A.
Purpose. This section is intended to provide for the location and
design of off-street parking areas to accommodate motor vehicles,
while balancing the needs of pedestrians, hikers, and bicyclists.
Parking areas are accessory to the principal use of a property. Parking
area design should reflect that relationship, reducing the visual
prominence of the parking area while emphasizing the primary buildings
and orienting pedestrians toward the principal entranceways and walkways
of a building. Standards in this section addressing the location and
design of parking areas are intended to meet this purpose. A secondary
purpose of this section is to address the quantity of parking provided.
Minimum standards are provided for each use type. Flexibility is provided
in meeting these parking standards through alternative parking provisions.
B.
Applicability. The parking requirements of this section shall apply
to new development, expansions and increases in building size, density
or intensity, and changes of use, as follows:
(1)
New development. Unless otherwise expressly stated, the parking standards
of this section apply to all new development.
(2)
Any expansion or increase in nonresidential building size or density
on a lot.
(3)
Any increase in the number of residences on a lot.
(4)
Change of use. When the use of a lot or building changes, additional
off-street parking facilities must be provided when the number of
parking or loading spaces required for the new use exceeds the number
of spaces required for the use that most recently occupied the building
based on the minimum parking standards of this section, i.e., the
owner must provide parking equal to the difference between the parking
requirement for the existing use and the parking requirement for the
new nonresidential use, not the difference between the actual existing
parking and the parking requirement for the new nonresidential use.
C.
Schedule of parking requirements.
(1)
The minimum accessory off-street parking spaces, open or enclosed,
shall be provided for uses as specified in the Schedule of Parking
Requirements, except that the Planning Board may require more spaces
based on an analysis of the specific application, based on the factors
set forth below after the Schedule. Any land developed as a unit under
single ownership and control shall be considered a single lot for
purposes of these parking regulations. Reasonable and appropriate
off-street parking requirements for buildings and uses which do not
fall within the use categories listed in this section shall be determined
by the Planning Board upon consideration of all factors entering into
the parking needs of each such use.
|
Schedule of Parking Requirements
| |
|---|---|
|
Use
|
Minimum Number of Parking Spaces
|
|
Residential Uses
| |
|
One-family detached residence
|
2 parking spaces per residence
|
|
Two-family detached residence
|
2 parking spaces per residence
|
|
Multiple residence
|
1 space per 1-bedroom residence; 2 spaces per 2-bedroom residence;
2 spaces per 3- and more bedroom residence, and an additional 1 visitor
parking space per every 4 residences
|
|
Mixed-use residential above commercial
|
2 parking spaces per dwelling
|
|
Nonresidential Uses
| |
|
Animal sanctuary
|
1 parking space per employee, plus 1 parking space per guest
unit, plus 1 parking space per every visitor during peak visiting
time period
|
|
Antique shop, art gallery
|
1 parking space per 200 square feet of retail floor area, plus
1 space per employee during peak shift
|
|
Farm market
|
1 space per 5 feet of frontage or 100 square feet of floor/sales
area, whichever requirement is less
|
|
Craft workshop
|
1 space per 200 square feet of gross floor area
|
|
Automotive garage
|
5 spaces plus 1 per employee on the largest shift
|
|
Bar, restaurant
|
1 space per every three seats, plus 1 space per employees working
on the peak shift
|
|
Bank
|
1 space per 200 square feet of gross floor area
|
|
Building contractor
|
1 space per employee on the peak shift, plus 1 space per 200
square feet of office area for customers
|
|
Bus terminal
|
1 space per employee on the peak shift, plus 1 space per 200
square feet of seating area for passengers
|
|
Cemetery
|
Minimum capacity for 40 vehicles clear of any public street
|
|
Child day-care center
|
1 space per 350 square feet of gross floor area, exclusive of
exterior play areas
|
|
Community facility
|
1 space per 200 square feet of gross floor area
|
|
Conference center
|
1 space for each 200 square feet of floor area open to the public,
including assembly areas. Administrative office space is to be parked
at 1 space per 300 square feet of administrative floor area
|
|
Concrete mixing plant
|
1 space per employee on the peak shift, plus 1 space per 200
square feet of office area for customers
|
|
Fire, police, ambulance and similar municipal building
|
1 space per employee or volunteer during the peak shift
|
|
Health fitness facility, day spa
|
Not less than the highest design hour as determined by the Planning
Board
|
|
Hotel, resort
|
1 space per each guest unit, plus 1 per 3 employees in the maximum
