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Herscher City Zoning Code

CHAPTER 10

OFF-STREET PARKING AND LOADING

10-10-1-1: SCOPE:

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

10-10-1-2: GENERAL REQUIREMENTS:

   A.   The duty to provide and maintain off-street parking space shall be the joint and shared responsibility of the operator and/or owner of the use and/or land for which off-street parking space is required to be provided and maintained.
   B.   For land, structures, or uses actually used, occupied, or operated on the effective date of this Title, there shall be provided such off-street parking space as was required for such land, structures, or uses by any previous ordinance. If such land, structure, or uses are enlarged, expanded, or changed, there shall be provided, for that 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.
   E.   Parking and loading spaces for all types of uses may be provided either in garages or parking areas conforming with the provisions of this Title.
   F.   Parking may be with or without charge.
   G.   Vehicles, including but not limited to, recreational type vehicles, such as camping trucks, trucks, or trailers, shall not be parked in any front yard, except upon a regularly constructed residential driveway. However, upon notification to the Herscher Police Department, owners of recreational-type vehicles may park their vehicle in their front yard for a period not to exceed forty eight (48) hours for loading and unloading. Recreational- type vehicles may be parked to the rear or side of the principal building.
   H.   Any application for a building permit or for an occupancy certificate where no building permit is required, shall include therewith a plot plan drawn to scale and fully dimensioned showing any off-street parking or loading facilities to be provided in compliance with this Title.

10-10-1-3: LOCATION:

Off-street parking space shall be located on the same lot as the use for which provided, except as set forth herein.
   A.   Municipally owned property.
   B.   Special Location Plan: Pursuant to the procedure hereinafter set forth, either part or all of the required off-street parking space may be located off the lot of the use for which the space is provided. Also, two (2) or more uses may share the same off-street parking space and each of such uses may be considered as having provided such shared space individually. The following limitations shall apply to the "special location plan."
      1.   Separate From Use: Off-street parking shall be located as hereinafter specified, where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.
         a.   In all residential districts, parking facilities shall be located on the same lot or lots with the building they are required to serve, except that trucks with an empty weight of seven thousand (7,000) pounds or more or exceeding ninety (90) inches in height are prohibited.
         b.   In the C2-Commercial District and Industrial District, parking facilities shall be located within three hundred (300) feet of the building they are required to serve.
      2.   Sharing Of Space: No use shall be considered as individually having provided off-street parking space which is shared with one or more other uses unless the schedules of operation of all such uses are such that none of the uses sharing the space require the off-street parking at the same time as any other use sharing the space.
      3.   Application: All applications for approval of a special plan hereunder shall be filed with the Zoning Official by the owners of the entire land area to be included with the spatial plan, the owner or owners of all structures then existing on said land area and all encumbrances of said land area and structures; shall contain sufficient evidence to establish to the satisfaction of the Zoning Official that the applicants are the owners and encumbrancers of the designated land and structures; shall contain such information and representations required by the Title or deemed necessary; and shall include plans showing the following details:
         a.   The location of the uses or structures for which off-street parking space is required.
         b.   The location at which the off-street parking space is to be located.
      4.   Procedure:
         a.   All applicants shall be reviewed and approved by the Zoning Official. Any approval may establish necessary conditions and limitations.
         b.   Upon approval of such special location plans, a copy of such plan shall be registered and recorded with the Kankakee County Recorder of Deeds.
         c.   All special plans recorded hereunder shall be binding upon the applicants for such special location plan, their successors and assigns, shall limit and control the issuance and validity of all zoning permits and zoning certificates and shall restrict and limit the use and operation of all land and structures included within such special location plans to all conditions and limitations specified in such plans and approvals thereof.
         d.   All special plans registered and recorded hereunder may be amended pursuant to the same procedures and subject to the limitations and requirements by which such plans were approved, registered, and recorded.

10-10-1-4: SEPARATE OR COMBINED SPACE:

Separate off-street parking space shall be provided for each use or the parking space required of two (2) or more uses located on the same lot may be combined and used jointly; provided, however:
   A.   Where off-street parking is combined and used jointly by two (2) or more uses having different standards for determining the amount of off-street parking required, the parking space shall be adequate in area to provide the sum total of off-street parking requirements of all such uses, unless it can be demonstrated that the schedules of operation are such that [text missing].
   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 purpose of this Section 10-10-1-4, shall be considered a single unit, and the gross floor area of all such uses in all structures on the same lot and 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.

