[Amended 6-23-2009 by L.L. No. 1-2009; 12-8-2015 by Ord. No. 233-2015]
The purpose of this article is to prevent or alleviate the congestion of the public streets and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking, loading and unloading of motor vehicles and bicycles in accordance with the use of the property. All structures and uses shall be provided with a sufficient amount of off-street parking and loading spaces for employees, residents, visitors, clients, patrons, deliverers and other persons at the location of such structures or uses, but not less than the minimum requirements of this chapter. No certificate of occupancy shall be issued for any structure or use, whether for a new structure or a change of use of an existing structure, until all required off-street parking and loading spaces have been established in accordance with this chapter. The continued operation of such facilities in accordance with the requirements of this chapter shall be required as a condition of the continued validity of the certificate of occupancy. In the event of any conflict between Article XIV and the provisions in the Downtown Overlay Zone, the provisions of the Downtown Overlay Zone shall prevail.
[Amended 1-15-2002 by Ord. No. 19-2002; 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 1-20-2004 by Ord. No. 16-2004; 7-20-2004 by Ord. No. 165-2004; 12-14-2004 by L.L. No.
12-2004; 2-15-2005 by Ord. No. 42-2005; 3-15-2005 by Ord. No.
61-2005; 5-19-2005 by Ord. No. 118-2005; 6-14-2005 by L.L. No.
2-2005; 3-21-2006 by L.L. No. 2-2006; 11-21-2006 by Ord. No. 257-2006; 7-17-2007 by Ord. No. 182-2007; 6-17-2008 by Ord. No. 133-2008; 4-13-2009 by Ord. No. 71-2009; 6-15-2010 by Ord. No. 103-2010; 12-14-2010 by Ord. No. 205-2010; 7-19-2011 by Ord. No. 135-2011; 10-16-2012 by Ord. No. 171-2012; 4-17-2014 by Ord. No. 69-2014; 5-20-2015 by Ord. No. 114-2015; 5-20-2015 by Ord. No.
117-2015; 12-8-2015 by Ord. No. 233-2015; 3-15-2016 by Ord. No. 75-2016; 11-15-2016 by Ord. No. 233-2016; 1-16-2018 by Ord. No. 14-2018; 7-17-2018 by Ord. No.
2018-159; 10-16-2018 by Ord. No. 2018-209; 10-16-2018 by Ord. No. 2018-215; 11-16-2021 by Ord. No.
2021-164]
The schedule of off-street parking and loading space requirements presents the minimum parking space and loading space requirements of this chapter. Where there is more than one use, the minimum requirements shall be cumulative for all uses, except where shared use of parking or loading spaces is permitted by the approving agency pursuant to Subsection A, Subsection G or Subsection H herein. For uses that do not fall within the categories listed, or for uses where no minimum number of spaces is specified, the Building Official or designated representative shall recommend to the Planning Board minimum parking and loading space requirements based upon the specific nature of the proposed facility or use, and the Planning Board shall establish the requirements on that basis. Required spaces developed for specific structures and uses shall be reserved at all times to persons who are employed at or make use of such structures and uses, except where such parking spaces are dedicated to and accepted by the City of New Rochelle as public parking, where arrangements for shared use are made pursuant to Subsection A, Subsection G or Subsection H below, or where a development is built under the provisions of Article XXII of this code.
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Off-Street Parking and Loading Space Requirements
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Use
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Minimum Number of Parking Spaces
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Minimum Number of Loading Spaces
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Residential
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1-family dwelling
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2 per dwelling unit
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2-family dwelling
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2 per dwelling unit
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Multifamily dwelling
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1.25 per dwelling unit, plus .25 for each bedroom; in the CPA1 District, 1.0 per dwelling unit
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1, which may be utilized for parking within requirements of
the Zoning Chapter. Area shall be designated on site plan as to size
and height, and its feasibility shall be acceptable to the Building
Official.
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Attached dwelling unit, townhouse
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In other than the PUD-AH District or the CPA1: 1.25 per dwelling unit, plus 0.4 per bedroom; in the PUD-AH District:
1 per dwelling unit; in the CPA1: 1 per
dwelling unit
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Bed-and-breakfast
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In addition to residential component, 1 per each room rented
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Rooming house
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1 per 2 guest rooms
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Senior citizen housing
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In other than the PUD-AH District: 0.06 per dwelling unit; 0.4
for publicly assisted senior citizen housing; in the PUD-AH District,
for multifamily senior citizen assisted-living residences: 0.3 per
dwelling unit; in the PUD-AH District, for medical support facilities:
1 per 350 square feet of gross floor area
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Independent living residences
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In the CPA1: 0.5 per dwelling unit;
elsewhere: 0.65 per dwelling unit
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Adult care facilities
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In the CPA1: 0.20 per bed
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Athletic facilities accessory to private school, university
or college
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1 per 10 seats
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Beach club
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1 per 3 seats in area(s) of public assembly and 1 per 100 square
feet for other uses (conference room, manager's office, etc.)
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Billiard hall
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1 per billiard or pool table
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Bowling alley
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In CPA1: 2 per lane; elsewhere: 4
per lane
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Club, golf
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1 per 3 seats in area(s) of public assembly and 1 per 100 square
feet for other uses (conference room, manager's office, etc.)
