A. It shall be unlawful to park any vehicle, trailer or other contrivance, whether or not registered and licensed for operation on streets, roads and highways, upon any street, road, highway or alley right of way in the village adjacent to a residential use, or across from a residential use unless the property across from the residential use is zoned and used for commercial or industrial use and the vehicle or trailer so parked is used in connection with the commercial or industrial use, other than the following enumerated vehicles as to which parking shall be permitted unless otherwise posted, and if posted then such parking shall be subject to any limitations or restrictions provided:
1. Automobiles, vans, minivans and sport utility vehicles.
2. Pickup trucks, trucks and service vehicles having a gross vehicle weight rating as defined in 625 Illinois Compiled Statutes 5/1-124.5 of eight thousand (8,000) pounds or less.
3. Motorcycles and motor driven cycles.
4. Low speed vehicles as defined in 625 Illinois Compiled Statutes 5/11-1426.2, and properly equipped neighborhood golf carts licensed by the village pursuant to this title.
5. Recreational vehicles or camper trailers for a period of time not exceeding seventy two (72) hours for the purpose of servicing, cleaning, loading and unloading.
6. Construction trailers, construction equipment or dumpsters for use in connection with a construction project, provided that the construction project must be authorized pursuant to a building permit issued by the village, that there is no reasonable alternative for parking same in a location other than the village right of way, that the village building and zoning official issues a temporary parking permit therefor for a period determined by the official to be reasonable to complete the work and the need therefor at the site and setting forth any other conditions such as required signage or barricades, and the trailer, equipment or dumpster must be parked adjacent to the property for which the building permit is issued.
7. Delivery trucks, service vehicles and trailers for such time as necessary for delivery, loading and unloading or performing services on an adjacent premises, but in no event in excess of eight (8) continuous hours.
B. The village board may, upon application by any person, approve a variance to the parking restrictions contained in this section in accordance with the following:
1. Prior to the village board considering any variance application, owners of real estate on either side of the street in the same block as the parking is requested shall be given notice of the application and the date the village board will consider the application, said notice to be given by the village at least fourteen (14) days prior to the village board meeting at which the application will be considered by first class mail addressed to the owners of the real estate entitled to notice based upon the latest available ownership information shown on the internet website for the Kankakee County supervisor of assessments.
2. In determining whether or not to grant the variance application, the village board will consider all information considered relevant, including, but not limited to, the stated reason of the applicant preventing the applicant from complying with this section, alternatives available to the applicant including the convenience and cost thereof, the frequency and duration of the variance requested and the consequences of allowing the variance, including, but not limited to, impairment of traffic flow, traffic safety issues, the aesthetic impact on the neighborhood and the possible impact on property values.
3. The village board may at its discretion approve or deny the variance in whole or in part, may impose conditions upon any variance allowed including, but not limited to, a termination date, and may in the future terminate the variance at any time in its discretion by an affirmative vote of a majority of the members present at any open public meeting at which a quorum is present.
C. This section shall not be construed or interpreted as repealing or modifying any other provisions of this chapter regulating parking, and the provisions of this section shall be in addition to any other applicable ordinance provisions and posted parking restrictions.
D. Any person parking any vehicle, trailer or other contrivance in violation of this section, or owning any vehicle, trailer or other contrivance parked in violation of this section, shall be subject to punishment as provided in subsection F of this section for each and every offense, with each violation occurring on a separate calendar day constituting a separate offense.
E. In addition to all other penalties for violations of this section, the village may cause any vehicle, trailer or other contrivance parked in violation of this section to be towed or otherwise removed, in which case the cost for such towing or removal shall be paid by the owner or possessor thereof before they will be permitted to take possession of said vehicle, trailer or other contrivance, as applicable.
F. Any person violating any provision of this section shall be fined:
1. Fifty dollars ($50.00) for a first offense.
2. One hundred dollars ($100.00) for a second offense.
3. Two hundred fifty dollars ($250.00) for each subsequent offense. (Ord. 14-14, 8-18-2014)