§ 48-165. Alternative and reduced commercial parking requirements.

(a)

Shared parking associated with a new use or new development on adjacent property. If proposed parking facilities intended to serve any proposed use are to abut and be integrated with existing and conforming parking facilities serving other uses, the parking requirement for the proposed use may be reduced in accordance with this section, provided that:

(1)

Cross-easements are recorded in the county registry that allow unrestricted parking and traffic flow between the proposed and existing lots; and

(2)

Accumulated reduction of parking spaces does not exceed 50 percent of the number of spaces in the existing parking lot; and

(3)

Only one reduction option as provided in this section shall apply to any proposed use except as prescribed in subsection (e).

(b)

Shared parking associated with a conditional use plan or plan amendment. Proposed commercial uses in all commercial zoning districts may share, as a conditional use, a portion of existing and conforming parking spaces with other commercial uses in commercial zoning districts provided that the following conditions are met:

(1)

Application and approval for shared parking shall be in accordance with the application requirements for conditional uses under section 48-525.

(2)

The uses should have staggered or different business hours and parking demands, such as an office building open between 9:00 a.m. and 5:00 p.m. and a restaurant open between 5:30 p.m. and 11:00 p.m., or a business open during the week and a church where parking demand peaks on the weekend.

(3)

No more than 50 percent of required parking spaces for the proposed use may be shared with existing and conforming parking spaces of the other commercial use.

(4)

Commercial uses must be abutting and integrated with unrestricted traffic and parking flow between them or may be across a town street or private easement or alley within the same block.

(5)

When shared parking is devoted to a use other than parking, or business hours of one or more of the uses change to preclude the shared use of the parking spaces, or one or more uses change, increasing the amount of parking spaces required, or other changes in use or parking configuration occur, the conditional use permits for both sites must be amended appropriately.

(6)

For proposed commercial uses that redevelop existing commercial sites abutting the NC 12 Beach Road corridor from East Gulfstream to Eighth Street, an alternative parking plan may be proposed that provides a ten percent reduction in required parking and may be approved with or without a shared parking arrangement at the discretion of the board of commissioners as part of a conditional use plan.

(c)

Shared parking when two or more commercial uses exist on one commercial site or adjoining commercial uses on separate properties within a common development plan; conditional use. Proposed commercial uses in commercial zoning district C-3 may share, as a conditional use, a portion of existing and conforming spaces with other commercial uses on the same or adjoining site provided that the following conditions are met:

(1)

Application and approval for shared parking shall be in accordance with the application requirements for conditional uses under section 48-525.

(2)

No more than 60 percent of the required spaces for the proposed use may be shared with existing and conforming parking spaces of the other commercial use.

(3)

If, in the event, the proposed use has patrons or clients that are not of legal driving age (e.g., dance class for youths that are not legal driving age) both commercial uses may be in operation at the same time as long as integrated traffic pattern is developed which allows for a safe drop-off site for patrons. Such traffic pattern must be approved by the town engineer.

(4)

If such shared parking is devoted to a use other than parking, or one or more of the uses change, increasing the amount of parking spaces required, or other changes in use or parking configuration occur, the conditional use permits for both sites must be amended appropriately.

(d)

Off-site parking to meet use requirements; conditional use. Proposed commercial uses in all commercial zoning districts may, as a conditional use, use an off-site lot in a commercial zoning district to meet the minimum parking requirements of this section, provided the following conditions are met:

(1)

Application and approval of off-site parking shall be in accordance with section 48-525, application requirements for conditional uses.

(2)

The off-site lot does not have to adjoin the principal commercial use site, but shall be located no further than 300 feet from the principal use site and shall not be located on the opposite side of US 158 or U.S. 64/264 from the principal use site. A sidewalk or multi-use path connection must exist between off-site lot and the principal use when located along U.S. 158.

(3)

No more than 50 percent of the required parking for the use shall be permitted off-site. All required parking shall be conforming and constructed in accordance with the minimum requirements of this chapter. Lot coverage requirements for the principal use site and the off-site lot for parking shall be calculated separately.

(4)

Parking shall be the only use of the off-site lot, upon which no other principal or accessory uses shall be allowed.

(5)

An applicant for off-site parking must prove possession and control of the off-site parking property by the same person or entity having possession and control of the principal commercial use site. Such proof may be provided via copies of deeds or leases showing ownership and/or control of both the off-site parking property and the principal use property. The transfer of ownership or expiration of a lease agreement for either property may be grounds for revocation of the certificates of occupancy for the principal commercial site until additional sufficient off-site parking has been obtained and authorized.

(e)

Reduction of required parking for commercial uses with the use of bicycle racks. The governing body may allow the total parking requirement for the proposed use to be reduced by up to three parking spaces at a rate of one parking space per bike rack if one or more bicycle racks are located on the site provided that:

(1)

Each bicycle rack must be highly visible and conveniently located in close proximity to the entrance of the principal structure.

(2)

Each bicycle rack must support at least five bicycles.

(3)

Parking reduction shall not exceed more than one parking space per ten parking spaces provided.

(f)

Modification of parking requirements by conditional use permit.

(1)

Upon application, the board of commissioners may treat any permitted or conditional use allowed in a zoning district as a conditional use and modify the parking and loading requirements of this section in accordance with the procedures and limitations established for conditional use permits set forth in town Code section 48-525.

(2)

Conditional use permits shall be subject to conditions deemed necessary by town council to ensure compatibility with surrounding land uses and conditions.

(3)

In addition to the requirements of town Code section 48-525, no modification or waiver of parking or loading requirements shall be granted until the applicant has clearly demonstrated that the request:

a.

Will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety;

b.

Will not create parking impacts for adjacent properties or within town rights-of-way.

c.

Will not be contrary to the objectives specified in the CAMA land use plan;

d.

Is necessary to permit the reasonable use of the subject property; and

e.

Will not adversely impact adjacent property or the surrounding area.

(4)

In approving conditional use permit requests to modify parking and loading space requirements, the board of commissioners may require upgrades or alterations to the existing parking area to address issues associated with stormwater management, backing into town streets, and to facilitate inter-parcel connectivity.

(Code 1990, § 22-251(d)(2); Ord. No. 07-04-010, § I, 4-25-2007; Ord. No. 08-09-030, § I, 9-3-2008; Ord. No. 09-11-043, Pt. I, 11-4-2009; Ord. No. 10-01-003, Pt. I, 1-20-2010; Ord. No. 15-03-009 , Pt. III, 3-4-2015)