North Castle City Zoning Code
ARTICLE IX
Off-Street Parking and Loading
§ 355-54 General requirements.
A.
All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this article to meet the needs of persons occupying or using such structures or land. Any portion of a building or structure dedicated for use as a loading space or loading area shall be deemed not to generate any need for parking or loading in accordance with the requirements of this Code.
[Amended 6-30-1998 by L.L. No. 10-1998]
B.
Site plans, and plans accompanying an application for a building permit, shall show specifically the location, size and type of improvement of the off-street parking or loading space required to comply with this chapter and the means of access to such space from the public streets or highways. No certificate of occupancy shall be issued for any building or land use until the required off-street parking space has been established or a performance bond has been posted, in form and sufficiency acceptable to the Town Board.
§ 355-55 Existing structures.
A.
Structures and land uses in existence, or for which building permits have been approved at the time of the adoption of this chapter, shall not be subject to the parking or loading space 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 where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking and loading facilities for the existing portion of such uses shall, however, be provided at the time of any enlargement of such existing structures or uses or the further development of the property upon which they are located in the future.
B.
In case of exceptional difficulty or unusual hardship to such properties arising out of this requirement, appeal may be made to the Board of Appeals, which shall require such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming but shall not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or expansion and shall not permit reduction or elimination of whatever quantity of parking that may already exist, unless it is in excess of requirements.
§ 355-56 Location; improvement; use; design; maintenance.
A.
Location.
(1)
The required off-street parking facilities shall be provided on the same lot or premises with the structure or land use they serve, except:
(a)
Off-street parking and loading 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 of said lots, provided that the total amount of parking and loading facilities shall be the sum of the requirements of each individual use.
(b)
The Planning Board may permit all or part of the required parking spaces to be located on any lot within 250 feet of the building in the same zoning district or another zoning district where such parking is a lawful use, if the Board determines that it is impractical to provide parking on the same lot with the building.
(2)
Where said Board approves the location of such parking spaces in a single common facility or on a different lot than the lot occupied by the use served by the parking spaces, the Board shall require as a condition of approval a legal instrument satisfactory to the Town Attorney assuring the continued existence and use of said parking spaces in connection with the land uses and structures they serve. Such instrument shall also guarantee that, upon the termination of such joint use, each individual participant will provide off-street parking facilities for its own use in accordance with all requirements of this section.
B.
Improvement of parking facilities. Required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the extent deemed necessary by the Town Engineer to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. Parking areas in multifamily and nonresidential districts shall be suitably improved with surfacing consisting of six inches of granulated base and two inches of asphaltic concrete top, poured concrete curbs and other adequate drainage facilities, which surfacing, curbing and other drainage facilities shall be properly maintained.
C.
Waiver of improvement. Where the Planning Board determines, in connection with its action on a site plan, that poured concrete curbs are not appropriate or that less than the required number of parking or loading spaces will satisfy the intent of this chapter, because of variations in the probable time of maximum use by joint users or for any other reason, said Board may waive all or part of the improvement, but not more than 50% of the number of parking spaces required according to § 355-57 herein. 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 guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived. Such spaces must be constructed 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.
D.
Size of parking spaces. Each parking space shall be at least nine feet wide and 18 feet long if unenclosed and at least 10 feet wide and 20 feet long 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 16 feet, provided that vehicles will not overhang sidewalks or other pedestrian areas and the reduction in the size of the parking space does not impede the movements of vehicles within the parking area.
[Amended 4-22-1993 by L.L. No. 2-1993]
E.
Aisles. Backup and maneuvering aisles between rows of parking spaces shall be at least 25 feet wide, except:
(1)
If the parking angle is between 80° and 90° and the parking spaces are at least 10 feet wide, aisles shall be at least 24 feet wide.
(2)
If the parking angle is less than 80° and aisles are designed for one-way traffic only, aisle width shall conform to at least the following standards:
Minimum Parking Angle (degrees) | Aisle Width (feet) | |
|---|---|---|
0 to 44 | 12 | |
45 to 59 | 13 | |
60 to 79 | 19 |
F.
Compact car parking. In nonresidential districts where at least 50 parking spaces are provided for the sole use of employees who use such spaces on a nontransient basis (cars parked at least three hours in the same space), up to 33% of these parking spaces may, with Planning Board approval, be designed and reserved for compact cars. Such spaces shall be at least eight feet wide and 15 feet long, shall be grouped in one or two locations on the lot and shall be clearly marked as being reserved for compact cars only.
[Amended 4-22-1993 by L.L. No. 2-1993]
G.
