The provisions of this Section shall apply and govern in all zoning districts.

   A.   The duty to provide and maintain off-street parking space shall be the joint and/or separate responsibility of the operator and/or owner of the use and/or land for which such off-street parking space is required to be provided and maintained.

   B.   An absence or deficiency of required parking facilities for any use that is otherwise in conformance with this Title at the effective date of its adoption shall not be construed to render that use a Nonconforming Use; provided:

      1.   The use was in conformance with the parking requirements in effect at the time of the establishment of the use.

      2.   If the use is abandoned or is destroyed or damaged by any means out of the control of the owner to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the cost of restoration of the entire structure new, it shall not be restored unless said structure and the use thereof shall conform to all the regulations of this Title.

      3.   If such land, structures or uses are enlarged, expanded or changed, there shall be provided and maintained, for the increment of expansion only, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure or use established or placed into operation after the effective date of this Title.

   C.   For all uses established or placed into operation after the effective date of this Title, there shall be constructed, provided, preserved and maintained the amount of off-street parking space hereinafter set forth.

   D.   All off-street parking space, whether provided in accordance with the provisions of this Title or in accordance with the provisions of any former ordinance, shall be maintained as hereinafter required. (Ord. 78-40, 5-16-78)

   E.   Parking and loading spaces for all types of uses may be provided either in garages or open parking areas, except as required under Section 10-11-1-6 conforming with the provisions of this Title. (Ord. 90-105, 10-16-90)

   F.   Parking may be with or without charge.

   A.   Same Lot: Off-street parking shall be located on the same lot as the use for which provided, except as otherwise set forth herein:

      1.   In the B-1 Village Center District, either part of all of the required off-street parking space may be located off the lot of the use for which the space is provided, subject to the owner/tenant contributing to the Village Parking Fund funds to be used to provide public off-street parking to service the B-1 District as regulated in Chapter 6.

   B.   Structure: Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements.

   C.   Setbacks: All parking areas shall conform to the applicable requirements for setbacks from lot lines contained in the zoning district in which such parking areas are located.

   D.   Parkway: No parking areas be permitted between the property line and the curbline or edge of the pavement.

   E.   Trucks, Trailers, Boats and Recreational Vehicles: The parking of trucks, trailers, boats and recreational vehicles shall conform to any and all applicable requirements of each zoning district.

The parking space required for two (2) or more uses located on the same lot may be combined and used jointly, provided however:

   A.   Where off-street parking space is combined and used jointly by two (2) or more uses having different standards for determining the amount of off-street parking space required, the parking space shall be adequate in area to provide the sum total of off-street parking space requirements of all such uses.

   B.   Where off-street parking space is combined and used jointly by two (2) or more uses having the same standard for determining the amount of off-street parking space required, all such uses, for the purposes of this Section, shall be considered a single unit and the gross floor area of all such uses in all structures on the same lot or the number of employees of all such uses in all structures on the same lot as fixed by the applicable standard, shall be taken as a single total for the purpose of determining the amount of off-street parking space required.

Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot, and also automobile, vehicle or trailer sales lots, shall be designed, developed and maintained in accordance with the following requirements:

   A.   No parking area shall be used for the repair, dismantling or servicing of any vehicles, equipment, materials or supplies.

   B.   All parking areas shall be graded for proper drainage and provided with an impervious surface maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. (Ord. 78-40, 5-16-78)

   C.   Off-street parking areas shall be screened in accordance with the provisions in Section 10-11A-4D1a. (Ord. 91-26, 4-16-91)

   D.   All parking areas shall be so designed that each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.

   E.   All parking areas shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement.

   F.   All parking areas shall be provided with entrances and exits not less than twelve feet (12') in width and not more than twenty-five feet (25') in width.

   G.   All parking areas shall be provided with wheel guards or bumper guards so located that no parked vehicles will extend beyond the parking space.

   H.   Where hazards exist which can be eliminated or lessened by lighting, the Village Board may require lighting at such hours and in such manner as deemed necessary in the interest of public safety and security. Such lighting facilities shall be arranged and operated so that they neither unreasonably disturb occupants of adjacent properties nor interfere with traffic.

   I.   Each parking area may have not more than one attendant shelter building conforming to all setback requirements for structures in the district in which it is located.

   J.   Each off-street parking space shall have an area of not less than one hundred eighty (180) square feet exclusive of access drives or aisles, and shall be of usable shape and condition. Such space shall have a vertical clearance of at least seven feet (7') and a minimum width of at least nine feet (9').

For purpose of this Section, the following units of measurement shall apply:

   A.   Floor Area: In the case of offices, commercial or service types of uses, "Floor Area" shall mean the gross floor area used or intended to be used by tenants and/or owners or for service to the public as customers, patrons, clients and patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise incidental and accessory to a principal use, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or restrooms, for utilities, or for dressing rooms, fitting or alteration rooms.

   B.   Dwelling Unit: A dwelling unit shall mean one room, or a suite of two (2) or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

   C.   Seat or Bench: A seat shall be the space intended for one individual; in places where patrons or spectators occupy benches, pews or other seating facilities, each twenty inches (20") of such seating facilities shall be counted as one seat.

