Hawthorn Woods City Zoning Code

The purpose of this chapter is to alleviate or prevent the congestion of the public streets, and so promote the safety and welfare of the public by establishing minimum requirements for the off street parking and loading and unloading of motor vehicles in accordance with the use to which property is put. (Ord. 381-87, 6-9-1987)

   A.   Scope Of Regulations: The off street parking and loading provisions of this title shall apply as follows:

      1.   Applicability: For all buildings and structures erected and all uses of land established after the effective date of this title, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this title, and provided that construction is begun within one year of such effective date, and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided.

      2.   Intensity Of Use Increased:

         a.   When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking or loading facilities, parking and loading facilities are required herein shall be provided for such increase in intensity of use.

         b.   However, no building or structure lawfully erected or use lawfully established prior to the effective date of this title shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement existing upon the effective date of this title, in which event parking or loading facilities as required herein shall be provided for the total increase.

      3.   Change Of Existing Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date of this title, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this title.

   B.   Existing Parking And Loading Facilities: Accessory off street parking or loading facilities which are located on the same lot as the building or use served which were in existence on the effective date of this title or were provided voluntarily after such effective date shall not hereafter be reduced below or if already less than, shall not further be reduced below the requirements of this title for a similar new building or use.

   C.   Permissive Parking And Loading Facilities: Nothing in this title shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings; provided, that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.

   D.   Damage Or Destruction: For any conforming or legally nonconforming building or use which is in existence on the effective date of this title, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this title for equivalent new uses or construction.

   E.   Control Of Off Site Parking Facilities: When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No off site parking lot shall change ownership from that of the zoning lot on which the building or use served by such facility is located. No such off site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Plan Commission 1 has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off site parking facilities will be maintained at all times during the life of the proposed use or building. (Ord. 381-87, 6-9-1987)

   F.   Submission Of Plot Plan: Any application for a building permit or for an occupancy certificate shall include therewith a plot plan (drawn to scale and fully dimensioned) showing any parking or loading facilities to be provided in compliance with this title. (Ord. 1190-06, 11-20-2006)

   A.   Use Of Parking Facilities: Off street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this chapter shall be used for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guest of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.

   B.   Joint Parking Facilities: Off street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use.

   C.   Computation: When determination of the number of off street parking spaces required by this title results in a requirement of a fractional space, any fraction shall be counted as one parking space.

   D.   Size: A required off street parking space shall be at least nine feet (9') in width and at least twenty feet (20') in length, exclusive of access drives or aisles, ramps, columns of office or work areas. Such space shall have a vertical clearance of at least seven feet (7'). (Ord. 381-87, 6-9-1987)

   E.   Access: 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. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. No non-residential driveway across public property or curb cut shall exceed a width of thirty feet (30'). (Ord. 1824-18, 3-26-2018)

   F.   In Yards: Off street parking spaces may be located in any yard except required front yards, but shall not be closer than seven feet (7') to the lot line.

   G.   In Parkways: No person shall park, deposit, leave or store any motor vehicle or tangible personal property of any type or description at any time between the sidewalk line and curb line at any place within the Village.

   H.   Design And Maintenance:

      1.   Open And Enclosed Parking Spaces: Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use.

      2.   Surfacing: All open off street parking areas and driveways in residential areas may be improved with a compacted stone or some comparable all weather dustless material not less than four inches (4") thick. All other parking lots and drives shall be constructed in accordance with street specifications as outlined in the village subdivision ordinance 1 .

      3.   Screening And Landscaping: All open automobile parking areas containing more than five (5) parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a densely planted compact hedge. Such required screening shall conform with the front and side yard setback requirements of the district in which the parking is located.

      4.   Lighting: Any lighting used to illuminate off street parking areas shall be in accordance with the provisions outlined in Section 9-19.

      5.   Signs: Accessory signs are permitted on parking areas.

      6.   Repair And Service: No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off street parking facilities provided in a residence district.

   I.   Sale Of Gasoline Or Oil Prohibited: The sale of gasoline and motor oil in conjunction with accessory off street parking facilities is not permitted in any residence district. (Ord. 381-87, 6-9-1987; amd. Ord. 1965-19, 9-23-2019)

The location of off street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served.

