The regulations of this article are intended to help ensure provision of off-street motor vehicle parking facilities, bicycle parking and other motorized and nonmotorized transportation circulation facilities in rough proportion to the generalized demands of different land uses. By requiring such facilities, it is the intent of this article to help avoid the negative impacts associated with spillover parking into adjacent areas, while at the same time avoiding the negative environmental and visual impacts that can result from unnecessarily large parking and vehicular use areas.

The provisions of this article are also intended to help protect the public health, safety and general welfare by providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the Town.

General. Unless otherwise expressly stated, the regulations of this article apply to all districts and uses.

New uses and development. Unless otherwise expressly stated, the parking regulations of this article apply to all new buildings constructed and all new uses established in all zoning districts.

Enlargements and expansions.

Change of use. When the use or occupancy of property changes, additional off-street parking and loading facilities must be provided to serve the new use or occupancy only when the number of parking or loading spaces required for the new use or occupancy exceeds the number of spaces required for the use that most recently occupied the building, based on the standards of this Zoning chapter. In other words, "credit" is given to the most recent lawful use of the property for the number of parking spaces that would be required under this Zoning chapter, regardless of whether such spaces are actually provided. A new use is not required to address a lawful, existing parking deficit.

Existing. Existing off-street parking and loading areas may not be eliminated, reduced or modified below the minimum requirements of this article.

An estimate of the parking needs for the use;

A thorough explanation of the basis of the estimate; and

Any data used in calculating the estimate, including parking generation studies, previous experience with similar uses or other information.

The Town of Princess Anne recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth herein may result in a development either with inadequate parking space or parking space far in excess of its needs. Alternative off-street parking standards may be accepted if the applicant can demonstrate that such standards better reflect local conditions and needs.

Without limiting the generality of the foregoing, the Planning and Zoning Commission may allow deviations from the parking requirements set forth herein when it finds that:

Whenever the Planning and Zoning Commission allows or requires a deviation from the parking requirements set forth herein, it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.

If the Planning and Zoning Commission concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by § 163-87 for a particular use classification is erroneous, it shall initiate a request for an amendment to the Table of Parking Requirements.

Purpose. All new development, including a change of use, is required to provide adequate off-street parking as prescribed in § 163-87. The Fee-in-Lieu Program allows an applicant to pay a fee for each parking space they are unable to provide on site. The fund into which the fee is paid is reserved for future provision of publicly accessible parking.

Applicability. The provisions of this section apply to all infill, development and redevelopment required to construct parking spaces according to the provisions in § 163-86.

Determination of Fee-in-Lieu Parking Program fee. The fee associated with this fee-in-lieu program shall be established by the President and Town Commissioners, taking into account national averages as reported in such sources as the most recent Engineering News Record Construction Cost Index (ENR CCI) as well as local land and construction costs. This fee shall be updated yearly. The fee shall be for each parking space, the construction of which a developer cannot construct or provide through long-term agreement for the use of available nearby spaces.

Collection. The Fee-in-Lieu Parking Program fee will be collected by the Town prior to the issuance of any construction authorization or final occupancy permits for the building or portion thereof associated with the fees.

Accounting. Fee-in-Lieu Parking Program fees and all the interest earnings on those fees will be placed in an account specific to the provision of publicly accessible parking. The Town will maintain a record of all properties that have met their required parking space obligation by paying the appropriate fee for the spaces. Payment of this fee does not absolve the developer from any future obligation to participate in future construction of publicly accessible parking spaces through additional funding mechanisms (e.g., a local improvement district, tax increment financing, etc.). Payment of this fee also does not guarantee the developer that parking spaces will be constructed for the sole use of or in the immediate proximity of that development.

Project implementation. Projects funded from the Fee-in-Lieu Parking Program may be implemented either by the construction of publicly accessible parking spaces through the Town's Capital Improvement Program or by disbursing funds to a developer constructing the improvements. Funds may also be used to convert existing private parking spaces to publicly accessible parking spaces through the purchase or lease of underutilized private parking spaces. Planning for parking capital improvement projects funded by Fee-in-Lieu Parking Program fees will be initiated at the discretion of the President and Town Commissioners. It should be recognized that to provide for a logical and cost effective construction of parking improvements, projects funded by Fee-in-Lieu Parking Program fees may be phased and may be constructed such that the parking spaces do not directly serve parcels from which the fee was collected.

Purpose. Sharing parking among different users can result in overall reductions in the amount of motor vehicle parking required. Shared parking is encouraged as a means of conserving scarce land resources, reducing stormwater runoff, reducing the heat island effect caused by large paved areas and improving community appearance.

Applicability. Shared parking facilities are allowed for mixed-use projects and for multiple uses with different periods of peak parking demand, subject to approval by the Code Enforcement Officer. Required residential parking and accessible parking spaces (for persons with disabilities) may not be shared and must be located on site.

Methodology. The number of parking spaces required under a shared parking arrangement must be determined in accordance with the following:

Other uses. If one or more of the land uses proposing to make use of a shared parking arrangement do not conform to the land use classifications in Table 89-1, as determined by the Codes Enforcement Officer, then the applicant must submit sufficient data to indicate the principal operating hours of the uses. Based upon this information, the Code Enforcement Officer is authorized to determine the appropriate shared parking requirement, if any, for such uses.

Alternative methodology. As an alternative to the shared parking methodology in Subsection B(3), the Code Enforcement Officer is authorized to approve shared parking calculations based on the latest edition of the Urban Land Institute's or the Institute of Transportation Engineers' shared parking model or based on studies prepared by professional transportation planner or traffic engineer. The shared parking analysis must demonstrate that the peak parking demands of the subject uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses.

