be given notice
and thereafter removed as an abandoned vehicle under the Michigan
Vehicle Code, MCLA § 257.252 to 257.252m, as amended from
time to time.
(c)
Notwithstanding Subsection (a)(3), year-around overnight parallel
parking in a paved parkway located in the right-of-way is permitted
to the extent allowed under a revocable license agreement approved
by the City Council.
(1)
Definition and intent. "Paved parkway" is defined as the area
between a street curbline and the adjacent sidewalk where off-street
parking has been approved. The intent of the paved parkway is to provide
additional off-street parking for multifamily housing of four units
or more when ample parking is not already provided off street. The
purpose is to minimize the need to construct surface lots as infill
dense housing occurs.
(2)
Eligibility to apply for revocable license agreement.
a.
The licensee owns property abutting the proposed paved parkway(s);
b.
The licensee's abutting property is used for multifamily
residential of four units or more;
c.
The licensee demonstrates a need for additional parking beyond
what is available on site;
d.
The paved parkway area is at least 10 feet wide between the
edge of the road and the sidewalk;
e.
The length of the paved parkway area is at least 40 feet long
along the edge nearest the right-of-way line;
f.
The paved parkway is set back at least 10 feet from the right-of-way
line of a street intersecting the street upon which the paved parkway
is being proposed;
g.
The City's Traffic Committee recommends approval to City
Council;
h.
Properties zoned in the ED, Education, and F-CDT, F-NDT, F-EDT,
shall not be eligible for paved parkways.
(3)
Construction and maintenance requirements.
a.
The licensee will construct and maintain the paved parkway(s),
at their cost, based on specifications approved by the City's
Department of Transportation Services;
b.
The paved parkway(s) shall be constructed with a width of eight
feet inclusive of a two-foot-wide gutter pan and shall be at least
40 feet in length;
c.
A six-inch-wide curb head shall be constructed on the inside
(sidewalk side) and ends of the paved parkway;
d.
At least two feet of greenspace shall be located between the
paved parkway curb and the edge of the sidewalk;
e.
Additions and modifications to the storm sewer system shall
be made, at the licensee's cost, as determined appropriate by
the City Engineer;
f.
The City may allow the paved parkway(s) to be built with pervious
brick pavers where conditions and underlying soils support this approach;
g.
Signs shall be installed and maintained per Street Department
requirements;
h.
Tree removals shall be minimized. If trees are relocated or
replaced, the relocated or new trees shall be located and planted
per direction of the Community and Neighborhood Services Department
and the Parks and Recreation Department. The location may be in a
nearby area of the city if space is limited in the immediate area;
i.
The licensee will be solely responsible for the cost to maintain,
repair, replace or remove all or parts of the paved parkway(s) (including
the costs of such work resulting from public projects) as needed and
as determined by the City.
(4)
Revocable license agreement content and requirements.
a.
The revocable license agreement shall be recorded with the County
Register of Deeds before it takes effect and shall include the requirements
of Subsection (c)(3) and this Subsection (c)(4) and shall be in a
form approved by the City Attorney;
b.
The City of Holland will not be responsible for parking enforcement
in the paved parkway(s);
c.
The City of Holland will not be responsible for snow plowing
the paved parkway(s); licensee or its residents are responsible for
snow removal (including accumulation of snow left by City snow plows
plowing the travel lanes) keeping the paved parkway clean, and removal
of any accumulation that might interfere with corner visibility;
d.
The City of Holland will not be responsible for street sweeping
the paved parkway(s);
e.
Parkway paving shall not block or interfere with vehicular travel
lanes; vehicles blocking or interfering with bicycle or vehicular
travel lanes may be ticketed or towed by the City;
f.
The licensee shall provide a satisfactory certificate of insurance
and endorsements to evidence liability insurance to cover claims relating
to the use and condition of the paved parkway(s) listing the City
and its officials, officers, employees and agents as additional insureds
and include a waiver of subrogation against the additional insureds;
g.
On an interim basis, the City may, at its sole discretion, utilize
or restrict use of a paved parkway for whatever public purpose as
may be necessary, including but not limited to temporary signage,
utility work, and events;
h.
The revocable license agreement may be revoked, without compensation
to the licensee, by the City if:
1.
The City of Holland determines that it needs to access or otherwise
use the paved parkway(s);
2.
The City determines that there are repeated violations or failure to comply with this Subsection 18-27(c) or the revocable license agreement;
3.
The City determines that it should revoke the revocable license
agreement to protect or promote the health, safety, and welfare of
persons in the City or for other reasons.
i.
If the revocable license agreement is revoked, the applicant
shall be responsible for all costs associated with removal of the
paved parkway and restoration of the area; and
[Ord. No. 1393, 7-21-2004]
(a)
Parking forbidden between curb and sidewalk; exception. Except by
explicit written approval of the City Council, no person shall park
a vehicle upon any portion of the public right-of-way lying between
the sidewalk line and the curb bordering the traveled portion of a
street.
(b)
Parking between uncurbed street and sidewalk; when permitted. Where
any street is lacking a curb, off-street parking is permissible on
the public right-of-way provided that the parked vehicle:
(c)
Parking between uncurbed street and edge of public right-of-way where
there is no sidewalk, where permitted. Where any street is lacking
a curb and there is no existing sidewalk on the public right-of-way,
off-street parking is permissible on the public right-of-way provided
that the parked vehicle:
[Ord. No. 1393, 7-21-2004]
(a)
Definitions. [For the purposes of this section the following definitions
shall apply:]
(1)
FRONT YARD — An open, unoccupied space on the same lot
with a building or used for residential purposes, between the line
of the building facing a street (excluding steps and unenclosed porches)
and the street line, extending for the full width of the lot. On a
corner lot, each yard adjoining a street shall be considered a front
yard.
(2)
ESTABLISHED DRIVEWAY OR PARKING SPACE — A driveway or
parking space, or both, that existed before 1973 or was installed
by right or by variance after 1973 and was used as a driveway or parking
space until August 18, 1999.
(b)
Prohibitions. A person shall not park a vehicle on a front yard of
a lot used for residential purposes, except on a finished surface
of asphalt, concrete, pavers, or similar durable material approved
by the City, or on an established driveway or parking space.
[Ord. No. 1393, 7-21-2004]
A police officer or other enforcing officer of the City of Holland may enter upon the front or side yard of any private property used for residential purposes within the City of Holland for the limited purpose of investigating and ticketing any vehicle when the officer has reasonable cause to believe that the vehicle is parked in violation of Section 18-28 or 18-29.
