(A)

Off-street parking or off-street loading facilities shall be maintained and continued, so long as the main use continues.

(B)

Parking spaces on lots of more than four (4) spaces, shall be marked by painted lines or curbs or other means to indicate individual spaces and shall be maintained, so long as the main use continues.

(A)

Repair: Conforming buildings and uses existing as of the effective date of this ordinance may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in area or capacity.

(B)

Enlargement: Where a conforming building or use existed as of the effective date of this ordinance and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street parking or off-street loading as specified in this ordinance shall be provided for the additional floor area, volume, capacity, or space created or used. All off-street loading or parking spaces actually existing on the effective date of this ordinance shall be maintained and additional required spaces shall be provided for the additional floor area, except where the sum of existing and new parking spaces exceed the number required by this ordinance for the existing building or use and such enlargement combined.

(C)

Change in use: Change in use of a conforming or nonconforming building or use existing as of the effective date of this ordinance, shall require the off-street parking and/or off-street loading spaces which would have been required for the new use had the regulations of this ordinance been applicable thereto.

(A)

General: The required off-street parking or loading facilities shall be:

(1)

Identified as to purpose and location when not clearly evidenced.

(2)

All off-street parking areas, except those serving single-family or two-family development, shall be paved, striped, properly drained, maintained and landscaped. All landscaping shall be in accordance with article 37, section 37.05. The planning and zoning board may allow an alternative driveway and/or parking surface as a conditional use in any zoning district. The alternative surface must be of a material that will suitably minimize dust particulate. The number of parking spaces, driveway widths, drainage design, landscaping, and other requirements of the zoning code shall remain in full force and shall be met for any alternative driveway or parking surface, unless otherwise stated in the conditional use approval. The engineer shall attach written comments to the conditional use application. The comments shall include specific remarks regarding the proposed surface.

Conditional uses may be considered only for the following:

(a)

Temporary commercial ventures where the business is not anticipated to remain for a period exceeding twelve (12) months.

(b)

Commercial activities where, because of their location or frequency of usage, a paved surface would be impractical or cause harm to the environment.

(c)

Governmental uses.

(d)

Churches.

(e)

Preservation of protected native canopy trees as defined in article [section] 37.02(F), which may also include a parking reduction.

(3)

A drainage plan for off-street parking areas shall be submitted to the county engineer prior to construction. The county engineer shall determine the size parking area a drainage plan will be required.

(4)

If lighted, lighting shall be designed and installed so as to prevent glare or excessive light on adjacent property; and

(5)

Arranged for convenient access and safety of pedestrians and vehicles.

(B)

Barriers: Where off-street parking or loading areas for four (4) or more vehicles are located on the perimeter of a lot, barriers shall be provided to ensure that all or no portion of a parked vehicle shall encroach over and onto any adjacent private property and separate ownership or over and onto any public street or sidewalks; and, further, barriers shall be provided so that no parked motor vehicle door, when open, can make such encroachment. Barriers may consist of fences, walls, hedges, chains, wheel stops, shrubs, ditches (when necessary to the drainage plan of a lot only) or other method of barrier satisfactory to the senior planner.

(Ord. No. 2013-06, § 3, 4-22-13)

The required off-street parking or loading spaces shall be located on the same lot or parcel of land they are intended to serve, when feasible. If practical difficulties prevent the placing of parking facilities on the same lot with the structure they are designed to serve, such facilities shall be located on another site not more than four hundred (400) feet away.

Each off-street parking or loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street parking or loading space. Each loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe egress and ingress by motor truck and/or trailer combination.

(A)

Space dimensions: Minimum dimensions of off-street parking and loading spaces shall be as follows:

(1)

Off-street parking: Nine (9) by twenty (20) feet.

(2)

Off-street loading: Twelve (12) feet by twenty-five (25) feet.

(B)

Interior drives: Minimum width of interior drives shall be related to the angle of parking stalls and use of one-way or two-way traffic as follows:

Note— Twenty-four (24) feet minimum for two-way circulation.

Where enlargement of facilities or extensions of use are to be made in a building occupied by nonconforming use, no such enlargement of facilities or extensions shall be permitted unless and until existing off-street parking or loading is retained and additional off-street parking or loading is provided. The additional off-street parking or loading required shall be in such amount as is required for said enlargement or extension.

Requirements for off-street parking and loading for uses not specifically mentioned in this article, shall be the same as provided for the use most similar to the one (1) sought, it being the intent of this ordinance to require all uses to provide off-street parking and loading.

