All structures and land uses hereafter erected, enlarged or extended shall be provided with the amount of off-street automobile parking space and loading and unloading space required by the terms of this article, to meet the needs of persons making use of such structures or land. A permit for the erection, replacement, reconstruction, extension or substantial alteration of a structure or the development of a land use shall not be issued unless off-street automobile parking facilities and, where required, loading and unloading spaces shall have been laid out in accordance with the appropriate requirements for structures and uses, as set forth in this article. As used herein, parking facilities shall be constructed to include loading and unloading spaces required by this article.

No building permit shall be issued and no building or use shall be established where such building or use includes underground or other forms of tiered parking, except in conformity with a special use permit, approved in accordance with Article XXIX of this chapter. Underground and other forms of tiered parking shall also be subject to § 248-269B of this chapter.

Structures and land uses in existence at the time this article becomes effective or structures and uses for which building permits have been approved at the time this article becomes effective shall not be subject to the requirements set forth in this article, unless there shall occur an increased intensity of use, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirement, in which case they may not be reduced below such requirement.

Whenever a building or structure erected prior to or after the effective date of this article or any land use shall undergo any increase in intensity of use in the number of dwelling units, floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for required parking facilities or from other causes, and further when said increase would result in a requirement for additional parking facilities through application of the Schedule of Requirements[1] of this article, additional parking facilities shall be provided accordingly, except that no building or structure erected prior to the effective date of this amendment shall be required to provide parking facilities unless the aforesaid additional required facilities amount to a cumulative total increase of at least 50% over the existing use, as of the effective date of this article, in which case parking spaces shall be provided on the basis of the total units of measurements of the new use or of the altered or expanded existing use.[2]

Required off-street parking facilities which after development are later dedicated or leased to and accepted by the Incorporated Village of Westbury shall be deemed to continue to serve the uses or structures to meet the requirements for which they were originally provided.

The off-street facilities which are required by this article shall be provided on the same lot or premises with such structure or land use, except that off-street parking spaces required for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots. In any residence district, no off-street parking facility shall be developed within any required front yard, or required side yard adjacent to a street line, or within any other side or rear yard within three feet of the lot line.

At-grade parking under buildings. At-grade parking under a building shall be prohibited, except that, as part of the process of site development plan or special use permit approval, as appropriate, the reviewing authority may permit such parking where it does not face a street or in other situations where it is screened by architectural features or evergreen planting. In no case shall the amount of at-grade parking under a building exceed 30% of the building's coverage, and the reviewing authority shall determine under which portion of the building such at-grade parking may be located. At-grade parking under a building shall (other than a single-family dwelling or a two-family dwelling) include all at-grade under-building parking provided, including, without limitation, parking in individual enclosed private garages assigned to individual apartment units or commercial units or parking in an enclosed or nonenclosed private or public parking area. Parking at grade under a building shall include all auto usage driveways or other means of access to or egress from any such parking spaces. This subsection does not pertain to depressed parking surrounding a building and does not pertain to enclosed parking garages located entirely below grade.

Underground and other forms of tiered parking facilities; limitations. Underground and other forms of tiered parking facilities shall not be permitted in Residence A, Residence B or Residence C Districts, and in any other district shall not exceed one level below or above the ground level. In no case shall underground or other forms of tiered parking facilities be built beneath or above those portions of a site that are subject to required setbacks at grade level, except for driveways and walkways providing vehicular or pedestrian ingress thereto, or parking facilities shall be screened architecturally or by evergreen planting when fronting on a street. In processing special use permits for uses, including underground or other forms of tiered parking facilities, the Board of Trustees shall determine on which portion or portions of the site such parking facilities shall be located.

Each required parking space shall be not less than nine feet wide nor less than 20 feet long, except that not more than 20% of the area devoted to required parking may have stalls for compact cars, and such stalls would have minimum dimensions of eight feet in width and 15 feet in length, provided that such spaces are conspicuously posted by signs indicating that such spaces are for small cars only.

The gross area devoted to parking, including aisles, shall average at least 350 square feet per parking space to assure adequate aisle widths.

All required parking facilities shall be graded, paved, drained and suitably maintained to the satisfaction of the Building Inspector and/or Superintendent of Buildings to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or abutting property. Where the Building Inspector and/or Superintendent of Buildings deems necessary, he may require suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

In all off-street parking areas containing 25 or more parking spaces, at least 6% of the total parking area shall be curbed and landscaped with appropriate trees, shrubs and other plant materials as determined necessary by the reviewing authority to assure the establishment of a safe, convenient and attractive parking facility. Whenever possible, raised planting islands at least eight feet in width shall be used to separate opposing rows of parking spaces so as to provide adequate space for plant growth and for pedestrian circulation. 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.

The selection, amount and location of all landscaping materials shall be subject to approval by the reviewing authority, based upon consideration of the adequacy of the proposed landscaping to serve its intended purpose with a minimum amount of maintenance problems, including plant care, snowplowing and leaf removal. At least one tree, of not less than three inches caliper at a height of three feet above grade, shall be provided within such parking area for each 12 parking spaces.

All landscaping shall continue to be maintained in a healthy growing condition throughout the duration of the structure or use which it is intended to serve.

It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the approving authority, will screen the parking area involved from the neighboring street or residential area. Non-evergreen planting may supplement evergreen planting but not take its place.

The plan and specifications for such planting shall be filed with the plans for the use of the lot.

Required planting shall be properly trimmed and maintained in good condition at all times.

A wall or fence, of location, height, design and materials approved by the approving authority as providing equivalent screening, may be substituted for part or all of the required planting.

All screening must be suitably maintained throughout the duration of the structure or use which it is intended to serve.

For retail and service business establishments, restaurants and other places serving food and beverages: one space for the first 10,000 square feet of floor area or portion thereof, provided that it is in excess of 1,500 square feet used for business purposes, and one space for each additional 10,000 square feet or major portion thereof.

For industry, wholesale business, storage warehouses and other commercial establishments: one space for the first 5,000 square feet or portion thereof in excess of 1,500 square feet used for such purposes and one additional space for each 10,000 square feet or major portion thereof in excess of the first 5,000 square feet.

For research laboratories and office buildings: one space for the first 25,000 square feet or major portion thereof and one space for each additional 150,000 square feet or major portion thereof.

Where, because of the special nature of a particular business or industrial use, the reviewing authority determines that the above amount of off-street loading space would exceed the actual need, at least initially, the reviewing authority may permit the construction of a lesser number of such spaces, provided that the site plan indicates the location of potential additional loading spaces which the reviewing authority determines may be needed in the future and contains adequate notations to assure the eventual construction of such spaces, if and when the need for them is determined by the reviewing authority.

Each off-street loading space shall be at least 15 feet in width and 35 feet in length.