New Hyde Park City Zoning Code
ARTICLE XIV
Off-Street Parking and Parking Districts
§ 195-47 Parking district regulations.
The provisions of this article shall apply in a parking district use.
A.
The property included in a parking district shall not be used for any purpose other than the open air parking of automobiles or other vehicles. In no case shall the storage, servicing or dismantling of automobiles or other vehicles be permitted in said district.
B.
Parking districts shall adjoin business and industrial districts and shall be used for accessory parking in connection with permitted uses and buildings in the adjoining district.
§ 195-48 Compliance required.
Any application filed with the Village which seeks a permit to construct, alter or reconstruct a building must comply with the requirements for off-street parking, loading and unloading as hereinafter provided.
§ 195-49 Parking provisions for specific zones.
[Amended 6-5-1990 by L.L. No. 5-1990]
A.
In residence zones, a minimum of two off-street parking spaces shall be provided on the premises for each residential dwelling, and one additional space shall be provided for each additional dwelling unit located or proposed to be located within such dwelling. No such parking spaces shall be below grade.
[Amended 11-16-2000 by L.L. No. 8-2000]
B.
In the business zones, the minimum off-street parking and off-street loading space requirements shall be as follows:
(1)
A minimum of one off-street parking space shall be provided on the premises for each 1,000 square feet, or excess fraction thereof, of floor space located within each above- or below-grade floor or story of each building or structure located or proposed to be located on such premises.
(2)
In addition to the foregoing requirements, the following prescribed off-street parking space requirements shall apply to the premises whenever and wherever the same premises shall be occupied by one or more of the uses specified in the following categories:
[Amended 1-21-1997 by L.L. No. 1-1997; 7-21-2009 by L.L. No. 2-2009]
Use | Number of Additional Spaces | |
|---|---|---|
Theaters, lodges, clubs, halls, churches and auditoriums, and restaurants, cafeterias, taverns, saloons, pizzerias or other establishments selling food or drink for consumption on the premises | 1 for each 4 seats or 4 persons which can be legally accommodated, in excess of 12 seats or persons | |
Recreational or entertainment facilities, including but not limited to pool halls, bowling alleys, dance halls, arcades, nightclubs, skating rinks, tennis or other racket courts, clubhouses and swimming pools | 1 for each 100 square feet of floor area used, intended for use or accessible to patrons or members | |
Offices | 1 for each 200 square feet of rentable or occupied office floor space | |
Apartments, tenements or multiple dwellings | 1 for each dwelling unit | |
Uses not listed above which are subject to occupancy limits or which require public assembly licenses or permits | 1 for each 50 square feet of floor space or for each 2 persons capable of legally occupying the premises, whichever is greater |
(3)
Except for those uses specified or described in Subsection B(2), in calculating the square footage of floor area in a building or structure for the purpose of determining minimum off-street parking requirements imposed by this subsection, that floor space actually designed, used, occupied and intended for bathrooms, rest rooms, stairways or elevators, closets, plumbing, heating or cooling fixtures, storage or warehousing of nondisplay goods or merchandise and interior off-street parking or loading space shall be excluded from such calculation.
(4)
Where the aggregate floor space located in any buildings or structures on the premises shall exceed 4,000 square feet, as determined by calculation under the preceding subsection, one off-street loading space shall be provided for each multiple or excess fraction of such aggregate; provided, however, that floor space actually designed, used, occupied or intended for storage or warehousing of nondisplay goods or merchandise shall be included in such calculation for purposes of this requirement.
C.
In the industrial zones, a minimum of one off-street parking space shall be provided on the premises for each 250 square feet, or excess fraction thereof, of floor space located within each above- or below-grade floor or story of each building or structure located or proposed to be located on any premises. In addition, where the aggregate floor space located in any buildings or structures on the premises shall exceed 4,000 square feet, one off-street loading space shall be provided for each multiple or excess fraction of such aggregate.
§ 195-50 Surface and dimension specifications.
A.
All off-street parking, loading and unloading spaces shall be surfaced by six-inch bituminous macadam pavement. The foundation course shall be in accordance with Nassau County Specifications Item IIIA to thickness of 4 1/2 inches after rolling. The stone is to be of uniform size between 1 1/2 to two inches thick. The wearing course shall have an average thickness after rolling of 1 1/2 inches in accordance with Nassau County Specifications Item IV, Type No. 3A.
§ 195-51 Revocation of certificate of occupancy.
If at any time, subsequent to the issuance of a building permit pursuant to the provisions of this chapter, an inspection reveals that a property, plot or parcel fails to comply with all off-street parking, loading and unloading requirements, the Building Inspector or the Zoning Inspector shall have the power to revoke the certificate of occupancy required by the laws of the Village until such time as the requirements are met, and/or prosecute any such violation in accordance with all laws pertaining thereto. Any person or persons who allege to be aggrieved by such action may apply to the Board of Zoning Appeals for relief.
§ 195-52 Variances.
The Board of Zoning Appeals shall have the power and authority, on good cause shown and upon such conditions as it may set, to vary by special exception permit any provision of this chapter dealing with off-street parking, loading and unloading.
§ 195-53 More restrictive provisions to prevail.
In the event that, due to the use or design of a particular building, the provisions of the Building Code of the State of New York or the Village shall conflict with these provisions of the Zoning Code relating to off-street parking, loading or unloading, then whichever provisions of said applicable laws/statutes/codes are more restrictive shall be the provisions to be applied.