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Commercial indoor recreation facility and health club
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In CPA1: 1 per 350 square feet of
GFA; elsewhere: 1 per 200 square feet of GFA
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Up to 10,000 square feet: 1; for each additional 100,000 square
feet or major portion thereof: 1 additional
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Golf driving range
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1 per tee
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Indoor wall or rock climbing facility
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In CPA1: 1 per 350 square feet of
GFA; elsewhere: 1 per 250 square feet of GFA
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0 to 10,000 square feet: none; 10,000 to 100,000 square feet:
1; for each additional 100,000 square feet or major portion thereof:
1 additional
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Marina
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1 per 200 square feet of GFA (not used for storage), plus 1.0
per slip
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At least 20% of the parking spaces required shall be 9.5 feet
by 35 feet in size to accommodate cars with trailers, except when
the marina is accessory to multifamily dwelling and no boat-launching
facility is provided, where no such loading space parking shall be
required
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Skating rink
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1 per 1,000 square feet of rink area
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Squash, handball, racquetball and similar courts
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In CPA1: 1 per court; elsewhere:
2 per court
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Tennis courts
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In CPA1: 2 per court; elsewhere:
4 per court
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Theaters
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In CPA1: 1 per 5 seats; elsewhere:
1 per 3 seats
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Semipublic
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Church or other places of worship
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1 per 5 seats in the sanctuary, and for additional accessory
areas and/or uses, parking shall be provided as set forth in this
chapter
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College or university
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1 for each faculty member, plus 1 per 3 employees, plus 1 per
each 3 students not residing on campus
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Congregate care facility, domiciliary care facility
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0.45 per bed
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0 to 30 beds: none; 31 to 100 beds: 1; 101 to 200 beds: 2; over
200 beds: 3
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Hospital
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1.25 per bed, plus 1 per 400 square feet of GFA of any outpatient
clinic
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1 per 100,000 square feet of GFA or major portion thereof
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Group home
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1 per 5 residents, plus 1 per employee
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Student Residences
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In CPA1: 1 per 3 student resident
beds
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Civic/Institutional use
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In CPA1: 1 per 500 square feet of
GFA
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Community Facilities
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Library
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In CPA1: 1.3 per 1,000 square feet
of GFA; elsewhere: 3.3 per 1,000 square feet of GFA
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Schools
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Nursery and day care
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In other than CPA1: 1 per 4 children,
plus 1 per employee; in CPA1: 1 for every
2 employees
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Elementary (Grades K-8)
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1 for each faculty member, plus 1 per each 3 staff members and
1 per each 30 students
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Secondary (Grades 9-12)
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1 for each faculty member, plus 1 per each 3 staff members and
1 per each 10 students
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Commercial
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Adult-oriented business
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1 per 3 seats or 6 per 1,000 square feet of GFA, whichever is
greater
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Animal hospital
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In CPA1: 1 per 500 square feet of
GFA; elsewhere: 1 per 350 square feet of GFA
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Greater than 5,000 square feet: 1
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Bank
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6 per 1,000 square feet of GFA, plus 5 queuing spaces per drive-up
window
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Bar, cabaret and nightclub
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1 per 3 seats or 6 per 1,000 square feet of GFA, whichever is
greater
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Clinical laboratory
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1 per employee, plus 1 per commercial vehicle kept on the lot,
but not less than 1 per 500 square feet of GFA
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0 to 5,000 square feet: none; 5,000 to 75,000 square feet or
major portion thereof; 1 additional
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Car wash
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6 queuing spaces per bay, plus 0.80 per employee
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Convenience store
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1 per 100 square feet of GFA
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Funeral parlor
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For assembly rooms: 1 per 100 square feet of GFA or 1 per 3
seats, whichever is greater, plus 1 per commercial vehicle kept on
the lot
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1 for each hearse
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Hotel
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Within the CPA1: 0.8 per guest room,
plus additional spaces as required for other uses; elsewhere: 1 per
guest room, plus additional spaces as required for other uses
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1 for the first 100 units, plus 1 for each additional 100 units
or major portion thereof, plus additional spaces as required for other
uses
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Martial arts studio, dance studio and aerobic exercise studio
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1 per 150 square feet of GFA
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1 to 5,000 square feet: none; 5,000 to 15,000 square feet: 1
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Motor vehicle dealership
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Sales: 1 per 300 square feet of GFA; service: 5 for the first
service bay and 2 per every service bay thereafter; in the C-1M Zone,
5 for each service bay; 1 per 2 employees
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1 a minimum of 50 feet in length is required
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Motor vehicle filling station
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1 per pump island, plus 5 per service bay
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Motor vehicle rental agency
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1 per 100 square feet of GFA in addition to spaces required
for the storage of vehicles for rent
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Motor vehicle service and/or body repair facility
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5 for the first service bay and 2 for every bay thereafter
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Office: business, professional, governmental
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In CPA1: 1 per 400 square feet of
GFA; elsewhere: 1 per 250 square feet of GFA
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0 to 5,000 square feet: none; 5,000 to 75,000 square feet or
major portion thereof: 1 additional
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Office: medical/dental
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In CPA1: 1 per 350 square feet of
GFA; elsewhere: 1 per 250 square feet of GFA
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Office: in residence of professional person
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2, plus spaces required for residence
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Restaurant and catering halls
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1 per 3 seats or 1 per 150 square feet of GFA, whichever is
greater
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Restaurant, carry-out
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Same as above
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Restaurant, fast-food
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1 per 80 square feet of GFA
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Retail laundry or dry cleaner
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2.5 per 1,000 square feet of GFA
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Retail, national brand establishment
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In CPA1: 1 per 400 square feet of
GFA; elsewhere: 1 per 250 square feet of GFA
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0 to 5,000 square feet: none; 5,000 to 15,000 square feet: 1;
15,000 to 30,000 square feet: 2; 30,000 to 60,000 square feet: 3;
60,000 to 100,000 square feet: 4; each additional 50,000 square feet
or major portion thereof: 1 additional
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Retail, store, shop, and personal service establishments
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In CPA1: 1 per 400 square feet of
GFA; elsewhere: 1 per 250 square feet of GFA
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0 to 5,000 square feet: none; 5,000 to 15,000 square feet: 1;
15,000 to 30,000 square feet: 2; 30,000 to 60,000 square feet: 3;
60,000 to 100,000 square feet: 4; each additional 50,000 square feet
or portion thereof for other than retail use occupying a total of
not less than 140,000 square feet of GFA in the DMU District: 1 additional;
each additional 100,000 square feet or portion thereof of retail use
occupying a total of not less than 140,000 square feet of GFA in the
DMU District, as determined by the Planning Board in connection with
site plan approval
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Accessory to multifamily residential development
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1 per 1,000 square feet of GFA
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Retail, large-scale
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In CPA1: 1 per 400 square feet of
GFA; elsewhere: 1 per 200 square feet of GFA
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Same as above
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Retail, membership club
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In CPA1: 1 per 400 square feet of
GFA; elsewhere: 1 per 250 square feet of GFA
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Same as above
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Industrial
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Light industrial
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0.80 per employee, plus 1 per commercial vehicle kept on the
lot, but not less than 1 per 1,000 square feet of GFA
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From 0 to 25,000 square feet: 1; from 25,001 to 40,000 square
feet: 2; from 40,001 to 60,000 square feet: 3; from 60,001 to 100,000
square feet: 4; for each additional 50,000 square feet or major portion
thereof: 1
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Self-storage facility
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1 per 100 storage units
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1 per 500 storage units
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Manufacturing, fabrication, finishing or assembling of products
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0.80 per employee, plus 1 per commercial vehicle kept on the
lot, but not less than 1 per 1,000 square feet of GFA
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Same as above
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Wholesale business, storage, distribution, or warehousing
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0.80 per employee, plus 1 per commercial vehicle kept on the
lot, but not less than 1 per 2,000 square feet of GFA
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Same as above
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NOTES:
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1CPA: Central Parking Area (See Zoning Map and § 331-126H for eligibility.)
