The provisions of this chapter shall apply as follows:

A.

Existing Facilities.

1.

Existing off-street parking and loading facilities shall not be reduced below the requirements of this Chapter. If such existing facilities are already less than the requirements of this chapter they shall not be further reduced.

2.

Existing off-street parking and loading facilities which do not conform to the requirements of this Chapter, but were in conformance with the requirements of this Ordinance at the time the parking or loading facilities were established, are permitted to continue as legal nonconforming uses.

3.

Where a building permit has been issued prior to the effective date of this Ordinance, and provided that construction is commenced within one year of such date and diligently pursued to completion, parking and loading facilities shall be provided in the amounts required for the issuance of said building permit, regardless of the amount required by this Chapter.

B.

Damage or Destruction. When a building is reconstructed or repaired after being damaged or destroyed by over fifty (50) percent of replacement value, off-street parking and loading facilities shall be restored in conformance with the requirements of this Ordinance. However, it shall not be necessary to restore or maintain parking and loading facilities in excess of the applicable requirements of this Chapter.

C.

Change in Land Use. When an existing use of a building, structure or parcel of land is changed to a new use, parking and loading spaces shall be provided as required for such new use. Additional parking or loading spaces shall be required in the amount by which the requirements for the new use exceed the requirements for the existing use.

D.

Change in Intensity of Use.

1.

When the intensity of use of any building, structure, or parcel of land is increased, additional parking and loading spaces shall be provided. The number of additional parking and loading spaces shall be based on the increase in the number of dwelling units, gross floor area, seating capacity, or other unit of measurement used to calculate the number of required number of parking or loading spaces. Any parking area that must be provided to respond to an increased intensity of use must comply with the design requirements of Section 13.8 (Design of Off-Street Parking Spaces).

2.

When the intensity of use of any building, structure, or parcel of land is decreased, the number of parking and loading spaces may be reduced so long as the parking requirements of this chapter are met for the entire building, structure, or parcel of land as modified.

E.

Provision of Additional Spaces. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities, provided that all regulations governing the location, design, and control of such facilities shall be in accordance with this chapter.

F.

Limitations on Use. No motor vehicle repair or cleaning of any kind shall be permitted in any parking space, parking lot, or loading berth, except for residential uses in residential zoning districts. No gasoline, motor oil, or any other accessory or similar product shall be sold or dispensed in such areas.

G.

Control of Off-Site Parking Facilities. Where required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and shall remain available for the use of the occupant of the zoning lot for as long as the use is maintained on such zoning lot. No such off-site parking facilities shall be authorized and no occupancy certificate shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Village Board has reviewed the plans and heard the applicant. The Village Board shall make findings that the availability of the parking facilities are reasonably certain to continue and that the off-street parking facilities will be maintained at all times during the life of the proposed use or buildings on the zoning lot.

H.

Use of Residential Parking Facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this section shall be used for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of such occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of any business or manufacturing establishment. Vehicles which are no longer in use or operation shall not be parked unless located in a fully enclosed structure.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

The total number of required parking and loading spaces shall be based upon the requirements for the principal use of the lot. However, when more than one use occupies the same lot, the number of required spaces shall be the sum of the separate requirements for each use in accordance with Section 13.5 (Shared Parking). All off-street parking facilities shall be completed before occupancy of the building or structure served. In computing the number of off-street parking or loading spaces required by this Chapter, the following standards for computation shall apply:

A.

Space allocated to any off-street loading space shall not be used to satisfy the requirement for any off-street parking space or access aisle, or portion thereof. Conversely, the area allocated to any off-street parking space shall not be used to satisfy the replacement for any off-street loading space or portion thereof.

B.

A fraction of less than one-half may be disregarded and a fraction of one-half or more shall be counted as one parking or loading space.

C.

In places of assembly in which patrons or spectators occupy benches, pews, or similar seating facilities, each twenty-four (24) inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking facilities.

D.

Except as otherwise specified, parking or loading spaces required on an employee basis shall be based on the maximum number of employees normally present on the premises at any one time. When the determination of the number of parking spaces is based on the number of employees, the owner and/or manager shall be counted as an employee(s).

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

Occupancy Permits. Off-street parking and loading facilities required by this chapter shall be completed prior to the issuance of the occupancy permit for the use they serve. If weather conditions do not permit such completion, the Community Development Director may issue a temporary occupancy permit in accordance with the requirements of Section 4.5 (Occupancy Permit).

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 13-07-15-03, § 1, 7-15-2013)

Off-street parking spaces for separate uses may be provided collectively if the aggregate number of spaces provided is not less than the sum of the spaces required for each use separately in accordance with Section 13.5 (Shared Parking). No parking or loading space, or portion thereof, shall serve as the required space for more than one use.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

An off-street parking facility may be shared between two or more uses, provided that use of such facility by each user does not occur at the same time. No shared use of parking spaces shall be permitted unless:

A.

