A. Off street parking facilities for separate uses may be provided collectively if the total number of spaces so provided collectively is not less than the sum of the separate requirements for each such use, and provided further, that such collective facilities meet all regulations governing location of accessory parking spaces in relation to the use served.
B. The zoning administrator for permitted uses or the City Council in all other cases may authorize up to thirty three percent (33%) of the required off street parking to be fulfilled on a separate, privately owned zoning lot when all of the following conditions are met:
1. The parking spaces utilized on the separate zoning lot are in excess of the total requirement for all uses that occupy that lot, or the parties have provided to the zoning administrator or City Council sufficient data to indicate there is not a substantial conflict in the hours of operation of all of the uses on the lot;
2. Any required parking spaces located on the separate zoning lot are within 300 feet of the use served, measured from the main entrance of the use to the nearest point of the separate zoning lot;
3. Pedestrian travel between the separate zoning lot and the use served does not require at-grade crossings of roadways classified by the Illinois Department of Transportation as arterials, except for Lee Street between Brown Street and Thacker Street, Graceland Avenue between Jefferson Street and Thacker Street, Miner Street between Graceland Avenue and River Road, Dempster/Thacker Street between Wolf Road and River Road, Algonquin Road between Wolf Road and River Road, and Oakton Street between Lee Street and River Road; and
4. A written agreement, in a form approved by the city attorney, guarantees that the parking spaces on the separate zoning lot will be maintained so long as the uses requiring parking are in existence or unless the required parking is provided elsewhere in accordance with this chapter. The written agreement must be recorded by the property owners with the county recorder’s office. The agreement will be kept current and a copy maintained on file with the City’s department of community and economic development.
C. The zoning administrator for permitted uses or the City Council in all other cases may allow the off street parking requirement for any use in a non-residential district to be met via a publicly owned or operated facility, if the owner or operator of that use enters into an easement, lease, license or other form of legal agreement with the government entity that owns or operates the facility. Such parking use agreement, or a summary memorandum thereof, shall be in a form acceptable to the City and be recorded against the property index numbers (PINs) for the parcel on which the off street parking facility is located and the parcel that will receive the right to use the parking spaces. The zoning administrator shall ensure that the off street parking spaces identified in the parking use agreement are open and available during the periods described in the parking use agreement. Such public off street parking facility may be located no more than 1,000 feet of the main entrance of the parcel requesting the right to use the parking spaces. The parking use agreement shall be kept current and a copy maintained on file with the City’s department of community and economic development.
D. In instances when a principal building is not fully occupied and contains parking spaces in excess of minimum number of spaces required by the building’s current occupancy, the zoning administrator for permitted uses or the City Council in all other cases may allow the owner of the parcel to enter into an easement, lease, license or other form of legal agreement with the owners or occupants of nearby parcels seeking to use the parcel’s excess parking capacity, so long as the following conditions are met:
1. In no event may any parcel be used as a commercial parking lot open to the general public pursuant to a parking use agreement described in this section unless it has received all necessary approvals required by the Zoning Ordinance.
2. The parking use agreement may not exceed a month to month tenancy or use period to allow for its prompt termination in the event the parcel providing the excess parking increases its occupancy and its corresponding need for off street parking.
3. No more than 33 percent of the total parking spaces on a parcel may be allocated for use by off-site users on a temporary basis.
4. The place of business or operation using the interim parking spaces may be located no more than 1,000 feet from the parcel providing the excess spaces.
5. The parking agreement shall be kept current and a copy maintained on file with the City’s department of community and economic development. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-3-20, 1-6-2020; Ord. Z-55-21, 12-6-2021)