working shift, plus additional spaces for auxiliary uses in accordance
with the schedule for each use
|
|
Landscape materials, wholesale or retail trade
|
1 space per each 250 feet of any retail building space, plus
1 per employee on the largest shift
|
|
Laundromat
|
1 space for every 2 washing machines, plus 1 space per employee
on the peak shift
|
|
Light industry and research
|
1 space per 2 employees in the maximum working shift, plus 1
space per 1,000 square feet of office area
|
|
Microbrewery, tourism-related winery, brewery, distillery, or
similar food processing
|
1 space per employee on the peak shift, plus 1 space per every
200 square feet of customer area
|
|
Museum, cultural and performing arts center
|
1 space for each 200 square feet of floor area open to the public,
including assembly areas. Administrative office space is to be parked
at 1 space per 300 square feet of administrative floor area
|
|
Nursery school
|
1 space per 100 square feet of floor area in such use or 1 per
4 seats capacity, whichever requirement is greater
|
|
Parks and playgrounds
|
As determined by the Planning Board
|
|
Offices
|
1 space per 200 square feet of floor area
|
|
Place of worship
|
1 space per 200 square feet of floor area or 4 seats capacity,
whichever is greater
|
|
Public school
|
1 space per 300 square feet of floor area or 12 student seats,
whichever requirement is greater, plus 1 space per 2 enrolled students
over the age of 16
|
|
Public utilities
|
As determined by the Planning Board
|
|
Recreation, commercial indoor
|
Not less than the highest design hour as determined by the Planning
Board
|
|
Retail, deli, dry-cleaning establishment, general store, grocery
store
|
1 space per 150 square feet of gross floor area
|
|
Shopping center, designed
|
1 space per 150 square feet of gross floor area
|
|
Tourism related use
|
1 space per 150 square feet of gross floor area
|
|
Personal service use
|
1 space per 150 square feet of gross floor area
|
|
Wholesale or warehouse use
|
1 space per employee on the peak shift, plus 1 space per every
200 square feet of customer area, plus 1 space per 1,000 square feet
of gross floor area for customers (wholesale only), but no less than
1 space per 500 square feet of space
|
|
Any use not listed
|
Determined by the Planning Board
|
(2)
The amount of parking shall be based on the Schedule of Parking Requirements
above, adjusted as necessary to consider the following factors:
(a)
Industry studies of parking needs for the type of use proposed
or actual case-study comparisons for projects of similar character.
The Planning Board may require the developer or applicant to gather
and submit such data in support of its proposed parking provisions.
The National Parking Association and the Urban Land Institute are
examples of such industry sources.
(b)
The characteristics of the proposed customers, residents, occupants
or visitors to a given facility. Housing for the elderly would, for
example, require fewer spaces per dwelling unit than non-age-restricted
units, though the number of dwelling units might be the same.
(c)
The expected occupancy rates, traffic levels and numbers of
employees in connection with any enterprise and the degree to which
these directly relate to parking requirements.
(d)
Recommendations, if any, from other public agencies or information
sources which suggest, based on experience, the appropriate amount
of parking in connection with a given use.
(e)
The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.
D.
General standards.
(1)
All off-street parking areas and driveways, except those serving
a one-family detached residence, must be constructed with a suitably
paved surface. Both impervious paving and pervious paving, such as
pavers, pervious asphalt, and similar surfaces which allow some percolation
of stormwater may be permitted. Loose gravel is not permitted.
(2)
The storage of merchandise, materials, equipment, refuse containers,
obsolete or junk vehicles or the major repair of vehicles in public
and private parking lots is prohibited.
(3)
Except for a recreational or commercial vehicle allowed by this Zoning
chapter as regulated below, vehicles other than passenger vehicles
may not be parked or stored in any residential zoning district.
(4)
All required parking spaces shall be suitably drained. No required
parking space or loading space shall exceed a grade of 5%, unless
specifically permitted by the Planning Board. The maximum gradient
of driveways serving a residential use shall not exceed 14%. A driveway
shall have a platform with a gradient not exceeding 2% within 25 feet
of the edge of the pavement of the street on which the driveway is
accessed. The driveway shall have a negative gradient where it meets
the street pavement sufficient to prevent flow of drainage onto the
street. Upon good cause shown, the Planning Board may, in granting
approvals, modify such requirements to the minimum extent needed to
prevent undue hardship. Such modifications must be expressly requested
in writing by the applicant/owner.
