Village of Pleasantville, NY Bulk and Off-Street Parking and Loading Regulations

Schedule I, Bulk Requirements, Residence Districts RRR, RR, R, R-1, R-2 and R-2A.

Schedule II, Bulk Requirements, Residence Districts R-3 and R-4.

Schedule III, Bulk Requirements, Residence-Professional Office District R-PO.

(4)

Schedule IV, Bulk Requirements, Medium-Density Residence/Office District RO-2.

(4.1)

Schedule IVA, Bulk Requirements, Medium-Density Residence/Office District RO-3.

[Added 10-8-2007 by L.L. No. 7-2007]

(5)

Schedule V, Bulk Requirements, Campus-Office District C-O.

[Amended 10-8-2007 by L.L. No. 7-2007]

(6)

Schedule VI, Bulk Requirements, Business and Manufacturing Districts A-1, A-2, B, B-1, B-2 and M-1.

[Amended 10-8-2007 by L.L. No. 7-2007]

(7)

Schedule VII, Off-Street Parking and Loading Requirements, All Districts (Except As Specifically Noted Otherwise).

[1]

Editor's Note: All schedules are included at the end of this chapter.

§ 185-37 Required off-street parking facilities for combined uses.

[Amended 6-10-2002 by L.L. No. 8-2002]

Except as specified herein, where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements, if any, for each individual use on the lot. In the case of two or more different uses on the same lot or on contiguous lots, the Planning Commission may, subject to such special standards, limitations or conditions as it may deem appropriate, approve the joint use of parking space, the total capacity of which is no more than 25% less than the sum of the spaces required for each and using the same driveways giving access thereto, provided that the following requirements are met:

The Planning Commission shall find that the capacity of such parking facilities to be provided will substantially meet the intent of the requirements and anticipated parking demand by reason of variation in the probable time of peak parking demand by patrons, employees, visitors and/or other occupants among such different uses.

No less than one parking space per dwelling unit shall be provided for residential uses on a site containing a mix of nonresidential and residential uses.

If more than one lot is involved, the Planning Commission shall require, as a condition of its approval, a legal instrument or other document satisfactory to the Village, in form and substance, assuring the continued use of joint parking facilities in connection with the uses they serve.

Approval of such parking reduction and joint use of parking facilities shall automatically terminate upon the termination of the operation of any such different use or upon a change of use in one or more of the premises containing such different uses if such change is to a use that requires more parking spaces under § 185-36B of this chapter; but if a change is to a use that does not require more parking spaces under § 185-36B of this chapter, the approval shall continue, provided that the legal instrument(s) or other arrangement(s) governing the shared use of such parking facilities is amended, to the satisfaction of the Village in form and substance, to identify the new owners and/or operators of the different uses.

§ 185-38 Layout, location and ownership of off-street parking facilities.

All off-street parking facilities required in connection with any use shall be provided on the same lot therewith, except that:

Off-street parking spaces required for establishments located on two adjoining lots may be provided in a single common facility on either or both of said lots.

Subject to the approval of the Planning Commission, and to such special standards, limitations or conditions as the Planning Commission may deem appropriate, all or a portion of such required off-street parking spaces may be provided and maintained on another lot or lots ("off-site off-street spaces") located within 750 feet of the nearest property line of the lot on which the use is located ("principal lot"), provided that the following requirements are met:

[Amended 6-10-2002 by L.L. No. 8-2002]

(a)

The Planning Commission finds that such off-site off-street spaces are likely to be used in fact by the patrons, employees, visitors, and/or other occupants of the principal lot, that use of such off-site off-street spaces will substantially meet the anticipated parking demands of the principal lot and any other use served by such off-site off-street spaces and that utilization of such off-site off-street spaces to meet the parking requirements of this chapter is more suitable based on stated planning considerations than providing an equivalent number of parking spaces on the principal lot.

(b)

The number of off-site off-street spaces to be utilized to meet the minimum off-street parking requirements of the principal lot is less than or equal to the difference between the aggregate number of off-street parking spaces on the lot or lots on which such off-site off-street spaces are located minus the minimum off-street parking requirements of any principal use already located on or served by the lot(s) on which such off-site off-street spaces are located. The minimum off-street parking requirements for any use already located on or served by such off-site lot(s) shall be as defined by the terms of a prior approval by the Village or, if no such definition or prior approval exists, as required pursuant to § 185-36B of this chapter.

(c)

The Planning Commission receives a legal instrument or other documentation, satisfactory to the Village in form and substance, evidencing the right of the parties thereto to contract to allow such off-site off-street spaces to be used by the patrons, employees, visitors and/or other occupants of the principal lot and assuring the continued right of use of such off-site off-street spaces by the patrons, employees, visitors and/or other occupants of the principal lot.

