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Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
It is the intention of this chapter that all structures and land uses 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 and/or uses and sufficient off-street loading and unloading facilities to meet the needs of such structures or land uses.
The plans for any new building or any expansion of an existing building, when submitted for a building permit, shall show specifically the location and size and type of improvement of the off-street parking or loading space required to comply with this chapter and the means of access to such space from the public streets or highways. Except for one- and two-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvement is approved by the Town Engineer, who shall determine that traffic access, traffic circulation and general layout of the parking facility 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. No certificate of occupancy shall be issued for any building or land use until the required off-street parking space has been established.
A. 
Buildings and land uses in existence or for which building permits have been approved on the effective date of this amended chapter shall be subject to the parking or loading space requirements of this chapter on the date of such permit or the date the use was established, in the case of existing uses, 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 shall, however, be provided as a condition for the issuance of any building permit for any enlargement of such structures or uses in the future, but, in the case of exceptional difficulty or unusual hardship to such properties arising out of this requirement, appeal may be made to the Board of Appeals. In acting upon such case, the Board of Appeals 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.
B. 
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.
[Amended 4-17-1963; 4-4-1990 by L.L. No. 2-1990; 7-20-1994 by L.L. No. 6-1994; 7-17-1996 by L.L. No. 14-1996; 9-18-2013 by L.L. No. 5-2013]
A. 
Off-street motor vehicle parking facilities shall be provided as follows, except as provided above or where additional parking requirements may be made as a condition of the issuance of a special permit under Article IX, in which case provisions of that section shall apply:
Type of Use
Minimum Requirements
1- and 2-family dwelling units
2 spaces for each dwelling
Multiple dwellings:
Studio
1 space
1-bedroom
1 1/4 spaces
2-bedroom
2 spaces; 1 1/2 spaces in the B-R and SB-R Districts
3-bedroom
2 1/2 spaces; 2 spaces in the B-R and SB-R Districts
Professional office or home occupation permitted in a required residential zone as an accessory use
2 spaces in addition to spaces for residential units, except that medical or dental offices shall have 4 spaces for each doctor or dentist in addition to residential parking requirements
Rooming house or boardinghouse
1 space for each guest sleeping room, plus 1 space per resident family
Hospital, clinic, sanitarium or convalescent home
1 space for each patient bed, excluding bassinets, plus 1 space for each person employed in the building
Theater, auditorium, athletic field or other place of public assembly other than a church
1 space for each 5 seats or 200 square feet in such place of assembly, whichever would be greater
Church or other place of worship
1 space for each 5 seats or pew spaces
Bowling alley
5 spaces for each alley
Other center of public amusement, the capacity of which cannot be measured in terms of seats
1 space for every 200 square feet of floor space devoted to patron use
Restaurant or place dispensing food or drink
1 space for each 50 square feet of floor space devoted to patron use
Retail or service business
1 space for each 200 square feet of floor space
Wholesale, storage, utility or other commercial building or use
1 space for each person for which the building or use is designed or for each 2,000 square feet, whichever is greater
Office for business or professional use
1 space for each 300 square feet of floor area
Funeral parlor or undertaking establishment
At least 10 spaces for each chapel or viewing room and 1 for each person working in such establishment; off-street loading for delivery and funeral cortege assembly shall be considered for site plan approval
Private golf courses
2 parking spaces for each acre of land contained in the course
Public golf courses
2.5 spaces for each acre of land contained in the course
Public multiple use recreational facilities
2.5 spaces per acre on a course; 1 space for every 3 bathers in a swimming pool
Tennis, public or private
3 spaces per court
Private swimming pools
1 space for each 3 bathers
Soccer, football and baseball fields
10 spaces for each field, plus 1 space for every 5 spectator seats
B. 
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Board of Appeals, which shall consider all factors entering into the parking needs of such use.
C. 
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, except that the Board of Appeals may approve the joint use of parking space by two or more establishments on the same or contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that the Board finds that the capacity 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, and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any of such establishments.
