All structures and uses shall be provided with
a sufficient amount of off-street parking and loading spaces for employees,
residents, visitors, clients, patrons and other persons who are likely or expected to be at such structures or uses, but not less than the minimum requirements of this chapter.
No certificate of occupancy shall be issued for any structure or use, whether new or changed, until all required off-street parking
and loading spaces have been established in accordance with this chapter.
The continued operation of such spaces in accordance with the requirements
of this chapter shall be required as a condition of the continued
validity of the certificate of occupancy.
8.2.1
Schedule of Off-Street Parking and Loading Space Requirements. The
Schedule of Off-Street Parking and Loading Space Requirements (located
at the end of this section) presents the minimum parking and loading
space requirements of this chapter. The Hicksville Downtown Subdistricts
Schedule of Off-Street Parking and Loading Space Requirements is provided
in § 246-5.9. Where there is more than one use, the minimum
requirements shall be cumulative, except where shared use of parking
or loading spaces is permitted herein. For uses that do not fall within
the categories listed, or for uses where no minimum number of spaces
is specified, the Department of Planning and Development shall recommend
to the approving agency the minimum parking and loading space requirements
based upon the specific nature of the proposed facility or use, and
the approving agency shall establish the requirements in each case
on that basis. Required off-street parking spaces shall be provided
on the same lot with the structure or use they serve, except as provided in § 246-8.2.4 below,
and may be located within a building or structure, or in a side or rear yard.
[Amended 2-23-2021 by L.L. No. 1-2021]
8.2.2
Shared use. Where an applicant satisfactorily demonstrates
that the capacity of its proposed parking and/or loading facilities
will satisfy the purpose of this chapter by reason of variation in
the probable time of maximum use, the approving agency may approve
the shared use of such reduced-size facilities pursuant to § 246-7.5.5.
8.2.3
Attendant parking. Attendant or valet parking may be permitted by
the approving agency to satisfy the off-street requirements of this
chapter, provided the following conditions are met:
8.2.3.1
Such attendant parking is customary and appropriate for the use it
is intended to serve.
8.2.3.2
A sufficient number of valets are to be made available at all hours
of the day and night and all days of the week.
8.2.3.3
Queuing areas are to be provided as determined necessary by the reviewing
agency, but in no case are they to have a capacity of less than 5%
of the total number of approved attendant parking spaces.
8.2.3.4
Deed restrictions, in form satisfactory to the Town Attorney, shall
be prepared and filed by the property owner guaranteeing continued
use of parking attendants or valets for as long as the uses or structures they serve shall be continued.
8.2.4
Off-site parking. Required off-street parking facilities shall be
provided on the same lot with the structure or use which they serve, except as follows:
[Amended 7-22-2003 by L.L. No. 7-2003]
8.2.4.1
The site plan approving agency may allow all or part of the required
parking spaces to be located entirely within 300 feet of the perimeter
of the lot containing the structures or uses to be served, provided such parking is a lawful use in the
district in which it is to be located and further provided that the
site plan approving agency determines that it is impractical to provide
parking on the same lot with the structures or uses being served.
8.2.4.2
Where the site plan approving agency approves the location of such
parking spaces on a lot different from the lot occupied by the structures or uses
to be served, a legal instrument, satisfactory to the Town Attorney,
shall be required to assure the continued use of said parking spaces
in connection with the structures or uses served.
8.2.5
Parking for existing structures and uses. Structures and uses in existence or for which building permits have been issued prior to the effective date of this chapter
shall not be subject to the parking or loading space requirements
of this chapter, provided that any parking and loading facilities
existing or approved to serve such structures or
uses shall not in the future be reduced or redesignated to serve other structures or uses, except to the extent that they exceed
such requirements. At the time of any enlargement or expansion of
existing structures or uses in the future, the following
requirements shall apply:
8.2.5.1
Required parking and loading facilities for that part of the structure or use which constitutes an enlargement or expansion
shall be provided in accordance with all requirements of this chapter.
8.2.5.2
Parking and loading facilities shall be provided to serve the existing
portion of such structure or use in accordance with
all currently applicable standards and requirements of this chapter.
8.2.5.3
Reduction or elimination of any parking or loading spaces which may
already exist to serve an existing structure or use
shall not be permitted except to the extent that they exceed the requirements
of this chapter for such structure or use.
8.2.5.4
At the time of any change of use in an existing structure which would result in an increased off-street parking or loading
space requirement, the additional parking or loading spaces so required
shall be provided in accordance with all applicable requirements of
this chapter.
8.2.6
Off-street parking in residence districts. Other than as specified
elsewhere in this chapter, off-street parking in residence districts
shall be permitted only for private passenger vehicles, currently
registered and in active use, and only on paved surfaces. Such parking
may only be located within: (a) a side or rear yard so long as such spaces are located outside of
the minimum required side yard or rear yard: (b) that portion of the required front yard immediately
contiguous to the extension of either required side yard, (c) that portion of the required front yard immediately
contiguous to and an extension of a garage which is integral with
the residence structure and has its entrance door
within the front wall thereof; or (d) in front of a building but beyond the minimum required front yard in the
case of circular driveways with two curb cuts.
