ARTICLE VIII Storage and Parking of Vehicles
§ 252-47. Restrictions on location of gasoline service stations and garages.

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.

§252-48. Required garage for one-family and two-family dwellings ; storage of commercial vehicles.

[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.

§ 252-49. Storage of vehicle in rear yard.

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.

§ 252-50. Parking space for multiple dwellings.

[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.

§ 252-51. Location of garages in residence districts.

A. Garages in Dwelling A, B and C Districts shall not be nearer the side of 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 garage shall be nearer than eight feet to any part of a dwelling, unless it complies with the provisions of Chapter 81 of this Code. [Amended 1-4-1988 by L.L. No.1-1988]

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.

§ 252-52. Location of required off-street parking spaces.

[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.

§ 252-53. Storage of vehicles for sale.

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.

§ 252-54. Required off-street parking spaces.

A. The following parking space shall be provided and properly maintained by the owner or lessee of each building hereafter erected, enlarged or altered for use of any of the following purposes:

(1) Office buildings, including, without limitation, banks or professional offices: one (1) space for each two hundred fifty (250) square feet of total floor space. [Amended 1-488 by L.L. No. 6-1988]

(2) Auditoriums, clubs, lodges, theaters or other places of public assemblage, except churches and other places of worship: four percent (4%) of the number of seats therein.

(3) General commercial, manufacturing, warehouses and storage buildings: one (1) space for each four hundred (400) square feet of the gross floor area or fraction thereof, or for each ten (10) workers, whichever will provide the greater amount of parking space. Whenever a building is hereafter erected or is so altered that there is an increase in floor area or the number of seats as hereinbefore provided required by this chapter, then there shall be furnished additional space based upon such increased floor space or such increased number of seats, as the case may be.

(4) (Reserved)

(5) Restaurants or other eating places: one (1) space for each five (5) seats, except where it is a part of and in a building which provides parking space, in which case the number of places already provided may be taken to be available for the restaurant or such other eating place.

(6) Stores, other than supermarkets: there shall be provided one (1) space for each two hundred (200) square feet or fraction thereof of floor space. This provision shall not apply to supermarkets. [Amended 10-1-1990 by .L. No. 3-1990]

(7) Stadiums and sports arenas: one (1) space for each fifteen (15) seats.

(8) Supermarkets: one (1) space for each four hundred (400) square feet of floor space or fraction thereof.

(9) All commercial uses not otherwise provided for: one (1) space for each four hundred (400) square feet of total floor space. [Added 1-1-88 by L.L. No. 6-1988]

B. All parking spaces provided pursuant to the provisions of this section or any other section of this chapter regarding parking space shall be on the same lot with the building.

§ 252-55. Public garages.

Public garages, when and where permitted, shall not be more than fifty (50) feet in height and shall be of steel and/or masonry construction and fireproof.

§ 252-56. Garages accessory to multiple residences and hotels.

[Amended 10-26-1992 by L.L. No. 11-1992]

Space in a garage accessory to a multiple-family residence may be rented only to occupants of the premises; in conjunction therewith, one (1) or more attendants may be employed. Such attendants may make minor adjustments or repairs and may wash cars for tenants, provided that such work is done entirely within the building and no machinery of any kind other than an air pump and battery charger are employed.

§ 252-57. Location restrictions on garages.

No public or private garage for more than five (5) motor vehicles shall have an entrance or exit for motor vehicles within fifty (50) feet of a residential district.

§ 252-58. Loading spaces.

[Amended 10-26-1992 by L.L. No. 111992]

All department stores, retail stores and retail and wholesale food markets, warehouses, supply houses, buildings devoted to wholesale or manufacturing trades, hospitals or other buildings where large amounts of goods are received or shipped, erected in any zone after the date of adoption of this chapter shall provide loading and unloading space as follows:

A. One (1) permanently maintained truck loading and unloading apace of not less than ten (10) feet in width and twenty-five (26) feet in length for each lot area of four thousand (4,000) square feet or more on which building is to be erected.

B. The minimum number of loading spaces shall be increased in accordance with the estimated volume or frequency of the loading and unloading requirements of the proposed use of the building.