Village of Valley Stream, NY
Nassau County
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§ 99-2201
Off-street parking requirements. 

§ 99-2202
General requirements. 

§ 99-2203
Designated off-street parking space. 

§ 99-2204
Off-site, off-street parking. 

§ 99-2205
Location of access to street. 

§ 99-2206
Attended parking. 

§ 99-2207
Building permit applications; parking plan. 

§ 99-2208
Screening. 

§ 99-2209
Other regulations. 

§ 99-2210
Modification of requirements. 

§ 99-2201 Off-street parking requirements.

Minimum off-street automobile parking spaces shall be provided for the following uses in any district in the amounts, proportions or numbers as follows:

Type of Use Number of Required Spaces
Single-family dwelling 2 parking spaces for each dwelling
Single-family dwellings: mother-daughter residence 2 parking spaces for each dwelling unit, unless otherwise specified by the Board of Appeals
Two-family dwellings 2 parking spaces for each dwelling unit
Multiple-family dwelling uses; residential accommodations for persons engaged in the activities of places of worship and religious related uses 2 parking spaces for each dwelling unit or 1 parking space for each bedroom within a dwelling unit, whichever is greater
Retail uses and personal services uses 1 parking space for every 200 square feet of gross floor area or major part thereof
Business office uses and professional uses 1 parking space for every 200 square feet of gross floor area or major part thereof
Restaurants/taverns, whether operated individually or as accessory to a permitted use 1 parking space for each 3 seats or each 100 square feet of gross floor area or major part thereof, whichever is greater, plus 1 parking space for each 4 employees
Theaters and places of worship 1 parking space for each 3 seats
Dance halls, cabaret-type entertainment establishments, stadiums, auditoriums and other similar places of public assembly, whether operated individually or as accessory to a permitted use 1 parking space for each 3 seats or for each 100 square feet of gross floor area or major part thereof, whichever is greater
Bowling alleys 5 parking spaces for each alley
Health, tennis, swimming clubs 1 parking space for each 2 authorized occupants or 1 parking space for every 100 square feet of gross floor area or major part thereof, whichever is greater
Clubhouses or lodges 1 parking space for each 100 square feet of gross floor area or major part thereof
Nursing or convalescent homes 1 parking space for each 2 beds or for each 1,000 square feet of gross floor area or major part thereof, whichever is greater, plus 1 parking space for each 2 employees
Warehouse uses or wholesale uses A minimum of 2 parking spaces, plus 1 parking space for each 1,000 square feet of gross floor area or major part thereof
Wholesale outlets 1 parking space for each 200 square feet of gross floor area or major part thereof
Animal hospitals 1 parking space for each 400 square feet of gross floor area or major part thereof
Medical clinics 1 parking space for each 200 square feet of gross floor area or major part thereof
Schools
General and special instruction: public, private, and/or religious
University, post graduate, adult education and professional levels 1 parking space for each 3 authorized occupants, plus 1 parking space for each staff member
High school level 1 parking space for each 10 students, plus 1 parking space for each 2 staff members
Junior high, elementary and nursery (pre-K) levels 1 parking space for each 25 students, plus 1 parking space for each staff member
All other schools 1 parking space for each 25 students, plus 1 parking space for each staff member
Philanthropic and charitable association 1 parking space for each 300 square feet of gross floor area or major part thereof
Funeral homes 6 parking spaces per chapel or 1 parking space per 100 square feet of gross floor area or major portion thereof, including waiting rooms, corridors and lobbies, whichever is greater
Manufacturing uses 1 parking space for each 2 employees, plus 1 parking space for each 1,000 square feet of gross floor area or major part thereof
Shopping center consisting of over 7,500 square feet of gross floor area, except for the sole sale of furniture, carpet or appliances 1 parking space for each 200 square feet of gross floor area or major portion thereof, except that parking requirements for warehouse uses shall apply to any specifically designated warehouse area
Retail uses: furniture, carpet, appliance 1 parking space for 600 square feet of gross floor area or major portion thereof
Laboratory and research facilities 1 parking space for each 400 square feet of gross floor area or major portion thereof
Motor vehicle dealership 1 parking space for each 100 square feet of gross floor area or major portion thereof. Car inventory storage area shall not be computed in square footage of gross floor area and shall not be utilized for required off-street parking spaces.
Limited automotive repair facility; major automotive repair facility 4 parking spaces for each 300 square feet of gross floor area or major portion thereof
Auto body repair, painting and collision 1 parking space for each 100 square feet of gross floor area or major portion thereof
Gasoline service stations 2 parking spaces for each pump
All commercial uses not otherwise specified 1 parking space for each 4 employees or for each 500 square feet of gross floor area or major portion thereof, whichever is greater
Senior citizen use 3 spaces for each 2 dwelling units

§ 99-2202 General requirements.

