All structures and land uses hereafter erected, enlarged, created or extended shall be provided with the amount of off-street automobile parking space and loading and unloading space required by the terms of this Article to meet the needs of persons making use of such structures or land. A permit for the erection, replacement, reconstruction, extension or substantial alteration of a structure or the development of a land use shall not be issued unless off-street automobile parking facilities and, where required, loading and unloading spaces shall have been laid out in plan, in accordance with the appropriate requirements for structures and uses as set forth in this Article, unless there should occur a decrease in intensity of use. As used herein, "parking facilities" shall be construed to include loading and unloading spaces required by this Article. Other than for residence uses under § 342-50, this Article shall not apply to the C-2 Central Commercial District.
The off-street parking facilities which are required by this Article shall be provided on the same lot or premises with such structures or land use, except that the Board of Appeals, in connection with any application for a special permit or variance, may permit an applicant who cannot provide the requisite parking facilities on the same premises which are the subject of the application to substitute therefor or add thereto parking facilities within a readily accessible area distant not more than 500 feet from such premises. The applicant shall submit proof acceptable to the Board of Appeals and documents satisfactory to the Village Attorney to assure the adequacy and continuation of such additional or substitute parking facilities during the use of the premises by the applicant and all successors. If the use of the premises is changed, enlarged or extended by a subsequent user of the premises, such subsequent user of the premises will provide off-street parking facilities for its own use, in accordance with all requirements of this Article.
[Amended 5-29-1974, effective 6-12-1974]
Location; curbing and landscaping.
[Amended 9-11-1972, effective 9-27-1972; 10-24-1973, effective 10-31-1973; 5-29-1974, effective 6-12-1974; 9-9-1985 by L.L. No. 19-1985, effective 9-26-1985; 1-12-1987 by L.L. No. 1-1987, effective 1-20-1987]
Unless a special permit has first been obtained pursuant to Article X or a site development plan has first been approved pursuant to Article XI, parking spaces in the open shall not be located in any required front yard nor within a point eight feet from any side lot line that is within 50 feet of a front street line but may be within five feet of a side or rear lot line elsewhere on the lot. Open parking will be permitted in a required front yard of one- or two-family dwelling when parking is in a driveway approved by the Building Department. The required side and rear lot-line setbacks for one- and two-family dwellings will be five feet. Wherever open parking areas come within the required side or rear yards for a building other than a one- or two-family dwelling, such spaces shall be screened from adjoining lot lines in the manner and to the extent required under § 342-16.
No parking spaces shall be located within 15 feet of any wall of a multifamily dwelling, which wall contains windows (other than kitchen and bathroom windows) with a sill height of less than eight feet above the level of said parking area.
Required off-street parking facilities which, after development, are later dedicated or leased to and accepted by the Village shall be deemed to continue to serve the uses or structures to meet the requirements for which they were originally provided.
Required off-street parking facilities shall be completed before a certificate of occupancy shall be issued, and said parking facilities shall be maintained as long as the structure or use exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to 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, and shall be available to such persons without additional charge for the use thereof.
[Amended 3-25-1974, effective 4-3-1974]
Structures and land uses in existence on or for which building permits shall have been approved prior to April 1, 1968, shall not be subject to the requirements for off-street parking spaces set forth herein, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced or converted to any other purpose, except to the extent that they may exceed such requirements. Any building permit for the enlargement or extension of any such structure or use shall be conditioned upon the provision of all parking spaces required for such enlargement or extension.
Schedule of Off-Street Parking Requirements. Off-street parking spaces shall be provided as follows:
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 of each individual use on the lot, except that the Board of Appeals may approve the joint use of a parking space by two or more establishments on the same lot or on contiguous lots the total capacity of which is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of this Article by reason of variation in the probable time of maximum use by patrons or employees at such establishments, and provided that such approval of such joint use shall be automatically terminated upon a change of use at any such establishment. The Board shall require, as a condition of its approval, a legal instrument satisfactory to the Village Attorney assuring the continued existence and use of the joint parking facilities in connection with the uses they serve.
