Town of Haverstraw, NY Article IX Off-Street Parking and Loading

§ 167-68 Off-street parking requirements.

A. Applicability to all uses. Accessory off-street parking spaces, open or enclosed, shall be provided as specified in Use Table, Column 7.[1] Any land which is developed as a unit under single ownership and control is subject to the regulations of Use Table, Column 7, and shall be considered a single lot for the purpose of such regulations.

[1] Editor's Note: The Tables of General Use Requirements is included at the end of this chapter.

B. Areas computed as parking spaces.

(1) Areas which may be computed as open or enclosed off-street parking spaces include private garages, carports or other areas available for parking, other than streets or driveways.

(2) Driveways 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 § 167-61E.

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 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 districts or by special permit of the Zoning Board of Appeals or the Town Board. 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 Rockland County Clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere.

D. Backing onto 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 onto any public highway.

E. Driveway construction. All driveways shall be constructed in accordance with the Town's Construction Standards for Subdivisions and Site Plans (Chapter A172 of the Town Code).

F. Size of spaces. Each parking space shall have a minimum width of nine feet and a minimum length of 18 feet to provide room for standing areas and aisles for maneuvering. The aisle distance separation for back-to-back spaces shall be 25 feet. Entrances and exit roadways shall not be computed as parking spaces.

[Amended 1-14-2013 by L.L. No. 1-2013[2]]

[2] Editor’s Note: This local law was originally adopted as L.L. No. 6-2012 but was renumbered as L.L. No. 1-2013 upon filing with the Secretary of State.

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

H. Handicapped spaces. All handicapped spaces shall be provided as required by the New York State Uniform Fire Prevention and Building Code, in the quantity required by New York State Vehicle and Traffic Law and all applicable federal laws, rules and regulations.

I. Joint facilities. Required parking spaces, open or enclosed, may be provided in space designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all establishments.

J. 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.

K. Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces shall be located within 50 feet of the intersection of any two street lines.

L. Screening. Any part of any off-street parking area with five or more spaces, located in or within 50 feet of any R District or R District use, shall have a screen between the same and lots within such R District, including those, if any, located across a residential street.

M. Floodlighting. Floodlighting shall be arranged so as to prevent the glare of lights toward any contiguous residential lot, disregarding any intervening street.

N. On lots divided by zoning district boundaries. When a lot is located partly in one zoning district and partly in another zoning district, the regulations for the zoning district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to zoning district lines, provided that no such parking space shall be located in any R District unless the use to which it is accessory is permitted in such district or by special permit of the Zoning Board of Appeals.

O. Reduction of off-street parking. The Planning Board, in conjunction with site development plan approval, may permit a reduction of the number of developed parking spaces where adequate accessible reserve areas are available and designated on the plan as areas for overflow parking. This reduction by the Planning Board may not exceed 25% of the normally required amount. The Planning Board may also permit a reduction in the size of a designated number of parking spaces to accommodate employee parking.

P. Commercial vehicles. Permitted off-street parking spaces, open and enclosed, are permitted accessory to any use, provided that 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.

Q. Parking requirements for shopping centers. A shopping center shall be provided with one parking space for every 250 square feet of gross leasable area, or part thereof.

[Added 1-14-2013 by L.L. No. 1-2013[3]]

[3] Editor’s Note: This local law was originally adopted as L.L. No. 6-2012 but was renumbered as L.L. No. 1-2013 upon filing with the Secretary of State.

§ 167-68.1 Garages.

[Added 10-10-2017 by L.L. No. 7-2017]

A. At least one garage is required per each residential dwelling unit, and it is intended to provide off-street vehicular parking and incidental household storage. It cannot be used for any commercial purpose or leased or used to someone other than the house's owner or tenant.

B. Garages may be attached or detached. If a garage is attached to the principal structure it shall be considered a part of that structure and must comply with all requirements for a principal structure. If a garage is detached it shall conform to the requirements for an accessory building as provided for in all ordinances of the Town of Haverstraw.

C. No garage can be used as "habitable space," which includes "living, sleeping, eating or cooking." Bathrooms and open-flame heaters are prohibited.

D. Any existing garage in a dwelling shall not be expanded, altered, reconstructed or converted so as to eliminate such existing garage, unless a one-car garage remains or a new garage is constructed on the property in a manner that shall conform to the requirements of all applicable provisions of all ordinances of the Town of Haverstraw.

E. Renovations like permanent enclosure of a garage with a framed wall, brick, siding or other materials shall conform to the requirements of all applicable provisions of all ordinances of the Town of Haverstraw.

F. Faucets and utility sinks that meet the Town Code are permitted, as is basic electrical service for minor repairs or hobbies.

G. Garages must be enclosed only by a nontransparent overhead retractable door that allows vehicles to enter and exit freely. Other types of garage doors that are consistent with the home's architecture, like carriage doors, can be used if the Town approves. The door must meet State Building Code standards.

§ 167-69 Off-street loading requirements.

A. Uses for which required. Accessory off-street loading berths shall be provided for any lot for any use specified in Use Table, Column 8.[1] Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of such requirements.

[1] Editor's Note: The Tables of General Use Requirements are included as an attachment to this chapter.

B. Size. Each required loading berth shall be at least 15 feet wide, 40 feet long and 14 feet high, except as provided for funeral homes in Use Table, Column 8 (Commercial Districts).

C. Location. Each required loading berth may be located either within a building or in open space, but not within required accessory off-street parking spaces or accessory driveways thereto. 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 E.

D. Access. Unobstructed access at least 10 feet wide to and from a street shall be provided.

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

F. Access near street corners. No entry or exit for any accessory off-street loading area with over two loading berths shall be located within 50 feet of the intersection of any two street lines.

G. Screening. Any part of any off-street loading area with two or more spaces, located in or within 50 feet of any R District or R District use, shall have a screen between the same and lots within such R District, including those, if any, located across a residential street.

H. Floodlighting. Floodlighting shall be arranged so as to prevent the glare of lights toward any contiguous residential lot, disregarding any intervening street.

I. 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 loading berths shall apply to all of the lot. Loading berths on such a lot may be located without regard to district lines, provided that no such loading berth shall be located in any R District unless the use to which it is accessory is permitted in such district or by special permit of the Zoning Board of Appeals.

J. Where permitted. Permitted off-street loading berths, open and 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.