[Amended 2-23-1993 by Ord. No. 93-ZC-301; 5-8-2012 by L.L. No. 11-2012; 5-9-2017 by L.L. No. 19-2017; 7-21-2020 by L.L. No. 23-2020; 6-14-2022 by L.L. No. 16-2022]
(A)
Expansion and intensification of use. Notwithstanding any other provision of this chapter to the contrary, all new buildings, and existing buildings that are either (1) altered or expanded to increase the gross floor area, or (2) seek to be converted to mixed-use status, or (3) where there is an intensification of use, shall provide off-street parking spaces as set forth in § 198-47.
(B)
Any commercially zoned property built upon at the time of this enactment, proximate to municipal parking facilities and seeking a special use permit pursuant to § 198-44(A), shall be credited with a number of parking spaces for commercial use of the property. The number of parking spaces to be credited shall be calculated as the number of spaces at the retail and personal services rate as set forth in § 198-47, which is one (1) parking space for every two hundred (200) square feet of gross floor area for one (1) story of building coverage for the entire property. This credit is inapplicable to residentially used mixed-use properties.
(C)
All residential development in commercial zoning districts shall be provided with on-site parking in accordance with § 198-47 and § 198-27(22) or § 198-46(B). Municipal parking lots and existing parking spaces providing parking for on-site commercial uses cannot be used to provide required parking for proposed residential uses; unless those mixed-use structures actually existed at the time of the within code change and the property had received prior relief to utilize the municipal lot and have continued such use pursuant to § 198-105.
[Amended 5-10-1971 by Ord. No. 71-ZC-12; 11-14-1972 by Ord. No. 72-ZC-42]
(A)
[1]With respect to expansion of a building so as to increase the commercial or industrial gross floor area, a new building containing only commercial or industrial uses, or a change of use in an existing building to a commercial or industrial use requiring additional parking spaces, municipal parking facilities acquired by the Town before September 1, 2019 within three hundred (300) feet from the building in commercial districts and not more than five hundred (500) feet from the building in industrial districts may be used to satisfy all or part of the requirements as a special exception, subject to the approval of the Zoning Board of Appeals on findings that the conditions set forth in § 198-66 have been met. Municipal parking facilities acquired by the Town on or after September 1, 2019 and located in the Huntington Hamlet Center as defined in the Horizons 2020 Comprehensive Plan cannot be used to satisfy parking requirements.
[Amended 5-12-1992 by Ord. No. 92-ZC-278; 5-9-2017 by L.L. No. 19-2017; 7-21-2020 by L.L. No. 25-2020]
[1]
Editor's Note: Former Subsections (A) and (B), providing requirements
for off-street parking spaces in commercial and industrial districts,
which immediately preceded this subsection, were repealed 5-9-2017
by L.L. No. 19-2017. This local law also redesignated former Subsections
(C) through (E) as Subsections (A) through (C), respectively.
(B)
In any commercial district, no building or part thereof shall be constructed with provisions for underground or aboveground parking structure(s), unless the gross floor area of such building is no greater than it would have been, meeting all required off-street parking requirements. Parking structure(s) shall not exceed either forty-six (46%) percent of the coverage of all other structures on the subject site or eleven (11%) percent coverage of the entire site, whichever is less, except where a parking structure is entirely at or below grade. Where a parking structure is entirely at or below grade, the maximum coverage for the combined buildings and structures shall not exceed the lot coverage requirement for the particular zoning district in which the property is located. That part of the parking structure(s) that will house the following will not be assessed for parking lot coverage but will be assessed for parking structure coverage (as defined in § 198-2 hereinabove):
[Added 12-22-1987 by Ord. No. 87-ZC-185; amended 2-9-1993 by Ord. No. 92-ZC-292; 6-11-1996 by Ord. No. 96-ZC-1; 10-6-2006 by L.L. No. 29-2006; 6-11-2008 by L.L. No. 18-2008]
(C)
In any industrial district, a parking structure is
permitted as long as the lot coverage of all buildings and structures
(including parking structures) does not exceed sixty (60%) percent
of the lot area.
[Added 6-11-2008 by L.L. No. 18-2008]
(A)
The requirements of this article do not limit more
restrictive requirements which may be established in connection with
the issuance of any special use permit.