(5)
Except where any other section of this Zoning chapter requires greater
distances, no required parking spaces shall be nearer than:
(a)
Five feet to the wall of any building, except a building that
is served by the parking or loading spaces, e.g., a warehouse building.
(b)
Five to a side or rear property line for any residential use.
(c)
Fifteen feet to a side or rear property line for any nonresidential
use, except that nothing shall be construed to permit parking in a
buffer.
(d)
Twenty-five feet to the boundary line of any adjoining areas
zoned for residential use or a property in residential use on a property
that is in nonresidential use, except that nothing shall be construed
to permit parking in a buffer.
(e)
Enclosed parking within primary and accessory buildings shall
be exempt from this restriction, and the building shall otherwise
meet the bulk requirements of this Zoning chapter.
(6)
Except for on-street parking that is permitted to satisfy parking
requirements, no off-street parking spaces shall be located within
a public right-of-way.
(7)
Accessory parking in residential districts. Off-street parking shall
not be permitted within the front yard, except that where a lot is
used for a one-family detached or two-family dwelling, off-street
parking may be permitted in the front yard only within a paved driveway.
Within the front yard, no driveway shall exceed 10 feet in width.
Where a driveway gives access to a garage opening(s) located within
the front facade of a dwelling, the driveway width may exceed 10 feet,
but shall not exceed the width of the garage opening(s) plus one foot
on either side of the garage opening(s), or 25 feet, whichever is
less. For purposes of these regulations, the front facade is any portion
of the exterior wall of the dwelling opposite to and facing the front
lot line.
(8)
Accessory parking in a nonresidential district. In any nonresidential
district, required off-street parking spaces may be located outside
the required side yard or in the rear yard only. The Planning Board
may permit a portion of the parking within the front yard outside
the required front yard, provided the parking area is screened from
the public right-of-way by a landscape strip.
(9)
Double-loaded spaces or stack parking shall not be permitted as a
means of satisfying the parking requirements except for one-family
detached residences within a driveway.
(10)
Parking shall be so arranged as to provide adequate area for
fire zones.
E.
Parking area design.
(1)
Location. Off-street parking spaces shall be located on the same lot as the use served except as allowed in Subsection I, below. Where practicable, parking should be located behind the front facade of the principal building on a lot.
(2)
Parking dimensions. The minimum parking stall width for a perpendicular
parking space shall be nine feet, and the minimum length shall be
19 feet. At the Planning Board's discretion, the minimum length
of the parking space may be reduced by an additional one foot where
the space is designed to allow a vehicle to overhang a curb or wheel
stop or over a landscaped or lawn area. Accessible parking spaces
shall be provided and shall meet standards of the Americans with Disabilities
Act.
(3)
Parking aisles. The width of all aisles providing direct access to
individual parking stalls shall be in accordance with the requirements
specified below, with varying aisle widths based on the angle of the
parking stalls and the direction of traffic on the aisles.
|
Parking Angle
(degrees)
|
One-Way Aisle Width
(feet)
|
Two-Way Aisle Width
(feet)
|
|---|---|---|
|
90
|
24
|
24
|
|
60
|
18
|
—
|
|
45
|
13
|
—
|
|
30
|
12
|
—
|
|
0 (parallel)
|
12
|
—
|
(4)
There shall be adequate provisions for ingress and egress to all
parking spaces. Access to off-street parking areas shall be limited
to several well-defined locations, and in no case shall there be permitted
unrestricted access along the length of the street or alley upon which
the parking area abuts. The Planning Board may require that a nonresidential
parking lot and driveways be curbed to meet this requirement. No entrance
or exit for any off-street parking area shall be located within 75
feet of any street intersection. The Planning Board may waive this
requirement as part of site plan or subdivision review and approval,
provided that it is demonstrated to the satisfaction of the Planning
Board that vehicles can safely exit a parking space due to low volumes
of traffic on the road to which the driveway shall obtain primary
access.
F.
Parking area landscaping.
(1)
Purpose. Parking lot landscaping is intended to break up expanses
of pavement, create shade, buffer views of parking lots from adjacent
streets and buildings, and enhance the overall appearance of developments.
The Planning Board may require that landscaped areas be protected
by curbs, wooden railroad ties, or other improvement to ensure that
vehicles will not park on top of the landscaped area.
(2)
Applicability. All parking lots with 10 or more parking spaces or
eight (8) or more spaces in a single row shall be subject to the requirements
of this section.
(3)
Perimeter landscaping.
