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Village of Hastings-on-Hudson, NY
Westchester County
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Table of Contents
Table of Contents
[Amended 6-15-1999 by L.L. No. 3-1999; 1-21-2003 by L.L. No. 1-2003]
A. 
All buildings, structures and land uses hereafter erected, enlarged, moved, created, changed in use or intensity or otherwise substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this chapter to meet the needs of persons occupying or using such buildings, structures or land.
B. 
The plans for any new building or structure or any expansion of an existing building or structure, when submitted for a building permit, shall show specifically the location, size and type of improvements of the off-street parking or loading space required to comply with this chapter, and the means of access to such space from the public streets or highways. Except for individual one- or two-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvement is approved by the Planning Board as part of site plan approval, and the Planning Board has determined that traffic access, traffic circulation and the general layout of the parking facility are properly planned with regard to safety, traffic on the public street and adequacy of access for cars and pedestrians using the parking facility. No certificate of occupancy shall be issued for any building or land use until the required off-street parking and loading facilities have been established.
Required off-street parking facilities that, after development, are later dedicated to and accepted by the Village shall be deemed to continue to serve the uses, buildings or structures for which they were originally provided.
A. 
Buildings, structures and land uses in existence or for which building permits have been approved on the effective date of this chapter shall not be subject to the parking or loading space requirements set forth in this chapter. However, any parking and loading facilities now existing to serve such buildings, structures or uses shall not be reduced, except where they exceed such requirements, in which case they shall not be reduced below those requirements. Required parking and loading facilities for the existing portion of such uses shall, however, be provided at the time of any enlargement of such existing building, structures or uses in the future, unless said building, structures or uses are located in the CC District, in which case the provisions set forth in § 295-24 shall apply.
B. 
It is the policy of the Village of Hastings-on-Hudson to limit the number of driveways and curb cuts accessing off-street parking areas within the CC and MR-C Districts in order to minimize conflicts between pedestrian and motor vehicle traffic. In order to effectuate this policy, the following standards apply:
[Amended 11-19-2013 by L.L. No. 7-2013]
(1) 
A change of use or expansion of an existing use within an existing building, structure or portion thereof, occupying 2,500 square feet gross floor area or less located within or proposed to be located in the CC or MR-C District, shall be exempt from providing off-street parking.
(2) 
The Planning Board may reduce or waive the requirements for off-street parking and loading set forth in § 295-36 of this chapter where it determines that a change of use or expansion of a use within an existing building, structure or portion thereof, occupying more than 2,500 square feet of gross floor area located within or proposed to be located in the CC or MR-C District, will not generate a significant increase in parking demand.
Except for parking spaces accessory to a one- or two-family dwelling, all off-street parking and loading areas shall be developed in accordance with Planning Board site plan approval and Planning Board guidelines.
A. 
Except as permitted by Subsections B and C of this section, required parking and loading spaces shall be provided upon the same lot as the use, building or structure to which they are accessory.
B. 
Off-street parking spaces required for buildings, structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of the lots, provided that a legal instrument, satisfactory to the Village Attorney, assures the continued existence of the parking facility to serve the buildings, structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this chapter.
C. 
Substitution of equivalent parking.
(1) 
Where, for practical difficulties, strict compliance with the minimum off-street parking requirements specified in this chapter cannot be attained on that lot, the Board of Appeals, after notice and hearing and upon recommendation of the Planning Board, may permit the substitution therefor of equivalent off-street parking space on another lot, provided that:
(a) 
The entrance to the substituted parking area is not over 750 feet by normal pedestrian travel from the building or use to which such off-street parking space is to be appurtenant;
(b) 
No point of the substituted parking area is greater than 750 feet from the building or use to which it is to be appurtenant;
(c) 
The parking area is permitted in the district in which it is located; and
(d) 
A legal instrument, satisfactory to the Village Attorney, guaranteeing such continued use is furnished to the Village.
(2) 
If such alternate off-street parking space is authorized, such space may not thereafter be used for any other purpose, unless other alternative space complying with this subsection is substituted therefor and approved by the Planning Board and the Board of Appeals.
A. 
Except as provided in Subsection B, where two or more different uses occur on a single lot, the total amount of off-street parking and loading facilities to be provided shall be the sum of the requirements of each such individual use on the lot.
B. 
