[Amended 5-17-2011 by L.L. No. 2-2011]
The following shall be the minimum requirements for accessory
off-street parking spaces in each district where such use is permitted.
(Off-street parking shall be permitted only on designated and improved
parking areas in accordance with site plan approval by the Planning
Board.)
|
Use
|
Required Number of Parking Spaces
|
|---|---|
|
Art studios, art galleries and antique shops
|
1 for every 150 square feet of total floor area
|
|
Boatels and motels
|
1 per room, plus 1 per 3 employees
|
|
Boat sales, repair and service
|
1 for every 150 square feet of floor area devoted to retail
or service activities, plus 1 for each two-boat dry-docking facility
|
|
Churches, places of worship, Sunday school buildings, parish
houses and rectories
|
1 for every 200 square feet of floor area, but not less than
1 for every 5 seats, where provided
|
|
Community centers, libraries, museums, publicly owned art galleries
and similar public facilities
|
1 for every 200 square feet of floor area, but not less than
1 for every 5 seats, where provided
|
|
Dwellings
|
1 for each dwelling unit, plus 2 for any accessory home occupation
|
|
Fraternal and social clubs
|
1 for every 200 square feet of floor area, but not less than
1 for every 5 seats, if provided
|
|
Funeral parlors
|
1 for every 2 employees, plus at least 10
|
|
Heliports
|
1 for every 2 employees, plus 1 for each private aircraft parking
space and 5 per scheduled aircraft arrival or departure within the
peak three-hour period
|
|
Indoor theaters
|
1 for every 5 seats
|
|
Light industrial research and development laboratory use or
public utility facilities
|
1 for every 300 square feet of gross floor area or 2 for every
3 employees, whichever is less
|
|
Marinas
|
1 for each boat-mooring facility or 3 seats in commercial craft
or 3 employees
|
|
Multifamily dwellings
|
1 1/2 per dwelling unit
|
|
Professional, business and governmental offices
|
1 for each office, plus 1 for every 150 square feet in floor
space in such use
|
|
Public or private clubs, fraternity houses or lodges
|
1 for every 2 members or accommodations such as lockers, whichever
is greater
|
|
Public utility facilities
|
1 for every 2 employees or 300 square feet of floor area, whichever
is greater
|
|
Restaurants, tearooms, taverns or places serving food or beverage
|
1 for every 3 seats
|
|
Retail or service business of floor area devoted to retail or
service activities
|
1 for every 150 square feet
|
|
Public or parochial schools or schools of special instruction
|
1 for every 12 seats or students of elementary grades and 6
seats or students for other schools
|
|
Telephone exchanges
|
1 for every 2 employees or 300 square feet of floor area, whichever
is less
|
|
Wholesaling, warehousing, distribution business
|
2 for every 3 employees; however, additional area should be
allocated on the basis of 1 space per 300 square feet of floor area
|
[Added 5-17-2011 by L.L. No. 2-2011; amended 11-17-2015 by L.L. No. 2-2015; 3-8-2023 by L.L. No. 4-2023]
A.
The required number of off-street parking spaces for "retail or service
business or floor area devoted to retail or service activities" in
Business B or Central Business Multi-Use is modified as follows: There
is no required number of off-street parking spaces for "retail or
service business of floor area devoted to retail or service activities"
under a threshold floor area of 600 square feet; the required number
of parking spaces for floor area above 600 feet is one space for every
additional 150 square feet.
B.
Restaurants, tearooms, taverns or places serving food or beverage
(hereinafter "food/beverage service establishment") and retail and/or
service businesses, in Business B or Central Business Multi-Use, that
cannot provide the required number of parking spaces on site may use
leased or rented spaces from a different site (i.e., "off-site") to
satisfy the off-street parking regulation, subject to the restrictions
and conditions set forth below. Such food/beverage service establishment
that is leasing or renting off-street parking spaces off-site is hereinafter
referred to as "the food/beverage service establishment lessee." The
owner of the real property that is the situs of the leased or rented
off-street parking spaces (that are being utilized off-site by the
food/beverage service establishment lessee) is hereinafter referred
to as "the lessor."