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A.
Shared use of parking. The total number of off-street
parking and loading spaces required shall be the sum of the requirements
for each individual use, except that such total may be reduced in
mixed-use districts by the Planning Board where the applicant demonstrates
to the satisfaction of the Board that the capacity of the facility
will satisfy the purposes of this chapter by reason of variation in
the probable time of maximum use by residents, visitors, patrons,
deliverers and/or employees as well as use of certain alternative
modes of transportation.
(1)
The applicant may submit a Parking Management Plan by using the standards provided in the most recent edition of Shared Parking published by the Urban Land Institute and other supporting nationally and locally recognized standards to demonstrate to the Planning Board the maximum parking demand required for each development. Where two or more uses on the Site or Off-Site locations complying with § 331-126A are able to share the same parking spaces because their parking demands occur at different times, the same parking spaces may be counted to satisfy the off-street parking requirements for each use upon the approval of a Parking Management Plan by the Planning Board. Applications for a Parking Management Plan approval shall include:
(a)
The names and addresses of the uses and of the
owners or tenants who will share the parking.
(b)
The location and number of parking spaces to
be shared.
(c)
An analysis showing that the peak parking times
of the uses occur at different times and that the parking area will
be large enough for the anticipated demands of all uses as prepared
by a parking consultant or traffic engineer.
(d)
A legal instrument, such as a lease, easement or deed restriction,
that guarantees the parking will be provided on site or off site so
long as the associated uses remain, and access to the parking for
multiple uses according to an approved Parking Management Plan, which
shall be submitted to the Corporate Counsel of the City for review
and approval. No parking spaces to be shared shall be reserved or
allotted to any individual.
(2)
Approval of Shared Parking: The Planning Board
may grant an application for shared parking associated with a Parking
Management Plan if it finds that:
(a)
The analysis provided presents a realistic projection
of parking demands likely to be generated.
(b)
Peak demand is sufficiently distinct so that
the Planning Board is able to clearly identify a number of spaces
for which there will rarely be an overlap of parking demand.
(c)
Rights to the use of spaces are clearly identified
so as to facilitate enforcement.
B.
Limitations on reserved spaces. No more than 10% of
the minimum required off-street parking spaces designed to serve nonresidential
uses and no more than one space per dwelling unit in multifamily residential
developments shall be permitted to be reserved for the exclusive use
of individual dwelling units, persons and/or business establishments.
Limitations on reserved spaces do not apply to parking spaces provided
in excess of the minimum requirements of this chapter.
C.
Limitations on leasing. All spaces required to serve the principal use shall not be leased to serve other uses, unless a valid special permit has been issued for valet operations on a site. Developments built under the provisions of Article XXII of this code shall not be subject to this provision.
D.
Effect on existing structures and uses. Structures
and uses legally in existence or for which building permits have been
issued prior to the effective date of this chapter shall not be subject
to the parking or loading space requirements of this chapter, provided
that any parking and loading facilities existing or approved to serve
such structures or uses shall not in the future be reduced or redesignated
to serve other structures or uses, except to the extent that they
exceed such requirements. At the time of any enlargement, change or
expansion of existing structures or uses in the future, the following
requirements shall apply:
(1)
Required parking and loading facilities for that part
of the structure or use which constitutes an enlargement or expansion
shall be provided in accordance with all requirements of this chapter.
(2)
To the maximum extent deemed feasible and reasonable
by the Planning Board, during site plan review and approval, parking
and loading facilities shall also be provided to serve the existing
portion of such structure or use that does not conform to all parking
and loading space requirements of this chapter.
(3)
At the time of any change of use which would result
in an increased off-street parking or loading space requirement, the
additional parking and loading spaces so required shall be provided
in accordance with all applicable requirements of this chapter.
(4)
The provisions in § 331-126D(1) through (3), regardless of use, shall not apply to existing commercial spaces with less than 3,000 square feet of gross floor area, and an occupancy that does not exceed 49 people. Any applicant seeking reductions pursuant to this section of the Code shall satisfy the requirements specified in § 331-115.5 of the Code.
[Amended 5-18-2021 by Ord. No. 2021-63]
E.
Alternate methods of complying with parking and loading
requirements.
(1)
Parking requirements as provided in this chapter may otherwise be satisfied for any new construction, new use or change of use where the nearest entrance of such new construction, new use or change of use is located within 1,350 feet, measured along public streets, of a municipal parking garage or a municipal parking lot, and where the applicant demonstrates that such garage or lot can accommodate the required parking for such new construction, new use or change of use, by submission of proof based upon available permit spaces and lot usage, which submission shall be reviewed by the City official responsible for municipal parking facilities. Where it is determined that the required parking cannot be accommodated, then the applicant shall either seek a variance from the Board of Appeals on Zoning or otherwise provide the required parking. Notwithstanding the foregoing, within the Central Parking Area, as shown on the Zoning Map and further defined in § 331-126H, no new residential construction, new residential use, or change of use to residential, which includes any dwelling unit including living/loft use, shall be eligible to have its parking requirements satisfied by the provisions of this Subsection E(1) except pursuant to the residential fee-in-lieu procedure set forth in Subsection H(6) below.
