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Mount Zion City Zoning Code

ARTICLE X

- OFF-STREET PARKING AND OFF-STREET LOADING FACILITIES

Sec. 119-363. - Scope of regulations.

The off-street parking and off-street loading provisions of this article shall apply as follows:

(1)

Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this article, for all buildings and structures erected and all uses of land established in each district after the effective date of the ordinance from which this chapter is derived. However, where a building permit has been issued prior to the effective date of the ordinance from which this chapter is derived, and provided that construction is begun within six months of the effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of the building permit may be provided in lieu of any different amounts required by this article.

(2)

When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required in this article shall be provided for such an increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date of the ordinance from which this chapter is derived shall be required to provide additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than 15 percent of the units of measurement existing upon the effective date of the ordinance from which this chapter is derived, in which even parking or loading facilities as required herein shall be provided for the total increase. In the case of the expansion or alteration of residential buildings, required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of the buildings.

(3)

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 of the new use. However, if the building or structure was erected prior to the effective date of the ordinance from which this chapter is derived, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those of the existing use, if the latter were subject to the parking and loading provisions of this article.

(Code 2007, § 150.180; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-364. - Existing parking facilities.

Accessory off-street parking facilities in existence on the effective date of the ordinance from which this chapter is derived and located on the same lot as the building or use served, shall not hereafter be reduced below, or if already less than shall not be further reduced below, the requirements for a similar new building or use under the provisions of this article.

(Code 2007, § 150.181; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-365. - Permissive parking and loading facilities.

Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities on the same lot as the establishment it serves to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of the facilities are adhered to.

(Code 2007, § 150.182; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-366. - Damage or destruction.

For any conforming or legally nonconforming building or use which is in existence on the effective date of the ordinance from which this chapter is derived, which subsequently 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 need not be provided, except that parking or loading facilities equivalent to any maintained at the time of the 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 article for equivalent new uses or construction.

(Code 2007, § 150.083; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-367. - Control of off-street facilities.

In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the lot occupied by the building or use to which the parking facilities are accessory. Possession may be either by deed or long-term lease, the term of the lease to be determined by the board. The owner of the land on which the parking facilities are to be located shall be bound by covenants, filed on record in the office of the recorder of deeds and the village clerk, requiring the owner and the owner's heirs and assignees to maintain the required number of parking facilities for the duration of the use served or of the lease, whichever shall terminate sooner.

(Code 2007, § 150.184; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-368. - Off-street parking.

Off-street parking facilities for motor vehicles shall be provided in accordance with the following regulations:

(1)

Use. Accessory off-street parking facilities required as accessory to uses listed herein shall be solely for the parking of the passenger vehicles of patrons, occupants, or employees. When bus transportation is provided for the patrons, occupants, or employees of a specific establishment, additional open or enclosed off-street parking spaces for each bus to be parked on the premises shall be provided in accordance with the regulations hereafter for access, in yards, design, maintenance, and area in accordance with the size of buses.

(2)

Computation. When determining the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

(3)

Collective provision. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory parking spaces, in relation to the use served, are adhered to. Further, no parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the board in accordance with procedures set forth herein for variances in article II, division 3 of this chapter.

(4)

Area. A required off-street parking space shall be at least ten feet in width and at least 20 feet in length, exclusive of access drives, ramps, columns, or office work area. Covered spaces shall have a seven-foot vertical clearance.

(5)

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 the 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 movement. No driveway across public property at the right-of-way line shall exceed a width of 25 feet.

(6)

In yards. Off-street parking spaces, open to the sky, may be located in any yard except a front yard and a side yard adjacent to a street, except as specified in section 119-231(4)c. Enclosed building and carports containing off-street parking spaces shall be subject to applicable yard requirements of the zoning district.

(Code 2007, § 150.185; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1985-86-15, 6-17-1985; Ord. No. 1991-92-14)

Sec. 119-369. - Design and maintenance.

(a)

Open, covered, and enclosed parking space. Accessory parking spaces may be open to the sky, enclosed in a building, or covered. All open off-street parking areas shall have a dust-free surface.

(b)

Surfacing. All open off-street parking areas containing four or more parking spaces shall be improved with materials and construction standards specified in the village building code. Further, these parking areas shall be graded, tiled, and drained so as to dispose of all surface water without causing a nuisance to surrounding property owners.