The Board of Appeals, upon recommendation of the Planning Board, may approve the joint use of parking space by two or more establishments, the total capacity of which space is less than the sum of the spaces required for each, provided that:
(1) 
The establishments can clearly demonstrate that, by reason of variations in the probable time of maximum use by occupants of such establishments, the parking capacity to be provided will substantially meet the parking demand generated;
(2) 
The establishments provide a legal instrument satisfactory to the Village Attorney that assures the continued existence and use of the joint parking facilities in connection with the uses and establishments they serve;
(3) 
The site plan clearly demonstrates that sufficient space remains for the provision of the total amount of off-street parking required, and the site plan bears such designation;
(4) 
The establishments shall submit written guaranties, satisfactory to the Village Attorney, that any spaces that may have been waived can be constructed within six months after written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed; and
(5) 
Approval of such joint use shall be automatically terminated upon a change of use at any such establishment.
(6) 
Such uses shall be located on the same or adjacent lots, except as provided for in § 295-26C.
C. 
All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking.
A. 
Notwithstanding any other provisions of this chapter, where an off-street parking or loading area in any business or multifamily residence district adjoins a one-family residence district or is adjacent to a street, park or other public open space, there shall be a suitably maintained landscaped strip of a width specified in Subsection C below. Each such landscaped strip shall consist of an evergreen hedge, wall or fence not less than two feet in height, located at the inner edge of the landscaped strip, exclusive of entrances and exits; and in front, or outside, of any such wall or fence there shall be a planting screen of shrubbery not less than four feet in width, at least 1/2 of which shall consist of evergreens not less than two feet in height.
B. 
The shrubbery shall be of sufficient density to conceal, in midsummer of the year succeeding the planting thereof, 25% of the vertical area of the wall or fence. Any portion of the landscaped strip not occupied by shrubbery shall be planted with a good-quality grass seed or permanent plant cover, such as ivy or pachysandra or similar growth, and shall be kept free of trash, suitably watered, except when prohibited in times of drought, and suitably trimmed and maintained. Wherever motor vehicles are to be parked adjacent to the landscaped strip, there shall be a suitable curb or bumper guard, approved as to design and construction by the Building Inspector.
C. 
Minimum widths of landscaped strips shall be:
(1) 
Along a street frontage, except as to entrances and exits: 10 feet.
(2) 
Along any boundary abutting directly on a residence district, except as specified below: 10 feet.
(3) 
Along any boundary of a multifamily residence use, the adjacent portion of which is used for the parking of passenger vehicles or for access and turning areas appurtenant thereto: five feet.
(4) 
The Planning Board may require that trees be planted within said landscape strip, provided said trees shall not impede sight lines therefrom. The species and spacing of said trees shall be determined by the Planning Board.
A. 
Each parking space shall be at least nine feet wide and 18 feet long. If this space is enclosed, the Planning Board may require the size of the space to be increased for maneuverability.
B. 
Backup and maneuvering aisles between rows of parking spaces shall be 25 feet wide, except that in areas with angled parking spaces, the Planning Board may approve a lesser width, provided that it is adequate and appropriate. Where such aisles are also needed to carry traffic to and from other portions of the parking area to the street, the Planning Board may require the width of the aisles to be at least 35 feet.
C. 
Where parked vehicles will overhang landscaped islands, the Planning Board may reduce the required length of the parking spaces by not more than the amount of the overhang, which shall not exceed two feet.
Notwithstanding the provisions of § 295-29:
A. 
Parking spaces required for single-family and two-family dwellings may be reduced in width to eight feet and may be provided in an accessory garage or carport or in a driveway not less than eight feet nor more than 24 feet in width or in a combination thereof, but may not encroach upon any required yard and in any event may not be less than five feet from any side or rear lot line.
B. 
Parking spaces required for any business use or for multifamily dwellings or for accessory uses permitted thereto shall be paved and clearly marked. Except in the CC and MR-C Districts, no parking space accessory to such uses shall encroach on any required yard and in any event shall not be closer than 10 feet to any side or rear lot line.
C. 
Parking spaces for all other uses shall be nine feet in width, paved and clearly marked and, except in the CC and MR-C Districts, may not encroach on any required yard.
D. 
Off-street parking spaces required for any use or structure within the CC or MR-C Districts shall be located in the rear yard or within the structure.
