The purpose of this Article is to establish
standards ensuring the availability and safe use of parking areas
within the Town. It is intended that all structures and land uses
eventually be provided with sufficient off-street parking to meet
the needs of persons employed at or making use of such structures
or land uses. It is further intended that any use of land involving
the arrival, departure or storage of motor vehicles be designed and
operated to:
No land shall be used and no structures shall
be erected, enlarged or used unless off-street parking spaces are
provided in accordance with the requirements of this Article.
Off-street parking facilities which serve a
use that is in existence on the effective date of this chapter shall
not be reduced in number or changed in location or design contrary
to the requirements of this Article so long as such use remains.
A.
Expansion or change of use. When a use or structure
with parking spaces insufficient in number to meet the requirements
of this Article is increased in area or changed to a use requiring
more parking according to the tables below than has the present use,
additional spaces shall be provided in the amount necessary so that
said expansion or change in use will not result in any increased violation
of the requirements of this section.
B.
Change to structure or lot. When a structure with
parking spaces insufficient in number to meet the requirements of
this Article is altered so as to result in the loss of parking spaces,
such parking spaces shall be replaced by the same number or by enough
to make up the total number required by the tables below, which ever
is less.
C.
Destruction or damage due to natural cause. When a
structure with parking spaces insufficient in number to meet the requirements
of this Article is destroyed or damaged by fire or natural cause,
the structure may be rebuilt without providing additional parking
spaces, provided the new structure requires no more parking spaces
than that which it replaces. If the new structure requires a greater
number of parking spaces, full compliance with the requirements of
this Article for the entire structure is required.
Off-street parking shall be provided for new
structures, new additions and changes in use in accordance with the
Table of Required Off-Street Parking Spaces.
A.
Computation of spaces. When the computation of required
parking or loading spaces results in the requirement of a fractional
space, any fraction over one-half (1/2) shall require one space.
B.
Interpretation of "as needed." Where the parking requirement is stated as "as needed" in this section or elsewhere in this chapter, the applicant for a permit shall estimate the number of parking spaces required to serve the use, together with the standards and methodology used in making such estimate. The Planning Board, in conjunction with site development plan approval, Article XII of this chapter, shall evaluate the estimated number and, if necessary, order that additional spaces be provided.
C.
The Planning Board will fix the appropriate number of parking spaces required for a particular use by considering the suggested standards herein, as well as information provided by the applicant as to the requirements of the use, as well as generally accepted standards of the planning and engineering professions. The ability to exercise flexibility is further provided for in § 307-34.1.
[Added 3-11-2014 by L.L. No. 2-2014]
|
TABLE OF REQUIRED OFF-STREET PARKING SPACES
[Amended 9-14-2009; 11-15-2011 by L.L. No. 3-2011; 10-19-2021 by L.L. No. 6-2021] | |
|---|---|
|
Use
|
Required Number of Spaces
|
|
Single-family dwelling
|
2 per dwelling unit
|
|
2-family dwelling
|
2 per dwelling unit
|
|
Accessory apartment
|
As required for principal dwelling, plus 1 per
bedroom
|
|
Senior citizen development
|
1 per dwelling unit or congregate-care unit
or as needed. For nursing home component, see nursing home
|
|
Active adult residential community
|
1 per dwelling unit
|
|
Rented room
|
As required for principal dwelling, plus 1 per
room for rent
|
|
Customary home occupation
|
As required for principal dwelling, plus 1 per
nonresident employee, 1 per room or office used for home occupation
and 4 per medical or dental office. The maximum number shall not exceed
8
|
|
Church or other place of worship, theater, auditorium
or other place of public assembly, government building or library
|
1 per 200 square feet of habitable floor space
(or not less than 1 per 4 seats where seats are provided)
|
|
Public or private school, including religion
instruction
|
2 per staff
|
|
Vocational school
|
1 per staff, plus 1 per 3 classroom seats
|
|
University, college or seminary
|
1 per staff, plus 1 per 5 students, plus 1 per
3 seats in auditorium or similar facility or as needed
|
|
Country club
|
1 per 3 members
|
|
Tennis club, yacht club or similar membership
sports and recreation club
|
For tennis clubs: 4 per court or 1 per 200 square
feet of habitable floor space, whichever is greater. For other clubs:
1 per 200 square feet of habitable floor space
|
|
Bowling center
|
2 per alley or lane, plus 1 per staff
|
|
Other places of public amusement or recreation
|
1 per 300 square feet of habitable floor space
|
|
Marina
|
As needed
|
|
Membership club
|
1 per 200 square feet of habitable floor space
|
|
Nursery school
|
2 per staff
|
|
Retail store
|
1 per 300 square feet of habitable ground floor
space, plus 1 per 500 square feet of habitable floor space on upper
floors; 1 per 200 square feet in CD District
|
|
Eating or drinking place
|
1 per 50 square feet of dining area and such
employee parking area as determined by the Planning Board to be appropriate.
