1137.06 OFF-STREET PARKING STANDARDS.
   (a)   General. The provisions of this chapter are established to achieve, among others, the following:
      (1)   To relieve congestion so that streets can be utilized more fully for movements of vehicular traffic by requiring minimum levels of off-street parking.
      (2)   To promote the general convenience, welfare, and prosperity of commercial developments which depend upon off-street parking facilities.
      (3)   To provide regulations and standards for accessory off-street parking and loading facilities in accordance with the development objectives of the Village.
   (b)   Required Number of Spaces.
      (1)    At the time of construction of any main building or structure or when the same is enlarged or increased in a capacity of adding dwelling units, floor area or seats, or when the use of the same is enlarged or increased in capacity, there shall be provided in accordance with the following schedule, parking spaces located off the streets and in conformity with the requirements of this
   Code with adequate driveway provisions for ingress thereto and egress therefrom, and such off-street parking spaces shall thereafter be maintained so long as the use of the main building or structure remains, unless an equivalent number of such off-street parking spaces is provided in another permitted location.
      (2)    Parking is not required within Mixed-Use districts, but is highly encouraged.
      (3)    For a building, structure or use not scheduled above the Building Commissioner shall apply and establish such unit of measurement from the foregoing schedule as applies to the scheduled building, structure or use found by him to be most similar to such unscheduled building, structure or use.
      (4)    See Newburgh Heights Schedule of Parking Spaces below.
NEWBURGH HEIGHTS SCHEDULE OF PARKING SPACES
Building or Use
Minimum Off-street Parking Spaces Required
Residential
 
One-family residence
1 enclosed space for existing residential structures and 2 enclosed spaces per dwelling unit for new construction
Two-family residence
1 enclosed space per dwelling unit for existing structures and new construction
Multi-family residence
1 space per dwelling unit
Institutional/Municipal
 
Day care
1 space per 400 sqft
Places of worship
1 space per 4 seats in an auditorium or sanctuary
School buildings
1 space per each full-time employee plus 1 space for each 4 seats in the auditorium
Public buildings
1 space for each full-time employee plus 1 space for each 4 seats in the assembly room or auditorium
Entertainment & Assembly
 
Theaters, arenas and auditoriums
1 space per 4 seats
Dance halls, skating rinks, swimming pools, lodge halls, assembly rooms
1 space per 75 sqft of area used for dancing, skating, swimming or assembly room
Bowling alleys
4 spaces per alley
 
Commercial/Retail
 
Retail stores and service establishments
1 space per 200 sqft
Drug stores
1 space per 200 sqft plus 5 stacking spaces for drive-thru window
Banks and financial institutions
1 space per 200 sqft & 6 stacking spaces for the first drive-thru window plus 2 spaces for each additional window
Restaurants and taverns
1 space per 75 sqft
Offices (excluding medical and dental)
1 space per 200 sqft
Medical and dental offices
1 space per 100 sqft
Gas station mini-marts
1 space per employee, plus a minimum of 5 spaces
Gas station with car wash
1 space per employee, plus 5 stacking spaces for car wash
Building or Use
Minimum Off-street Parking Spaces Required
Auto repair establishments
1 space per employee and 3 spaces per bay
Auto sales establishments
1 space per 200 sqft building
Mixed-use (office/retail/commercial, Harvard Avenue)
1 space per employee, plus 1space per 200 sqft.
Industrial
 
Manufacturing plants, commercial, industrial and general service establishments, laboratories, machine shops and similar establishments
1 space per employee or 1 space per 650 sqft whichever is greater plus a minimum of 5 visitor spaces
Warehouses
1 space per employee or 1 space per 1000 sqft whichever is greater, plus a minimum of 5 visitor spaces
 
   (c)   Measurement Standards. The calculation of the number of parking spaces shall be based upon the following standards:
      (1)   Where floor area is the determinant of required parking spaces, floor area shall be the gross sum of the horizontal area of all the floors measured from the exterior faces of the building. Any floor or part thereof used for the storage or packaging of merchandise (excluding warehouses), not exceeding twenty-five percent (25%) of the total floor area, may be excluded. For restaurants and taverns, kitchen space may be excluded from the calculations.
      (2)   Where seating capacity is the determinant of required parking spaces, the capacity shall mean the number of seating units installed or indicated in the application.
      (3)   Where employees are the determinant of required parking spaces, employees shall mean the maximum number of employees and/or owners on any two (2) successive shifts.
      (4)   Fractional numbers shall be increased to the next whole number.
      (5)   The parking requirements for mixed uses shall be the sum of the parking requirements for each use.
 
