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Village of Pelham, NY
Westchester County
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Table of Contents
Table of Contents
Off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter erected or enlarged shall be provided and kept available in accessory private garages or in accessory parking areas in amounts not less than specified in this Article XVII, provided that nothing in this Article shall prevent the repairing, reconstruction or rebuilding and continued use, pursuant to Article XIX, of any nonconforming building or structure lawfully existing at the effective date of this chapter.
In all districts, the minimum required number of parking spaces to be provided in private garages or parking areas accessory to main residential buildings permitted in any given district shall be in accordance with the following regulations:
A. 
Lodging house: one parking space for each guest bedroom.
B. 
Multifamily house: three parking spaces for each two dwelling units, except in a Business-2 District, where one parking space for each dwelling unit shall be required.
C. 
Single- and two-family dwellings: at least two parking spaces are required on site for each dwelling unit.
[Amended 2-6-2007 by L.L. No. 2-2007[1]]
[1]
Editor’s Note: This local law also repealed former Subsection D, which immediately followed and included provisions on parking for two-family dwellings.
In all districts, the minimum required number of parking spaces to be provided in private garages or parking areas accessory to main buildings or structures or uses of land permitted in any given district shall be in accordance with the following regulations:
A. 
Auditorium, theater or other place of public assembly: one parking space for each four fixed seats of capacity or one parking space for each 60 square feet of floor area available to patrons in cases where the capacity is not determined by the number of fixed seats. Benches shall be deemed to have a capacity of one person for each 20 inches of length.
B. 
Bank, financial institution, business, public utility or professional office, including medical and dental clinics: one parking space for each 300 square feet of aggregate floor area.
C. 
Church: one parking space for each six seats.
D. 
Club, community center: one parking space for each 200 square feet of floor area available to patrons.
E. 
Filling station, public garage or service station: sufficient parking spaces for all vehicles being serviced simultaneously, with five parking spaces minimum.
F. 
Funeral parlor or mortuary establishment: one parking space for each 100 square feet of floor area devoted to chapel or reposing rooms or assembly rooms or services.
G. 
Hospital: One parking space for each three beds.
H. 
Restaurant or bar: Five parking spaces minimum, plus one additional parking space for each 100 square feet of floor area available to patrons in excess of the first 1,000 square feet.
I. 
Retail store, personal service shop or studio, except as otherwise provided: one parking space for each 200 square feet of floor area available to patrons of every building or group of semidetached buildings.
J. 
School: one parking space for each employee, plus one parking space for each five students above the eleventh grade level or such number of parking spaces as are required for the assembly hall, computed pursuant to § 98-113A, whichever is the greater.
K. 
Nonnuisance industry, publishing or printing plant, dry-cleaning plant, metal working, tinsmith, plumbing or carpenters shop, wholesale or storage: one parking space for each three persons customarily employed on the premises but not less than one parking space for each 500 square feet of floor area.
L. 
Other uses not specifically listed: the same requirement as for the most similar listed use. For any unlisted use which is not similar to a listed use, the parking requirements shall be determined by the Board of Trustees.
M. 
Mixed uses: Total requirement shall be the sum of the requirements for each use, computed separately in accordance with the provisions of this Article.
Every building or structure, lot or land hereafter put into use for any nonresidential purpose and which has an aggregate ground or first floor area of 4,000 square feet or more devoted to any such use, shall be provided with at least one off-street truck loading space.
A. 
In all districts, an accessory garage shall be subject to the regulations for accessory buildings prescribed in § 98-101, except as provided in § 98-115E.
B. 
In all districts, an access drive to an accessory garage, parking area or truck loading space may be located within a required side yard.
C. 
In any residence district, a private garage or parking area may be utilized only as an accessory to the main use, except that one parking space in a private garage accessory to a dwelling may be rented for the parking of a passenger automobile to a person who is not a resident of the main building.
D. 
In any residence district, not more than 600 square feet or 30% of the area of a minimum required rear yard shall be used as a parking area, whichever is more restrictive.
[Amended 2-6-2007 by L.L. No. 2-2007]
E. 
In a Residence A-1, A-2 or A-3 District, notwithstanding the provisions of § 98-101A, on any lot where the ungraded rise of the land exceeds nine feet measured vertically upward from the curb level within the first 25 feet measured from and perpendicular to the street line, an accessory garage may be constructed within the required front yard, provided that its floor level is not more than one foot above curb level, and further provided that the front facade of such garage shall be set back not less than five feet from the street line.
F. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection F, which restricted the number of motor vehicles which could be parked in a Residence A-1, A-2, A-3, B-1 or B-2 District, was repealed 2-6-2007 by L.L. No. 2-2007.
G. 
In a Residence A-1, A-2, A-3, B-1 or B-2 District, no recreational vehicle or boat may be parked in the open on any lot.
H. 
