[Amended 6-10-2002 by L.L. No. 8-2002]
Except as specified herein, where two or more
different uses occur on a single lot, the total amount of parking
facilities to be provided shall be the sum of the requirements, if
any, for each individual use on the lot. In the case of two or more
different uses on the same lot or on contiguous lots, the Planning
Commission may, subject to such special standards, limitations or
conditions as it may deem appropriate, approve the joint use of parking
space, the total capacity of which is no more than 25% less than the
sum of the spaces required for each and using the same driveways giving
access thereto, provided that the following requirements are met:
A. The Planning Commission shall find that the capacity
of such parking facilities to be provided will substantially meet
the intent of the requirements and anticipated parking demand by reason
of variation in the probable time of peak parking demand by patrons,
employees, visitors and/or other occupants among such different uses.
B. No less than one parking space per dwelling unit shall
be provided for residential uses on a site containing a mix of nonresidential
and residential uses.
C. If more than one lot is involved, the Planning Commission
shall require, as a condition of its approval, a legal instrument
or other document satisfactory to the Village, in form and substance,
assuring the continued use of joint parking facilities in connection
with the uses they serve.
D. Approval of such parking reduction and joint use of parking facilities shall automatically terminate upon the termination of the operation of any such different use or upon a change of use in one or more of the premises containing such different uses if such change is to a use that requires more parking spaces under §
185-36B of this chapter; but if a change is to a use that does not require more parking spaces under §
185-36B of this chapter, the approval shall continue, provided that the legal instrument(s) or other arrangement(s) governing the shared use of such parking facilities is amended, to the satisfaction of the Village in form and substance, to identify the new owners and/or operators of the different uses.
The required number of off-street parking facilities
shall be maintained throughout the life of any use or structure which
said facilities are designed to serve and, except when dedicated to
and accepted by the Village as public parking areas, such spaces shall
be reserved for the use of those persons occupying the structure served
by the parking facilities.
Structures and uses in existence or for which
a building permit shall have been approved prior to the effective
date of this chapter shall not be subject to the off-street parking
space requirements set forth in this chapter, provided that any parking
facilities now existing and serving such structures or uses shall
not, in the future, be reduced below the requirements of this chapter.
Any future enlargement or extension of an existing structure or use
shall make all structures and uses on such lot subject to the requirements
of this section. Except as hereinafter provided, any change in use
of an existing structure or lot shall make all structures and uses
on such lot subject to the requirements of this section. If, as determined
by the Building Inspector, a change in a permitted use of an existing
structure or lot located within the Central Business A-1 District,
the Central Business A-2 District, the Peripheral Business B District
or the Peripheral Business B-1 District will not result in an increase
in the number of required parking spaces, said change of use shall
not require compliance with the requirements of this section. Required
off-street parking facilities which, after development, are dedicated
to and accepted by the Village shall be deemed to continue to serve
the uses or structures for which they were originally provided.
[Added 9-25-2017 by L.L.
No. 4-2017]
A. Notwithstanding the provisions of §
185-19.1. of this chapter, if a municipal parking facility is located within 200 feet of a proposed specified use on a lot in the Central Business A-1 District, the Central Business A-2 District, the Peripheral Business B District or the Peripheral Business B-1 District, and if the Planning Commission deems such facility to be adequate for part or all of the needs of the proposed use, the Planning Commission may waive up to half of the required parking spaces, as follows:
(1) On lots smaller than 5,000 square feet, additional waivers beyond
one-half of the required parking spaces may be granted, subject to
an in-lieu payment per space, at an amount determined and updated
regularly by the Village Board.
(2) On lots 5,000 square feet or larger, any waiver of required parking
spaces shall be subject to an in-lieu payment per space, at an amount
determined and updated regularly by the Village Board.
(3) The applicant shall have the burden of demonstrating to the satisfaction
of the Planning Commission that the municipal parking facility is
capable of serving the off-street parking needs of the proposed use.