Chapter 17.37
OFF-STREET PARKING
Sections:
17.37.040 Size and surfacing requirements.
17.37.050 Development of interior parks for parking.
17.37.080 Mixed and shared uses.
17.37.110 Payment for use of off-street parking spaces.
17.37.140 Creation of special improvement parking district.
17.37.010 Intent.
The intent of this chapter is to reduce traffic congestion and the need for parking on public streets and hazards caused thereby, and to provide private off-street parking adequate for each type of development in terms of both quantity and location. (Ord. 276 Exh. 1, 2024)
17.37.020 Location.
A. Required off-street parking shall be located as specified in this chapter:
1. Single-unit dwellings, on the same lot with the dwelling they are required to serve;
2. Multi-unit dwellings, on the same lot with the dwelling they are required to serve;
3. Hospitals, apartments, rooming and boarding houses, fraternity and sorority houses, not more than one hundred feet from the building they are required to serve;
4. Commercial and industrial uses, not more than three hundred feet from the building they are required to serve.
B. Where a distance is specified, such distance shall be measured by a straight line from the nearest point of the building to the parking area that it is required to serve.
C. Off-site parking areas must be accessible by a public street, parkway, or interior park and shall be owned or leased by the owner of the property being served by such parking and such parking lot shall have a recorded land covenant requiring such land be maintained as a parking lot so long as the property, building or use served is in operation or until another suitable parking area is established in accordance with this chapter and approved by the town council.
D. Required parking spaces may be located in any required front setback in the R-1, R-2, R-3, and R-4 districts, except a minimum of five feet must be maintained from any front lot line.
E. Parking may be placed in a front or side setback in the B-3, B-4, DOD, M-1, E-2, and PLI districts if no permanent fixture is placed in the required setback. (Ord. 276 Exh. 1, 2024)
17.37.030 Parking layouts.
Where more than three off-street parking spaces are required, they must be constructed in accordance with one of the designs shown in Figure 17.37.030 or other parking layout approved by the building official and the town council.
Figure 17.37.030 (Figures not drawn to scale)
Figure 17.37.031 (Figures not drawn to scale)
(Ord. 276 Exh. 1, 2024)
17.37.040 Size and surfacing requirements.
A. Parking spaces shall have a vertical clearance of at least seven feet. Dimensions of spaces shall be in conformance with Figure 17.37.030.
B. Where more than three off-street parking spaces are created, spaces must be developed and maintained with a dust-free surface approved by the building official and town council.
C. A bond for an amount equal to one hundred fifty percent the cost of those improvements shall be provided to the town to be held until such time as the required improvements are completed and approved.
D. If parking lot improvements are not completed, the bond shall be forfeited and bond proceeds shall be used to complete the project. (Ord. 276 Exh. 1, 2024)
17.37.050 Development of interior parks for parking.
The town may permit the development of interior parks; provided, that such development follows town engineering standards. Interior park development plans must be submitted to the town council for approval. A bond equal to one hundred fifty percent the cost of the improvements in the interior park shall be provided to the town to be held until such time as the required improvements are completed. The bond shall be returned upon completion of the development and with the approval of the town engineer (or designee). Parking developed in an interior park shall not be signed or otherwise encumbered in any way to suggest that the developed area is not open to and available for public access and use. (Ord. 276 Exh. 1, 2024)
17.37.060 Plans.
A plan of the proposed off-street parking facility shall be submitted along with the number of employees on the largest shift, and any application for a building permit. The plan shall clearly indicate the following:
A. Curb cuts;
B. Lighting;
C. Landscaping;
D. Construction details;
E. Fencing; and
F. Other features which may be required by the town council or the building official. (Ord. 276 Exh. 1, 2024)
17.37.070 Lighting.
Lighting used to illuminate a parking area shall be arranged in such a manner that it will not be a hazard to passing motorists or constitute a nuisance of any kind. Where the parking area is within one hundred fifty feet of any property classified as residential by this title and where the parking area is directly visible by the residents within one hundred fifty feet, illuminating devices shall be shaded in a manner that would direct the light away from the residential property. (Ord. 276 Exh. 1, 2024)
17.37.080 Mixed and shared uses.
Where two or more uses are combined in one development, the total parking spaces shall be the total of the spaces required for each individual use, unless it is determined by the town council that a smaller number of spaces is adequate because of staggered use during the day and night hours or seasonal changes in use during the year. If a building has seasonal changes of use, the use that generates the most required off-street parking space shall apply. Off-street parking for a single use, unless seasonal, shall not be considered for joint use as hereinafter specified. (Ord. 276 Exh. 1, 2024)
17.37.090 Joint use.
A. The town council may authorize the joint use of off-street parking facilities for the following uses or activities under the conditions specified:
1. Up to fifty percent of the required off-street parking for primarily nighttime uses such as theaters, bowling alleys, bars and supper clubs may be supplied by the parking requirement for primarily daytime uses such as banks, offices, retail, and personal service establishments.