(B)
Parking requirements for a use not listed in § 198-47 shall be the same as for a listed use of the same general characteristics of demand generation.
(C)
Where more than one (1) use occupies a building or
premises, the parking requirements shall be equal to the sum of the
requirements for each use.
(D)
Landbanked parking. When an applicant for a permit
for a building or use shall find that required off-street parking
is in excess of the demand generation of the use or building proposed,
the Planning Board may reduce the extent of parking area to be improved
upon a finding that any proposed modification shall be sufficient
to serve the demand generation and that no hazard or traffic congestion
shall result. The approved site plan shall show both the reduced area
to be improved and the total requirement established by this chapter,
with any unbuilt parking spaces replaced by landscaping. All landbanked
parking spaces must conform to zoning requirements such as dimensions,
setbacks, location, and steep slopes, but engineering work shall not
be required until the spaces are proposed for construction. The applicant
shall submit a Declaration of Covenants and Restrictions in a form
approved by the Town Attorney, specifying that all required spaces
shall be improved upon subsequent finding by the Planning Board that
such improvement is needed as a result of increased demand generation
or actual site conditions.
[Amended 5-8-2012 by L.L. No. 11-2012]
(E)
No rental or use charge shall ever be imposed for
any parking spaces required by this article.
(F)
Whenever an existing accessory parking field is restriped
or redesigned in order to be brought into compliance with the rules
and regulations applicable to the provision of handicapped accessible
parking spaces and such redesign is not accompanied by any building
expansion or intensification of use requiring that additional parking
be required, and as a result of such redesign there is a net loss
in the number of parking spaces such that the site no longer provides
parking as required by this chapter, the site plan review authority
may:
[Added 12-6-1994 by Ord. No. 94-ZC-19]
[Amended 5-10-1971 by Ord. No. 71-ZC-12; 12-6-1994 by Ord. No. 94-ZC-19]
(A)
Required parking spaces shall be located on the same
lot as the use served, except that, where an increase is required
or joint use of facilities by two (2) or more commercial establishments
or two (2) or more industrial establishments has been provided, required
spaces may be located not more than three hundred (300) feet from
the building in business districts and not more than five hundred
(500) feet from the building in industrial districts, provided that
the business or industrial use is permitted or conditionally permitted
in both locales. This provision shall not apply where properties are
separated by four (4) or more travel lanes of a roadway, unless a
pedestrian overpass or underpass is provided and the travel distance
required for use of such a bypass is no greater than the distances
listed within this section.
(B)
Residential uses. Required parking spaces shall be located on the
same lot as the use served, except that where parking is needed for
residential development as the sole use or part of a mixed-use development,
required spaces for the residential use only may be located on a lot
not more than one thousand five hundred (1,500) feet from the building,
provided that the supported residential use is permitted or conditionally
permitted on both lots, and the lot accommodating the required parking
is not residentially zoned.
[Added 5-9-2017 by L.L.
No. 19-2017[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
(B) as Subsection (C).
(C)
Upon application to and a public hearing by the Zoning Board of Appeals,
the Board may find that up to fifty (50%) percent of the required
parking for a theater, bowling alley, nightclub or similar use and
up to one hundred (100%) percent of the required space for a church
may be provided and used jointly by a bank, offices, retail stores
and similar uses not normally open or operated during the same hours.
Where cross easements are necessary between two (2) property owners,
a formal agreement properly executed and in a form approved by the
Town Attorney shall be filed with the Town.
[Amended 5-9-2017 by L.L.