   D.   Employees: Parking spaces required on an employee basis shall be based on the maximum number of employees on duty and residing on the premises at any one time.

   E.   Fractions: When units of measurement result in the requirement of a fractional space, any fraction shall require one parking space.

Off-street parking spaces shall be provided in accordance with the requirements as hereinafter set forth. (Ord. 78-40, 5-16-78)

 

The Village Board may authorize a modification, reduction or waiver of the foregoing requirements as a Variation, pursuant to the regulations of Chapter 13, if it should find that in the particular case the peculiar nature of the residence, business, trade, industry or other use or the exceptional shape or size of the property or other exceptional situation or condition, would justify such action.

The provisions of this section shall apply and govern in all districts.

Off-street loading space shall be required and maintained in connection with any building or part thereof which is to be occupied by uses requiring the receipt or distribution of materials or merchandise.

   A.   The duty to provide the off-street loading space herein required shall be the joint and/or separate responsibility of the operator and owner of the structure or structures for which off- street loading space is required to be provided.

   B.   An absence or deficiency of required loading facilities for any use that is otherwise in conformance with this ordinance at the effective date of its adoption shall not be construed to render that use a Nonconforming Use; provided:

      1.   The use was in conformance with the loading requirements in effect at the time of the establishment of the use.

      2.   If the use is abandoned or is destroyed or damaged by any means out of the control of the owner to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the cost of restoration of the entire structure, it shall not be restored unless said structure and the use thereof shall conform to all the regulations of this title.

If such land, structures or uses are enlarged, expanded or changed, there shall be provided and maintained, for the increment of expansion only, at least the amount of off street loading space that would be required hereunder, if the increment were a separate land, structure or use established or placed into operation after the effective date of this title.

   C.   For all uses established or placed into operation after the effective date of this title, there shall be constructed, provided, preserved and maintained the amount of off street parking space hereinafter set forth.

   D.   All off street loading space, whether provided in accordance with the provisions of this title or in accordance with the provisions of any former ordinance, shall be maintained as hereinafter required.

   E.   Loading spaces for all types of uses may be provided either in garages or open parking areas conforming with the provisions of this title. (Ord. 78-40, 5-16-1978)

   A.   Located On Same Lot As Structure: Off street loading space shall be located on the same lot as the structure for which it is provided. (Ord. 78-40, 5-16-1978)

   B.   Located In Yards; Exceptions: Off street loading space may be located in any required yard, other than the front yard or corner side yard, provided it conforms with all applicable requirements for screening and setbacks; provided, however, on property which is zoned I-2 EDA overlay district, off street loading space may also be located in the front yard provided that the loading dock is fully enclosed and that there is sufficient depth at the loading dock location to avoid traffic hazards on any adjacent street or, if in the rear yard, exterior off street loading may be permitted with proper screening and landscaping approved by the village zoning administrator. (Ord. 2001-127, 10-2-2001)

   C.   Setbacks: All loading areas shall conform to the applicable requirements for setbacks from lot lines contained in the zoning district in which such loading areas are located.

   D.   Location Near Intersection: No permitted or required loading berth shall be located within thirty five feet (35') of the nearest point of intersection of any two (2) streets.

   E.   Trucks: The parking of trucks as an accessory use, when used in the conduct of a permitted use listed in the commercial, office/research and industrial districts, shall be limited to vehicles of not over one and one-half (11/2) tons' capacity when located within one hundred fifty feet (150') of a residence district boundary line. (Ord. 78-40, 5-16-1978)

Every parcel of land hereafter used for off street loading space shall be designed, developed and maintained in accordance with the following requirements:

   A.   No loading area shall be used for the repair, dismantling or servicing of any vehicles, equipment, materials or supplies.

   B.   Each loading area shall be graded for proper drainage and provided with an impervious surfacing material capable of bearing a line load of two hundred (200) pounds per square foot and shall be maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. (Ord. 78-40, 5-16-1978)

   C.   Off street loading spaces shall be screened in accordance with the provisions in subsection 10-11A-4E1c of this chapter. (Ord. 91-26, 4-16-1991)

   D.   Each loading space shall be provided with entrances and exits not less than twelve feet (12') in width and so designed and located as to minimize traffic congestion.

   E.   Each loading berth shall be so located that no portion of a vehicle shall project into a street or alley while being loaded or unloaded.

   F.   Unless otherwise specified, a required off street loading berth shall be at least twelve feet (12') in width by at least thirty feet (30') in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen feet (14').

   G.   Space allocated to any off street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off street parking facilities or portions thereof.

   H.   Uses for which off street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle, from any adjacent alley, service drive or open space on the same zoning lot. (Ord. 78-40, 5-16-1978)

At least the following amounts of off street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress.

   A.   Residential Uses: Hotels, motels, lodging houses, apartment hotels and multi-family dwellings: For buildings containing ten thousand (10,000) to two hundred thousand (200,000) square feet of floor area, one off street loading berth shall be provided, plus one additional loading berth for each additional two hundred thousand (200,000) square feet of floor area or fraction thereof.

