Town of Elma, NY Article IV Off-Street Parking

§ 144-35 Parking spaces required.

After the effective date of this chapter, off-street parking spaces shall be provided as hereinafter specified at the time a building or structure is erected or at the time a new use of open land is established. In the case of an enlargement of any existing building, structure or use after the effective date of this chapter, off-street parking spaces shall be provided as hereinafter specified for the enlarged portion of such building, structure or use.

A. No existing off-street parking area shall be reduced in capacity so as to be less than required by this chapter, or, if such parking capacity is already less than herein required, such parking area shall not be further reduced; provided, however, that a reduction in such existing parking area shall be allowed if equivalent parking space is provided for the use involved.

B. In the case of change of use which would result in requirement for a greater parking area than is provided, the Zoning Board of Appeals shall determine the number of additional spaces to be required.

§ 144-36 Dwellings.

Off-street parking spaces for dwellings shall be required as follows:

A. Single-family or two-family dwelling: one space for each dwelling unit.

B. Multiple dwellings: two spaces for each dwelling unit.

[Amended 8-2-1972]

C. Tourist home, hotel, motel, rooming or lodging house: one space for each unit accommodation.

D. Additional spaces for accessory uses:

(1) Office for treatment of humans: five spaces for each office.

(2) Other offices: two spaces for each office.

§ 144-37 Institutional uses.

Off-street parking spaces for institutional uses shall be required as follows:

A. Hospital: 1.5 spaces for each bed.

B. Sanatorium, convalescent home: one space for each five beds.

C. Home for aged or orphanage: one space for each five persons in residence.

§ 144-38 Places of assembly.

Off-street parking spaces for places of assembly shall be required as follows:

A. School: one space for each classroom, plus one space for each five seats in the auditorium.

B. Church, principal or accessory auditorium, theater, stadium or sports arena: one space for each five seats.

C. Library, museum or art gallery: one space for each 300 square feet of gross floor area.

D. Bowling alley: 10 spaces per alley.

E. Dance hall or studio, skating rink or other places of public amusement not otherwise specified: one space for each 100 square feet of gross floor area.

F. Eating or drinking establishments, principal or accessory:

(1) Drive-in type: three spaces for each 25 square feet of gross floor area.

(2) Other types: two spaces for each five seats.

G. Club or lodge: one space for each 100 square feet of floor area used for club or lodge purposes, plus one space for each sleeping room.

H. Mortuary or funeral parlor: 10 spaces for each parlor.

I. Swimming pools for commercial purposes or private club, principal or accessory, other than private pools which are accessory to a private residence: one space for each 25 square feet of pool area.

§ 144-39 Business or industrial uses.

A. Furniture, floor covering or appliance stores, custom shops, wholesale business: one space for each 700 square feet of gross floor area.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, which provided for parking spaces for new or used car sales, was repealed 11-5-1986 by L.L. No. 12-1986.

C. Gasoline station, public garage or repair garage, principal or accessory: three spaces for each service bay.

D. Rapid car wash as a principal use: A minimum of 75 reservoir spaces are provided for one wash rack or lane, plus 25 reservoir spaces for each additional rack or lane.

E. Food store, shopping center or group of stores over 20,000 square feet of gross floor area: one space for each 175 square feet of gross floor area.

F. Other individual retail stores or service establishments: one space for each 175 square feet of gross floor area.

G. Office for treatment of humans, except dentist offices: two spaces for each office or suite of offices, plus one space for each 200 square feet of gross floor area.

H. Other business or professional offices: two spaces for each office or suite of offices, plus one space for each 300 square feet of gross floor area.

I. Banks: one space for each 350 square feet of floor area.

J. Drive-in banks: At least 10 reservoir spaces are to be provided on the lot for each drive-in teller's window. Such reservoir spaces shall be in addition to required parking spaces.

K. Manufacturing, storage or other industrial use. Parking shall be provided in such amount that no employee need park on a public street or on a lot more than 600 feet from the premises so used.

§ 144-40 Additional uses.

For all other principal uses not above enumerated or excepted, off-street parking spaces shall be required as follows: one space for each 350 square feet of gross floor area.

§ 144-41 Mixed uses.

Except as otherwise provided in § 144-43, where any building or lot is occupied by two or more uses having different parking requirements, the parking requirement for each use shall be computed separately to determine the total off-street parking requirement.

§ 144-42 Units of measurement.