A. 

Existing uses. Every building, structure, lot or use erected, established or existing prior to the effective date of this chapter shall be required to comply with the off-street parking requirements prescribed herein only where sufficient on-site parking area is actually being used for parking and then only to the extent possible to meet the parking requirements prescribed herein.

B. 

Future uses. Every building, structure, lot or use erected or established after the effective date of this chapter shall be required to comply with the off-street parking requirements prescribed herein for the use or uses of such building, structure, lot or use.

C. 

Future enlargements. After the effective date of this chapter, if the building, structure, lot or use is enlarged or altered, the off-street parking requirements as specified in this chapter for such use shall apply to such enlargement or alteration.

D. 

Similar uses. Parking requirements for a use not specifically listed herein shall be the same as for a listed use similar in character and as determined by the Superintendent.

E. 

Change of use. Any change of use of any building, structure or lot on or after the effective date of this chapter shall comply with the off-street parking requirements set forth in this chapter for such changed use. Notwithstanding the foregoing, any change of use from one of the permitted uses enumerated in § 99-1201A through D, 99-1301A through D or 99-1401A through D to another permitted use enumerated in § 99-1201A through D, 99-1301A through D or 99-1401A through D shall not require compliance with the off-street parking requirements set forth in this chapter.

[Amended 9-27-1999 by L.L. No. 14-1999]

F. 

Multiple uses. Where any building, structure or lot contains two or more uses, the off-street parking requirements prescribed by this chapter for each specific use shall apply.

G. 

Primary use of spaces. All permitted or required accessory off-street spaces, open or enclosed, shall be used primarily for the owners, occupants, employees, customers, residents or visitors of the use or uses to which such spaces are accessory.

H. 

Joint facilities. Required accessory parking, open or enclosed, may be provided in spaces designated to serve jointly two or more uses, provided that the number of required spaces applicable to such joint facilities (uses) shall not be less than the total required by this chapter for all such uses, and provided further that such parking complies with off-site parking and all other requirements of this chapter.

I. 

Conditional certificates of occupancy. All certificates of occupancy shall be conditioned upon the continuance and availability of the parking spaces required for each specific use.

J. 

Fees prohibited. No required off-street parking spaces may be sold, leased or rented, nor any fee charged for the use thereof.

K. 

Computing gross floor area: exclusions. For the purpose of computing gross floor area in calculating required off-street parking for a specific use or uses, water closets, bathrooms, cellars, mechanical equipment rooms and stairwells may be excluded.

L. 

Lighting. All parking areas, except single-family and two-family dwellings, shall be adequately lighted for security purposes during nighttime hours. All such lighting shall be directed away from residential areas.

M. 

Surfacing. All open or enclosed parking areas shall be surfaced with asphaltic or concrete or other hard-surfaced all-weather dustless material (three-inch base and finished surface) as approved by the Superintendent.

N. 

Division by district boundaries. When a parking area is located partly in one district and partly in another district, parking spaces on such lot may be located without regard to district lines, provided that such parking spaces shall not be located in any residence district unless the use to which they are accessory is permitted in such district.

O. 

Special permit regulations. The requirements of this article do not limit more restrictive requirements which may be established in connection with the issuance of any special permit.

§ 99-2203 Designated off-street parking space.

A. 

Designated off-street parking space shall be an open or enclosed surfaced area not located on a private or public street or roadway designed for the transient use of one automobile, provided that the minimum dimensions of each space and the minimum dimensions for driveway access aisles and maneuvering area conform to the regulations prescribed herein. Areas which may be considered as open or enclosed off-street parking spaces include any private garage, driveway or other area available for parking other than a street.

B. 

Size of automobiles. Parking spaces allocated to small or compact automobiles shall not exceed 20% of the total required off-street parking spaces for any specific use which has five or more off-street parking spaces required. Small or compact automobile spaces may not be allocated to uses which require fewer than five off-street parking spaces.

C. 

Width of driveway-access aisles. Driveway-access aisles connecting parking areas to each other or to the property line shall not be less than 11 feet wide where one-way traffic is provided or less than 22 feet wide where two-way traffic is provided. The provisions of this section shall not modify or eliminate the requirements for minimum maneuvering space as hereinafter provided.

D. 

Size of spaces. The following dimensions shall apply to permitted and required accessory off-street spaces:

(1) 

All uses, except single-family and two-family residential uses and storage parking uses.

(a) 

Each off-street parking space for a standard size automobile shall have a minimum dimension of not less than nine feet in width and 20 feet in length and shall provide 20 feet of maneuvering area for ingress and egress.

(b) 

Each off-street parking space for a small or compact size automobile shall have a minimum dimension of not less than eight feet in width and 18 feet in length and shall provide 20 feet of maneuvering area for ingress and egress.

(2) 

Single-family and two-family residential uses.

(a) 

Single-family and two-family residential uses shall provide required off-street parking spaces, each space having a minimum dimension of eight feet in width and 20 feet in length.

(b) 

Stacked parking of automobiles is permitted where an independent parking aisle or driveway is provided on the lot for each permitted dwelling unit.

(c) 

In shopping centers, double striping of not less than 18 inches shall be provided between all side-by-side designed off-street parking spaces.

(3) 

Storage parking uses.

(a) 

For permitted storage parking uses, side-by-side and stacked parking is permitted.

(b) 

Each automobile storage parking area or section thereof shall not exceed 20 feet in width and 60 feet in depth. There shall be an aisle area between each such section which measures not less than 20 feet in width provided for maneuvering and access.

(c) 

Adequate on-site area shall be provided to ensure safe maneuverability of vehicles within all property bounds.

§ 99-2204 Off-site, off-street parking.

Permitted or required off-street parking spaces accessory to permitted uses, other than single-family and two-family residential uses, may be provided on a lot other than the same lot as such uses, subject to special permit approval by the Board of Appeals and subject to special conditions as follows:

A. 

All permitted or required off-site, off-street accessory parking spaces shall be located on a lot within 200 feet of any boundary of the main use lot, provided that such off-site lot is not located in a residential district (R-1, R-2 or R-A) or in a district more restrictive than the main use lot.

B. 

Any off-site lot utilized for required off-street parking accessory to a permitted use must be in the same ownership as the lot on which the main use is located. Such owner shall furnish to the Board of Appeals evidence of a restrictive covenant filed with the deeds to the principal use lot and the off-site lot with the office of the Nassau County Clerk. Such restrictive covenant shall state that the owner, his heirs and assigns are bound to maintain the required number of off-street parking spaces throughout the existence of the specific use to which they are accessory or until such spaces are provided elsewhere.

C. 

All permitted or required off-site, off-street accessory parking spaces and areas shall conform to all applicable regulations of the district in which they are located.

D. 

All required off-street parking spaces for single-family and two-family uses shall be provided on the same lot as such uses.

E. 

Special permit and use district restrictions prescribed by this section do not apply to single-family and two-family uses for permitted off-site, off-street parking. Such parking must conform to any other regulations or restrictions of this chapter.

§ 99-2205 Location of access to street.

Ingress and egress to all required or permitted off-street parking spaces and areas shall be designed to cause the least amount of impact on vehicular and pedestrian traffic on streets and sidewalks servicing such parking spaces and areas. Except for single-family and two-family uses, all uses shall direct traffic away from residential uses and areas.

A. 

Curbs.

(1) 

All uses, except single-family and two-family uses, shall provide access to and from such off-street parking areas through a curb depression which measures 10 feet in width for one-way traffic ingress/egress area and 20 feet in width for two-way traffic ingress/egress.

(2) 

Single-family and two-family uses shall provide a curb depression which measures eight to 10 feet in width for a one column driveway, to 20 feet in width for a two column driveway. Two driveways are permitted on single-family and two-family lots having a frontage of at least 60 feet but in no case shall more than one two-column driveway be permitted. At least 40 feet must be maintained between the two driveway curb cuts, measured from center to center.

(3) 

The aggregate width of any and all curb cuts (curb depression and splay) on all single-family and two-family lots shall not exceed 40% of the total frontage width of the lot.

(4) 

Every curb depression shall have a splay at either end which extends 11/2 to 21/2 feet in length.

(5) 

All uses, except single-family and two-family uses, shall provide curb cuts (curb depression and splays) which are located not less than two feet from any property line and a minimum of 40 feet between curb cuts measured from the center of any curb cut.

(6) 

Except for single-family and two-family uses, no curb cut shall be located less than 25 feet from any two intersecting streets. Measurement shall be taken from the center of the curb cut to the center of the corner curb radius at such intersection. Every curb depression shall have a driveway leading to an off-street parking space as required herein.

B. 

Driveways.