   B.   Commercial Uses:

      1.   Undertaking establishments and funeral parlors: For buildings containing eight thousand (8,000) to one hundred thousand (100,000) square feet of floor area, one loading berth shall be provided, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof.

      2.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof.

         a.   Airports and commercial heliports.

         b.   Amusement establishments.

         c.   Bowling alleys.

         d.   Dance halls.

         e.   Gymnasia.

         f.   Pool halls.

         g.   Skating rinks.

         h.   Swimming pools.

      3.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred fifty thousand (150,000) square feet of floor area, plus one additional loading berth for each additional one hundred fifty thousand (150,000) square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of twenty thousand (20,000) square feet of floor area shall be less than twelve feet in width by sixty-five feet in length (12' x 65').

         a.   Radio and television stations and studios.

         b.   Recording studios.

         c.   Hotels and motels, clubs and lodges (not for profit), containing retail shops, convention halls, auditoriums, exhibition halls, business or professional offices (other than accessory).

      4.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to two hundred thousand (200,000) square feet of floor area, plus one additional loading berth for each additional two hundred thousand (200,000) square feet of floor area or fraction thereof.

         a.   Schools – music, dance, business and trade.

         b.   Theaters, indoors.

      5.   For the uses listed hereunder, one loading berth shall be provided for buildings containing five thousand (5,000) to forty thousand (40,000) square feet of floor area. For buildings containing forty thousand (40,000) to one hundred thousand (100,000) square feet of floor area, two (2) loading berths shall be provided, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of ten thousand (10,000) square feet of floor area shall be not less than twelve feet in width by sixty-five feet in length (12' x 65').

         a.   Cartage and express facilities.

         b.   Mail order houses.

         c.   Printing and publishing.

   C.   Office Uses: For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred thousand (100,00) square feet of floor area; for each additional one hundred thousand (100,000) square feet of floor area up to five hundred thousand (500,000) square feet, one additional loading berth shall be provided, plus one additional loading berth for each additional five hundred thousand (500,000) square feet of floor area or fraction thereof in excess of five hundred thousand (500,000) square feet.

      1.   Banks and financial institutions.

      2.   Medical and dental clinics.

      3.   Offices, business and professional.

      4.   Offices of labor organizations.

   D.   Industrial Uses:

      1.   For the uses listed hereunder, one loading berth shall be provided for buildings containing five thousand (5,000) to forty thousand (40,000) square feet of floor area; for buildings containing forty thousand (40,000) to one hundred thousand (100,000) square feet of floor area, two (2) loading berths shall be provided, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of ten thousand (10,000) square feet of floor area shall not be less than twelve feet in width by sixty-five feet in length (12' x 65').

         a.   Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products.

         b.   Fuels, petroleum, flammable liquids, fats or oils – storage and wholesale distribution.

         c.   Motor freight terminals.

         d.   Storage and warehousing.

      2.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of twenty thousand (20,000) square feet of floor area shall not be less than twelve feet in width by sixty-five feet in length (12' x 65').

         a.   Air, railroad and water freight terminals; railroad switching and classification yards; repair shops and roundhouses.

         b.   Sewage treatment plants, community.

   E.   Schools, Institutions and Places of Assembly:

      1.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of twenty thousand (20,000) square feet of floor area shall be not less than twelve feet in width by sixty-five feet in length (12' x 65').

         a.   Arenas.

         b.   Auditoriums.

         c.   Health and medical institutions.

         d.   Institutions for the care and treatment of alcoholics, drug addict patients, or the insane or feebleminded.

         e.   Nursery schools.

         f.   Penal and correctional institutions.

         g.   Places of assembly.

         h.   Race tracks.

         i.   Stadiums.

      2.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred fifty thousand (150,000) square feet of floor area, plus one additional loading berth for each additional one hundred fifty thousand (150,000) square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of twenty thousand (20,000) square feet of floor area shall be not less than twelve feet in width by sixty- five feet in length (12' x 65').

         a.   Banquet halls.

         b.   Convention halls.

         c.   Exhibition halls.

      3.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to two hundred thousand (200,000) square feet of floor area, plus one additional loading berth for each additional two hundred thousand (200,000) square feet of floor area or fraction thereof.

         a.   Educational and cultural institutions.

         b.   Meeting halls.

         c.   Philanthropic and eleemosynary institutions.

         d.   Religious institutions.

      4.   Recreation Buildings or Community Centers, non commercial: For buildings containing ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, one loading berth shall be provided; for each additional one hundred thousand (100,000) square feet of floor area up to five hundred thousand (500,000) square feet, one additional loading berth shall be provided, plus one additional loading berth for each additional five hundred thousand (500,000) square feet of floor area or fraction thereof in excess of five hundred thousand (500,000) square feet.

   F.   Planned Unit Developments: Loading berths shall be provided on the basis of the required berths for each individual use.

   G.   For any permitted or special use not covered above, loading facilities shall be provided in accordance with the following schedule: