(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FLOOR AREA. The gross floor area and the open land area required for service to the public as customers, patrons, clients or patients including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used as restrooms or areas or parts of areas used principally for nonpublic purposes, such as storage, automobile parking, incidental repairs, processing, packaging of merchandise, show windows or for offices or maintenance of stores or buildings.
REQUIRED OFF-STREET PARKING SPACE. An area in the form of a rectangle measuring not less than nine feet in width by 20 feet in depth. Each space shall be accessible from streets or alleys or private driveways or aisles not less than 23 feet in width leading to streets or driveways. In any residential district, no required off-street parking space shall occupy any portion of a front yard.
(B) Parking space required. There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access and egress to all spaces.
(C) Plans.
(1) For the purpose of providing off-street parking spaces as required in accordance with this chapter, plans must be submitted to and approved by the Building Inspector before issuance of a building permit. The plans shall show how the required off-street parking spaces shall be arranged and shall indicate sufficient space for turning maneuvers as will as adequate ingress and egress to the parking area.
(2) Before issuance of a building permit, the Building Inspector shall obtain the approval of the Plan Commission for all plans requiring 15 or more off-street parking spaces.
(D) Use of parking facilities.
(1) Whenever a building permit has been granted and the plans so approved for off-street parking, the subsequent use of the property shall be deemed to be conditional upon the unqualified continuance and availability of the parking provisions contained in the plans. Any use of the property in violation hereof shall be deemed a violation of this chapter.
(2) The parking of more than one commercial vehicle, or the parking of a commercial vehicle of more than one-ton capacity on any lot in any residential district shall be considered a commercial use and is hereby prohibited.
(E) Change of use; additions or enlargements.
(1) Should the owner or occupant of any building to whom a building permit has been granted containing off-street parking requirements so change the use to which the building is put as to increase off-street parking as required under this chapter, it shall be unlawful and a violation of this chapter to begin or maintain the altered use until the time as the increased off-street parking provisions of this section are complied with.
(2) No addition or enlargement of an existing building or use shall be permitted unless the parking requirements of this chapter are met for the entire building or use.
(F) Mixed uses. In the case of mixed uses, the total requirements for off-street parking space shall be the sum of the re-requirements of the various uses computed separately as specified in this section, and the off-street parking space for one use shall be considered as providing the required off-street parking for any other use.
(G) Design and maintenance.
(1) Every parcel of land hereafter used as parking space or a loading space shall have a bituminous or other an all-weather dust-free surface.
(2) All public off-street parking spaces shall be illuminated, and all lights used to illuminate the parking spaces shall be so arranged as to reflect the light away from adjoining lots in residential districts.
(3) No sign other than those necessary for orderly parking control are to be erected or displayed in any public parking area.
(H) Access. Every access road, aisle and public or private driveway leading to and from off-street parking spaces, as required and defined by this section, or extending from the street, as defined in § 159.004, shall be installed, constructed, improved and surfaced with a waterproof, watertight and moisture unpenetrable type material consisting of asphalt, bituminous concrete, concrete or bituminous-sealed penetrated macadam, or a combination thereof, and of a design and further construction in accordance with the applicable provisions and requirements of the State Standard Specifications and the Village Standard Construction Detail Sheet.
(Prior Code, § 9B-6-1-(1)) (Ord. 598, passed 4-15-1976) Penalty, see § 159.999