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Archive for June, 2008

§ 155.068 PROXIMITY.

Parking and loading spaces generated by development shall be located on the same parcel as the use which they are intended to serve.
(Ord. 1992-10, § 1003, passed 3-18-1993)

§ 155.069 COLLECTIVE USAGE.

(A)    Mixed occupancies.  In the case of 2 or more uses in the same building, the total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed separately.  Off-street parking facilities for 1 use shall not be considered as providing required parking facilities for any other use, except as approved specifically by the Administrator for joint but alternative uses.
(B)    Cooperative parking facility.  Up to 15% reduction in the number of required parking spaces for 4 or more separate uses; 10% for 3 separate uses; and 5% for 2 separate uses may be authorized by the Administrator, following approval of a plan which provides for a collective parking facility of no less than 15,000 square feet, serving 2 or more buildings or uses, developed through voluntary cooperation or under any parking district which may hereafter be provided by law.
(C)    Joint but alternate use.  The Administrator may authorize the joint use of parking facilities under the following conditions:
(1)    Up to 50% of the parking facilities by nighttime uses may be supplied by the off-street parking facilities of daytime uses.
(2)    Up to 50% of the parking facilities of daytime uses may be supplied by the off-street parking facilities of nighttime uses.
(3)    Up to 100% of the parking facilities of a church or auditorium incidental to a grade school may be supplied by the off-street parking facilities of daytime uses.
(4)    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAYTIME USES.  Offices, banks, retail stores, personal service or repair shops, household equipment or furniture stores, manufacturing or wholesale or similar primarily DAYTIME USES.
NIGHTTIME USES.  Auditorium incidental to graded schools, churches, bowling alleys, dance halls, theaters, bars or restaurants, motels, or similar NIGHTTIME USES.
(5)    Conditions required for joint use:
(a)    The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of the parking facilities;
(b)    The applicant shall show that there is no substantial conflict in the principal operating hours of the 2 buildings or uses for which joint use of off-street parking facilities is proposed; and
(c)    A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the Village Attorney, shall be filed with the Administrator.  Joint use parking privileges shall continue in effect only so long as the instrument, binding on all parties, remains in force.  If the instrument becomes legally ineffective, then parking shall be provided as otherwise required in this chapter.
(Ord. 1992-10, § 1004, passed 3-18-1993)

§ 155.070 DESIGN.

(A)    Plot plan.  Any application for a building permit 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, excluding parking of 4 spaces or less.  The plot plan shall be approved by the Administrator.
(B)    Standard parking space.
(1)    Inside and outside stalls shall be 9 feet wide by 18 feet long with a vertical clearance of no less than 8 feet.
(2)    Parallel parking stalls shall be 8 feet wide by 22 feet long with a vertical clearance of no less than 8 feet.
(C)    Accessible parking spaces.  Accessible parking spaces required by the Americans With Disabilities Act (ADA):  An accessible space shall measure 16 feet wide by 18 feet deep and shall have 80 inches of vertical clearance.  Accessible parking spaces shall have an accessible path in the building in accordance with the ADA.  As part of fulfilling the requirements listed in the table in  division (M) of this section, the following minimum number of accessible parking spaces is required:
Required Handicapped Parking Spaces
Total Spaces RequiredSpaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
26% of the total number
Over 1000
20, plus 1 for each 100 over 1000
Medical facilities for persons with mobility impairments
20% of total parking
Out-patient medical facilities
10% of total parking

(D)    Surfacing and drainage.  Parking and loading areas shall be graded and drained to dispose of all surface water accumulated within the area.  The method of discharge of this water to public facilities shall be subject to approval of the Village Engineer.  All required parking and loading spaces and access drives shall be paved with concrete or bituminous pavement, except for residential uses of less than 4 units.
(E)    Width of aisles.  Aisle widths shall be that specified below for the angle of the stalls.
Required Aisle Widths
Degree of Angle
One-Way Aisle
Two-Way Aisle
30
12 feet
22 feet
45
12 feet
22 feet
60
16 feet
22 feet
75
22 feet
22 feet
90
24 feet
24 feet

