The requirement of off-street parking for a single use shall be determined directly from the schedule of requirements which is incorporated in this article. The requirement for a combination use shall be the sum of the requirements for each of the component uses as derived from the schedule of requirements. When the required number of spaces results in a fraction, it shall be increased to the next highest whole number. If the use is not specifically listed in the schedule, the requirements shall be the same as for the listed use most similar in generation of parking demand. Uses which require approval pursuant to the special exception use procedure of this chapter may be required to provide spaces in excess of the requirements of this article.

The provisions of this section shall not apply to any building, structure or lot lawfully in use at the effective date of this chapter, whether continued as a legal nonconforming use or thereafter converted or changed, without enlargement, to a different lawful use having the same parking and truck loading requirements. However, no building, structure or lot lawfully in use at the effective date of this chapter shall be enlarged or have a change in use which results in an increase in the parking demand unless the off-street parking and truck loading space requirements of this section are complied with for the proposed enlargement or increase in parking spaces as a result of a change in use only. It is intended by this provision that additional off-street parking and truck loading spaces shall be provided with respect to the proposed enlargement or change of use that increases the parking requirement beyond the nonconforming parking that exists before the change of use or addition was proposed, but no additional spaces shall be required with respect to the preexisting portions. However, conforming spaces actually provided at the time of the application, even if voluntary or informal and unimproved, shall be charged to the preexisting portions and shall be formalized and improved incident to construction of the addition.

Where the Planning Board shall determine that dedication of land or an easement is desirable to facilitate improvement of existing or proposed public parking facilities and vehicular circulation plans, as may be identified in the Village's Comprehensive Plan, and said dedication of land or easement is voluntarily and unconditionally offered to the Village for said purposes as a matter of public policy, the off-street parking requirements stipulated in § 197-21 may be waived, in whole or in part, by the Planning Board. The number of spaces that may be waived shall be calculated on the basis of one space per each 320 square feet of access way or travel aisle covered in the dedication or easement. No off-street parking fee, as required in § 197-24, shall be imposed for those spaces waived pursuant to these provisions. The applicant shall be required to make any improvement to the subject area to facilitate the goals of this section. In any event, in order to benefit from the waiver in this subsection, the applicant shall provide a minimum of two-thirds of the required number of parking spaces required in § 197-21. This provision does not eliminate the Planning Board's ability to require cross-access easements, or shared parking agreements with adjacent properties as a condition of a site plan approval. The benefit of this subsection applies only to voluntary dedication of land or easement and shall not apply to a cross-access easement imposed by the Planning Board.

Access driveways for off-street parking areas may have separate or combined entrances. Every separate entrance or exit driveway shall have a minimum unobstructed width of 12 feet. Every combined entrance and exit driveway shall have a minimum unobstructed width of 24 feet.

All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a ninety-degree angle with the aisle, 18 feet when the parking spaces are at an angle of 60° with the aisle and 12 feet when the parking spaces are at an angle of 45° with the aisle. Aisles and turning areas shall provide good internal circulation and shall be clearly marked with signs and pavement striping and arrows indicating direction of traffic flow.

Parking spaces shall have a minimum width of nine feet and a minimum length of 18 feet, and shall be delineated by markings on the pavement to consist of reflectorized traffic paint lines at least four inches in width. Parking spaces and interior aisles shall not be located within 10 feet of any property line except in those cases in which a parking area is designed to abut a parking area on an adjoining property so as to function as a single parking area. Such cases may only be approved by the Planning Board, which approval shall require the owner to execute an easement sufficient to allow the functioning of such an arrangement.

The physical improvements of off-street parking areas and access driveways shall include:

Waivers, amendments or modifications.

Every decision of the Board of Appeals which grants a variance waiving, varying or modifying the requirements of this article to the extent that the number of spaces required by this article for off-street parking and/or truck loading is reduced shall clearly set forth the extent of such variance or variances by stating the number of spaces required pursuant to this article, the reduced number of spaces required by reason of the decision by the Board of Appeals and the number of spaces thus avoided or waived by the determination of the Board of Appeals. The number of spaces so waived by the Board of Appeals shall constitute the number of spaces for which a variance is granted.

Every such variance granted by the Board of Appeals waiving, varying or modifying the requirements of this article for off-street parking and/or truck loading spaces in whole or in part, where the premises are located in any zoning district, shall be made subject to a condition requiring the payment of a sum of money known as the “off-street parking space fee” to the Village of Westhampton Beach. The Board of Trustees shall determine the sum to be paid for each and every space as to which a variance or waiver is granted, which said sum shall constitute a trust fund to be used by the Board of Trustees exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes. The payment of the off-street parking space fee shall be made a condition for each variance granted. The provisions of this section shall not apply to any premises used as a one- or two-family dwelling.

The amount of the per-space sum required to be paid to the Village for each and every space for which a variance is granted shall be $6,500.

There is hereby created a Village of Westhampton Beach Public Off-Street Parking and Truck Loading Space Trust Fund to be used by the Board of Trustees exclusively for off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes.

State-chartered churches, libraries, schools and not-for-profit performing arts centers within the Business 1 District shall be exempt from any obligation under this section to contribute moneys to a trust fund upon the granting of variances to the off-street parking and/or truck loading space requirements.

Any foregoing provision under this section to the contrary notwithstanding, the Board of Trustees reserves the authority to receive by grant, gift, devise or other means of transfer or conveyance of real property land in an improved or unimproved condition limited in use to off-street parking, including access thereto, including transfers or conveyances conditioned on a waiver from the Village of Westhampton Beach of all or parts of the transferor's required number of spaces under § 197-20, subject to the following: