§ 72.30  DEVELOPED PARKING ON CITY RIGHT-OF-WAY.
   (A)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOULEVARD. The area existing between the edge of the traveled/parking surface of any street without curbs and the property line parallel to such street.
      DEVELOPED BOULEVARD. The area existing between the traveled/parking surface of any street and the curb line of any street and the property line parallel to such street which has been developed for parking purposes.
      IMPROVED BOULEVARD. The area existing between the curb line of any street improved with curbs and the property line parallel to such street.
      RIGHT-OF-WAY. The area reserved for public use, located between privately owned parcels.
   (B)   Boulevard parking prohibited. The parking of motor vehicles on any Improved Boulevard is hereby declared to be illegal and a violation of this subchapter. The creation of a developed boulevard contrary to the terms of this section is hereby declared to be illegal and is a violation of this subchapter.
   (C)   Boulevard permit procedure. Any owner, occupier or developer of real estate located within any commercial or industrial zoned district may be allowed to use the right-of-way contiguous to said one property as developed parking for motor vehicles provided that:
      (1)   An application for developed right-of-way parking shall be submitted to the Building Inspector at City Hall, 208 North 19th Street, Mattoon, Illinois.
      (2)   The application shall indicate the following information: name and address of the property owner; name and address of the occupier; the reason that right-of-way parking is requested; whether or not the boulevard parking requested is necessary to meet the minimum regulations for off-street parking found in § 159.47; the existing use of the real estate located immediately adjacent to the proposed right-of-way parking area; and, the proposed use of the adjacent real estate for which right-of-way parking is requested.
      (3)   A drawing showing the location of the area for which the permit is sought and showing the length and width of the area to be developed as boulevard parking shall be provided with the application.
      (4)   Developed Boulevard parking is permitted only if the following conditions are met:
         (a)   No more than 60% of the city right-of-way can be used as vehicle parking.
         (b)   For every 50 feet or less of city right-of-way to be utilized for vehicle parking, one city-approved tree must be planted at the expense of the property owner.
         (c)   The parking can be developed and used without creating unsafe conditions for pedestrians or motor vehicle traffic.
         (d)   The parking can be developed and used without creating undue access problems for any municipal or public utilities.
      (5)   A permit fee per § 35.0l(E)(1) shall be paid to the city before any application will be considered.
      (6)   Boulevard parking shall not be allowed on any boulevard located adjacent to any Illinois State Highway or federal highway unless a permit for such parking is first granted by the Illinois Department of Transportation and submitted with the application.
(Ord. 2016-5390, passed 9-20-2016)