Section 6-114 Review Standards For Payment-In-Lieu Of Parking
6-114.A. Criteria. The Planning and Zoning Commission may permit an applicant to make a payment in lieu of providing parking spaces on a lot or parcel and shall use the following criteria to guide its decision:
6-114.A.1. Whether the applicant demonstrates that all required parking cannot be located on-site due to site-specific physical constraints or site design requirements (such as high water table or access limitations); or
6-114.A.2. Whether the historic significance of existing buildings or other site features would be adversely affected to meet the parking requirement on site; or
6-114.A.3. Whether the property is located in close proximity to permanent public parking or public transportation routes; or
6-114.A.4. Whether the characteristics of the proposed land use reduce the need for on-site parking; or
6-114.A.5. Whether the public health, safety or welfare would be adversely affected by locating the required parking on the property.
6-114.B. Determination of Site Coverage. If P&Z permits an applicant to make a payment-in-lieu of providing parking, the parking spaces which are paid in lieu shall be counted as on-site, non-enclosed spaces in the determination of site coverage in zone districts which permit increases in maximum site coverage for enclosed parking.
6-114.C. Agreement. If P&Z permits an applicant to make a payment-in-lieu of providing parking, the applicant shall sign an agreement to pay a fee at the established rate which the Town shall record prior to the issuance of a building permit or the commencement of the use, whichever comes first. The agreement shall be executed on behalf of the Town by the P&Z Chairperson, Planning Director and Town Manager.
6-114.D. Rate. The payment in lieu rates and operations and maintenance fee are established as provided in Section 5-210. The operations and maintenance fee is payable upon payment of the Capital Expense fee and annually thereafter.
6-114.E. Special Accounts.
6-114.E.1. Capital expense fees collected by the Town pursuant to the payment in lieu provisions shall be deposited into an account within the Capital Improvements Fund entitled “Parking Facilities Development Fund.” All expenditures from this fund shall be directly spent or encumbered only for the purpose of conducting parking-related studies or evaluations, the acquisition and construction of parking facilities, or for bonding with respect to the acquisition or construction of parking facilities or transit improvements and necessary related expenses.
6-114.E.2. Annual operations and maintenance fees shall be deposited into a revenue account within the General Fund entitled “Parking Facilities Maintenance Fund”. All expenditures from this fund shall be directly spent or encumbered only for the operation, maintenance and administration of parking or transit facilities.
6-114.F. Payment Schedule. In-lieu fees for parking shall be paid to the Town according to the following schedule:
6-114.F.1. A minimum of fifty percent (50%) of the capital expense fee shall be paid immediately prior to issuance of a building permit.
6-114.F.2. Any remaining unpaid capital expense fee shall be paid immediately prior to issuance of a temporary certificate of occupancy or the certificate of occupancy, whichever comes first.
6-114.F.3. The Town shall charge a yearly interest rate of no less than ten percent (10%) on any unpaid fee balance. Town Council may adjust the interest rate within its discretion by resolution. Any remaining fee balance shall be paid at the time of issuance of a certificate of occupancy.
6-114.F.4. An operations and maintenance fee shall be paid annually for fifteen (15) years, or as a lump sum prior to the issuance of a certificate of occupancy.
6-114.F.5. Interest charges and CPI increases may be avoided by paying the full amount of the capital expense fee or the full operations and maintenance fee at the time a building permit is issued.
6-114.F.6. Payment-in-lieu fees collected pursuant to this section shall be returned to the then present owner of the property for which a fee was paid, including any interest earned, if the fees have not been spent within seven (7) years from the date the fees were paid, unless the Council shall have earmarked the funds for expenditure on a specific project, in which case the Council may extend the time period by up to three (3) more years.
a. To obtain a refund, the present owner must submit a request to the Town Manager within one (1) year following the end of the seventh (7th) year from the date payment was received.
b. For purposes of this sub-section, payments collected shall be deemed spent on the basis that the first payment in shall be the first payment out.
6-114.F.7. Any payment made for a project for which a building permit is cancelled due to non-commencement of construction may be refunded if a request for refund is submitted to the Town Manager within three (3) months of the date of the cancellation of the building permit. All requests shall be accompanied by proof that the applicant is the current owner of the property and by a copy of the dated receipt issued upon the original payment of the fee.
6-114.G. Credits. If any capital expense fees have been paid in accordance with this section and if subsequent thereto a special or local improvement district is formed and assessments levied for the purpose of paying for public parking improvements, the property for which payment in lieu fees were received shall be credited with the amount of the capital expense fee(s) paid.
6-114.H. Additions. In-lieu fees for parking for additions or enlargements to any existing building or change of use will be calculated by determining the increased number of parking spaces required for such addition, enlargement or change, and not for the entire building or use. Article 4, Nonconformities, and Section 6-113 regarding expansion or change in use of nonconforming uses, structures and lots, shall apply when there are nonconformities.