OFF-STREET PARKING, LOADING AND STACKING7
Editor's note— Ord. No. 1414, § 1, adopted Sept. 11, 2002, changed the title of art. VI to read as herein set out.
Cross reference— Stopping, standing and parking generally, § 90-151 et seq.
The provisions of this article shall apply and govern in all zoning districts.
(Code 1981, §§ 10-10-1-1, 10-10-2-1)
(a)
The duty to provide and maintain off-street parking space shall be the joint and several 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 hereof, 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, structures 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 under this division if the increment were a separate land, structure or use established or placed into operation after the effective date hereof.
(c)
For all uses established or placed into operation after the effective date hereof, there shall be constructed, provided, preserved and maintained the amount of off-street parking space set forth in this division.
(d)
Whenever the intensity of use of any structure or premises shall be increased through the addition of dwelling units, gross floor area or seating capacity, additional parking as required in this division to provide for the expanded use shall be provided.
(e)
Whenever the existing use of a building, structure or land area is changed to a new use, parking facilities shall be provided as required by the new use. However, if the use existed prior to the effective date hereof, parking is required only in the amount that the new use would exceed the requirements for the existing use if the latter were subject to the parking provisions of this division.
(f)
Parking in existence on the effective date hereof, or that was 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 division for a new use.
(g)
All off-street parking space, whether or not required by this chapter and when provided in accordance with the provisions of this chapter or in accordance with the provisions of any former ordinance, shall be used, maintained and operated as required in this division.
(h)
Parking for all types of uses may be provided either in garages or open parking areas conforming with the provisions of this division.
(i)
Where sufficient existing public parking facilities are located so as to provide or supplement part or all of the required parking space, the zoning board of appeals may reduce the number of spaces required for a particular use or group of uses.
(j)
Parking may be with or without charge.
(k)
No vehicle shall be parked in any front yard except upon a regularly constructed driveway. Parking lots may be allowed in the front yard if authorized by the zoning board of appeals, and provided that the district does not require that the front yard be landscaped and that is it devoted to no other use, and further provided that the parking is in accord with the other provisions of this chapter.
(Code 1981, § 10-10-1-2)
Off-street parking space shall be located on the same lot as the use for which provided, except as otherwise specifically provided. Pursuant to the procedure set forth in this section, 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 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)
Separation from use. Off-street parking shall be located as specified in this sub-section. 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. Parking facilities shall not be separated from the building to be served by any public right-of-way unless the zoning board of appeals and village board determine that a safe pedestrian crossing is provided.
(2)
Sharing of space. Two or more uses may share the same off-street parking space if the schedules of operation of all such uses are such that none of the uses sharing the space require the off-street parking space at the same time as any other use sharing the space. Each such use that is sharing space shall be considered as having provided such shared space individually.
(3)
Application. All applications for approval of a "special location plan" hereunder shall be filed with the zoning board of appeals by the owners of the entire land to be included within the "special location plan". Said application shall contain the names of the 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 board of appeals that the applicants are the owners and encumbrancers of the designated land and structures; shall contain such information and representations required by this 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 provided.
(4)
Procedure for approval of special location; compliance with approved plan.
a.
All applications shall be reviewed by the zoning board of appeals, which shall forward its findings to the village board for final disposition.
b.
Upon approval of a special location plan, a copy of such plan shall be registered and recorded among the records of the village.
c.
All special location plans registered and recorded under this section shall be binding upon applicants for such special plans, and 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 plan to all conditions and limitations specified in such plan and the approval thereof. No change in use or operation of any land or structure subject to an approved special location plan shall be permitted unless the zoning board of appeals and village board determine that the change in use or operation does not alter the number of shared parking spaces or the terms and conditions of the approved plan.
d.
All special location plans registered and recorded under this section may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were approved, registered and recorded.
(e)
Upon application to the zoning board of appeals by the owner or owners of the entire land area included within any "special location plan" registered and recorded hereunder, the owner or owners of any structures then existing thereon and all encumbrances of said land and structures, any such plan may be withdrawn, either partially or completely, from registration and released from recording if all uses, land and structures remaining under such plan can be made to comply with all conditions and limitations of the plan and all uses, land and structures withdrawn from such plan can be made to comply with all regulations established by this title and unrelated to any "special location plan".
