Shorewood City Zoning Code
ARTICLE IX
Off-Street Parking
§ 535-45 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A motor vehicle, legally allowed for use on the public street, designed and used primarily for carrying persons, for recreational or personal purposes, but which does not include a motor bus, motorcycle, moped or motor bicycle.
The greatest number of persons to be employed at any one period during the day or night on the premises.
Unless otherwise specified herein, the sum of the gross horizontal area of the several floors of the building or structure, excluding all areas that are devoted exclusively to storage or other accessory uses; all horizontal dimensions shall be measured from the inside of the exterior walls.
A vehicle designed to be driven or drawn upon a highway by a motor vehicle and designed, equipped and used or intended to be used primarily for sleeping, eating and living quarters, and shall include trailers, campers, motor homes and the like.
Housing facilities for more than two households, including apartment houses, cooperatives, condominiums, row houses, townhouses and similar dwellings.
The act of spreading or depositing stones, rocks, loose materials or dust from or upon said parking facilities, lots or spaces; or permitting, causing or making disturbing noises resulting from the use of said parking facilities, lots or spaces; or lighting of said parking facilities, lots or spaces or the use of vehicular lights which shall be so bright or glaring as to disturb the comfort, quiet and repose of persons in the vicinity; or permitting, causing or allowing said parking facilities, lots or spaces or surrounding areas or vehicles parked or stored thereon to become unsightly or in disrepair due to inadequate maintenance. Each such act is hereby declared to be detrimental to the public health, safety and welfare.
Any place which is devoted primarily to the maintenance and operation of facilities for the care of the elderly, chronically ill, infirm individuals or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three or more persons, not members of the household residing on the premises, are received and provided with food, shelter and care, but such facilities shall not include hospitals, clinics, diagnostic treatment centers, or other like uses.
An area used for the parking of vehicles contained in a building or structure designed or adopted for the purpose of parking vehicles, or an area of land where the parking of vehicles is permitted under Village ordinances and subject to all of the provisions and conditions thereof.
Any outdoor area or uncovered plot, place or parcel of land or any portion thereof where more than two vehicles may be parked, but shall not include approved driveways thereunder, and shall be permitted in accordance with the provisions of § 535-25F(1) of this chapter.
An area used for the parking of an automobile.
Parking spaces and adjacent access drives, aisles and ramps that are located in a structure with two or more levels where the parking structure is not the principal use of the premises; this term may include parking spaces that are integrated into a larger structure that houses the principal use of the premises.
An addition that adds 25% or more to the building's total floor area or 2,500 square feet, whichever is less.
Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, and shall include boats and mobile homes but not bicycles for which separate storage space shall be provided.
§ 535-46 Applicability and authority to require parking facilities.
Unless otherwise specified, the provisions of this chapter related to required parking facilities, lots or spaces shall apply only to new buildings or structures, substantially enlarged buildings or structures or changes in use classification. However, all facilities, lots or spaces used for the parking of vehicles shall be used, maintained, and operated as required under this chapter.
A.
Building and occupancy permits.
(1)
No building permit shall be issued for a new building or for a substantial enlargement to any existing building, unless there is included with the application and plans for such structure or enlargement a plan showing the required off-street parking spaces, in accordance with § 535-47 hereof.
(2)
No occupancy permit shall be issued involving a change of use classification, unless the required parking spaces shall have been provided on the approved plan or as hereinafter allowed.
(3)
The maximum number of parking spaces which may be included within a parking lot is 100 parking spaces. Where the total required parking under § 535-47 exceeds 100 spaces, no permit may be issued unless the plans for construction, alteration or enlargement include a parking structure as part of the plan. At a minimum, 50% of the total required parking spaces shall be in the structure. Where the parking structure borders or fronts the street, at least 50% of the street level area shall be occupied by one or more permitted uses or uses otherwise approved.
B.
A permit shall be obtained by an owner or agent for the construction of any parking space, parking lot, parking facility, or appurtenance thereto, and for any driveway. A permit fee as provided by the Village Fee Schedule shall be payable upon the filing of an application for such permit.
§ 535-47 Schedule of requirements.
A.
Dwelling and lodging uses.
(1)
Apartment hotels, hotels, motels and private clubs: one parking space per room or suite of rooms comprising a lodging unit, plus such additional spaces as may be required herein for affiliated uses, such as restaurant and bar facilities, meeting rooms and retail sales areas.