(F)    Curbs and gutters.  Combination concrete curb and gutter or concrete barrier curb is required around the perimeter of all parking lots and around all islands, provided that with the approval of the Zoning Administrator, this requirement may be deferred for the area adjacent to any further expansion as part of a staged development.  Where alternatives to concrete curb and gutter are demonstrated to be more appropriate and recommended by the Village Engineer, the alternatives may be approved by the Zoning Administrator.
(G)    Wheel guards.  Parking spaces shall be provided with wheel guards or bumper guards where concrete curbs are not required so that no part of parking vehicles will encroach on an adjacent sidewalk or landscaped area.  Bumper guards are not required for interior stalls.
(H)    Lighting.  All parking lot lighting shall comply with the Building Code of the Village.  Electric lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance to either residential properties or oncoming vehicles.  A lighting plan with photometric calculations shall be submitted during the design review process.  Illumination at the property line shall not exceed 0 foot-candles for CR and CG zoning and 2 foot-candles for CH zoning.  The maximum foot-candles on-site shall not exceed 10.  Light poles in a parking lot shall be protected from vehicles.  Curbed islands for protection are recommended.
(Am. Ord. 2004-20, passed 9-2-2004)
(I)    Striping.  Striping of the pavement surface to define each parking space is required and shall be a minimum of 4 inches in width from the length of each space.  Striping for each parking space shall be painted in yellow or white.  Thermoplastic pavement markings are an acceptable alternative.  All areas designated as fire lanes shall be marked by posting of signs and/or yellow markings, provided that signs shall be used wherever feasible.
(J)    Maintenance.  Upon completion, all parking areas shall be properly maintained at all times, without potholes, broken curbing, or other irregularities.
(K)    Parking and paving setbacks.  From public right-of-way shall be 8 feet minimum.  For all other boundaries, the parking and paving setbacks shall be 3 feet minimum.
(L)    Screening and landscaping.  All open automobile parking areas containing more than 4 parking spaces shall be effectively screened and landscaped with plant materials in accordance with §155.113 as follows:
(1)    Screening of parking lots from public right-of-way (in 8-foot setback) consisting of 1 deciduous shade tree, 2 deciduous ornamental trees, and 10 shrubs (50% evergreen) per 100 L.F. of parking lot adjacent to right-of-way.  Shrubs shall have mature size of 3 feet height minimum and 5 feet height maximum.
(2)    In addition, 1 shade tree per 10 parking spaces shall be provided, located within 20 feet of parking.
(3)    Interior landscaped islands equal to 3% of the total paving area with 1 deciduous shade tree per 170 square feet of island (minimum island size is 140 square feet and 7 feet wide).
(4)    No landscaping (other than lawn) is required for the 3-foot wide paving setback.
(M)    Schedule of off-street parking requirements.
Use
Required Parking
Residential:
Single-Family
spaces per dwelling unit under 1,200 S.F. with 1 parking space to be in a fully enclosed building (garage)

spaces per 1,200 S.F. or over dwelling unit with 2 parking spaces to be in a fully enclosed building (garage)
Two-Family
spaces per dwelling unit with 1 parking space to be in a fully enclosed building (garage)
Multi-Family Unit (except elderly)
-1/2 spaces per dwelling unit with 1 parking space to be in a fully enclosed building (garage)
Multi-Family Units which are specifically designed for and occupied by persons 60 years of age or older.
space per elderly housing unit
Bed and Breakfast Inn
spaces for residents plus 1 space for each guest room
Community-based housing, nursing homes, boarding houses, group homes, single-family occupancy units.
/2 space for each resident
Hotels, Motels
space per sleeping unit
Retail and Service Uses:
(Based on gross floor area)
Retail and service uses, including financial institutions, except as listed.

1 space per 200 square feet
Car Washes:
Self-Service Manual
stacking spaces plus 1-1/2 spaces for each bay and 1 for each employee
Self-Service Automatic
stacking spaces plus 1-1/2 spaces for each bay
With Internal Drying Operation
stacking spaces plus 1 space for each employee
Auto Maintenance Facilities -Fast Service/Gas Stations
stacking spaces per gas pump island, plus 3 parking spaces per service bay.  1 space per employee on maximum shift, plus service vehicles
Auto Repair Facilities
spaces per repair/service bay
Offices and Clinics:
Bowling Alley
spaces per alley
Drive-Up Banking Facilities
stacking spaces per window
Drive-Up ATMs
stacking spaces per window
Fast Food/Drive-in Restaurants
stacking spaces each pick-up window and 1 space per 100 square feet
Restaurants and Other Establishments dispensing food or beverages for
consumption on the premises

1 space per 75 square feet
Furniture, Carpet and Appliance Sales
space per 600 square feet
Passenger Vehicle Sales and Other Motor Vehicles Sales
space per 800 square feet of display area plus the required number of spaces for any associated uses
Mortuaries, Funeral Home
space for each 4 seats, 1 space for each employee, and 1 space for each hearse
Shopping Centers over 45,000 S.F.
spaces per 1,000 S.F. floor area
Medical, Dental, and Optical Offices and Medical Clinics
space per 150 square feet
Other Business and Professional Offices
space for 300 square feet
Industrial Uses:

Manufacturing, Auto and Body Repair, Furniture Repair, Upholstery Shops
space per 500 square feet
Warehouses, Wholesale Establishments, Storage and Distribution Centers
space per 2,000 square feet
1 space per employee
Community Service Uses:
Churches, High Schools, Colleges, Business and Trade Schoolsgreater of 1 space per 200 feet or 1 space per 4 seats
Hospitalsgreater of 1 space per 600 square feet or 1.5 spaces per bed
Libraries, Art Galleries, Museums
space per 250 square feet
Recreational Buildings or Community Centers
space per 250 square feet
Schools: Nursery, Elementary or Middle School
space per each 20 pupils
Places of Assembly:
Stadiums, Arenas, Auditoriums, Skating Rinks, Theaters, Convention Hallsgreater of 1 space for each 4 seats or 1 space per 75 square feet
Miscellaneous Uses:
Fraternities, Sororities, Dormitories
space for each 2 beds
Planned Mixed-Use Developments shall be the sum of the individual uses
Other Uses Not Listed: shall be based on the most similar use listed or as determined by the Zoning Officer
(Ord. 1992-10, §1005 and Table 1000A, passed 3-18-1993; Am. Ord. 1999-9, passed 8-5-1999)

§ 155.071 PUBLICLY ESTABLISHED PARKING; OFF-PARCEL PARKING.

(A)    An exception may be made in commercial districts, or whenever required parking and loading spaces cannot be located on the parcel in other districts because of development restrictions imposed by the presence of an existing principal structure which is to continue in use.
(B)    Required parking may then be provided off the parcel, for permitted uses only, subject to the following requirements:
(1)    If the use is residential, hotel, motel, or tourist home, the off-lot spaces shall be within 200 feet of the principal entrance or the entrance for individual occupants for whom spaces are reserved;
(2)    If the use is other than residential, hotel, motel, or tourist home, the farthest portion of the parking lot shall be within 1,000 feet of an entrance to the establishment;
(3)    Distances indicated above shall be measured along routes generally available to the pedestrians involved;
(4)    Parking spaces may be at greater distances than those indicated above when approved by the Administrator;
(5)    Such off-lot spaces shall be located only in districts in which similar off-street parking is permitted; and
(6)    The off-lot parking area shall be held in fee simple by the same owner as the use requiring the off-street parking space, or under lease, rental, or other form of agreement satisfactory to the Administrator as assuring continuing availability for required off-street parking for the use.
(Ord. 1992-10, § 1006, passed 3-18-1993)

§ 155.072 OFF-STREET LOADING.

(A)    Location.  All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a residence district or an intervening alley, separating a residence district from a business, commercial, or industrial district, shall be completely screened therefrom by a minimum 6-foot tall fence or wall.  No permitted or required loading berth shall be located within 30 feet of the nearest point of intersection of any 2 streets.  No loading berth shall be located in a required front yard.  Any loading berth located in a required rear yard may be open to the sky.  Loading berths or associated maneuvering areas may not be located in any transitional buffer yard.
(B)    Size.  Unless otherwise specified, a required off-street loading berth shall be at least 12 feet in width and 30 feet in length for short berths, and 12 feet in width by at least 50 feet in length for long berths exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet. Maneuvering aprons for short berths shall be at least 60 feet.  Access lanes for short berths shall be 12 feet in width for 1-way lanes and 24 feet in width for 2-way lanes.  For long berths, access lanes shall be 14 feet in width for 1-way lanes and 24 feet in width for 2-way lanes.  Maneuvering aprons for long berths shall be at least 90 feet.  Space dedicated for access lanes may also be considered as space for the maneuvering apron.
(C)    Access.  Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
(D)    Surfacing.  All open off-street loading berths shall be improved with a compacted crushed stone base, not less than 8 inches thick, surfaced with not less than 3 inches of bituminous material or some comparable all-weather, dust-free material.
(E)    Utilization.  Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(F)    Setbacks.  Same as § 155.070(K), except as noted in § 155.109.
Schedule of Off-Street Loading Requirements
Use
Gross Floor Area
(square feet)**
Number of Berths
and Size*
Residential:
Hotel, Motel, Dormitory
Fraternity, Convalescent or Nursing Home, and Elderly Housing
10,000-100,000
each additional 100,000
1 short
1 short
Multi-Family
30,000-100,000
each additional 200,000
1 short
1 short
Commercial:
Personal Services,
Restaurants
10,000-25,000 25,000-40,000 40,000-100,000
each additional 100,000
2 short
2 long
3 long
1 long
Retail, Wholesale
5,000-10,000
short
Services and Institutional:
Banks, Civic Buildings,
Offices, Business Services
10,000-100,000
each additional 100,000
up to 500,000
each additional 500,000
1 short