(Code 1981, § 10-10-1-3; Ord. No. 1228, §§ 1—3, 1-26-1999; Ord. No. 1812, §§ 1, 2, 11-21-2006)
(a)
Off-street parking space shall be provided for each use. However, two or more uses may jointly provide for one combined parking facility.
(b)
Where off-street parking space is combined and used jointly by two 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.
(c)
Where off-street parking space is combined and used jointly by two 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 division, 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.
(Code 1981, § 10-10-1-4)
Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be designed, developed and maintained in accordance with the following requirements:
(1)
In the residential districts, unless fully enclosed, parking areas shall be used only by vehicles up to three-fourths-ton manufacturer's capacity rating.
(2)
Parking areas shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, except when the zoning district allows such use.
(3)
Parking areas shall be provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. If such surfacing would be detrimental because of the excessive runoff of stormwater, the zoning board of appeals may direct such area to be left unpaved and designed to remain dustfree and attractive.
(4)
Parking areas shall be pitched and drained so as to prevent the flow of water from such areas onto adjoining property or onto streets or alleys that have no drainage facilities.
(5)
Off-street parking areas for more than four 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 as may be determined by the plan commission.
(6)
Parking areas shall be provided with entrances and exits not less than 12 feet and not more than 35 feet in width and so located as to minimize traffic congestion.
(7)
Reserved.
(8)
Where hazards exist which can be eliminated or lessened by lighting, the plan commission 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 so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
(9)
A 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.
(10)
Each off-street parking space shall have an area of not less than 180 square feet, exclusive of access drives or aisles, and shall be of useable shape and condition.
(11)
All open or unused areas shall be landscaped and continuously maintained.
(12)
Driveway aprons shall be constructed of eight-inch concrete with w.w.f. reinforcement when installed with off-street parking areas.
(Code 1981, § 10-10-1-5; Ord. No. 1375, § 10, 12-12-2001; Ord. No. 1719, § 1, 1-10-2006)
For purposes of this division, the following units of measurement shall apply:
(1)
Floor area. In the case of offices, merchandising or service types of uses, floor area shall mean the gross floor area or gross leasable area designed for tenant or owner occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet, measured from the centerlines of joint partitions and exteriors of outside walls. It shall not include areas used principally for utilities and space incidental to the management or maintenance of the building.
(2)
Seats or benches. A seat shall be the place intended for one individual. In places where patrons or spectators occupy benches, pews or other seating facilities, each 20 inches of such seating facilities shall be counted as one seat.
(3)
Employees. The number of employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one time.
(4)
Fractions. When units of measurement result in the requirement of a fractional space, any fraction shall require one parking space.
(Code 1981, § 10-10-1-6.A, C—E)
_____
At least the following numbers of useable off-street parking spaces shall be provided. Also, adequate provision for ingress, egress and maneuvering shall be provided.
OFF-STREET PARKING REQUIREMENTS
(Code 1981, § 10-10-1-7; Ord. No. 1199, §§ 2—17, 6-10-1998; Ord. No. 1374, § 2, 12-11-2001; Ord. No. 1414, §§ 2, 3, 9-11-2002; Ord. No. 1815, § 1, 10-8-2007; Ord. No. 1880, § 1, 10-8-2007; Ord. No. 1909, §§ 4—8, 1-21-2008; Ord. No. 1935, §§ 3, 4, 3-24-2008; Ord. No. 2399, § 4, 2-10-2014; Ord. No. 2850, § 2, 3-9-2020; Ord. No. 2966, §§ 7, 8, 1-10-2022; Ord. No. 3128, §§ 13, 14, 9-9-2024)
_____
Any application for a building permit or a certificate of occupancy shall include therewith a plot plan, drawn to scale and fully dimensioned, showing all parking facilities required by this chapter.
(Code 1981, § 10-10-1-8)
The plan commission may authorize on appeal a modification, reduction or waiver of the requirements in this division, if it should find that, in the particular case appealed, the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify such action.
(Code 1981, § 10-10-1-9)
Off-street loading space shall be required and maintained in connection with any building or part thereof, hereafter erected or altered, which is to be occupied by uses requiring the receipt or distribution of materials or merchandise.
(Code 1981, § 10-10-2-2)
Off-street loading space shall be located on the same lot as the structure for which provided.