[Amended 7-22-2003 by L.L. No. 7-2003; 4-25-2006 by L.L. No.
5-2006]
8.2.6.1
Driveways. A private driveway for a one- or two-family dwelling shall be a minimum of nine feet in width.
8.2.6.2
Common driveways. A common driveway that is intended to serve two,
three or four one-family dwellings shall be a minimum
of 12 feet in width.
8.2.6.3
Pass-by areas. Any driveway that is in excess of 300 feet in length
shall have a pass-by area where the driveway is at least 16 feet in
width for a distance of at least 25 feet at approximately its halfway
point.
8.2.6.4
Tandem parking for no more than two parking spaces is permitted without
approval from the Zoning Board of Appeals for all single-family, two-family,
parent/child residences and home offices. Tandem
parking is not permitted to be counted toward meeting the minimum
parking requirements in the RNG District.
[Added 11-9-2004 by L.L. No. 16-2004]
8.2.7
In all nonresidence districts other than the OB District, required
off-street parking spaces may be located in a required front
yard, but not less than six feet from the front lot
line nor less than 10 feet from the curb or sidewalk line,
whichever requirement is more restrictive. Off-street parking in the
OB District is subject to the standards of § 246-5.4.5.2
of this chapter. Required off-street parking spaces may be located
in a required side or rear yard,
but not less than six feet from the side or rear lot line, except where a coordinated parking plan with
adjacent nonresidential use is shown on a Town-approved site plan.
Below grade parking and on grade parking located directly below a
building are not permitted in any nonresidence district unless specifically
authorized by another provision in this Code.
[Amended 6-14-2022 by L.L. No. 6-2022]
8.2.8
Loading facilities. Off-street loading spaces may be located within
a building, within a required side or rear yard or within a required off-street parking
facility, provided such spaces do not interfere with traffic or pedestrian
circulation, emergency access or access to any parking space.
[Amended 9-21-2004 by L.L. No. 11-2004]
In RMF, RNG, RPH and RSC and nonresidence districts, and on
any property containing a principal nonresidence use in an RI Residence
District, off-street parking and loading spaces shall be set back
from front, side and rear
lot lines to the extent necessary to provide landscaped buffer
areas in accordance with the requirements of the site design standards
of this chapter.[1] Except where located within or adjacent to an RI Residence
District, enclosed off-street parking and loading spaces which are
below existing grade and covered with grade level landscaping shall
not be required to comply with the building setback
requirements of this chapter, provided that their location and design
is approved by the Town Board.
[1]
Editor's Note: See § 246-7, Site Design Standards.
[Amended 7-22-2003 by L.L. No. 7-2003]
All off-street parking and loading facilities shall be improved
and maintained in accordance with plans and specifications approved
by the reviewing agency or official.
8.4.1
Pavement. All off-street parking and loading facilities, including
turnaround areas, in RMF, RNG, RPH, RSC and nonresidence districts,
and on any property containing a principal nonresidence use in an
R1 Residence District, shall be surfaced with asphaltic concrete or
stone concrete, or as otherwise permitted in the "Individual Building
Site Plan Rules and Regulations" of the Department of Planning and
Development.
[Amended 9-21-2004 by L.L. No. 11-2004]
8.4.2
Grading and drainage. All off-street parking and
loading facilities shall be provided with a drainage system designed
to direct all runoff to an appropriately designed and approved stormwater recharge facility. The reviewing
agency may also require the installation of oil separators. No area
shall be pitched so as to drain across a sidewalk, into a street or onto any neighboring premises.
[Amended 7-22-2003 by L.L. No. 7-2003]
8.4.3
Space delineation. In RMF, RNG, RPH, RSC and nonresidence districts,
and on any property containing a principal nonresidence use in an
R1 Residence District, all required parking and loading spaces shall
be individually identified by means of pavement marking with double
striped lines. (See Typical Parting Space Details 1 at the end of
this section which graphically illustrates this requirement.)
[Amended 11-9-2004 by L.L. No. 16-2004]
8.4.4
Signage. Appropriate signs and pavement markings
shall be provided in all off-street parking and loading facilities
to direct internal traffic flow in accordance with approved plans.
All signs and pavement markings shall conform to
the "Manual of Uniform Traffic Control Devices" (latest edition) from
the New York State Department of Transportation.
8.4.5
Lighting. Illumination of all off-street parking and loading facilities,
including those located in residence districts, shall be provided
pursuant to § 246-7.3.
The operation of off-street parking and loading facilities shall
be conducted in such manner as to limit their use to licensed motor
vehicles on a transient basis. The servicing, repair, fueling or storage
of motor vehicles or trailers shall not be permitted in such areas.
Required off-street parking and loading facilities shall be
maintained so long as the use or structure exists
which the facilities are designed to serve. Required spaces developed
for specific structures and uses shall be reserved
at all times to persons who are employed at or make
use of such structures and uses, except where such
parking spaces are dedicated to and accepted by the Town of Oyster
Bay for public parking purposes, or where arrangements for shared
use are made as permitted herein.
