§ 16-8
Buildings and structures nonconforming by parking
[Ord. No. 08-31, 10-7-2009; amended 4-15-2026 by Ord. No. 26-03]
- (a) Applicability. A building, structure, or parking area is considered nonconforming by parking if any of the following conditions apply:
- (1) The lawfully established use of the building or structure does not meet the parking requirements of Article 14.
- (2) The design of the parking area does not meet the parking area design, landscaping, or drainage requirements of this Zoning Ordinance.
- (b) Addition, expansion, and intensification. The following standards shall apply to a building or structure nonconforming by parking:
- (1) A nonresidential building or structure, or use of land, nonconforming by parking, may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of Article 14 for such addition, enlargement, expansion or intensification.
- (2) Any residential building or structure nonconforming by parking, may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of Article 14, such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification.
- (c) Change of use. A building or structure nonconforming by parking, may be changed to a different use, pursuant to all other provisions of this appendix, provided that such new use meets the following parking requirements of Article 14. The number of additional parking spaces required shall be the difference between the numbers of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires fewer parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total numbers of spaces required by this appendix for the new use are provided. However, in those cases where an existing permitted use does not meet the parking requirements of Article 14 and is proposed to be changed to a use which requires fewer parking spaces, but which would also not meet the parking requirements on the subject parcel, no additional parking spaces need be supplied. In all other circumstances, if the parcel is unable to support the required number of parking spaces, the applicant shall seek relief from the Zoning Board of Review in the form of a special use permit under the provisions of Article 1.
- (d) A parking area subject to § 16-8(a)(2) may be expanded or altered in accordance with the requirements provided herein. For the purposes of this subsection, expansion includes any addition of impervious surface to increase parking capacity. Alteration is any structural change to the interior of the existing parking area that disturbs more than 2,000 square feet of surface area including, but not limited to, excavation of any kind or the reclamation of pavement. Top coating or overlay of new pavement on an existing paved surface shall not be considered an alteration subject to these requirements. Where alterations subject to this subsection are proposed, the property owner shall demonstrate to the Town that the work will result, to the extent practicable, in greater adherence with the Town of Cumberland's drainage and landscaping requirements as set forth in the Land Development and Subdivision Regulations, and incorporated into this Zoning Ordinance by reference. Any intentional phasing of parking area improvements, as determined by the Building Official, that would circumvent the applicability of this provision shall be considered a zoning violation.