§ 220-73. Off-street parking regulations.  


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  • Purpose: In all districts there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed in use, improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this article, Zoning Schedule II, or the New York State Uniform Fire Prevention and Building Code. In the instance where there may be a conflict between the requirements of these three sources, the stricter regulations shall govern. In such cases, off-street parking facilities shall be provided as hereinafter specified for the building as enlarged, or to accommodate the needs of the new use.
    A. 
    Design requirements.
    (1) 
    Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. For the purposes of this chapter, a parking space shall not be less than 10 feet in width and 20 feet in depth, exclusive of accessways and driveways.
    (2) 
    Off-street parking areas for nonresidential uses shall provide a minimum additional area of 100 square feet of area per off-street parking space to provide sufficient area for access drives and aisles.
    (3) 
    Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post "no parking" markers.
    (4) 
    Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of 5% of those spaces, up to a maximum of 10 spaces, as reserved only for the handicapped and clearly mark them for such use. Parking spaces designated to serve handicapped individuals shall be at least 14 feet in width and 20 feet in depth.
    (5) 
    All off-street parking spaces shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. It shall not be separated by a public highway or right-of-way.
    (6) 
    All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings, or farm residences and buildings) shall be adequately drained and will have a durable surface, subject to approval of the Town Planning Board.
    (7) 
    Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.
    (8) 
    The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Planning Board, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.
    (9) 
    Parking areas may be located in any yard space for nonresidential uses but shall not be located:
    (a) 
    So as to impinge on the minimum required buffer width, as measured from the property lot line, as established in § 220-76D; or
    (b) 
    For properties of 60,000 square feet or less in size, any closer than 10 feet to any side or rear property line unless specifically approved by the Planning Board as part of a multiple-parcel shared parking plan; or
    (c) 
    For properties greater than 60,000 square feet in size, any closer than 20 feet to any side or rear property line unless specifically approved by the Planning Board as part of a multiple-parcel shared parking plan.
    (10) 
    No driveway to an off-street parking area shall be located closer than 50 feet to the intersection of any two streets or within 10 feet of any side lot line identified in § 220-9V(3) or (4) of this chapter, provided further that sufficient distance will always remain for all required radii for said driveway, that said driveway will not be determined by the Planning Board to adversely affect the minimum sight distance for motorists, as recommended in various Town, county and state highway design and traffic safety manuals, or prevent the stacking of vehicles along the highway where there is a traffic control device operating. No driveway to an off-street parking area serving a lot identified in § 220-9V(4) of this chapter shall be located within 20 feet of any side lot line, provided that sufficient distance will always remain for all required radii for said driveway, that said driveway will not be determined by the Planning Board to adversely affect the minimum sight distance for motorists, as recommended in various Town, county and state highway design and traffic safety manuals, or prevent the stacking of vehicles along the highway where there is a traffic-control device operating. Where a traffic study identifies a different distance to the intersection of any two streets would provide improved highway safety and efficiency, the Planning Board may then require said cited distance as a condition of subdivision or site plan approval. The distance from the driveway to the intersection shall be measured by extending the curb or pavement line of the intersecting street until it intersects the curb or pavement line, extending, if necessary, of the driveway in question. In addition, the minimum separation required by § 220-9V(2), (3), or (4) shall be maintained between two driveways located on any one frontage.
    B. 
    Location of off-street parking facilities. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that such facility is required to serve.
    (1) 
    For one- and two-family dwellings and for all types of residential structures on the same lot with the building they are required to serve.
    (2) 
    For multiple-family dwellings, not more than 200 feet from the building they are required to serve.
    (3) 
    For other uses, not more than 360 feet from the building they are required to serve.
    C. 
    Screening and landscaping.
    (1) 
    Off-street parking areas for more than five vehicles shall be effectively screened on the rear and side yards by a fence of acceptable design, unpierced masonry wall, landscaped berm or compact evergreen hedge. Such fence shall be erected and maintained in accordance with § 220-9K of these regulations. Such wall or hedge shall not be less than six feet in height and shall be maintained in good condition.
    (2) 
    When a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area shall be provided in addition to the fence or wall specified in Subsection C(1) above. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and spaced not more than three feet apart. The planted buffer area shall not be less than 10 feet in depth.
    D. 
    Lighting.
    (1) 
    All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.
    (2) 
    Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining property.
    E. 
    Units of measurement.
    (1) 
    In churches and other places of assembly in which patrons or spectators occupy benches, bleachers, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.
    (2) 
    When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one parking space.
    F. 
    Mixed occupancies and uses not specified. In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Town Planning Board. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.
    G. 
    Joint use. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.
    H. 
    Required off-street parking space. Required off-street parking space for specific uses as regulated in this chapter is contained in Schedule II, which is part of this chapter.
    Editor's Note: Said schedule is included as an attachment to this chapter.
    I. 
    Authority for Planning Board to modify required number of parking spaces.
    (1) 
    Where the Planning Board is reviewing an application for site plan approval, the Planning Board is hereby authorized to modify the required number of parking spaces contained in Schedule II, provided that the Planning Board does not reduce said number of required parking spaces by more than 50%.
    (2) 
    Such modification may take place only after the Planning Board finds that either:
    (a) 
    Applicant has demonstrated that the specific use routinely requires fewer parking spaces than required by Code; or
    (b) 
    Applicant has demonstrated that adequate public off-street parking facilities are available within 400 feet of the lot containing the subject use; or
    (c) 
    Applicant has provided evidence of satisfactory off-site parking arrangements.
    (3) 
    Where the Planning Board modifies the required number of parking spaces pursuant to this section, the Planning Board shall impose such conditions as it deems necessary.
    Editor's Note: Said schedule is included as an attachment to this chapter.
Amended 3-16-2015 by L.L. No. 3-2015