[Amended 9-8-1975 by L.L. No. 8-1975]
Off-street parking and truck loading spaces
shall be provided and kept available as an accessory use to all permitted
and special exception uses of buildings, structures and lots in amounts
not less than those specified in this article.
A.
The requirement for a single use (e.g., a single-family
dwelling or a retail store) shall be determined directly from the
schedule of such requirements which is a part of this article.
B.
The requirement for a combination use made up of several
component uses (e.g., a retail store combined with an office building)
shall be determined by establishing the requirement for each component
use from the schedule of such requirements which is a part of this
article and adding them together.
C.
When the required number of spaces is determined to
result in a fraction, it shall be increased to the next higher whole
number.
D.
If the use is not specifically listed in the schedule
of such requirements, the requirement shall be the same as for the
most similar listed use, as determined by the Board of Trustees.
E.
A garage or carport may be used to meet the requirements
of this article, except as otherwise specified herein. The required
access driveway or aisle may not be used to meet the requirements
of this article.
[Amended 4-5-1982 by L.L. No. 3-1982]
|
Use
|
Number of Spaces Required
|
|---|---|
|
Single-family dwelling
|
1 housed in a garage or carport
|
|
Hospital, nursing home or clinic
|
1 per 2 beds, plus 1 per employee
|
|
Office (except a professional office), bank
or savings and loan association
|
1 per 200 square feet of gross floor space
|
|
Professional office (except a home professional
office)
|
1 per 150 square feet of gross floor space
|
|
Place of public assembly (auditorium, church,
convention hall, theater, lodge, club, hall, bowling establishment,
gymnasium, studio or other places of public assembly not otherwise
classified)
|
1 per 4 seats or per 4 persons which can be
legally accommodated, plus 1 per employee
|
|
Retail store or personal service shop
|
1 per 300 square feet of gross floor area in
excess of 500 gross square feet, with a minimum of 2 spaces
|
|
School
[Amended 7-13-1998 by L.L. No. 5-1998; 2-8-1999 by L.L. No. 1-1999; 10-12-2006 by L.L. No. 9-2006] |
1 for each staff member or employee, plus 1
for each 8 students in the 12th grade or above. Parking areas for
schools shall also include sufficient on-site area(s) for pickup and
dropoff of students arriving and leaving the premises by vehicle,
which areas shall first be approved by the Board of Trustees.
|
|
All other businesses, including a home occupation
and home professional office
|
1 per each 300 square feet of gross floor area
in excess of 500 square feet of gross floor area, with a minimum of
2 spaces
|
|
Filling station, parking garage or repair garage
|
Sufficient parking spaces, as determined by
the Board of Trustees, for all vehicles being serviced at any one
period of time, plus a minimum of 5 additional spaces
|
|
Restaurant
|
1 per 4 permanent seats or the floor area equivalent,
plus 1 space per employee
|
The following are supplemental use regulations
for private parking garages and off-street parking areas in residential
and apartment districts:
A.
Not more than one garage or carport parking space
per dwelling unit may be rented to persons living off the premises
in the case of a one-family or two-family dwelling use; nor may more
than one parking space per each two dwelling units be rented to persons
living off the premises in the case of any other residential use.
B.
Not more than one commercial vehicle may be parked
on a premises, and that vehicle shall be parked in a completely enclosed
private parking garage. Such commercial vehicle shall not exceed a
gross motor vehicle weight of 5,000 pounds or 25 feet in length. Such
truck shall not contain any material that constitutes a threat to
the health, safety and welfare of the residents of the Village.
C.
Not more than one unregistered vehicle may be stored
outside an enclosed building on any premises, provided that such vehicle
is stored on a surfaced driveway for a period not exceeding 30 days
in any year.
D.
Off-street parking for nonresidential activities,
such as home professional offices, shall not be located in any front
yard, required side yard or within 25 feet of any lot line.
A.
Entrances and exits for off-street parking areas and
garages may be either separate or combined.
B.
Every entrance or exit driveway shall have a minimum
unobstructed width of 10 feet. Parking areas with 10 spaces or more
shall have at least either two separate ten-foot driveways or a combined
exit and entrance driveway with an unobstructed width of 20 feet.
Access driveways shall be no closer than 25 feet to a street corner.
C.
Access driveways for other than single-family or two-family
dwellings shall not exceed a center line gradient of 8%.
D.