(1) 

Except as otherwise regulated, no driveway shall provide access to a lot located in a nonresidential district across land in a residential district.

(2) 

Except for single-family and two-family uses, entrances and exit lanes of a driveway may be used for off-street parking spaces, except that no vehicle shall be parked in any required front yard setback or fire lane and adequate driveway width for access must be maintained.

(3) 

For single-family and two-family uses, paved driveway areas may be used for off-street parking except that circular driveways in the front yard may not be used for parking. No other parking in the front yard area is permitted, other than driveways as specified herein.

(4) 

Driveways shall not be located nearer than two feet from any side property line or rear property line; unless such driveway is a through street driveway, the rear property line regulation is excepted.

§ 99-2206 Attended parking.

A. 

The parking requirements prescribed herein may be modified by the Board of Appeals by issuance of a special permit which conditions the use of such premises upon a certification by the applicant or owner that such parking spaces will be fully attended by employees of the owners of the premises or operators of the use.

B. 

All certificates of occupancy related to the principal use or uses of the premises shall set forth that such employees shall be available to handle the parking and moving of automobiles at all times when such parking spaces are in use.

C. 

The application for such special permit shall include a traffic flow chart which designates on-site areas for standing, waiting, pickup, dropoff and maneuvering of vehicles to accommodate the needs of such use.

D. 

Stacked or side-by-side parking may be permitted where a special permit for attended parking is approved and issued by the Board of Appeals.

§ 99-2207 Building permit applications; parking plan.

Every applicant for a building permit on premises affected by this section, except single-family and two-family dwellings, shall file with his building plans a parking plan prepared and sealed by a licensed architect or professional engineer showing the portion of said premises which is proposed to be utilized for off-street automobile parking, as well as the dimensions of each parking space, aisle area, maneuverability area, driveway access and curb cuts. Such parking plan shall show appropriate marking of spaces, directions of traffic flow and placement of informational signs for the parking of small cars and handicapped parking spaces. All parking areas shall have sufficient self-contained drainage, adequate means of ingress and egress and appropriate paving and lighting. No building permit shall be issued unless the parking plan shall provide for off-street parking in compliance herewith.

§ 99-2208 Screening.

A. 

In all districts, all open off-street parking areas with more than four required off-street parking spaces, which are located on lots adjacent to the boundary of a residence district, shall be screened from all adjoining lots in residence districts, including lots situated across a street, by:

(1) 

A strip of densely planted shrubs or evergreen trees at least three feet above grade at the time of planting which shall form a year-round dense screen at least six feet high within three years for lots adjacent to the boundary of a residence district and at least four feet high for lots situated across a street from a residence district or along any portion of an abutting residential front yard; or

(2) 

A wall or solid wood or commercial grade slatted chain link fence, six feet high for lots adjacent to a residence district boundary and four feet high for lots situated across a street or along any portion of an abutting residential front yard.

B. 

Screening shall be maintained in good condition at all times by the owner of the property or successors in interest or assignees.

C. 

Entrances and exits may interrupt screening.

D. 

No signs or advertisements shall be attached to the side of the screening facing any residential district other than traffic or caution signs.

§ 99-2209 Other regulations.

A. 

No commercial vehicle, trailer or commercial-type equipment shall be parked or stored on any lot or portion thereof in any C-1, C-2 or CX District except as accessory to the principal use. Any such commercial vehicle, trailer or commercial-type equipment shall be parked or stored only during the normal business hours of the use to which it is accessory, unless the same is housed within an enclosed building. A temporary special permit may be obtained from the Village Board, upon such conditions as may be required by the Village Board, to waive the requirements contained herein.

B. 

No motor vehicle shall be permitted to stand in any off-street place in any R District other than a parking space which conforms to the provisions of this chapter.

C. 

No commercial vehicle shall be permitted to stand in any location in any R District or on a parcel used for residential uses, except temporarily while and in connection with going to or from a use in the district.

D. 

All parking spaces and areas pursuant to this article shall be properly lighted and drained and kept clean from debris, rubbish and snow. The failure of the owner or occupant of premises upon which a parking area is required, pursuant to this article, to maintain such parking area as above provided shall constitute a violation of this chapter and shall subject the violator to the penalties prescribed in this chapter.

E. 

No camper, house trailer, mobile home or similar-type vehicle, or bus, school bus, van or similar-type vehicle intended for or used in commercial transportation, shall be permitted to stand in any place in any R or CX District except temporarily while and in connection with going to or from a use existing in the district or such vehicle is under 20 feet in length and is housed within an enclosed structure.

