Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities then existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking and loading facilities shall, however, be provided as a condition for the issuance of any zoning permit for any enlargement of such structures or uses in the future to serve both the existing and proposed uses.

In case of exceptional difficulty or unusual hardship to such properties arising out of this requirement, appeal may be made to the Board of Appeals, which shall require such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming but shall not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or expansion and shall not permit reduction or elimination of whatever quantity of parking may already be in existence unless it is in excess of requirements.

Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures for which they were originally provided.

Parking requirements for land in any C-PS Planned Shopping District that is developed for nonresidential use shall be in accordance with the regulations for such district as shown on the Schedule of Regulations.[1]

Off-street motor vehicle parking facilities shall be provided as follows, except as provided above or where additional parking requirements may be made as a condition of the issuance of a special permit under Article III, in which case provisions of that article shall apply.

Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Board of Appeals, which shall consider all factors entering into the parking needs of such use and shall fix requirements in conformity with the general requirements of this chapter.

Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot, except that the Board of Appeals may approve the joint use of parking space by two or more establishments on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that the Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any of such establishments.

The Board of Appeals may waive the off-street parking requirements for any business establishment if it finds that a municipal parking lot located within 500 feet of such establishment will serve the parking needs of such establishment, provided that the off-street parking requirements shall be waived only to the extent that the municipal parking lot satisfies such requirements, giving due weight to the distance from such lot and other establishments served by such lots.

In a C-NR Neighborhood Retail or C-GC General Commercial District, any retail business or service establishment with a floor area of less than 250 square feet shall be exempt from the off-street parking requirements of this section.

The Planning Board, as part of a site plan approval, may designate a portion of land on a site that would otherwise be utilized for required off-street parking to be maintained as open space, until such time as future parking demands necessitate its use for off-street parking purposes. The Planning Board may permit such land banking of area devoted to off-street parking to include up to 40% of the required number of off-street parking spaces. The land banking of off-street parking spaces may be authorized by the Planning Board upon demonstration that reduced parking needs exist as of the time of site plan approval and the area subject to such land banking is suitable for potential future parking needs. The site plan approval shall provide that the land banked area will not be used for any other use and may, on the basis of increased parking demand, be converted from land banked open space to off-street parking spaces with the approval of the Town Engineer and Building Inspector, upon request of the property owner or as required by the Town Engineer or Building Inspector.

The required off-street parking facilities for structures and land uses which are hereafter developed shall be provided on the same lot or premises with such structure or land use, except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots and except that the Board of Appeals may permit all or part of the required spaces to be located on any lot within 300 feet of the building, except in a residence district, if the Board determines that it is impractical to provide all or part of the parking on the same lot with the building.

In any residence district except an R-5A or R-3A District, no unenclosed off-street parking facility shall be developed within 25 feet of a front lot line nor developed within five feet of a side or rear lot line. In a Residence R-5A or R-3A District, no unenclosed off-street parking facility shall be developed within 25 feet of a front lot line or 20 feet of a side or rear lot line. For purposes of this subsection, an off-street parking facility shall not include up to four unenclosed parking spaces on a lot improved by a one- or two-family dwelling.

For retail and service business establishments, restaurants and other places serving food and beverages: one space for the first 4,000 square feet of floor area or major portion thereof used for business purposes, and one additional spare for each additional 10,000 square feet of business floor space or major portion thereof. At least one loading space shall be required for each separate store.

For wholesale business, storage warehouse, manufacturing or industrial establishments, light manufacturing assembly or processing: one space for the first 10,000 square feet or portion thereof and one additional space for each 25,000 square feet or major portion thereof used for such purpose.

Reasonable and appropriate off-street loading requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Board of Appeals, which shall consider all factors entering into the loading and unloading needs of such use and shall fix requirements in conformity with the general requirements of this chapter.

For laboratories devoted exclusively to research, design and experimentation, one space per 75,000 square feet of gross floor area or part thereof, provided that the number of required spaces may be reduced if spaces are shared between contiguous buildings, subject to Planning Board approval.