[Added 11-2-1961]
[Amended 9-21-1989 by L.L. No. 6-1989]
A.
All structures and land uses hereafter erected, enlarged
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 accordance with the appropriate requirements for structures
and uses, as set forth in this article. As used herein, parking facilities
shall be constructed to include loading and unloading spaces required
by this article.
B.
No building permit shall be issued and no building or use shall be established where such building or use includes underground or other forms of tiered parking, except in conformity with a special use permit, approved in accordance with Article XXIX of this chapter. Underground and other forms of tiered parking shall also be subject to § 248-269B of this chapter.
A.
Structures and land uses in existence at the time
this article becomes effective or structures and uses for which building
permits have been approved at the time this article becomes effective
shall not be subject to the requirements set forth in this article,
unless there shall occur an increased intensity of use, provided that
any parking facilities now existing to serve such structures or uses
shall not in the future be reduced, except where they exceed such
requirement, in which case they may not be reduced below such requirement.
B.
Whenever a building or structure erected prior to
or after the effective date of this article or any land use shall
undergo any increase in intensity of use in the number of dwelling
units, floor area, seating capacity, number of employees or other
unit of measurement specified hereinafter for required parking facilities
or from other causes, and further when said increase would result
in a requirement for additional parking facilities through application
of the Schedule of Requirements[1] of this article, additional parking facilities shall be
provided accordingly, except that no building or structure erected
prior to the effective date of this amendment shall be required to
provide parking facilities unless the aforesaid additional required
facilities amount to a cumulative total increase of at least 50% over
the existing use, as of the effective date of this article, in which
case parking spaces shall be provided on the basis of the total units
of measurements of the new use or of the altered or expanded existing
use.[2]
C.
Required off-street parking facilities which after
development are later dedicated or leased to and accepted by the Incorporated
Village of Westbury shall be deemed to continue to serve the uses
or structures to meet the requirements for which they were originally
provided.
A.
The off-street facilities which are required by this
article shall be provided on the same lot or premises with such structure
or land use, except that off-street parking spaces required for structures
or land uses on two or more adjoining lots may be provided in a single
common facility on one or more of said lots. In any residence district,
no off-street parking facility shall be developed within any required
front yard, or required side yard adjacent to a street line, or within
any other side or rear yard within three feet of the lot line.
B.
At-grade parking under buildings. At-grade parking
under a building shall be prohibited, except that, as part of the
process of site development plan or special use permit approval, as
appropriate, the reviewing authority may permit such parking where
it does not face a street or in other situations where it is screened
by architectural features or evergreen planting. In no case shall
the amount of at-grade parking under a building exceed 30% of the
building's coverage, and the reviewing authority shall determine under
which portion of the building such at-grade parking may be located.
At-grade parking under a building shall (other than a single-family
dwelling or a two-family dwelling) include all at-grade under-building
parking provided, including, without limitation, parking in individual
enclosed private garages assigned to individual apartment units or
commercial units or parking in an enclosed or nonenclosed private
or public parking area. Parking at grade under a building shall include
all auto usage driveways or other means of access to or egress from
any such parking spaces. This subsection does not pertain to depressed
parking surrounding a building and does not pertain to enclosed parking
garages located entirely below grade.
[Added 7-30-1985 by L.L. No. 5-1985;
amended 6-16-2005 by L.L. No. 4-2005]
C.
Underground and other forms of tiered parking facilities;
limitations. Underground and other forms of tiered parking facilities
shall not be permitted in Residence A, Residence B or Residence C
Districts, and in any other district shall not exceed one level below
or above the ground level. In no case shall underground or other forms
of tiered parking facilities be built beneath or above those portions
of a site that are subject to required setbacks at grade level, except
for driveways and walkways providing vehicular or pedestrian ingress
thereto, or parking facilities shall be screened architecturally or
by evergreen planting when fronting on a street. In processing special
use permits for uses, including underground or other forms of tiered
parking facilities, the Board of Trustees shall determine on which
portion or portions of the site such parking facilities shall be located.
[Added 9-21-1989 by L.L. No. 6-1989]
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
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.
[Amended 7-30-1985 by L.L. No. 5-1985]
The plans for the erection, replacement, reconstruction, extension or substantial alteration of any building or development of a land use, when submitted to the Building Inspector and/or Superintendent of Buildings 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 highways and, except for single-family and two-family residences, the plan for traffic access, traffic circulation and general layout of the parking facility, if not previously approved in accordance with Articles XXVIII or XXIX of this chapter, shall be approved by the Building Inspector and/or Superintendent of Buildings with regard to improvement, to safety of traffic on the public streets, 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 shall be issued.