When units or measurements determining the number of required off-street parking or loading spaces result in requirement of a fractional space, such fraction equal to or greater than one-half (½) shall require a full off-street parking or loading space.

Floor area shall mean the gross floor area inside the exterior walls, where floor area is indicated as a basis for determining the amount of off-street parking or loading required. In hospitals, bassinets shall not be counted as beds. In stadiums, sport arenas, churches, and other places of public assembly in which occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities shall be counted as one (1) seat for the purpose of computing off-street parking requirements.

Irrespective of any other requirement of this ordinance, each and every separate individual store, office, or other business shall be provided with at least two (2) off-street parking spaces.

Off-street parking spaces shall be provided and maintained in all districts as follows:

(A)

Residential uses:

(1)

Dwellings up to four (4) units located on an individual lot: Two (2) spaces for each dwelling unit.

(2)

Multifamily dwellings in excess of four (4) units: Two (2) spaces for each dwelling unit, plus one (1) space for owner or operator and one (1) space for each two (2) employees.

(3)

Mobile home park: Two (2) spaces for each mobile home lot.

(4)

Mobile home subdivision or mobile home on individual lot: Two (2) spaces per mobile home.

(5)

Housing for elderly: One (1) space for each two (2) dwelling units.

(6)

Nurses home, convent, monasteries: One (1) space for each four (4) lodging units.

(7)

Fraternity and sorority houses: One (1) space for each two (2) residents.

(8)

Hotels and motels: One (1) space for each sleeping room plus spaces required for accessory uses such as restaurant, etc.

(B)

Institutional uses:

(1)

Sanitariums, rest homes, nursing home, convalescent homes, homes for the aged: One (1) space for each four (4) beds plus one (1) space for each employee.

(2)

Hospitals: One and one-half (1½) spaces for each bed.

(3)

Churches and funeral homes: One (1) space for each four (4) seats in sanctuary or chapel area.

(4)

Art gallery, library, museum: One (1) space for every six hundred (600) square feet of gross floor area.

(5)

Orphan's home: One (1) space for each employee, plus one (1) space for each six (6) beds.

(C)

Schools and educational uses:

(1)

Elementary and junior high schools: Two (2) spaces for each classroom, office room and kitchen.

(2)

Senior high schools: Six (6) spaces for each classroom, office room, kitchen, gymnasium and auditorium.

(3)

Day nursery and kindergarten: Two (2) spaces for each employee plus adequate provision for the loading and unloading of children.

(4)

Dance, art and music studios: One (1) space for every three hundred (300) square feet of gross floor area.

(5)

Vocational, trace and business school: One (1) space for every three (3) seats of seating capacity.

(D)

Assembly: Recreational and similar uses:

(1)

Private clubs: One (1) space for each four (4) seats, or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater.

(2)

Restaurant, night club, bar or tavern: One (1) space for each four (4) seats in public rooms plus one (1) space for each two (2) employees.

(3)

Theaters: One (1) space for every four (4) seats.

(4)

Bowling alleys: Two (2) spaces per alley.

(5)

Stadiums and arenas: One (1) space for each four (4) seats.

(6)

Community center, recreational facility: One (1) space for each two hundred (200) square feet of gross floor area or one (1) space for each three (3) seats, whichever is greater.

(7)

Billiard parlor: Two (2) spaces for each three (3) tables.

(8)

Public, private and commercial parks, campgrounds and recreational areas: One (1) space for each campsite or picnic area.

(9)

Agritourism uses: One (1) space per employee plus one (1) space for every four (4) seats of indoor public space and one (1) space for every three hundred (300) square feet of outdoor area utilized for seating, gathering, and event space. Grass overflow parking shall be allowed to meet up to fifty percent (50%) of required minimum parking.

(E)

Business and professional uses:

(1)

Medical and dental office or clinic: One (1) space for each doctor; plus one (1) space for each two (2) employees, plus one and one-half (1½) spaces for each consultation room or examining room, provided the maximum number of required spaces for each doctor shall not exceed seven (7).

(2)

Research laboratory: One (1) space for each two (2) employees plus one (1) space for each company vehicle plus two (2) spaces for patron parking.

(3)

Professional and business offices (other than medical or dental): One (1) space for each three hundred (300) square feet of gross floor space, plus one (1) space for every two (2) occupants or employees.

(4)

Radio or television broadcasting office or studio: One (1) space for every five hundred (500) square feet of gross floor area.

