[Amended 9-19-1977 by L.L. No. 5-1977; 1-11-1988 by L.L. No. 6-1988; 7-11-1988 by L.L. No. 11-1988; 3-16-1992 by L.L. No. 1-1992; 6-23-1997 by L.L. No. 2-1997; 12-2-1998 by L.L. No. 3-1998; 6-10-2002 by L.L. No. 5-2002]
In the Business AA District, no building or
premises shall be used and no building shall be erected or altered
for other than one or more of the following uses:
A.Â
Any use permitted in the Business A District and subject to all limitations and restrictions contained therein, except that no building or buildings, other than an office building or buildings, shall be erected, altered or enlarged for any permitted use in said Business AA District unless there is provided and continuously maintained upon the same plot off-street parking for motor vehicles, which off-street parking area shall adjoin the building in which the permitted use is conducted. The parking area required shall be in accordance with the provision of Subsection B below. All such parking areas shall be located outside of the required front yard setback areas or street-widening lines.
B.Â
Required parking spaces. Parking regulations and requirements
are set forth in Chart IV of the Rockville Centre Zoning Code. Chart
IV is entitled "Schedule of Minimum Required Off-Street Parking."[1]
[1]
Editor's Note: Chart IV is included at the end of this chapter.
C.Â
Parking.
(1)Â
Off-street parking to be provided. Off-street parking
must be provided and continuously maintained upon the same plot for
any freestanding building that is erected, altered or enlarged for
use as business offices, fast-food establishments or restaurants.
Off-street parking must be provided and continuously maintained upon
the same plot for any freestanding building that is erected or enlarged
for the sale of goods at retail or services clearly incidental to
retail sales.
(2)Â
When an existing freestanding building is enlarged,
parking must be so provided based upon the increase in square footage.
D.Â
Special exception.
(1)Â
The Board of Appeals may vary the parking requirements as set forth in Subsection B hereof upon the showing of circumstances which will warrant the creation of special exception. The Board shall be guided by the following standards:
(a)Â
The size and location of the building (whether
it is new construction or an enlargement or an alteration of an existing
building), the nature and intensity of the use and whether it is an
enlargement of the existing use or a change of the use to another
permitted use.
(b)Â
The availability of off-site parking either
on adjoining land or on land reasonably close to the site.
(c)Â
The availability of municipal parking which
will accommodate the parking of the type required for the use made
of the building, i.e., whether it is shopping or employee or any other
kind of parking permitted in a nearby municipal parking field.
(d)Â
The traffic conditions in the general vicinity
of the site.
(e)Â
The character of the district and whether the
granting of a special exception would discourage the appropriate development
or use of adjacent land or buildings or impair the value thereof,
all with the view of conserving the value of such land and buildings.
(f)Â
The encouragement of the most appropriate use
of the lands consistent with the permitted usages in the area.
(2)Â
The Board may impose conditions which would bring
about the termination of the special exception should the usage change
or should the applicant, or the successor in interest of the applicant,
violate or fail to comply with any condition imposed by the Board
in connection with or as part of the granting of the special exception.
All such parking fields required by this article
shall be shown upon the plot plan submitted for the building permit
for the premises, which plot plan shall also show the proposed curb
cuts, driveways, arrangement for parking and drainage system.
All parking fields required pursuant to this
article shall be kept clean and free from rubbish, debris and snow,
and the surface of the parking area shall be suitably graded and drained
to prevent the accumulation of water. The failure of the owner or
occupant of premises upon which a parking area is required pursuant
to this article to maintain such parking area as above provided shall
constitute a violation of this chapter and shall subject the violator
to the penalties prescribed in this chapter.
Parking spaces shall not be considered as provided
pursuant to this article unless reasonable precautions are taken to
assure that such parking spaces are used only by persons who are at
the time either owners, proprietors or employees of business being
conducted in the building or premises for which such parking spaces
are provided or are persons conducting business with such owners or
proprietors of such places of business.