In the M-1 (Manufacturing) District, off-street parking shall not be required for carry-out restaurants (delicatessens), provided that such uses:
[Added 3-13-1995 by L.L. No. 4-1995, effective 3-22-1995]
Schedule of Off-Street Loading Requirements. Off-street loading spaces shall be provided as follows:
No loading berth shall be located closer than 60 feet to a street line and 10 feet to all other lot lines. Wherever a loading/unloading area is provided in the open, such area shall be screened from the view of the street and any adjoining lots in the manner and to the extent required under § 342-16.
The plans for the erection, moving, replacement, reconstruction, extension or substantial alteration of any building or development of a land use, when submitted to the Director of Building, Code Enforcement and Land Use Administration with an application for a building permit and/or a certificate of occupancy, shall show, by means of a plot plan drawn to scale, the specific location and size of the off-street parking facilities required to comply with this article and the means of access to such parking spaces from the public streets or highway. Except for uses subject to approval by the Village Board or to approval under Articles X and XI, the plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the Village Engineer with regard to improvement, to safety of traffic on the public street, to safety of pedestrians on public sidewalks and to safety and adequacy of access for cars and pedestrians using the parking facility before a permit and/or certificate of occupancy shall be issued. Plans relating to parking, loading and access under Articles X and XI shall be approved as provided in those articles.
[Amended 5-29-1974, effective 6-12-1974]
In approving a parking area plan in connection with a special permit or site development plan, the Board of Appeals or Planning Board, whichever is responsible for such procedure, may permit a reduction in the required width of parking spaces which are not to be used by the general public or visitors to the property but are to be restricted to employee parking use only. Such width shall be at least 8 1/2 feet, and the Board of Appeals or Planning Board, as the case may be, shall attach such conditions to its approval as will ensure an increase in such parking space width and number of spaces as will be required by a future change in use.
[Amended 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985; 12-16-2013 by L.L. No. 16-2013, effective 12-30-2013]
Required off-street parking facilities may be enclosed in a structure or may be open, except as required specifically for multifamily dwellings, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Village Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. In multifamily residential development and in nonresidential development, the Village Engineer shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. Upon a finding by the Planning Board that the immediate need for parking spaces is substantially less than the total required by § 342-56, the Board may temporarily waive the improvement of up to 1/2 of the required spaces, provided that the applicant gives assurance satisfactory to the Village Attorney that he will improve sufficient additional spaces whenever the Planning Board makes a subsequent finding that the parking of cars connected with or visiting the use takes place on adjacent streets consistently and notifies the applicant of the additional improvement required. To minimize the drainage and aesthetic impact of excess impervious surface, seasonal or temporary overflow parking on club properties shall be permitted on grassed areas if in accordance with applicable fire and safety codes.
[Amended 12-10-1984 by L.L. No. 29-1984, effective 1-2-1985]
Where, because of limitations of size, dimensions or topography of a lot, an applicant for a building permit in a commercial or manufacturing district finds it impracticable to provide all or part of the parking spaces required in connection with a proposed building or addition, he may offer to grant and convey to the Village appropriately located land for an equivalent amount of parking spaces. Such land shall be accepted only if the Planning Board concurs that the location, size and design of such land is appropriate for parking and only if the Board of Trustees, at its discretion, accepts such developed land. Any such accepted land must be permanently dedicated to the Village.
As a second alternative, the applicant may offer to pay to the Village an amount of money which the Village determines is sufficient to provide 60% of the cost of the required amount of parking spaces which the Planning Board finds cannot practicably be provided on the applicant's lot. The amount of money shall be determined by the Village Engineer based upon current construction cost indexes, with such amount to be annually reviewed and approved by the Planning Board. One-half of the payment for such parking must be made prior to the issuance of a certificate of occupancy for the applicant's structures, with the balance to be paid on the anniversary date of the issuance of the certificate of occupancy over a five-year period, including interest at a rate equal to the average interest rate for short-term borrowing for the prior fiscal year, as computed by the Clerk-Treasurer. Fees are to be placed in a special trust fund of the Village, to be used exclusively for public parking space purposes to benefit said district, including the acquisition of land. The owner of the property shall enter into a written agreement with the Village, promising to make the installment payments, including interest on the unpaid balance, in accordance with the annual payment schedule established by the Village and further agreeing that any payment which is not made on the date due shall be levied upon the property in the preparation of the next tax roll and shall be collected and enforced in the same manner as taxes upon the property are levied, collected and enforced.