(2)
Multiunit residential buildings: 1.00 parking space per dwelling unit.
(a)
A minimum of 50% of parking in areas defined as river shorelands [See § 535-24K(3).] shall be underground or in an enclosed parking facility.
(b)
All required parking for multiunit residential buildings, except guest parking, shall be provided in an approved garage, except in areas defined as river shorelands. See § 535-24K(3).
(3)
One- and two-unit residential buildings:
(a)
There shall be a minimum of one parking space per dwelling unit in an approved garage.
(b)
No vehicle except an automobile may be parked in the front setback or between adjacent residences when the parking area parallels an existing residence on the adjoining property. In addition, on corner lots, no vehicle except an automobile may be parked within the front setback of the property where located nor within the front setback of any adjacent property.
B.
Educational, institutional and other assembly uses.
(1)
Assembly and institutional uses, including religious institutions, libraries and funeral homes, and auditoriums, gymnasiums, stadiums, grandstands, meeting halls, exhibition halls and said categories as accessory uses.
(a)
One parking space for every 500 square feet of floor area or five seats at maximum capacity in the main area of assembly, whichever is most applicable, unless specifically listed.
(b)
When such facilities for public assembly are accessory to a school, church or other institution, and when approved by the Planning and Development Department, the required number of parking spaces may be reduced by the number of spaces provided as herein required for the applicable school, church or other institution.
(2)
Hospitals and nursing homes: one parking space for each four beds, plus one parking space for each four employees.
(3)
Schools.
(a)
Primary schools (junior high schools, elementary schools and nursery schools): one parking space for each faculty member or other employee.
(b)
Secondary schools (colleges, universities, junior colleges, high schools and other institutions for higher learning): one parking space for every seven students, based upon the maximum number of students that can be accommodated in accordance with designed capacity, and one space for each four faculty members or other employees.
C.
Business district uses: one parking space per 500 square feet of floor area above 2,500 square feet for retail, service or office uses not specifically listed below.
(1)
Vehicle service stations: one parking space for each island of gasoline pumps, plus three parking spaces for each service stall.
(2)
Medical, dental, and veterinary clinics: four parking spaces per doctor, dentist or veterinarian.
(3)
Other uses. Parking spaces for other uses that are not retail or office, or not listed herein shall be provided in accordance with the requirements of the use most similar to the use proposed, to be determined by the Planning and Zoning Administrator or their designee.
D.
Adjustments to requirements. For any use except one- and two-unit residential buildings the number of parking spaces required for a particular use may be reduced in accordance with the following credit:
(1)
One space for each newly created on-street parking space that is located immediately adjacent to the site of the use, provided that such on-street space is available for public use during the hours of operation of the use. To qualify for this credit, an on-street parking space shall be in compliance with all Village parking regulations and shall measure at least 20 feet long if a parallel space.
§ 535-48 Nuisances.
A.
All parking facilities, lots or spaces shall be constructed and maintained so as not to cause, create or permit a nuisance as defined in this article.
B.
In the event that any parking facility, lot or space becomes a nuisance as defined herein, the Building Inspector shall notify the owners or persons in charge of the parking facility, lot or space, by certified mail, to maintain, repair or beautify the same. If such notice is not complied with in a reasonable time from the date thereof, the Building Inspector shall maintain, repair, remove or replace, as the case may require, either by contract or by Village forces, and shall certify the costs thereof as provided by law, to have them levied as special charges against such property, and the Village Clerk is hereby authorized and directed to enter such charges onto the tax roll.
§ 535-49 General requirements for all parking areas.
A.
All parking spaces shall be directly accessible to driveways, alleys or streets without passing through other parking spaces, unless controlled by the same household/dwelling unit. Driveways, truck loading spaces and other required work and open spaces shall not be considered as parking spaces.
B.
