No building shall hereafter be erected, altered
or extended for any gasoline service station or garage when, on any
portion of a street between two intersecting streets, there exists
an entrance or exit to a public school or in which portion there exists
a hospital and, in no case, within 200 feet of any charitable institution.
This protection shall also apply to any other duly organized school
under the jurisdiction of the Board of Education of the State of New
York, to a public library, church, hospital or orphanage. These provisions
apply also to religious schools.
[Amended 1-5-1976 by L.L. No. 3-1976; 11-18-1985 by L.L. No.
11-1985; 3-2-1998 by L.L. No. 1-1998]
A.
In a one- or two-family district, the premises is
required to provide garage space. Such garage space shall not be for
more than three vehicles. The parking or storage of a commercial vehicle
on a lot in any residence district shall not be deemed an accessory
use and is prohibited. However, the parking or storage of one commercial
vehicle not exceeding a carrying capacity of 1 1/2 tons, owned
and used by the owner or tenant of the lot, wholly within a closed
private garage located on said lot, shall be deemed an accessory use
and is permitted.
B.
Whenever a one-family dwelling shall hereafter be
erected, there shall be erected and maintained on the same premises
a one-car garage.
C.
Whenever a two-family dwelling shall hereafter be
erected, there shall be erected and maintained on the same premises
a two-car garage.
D.
No garage hereafter erected as an accessory to a one- or two-family dwelling shall be constructed below the level of the curb, as defined in § 81-2.
E.
All existing garages shall be maintained and kept
in good repair and, if destroyed or demolished by acts of God, condemnation,
governmental order or otherwise, shall be replaced within two years,
or such longer time as may be permitted by the Board of Trustees when
hardship prevents replacement within the prescribed period.
Where there is no garage or enclosure for a
car, one car other than a commercial vehicle may be kept in the rear
yard portion of the lot as accessory to the dwelling thereof.
[Amended 10-10-1974 by L.L. No. 2-1974]
Whenever an apartment house or multiple dwelling
shall hereafter be erected or altered for the use of three or more
families, provision must be made for garage space or off-street parking
space, which parking space shall be hard-surfaced and marked for each
car for private passenger automobiles only, in a number equal to no
less than 2 1/2 cars for each family or housekeeping unit in
each such apartment house or multiple dwelling. Said garage or parking
space shall be for the use only of tenants or occupants of such apartment
house or multiple dwelling and no others. Said garages shall not encroach
upon the rear yard, side yard or front yard requirements and shall
not exceed one story in height, and such garage or parking space shall
be erected on the plot or parcel upon which such apartment house or
multiple dwelling is erected or altered. Such garage, if erected in
the rear of the premises, shall be erected at least four feet from
the property lines.
A.
Garages in Dwelling A, B and C Districts shall not
be nearer the side or rear property lines than two feet; nor shall
they be nearer the street line than the greatest setback distance
of the street wall of the building; nor shall any garage which is
nearer to the street line than the rear wall of a dwelling be nearer
than four feet to any side lot line; no garages shall be nearer than
eight feet to any part of a dwelling.
[Amended 1-4-1988 by L.L. No. 1-1988; 7-20-2009 by L.L. No.
6-2009]
B.
The limitations imposed by this section upon the location
of a garage shall not apply when the garage is incorporated as an
integral part of an enclosed building to which it is accessory. No
part of the garage shall extend more than five feet beyond the main
front foundation wall when an integral part of the building except
that when the main front foundation wall of the dwelling of which
the garage is an integral part is set back from the street line at
a distance of more than 35 feet, the garage may extend more than five
feet beyond the main front foundation wall of the building but not
farther than the average setback distance on the block.
[Amended 1-27-1992 by L.L. No. 4-1992]
A.
Off-street parking must be provided on the same lot
with the building with no parking or parking spaces in rear yard,
side yard or front yard setback areas, except as otherwise provided
in this Code.
B.
