11-12-2: GENERAL PROVISIONS:
   A.   Scope Of Regulations: Off street parking and loading provisions of this chapter shall apply as follows:
      1.   For all buildings and structures erected and all uses of land established after the effective date hereof, 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 hereof, 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 is increased through gross floor area, seating capacity or other unit of measurement specified herein for required parking or loading facilities, parking and loading facilities as required shall be provided for such increase in intensity of use.
      3.   Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.
   B.   Damage Or Destruction:
      1.   For any conforming or legally nonconforming building or use which is in existence on the effective date hereof, which is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities not less than that which existed at the time of such damage or destruction shall be provided.
      2.   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.
   C.   Submission Of Site Plan: Any application for a building permit or certificate of occupancy shall include a site plan, drawn to scale and fully dimensioned, showing parking and loading facilities to be provided in compliance with this chapter.
   D.   Time Of Completion: Off street parking and loading facilities required by this chapter shall be constructed at the time of construction, establishment, alteration, or enlargement of the building, structure or use of land for which it is required to serve. The delayed construction of up to fifty percent (50%) of the required off street parking spaces may be allowed by special use permit in accordance with the standards and procedures provided in section 11-13-12 of this title. The following additional minimum conditions shall be met in order to delay construction of required off street parking facilities.
      1.   Enough land is set aside for the construction of all additional parking facilities on the same lot as the principal use.
      2.   A parking study, completed by a professional qualified to conduct such study, provides evidence that the amount of parking initially constructed will adequately serve the use/uses on the lot.
      3.   A site plan, drawn to scale, shall be submitted which clearly indicates the parking spaces to be constructed and the parking spaces to be delayed. The design of all parking facilities shall be in full compliance with the entirety of this title.
      4.   An agreement, approved by the Village Attorney, for deferred parking construction shall be established between the property owner and the Village Board, executed by all parties, and recorded in the Office of the Kane County Recorder.
   E.   Control Of Off-Site Off-Street Parking Facilities: When required off-street parking facilities are provided off-site, that is on land other than the zoning lot on which the building or use served by such off site 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 off street parking facilities serve until and unless the Community Development Director has reviewed the plans and necessary documents and made findings that the common ownership or possession of the zoning lot and the site of the off-site 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 of building.
   F.   Use Of Parking Facilities: Off street parking facilities, including off-site parking facilities, accessory to residential uses and developed in any residential district in accordance with the requirements of this section shall be used solely for the parking of passenger automobiles owned by occupants of the dwellings to which such facilities are accessory or by guests of said occupants. Required parking facilities accessory to residential structures shall not be used for the storage of commercial vehicles or the parking of automobiles belonging to employees, owners, tenants, visitors, or customers of business, office or manufacturing establishments. For the purpose of this paragraph, “storage” shall mean a vehicle parked on the zoning lot for more than forty-eight (48) hours in any seventy-two (72) hour period. No motor vehicle work or service of any kind, other than temporary repairs, shall be permitted in any off-street parking facility.
   G.   Location: All required parking spaces, including off-site parking facilities, shall be not more than five hundred feet (500') from the use served, except for parking spaces accessory to dwelling units which shall be not more than three hundred feet (300') from the uses served.
   H.   Vehicle Restrictions/Storage Of Vehicles:
      1.   General Restrictions: General restrictions applicable to all zoning districts:
         a.   For purposes of this subsection H only, a "side yard" is defined as a space extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular from the side lot line to the closest point of the principal building. For purposes of this subsection H only, a "front yard" is defined as a space extending the full width of the front lot line and measured perpendicular to the front most point of the principal building at the closest point to the front lot line. If a vehicle is located in the side yard of a corner lot, all such vehicles shall be screened from view by landscaping or other means approved by the zoning official of the Village of Sugar Grove.
         b.   Except as provided in subsection H2j of this section, all vehicles in a residential district parked in a front, rear or side yard shall be on an improved surface. Except as provided in subsection H3a of this section, all vehicles in a nonresidential district parked in a front or side yard shall be on an improved surface. All vehicles in a nonresidential district parked in a rear yard shall be parked in accordance with the requirements of subsection H3b of this section. Any vehicles so placed, which are subject to Illinois Secretary of State licensure, shall have a current Illinois registration with the Illinois Secretary of State's Office.
