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Montgomery Town City Zoning Code

§ 235-12.9

Exemptions and waivers.

A. 
Existing buildings and uses are exempt. The provisions of this section shall not apply to any building or structure or lot lawfully in use at the original effective date of this chapter, whether continued as a permitted or legal nonconforming use, or thereafter converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements.
B. 
Within an established municipal parking district where the municipality has, as a matter of public policy, taken the responsibility for providing adequate off-street parking facilities for all uses in the district, the off-street parking space requirements stipulated in this § 235-12 shall be automatically waived.
C. 
Where the Planning Board finds that a use is unlikely to require the amount of off street parking or truck loading spaces required by the section, it may grant a temporary waiver of the requirements and allow shadow or future parking in an area of the site that it believes could be suitably developed for off-street parking in the future should the site be occupied by a more intense traffic user. The permanent elimination of off-street parking shall only be allowed by the Zoning Board of Appeals.