(1)
Off-site leased or rented off-street parking spaces must either
be within the Business B Zoning District or Central Business Multi-Use
Districts or (if not in Business B or Central Multi-Use) be within
250 feet of the food/beverage service establishment lessee's business.
(2)
Annual evidentiary proof of continued lease or rental of the
off-site, off-street parking spaces must be provided by the food/beverage
service establishment lessee to the Building Inspector by January
31 of each year, which evidentiary proof must be satisfactory to the
Village Board of Trustees.
(3)
If, during the year, the off-site, off-street parking spaces
lease agreement or rental contract has expired, or is cancelled, terminated
or no longer in effect, the food/beverage service establishment lessee
must communicate such status to the Building Inspector within 30 days
of such expiration, cancellation or termination.
(4)
If a food/beverage service establishment lessee's access to
the off-site leased or rented off-street parking spaces is not on
a twenty-four-hour basis, the leased or rented spaces must be available
for the primary business hours of the food/beverage service establishment
lessee.
(5)
A lessor of off-street parking spaces shall be subject to the requirements of this Article XII, even if the lessor is a preexisting nonconforming use or nonconforming as to its bulk (at the time of the adoption of this section). The lessor shall satisfy the minimum quantity of off-street parking spaces that are required for the lessor's use, and the lessor's parking lot shall also be adequate to fulfill the quantity of off-street parking spaces that are being leased or rented to all lessees of the lessor.
(6)
Leasing or renting of parking spaces in single-family residential
lots (whether improved or vacant) is prohibited.
C.
Businesses, commercial establishments and residences in existence at the time of the adoption of this section shall be considered preexisting nonconforming buildings as to their bulk regarding the off-street parking requirements of this Article XII, except that any restaurant, business or commercial establishment which utilized the fee-in-lieu-of-parking provisions set forth in the moratorium known as "Local Law No. 5 of 2010"[1] shall not be considered preexisting nonconforming as to their bulk regarding off-street parking requirements, such uses must comply with this Article XII.
[1]
Editor's Note: A copy of L.L. No. 5-2010 is on file in the
Village offices.
D.
If a commercial establishment located in the Business B or Central Business Multi-Use Zoning Districts cannot satisfy, on-site, or in the case of a restaurant use, by the lease of off-site parking as provided under § 210-68.1B, its required minimum number of off-street parking spaces, then a portion of the requirement may be satisfied by paying to the Village of Piermont a fee in lieu of parking ("FILOP"), subject to the following restrictions and conditions:
(1)
The owner or operator of a commercial establishment in the Business
B or Central Business Zoning Districts may satisfy the off-street
parking space requirement by using FILOP parking spaces which are
permitted by right as set forth in this section, or otherwise to the
extent that the use of additional FILOP spaces are approved by the
Village Board of Trustees ("VBT").
(2)
The fees for FILOP spaces shall be established by resolution
of the VBT on an annual basis.
(3)
Partial-year fees shall be pro-rated on a per diem basis.
(4)
The FILOP fee shall not be refundable.
(5)
Each applicant may, by right (i.e., no VBT review shall be necessary),
utilize up to three FILOP spaces, and the applicant shall pay the
required FILOP fee to the Village of Piermont, as established by the
VBT, for such "by right" FILOP spaces.
(6)
An applicant may also submit an application to the VBT requesting
approval of a special permit granting more than three "by right" FILOP
spaces for the purpose of satisfying the required minimum quantity
of off-street parking spaces. If the said special permit is approved,
the applicant shall pay the required fees as established by the VBT.
The quantity of such additional FILOP special permit spaces shall
not exceed a number determined by the VBT to be assigned to the particular
applicant based on the available inventory of FILOP spaces. In the
event that the VBT grants a special permit which approves in excess
of nine FILOP spaces to a single applicant, such special permit shall
be renewed annually and specifically reference that the FILOP spaces
in excess of nine spaces were granted due to available inventory of
FILOP spaces at the time of the application, and that such spaces
may not be available when the special permit is renewed.