Curb cuts. No driveway shall be installed or constructed
with access to a street or road in the Village unless a curb cut permit
has been issued by the Village for such access. Such curb cut permit
shall be issued in the same manner as provided for issuance of a building
permit. For the purposes of this subsection, the term "driveway" shall
mean and include any path, paved or unpaved, over which it is intended
that vehicles are to travel, to exit a street or road and enter upon
adjoining property.
[Added 8-12-1996 by L.L. No. 8-1996]
Every building or structure over 5,000 square
feet in gross area or lot used for nonresidential purposes shall be
provided with off-street truck loading spaces in accordance with the
following schedule: one space for each 10,000 square feet or a part
thereof of gross floor area. Additional requirements above 40,000
square feet shall be determined by the Board of Trustees.
A.
The parking area shall be located on the premises
and shall be so shaped as to provide for the parking of the required
number of vehicles as determined under this article. Minimum front
yard setbacks, loading and unloading areas and access driveways shall
not be included when computing the required amount of property for
off-street parking. Where access driveways are required for special
purposes (e.g. drive-in teller's window) they shall also be included.
B.
The physical improvements of off-street parking and
truck loading areas shall include:
(1)
Curbs, paving, sidewalks and drainage facilities complying
with the standards as approved by the Board of Trustees.
(2)
All areas devoted to off-street parking and access
driveways shall be surfaced in accordance with specifications not
less than those of the Town of North Hempstead.
(3)
Adequate drainage shall be provided to prevent overflow
of rainwater or other precipitation onto adjoining properties or public
streets.
(4)
Access driveways for public areas shall be marked
with arrows indicating the proper flow of traffic, and individual
parking spaces shall be shown and maintained.
(5)
Adequate lighting shall be provided in public parking
areas to assure the general safety and convenience of the public.
All lighting of premises shall be directed away from adjoining residences
and shall not exceed a height of 15 feet above the grade of the premises.
The location, candlepower, height and type of fixture to be installed
shall be first approved by the Board of Trustees.
(6)
Parking areas shall be illuminated uniformly at night
only during the business hours of the store or buildings which they
serve, which illumination shall be extinguished within 1/2 hour after
the close of business, except security lighting, which shall be approved
by the Board of Trustees. Where said parking areas are directly adjacent
to residential districts, the lighting fixtures and equipment shall
be so designed and installed as to reflect away from, and to shield,
such residential districts from the lights of the parking areas.
(7)
Adequate and appropriate screening for the protection
of adjacent properties as approved by the Board of Trustees shall
be provided and permanently maintained.
(8)
No part of any required parking area, access driveways
or loading and unloading areas shall be used for the storage or abandonment
of any article or material.
(9)
Off-street truck loading areas shall be surfaced in
the same manner as the parking areas.
C.
All aisles within parking areas shall have a minimum
width of 24 feet when the parking spaces are at a ninety-degree angle
with the aisle, 18 feet when the parking spaces are at 60º and
12 feet when the parking spaces are at 45º.
D.
Aisles and turning areas shall have adequate radii
to assure ease of mobility, ample clearance and convenient access
and egress. Center-line gradients of aisles shall not exceed 8%. Parking
garage ramps shall not exceed a gradient of 12%.
E.
Parking spaces for automobiles shall have a minimum
width of nine feet and a minimum length of 20 feet.
F.
Off-street truck loading spaces shall have a minimum
width of 12 feet, a minimum length of 25 feet and a minimum clearance
height of 14 feet. The related aisle shall have the same clear height.
G.
Off-street truck loading areas shall be provided in
a location that will not interfere with accessory parking and means
of ingress and egress thereto.
H.
Off-street parking and truck loading areas shall be
designed to avoid the impression of large-scale paved areas and shall
include provision for landscaping and screening.
I.
Every parking space shall have free access to either
an aisle or an access driveway, unless provision is made for attendant
parking.
A.
The provisions of this article shall not apply to
any building or structure or lot lawfully in use at the effective
date of this article, whether continued as a permitted use or as a
legal nonconforming use or thereafter converted or changed without
enlargement to a different use having the same parking and truck loading
requirements.
B.
Within an established municipal parking district wherein
the municipality has, as a matter of public policy, taken the responsibility
for providing adequate off-street parking facilities for all uses
in the district, the off-street parking space requirements stipulated
in this section shall be automatically waived.
C.
The area within the Village bounded by Middle Neck
Road, Linden Boulevard, Gateway Drive and Cedar Drive and located
within the Business D District is hereby designated as a municipal
parking district for the purposes of this section.