No vehicles shall be permitted on an open lot or upon
an open spot in or about a dwelling except temporarily while going
to or from the dwelling house, except as otherwise provided in this
Code.
C.
Tiered parking or multiple-level parking is not permitted except where a special use permit is granted therefor pursuant to § 252-122.
[Amended 9-15-2003 by L.L. No. 8-2003]
D.
Underground parking shall only be permitted with the
approval of the Board of Trustees, after notice of public hearing.
A.
The foregoing provisions shall not apply to a lot
upon which cars are sold by dealers of new cars having a franchise.
Except as aforesaid, a dealer operating a showroom in the Village
and having a franchise for the sale of new cars from a manufacturer
or from a subsidiary of said manufacturer authorized to grant a franchise
to sell new cars in the Village may display for sale, upon a lot or
plot in such Village on Merrick Road between Horton and Ocean Avenues
and on Sunrise Highway between Horton and Ocean Avenues and on Broadway
between Sunrise Highway and Putnam Avenue, the used cars taken in
as a part of the purchase price of the said dealer's new cars; provided
that the lot upon which such used cars are displayed for sale holds
not more than 50 such used cars. The dealer may, in the sale of such
cars, take a car or cars as part of the purchase price or in exchange
for such used cars, and such used cars may be displayed for sale so
long as the dealer has a franchise for the sale of new cars and for
not more than six months thereafter, provided that a permit has been
issued as hereinafter provided.
B.
Any and all lights used upon said lots shall be so
arranged or shaded that they will not shine into buildings used for
dwelling purposes in or near the vicinity of said lots, and such lights
shall be extinguished no later than 10:00 p.m.
C.
No lot or plot shall be used for sale of such used
cars until the dealer has made application for and received a permit
therefor from the Village Clerk. Such application shall be signed
by the dealer and shall contain the following information:
(1)
The name and home address of the dealer.
(2)
That he has or will have a showroom in the Village
and the address thereof, in which showroom new cars are being or will
be displayed, within 30 days, and no used cars are to be displayed
or offered for sale on an open lot until new cars are shown in the
salesroom.
(3)
That he has a franchise to sell new cars and will
show same upon request.
(4)
The location of the lot in which such used cars will
be displayed and offered for sale.
D.
The dealer shall, upon request of the Board of Trustees,
furnish said Board of Trustees with a list of the names and addresses
from whom all such cars have been taken in trade as aforesaid, the
date of transaction, the make of car, motor or serial number of the
new car sold.
E.
The right to show and sell such used cars as aforesaid,
upon failure to comply with the conditions hereof shall cease if such
dealer refuses or neglects to give such list within a period of 10
days after the request therefor, and his permit shall be canceled
by the Village Clerk.
[Added 3-19-2007 by L.L. No. 5-2007[1]; amended 9-19-2011 by L.L. No. 9-2011; 7-17-2023 by L.L. No. 4-2023]
Minimum off-street automobile parking spaces
shall be provided for the following uses in any district as follows:
|
Type of Use
|
Number of Required Spaces
|
|---|---|
|
Multiple-family dwelling uses
|
See § 252-50
|
|
Retail uses and personal service uses
|
1 parking space for every 200 square feet of
gross floor area
|
|
Restaurant/ taverns, whether operated individually
or as accessory to a permitted use
|
1 parking space for each 5 seats or each 100
square feet of gross floor area, whichever is more
|
|
Churches and places of worship
|
1 parking space for each 3 seats or for each
100 square feet of gross floor area, whichever is greater. Where pews
or pew-like seating is provided, each 3 feet of linear seating space
shall be regarded as a seat
|
|
Office buildings, professional offices, banks
|
1 parking space for each 250 square feet of
gross floor area
|
|
Dance halls, cabaret-type entertainment establishments
|
1 parking space for each 5 seats or for each
100 square feet of gross floor area, whichever is greater
|
|
Health, tennis, swimming clubs
|
1 parking space for each 200 square feet of
gross floor area
|
|
Clubhouses or lodges
|
1 parking space for each 200 square feet of