Required off-street parking facilities may be enclosed in a structure, or may be open, except as required specifically herein or by the Planning Board in site plan review. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
In addition to any landscaping otherwise required by this chapter, all off-street parking areas containing 20 or more parking spaces shall be curbed, and at least 10% of the total parking area shall be landscaped with trees, shrubs and other plant materials. At least one tree, not less than 15 feet in height at the time of planting, shall be provided within the parking area for each 10 parking spaces. Such trees and landscaped areas shall be arranged and designed in such a way as to provide vertical definition to major traffic circulation aisles and to entrances and exits, and shall be of such type and location as will provide the maximum of shade without interfering with sight lines or impeding the safe flow of traffic. The type, size, amount and location of all such landscaping shall be subject to the approval of the Planning Board.
In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas by way of access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Village Attorney, binding the owners and their heirs and assignees to permit and maintain such internal access, circulation and interuse of parking facilities by the users of the facilities.
In all off-street parking areas containing 20 or more parking spaces, adequate provision shall be made for the storage of snow, with a minimal loss of parking capacity. The location of such snow storage areas shall be indicated on the site plan and shall be compatible with the storm drainage system.
Commercial vehicles with less than a three-fourths-ton capacity may be parked in a residential district, provided that the vehicle shall be parked entirely within a closed garage. Commercial vehicles with a three-fourths-ton capacity or greater shall not be parked in any residential district.
A. 
The number of off-street parking spaces shall be determined by reference to the following schedule. (When the computation of required parking spaces results in the requirement of a fractional space, any fraction over 1/2 shall require one space):
[Amended 12-17-2019 by L.L. No. 14-2019]
Use
Minimum Off-Street Parking
Animal hospital or veterinary office
1 space for each employee, plus 1 space for each 350 square feet of gross floor area
Artist studio
1 space for each employee and artist, plus 1 space for each 400 square feet of gross floor area
Banking office
10 spaces, plus 5 additional spaces for each person in excess of 2 acting as tellers, plus 4 waiting spaces for each drive-in window
Bed-and-breakfast
2 spaces, plus 1 additional space per guest bedroom
Boat, yacht, swim, tennis, golf or country club
1 space for each 3 members, plus 1 space for each employee per shift
Bowling alley
4 spaces for each bowling lane
Club, other than boat, yacht, swim, tennis, golf or country club
1 space for each club member, plus 1 space for each employee
Funeral home
1 space for each employee, plus 1 space for each 50 square feet of gross floor area assembly rooms, plus 1 space for each commercial vehicle to be garaged on the site
Hospital, nursing home, active adult/independent living housing, assisted living housing, continuum of care facility
1 space for each 2 beds, plus 1 space for each employee, plus 1 space for each nonemployee medical practitioner or technician regularly practicing in the facility
Library, museum or art gallery
1 space for each employee, plus 1 space for each 400 square feet of gross floor area
Light industry, general industry or manufacturing facility
1 space for each commercial vehicle garaged on lot, plus the greater of 1 space for each employee or 1 space for each 300 square feet of gross floor area
Marina
2 spaces for each mooring slip (excluding mooring slips used by members of any boat or yacht club owning the marina), plus 1 space for each 2 employees
Medical or dental office (other than accessory to residential use)
4 spaces for each practitioner, plus 1 space for each employee
Mixed-use building
The requirement for a mixed-use building shall be the sum of the spaces required for each individual use contained within the building. A residential use shall meet the parking standards for multifamily dwellings set forth herein.
Motel or hotel
1 space for each guest sleeping room or suite, plus 1 space for each employee
Motor vehicle sales and service, fishing marine supply, repair garage or outdoor sales or storage facility
1 space for each employee, plus 1 space for each 150 square feet of gross floor area
Multifamily dwelling
1 1/4 space per studio/ efficiency unit; 1 1/2 space per 1-bedroom unit; 1 3/4 space per 2-bedroom unit; 2 spaces per 3-or-more bedroom unit.
Office for business or professional use (other than medical or dental office or office accessory to residential use)
1 space for each 250 square feet of gross floor area, or the sum of 2 spaces for each tenant, plus 1 space for each employee, whichever is greater
One- and two-family dwellings
2 spaces for each dwelling unit
Place of worship, theater, auditorium, athletic field, gymnasium, other public building or other assembly
One space for each 3 seats or pew spaces, plus 1 space for each 500 square feet of floor space used for public assembly; in places without seats, 1 space for each 100 feet of public space used for public assembly (a pew space shall be considered to be 20 inches wide)
Professional office or home occupation permitted in a residential district, including rectory, parsonage, or office accessory to a place of worship
In addition to space required for residential and other permitted uses, 4 spaces for each medical or dental practitioner, 3 spaces for each practitioner of any other permitted occupation, plus 1 space for each employee
Public utility substation
2 spaces
Research office or laboratory
1 space for each employee or 1 space for each 400 square feet of gross floor area, whichever is greater
Restaurant or other place serving food or drink
1 space for each employee per shift, plus the greater of 1 space for each 4 seats or 1 space for 100 square feet of gross floor area
Retail or personal service business or establishment
1 space for each 200 square feet of gross floor area
Roomers or boarders
In addition to spaces required for the principal residential use and other permitted uses, 1 space for each roomer or boarder
School or day nursery
1 space for each employee, plus 1 space for each 12 pupils
Warehouse, wholesale storage, facility, utility, printing plant, ice plant or other similar commercial use
1 space for each commercial vehicle garaged on the lot, plus the greater of 1 space for each employee or 1 space for each 1,000 square feet of gross floor area
B. 