Access drives. Access drives for ingress and egress to and from the parking and loading areas for sites located in commercial and multifamily residential districts shall be designed in conformance with the width standards provided below and the grade and surface standards provided in § 355-59, Driveways. Access drives shall provide unobstructed access to and from the street and shall be designed so as to avoid the backing of any vehicle across the sidewalk or into the street right-of-way. The width requirements shall be as follows:
Size of Parking Area (number of spaces) | Required Width of Access Drive (feet) | |
|---|---|---|
1 to 5 | 15 | |
6 to 20 | 20 | |
21 and above | 24 |
H.
Landscaping. Except for parking spaces accessory to a single- or two-family dwelling, all off-street parking and loading areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping, to assure the establishment of a safe, convenient and attractive parking facility needing a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. At least one tree, not less than three inches in caliper at time of planting, shall be provided within such parking area for each 10 parking spaces.
(1)
Wherever possible, raised planting islands, at least eight feet in width, shall be provided to guide vehicle movement, and to separate opposing rows of parking spaces 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 of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.
(2)
In all off-street parking areas containing 25 or more parking spaces, at least 10% of the interior of the parking area shall be curbed and landscaped with trees, shrubs and other plant material.
(3)
No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line 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.
I.
Grades and marking. The maximum slope within a parking area shall not exceed 7%. In multifamily and nonresidential districts, the Planning Board may require the provision of suitable markings to indicate individual parking spaces, maneuvering areas, entrances and exits.
J.
Traffic circulation. In order to provide maximum efficiency, minimize curb cuts and encourage safe 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 Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.
K.
Alternate method of providing parking spaces. Where, because of limitations of size, dimensions or topography of a 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 Town, or a Town parking district, appropriately and conveniently located and developed land for parking in an equivalent amount. Upon report to the Town Board by the Planning Board stating that it concurs in such findings and the appropriateness of the proposed land for parking, the Town Board, at its discretion, may accept such developed land in lieu of that portion of the applicant's parking requirement, provided that it is permanently dedicated to the Town.
L.
Parking district. Where the Town has established a parking district, required off-street parking for any land use within that parking district may be provided in accordance with the provisions of said district. Continued conformance with the provisions of said district shall be required for the continued validity of any certificate of occupancy or other permit issued for said land use.
M.
Operation and maintenance. Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed or make use of such structures and land uses. Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures for which they were originally provided.
N.
Reserved parking for handicapped persons.
(1)
In accordance with Vehicle and Traffic Law § 1203-c, in nonresidential districts, handicapped spaces shall be provided as required below:
Total Number of Parking Spaces | Number of Spaces Reserved for Handicapped |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2% of total |
Over 1,000 | 20, plus 1 for each 100 spaces over 1,000 |
(2)
For a shopping center or facility having at least five separate retail stores and at least 20 off-street parking spaces, a minimum of 5% of such parking spaces or 10 spaces, whichever is less, shall be for the use by the physically handicapped. All parking spaces reserved for the handicapped shall be at least 13 feet wide and 18 feet long and shall be clearly identified using appropriate markings and signage as required by the State of New York.
§ 355-57 Schedule of Off-Street Parking Requirements.
A.
Off-street parking spaces shall be provided as follows, except that the Town Board or Planning Board may modify these provisions as a condition of the issuance of a special permit according to the provisions of §§ 355-33 through 355-40:
[Amended 4-23-1993 by L.L. No. 2-1993; 9-23-1993 by L.L. No. 8-1993; 5-10-2006 by L.L. No. 9-2006; 7-26-2006 by L.L. No. 12-2006; 12-13-2006 by L.L. No. 26-2006; 12-5-2006 by L.L. No. 25-2006; 9-10-2007 by L.L. No. 18-2007; 5-28-2008 by L.L. No. 8-2008; 7-13-2011 by L.L. No. 6-2011; 8-28-2012 by L.L. No. 5-2012; 8-14-2013 by L.L. No. 6-2013; 5-14-2014 by L.L. No. 1-2014; 9-13-2017 by L.L. No. 5-2017; 4-12-2023 by L.L. No. 4-2023; 2-12-2025 by L.L. No. 1-2025]
Use | Minimum Off-Street Parking (spaces) | |
|---|---|---|
Accessory apartments | 1 for each bedroom | |
1- and 2-family dwellings | 2 for each dwelling unit | |
Middle-income dwelling units and AFFH units | 1 for each dwelling unit, plus 1/2 for each bedroom | |
Senior citizen dwelling units | 1 for each dwelling unit, plus 1/2 for each bedroom, plus 10% visitor parking | |
Other multifamily dwelling units | 2 for each dwelling unit, plus 1/2 for each bedroom in excess of 2, plus 10% visitor parking | |
Banks | 1 for each 150 square feet of gross floor area | |
