Yorktown City Zoning Code
ARTICLE XIX
Off-Street Parking, Loading and Vehicular Access
§ 300-179 General requirements.
It is the intention of this chapter that all structures and land uses shall be provided with a sufficient amount of off-street motor vehicle parking to meet the needs of persons employed at or making use of such structures or land uses and sufficient off-street loading facilities to meet the needs of persons using such structures or lands.
§ 300-180 Plans to show required spaces; spaces required prior to issuance of permits.
A.
The plans for any new building or expansion of an existing building, when submitted for a building permit, shall show specifically the metes and bounds dimensions of all property lines, shall show specifically the location and size and type of improvements of the off-street parking areas and/or loading spaces required to comply with this chapter and the means of access to the same from the public streets or highways.
B.
Except for residences, no building permit shall be issued until such plan for parking and loading spaces and access to it and required improvement is approved by the Planning Board, which shall determine that traffic access, traffic circulation and general layout of the parking facility and landscaping, as required, are planned with regard to safety to traffic on the public street and safety and adequacy of access for cars and pedestrians using the parking facility, and such plan shall be maintained in accordance with the site plan approval.
[Amended 11-17-1998 by L.L. No. 28-1998; 8-2-2016 by L.L. No. 18-2016]
(1)
The Building Inspector may issue a building permit for any nonresidential building extension and/or expansion when said extension and/or expansion does not trigger the need for additional parking beyond that already provided on the site, upon the following:
(a)
The Building Inspector is provided plans prepared by a licensed design professional, bearing said professional's seal and signature, and the plans show the proposed alteration, modification and/or extension and all changes to the existing structure.
(b)
The Director of Planning must confirm that the existing site is in conformity with the currently approved site plan.
(c)
The Board having current approval authority over a site/parking plan for the site shall issue a finding that the proposed alteration, modification and/or extension does not conflict with the most recent prior approval and that said alteration, modification and/or extension is sufficiently minor in nature, so that there was no need to hold a public hearing on the proposed alteration, modification and/or extension.
(d)
The Building Inspector shall not issue any such permit until 18 months have lapsed from the date the certificate of occupancy is issued following the approval of the current approved site plan.
(e)
Once approved, a copy of the application for the building permit with the approved plans shall be furnished to the board having current approval authority over the site's site plan/parking plan.
C.
No certificate of occupancy shall be issued for any building or land use until the required off-street parking area(s) have been established.
§ 300-181 Existing structures and uses.
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, 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 structure or uses 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 may already be in existence unless it is in excess of requirements.
C.
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.
D.
Parking requirements for land in any special district that is developed for nonresidential use shall be in accordance with the regulations for such district as shown on the schedule of regulations[1] and in §§ 300-37 through 300-75.
[1]
Editor's Note: See § 300-21, Schedule of Regulations, Appendix A, Residence Zone Standards, and Appendix B, Business and Industry Zone Standards, which appendixes are included at the end of this chapter.
§ 300-182 Off-street parking requirements.
A.
Off-street motor vehicle parking facilities shall be provided as shown on the Schedule of Regulations[1] and as supplemented below, except where additional parking requirements may be made as a condition of the issuance of a special permit under Article VII, or as may be modified under the provisions of § 300-181 above or in the provisions pertaining to off-street parking requirements applicable to special districts:
[Amended 4-5-1994 by L.L. No. 10-1994; 7-19-2005 by L.L. No. 8-2005; 1-8-2013 by L.L. No. 1-2013[2]]
(1)
Multifamily dwellings for three or more families: 2.2 spaces for each dwelling unit. At least 60% of the required spaces shall be located within 200 feet by the most direct walking route to and shall be readily accessible to the main entrance or entrances of the multifamily dwelling units they serve. Parking for the handicapped shall be included in the 2.2 spaces required. The number of parking spaces for the handicapped shall be as required by the New York State Uniform Fire Prevention and Building Code.
(2)
Attached housing when developed as an entity: the requirement for multifamily as set forth in Subsection A(l) above.
(3)
Retail use as set forth below:
(a)
C-1, C-2, C-3, CR and C-4 Districts: four spaces per 1,000 square feet of gross floor area.
(b)
All other nonresidential districts, except CRC Districts: four spaces per 1,000 square feet of gross floor area. For requirements for CRC special districts, see § 300-89A(2).
(4)
Office for business or professional use: four spaces per 1,000 square feet of gross floor area.
