The intent of this chapter is to prescribe provisions, criteria and standards for off-street parking and loading areas. The town recognizes that inadequate off-street parking and loading areas may lead to traffic congestion, parking violations in adjacent streets, loss of economic opportunities, as well as unauthorized parking in adjacent lots. Excessive parking and loading areas may waste money and valuable space for development or open space, and increase the potential for drainage problems. This chapter seeks to balance the public and the private needs for off-street parking and loading areas.

(Ord. 645 §22, 2008; Res. 2021-06 §26, 2021)

(a)

At the time of erection of a new structure or at the time of enlargement or change of use of an existing structure, off-street parking spaces and loading areas shall be as provided in this Article.

(b)

Where square feet are specified, the area measured shall be the floor area primary to the functioning of the particular use of property and shall exclude stairwells; elevator shafts; hallways; ornamental balconies; space occupied by heating, air-conditioning or other utility equipment; and space devoted to off-street parking or loading.

(c)

The number of employees of a new or expanding business shall be estimated in a manner approved by the Planning Commission, and the number of employees of an established business shall be determined from an examination of employment information presented by the applicants.

(d)

Loading areas shall be of adequate size and design to facilitate all loading activities off a public right-of-way.

(e)

Shared off-street parking. When there are opportunities to support parking demand through shared off-street parking for compatible uses (such as a movie theater and an office building), a parking study and shared parking agreements shall be used to demonstrate the adequacy of the parking supply as a substitute for standard parking requirements. Shared parking agreement, as used in this Section, means an agreement that is recorded against the real property that is used in whole or in part to provide the parking spaces that are required pursuant to Section 16-202 below (the "parking property"), which agreement limits the use of the parking property to parking for the land development activity that is generating the need for the required parking spaces, until such time as the owner provides other real property for the required parking spaces that meets the requirements of this Chapter or makes a payment to the Commercial Parking Fund pursuant to Section 16-211 of this Article. The shared parking agreement shall be in the form of the standard parking agreement provided by the Town and shall be approved by the Town Attorney prior to recording.

(f)

Snow storage area required. Snow storage areas shall be provided for all parking lots. The amount of snow storage area shall be equal to or exceed ten percent (10%) of the total area of required parking spaces. Snow storage areas shall be located so as to not drain onto adjacent properties. Such areas may utilize excess parking spaces above the number required.

(g)

Any existing use which does not comply with the off-street parking requirements of this Article shall be considered a nonconforming use.

(h)

No bicycle parking spaces are required in the F, MR, LDR, MDR, HDR and NC districts. In all other zoning districts, at least three (3) bicycle parking spaces or ten percent (10%) of the required off-street parking spaces, whichever is greater, are required.

(Ord. 209 Art. VII §1, 1981; Ord. 422 §§1, 2, 3, 1996; Ord. 645 §23, 2008; Ord. 666 §2, 2008; Res. 2021-06 §27, 2021)

The year-round accessible off-street parking space requirements for each use shall be as listed below. Space, as used in this Section, shall mean an off-street parking space. In the CBD, applicants shall meet their off-street parking requirement by either providing parking behind or under the building or by making a payment into the Commercial Parking Fund for each nonprovided space.

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(Ord. 645 §24, 2008; Res. 2021-06 §28, 2021)

(a)

The provision and maintenance of off-street parking and loading spaces is a continuing obligation of the property owner.

(b)

No building permit or other permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking and loading space.

(c)

The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this Article.

(d)

Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be unlawful and a violation of this Article to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with.

(Ord. 209 Art. VII §3, 1981)

(a)

The Board of Trustees may increase or decrease the required number of off-street parking spaces in consideration of the following factors:

(1)

Probable number of cars owned by occupants of dwellings in the planned unit development;

(2)

Parking needs of any nondwelling uses;

(3)

Varying time periods of use; and

(4)

Whatever joint use of common parking areas is proposed.

(b)

Regardless of a reduction in off-street parking spaces by the Board of Trustees, adequate space and site design shall be provided to accommodate the standard number of spaces for the proposed use.

(Ord. 209 Art. VII §6, 1981)

Required parking spaces shall be located not farther than three hundred (300) feet from the building or use they are required to serve, measured in a straight line from the building.

(Ord. 209 Art. VII §7, 1981)

Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for the storage of vehicles, materials or refuse containers or for the parking of trucks used in conducting the business or use.

(Ord. 209 Art. VII §8, 1981; Ord. 645 §26, 2008; Res. 2021-06 §30, 2021)

Except as provided in Subparagraph 16-202(1)a, required parking in loading spaces shall be set back five (5) feet from the front lot line to achieve access definition through the use of driveways and landscaping.

(Ord. 209 Art. VII §9, 1981; Ord. 246 §7, 1983)

A plan, drawn to scale, indicating how the off-street parking and loading requirements, excluding single dwelling unit areas, are to be fulfilled shall accompany an application for a building permit. The plan shall show all elements necessary to indicate that the requirement is being fulfilled, including the following:

(1)

Delineation of individual parking and loading spaces;

(2)

Circulation area necessary to serve spaces;

(3)

Access to streets and property to be served;

(4)

Grading, drainage, surfacing and subgrading details; and

(5)

Other pertinent details.

(Ord. 209 Art. VII §10, 1981)

Adequate drainage facilities shall be provided. Curb or wheel stops may be provided.

(Ord. 209 Art. VII §11, 1981; Ord. 698 §1, 2011; Ord. 853, §4, 2023)

In lieu of meeting the minimum off-street parking requirements set forth in this Article, an applicant may agree to contribute to the Commercial Parking Fund by payment of the cost per off-street parking space established by the Town for each off-street space not provided by the applicant. In the event that the building existed at the location on March 5, 1996, the applicant shall be required to provide off-street parking for the new use in excess of the required spaces that have been required by the former use of the building.

(Ord. 422 §8, 1996; Ord. 666 §3, 2008; Res. 2021-06 §31, 2021)