         c.   An "improved surface" as used herein is defined as a continuous surface construction of concrete, blacktop or paving stone, which is complete and uninterrupted underneath all portions of the vehicle being placed on the surface.
         d.   Drainage easements shall not be encroached upon by such improved surfaces or vehicles.
         e.   Vehicles shall not be used as a dwelling unit at any time while parked or stored within the Village.
         f.   Nothing herein shall obviate compliance with any other requirements of improvements to land required by any other provision of this Code including, but not limited to, the Zoning Code and the subdivision control ordinances.
         g.   Restrictions on Parking in Commercial Districts: Recreational vehicles, trailers, commercial vehicles, or combinations of vehicles exceeding 21 feet in length shall not be parked or stored on any property zoned B1, B2, or B3, except for the purpose of loading or unloading. For the purpose of this paragraph, “storage” shall mean a vehicle parked on the zoning lot for more than forty-eight (48) hours in any seventy-two (72) hour period.
      2.   Residential Zones:
         a.   Vehicle Types: In any residential zone, the following vehicles shall only be parked in a side or rear yard of any zoning lot:
Boats.
Camping trailers.
Jet skis.
Mini-motor homes.
Motor homes.
Snowmobiles.
Truck campers.
Utility trailers.
Van campers.
         b.   Applicability: This subsection only applies to the above listed vehicles if such vehicles are subject to licensure requirements by the Illinois Secretary of State (regardless of whether any such vehicle in particular is actually licensed by the Illinois Secretary of State). Any vehicles so placed, which are subject to Illinois Secretary of State licensure, shall have a current Illinois registration with the Illinois Secretary of State's Office.
         c.   Rear And Side Yard: No motor vehicle shall be parked or stored within three feet (3') of the rear lot line or within three feet (3') of the side lot line (unless on an improved driveway) and no motor vehicle shall be parked or stored on any sidewalk (except as provided in subsection 6-3-1K of this Code) or other area of the street at the entrance of the driveway to the property except to the extent that it is necessary to temporarily leave a vehicle standing in such area in order to open or close a door or other enclosure to a garage, carport or parking area on the lot or to accomplish other similar necessary actions incidental to the ingress or egress of the vehicle to or from the lot; provided, that any such temporary standing of the vehicle in any such area of the street is not a hazard to pedestrians, motorists or vehicles on the street and is not in violation of any traffic or street parking regulation imposed pursuant to the Zoning or Vehicle Code.
         d.   Driveways: Notwithstanding subsections H2a and H2b of this section, vehicles such as those described in said subsection shall be parked in a front yard driveway for a period not to exceed a total period of time (whether continuously or in the aggregate) of seventy two (72) hours for the sole purpose of loading and unloading such vehicles within any given fourteen (14) day period.
         e.   Exemptions: The zoning official, or someone designated by him or her, is authorized to exempt from the provisions of this subsection H, a nonresident of the Village who is temporarily visiting a Village resident upon application for such exemption for a period not exceeding fourteen (14) days. Such exemption shall only be utilized by a given applicant once per three (3) month period.
         f.   Recreational Vehicles: Recreational vehicles shall be parked in the front driveway of a zoning lot only if the following conditions are satisfied beyond those exemptions otherwise provided herein:
            (1)   The recreational vehicle is used daily and is the owner's principal means of transportation to and from their place of employment;
            (2)   The length of the recreational vehicle does not exceed twenty five feet (25'); and
            (3)   The owner of the recreational vehicle shall obtain a special parking permit for such use from the zoning official.
         g.   Administration: The Village administration shall develop such application forms, permits, and other documentary materials which are necessary to further the goals and objects of this section.
