Town of Parma, NY
Monroe County
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[Amended 4-15-2003]
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 and Schedule II.[1] None of the off-street parking facilities as required herein shall 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. The requirements for off-street parking shall not apply to spaces used for the display of motor vehicles offered for sale, provided that such spaces are not used for or made available for customer, employee, or other visitor parking.
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 18 feet in depth exclusive of accessways and driveways.
[Amended 1-15-2013 by L.L. No. 1-2013]
(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, in compliance with provisions of the Town Fire Code.
[Amended 4-15-2003]
(4) 
Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of five percent 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 comply with ICC/ANSI A117.1 and shall be at least 11 feet in width and 18 feet in depth.
[Amended 4-15-2003; 1-15-2013 by L.L. No. 1-2013]
(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 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) 
Off-street parking for nonresidential or multiple-family uses shall be set back not less than 25 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 within 20 feet of 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.
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 proposed 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 proposed to serve.
(2) 
For multiple-family dwellings: not more than 200 feet from the building they are proposed to serve.
(3) 
For other uses: not more than 350 feet from the building they are proposed 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, 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. 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 chapter, the requirements for off-street parking facilities shall be determined by the 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. Said document shall bind the owner, his heirs and assigns to maintain the required joint use throughout the life of such uses and shall be approved by the Town Attorney.
H. 
Cross-access easements. In the review of site plans, the Planning Board may, as a condition of approval, require cross-access easements. Such an easement would be activated to connect the parking lots of adjacent areas if and when the adjacent lots are developed for nonresidential purposes.
I. 
Required off-street parking space. The minimum number of off-street parking spaces for specific uses as regulated in this chapter is contained in Schedule II which is a part of this chapter.[2]
[2]
Editor's Note: Schedule II is included at the end of this chapter.
[1]
Editor's Note: Schedule II is included at the end of 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 commerce and industry as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, there shall be adequate space provided and permanently maintained for loading and unloading berths provided on the same lot with such building. Such berths shall be located in order to avoid undue interference with the public use of streets, alleys or off-street 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 one point 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 roads and to encourage the fronting of significant traffic-generating uses upon a parallel access road and not directly upon a primary road. 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.
Fences shall be permitted or required as follows:
A. 
Provisions applicable to all districts.
(1) 
Except for fences associated with agricultural uses, a building permit shall be required for the erection of any fence or privacy structure. A site plan showing the proposed location and details of the fencing or privacy structure shall be provided with the application for the permit.
(2) 
Closed fences shall not be permitted along any front lot line or along side lot lines between the front setback line and the highway right-of-way. Open fences along these lot lines shall not be higher than three feet above the adjacent ground level. Open fences allowed herein shall be encouraged to be decorative, such as a split-rail fence or board fence. Except as provided for in this article, wire fences, other than chain link, shall be prohibited.
(3) 
No fence shall be erected to encroach on any property line or upon a public right-of-way or designated easement.
[Amended 4-15-2003]
(4) 
Where the land is used and occupied as a farm, open style fences shall be permitted, as necessary, to restrain livestock.
(5) 
No fence which is expressly designed with an intent to injure or malign anyone who attempts to climb such a fence shall be permitted. The exceptions to this rule are certain types of fences listed below in Subsection C(1).
(6) 
The finished or decorative side of a fence shall face away from the applicant's yard.
[Amended 4-15-2003]
(7) 
Chain link fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from either the side or rear property line.
[Amended 4-15-2003]
(8) 
The restrictions specified herein shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(9) 
No fence that would impede or direct the flow for stormwater runoff shall be erected in a special flood hazard area.
B. 
Provisions applicable to residential districts.
(1) 
Fences may be erected up to a height of four feet within the rear or side yard.
(2) 
Privacy structures and open and closed fences up to a height of six feet may be permitted on a lot for the express purpose of enclosing or screening a swimming pool or patio area. Such privacy structures shall be subject to the front, side and rear setback requirements of the zoning district. The complete enclosure of a yard in this manner shall not be permitted.
(3) 
Up to 50 linear feet of fencing, up to a maximum of six feet in height, may be installed without a permit to enclose a run or pen for domestic animals, subject to the front, side and rear setback requirements of the zoning district.
[Amended 4-15-2003]
C. 
Provisions applicable to nonresidential districts.
(1) 
Certain fences permitted; conditions.
[Amended 1-15-2013 by L.L. No. 1-2013]
(a) 
All fences allowed in residential districts.
(b) 
A fence up to a height of 10 feet, including a barbed-wire-top or an electric-shock fence, may be permitted in the HC Highway Commercial, GC General Commercial and LI Light Industrial Districts upon approval of the Town Board. In order to obtain approval of the Town Board, the applicant must demonstrate that any one of the following conditions exists:
[1] 
The fence is needed to prevent entry to an area which may be hazardous to the health, safety or welfare of a person or persons.
[2] 
The fence is needed to secure an area where materials and/or equipment are stored.
[3] 
The fence is needed to keep animals, other than common household pets, except in a kennel situation, from leaving the site.
[4] 
In the Board's opinion, other reasons are presented which, in the general community interests of public safety, justify the need for such a fence.
(c) 
If such fencing is approved by the Town Board, the fact that it is either barbed or electrified shall be clearly indicated on the fencing at intervals of not more than 75 feet.
Private swimming pools shall be permitted as an accessory use in the AC Agricultural Conservation District and any residential district, provided that there is an existing residence on said lot and the following regulations are complied with:
A. 
Fences. Swimming pools shall be completely enclosed and secured by a fence and gate in accordance with applicable NYS codes.
[Amended 4-15-2003]
B. 
Setbacks.
(1) 
Outdoor swimming pools shall be located in the rear or side yard. Such pools shall meet the setback requirements of the specific zone district in which they are located.
(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 a swimming pool unless the applicant can show that the proposed drainage of such pool is adequate and will not interfere with the property of others, with public highways or with area drainage facilities.
D. 
Lighting. No lights shall be erected, operated or maintained in connection with a swimming pool in such a manner as to create an annoyance to surrounding properties.
E. 
Overhead wiring. All overhead wiring shall be installed in accordance with the National Electric Code.
F. 
Permits. Building permits shall be required for all swimming pools 24 inches deep or deeper.
G. 
Compliance with governmental requirements. Applications for swimming pool permits shall comply with these regulations and all applicable requirements of the State of New York and the County of Monroe, including plumbing and building codes. Where the regulations of the Town, county and state are inconsistent, the more restrictive requirements shall govern.