The purpose of this chapter is to alleviate or prevent congestion on public streets so as to promote the safety and welfare of the public user by establishing minimum requirements for off street parking and loading spaces for motor vehicles in accordance with the use to which property is put. (Ord. 2010-04-07, 4-1-2010)

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

   A.   Required Parking: For all buildings, structures and uses of, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided.

   B.   Additional Parking: No building, structure or premises lawfully erected or established prior to the effective date hereof shall be required to provide additional parking or loading facilities unless and until such time as the intensity of use of the building, structure or premises is increased through addition of dwelling units, gross floor area, seating capacity or other criteria specified within section 10-9-7 of this chapter for measuring land use intensity for the purpose of determining required parking or loading facilities. The number of additional spaces and/or loading facilities required shall be calculated based solely on the addition or expansion of floor area or other such criteria designated herein for calculating required parking and loading spaces. The existing building, structure, premises or use shall not be required to meet the required number of parking and loading spaces calculated based on the combination of the existing and additional criteria used for the calculation of required parking and loading spaces until such time period as stipulated in subsection D of this section.

   C.   New Use Requirements: Whenever the existing use of a building, structure or portion thereof shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use.

   D.   Paving Requirements: Unless required to be accomplished sooner by the provisions in subsections A, B and C of this section, all parking and loading facilities in use on and after March 28, 1985, shall be paved in accordance with the requirements of subsection 10-9-4H2 of this chapter. With respect to all other requirements of section 10-9-4 of this chapter, all off street parking and loading facilities in use on March 28, 1995, shall, unless required to be brought into compliance sooner by the other provisions of section 10-9-4 of this chapter, be brought into compliance with all other requirements of said section 10-9-4 of this chapter no later than March 28, 2005.

   E.   Design And Construction Plan: Except for parking for single- family dwelling units, detailed plans and other related documents setting forth the proposed parking lot design and construction shall be submitted to the village for approval prior to the village issuing the required permits. For permitted uses, compliance to the standards of this chapter shall be reviewed and approved by the code enforcement official, in consultation with other village staff as deemed appropriate. For special uses, compliance to these standards shall be reviewed by the plan commission and approved by the village board. Variances from the standards of this chapter shall require a public hearing before the zoning board of appeals and approval of the village board. (Ord. 2010-04-07, 4-1-2010)

   A.   Damage Or Destruction:

      1.   For any conforming or nonconforming building or structure or use which is in existence on the effective date hereof, which is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities not less than that which existed at the time of such damage or destruction shall be provided.

In no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this title for equivalent new uses or construction.

   B.   Off Site Parking Facilities: In cases where required off street parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in same ownership or possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such ownership or possession may be either by deed or long term lease, the term of such lease to be a minimum of thirty (30) years. (Ord. 2010-04-07, 4-1-2010)

   A.   Location Of Parking Facilities: Unless otherwise permitted in subsection 10-9-3B or section 10-9-6 of this chapter, all required off street parking and loading facilities, which serve a building, structure or land uses, which are erected, established, altered, enlarged, or intensified after the effective date hereof, and all such parking facilities which are established or increased voluntarily pursuant to this title, shall be located on the same lot as the building, structure, or use of land to be served.

   B.   Collective Parking Facilities: Off street parking facilities for separate buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use may be permitted; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use.

   C.   Yard Requirements: Off street parking requirements shall be located within the buildable area of the zoning lot, unless specifically exempted by the village board in accordance with this title. (Ord. 2010-04-07, 4-1-2010)

   D.   Access:

      1.   Placement: Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off street parking facilities shall be provided with appropriate means of vehicular access to a street, alley or driveway in a manner which will least interfere with traffic movements.

         a.   Pavement: A parking area containing four (4) or more parking spaces shall have vehicular access to it over a street, alley or driveway containing all weather, hard surfaced pavement and the location and route of access to such a parking area shall be identified.