(F)

Commercial uses:

(1)

Business, commercial, or personal service establishments (not otherwise listed): One (1) space for each three hundred (300) square feet of gross floor area, plus, where applicable, one (1) space for every one thousand (1,000) square feet of lot or ground area outside the buildings used for any type of sales or display.

(2)

Marinas: One (1) space for each boat berth plus one (1) space for each two (2) employees.

(3)

Bus, railroad or other transportation terminals: One (1) space for each five hundred (500) square feet of gross floor area plus one (1) space for each two (2) employees.

(4)

Wholesale, warehouse or storage use: One (1) space for every two (2) employees on peak shifts, plus one (1) space for each vehicle based at the facility.

(5)

Commercial shopping centers: One (1) space for each one hundred fifty (150) square feet of non-storage floor area.

(G)

Industrial and similar uses: All uses in industrial districts not otherwise listed: One (1) space for every two (2) employees on peak shifts, plus one (1) space for every company vehicle operating from the premises.

(H)

Handicap parking space requirements:

(1)

Handicap parking spaces shall be reserved and posted in all commercial and professional districts and in any other district which has a principal, accessory or conditional use of a building or structure open to the public.

(2)

Handicap parking spaces shall be conveniently located with respect to main and secondary entrances, and ramps to sidewalks shall be provided and conveniently located in relationship to the handicap spaces.

(3)

The required number of handicap parking spaces shall be:

(a)

Zero (0) to twenty (20) required spaces: One (1) handicap space.

(b)

Twenty-one (21) to fifty (50) required spaces: Two (2) handicap spaces.

(c)

Required parking which exceeds fifty (50) spaces shall include a minimum of four (4) percent of those spaces as handicap spaces.

(I)

Reduced minimum parking standards:

(1)

A reduction of up to fifty (50) percent of the minimum required parking stalls may be approved administratively, at the discretion of the development review committee, on a case-by-case basis. When a reduction in parking is requested, the applicant shall demonstrate that the project does not need the minimum number of parking stalls to operate. The study must demonstration that the proposed reduction in parking will be adequate to meet parking demand. A reduction in parking shall be evaluated based on the following criteria:

(a)

Preservation of existing native canopy trees; or

(b)

Reduction in impervious surface ratio and run-off; or

(c)

Increase in open space and landscaping; or

(d)

Utilization of a drop-off zone (for projects where a majority of the parking needs are drop-off/pick-up such as schools and day cares); or

(e)

Use of low impact development (LID) principles, as approved by the county engineer.

(J)

Shared parking provisions.

(1)

The development review committee may consider a shared parking agreement between two (2) non-residential projects or mixed-use projects provided the projects/uses are complimentary (have peak hours of operation at different times of day). To be considered, a shared parking agreement must address the following:

(a)

The agreement is valid only as long as the conditions described in the request for shared parking exist.

(b)

The amount of parking in consideration and to whom the parking is designated.

(c)

An exhibit depicting the shared parking in relation to the project site.

(d)

The county is not bound to honor the shared parking agreement if the conditions described in the request are determined to have changed or result in a health safety issue as determined by the county engineer.

(2)

The shared parking is subject to an agreement that addresses the following:

(a)

The agreement is valid only as long as the conditions described in the application for the shared parking exist, the county must be a party identified in the agreement requiring a signature from the county manager, and the agreement must be in a form acceptable to the county attorney recorded with the Nassau County Clerk of Courts.

(b)

A copy of the recorded agreement shall be submitted to the county attorney, county manager, and department of planning within ten (10) days of its recording.

(3)

There shall be connections between the shared parking and the structure it serves.

(a)

There shall be safe pedestrian connections between the projects. The connections shall have dark sky lighting.

(b)

The parking area must be located within six hundred (600) feet walking distance of the structure it serves.

(Ord. No. 2020-09, § 2(Exh. B), 2-10-20; Ord. No. 2023-040, § 4, 10-9-23)

Off-street loading spaces shall be provided and maintained as follows:

(A)

Businesses: Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight, terminal, merchant, restaurant, mortuary, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of:

Plus one (1) additional off-street loading space for each additional ninety thousand (90,000) square feet over two hundred ninety thousand (290,000) feet or major fraction thereof.

(B)

Public buildings: For each auditorium, convention hall, exhibition hall, museum, motel, hotel, or office building, sports arena, stadium, hospital, sanitarium, welfare institution, or similar use which has an aggregate floor area of: over ten thousand (10,000) square feet, but not over forty thousand (40,000) square feet: one (1) space, plus one (1) space for each additional sixty thousand (60,000) square feet or major fraction thereof.