10-10-1-5: DESIGN, DEVELOPMENT, AND MAINTENANCE:

Every parcel of land hereafter used as a public or private parking area, including commercial parking lot, and also, an automobile or trailer sales lot, shall be designed, developed, and maintained in accordance with the following requirements:
   A.   The plan for the design of parking lots or areas shall be subject to approval of the Village Engineer, in accordance with standards and requirements noted herein.
   B.   Shall not be used for sale, repair, dismantling, or serving of any vehicles, equipment, materials, or supplies, except when parking is a permitted principal or conditional use.
   C.   Shall be graded for proper drainage and provided with bituminous asphalt or concrete material capable of carrying a wheel load of four thousand (4,000) pounds maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash, and debris.
   D.   Off-street parking areas for four (4) or more vehicles that adjoin or are across the street from property zoned for any residential use shall have a dense evergreen planting, fence, masonry wall, and/or such other screening in accordance with guidelines of Section 10-3-6 of this Title.
   E.   Shall be provided with entrances and exits not less than twelve (12) feet in width for each direction of traffic and so located as to minimize traffic congestion, except on residential lots each off-street parking space shall open directly upon an aisle or driveway at least twelve (12) feet wide for each direction of traffic or such additional 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 vehicular and pedestrian traffic.
   F.   Shall be provided with wheel guards or bumper guards or curbing along perimeter parking so located that not part of the parked vehicle will extend beyond the parking area.
   G.   Except for parallel parking spaces, each required off-street parking space shall be at least nine (9) feet in width and at least twenty (20) feet in length, exclusive of access drives or aisles, ramps, columns, of office or work space. Such space shall have a vertical clearance of at least seven (7) feet and shall be measured at right angles to the axis of the vehicle. For parallel parking, the length of the parking space shall be increased to twenty four (24) feet; an overhang over bumper guards, wheel guards, curbing or paving of two (2) feet shall be allowed to be counted towards the required twenty (20) foot length of parking spaces. In such cases, walks or green spaces that are covered by the two (2) feet of overhang shall be required to have an additional two (2) feet of width.
   H.   At points of ingress and egress into roads for off-street parking, no structure, parked vehicle, sign or plant material shall obstruct a clear path of motor vehicle driver's vision of approaching vehicles within a triangular square determined by a diagonal line connecting two (2) points measured seventy five (75) feet equidistant from the point of intersection with the centerline of the road and the points of ingress and egress.
   I.   Off-street parking areas other than driveways shall not be located in the required front yards, except through the provision of landscaping shown in an approved landscape plan that shows adequate screening to be provided. A minimum of fifteen (15) feet of landscaping in the front yard shall be provided in all commercial and industrial districts. Reduction in the depth of landscaping may be permitted as a special use if adequate provisions for landscaping can be demonstrated.
   J.   All open vehicle parking areas containing more than twelve (12) contiguous and adjacent parking spaces shall be effectively screened in accordance with the guidelines noted in Section 10-3-6 of this Title.
   K.   Parking for the handicapped shall be provided at a size, number, and location as specified by State and Federal regulations.
   L.   No pavement or curbing shall be located closer than two (2) feet from any property line unless it can be specifically demonstrated that the intent is to extend the parking to adjoining properties. A plan must be submitted and approved during the review process which shows how the extension of parking will occur.
   M.   Driveways for single-family homes shall not be less than nine (9) feet in width nor more than thirty (30) feet in width. The maximum width of curb cuts for single-family home driveways shall be thirty (30) feet. No more than fifty percent (50%) of the area in front of the building setback line of a single-family home may be covered by pavement, unless a circle drive is utilized. No more than thirty percent (30%) of the area in front of the building setback line of a single-family home in the A-1 Zoning District may be covered by pavement, regardless of whether or not a circle drive is utilized. Circle drives may be utilized only where adequate lot width is available on lots fronting on heavily traveled roadways or other special cases, as determined to be beneficial to traffic safety, aesthetics or other important considerations, by the Zoning Official. Site plans drawn to scale delineating circle driveway configuration shall be submitted to the Zoning Official as part of a request to obtain approval for a circle drive. Where a driveway leads to a garage, the width of the driveway shall not exceed the width of the garage.