gross floor area
|
|
All other places of public assembly
|
1 parking space for every 100 square feet of
gross floor area
|
|
Warehouses or wholesale uses
|
A minimum of 2 parking spaces, plus 1 parking
space for each 1,000 square feet of gross floor area
|
|
Wholesale outlets
|
1 parking space for each 200 square feet of
gross floor area
|
|
Animal hospitals
|
1 parking space for each 400 square feet of
gross floor area
|
|
Medical clinics
|
1 parking space for each 200 square feet of
gross floor area
|
|
Funeral homes
|
6 parking spaces per chapel or 1 parking space
per 100 square feet of gross floor area, including waiting rooms,
corridors and lobbies, whichever is greater
|
|
Manufacturing uses
|
1 parking space for each 2 employees, plus 1
parking space for each 1,000 square feet of gross floor area
|
|
Retail uses: furniture, carpet, appliance
|
1 parking space for 600 square feet of gross
floor area
|
|
Motor vehicle dealership
|
1 parking space for each 300 square feet of
gross floor area. Car inventory storage area shall not be computed
in square footage or gross floor area and shall not be utilized for
required off-street parking spaces
|
|
Automotive repair facility
|
1 parking space for each 300 square feet of
gross floor area
|
|
Day-care center
|
1 parking space for each employee and 1 space for each 15 children
|
|
Schools
|
1 parking space for every 250 square feet of gross floor area
plus off street loading space for at least one school bus for every
50 students plus an off street queuing lane equal to one car for every
25 students. In addition to the above, if the school is a high school,
there shall also be 1 parking space for every 3 students in 11th and
12th grades
|
[1]
Editor's Note: This local law repealed former
§ 252-54, Required off-street parking spaces, as amended.
[Added 3-19-2007 by L.L. No. 5-2007[1]]
A.
Existing uses. Every building, structure, lot or use erected, established or existing prior to the effective date of § 252-54 and this section shall be required to comply with the off-street parking requirements prescribed herein only where sufficient on-site parking area is actually being used for parking and then only to the extent possible to meet the parking requirements prescribed herein.
B.
Future uses. Every building, structure, lot or use erected or established after the effective date of § 252-54 and this section shall be required to comply with the off-street street parking requirements prescribed herein for the use or uses of such building, structure or lot.
C.
Future enlargements. After the effective date of § 252-54 and this section, if the building, structure, lot or use is enlarged or altered, the off-street parking requirements as specified for such use shall apply to such enlargement or alteration.
D.
Unspecified uses. The standard for parking requirements
for a use not specifically listed herein shall be the same as for
a listed use most similar in character as determined by the Superintendent.
E.
Change of use. Any change of use of a building, structure or lot on or after the effective date of § 252-54 and this section shall comply with such off-street parking requirements for each changed use.
F.
Multiple uses. Where any building, structure or lot contains two or more uses, the off-street parking requirements prescribed by § 252-54 for each specific use shall apply pro rata.
G.
Primary use of spaces. All permitted or required accessory
off-street spaces, open or enclosed, shall be used primarily for the
owners, occupants, employees, customers, residents or visitors of
the use or uses to which such spaces are accessory.
H.
Conditional certificates of occupancy. All certificates
of occupancy shall be conditioned upon the continuance and availability
of the parking spaces required for each specific use.
I.
Fees prohibited. No required off-street parking spaces
may be sold, leased or rented, nor any fee charged for the use thereof.
J.
Computing gross floor area: exclusions. For the purpose
of computing gross floor area in calculating required off-street parking
for a specific use or uses, water closets, bathrooms, cellars, mechanical
equipment rooms and stairwells shall be excluded.
K.
Lighting. All parking areas, except single-family
and two-family dwellings, shall be adequately lighted for safety purposes
during nighttime hours. All such lighting shall be directed away from
residential areas.