[Added 6-6-1977 by L.L. No. 7-1977]
The outside storage on private property of any
unregistered and/or unlicensed motor vehicle for a period longer than
15 consecutive days is prohibited, unless such unregistered and/or
unlicensed motor vehicle, notwithstanding the year in which the same
shall have been manufactured, is, at all times while being so stored,
kept in such condition and maintained with such equipment that it
will meet the minimum requirements to pass the New York State motor
vehicle inspection standards as provided by the Vehicle and Traffic
Law of the State of New York and all rules and regulations promulgated
by the Commissioner of Motor Vehicles for the periodic inspection
of motor vehicles in the State of New York, as the same may be amended
from time to time. This prohibition shall not apply to the storage
of such vehicles where the storage may be considered to be a legitimate
accessory or implied part of a permitted use.
[Added 8-12-1996 by L.L. No. 8-1996; amended 1-14-2019 by L.L. No. 1-2019]
No boat or motorized recreational equipment (including personal
watercraft) shall be parked or stored outdoors on any property used
for residential purposes in the Village where the boat or recreational
equipment is visible from the adjacent public street.
[Added 5-7-1979 by L.L. No. 2-1979; 6-7-1982 by L.L. No. 6-1982; 10-2-1986 by L.L. No. 10-1986]
A.
Notwithstanding any other provision of law to the
contrary and except as provided herein, no part of any parking space
or the entrances or access roadways to be used in connection with
any building in a business district shall be located in a residence
district.
B.
In the case of property in a residence district and
located north of Cedar Drive and within 150 feet of Middle Neck Road,
the Board of Trustees may grant a special permit for the use of such
property for such purposes, as provided in this section.
C.
A permit as provided in Subsection B hereof may be granted only where:
(1)
The property in the residential district abuts or
adjoins the lot or premises in the business district in connection
with which the parking is to be used.
(2)
Access to the parking area is over or through the
lot or premises on which the business use is conducted.
(3)
The area in the residential district to be used for
or in connection with the parking of vehicles is not more than 150
feet from Middle Neck Road.
(4)
Such parking is located at least 20 feet from the
boundary of adjacent lots or premises used for residential purposes
or located in a residential district.
(5)
The parking of vehicles is to be at ground level or
in an enclosed structure not more than one story or 10 feet below
ground level, whichever is less.
(6)
No parking is to be permitted in any structure having
a height of more than one story or 10 feet, whichever is greater.
(7)
Such use exists on June 1, 1986, in connection with
a building in the business district. No such permit shall be granted
for such use if the use is to commence after June 1, 1986.
D.
In the event that a permit is granted for parking
on a lot on premises within a residential district, as provided in
this section, no residential use or other use of the lot or premises
shall be permitted.
E.
Any permission granted by the Board of Trustees pursuant
to this section may be made subject to reasonable conditions imposed
for the protection of neighboring properties and the community, as
may be necessary or reasonable in any particular circumstance, including,
without limitation, conditions as to landscaping, maintenance, location
and duration of parking and duration of special permission.
[Added 1-13-2020 by L.L.
No. 1-2020]
A.
Upon
application by an owner (or authorized agent of an owner) of any property
in the Village other than a property used or to be used for a single-family
residence, the Planning Board may grant a special permit to allow
off-street parking for such property in quantity, or location, other
than may otherwise be required by law. The Planning Board may grant
such special permit, in its sole discretion, upon such reasonable
terms and conditions as may be appropriate in the circumstances and
consistent with this section.
B.
Prior
to granting any such special permit, the Planning Board shall determine
whether such relief, and such conditions, will be in the interest
of the public health, safety or general welfare, and otherwise will
be in harmony with the provisions of the Village Code and will not
adversely affect the neighborhood or community. The Planning Board
also shall consider the availability of public parking in the area
of the subject property, and the availability of public parking on
private property off site.
C.
Public
hearing and decision on special use permits. Prior to approving any
special permit pursuant to this section, the Planning Board shall
conduct a public hearing with respect to such application. The procedures
for making application, and for notice and conduct of such hearing,
shall be the same as those which apply to an application to the Board
of Appeals for a variance pursuant to this chapter.
D.
In any
case where the Planning Board grants a special permit which waives,
varies, or otherwise modifies the requirements of this Code for off-street
parking, the decision of the Planning Board shall expressly state
the number of spaces required to be provided pursuant to this Code
or otherwise required for such premises by law (including pursuant
to any prior variances or preexisting legal requirements), the number
of spaces required to be provided as determined by the Planning Board,
and the number of spaces that, by reason of the determination of the
Planning Board, are not required to be provided.