No. 19-2017]
[Amended 3-10-1970 by Ord. No. 70-ZC-3; 9-26-1972 by Ord. No. 72-ZC-38; 6-25-1991 by Ord. No. 91-ZC-259; 6-25-1991 by Ord. No. 91-ZC-260; 5-12-1992 by Ord. No. 92-ZC-278; 12-15-1992 by Ord. No. 92-ZC-291; 1-26-1993 by Ord. No. 92-ZC-297; 2-23-1993 by Ord. No. 93-ZC-300; 12-6-1994 by Ord. No. 94-ZC-19; 6-11-2008 by L.L. No. 17-2008]
|
Use or Use Category
|
Basic Unit of Measurement
|
Additional or Alternative Requirement
| |
|---|---|---|---|
|
One- or two-family dwellings, with certificate
of occupancy for the basic dwelling, dated January 1, 1995, or after,
without a garage
|
1 per dwelling unit where on-street parking
is available
| ||
|
Boardinghouse or rooming house
|
1 per rentable room
| ||
|
Multifamily dwelling with 1 garage and 1 driveway
|
With roads at least 34 feet in width, curb to
curb, 1.5 per dwelling
|
With roads less than 34 feet in width but greater
then 24 feet, curb to curb, and sidewalks on at least 1 side, 2 space
per dwelling
| |
|
Multifamily dwelling with 2 car garages and
driveways
|
1 space per dwelling
| ||
|
Multifamily dwelling with no garages or driveways
|
With roads at least 34 feet in width, curb to
curb, 2.5 spaces per dwelling
|
With roads less than 34 feet in width but greater
than 24 feet, curb to curb, and sidewalks on at least 1 side, 3 per
dwelling
| |
|
Senior housing
|
1.5 per dwelling unit
| ||
|
Congregate-care or assisted living facility
|
1 per 4 dwelling units
| ||
|
Nursing home
|
1 per 3 beds
| ||
|
Hotel, motel, apartment hotel
|
1.25 per sleeping room or suite
|
Plus 1 space per 75 square feet of gross floor
area in restaurants, banquet facilities or meeting rooms
| |
|
House of worship; arena, auditorium or stadium;
gymnasium or health club
|
1 per 5 fixed seats or 1 per 5 occupants, whichever
is applicable
| ||
|
Theater
|
1 per 3 seats
| ||
|
College, vocational or high school
|
5 per classroom or teaching station
|
Plus 1 per staff member (teaching and nonteaching)
| |
|
Elementary school
|
1 per each 8 seats in main assembly room
|
Or 2 per classroom but not less than 10 in any
case
| |
|
Nursery school
|
1 per each 10 seats in main assembly room
|
Or 1 per classroom but not less than 10 in any
case
| |
|
Day-care centers
|
1 per 500 square feet of gross floor area
| ||
|
Library, art gallery, museum, community center
|
10 per use
|
Plus 1 per each 300 square feet of gross floor
area over 2,000 square feet
| |
|
Private club, country sleeping club, yacht club,
fraternity or lodge
|
1 per 3 families or individual members
|
Or 2 per 3 rooms, whichever is greater, and
assess additional for public use at restaurant rate if applicable
| |
|
Golf course tee and/or driving range
|
3 per hole
|
Plus 1 for each position on a driving range
| |
|
Sanatorium or hospital
|
1 per each 3 beds
|
Plus 1 per each 2 employees on the maximum shift
| |
|
Funeral homes
|
10 per parlor or chapel
|
Not less than 20 in any case
| |
|
Restaurants
|
1 per 50 square feet of gross floor area
| ||
|
Restaurants(s) within shopping centers where
the shopping center has a minimum of 50,000 square feet of gross floor
area and the restaurants(s) do not comprise more than 10% of the gross
floor area
|
Same as retail at 1 space per 200 square feet
of gross floor area
| ||
|
Drive-in restaurant
|
1 space per 35 square feet of gross floor area
| ||
|
Bar, tavern, nightclub or other establishment
whose primary function is on-premises consumption of alcoholic beverages
|
1 per 15 square feet of gross floor area
| ||
|
Department store, personal service store not specifically designated elsewhere in this section and food shop as defined in § 198-2, and hookah lounges and vape stores/lounges.