A.
Each required parking space shall be not less than
nine feet wide nor less than 20 feet long, except that not more than
20% of the area devoted to required parking may have stalls for compact
cars, and such stalls would have minimum dimensions of eight feet
in width and 15 feet in length, provided that such spaces are conspicuously
posted by signs indicating that such spaces are for small cars only.
[Amended 1-20-1983 by L.L. No. 1-1983]
B.
The gross area devoted to parking, including aisles,
shall average at least 350 square feet per parking space to assure
adequate aisle widths.
C.
All required parking facilities shall be graded, paved,
drained and suitably maintained to the satisfaction of the Building
Inspector and/or Superintendent of Buildings to the extent necessary
to avoid nuisances of dust, erosion or excessive water flow across
public ways or abutting property. Where the Building Inspector and/or
Superintendent of Buildings deems necessary, he may require suitable
markings to indicate individual parking spaces, maneuvering area,
entrances and exits.
[Added 7-30-1985 by L.L. No. 5-1985]
A.
In all off-street parking areas containing 25 or more
parking spaces, at least 6% of the total parking area shall be curbed
and landscaped with appropriate trees, shrubs and other plant materials
as determined necessary by the reviewing authority to assure the establishment
of a safe, convenient and attractive parking facility. Whenever possible,
raised planting islands at least eight feet in width shall be used
to separate opposing rows of parking spaces so as to provide adequate
space for plant growth and for pedestrian circulation. Such raised
planting islands and the landscaping within them shall be designed
and arranged in such a way as to provide vertical definition to major
traffic circulation aisles, entrances and exits, to channel internal
traffic flow and prevent indiscriminate diagonal movement of vehicles,
and to provide relief from the visual monotony and shadeless expanse
of a large parking area.
B.
The selection, amount and location of all landscaping
materials shall be subject to approval by the reviewing authority,
based upon consideration of the adequacy of the proposed landscaping
to serve its intended purpose with a minimum amount of maintenance
problems, including plant care, snowplowing and leaf removal. At least
one tree, of not less than three inches caliper at a height of three
feet above grade, shall be provided within such parking area for each
12 parking spaces.
C.
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.
[Added 7-30-1985 by L.L. No. 5-1985]
Except with regard to parking provided for one-family
and two-family dwellings, suitable landscaping and screening shall
be provided between parking areas and adjoining streets and residential
properties, in accordance with the following provisions:
A.
It shall be of evergreen planting of such type, height,
spacing and arrangement as, in the judgment of the approving authority,
will screen the parking area involved from the neighboring street
or residential area. Non-evergreen planting may supplement evergreen
planting but not take its place.
B.
The plan and specifications for such planting shall
be filed with the plans for the use of the lot.
C.
Required planting shall be properly trimmed and maintained
in good condition at all times.
D.
A wall or fence, of location, height, design and materials
approved by the approving authority as providing equivalent screening,
may be substituted for part or all of the required planting.
E.
All screening must be suitably maintained throughout
the duration of the structure or use which it is intended to serve.
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.
Where, because of limitations of size, dimensions or topography of lot, an applicant for the building permit in a business district finds it impracticable to provide all or a portion of the off-street parking spaces required by §§ 248-279 and 248-280 herein in connection with a proposed building or addition, he may grant and convey to the Incorporated Village of Westbury and the Board of Trustees of the Incorporated Village of Westbury, at its discretion, may accept appropriately located and developed land for commercial parking as an allowed use equivalent, provided that said land is permanently dedicated to the Village.[1]
For any use not enumerated in this article, the Board of Appeals shall prescribe off-street parking and loading and unloading requirements. These shall be consistent with comparable spaces permitted or required for similar uses of land and building by this article. Said Board of Appeals may not permit a lesser amount of space than this article requires for an increased intensity of use, except as provided in § 248-271 hereof, and may not permit a reduction or elimination of existing spaces already in use unless such existing spaces are in excess of the requirements of this article.
