A.
General off-street parking requirements.
(1)
For all zoning districts, except the Village Center Districts (VC), off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, or the development of a new land use in accordance with the Table of Off-Street Parking Regulations and other requirements contained herein.
(a)
Computation of spaces. When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction of 1/2 or more shall require one space. An existing structure which is enlarged or an existing use which is extended or expanded after the effective date of this chapter shall be required to provide off-street parking and loading spaces in accordance with the Table of Off-Street Parking Regulations, unless the increase in units or measurements amounts to less than 25%, whether such increase occurs at one time or in successive stages.
[Amended 3-7-2007 by Ord. No. 2007-07]
(b)
Continuance. Required off-street parking or loading spaces which, after development, are later designated as, and accepted by the Town for, off-street parking or loading purposes shall continue to serve the uses or structures to meet these requirements so long as said use or structure remains.
(2)
For all zoning districts, except the Village Center Districts (VC), in cases of a change in use where the existing use (or in cases of vacancy, the next previous use) did not provide for the number of off-street parking spaces required under this chapter. In situations where the proposed use would require a larger number of off-street parking spaces, the proposed use shall only have to provide an additional number of off-street parking spaces equal to the difference between the number required under this chapter for the proposed use and the number required under this chapter for the previous use. Under no circumstances shall this Subsection A(2) be interpreted to allow a reduction in parking when the required amount of parking spaces for the proposed use would be available on the site.
[Amended 3-7-2007 by Ord. No. 2007-07]
(3)
For Village Center Districts (VC) only, no additional off-street parking is required for the continued use or reuse of existing buildings, as long as that use or reuse does not increase the total floor area within the building. However, off-street parking shall be provided for any new structure, for an enlargement or addition to an existing building, in accordance with the following Table of Off-Street Parking Regulations.
(4)
For purposes of this chapter, the replacement of an amount of floor space equal to that in existence at the time of enactment of this chapter is not considered to be an addition of new space and is, therefore, exempt from these parking requirements. Also, the addition of a second floor to one-story buildings existing in the VC Districts at the time of the enactment of this chapter shall be exempt from these parking requirements so as to encourage the restoration of building heights in the district which are more uniform and consistent with the scale of development which has historically existed. However, the addition of third, fourth and fifth floors to said one-story buildings in the VC District in existence at the time of adoption of this chapter shall be subject to the parking requirements as set forth in the Table of Off-Street Parking Regulations. The Planning Board may waive parking requirements when it can be demonstrated that sufficient public parking is available in the immediate vicinity of the proposed use.
[Amended 3-7-2007 by Ord. No. 2007-07]
(5)
The number of off-street parking spaces required to serve added floor space in the Village Center Districts (VC) is shown in parenthesis. Where no parenthesized number appears, the parking requirement for added floor space in the VC District is the same as that which applies in all other zoning districts.
(6)
Parking shall be provided to serve the parking needs which are generated by a particular use or structure.
B.
General lot design.
(1)
Existing spaces. Parking or loading spaces being maintained in any district in connection with any existing use on the effective date of this chapter, or any spaces subsequently provided in accordance with this chapter, shall not be decreased or any way removed from service to the use originally intended to be served, so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere, such that the total number of spaces conforms to the requirements of the tables of this article, provided this regulation shall not require the maintenance of more parking or loading spaces than is required according to the tables.
[Amended 3-7-2007 by Ord. No. 2007-07]
(2)
Location of loading spaces. The loading spaces required for the uses listed in the Table of Off-Street Loading Requirements shall in all cases be on the same lot as the use they are intended to serve. In no case shall the required loading spaces be part of the area used to satisfy the parking requirements of this chapter.
[Amended 3-7-2007 by Ord. No. 2007-07]
(3)
Location of parking spaces. Required off-street parking spaces shall be provided on the same lot as the principal use they are required to serve. When practical difficulties exist which prevent their establishment on the same lot, the Planning Board may grant a special permit to allow spaces to be on a nonmunicipal lot, the closest point of which is no further than 300 feet from the premises to which they are appurtenant. A special permit issued under this provision shall be coterminous with the length of the lease and shall expire if and when the lease for said parking expires.
(a)
Whenever feasible, parking areas shall be located to the side or rear of the structure, and not within the front yard of a structure.
(b)
Whenever feasible, parking areas shall be shared with adjacent businesses.
[1]
An agreement, lease, deed, contract or easement establishing shared use of a parking facility shall be submitted to, and approved by, the Planning Board. The approved agreement shall be recorded in the Registry of Deeds prior to the issuance of an occupancy permit for the project.
[2]
In the event that a shared parking agreement is terminated, those uses with less than the required number of spaces shall notify the Planning Board within 14 days and do one of the following:
[a]
Provide at least 50% of the required parking within 120 days and provide the remaining required parking within one year following termination of the shared use agreement; or
[b]
Demonstrate to the Planning Board, using a study deemed reliable by the Board, that the available parking is sufficient to accommodate the use's peak parking demand; or
[c]
Apply for and receive a variance from the Zoning Board of Appeals for less than the required number of spaces.
(c)
Whenever feasible, parking areas shall not be located within 20 feet of the street line of any lot.
[Amended 6-11-2003 ATM by Art. 11]
(d)
Parking areas shall be designed so that vehicular lights shall be screened or directed away from oncoming traffic.
(e)
Porous pavement may be used on up to 20% of the required number of spaces to decrease the amount of impervious surface in the parking area. No landscaping is required in the porous paving area.
C.
Specific requirements for parking spaces.
(1)
Parking spaces must be at least nine feet by 18 feet in size, exclusive of maneuvering area and reasonable access.
