1. Intent of Parking Requirements.
It is the intention of this Bylaw that all structures be provided with sufficient off-street parking space to accomplish the following:
a) Meet the needs of persons employed at or making use of such structures;
b) Maximize the efficiencies of parking facilities and uses;
c) Ensure that any land use involving the arrival, departure, or storage of motor vehicles on such land be so designed as to reduce hazards to pedestrians and abutters;
d) Reduce congestion in the streets and contribute to traffic safety by assuring adequate space for parking of motor vehicles off the street;
e) Provide necessary off-street loading space for all structures requiring the large-volume delivery of goods; and
f) Promote better site design through the use of flexible parking standards.
2. Applicability.
a) No permit or certificate of occupancy shall be issued by the Inspector of Buildings for (1) a new structure, or (2) change of use, or (3) the enlargement, reconstruction, alteration, or relocation of an existing structure, or (4) the development of a land use, unless off-street parking and loading facilities have been laid out and approved in accordance with the requirement set forth in Section 8.1.
b) The Planning Board shall be the Special Granting Authority (SPGA) for all Special Permits under Section 8.1.9 and parking facilities that require a Site Plan Review Special Permit under Sections 8.3 and 10.3 of this Bylaw.
3. Special Regulations
a) Any use in existence or lawfully begun on the effective date of this Section is not subject to these parking requirements, but any parking facility thereafter established to serve such use may not in the future be reduced below the requirements contained in this Section.
b) Changes of use of a structure that does not conform to these parking requirements are permitted without being subject to these requirements provided that the new use does not require more parking than the former use and the property has been vacant or unoccupied for no more than three (3) years.
c) If the Inspector of Buildings is unable to identify a use with one (1) or more of the uses in the schedule below, an application shall be made to the Planning Board for the purpose of determining a sufficient quantity of parking spaces to accommodate the vehicles of all customers, employees, visitors, occupants, members or clients consistent with the provisions contained in the schedule below.
4. Off-Street Parking General Requirements
a) Number of Spaces Required. In all districts, unless otherwise stated herein, off-street parking spaces shall be provided and maintained in connection with the construction, conversion, or increase in units or dimensions of buildings, structures or use, such spaces to be provided in at least the following minimum amounts provided in the following Table of Off-Street Parking Regulations and accompanying notes below.
Notes:
1. ksa equals 1,000 square feet.
2. Where the computation of required parking spaces results in a fractional number of 0.5 or above, the required number of parking spaces shall be rounded up to the next whole number.
3. Where fixed seats are not used in a place of assembly, each fifteen (15) square feet of floor area in the largest assembly area shall equal one (1) seat.
4. Where uses are of the open-air type and not enclosed in a structure, each square foot of lot devoted to such use shall be considered to be equivalent to one fifth of a square foot of gross floor area.
5. Where development of a site results in the loss of on-street parking spaces, the number of on-street parking spaces lost shall be provided on the site, in addition to the number of spaces required for the use unless otherwise stated herein.
6. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1,000 square feet of Gross Floor Area for retail development in the Village Commercial District.
7. In appropriate circumstances, where the provision of adequate off-street parking is not otherwise feasible, the Planning Board may include on-street parking within the determination of adequate parking arrangements for a particular use, particularly in the so-called Downtown Area which for the purposes of this Section shall be defined as the following areas: (i) Main Street from Sutton Street to Merrimac Street, including 200 feet from Main Street on the following side streets; Waverley Road, First Street, Second Street, and School Street; (ii) Sutton Street from Main Street to Charles Street; (iii) Water Street from Main Street to High Street; and, (iii) High Street from Water Street to Prescott Street.
b) Accessible Parking.
Parking facilities shall provide specially designated parking stalls for persons with disabilities in accordance with the Rules and Regulations of the Architectural Access Board, as amended (521 C.M.R.) implemented by the Architectural Access Board of the Commonwealth of Massachusetts Executive Office of Public Safety and Security or any agency superseding such agency. Accessible parking shall be clearly identified by a sign stating that such parking stalls are reserved for persons with disabilities. Said accessible parking shall be located in the portion of the parking lot nearest the entrance to the use or the structure, which the parking lot serves. Adequate access for persons with disabilities from the parking area to the structure shall be provided. To the extent that any provision of this Section 8.1 conflicts with the Rules and Regulations of the Architectural Access Board (521 CMR), the Rules and Regulations of the Architectural Access Board shall govern.
5. Design Standards
All required parking areas shall have minimum dimensions as follows:
a) Dimensions of Parking Spaces and Maneuvering Aisles.