(a)
The view of parking areas from all abutting streets must be
visually screened by permitted buildings, fences, walls, hedges, or
by a combination thereof. Each fence, wall or hedge shall be not less
than two feet six inches in height. This screening requirement is
not to be interpreted as prohibiting the installation of or provision
for openings reasonably necessary for access drives and walkways.
(b)
Where a parking area is located adjacent to a residential use,
screening of any area not less than 10 feet in width immediately adjacent
to the shared property line shall be met by a combination of building,
fence, wall or hedge designed in accordance with the requirements
of the Zoning chapter.
(4)
Interior landscaping. All parking areas subject to this subsection
shall include interior landscaping according to the following standards:
(a)
Landscaped islands with a minimum width of eight feet and surrounded
by a minimum six-inch curb shall be provided to direct the flow of
traffic and to provide a place for shade trees to be planted.
(b)
At least one tree per 10 spaces shall be provided within the
parking lot. No more than 12 contiguous spaces shall be permitted
in a row without a landscaped island of at least five feet including
curbing within which the tree is to be planted.
(c)
Additional landscaping, including shrubs and ground cover, may
be required by the Planning Board through the site plan review process.
G.
Minimum off-street parking standards.
(1)
Purpose. The minimum parking standards are intended to lead to the
creation of sufficient off-street parking to accommodate most of the
demand for parking generated by the range of uses on a site, particularly
in areas where sufficient on-street parking in not available. They
are also intended to lead to the creation of sufficient parking on
a site to prevent parking for nonresidential uses from encroaching
into adjacent residential neighborhoods.
(2)
Rules for computing minimum parking requirements.
(a)
Where a fractional space results, the required number of parking
spaces shall be rounded to the next whole number.
(b)
In the case of mixed uses, the number of parking spaces required
is equal to the sum of the requirements for the various uses computed
separately, except for reductions allowed below.
I.
Off-site facilities. Required accessory parking spaces, open or enclosed,
shall be provided upon the same lot as the use to which they are accessory,
or elsewhere, provided that all spaces therein are located within
200 feet of the nearest lot line of the lot that the parking serves.
In all cases, parking spaces shall conform to all the regulations
of the district in which they are located, and in no event shall such
parking spaces be located in any residence district unless the use
to which the spaces are accessory is permitted in such residence district.
Such spaces shall be in the same ownership as the use to which they
are accessory and shall be subject to an easement or deed restriction,
approved by the Planning Board after review by the Village Attorney,
and binding upon the owner and his heirs and assigns, who shall maintain
the required number of spaces so long as the use to which they are
accessory exist, or until such spaces are provided elsewhere in conformity
with the provisions of this section.
J.
Joint use. The Planning Board, in approving a site plan, may allow
off-street parking and loading spaces required for structures or uses
on the same or adjacent lots to be provided in a single common facility,
on one or more of said lots, subject to the following:
(1)
The total capacity of the common facility shall be the sum of the
requirements of each individual use, except that said total capacity
may be reduced by the Planning Board, provided that the applicant
demonstrates to the satisfaction of the Planning Board that the capacity
of such facility will meet the intent of the requirements by reason
of the provision of nonreserved parking spaces and variation in the
probable time of maximum use by residents, visitors, patrons and employees
among such uses. The total number of spaces that can be eliminated
shall not exceed 35% of the total required parking spaces calculated
for the development. In such event, hours of operation may be imposed
by the Planning Board as a condition of site plan approval and may
be so noted by map note and by reference to Planning Board resolution
on the certificate of occupancy issued with respect to the premises.
The Planning Board may require that an unimproved reserve area be
set aside to meet the full requirement for parking.
(2)
As a condition of the approval of the joint use, the Planning Board
shall require a legal instrument satisfactory to the Planning Board
and Village Attorney assuring the continued existence and use of said
parking spaces in connection with the uses and structures that they
serve. Such instrument shall also guarantee that, upon termination
of such use, each individual participant will provide off-street parking
and loading spaces for its own use in accordance with all requirements
of this Zoning chapter. Such instrument shall be recorded in the office
of the County Clerk of Rockland County.
K.
Commercial vehicles in residential districts. One commercial vehicle,
not exceeding 20 feet in length, seven feet in height and six feet
in width, may be parked on an occupied lot in any residential district,
but not within the required yard of such lot and in no case between
the street line and the principal building. One commercial vehicle
not exceeding 20 feet in length, seven feet in height and six feet
in width may be parked within a private garage in any residential
district. For purposes of this section, limousines are considered
commercial vehicles. A commercial vehicle shall be registered to the
owner who shall be the occupant of the dwelling or a company vehicle
used solely by the occupant of the dwelling.