(2)
All off-street spaces shall have bumper and wheel guards where needed to protect abutting structures, properties or plantings. Parking areas shall be designed so that parked vehicles do not extend over pedestrian walkways or sidewalks.
(4)
It is the obligation of the owner of the property upon which a building or use is located to provide and maintain all required parking and loading spaces as long as such building or use is in existence.
D.
Additional parking and loading space standards.
(1)
All parking and loading areas shall comply with the following:
(a)
The layout of the parking area shall allow sufficient space for the storage of plowed snow without reducing the number of required parking spaces, unless removal by some other means is provided.
(b)
Any fixture used to illuminate any parking area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.
(c)
Parking and loading spaces shall be so arranged as to prohibit backing of vehicles onto any street.
(d)
No portion of a driveways entrance or exit shall be closer than 50 feet to the curbline of an intersecting street, nor shall it be closer than 50 feet to any portion of an existing driveway located in a Business or Industrial District.
(e)
Any two driveways leading to or from the same street and from the same lot shall not be within 30 feet of each other at their intersection with the front lot line.
(f)
A driveway's entrance or exit shall not exceed, at its intersection with the front lot line, a width of 15 feet for single-, two- and three-family uses; and 30 feet for all other uses.
(g)
The parking area and access driveways thereto shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices and in accordance with the Town of Palmer street entrance permit standards.
(h)
Except on a farm, not more than one commercial vehicle, and said vehicle shall not exceed a weight of 10,000 pounds' gross weight, shall be parked or in any way stored on any lot in any Residential (R) District (that is used for residential purposes). This shall not pertain to a vehicle housed within the confines of a garage or accessory building.
(i)
No private access street or driveway serving a parking lot for nonresidential use shall cross property in a residential district except with a special permit granted by the Planning Board under the provisions of Article V.
(j)
No more than one unregistered motor vehicle or trailer, or one registered motor vehicle or trailer not in operating condition (any vehicle that does not have a valid registration legally issued by a governmental authority), and no motor vehicle accessories which are not parts of said one vehicle, may be parked, stored or otherwise placed on a parcel of land in the Town of Palmer without a special permit from the Town Manager or Chief of Police. This subsection shall not apply to the parking, storage or otherwise placing of unregistered motor vehicles and/or motor vehicle accessories where such parking, storage or placement is in connection with a legally established business selling new and/or used automobiles and trucks, or automotive repair or automobile service stations.
[Amended 3-7-2007 by Ord. No. 2007-07]
[1]
All permitted unregistered motor vehicles and/or motor vehicle accessories shall be screened from the view of the public and from abutting public ways and from abutting properties by being enclosed within a structure or sight-impervious fencing or screening.
(k)
A driveway permit shall be obtained from the Town Manager for all new or relocated driveways or parking lots.
[Amended 3-7-2007 by Ord. No. 2007-07]
(m)
There shall not be any business operation for vehicle repair for profit or gasoline or oil service facilities or any repair made to any motor vehicles, except on a lot occupied by a permitted automotive use. Any gasoline or oil facilities shall be at least 25 feet from any lot line.
(n)
There shall not be any storage of materials or equipment or display of merchandise within parking areas, except as part of approved building operations.
(2)
In addition to the above, all parking and loading areas containing over five spaces, including automotive and drive-in establishments of all types, shall either be contained within structures or shall also comply with the following:
(a)
The area shall be effectively screened with suitable planting or sight-impervious fencing on each side which adjoins or faces the side or rear lot line of a lot situated in any Residential R District or any lot containing a residential use.
(b)
The area and access driveways thereto shall be surfaced with bituminous concrete or cement concrete material. The Planning Board may allow construction of an alternative all-weather surface if it can be demonstrated to the satisfaction of the Board that such surface will be durable, dustless and continuously maintained. However, bituminous or cement concrete must be used in all areas of a ten-percent slope or greater. The location of spaces shall be suitably marked by painted lines or other appropriate markings.
(c)
A substantial bumper of masonry, steel, or heavy timber, or a concrete curb or berm curb which is backed, shall be placed at the edge of surfaced areas, except driveways, in order to protect abutting structures, properties and sidewalks and screening materials. In addition, a minimum four-foot-wide sidewalk is required to separate spaces from the building that they serve.
(d)
In all zoning districts except the General Business (GB) District, the Planning Board may grant a special permit to allow the reduction of the parking space requirements to 80% of that required in the Table of Off-Street Parking Regulations where conditions unique to the use will reasonably justify such a reduction, provided that a greater percentage reduction may be allowed where joint use of the same spaces by two or more uses or establishments is justifiable by virtue of the fact that the uses or establishments generate peak demand at substantially different time periods.
(e)
In the design of parking lots serving uses located in Business or Industrial Districts which provide more than 75 parking spaces, the expanse of pavement shall be interrupted by separating rows of parking spaces from each other and from driveways by using planting strips which may also contain pedestrian sidewalks at least six feet in width combined. Provision of these required planting strips shall take into account the need to store snow, the need to locate light poles, the need to allow safe pedestrian movement, the need to maximize emergency access, and the need to separate different traffic movements. Any modification to a particular parking lot which causes the lot to exceed the seventy-five-car standard shall cause the provision of planting strips to be required in the entire lot. All proposals to construct or modify such parking lots shall be reviewed by the Planning Board in light of the requirements of this section.
(f)
Fire lanes or emergency access points required for buildings or other structures shall be protected from unauthorized parking through the provision of curbs, mountable barriers, landscaped areas or such other improvements subject to the approval of the Fire Chief and Chief of Police, which in turn meets the objective of precluding parking in the restricted area.