§ 153.208 FLEXIBILITY IN ADMINISTRATION REQUIRED.
   (A)   The Board of Aldermen recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in § 153.207(F) may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation results in a waste of money as well as a waste of space that could more desirably be used for valuable development or environmentally useful open space. Therefore, as suggested in § 153.207(E), the permit-issuing authority may permit deviations from the presumptive requirements of § 153.207(F) and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in § 153.207(A).
   (B)   Without limiting the generality of the foregoing, the permit-issuing authority may allow deviations from the parking requirements set forth in § 153.207(F) when it finds that:
      (1)   A residential development is irrevocably oriented toward the elderly;
      (2)   A residential development is located in close proximity to the central business district and is committed to a policy of placing restrictions on the vehicle ownership of its tenants;
      (3)   A business is primarily oriented to walk-in trade; or
      (4)   A residential or non-residential development is located within one of the town's designated National Register historic districts.
   (C)   Whenever the permit-issuing authority allows or requires a deviation from the presumptive parking requirements set forth in § 153.207(F), it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.
   (D)   If the permit-issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by § 153.207(F) for a particular use classification is erroneous, it shall initiate a request for an amendment to the table of parking requirements in accordance with the procedures set forth in §§ 153.435 through 153.441.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)