   A.   For uses in a residence district: Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from, the zoning lot occupied by the use served, but in no case at a distance in excess of three hundred feet (300') from such use.

   B.   For uses in business and industrial district: All required parking spaces shall be within one thousand feet (1,000') of the use served, except for spaces accessory to dwelling units, which shall be within three hundred feet (300') of the use served. However, no parking spaces accessory to a use in a business or industrial district shall be located in a residence district. (Ord. 381-87, 6-9-1987)

   A.   Residential uses, as follows:

      1.   One-family dwellings and two-family dwellings: Two (2) parking spaces shall be provided for each dwelling unit.

      2.   Multiple-family dwellings (including apartment-hotels): Two (2) parking spaces shall be provided for every dwelling unit. For lodging rooms located in an apartment hotel, one parking space shall be provided for each lodging room.

      3.   Motels, inns and auto courts: One parking space shall be provided for each guest or sleeping room or suite, plus one additional space for the owner or manager and employees.

      4.   Hotels: One parking space for each dwelling unit and one parking space for each lodging room shall be provided.

   B.   Retail and service uses, as follows: (Ord. 381-87, 6-9-1987)

      1.   Retail stores and banks: One parking space shall be provided for each two hundred (200) square feet of floor area. (Ord. 1398-12, 6-18-2012)

      2.   Automobile service stations: One parking space shall be provided for each two (2) employees.

      3.   Automobile laundry: Twenty (20) stacking spaces shall be provided for each wash rack, plus one parking space for each four (4) employees.

      4.   Bowling alleys: Three (3) parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated uses – bars, restaurants and the like.

      5.   Establishments dispensing food or beverages for consumption on the premises: One parking space shall be provided for each three hundred (300) square feet of floor area or one space for every three (3) seats and three (3) employees, whichever is greater.

      6.   Furniture and appliance stores, household equipment or furniture repair shops: One parking space shall be provided for each six hundred (600) square feet of floor area.

      7.   Motor vehicle sales and machinery sales: One parking space shall be provided for each three hundred (300) square feet of floor area.

      8.   Theaters (indoor): One parking space shall be provided for each five (5) seats.

      9.   Undertaking establishments, funeral parlors: Six (6) parking spaces shall be provided for each chapel or parlor, plus one parking space for each funeral vehicle kept on the premises. (Ord. 381-87, 6-9-1987)

      10.   Private tutoring/personalized educational service facility: One parking space shall be provided for each two hundred (200) square feet of floor area. (Ord. 997-02, 8-19-2002)

   C.   Offices; business, professional and governmental: One parking space shall be provided for each two hundred (200) square feet of floor area.

   D.   Medical or dental clinics: Five (5) parking spaces shall be provided for each doctor plus one space for each employee.

   E.   Wholesale establishments (but not including warehouses and storage buildings other than accessory): One parking space shall be provided for each six hundred (600) square feet of floor area.

   F.   Manufacturing uses or any establishments engaged in production, processing, cleaning, servicing, testing or repair of materials, goods or products: One parking space shall be provided for each two (2) employees, plus one parking space for each vehicle used in the enterprise.

   G.   Warehouses and storage buildings: One parking space shall be provided for each two (2) employees, plus one space for each vehicle used in the conduct of the enterprise.

   H.   Community services uses:

      1.   Church, school, college and other institutional auditoriums: One parking space shall be provided for each three (3) auditorium seats. Adequate space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon the premises.

      2.   Health centers, government operated: Five (5) parking spaces shall be provided for each staff and visiting doctor.

      3.   Hospitals: One parking space shall be provided for each two (2) hospital beds, plus one parking space for each two (2) employees (other than staff doctors), plus one parking space for each doctor assigned to the staff.

      4.   Libraries, art galleries and museums; public: One parking space shall be provided for each one thousand (1,000) square feet of gross floor area.

      5.   Municipal or privately owned recreation buildings or community centers: One parking space shall be provided for each two (2) employees, plus spaces adequate in number, as determined by the zoning administrator, to serve the visiting public.