Location. Shared parking may be located on site or off site. Off-site parking is subject to the regulations of § 163-90.

Responsibility for calculations. Applicants seeking approval of a shared parking arrangement shall be responsible for preparing and submitting all shared parking information and calculations to the Codes Enforcement Officer.

Off-street parking spaces accessory to a detached house, attached house or two-unit house may be located in any driveway The driveway must be improved with a hard, dustless material, generally asphalt or concrete, as approved by the Code Enforcement Officer.

Off-street parking spaces for uses in existence before September 8, 1987, may be located in a required street setback, provided they are set back at least five feet from the right-of-way.

When allowed. All or a portion of required off-street parking for nonresidential uses may be provided off site, in accordance with the regulations of this section. Required accessible parking spaces and parking required for residential uses may not be located off site.

Location. Off-site parking areas must be located within a one-thousand-foot radius of the use served by such parking, measured between the entrance of the use to be served and the outer perimeter of the farthest parking space within the off-site parking lot. Off-site parking lots are allowed only in zoning districts that permit the principal use to be served by the off-site parking spaces, unless approved as a special exception.

Design. Off-site parking areas must comply with all applicable parking area design and parking lot landscape regulations of this Zoning chapter.

Control of off-site parking area. The property to be occupied by the off-site parking facilities must be under the same ownership as the lot containing the use to be served by the parking. The off-site parking area may be under separate ownership only if an agreement is provided, in a form approved by the Town Attorney, guaranteeing the long-term availability of the parking, commensurate with the use served by the parking. Off-site parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If an off-site parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this article.

The vehicle, equipment, supplies or tools are located within a completely enclosed building; or

The vehicle, equipment, supplies or tools are being used in connection with a legitimate service actually being rendered for the benefit of the subject lot.

Off-street parking areas must be designed and constructed in accordance with the regulations of Table 92B(1). (See also Figure 92-1.)

The purpose of this section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. With respect to motor vehicles in particular, safety considerations are the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated. This section is not intended to apply to public streetlighting.

Parking lot lighting shall be of low-intensity from a concealed source, shall be of a clear white light which does not distort colors and shall not spill over into adjoining properties, buffers, roadways, or in any way interfere with the vision of oncoming motorists.

An exterior lighting plan shall be submitted to the Town in order to determine whether the requirements of this section have been met and that adjoining property will not be adversely impacted by the proposed lighting.

Illumination levels shall not exceed 0.5 horizontal footcandle at the property line when adjacent to a residential zoning district.

Each required off-street parking space must open directly upon an aisle or driveway with a width and design that provides safe and efficient means of vehicular access to the parking space.

All off-street parking must be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with motorized and nonmotorized traffic.

Driveways leading to detached garages or parking areas serving a detached house, attached house or two-unit house must be at least 10 feet in width. No driveway serving a detached house, attached house or two-unit house across public property or requiring a curb cut may exceed 16 feet in width, excluding any flared pavement portion, as measured at the lot line. (See Figure 92-3.)

All other uses must be designed with appropriate means of vehicular access from the street, as approved by the Code Enforcement Officer.

All driveways must be improved with a compacted stone base and surfaced with asphalt, concrete or other comparable all-weather, dustless material.

There is adequate on-site maneuvering and circulation area for vehicles and pedestrians;

Vehicles awaiting service do not impede traffic on abutting streets; and

Impacts on surrounding uses are minimized.

Stacking lanes must be designed so that they do not interfere with parking movements or safe pedestrian circulation. Stacking lanes must have a minimum width of 10 feet.

All stacking lanes must be clearly identified through such means as striping, landscaping, pavement design, curbing and/or signs.

Off-street loading spaces must be at least 12 feet in width and 35 feet in length unless off-street loading will involve the use of semitractor-trailer combinations or other vehicles in excess of 35 feet in length, in which case the minimum size of a loading space is 12 feet by 55 feet. All loading spaces must have a minimum vertical clearance of 14 feet.

All loading spaces must be located on the subject lot and include sufficient maneuvering space to prevent interference with pedestrian or vehicular circulation on the subject site and on public streets and sidewalks, as determined by the Code Enforcement Officer.

All loading spaces must be located on the subject lot, provided that the Code Enforcement Officer is authorized to approve central off-street loading spaces for a group of contiguous lots as a substitute for loading berths on individual lots if the following conditions are met:

All loading spaces for semitractor-trailer combinations must be set back at least 25 feet from the nearest point of intersection of any two street rights-of-way and at least 50 feet from all residential zoning districts. Loading spaces may be located within 50 feet of a residential zoning district if completely enclosed by a building wall or fence at least six feet in height.

All off-street loading areas must be properly engineered and improved with a compacted stone base and an all-weather, dustless surface, generally asphalt or concrete.

Plans for the location, design and construction of all loading area are subject to approval by the Code Enforcement Officer.

Loading spaces may not be used to satisfy off-street parking requirements or for the conduct of vehicle repair or service work of any kind.

All parking lots must be set back a minimum of 40 feet from property lines.

All parking areas shall be provided with a hard surface and proper drainage and, when located in front of buildings, shall be curbed.

No truck dock shall be located so as to require backing from or to any public road or street. Maneuvering space to serve a truck dock must be totally within the building owner's property.

Landscape screening must be provided between loading areas and adjacent property or the street right-of-way.

Loading areas must be set back at least 15 feet from the nearest property line.