The users of the shared parking facility shall sign an agreement, approved by the Village Attorney, expressing the intent to share parking facilities and shall file this agreement with the Village. Any such agreement shall apply to the property of concern regardless of change in ownership and shall be recorded by the Kane County Recorder's Office.

B.

Approval is obtained from the Community Development Director that confirms that the use of such facility by each user does not take place at the same hours during the same days of the week.

C.

The location and design requirements of this chapter are met.

D.

Any subsequent change in ownership or use shall require proof that the minimum parking requirements, per this chapter, have been met for each use. The new owner of a building or use shall have sixty (60) days within which to accommodate all required off-street parking or to apply for a variation. If the owner is unable to accommodate the parking or fails to apply for a variation, then the occupancy permit shall be revoked with respect to the building or use for which the separate parking was required. The occupancy permit shall be reinstated when all applicable provisions of this chapter are complied with. As an alternative to a variation, a new shared parking agreement may be arranged in accordance with this section.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

All required parking spaces for residential uses shall be located on the same lot as the building or use served. No parking is allowed in any required yard except in the following cases:

1.

Parking shall be permitted on private residential driveways. No such parking may encroach onto the public right-of-way.

2.

Parking for three-unit or multi-unit dwellings may be located within (i.e., may encroach into) the required rear yard.

B.

All required parking for nonresidential uses shall be located on the same lot as, or within six hundred (600) feet walking distance of, the building or use served. However, off-street parking accessory to a nonresidential use shall not be located in a residential zoning district.

C.

In the B-1, B-2 and B-3 Business Districts, the parking of trucks when used in the conduct of a permitted use cannot exceed class D license plates and may not be located in a front or corner side yard.

D.

In the O-R District, unenclosed truck parking cannot exceed class D license plates when located within seventy-five (75) feet of the boundary of residential zoning district.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 13-06-17-02, § 1, 6-17-2013; Ord. No. 13-07-15-03, § 1, 7-15-2013)

Where parking facilities are located on a lot separate from the building or use served, the owner of the lot containing the building or use shall demonstrate the right to maintain and use such parking by any of the following:

A.

The lot containing the building or use served and the lot containing the parking shall have the same owner of record.

B.

The owner of record of the lot containing the building or use served shall have a recorded lease, license, easement, covenant, proof of prescriptive right or other written agreement for the lot containing the parking.

C.

If the owner of a building or use no longer has the right to maintain or use parking facilities on a separate lot (for example, when a lease expires and is not renewed), the owner of a building or use shall have one hundred eighty (180) days within which to accommodate all required off-street parking or to apply for a variation. If the owner is unable to accommodate the parking or fails to apply for a variation, then the occupancy permit shall be revoked with respect to the building or use for which the separate parking was required. The occupancy permit shall be reinstated when all applicable provisions of this chapter are complied with, or a variation to this provision is granted in accordance with Section 4.2 (Variation).

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

All off-street parking facilities shall comply with the following standards:

A.

Dimensions. Off-street parking spaces shall be at least nine feet in width and eighteen and one-half (18.5) feet in length exclusive of access drives or aisles. Parking spaces shall have a minimum vertical clearance of seven feet. See Figure 13-1: Parking Space Dimensions.

FIGURE 13-1: PARKING SPACE DIMENSIONS

B.

Access.

1.

Each off-street space shall open directly upon an aisle or driveway of such width as will provide adequate means of vehicular access to such parking space.

2.

All required off-street parking facilities shall have vehicular access from a street, alley, driveway or cross-access connection.

3.

Within off-street parking facilities one-way traffic aisles shall be at eighteen (18) feet in width and two-way traffic aisles shall be at least twenty-four (24) feet in width. Furthermore, all aisles shall be designed in accordance with Figure 13-2: Off-Street Parking Dimensions.

FIGURE 13-2: OFF-STREET PARKING DIMENSIONS

FIGURE 13-2: FOOTNOTES

¹

Two-way traffic permitted

²

A module is defined as a drive aisle with automobiles parked on each side of the drive aisle.

4.

Driveways.

a.

Residential Driveways, Excluding Multi-Unit. No garages shall be erected without paved driveway access. A residential driveway shall be no wider than twenty (20) feet at the property line, twenty-three (23) feet at the curb and a maximum of thirty (30) feet within the confines of the property. The driveway shall be setback no less than five feet from the nearest lateral property line, unless access is required to a detached garage or parking pad located in the rear of a lot.

b.

Multi-Unit and Nonresidential Driveways. Except for access to loading berths, no driveway shall have a width exceeding twenty four (24) feet.

C.

Surfacing. All open off-street parking areas shall be improved with a hard surfaced, all-weather dustless material as approved by the Village.

