This article is adopted as an innovative land use control pursuant to the authority granted by RSA 674:16 and 674:21, and procedurally in accordance with RSA 675:1, II.

(Ord. No. O-2010-07-A, 12-16-2010)

The purpose of this article is to allow a reduction in the total number of parking spaces required for properties within the sustainable energy efficient development (SEED) overlay and to reduce the amount of impervious surfaces within the SEED overlay.

(Ord. No. O-2010-07-A, 12-16-2010)

Applicants for a site plan review, subdivision review, or building permit within SEED overlay that have been found eligible for the incentives contained within the SEED overlay, pursuant to section 102-1433; may evaluate the feasibility of shared parking arrangements and become party to a shared use parking agreement where:

(1)

The application includes a mixed-used development within 750 feet of a parking facility; or

(2)

The number of required parking spaces for a mixed-use development exceeds the ability of the applicant to provide that parking either on-site or off-site.

(Ord. No. O-2010-07-A, 12-16-2010)

(a)

Shared parking is allowed between two or more uses to satisfy all or a portion of the minimum parking requirement.

(b)

Shared parking is permitted between different uses.

(c)

Shared parking is permitted between uses with different hours of operation or different hours of peak demand.

(d)

A use for which shared parking is being proposed shall be located within at least 750 linear feet of the shared parking area(s).

(e)

Pedestrian connections must be identified and provided between shared parking areas(s) and building entrances;

(f)

Pedestrians shall not be required to cross an arterial street to access shared parking area(s), unless a signalized intersection is available.

(g)

An agreement outlaying the terms and conditions of shared parking, executed by the parties involved, shall be filed with and approved by the zoning administrator. Shared parking privileges shall continue only as long as the executed shared parking agreement is in effect. Once the agreement is no longer in effect, minimum parking requirements shall be provided for according to section 102-793.

(Ord. No. O-2010-07-A, 12-16-2010)

(a)

Upon application for shared parking, the zoning administrator shall determine the number of parking spaces that may be shared based upon a shared parking feasibility study prepared and paid for by the applicant.

(b)

Such a shared parking feasibility study shall:

(1)

Identify properties and uses being studied for shared parking;

(2)

Determine the minimum number of spaces required by zoning for each separate use being considered for a shared parking agreement;

(3)

Calculate the peak parking demand of daytime uses being considered for a shared parking agreement. Daytime uses shall be any use operating between 8:01 a.m. and 5:59 p.m.;

(4)

Calculate the peak parking demand of nighttime uses being considered for a shared parking agreement. Nighttime uses shall be any use that operates between 6:00 p.m. and 8:00 a.m.;

(5)

Determine the optimal peak parking allocation for all combined daytime and nighttime uses being considered for a shared parking agreement, using either standard parking generation rates as established in the most current edition of the Institute of Transportation Engineers Parking Generation Manual or the results of field surveys, if standard generation rates are not available;

(6)

Compare the difference of the results of (2) and (5) above.

(c)

If the zoning administrator finds that the shared parking feasibility study demonstrates that shared parking could result in a net decrease in required parking, the zoning administrator shall use the minimum number of required parking spaces, as defined by the shared parking feasibility study, as the minimum number of required parking spaces.

(Ord. No. O-2010-07-A, 12-16-2010)

(a)

Prior to issuance of a building permit for any use for which shared parking has been approved as a means to meet the minimum parking requirements, the zoning administrator shall require that the owners of the properties enter into an agreement guaranteeing access to, use of, and management of designated shared parking spaces. Such an agreement shall be submitted in a form approved by the city attorney for the city attorney's office to review and approve.

(b)

New business establishments and residences seeking to meet parking requirements by becoming part of an existing shared parking agreement shall provide the zoning administrator with documentation establishing that sufficient parking capacity exists to accommodate the minimum parking requirements of all uses together with an amendment to the shared parking agreement identifying the new establishment or residence as a party to the shared parking agreement, subject to review and approval by the city attorney.

(Ord. No. O-2010-07-A, 12-16-2010)

(a)

For any property with an existing site plan relying on shared parking to meet minimum parking requirements, the zoning administrator may require an applicant for a building permit to submit a shared parking plan. Such a plan shall be reviewed as a modification to an existing site plan, using the rules and procedures established in the planning board's site plan and subdivision review regulations. Such a plan shall include the following:

(1)

A site plan indicating parking spaces intended for shared parking spaces, the user(s) of these parking spaces and their proximity to the uses they serve;

(2)

A pedestrian circulation plan that shows connections and walkways between shared parking areas and uses party to a shared parking agreement.

(Ord. No. O-2010-07-A, 12-16-2010)