F. 

A mobile home shall be permitted to be parked in an R District or on residentially used property by special permit approval of the Board of Appeals and then only temporarily as housing accommodations for persons whose main dwelling is damaged by fire or destroyed and only until such dwelling is repaired and habitable.

G. 

Parking areas of all nonresidential uses shall not be used for any purpose other than for parking accessory to such nonresidential use.

H. 

In all districts, servicing, dismantling or repairing vehicles in parking areas shall not be permitted.

I. 

There shall be no accessory outdoor parking of any unregistered motor vehicles in any zoning district.

J. 

In any CX, C-1, C-2 or C-3 District, there shall be no accessory outside parking of motor vehicles overnight except on premises being used as lawful residences. A special permit may be obtained from the Village Board, upon such conditions as may be required by the Village Board, to allow outside parking on any particular premises in said districts.

K. 

No boat shall be permitted to stand in the front yard setback in any R or CX District. No boat over 20 feet shall be permitted to stand in any side or rear setback in any R or CX District.

L. 

Additional regulation: see § 99-402F.

§ 99-2210 Modification of requirements.

A. 

Variance. The Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this article. Upon consideration of all factors applicable to the granting of variances as set forth in Article XXV of this chapter, variances shall only be issued upon a determination that the applicant has established practical difficulty in complying with the strict application of the requirements of this article. Such variance shall be the minimum necessary to afford relief. The Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

B. 

Special permit modification. The number of minimum off-street automobile parking space requirements applicable to specific uses as prescribed by this chapter may be modified by special permit approval of the Board of Appeals subject to compliance with the standards hereinafter set forth and only to the extent specified.

(1) 

The number of required off-street parking spaces may be reduced for permitted nonresidential uses in nonresidential districts involving the erection or enlargement of a building or a change of use which would require a greater number of required off-street parking spaces than the preceding use occupying the same premises.

(2) 

In no case shall a special permit be granted reducing the required number of off-street parking spaces for a particular applicant's use or uses by more than 25% of the amount required by this chapter.

(3) 

Applicant shall demonstrate that the use does not require such a ratio of parking spaces to floor area or other ratio measurement required by this article due to the nature of the use, its unique design, the volume or nature of the particular business, the number of employees or patron's utilizing such parking spaces or any other factors which would obviate the necessity of imposing the number of parking spaces prescribed by this article.

(4) 

The Board shall consider available alternate off-street parking areas in proximity to the subject use, such as municipal or public parking facilities.

(5) 

In granting any special permit and reducing the off-street parking space requirement, the Board shall find that such reduction will not overburden on-street parking, cause traffic congestion or otherwise adversely affect adjoining properties nor be inconsistent with the purpose and intent of this chapter.

(6) 

Every decision of the Board of Appeals which grants a special permit modifying the number of off-street parking spaces required in a particular instance shall clearly set forth the nature and extent of such reduction by specifying the number of parking spaces required to be provided pursuant to said requirements, the number of spaces required to be provided by the special permit grant and the number of spaces thus modified by the Board of Appeals. The number of spaces so modified shall constitute the number of spaces for which the special permit is granted. If any special permit is granted for an addition or extension to a use that previously received a special permit modification, any payments set forth in Subsection B(7) and (8) hereunder shall be for such new addition only and not based on any special permit granted previously by the Board.

(7) 

Every special permit granted by the Board of Appeals which reduces or modifies the requirements of this article for off-street parking, in whole or in part, shall be made subject to a condition requiring a payment to the village of a sum to be determined by the Village Board for each and every space for which a special permit is granted, which sums shall constitute a trust fund to be used by the Village Board exclusively for public off-street parking, including the acquisition, improvement and/or maintenance of land acquired or held and parking equipment and/or facilities for such purposes. Such condition shall be deemed a condition of every such special permit, and such payment may be referred to as the "off-street parking space fee."

(8) 

The amount of the per-space sum required to be paid to the village for each and every space for which a special permit is granted pursuant to Subsection B(7) above shall be a fee as set by the Village Board by resolution of a majority vote of its members present at an open meeting.

(9) 

Payment of the required fee shall be a prerequisite to the issuance of a building permit.

(10) 

Any request for a special permit modification pursuant to this article may not be granted in addition to a request for a variance of the off-street parking requirements for the same use or uses. Such requests for relief may be made in the alternative.

(11) 

Any change of use or enlargement requiring additional off-street parking spaces must comply with the requirements set forth in this article unless a special permit is granted modifying the additional requirements applying to such change of use or enlargement.