§ 34-1336. Off-site parking.

(a)

General.

(1)

Off-site parking is permitted only in nonresidential zoning districts and shall not be allowed to count for required parking or off-street parking.

(2)

The approval of off-site parking shall be in conjunction with a site plan approval, or as a modification to an existing site plan approval.

(b)

Requirements for off-site parking.

(1)

The village may allow excess parking to be provided off-site. Off-site parking may be allowed only within a radius of 300 feet of the subject site (unless a greater distance is approved by the village council), provided that the proposed location of the off-site parking is zoned to permit such parking, as parking is not allowed as a standalone use by Code.

(2)

The owner of a property who proposes to use off-site parking shall prepare a written off-site parking agreement between the owner of the subject property and the owner of the site with the off-site parking. This agreement shall specify the terms of the off-site parking. The off-site parking agreement shall be subject to the approval of the village attorney before it is submitted to the village council or staff for its consideration. The owner who has applied for off-site parking shall be responsible for recording the off-site parking agreement in the county's official records and providing copies of the agreement with the recording information on it to all parties to the off-site parking agreement. At a minimum, the agreement shall:

a.

List the names and ownership interest of all parties to the agreement and contain the signature of those parties.

b.

Provide a survey and legal description of the property.

c.

Include a site plan showing the area of off-site parking.

d.

Describe the area of off-site parking, reserve it for such use, and leave it unencumbered by any conditions which would interfere with that use.

e.

Agree and expressly declare the intent of the covenant to run with the land and bind all successors in interest to the covenant.

f.

Describe the obligations of each party.

e.

Be made part of the site plan approval for the subject property.

g.

Describe the manner in which the agreement may be revised.

(3)

A paved sidewalk or other access way shall be provided from the off-site parking to the property for which it is approved, unless the village council approves a site plan where, based on the location of the property and the off-site parking area, the council does not require it. Such sidewalk or access way may be required to have pedestrian crosswalk flashers and/or pavement-embedded detectors (crosswalk nubs) as applicable for the conditions and location and as required by the village planning zoning and building director.

(4)

Signage that complies with the village's sign regulations shall be provided to indicate the location of all off-site parking.

(5)

All properties utilized for off-site parking must comply with the Village's Code as well as any other regulatory authority requirements regarding the construction, maintenance and use of such parking areas.

(Ord. No. 2017-28, § 3, 12-14-2017)