|
|
Office, medical
|
4 per physician, plus 1 per employee
|
|
Office, finance, insurance or real estate
|
1 per 300 square feet of habitable floor space
|
|
Office, other than above
|
1 per 400 square feet of habitable floor space
|
|
Hotel
|
1 per room, plus 1 per employee on maximum work
shift
|
|
Funeral service
|
1 per employee, plus 2 per 50 square feet of
floor space in assembly rooms, plus 1 per vehicle used in connection
with funeral service, plus overflow parking as needed
|
|
Other personal or business service or repair
facility
|
1 per 300 square feet of habitable ground floor
space, plus 1 per 500 square feet of habitable floor space on upper
floors
|
|
Nursing home
|
1 per 2.5 beds, plus 1 per employee on maximum
shift
|
|
Hospital
|
1 per bed, plus 1 per employee in largest shift
or as needed
|
|
Medical or dental laboratory
|
1 per 400 square feet of gross floor area
|
|
Wholesale
|
1 per 1,000 square feet of gross floor area
|
|
Manufacturing facility
|
1 per 400 square feet of gross floor area
|
|
Gasoline service station: With service and repair
|
1 per employee 1 per employee, plus 1 per 150
square feet gross floor area of garage space
|
|
With convenience store
|
1 per employee, plus 1 per 300 square feet gross
floor area
|
|
Car wash
|
1 per employee, plus 1 per stall
|
|
Other automobile repair and services
|
1 per employee, plus 1 per 150 square feet gross
floor area
|
|
Facility other than listed above
|
1 per 300 square feet habitable floor space
|
The units of measurement contained in § 307-28 shall be applied to the principal use(s) on the parcel. The parking ratios are not intended to be applied separately to those uses accessory to the principal use(s), except as specifically required by this chapter.
A.
When off-street parking or loading serves two or more principal uses, the required number of spaces shall be the sum of the required number of spaces for the various individual uses, except as specified in Subsection B immediately below.
B.
The Planning Board, through site development plan
approval, may approve the elimination of a portion of the required
parking and allow for the joint use of parking space, provided that
the Planning Board finds that the number of spaces to be provided
will substantially meet the intent of this Article by reason of variation
in the probable time of maximum use by patrons and employees of the
separate uses. In such event, hours of operation shall be imposed
by the Planning Board as a condition of site development plan approval
and shall be so noted by reference to Planning Board resolution on
the certificate of occupancy issued with respect to the premises.
A.
In any property used for a single- or two-family dwelling,
no front yard shall be used for the parking or storage of motor vehicles,
except for portions of front yards used as driveways.
B.
Required off-street parking spaces shall be provided
on the same lot as the principal use they are required to serve, with
the following two exceptions:
(1)
In nonresidential districts, required parking spaces
may be located on a separate lot, which may be in separate ownership,
within a zoning district in which the principal use is permitted,
provided that all such parking spaces are within 750 feet of walking
distance of an entrance to the building which they serve and that,
where such lot is not in the same ownership, a lease and/or easement
guaranteeing long-term use and maintenance of such lot or spaces thereon
and satisfactory in form to the permit-granting authority is executed
and filed in the Westchester County Office of Land Records. Compliance
with the approved site development plan with respect to the subject
use shall expire simultaneously with the expiration of the lease or
easement.
Required parking areas shall have the following
minimum dimensions for parking and maneuvering space:
|
Minimum Dimensions of Parking Spaces
(feet)
| ||||
|---|---|---|---|---|
|
Maneuvering Aisle Width
| ||||
|
Angle of Parking
|
Stall Width
|
Stall Depth
|
1-way
|
2-way
|
|
61º to 90º
|
9
|
18
|
25
| |
|
46º to 60º
|
9
|
18
|
18
| |
|
45º
|
9
|
18
|
14
| |
|
Parallel
|
8
|
22
|
12
| |
Handicapped spaces shall be provided according
to the requirements of the New York State Uniform Code.
[Added 11-15-2011 by L.L. No. 3-2011]
A.
A special permit for parking may be granted for one of the categories
listed below or for a combination of the categories, provided that
the application meets the minimum standards for the special permit
and any applicable criteria for the special permit category or categories.
(1)
Waived parking. A percentage of the number of off-street parking spaces required by Article VIII of this Zoning Code for an existing developed site or a proposed use may be waived by special permit.
(2)
Land-banked parking. A percentage of the number of off-street parking spaces required by Article VIII of this Zoning Code for a proposed use or uses may be land-banked by special permit.
(3)
Shared parking. A percentage of the number of off-street parking spaces required by Article VIII of this Zoning Code may be shared by special permit.