(2)
(Reserved)
(3)
Alternate locations. Required off-street parking facilities
shall be provided on the same lot with the structure or use which
they serve, except as follows:
(a)
The Planning Board may allow all or part of
the parking spaces required to serve structures or uses to be located
on any lot entirely within 500 feet of the structures or uses to be
served, provided such parking is a lawful use in the district in which
it is to be located and further provided that the Planning Board determines
that it is impractical to provide parking on the same lot with the
structures or uses being served.
(b)
In any H, RMF-SC-4.0, or NA District, the required
parking spaces may be provided on any lot within 500 feet of the structures
or uses to be served.
(c)
Where the Planning Board approves the location
of such parking spaces on a lot different from the lot occupied by
the structure or use served, the Planning Board shall require a legal
instrument, in form and filing satisfactory to the Corporation Counsel,
assuring the continued use of said parking spaces in connection with
the uses or structures served and recorded in the Westchester County
Land Records in the County Clerk's office.
(d)
This section shall not apply to off-street parking being addressed through Article XXI or § 331-54.2C(3) of this Code.
(4)
Parking in the front yard contiguous to side yard.
In all one- and two-family zoning districts, parking of a maximum
of two registered private passenger vehicles may be located within
a paved driveway constructed in accordance with a valid building permit,
which is located within that portion of the front yard immediately
contiguous to and an extension of a garage which is integral with
the residence structure and has its entrance door within the front
wall thereof; or that portion of the front yard immediately contiguous
to and an extension of either side yard but not closer than six feet
to the nearest side lot line.
(5)
Parking in the front yard. In all one- and two-family
zoning districts, the Building Official may allow a parking area for
a maximum of two registered private passenger vehicles within a front
yard, provided the following conditions are satisfied:
(a)
The topography of the lot is such that there
is no vehicular access to any alternative location.
(b)
The parking spaces shall cover no more than
50% of the front yard nor exceed 400 square feet in size.
(c)
There is insufficient area within the side and/or
rear yards to locate the parking spaces.
(d)
The parking spaces shall be used solely by the
residents of the dwelling on the same lot as the residence.
(e)
All parked vehicles shall be a minimum of five
feet from the frame of the residence.
(6)
Off-street parking adjacent to nonresidence districts.
Off-street parking may also be permitted on a lot in an RMF Residence
District, subject to the issuance of a special permit by the Planning
Board and subject to compliance with the following special standards
and requirements:
(a)
Such parking shall be permitted only on a lot
immediately adjacent to, or directly across the street from, a nonresidence
district and only when located entirely within 250 feet of the structures
or uses served.
(b)
Such parking shall be limited to locations which
do not require traffic to pass through residential neighborhoods prior
to entering or exiting the facility.
(c)
All points of vehicular ingress and egress to
such parking shall be located either within the nonresidence district
or directly across the street from the nonresidence district.
(d)
The hours of operation, exterior lighting, signage, fencing, landscaping and/or screening (in accordance with § 331-119B[1] of this chapter) along street frontages and adjacent residential
property lines, shall all be subject to such requirements as may be
imposed by the Planning Board to protect neighboring residential properties
and uses.
(7)
Loading facilities. Required off-street loading facilities
shall be provided on the same lot with the structure or use which
they serve. However, the Planning Board may allow off-street loading
spaces to be located within the building being served, provided that
the applicant demonstrates to the satisfaction of the Planning Board
that such spaces shall be permanently available for their intended
purpose.
(8)
Parking of commercial vehicles. Where commercial vehicles
are proposed to be parked overnight on a nonresidential property,
the following requirements shall apply:
(9)
Parking of taxicabs and livery vehicles in driveways.
Pursuant to the authority set forth in § 181 of the General
Municipal Law, livery vehicles in excess of 220 inches and taxicabs
shall not be parked in driveways.
F.
Off-street private passenger car parking in residential
districts. Off-street parking spaces (whether open or enclosed) in
residential districts shall be restricted to the parking of private
passenger cars.
G.
Other Parking Credits.
(1)
Nonreserved Parking: For a residential development that has
50 or more parking spaces, the applicant is eligible for a parking
reduction of up to 10% if none of the residential spaces are reserved
or assigned to any individual. This credit is subject to approval
by the Planning Board based upon a parking study.
(2)
Car Share Parking: For parking facilities of 50 spaces or more
(related to any use), the applicant can get a credit of three conventional
parking spaces for every shared car (e.g., zip car) parked on site.
This credit is subject to a maximum of 15% of the total parking requirement
and subject to Planning Board Approval based upon a parking study.
H.
Parking within the Central Parking Area.
(1)
Eligibility: Only those developments that are a) located within the Downtown Overlay Zone and b) fulfill the minimum requirements of the Downtown Overlay Zone are eligible to utilize the parking standards of the Central Parking Area defined in § 331-126H.
(2)
Potential Reductions of Required Parking Spaces. In the Central Parking Area, as set forth in § 331-126H(1) above, where applicants can demonstrate that certain additional off-street parking space reductions are justified, the minimum number of parking spaces required to be provided by an applicant seeking Site Plan approval may be reduced. The following parking space reductions from the total requirements may be granted by the Planning Board where an applicant demonstrates to the Board the following parking reductions are justified:
(a)
Nonreserved Parking:
[1]
For parking facilities of greater than 50 spaces, applicants
are eligible for a parking reduction of up to 10% where 100% of residential
parking is not reserved or dedicated for individuals or groups.
[2]
For parking facilities of greater than 50 spaces, applicants
are eligible for a parking credit of up to 5% where 75% of residential
parking is not reserved or dedicated for individuals or groups.
[3]
All such reductions are at the discretion of the Planning Board.
(b)
Attendant and Valet Parking:
[1]
For parking facilities of greater than 50 spaces and offering
attendant parking facilities operated at least 16 hours per day, a
parking reduction of up to 15% shall be available at the discretion
of the Planning Board.