         b.   Dimensions: At no time shall a driveway across public property have a width, exclusive of curb returns, exceeding twenty feet (20') in a residence district or twenty four feet (24') in a nonresidence district, unless specifically exempted by the village board in accordance with this title.

         c.   Driveway Setbacks: At no time shall a new driveway be constructed in a drainage or public utility easement, or be constructed closer to a side lot line than:

 

 

(Ord. 2010-06-21, 6-17-2010)

   E.   Floor Area: For the purpose of determining off street parking and off street loading requirements, floor area shall be calculated as the sum of the gross horizontal area of the several floors of the building or buildings, excluding:

      1.   Areas used for off street parking and loading facilities.

      2.   The horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building.

      3.   The horizontal areas of boiler and mechanical rooms used for heating, ventilating and air conditioning, whether located on the roof or within the building.

   F.   Computation Of Number Of Parking Spaces: When determination of the number of off street parking spaces required herein results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.

   G.   Size:

      1.   Dimensional Standards: All required off street parking spaces (including handicapped spaces), loading berths and drive aisles (including access aisles) shall meet the dimensional standards set forth in the off street parking, loading berth and drive aisle chart located at the end of section 10-9-7 of this chapter, unless specifically exempted in accordance with this title.

      2.   Compact Car Facilities: When there are practical difficulties, or for due cause shown, or where the public safety or public convenience would be better served, the zoning administrator, acting upon a specific application, may authorize modifications as follows:

         a.   Compact car facilities, where allowed, shall be limited to ten percent (10%) of the spaces required for the site and shall be provided only for employee parking for office and industrial uses. No compact automobile spaces shall be provided for health- medical uses. (Ord. 2008-3-11, 3-20-2008)

         b.   The minimum stall size for compact car facilities shall be not less than seven and one-half feet (71/2') in width and not less than fifteen feet (15') in depth.

         c.   All compact car facilities (areas) shall be appropriately marked by signs designating those spaces "For Compact Cars Only".

         d.   No parking space in any accessory off street parking facility containing less than fifty (50) parking spaces shall be sized or designated for compact car parking.

      3.   Handicapped Parking: All uses except single-family detached or single-family attached dwellings shall be required to provide off street accessible parking spaces for handicapped persons pursuant to the "Illinois accessibility code", as amended. The number of handicapped parking spaces shall be included in the required total number of parking spaces. Such spaces shall be identified as a handicapped parking space in accordance with the "Illinois accessibility code", as amended (see off street parking, loading berth and drive aisle chart at the end of section 10-9-7 of this chapter). Such spaces shall be located as close as possible to the public access of the building or use for which the spaces are provided. Handicapped parking spaces shall be connected to the permitted or special use for which they are required. Where there is a discrepancy between the handicapped parking space standards of the "Illinois accessibility code" and a village, state or federal regulation related to such spaces, the more stringent standards shall apply.

   H.   Design:

      1.   Open And Enclosed Parking Spaces: Accessory parking spaces may be open to the sky or enclosed in a parking structure.

      2.   Surfacing: Unless otherwise approved by the village board, all open off street parking, except for single-family parking, shall be improved with an all weather surfaced pavement of adequate structural strength to support the expected traffic volumes and loadings, and shall be designed in accordance with applicable provisions of the Illinois department of transportation "Design Manual" and title 11 of this code.

For parking areas primarily designed for passenger car parking with occasional light truck traffic, the minimum pavement shall consist of a well compacted aggregate (or equal) base course not less than eight inches (8") in thickness constructed on a stable and compacted subgrade, and a bituminous concrete surface not less than two inches (2") in thickness. Nonreinforced concrete pavement of equivalent thickness but not less than five inches (5") will be acceptable.

      3.   Curbing: All off street parking areas, except for single- family parking, shall be provided with concrete wheel guards, bumper guards or continuous curbs shall be so located that no part of any parked vehicle will extend beyond the property line or encroach upon any adjacent sidewalk and/or landscaped area(s).

