§ 34-1327. Off-street parking.

(a)

The definitions of section 1-2 apply to this section.

(b)

All off-street parking facilities shall be located on the same site as the use for which the parking is provided. Parking spaces shall be located so that no spaces are a greater distance than 300 feet closest straight line distance from the building or use for which they are assigned.

(c)

No fewer than four parking spaces shall be provided for any nonresidential use.

(d)

Required yards and setbacks may be used for off-street parking, provided that driveways or aisles and turning spaces shall be located within the lot lines. In computing off-street parking requirements, streets or sidewalk areas shall not be used for off-street parking purposes.

(e)

When off-street parking facilities for any type of building, other than a single-family detached dwelling, are situated beneath a portion of or all of a building, a plan shall be submitted to the village and is subject to site plan review for approval of interior traffic circulations, for parking stall and aisle dimensions, proper traffic control signs and pavement markings for safe and efficient vehicular and pedestrian movements for location of entrances and exits to and from public roads for approval of site distances at corners of intersecting public streets and ways, and/or approval of the effective screening of the motor vehicles located in or on the parking structures from adjoining properties, the same property and public streets.

(f)

Where off-street parking spaces are provided in open areas adjacent to a building or a portion of a building, the parking spaces shall be paved with asphalt or concrete. It shall be unlawful to obstruct or hinder the free use of the parking area.

(g)

For uses other than single-family detached dwellings, parking spaces for the handicapped shall be provided in all required parking areas, lots, garages or other similar facilities as required by applicable and current state statutes.

(h)

At the time a building is erected or when any main building is enlarged by more than 25 percent or increased in capacity by adding dwelling units, guest rooms, floor area, seats or other factors requiring additional parking, minimum off-street parking spaces with adequate provisions for ingress and egress shall be provided in accordance with minimum off-street parking and off-street loading requirements set forth in this division.

(i)

Each parking space or stall shall have appropriate access to a street or alley, and maneuvering and access aisles shall be sufficient to permit motor vehicles to enter and exit the parking area in a forward motion, with the exception of egress from a single-family detached dwelling.

(j)

Each off-street parking area or lot shall be designed with reference to size, street pattern, adjacent properties, buildings and other improvements in the general area; number of motor vehicles to be accommodated; hours; types of use; and any other factors contributing to the uniqueness of its location and design.

(k)

Parking space requirements shall be computed on the basis of the principal use of a building or premises.

(l)

Where several principal uses exist in one building, on one lot or on one site, off-street parking space requirements shall be computed separately for each principal use, unless otherwise stated in section 34-1324.

(m)

A use shall be considered a principal use, for purposes of this section, if it could exist separately from all other uses in the same building or on the same lot, and would, by itself, generate significant parking demand.

(n)

Where a use is located in a shopping center, office building or office-retail complex, the parking space requirements for the respective uses shall apply, except that, where a theater is located in any of such areas or buildings, the off-street parking requirement for theaters shall apply.

(o)

Where several principal uses exist in one building or part of a building and the gross floor area or the gross leasable area, whichever is applicable, of each principal use cannot be clarified, the off-street parking requirement for the use requiring the greatest number of parking spaces shall apply.

(p)

Where the number of required off-street parking spaces as computed includes a fraction, the number of required spaces shall be the computed number rounded up to the next whole number.

(q)

Two or more owners of buildings or uses that require off-street parking facilities may make joint provisions for such facilities, provided that the total of the parking spaces, when combined or used together, shall not be less than the sum of the requirements computed separately. No part of an off-street parking area for any building or use shall be included as a part of an off-street parking area similarly required for another building or use.

(r)

Off-site parking shall not be used to satisfy the off-street parking requirements for restaurants, bars, nightclubs or adult entertainment establishments.

(s)

Off-street parking spaces required by this division for one building or use may be allocated, in whole or in part, for the required parking spaces of another building or use if quantitative evidence is provided showing that parking demand for the different buildings or uses would occur on different days of the week or at different hours. Evidence for joint allocation of required parking spaces shall be submitted to the village for staff review and comment, and approval of the joint allocation of required spaces shall be made by the village council after review and comment of the land development board.

(t)

The following allowed modifications to off-street parking requirements are intended to permit and encourage the reduction of hard-surfaced parking areas so as to retain the maximum permeable soil surface and green area while still providing for adequate parking. It is not the intent of this subsection to define each and every site use where such modifications of off-street parking requirements may be feasible. The village may allow the use of such modifications in any instance where such a modification appears appropriate even though the specific site use may not be cited in the following subsections:

(1)

The use of a grass parking surface shall be permitted on certain site uses where parking is on an irregular, intermittent or part-time basis. The village may allow such modifications of the off-street parking requirements when such modifications appear appropriate, and as long as the use of the grass parking surfaces does not adversely affect the appearance or condition of the site use. Such grass parking surfaces shall conform to appropriate village-adopted construction specifications. All requirements for landscaping off-street parking areas shall be met. Such grass parking surfaces are primarily intended to be allowed for parking associated with places of public assembly, theaters for the performing arts, private clubs, churches, auditoriums, schools and similar uses.

(2)

For certain site uses, it shall be allowed for up to 25 percent of the required parking to be reserved in a grassed area. Such a reserved area shall be identified on the site plan and shall include space for all associated accessways, drives, aisles and landscaping. The reserved area may be used for temporary or overflow parking. All reserved area for temporary or overflow parking shall be designated on the plot it is to serve with a small permanent type sign. A reserved area, used for temporary or overflow parking, shall meet all landscaping requirements for an off-street parking area, except that the percentage for interior landscaping requirements for parking areas may also be used for parking. Conversion of a reserved area to hard-surfaced parking shall require compliance with all landscaping requirements for an off-street parking area. In no instance shall a reserved area be used to satisfy the landscaping requirements for a contiguous hard-surfaced vehicular use area or to satisfy requirements for open space.

(3)

The owner or his agent, if any, shall be jointly and severally responsible for the maintenance of all vehicle use areas, whether standard hard-surfaced or grass. Grass parking areas shall be maintained so as to present a neat appearance to ensure a viable and healthy grass surface. In the event of deterioration of a grass parking surface due to improper or inadequate maintenance or parking use too heavy to allow a healthy grass surface, the village may require the restoration of the grass surface or the hard-surfacing of the area.

(Code 1994, § 30-917; Ord. No. 2007-08, § 8, 4-26-2007; Ord. No. 2010-05, § 17, 4-8-2010; Ord. No. 2011-27, § 6, 12-8-2011)

Cross reference

Definitions generally, § 1-2.