(a)

Each off-street parking space shall consist of an open area measuring nine (9) feet wide by eighteen (18) feet long and seven (7) feet high, and shall have a legal, unobstructed area for access to a street or alley where permitted by the Board. Off-street parking spaces must be maintained in a usable condition at all times. Required parking spaces shall not be used for long-term vehicle storage. Responsibility for complying with these requirements rests with the owner of the property.

(b)

Such spaces shall be graded for proper drainage and shall be provided with entrances and exits so located as to minimize traffic congestion and hazards.

(c)

Lighting facilities, if provided, shall be arranged so that lights neither unreasonably disturb occupants of adjacent residential properties nor interfere with driver vision.

(d)

Stacked parking, providing access to a designated parking space across another designated parking space, is permitted only for parking spaces serving the same residential unit. Stacked parking is prohibited for parking spaces serving commercial or business uses or serving more than one (1) residential unit.

(e)

When calculating the total number of parking spaces required for a structure with three (3) or more residential units, the total number shall be rounded up to the nearest whole number.

(f)

When subdividing any parcel of land within the Town, the vehicular access to and from parking for any principal building on a parcel shall be from a street, except as provided in Subsection 16-16-30(a) below, and no extraordinary measures shall be utilized to provide said access or parking.

(g)

When required by the Americans with Disabilities Act, the Town may require properly sized, handicapped accessible spaces for parking.

(Prior code 15-2-20; Ord. 4 §10, 1991; Ord. 3 §§1, 31, 1994)

Requirements for off-street parking are established as follows:

(1)

One-family dwelling units: two (2) spaces for four (4) bedrooms or less; one (1) additional space for a fifth bedroom; and an additional space for each two (2) bedrooms more than five (5).

(2)

Two-family dwelling units: four (4) spaces for four (4) bedrooms or less; five (5) spaces for a fifth bedroom; and an additional space for each two (2) bedrooms more than five (5).

(3)

Three-family and multi-family dwelling units: one and one-half (1½) spaces for each residential unit; provided, however, that one (1) additional parking space shall be provided for each bedroom in excess of two (2) per residential unit.

(4)

Accessory dwellings and employee dwellings: one (1) space for a residential unit studio or a one-bedroom unit; two (2) spaces for a unit having two (2) or three (3) bedrooms; three (3) spaces for a unit having four (4) bedrooms; and an additional space for each two (2) bedrooms more than four (4).

(5)

Bed and breakfast establishments: one (1) space for each rental bedroom; provided, however, that two (2) spaces for the owner's quarters and one (1) additional space shall be provided for every two (2) beds in excess of two (2) beds per bedroom.

(6)

Hotel, lodges, motels and resorts: one (1) space for each bedroom; provided, however, that one (1) additional parking space shall be provided for every two (2) beds in excess of two (2) beds per unit, and two (2) spaces each shall be provided for the owner's and/or manager's quarters.

(7)

Restaurants, clubs, retail bakeries, tasting/sales room micro-distilleries and premises licensed for consumption of alcoholic beverages, except those licensed for special events only: one (1) space for each five hundred (500) square feet of usable square footage or a portion thereof if the total usable square footage is between zero (0) and one thousand (1,000) square feet; one (1) space for each two hundred fifty (250) square feet of usable square footage or portion thereof from one thousand one (1,001) to two thousand (2,000) square feet; and one (1) space for each one hundred (100) square feet of usable square footage or portion thereof for usable square footage greater than two thousand (2,000) square feet. Outside usable square footage used for seating shall be counted as part of the total usable square footage by a factor of one-quarter (0.25). The above parking shall not be required if the restaurant is located within a hotel, lodge, motel or resort which serves only registered guests who contemporaneously stay at least one (1) night in the facility.

(8)

Restricted food service establishments: one (1) space for each five hundred (500) square feet of usable square footage or portion thereof if the total usable square footage is between zero (0) and one thousand (1,000) square feet; one (1) additional space for each five hundred (500) square feet of usable square footage or portion thereof above one thousand (1,000) square feet for establishments with no on-site patron seating; and for establishments with on-site patron seating, one (1) additional space for each two hundred fifty (250) square feet of usable square footage or portion thereof from one thousand one (1,001) to two thousand (2,000) square feet, and one (1) space for each one hundred (100) square feet of usable square footage or portion thereof above two thousand (2,000) square feet. Outside usable square footage used for seating shall be counted as part of the total usable square footage by a factor of one-half (½). The above parking shall not be required if the restricted food service establishment is located within a hotel, lodge, motel or resort which serves only registered guests who contemporaneously stay at least one (1) night in the facility.