(Code 1981, § 10-10-2-3)
The duty to provide the off-street loading space required in this division shall be the joint and several responsibility of the operator and owner of the structure for which off-street loading space is required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street loading space required in this division is provided in at least the amount set forth in this division; provided, however, that off-street loading space need not be provided for structures actually used, occupied and operated on the effective date hereof, unless, after such effective date, such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, so as to require a greater amount of off-street loading space than the amount of off-street loading space not required to be furnished by reason of the exclusion in this section, in which event the structures hereby excluded shall not be used, occupied or operated unless there is provided for the increment only of such structures, and maintained as required in this division, at least the amount of off-street loading space that would be required under this division if the increment were a separate structure.
(Code 1981, § 10-10-2-4)
Every parcel of land hereafter used for off-street loading space shall be designed, developed and maintained in accordance with the following requirements:
(1)
Loading spaces shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.
(2)
Loading spaces shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris.
(3)
Off-street loading spaces that adjoin or are across the street from property zoned for any residential use shall have a dense evergreen planting, fence, masonry wall or other screening, as may be determined by the plan commission. The plan commission shall also determine the height, location and density of screening used to provide adequate protection to adjoining property.
(4)
Loading spaces shall be provided with entrances and exits not less than 12 feet and not more than 35 feet in width and so located as to minimize traffic congestion.
(5)
No portion of a vehicle shall project into a street or alley while being loaded or unloaded.
(6)
Each off-street loading space shall be not less than ten feet in width, 25 feet in length and 12 feet in height, exclusive of access drives. When more than three spaces are required, the spaces other than the first three shall be 12 feet in width, 65 feet in length and 15 feet in height.
(7)
Off-street loading space may occupy all or any part of any required yard space, unless otherwise prohibited by this chapter.
(Code 1981, § 10-10-2-5)
At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress:
(Code 1981, § 10-10-2-6)
The plan commission may authorize, on appeal, modification, reduction or waiver of the requirements in this division, if it should find that, in the particular case appealed, the peculiar nature of the business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify such action.
(Code 1981, § 10-10-2-7)
Off-street stacking spaces shall be required and maintained in connection with any building or part thereof, hereafter erected or altered, which is occupied by uses providing drive-through service.
(Ord. No. 1414, § 4, 9-11-2002)
Off-street stacking spaces shall be located on the same lot as the structure for which provided.
(Ord. No. 1414, § 4, 9-11-2002)
The duty to provide the off-street stacking spaces required in this division shall be the joint and several responsibility of the operator and owner of the structure for which off-street stacking spaces are required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street stacking spaces required in the division are provided in at least the minimum amount set forth in this division; provided, however, that the required number of off-street stacking spaces need not be provided for structures actually used, occupied and operated on the effective date hereof, unless, after the effective date, such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, so as to require a greater amount of off-street stacking spaces than currently provided, in which event the structures shall not be used, occupied or operated unless the minimum amount of off-street stacking spaces required in this division are provided.
(Ord. No. 1414, § 4, 9-11-2002)
Every parcel of land hereafter used for off-street stacking spaces shall be designed, developed and maintained in accordance with the following requirements:
(1)
Stacking spaces shall be required to accommodate motor vehicles waiting for entry to any drive-through facility.
(2)
Stacking spaces shall be located in such a manner so as not to interfere with access or circulation to any off-street parking or loading space, or with traffic movement on adjacent public streets or alleys. Where stacking spaces are adjacent to an entrance/exit door to a building, adequate provisions to ensure the safety of pedestrians shall be taken.
(3)
Stacking spaces shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.
(4)
Stacking areas shall be provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. If such surfacing would be detrimental because of the excessive runoff of stormwater, the zoning board of appeals may direct such area to be left unpaved and designed to remain dustfree and attractive.
(5)
Stacking areas shall be pitched and drained so as to prevent the flow of water from such areas onto adjoining property or onto streets or alleys that have no drainage facilities.
(6)
Off-street stacking areas for more than four 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 as may be determined by the plan commission.
(7)
Stacking areas shall be provided with entrances and exits not less than 12 feet and not more than 35 feet in width and so located as to minimize traffic congestion.
(8)
Where hazards exist which can be eliminated or lessened by lighting, the plan commission 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 so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
(9)
Each off-street stacking space shall be not less than eight feet in width and eighteen feet in length, exclusive of access drives.
