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Briarcliff Manor Town
City Zoning Code

§ 220-12

Off-street parking and off-street loading.

A. 
General. All structures and land uses hereafter erected, enlarged, created or extended, reduced in intensity or otherwise modified shall be provided with the amount of off-street parking space and loading and unloading space required by the terms of this section to meet the needs of persons occupying 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 parking facilities and, where required, loading and unloading spaces shall have been laid out in plan, and approved by the Planning Board, in accordance with the appropriate requirements for structures and uses as set forth in this section. As used herein, parking facilities shall be construed to include loading and unloading spaces required by this section.
B. 
Existing structures and uses. Structures and land uses in existence on the effective date of this section, December 4, 1972, or structures and uses with approved building permits by said date, shall not be subject to the parking or loading requirements set forth in this section. However, parking and loading facilities now existing to serve such structures or uses shall not be reduced without approval by the Planning Board and then, if granted approval, only to the extent they may exceed the total current requirements.
[Amended 5-21-1998 by L.L. No. 2-1998]
C. 
Location, use, design, construction and maintenance.
(1) 
Location of parking spaces. Required parking spaces shall normally be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Village Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this section. In no event shall such parking spaces be located in any residence district.
(2) 
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 such individual use on the lot, except that upon recommendation of the Planning Board, the Board of Trustees may approve the joint use of a parking space by two or more establishments on the same lot or on adjacent lots, the total capacity of which is less than the sum of the spaces required for each, provided that it can be conclusively demonstrated that the parking capacity to be provided will substantially meet the parking demand generated by reason of variations in the probable time of maximum use by occupants of such establishments and provided such approval of such joint use shall be automatically terminated upon a change of use at any such establishment. The Board of Trustees 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 and establishments they serve. In all cases it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guarantees, satisfactory to the Village Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.
(3) 
Size of parking spaces. Each parking space shall be at least 180 square feet in area and shall be shaped as a rectangle at least nine feet wide and 20 feet long if unenclosed. Such spaces shall be 10 feet wide if bordered by walls or columns on two or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles such spaces may be reduced in depth to 18 feet as measured from said curb and exclusive of two-foot vehicle overhang. Backup and maneuvering aisles between rows of parking spaces shall be 25 feet wide if parking spaces are nine feet wide and 24 feet or 23 feet wide if such parking spaces are 9 1/2 feet or 10 feet wide, respectively.
[Amended 5-21-1998 by L.L. No. 2-1998]
(4) 
Access. Unobstructed access to and from a street shall be provided for all parking spaces. Such access shall consist of at least one twelve-foot wide lane for parking areas with less than 30 parking spaces and at least two ten-foot wide lanes for parking areas with 30 parking spaces or more. No entrance or exit for any off-street parking shall exceed a grade in excess of 6% within 25 feet of any street line, nor 12% at any other point.
(5) 
Grades, drainage and surfacing. The maximum slope of a parking space shall not exceed 5%. All parking areas shall be properly drained and all such areas, except for parking spaces accessory to a one- or two-family dwelling, shall be paved with a dust-free surface in accordance with specifications of the Village of Briarcliff Manor.
(6) 
Landscaping within parking areas.
(a) 
Except in one- and two-family residences, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs, and other plant materials and ground cover, as approved by the Planning Board, to assure the establishment of a safe, convenient and attractive parking facility. Wherever possible, raised planting islands, at least six feet in width, shall be used to guide vehicle movement and separate opposing rows of parking space so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. 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. Curbs should also be used for surface drainage purposes and to prevent vehicles from overlapping sidewalks and damaging landscaping materials.
(b) 
The selection, amount, and location of all landscaping materials shall be subject to approval by the Planning Board 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, snow plowing and the removal of leaves and other debris. At least one tree, of planting grade, shall be provided within such parking area for each 12 parking spaces.
(c) 
Any parking facility serving a non-single-family residential use which is located in or adjacent to a single-family residence district shall be screened, by means of evergreen plantings not less than six feet in height, from the adjoining residential property in such district.
(d) 
No obstruction to vision shall be erected or maintained on any lot within the triangle formed by the street lines of such lot; the outer edge of the access driveway to the parking area, and a line drawn between points along such street line and access drive 30 feet distant from their point of intersection.
(7) 
Traffic circulation. In order to promulgate safety and convenient traffic circulation the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Village Attorney, binding the owner and his heirs and assignees to maintain and permit such internal access and circulation and inter-use of parking facilities.
(8) 
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 for which they were originally provided.
(9) 
Improvement of parking facilities. Required off-street parking facilities may be enclosed in a structure, or may be open, except as may be specifically required elsewhere in this chapter, 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.
(10) 