1.

For all residential uses surfacing shall consist of either eight-inch compacted aggregate base with a two-inch bituminous wearing surface, or four-inch compacted aggregate base with a five-inch air entrained six-bag Portland cement concrete and 6×6 No. 6 welded wire reinforcing, unless varied by the Village.

2.

For business and industrial uses, driveways that will be required to carry heavy loads shall consist of either ten-inch compacted aggregate base with a two-inch bituminous binder course and two-inch bituminous surface course, or eight-inch compacted aggregate base with a six-inch air entrained six-bag Portland Cement and 6×6 No. 6 wire reinforcing, unless varied by the Village.

3.

Semi-pervious materials such as grass-crete and brick pavers may also be used.

D.

Striping. Parking lots of four or more spaces shall delineate parking spaces with paint or other permanent materials, which shall be maintained in clearly visible condition. Parking spaces for handicapped persons shall be identified with the appropriate sign and shall be visible at all times of the year, regardless of snow cover, plant growth, or similar conditions.

E.

Curbing and Bumper Stops. Bumper stops, wheel stops, or curbing shall be provided to prevent vehicles from damaging or encroaching upon any adjacent parking or loading space, sidewalk, landscaped area or parking lot island, fence, wall, or building. Curbing shall be at least six inches in height. Regardless of bumper stops or wheel stops, the length of the parking stall shall be eighteen and one half (18.5) feet. Any new parking lots built after the adoption of this Ordinance shall have continuous curbing around the perimeter of the lot with the exception of entrance and exit drives. The requirements of this section do not apply to single-family, two-family and townhouse dwellings.

F.

Slope. Except for parking spaces accessory to a single-family dwelling, no area of any parking facility shall have a slope of more than five percent. Single family residences shall have a slope of no more than eight percent. No pedestrian access ramp shall have a slope of more than eight percent.

G.

Lighting. Parking lot lighting shall be in accordance with Section 12.2 (Exterior Lighting). Illumination of an off-street parking area shall be arranged so as to deflect the direct rays of light away from adjacent properties and streets. All lighting shall be extinguished no later than thirty (30) minutes after the close of business of the use being served, except as may be otherwise authorized by the Village Board. All lighting shall comply with the performance standards relative to glare.

H.

Landscaping. All parking lots shall be landscaped in accordance with Chapter 14: Landscaping and Screening.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 13-06-17-02, § 1, 6-17-2013; Ord. No. 13-10-07-01, § 1, 10-7-2013)

A.

Required Spaces. In all off-street parking facilities, except single-family dwellings, where parking is provided for employees, visitors, or both, parking spaces for disabled persons shall be provided. The number of accessible parking spaces shall be included in the total number of required parking spaces and shall be in accordance with the applicable requirements of the Illinois Accessibility Code, as amended from time to time, and all additional governing codes and applicable laws.

B.

Dimensions and Design. Such spaces shall comply with the design standards presented in the Illinois Accessibility Code, provided that in no instance shall the width of any one space be less than sixteen (16) feet. Such spaces shall be identified by a sign and pavement markings indicating parking for the disabled only. Such spaces shall be the spaces closest to the entrance of the building or structure, and shall be connected by a paved surface designed to provide safe and easy access.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

Design. Stacking spaces provided for drive-through uses shall be:

1.

A minimum of nine feet in width, as measured from any service window to the outside edge of the driveway, and eighteen (18) feet in length. See Figures 13-5: Stacking Space Design and Figure 13-6: Drive-Aisle Width.

2.

Placed in a single line or double line behind the drive-through facility.

3.

Located so that, when in use, they do not obstruct ingress/egress to the site and do not obstruct access to required parking or loading spaces.

4.

For a car wash, stacking spaces shall begin behind the last vehicle being washed. For all other drive-in uses, stacking spaces shall begin behind the vehicle parked at a last point of service, such as a window.

FIGURE 13-5: STACKING SPACE DESIGN

FIGURE 13-6: DRIVE-AISLE WIDTH

B.

Required Spaces. Every drive-through facility shall provide a minimum of three stacking spaces per facility, unless otherwise required by Table 13-1: Required Off-Street Parking or this Ordinance.

C.

Reduction of Required Spaces. The number of required stacking spaces may be reduced during the site plan review process if the petitioner presents a study with quantifiable evidence (e.g., comparable information) which demonstrates that a different requirement should be imposed. The approval of a reduced number of stacking spaces shall apply only to the specific use for which the study was conducted.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

The following restrictions shall apply to the parking or storage of commercial vehicles on property zoned for residential use.

A.

No commercial vehicles, as defined in Section 16.3, shall be parked or stored on any residential premises, except under the following conditions.

1.

Commercial vehicles are permitted to park in residential districts when making a delivery or providing a service adjacent to such residential premises.

2.