(5)
Restaurant or place dispensing food or drink: one space for each 50 square feet of floor area devoted to patron use, plus one space for each 100 square feet of food preparation and ancillary use.
(6)
Wholesale, storage, utility or other commercial building or use: one space for each two persons for which the building use is designed.
(7)
Theater, auditorium, athletic field or other place of public assembly, other than a church: one space for each five seats in such place of assembly.
(8)
Church or other place of worship: one space for each four seats or pew spaces.
(9)
Bowling alley or other center of public amusement, the capacity of which cannot be measured in terms of seats: one space for each 200 square feet of floor space devoted to patron use.
(10)
Funeral parlor or undertaking establishment: 10 spaces, plus one space for each two persons working in such establishment.
(11)
Garage or automobile repair shop: 10 spaces, plus one space for each two persons working in such establishment.
(12)
Professional office or home occupation permitted in a residential zone as an accessory use: four spaces in addition to spaces required for residential units.
(13)
Tourist or rooming house: one space for each guest sleeping room, plus one space for each 600 square feet of floor space not used for sleeping rooms, exclusive of basements, but including dining rooms, lounges and other similar places.
(14)
Banquet hall establishment not otherwise operating as a restaurant: one space for each three seats of the maximum capacity, plus one space for each 200 square feet of gross floor area. The parking requirement can be met by obtaining a special permit for valet parking from the Planning Board pursuant to § 300-69 of this chapter. A reduction of 25% in the parking requirement shall not be granted for this use.
[1]
Editor's Note: See § 300-21, Schedule of Regulations, Appendix A, Residence Zone Standards, and Appendix B, Business and Industry Zone Standards, which appendixes are included at the end of this chapter.
[2]
Editor's Note: Section V of this local law also provided that it does not apply to the application filed with the Planning Board on June 30, 2010, by Retail Store Construction Co. c/o Breslin Realty Development for site approval of proposed development of a parcel located at Section/Block/Lot 26.18-1-17, 18 and 19 and SBL 26.19-1-1. Said Section V was subsequently repealed 6-2-2015 by L.L. No. 7-2015.
B.
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within categories listed above shall be determined in each case by the Planning Board, which shall consider all factors entering into the parking needs of each such use.
C.
Joint use.
(1)
Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot.
(2)
The Planning Board may approve the elimination of the construction of a portion of such required parking and allow for the joint use of parking space by two or more establishments on the same or on contiguous lots under the same ownership, (the total capacity of which space is less than the sum of the spaces required for each), provided that said Board finds that the number of spaces to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments.
(3)
The provisions of this section require the filing in the County Clerk's office of appropriate covenants, approved by the Board, which shall provide that approval of such joint use shall be automatically terminated upon the termination of the operation of any one such establishment. Upon such termination, the required parking area shall be constructed.
D.
In all cases where parking is required, the number of parking spaces for the handicapped shall be provided as required by the New York State Uniform Fire Prevention and Building Code.
E.
Since employee parking requires less space per car than customer parking as the cars are moved less frequently, the Planning Board may permit the reduction of the parking space size for employee parking from 8.5 feet by 18.5 feet to eight feet by 18.5 feet.
F.
Except in CRC special districts, the Planning Board may, where special site conditions exist and under appropriate conditions, permit separate locations for different size cars. When parking for 20 or more cars is required, the following guidelines shall be used for separate locations:
[Amended 1-8-2013 by L.L. No. 1-2013[3]]
(1)
A maximum of 20% of spaces can be reduced to 7.5 feet by 15 feet, which is sufficient for the parking space of small and compact cars.
(2)
The balance (80%) of spaces shall be suitable for large and midsize cars, i.e., nine feet by 18 feet; alternately, 35% of spaces may have the dimensions required for midsize cars, i.e., nine feet by 16.5 feet, and the balance (45%) for large cars, i.e., nine feet by 18 feet.
[3]
Editor’s Note: Section V of this local law also provided that it does not apply to the application filed with the Planning Board on June 30, 2010, by Retail Store Construction Co. c/o Breslin Realty Development for site approval of proposed development of a parcel located at Section/Block/Lot 26.18-1-17, 18 and 19 and SBL 26.19-1-1. Said Section V was subsequently repealed 6-2-2015 by L.L. No. 7-2015.
G.
In CRC special districts, parking dimensions shall be determined in accordance with § 300-89A.
[Amended 1-8-2013 by L.L. No. 2-2013]
H.
Commercial site plans.
