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Village of Cuba, NY
Allegany County
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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 shall be provided in accordance with the requirements of this Article and Schedule II.[1] The off-street parking facilities shall not be required for any existing building or use, unless said building shall be enlarged or the use of land changed. 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 nine feet in width and 20 feet in depth exclusive of accessways and driveways.
(2) 
Off-street parking areas for nonresidential uses shall provide an 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 at the expense of the owner.
(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 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 space 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.
(6) 
All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Superintendent of Public Works.
(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 for the various buildings or uses computed separately.
(9) 
Off-street parking for nonresidential or multiple-family uses shall be set back not less than 20 feet from the front lot line. Off-street parking may be permitted in rear and side yard areas subject to approval of the Planning Board. Off-street parking for single- and two-family dwellings shall be provided on a driveway which provides access to such residences or a garage which is accessory to such residential uses.
(10) 
No driveway providing access to an off-street parking area shall be located closer than 20 feet to any side lot line or within 50 feet of a street intersection measured along the curbline of the same street on which the driveway is located. In addition, a minimum distance of 20 feet 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 the 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, 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 500 feet from the building they are required to serve.
C. 
Screening and landscaping. When a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area shall be provided to protect the quality of the residential environment. A solid fence or wall six feet in height shall be erected and landscaping installed on the residential side of the wall. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and individual shrubs or plants, spaced not more than three feet apart. The planted buffer area shall not be less than five feet in depth.
D. 
Lighting.
(1) 
All off-street parking areas and driveways (excluding areas serving one- and two-family 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 the street and all adjoining properties.
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 18 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. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified in Subsection G 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. Said document shall bind the owner, his/her heirs and assigns to maintain the required joint uses throughout the life of such uses and shall be approved by the Village Attorney.
H. 
Required off-street parking space. The minimum number of off-street parking spaces for specific uses as regulated in this chapter are contained in Schedule II, which is part of this chapter.[2] In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Planning Board.
[2]
Editor's Note: Schedule II is included as an attachment to this chapter.
I. 
Central Business District exception. Notwithstanding any other provisions of this section to the contrary, no off-street parking shall be required for any permitted principal or special use in the C-B District.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
A. 
For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for business or industrial use as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, there shall be space provided and permanently maintained for loading and unloading berths provided on the same lot with such building. Such berths shall be located to avoid undue interference with the public use of streets, alleys or parking areas and provided in accord with the following standards:
(1) 
Four thousand to 25,000 square feet: one space.
(2) 
For each additional 25,000 square feet: one space.
B. 
The loading berth in each instance shall be not less than 12 feet in width, 55 feet in length and 14 feet in height.
In order to encourage the sound development of street frontage, the following special regulations shall apply to all nonresidential buildings and uses:
A. 
Each separate use, grouping of attached buildings or groupings of permitted uses shall not have more than two points of access. Additional accessways may be approved by the Planning Board based on the need for such additional access which is supported by a traffic analysis prepared and submitted by the applicant.
B. 
The use of common access points by two or more permitted uses shall be encouraged by the Planning Board in order to reduce the number and closeness of access points along the streets and to encourage the fronting of significant traffic-generating uses upon a parallel access street and not directly upon a primary road.
C. 
Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points shall not be less than 20 feet nor more than 30 feet in width.
Private swimming pools shall be permitted as an accessory use in any residential district, provided that there is an existing residence on said lot and the following regulations are complied with:
A. 
Fences. In-ground swimming pools shall be completely enclosed by a fence of not less than four feet in height. Said fence shall have a gate with a self-closing latch located inside the complex to control access to the pool area. Aboveground pools less than four feet in height shall be similarly fenced. Aboveground pools which are four feet or more above the ground shall not require a fence, except that any steps leading to the pool deck shall be enclosed by a gate that may be securely fastened and locked. Notwithstanding the foregoing, a fence shall be required if the walls of the pool are so located as to provide a means by which the wall of this pool can be climbed and entry gained to the deck of the pool.
B. 
Setbacks.
(1) 
Outdoor swimming pools shall be located in the rear or side yards and shall conform to the minimum setback requirements for a structure in the district. Aprons and decks which are accessory to a pool shall not be within the minimum setback area specified in Schedule I[1] for accessory uses.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(2) 
No swimming pool shall be closer to the street or front lot line than the front of the building or structure to which the pool is an accessory use.
C. 
Drainage. No permit shall be issued for such pool unless the applicant can show that the proposed drainage of such pool will not adversely interfere with the property of others, with public highways or area drainage facilities. No pool shall drain into the Village's sanitary sewer system.
D. 
Lighting. Lights erected, operated or maintained in connection with a swimming pool shall be located in such a manner so as to minimize the glare onto adjacent properties.
E. 
Overhead wiring. Service drop conductors and any other open overhead wiring shall not be installed above the swimming pool or an area surrounding the swimming pool which extends 10 feet horizontally from the pool edge, diving structures, observation stands, towers or platforms. Service conductors shall be enclosed in ground fault interrupter boxes and appropriately grounded.
F. 
Filtering system. A filtering system shall be installed in all pools requiring in excess of 1,760 gallons of water to fill an area approximately 10 feet in diameter by 36 inches in depth.
G. 
Permits. Building and zoning permits shall be required for all swimming pools having an area greater than 100 square feet or a depth greater than 18 inches, regardless of whether the pool is above or below ground.
H. 
Compliance with New York State requirements. Applications for swimming pool permits shall comply with these regulations and all applicable requirements of the State of New York. Where the regulations of the Village and state are inconsistent, the more restrictive requirements shall govern.