The purpose of this chapter is to alleviate or prevent congestion of the public streets and to eliminate the on street parking or storage of vehicles, thereby promoting the public safety and welfare by requiring, in connection with the development of land, including any new construction, reconstruction, or remodeling, that off street parking and loading of motor vehicles be provided in accordance with the use to which the property is put and its location in the village. (Ord. 2005-04, 5-16-2005)

   (A)   Procedure: An application for a zoning use permit for a new or enlarged building, structure or use shall include therewith a plot plan in duplicate, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with the requirements of this chapter.

   (B)   Extent Of Control: The off street parking and loading requirements shall apply as follows:

      1.   All buildings and structures erected and land uses initiated after the effective date of this zoning code shall provide accessory off street parking or loading facilities as required hereinafter for the use thereof.

      2.   When a building or structure erected prior to or after the effective date of this zoning code shall undergo any decrease in number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measurement specified hereinafter for required parking or loading facilities and further, when said decrease would result in a requirement for fewer total parking or loading spaces through application of the provisions of this chapter, thereto, parking and loading facilities may be reduced accordingly, provided that existing parking or loading facilities shall be so decreased only when the facilities remaining would at least equal or exceed the parking or loading requirements resulting from application of the provisions of this chapter to the entire building or structure as modified.

      3.   When a building or structure shall undergo any increase in the number of dwelling units, gross floor area, seating capacity, or other unit of measurement specified hereinafter for required parking or loading facilities, and further, when said increase would result in a requirement for additional total parking or loading spaces through application of the provisions of this chapter thereto, parking and loading facilities shall be increased accordingly so that the total shall at least equal the parking or loading requirements resulting from application of the provisions of this chapter to the entire building or structure as modified.

   (C)   Existing Parking And Loading Spaces: Accessory off street parking and loading spaces in existence on the effective date of this zoning code may not be reduced in number unless already exceeding the requirements of this chapter for equivalent new construction; in which event, said spaces shall not be reduced below the number required herein for such equivalent new construction.

   (D)   Additional Parking And Loading Spaces: Nothing in this chapter shall prevent the establishment of off street automobile parking or loading facilities to serve any existing use of land or buildings, subject to full compliance with the provisions of this chapter, except that off street parking areas accessory to existing multiple-family structures cannot be located off the premises containing the main use, unless on a lot adjacent thereto, without authorization by the village board.

   (E)   Damage Or Destruction: Any building, structure or use which is in existence and is a nonconforming use on the effective date of this zoning code and which subsequently shall be damaged or partially destroyed by fire, collapse, explosion, or other cause shall not be reconstructed, reestablished, or repaired unless off street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored and continued in operation. However, it shall not be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new construction.

   (F)   Open Area: Except when specifically allowed by the provisions of this zoning code, parking of any vehicle shall not be permitted on any open area of a parcel or lot, including a street right of way, unless such vehicle is properly parked on the designated driveway area or other paved parking area that is in compliance with this chapter or on the paved portion of a street right of way in any zoning districts except B-2 general retail business district. However, during the construction, remodel, alteration, or repair of a structure or use on any parcel or lot, vehicles may be parked on any open area of such parcel or lot provided the vehicle does not create a hazardous or unsafe condition. (Ord. 2005-04, 5-16-2005)

   (A)   Requirements governing the number of off street parking and loading spaces in relation to the use of property are as set forth in the following table and are deemed to be minimum requirements. The requirements for any use not specified therein shall be the same as for a similar specified use, as determined by the zoning board.