1 short
1 short
Hospitals
10,000-100,000
each additional 100,000
1 short
1 short
Schools
Elementary, Secondary
College or University

10,000-100,000
each additional 100,000

1 short
1 short
Cultural/Entertainment:
Arena, Stadium,
Auditorium, Convention Hall
Amusement Establishment
10,000-20,000
20,000-100,000
each additional 100,000
1 short
1 long
1 long
Theater
10,000-25,000
each additional 50,000
1 short
1 short
Industrial:
Manufacturing, Warehousing,
Research and Development
5,000-10,000
10,000-40,000
40,000-100,000
each additional 100,000
1 short
1 long
2 long
1 long
Transportation/Communications:
Air/Bus/Rail, Utilities,
TV and Radio Stations
10,000-40,000
40,000-100,000
each additional 100,000
1 short
1 long
1 long
Cartage and Freight Facility
5,000-40,000
40,000-100,000
each additional 100,000
1 long
2 long
1 long
NOTES:
*Berth (loading dock) dimensions:
Short–12 feet wide by 30 feet deep (360 square feet)
Long–12 feet wide by 50 feet deep (600 square feet)
**Gross floor area refers to the square feet of buildings or structures on the premises.
(Ord. 1992-10, § 1007 and Table 1000 B, passed 3-18-1993)

§ 155.085 INTENT.

Outdoor signs of all types are to be regulated to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the Village, preserve the scenic and natural beauty of the Village, and prevent annoyances and nuisances to adjoining property owners.  It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, and to provide more open space.
(Ord. 1992-10, § 1100, passed 3-18-1993)
Editor’s note:
    This subchapter was also amended by Ord. 1998-50, passed August 5, 1999.

§ 155.086 APPLICABILITY.

(A)    Regulations apply to all districts.  The requirements of this section apply to all signs in all districts, unless specifically exempted or excluded.
(B)    Governmental signs excluded.  For the purpose of this subchapter, SIGN does not include signs erected and maintained by any duly constituted governmental body pursuant to and in discharge of any governmental function, or required by law, ordinance, or governmental regulation.  All other signs and outdoor advertising are hereby regulated.
(C)    Existing signs; continuance.  Nothing in this chapter shall require the removal or discontinuance of a legally existing sign that is not altered, rebuilt, enlarged, extended, or relocated, and the same shall be deemed a lawful nonconforming use under the terms of this chapter.  The changing of movable parts of signs which are designed for changes or the repainting of display matter shall not be deemed to be alterations within the meaning of this subchapter.
(Ord. 1992-10, § 1101, passed 3-18-1993)

§ 155.087 GENERAL PROVISIONS.

(A)    Approval required.  No sign permitted under the regulations of this subchapter shall be installed or altered without first obtaining approval of the Zoning Board of Appeals or Board of Trustees in accordance with § 155.020.
(B)    Compliance.  Sign installation shall comply with the provisions of the Village zoning subchapters.
(C)    Combination signs.  Combination signs (multiple signs on a single structure) are permitted, subject to all regulations herein.
(D)    Rock River.  No sign, either permanent or temporary, shall be installed or placed within 50 feet of the banks of the Rock River.
(E)    Right-of-way.  No sign shall be placed in any public right-of-way except as otherwise allowed by this chapter.
(F)    Indirectly and internally illuminated signs.  Any illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, rotating, or moving light or lights.  In no event shall an illuminated sign or lighting device therefrom be directed or beamed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance as determined by the Zoning Board of Appeals.  All signs shall be screened from beaming onto residential windows.  Rotating or moving time and temperature signs shall not be restricted by this division.
(G)    Electronic message board.  Electronic message boards are allowed only in Commercial Districts, except in CO Districts, as long as the sign is located so that it does not obstruct, impair, obscure, interfere with the view of, or be confused with, any authorized traffic control sign, signal, or device, and so long as the sign does not produce a glare or light in violation of other parts of this chapter.  Also, all electronic message boards shall not exceed 32 square feet in electronic message sign area per face, and the message cannot be changed in intervals less than 3 seconds.  Further, no electronic message board shall have more than 2 faces on any 1 sign.  Further, electronic message boards shall not face residential zoned property immediately adjacent or across from that sign.  Further, electronic message boards are prohibited on Main Street between McDonald Road and Elevator Road.
(H)    Inflatable signs and advertising.  Inflatable signs, other than the exceptions enumerated herein, shall be prohibited because they are generally more distracting and hazardous to pedestrian and traffic safety, less in scale and less compatible with surrounding uses and graphics, of lesser quality and more difficult to regulate uniformly than permanent street graphics, which are the preferred alternative.  The exceptions shall be limited to the following:
(1)    Balloons and inflatable figures and displays used only in a parade;
(2)    Noncommercial registered hot air balloons in use and temporarily moored but not being used primarily as a street graphic; and
(3)    Novelty-type balloons less than 2 feet in diameter and less than 3 feet in any dimension, tethered or moored no more than 10 feet above the ground, and other inflatable devices as follows:  holiday or other temporary noncommercial decorations and ornamental lighting on residential property, including inflatable devices temporarily displayed in a yard of a residentially zoned property which do not contain any commercial message or logo or depict any commercial symbol or character and which do not exceed 15 feet in height.
(I)    Commercial banners.  No permanent sign or part thereof shall contain or consist of banners, strings of lights, pennants, ribbons, streamers, spinners, or other similar moving devices.  The use of only 1 such device, not to exceed 32 square feet in size, at a time may be allowed as temporary signs, subject to approval by the Zoning Administrator.  These temporary devices shall not be exhibited more than for 30 days, and no more than 3 such temporary devices may be exhibited in any 1 calendar year.
(J)    Calculation of area.  To determine total square footage of any double-faced sign, when both faces are identical, only the square footage of 1 face shall apply toward the square footage calculation.  A double-faced sign is 1 sign which has 2 faces, which faces are no more than 45 degrees apart from each other.
(Ord. 1992-10, § 1102, passed 3-18-1993)