[2]
Parking facilities designed exclusively for use by attendant
parking facilities may be designed to permit tandem parking and other
compact parking formats.
(3)
After considering all parking reductions permitted in § 331-126A(1) and H(2) above, in no event shall the total required parking be reduced by more than (i) 50% in DO-1 and DO-2 or (ii) 30% in DO-3, DO-4, DO-5 and DO-6 below the base requirements established in § 331-126, Schedule of Off-Street Parking and Loading Space Requirements.
(5)
Mechanical Parking.
(a)
Applicants seeking to utilize mechanically assisted parking
facilities must demonstrate to the satisfaction of the Planning Board
that safety, operational and dimensional design considerations have
been met to receive permission to use this alternate parking facility
type.
(6)
Fee-In-Lieu within the Central Parking Area.
(a)
Where an applicant seeks to reduce the required number of off-street parking spaces within the Central Parking Area, the applicant shall pay a fee-in-lieu to the applicable parking agency according to a fee schedule established by the City Council in Chapter 133, Fees.
(b)
The fee schedule shall establish a one-time fee-in-lieu payment
as well as an annual fee-in-lieu payment.
(c)
The fee-in-lieu payments, including one-time and ongoing fees,
applicable to a specific site plan application shall be established
at a site plan approval and shall remain in place according to a fixed
schedule of payments.
(d)
The fee-in-lieu payments shall be dedicated to:
[1]
Construction and operation of shared parking facilities.
[2]
Construction and operation of transit facilities or a transit
service that will reduce the demand for parking in the downtown.
[3]
General infrastructure improvements to facilitate new development
projects providing on-site parking in the Central Parking Area.
(e)
The Department of Development may accept such fees to replace a portion of the required parking spaces which will not be provided on site; however, in no case shall the reduction of parking exceed the standard established in § 331-126H(3). Where appropriate, the Department of Development may require the submission of studies and plans by the applicant demonstrating that practical considerations preclude the provision of such parking spaces on site.
[Added 6-23-2009 by L.L. No. 1-2009]
A.
Applicability. Off-street bicycle parking facilities shall be provided
for any structure or use requiring site plan approval, pursuant to
the following requirements.
B.
Bicycle Parking Spaces or Bicycle Lockers Required.
(1)
For Multifamily Dwellings and Attached Dwelling Units containing
10 or more dwelling units on a Building Lot, a minimum of one bicycle
parking space or bicycle locker shall be provided for each 10 dwelling
units except that in no event shall fewer than two bicycle parking
spaces or bicycle lockers be provided on such Lot.
(2)
For mixed uses and all nonresidential uses requiring 10 or more
motor vehicle parking spaces on a Building Lot, one bicycle parking
space or bicycle locker shall be provided for each 10 required automobile
parking spaces, except that in no event shall fewer than two bicycle
parking spaces or bicycle lockers be provided on such Lot.
(3)
Where not more than two bicycle parking spaces or bicycle lockers
are provided, a single inverted U-frame rack shall be acceptable,
provided adequate parking and access space is provided to be able
to easily secure such two bicycles.
C.
Design Criteria for Bicycle Parking Facilities.
(1)
Off-street parking for bicycles shall include provision for
secure storage of bicycles. Such facilities shall provide bicycle
lockers or racks or equivalent structures in or upon which the user
may lock a bicycle.
(2)
A bicycle parking facility includes any structure or fixture
constructed so as to enable a person to secure bicycles by locking
the frame and one wheel of each bicycle therein. Inverted U-frame
racks that support the bicycle at two or more points above and on
either side of the bicycle's center of gravity are desired, except
that the Commissioner of Development may approve an alternate style
of rack or enclosure that provides a comparable level of security
and convenience. Racks shall be easily usable with both U-locks and
cable locks. Racks shall support the bicycles in a stable upright
position so that a bike, if bumped, will not fall or roll down.
[Amended 10-16-2012 by Ord. No. 171-2012]
(3)
Each bicycle parking space or bicycle locker shall measure as
least two feet by six feet.
(4)
A minimum four-and-one-half-foot (four feet six inches)wide
access aisle shall be provided to enable bicyclists to enter and leave
the bicycle parking area. In high-traffic areas, the aisle width shall
be greater.
(5)
A minimum of three feet (36 inches) shall be provided between
bicycle racks to allow biker access to bicycles, with more width if
possible to allow better ease of access. Bicycle racks shall be installed
a minimum of two feet (24 inches) from a parallel wall or other obstruction
and three feet (36 inches) from a perpendicular wall. If adjacent
to a walkway, a minimum distance of six feet shall be maintained from
walkway curb to the limit of bicycle parking space. (See Standard
for Installation Layouts and Space Requirements on file in Building
Bureau.)
(6)
Bicycle parking facilities shall be located in well-lighted
areas and in close proximity to the building's entrance, within 50
feet whenever possible, and clustered in groups not to exceed 16 spaces
each. If the parking facility is not highly visible, a sign shall
be placed at the building's entrance indicating the location of bicycle
parking.
(7)
Bicycle parking facilities shall be securely anchored to the
floor or ground so they cannot be easily removed and shall be of sufficient
strength to resist theft and vandalism.
(8)
The surfacing of such facilities shall be designed and maintained
to be mud- and dust-free. The use of rock or gravel areas for bicycle
parking is permitted, provided that edging materials, such as landscape
timbers, are used so that the bicycle parking area is clearly demarcated
and the rock material is contained. In all cases the facility shall
be maintained to allow for easy access and use.
(9)
Bicycle parking facilities shall be sufficiently separated from
off-street parking areas to protect parked bicycles from damage by
motor vehicles. The separation may be accomplished through grade separation,
distance or physical barrier, such as curbs, wheel stops, poles or
other similar features.
(10)
Bicycle parking facilities shall not impede pedestrian or vehicular
circulation and should be harmonious with their environment. Bicycle
parking facilities shall complement, whenever possible, building design
or street furniture.
(11)
Planning Board review shall also include specifications for
interior bicycle storage facilities which are to be located within
a building.