A. Size of parking space. For the purpose of computing gross parking area for required off-street parking, 350 square feet of unobstructed net standing, maneuvering or access area shall be considered one parking space. However, a lesser area may be considered as one space if the Zoning Enforcement Officer certifies that the layout and design of the parking area are adequate to permit convenient access and maneuvering. In any event, the size of a parking space shall be at least 20 feet long and nine feet wide exclusive of access or maneuvering area.

[Amended 6-3-1981]

B. Gross floor area. Gross floor area shall include all areas of a building used or occupied by any traffic generator mentioned in § 144-35; provided, however, that basement or cellar floor area not used for processing, servicing or sales of goods or merchandise shall not be counted as gross floor area.

C. Seats. In places of assembly where bench-type seats are provided or where standing patrons are served at a counter or bar, each 20 lineal inches of such seating or standing space shall be considered as one seat for the purpose of determining off-street parking requirements.

D. Fractional units. When application of the units of measurement to determine off-street parking spaces results in a fractional parking space of 1/2 or more, one parking space shall be required.

§ 144-43 Accessory uses; joint facilities.

A. Accessory uses.

(1) No off-street parking spaces shall be required for uses accessory to any institutional use specified in § 144-37 or for an accessory restaurant used primarily for students, patients, tenants or employees occupying a principal building.

(2) In the case of accessory retail sales, restaurants or swimming pools, the parking requirement for either the accessory use or the principal use, whichever requirement is less, shall be reduced by 50%.

B. Joint facilities.

(1) In the case of a church and school on the same lot, the lesser parking requirement shall be waived.

(2) Where places of assembly specified in § 144-38 are located on the same lot with other uses, the Zoning Board of Appeals may permit a reduction in the number of required off-street parking spaces for such places of assembly.

(3) Where public off-street parking facilities are available, other than off-street parking provided for a public building, the Zoning Board of Appeals may permit a reduction in the number of required off-street parking spaces for uses located on any lot within 600 feet of such public parking facility.

§ 144-44 Site requirements.

A. Location of required parking spaces.

(1) General provisions. All required off-street parking spaces shall be provided on the same lot with the building or use they serve, except as provided in Subsection A(2), Group facilities.

(2) Group facilities. In any commercial or manufacturing district, required off-street parking spaces may be provided in group parking facilities designed to serve two or more buildings or uses on different lots, provided that:

(a) The total parking spaces in such group facility shall not be less than the sum of the requirements for the various uses computed separately; and

(b) All required parking spaces shall be not more than 600 feet from the boundary of the lot on which such buildings or uses are located.

B. Encroachment of required parking spaces prohibited. All areas counted as required off-street parking area shall be unobstructed and free of other uses except off-street loading or unloading.

C. Guaranty for off-site parking spaces. In any case where required off-street parking spaces are not provided on the same lot with the building or use they serve, such off-street parking spaces shall be subject to deed, lease or contract restrictions acceptable to the Town Attorney, binding the owner, his heirs or assigns to maintain the required number of spaces available throughout the life of such use.

D. Additional requirements for all open off-street parking spaces. All open off-street parking spaces shall be considered as automotive use areas and shall be subject to the requirements of Subsection E in addition to the provisions of this section.

E. Automotive use areas. Any portion of a lot used for open off-street parking or reservoir space for open sales, service or storage areas for motor vehicles, contractors' equipment or boats shall be deemed to be an automotive use area. New automotive use areas or enlargements of existing automotive use areas shall be subject to the following requirements:

(1) Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be so graded and drained as to dispose of surface water accumulations.

(2) Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and from adjoining premises in any residential district.

(3) Screening. Every automotive use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any residential district, including lots situated across the street, as follows:

(a) Along a street line by a planting strip five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three and seven feet above the street level. Such screening may be interrupted by normal entrances or exits.

(b) Along a rear lot line or an interior side lot line by a compact evergreen hedge which will reach a height of five feet within three years or by a solid fence or masonry wall five feet in height. Such screening shall be maintained in good condition at all times.

(4) Access. No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines and, except for off-street parking areas for uses permitted in any residential zone requiring less than 10 parking spaces, no entrance or exit shall be permitted within 10 feet of a lot in any residential zone. Access to automotive use areas, except for off-street parking areas in residential zones for less than 10 vehicles shall be approved by the Zoning Enforcement Officer and shall be so arranged that vehicles shall not back into a street.

[Amended 6-3-1981]

(5) Restriction. No automotive use area shall be used for auto wrecking or for storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State motor vehicle registration.