10-10-1-6: UNITS OF MEASUREMENT:

For purposes of this Section, the following units of measurement shall apply:
   A.   Floor Area: "Floor area" shall mean the gross floor area taken from the outside wall of the building.
   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 an individual; in places where patrons or spectators occupy benches, pews, or other seating facilities, each twenty (20) inches of such seating facilities shall be counted as one seat.
   D.   Employees: Employees shall mean the maximum number of permanent staff members working 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

10-10-2: OFF-STREET PARKING TABLE:

Parking Class
Uses: (Permitted or Special)
Required Spaces
Parking Class
Uses: (Permitted or Special)
Required Spaces
Class #1
a. Dwelling, single-family
b. Dwelling, two-family
2 per dwelling unit
Class #2
a. Dwelling, multi-family
2 per dwelling unit plus additional parking as determined by the Village Board
Class #3
a. Convalescent home, extended care facilities or rest home, nursing home and home for the aged
b. Institutional uses
c. Group homes
d. Parsonage, rectory, or parish house
1 per each two beds, plus 1 per each two employees
Class #4
a. Medical, dental and optical clinics
2 per each office or examination room plus one per employee
Class #5
a. Library, museum, or other public or quasi-public uses, unless otherwise specified in this Chapter
b. Philanthropic and charitable institutions
3 per 1,000 square feet of gross floor area
Class #6
a. Post office
b. Recreational and community center buildings
c. Professional office establishments, unless otherwise specified
d. Personal service establishments, unless otherwise specified in this Chapter
4 per 1,000 square feet of gross floor area
Class #7
a. Business service establishments, unless otherwise specified in this Chapter
b. Retail businesses which supply commodities on the premises, unless otherwise specified in this Chapter
6 per 1,000 square feet of floor area
Class #8
a. Nursery schools
b. Elementary schools
1 per each employee plus 1 per each 3 classrooms
Class #9
a. High schools and senior high schools
1 space per each employee plus 1 space per each 4 students based on the maximum number in accordance with design capacity
Class #10
a. Commercial or trade schools
b. Music or dance schools
c. Business schools
1 space per each 2 employees plus 1 space per each 2 students
Class #11
a. Cocktail lounges
b. Restaurants
c. Taverns
10 spaces per 1,000 square feet of gross floor area
Class #12
a. Auction halls
b. Auditoriums and auditoriums as accessory to churches, school and other institutional uses
c. Churches, temples, and synagogues
d. Convention halls or exhibition halls
1 space per 5 seats or 90 lineal inches of seating
Class #13
a. Greenhouses and nurseries, retail
b. Golf driving ranges
1 space per 1,000 square feet of gross floor area plus 1 space per 2,000 square feet of gross land area
Class #14
a. Golf courses
b. Pitch and putt golf courses
c. Par “3" golf courses
100 spaces per 9 holes (regular golf) or 40 spaces per 9 holes (par “3" courses)
Class #15
a. Athletic fields
b. Grounds of recreational clubs, noncommercial
c. Public parks and playgrounds
1 space per 5,000 square feet of gross land area
Class #16
a. Swimming pools
b. Skating rinks
c. Dance halls
d. Tennis courts and clubs
e. Bowling alleys
1 space per 2 persons based on the maximum number of persons that can be accommodated at the same time in accordance with such design capacity and 1 space per each 2 employees
Class #17
a. Indoor theaters
1 space per each 4 seats
Class #18
a. Drive-in banking facility
Reservoir space sufficient to accommodate a number of automobiles equal to 5 times the number of teller windows
Class #19
a. Automobile laundry (mechanical)
1 space per employee plus parking spaces equal to 5 times the maximum capacity of the auto washing unit
Class #20
a. Garage for the storage, servicing and repair of motor vehicles including body repair, painting and engine rebuilding
b. Mobile home display and sales and service
c. Model garage and display and sales
d. Motorcycle, bicycle, and other outdoor recreational vehicle sales, rental and service
e. Trailer, boat, and camper or camper-trailer sales, rental and service
f. Motor vehicle sales and service
5 per 1,000 square feet of gross floor area plus 1 space per 2,000 square feet of land area
Class #21
a. Auto service station
1 space per each pump island plus 2 spaces per each stall plus 1 space per employee
Class #22
a. Industrial type uses and wholesale and warehouse uses, as defined in Chapter 7 of this Title
b. Sewer treatment plants
1 space per each employee
Class #23
a. Amusement parks and similar establishments
b. Billiard and pool halls
c. Indoor amusements, including indoor archery, rifle range and shooting gallery
d. Kiddie parks
e. Miniature golf
3 spaces per 1,000 square feet of gross floor area plus 3 spaces per 1,000 square feet of gross land area
Class #24
a. Special uses not specified above
Spaces as required by the Village Board after review by the Planning Commission
 