Golf or country clubs | 1 for each 3 members, plus 1 for each 3 seats in the meeting and/or dining rooms | |
Barbershops and beauty shops | 1 for each 100 square feet of gross floor area; 3 minimum | |
Clubs, other than golf or country clubs | 1 for each 5 members or each 200 square feet of gross floor area or for each 3 seats at maximum capacity, whichever unit of measure is most appropriate to the customary use thereof as determined by the Planning Board | |
Grocery, convenience stores or supermarkets | 1 for each 150 square feet of gross floor area | |
Gasoline service stations | 1 per employee on the largest work shift, plus 3 for each service bay | |
Libraries or museums | 1 for each 300 square feet of gross floor area, plus 1 per employee on the largest work shift | |
Recreation facilities | 1 for each 200 square feet of gross floor area of that part of the recreation facility other than that consisting of water surface area for a swimming pool or courts for racquet sports | |
1 additional for each 75 square feet of gross water surface area for a swimming facility | ||
3 additional for each tennis, handball, racquetball or other type of court for a racquet sports facility | ||
1 additional for each employee on the largest work shift | ||
Day spas | 1 for each 200 square feet of gross floor area | |
Professional offices or home occupations permitted in a residential district | 2 in addition to spaces required for the residential use, except that there shall be 4 for each medical or dental practitioner in addition to spaces required for the residential use | |
Motels | 1 for each guest sleeping room and in addition 1 for each 600 square feet of nonrentable floor space exclusive of basements | |
Places of worship, theaters, auditoriums, athletic fields or other places of public assembly | 1 for each 3 seats or, in places without seats, 1 for each 100 square feet of floor space used for public assembly | |
Bowling alleys | 4 for each bowling lane | |
Nursing homes | 1 for each 3 patient beds and 1 for each employee, including medical, nursing and service staff | |
Retail or service businesses | 1 for each 200 square feet of gross floor area | |
Nursery businesses | 1 for each 150 square feet of gross floor area, plus 1 for each 1,500 square feet of outdoor sales or display area; for a nonretail nursery or greenhouse area, 1 per employee, plus 1 for each commercial vehicle garaged on the lot | |
Restaurants and cafeterias | 1 for each 3 seats or 1 for each 75 square feet of gross floor area, whichever is greater | |
Cabarets, bars and fast-food restaurants | 1 per employee on the largest work shift, plus 1 for each 50 square feet of gross floor area | |
Accessory wine bars and cafes | 1 for each 150 square feet of gross floor area | |
Carry-out restaurants | 1 for each 200 square feet of gross floor area | |
Professional or business offices or studios (other than accessory to a residential use) | For uses with less than 75,000 square feet of gross floor area, 1 for each 250 square feet of floor area; for uses with 75,000 square feet or more of gross floor area, 1 for each 300 square feet of gross floor area, except in an OB District, where 0.9 per employee, but not less than 1 for each 350 square feet of gross floor area | |
Funeral homes | 1 per employee, plus 1 per 50 square feet of gross floor space in assembly rooms, plus 1 for each commercial vehicle garaged on the lot | |
Medical, dental or veterinary offices | 1 per employee, plus 4 for each practitioner maintaining an office | |
Manufacturing or industrial uses | 1 per employee on the largest work shift, but not fewer than 1 per 375 square feet of gross floor area, plus 1 for each commercial vehicle garaged on the lot | |
Assemblage of pre-cut metal and aluminum | 1 space per 1,200 square feet of gross floor area | |
Wholesale, utility or uses | 1 per employee on the largest other similar commercial work shift, but not fewer than 1 per 750 square feet of gross floor area, plus 1 for each commercial vehicle garaged on the lot | |
Warehouse or storage uses | 1 per employee on the largest work shift, but not fewer than 1 per 1,200 square feet of gross floor area, plus 1 for each commercial vehicle garaged on the lot | |
Wood processing | 1 space per 1,200 square feet of gross floor area | |
Day-care centers | 1 for every 5 children, as determined by the maximum number of children that may attend the facility, and 1 for each staff member. For day-care centers which will have more than 125 students, the parking requirements may be reduced to 1 space per 8 children. For facilities where vans are used for staff transportation, applicants may apply at the time of their special use permit review for some reduction in staff parking. | |
Family day-care centers and group family day-care centers | 1 for every 6 children, as determined by the maximum number of children that may attend the facility, plus 1 for each staff member | |
Taxi and limousine dispatch facilities | 1 for each 250 square feet of gross floor area, plus 1 for each employee (including drivers) on the maximum shift | |
Auto impound (tow storage) | 1 for each 3,000 square feet of site area; all required off-street parking shall be located outside of any secured vehicle storage area | |
Assisted-living communities | Not less than 0.3 for each assisted-living unit therein, plus 1 for each employee on the maximum shift | |
Fine arts instruction schools | 1 for each 250 square feet of gross floor area | |
Commercial dog care facility | 1 for each 250 square feet of gross floor area | |
Day camp | 1 space per employee |
B.