2. Subsection (A)(1) of this section may be reversed so that parking for daytime uses may be used for nighttime activities.
3. Up to fifty percent of the parking facilities required by this chapter for churches or auditoriums may be supplied by the parking facilities provided for uses primarily of a daytime or weekday use nature.
B. Where joint uses are desired, an application shall be made to the town council. The application shall contain proof that there will be no substantial conflict in the principal operating hours of the two buildings or uses for which the joint use is proposed; that all other conditions within this chapter are met; and legal documents executed by the parties involved in the joint use guaranteeing use by both parties. The legal documents shall be approved by the town attorney and recorded with the town clerk and recorder. (Ord. 276 Exh. 1, 2024)
17.37.100 Spaces required.
The following numbers of off-street parking spaces per use are required in all zoning districts:
A. Single- and multifamily, two spaces per unit (one space as required may be within the driveway area and one space may be placed within a garage);
B. Apartments, one and one-half spaces per unit;
C. Rooming and boarding houses, two spaces per dwelling unit plus one space per rooming unit;
D. Churches and chapels, one space per three and one-half church or chapel seats;
E. Hotels, motels, and short-term rentals, one and seventy-five thousandths spaces per each room for rent, with the total rounded to the nearest whole number;
F. Mobile home parks, one space per mobile home;
G. Snowmobile, all-terrain vehicle, or similar vehicle rental shops, the number derived by multiplying the total number of snowmobiles for rent by three-tenths, rounded to the nearest whole number, and providing in addition at least thirty square feet of storage space for each rental snowmobile, which storage space may be provided in a separate storage structure. Space counted for parking shall not be counted as space used for storage and vice versa.
Example: Ninety-five snowmobiles for rent times three-tenths equals twenty-eight and one-half, or twenty-nine parking spaces;
H. Snowcoach operations, the number derived by dividing the number of rental seats by three and rounding to the nearest whole number, and providing in addition one ten-foot by twenty-foot parking space for each snowcoach, which parking space may be provided in a separate storage structure.
Example: Twenty-five snowcoach seats for rent divided by three equals eight and thirty-three hundredths, or eight parking spaces;
I. All commercial uses, the number derived by multiplying the factor in the parking factor table (Table 17.37.100) by the total square footage divided by one thousand and then figured to the nearest single decimal place; "total square footage" means the total usable space in the structure or business less unused basements, attics, and storage areas. When a building contains multiple uses, the building official may request the planning board to review the parking plan and make a recommendation regarding the number of parking spaces required by a new use; however, any new business shall provide at least one parking space.
Examples:
1. Bank building, two thousand two hundred fifty square feet (table factor is four and one-half): two and two-tenths (square feet in thousands) times four and one-half (table factor) equals nine and nine-tenths, or ten parking spaces;
2. Medical office building, three thousand one hundred twenty-five square feet (table factor is three and eight-tenths): three and one-tenth (square feet in thousands) times three and eight-tenths (table factor) equals eleven and seventy-eight hundredths, or twelve parking spaces;
J. All industrial uses, one and one-half spaces per employee;
K. Theaters or playhouses of any kind, but excluding outdoor theaters or drive-ins, one space per four theater seats;
L. Because of the existing public lands in the center of some blocks within the town, the town council may reduce the amount of parking spaces required by this chapter, if the existing public land in the center of a block is currently being used for parking, or where the council determines that the public land area can be used for parking. In making a reduction in the amount of parking spaces required, the council may require additional conditions, safeguards, or improvements to the public parking area;
M. No private parking space that removes or eliminates a public parking space may be counted or considered as a part of required off-street parking under this chapter;
N. Required parking spaces may not be used for storage of any kind (e.g., snow, dumpsters, boats);
O. Colleges, vocational schools, and trade schools, both public and private, one space per four classroom seats;
P. No work space shall be counted as off-street parking. This includes automotive repair bays, area adjacent to fuel pumps, loading bays, or similar spaces that serve a function other than off-street parking.