[Amended 9-27-2016 by L.L. No. 41-2016] |
1 per 200 square feet of gross floor area
| ||
|
Regional shopping center (retail) over 1,000,000
square feet gross floor area
[Added 6-11-1996 by Ord. No. 96-ZC-1] |
4 spaces per every 1,000 square feet of gross
floor area
| ||
|
Furniture or appliance store, machinery or new
auto sales
|
1 per 500 square feet of gross floor area
| ||
|
Used auto sales, boat sales, commercial nurseries
selling at retail
|
5 spaces for each use (to be specifically designated
for customer parking)
|
Plus 1 for each 5,000 square feet of lot area
| |
|
Bowling alley
|
5 per alley
| ||
|
Commercial amusement place
|
1 space per 75 square feet of gross floor area
|
Plus 10 spaces for each site acre used for outdoor
amusement or recreation facilities
| |
|
Professional, medical or dental, engineering
and data processing offices:
|
1 space for every 200 square feet of gross floor
area
| ||
|
Less than 5,000 square feet of gross floor area
| |||
|
5,000 square feet to 29,999 square feet of gross
floor area
|
1 space for every 225 square feet of gross floor
area
| ||
|
30,000 square feet to 249,999 square feet of
gross floor area
|
1 space for every 250 square feet of gross floor
area
| ||
|
250,000 square feet of gross floor area and
greater
|
1 space for every 300 square feet of gross floor
area
| ||
|
Marina[1]
|
1.25 per boat berth
| ||
|
Manufacturing establishment, research or testing
laboratory, warehouse or distribution plant, wholesale establishment,
nonretail general service or repair establishment, printing, publishing,
plumbing, heating
|
1 space for every 500 square feet of industrial
gross floor area
|
Plus 1 space for every 300 square feet of gross
floor area of administrative office space
| |
|
Automobile, truck or boat sales, commercial
nurseries selling at retail
|
1 space for every 500 square feet of gross floor
area
|
Plus 5 spaces per site, or 1 space for every
5,000 square feet of lot area, whichever is greater, to be set aside
for customer parking
| |
|
Automotive and truck repair or service, motor
fuel sales
|
3 spaces for each service bay or 1 space for
each 500 square feet of shop area, whichever is greater
|
Plus 1 space for each 200 square feet of auxiliary
sales area
| |
|
Storage, accessory to a commercial use, where
such storage either occupies an entire separate accessory structure
or where accessory storage occupies an entire floor and is separate
from all other component uses of an enterprise
|
1 space for every 500 square feet of gross floor
area (1:500)
|
Except for walk-in refrigerator/ freezers less
than 250 square feet, in which case there shall be no assessment for
parking whether the unit is accessible from the building or freestanding
| |
|
Charter or party boat enterprises for fishing
or sightseeing
[Added 5-4-2004 by L.L. No. 12-2004] |
1 per 2 passengers
| ||
|
Convenience Market
[Added 6-6-2011 by L.L. No. 20-2011] |
1 per 150 square feet of gross floor area
| ||
|
NOTE: For requirements for other uses, refer to § 198-45B.
| |||
[1]
Editor's Note: The former entry for nonretail
general service or repair establishments, printing, publishing, plumbing
and heating, which immediately followed this entry, was a included
through a scrivener's error and removed 2-7-1995 by resolution 1995-61.
A.
Required off-street parking areas, including drives
and accessways, shall be paved with an all-weather hard-surface material
in conformance with applicable specifications of the Town, or alternate
hard-surface material as approved by the Town Engineer. The Town Engineer
may approve the use of gravel, stone blend or stone-paved drives and
parking spaces for single- and two-family dwellings and home occupations,
when there will be minimal pedestrian traffic over the area and aesthetics
and drainage is a concern, as long as a method to contain loose materials
from accumulation on public rights-of-way is proposed and found to
be acceptable. The Town Engineer may approve the use of the similar
materials or geo- or paver blocks for use in the C-9 Harbor Use District
when high groundwater and drainage considerations make such a substitution
desirable. This exclusion shall not apply to required handicapped
accessible parking spaces in the C-9 Harbor Use District, which shall
be paved.
[Amended 12-6-1994 by Ord. No. 94-ZC-19; 5-4-2004 by L.L. No. 12-2004]
B.
Whenever a parking area of a commercial, office or
industrial use, including any driveways leading to said parking area,
adjoins a residence district, fencing, and a buffer strip of not less
than ten (10) feet in width consisting of dense evergreen, shall be
provided.
[Amended 12-6-1994 by Ord. No. 94-ZC-19]
C.
Any night lighting of parking areas shall be designed, located and placed in conformance with the provisions of Chapter 143.
[Amended 11-9-2005 by L.L. No. 40-2005]
D.