(Ord. No. 1414, § 4, 9-11-2002)
_____
At least the following amounts of off-street stacking spaces shall be provided, plus an area or means adequate for maneuvering, ingress and egress:
_____
OFF-STREET PARKING, LOADING AND STACKING7
Editor's note— Ord. No. 1414, § 1, adopted Sept. 11, 2002, changed the title of art. VI to read as herein set out.
Cross reference— Stopping, standing and parking generally, § 90-151 et seq.
The provisions of this article shall apply and govern in all zoning districts.
(Code 1981, §§ 10-10-1-1, 10-10-2-1)
(a)
The duty to provide and maintain off-street parking space shall be the joint and several 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 hereof, 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, structures 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 under this division if the increment were a separate land, structure or use established or placed into operation after the effective date hereof.
(c)
For all uses established or placed into operation after the effective date hereof, there shall be constructed, provided, preserved and maintained the amount of off-street parking space set forth in this division.
(d)
Whenever the intensity of use of any structure or premises shall be increased through the addition of dwelling units, gross floor area or seating capacity, additional parking as required in this division to provide for the expanded use shall be provided.
(e)
Whenever the existing use of a building, structure or land area is changed to a new use, parking facilities shall be provided as required by the new use. However, if the use existed prior to the effective date hereof, parking is required only in the amount that the new use would exceed the requirements for the existing use if the latter were subject to the parking provisions of this division.
(f)
Parking in existence on the effective date hereof, or that was 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 division for a new use.
(g)
All off-street parking space, whether or not required by this chapter and when provided in accordance with the provisions of this chapter or in accordance with the provisions of any former ordinance, shall be used, maintained and operated as required in this division.
(h)
Parking for all types of uses may be provided either in garages or open parking areas conforming with the provisions of this division.
(i)
Where sufficient existing public parking facilities are located so as to provide or supplement part or all of the required parking space, the zoning board of appeals may reduce the number of spaces required for a particular use or group of uses.
(j)
Parking may be with or without charge.
(k)
No vehicle shall be parked in any front yard except upon a regularly constructed driveway. Parking lots may be allowed in the front yard if authorized by the zoning board of appeals, and provided that the district does not require that the front yard be landscaped and that is it devoted to no other use, and further provided that the parking is in accord with the other provisions of this chapter.
(Code 1981, § 10-10-1-2)
Off-street parking space shall be located on the same lot as the use for which provided, except as otherwise specifically provided. Pursuant to the procedure set forth in this section, 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 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)
Separation from use. Off-street parking shall be located as specified in this sub-section. 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. Parking facilities shall not be separated from the building to be served by any public right-of-way unless the zoning board of appeals and village board determine that a safe pedestrian crossing is provided.
(2)
Sharing of space. Two or more uses may share the same off-street parking space if the schedules of operation of all such uses are such that none of the uses sharing the space require the off-street parking space at the same time as any other use sharing the space. Each such use that is sharing space shall be considered as having provided such shared space individually.
(3)
Application. All applications for approval of a "special location plan" hereunder shall be filed with the zoning board of appeals by the owners of the entire land to be included within the "special location plan". Said application shall contain the names of the 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 board of appeals that the applicants are the owners and encumbrancers of the designated land and structures; shall contain such information and representations required by this 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 provided.
(4)
Procedure for approval of special location; compliance with approved plan.
a.
All applications shall be reviewed by the zoning board of appeals, which shall forward its findings to the village board for final disposition.
b.
Upon approval of a special location plan, a copy of such plan shall be registered and recorded among the records of the village.
c.
All special location plans registered and recorded under this section shall be binding upon applicants for such special plans, and 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 plan to all conditions and limitations specified in such plan and the approval thereof. No change in use or operation of any land or structure subject to an approved special location plan shall be permitted unless the zoning board of appeals and village board determine that the change in use or operation does not alter the number of shared parking spaces or the terms and conditions of the approved plan.
d.
All special location plans registered and recorded under this section may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were approved, registered and recorded.
(e)
Upon application to the zoning board of appeals by the owner or owners of the entire land area included within any "special location plan" registered and recorded hereunder, the owner or owners of any structures then existing thereon and all encumbrances of said land and structures, any such plan may be withdrawn, either partially or completely, from registration and released from recording if all uses, land and structures remaining under such plan can be made to comply with all conditions and limitations of the plan and all uses, land and structures withdrawn from such plan can be made to comply with all regulations established by this title and unrelated to any "special location plan".