10-10-3-1: GENERAL REQUIREMENTS:

   A.   Location: All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a residential district from a commercial or industrial district shall be completely screened therefrom by building walls or by a uniform solid fence, wall, or door, or densely-planted, mature shrubbery or any combination thereof, not less than five (5) feet in height. No permitted or required loading berth shall be located within thirty (30) feet of the nearest point of intersection of any two (2) streets. No loading berth shall be located in a required front or side yard, and any loading berth located in a required rear yard may be open to the sky. No pavement or curbing shall be located closer than two (2) feet from any property line unless it can be specifically demonstrated that the intent is to extend the loading to adjoining properties. A plan must be submitted and approved during the review process which shows how the extension of loading will occur.
   B.   Size: Unless otherwise specified, a required off-street loading berth shall be at least twelve (12) feet in width by at least forty (40) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen (15) feet.
   C.   Access: Each required off-street loading berth shall be designated with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the Zoning Official.
   D.   Surfacing: All open, off-street loading berths shall be surfaced with a bituminous asphalt or concrete material capable of bearing a live load of two hundred (200) pounds per square foot.
   E.   Repair And Service:
      1.   Residence Districts: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.
      2.   Commercial Districts: No motor vehicle repair of any kind shall be permitted in conjunction with loading facilities provided in commercial districts, except emergency repair service necessary to start vehicles.
      3.   Industrial Districts: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in an industrial district if such loading facilities are within five hundred (500) feet of a residence district. Washing of accessory vehicles and emergency service required to start vehicles shall be permitted.
   F.   Utilization: Space allocated for off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
   G.   Central Loading: Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:
      1.   Each zoning lot serviced shall have direct access to the central loading area without cross streets or alley at-grade.
      2.   Total off-street loading berths provided shall meet the minimum requirements herein specified based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)
      3.   No zoning lot served shall be more than five hundred (500) feet removed from the central loading area.
      4.   The tunnel or ramp connecting the central loading area with the zoning lot served shall not be less than seven (7) feet in width and have a clearance of not less than seven (7) feet.
   H.   Minimum Facilities: 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 off any adjacent alley, service, drive, or open space on the same lot.

10-10-3-2: SPECIFIC REQUIREMENTS:

   A.   Residence Districts: Off-street loading facilities accessory to uses allowed in the residence districts shall be provided in accordance with the following minimum requirements:
      1.   For the uses listed hereunder, one loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of gross floor area, plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof.
         a.   Educational and cultural institutions.
         b.   Philanthropic and cultural institutions.
         c.   Religious institutions.
      2.   Planned Development, Residential: Loading berths shall be provided on the basis of the required berths of each individual use.
      3.   Recreational And Social Facilities: For buildings containing 10,000 to 100,000 square feet of gross floor area, one loading berth shall be provided, and for each additional 100,000 square feet of gross floor area up to 500,000 square feet of gross floor area or fraction thereof in excess of 500,000 square feet.
      4.   For all other nonresidential uses, loading facilities shall be provided in accordance with the following requirements:
         a.   For buildings containing 10,000 to 100,000 square feet of gross floor area, there shall be provided on the same zoning lot, adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive, or open space.
         b.   For buildings containing 10,000 to 100,000 square feet of gross floor area, two (2) off-street loading berths shall be provided.
         c.   For buildings containing over 100,000 square feet of gross floor area, there shall be provided one loading berth for each 100,000 square feet of gross floor area or fraction thereof.
   B.   Commercial Districts: Off-street loading spaces accessory to uses permitted in the commercial districts shall be provided in accordance with the following minimum requirements:
      1.   Any use listed in a residence district that also is permitted in any of the commercial districts shall provide loading spaces as established for that use in the preceding section for residence districts.
      2.   Establishments containing less than 7,000 square feet of gross floor area shall be provided with adequate facilities, accessible by motor vehicle, off any adjacent alley, service drive, or open space on the same zoning lot.
      3.   For the uses listed hereunder, one loading berth shall be provided for buildings containing 7,000 to 40,000 square feet of gross floor area. For buildings containing 40,000 to 100,000 square feet of gross floor area, two (2) loading berths shall be provided, plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof. Each such loading berth for buildings in excess of 100,000 square feet of gross floor area shall not be less than twelve (12) feet in width by fifty five (55) feet in length.
         a.   Cartage and express facilities.
         b.   Mail order houses.
         c.   Printing and publishing.
         d.   Restricted production and repair.
         e.   Warehousing, storage, and wholesale establishments.
      4.   For the uses listed hereunder, one loading berth shall be provided for buildings containing up to 100,000 square feet of gross floor area for each additional 100,000 square feet of gross floor area up to 500,000 square feet, one additional loading berth shall be provided, plus one additional loading berth for each 50,000 square feet of gross floor area or fraction in excess of 500,000 feet.
         a.   Banks and financial institutions.
         b.   Medical and dental clinics.
         c.   Offices, business, professional and governmental.
         d.   Recreation buildings and community centers, noncommercial.
      5.   For the uses listed hereunder, one loading berth shall be provided for buildings containing up to 100,000 square feet of gross floor area, plus one additional loading berth for each additional 150,000 feet of gross floor area or fraction thereof. For buildings [text missing]. Each such loading berth for buildings in excess of 20,000 square feet of gross floor area shall not be less than twelve (12) feet in width by fifty five (55) feet in length.
         a.   Clubs or lodges (not-for-profit), containing retail shops, auditoriums, exhibition halls, or business or professional offices (other than accessory).
         b.   Convention halls.
         c.   Exhibition halls.
      6.   For the uses listed hereunder, one loading berth shall be provided for buildings containing up to 150,000 square feet of gross floor area, plus one additional loading berth for each additional 200,000 square feet of gross floor area or fraction thereof.
         a.   Amusement Establishments: Bowling alleys, swimming pools, and skating rinks. For buildings containing 10,000 square feet of gross floor area, one loading berth shall be provided, plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof.
         b.   Clubs and lodges (not-for-profit), containing no retail shops, convention halls, auditoriums, exhibition halls or business or professional offices (other than accessory).
         c.   Meeting halls.
         d.   Parking Lots And Garages: There shall not be requirements for off-street loading.
         e.   Schools: Music, dance, business, and trade.
         f.   Theaters, indoor.
         g.   Undertaking establishments and funeral parlors.
         h.   For all other uses, loading facilities shall be provided in accordance with the following schedule:
 