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.
§ 355-58 Off-street loading requirements.
Off-street loading and unloading facilities shall be located on the same site with the use to be served, except as provided in § 355-56A, and shall be provided as follows:
A.
Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width.
B.
Location. Off-street loading spaces may be located within any structure, within a side or rear yard or within a required off-street parking area, provided that such spaces do not bar access to such parking area or any parking space.
C.
Required number of spaces.
(1)
For retail and service business establishments, restaurants, cafeterias, fast-food restaurants and cabarets, a minimum of one space for the first 4,000 square feet of gross floor area or major portion thereof and one additional space for each additional 10,000 square feet of gross floor area or major portion thereof.
(2)
For office establishments, a minimum of one space for the first 10,000 square feet of gross floor area, plus one space for each additional 100,000 square feet of gross floor area or major part thereof, except that no spaces are required for buildings of less than 5,000 square feet of gross floor area.
(3)
For wholesale business, industry, storage, warehouse and other commercial establishments, a minimum of 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 of gross floor area.
(4)
Upon consideration of all factors entering into the loading and unloading needs of each use, the Planning Board may make appropriate reductions in the loading requirements of the above structures and uses and may determine reasonable and appropriate loading requirements for structures and uses which do not fall within the categories listed above.
(5)
The Town Board, in granting a special permit application, may require additional reasonable and appropriate off-street loading spaces where it determines that such is necessary for the loading and unloading needs of such use.
D.
Improvement of loading facilities. Off-street loading and unloading facilities shall be subject to the same minimum improvement requirements as set forth for parking facilities in § 355-56, except that the Planning Board may, on recommendation of the Town Engineer, require the surfacing of all or part of any such loading area to consist of reinforced poured or reinforced prefab concrete.
§ 355-59 Driveways.
A.
General. 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 the approval of the Town Engineer, except where such are part of a use subject to special permit or site development plan approval, in accordance with §§ 355-33 through 355-53, in which case they shall be subject to Planning Board and/or Town Board approval.
B.
Driveway grades.
(1)
The maximum grade for any new driveway accessory to a single-family dwelling, and connecting its off-street parking area to a street, shall be 14%, except that where it can be demonstrated to the satisfaction of the Town Engineer that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway grade of less than 14% is impractical, the construction of a steeper driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required.
(2)
The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed 7%, except that the Town Engineer shall have the same power to permit increased grades here as in Subsection B(1) above.
(3)
Notwithstanding the maximum permitted grades specified in Subsection B(1), no driveway serving a single-family dwelling shall have a grade in excess of 4% in the platform area, which is that portion of the driveway which is within 35 feet of the center line of the travelled way of the street, or within 10 feet of the right-of-way line of the street, whichever distance is greater, except that the Town Engineer shall have the same power to permit increased grades here as in Subsection B(1) above.
(4)
Notwithstanding the maximum permitted grades specified in Subsection B(2), no driveway serving a use other than a single-family dwelling shall have a grade in excess of 3% in the platform area, which is that portion of the driveway which is within 50 feet of the center line of the travelled way of the street, or within 25 feet of the right-of-way line of the street, whichever distance is greater, except that the Town Engineer shall have the same power to permit increased grades here as in Subsection B(1) above. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.
C.
Driveway alignment and location. Any driveway entering into a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of the driveway, as required by Subsection B above, shall be aligned at approximately right angles to the street or as recommended by the Town Engineer.
D.
Sight distance. Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform area of any new driveway will have an unobstructed view of the highway for at least 200 feet in either direction, and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway.
E.
Driveway surface. All driveways shall be improved and suitably maintained to the extent deemed necessary by the Town Engineer to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands, except where such are part of a use subject to special permit or site development plan approval, in accordance with §§ 355-33 through 355-39 and §§ 355-41 through 355-53, in which case they shall be subject to Planning Board and/or Town Board approval.
F.
Multiple driveway curb cuts and driveway courtyards. No more than one curb cut providing driveway access to a lot containing a one-family dwelling shall be permitted unless the Planning Board determines that more than one curb cut is appropriate. Where a driveway courtyard is proposed on a lot containing a one-family dwelling, the nearest edge of such driveway courtyard shall not be located in a front yard unless it is set back from the front lot line a distance equal to that required for a principal building in the district in which such lot is located. Such driveway courtyard or second curb cut shall also be located wholly outside any wetlands or adjacent area as defined in the Town Code.
[Added 5-14-2008 by L.L. No. 7-2008]