(12)
Whenever possible, bicycle parking facilities shall be compatible
with the natural elements.
[Amended 7-19-2011 by Ord. No. 135-2011]
(13)
Dimensional requirements may be modified by the Planning Board
based on site and building conditions.
(14)
Notwithstanding the foregoing, under circumstances where it is determined
by the Commissioner of Development to be futile to require the construction
of bicycle parking facilities on site, the Commissioner of Development
in conjunction with the Commissioner of Public Works may allow the
placement of such required facilities at a specific off-site location.
[Added 7-19-2011 by Ord. No. 135-2011; amended 10-16-2012 by Ord. No.
171-2012]
[Added 6-23-2009 by L.L. No. 1-2009]
In lieu of providing off-street bicycle parking facilities as required by § 331-126.1 of this Article, an applicant for site plan approval may make payment of an in-lieu fee, prior to issuance of the first building permit for the project subject to such site plan approval, which fee shall be deposited to the City's Bicycle Rack Fund. Such fee shall be paid in accordance with the payment schedule set forth in Chapter 133, Fees.
Required off-street parking and loading facilities
shall comply with the following setback requirements:
A.
R1 and R2 Residence Districts. In R1 and R2 Residence
Districts, in addition to the required spaces, up to two additional
spaces may be provided, which spaces may be located within the required
yards but not within six feet of any side lot line.
B.
RMF Districts. In RMF Districts, off-street parking and loading spaces shall comply with all front, side and rear yard setback requirements, except that the minimum side and rear yard setbacks for unenclosed parking shall be five feet where adjacent to other lots in an RMF or nonresidence district and 10 feet where adjacent to an R1 or R2 District. Buffer landscaping within such setback areas shall be provided in accordance with the requirements of § 331-130 of this chapter.
[Amended 3-17-2009 by Ord. No. 53-2009]
C.
Any H or RMF-SC-4.0 District. In any H or RMF-SC-4.0
District, off-street parking and loading spaces shall comply with
all front, side, and rear yard setback requirements, except that minimum
front, side and rear yard setbacks for unenclosed parking shall be
only five feet. When this section is in conflict with any other section
of the Code with respect to setback requirements, this section shall
govern.
[Amended 7-19-2011 by Ord. No. 135-2011]
D.
Nonresidence districts. In nonresidence districts, off-street parking and loading spaces shall be required to be set back from front, side and rear lot lines only to the extent necessary to provide landscaped buffer areas in accordance with the requirements of § 331-130 of this chapter, unless a front yard is required.
E.
Except where located within or adjacent to an R1 or
R2 Residence District, enclosed off-street parking and loading spaces,
which are to be below existing grade and covered with landscaping
or a landscaped terrace, shall not be required to comply with the
building setback requirements of this chapter, provided that their
location and design is approved by the Planning Board.
F.
In RMF Districts where the FAR is greater than 1.0
and abuts a nonresidence district, off-street parking and loading
spaces shall comply with all front, side and rear yard setback requirements,
except that the minimum side and rear setback requirements for unenclosed
parking or parking structures shall be five feet.
[Added 3-17-2009 by Ord. No. 53-2009]
A.
Access driveways. All off-street parking and loading
spaces, except those serving one- and two-family residences on their
own building lots, shall be provided with unobstructed access and
shall be designed to prevent the backing of any vehicle across a sidewalk
or into a street and shall be subject to the approval of the City
Engineer on all City streets and the Westchester County Department
of Public Works or the New York State Department of Transportation
for access onto county or state roads, respectively. Access driveways
connecting off-street parking and loading facilities to the street
or streets from which they derive access shall be designed in accordance
with the following requirements:
[Amended 4-20-2004 by Ord. No. 90-2004]
(1)
Access driveways serving one- and two-family residences
on their own building lots shall be designed in accordance with the
following standards:
(a)
Shall not be less than 10 feet in width for
one car, 20 feet for two cars, but no more than 25 feet in width,
nor closer than three feet to any side or rear lot line.
(b)
Shall be connected to the street with a radius
return at each intersection corner of not less than 25% of its width
and shall be aligned at approximately right angles to the street.
(c)
A driveway ramp serving residence use shall
not exceed a slope of 4% within 10 feet of the front property line,
except a grade up to 15% may be allowed by the Building Official for
a driveway serving a single-family residence if necessary due to existing
site conditions.
[Amended 10-20-2009 by Ord. No. 199-2009]
(d)
No more than one access driveway curb cut shall
be permitted to serve any one- or two-family residence except that
a circular driveway with two curb cuts shall be permitted on a lot
with 120 feet or more of road frontage.
(e)
No curb cut shall be permitted within 25 linear feet of a street intersection area required for sight visibility pursuant to § 331-14C(2).
(2)
Access driveways serving multifamily and nonresidence
districts shall be designed in accordance with the following standards:
(a)
Shall be not less than 24 feet in width for
two-way drives and 12 feet in width for one-way drives, nor closer
than three feet to the side or rear lot line.
[Amended 7-16-2002 by Ord. No. 139-2002]
(b)
Access ramps to parking garages (maximum percent
grade). Access ramps shall not exceed a grade of 10%.
[Amended 10-20-2009 by Ord. No. 199-2009]
(c)
Each such drive shall be connected to the street
with a radius return at each corner of not less than 25% of its width
and shall be aligned at approximately right angles to the street.
(d)
They shall also not exceed a grade of 3%, except
that a grade of 8% may be allowed by the Building Official, provided
that such grade would be appropriate for the purpose of reducing environmental
impact.
[Amended 2-19-2013 by Ord. No. 39-2013]
(e)
Notwithstanding the above, the Planning Board
may allow lesser dimensions for a driveway providing access to fewer
than 20 spaces. Similarly, it may require greater dimensions where
determined necessary based upon the number of spaces served and/or
the nature of the intended use.
(f)
A minimum of 25 feet is required between an
access drive and the right-of-way line at a street intersection. Entrances
and exits for all parking lots shall not exceed 25 feet in width in
the aggregate for the first 100 feet or fraction thereof of street
frontage, and an additional 25 feet in width in the aggregate for
each additional 100 feet of frontage.