(9)

Auto-related services: one (1) space for each one hundred (100) square feet of usable square footage or portion thereof.

(10)

Mobile homes: two (2) spaces for each mobile home.

(11)

Theaters, auditoriums and other uses having fixed seats, except churches: one (1) space for every four (4) seats.

(12)

Museums: one (1) space for every one thousand (1,000) square feet of usable square footage or portion thereof.

(13)

Individual dry storage units: one (1) space for every two thousand (2,000) square feet of storage building space or portion thereof.

(14)

Churches: one (1) space for every eight (8) sanctuary seats, and one (1) space for every five hundred (500) square feet of usable square footage or portion thereof used for other purposes outside the sanctuary.

(15)

Other uses: one (1) space for every five hundred (500) square feet of usable square footage or portion thereof. For these purposes, the square footage for fee calculation defined in Section 13-1-40 of the Code shall be used except that any space that is a common access space for multiple tenants such as stairwells, elevators and common corridors shall not be counted for purposes hereof.

(16)

Congregate housing: one (1) space per bedroom.

(17)

Deed restricted residential units: one (1) space for a residential unit studio or a one-bedroom unit; two (2) spaces for a unit having two (2) or three (3) bedrooms; three (3) spaces for a unit having four (4) bedrooms; and an additional space for each two (2) bedrooms more than four (4).

(Prior code 15-2-20; Ord. 3 §1, 1994; Ord. 5 §§1, 4, 10, 1995; Ord. 23 §3, 1995; Ord. 17 §1, 1996; Ord. 7 §2, 1997; Ord. 6, 1998; Ord. 8 §1, 2005; Ord. 4 §1, 2009; Ord. 21 §3, 2010; Ord. 9 §4, 2011; Ord. 10 §4, 2012; Ord. 16 §5, 2013; Ord. 13, § 3, 2021)

(a)

In the "B1" and "B3" Business Districts, any off-street parking along the front of any lot abutting upon a street may be required to be screened from view in a fashion acceptable to the Board. No access shall be allowed from Elk Avenue directly to any off-street parking; however, said access may be allowed from an alley upon approval by the Board, which must review the request using the criteria set forth in Article 8 of this Chapter for conditional use procedures.

(b)

In the "B2" Business District:

(1)

All parking must be on site and located on the rear of the parcel, with the exception of Block 24, whereon parking may be provided in the front of the parcel.

(2)

There shall be no individual parking spaces abutting the Town's streets or within thirty (30) feet of an intersection on the Town's avenues. Parking adjacent to Town avenues may be allowed only if landscaping is provided that screens the parking from Sixth Street.

(3)

Parking areas may be accessed from alleys that are one-way from Sixth Street, but no access shall be allowed from parking areas to Sixth Street via an alley. There shall be no access to parking from Sixth Street over lots abutting Sixth Street.

(4)

Underground parking is allowed, provided that such parking is not accessed directly from Sixth Street. The usable square footage ratio for the site may be increased by two hundred seventy (270) square feet per underground parking space, provided that the maximum usable square footage ratio for the site does not exceed one (1.0), excluding any affordable housing usable square footage ratio credit. Parking must be designed with adequate access aisles and in conformance with other requirements of this Code and other applicable codes.

(c)

In all districts where development causes the snow removal of uncovered areas in excess of one thousand two hundred ninety-six (1,296) square feet in order to accommodate year-round usage of parking, pedestrian access, trash removal or open space amenities, an area equal to at least thirty-three percent (33%) of said snow removal area shall be dedicated to snow storage. In lieu of providing said snow storage area, a snow melt system complying with the Town's Energy Code may be utilized in the areas where snow is removed therefrom, or the snow may be removed therefrom and stored on private property, so long as an easement, license or ownership in perpetuity is demonstrated.