(c)

Screening and landscaping. All open parking areas, containing more than four parking spaces and located less than 40 feet from a property line shall be effectively screened on each side adjoining or fronting on any property situated in a residential district or any institutional premises by a wall, fence, or densely planted compact hedge, not less than four feet nor more than six feet in height. Chain link, unless 100 percent slated, any form of barbed wire, or other metal wire, or mesh fences shall not be allowed.

(d)

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance, and in a parking area containing 40 or more parking spaces, such lighting shall be extinguished one-half hour after the close of business, except as may otherwise be permitted or required by the board for maintaining illumination with less candlepower after the time specified above.

(e)

Repair and service. No non-emergency motor vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities unless the accessory parking facilities are enclosed in a building, in which case gasoline and motor oil may be sold within the building to the users of the accessory parking facilities, provided that no sign advertising the sale of same is visible from outside and provided further that all gasoline pumps shall be effectively screened from view from the public way.

(f)

If the lot is to be used by more than one establishment and is not a municipally owned facility, a written document shall be secured to ensure the use of the entire proposed area for vehicular parking for a reasonable period.

(g)

No advertising signs or devices other than identification signs will be permitted in an off-street parking lot.

(Code 2007, § 150.186; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-370. - Location.

All parking spaces required to serve buildings or uses erected or established after the effective date of the ordinance from which this chapter is derived shall be located on the same lot as the building or use served. Buildings or uses existing on the effective date of the ordinance from which this chapter is derived which are subsequently altered or enlarged so as to require the provision of parking spaces under this chapter, or new uses established in any business district, may be served by parking facilities located on land other than the lot on which the building or use served is located, provided the facilities are within 300 feet walking distance of a main entrance to the use served, and a special parking lot permit is obtained, as required under section 119-301.

(Code 2007, § 150.187; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-371. - Employee parking.

Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

(Code 2007, § 150.188; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Sec. 119-372. - Required spaces.

Off-street parking spaces accessory to designated uses shall be provided as follows:

(1)

Dwelling and lodging uses.

a.

Hotels and apartment hotels. At least one parking space for each dwelling unit and one parking space for each sleeping room.

b.

Lodginghouses. At least two parking spaces plus one parking space for each three lodging rooms.

c.

Motels, tourist homes, or tourist courts. At least one parking space for each dwelling unit, and one parking space for each sleeping room.

d.

Multiple-family dwelling. At least two parking spaces for each dwelling unit.

e.

Single-family dwellings. At least two parking spaces for each dwelling, plus one additional parking space for each two roomers or lodgers accommodated, but no more than four parking spaces for each single-family dwelling.

f.

Tourist camps or parks. Automobile parking spaces equal in number to the number of trailers permitted shall be provided.

g.

Two-family dwellings. Two parking spaces for each dwelling unit.

(2)

School, institution, auditorium, or other places of assembly uses.

a.

Colleges, junior colleges, and universities. One parking space shall be provided for each six students, based upon the maximum number of students that can be accommodated in accordance with design capacity.

b.

Convalescent homes, nursing homes, rest homes, institutions for the care of the aged and for children, and sanitariums. One parking space shall be provided for each four beds, plus one parking space for each two employees (other than staff doctors), plus one parking space for each doctor assigned to the staff.

c.

Fraternities, sororities, and dormitories in conjunction with colleges and universities. One parking space shall be provided for each active member or dormitory residents, plus one parking space for the manager.

d.

Gymnasiums, stadiums, and grandstands. One parking space shall be provided for each six seats, or for each 108 inches of seating space.

e.

Hospitals. At least one parking space for each two hospital beds, plus one parking space for each two employees, other than doctors, plus one parking space for each doctor assigned to the staff.

f.

Libraries and museums. At least one parking space for each 800 square feet of floor area.

g.

Medical and dental clinics. At least three parking spaces for each examining or treatment room, plus one for each doctor and employee in the building.

h.

Meeting halls, convention halls, and exhibition halls. Not less than the number of parking spaces equal to 30 percent of the maximum number of people that can be accommodated in accordance with design capacity.

i.

Private clubs and lodges. At least one parking space for each lodging room, and one parking space for each six seats in accordance with the design capacity of the main meeting room.

j.

Schools, commercial or trade; and music, dance, or business. One parking space shall be provided for each two employees, plus one space for each five students, based on the maximum number of students that can be accommodated in accordance with design capacity.

k.

Schools, high - public or private. At least one parking space for each seven students in accordance with the design capacity of the building.

l.

School and institutional auditoriums. At least one parking space for each two persons employed on the premises, and an additional parking space for each six seats, or for each 108 inches of seating space in the main auditorium or assembly hall.

m.