[Amended 2-18-1965; 7-30-1985 by L.L. No. 5-1985; 11-17-1988 by L.L. No. 5-1988; 11-3-1994 by L.L. No. 5-1994; 2-6-1997 by L.L. No. 3-1997; 7-20-2006 by L.L. No. 3-2006; 12-5-2019 by L.L. No. 7-2019]
|
Use
|
Minimum Required Off-Street Parking
(spaces)
|
|---|---|
|
Single-family and 2-family dwellings
|
2 for each dwelling unit; and where a part of the dwelling is
used as a professional office by a doctor or dentist, 2 additional;
or where a part of the dwelling is used as a professional office by
any other professional person, 1 additional
|
|
Multiple dwellings
|
1/2 space per micro unit and studio unit; 1 space per one-bedroom
unit; 1 space per bedroom per two-bedroom unit and 1 space per each
additional bedroom thereafter; in no case shall any attached housing,
townhouse or multiple dwelling residential unit have less than 1.1
spaces per unit across the entire building.
|
|
Professional office or home occupation permitted in a residential
zone as an accessory zone
|
2 in addition to spaces required for residential uses; medical
or dental offices shall have 4 in addition to spaces required for
residential uses
|
|
Retail or service business
|
1 for each 250 square feet of gross floor area
|
|
Living plant retail business
|
1 for each 150 square feet of gross floor area plus 1 for each
1,500 square feet of outdoor sales or display area
|
|
Business or professional office, financial institution
|
1 for each employee, but not less than 1 for each 250 square
feet of gross floor area
|
|
Restaurant
|
1 for each 100 square feet of gross floor area, or 1 for each
5 seats, whichever requirement is greater, and, in addition thereto,
where counter service is provided, such additional parking as may
be required by the reviewing authority
|
|
Cabaret or bar
|
1 for each 50 square feet of gross floor area, or 1 for each
3 seats, whichever requirement is greater and, in addition thereto,
where counter service is provided, such additional parking as may
be required by the reviewing authority
|
|
Fast-food restaurant
|
1 for each 25 square feet of gross floor area for the first
1,000 square feet plus 1 for each additional 35 square feet of gross
floor area thereafter
|
|
Bowling center
|
5 per bowling lane
|
|
Theater, auditorium, stadium or other place of public assembly,
including a place of worship
|
1 for each 3 fixed seats or 1 for each 50 square feet of gross
floor area, whichever requirement is greater
|
|
Church or other place of worship
|
1 for each 3 fixed seats or 1 for each 50 square feet of floor
area which is used for worship space or public assembly, including
but not limited to sanctuaries, meeting halls, gymnasiums and classrooms,
whichever requirement is greater
|
|
Funeral home
|
1 for each 50 square feet of area in assembly rooms
|
|
Small animal hospital
|
1 per employee plus 1 per 400 square feet of gross floor area
|
|
Motor vehicle service station
|
1 for each 1,000 square feet of site area; spaces within service
areas of buildings and at pumps and access lanes thereto shall not
be counted
|
|
Research and development laboratories
|
3 for each 4 persons employed on the maximum shift, or 1 for
each 500 square feet of gross floor area, whichever requirement is
greater
|
|
Light industry and manufacturing
|
1 for each person employed on the maximum shift, or 1 for each
300 square feet of gross floor area, whichever requirement is greater
|
|
Wholesale or other similar commercial use
|
1 for each person employed on the maximum shift, or 1 for each
800 square feet of gross floor area, whichever requirement is greater
|
|
Warehousing, storage or utility use
|
1 for each person employed on the maximum shift, or 1 for each
2,500 square feet of gross floor area, whichever requirement is greater
|
|
Library
|
1 for each 400 square feet of gross floor area
|
|
Taxicab terminal
|
1 per each nondriver employee and 1 per each authorized taxicab
vehicle
|
[Amended 7-30-1985 by L.L. No. 5-1985]
Off-street loading facilities shall be located
on the same lot with the use to be served and shall meet the following
requirements:
A.
For retail and service business establishments, restaurants
and other places serving food and beverages: one space for the first
10,000 square feet of floor area or portion thereof, provided that
it is in excess of 1,500 square feet used for business purposes, and
one space for each additional 10,000 square feet or major portion
thereof.
B.
For industry, wholesale business, storage warehouses
and other commercial establishments: one space for the first 5,000
square feet or portion thereof in excess of 1,500 square feet used
for such purposes and one additional space for each 10,000 square
feet or major portion thereof in excess of the first 5,000 square
feet.
C.
For research laboratories and office buildings: one
space for the first 25,000 square feet or major portion thereof and
one space for each additional 150,000 square feet or major portion
thereof.
D.
Where, because of the special nature of a particular
business or industrial use, the reviewing authority determines that
the above amount of off-street loading space would exceed the actual
need, at least initially, the reviewing authority may permit the construction
of a lesser number of such spaces, provided that the site plan indicates
the location of potential additional loading spaces which the reviewing
authority determines may be needed in the future and contains adequate
notations to assure the eventual construction of such spaces, if and
when the need for them is determined by the reviewing authority.
E.
Each off-street loading space shall be at least 15
feet in width and 35 feet in length.
