A.
Off-street parking requirements. Off-street parking spaces, open
or enclosed, are permitted as accessory to any use subject to the
following provisions:
(1)
Parking requirements. Accessory off-street parking spaces, open
or enclosed, shall be provided for any use as specified herein. Any
land which is developed as a unit under single ownership and control
shall be considered a single lot for the purpose of these parking
regulations.
(2)
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include a private garage, carport, or other area available for parking, other than a street. A driveway within a required front yard for a one-family or two-family residence may be used to meet the off-street parking requirements, other than on the portion of a corner lot which is subject to the provisions of § 310-4.1B.
(3)
Size of spaces. Entrance and exit lanes shall not be computed
as parking space except for driveways for one-family and two-family
residences. Minimum parking stall width shall be nine feet, minimum
length shall be 20 feet, and a clear backup space of 24 feet shall
be provided. Where parking is arranged back to back, each parking
space may share a common backup space.
(4)
Access. Unobstructed access to and from a street with internal
turn-around area shall be provided. Such access shall consist of at
least one fifteen-foot lane for parking areas with 20 spaces or more.
No entrance or exit for any off-street parking area shall be located
within 75 feet of any street intersection; nor exceed a grade in excess
of 5% within 25 feet of any street line.
(5)
Drainage and surfacing. All open parking areas shall be properly
drained, and all such areas shall be provided with a dustless surface,
except for parking spaces accessory to a one-family or two-family
residence on their own individual lot. The maximum slope of a parking
area shall not exceed 5%, nor be less than 1/2 of a percent. The regulation
of a minimum of 1/2 of a percent may be eliminated if proper drainage
can be designed and approved by a licensed engineer.
(6)
Joint facilities. Required parking spaces, 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 spaces in such joint facilities shall not be less than the
total required for all such establishments and the establishments
are on adjoining lots.
(7)
Combined spaces. 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 Planning Board may reduce
the total parking spaces required, but in no case below the least
requirement.
(8)
Location and ownership. 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 all spaces therein are located
within 300 feet walking distance of such lot. In all cases, such parking
spaces shall conform to all the regulations of the district in which
the parking spaces are located; and in no event shall such parking
spaces be located in any residential district unless the use to which
the spaces are accessory are permitted in such residential district.
Such spaces shall be in the same ownership as the use to which they
are accessory and shall be subject to deed restriction, approved by
the Planning Board, binding the owner and his heirs and assigns to
maintain the required number of spaces available either throughout
the existence of the use to which they are accessory, or until such
spaces are provided elsewhere. The Town Board, on application, may
permit parking space in a public parking facility to be computed in
meeting parking requirements, subject to the payment of a fee for
each public parking space to be used to meet the parking requirements
as such fee may be established by the Town Board.
(9)
Parking on separate lot. Where off-street parking is located
on a separate lot than occupied by the principal use, site plan approval
for both is required.
(10)
On lots divided by district boundaries. When a parking lot is
located partly in one district and partly in another district, the
regulations for the district requiring the greater number of parking
spaces shall apply to the entire lot. Parking spaces on such lot may
be located without regard to district lines, provided that no such
parking spaces shall be located in any residential district, unless
the use to which they are accessory is permitted in such district
or upon approval by the Planning Board.
(11)
Prohibited use. The use of any required parking space for the
storage of any motor vehicle for sale, or for any other purpose than
the parking of motor vehicles, is prohibited.
B.
Off-street loading berths. Open or enclosed are permitted subject
to the following:
(1)
Loading requirements. Accessory off-street loading berths shall
be provided for any use specified herein. Any land which is developed
as a unit under single ownership and control shall be considered a
single lot for the purpose of these loading requirements. Reasonable
and appropriate off-street loading requirements for structures and
uses which do not fall within the categories listed herein shall be
determined by the Planning Board upon consideration of all factors
entering into the loading needs of each such use.
(2)
Size of spaces. Each required loading berth shall be at least
12 feet wide, 60 feet long, and 14 feet high, except that the Planning
Board may modify these requirements in particular cases upon consideration
of all factors.
(3)
Location and access. 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. No
entrance or exit for any off-street parking area shall be located
within 75 feet of any street.
(4)
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 aggregate
of all such requirements.
(5)
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 the entire lot. Loading berths on such lot may not be located
in any residential district, unless the use to which they are accessory
is permitted in such district, subject to the approval of the Planning
Board.
C.
Parking regulations in multiple residences or attached dwelling developments.