With respect to any building, structure or use for which the required parking spaces are not specifically set forth in this chapter, and upon recommendation of the Planning Board, the Board of Appeals shall determine the number of off-street parking spaces required, which number shall bear a reasonable relation to the minimum off-street parking requirements for specified uses as set forth in the above schedule.
C. 
On application by the owner or lessee, or, upon recommendation by the Planning Board in the course of site plan review and after due notice and hearing, if the Board of Appeals shall find that the minimum off-street parking space specified for any use by this chapter is, in a particular case, in excess of the number required to comply with the above schedule, the Board of Appeals may in such case, and subject to such conditions as it may impose, waive temporarily the construction of such number of units so found to be in excess of those so required, but the land necessary to provide the parking units, temporarily waived, and the access and turning areas appurtenant thereto shall not be built upon, but shall be kept available for the construction of the required parking units, temporarily waived. The Board of Appeals shall have power, after notice and hearing, to rescind such waiver when, in its judgment, the public interest so requires.
D. 
Upon recommendation of the Planning Board and in order to preserve the historical or aesthetic character of the lot or the surrounding neighborhood, the Zoning Board of Appeals may, without a showing of practical difficulties or unnecessary hardship, reduce by not more than 30% the number of off-street parking spaces required by this chapter, provided that such reduction shall be consistent with §§ 295-2 and 295-3 above.
E. 
Within the CC and MR-C Districts, a restaurant or retail use with a gross floor area of 2,500 square feet or less shall be exempt from providing off-street parking spaces as required by this chapter.
[Amended 3-5-2013 by L.L. No. 3-2013]
Required off-street parking facilities and related landscaping shall be maintained as long as the use, building or structure exists that the facilities are designed to serve. Such maintenance shall include, without limitation, prompt removal of snow, leaves and refuse. Required parking areas developed for specific structures and uses shall be reserved at all times for those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Village as public parking areas.
A. 
Size of loading spaces.
(1) 
Each off-street loading space shall be at least 15 feet in width, 45 feet in length and 14 feet in clear height, exclusive of access and turning areas, except as permitted in Subsection A(2), (3) and (4) below.
(2) 
Each off-street loading space for a funeral home shall be at least 10 feet in width, 20 feet in length and 7 1/2 feet in clear height.
(3) 
If the Planning Board determines that, because of the nature of the particular use or uses served, fifteen-foot-by-forty-five-foot-by-fourteen-foot spaces are not required, it may permit reduction of loading space size to not less than 12 feet in width, 30 feet in depth and 14 feet in height.
(4) 
All loading spaces shall be within the principal structure or within a side or rear yard, or within one of two or more access drives to a required parking area, or within a single drive having a paved or unobstructed width of at least 25 feet.
B. 
Required number of loading spaces.
(1) 
The number of off-street loading spaces shall be determined as follows:
(a) 
For retail and/or service business establishments, a minimum of one space for the first 6,000 square feet or part thereof, plus one space for each additional 8,000 square feet of gross floor area or part thereof.
(b) 
For office or office and research establishments, a minimum of one space for the first 10,000 square feet of gross floor area or part thereof, plus one space for each additional 15,000 square feet of gross floor area or part thereof.
(c) 
For wholesale business, manufacturing, industry, storage, warehouse and other commercial establishments, a minimum of one space for each 5,000 square feet of gross floor area or part thereof for the first 15,000 square feet and one space for each additional 20,000 square feet of gross floor area or part thereof.
(d) 
For funeral homes, one loading space for each chapel.
(2) 
The number of off-street loading spaces for uses that do not fall within the categories listed above shall be determined by the Planning Board and established in site plan review and approval.