Operation and maintenance of off-street parking facilities. 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 for those persons who occupy or make use of such structures and land uses, except when dedicated to and accepted by the Village as public parking areas. The owner of the property used for parking shall maintain such area in good condition, including all facilities constructed, landscaping, plant care, snow plowing and the removal of leaves and other refuse throughout the duration of its use.
(11) 
Alternate method of providing parking spaces. Where, because of limitations of size, dimensions, or topography of lot, an applicant for a building permit in a nonresidential district finds it impractical to provide all or a portion of the off-street parking spaces required in connection with a proposed building or addition, he may offer to grant and convey to the Village, appropriately and conveniently located and developed land for parking in an equivalent amount. Upon report to the Board of Trustees by the Planning Board stating that it concurs in such findings and the appropriateness of the proposed land for parking, the Board of Trustees, at its discretion, may accept such developed land, providing it is permanently dedicated to the Village.
(12) 
Off-street loading requirements. Off-street loading and unloading facilities as defined in this chapter shall be located on the same site with the use to be served and shall be provided as follows:
(a) 
Each off-street loading unit shall be 10 feet wide, except that the first shall be 12 feet wide, 14 feet high and 45 feet long, exclusive of access and turning areas, and may be located within any structure, within a side or rear yard, or within a required off-street parking area, provided that it does not bar access to such parking area.
(b) 
For retail and service business establishments, restaurants and other places serving food and beverages: one space for the first 4,000 square feet of gross floor area or major portion thereof and one additional space for each 10,000 square feet or major portion thereof in excess of 4,000 square feet.
(c) 
For wholesale business, storage warehouses, and other commercial establishments: one space for each establishment, and one additional space for each 10,000 square feet of gross floor area or major portion thereof in excess of 4,000 square feet.
(d) 
Reasonable and appropriate off-street loading requirements for structures and land uses shall be determined in each case by the Planning Board, which shall consider all factors entering into the loading and unloading needs of such use.
(13) 
Unless modified by the above provisions or by other provisions of this chapter, off-street parking facilities shall be provided in an amount as required by the list below. Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed below, shall be determined in each case by the Planning Board. The Planning Board shall consider all factors entering into the parking needs of each such use or reuse of land or buildings and may, in the course of site plan or special permit review, reduce or increase the parking and loading requirements and in an amount which it considers appropriate and in the best interest of the Village. In all cases, the Planning Board shall require appropriate safeguards for the provision of the normally required parking and loading facilities. In no case shall such reduction or increase be greater than 25% of that normally required by the zoning chapter.
[Amended 10-16-1997 by L.L. No. 5-1997; 3-16-2011 by L.L. No. 2-2011; 11-5-2014 by L.L. No. 2-2014; 5-17-2017 by L.L. No. 1-2017]
Use
Minimum Required Off-Street Parking
One- and two-family residence
2 spaces for each dwelling unit
Accessory building dwelling unit permitted in a residential district
2 spaces for each accessory building dwelling unit
Professional office or home occupation permitted in a residential district
4 units for each doctor, dentist, or medical practitioner, plus 1 unit for each employee, in addition to space required for residential uses; for other occupations, 2 spaces in addition to spaces required for residential uses
Multifamily dwellings
1.3 spaces for each one-room (studio or efficiency apartment) unit. 1.5 spaces for each two-room unit (1 bedroom); 2.0 spaces for each three-room unit (2 bedrooms); plus 0.5 space for each additional bedroom beyond 2
Retail, service business or carry-out food establishment
1 space for each 150 square feet of gross floor area on the ground floor and 1 space for each 250 square feet of gross floor area on other floors
Mixed-use retail business and residential
If the overall residential portion of the building or group of buildings is equal to or greater than 80% of the gross floor area of the building or group of buildings and if all of the dwelling units are affordable AFFH units, then the required off-street parking shall be 70% of the total number of spaces that would be required under this section if the number of spaces for each of the uses were calculated separately and added together, and if the overall residential portion of the building or group of buildings is less than 80% of the gross floor area of the building or group of buildings; or if all of the residential dwelling units are not affordable AFFH units, then the number shall be the number of spaces required for each of the uses calculated separately and added together; but in either case, the Planning Board may fix a lower number if the applicant submits a parking accumulation study and demonstrates to the Planning Board's satisfaction that such lower number is sufficient to meet the demands of the retail and residential uses
Business offices or banks
1 space for each 250 square feet of gross floor area, or 1 per employee, whichever is greater
Restaurant
1 space for each 100 square feet of gross floor area, or 1 space for each 4 seats, whichever requirement is greater, plus 1 for each employee
Theater, auditorium, stadium or other place of public assembly, including a place of worship
1 space for each 3 fixed seats, or 1 space for each 100 square feet of floor area in places without fixed seats
Funeral home
10 spaces, plus 1 space for every 60 square feet of floor area available for public use
Hospital or nursing home
1 space for each 2 beds, plus 1 for each employee
Animal hospital
1 space for each 350 square feet of gross floor area, plus 1 for each employee
Automotive service station
10 spaces, but not less than 4 spaces for each service bay, including each service bay as a parking space, plus 1 space for every 150 square feet of retail space which is not incidental to the automotive service use. For good cause shown by the applicant and as part of site plan approval, the Planning Board may permit up to 50% of the required spaces without a backup aisle for the storage vehicles awaiting repair.