§ 155.088 SIGN MAINTENANCE.

(A)    All signs shall be maintained in reasonably good and upkept condition and kept in an overall clean, neat state of appearance.  It shall be the responsibility of the permit holder and/or property owner to maintain the sign and the sign structure.
(B)    Signs which no longer serve the purpose for which they are intended, or are not reasonably maintained, or which have been abandoned, shall be removed within 90 days following the permit holder’s or property owner’s receipt of written notice from the Village by the latest permit holder, or the property owner.  If the sign is not removed within this prescribed period of time, the Village may remove the sign at the expense of the property owner and permit holder.
(C)    Within 30 days following receipt of the written notice referred to in division (B) above, the permit holder or the property owner may appeal the decision to remove the sign to the Zoning Board of Appeals by filing a written notice with the Zoning Administrator.  Within 10 days following a decision by the Zoning Board of Appeals, the permit holder or property owner may appeal the decision of the Zoning Board of Appeals to the Village Board of Trustees by filing a written notice with the Zoning Administrator.  Within 30 days following an appeal of a decision of the Zoning Board of Appeals herein, the Village Board of Trustees shall affirm, reverse, or modify the decision.
(Ord. 1992-10, § 1103, passed 3-18-1993)

§ 155.089 PROHIBITED SIGNS AND DEVICES.

Except as otherwise provided in this subchapter:
(A)    No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape, or color, it may obstruct, impair, obscure, interfere with the view of or be confused with any authorized traffic control sign, signal, or device.
(B)    No sign shall be located, or use any word, phrase, symbol, shape, form, or character, in such manner as to interfere with moving traffic.
(C)    No internally or indirectly illuminated sign shall be permitted within 50 feet of any residentially zoned property unless the illumination of the sign is so designed that it does not shine directly onto any adjacent property or onto any street.
(D)    No part of any sign attached to a building shall be erected to a height greater than that permitted for the building.
(E)    Rooftop signs shall be allowed as a special use only.
(F)    Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be repaired or removed by the permittee or owner of the sign or upon written notice by the Village.
(G)    No sign or device is permitted which includes flashing lights, intermittent lights, rotating lights, moving lights, mechanically moving parts, or noise emissions.
(H)    No sign over 4 square feet may be suspended by chains, ropes, or other nonmechanical means that readily permit the sign to swing or move freely.
(I)    No vehicular sign attached or painted onto an inoperable or unlicensed motor vehicle in view of the public right-of-way or attached to or painted on a licensed motor vehicle or trailer which is parked or maintained in full view of the right-of-way or on the property to which the sign thereon refers for a period of not more than 20 days in a calendar year shall be permitted.
(J)    No sign shall be painted directly on the wall or roof of a building, directly on a fence or other accessory structure or directly on any paved surface other than required traffic control information.
(K)    No other sign not specifically permitted by this chapter shall be erected or maintained.
(Ord. 1992-10, § 1104, passed 3-18-1993)