(d)

In the "T" Tourist District, parking provided along the front of any site abutting upon a street may be required to be screened from view in a fashion acceptable to the Board.

(e)

In the "B3" Business District, off-street parking shall not be required for any residential building or portion thereof constructed prior to May 26, 1990, which continues to be used as a residence. Where, however, any change is made to the use of such residential building or portion thereof, parking for such bed and breakfast use must be onsite and not accessible from Elk Avenue.

(f)

In the "B3" Business District and "T" Tourist District, off-street parking requirements may be satisfied in part by allowing a person to give the Town a revocable easement to land which is adjacent to a public right-of-way which is not Elk Avenue and which is used for public parking, if the easement property can be used to change the configuration of the public parking such that there is a net gain of public parking spaces and the following conditions are met:

(1)

The person gives the Town a revocable easement to property adjacent to the public right-of-way, with the only cause for revocation being agreement of the parties;

(2)

The off-street parking credit given to the person conveying the easement is based upon the square footage of the property upon which the easement exists, with the number of spaces for which credit shall be given being equal to the square footage of the easement property divided by one hundred sixty-two (162);

(3)

The snow storage required pursuant to Subsection (c) above shall be provided;

(4)

A person may satisfy their residential off-street parking requirements under the following terms and conditions:

a.

The building(s) including all residential units shall be located on the same lot under the same ownership and further subdivision and/or condominiumization of the residential units is not permitted.

b.

A restrictive covenant shall be recorded to ensure that the residential units are restricted to use as affordable and/or long-term rentals.

c.

A parking management plan shall be prepared to address, at a minimum, the following issues: paving, striping of parking spaces, signage for resident parking only, parking/use restrictions, snow plowing/snow storage procedures that alleviate the need for residents to move their vehicles, monitoring/enforcement, maintenance and repair.

(5)

The easement agreement, and the terms for satisfying the required off-street parking under this Subsection in each particular case, shall be recorded as set forth in Section 16-9-70 of this Chapter.

(6)

The Board and Town Council have reviewed and approved the request for satisfying off-street parking requirements under this Article.

(g)

In the "C" Commercial District:

(1)

The primary street frontage of a property may not be utilized for residential parking.

(2)

Signage designating all residential parking spaces shall be posted.

(Prior code 15-2-20; Ord. 3 §1, 1994; Ord. 17 §3, 1996; Ord. 12, 1997; Ord. 18 §1, 2001; Ord. 1 §§3, 5, 2008; Ord. 17 §2, 2009; Ord. 8 §2, 2011; Ord. 16 §5, 2013; Ord. No. 3, § 2, 3-6-2017; Ord. No. 6, § 1, 3-19-2018)

Unless given conditional approval by the Board, all off-street parking must be located on the same or adjacent lot under the same ownership as the lot occupied by the principal user. If any portion of a parcel is so designated for off-site parking, such portion shall not thereafter be utilized for any other permitted or conditional use, including but not limited to FAR calculation, open space requirement, required setbacks, minimum lot size or snow storage for the remaining portion of the parcel, unless such parking use is thereafter terminated pursuant to Section 16-16-60 below.

(Prior code 15-2-20; Ord. 13 §7, 1991)

(a)

Whenever off-street parking is required, the Board is authorized to accept payment to the Town in lieu of providing the off-street parking, utilizing the following criteria:

(1)

Whether more than normal impacts would be created by requiring vehicles to park on-site;

(2)

The unlikelihood that on-site parking would be used on a regular basis;

(3)

The unavailability of public parking in the site vicinity; and

(4)

Impacts on the neighborhood.

(b)

Such payments shall be acceptable in cash, by the conveyance of land to the Town free and clear of all liens and encumbrances and/or by the conveyance to the Town of an easement, in the amount of three hundred (300) square feet per each off-street parking space otherwise required to be provided. An easement to the Town in lieu of providing required off-street parking shall be accepted by the Board only after consideration by the Board of the type, location and strategic importance of the proposed easement in light of the neighborhood context, and after consideration of the value to the Town of the proposed easement, including whether additional easements on adjacent properties will be required to make the easement useful. If the Board, after considering the above factors, determines that a proposed easement is not of sufficient value to the Town, so as to further Town goals of providing for alternative or public transportation options or other options which have the effect of reducing the demand for vehicular traffic and parking, and mitigation of the parking impacts caused by new development, then the Board may refuse to accept such proposed easement as payment in lieu of providing required off-street parking. The amount of such payment per required space shall be recommended by the Board and approved by the Town Council, by motion, at any regularly scheduled Town Council meeting after hearing staff and Board recommendations. The amount charged for said payments shall be reviewed at least annually prior to January 1. Notwithstanding any other provision of this Article to the contrary, no payment in lieu of providing off-street parking shall be allowed for residential uses in any district, or in the "B2" District with the exception of those portions of the "B2" District that occur within Blocks 24 and 25. Any such payment in lieu of off-street parking shall be applied to the following purposes only:

(1)

The creation and development of a long-term fund for acquisition of land and facilities for public parking purposes;

(2)

The provision of extra parking spaces upon land already owned by the Town by means of constructing improvements or improving maintenance procedures; or

(3)

Any other program reasonably designed to provide additional parking spaces or reduce the demand for existing parking spaces.

(c)

If, and only if, the following criteria exist, payment in lieu of providing required off-street parking may be made for the months of November through April of each year, in the amount of one-half (½) of the payment per required space as set forth above, provided that off-street parking is provided on site for the months of May through October of each year:

(1)

The area within which the use is located is primarily residential;

(2)

Subsection 16-16-30(a) above allows access to parking on the subject parcel to be from an alley only;

(3)

The only alley access to the subject parcel is very narrow, on a significant incline, immediately adjacent to residential structures and uses and has a significant potential to be dangerous if used during the winter; and

(4)

Such access should not be used during the winter.

(Prior code 15-2-20; Ord. 7 §1, 1989; Ord. 22 §13, 1992; Ord. 3 §1, 1994; Ord. 17 §2, 1996; Ord. 8 §1, 1999; Ord. 26 §1, 2000)

The requirements of this Article relative to off-street parking are set forth in order to permanently mitigate the parking impacts caused by new development. Any such off-street parking required and made a condition of any building permit approval shall be provided permanently. The failure, at any time in the future, to provide agreed-upon and required off-street parking shall be a violation of this Article and shall subject the owner to the penalty set forth in Section 16-24-20 of this Chapter and shall subject the building or use in question to revocation of its certificate of occupancy. The details of any such off-street parking arrangement shall be set forth with particularity in the "Notice of Agreement for Land Use Conditions and Restrictive Covenants" provided for in Section 16-9-70 of this Chapter. However, the Board may allow a change or modification in the means of satisfying the previously established off-street parking requirements so long as the number of required spaces are still provided and/or payment in lieu for these required spaces is approved and provided.

(Prior code 15-2-20; Ord. 3 §1, 1994; Ord. 4 §1, 2009)

The parking requirements set forth in this Article shall apply to any change or expansion in use. Parking requirements may be decreased because of changes in use for all or part of the subject building; provided, however, that no payment made in lieu of parking shall be refunded; and further provided that any subsequent changes in use may require additional parking as then required for the new use.

(Prior code 15-2-20; Ord. 3 §1, 1994; Ord. 4 §1, 2009)

An owner may satisfy his or her payment in lieu of parking requirements by making installment payments under the following terms and conditions:

(1)

The owner shall execute an instrument prepared by the Town Attorney that imposes a lien in favor of the Town upon the real property for the amount outstanding. The lien shall be recorded in the real property records of the County and shall be executed at the time the first installment is due.

(2)

The lien shall be prior to all other liens except general taxes and prior special assessments.

(3)

The lien document shall provide for the imposition of late fees in an amount established by resolution of the Town Council in the event payment is not made within ten (10) days of the due date.

(4)

The lien document shall provide that interest in the amount of ten percent (10%) per annum shall be imposed upon each late payment.

(5)

The lien document shall provide that, in the event the payment is not made within thirty (30) days of the due date, the Town may immediately thereafter collect and recover on the entire lien amount in the same manner as real property taxes against the property, including, without limitation, as provided for in Chapter 4, Article 8 of this Code.

(6)

In the event the Town undertakes an action to recover the unpaid amount, the lien shall be amended to include all costs and expenses associated with such action, including attorneys' fees, charges, late charges, costs and interest.

