In nonresidential districts, required parking spaces may be located on a separate lot, which may be in separate ownership, within a zoning district in which the principal use is permitted, provided that all such parking spaces are within 750 feet of walking distance of an entrance to the building which they serve and that, where such lot is not in the same ownership, a lease and/or easement guaranteeing long-term use and maintenance of such lot or spaces thereon and satisfactory in form to the permit-granting authority is executed and filed in the Westchester County Office of Land Records. Compliance with the approved site development plan with respect to the subject use shall expire simultaneously with the expiration of the lease or easement.

Required parking spaces for two or more uses may be provided in combined facilities on the same or adjacent lots, subject to the conditions of Subsection B(1).

Waived parking. A percentage of the number of off-street parking spaces required by Article VIII of this Zoning Code for an existing developed site or a proposed use may be waived by special permit.

Land-banked parking. A percentage of the number of off-street parking spaces required by Article VIII of this Zoning Code for a proposed use or uses may be land-banked by special permit.

Shared parking. A percentage of the number of off-street parking spaces required by Article VIII of this Zoning Code may be shared by special permit.

Pedestrian access. Any proposals submitted that, in the opinion of the Planning Board, provide direct and vital pedestrian access to other abutting commercial properties and serve to improve pedestrian accessibility may reduce the number of parking spaces required by 15%. Pedestrian access shall be provided through improved pathways, stairway access or other physical improvements, and such access shall be clearly marked.

Criteria:

Nothing contained herein shall be interpreted or applied so as to allow a building larger than what would otherwise be allowed but for the application of this special permit.

However, in no event shall the Planning Board grant relief from the parking requirements required for handicapped spaces and employee parking spaces.

A special permit application for parking shall be submitted to the Planning Board. The application shall indicate the category or categories of parking relief requested.

The applicant must provide the Planning Board with a brief written report presenting the actual parking requirement per Article VIII, the proposed parking requirement alternative, and the percentage of the number of off-street parking spaces to be waived, land-banked, and/or shared. If pedestrian access is proposed, the report shall describe how the proposed pedestrian access would improve pedestrian accessibility and reduce the number of parking spaces required. The report should also include a statement describing why the proposed parking relief is warranted, including how the parking relief would provide a direct benefit to the Town.

The Planning Board may require the applicant to submit a parking study demonstrating the parking demand for the proposed use based on data from the Institute of Traffic Engineers (ITE), field data for similar developments and other appropriate source material. The scope or detail of such reports or studies shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant. In its decision, the Planning Board may also require the applicant to provide a parking survey within a year of receipt of the certificate of occupancy to demonstrate that the number of parking spaces provided is sufficient for the site and that the reduction in parking is not adversely affecting the traffic, safety and welfare of the residents of the Town of Cortlandt.

Special permits granted for providing pedestrian access shall not reduce the number of parking spaces required by more than 15% of the total required parking for the site. No more than 50% of the total number of required parking spaces serving a use may be waived, granted for pedestrian access, land-banked, and/or shared.

A site plan showing existing conditions and the proposed parking, including all proposed land-banked parking and shared parking areas. Special permit applications for providing pedestrian access shall provide a site plan showing existing conditions and all proposed pedestrian improvements, including sidewalks, pathways, stairway access or other physical improvements. All applications for land-banked parking, and any other applications where the Planning Board deems it a necessary condition of approval, will be required to provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per Article VIII within the confines of the lot itself and serving such lot.

The Planning Board may also, during its review of an application, request such other and further information as it finds necessary to make a thorough evaluation of the applicant's proposal.

In the written report described in the standards of § 307-34.1C(2) above, the applicant must also demonstrate that the two land uses have differing peak hours or days or seasons of parking demand and that the total parking demand at any one time would be adequately served by the total number of parking spaces provided. The scope or detail of such reports or studies, which may require data from the Institute of Traffic Engineers (ITE), field data and other appropriate source material, shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant.

No more than 50% of the parking spaces serving a building may be used jointly for other uses which are not normally open or operated during similar hours.

Agreements for construction and maintenance. A written agreement, acceptable to the Planning Board, defining the joint use, maintenance, and construction of the common parking facility shall be executed by all parties concerned and approved by the Planning Board as part of the special permit process. Such agreement shall be recorded as a deed restriction.

The applicant shall provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per Article VIII within the confines of the lot itself and serving such lot.

Any subsequent change in land uses for which the special permit was approved, and which results in the need for additional parking spaces, shall require a new special permit application under this section.