(g)
Sight distance. An unobstructed view shall be
provided in both directions at all exit points.
(3)
Interconnection of off-street parking facilities.
In order to provide maximum efficiency, minimize curb cuts, and encourage
safe and convenient traffic flow, the Planning Board may require the
interconnection of parking facilities via circulation drives within
and between adjacent lots, where feasible. To help assure the accomplishment
of this, the Planning Board may require written assurance, such as
deed restrictions satisfactory to the Corporation Counsel, binding
the owner, heirs, and assigns to permit and maintain such interconnection
of parking facilities and recorded in the Westchester County Land
Records in the County Clerk's office.
B.
Dimensional requirements. All off-street parking and
loading facilities shall comply with at least the following minimum
dimensional requirements:
(1)
Parking space dimensions. All off-street parking spaces
shall be nine feet in width and 18 feet in length, except that a width
of 8.5 feet may be permitted by the Planning Board for long-term (commuter,
worker, or residential) use. The Planning Board may also permit a
one-foot-lesser paved depth where an unobstructed vehicle overhang
area is provided, as in the case of landscaped traffic islands.
(2)
Loading space dimensions. Each loading space shall
have the following dimensions.
|
Off-Street Loading Space Dimensions
| ||
|---|---|---|
|
Dimension
|
Size
(feet)
| |
|
Width
|
15 (12 for adjacent loading spaces)
| |
|
Length
|
35 (55 for tractor-trailers)
| |
|
Height
|
14
| |
(3)
Handicapped parking spaces. Handicapped parking spaces
shall comply with all the requirements of the New York State Building
Code.
(4)
Compact car spaces. In any off-street parking facility containing
50 or more spaces, the Planning Board may permit up to 1/3 of such
spaces to be specifically designed and limited in their use to compact
cars subject to the following conditions:
[Amended 11-15-2016 by Ord. No. 240-2016]
(a)
Compact car parking space dimensions shall be 7.5 feet in width
and 15 feet in length.
(b)
Compact car spaces shall be conveniently located for both vehicular
and pedestrian access.
(c)
Compact car spaces shall be clearly identified by appropriate
signage and shall be located in groups of not fewer than five contiguous
spaces.
(d)
Applications providing compact parking in accordance with the
provisions herein shall provide a parking analysis prepared by a professional
engineer to demonstrate the functionality of the plan.
(5)
Aisle dimensions. All driveway aisles providing access
to off-street parking and loading spaces shall be of sufficient width
in accordance with the following schedule:
|
Aisle Dimensions
| ||
|---|---|---|
|
Type of Parking Space
|
Required Aisle Width
(feet)
| |
|
Perpendicular (90º angle parking)
|
24 standard space; 20 compact space
| |
|
60º angle parking (one-way)
|
18
| |
|
45º angle parking (one-way)
|
13
| |
|
30º angle parking (one-way)
|
12
| |
|
Parallel parking (one-way)
|
12
| |
C.
Tandem parking. Tandem parking spaces may be permitted
by the Planning Board to satisfy a portion of the minimum required
parking space requirement in parking areas containing 25 or more spaces,
provided the following conditions are met:
(1)
It is demonstrated to the satisfaction of the Planning
Board that the projected timing of parking space turnover is such
that tandem parking will not result in an inconvenience to parkers
or an inadequate supply of short-term spaces.
(2)
Tandem spaces shall not be permitted to exceed 15%
of the total number of parking spaces required by this article.
(3)
This section shall not apply to off-street parking being addressed through § 331-54.2C(3) of this Code.
D.
Valet parking as part of a site plan application.
As part of a site plan application, valet parking (space size shall
be 7.5 feet by 15 feet) may be permitted by the Planning Board to
satisfy the requirements for up to 35% of the total number of spaces
required by this article, provided the following conditions are met:
[Amended 5-20-2015 by Ord. No. 114-2015]
(1)
The Planning Board determines that such valet parking
is customary and appropriate for the use it is intended to serve.
(2)
A sufficient number of valets are to be made available
at all hours of the day and all days of the week as determined necessary
by the Planning Board.
(3)
Queuing areas are to be provided as determined necessary
by the Planning Board, but in no case are they to have a capacity
of less than 5% of the total number of approved valet parking spaces.
(4)
Legal instruments, in form and filing satisfactory
to the Corporation Counsel, shall be provided by the property owner
guaranteeing the continued use of valet services so long as the uses
or structures they serve shall be continued.
All off-street parking and loading facilities
shall be maintained in accordance with plans and specifications approved
by the Planning Board.
A.
Surface. All off-street parking, loading facilities,
and driveways shall be surfaced with asphaltic cement concrete, Portland
cement concrete, paving stone or brick and shall not have a slope
in excess of 3%, excluding access ramps. Gravel or other pervious
paving may be permitted where conditions require.
B.
Grading and drainage. All off-street parking and loading
facilities, other than those serving one- or two-family dwellings,
shall be provided with an interior network of drains and/or retention
basins capable of retaining and treating the first 1/2 inch of
runoff or the runoff resulting from a one year, twenty-four-hour storm
event, whichever is greater, from the runoff of the newly constructed
impervious areas. If it can be demonstrated to the satisfaction of
the Planning Board that retention basins or extended detention facilities
are not practical alternatives, other methods recommended in the current
NYSDEC Stormwater Management Guidelines, such as reducing the impacts
of stormwater runoff from new development, may be used as substitutes.
Substitutes may also include the use of dry wells, swales, grit and/or
oil separators and filter strips. The basin and all the necessary
appurtenances shall be per the Department of Public Works requirements.
In addition, the applicant shall utilize the Westchester County Best
Management Practices Manual for Erosion and Sediment Control to prepare
a sediment control plan acceptable to the Building Official.
[Amended 4-20-2004 by Ord. No. 90-2004]
C.
Space delineation. For all uses, other than one- or
two-family dwellings, all required parking and loading spaces shall
be individually delineated by means of painted pavement marking four
to six inches in width running the entire length of each space. Standard
and compact parking spaces shall be marked with a white-color painted
pavement marking, handicap spaces with a blue-color painted pavement
marking.