(7)

The installment payments shall be made in equal payments over a five-year period after the payment of the first installment, except that an owner may prepay any part of the obligation at any time without penalty.

(8)

The first payment shall be due at the time an owner obtains a building permit.

(9)

Subsequent payments shall be due on each anniversary of the date upon which the initial payment was made.

(10)

Payments shall be deemed not timely if they are made more than ten (10) days past the due date.

(11)

In the event the use reverts to a different use within the installment payment period elected by the owner of the property, the obligation to pay the original parking requirement shall remain in place.

(12)

Payments shall bear interest at the rate of five percent (5%) or the Prime Rate as listed in the Wall Street Journal plus three percent (3%) per annum, whichever is greater.

(13)

Upon the transfer of the property where all payments in lieu of parking in connection with the property have not been fully satisfied, the obligation respecting such outstanding payments in lieu of parking shall become accelerated and automatically due on transfer. For purposes hereof, transfer shall mean any grant or conveyance of the ownership of the property, or any part thereof, that is evidenced by any deed, instrument, writing or other form of conveyance wherein or whereby title to the property, or any part thereof, is granted or conveyed or where other indicia of the passage of ownership to the property exists, except that where the transferor continues, after the conveyance of ownership of the property or any part thereof, to retain control over the transferee. For purposes herein, control shall mean the ability of the transferor to substantially direct the policies of the transferee with respect to the property, whether directly or indirectly, and whether such influence exists by right, economic compulsion or otherwise.

(Ord. 8 §1, 2013)

(a)

Restaurant uses existing on May 14, 1994, shall be deemed to have satisfied all provisions of parking requirements for such uses and then-existing square footage.

(b)

In the event a conditional use permit is sought for a restaurant use in the same location that is of the same footprint and general configuration and of the same square footage amount as a restaurant use existed on May 14, 1994, no additional parking shall be required for such restaurant use.

(c)

In the event that a conditional use permit is sought for a restaurant use that is in the same location but not of the same footprint and general configuration as previously used on May 14, 1994, the provision of parking for such different space shall be required, and the parking requirement for such different space shall be calculated as an increment to the square footage of the original restaurant use.

(d)

In the event a conditional use permit sought is for a restaurant use with a square footage amount greater than the restaurant use as it existed on May 14, 1994, the provision of additional parking shall be required for any such additional square footage, which shall be calculated as an increment to the square footage of the original restaurant use.

(e)

No parking payment will be refunded in the event a lesser square footage use is sought.

(f)

A list of restaurant uses and the estimated square footage thereof, as they existed on May 14, 1994, is attached as Appendix G to this Code. This list shall be referenced by the Building Official in the event a conditional use permit is sought for a restaurant use.

(g)

Any conditional use permit applicant or the Town may submit such documentation as he or she may have to establish a different use or square footage than that set forth in said Appendix G; however, the final decision as to the use and square footage shall be finally determined by the Building Official.

(h)

Restaurants (and all buildings) for which their owners have made payments in lieu of providing off-street parking shall be permanently credited with those payments.

(Ord. 10 §1, 2005; Ord. 4 §1, 2009)

(1)

Mechanical lift parking systems may be approved at the discretion of the Board if it finds the following conditions are met:

(a)

The system is only associated with a hotel, lodge, motel or short-term residential accommodation use.

(b)

The system is managed and operated by trained persons.

(c)

The system is manufactured and maintained by licensed and certified vendors.

(d)

The system is housed inside an enclosed space and the Board has approved the architectural appropriateness of any structure associated with the enclosure if said structure is located above ground.

(e)

The system will provide the required parking supplied by the system over the life of the use it is associated with.

(f)

The Board must find that the system complies with the criteria for conditional uses found in Section 16-8-30.

(2)

If the mechanical lift parking system is provide parking for in excess of twenty (20) vehicles, the Board at its discretion, may allow the dimensions outlined in Section 16-16-10(a) to be reduced to a minimum of eight (8) feet in width, sixteen (16) feet in length and six (6) feet in height for stacked units in excess of the twenty (20) spaces.

(3)

The Board may waive the requirements of Section 16-16-10(d) for mechanical lift parking systems associated with the approved uses operated by valets.

(Ord. No. 3, § 3, 3-6-2017)