[Added 11-2-1961]
[Amended 9-21-1989 by L.L. No. 6-1989]
A. 
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.
B. 
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.
A. 
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.
B. 
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]
[1]
Editor's Note: See § 248-279.
[2]
Editor's Note: Local Law No. 3-1999, adopted 12-2-1999, provides that this provision shall be eliminated from this Code on January 1, 2005.
C. 
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.
A. 
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.
B. 
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.
[Added 7-30-1985 by L.L. No. 5-1985; amended 6-16-2005 by L.L. No. 4-2005]
C. 
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.
[Added 9-21-1989 by L.L. No. 6-1989]
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 of each individual use on the lot except that the Board of Appeals may approve the joint use of parking space by two or more establishments on the same lot or on contiguous lots, the total capacity of which is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of this article by reason of variation in the probable time of maximum use by patrons or employees at such establishments, and provided that such approval of such joint use shall be automatically terminated upon a change of use at any such establishment.
[Amended 7-30-1985 by L.L. No. 5-1985]
The plans for the erection, replacement, reconstruction, extension or substantial alteration of any building or development of a land use, when submitted to the Building Inspector and/or Superintendent of Buildings with an application for a building permit and/or a certificate of occupancy, shall show by means of a plot plan, drawn to scale, the specific location and size of the off-street parking facilities required to comply with this article and the means of access to such parking spaces from the public streets or highways and, except for single-family and two-family residences, the plan for traffic access, traffic circulation and general layout of the parking facility, if not previously approved in accordance with Articles XXVIII or XXIX of this chapter, shall be approved by the Building Inspector and/or Superintendent of Buildings with regard to improvement, to safety of traffic on the public streets, to safety of pedestrians on public sidewalks and to safety and adequacy of access for cars and pedestrians using the parking facility before a permit and/or certificate shall be issued.
A. 
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.
[Amended 1-20-1983 by L.L. No. 1-1983]
B. 
The gross area devoted to parking, including aisles, shall average at least 350 square feet per parking space to assure adequate aisle widths.
C. 
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.
[Added 7-30-1985 by L.L. No. 5-1985]
A. 
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.
B. 
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.
C. 
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.
[Added 7-30-1985 by L.L. No. 5-1985]
Except with regard to parking provided for one-family and two-family dwellings, suitable landscaping and screening shall be provided between parking areas and adjoining streets and residential properties, in accordance with the following provisions:
A. 
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.
B. 
The plan and specifications for such planting shall be filed with the plans for the use of the lot.
C. 
Required planting shall be properly trimmed and maintained in good condition at all times.
D. 
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.
E. 
All screening must be suitably maintained throughout the duration of the structure or use which it is intended to serve.
Required off-street parking facilities shall be completed before a certificate of occupancy shall be issued, and said parking facilities shall be maintained as long as the structure or use exists which the facilities are designed to serve.
Where, because of limitations of size, dimensions or topography of lot, an applicant for the building permit in a business district finds it impracticable to provide all or a portion of the off-street parking spaces required by §§ 248-279 and 248-280 herein in connection with a proposed building or addition, he may grant and convey to the Incorporated Village of Westbury and the Board of Trustees of the Incorporated Village of Westbury, at its discretion, may accept appropriately located and developed land for commercial parking as an allowed use equivalent, provided that said land is permanently dedicated to the Village.[1]
[1]
Editor's Note: Former § 50-197, Definitions, which immediately followed this section, was repealed 7-30-1985 by L.L. No. 5-1985. For current provisions, see § 248-2, Definitions and word use.
For any use not enumerated in this article, the Board of Appeals shall prescribe off-street parking and loading and unloading requirements. These shall be consistent with comparable spaces permitted or required for similar uses of land and building by this article. Said Board of Appeals may not permit a lesser amount of space than this article requires for an increased intensity of use, except as provided in § 248-271 hereof, and may not permit a reduction or elimination of existing spaces already in use unless such existing spaces are in excess of the requirements of this article.