L.
Trailers. The storage or parking and use of a trailer by any person
or persons is hereby prohibited in all districts, except that:
(1)
One camping trailer or motor home not exceeding 35 feet in length
may be stored on an occupied lot in any residential district, provided
that such trailer or motor home is not stored within a required yard
or between the street line and the principal building. Said trailer
or motor home shall be stored on-site only and shall not be occupied.
(2)
Where a building permit has been issued for the construction or alteration
of a building, the Code Enforcement Officer may issue a temporary
permit for one trailer for a period not to exceed six months. Said
temporary permit may be extended for an additional period of six months
where the Code Enforcement Officer finds that construction has been
diligently pursued and that justifiable circumstances require such
an extension. In no event shall the total period of the permit and
extensions exceed one year. Said trailer may be occupied during the
term of the temporary permit and shall be situated upon the lot for
which the building permit has been issued. Prior to the issuance of
such a temporary permit, the Planning Board shall approve the location
of said trailer on the lot. Said Board may attach to its approval
whatever conditions are deemed necessary to carry out the intent of
this Zoning chapter.
M.
Commercial vehicles.
(1)
The parking of more than one commercial vehicle on any lot shall
constitute a contractor yard and shall not be allowed except as otherwise
permitted in this Zoning chapter.
(2)
Heavy construction equipment, i.e., bulldozers, loaders, cranes,
and similar equipment, shall not be parked or stored on any residential
lot except in conjunction with construction occurring on-site. The
storage of heavy construction equipment shall be deemed a contractor
yard and shall not be allowed except as otherwise permitted in this
Zoning chapter.
(3)
Tractor trailers, garbage trucks, dump trucks, tow trucks, and similar
vehicles shall not be parked or stored on any residential lot or within
a residential zoning district within the Village of Hillburn.
N.
Off-street loading.
(1)
In any district, in connection with every building, or building group
or part thereof hereafter erected and having a gross floor area of
10,000 square feet or more, which is to be occupied by light industrial
or commercial uses or distribution by vehicles of material or merchandise,
there shall be provided and maintained, on the same lot with such
building, off-street loading berths in accordance with the Schedule
of Loading Requirements, as follows:
|
Schedule of Loading Requirements
| ||
|---|---|---|
|
Use
|
Square Feet of Gross Floor Area
|
No. of Loading Berths
|
|
School
|
15,000 or more
|
1
|
|
Hotels and Offices
|
10,000 or more
|
1
|
|
Retail, Commercial and Miscellaneous
|
10,000 to 25,000
|
1
|
|
25,001 to 40,000
|
2
| |
|
40,001 to 60,000
|
3
| |
|
60,001 to 100,000
|
4
| |
|
For each additional 50,000
|
1 or major fraction thereof
| |
(2)
Required loading berths shall be located in the side or rear yards.
O.
Establishment and regulation of bus stops.
(1)
Designation and regulation. The Village Board of Trustees shall establish
designated bus stop locations within the Village. Bus stop location
designations shall be made by resolution of the Board of Trustees
and may be modified in the same manner from time to time.
(2)
Fines. Violations shall be subject to fines, which fines shall be
established by resolution of the Village Board of Trustees and may
be modified in the same manner from time to time.
(3)
Enforcement. This subsection shall be enforced by the Village Code
Enforcement Officer.
P.
Idling of engines.
(1)
No person or legal entity that owns, operates or leases a motor vehicle
or who has actual control of the operation of a motor vehicle, whether
passenger or commercial, shall cause or permit the engine of such
motor vehicle to idle during the nighttime period from 11:00 p.m.
to 6:00 a.m. for more than 20 consecutive minutes.
(2)
Exceptions. The restrictions in this subsection shall not apply to:
(a)
Motor vehicles which are required or forced to remain motionless
because of conditions over which the operator has no control.
(b)
Motor vehicles left idling in order to comply with federal,
state or local regulations, including but not limited to regulations
requiring that a specific temperature be maintained within the motor
vehicle, which exception shall only apply to vehicles within a nonresidential
zoning district.
(c)
Motor vehicles left idling in order to maintain a temperature
within the motor vehicle that is reasonably necessary for the health
of the motor vehicle's driver and/or passengers.
(d)
Situations in which the motor vehicle's engine is being
used to provide emergency power for an auxiliary purpose other than
transportation.
(e)
Police, fire, public utility and other vehicles used in public
service.