In the commercial and mixed-use districts (MX, CX, GX and RX) at least 25% and in all other districts at least 75% of all parking facilities or spaces required hereunder shall be located on the same premises as the building to which assigned and shall either be owned by the person, firm or corporation required to provide such parking facilities or spaces pursuant to this article or such person, firm or corporation shall have use of such parking facilities or spaces during normal business hours and for so long a period as the use exists for which the parking spaces or facilities are required. In the commercial and mixed-use districts (MX, CX, GX and RX) no more than 75% and in all other districts no more than 25% of the parking facilities or spaces required herein shall be located off of the premises of the building to which assigned and in no case more than 400 feet from said building. More than one person, firm, or corporation may share a parking facility or space required hereunder, but in no event shall the total number of spaces available be less than the total number required under this article for each person, firm, or corporation sharing such facility. Further, in those cases where the person, firm, or corporation required to provide parking facilities or spaces must lease or rent them in order to comply with the parking code provisions, no building or occupancy permit shall be issued until a copy of a written agreement to lease said required facilities or spaces is filed with the Village; said agreement shall be kept in full force and effect for so long as said use and occupancy shall continue.
C.
All parking facilities, lots and spaces, and driveways serving the same, shall be hard surfaced, having a good and sufficient subbase with a concrete or asphaltic concrete overlay or asphaltic penetrating coat thereon, free of dust, loose stones or gravel; said facilities, lots or spaces shall be adequately drained, subject to the approval of the Building Inspector.
(1)
R-1 through R-6 Districts. All residential parking spaces and driveways shall have a good and sufficient subbase with overlay composed of concrete, asphalt, brick or stone pavers thereon; such spaces and driveways shall be adequately drained subject to the approval of the Building Inspector.
D.
There shall be sufficient space and sight distance provided at all times to permit safe and ready access to each parking space and to the public highway; the premises shall be provided with a minimum number of entrances and exits, the width of which shall be in accordance with accepted design standards; that which is included under this subsection shall be subject to the approval of the Building Inspector.
E.
In the commercial and mixed-use districts (MX, CX, GX and RX), where illumination from streetlights to adjacent parking facilities, lots or spaces is no less than one footcandle power, no additional illumination of the premises will be required. Where such illumination is not available, a minimum illumination of one footcandle power of such premises shall be provided, installed and maintained in a manner so as not to reflect or glare onto adjoining streets or premises. When night parking is permitted on such premises, the same shall at all times be adequately lighted as herein required.
F.
Parking facilities shall provide marked parking spaces no less than nine feet wide and 18 feet in length.
G.
Parking lots shall conform to the following additional requirements and regulations:
(1)
It shall be a violation of this article if any vehicle is not parked within the lines of a marked parking space or if parked in more than one marked space. Excepted from the parking space dimensions set forth herein shall be spaces located in the parking lots not governed by the use requirements of § 535-47 of this article. In such cases, market considerations shall control the size of parking spaces in parking lots as determined by the Planning and Development Department of the Village but subject to approval of the Village Board.
(2)
The premises shall be screened from any public street upon which it abuts or from any adjoining residential property, except for openings for ingress and egress, as required per § 535-24. Such screening as required hereunder shall be required upon construction or new occupancy and shall be subject to the approval of the Design Review Board.
H.
Other requirements.
(1)
Parking on a lot is prohibited, except on approved driveways or approved parking spaces.
(2)
Parking of vehicles other than automobiles is prohibited, except in the rear yard of a lot.
(3)
Outdoor parking spaces other than approved driveways shall not be constructed in the front yard or side yard of a lot; provided, however, that on corner lots outdoor parking spaces may be constructed in the street side yard of a lot.
(4)
Parking spaces for up to two motor vehicles may be permitted in the R-1 through R-6 Residential Districts, subject to required open space requirements. Outside parking spaces in the R-1 through R-6 Residential Districts shall only be permitted if they are in addition to the required parking in an approved garage.
(5)
Parking spaces within the street side yard of a corner lot shall be screened as provided in Subsection G(2) of this section.
(6)
Parking in the public way is prohibited, except upon the public highway where permitted.
I.
It shall be unlawful for any person to park any vehicle at any time on any land of which he is not the owner, without the owner's permission.
J.
The parking of mobile homes or any other vehicles in the Village of Shorewood while the same are being used or occupied as living quarters by any person or persons is expressly prohibited.
L.
The parking facilities, lots or spaces required pursuant to this article shall be provided and maintained so long as the use exists for which the same is designed.
M.
Such use for which parking facilities, lots or spaces are provided shall not be changed to any use requiring more parking space unless additional parking space is provided as required herein.