[Amended 5-13-1966; 1-30-1978 by L.L. No. 1-1978]
Off-street parking and truck loading spaces
shall be provided and maintained 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. All such parking spaces
shall be considered to be required spaces on the lot on which they
are located and shall not, therefore, be encroached upon or reduced
in any manner.
[Amended 5-3-2007 by L.L. No. 8-2007]
A.
The requirement of off-street parking for a single
use shall be determined directly from the schedule of requirements
which is incorporated in this article. The requirement for a combination
use shall be the sum of the requirements for each of the component
uses as derived from the schedule of requirements. When the required
number of spaces results in a fraction, it shall be increased to the
next highest whole number. If the use is not specifically listed in
the schedule, the requirements shall be the same as for the listed
use most similar in generation of parking demand. Uses which require
approval pursuant to the special exception use procedure of this chapter
may be required to provide spaces in excess of the requirements of
this article.
B.
The provisions of this section shall not apply to
any building, structure or lot lawfully in use at the effective date
of this chapter, whether continued as a legal nonconforming use or
thereafter converted or changed, without enlargement, to a different
lawful use having the same parking and truck loading requirements.
However, no building, structure or lot lawfully in use at the effective
date of this chapter shall be enlarged or have a change in use which
results in an increase in the parking demand unless the off-street
parking and truck loading space requirements of this section are complied
with for the proposed enlargement or increase in parking spaces as
a result of a change in use only. It is intended by this provision
that additional off-street parking and truck loading spaces shall
be provided with respect to the proposed enlargement or change of
use that increases the parking requirement beyond the nonconforming
parking that exists before the change of use or addition was proposed,
but no additional spaces shall be required with respect to the preexisting
portions. However, conforming spaces actually provided at the time
of the application, even if voluntary or informal and unimproved,
shall be charged to the preexisting portions and shall be formalized
and improved incident to construction of the addition.
C.
Where the Planning Board shall determine that dedication of land or an easement is desirable to facilitate improvement of existing or proposed public parking facilities and vehicular circulation plans, as may be identified in the Village's Comprehensive Plan, and said dedication of land or easement is voluntarily and unconditionally offered to the Village for said purposes as a matter of public policy, the off-street parking requirements stipulated in § 197-21 may be waived, in whole or in part, by the Planning Board. The number of spaces that may be waived shall be calculated on the basis of one space per each 320 square feet of access way or travel aisle covered in the dedication or easement. No off-street parking fee, as required in § 197-24, shall be imposed for those spaces waived pursuant to these provisions. The applicant shall be required to make any improvement to the subject area to facilitate the goals of this section. In any event, in order to benefit from the waiver in this subsection, the applicant shall provide a minimum of two-thirds of the required number of parking spaces required in § 197-21. This provision does not eliminate the Planning Board's ability to require cross-access easements, or shared parking agreements with adjacent properties as a condition of a site plan approval. The benefit of this subsection applies only to voluntary dedication of land or easement and shall not apply to a cross-access easement imposed by the Planning Board.
[Amended 7-7-1986 by L.L. No. 13-1986; 11-11-1988 by L.L. No. 26-1988; 2-13-1996 by L.L. No. 6-1996; 12-11-2000 by L.L. No. 17-2000]
The schedule of off-street parking space requirements table is included at the end of this chapter. This table sets forth by use the parking requirements.
[Added 3-10-2003 by L.L. No. 1-2003;
amended 12-8-2003 by L.L. No. 13-2003]
Drive-in, drive-up or drive-through facilities
shall be prohibited for all uses except that said facilities shall
be permitted for retail banking uses.
[Amended 2-13-1996 by L.L. No. 3-1996; 10-12-2004 by L.L. No. 4-2004]
Off-street parking areas shall be designed to
be orderly systems having convenient, safe traffic patterns and shall
be paved, attractively landscaped, adequately drained and clearly
marked. Off-street parking areas for nonresidential uses shall remain
open and uncovered.
A.
Access driveways for off-street parking areas may
have separate or combined entrances. Every separate entrance or exit
driveway shall have a minimum unobstructed width of 12 feet. Every
combined entrance and exit driveway shall have a minimum unobstructed
width of 24 feet.
B.