D. 
In the B-R and SB-R Districts, the off-street parking requirements may be reduced by the Planning Board in the course of site plan review if the applicant demonstrates and the Planning Board finds that the capacity of such off-street parking is sufficient to meet the demands of such use or uses such as the case of shared parking by two or more different land uses. In no case shall such reduction be greater than 15% of that required by type of use.
A. 
The required off-street parking facilities for structures and land uses which are developed after the effective date of this chapter 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 adjoining lots may be provided in a single common facility on one or both of said lots, and except that the Board of Appeals may permit all or part of the required spaces to be located on any lot within 500 feet of the building, except in a residence district, if the Board determines that it is impractical to provide parking on the same lot with the building.
B. 
In residence districts:
[Amended 4-17-1963; 7-17-1996 by L.L. No. 14-1996; 12-15-2010 by L.L. No. 11-2010]
(1) 
Restrictions.
(a) 
Motor vehicles shall not be parked in the portion of a lot which is bounded by the front lot line of such lot, an imaginary line running within that lot which is parallel to the front lot line and 25 feet distant from the front lot line and the imaginary straight lines which project from the front lot line to the points where the side walls of the dwelling on such lot meet the front wall of that dwelling; and
(b) 
Motor vehicles shall not be parked within five feet of a side lot line or five feet of a rear lot line nor shall the area of a lot lying within five feet of a side lot line or within five feet of a rear lot line be developed for travel by, or the parking of motor vehicles; and
(c) 
Provided the requirements of § 240-79B(1)(b) are met, motor vehicles may be parked within 25 feet of the front lot line in one side yard but not in both side yards.
(2) 
Exceptions.
(a) 
Section 240-79 B(1)(a) shall not apply to:
[1] 
Any parking space that violates that section if that parking space existed on the effective date of this Subsection B; or
[2] 
Any parking space in a driveway which terminates at the door by which a motor vehicle would enter a garage located on a lot.
(b) 
Section 240-79B(1)(b) shall not apply to:
[1] 
Any driveway which is used by more than one lot on the effective date of this Subsection B; or
[2] 
Any lot created by a subdivision approved by the Planning Board if such lot or lots are designed to contain a driveway which will be used by more than one lot.
C. 
No parking in connection with any nonresidential use shall be so located that motor vehicles may enter or leave the parking area across a sidewalk except at a point or points approved as part of a plan, as required by § 240-76.
D. 
No parking required for a business use in a business district may be provided in a residence district.
E. 
Parking areas shall be laid out so that vehicles will not be required to back into the public highway when leaving the parking area.
F. 
Off-street parking facilities developed to meet the requirements of § 240-78A or B for residence uses shall be made available to the tenants or owners on a basis equal to the lowest whole number listed in § 240-78 without charge or fee.
[Added 7-17-1996 by L.L. No. 14-1996]
G. 
Off-street parking for all other uses shall be available for owners, employees and customers. Customer parking for retail, wholesale or office uses must be kept available as 10% of required parking, with a minimum of two spaces. Vehicles displayed for sale or rent may not use areas required as off-street parking pursuant to § 240-78A and B.
[Added 7-17-1996 by L.L. No. 14-1996]
Required off-street parking facilities may be enclosed in a structure or may be open except as required specifically for multifamily dwellings under § 240-78A, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Town Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The Town Engineer may require the plan to provide for suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. 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.
Off-street loading and unloading facilities, as defined in this chapter and located on the same site with the use to be served, shall be provided as follows:
A. 
For retail and service business establishments, restaurants and other places serving food and beverages, where the ground floor area exceeds 2,000 square feet: 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 additional 10,000 square feet of business floor space or major portion thereof.
B. 
For wholesale businesses, storage warehouses, manufacturing or industrial establishments: one space for each 10,000 square feet or major portion thereof used for such purposes.
C. 
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 Board of Appeals, which shall consider all factors entering into the loading and unloading needs of such use.