On any lot in any district, parking spaces and maneuvering aisles shall have the minimum dimensions set for the in the following table and Section 8. 1, unless specifically stated elsewhere in this Bylaw and/or as modified upon the recommendation of the Planning Board.
Minimum Parking Space and Aisle Dimensions for Parking Lots (in feet)
b) Vehicular and Pedestrian Circulation.
Pedestrian walkways, driveways, and parking areas shall be designed with respect to topography, integration with surrounding streets and pedestrian ways, number of access points to streets, general interior circulation, adequate width of drives, and separation of pedestrian and vehicular traffic so as to reduce hazards to pedestrians and motorists.
c) Entrance and Exit Driveway.
i) Single-family dwellings shall have a minimum driveway entrance of twelve (12) feet.
ii) For facilities containing fewer than five stalls, the minimum width of entrance and exit drives shall be twelve (12) feet for one-way use and eighteen (18) feet for two-way use, and the maximum width twenty (20) feet.
iii) For facilities containing five (5) or more stalls, such drives shall be a minimum of twelve (12) feet wide for one-way use and twenty (20) feet wide for two-way use. The minimum curb radius shall be fifteen (15) feet. The maximum width of such driveways at the street line shall be twenty-five (25) feet in all districts.
iv) The Planning Board may modify such width and radius limitations when a greater width would facilitate traffic flow and safety. All such driveways shall be located and designed so as to minimize conflict with traffic on public streets and provide good visibility and sight distances for the clear observation of approaching pedestrian and vehicular traffic.
d) Surfacing, Drainage, and Curbing.
Parking areas shall be graded, surfaced with asphalt, concrete, or other suitable non-erosive material, and drained in a manner deemed adequate by the Planning Board to prevent nuisance of erosion or excessive water flow across public ways or abutting properties, and natural drainage courses shall be utilized insofar as possible. Curbing, with the addition of guardrails wherever deemed necessary by the Planning Board, shall be placed at the edges of surfaced areas, except driveways, in order to protect landscaped areas and to prevent the parking of vehicles within required setback areas. Entrance and exit driveways shall be clearly defined by curb cuts, signs, and striping. All curbing installed within the public way of such driveways shall be of granite. Design standards and specifications for parking surfacing, drainage and curbing shall be those set forth in the Rules and Regulations Governing the Subdivision of Land in the Town of North Andover, as amended, unless waived or modified by the Planning Board in accordance with Section 8.1.8.
e) Loading Bay Requirements.
i) In all districts, unless otherwise stated herein, off-street loading spaces shall be provided and maintained in connection with the construction, conversion, or increase in units or dimensions of buildings, structures or use, such spaces to be provided in at least the following minimum amounts provided below.
ii) Unless modified by the Planning Board pursuant to Section 8.1.8 all required loading facilities shall have a minimum dimensions of twelve (12) feet wide, twenty-five (25) feet in length, fourteen (14) feet in height clearance, and located, arranged, and of sufficient number to allow service by the type of vehicle customarily excepted for the use while such vehicle is parked completely clear of any public way or sidewalk.
iii) The requirements of this section shall apply to individual users of new and substantially altered structures, provided that when a building existing on the effective date of this Bylaw is altered or expanded to increase the gross floor area by at least five thousand (5,000) square feet, only the additional gross floor area shall be counted toward the off-street loading requirements.
f) Lighting of Parking Areas.
All artificial lighting used to specifically illuminate any parking space, loading bay, maneuvering space, or driveway shall be so arranged that all direct rays from such lighting fall entirely within the parking or loading area and shall be shielded so as not to shine upon abutting properties or streets. The level of illumination of lighting for parking and loading areas shall be low so as to reduce the flow of ambient lighting perceptible at nearby properties or streets.
6. Location and Layout of Parking Facilities.
a) Proximity to Principal Use
Required off-street parking spaces and loading bays shall be provided on the same lot as the principal or accessory use they are required to serve, except as allowed under Section 8.1.8(d).
b) Parking in Structures.
Require off-street parking spaces or loading bays may be wholly or partly enclosed in a structure. When partly enclosed in a structure, such as in a building on support beams or stilts which are readily visible from a street, all sides of such a building directly facing streets must be fully enclosed with fixed building materials and/or sufficient natural buffering so as to screen the structured parking areas from the streets.
c) Parking on Rights-of-Way.
No parking area or aisles shall be laid out on land, which is reserved as a vehicular right-of-way, whether developed or undeveloped, and whether public or private unless otherwise permitted as provided in Section 8.1.4.
d) Parking in Required Setbacks.