      4.   Screening And Landscaping:

         a.   All open automobile parking areas containing more than four (4) parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge. Such required screening shall conform with the front and side yard setback requirements of the district in which the parking is located.

         b.   In all off street parking facilities open to the sky having a paved area greater than ten thousand (10,000) square feet, a minimum of ten percent (10%) of such area shall be landscaped to create visual relief. Such landscaping shall be established to break (soften) the expanse of paving.

      5.   Lighting And Sound Control: Any lighting used to illuminate off street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three (3) foot-candles measured at the lot line. Loudspeaker systems are not permitted.

      6.   Drainage:

         a.   All open off street parking facilities shall be designed for adequate drainage. The discharge of stormwater from said parking facilities into existing public storm sewers, drains, streets, ditches, channels or any other public drainageways shall be subject to the limitations and requirements as set forth by the village or any other governmental agency having jurisdictional control over said sewer or drainageway. The discharge of stormwater onto adjacent private property or into privately owned drains will not be permitted unless written approval is obtained from said private owner. When deemed applicable by the village, on site stormwater detention and/or retention shall be provided.

         b.   When off street parking facilities are located within designated floodplain areas, planning, design and construction of said parking facilities shall comply with applicable requirements of the village's floodplain control regulations 1 .

      7.   Access Control And Signage:

         a.   Required Signs: For traffic control and safety, stop signs, entrance and exit signs, and other required accessory signs shall be provided.

         b.   Pavement Marking: When required for traffic control and safety, all parking stalls, aisles and access entrances and exits shall be marked on the pavement surface with paint or an equivalent marking material.

      8.   Utilization Of Off Street Parking Areas:

         a.   No motor vehicle repair work of any kind shall be permitted in parking lots. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities unless such facilities are located within a completely enclosed building, in which case gasoline and motor oil may be sold within such building, and provided further that all gasoline pumps shall be effectively screened from view of the street.

         b.   Except as otherwise provided in subsection H8c of this section, off street parking facilities accessory to a residence use and developed in any residence district shall be limited to parking of automobiles by occupants of the residence to which such facilities are accessory or by guests of said occupants only. Required parking for single-family detached and attached dwellings shall include at least two (2) parking spaces, in accordance with section 10-9-7 of this chapter and this section, one or both of which shall be located within a driveway of at least nine feet (9') in width.

         c.   The adoption of this subsection H8c shall not grant "grandfathered" status to nonconforming parking situations in existence at the time of the enactment of this subsection H8c due to the threat that maintenance of said practice poses to the protection of property values. Notwithstanding the provisions of subsection H8b of this section, off street parking areas may be utilized for the purposes listed hereinafter, but only in compliance with the following conditions:

            (1)   Parking and storage of recreational vehicles, boats and trailers; or recreational or utility trailers shall be permitted on residentially zoned properties provided that:

               (A)   No more than one vehicle, which is a recreational vehicle, boat and trailer; or recreational or utility trailer may be parked outdoors on any residential lot; and

               (B)   The owner of such recreational vehicle, boat and trailer; or recreational or utility trailer must be a permanent occupant of the residential dwelling; and

               (C)   The recreational vehicle, boat and trailer; or recreational or utility trailer shall be properly licensed to operate on the public roads; and

               (D)   The recreational vehicle, boat and trailer; or recreational or utility trailer shall be parked or stored on an improved parking surface (i.e., concrete, asphalt or pavers) and shall not be in an area on a lot which is five feet (5') from the rear property line, three feet (3') from the side property line, in the front yard, or side yard adjoining a street. The diagram below shows a typical lot and prohibited area - exhibit 1; and

               (E)   Parking or storage of a recreational vehicle, boat and trailer; or recreational or utility trailer shall not be permitted within any public utility or drainage easement; and

               (F)   Any boat stored or parked pursuant to the provisions of this subsection shall be covered with a boat cover designed for such intended purpose. Other types of covers, including, but not limited to, tarpaulins, plastic covers, shall not be permitted.

               (G)   Any recreational or utility trailer stored or parked pursuant to the provisions of this subsection shall be covered, and the method of covering shall be securely tied to the trailer.