In a Residence A-1, A-2, A-3, B-1 or B-2 District, no commercially licensed vehicle, school bus or vehicle which carries an external identification of any business or purpose for which such vehicle is used may be parked or housed on any lot.
I. 
In a Residence M District, not more than one commercially licensed vehicle with a capacity limited to one ton for each business use in the adjacent business district which uses the lot for accessory parking as provided in § 98-46A(2) may be housed on any lot, and then only within a private garage.
J. 
In a Business-1, Business-2 or Business-3 District, no commercially licensed vehicle with a capacity in excess of one and one-half (1 1/2) tons shall be parked in any unenclosed parking area.
[Amended 10-1-1991 by L.L. No. 3-1991; 7-21-1992 by L.L. No. 2-1992]
K. 
Required parking areas for all uses or buildings in a Residence A-1, A-2, A-3, B-1 or B-2 District and for all dwellings or multifamily houses in all districts shall be upon the same lot with the main building, except that off-street parking space required for structures and uses on two adjoining lots may be provided in a single common facility on one or both of such lots in accordance with an agreement between the owners of such adjoining lots, which agreement is to be filed with the Building Committee. In all business districts, required parking areas for all uses other than dwellings or multifamily houses shall be either upon the same lot or, if on a nonadjoining lot, in the same or another business district or Residence M or M-1 District within 300 feet of the property to which they are accessory, measured in a straight line between the nearest point of the parking area and the nearest point of the property to be served. Any accessory parking area which is not upon the same lot as the main building or use, and its necessary accessways, shall be reserved for off-street parking use, under conditions and safeguards approved by the Village Board of Trustees and designed to assure the continuing availability of such parking area to serve the use to which it is accessory for as long as such use continues in existence, unless the Board of Trustees finds that adequate substitute public parking facilities have been provided.
L. 
In all districts, required parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot, such driveway or easement to have a minimum width of 10 feet. No such easement to a nonresidential use shall be permitted across a lot in a Residence A-1, A-2, A-3, B-1 or B-2 District. Curbcuts in residential districts shall be limited to a maximum of 12 feet in width.
[Amended 2-6-2007 by L.L. No. 2-2007]
M. 
In an Office O, Business-1, Business-2 or Business-3 District, a parking area may be situated, in whole or in part, on the roof of the main building to which it is accessory, provided that such parking area is accessible by means of ramps enclosed within such building, that such building is not more than three stories in height, plus basement, if any, and that such parking area shall be screened by a parapet wall not less than five feet in height, with the total height of the building not to exceed 40 feet from curb level.
[Amended 10-1-1991 by L.L. No. 3-1991; 7-21-1992 by L.L. No. 2-1992]
N. 
The adequacy of parking areas and truck loading spaces for special exception uses shall be subject to review and determination as an integral part of the review of the site plan by the Board of Trustees, as provided in the applicable provisions of Chapter 79 of the Code of the Village of Pelham.
A. 
A parking space for one passenger automobile shall have a minimum width of nine feet and a minimum depth of 18 feet, exclusive of access drive.
B. 
An off-street truck loading space shall have a minimum width of 10 feet, a minimum length of 30 feet and a minimum clear height of 13 feet, including its access from the street.
C. 
Parking areas and off-street truck loading spaces shall be suitably paved, drained and lighted and appropriately planted with evergreens and fenced for the protection of adjacent properties, in accordance with specifications of the Village, and shall be arranged for convenient access, egress and safety of vehicles and pedestrians. The planted area or strip shall be not less than six feet high and not less than six feet wide, along all lot lines, except that on corner lots the measurement provisions of § 98-104H shall apply. Such facilities shall be maintained in good condition by the owner or lessee.
D. 
No required parking area or off-street truck loading space shall be encroached upon by buildings, open storage or any other use.
E. 
When the required parking area or number of parking spaces calculated as provided in §§ 98-112 and 98-113 results in the requirement of a fractional space, any fraction under one-half (1/2) may be disregarded, and any fraction over one-half (1/2) shall be construed as requiring a full space.
A. 
Non-applicability to existing buildings and uses. The provisions of §§ 98-112, 98-113 and 98-114 shall not apply to any building, structure or use lawfully in existence on the effective date of this chapter, whether continued as a permitted or a nonconforming use or thereafter converted or changed without enlargement to a different lawful use, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced below the requirements of this chapter.
B. 
Waiver of parking requirements for buildings and uses served by public parking areas. The Board of Trustees may waive the requirements for parking areas stipulated in § 98-113, in whole or in part, in the case of any building hereafter erected or enlarged on any lot within 500 feet of a public parking area owned or operated by the Village, measured in a straight line between the nearest point of such parking area and the nearest point of such lot.
C. 
Waiver of requirements for places of worship. Additional parking facilities will not be required if any alteration, enlargement or extension of a church or other place of worship does not increase the area of the assembly.