      6.   Public utility and public service uses: One parking space shall be provided for each three (3) employees, plus spaces adequate in number (as determined by the zoning administrator) to service the public.

      7.   School; nursery, elementary and high: One parking space shall be provided for each employee. (Ord. 381-87, 6-9-1987)

   I.   Miscellaneous uses:

      1.   Cannabis dispensary, cannabis cultivation center, cannabis craft growers, cannabis processors, cannabis infusers, and cannabis transporters:

         a.   Cannabis dispensary: A minimum of 25 parking spaces or a reduced number of spaces deemed appropriate per a traffic study or as many spaces as determined by the Village Board to meet the parking demand of the facility.

         b.   Cannabis cultivation center, cannabis craft growers, cannabis processors, cannabis infusers, and cannabis transporters: One space per employee plus as many additional spaces as determined by the Village Board to meet the parking demand of the facility.

      2.   Private clubs and lodges (without sleeping facilities for guests): Parking spaces equal in number to ten percent (10%) of the capacity in persons shall be provided.

      3.   Rest homes and nursing homes: One parking space shall be provided for each four (4) beds, plus one parking space for each two (2) employees, (other than staff doctors), plus one parking space for each doctor assigned to the staff.

      4.   Sanatoriums, convalescent homes or institutions for the aged or for children: One parking space shall be provided for each four (4) beds, plus one parking space for each two (2) employees (other than staff doctors), plus one parking space for each doctor assigned to the staff.

      5.   Theaters; automobile drive-in: Reservoir parking space equal to ten percent (10%) of the vehicle capacity of such theaters shall be provided.

      6.   Parking spaces: For the following uses, parking spaces shall be provided in adequate number (as determined by the zoning administrator) to serve persons employed or residing on the premises as well as the visiting public:

         a.   Fraternal or religious institutions.

         b.   Rectories and parish houses.

         c.   Swimming pools.

   J.   Mixed uses: When two (2) or more uses are located on the same zoning lot within the same building, parking spaces equal in number to the sum of the separate requirements for each such use shall be provided. No parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise recommended by the plan commission and board of trustees.

   K.   Other Uses: For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as that required for the most similar listed uses, or as determined by the zoning administrator. (Ord. 381-87, 6-9-1987; amd. Ord. 1529-15, 2-23-2015; Ord. 2126-21, 10-25-2021)

   A.   Location: All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two (2) tons' capacity shall be closer than fifty feet (50') to any property in a residence district unless completely enclosed by building walls, or a uniformly non-see through plant material or wall, or any combination thereof, not less than six feet (6') in height. No permitted or required loading berth shall be located in any required front or side yard. No permitted or required loading berth shall be located within twenty five feet (25') of the nearest point of intersection of any two (2) streets.

   B.   Size: Unless otherwise specified, a required loading berth shall be at least ten feet (10') in width by at least twenty five feet (25') in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least fourteen feet (14').

   C.   Access: Each required off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. (Ord. 381, 6-9-1987)

   D.   Surfacing: All open off street loading berths and dumpster pads, and accessways from such loading berths and dumpster pads to the public streets, shall be improved to a minimum structural number value of 3.5 and shall consist of the following: a bituminous aggregate mixture (BAM) base course not less than seven inches (7") thick; a bituminous concrete binder course not less than two inches (2") thick; and a bituminous concrete surface course not less than two inches (2") thick. All other parking lots and drives shall be constructed in accordance with street specifications as outlined in the village subdivision control ordinance 1 . (Ord. 733-95, 5-8-1995)

   E.   Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts.

   F.   Space Requirements: 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.

   G.   Special Uses: For special uses other than prescribed for hereinafter, loading berths adequate in number and size to serve such uses as determined by the zoning administrator shall be provided.

