A. Scope of Regulations. The off-street parking and loading provisions of this Article shall apply as follows:
1. For all buildings and structures erected and all uses of land established after the effective date of regulation of off-street parking and loading, 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 chapter, and provided that construction is begun within one (1) 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 buildings, 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.
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.
(Ord. 432, passed 8-15-2000)
B. Existing Parking and Loading Facilities. Accessory off-street parking or loading facilities which are located on the same lot as the building or use served which were in existence on the effective date of regulation of off-street parking and loading, or were provided voluntarily after such effective date shall not hereafter be reduced below or if already less than, shall not further be reduced below the requirements of this Ordinance or a similar building or use.
(Ord. 432, passed 8-15-2000)
C. Permissive Parking Loading Facilities. Nothing in this ordinance 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. For any conforming or legally nonconforming building or use which is in existence on the effective date of regulation of off-street parking and loading, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished 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 Chapter for equivalent new uses or construction.
E. Control of Off-Site Parking Facilities. When required parking facilities are provided on land other than the 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 lot occupied by the building or use to which the parking facilities are necessary. 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 lot until and unless Zoning, Planning and Appeals Commission approval thereof is obtained from the corporate authorities of the Village.
1. Such lot upon which said parking facilities are proposed shall be located within the distance of the lot on which the building or use served by such facilities is located as hereinafter presented in Section 15.1704.
2. An applicant for off-premises parking facilities as contemplated by this Subsection E shall be required to guarantee that the off-premises parking lot shall be used solely in conjunction with the building or use served by such off-premises facilities. The guarantee shall be given and established pursuant to the following procedure:
a. Warranty deed (or trustee's deed in the case of a lot held in a land trust) for the said off-premises parking lot from the aforementioned third party to the applicant, which deed shall contain the following restrictive covenants:
b. This tract is to be used solely as an off-street parking facility in conjunction with the use of land legally described as:
(Insert legal description for lot(s) to be served by these parking facilities)
c. These restrictions or covenants are to run with the land and shall be binding on all the parties and all firms claiming under them, including the Village of Mettawa, a municipal corporation.
3. Such guarantee must be furnished to the Zoning, Planning and Appeals Commission for its consideration in making its recommendation to the President and Board of Trustees of the Village.
F. Submission of Plot Plans. Any application for a building permit or 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 Chapter.
(Ord. 397, passed 5-12-99; Am. Ord. 688, passed 5-17-2011)