Sec. 153.224 - General provisions for off-road parking facilities.

(A)

Except as otherwise provided in this chapter, parking spaces required in connection with the uses permitted in the residential districts shall be provided in private garages, carports, or spaces located on the same parcel as the main building. Parking spaces required for uses permitted in the CC District or for conditional uses permitted in the residential districts shall be provided in off-road parking areas located within 500 feet of the building such spaces are to serve. When the required off-road parking facilities are not situated on the same parcel as the use they are to serve, there shall be executed an appropriate legal instrument as approved by the Town Attorney to ensure the permanent use of such spaces.

(B)

For the purposes of Section 153.223, "floor area," in the case of places of assembly, offices, merchandising, or service types of uses shall mean the gross floor area used, or intended to be used, for service to the public as customers, patrons, clients, patients, or tenants and shall include the area occupied by fixtures and equipment used for the display or sale of merchandise. "Floor area" shall not include areas used principally for nonpublic purposes, such as storage, incidental repairs, processing, and packaging of

merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilets or rest rooms, for utilities, or for dressing, fitting, or alteration rooms.

(C)

Where more than one use is included in one building or on a single parcel, the parking requirements shall be the aggregate of the requirements for all such uses, except as specified for joint uses.

(D)

The parking space requirements prescribed in this subchapter may be satisfied by the permanent allocation of the required area or number of spaces for each permitted use in a common parking facility, cooperatively established and operated, either under private auspices or a public assessment district, provided the total of such off-road parking spaces allocated shall be not less than the aggregate of the individual requirements after allowing reductions for joint uses as set forth in division (E) below of this section. An appropriate legal instrument as approved by the Town Attorney shall be executed to ensure the permanent use of such spaces.

(E)

The Planning Commission may authorize the joint use of parking facilities as follows:

(1)

Up to 50 percent of the parking facilities required by this subchapter for a primarily daytime use may be provided by the parking facilities of a church or other house of worship, or any auditorium incidental to a public or parochial school, or the parking facilities of a primarily nighttime use; and up to 50 percent of the parking facilities required by Section 153.223 for a primarily nighttime use may be provided by the parking facilities of a primarily daytime use; provided, however, such reciprocal parking areas shall be subject to the conditions set forth in division (3) below of this section.

(2)

Up to 100 percent of the parking facilities required by Section 153.223 for a church or for an auditorium incidental to a public or parochial school may be supplied by the parking facilities of a use not normally open, used, or operated during the principal operating hours of such church or school, subject to the conditions set forth in division (3) below.

(3)

The following conditions shall be required for the joint use of parking facilities:

(a)

The structure or use for which the application is made shall be located within 500 feet of such parking facility.

(b)

There shall be no substantial conflict in the principal operating hours of buildings or uses for which the joint use of off-road parking facilities is proposed.

(c)

If the building, structure, or improvement requiring parking space is in one ownership, and the required parking space provided is in another ownership, partially or wholly, a legal instrument shall be executed by the persons concerned for the joint use. Such instrument shall be approved as to form and manner of execution by the Town Attorney and filed with the Town. Such instrument shall warrant that the parking area under joint use, as approved by the Town, shall not be made subject to any other contract for use without the prior consent of the Planning Commission.

(1975 Code, § 9-2.404) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)