New Hempstead City Zoning Code
ARTICLE VI
Parking and Loading Requirements
§ 290-58 Compliance required for certificate of occupancy.
All structures and uses shall be provided with a sufficient number of off-street parking and loading spaces to meet the needs of employees, residents, visitors, clients, patrons and other persons at such structures or uses, but not less than the minimum requirements of this chapter. No certificate of occupancy shall be issued for any structure or use, whether for a new structure or a change of use of an existing structure, until such off-street parking and loading spaces have been established in accordance with the requirements of this chapter.
§ 290-59 Location; maximum gross vehicle weight.
A.
Required off-street parking spaces shall be provided on the same lot with the structure or use they serve, except as provided in this section below, and may be located within a building or in a side or rear yard. In no event shall parking and loading spaces for a use not permitted in a district be located in that district.
B.
In residential districts, not more than one vehicle with commercial registration under 5,000 pounds' gross vehicle weight may be parked on a lot. No vehicle with commercial registration over 5,000 pounds' gross vehicle weight may be parked overnight or kept on a lot in a residential district.
C.
Off-street loading spaces may be located within any building, within a side or rear yard or within a required off-street parking area, provided that such spaces do not block access to such parking area or any parking space.
§ 290-60 Joint use.
The Planning Board, in approving a site plan, may allow off-street parking and loading spaces required for structures or uses on the same or adjacent lots to be provided in a single common facility on one or more of said lots, subject to the following:
A.
The total capacity of the common facility shall be the sum of the requirements of each individual use, except that said total capacity may be reduced by the Planning Board, provided that the applicant demonstrates to the satisfaction of the approving agency that the capacity of such facility will meet the intent of the requirements by reason of the provision of nonreserved parking spaces and variation in the probable time of maximum use by residents, visitors, patrons and employees among such uses.
B.
As a condition of its approval, the Planning Board shall require a legal instrument satisfactory to the Village Attorney assuring the continued existence and use of said parking spaces in connection with the uses and structures that they serve. Such instrument shall also guarantee that, upon termination of such use, each individual participant will provide off-street parking and loading spaces for its own use in accordance with all requirements of this chapter.
§ 290-61 Existing structures and uses.
Structures and uses in existence or for which building permits have been issued prior to the effective date of this chapter shall not be subject to the parking or loading requirements of this chapter, provided that any parking and loading facilities then existing to serve such structures or uses shall not in the future be reduced or redesignated to serve other structures or uses, except to the extent they exceed such requirements. When existing structures and uses are expanded, required parking and loading facilities shall be provided for both the existing and the new structure or use.
§ 290-62 Schedule of Parking and Loading Requirements.
[Amended 11-7-1985 by L.L. No. 6-1985; 4-24-1997 by L.L. No. 1-1997; 3-25-1999 by L.L. No. 1-1999; 7-24-2017 by L.L. No. 4-2017; 11-28-2017 by L.L. No. 7-2017; 7-23-2019 by L.L. No. 3-2019]
A.
The following schedule presents the minimum parking space and loading space requirements of this chapter. Where a lot contains more than one use, the minimum requirements must be satisfied for each and every such use. For uses that do not fall within the categories listed or for which no requirement is listed, the Planning Board shall set the minimum parking space and loading space requirements based on the specific nature of the facility and on expected parking demand.
Use | Minimum Parking Spaces | Minimum Loading Spaces |
|---|---|---|
1-family dwellings | 2 for each dwelling unit | — |
2-family dwellings | 2 for each dwelling unit | — |
Agricultural Uses | — | — |
Business and professional offices | 3 per 1, 000 square feet of gross floor area | — |
Research and development laboratories | 2.5 per 1,000 square feet of gross floor area | 1 for over 15,000 square feet of gross floor area; 1 for each additional 10,000 square feet of gross floor area |
Light Industrial Uses | 2.5 per 1,000 square feet in assembly rooms, plus 1 per commercial vehicle kept on the lot | 1 for over 15,000 square feet of gross floor area; 1 for each additional 10,000 square feet of gross floor area |
B.