Gross Floor Area of Establishments in Thousand of Square Feet
Required Number and Size of Berths
7 to 60
1-(12 ft. x 30 ft.)
61 to 100
2-(12 ft. x 30 ft. each)
For each additional 200,000 square feet in gross floor area or fraction thereof over 100,000 square feet of gross floor area, one additional loading berth shall be provided, such additional berth to be at least 12 feet in width by 55 feet in length
 
   C.   Industrial District: Off-street loading facilities accessory to uses allowed in the industrial district shall be provided in accordance with the following minimum requirements:
      1.   Any production, processing, cleaning, servicing, testing, repair, or storage of materials, goods, or products: For buildings containing up to 40,000 square feet of gross floor area, one loading berth shall be provided. For buildings containing 40,000 to 100,000 square feet of gross floor area, two (2) loading berths shall be provided, plus one additional loading berth for each additional 100,000 square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of 10,000 square feet of gross floor area shall be not less than twelve (12) feet in width by fifty five (55) feet in length.
      2.   For uses listed hereunder, one loading berth shall be provided for buildings up to 100,000 square feet of gross floor area. For each additional 100,000 square feet of gross floor area up to 500,000 square feet, one additional loading berth shall be provided, plus one additional loading berth for each additional 500,000 square feet of gross floor area or fraction thereof in excess of 500,000 square feet.
         a.   Medical and dental clinics.
         b.   Recreational buildings or community centers.
      3.   Motor Freight Terminals: For buildings containing 5,000 to 40,000 square feet of gross floor area, one loading berth shall be provided. For buildings containing 40,000 to 100,000 square feet of gross floor area, two (2) loading berths shall be provided, plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof. Each such loading berth for buildings in excess of 10,000 square feet of gross floor area shall be not less than twelve (12) feet by fifty five (55) feet in length.
      4.   Planned Developments, Industrial: Loading berths shall be provided on the basis of the required berths for each individual use.
      5.   For all other uses, loading facilities shall be provided in accordance with the following schedule:
 
Gross Floor Area of Establishments in Thousand of Square Feet
Required Number and Size of Berths
7 to 40
1-(12 ft. x 30 ft.)
41 to 100
2-(12 ft. x 30 ft. each)
For each additional 200,000 square feet in gross floor area or fraction thereof over 100,000 square feet of gross floor area, one additional loading berth shall be provided, such additional berth to be at least 12 feet in width by 55 feet in length