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 an angle of
60° with the aisle and 12 feet when the parking spaces are at
an angle of 45° with the aisle. Aisles and turning areas shall
provide good internal circulation and shall be clearly marked with
signs and pavement striping and arrows indicating direction of traffic
flow.
C.
Parking spaces shall have a minimum width of nine
feet and a minimum length of 18 feet, and shall be delineated by markings
on the pavement to consist of reflectorized traffic paint lines at
least four inches in width. Parking spaces and interior aisles shall
not be located within 10 feet of any property line except in those
cases in which a parking area is designed to abut a parking area on
an adjoining property so as to function as a single parking area.
Such cases may only be approved by the Planning Board, which approval
shall require the owner to execute an easement sufficient to allow
the functioning of such an arrangement.
[Amended 6-4-2020 by L.L. No. 7-2020]
A.
The physical improvements of off-street parking areas
and access driveways shall include:
(1)
Paving to consist of the following: cross section
a minimum of 12 inches of stabilized soil subbase, 4 1/2 inches
of drybound, dense graded, stone aggregate base course and 1 1/2
inches of New York State Type 1 AF asphaltic concrete wearing surface.
(2)
Cast-in-place concrete curbs having an overall height
of 18 inches, eight inches wide at the bottom, six inches at the top,
having a reveal of six inches.
(3)
A drainage system capable of storing and recharging
the runoff from a storm of two inches of rainfall in a twenty-four-hour
period.
(4)
Adequate lighting shall be provided in accordance with the outdoor lighting standards contained in Article IV to assure the general safety and welfare of the public.
[Amended 10-4-2018 by L.L. No. 5-2018]
(5)
Appropriate screening between the parking area and
adjacent properties to consist of plantings and, when necessary, fencing.
B.
Waivers, amendments or modifications.
[Amended 2-8-1999 by L.L. No. 2-1999]
(1)
The Planning Board may waive, amend or modify the
requirements for physical improvements upon the applicant establishing
the following:
(a)
The proposed use or uses will generate less
vehicle traffic than other similar type uses.
(b)
There is an aesthetic or environmental reason
for the waiver.
(c)
The design will be substantially equal to the
required improvement or improvements being waived.
(d)
The waiver applies only to the specific use
or uses proposed by the applicant and the applicant shall be required
to execute and record in the County Clerk's office a covenant that
any change in the use for which the waiver applies shall require an
application to the Planning Board for its review as to whether to
continue the waiver for the new use or change in the use.
(2)
All other waivers shall be subject to a determination
by the Board of Appeals.
[Added 4-12-1985 by L.L. No. 7-1985*]
A.
Every decision of the Board of Appeals which grants
a variance waiving, varying or modifying the requirements of this
article to the extent that the number of spaces required by this article
for off-street parking and/or truck loading is reduced shall clearly
set forth the extent of such variance or variances by stating the
number of spaces required pursuant to this article, the reduced number
of spaces required by reason of the decision by the Board of Appeals
and the number of spaces thus avoided or waived by the determination
of the Board of Appeals. The number of spaces so waived by the Board
of Appeals shall constitute the number of spaces for which a variance
is granted.
B.
Every such variance granted by the Board of Appeals
waiving, varying or modifying the requirements of this article for
off-street parking and/or truck loading spaces in whole or in part,
where the premises are located in any zoning district, shall be made
subject to a condition requiring the payment of a sum of money known
as the “off-street parking space fee” to the Village of
Westhampton Beach. The Board of Trustees shall determine the sum to
be paid for each and every space as to which a variance or waiver
is granted, which said sum shall constitute a trust fund to be used
by the Board of Trustees exclusively for public off-street parking
and truck loading space purposes, including the acquisition and improvement
of land for such purposes. The payment of the off-street parking space
fee shall be made a condition for each variance granted. The provisions
of this section shall not apply to any premises used as a one- or
two-family dwelling.
[Amended 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No.
13-2003]
C.
The amount of the per-space sum required to be paid
to the Village for each and every space for which a variance is granted
shall be $6,500.
[Amended 12-9-1988 by L.L. No. 29-1988; 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
D.
There is hereby created a Village of Westhampton Beach
Public Off-Street Parking and Truck Loading Space Trust Fund to be
used by the Board of Trustees exclusively for off-street parking and
truck loading space purposes, including the acquisition and improvement
of land for such purposes.