   H.   Buildings With Less Than Minimum Floor Space: 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 off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle. (Ord. 381-87, 6-9-1987)

Up to twenty five percent (25%) of the parking spaces required by this title and designated for parking on the site plan may be left unpaved, but shall be reserved for parking in the future, subject to approval of the village board after review and recommendation by the plan commission, the area shall be covered with appropriate ground or other landscaping material. At any time, the village may require that the "land banked" spaces be paved for parking if the plan commission makes a reasonable determination that additional parking is needed. (Ord. 381-87, 6-9-1987)

For the uses listed in the following table, off street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown herein. (See the following pages for the schedule of loading requirements.) (Ord. 381-87, 6-9-1987)

 

   A.   Definitions:

    DRIVE-THROUGH FACILITY: The use of buildings, structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or window or automated machine, to persons in motorized vehicles that are in a designated stacking space. A drive- through facility may be allowed only as a special use, and only accessory to a principal use. A drive-through facility does not include a vehicle washing facility external to a building, a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline service station.

   STACKING SPACE: A space specifically designated as a waiting area for vehicles patronizing a drive-through establishment.

   B.   Minimum Stacking Space Requirements:

      1.   All uses which include a drive-up window or which are characterized by patrons waiting in their vehicles to receive services or products shall provide on site stacking spaces in order to alleviate traffic congestion.

      2.   Stacking spaces shall be a minimum of nine feet (9') wide, as measured from the outermost point of any service window or automated service device to the edge of the driveway, and twenty feet (20') in length.

      3.   All stacking areas shall be separate from other vehicular and pedestrian circulation aisles and parking spaces. It is recommended that stacking lanes be separated through the use of landscaped islands bounded by concrete curbing.

      4.   The number of stacking spaces required shall be determined by the following schedule:

         a.   Financial institutions: A minimum of five (5) stacking spaces per teller or customer service window, including the vehicle being served.

         b.   Restaurant: A minimum of three (3) spaces, including the vehicle being served, as measured from the drive-through window.

         c.   Other uses with drive-through windows or similar characteristics: For uses not provided herein, the village shall determine the appropriate number of stacking spaces based on information provided by the developer or owner of the proposed use, or through consultation with consultants or other communities containing uses similar to the one proposed, or through a combination of these methods.

   C.   Shopping Centers: Drive-through facilities adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

   D.   Drive-Through Aisles:

      1.   Each drive-through entrance/exit shall be located so that, when in use, they do not obstruct ingress or egress to the site and do not obstruct access to required parking or loading spaces.

      2.   Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings.

      3.   Area for drive-through aisles shall be separated with landscaping from the circulation routes necessary for ingress or egress from the property, or access to a parking space.

      4.   The location of each drive-through aisle shall be determined by the village.

      5.   The setbacks for drive-through facilities shall be consistent with the setbacks of the zoning district in which it is located unless otherwise modified as a part of the special use permit.

   E.   Landscaping Of The Drive-Through Aisle Or Aisles Is Required:

      1.   A five foot (5') wide planter between the drive-through aisle and the parking area that includes shade trees consistent with those used in the parking area.

      2.   A minimum three foot (3') tall, maximum four foot (4') tall planter with low shrubs that screens the drive-through aisles from the adjacent public right of way and neighboring properties shall be used to minimize the visual impact of any permitted sign. At no time shall this landscape barrier be pruned in a manner that allows the vehicle headlights from the drive-through lane to be visible from abutting street right of way or from neighboring properties. Plantings should also be designed to discourage potential safety issues.

   F.   Pedestrian Access And Crossings: Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated by pavement markings or special paving including, but not limited to, different colors, different paving types or different textured paving.

   G.   Hours Of Operation: Hours of operation for the drive- through service shall be six o'clock (6:00) A.M. – ten o'clock (10:00) P.M., unless modified as a part of the special use approval.

   H.   Signs: Signs shall be permitted in accordance with the provisions of chapter 12 of this title.

   I.   Parking: The provision of drive-through service facilities shall not justify a reduction in the number of required off street parking spaces for the accompanying use.

   J.   Noise: Any drive-through speaker system shall emit no more than fifty (50) decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the property lines of the site. The speaker system shall not be located any closer than the setback yard requirements of the zoning district in which it is located unless otherwise modified as a part of the special use permit approval. (Ord. 1398-12, 6-18-2012)