   (d)   Accessory Use Exemptions. Notwithstanding the accessory use provisions of this Code, where sufficient area is not available on a lot for providing required off-street parking spaces therefor, then such off- street parking spaces may be located within four hundred (400) feet of the main building, structure or use of such lot on other lots; provided, however, that the portions of such other lots so to be used shall be owned or leased by the applicant and satisfactory assurance of his right to continued use of such premises for such use shall be furnished to support his application for a building permit.
 
   (e)   Joint Parking Usage and Parking Areas.
      (1)    Two (2) or more non-residential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement approved by the Building Commissioner, shall be filed with the application for a building permit. Where such spaces are provided collectively, or used jointly, by two (2) or more establishments, the required spaces may be located not farther than four hundred (400) feet from the building served. Should any of the uses be changed or the facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of such building.
      (2)    The portion of the lot occupied by required off-street parking spaces shall not by conveyance or encumbrance be detached from such lot during the continuance of the main building, structure or use thereon.
 
   (f)   Driveway Width and Location.
      (1)    Driveway Width. Driveways providing access to off-street parking spaces, including, but not limited for driveways for residential lots, shall have a width of not less than ten (10) feet and not more than twelve (12) feet if such driveway constitutes a one-way access to the off-street parking spaces; of not less than eighteen (18) feet and not more than twenty-four (24) feet if it is a two-way access driveway.
      (2)    Driveway Location. Driveways shall be located and arranged to minimize traffic congestion, therefore:
         A.   Only one (1) such driveway shall be permitted for each one hundred (100) feet of frontage of the lot providing such parking spaces.
         B.   No driveway shall be so located that there would be less than fifteen (15) feet between the driveway apron and the outside crosswalk line at the intersection when the driveway is on the approach side of the intersection.
         C.   No driveway shall be so located that there would be less than five (5) feet between the driveway apron and the outside crosswalk line at the intersection when the driveway is on the leaving side of the intersection.
         D.   No driveway shall be so located that there would be less than fifty (50) feet between the driveway apron and the closest point of intersection between a freeway ramp and street pavement.
 
   (g)   Driveway and Parking Construction.
      (1)    All off-street parking spaces, parking lots and driveways, including, but not limited to residential lots, shall be surfaced with either concrete or asphalt. All off-street parking spaces, parking lots and driveways shall comply with applicable storm water management regulations. The grade, contour and drainage facilities shall be designed to prevent the drainage of surface water onto neighboring properties, into or toward buildings or onto sidewalks. Appropriate curbs or bumper guards shall be provided around the exterior and interior perimeter of the parking area so as to define or limit the parking facility. The location of each parking space shall be indicated by paint on the surface of the parking area.
      (2)    The plan for parking spaces of a parking area included with an application to construct a building or parking area, or for a change in use, shall be designed and dimensioned in accordance with this section.
 
   (h)   Parking Area Illumination. Except for residential uses, illumination of off-street parking spaces shall be installed. However, the design and location of such illumination shall be such that residential uses and public rights-of-way shall be shielded from any light source, and provided further, however, that such illumination shall not be of such brightness as to constitute a safety hazard to users or occupants of such parking spaces or adjacent premises.
 
   (i)   Commercial Loading Areas.
      (1)    Location. All buildings and structures hereafter constructed for or converted to use, in whole or in part, for business, commercial or manufacturing purposes shall be provided with adequate off-street loading or unloading platforms or space located not less than fifty (50) feet from the front street line. Any such platforms or space located besides a building, structure or street shall be so located that a motor vehicle while loading or unloading will not interfere with the pedestrian or vehicular traffic upon any access way, parking facility, street or alley.
      (2)    Minimum Size. A required off-street loading space shall be at least twelve (12) feet in width and of such length as to accommodate a truck commonly used in conducting the main use. Each loading facility shall have a vertical clearance of fourteen (14) feet in height.
      (3)    Required Spaces. Accessory off-street loading spaces shall be provided as required in this subsection for the following uses:
 
Gross Floor Area of Building (sqft)
Required Spaces
0 - 5,000
0*
5,001 - 40,000
1
40,001 - 100,000
2
Each additional 50,000 or fraction thereof
1
 
   * Buildings required to provide no loading spaces shall provide other facilities approved by the Building Commissioner which facilitate loading.
 
      (4)    A drive-through lane (or queuing lane) shall be a separate lane from the circulation lanes and aisles necessary for entering and exiting the property. Drive-through lanes shall be 10 feet wide and distinctly marked by special striping to ensure that access to parking spaces or exits is not adversely affected.
 
   (j)   ADA Compliance Required. Construction and alterations of new parking areas and access to and from parking areas for commercial, office, institutional and public uses shall conform to the standards of the American with Disabilities Act.
(Ord. 2017-49. Passed 12-5-17.)