(d)

If the principal lot is located in the Planned Light Manufacturing M-1 District, such off-site off-street spaces shall be located only in said district, and if the principal lot is located in a business district, such off-site off-street spaces shall be located in a nonresidential district.

(e)

The Planning Commission approval to utilize such off-site off-street spaces to meet the minimum off-street parking requirements of the principal lot shall automatically terminate upon a change of use on either the principal lot or on the lot(s) on which the off-site off-street spaces are located if such change is to a use that requires more parking spaces under § 185-36B of this chapter; but if a change is to a use that does not require more parking spaces under § 185-36B of this chapter, the approval shall continue, provided that the legal instrument(s) or other arrangement(s) governing the use of such off-site off-street spaces by the patrons, employees, visitors and/or other occupants of the principal lot is amended, to the satisfaction of the Village in form and substance, to identify the new owners and/or operators of the different uses and assure the continued right of use of such off-site off-street spaces by the patrons, employees, visitors and/or other occupants of the principal lot.

When submitted to the Building Inspector for a building permit, the plans for any new building or any replacement or reconstruction of an existing building shall show specifically the location and size of all required off-street parking facilities and the means of access thereto from public streets.

Each required parking space, exclusive of drives and aisles, shall not be less than 18 feet long nor less than eight feet six inches wide. Each parking space, as so described, shall be known as a "standard-size parking space." Except as may be otherwise provided, required off-street parking may be located in the open. All required parking facilities which may be provided in the open shall be graded, surfaced, drained and maintained to the extent necessary to avoid nuisances of dust, erosion or an excessive water runoff from such facilities onto adjoining properties or public ways. Upon determination by the Planning Commission that the required number of parking spaces would be temporarily in excess of the need therefor, the Planning Commission may waive the requirement that the excess spaces be surfaced, provided that upon a finding by the Building Inspector that parking of cars connected with or visiting the particular use takes place on the street consistently and in appreciable numbers, the Building Inspector may order the surfacing of all or a part of the parking spaces subject to such waiver.

Wherever an off-street parking area of five or more spaces faces a street, a planting area of a minimum width of three feet shall be provided between the parking area and the sidewalk; if none exists, such planting strip shall be provided between the parking lot and the property line facing the street. The planting plan for this strip shall be approved by the Planning Commission as part of the site plan review in accordance with § 185-50 of this chapter.

Except as otherwise provided hereinafter, no parking of any kind, other than that located in driveways, shall be permitted in the required front yard specified for the district involved except by way of a variance waiver from the Zoning Board of Appeals; provided, however, that the Planning Commission may, in its discretion, grant special exceptions to permit parking within the required front yard of a lot having unusual existing conditions relating to its location on a corner, lot size, lot shape, and/or topography or other natural features. Notwithstanding this limited authority to grant special exceptions, the Planning Commission shall be prohibited from exercising its discretion to permit parking within the required front yard in connection with applications for accessory apartment special permits pursuant to Article VII of this chapter. For purposes of this section, a driveway shall be deemed to include only that portion of the defined vehicular accessway between the street line and the required off-street parking area on a lot having a width as specified herein. For a building with a single-car garage, the width of such driveway shall not exceed the permitted driveway apron width specifications, as provided by the Highway Superintendent. For a building with a multicar garage, the width of such driveway may be increased, provided that it does not exceed the combined width of the face of all garages to which it provides access. Such an increase in width for multicar garages may be established only within 20 feet of the face of the garage(s) for the purposes of providing vehicular access to the garage(s) and accommodating on-site circulation, as deemed appropriate and necessary in the judgment of the Building Inspector based upon his or her field inspection. Refer to Appendix I of this chapter for illustration of these requirements.

[Amended 9-25-2017 by L.L. No. 4-2017]

The Planning Commission may, in its discretion, consider and approve, parking lot plans with less than the required number of standard-size parking spaces only when the proposed plan indicates a substitution of the required standard-size parking spaces with spaces to be known as "compact-car parking spaces," measuring not less than seven feet six inches wide by 15 feet long. The discretion granted herein to the Planning Commission may be applied in the following situations:

When a proposed parking plan, utilizing only standard-size parking spaces, fails to achieve the minimum number of parking spaces required, the property owner may substitute compact-car parking spaces to meet the minimum parking requirements on site.

Where a proposed parking plan meets the minimum number of standard-size parking spaces required, a property owner may substitute the standard-size parking spaces with compact-car parking spaces to provide for additional spaces over and above the minimum number of parking spaces required.

Notwithstanding the discretion granted to the Planning Commission, as defined under this section, the total number of standard-size parking spaces shall not be less than 70% of the total number of parking spaces provided.

§ 185-39 Maintenance.

The required number of off-street parking facilities shall be maintained throughout the life of any use or structure which said facilities are designed to serve and, except when dedicated to and accepted by the Village as public parking areas, such spaces shall be reserved for the use of those persons occupying the structure served by the parking facilities.