(7)
FILOP shall not be available to a commercial establishment unless
all lot area available on the commercial establishment's premises
that may feasibly be utilized as off-street parking spaces in accordance
with the Zoning Code has been allocated to parking by the owner or
occupant of the premises.
(8)
Subject to the provisions of § 210-68.1(6), commercial
establishments with FILOP spaces shall have the right of first refusal
to the FILOP spaces that have been issued to them, which right must
be exercised by January 31 of each year. However, the approval of
FILOP spaces are not transferrable and does not run with the land.
(9)
If the Building Inspector shall determine that the supply of
available Village-owned off-street parking spaces is exhausted, no
new commercial establishment shall be entitled to FILOP spaces.
F.
Change of use, ownership or occupancy; new or expanded establishments.
(1)
If a change of use, ownership or certificate of occupancy of
a commercial establishment that is preexisting nonconforming as to
its bulk, located in the Business B or Central Business Multi-Use
Zoning Districts, results in the same (or less) off-street parking
space requirement for the new business operation, as compared to the
prior use or occupancy, the change may be maintained as a preexisting
nonconformance as to bulk.
(2)
If a change of use, ownership or certificate of occupancy of
a commercial establishment that is preexisting nonconforming as to
its bulk, located in the Business B or Central Business Multi-Use
Zoning Districts, results in a greater off-street parking requirement,
the net increase of required spaces shall be satisfied by: on-site
off-street parking spaces; private off-street parking space lease
or rental at a different situs than the commercial establishment;
or FILOP (unless the maximum number of FILOP spaces has already been
issued to the commercial establishment).
(3)
For new, or expansion of existing, commercial establishments
located in the Business B or Central Business Multi-Use Zoning Districts,
additional off-street parking space requirements shall be satisfied
by: on-site off-street parking spaces; private off-street parking
space lease or rental at a different situs than the commercial establishment;
or FILOP (unless the maximum number of FILOP spaces has already been
issued to the commercial establishment).
G.
In its review of an application seeking approval of an area/bulk
variance from the Zoning Code's off-street parking requirements, the
Zoning Board of Appeals should note that it is the principal responsibility
of the VBT to balance the availability of off-street parking spaces
with the needs of the business and residential community, as enacted
in the annual parking plan analysis.
The following shall be the minimum off-street
loading berths required for uses in the district in which located:
A.
For a school with floor area of 10,000 square feet:
one berth; for each additional 25,000 square feet or fraction thereof:
one additional berth.
B.
For buildings with retail sales and service establishments:
one berth for 8,000 to 25,000 square feet of floor area and one additional
berth for each additional 25,000 square feet of floor area or fraction
thereof so used.
C.
For funeral parlors: one enclosed berth for each chapel.
Such berths shall be at least 10 feet wide, 20 feet long and 7 1/2
feet high.
D.
For light industrial and research and development
uses: one berth with minimum enclosed dimensions of 15 feet in width,
length of 40 feet and height of 14 feet, if covered, for the first
5,000 square feet to 10,000 square feet of gross floor area or any
portion thereof, plus one enclosed berth for each additional 20,000
square feet or major portion thereof.
[Added 2-7-1995 by L.L. No. 1-1995]
A.
Corner lots. No hedge, fence, wall or other object
over 2 1/2 feet high and no accessory off-street parking space shall
be located within the triangular area prescribed by lines connecting
the corner of the lot and a point located 35 feet from the corner
on each of the intersecting lot lines forming said corner.
B.
Fences and walls. Except as provided in § 210-69.1A, a fence or freestanding wall not more than 4 1/2 feet in height is permitted within a required front yard. A fence over a six-foot height is permitted in the side and rear yards, provided that it is set back from the lot line a distance equal to 2/3 its height. Fence height shall be measured from average finished grade in the adjacent area as determined by the Building Inspector. Walls over six feet high shall conform to the height regulations as set forth in the table of general bulk regulations applicable to each zoning district. A building permit is required for all fences and walls, except fences six feet high or less for a residential lot for a single-family or two-family dwelling.
C.
Fences shall be erected with the finished side facing
outward towards the street or abutting properties.