[Added 3-8-2000 by L.L. No. 7-2000]
(1)
It is the purpose and intent of this Subsection H to promote the revitalization and redevelopment of the Town's commercial centers by providing for additional square footage of allowable building space in relation to the required parking and allowing uses which might otherwise be restricted by the off-street parking requirements.
(2)
It is the intent of this Subsection H to give the Planning Board the discretion to reduce the number of required off-street parking spaces for site plans for nonresidential development, thereby allowing for greater square footage of buildings, additional landscaping and other site amenities (e.g., outdoor patios, pedestrian walkways, pocket parks, etc.)
(3)
The Planning Board may approve nonresidential site plans with a reduction of up to 25% in required off-street parking. The twenty-five-percent reduction is in addition to allowing for conservation spaces.
(4)
The Planning Board may reduce the required parking upon findings and determinations that:
(a)
There is additional off-street parking, either private parking or public parking, available in close proximity to the site to be developed.
(b)
The proposed or allowable uses on the site provide for varying peak hours of operation (e.g., the site will contain office uses and restaurant uses).
(c)
The site can provide or has pedestrian access from adjacent commercial (nonresidential) developments.
(d)
The site owner shall agree to accept shared parking from adjacent or proximate nonresidential developments.
(e)
There is available public parking adjacent or in proximity to the site.
(5)
The Planning Board need not find all of the above findings and determinations to approve a reduction in off-street parking. It shall be sufficient that the Planning Board finds that the reduced off-street parking in the site will promote the purpose and intent of this section.
(6)
The Planning Board may, upon reducing the number of required off-street parking, restrict certain allowable uses to a certain percent of overall square footage of proposed development (e.g., restrict restaurant use to a certain square footage).
(7)
The Planning Board may also provide for such other conditions of approval as it sees necessary in allowing for a reduction in off-street parking requirements.
§ 300-183 Layout and location of parking facilities.
A.
The required off-street parking facilities shall be provided on the same lot or premises as the structure or land use they serve, except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots, and except that the Planning Board may permit all or part of the required spaces to be located on any lot within 500 feet of the building, in any nonresidential district, if said Board determines that it is impractical to provide parking on the same lot as the building and appropriate covenants are approved by the Board and filed in the office of the County Clerk.
B.
In any residence district, no required off-street parking facility shall be developed within the required front yard to serve other than residential uses, nor shall be developed within five feet of a side or rear lot line.
§ 300-184 Improvement of parking facilities.
Required off-street parking facilities may be enclosed in a structure or may be open, provided that all such facilities shall be graded, surfaced, drained and suitably improved to the satisfaction of the approving authority to the extent necessary to avoid nuisances of dust, erosion or excessive waterflow across public ways or adjacent lands. In appropriate situations, the approving authority may require the plan to provide for suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
§ 300-185 Operation and maintenance of off-street parking facilities.
Required off-street parking facilities shall be maintained, in a manner acceptable to the Board, as long as the use or structure for which the facilities are designed to serve exists. The Town Engineer, pursuant to § 300-199 of this chapter, has the responsibility to monitor this requirement. Required parking areas developed for specific structures and uses shall be reserved, at all times, to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Town as public parking areas.
§ 300-186 Off-street loading requirements.
A.
Except as otherwise set forth in this chapter for a special district, off-street loading and unloading facilities, as defined in this chapter, shall be located on the same site as the use to be served and shall be provided as follows:
[Amended 1-8-2013 by L.L. No. 1-2013[1]]
(1)
For retail and service business establishments, restaurants and other places serving food and beverages: one space for the first 4,000 square feet of floor area or major portion thereof used for business purposes and one additional space for each 40,000 square feet or major portion thereof in excess of 4,000 square feet.
(2)
For wholesale business, storage warehouses and other commercial establishments: one space for the first 10,000 square feet or major portion thereof used for such purpose, and one additional space for each 40,000 square feet or major portion thereof in excess of 10,000 square feet.
[1]
Editor’s Note: Section V of this local law also provided that it does not apply to the application filed with the Planning Board on June 30, 2010, by Retail Store Construction Co. c/o Breslin Realty Development for site approval of proposed development of a parcel located at Section/Block/Lot 26.18-1-17, 18 and 19 and SBL 26.19-1-1. Said Section V was subsequently repealed 6-2-2015 by L.L. No. 7-2015.
B.
Reasonable and appropriate off-street loading requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Planning Board which shall consider all factors entering into the loading and unloading needs of such use.