(Code 1981, § 10-10-1-3; Ord. No. 1228, §§ 1—3, 1-26-1999; Ord. No. 1812, §§ 1, 2, 11-21-2006)
(a)
Off-street parking space shall be provided for each use. However, two or more uses may jointly provide for one combined parking facility.
(b)
Where off-street parking space is combined and used jointly by two 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.
(c)
Where off-street parking space is combined and used jointly by two 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 division, 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.
(Code 1981, § 10-10-1-4)
Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be designed, developed and maintained in accordance with the following requirements:
(1)
In the residential districts, unless fully enclosed, parking areas shall be used only by vehicles up to three-fourths-ton manufacturer's capacity rating.
(2)
Parking areas shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, except when the zoning district allows such use.
(3)
Parking areas shall be provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. If such surfacing would be detrimental because of the excessive runoff of stormwater, the zoning board of appeals may direct such area to be left unpaved and designed to remain dustfree and attractive.
(4)
Parking areas shall be pitched and drained so as to prevent the flow of water from such areas onto adjoining property or onto streets or alleys that have no drainage facilities.
(5)
Off-street parking areas for more than four 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 as may be determined by the plan commission.
(6)
Parking areas shall be provided with entrances and exits not less than 12 feet and not more than 35 feet in width and so located as to minimize traffic congestion.
(7)
Reserved.
(8)
Where hazards exist which can be eliminated or lessened by lighting, the plan commission 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 so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
(9)
A 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.
(10)
Each off-street parking space shall have an area of not less than 180 square feet, exclusive of access drives or aisles, and shall be of useable shape and condition.
(11)
All open or unused areas shall be landscaped and continuously maintained.
(12)
Driveway aprons shall be constructed of eight-inch concrete with w.w.f. reinforcement when installed with off-street parking areas.
(Code 1981, § 10-10-1-5; Ord. No. 1375, § 10, 12-12-2001; Ord. No. 1719, § 1, 1-10-2006)
For purposes of this division, the following units of measurement shall apply:
(1)
Floor area. In the case of offices, merchandising or service types of uses, floor area shall mean the gross floor area or gross leasable area designed for tenant or owner occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet, measured from the centerlines of joint partitions and exteriors of outside walls. It shall not include areas used principally for utilities and space incidental to the management or maintenance of the building.
(2)
Seats or benches. A seat shall be the place intended for one individual. In places where patrons or spectators occupy benches, pews or other seating facilities, each 20 inches of such seating facilities shall be counted as one seat.
(3)
Employees. The number of employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one time.
(4)
Fractions. When units of measurement result in the requirement of a fractional space, any fraction shall require one parking space.
(Code 1981, § 10-10-1-6.A, C—E)
_____
At least the following numbers of useable off-street parking spaces shall be provided. Also, adequate provision for ingress, egress and maneuvering shall be provided.
OFF-STREET PARKING REQUIREMENTS
(Code 1981, § 10-10-1-7; Ord. No. 1199, §§ 2—17, 6-10-1998; Ord. No. 1374, § 2, 12-11-2001; Ord. No. 1414, §§ 2, 3, 9-11-2002; Ord. No. 1815, § 1, 10-8-2007; Ord. No. 1880, § 1, 10-8-2007; Ord. No. 1909, §§ 4—8, 1-21-2008; Ord. No. 1935, §§ 3, 4, 3-24-2008; Ord. No. 2399, § 4, 2-10-2014; Ord. No. 2850, § 2, 3-9-2020; Ord. No. 2966, §§ 7, 8, 1-10-2022; Ord. No. 3128, §§ 13, 14, 9-9-2024)
_____
Any application for a building permit or a certificate of occupancy shall include therewith a plot plan, drawn to scale and fully dimensioned, showing all parking facilities required by this chapter.
(Code 1981, § 10-10-1-8)
The plan commission may authorize on appeal a modification, reduction or waiver of the requirements in this division, if it should find that, in the particular case appealed, the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify such action.
(Code 1981, § 10-10-1-9)
Off-street loading space shall be required and maintained in connection with any building or part thereof, hereafter erected or altered, which is to be occupied by uses requiring the receipt or distribution of materials or merchandise.
(Code 1981, § 10-10-2-2)
Off-street loading space shall be located on the same lot as the structure for which provided.