The provisions of this article shall not be effective or apply to Business AA Districts but shall apply and be effective in all other districts as set forth in Article III, § 248-3.
[Amended 2-18-1965; 7-30-1985 by L.L. No. 5-1985; 11-17-1988 by L.L. No. 5-1988; 11-3-1994 by L.L. No. 5-1994; 2-6-1997 by L.L. No. 3-1997; 7-20-2006 by L.L. No. 3-2006; 12-5-2019 by L.L. No. 7-2019]
Use
Minimum Required Off-Street Parking
(spaces)
Single-family and 2-family dwellings
2 for each dwelling unit; and where a part of the dwelling is used as a professional office by a doctor or dentist, 2 additional; or where a part of the dwelling is used as a professional office by any other professional person, 1 additional
Multiple dwellings
1/2 space per micro unit and studio unit; 1 space per one-bedroom unit; 1 space per bedroom per two-bedroom unit and 1 space per each additional bedroom thereafter; in no case shall any attached housing, townhouse or multiple dwelling residential unit have less than 1.1 spaces per unit across the entire building.
Professional office or home occupation permitted in a residential zone as an accessory zone
2 in addition to spaces required for residential uses; medical or dental offices shall have 4 in addition to spaces required for residential uses
Retail or service business
1 for each 250 square feet of gross floor area
Living plant retail business
1 for each 150 square feet of gross floor area plus 1 for each 1,500 square feet of outdoor sales or display area
Business or professional office, financial institution
1 for each employee, but not less than 1 for each 250 square feet of gross floor area
Restaurant
1 for each 100 square feet of gross floor area, or 1 for each 5 seats, whichever requirement is greater, and, in addition thereto, where counter service is provided, such additional parking as may be required by the reviewing authority
Cabaret or bar
1 for each 50 square feet of gross floor area, or 1 for each 3 seats, whichever requirement is greater and, in addition thereto, where counter service is provided, such additional parking as may be required by the reviewing authority
Fast-food restaurant
1 for each 25 square feet of gross floor area for the first 1,000 square feet plus 1 for each additional 35 square feet of gross floor area thereafter
Bowling center
5 per bowling lane
Theater, auditorium, stadium or other place of public assembly, including a place of worship
1 for each 3 fixed seats or 1 for each 50 square feet of gross floor area, whichever requirement is greater
Church or other place of worship
1 for each 3 fixed seats or 1 for each 50 square feet of floor area which is used for worship space or public assembly, including but not limited to sanctuaries, meeting halls, gymnasiums and classrooms, whichever requirement is greater
Funeral home
1 for each 50 square feet of area in assembly rooms
Small animal hospital
1 per employee plus 1 per 400 square feet of gross floor area
Motor vehicle service station
1 for each 1,000 square feet of site area; spaces within service areas of buildings and at pumps and access lanes thereto shall not be counted
Research and development laboratories
3 for each 4 persons employed on the maximum shift, or 1 for each 500 square feet of gross floor area, whichever requirement is greater
Light industry and manufacturing
1 for each person employed on the maximum shift, or 1 for each 300 square feet of gross floor area, whichever requirement is greater
Wholesale or other similar commercial use
1 for each person employed on the maximum shift, or 1 for each 800 square feet of gross floor area, whichever requirement is greater
Warehousing, storage or utility use
1 for each person employed on the maximum shift, or 1 for each 2,500 square feet of gross floor area, whichever requirement is greater
Library
1 for each 400 square feet of gross floor area
Taxicab terminal
1 per each nondriver employee and 1 per each authorized taxicab vehicle
[Amended 7-30-1985 by L.L. No. 5-1985]
Off-street loading facilities shall be located on the same lot with the use to be served and shall meet the following requirements:
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
Each off-street loading space shall be at least 15 feet in width and 35 feet in length.