L.
Surfacing. All open or enclosed parking areas shall
be surfaced with asphaltic, concrete or other hard-surfaced all-weather,
dustless material as approved by Superintendent.
[1]
Editor's Note: This local law repealed former
§ 252-55, Public garages.
[Added 3-19-2007 by L.L. No. 5-2007[1]]
Permitted or required off-street parking spaces
accessory to permitted use(s), other than single-family and two-family
residential use(s), may be provided on a lot other than the same lot
as such use(s), pursuant to special use permit approval by the Board
of Trustees and subject to special conditions as follows:
A.
All permitted or required off-site, off-street accessory
parking spaces shall be located on a lot within 200 feet of any boundary
of the main use lot, provided that such off-site lot is not located
in a residential district.
B.
Any off-site lot utilized for required off-street
parking accessory to a permitted use must be in the same ownership
as the lot on which the main use is located. Such owner shall furnish
to the Board of Trustees evidence of a restrictive covenant describing
the parking spaces serving the lot with the main use in form approved
by the Village Attorney filed with the office of the Nassau County
Clerk. Such restrictive covenant shall state that the owner, his or
her heirs and assigns are bound to maintain the required number of
off-street parking spaces throughout the existence of the specific
use to which they are accessory or until such spaces are provided
elsewhere.
[1]
Editor's Note: This local law repealed former
§ 252-56, Garages accessory to multiple residences and hotels,
as amended.
[Added 3-19-2007 by L.L. No. 5-2007[1]]
A.
For single-family and two-family uses, paved driveway
areas may be used for off-street parking except that circular driveways
in the front yard may not be used for parking. No other parking in
the front yard area is permitted, other than driveways as specified
herein.
B.
Driveways shall not be located nearer than two feet
from any side property line or rear property line.
[1]
Editor's Note: This local law repealed former
§ 252-57, Location restrictions on garages.
[Added 3-19-2007 by L.L. No. 5-2007[1]]
A.
Attended parking.
(1)
The parking requirements prescribed herein may be
modified by the Board of Trustees by issuance of a special use permit
which conditions the use of such premises upon a certification by
the applicant or owner that such parking spaces will be fully attended
by employees of the owners of the premises or operators of the use.
(2)
All certificates of occupancy related to the principal
use or uses of the premises shall set forth that such employees shall
be available to handle the parking and moving of automobiles at all
times when such parking spaces are in use.
(3)
The application for such special permit shall include
a traffic flow chart which designates areas for standing, waiting,
pick-up, drop-off and maneuvering of vehicles to accommodate the needs
of such use.
(4)
Stacked or side-by-side parking may be permitted where
a special use permit for attended parking is approved and issued by
the Board of Trustees.
B.
Building permit applications; parking plan. Every applicant for a building permit on premises subject to § 252-54 et seq., except single-family and two-family dwellings, shall file with the building plans a parking plan prepared and sealed by a licensed architect or professional engineer showing the portion of said premises which is proposed to be utilized for off-street automobile parking, as well as the dimensions of each parking space, aisle area, maneuvering area, driveway access and curb cuts. Such parking plan shall show appropriate marking of spaces, directions of traffic flow and placement of informational signs for the handicapped parking spaces. All parking areas shall have sufficient self-contained drainage, adequate means of ingress and egress and appropriate paving and lighting. No building permit shall be issued unless the parking plan is filed.
C.
Prohibited parking.
(1)
No unregistered camper, unregistered mobile home or
unregistered boat shall be permitted to stand on any lot in a residential
district.
(2)
No bus, school bus, livery van or other such vehicle
intended or used in commercial transportation shall be permitted to
stand on any lot in a residential district.
(3)
Parking areas of all nonresidential uses shall not
be used for any purpose other than for parking accessory to such nonresidential
use.
[1]
Editor's Note: This local law repealed former
§ 252-58, Loading spaces, as amended.