(Code 1981, § 10-10-2-3)
The duty to provide the off-street loading space required in this division shall be the joint and several responsibility of the operator and owner of the structure for which off-street loading space is required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street loading space required in this division is provided in at least the amount set forth in this division; provided, however, that off-street loading space need not be provided for structures actually used, occupied and operated on the effective date hereof, unless, after such effective date, such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, so as to require a greater amount of off-street loading space than the amount of off-street loading space not required to be furnished by reason of the exclusion in this section, in which event the structures hereby excluded shall not be used, occupied or operated unless there is provided for the increment only of such structures, and maintained as required in this division, at least the amount of off-street loading space that would be required under this division if the increment were a separate structure.
(Code 1981, § 10-10-2-4)
Every parcel of land hereafter used for off-street loading space shall be designed, developed and maintained in accordance with the following requirements:
(1)
Loading spaces shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.
(2)
Loading spaces shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris.
(3)
Off-street loading spaces that adjoin or are across the street from property zoned for any residential use shall have a dense evergreen planting, fence, masonry wall or other screening, as may be determined by the plan commission. The plan commission shall also determine the height, location and density of screening used to provide adequate protection to adjoining property.
(4)
Loading spaces shall be provided with entrances and exits not less than 12 feet and not more than 35 feet in width and so located as to minimize traffic congestion.
(5)
No portion of a vehicle shall project into a street or alley while being loaded or unloaded.
(6)
Each off-street loading space shall be not less than ten feet in width, 25 feet in length and 12 feet in height, exclusive of access drives. When more than three spaces are required, the spaces other than the first three shall be 12 feet in width, 65 feet in length and 15 feet in height.
(7)
Off-street loading space may occupy all or any part of any required yard space, unless otherwise prohibited by this chapter.
(Code 1981, § 10-10-2-5)
At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress:
(Code 1981, § 10-10-2-6)
The plan commission may authorize, on appeal, modification, reduction or waiver of the requirements in this division, if it should find that, in the particular case appealed, the peculiar nature of the business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify such action.
(Code 1981, § 10-10-2-7)
Off-street stacking spaces shall be required and maintained in connection with any building or part thereof, hereafter erected or altered, which is occupied by uses providing drive-through service.
(Ord. No. 1414, § 4, 9-11-2002)
Off-street stacking spaces shall be located on the same lot as the structure for which provided.
(Ord. No. 1414, § 4, 9-11-2002)
The duty to provide the off-street stacking spaces required in this division shall be the joint and several responsibility of the operator and owner of the structure for which off-street stacking spaces are required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street stacking spaces required in the division are provided in at least the minimum amount set forth in this division; provided, however, that the required number of off-street stacking spaces need not be provided for structures actually used, occupied and operated on the effective date hereof, unless, after the effective date, such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, so as to require a greater amount of off-street stacking spaces than currently provided, in which event the structures shall not be used, occupied or operated unless the minimum amount of off-street stacking spaces required in this division are provided.
(Ord. No. 1414, § 4, 9-11-2002)
Every parcel of land hereafter used for off-street stacking spaces shall be designed, developed and maintained in accordance with the following requirements:
(1)
Stacking spaces shall be required to accommodate motor vehicles waiting for entry to any drive-through facility.
(2)
Stacking spaces shall be located in such a manner so as not to interfere with access or circulation to any off-street parking or loading space, or with traffic movement on adjacent public streets or alleys. Where stacking spaces are adjacent to an entrance/exit door to a building, adequate provisions to ensure the safety of pedestrians shall be taken.
(3)
Stacking spaces shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.
(4)
Stacking areas shall be provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. If such surfacing would be detrimental because of the excessive runoff of stormwater, the zoning board of appeals may direct such area to be left unpaved and designed to remain dustfree and attractive.
(5)
Stacking areas shall be pitched and drained so as to prevent the flow of water from such areas onto adjoining property or onto streets or alleys that have no drainage facilities.
(6)
Off-street stacking areas for more than four 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 as may be determined by the plan commission.
(7)
Stacking areas shall be provided with entrances and exits not less than 12 feet and not more than 35 feet in width and so located as to minimize traffic congestion.
(8)
Where hazards exist which can be eliminated or lessened by lighting, the plan commission 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 so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
(9)
Each off-street stacking space shall be not less than eight feet in width and eighteen feet in length, exclusive of access drives.
(Ord. No. 1414, § 4, 9-11-2002)
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At least the following amounts of off-street stacking spaces shall be provided, plus an area or means adequate for maneuvering, ingress and egress:
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