D.
Signage. Appropriate signs and pavement markings shall
be provided in all off-street parking and loading facilities as necessary
to direct internal traffic flow. Such signs shall generally not exceed
two square feet in area.
F.
Snow storage. All off-street parking and loading facilities
shall provide storage areas for snow which will not displace any required
parking or access thereto nor impact any landscaping or fencing on
the site.
[Amended 5-21-2003 by Ord. No. 106-2003; 4-20-2004 by Ord. No. 90-2004]
Except for off-street parking lots and spaces accessory to a one- or two-family dwelling, all off-street parking lots and loading facilities shall be curbed, screened and landscaped with appropriate trees, shrubs, ground cover and other plant materials to the establishment of a safe, convenient and attractive facility. Such landscaping and screening shall be planted and maintained in accordance with § 331-119.1 of this chapter and adhere to the following requirements:
A.
Perimeter landscaping. In all off-street parking lots
which contain 10 or more parking spaces, perimeter landscaping shall
be provided in accordance with the following standards:
(1)
Landscape strip along right-of-way. A minimum five-foot-wide
landscape strip between a right-of-way and the parking lot, planted
with a minimum of one deciduous tree and 10 shrubs for every 35 linear
feet of frontage (excluding driveway openings), shall be provided.
(2)
Perimeter landscaping. For all sides of a parking lot not abutting a right-of-way, a landscape strip at least five feet in width, that includes at least one deciduous tree for every 35 linear feet of the perimeter and a continuous row of evergreen shrubs, shall be required, except that the requirements of § 331-119 shall control where more restrictive in terms of buffer setbacks.
B.
Interior landscaping within an off-street parking
facility. In all off-street parking facilities which contain 10 or
more parking spaces and which are not located in parking garages,
interior landscaping (in addition to perimeter landscaping required)
shall be provided in accordance with the following schedule:
[Amended 12-11-2007 by Ord. No. 294-2007; 3-17-2009 by Ord. No. 53-2009]
|
Total Area of Parking Lot
(square feet)
|
Percent of Total Area of Lot That Must
Be an Interior Planting Area
| |
|---|---|---|
|
0 - 6,999
|
0%
| |
|
7,000 - 49,999
|
6%
| |
|
50,000 - 149,999
|
8%
| |
|
150,000 or larger
|
10%
|
(1)
Raised planting islands shall be provided for all
interior landscaping areas and shall be a minimum of eight feet in
width, with a curb radius of not less than three feet. Each landscape
island shall contain at least one deciduous tree, of not less than
three inches caliper and at least six feet in height at the time of
planting, with ground cover (including grass and shrubs) and be protected
from vehicular encroachment with a concrete or granite curb at least
six inches in height.
(2)
Number of trees required. At least one deciduous tree shall be provided within an raised planting island for every 200 square feet of interior planting area required in accordance with Subsection B above.
(3)
Location of raised planting islands shall be provided
as necessary to guide vehicle movement, to provide adequate space
for plant growth and, where appropriate, to provide for pedestrian
circulation and vehicle overhang. Such raised planting islands and
the landscaping within them shall be designed and arranged so as to
provide vertical definition to major traffic circulation aisles, entrances
and exits, to channel internal traffic flow, to prevent indiscriminate
diagonal movement of vehicles and to provide cooling shade and relief
from the visual monotony and summer heat of a large paved parking
area. Curbs of such islands shall be designed so as to facilitate
surface drainage and to prevent vehicles from overhanging sidewalks
and damaging landscaping materials.
(a)
A raised planting island, at least eight feet
in width, shall be provided between opposing rows of parking spaces.
(b)
Within rows of parking, raised landscape islands
shall be provided for every 25 parking spaces, to divide up rows into
not more than 25 contiguous spaces.
(c)
The edge of each landscaping row shall be defined
with a raised landscape island.
(4)
The selection, amount and location of all landscaping materials shall be subject to approval by the Building Official for off-street parking lots and spaces accessory to a one- or two-family dwelling and shall be subject to approval by the Planning Board for all other indoor and outdoor off-street parking lots, and parking spaces accessory to all dwelling units and all other uses, which are part of a site plan application, based upon considerations of the adequacy of the proposed landscaping to serve its intended purpose (and the purpose of § 331-119.1 of this chapter) with minimal maintenance, including plant care, snowplowing, leaf removal, and general compatibility with motor vehicles and pedestrians.
(5)
All landscaping shall continue to be maintained in a healthy growing condition throughout the duration of the structure or use which it is intended to serve in accordance with § 331-119.1. Any planting not so maintained shall be replaced with new plants at the beginning of the next, immediately following, growing season.
(6)
The design and maintenance of landscaping and screening
shall create no obstruction to driver vision at traffic intersection
areas.
C.
Screening.
(1)
All off-street parking lots and loading facilities
shall be screened along their perimeter where they abut streets, public
spaces, and residence districts in accordance with these regulations.
The Planning Board may allow a wall or fence of location, height,
design, and material determined suitable to be substituted for or
to supplement the required screening.
(2)
Where a parking lot in a nonresidential district is
adjacent to a residential district, it shall be screened along the
entire property line abutting the residence district with an opaque
wooden stockade fence (at least six feet in height) in addition to
the required perimeter landscaping required above.
(3)
The Planning Board may waive the requirements for
deciduous and evergreen plantings and may substitute alternative species
when, in its judgment, such substitution is desirable. The Planning
Board may also waive the requirement for the opaque wooden stockade
fence referred above and may substitute alternative fencing, landscaping
or screening when, in its judgment, such substitution is desirable.
A.
Permanent maintenance. Required off-street parking
and loading facilities shall be maintained so long as the use or structure
exists which the facilities are designed to serve.
B.
Operation. The operation of off-street parking and
loading facilities shall be conducted in such a manner as to limit
their use to licensed motor vehicles on a transient basis. The servicing,
repair, fueling or storage of motor vehicles or trailers shall not
be permitted in such areas.