      Minimum Required   Minimum Required

   Use   Parking Spaces   Loading Spaces

Banks, business or   1 per 400 square feet   1 space per 100,000

professional offices   of floor area   square feet of floor

      area or major fraction

      thereof

Bowling alleys   5 per alley   1 space per 100,000

      square feet of floor

      area or major fraction

      thereof

Churches, school   1 space per 5 individual       0

auditoriums, stadiums,   seats

sports arenas, indoor

theaters

Other places of   1 space per 75 square        0

assembly without   feet gross floor area

fixed seating

Dwellings   2 per dwelling unit       0

Hospitals, sanitariums,   1 for each 4 beds, plus   1 space for 40,000

convalescent homes,   1 for each staff and   square feet of floor

nursing homes   visiting doctor, plus 1   area plus 1 space for

   for each 3 other   each additional

   employees   100,000 square feet

      of floor area

Hotels, motels, clubs   1 per 3 guests or        0

   1 per sleeping unit

Lodging houses   1 per 3 guests, plus 1    0

   for manager

Manufacturing and   1 per 2 employees per    1 for first 40,000

industrial uses,   shift based on the    square feet of floor

warehousing,   largest shift   area plus 1 for each

research and      additional 100,000

test labs      square feet

Medical, dental   5 spaces per doctor    0

clinics   engaged at the clinic

Mobile home courts   2 per mobile home lot   0

Mortuaries, funeral   1 space per 50 square    1

parlors   feet of floor space in

   chapels and parlors

Private clubs (without   Parking spaces equal    1

sleeping rooms)   to 25 percent of total

   membership or 1 space

   for every 400 square

   feet of floor area,

   whichever is greater

Retail stores and   1 per 300 square feet    1 space per 100,000

shops   of floor area   square feet of floor

      area or major fraction

      thereof

   (B)   All required off street parking and loading shall be on the same lot with the establishment or on an immediately adjacent lot, which may include a lot across a street therefrom provided the street is not a major thoroughfare, unless otherwise authorized by the village board.

   (C)   Adequate accessways shall be provided for ingress and egress to the parking area. The term "accessway" as used in this zoning code shall include driveways and driveway approaches that cross a street right of way.

   (D)   For the purposes of this chapter, a parking space shall be deemed an area of not less than one hundred seventy (170) square feet, at least eight feet six inches (8'6") in width and not less than twenty feet (20') in length.

   (E)   All parking areas and accessways to the parking areas in a B-1 central business district, a B-2 general retail business district, and an I-1 industrial district shall be paved and maintained with an all weather durable and dustless bituminous pavement or concrete pavement surface. Such pavement shall have adequate cross section and rock base to support the vehicles expected to use the parking area. Such pavement shall be maintained at all times in good and safe structural condition. Uncovered parking spaces shall not be closer than three feet (3') to any street right of way. Any lawful parking areas and accessways existing at the effective date of the adoption of the amendment to the zoning code that adopted this provision of the zoning code, which would not be permitted under the terms of this provision of the zoning code, or subsequent amendment thereto, is declared to be a legal nonconforming parking area and accessway. Although property owners are encouraged to comply with the provisions of this section, any such nonconforming parking area and accessway shall remain a legal nonconforming use subject to the conditions and provisions set forth in chapter 11 of this title. Furthermore, in addition to the conditions and provisions set forth in section 10-11-3 of this title, any changes or reconfiguration made to: 1) a legal nonconforming use under this section, other than routine maintenance and upkeep, or 2) the exterior footprint of the main structure on the property upon which the legal nonconforming use exists, shall terminate the legal nonconforming use and the requirements of this section must be met for the changed or reconfigured portion of the parking area or accessway. Additionally, if the main structure on the property upon which the legal nonconforming use under this section exists is substantially destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, such legal nonconforming use shall terminate and the requirements of this section must be met for the parking area or accessway on the affected property.

   (F)   All accessways for residential districts shall comply with the provisions of section 8-1-9 of this code. All parking areas and accessways in residential districts shall be clearly marked or defined for use as a parking area or accessway.

   (G)   The parking area and accessways shall be installed and available for use prior to the establishment of the use of any parcel or lot. Also, parking areas and accessways shall be properly maintained at all times in good and safe structural condition for vehicular and pedestrian traffic and shall not emit dust in a manner that affects adjacent or neighboring properties.

   (H)   Any lighting for the parking area shall be arranged and maintained so that the light does not shine directly upon any adjacent property or street and does not produce excessive glare.

   (I)   An adequate paved accessway for pedestrian traffic from each structure or use to the parking area, street, or alley shall be provided. (Ord. 2005-09, 12-19-2005)