[Amended 10-21-1999 ATM by Art. 29; 10-21-2013 ATM by Art. 15]
A.
Applicability. Adequate off-street parking must be provided to service all parking demand created by new structures, additions to existing structures or changes of use. Existing buildings and uses need not comply unless expanded or otherwise changed to increase their parking needs.
(1)
Additions.
(a)
A building or site may be renovated or repaired without providing additional parking, provided there is no increase in gross floor area or improved site area and the use does not change.
(b)
When a building, use or site is increased in gross floor area or improved site area, additional parking is only required for the additional gross floor or site area.
(2)
Change in use.
(a)
A change in use must comply with the parking requirements unless the new use has the same or a lower parking demand than the previous use.
(b)
Where required parking spaces for the new use exceed the required parking spaces for the existing use, additional parking is only required for the difference between the current parking spaces required and the parking spaces required for the new use.
B.
Meeting parking demand. In applying for building or occupancy permits, the applicant must demonstrate that the minimum parking requirements set forth below will be met for the new demand without counting existing parking necessary for preexisting remaining uses.
C.
Shared parking. Common parking areas may be permitted for the purpose of servicing two or more principal uses on the same or separate lots, provided that:
(1)
Proximity. Evidence is submitted that safe and accessible parking is available within 500 feet of the premises, which lot satisfies the requirements of this chapter and has excess capacity during all or part of the day, which excess capacity shall be demonstrated by a competent parking survey conducted by a traffic engineer registered in the Commonwealth of Massachusetts.
(2)
Legal agreement. A contract, agreement or suitable legal instrument acceptable to the Planning Board and Chelmsford's Town Counsel shall be filed with the application for a building permit, occupancy permit or special permit for exception which shall specify the location of all spaces to be jointly used, the number of such spaces, the hours during the day that such parking shall be available and the duration or limit, if any, on such parking.
(3)
Parking reserve. Any reduction in area required for parking because of these joint use provisions may be required by the Planning Board to be reserved in landscaped open space. Such area shall be computed at the rate of 300 square feet per parking space and verified with an engineered site plan.
(4)
Discontinuation. Nothing in this section shall relieve the owner from providing parking facilities in accordance with this chapter if subsequently the joint use of parking facilities shall terminate. In such cases, the owner shall return to the Planning Board to provide an alternative joint agreement or another method of relief acceptable to the Board.
D.
Parking reduction method. The requirements set forth in this article may be reduced by special permit issued by the Planning Board upon a finding that such reduction will not detract from the purpose and intent of this article.

