Village of Haverstraw, NY Article VI Off-Street Parking and Loading

§ 245-24 Permitted accessory parking.

Off-street parking spaces, open and enclosed, are permitted accessory to any use, provided that:

A. There is no limitation on the number of agricultural vehicles permitted accessory to an agricultural use, but only one commercial vehicle not over one-half-ton capacity and only one unoccupied trailer may be parked on that portion of a residential lot lying to the rear of the residence.

B. Only one space accessory to a residence for one or two families may be rented out.

§ 245-25 Permitted accessory loading berths.

Off-street loading berths, open or enclosed, are permitted accessory to any use except residences for one or two families. However, no off-street loading berth shall be located within a required front yard.

§ 245-26 Required off-street parking spaces.

A. Applicable to all uses. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot for any use specified in Use Table, Column F.[1] Any land which is developed as a unit under single ownership and control with uses subject to the regulations of Use Table, Column D, shall be considered a single lot for the purpose of such regulations. However, such requirements shall not apply to an addition to or reconstruction of a church, where such addition or reconstruction is on land owned prior to the effective date of this chapter.

[1] Editor's Note: The Use Table appears at the end of this chapter.

B. Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway, except that a driveway within a required front yard for a single-family or two-family residence may count as two parking spaces other than on a corner lot, as provided in § 245-20B(5).

C. Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided that all spaces therein are located within 1,000 feet of walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations for the district in which they are located, and in no event shall such parking spaces be located in any R District unless the uses to which they are accessory are permitted in such district, or by special permit of the Zoning Board of Appeals or the Board of Trustees, as set forth in § 245-33G(1). Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, filed with the County Clerk, binding the owner and his or her heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory, until such spaces are provided elsewhere or they may be in municipal ownership, provided that the applicant documents the availability of such spaces during the hours of business operation.

[Amended 11-24-2003 by L.L. No. 6-2003]

(1) Backing into public highways except for single- or two-family residences. Such off-street parking spaces shall be so laid out that it shall not be necessary for a vehicle parked thereon to back into any public highway. At the exit from all such areas a sign shall be prominently displayed advising users of the parking space that backing into the public highway is prohibited.

(2) Driveways of single or two-family residences shall be properly graded to meet the established grade of the public right-of-way and/or sidewalk. Said driveway shall be at least 10 feet wide and installed with at least three inches of binder mix with a top wearing course of 11/2 inches fine mix asphaltic concrete, rolled with a four to six-ton tandem roller, or equivalent, as approved by the Village Engineer or consulting engineer.

D. Size of spaces. Each parking space shall have a minimum width of 10 feet and a minimum length of 20 feet, to provide room for standing areas and aisles for maneuvering. The aisle distance separation from back-to-back spaces shall be 25 feet. Entrance and exit roadways shall not be computed as parking space except for single-family and two-family residences, as in Subsection B of this section.

E. Access. Unobstructed access to and from streets shall be provided. Such access shall consist of at least one twelve-foot lane for parking area with less than 20 spaces and at least two twelve-foot lanes for parking areas with 20 spaces or more; except along state highways, the width of access shall not exceed 35 feet. Not more than two lanes may be so located so as to provide access to the same public highway. All such access lanes shall be separate from any other access lane by a curbing of sufficient height to prevent traffic over same and separating the access lanes by a distance of at least 50 feet. No parking space should be within 30 feet of any entranceway to a parking field having a capacity of 20 or more autos.

F. Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be paved. Except for driveways serving one- and two-family houses, the paving shall consist of three inches of one-and-one-half-inch crushed stone penetrated and rolled with a ten-ton roller and topped with a two-inch asphaltic concrete wearing surface or equivalent, as approved by the Village Engineer or consulting engineer, and except, further, that grassed areas may be used for an athletic field, stadium or agricultural use.

G. Combined uses. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Zoning Board of Appeals may reduce the total parking spaces required by 50% of the parking spaces required for the use with the least requirement.

§ 245-27 Required off-street loading berths.

A. Uses for which required. Accessory off-street loading berths shall be provided for any lot for any use specified in Use Table, Column G.[1] Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such requirements.

[1] Editor's Note: The Use Table appears at the end of this chapter.

B. Size, location and access. Each required loading berth shall be at least 10 feet wide and 40 feet long and may be located either within a building or in open space but not within required accessory off-street parking spaces or accessory drives thereto. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection C of this section.

C. Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such establishments.

§ 245-28 Additional regulations for both permitted and required accessory parking and loading berths.

A. Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces, nor any loading berth, shall be located within 25 feet of the intersection of any two street lines.

B. Screening and floodlighting. Any part of any off-street parking area with five or more spaces, and any loading berth, located in or within 50 feet of any R District or R District use, shall have a screen between the same and all lots within such R District, including those, if any, located across a residential street. If floodlighting is used, it shall be arranged so as to prevent the glare of lights toward any contiguous residential lot disregarding any intervening street.

C. On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths of such a lot may be located without regard to district lines, provided that no such parking space or loading berths shall be located in any R District, unless the use to which they are accessory is permitted in such district, or by special permit of the Zoning Board of Appeals or the Board of Trustees, as set forth in § 245-33G(1).

D. Alternate method of providing parking. Within the CBD Central Business District, as defined by this chapter, any person required to provide off-street parking for a building or use may request permission from the Board of Trustees to make a cash payment to a special parking fund in lieu of providing all or a portion of the required parking spaces, subject to the following:

(1) The Board of Trustees may, in its discretion, accept all or a portion of the offered fee-in-lieu in substitution for all or a portion of the required parking spaces. Where appropriate, it may require the submission of studies and plans demonstrating that practical considerations preclude the provision of such spaces by the applicant.

(2) The amount of the fee-in-lieu required in such case shall be established on a case-by-case basis by the Board of Trustees, based on the projected construction cost for municipal provisions of the required parking spaces, operating costs where the spaces are not revenue producing, and any loss in taxes resulting from municipal provisions of such spaces. Provision may be made for periodic payment of an amount to cover operation and maintenance costs.

(3) By acceptance of the fee-in-lieu, the Village of Haverstraw undertakes to provide parking of a type, location and quantity appropriate for the particular use within a reasonable period of time, taking into account the existing supply and demand for parking in the area of such use. The Village may charge for the use of such spaces an amount generally consistent with the charge for other publicly provided parking in the same area.

(4) At least that portion of the fee-in-lieu which is based on the projected construction cost shall be placed in a Village of Haverstraw parking fund. The expenditure of revenues from such parking fund shall be limited exclusively to those actions designed to increase the quantity and/or the quality of parking spaces available to serve properties within the CBD Central Business District.