No parking area shall be located within five (5) feet
of a lot line nor within ten (10) feet of a residence district boundary,
with the following exceptions:
[Amended 2-6-1979 by Ord. No. 79-ZC-19; 12-6-1994 by Ord. No. 94-ZC-19]
(1)
Where two (2) parking areas for permitted nonresidential
uses adjoin each other, the requirement for no parking within five
(5) feet of a lot line may be waived by joint agreement of the two
(2) parties, subject to the approval of the site plan review authority
and subject to the filing of a formal agreement, between the parties
and the Town, for cross easements, provided that such waiver results
in the connection of two (2) parking areas by either a driveway, a
pedestrian walkway or both. Before approving such a waiver, the reviewing
authority shall take into consideration whether consolidation will
reduce the number of curb cuts, provide easier access for pedestrians
and whether public safety shall be enhanced by such consolidation.
It may furthermore be required that all or a portion of the buffer
so modified be transferred elsewhere on the site in order to provide
for landscaped areas that would otherwise have been provided. This
waiver does not apply to buffers on individual properties that are
required to be in excess of five (5) feet wide.
[Amended 6-6-1995 by Ord. No. 96-ZC-4]
(2)
The former may be modified where the approving authority
determines that said five-foot parking buffer can be better utilized
to save existing natural vegetation if shifted elsewhere on the same
site.
E.
A parking space shall be a surfaced area, enclosed
in a building or unenclosed, having an area of not less than three
hundred fifty (350) square feet, including driveways, designed for
the temporary storage of one (1) automobile and connected to a street
by an all-weather-surfaced driveway which affords satisfactory ingress
and egress. Each space shall have dimensions of not less than nine
(9) feet by twenty (20) feet, except that the stall length may be
reduced when the stall is head-in to a required buffer, provided that
the buffer is increased by a corresponding amount, and except that
the stall length may be reduced to eighteen (18) feet inside a parking
structure, and except that a width of eight (8) feet shall be considered
adequate for one- and two-family dwellings. A maximum of up to ten
(10%) percent of all required parking spaces, whether in a building
or unenclosed, may be designated for small-car parking, providing
an area of approximately three hundred (300) square feet per car,
including backup space, aisle and driveway, on all site plans reviewed
and approved by the Planning Board. Such spaces shall have a dimension
of eight (8) feet in width and eighteen (18) feet in length, except
that the stall length may be reduced when it is head-in to a required
buffer, provided that the buffer is increased by a corresponding amount.
Small-car parking area(s) shall be prominently marked with signs,
designating such spaces for small-car parking only, and such restrictions
shall be enforced by the property owner. Any area that is in excess
of that which the Code would require without small-car parking shall
be added to the areas to be landscaped, with trees, in accordance
with all of the applicable provisions of the Subdivision Regulations
Site Improvement Specifications.
[Amended 12-6-1994 by Ord. No. 94-ZC-19; 10-7-1998 by L.L. No. 35-1998; 6-11-2008 by L.L. No. 18-2008]
F.
Within a residence district, no parking area required
for a nonresidential use, including permitted home occupations, shall
be located in the front yard or street-side side yard, except that
this shall not prohibit short-term parking in an existing driveway.
[Added 12-6-1994 by Ord. No. 94-ZC-19]
G.
Driveway cuts through required buffer strips separating permitted nonresidential uses may be allowed by the site plan review authority, who may then modify the requirement for any parking spaces that may be lost by said parking lot consolidation, pursuant to § 198-43.
[Added 12-6-1994 by Ord. No. 94-ZC-19]
H.
Every other double row of parking spaces shall have
a landscaped center median. For every double row of parking spaces
without a landscaped center median, every seventh front-to-front double
space shall have a nine-foot-wide by eight-foot-deep treed landscaped
island. The parking stalls at both ends of these islands shall be
sixteen (16) feet long and shall be designated for subcompact cars
only.
[Added 12-6-1994 by Ord. No. 94-ZC-19]
(A)
The Zoning Board of Appeals may reduce the requirements
for off-street parking as set forth in the table of this article[1] upon a finding that the amount of space to be provided
is adequate to reasonably serve the use proposed.[2]
[Amended 6-25-1991 by Ord. No. 91-ZC-259; 12-6-1994 by Ord. No. 94-ZC-19]
