(a) Scope of Chapter. The off-street parking and loading provisions of this Zoning Code shall apply as follows:
(1) For all buildings and structures erected and for all uses of land established after the effective date of this Zoning Code, 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 of this Zoning Code, 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.
(2) When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.
However, no building or structure lawfully erected or use lawfully established prior to the effective date of this Zoning Code shall be required to provide such additional parking or loading facilities, unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent of the unit of measurement existing upon the effective date of this Zoning Code, in which event parking or loading facilities as required herein shall be provided for the total increase.
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date of this Zoning Code, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Zoning Code.
(b) Existing Facilities. Accessory off-street parking or loading facilities which are located on the same lot as the building or use served, and which were in existence on the effective date of this Zoning Code, or were provided voluntarily after such effective date, shall not hereafter be reduced below the requirements of this Zoning Code for a similar new building or use, or if already less than such requirements, shall not further be reduced below them.
(c) Establishment of Facilities. Nothing in this Zoning Code shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.
(d) Damage or Destruction of Existing Building or Use. For any conforming or legally non-conforming building or use which is in existence on the effective date of this Zoning Code, which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Zoning Code for equivalent new uses or construction.
(e) Control of Off-Site Parking Facilities. When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-site parking facilities shall be authorized, and no occupancy permit shall be issued, where the plans call for parking facilities other than on the same zoning lot, until and unless the Board of Zoning Appeals has reviewed the plans, heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.
(f) Submission of Plot Plan. Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this Zoning Code.
(g) Area Exempt From Regulations. The provisions of Sections 1262.05 and 1262.06 shall not be applicable to zoning lots within the following area of the City of Freeport: Commencing at the intersection of the centerlines of East Jackson Street and South Walnut, and running thence east along the centerline of East Jackson Street to the intersection of the centerline of South Liberty Avenue, thence northwesterly along the centerline of Liberty Avenue to its intersection with the west R.O.W. line of the I.C.R.R. tracks, thence northwesterly along the west R.O.W. line of the I.C.R.R. tracks to its intersection with the centerline of East Clark Street extended, thence southwesterly along the centerline of East Clark Street to its intersection with the centerline of North Chicago Avenue, thence northwesterly along the centerline of North Chicago Avenue to its intersection with the centerline of West Linden Street, thence southwesterly along the centerline of West Linden Street to its intersection with the centerline of West Galena Avenue, thence westerly along the centerline of West Galena Avenue to its intersection with the centerline of North Walnut Avenue, thence southeasterly along the centerline of North Walnut Avenue to its intersection with the centerline of West Douglas Street, thence southwesterly along the centerline of West Douglas Avenue to its intersection with the centerline of North Cherry Avenue, thence southeasterly along the centerline of North Cherry Avenue to its intersection with the centerline of West Spring Street, thence northeasterly along the centerline of West Spring Street to its intersection with the centerline of South Walnut Avenue, thence southeasterly along the centerline of South Walnut Avenue to the place of commencement.
(1977 Code § 73-1002)