(C)

Others: For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

(A)

For non-residential and mixed-use projects, a reduction of up to twenty (20) percent in the total number of required parking stalls may be approved administratively, at the discretion of the Development Review Committee, for the purpose of preserving protected trees, increasing open-space for tree planting and preserving swaths of native landscape. In addition, consistent with section 37.05.F.4. LDC, the maximum number of consecutive parking stalls may be adjusted to provide for the preservation of protected trees. The purpose of this provision is to increase tree preservation and open space as differentiated from a means to merely increase building square footage.

(B)

For the purpose of preserving a heritage tree or a swath of protected trees and the correlating under-story/ground cover, an applicant of a non-residential or mixed-use project may provide up to fifty (50) percent of the required parking at an offsite location provided: (i) the applicant demonstrates that safe well-lit pedestrian facilities are in place or will be constructed as part of the development program to provide connectivity between the primary use/project and the offsite parking location; (ii) the alternative location is not more than six hundred (600) walking feet from the primary use/project; (iii) the Development Review Committee reviews an offsite parking location at a noticed DRC meeting; (iv) offsite parking is subject to all other aspects of County regulations including but not limited to landscaping, tree protection and availability of the use (parking lot) by zoning classification. They DRC may allow in excess of fifty (50) percent of parking at an offsite location in special and unique situations. The purpose of this provision is to increase preservation of natural areas and Heritage Trees as differentiated from a means of increasing building square footage.

(C)

For the purposes of tree preservation, as differentiated from a means of increasing building square footage, the development review committee may consider a shared parking agreement between two (2) non-residential projects or mixed-use projects provided the projects/uses are complimentary (have peak hours of operation at different times of day). To be considered, a shared parking agreement must be presented to the DRC at a noticed meeting and adequately demonstrate the shared facility is supporting two (2) complimentary uses.

(D)

Shared parking provisions:

(1)

Shared parking may be applied when land uses have different parking demand patterns and can use the same parking spaces/areas throughout the day or night. Shared parking may also be applied when an existing development can demonstrate excess parking. Factors evaluated to establish shared parking arrangements shall include operating hours, seasonal/weekly/daily peaks in parking demand, the site's orientation, location of access driveways, accessibility to other nearby parking areas, pedestrian connections, distance to parking area, and availability of parking spaces.

(2)

Shared parking is subject to an executed shared parking agreement. A draft of the agreement shall be submitted to the DRC with the request for shared parking. The county attorney's office shall review for form and content. Upon execution, the agreement shall be recorded in the public records of Nassau County and a certified copy provided to the Nassau County Department of Planning and Economic Opportunity. The agreement must address the following:

a.

The agreement is valid only as long as the conditions described in the request for shared parking exist.

b.

The amount of parking in consideration and to whom the parking is designated.

c.

An exhibit depicting the shared parking in relation to the project site.

d.

The county is not bound to honor the shared parking agreement if the conditions described in the request are determined to have changed or result in a health safety issue as determined by the public works director.

(3)

Up to fifty (50) percent of the overall required parking may be met in offsite parking areas through a shared parking agreement. The offsite parking area must be located within six hundred (600) feet walking distance of the structure it serves. The applicant must demonstrate a safe pedestrian connection is in place or will be constructed as part of the development program to provide connectivity. The pedestrian connection shall be well lighted. No more than two (2) non-illuminated signs shall be allowed in order to designate or direct use of offsite parking spaces. Signs are limited to four (4) square feet and no taller than forty-eight (48) inches.

(E)

Alternative parking surfaces are permitted subject to approval by the director of public works.

(F)

The number of parking spaces provided shall not exceed one hundred ten (110) percent of the minimum parking required.

(G)

Parking areas shall be designed with consideration given to future shared parking arrangements. All non-residential site development shall be designed to allow for vehicular cross accesses to adjacent non-residential properties. Where there are stubouts on adjoining properties, the site under review shall complete the connection. Where a vacant lot/tract of land with a commercial, Industrial or Mixed/Multi-use FLUM designation is adjacent to the site under review, the cross access stub-out shall be constructed to the property boundary with the initial site development or appropriate phase of the project as determined by the Development Review Committee.

(H)

The County, through its Public Works Director, shall encourage and consider favorably the utilization Low Impact Development (LID) principles. The County shall encourage the use of alternative surfaces for internal vehicle use areas which lower the percent of impervious surface area, reduce the dependency on the use of retention ponds for stormwater management and limit if not eliminate changes to the natural grade outside the construction zone.

(Ord. No. 2017-09, § 2, 3-27-17)