No unenclosed parking area shall be allowed within five (5) feet of a front lot line except on a residential driveway.
e) Village Commercial District.
i) Parking lots shall be provided only at the side or to the rear of the buildings. The Planning Board may, at their discretion, allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to.
ii) No single section of parking may contain more than twenty-five percent (25%) of the total proposed parking spaces or more than fifty (50) spaces, whichever is less. As a method of division, 6' wide parking lot islands shall be installed to provide the proper break between adjacent parking lots. For projects which require less than fifty (50) spaces in total, the Planning Board may allow fifty (50) spaces to be located together if an effective visual buffer is provided. Each landscaped island must be 6' in width at the minimum. In locations where the possibility exists to enlarge the entire island or portions thereof, the Planning Board would recommend that such measures be taken.
f) Residential Zoning Districts.
i) For single- and multifamily dwellings, the front yard shall not be used for parking for accessory uses.
ii) Parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational vehicles and boat storage (if any) shall be within closed structures.
iii) Garaging of off-street parking of not more than four (4) motor vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be commercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agriculture implements on an agriculturally active farm or orchard on which such vehicles are parked.
7. Exceptions.
The regulations of this section shall not apply to residential and non-residential uses or structures whose minimum parking under the above schedule would amount to five (5) parking spaces or less.
8. Special Permits.
The Planning Board as SPGA, may grant a Special Permit modifying certain parking/loading standards of this Section and/or Section 8.4 (Screening and Landscaping Requirements for Off-Street Parking), but only in the specific circumstances listed under "a" through "h" below. The SPGA may grant such special permit only when: (a) consistent with the purposes set forth in Section 8.1; (b) making the findings and determinations set forth in Section 10.3; (c) making a finding that the requested relief falls within one or more of the categories for the specific relief requested (any of cases "a" through "h" below); and, (d) upon a determination that the relief does not cause detriment to the surrounding neighborhood based upon any of the following applicable criteria:
(i) Increase in traffic volumes;
(ii) Increased traffic congestion or queuing of vehicles;
(iii) Change in the type(s) of traffic;
(iv) Change in traffic patterns and access to the site;
(v) Reduction in on-street parking; and/or,
(vi) Unsafe conflict of motor vehicle and pedestrian traffic.
If a proposed development or project seeking a Special Permit pursuant to this Section 8.1.8 also requires the granting of a Site Plan Approval Special Permit pursuant with Section 8.3 (Site Plan Review), the conditions and requirements under this Section 8.1 shall be incorporated into and combined as a single application, review, and approval process for a Site Plan Review Special Permit issued in accordance with Section 8.3.
The surface of the area where parking spaces may be reduced under a Special Permit for this section shall be suitable landscaped but shall not be used for purposes of satisfying the Usable Open Space requirements under the Zoning Bylaw. Circumstances under which the SPGA may grant a Special Permit pursuant to this Section 8.1.8 are as follows:
a) Modification of Parking Requirements for Non-Conforming Structures, Lots and Uses. Where the total number of new parking spaces required by this Bylaw is five (5) or fewer for lots or sites that are determined by the Inspector of Buildings to be nonconforming with respect to parking, as specified in Section 8.1.
b) Modification of Parking/Loading Area Design Standards.
Where the design of a parking lot, loading area or aisle width differs from the provisions of Sections 8.1.5 or other parking provisions in this Zoning Bylaw, provided such design is prepared by a certified professional engineer or architect in the case of a parking garage or other structure, or by a certified professional engineer, architect or landscape architect in the case of a parking lot. Modification of parking design standards may be permitted to allow "Tandem Parking" (defined as two parking spaces placed one behind another in single file) on a temporary basis for purposes including but not limited to valet parking for restaurant uses, for employee parking, or other purposes upon such terms and conditions as may be acceptable to the Planning Board.
c) Municipal Parking Facility. To allow the substitution of space on a particular lot with parking spaces located within a municipal parking lot to satisfy the parking requirements of this Section 8.1.4, provided the municipal parking lot where such parking spaces are located is within a distance of five hundred (500) feet of the building or use (measured from property line to property line), which is intended to be served and demonstration that doing so will not exceed the cumulative peak demand of said municipal parking lot in a manner which is inconsistent with the objectives of Section 8.1.
d) Parking on a Separate Lot / Satellite Parking.