§ 185-40 Preexisting structures and uses.

Structures and uses in existence or for which a building permit shall have been approved prior to the effective date of this chapter shall not be subject to the off-street parking space requirements set forth in this chapter, provided that any parking facilities now existing and serving such structures or uses shall not, in the future, be reduced below the requirements of this chapter. Any future enlargement or extension of an existing structure or use shall make all structures and uses on such lot subject to the requirements of this section. Except as hereinafter provided, any change in use of an existing structure or lot shall make all structures and uses on such lot subject to the requirements of this section. If, as determined by the Building Inspector, a change in a permitted use of an existing structure or lot located within the Central Business A-1 District, the Central Business A-2 District, the Peripheral Business B District or the Peripheral Business B-1 District will not result in an increase in the number of required parking spaces, said change of use shall not require compliance with the requirements of this section. Required off-street parking facilities which, after development, are dedicated to and accepted by the Village shall be deemed to continue to serve the uses or structures for which they were originally provided.

§ 185-41 Parking, storage and use of commercial vehicles, trailers and recreational vehicles.

Intent. The purpose of this section is to control the parking, storage and use of commercial vehicles, trailers and recreational vehicles within the Village of Pleasantville, New York, by establishing certain guidelines to be followed as set forth herein.

Commercial vehicles and noncommercial trailers. In any residential district enumerated in Article II or Article V of this chapter, not more than one commercial vehicle or noncommercial trailer shall be parked on a lot containing a single-family or two-family dwelling and not more than one commercial vehicle or noncommercial trailer shall be parked outside of a building on a lot containing a multiple dwelling. It shall be unlawful to park a commercial vehicle or a noncommercial trailer in any such residential district, unless it is:

Engaged in the process of making a delivery to a premises in the residential area; or

Engaged in the process of temporarily conducting business relating to a premises in the residential area; or

Weighs no more than 6,000 pounds (unladen) and/or has no more than four wheels, and is located in an enclosed garage; or

(4)

Weighs no more than 6,000 pounds (unladen) and/or has no more than four wheels, and is otherwise suitably screened at all times from abutting residences by landscaping or other alternative buffer treatment, as determined by the Building Inspector. For purposes of this provision, the use of a tarpaulin shall not constitute suitable screening.

Commercial dumpsters. A temporary permit for the placing and use of a commercial dumpster(s) within the right-of-way of a Village street for a period of not more than 30 days may be issued by the Building Inspector. Such permit may be renewed at the discretion of the Building Inspector for additional 30-day periods, up to a maximum total permit term of six months, if work is not completed but is progressing diligently. It is the responsibility of the owner/contractor to place the dumpster(s) in a safe and passable area and to provide safe and adequate light-reflective material or flashing lights warning vehicular/pedestrian traffic of the existing hazard. There shall be a fee for a placement of each dumpster, which shall be as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.

Construction trailers. A temporary permit for the placing and use of a trailer on a lot may be issued by the Building Inspector in connection with any construction for which a building permit has been issued. Such permit shall be for a period of not more than six months but may be renewed at the discretion of the Building Inspector if work on said construction is not completed but is progressing diligently.

Recreational vehicles. No parked or stored recreational vehicle shall be occupied or used for human habitation. No recreational vehicle which is in a state of externally visible disrepair or partial construction shall be parked or stored in any residential district enumerated in Article II or Article V of this chapter. It shall be unlawful to park, store or use a recreational vehicle in any such residential district, unless it is:

Parked or stored within an enclosed building or garage; or

Parked or stored in the rear of and not closer than three feet to any building or structure or to any lot line and suitably screened at all times from abutting residences by landscaping or an alternative buffer treatment other than a tarpaulin, as determined by the Building Inspector; or

Parked or stored for the sole purpose of loading or unloading, but in that case for not longer than a total of six hours in any day.

§ 185-42 Waiver of required parking spaces.

[Added 9-25-2017 by L.L. No. 4-2017]

Notwithstanding the provisions of § 185-19.1. of this chapter, if a municipal parking facility is located within 200 feet of a proposed specified use on a lot in the Central Business A-1 District, the Central Business A-2 District, the Peripheral Business B District or the Peripheral Business B-1 District, and if the Planning Commission deems such facility to be adequate for part or all of the needs of the proposed use, the Planning Commission may waive up to half of the required parking spaces, as follows:

On lots smaller than 5,000 square feet, additional waivers beyond one-half of the required parking spaces may be granted, subject to an in-lieu payment per space, at an amount determined and updated regularly by the Village Board.

On lots 5,000 square feet or larger, any waiver of required parking spaces shall be subject to an in-lieu payment per space, at an amount determined and updated regularly by the Village Board.