A.
Areas and buildings subject to parking requirements. In any district, except the Commercial Core Parking Overlay District(s), if any structure is constructed or enlarged or if any use of land is established or changed, off-street parking spaces shall be provided for the entire use in accordance with the parking requirements established by this article.
B.
Exemption from parking requirements.
(1)
Within the Commercial Core Parking Overlay District(s), all development and changes in use shall be exempt from the off-street parking requirements of this article because public parking is provided for the uses in this district(s).
(2)
Within the Urban Commercial District, all development and changes in use shall provide parking in one of the following ways:
[Added 5-22-2000 by Ord. No. 05.2000.05; amended 8-26-2019 by Ord. No. 2019-235]
C.
Changes in use of existing buildings in commercial districts (C, CR and UC). In any commercial district, changes of use in buildings existing as of January 1, 2019, and which do not result in an increase in the total gross floor area of the building shall not be required to develop additional off-street parking spaces for uses in the building, provided that the number of existing parking spaces and loading areas serving the building are maintained and any nonconformity is not increased. In addition to the above conditions, where the green space requirements are conforming and additional parking can be accommodated, the site shall be designed to accommodate the greatest number of parking spaces and loading areas up to the total number required by the ordinance for the proposed use.
[Amended 10-14-1997 by Ord. No. 10.97.10; 5-22-2000 by Ord. No. 05.2000.05; 6-24-2019 by Ord. No. 2019-235-45; 8-26-2019 by Ord. No. 2019-235]
D.
Conditional use permits for alternative parking requirements. The Planning Board is authorized to issue conditional use permits to reduce the number of off-street parking spaces otherwise required by this article for the following flexible parking arrangements:
(1)
Credit for availability of public parking. Within any district other than the Commercial Core Parking Overlay District, where public parking is available within 1,000 feet of a public entrance to the use, the Planning Board may issue a conditional use permit to reduce the number of off-street parking spaces otherwise required by this article. Prior to approving such conditional use, the Planning Board must find that the public parking available to the proposed use, in combination with other uses placing demands on such facilities, is sufficient in volume, convenience, safety and availability to satisfy the anticipated parking demands of said use.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
(2)
Credit for mutual use of parking area. Where two abutting or adjacent principal uses operate at different times, a conditional use permit for a reduction in the number of required parking spaces may be granted for such period as the principal uses co-exist.
(3)
Off-site parking. Off-street parking spaces shall be located on the same lot as the principal use(s) they are intended to serve, except where off-site parking is approved as a conditional use. Such off-site parking spaces shall be within 1,000 feet of a public entrance to the use, specifically dedicated to the principal use(s), and demarcated on the ground to identify the principal use(s) it serves. Off-site parking shall be dedicated to the use by permanent easement and shall be subject to the approval of the Planning Board.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
E.
Special exception for commercial parking in noncommercial district. The Zoning Board of Adjustment is authorized to grant a special exception for the following uses:
(1)
Commercial parking facilities in adjacent noncommercial zoning districts. In order to provide adequate parking for a nonresidential land use, the Zoning Board of Adjustment may grant a property owner a special exception to permit parking facilities serving a properly zoned commercial use to be located within an adjacent noncommercial zoning district, provided that the parking facility will be located within 1,000 feet of the public entrance of the commercial establishment it will serve, and that the parking facility will not extend more than 300 feet inside the boundary line of a noncommercial district.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
F.
Conditions for granting of special exceptions or conditional use permits relating to parking. Special exceptions and conditional use permits authorized by this article may be granted only where the granting body finds that the property owner can meet all of the conditions of this subsection as listed below:
(1)
The parking facility will be located within 1,000 feet of the public entrance of the applicant's commercial establishment, and the facility will not extend more than 300 feet inside the boundary line of a noncommercial district.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
(2)
The applicant has adequately demonstrated that the parking demands of the use may reasonably be satisfied by the alternative parking arrangement.
(3)
The establishment seeking approval must not be a nonconforming use but may be within a nonconforming building or on a nonconforming lot.
(4)
Any lighting system shall be appropriately shielded such that glare does not interfere with adjacent residential properties.
(5)
The entrances to such a facility shall be designed so as to make the sidewalk and related pedestrian crosswalks continuous.
(6)
Specific measures have been proposed by the applicant to remedy existing on-site parking design deficiencies of the commercial establishment seeking approval. Such measures shall be deemed conditions of approval.
(7)
The Planning Board or the Zoning Board of Adjustment, in issuing conditional use permits or special exceptions under this article, may impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this chapter.
G.
Suspension or waiver of parking requirements for temporary uses. The parking requirements contained herein shall be suspended as permitted below to accommodate the following temporary uses:
(1)
On-site construction or reconstruction of buildings, or the excavation or improvement of the parking area, for the temporary use of off-street parking spaces to provide an adequate on-site storage or staging area for construction materials, vehicles or equipment for the construction period including before the commencement and 15 days after the completion of said construction.
(2)
Temporary tent sales or other similar sales events of a duration not to exceed seven consecutive days per year, nor more than 14 total days per year, where not more than 1/2 of the required parking spaces, aisle or other related area would be utilized for the event.
(3)
Uses for which the City Council has granted a temporary traffic control order, to the extent to which parking regulations are suspended by such order.