         h.   Buses And Trucks: All parking and/or storage of vehicles requiring more than a Class H license plate, or apportioned, tow truck, or trailer plates, as established by the Office of the Secretary of State of the State of Illinois including vehicles such as step vans, box trucks, semi-tractors, dump trucks, crane truck, tank trucks, buses, and trailers on residential property is prohibited; however, the parking of a school bus, as defined by 625 Illinois Compiled Statutes 5/1-182, shall not be prohibited between eight o'clock (8:00) A.M. and four o'clock (4:00) P.M., provided:
            (1)   The occupant of the residential property is the authorized driver of said school bus; and
            (2)   The school bus is parked no closer than fifteen feet (15') from the sidewalk adjacent to said residential property or, where no sidewalk exists, no closer than fifteen feet (15') from the street adjacent to said residential property;
         i.   Junk Cars And Unusable Vehicles: With regard to this subsection H, nothing herein shall be construed as permitting the storage of abandoned vehicles or junk vehicles rendered unusable and in all cases the storage of any vehicles shall be subject to all other provisions of this Code. An "abandoned vehicle or junk vehicle" shall be defined as either: 1) a vehicle that cannot be readily started and moved in an emergency, or 2) any vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition or any vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted. Except in a wholly enclosed permanent garage or other permanent building, storage of said abandoned vehicles or junk vehicles is hereby prohibited in any areas governed by this subsection H.
         j.   Parking On Existing Gravel Driveways: Notwithstanding subsections H1b and H1c of this section, residential properties in a residential zone, shall be permitted to park vehicles (which are otherwise in compliance with this subsection H) on a gravel driveway, provided said driveway was in existence prior to April 20, 1999. Said driveway shall not be expanded or changed (except for routine maintenance of the said driveway) without bringing the entire driveway into full compliance with the terms of this subsection H, including being improved with a continuous surface of concrete, blacktop or paving stone. In order to qualify for this subsection H, a property owner shall file with the zoning official or his or her designee, a written statement, no later than June 1, 2001, requesting an exemption under this subsection H and the Village staff shall then determine whether said driveway qualifies for exemption (based upon the date of creation of said driveway), and if it so qualifies, shall document the approximate dimensions of said driveway.
      3.   Nonresidential District Standards:
         a.   Front And Side Yards: Notwithstanding subsections H1b and H1c of this section, properties in any zone other than a residential zone, shall be permitted to park vehicles (which are otherwise in compliance with this subsection H) on a gravel driveway, parking lot or outdoor storage area (as defined in this title) in a front or side yard until January 1, 2004, provided said driveway was lawfully in existence prior to April 20, 1999. Said driveway shall not be expanded or changed (except for routine maintenance of the said driveway) without bringing the entire driveway, in the front or side yards, into full compliance with the terms of this subsection H, including being improved with a continuous surface of chip seal, concrete, blacktop or paving stone. In order to qualify for this section, a property owner shall file with the Village zoning official or his or her designee, a written statement, no later than June 1, 2001, requesting an exemption under this subsection H and the Village staff shall then determine whether said driveway qualifies for exemption (based upon the date of creation of said driveway), and if it so qualifies, shall document the approximate dimensions of said driveway. After January 1, 2004, no vehicles shall be parked upon said front yard or side yard, unless it is improved with a continuous surface of chip seal, concrete, blacktop or paving stone, and otherwise complies with all provisions of this subsection H and all other provisions of this Code.
         b.   Rear Yards: Notwithstanding subsections H1b and H1c of this section, properties in any zone other than a residential zone, shall be permitted to park commercial vehicles and equipment (which are otherwise in compliance with this section) on a gravel driveway, parking lot or outdoor storage area (as defined in this title) in a rear yard. All other vehicles parked in a rear yard shall be parked on a gravel driveway, parking lot or outdoor storage area (as defined in this title) until January 1, 2004, when all such other vehicles shall then be parked on an improved surface of continuous chip seal, concrete, blacktop or paving stone, and otherwise complies with all provisions of this section and all other provisions of this Code. "Commercial vehicles and equipment" shall be defined for purposes of this subsection, only as vehicles used in the day to day delivery and/or pick up of goods and services from the business, or businesses, located on the premises, other than passenger vehicles. After January 1, 2004, vehicles shall only be parked in accordance with this subsection if screening is provided for said areas where vehicles are parked. Screening requirements shall be those as defined in this title. All parking not in conformance with this subsection is prohibited.
(Ord. 2017-01-10A, 1-10-2017; amd. Ord. 2018-03-20C, 3-20-2018; Ord. 2018-07-24D, 7-24-2018; Ord. 2023-0321C, 3-21-2023; Ord. 2023-0919B, 9-19-2023)