(4)
Pedestrian access. Any proposals submitted that, in the opinion
of the Planning Board, provide direct and vital pedestrian access
to other abutting commercial properties and serve to improve pedestrian
accessibility may reduce the number of parking spaces required by
15%. Pedestrian access shall be provided through improved pathways,
stairway access or other physical improvements, and such access shall
be clearly marked.
B.
The Planning Board, by special permit, may grant relief from the parking requirements required by Article VIII, Off-Street Parking Requirements, based on the following criteria and other applicable provisions presented in this subsection.
(1)
Criteria:
(a)
The capacity, location and current level of use of existing
parking facilities, both public and private;
(b)
The efficient and maximum use, in terms of parking needs and
services, provided by avoiding excess parking, poor site design, and
inefficient use of capital and resources;
(c)
The relief of traffic and parking congestion;
(d)
The safety of pedestrians;
(e)
The provision of reasonable access by walking distance;
(f)
The maintenance of the character of the area by reducing impervious
surfaces and allowing for larger landscaped areas;
(g)
The applicant must show that a site plan could be approved for
the subject site that meets all requirements for a layout on the subject
lot that conforms to all parking coverage limitations for the site;
(h)
The reduction of runoff and stormwater impacts; and
(i)
The avoidance of impacts to environmentally sensitive lands.
(2)
Nothing contained herein shall be interpreted or applied so
as to allow a building larger than what would otherwise be allowed
but for the application of this special permit.
(3)
However, in no event shall the Planning Board grant relief from
the parking requirements required for handicapped spaces and employee
parking spaces.
C.
Minimum standards for issuing a special permit for/parking:
(1)
A special permit application for parking shall be submitted
to the Planning Board. The application shall indicate the category
or categories of parking relief requested.
(2)
The applicant must provide the Planning Board with a brief written report presenting the actual parking requirement per Article VIII, the proposed parking requirement alternative, and the percentage of the number of off-street parking spaces to be waived, land-banked, and/or shared. If pedestrian access is proposed, the report shall describe how the proposed pedestrian access would improve pedestrian accessibility and reduce the number of parking spaces required. The report should also include a statement describing why the proposed parking relief is warranted, including how the parking relief would provide a direct benefit to the Town.
(3)
The Planning Board may require the applicant to submit a parking
study demonstrating the parking demand for the proposed use based
on data from the Institute of Traffic Engineers (ITE), field data
for similar developments and other appropriate source material. The
scope or detail of such reports or studies shall be determined by
the Planning Board. Such reports or studies shall be paid for by the
applicant. In its decision, the Planning Board may also require the
applicant to provide a parking survey within a year of receipt of
the certificate of occupancy to demonstrate that the number of parking
spaces provided is sufficient for the site and that the reduction
in parking is not adversely affecting the traffic, safety and welfare
of the residents of the Town of Cortlandt.
(4)
Special permits granted for providing pedestrian access shall
not reduce the number of parking spaces required by more than 15%
of the total required parking for the site. No more than 50% of the
total number of required parking spaces serving a use may be waived,
granted for pedestrian access, land-banked, and/or shared.
(5)
A site plan showing existing conditions and the proposed parking, including all proposed land-banked parking and shared parking areas. Special permit applications for providing pedestrian access shall provide a site plan showing existing conditions and all proposed pedestrian improvements, including sidewalks, pathways, stairway access or other physical improvements. All applications for land-banked parking, and any other applications where the Planning Board deems it a necessary condition of approval, will be required to provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per Article VIII within the confines of the lot itself and serving such lot.
(6)
The Planning Board may also, during its review of an application,
request such other and further information as it finds necessary to
make a thorough evaluation of the applicant's proposal.
D.
Additional conditions for shared parking special permits. Shared
private parking facilities for different buildings or uses are subject
to the following additional provisions:
(1)
In the written report described in the standards of § 307-34.1C(2) above, the applicant must also demonstrate that the two land uses have differing peak hours or days or seasons of parking demand and that the total parking demand at any one time would be adequately served by the total number of parking spaces provided. The scope or detail of such reports or studies, which may require data from the Institute of Traffic Engineers (ITE), field data and other appropriate source material, shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant.
(2)
No more than 50% of the parking spaces serving a building may
be used jointly for other uses which are not normally open or operated
during similar hours.
(3)
Agreements for construction and maintenance. A written agreement,
acceptable to the Planning Board, defining the joint use, maintenance,
and construction of the common parking facility shall be executed
by all parties concerned and approved by the Planning Board as part
of the special permit process. Such agreement shall be recorded as
a deed restriction.
(4)
The applicant shall provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per Article VIII within the confines of the lot itself and serving such lot.
(5)
Any subsequent change in land uses for which the special permit
was approved, and which results in the need for additional parking
spaces, shall require a new special permit application under this
section.