|
Use |
Factor |
|---|---|
|
Auto and equipment sales and rentals and similar establishments |
1.0 |
|
Auto service, tire service, body shops, plumbing, heating and electrical shops and similar establishments |
4.0 |
|
Bowling alley and similar entertainment enterprises |
6.5 |
|
Department and clothing stores and similar establishments |
2.5* |
|
Drive-in eating establishments |
20.0 |
|
Furniture stores and similar establishments |
1.0* |
|
General business 1. Grocery and drug stores, sporting goods, hardware and variety stores and similar establishments |
3.6* |
|
General business 2. Motor supply, paint stores, bakeries, upholstery and mail order houses and similar establishments |
1.5* |
|
Medical offices, clinics and hospitals and similar establishments |
3.8* |
|
Offices, banks, utility companies, barber and beauty shops and similar establishments |
4.5* |
|
Public eating and/or drinking establishments and similar establishments |
8.0* |
*See Section 17.37.110. The parking factor table accounts for employee parking within the factors.
(Ord. 276 Exh. 1, 2024)
17.37.110 Payment for use of off-street parking spaces.
Whenever within the B-3 zoning district of the town off-street parking spaces must be provided, the property owner or developer may, subject to town council review and approval, pay an annual fee for parking spaces not provided in accordance with Section 17.37.100.
The property owner or developer, upon written application to the town council, shall make a request to the town council to pay an annual fee for off-street parking spaces in lieu of those not provided by the property owner or developer. The town council shall review each application and shall only approve an application if it conforms to the intent of this code as set forth in Section 17.37.010, and to criteria established by the town council, including but not limited to traffic congestion, potential traffic hazards, and the general safety and well-being of the public.
If the application is approved, the property owner or developer shall pay an annual fee to the town for parking spaces not provided for the building or use, prorated in accordance with lot ownership. The fee paid does not "purchase" any specific parking space and does not entitle the purchaser to park on any public right-of-way.
Of the total parking required for motels, eighty percent must be provided on site. Twenty percent may be off site through the cash-for-parking fee.
Example: If a motel needs one hundred spaces, eighty spaces must be on site. They will still pay the current parking space fee for all twenty spaces.
For short-term uses, which are those uses shown with an asterisk in Table 17.37.100, the following formula shall be applied: total number of spaces required according to Table 17.37.100 minus those provided on premises, with the difference to be multiplied by two-tenths. The result is the number of spaces that must be purchased.
The fee charged for each parking space required which is not provided by the developer in accordance with the requirements of this chapter shall be assessed during the building permit process, the amount of which shall be established by resolution of the town council. This fee amount shall be paid to the town on an annual basis and shall be reviewed and adjusted periodically to reflect changes in the cost to maintain the spaces and in development costs. Approval by the town council shall be obtained and payment of the fee shall be made to the town prior to the issuance of a building permit, or if there is no construction or alteration of a building, but only a change of use, then prior to the granting of a business license. The town shall also collect an annual fee, set by the town council, for every business license renewal that utilizes cash for parking "spaces." This fee will ensure that continued use of the parking spaces helps create municipal parking in other areas. All fees collected and all interest earned shall be held in a parking fund established by the town to be used for the creation and maintenance of municipal parking spaces. Failure to pay the annual fee will result in the loss of the business license for any businesses located on the parcel. (Ord. 276 Exh. 1, 2024)
17.37.120 Payment exceptions.
Payment of parking spaces not provided shall not be acceptable for residential uses, excluding live-work units, in the B-3 zoning district. (Ord. 276 Exh. 1, 2024)
17.37.130 Change of use.
If the use or dimensions of a building change or if the use of a parcel of land changes and these changes result in an increase of parking demand under the parking factors in Section 17.37.100, the project shall be reviewed in its entirety to determine if the parking requirements are met. For the purposes of this section, a "parcel" shall, at a minimum, mean the entire lot upon which a building is located. If the owner of the property in question owns contiguous property which shares parking with the property being reviewed for change of use, then the contiguous property may be included in the change of use review required by this section. A site plan, showing all buildings, structures, and parking spaces, drawn to scale, shall be submitted as part of the review. The town shall not issue a building permit or a business license until the requirements of this chapter concerning off-street parking have been satisfied.
Using procedures established in Chapter 17.50, variances may be considered by the board of adjustment when an application for a change in use, outside of the B-3 district, will create a hardship due to any of the following:
A. Lot shape.
B. Lot size. (Ord. 276 Exh. 1, 2024)
17.37.140 Creation of special improvement parking district.
In creation of any special district, provisions must be made in the establishment of the district for those in the affected area who have provided sufficient on-site parking. (Ord. 276 Exh. 1, 2024)