Parking requirements for each NCO.[1]
(1)
Number of parking spaces required. The number of parking spaces required shall be no fewer than one space for each 250 square feet of floor area.
(2)
In an NCD only, properly buffered parking may be permitted in front yards, provided there is a minimum setback of 10 feet from a street line. Buffers shall be required and shall consist of evergreen landscaping and/or berms or other topographic treatment, as determined by the Planning Board.
(3)
Should the occupants of the NCD development change, or should the number of commercial enterprises be modified, it is the responsibility of the property owner to seek approval for a revised number of spaces as determined by the Planning Board before an occupancy permit can be issued.
(4)
Lighting fixtures shall be mounted no higher than 15 feet, and suitable evidence shall be provided to permit the Planning Board to visualize the impacts of illumination.
(5)
All illumination should be soft white, downward-directed, and LED or better energy efficiency rated to minimize the impacts of such light on neighboring properties.
(6)
All illumination should be the lowest safe levels possible.
(7)
NCD site plans should detail specific requirements to buffer any residential property.
§ 290-63 Design standards.
A.
B.
For nonresidential uses, poured-in-place concrete curbing shall be provided to outline all parking areas and to prevent any vehicle parking within the facility from overhanging a property line or projecting over any sidewalk, other walkway or public road.
C.
No vehicle shall be forced or encouraged by the nature of the design of the parking area to back out of the parking facility onto a public road.
D.
Suitable walks shall be provided within the facility for the safety of pedestrians moving to or from their vehicles.
E.
All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum gradient within parking areas shall not exceed 5%.
F.
Suitable markings shall be provided to indicate individual parking spaces, maneuvering areas, entrances, exits, directions of traffic flow and other similar requirements.
§ 290-64 Special parking standards.
A.
Employee parking. In parking areas designated for employees, the Planning Board may permit a reduction in the width of such spaces to 8.5 feet.
B.
Parking facilities for the handicapped. Parking spaces shall be reserved for the handicapped as required by state law and as directed by the Planning Board. The location of such spaces shall permit barrier-free access for the handicapped to proposed buildings and facilities when required.
C.
Compact car parking. Compact car parking spaces may be permitted by the Planning Board, subject to the following requirements:
(1)
Compact car parking spaces shall be not less than 7.75 feet wide and 15 feet long.
(2)
Compact car parking spaces shall be permitted only for long-term parking use, such as for commuters or employees.
(3)
No more than 1/3 of the total off-street parking spaces required by this chapter shall be designated for compact cars.
(4)
Compact car parking spaces shall be appropriately signed.
§ 290-65 Driveways.
For reasons of traffic and pedestrian safety, both on and off the street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to permit approval by the Planning Board, the Rockland County Highway Department or the New York State Department of Transportation for access onto Village, county or state roads, respectively.
A.
Driveway width. 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 fewer 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 to any off-street parking area shall exceed grades in excess of those permitted in Subsection B below.
B.
Driveway gradients.
(1)
The maximum gradient for new access driveways to single-family dwellings shall be 12%.
(2)
The maximum gradient for new access driveways serving uses other than single-family dwellings shall be 8%.
(3)
Notwithstanding the maximum permitted gradient specified above, a driveway serving a use other than a single-family dwelling shall have a platform with a gradient not greater than 3% within 50 feet of the center line of the traveled way of the street or within 25 feet of the right-of-way line of the street, whichever distance is greater.
§ 290-66 Deferment of full improvement of off-street parking.
Where the Planning Board determines that the immediate use of any property may not require the full initial improvement of all off-street parking and loading facilities, the Planning Board may waive the initial improvement of not more than 1/3 of the required number of spaces, provided that the total number of spaces is shown on the approved plan, and further provided that the area not to be improved is reserved for such future use. All such reserved land shall be used and maintained as additional landscaped area until the reserved spaces may be required to be improved. Reserved spaces shall be improved within six months of the date of a written notice from the Planning Board that such spaces have been determined to be necessary. Appropriate written guaranties to the above shall be provided by the owner and approved by the Village Attorney.