Schools, nursery, elementary, or junior high - public or private. At least one parking space for each three faculty members and other full-time employees.

n.

Auditoriums (other than incidental to a school), arenas, racetracks of all kinds, or other places of assembly. Parking spaces equal in number to 30 percent of the capacity in persons shall be provided.

(3)

Recreational uses, commercial or noncommercial.

a.

Bowling alleys. At least seven parking spaces for each alley, plus additional spaces as may be required herein for affiliated uses, such as restaurants and the like.

b.

Health salons, swimming pools, skating rinks, and dance halls, commercial. At least one parking space for each three persons, based upon the maximum number of persons that can be accommodated at the same time in accordance with design capacity, and one parking space for each three employees.

c.

Parks, recreation areas, or community centers - private, semipublic or public. At least one parking space shall be provided for each three employees, plus spaces in adequate number as determined by the village council to serve the visiting public.

(4)

Business, commercial, and manufacturing uses.

a.

All business and commercial establishments, except those specified hereafter. At least one parking space for each 300 square feet of floor area. (Gross floor area minus storage area.)

b.

Auto laundries. One parking space shall be provided for each three employees, plus one space for the owner or manager, and in addition, reservoir parking spaces, equal in number to five times the maximum capacity of the auto laundry for automobiles awaiting entrance to the auto laundry shall be provided. Maximum capacity, in this instance, shall mean the greatest number possible of automobiles undergoing some phase of laundering at the same time.

c.

Automobile service stations. At least one parking space for each employee, plus two for each service stall.

d.

Banks. At least one parking space for each 300 square feet of floor area.

e.

Business, professional, and administration or service office buildings. At least one parking space for each 300 square feet of the floor space for customers and employees.

f.

Cartage, express, parcel delivery, and freight terminal establishments. At least one parking space for each two employees, as related to the working period when the maximum number of persons are employed on the premises, and one parking space for each vehicle maintained on the premises.

g.

Establishments handling the sale and consumption on the premises of food and refreshment. At least one parking space for each three persons based upon the maximum number of persons that can be accommodated at the same time in accordance with design capacity.

h.

Furniture and appliance stores, motor vehicle sales, wholesale stores, stores for repairs of household equipment or furniture. At least one parking space for each 400 square feet of floor area.

i.

Production, processing, assembly, cleaning, servicing, testing, or repairing of materials, goods, or products. At least one parking space for each three employees, as related to the working period when the maximum number of persons are employed on the premises.

j.

Theaters. At least one parking space for each six seats up to 400 seats plus one parking space for each four seats over 400.

k.

Undertaking establishments and funeral parlors. At least eight parking spaces for each chapel or parlor, plus one parking space for each funeral vehicle maintained on the premises.

l.

Warehouse, storage, wholesale and mail order establishments. At least one parking space for each two employees, as related to the working period when the maximum number of persons are employed on the premises.

(5)

Miscellaneous uses.

a.

Planned developments. Parking spaces shall be provided on the basis of the required spaces for each individual use.

b.

Public utility and public service uses. At least one parking space for each two employees, plus spaces in adequate number as determined by the board to serve the visiting public.

(6)

Other uses. Parking spaces for other permitted or special uses not listed above shall be provided in accordance with requirements designed by the board.

(Code 2007, § 150.189; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1991-92-4)

Sec. 119-373. - Off-street loading requirements.

(a)

There shall be provided at the time any building is erected or structurally altered off-street loading spaces, logically and conveniently located for bulk pickups and deliveries, of a size and number as to accommodate the delivery vehicles expected, and accessible to such vehicles even when off-street parking spaces are filled.

(b)

Where off-street loading spaces are provided, they shall be built in accordance with the following regulations:

(1)

All loading spaces shall be located on the same zoning lot as the use served.

(2)

All motor vehicle loading spaces, which abut a residential district, shall be completely screened there from, by building walls, densely planted compact hedge, or a uniformly painted solid fence, wall or any combination thereof, not less than eight feet in height.

(3)

No loading space shall be located in a required front or side yard.

(4)

Off-street loading spaces shall be at least ten feet in width by at least 25 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.

(5)

Each off-street loading space shall be designed with appropriate means of vehicular access to a street in such a manner as to minimize interference with traffic movement, but in no case shall a loading space have an entrance onto a street located within 30 feet of the nearest point of the intersection of any two streets.

(6)

All open off-street loading spaces shall be improved with a compact base surfaced with an all-weather dustless material as approved by the village.

(Code 2007, § 150.190; Ord. No. 1979-80-19, 2-4-1980)