            (2)   No more than one recreational vehicle, boat and trailer; or recreational or utility trailer owned by a permanent occupant of the residential dwelling unit may be temporarily parked on an existing driveway on the residential lot for a period not to exceed seven (7) consecutive days for the purpose of unloading, loading, maintenance or repairs, provided that said temporary parking or storage shall not exceed fourteen (14) calendar days during any month.

            (3)   No more than one recreational vehicle, boat and trailer; or recreational or utility trailer owned by a guest of the owner or permanent occupant of the residential lot may be temporarily parked on an existing driveway on the residential lot for a period not to exceed fourteen (14) days in any six (6) consecutive month period.

            (4)   Parking of an "inoperable vehicle", as defined in title 6, chapter 5, "Abandoned, Hazardous Or Unlawful Vehicles", of this code, or parts thereof shall be within a secured enclosed structure.

            (5)   Operable motor vehicles shall only be parked in specifically designed and developed off street parking areas in residential zoning districts in accordance with this code.

            (6)   Parking commercial vehicles and/or commercial or construction trailers and/or construction equipment anywhere on a residentially zoned lot is prohibited, unless said equipment is being temporarily parked and used on site for the duration of the construction activity associated with a project for which the village has issued a permit.

            (7)   It is unlawful for any person to park any commercial vehicle (other than a pickup truck, station wagon or similar vehicle of a size similar to an ordinary passenger vehicle) and/or commercial or construction trailer more than twelve (12) hours on any residentially zoned lot except:

               (A)   While loading or unloading property and time in addition to such twelve (12) hour period is necessary to complete such work; or

               (B)   When such vehicle is parked in connection with, and in aid of, the performance of a service to the property in which such vehicle is parked and time in addition to such twelve (12) hour period is reasonably necessary to complete such service.

      9.   Temporary Storage Of Cargo Containers, Temporary Membrane Structures, Storage Tents And Temporary Storage Canopies: Cargo containers, temporary membrane structures, storage tents and temporary storage canopies may be placed on a private property subject to the following:

         a.   Such placement shall not exceed four (4) times, for a total of thirty (30) days, in any calendar year. However, the village of Winfield building inspector may extend said time to a maximum of one hundred twenty (120) days, provided the cargo container, temporary membrane structure, storage tent or temporary storage canopy is located on a property that has a valid building permit for a major construction project and is used to store construction equipment, construction materials, and/or relocated personal possessions.

         b.   Cargo containers, temporary membrane structures, storage tents and temporary storage canopies shall not be allowed in required interior side or rear yard setbacks.

   I.   Special Use Permit: Any exception to subsection H8c(1)(D) of this section shall require a special use permit approved by the village board following the conduct of a public hearing and recommendation from the plan commission.

      1.   Any special use permit granted shall only apply to the applicant and not inure to the property and/or subsequent tenants and/or owners.

      2.   The request for a special use permit will include the following information:

         a.   Letter requesting appeal, outlining the reasons justifying the request;

         b.   The resident shall demonstrate that the lot configuration, including the driveway and garage, does not allow the parking or storage of the recreational vehicle, boat and trailer, and/or utility trailer to comply with this section;

         c.   Evidence that resident is permanent occupant of residence. If occupant is not the owner of the residence, written authorization by the owner for the occupant to submit the request for appeal;

         d.   Evidence that resident is owner of the recreational vehicle, boat and trailer, and/or utility trailer;

         e.   Plat of survey or equivalent scaled drawing, showing all structures and improvements existing on the residential property;

         f.   Other information that demonstrates the reasons that the resident believes the appeal should be approved.

      3.   The application fee for a special use permit for this section is one hundred fifty dollars ($150.00), which is nonrefundable. (Ord. 2010-04-07, 4-1-2010)

Off street parking lots in existence on March 28, 1985, which do not comply with the provisions in section 10-9-4 of this chapter must be brought into compliance within ten (10) years after March 28, 1985. (Ord. 2010-04-07, 4-1-2010)

   A.   Accessory Facilities Lot Location: Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of three hundred feet (300') from such use.