i) Required off-street parking facilities shall be provided on the same lot or premises as the principal use they are intended to serve, or on a lot in the same ownership adjacent to such use. When practical difficulties, as determined by the SPGA, preclude the establishment of the required parking spaces on such lot or premises (or lot or premises adjacent thereto), the SPGA may allow the establishment of parking on such other lot upon such terms and conditions as the SPGA may deem necessary to ensure the continued availability of such spaces.
ii) Where the applicant does not own such other lot, the applicant shall provide executed instruments establishing to the satisfaction of the SPGA that sufficient legal interest has been acquired in such premises to assure their availability for required parking as long as the use served is in existence. The provision of satellite (remote) parking areas, provided that:
1. The satellite parking spaces will be used solely by the employees and, where practicable, the clientele of the commercial use;
2. The off-site parking spaces shall be located to adequately serve the proposed use and shall be within six hundred (600) feet of the property served for clientele of the commercial use as measured from property line to property line; and,
3. Off-site parking for employees of the business may be located within a distance of one thousand two hundred (1,200) feet, provided that shuttle vehicle arrangements are provided as a condition of the approval.
e) Common Parking Areas and Multiple Use Facilities.
i) Notwithstanding the normal provisions of Section 8.1.4, where two or more activities or uses provide the required parking or loading in a common parking facility or loading area, the number of parking spaces or loading bays ordinarily required may be reduced below the sum of the spaces or bays required for separate activities or uses, if it can be determined that the hours, days, or peak parking or loading demand for the uses are so different that a lower total will provide adequately for all uses or activities served by the parking facility or loading bay, and that the location of the parking facility in relation to the uses proposed to be served by it is appropriate.
ii) A Special Permit authorizing such deviation from the normal standard shall only be granted upon submission of calculated parking demand for combined land uses based on methodologies and indices of the Institute of Transportation Engineers, Urban Land Institute, or other recognized methodology approved in writing by the Planning Board. A formal parking demand study may be waived by the SPGA for small developments where there is established experience with the land use mix and its impact is expected to be minimal.
iii) Where such facilities are shared by more than two (2) owners, the applicant shall provide executed and filed instruments with the Registry of Deeds establishing to the satisfaction of the SPGA that sufficient legal interest has been acquired in such premises to assure that the property(s) have a shared parking arrangement or peak hour parking arrangement and the availability for required parking as long as the uses served are in existence.
f) Land Banked Parking.
To reduce the area of impervious surface, encourage open space, accommodate future changes in land use and/or ownership, and shifts in shared parking demand, up to forty percent (40%) of the land area that would otherwise be needed to provide the required amount of parking may be land banked or set aside on the site to provide for the future construction of a parking area. The parking facility shall be designed/engineered to enable the site to satisfy the requirements of the Section 8.1 to meet the peak demands of the project(s) or use(s). Where it can be demonstrated by the applicant in the future that there is a need to convert all or a portion of the land-banked parking facilities because parking demand is in excess of 80% of parking supply on the property, then the applicant may convert the requisite number of land banked parking spaces to functioning parking spaces. For purposes hereof, parking demand shall be demonstrated through a report of the applicant's (or the then current owner's traffic engineering consultant), as the case may be, certifying that at any time during the four-hour peak demand period on a weekday or Saturday, the actual parking demand and utilization is in excess of 80% of parking supply on the property, with actual field site observations being conducted on two separate days during any consecutive 45-day period. Upon the Planning Board's determination the applicant has established the requisite parking need, and upon submission of the report to the Planning Board, the Planning Board may allow the conversion of all or a portion of the land-banked parking.
g) Reduction in Parking.
Where it can be demonstrated that a use or establishment needs a lesser number of parking spaces or loading bays than is required by Section 8.1.4, such as housing for persons with disabilities, low rate of vehicle ownership, the availability and implementation of transportation demand management alternatives, or other such circumstances as may be deemed appropriate by the Planning Board, the number of such parking spaces or bays may be reduced by not more than thirty-five percent (35%). An applicant shall submit documentary evidence satisfactory to the SPGA that the parking or loading experience of the specific use justifies a lesser number of spaces or bays. A Special Permit granted under this authority shall lapse upon change to a different type of use unless otherwise determined by the Planning Board, and shall not be considered to constitute a legal nonconformity with respect to parking for any new use.
h) Modification of Screening and Landscaping Requirements for Off-Street Parking.
Where it can be demonstrated to the satisfaction of the Planning Board that a plan for screening and landscaping would be enhanced without detriment to the surrounding neighborhood through the waiver or modification of one or more of the screening, landscaping and other criteria set forth under Section 8.4.
