§ 15-281. Offstreet parking restrictions in residential, public activity and commercial service districts.

(a)

Residential zoning classifications. No commercial vehicle shall be parked or stored on any property in a residential dwelling district, including the R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, R-5 and PSD zoned districts, except commercial vehicles:

(1)

Engaged in loading or unloading at a facility located in the district or which can show intention to deliver at such facility by suitable delivery papers, including but not limited to cargo bills or bills of lading, may park for a period not to exceed two hours while loading or unloading between the hours of 6:00 a.m. and 9:00 p.m.; provided, however, that one commercial vehicle per dwelling unit, not to exceed nine feet in overall height, as measured from the ground at the point below the axle to the highest point of the trailer as it is configured when parked, may be parked within a fully enclosed building.

(2)

During construction when a valid building permit and /or subdivision permit is in effect for the property;

(3)

Tractor and attachments used on the property for lawn mowing, provided that it is stored in a fully enclosed building when not being used; or

(4)

On property that has been continuously used on or before November 13, 1989, by the same property owner to lawfully store construction equipment and attachments provided it is stored behind the building line and is not offered for sale or lease except as an occasional sale by the property owner.

(5)

A delivery/service vehicle meeting the definition of commercial vehicle may be parked in the C-1 district provided:

a.

It is parked behind the main building on the premises, or

b.

It is parked within the required rear yard of the C-1 district, or

c.

It is parked in a loading zone designated on a site development plan approved via a public hearing process, and

d.

It is parked on an authorized improved surface, and

e.

It is owned and/or operated by a licensed business or person operating a business on the premises where the vehicle is parked, and

f.

No more than two such vehicles are parked on a commercial premises by any one business or person.

(6)

Premises which, due to their site design or parcel utilization, do not have facilities to allow parking of commercial vehicles behind the building or in the required rear yard and cannot amend the improvements on the site or amend the approved site development plan to accommodate such parking may submit an application to the city clerk for an administrative permit to allow the parking of delivery/service vehicles elsewhere on the site provided such parking is not within the first row of parking spaces along a public right of way frontage, shall not exceed one vehicle per 5,000 square feet of gross floor area for any business and shall be parked in as close a proximity to the footprint of the business on the site as is allowed by the limitations of site design and parking layout.

(b)

Commercial zoning classifications. No commercial vehicle shall be parked in the C-1, C-2, C-3, PA, S-1 and MXD zoned districts for a period exceeding two hours unless the commercial vehicle is engaged in loading or unloading at a facility located in the district and can show intention to deliver at such facility by suitable delivery papers, including but not limited to cargo bills or bills of lading, except construction equipment and/or commercial vehicles:

(1)

That are stored in a fully enclosed building;

(2)

During construction when a valid building and/or subdivision permit is in effect for the property;

(3)

On property that has been continuously used on or before November 13, 1989, by the same property owner to lawfully store construction equipment and attachments, provided it is stored behind the building line and is not offered for sale or lease except as an occasional sale by the property owner; or

(4)

Is on property located in a zoned district where it is an allowed use.

(c)

Operating engines while loading or parked in commercially zoned district. Commercial vehicles are prohibited from operating engines, excluding refrigeration equipment, while loading or unloading or parked in the C-1, C-2, C-3, PA, MXD, and S-1 zoned areas between the hours of 9:00 p.m. and 6:00 a.m. and the owner of real property in such zoned areas will erect and maintain signs informing the operator of such motor vehicle of this requirement.

(d)

Parking for delivery vehicles. Shopping centers and shopping plazas with two or more tenants and having more than 200,000 square feet of gross floor area and having one or more tenants with at least 130,000 gross square feet of floor area are permitted for each such tenant to park trucks, trailers and/or vehicles meeting the definition of delivery vehicle overnight provided:

(1)

The number of such vehicles does not exceed six in number;

(2)

The delivery vehicles do not exceed 37 feet in length, 13 feet in height, eight feet in width and are not licensed in excess of 53,500 lbs. gross vehicle weight; and

(3)

Overnight parking of the vehicles is within the perimeter of the shopping plaza or shopping center in a designated area or areas approved by the board of alderman.

Failure to park any delivery vehicle overnight in such designated area(s) shall be grounds for revocation of approval of the board for such overnight parking and for towing of the vehicles at the owner's cost.

(Code 1973, § 14-204; Ord. No. 00-49, § 2, 9-25-00; Ord. No. 01-41, § 3, 6-11-01; Ord. No. 13-12, § 2, 4-22-13)

Cross reference

Zoning, app. A.