   B.   For Use In Town Center, Business And Industrial Districts: All required parking spaces shall be within one thousand feet (1,000') of the use served, except for spaces accessory to dwelling units which shall be within three hundred feet (300') of the use served. However, no parking spaces accessory to a use in a business or industrial district shall be located in a residence district; except, that private, free, off street parking accessory to such uses and municipal parking lots may be allowed by special use permit in accordance with chapter 10 of this title within two hundred feet (200') of and adjacent to any business or industrial district. (Ord. 2010-04-07, 4-1-2010)

 

   OFF STREET PARKING CHART

   TABLE OF DIMENSIONS

 

 

(Ord. 2010-04-07, 4-1-2010)

Any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall be provided off street loading berths not less than the minimum requirements specified in this section.

   A.   Location Of Off Street Loading Facilities: All required loading facilities shall be located on the same zoning lot as the use served.

      1.   Access: Each required off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which shall least interfere with traffic movements, and shall be subject to approval of the code enforcement officer of the village.

   B.   Yard Requirements:

      1.   No loading berth for vehicles over two (2) tons' capacity shall be closer than fifty feet (50') to any property in a residence district unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet (6') in height. No permitted or required loading berth shall be located in any required front or side yard. No permitted or required loading berth shall be located within twenty five feet (25') of the nearest point of intersection of any two (2) streets.

   C.   Floor Area: For the purpose of determining off street loading requirements, floor area shall be calculated as defined for off street parking, subsection 10-9-4E of this chapter.

   D.   Computation:

      1.   The total number of off street parking spaces required for any building, structure or use shall be based upon standards set forth in section 10-9-9 of this chapter.

      2.   For special uses other than prescribed for hereinafter, loading berths adequate in number and size to serve such uses, as determined by the president and board of trustees, shall be provided.

   E.   Design:

      1.   Surfacing: Unless otherwise approved by the village board, all open off street loading shall have compacted aggregate (or equal) base course not less than eight inches (8") thick constructed on a stable and compacted subgrade, and shall be surfaced with a bituminous concrete not less than two inches (2") thick.

      2.   Curbing: All loading areas shall be improved with concrete curbing, as approved by the village engineer.

   F.   Screening And Landscaping:

      1.   For Unenclosed Areas: Landscape screening shall be provided for all unenclosed loading areas that are adjacent to a residential or institutional use, or are visible from a public right of way according to subsection 10-2-6B5 of this title.

      2.   Maintenance: Landscaping shall be permanently maintained in good condition with at least the same quality of landscaping as initially installed.

   G.   Accessory Signs: Accessory signs for loading facilities shall be subject to review and approval by the village board.

   H.   Utilization:

      1.   Loading Berth: Space allowed to any off street loading berth shall not, when so allowed, be used to satisfy the space requirements for any off street parking facilities or portions thereof.

      2.   Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district.

   I.   Minimum Facilities:

      1.   A required off street loading berth shall be at least ten feet (10') in width by at least fifty feet (50') in length, exclusive of aisle and maneuvering space, and shall have vertical clearance of at least fourteen feet (14').

      2.   Buildings, structures, or uses which require off street loading facilities but which have less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle. (Ord. 2010-04-07, 4-1-2010)

For the land uses listed, loading berths shall be provided as specified below:

   A.   Auditoriums, banks, business and professional offices, public administration buildings, bowling alleys, hospitals, schools, colleges, sanatoriums, and other similar instructional uses, hotels or private clubs and lodges:

 

 

   B.   Warehousing, storing, cleaning, servicing, testing and repairing establishments:

 

 

   C.   Establishments engaged in retail or wholesale trade and establishments handling the sale and consumption of food on the premises, loading berths in accordance with the following schedule:

 

 

   D.   Other uses: Off street loading berths shall be provided in accordance with requirements determined by the board of trustees based upon requirements heretofore set forth for the most similar uses. (Ord. 2010-04-07, 4-1-2010)