E.
State-chartered churches, libraries, schools and not-for-profit
performing arts centers within the Business 1 District shall be exempt
from any obligation under this section to contribute moneys to a trust
fund upon the granting of variances to the off-street parking and/or
truck loading space requirements.
[Added 5-12-1989 by L.L. No. 7-1989; amended 2-7-2008 by L.L. No. 3-2008]
F.
Any foregoing provision under this section to the contrary notwithstanding, the Board of Trustees reserves the authority to receive by grant, gift, devise or other means of transfer or conveyance of real property land in an improved or unimproved condition limited in use to off-street parking, including access thereto, including transfers or conveyances conditioned on a waiver from the Village of Westhampton Beach of all or parts of the transferor's required number of spaces under § 197-20, subject to the following:
[Added 8-11-1989 by L.L. No. 13-1989]
(1)
The transferred property shall be contiguous to or
within 100 feet from the property benefiting from the waiver.
(2)
The premises shall be within the Business 1 District.
(3)
The Village Engineer shall recommend the number of
spaces waived by calculating the yield of parking spaces to be realized
from the lot area transferred or conveyed to the Village. The Board
of Trustees, in its sole discretion, shall determine the number of
spaces waived.
(4)
The Board of Trustees reserves discretion to reject
any proffered grant, gift, devise or transfer and shall make an affirmative
finding, as part of any resolution authorizing acceptance of such
a transfer or conveyance, that the land reserved is suitable and useful
for immediate or eventual improvement for off-street parking as a
part of a municipal parking system.
(5)
Any said waiver shall be recited in a written agreement
executed by the property owner and the Village, executed by the Village
after public hearing and a vote of the majority of the Board of Trustees
and then recorded at the Suffolk County Clerk's office.
(6)
Any said waiver shall, to that extent, avoid the need for procurement of a variance from § 197-20 and, to that extent, payment of moneys under Subsection C above.
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*Editor's Note: Local Law No. 7-1985 was adopted
with the following explanation of intent, described as "Findings:
"Article VIII of the Zoning Ordinance** provides for off-street parking and truck loading space requirements. As an incident of the implementation of Article VIII, nonresidential property owners in particular are required to supply parking and truck loading spaces whenever commercial premises are improved. Consistent with the requirements, however, of Article XII*** of the Zoning Ordinance, the Board of Appeals is permitted, on consideration of sufficient evidence and proof, to vary the terms and requirements of Article VIII to the extent that off-street parking and/or truck loading spaces may be in whole or in part avoided.
"The Board of Trustees recognizes that such parking and off-street truck loading space variances may he appropriate as a matter of legal construction, but the Trustees also recognize that there is a continuous and persistent demand for additional off-street parking and/or truck loading spaces throughout the Business District I and Business District 2. Conditions that may be established by a Zoning Board of Appeals on the issuances of a parking variance do not and cannot meet the problem of insufficient parking and truck loading spaces. Therefore, the Board of Trustees finds that special provisions must be enacted in order to avoid or minimize the adverse impacts of such variances, and in order to promote the purposes for which Article VIII was originally enacted."
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"The Board of Trustees has in mind the establishment
of a trust fund to be used by the Village of Westhampton Beach exclusively
for public off-street parking and truck loading space purposes, including
the acquisition and improvement of land for such purposes. By way
of further explanation, these special provisions would require as
a condition to the granting of a parking or truck loading space variance
a payment to such trust fund of a sum to be determined by the Board
of Trustees from time to time for each and every space for which a
variance is granted. The total amount required to be paid to the trust
fund would be equivalent to the number of spaces for which the variance
or variances are granted, multiplied by the per-space sum in effect
at the time of the granting of the variance or variances. The per-space
sum is intended to be equivalent to the estimated cost per space of
providing off-street parking and truck loading spaces. As a result
of the enactment of these special provisions as a local law, the Village
would be able to provide spaces needed and would thereby promote the
public safety and welfare by alleviating traffic congestion and easing
the use of the commercial facilities now or hereafter established
in the B-1 and B-2 Zoning Districts."
**NOTE: See now Article III of this chapter.
***NOTE: See now Article VII of this chapter.
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