Commercial vehicles that are parked or stored in an enclosed structure a fully enclosed permanent structure. Temporary storage tents for commercial vehicles shall not be considered a permanent structure.

B.

Commercial vehicle parking may be approved as a special use subject to Section 4.3 (Special Uses). If approved, the special use shall be limited to the particular vehicle and property for which the special use is sought and shall apply only to the applicant and shall not be assignable or transferable.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 24-02-19-01, § 2, 2-19-2024)

For the purposes of this section, recreational vehicles shall include campers, motor homes, boats (and other watercraft), pop-up campers, and utility trailers.

A.

No recreational vehicle shall be parked on or over public right-of-way between the hours of 10:00 p.m. and 6:00 a.m.

B.

No more than one recreational vehicle shall be parked or stored on a residential premises at any given time.

C.

No recreational vehicle shall be parked on residential premises except during the following periods:

1.

Thursday 6:00 p.m. through Monday noon.

2.

April 1 through April 15 and October 15 through October 30.

3.

Upon written request by permit issued by the code enforcement office for a continuous period not to exceed fourteen (14) days for the parking of recreational vehicles owned by temporary house guests. Such special circumstance permits shall be limited to one per guest family during each six-month period during the calendar year.

4.

Recreational vehicles may be stored behind the front building elevation on a residential lot, subject to any parking restrictions included in the Zoning Ordinance. For the purposes of this section, the "front building elevation" shall also include any building frontage along a corner side yard.

D.

There shall be no limit to the number of recreational vehicles being parked or stored in a fully enclosed permanent structure. Temporary storage tents for recreational vehicles shall not be considered a permanent structure.

E.

All parking and storing of recreational vehicles shall be on a hard surface as identified in Section 13.8(C).

F.

No recreational vehicle shall be used for living, sleeping, or housekeeping purposes in any zoning district.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 13-10-07-02, § 1, 10-7-2013; Ord. No. 14-04-21-02, § 1, 4-21-2014; Ord. No. 22-03-21-01, § 2, 4-21-2022; Ord. No. 24-02-19-01, § 3, 2-19-2024)

The minimum number of off-street parking spaces to be provided for the designated uses shall be as follows in Table 13-1: Requirements for Off-Street Parking These specific uses are listed only for the purposes of this section and do not indicate whether such uses are permitted or special uses within any district.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 14-04-21-01, § 4, 4-21-2014; Ord. No. 15-04-06-01, § 5, 4-6-2015; Ord. No. 17-02-06-04, § 2, 2-6-2017)

Off-street loading spaces shall be provided for a building, structure, or use which requires the receipt or distribution of materials or merchandise by trucks or other vehicles larger than eighteen (18) feet in length, in accordance with Table 13-2: Off-Street Loading Requirements:

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

Location.

1.

All off-street loading spaces shall be located on the same lot as the building or use served and shall not project into a street or alley.

2.

Off-street loading spaces shall be located at least twenty-five (25) feet from the intersection of any two streets.

3.

Off-street loading spaces shall not be located in any front or corner side yard.

4.

All off-street loading spaces shall be located a minimum of fifty (50) feet from the lot line of any lot in a residential zoning district.

5.

Off-street loading spaces in industrial districts for vehicles of more than two-ton capacity shall not be located within any yard abutting a residence district or within forty (40) feet of the lot line abutting a street which at the place of abutment fronts on a residence district.

6.

Screening requirements for off-street loading spaces can be found in Section 14.11.B (Loading Spaces).

B.

Dimensions. All required off-street loading spaces shall be at least twelve (12) feet in width and at least thirty (30) feet in length, exclusive of aisle and maneuvering space, and shall have a minimum vertical clearance of at least fifteen (15) feet.

C.

Access Control and Signage. Each required off-street loading space shall be designed with adequate means of vehicular access to a street or alley in a manner which will minimize interference with traffic movement and shall be subject to the approval of the Community Development Director.

D.

Lighting. Loading facility lighting shall be in accordance with Section 12.2 (Exterior Lighting). Illumination of an off-street loading facility shall be arranged so as to deflect the direct rays of light away from adjacent properties and streets.

E.

Landscaping and Screening. All loading spaces shall be landscaped and screened in accordance with Section 14.11 (Screening Requirements).

F.

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 crossing streets or alleys at grade.

2.

Total spaces provided shall meet the requirements based on the sum of the several types of uses served. (The total area of use types may be used to compute the number of loading berths).

3.

No zoning lot served shall be more than five hundred (500) feet from the central loading area.

4.

The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than eight feet in width and have a clearance of not less than eight feet.

G.

Minimum Facilities. Each loading space for retail, office or research buildings containing less than seven thousand (7,000) square feet of gross floor area shall be exempt from loading requirements, but provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive, or open space on the same zoning lot.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)