Wherever space is provided for the parking of five or more vehicles
in the open, such spaces shall be individually identified by means
of pavement markings. No parking space shall be located in a front
yard or within 10 feet of any lot line in side or rear yards. The
parking of motor vehicles is prohibited within 15 feet of any wall
or portion thereof of a two-or-more-family dwelling, which wall contains
windows (other than bathroom or kitchen windows) with a sill height
of less than eight feet above the level of said parking space. Parking
areas shall be screened by a substantial wall, fence, or thick hedge,
approved by the Planning Board. Generally, such screening shall not
be less than three or more than eight feet in height. No parking areas
in multiple-residence developments shall be used for storage of partially
dismantled vehicles, and no servicing of any kind which creates disturbing
noise or fumes, or the discharge of oil or pollutants into the drainage
system of such lot, shall be permitted.
D.
Driveways shall be set back a minimum of five feet from all property
lines.
E.
Commercial vehicles.
(1)
One commercial vehicle not exceeding 25 feet in length may be
parked on an occupied lot in an R, REC or PRD District, but not within
the required yards of such lot and in no case between the street line
and the principal building.
(2)
One commercial vehicle not exceeding 25 feet in length may be
parked within a private garage in any residential district.
(3)
Parking of commercial farm vehicles is permitted as accessory
to a commercial farm use in any residential district or AG District.
F.
Trailers and boats.
(1)
The storage or parking and use of a trailer, recreational vehicle
or boat by any person or persons are hereby prohibited in all districts,
except that:
(a)
Two unoccupied trailers or recreational vehicles and two boats,
but no more than three total, may be stored, but not occupied, on
an improved lot in any residential district (except the HR Residence
District), provided that said trailers, recreational vehicles or boats
are not stored within any required yard.
(b)
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 habitable trailer for a period not to exceed
12 months. Said temporary permit may be extended for one additional
period of 12 months if the Code Enforcement Officer finds that construction
has been diligently pursued and that justifiable circumstances require
such an extension. 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 by the Code Enforcement Officer, the location of
said trailer on the lot shall be subject to approval by the Code Enforcement
Officer.
(2)
In the HR Residence District, not more than one boat or trailer
per dwelling unit may be stored on an occupied lot, provided that
such boat or trailer is not stored within any required yard, nor between
the street line and the principal building.
G.
Minimum off-street parking spaces in all districts. Off street parking
requirements shall be as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
|
Table 7
| |
|---|---|
|
Off-Street Parking Requirements
| |
|
Use
|
Parking Spaces Required
|
|
Agricultural uses
|
As determined by Planning Board
|
|
Amusement facilities
|
1 space per 5 customers, plus 1 space for each 2 employees
|
|
Auditoriums/theaters/public assembly
|
1 parking space for every 3 seats
|
|
Auto repair/gasoline service stations
|
1 space per 300 square feet of floor area, plus one per service
bay
|
|
Automobile sales
|
1 space per 1,000 square feet of utilized site area
|
|
Banks
|
1 space per 300 square feet of floor area
|
|
Bed-and-breakfast establishments
|
2 spaces for primary dwelling unit, plus 1 for every guest room
|
|
Boat docks/boat ramps
|
1 space for each 5 members
|
|
Bus stops/taxi stands/trans. terminals
|
1 space per 100 square feet of waiting room space
|
|
Car washes
|
2 stacking spaces per washing bay, plus 1 drying space per washing
bay
|
|
Convenience stores
|
1 space per 250 square feet floor area
|
|
Dormitories
|
1 per every 2 dormitory rooms, plus one for resident manager
|
|
Dwelling units (one-family)
|
2 parking spaces per dwelling unit
|
|
Dwelling units (multifamily)
|
2 per dwelling unit, plus 1/2 space per unit for guests
|
|
Dwellings, townhouse
|
2 per dwelling unit, plus 1/2 space per unit for guests
|
|
Farm stands
|
1 per 250 square feet of retail floor area
|
|
Golf courses/clubs
|
10 parking spaces for each tee
|
|
Greenhouses/nurseries
|
1 space for each 300 square feet of retail sales area
|
|
Houses of worship
|
1 space for every 4 seats in public assembly areas
|
|
Home occupations
|
2 spaces in addition to dwelling unit requirements
|
|
Hotels, motels
|
1 space per rental unit, plus 1 space for each 2 employees
|
|
Industrial/manufacturing/laboratories
|
1 space for each 400 square feet of floor area
|
|
Libraries/museums/galleries
|
1 space per employee, plus 1 space per 1,000 square feet building
|
|
Marinas/clubhouses
|
1 space for every 3 seats, and 1 space per boat dock/slip
|
|
Medical/dental offices
|
3 spaces per doctor or dentist, plus 1 for each 2 employees
|
|
Outdoor recreation
|
1 space for each 3 persons of capacity
|
|
Personal service shops
|
1 per 200 square feet of floor area
|
|
Places of public assembly
|
1 space per 5 seats
|
|
Professional offices
|
1 space for each 300 square feet of office space
|
|
Restaurants/drinking establishments
|
1 space for every 4 seats
|
|
Restaurants, takeout
|
1 space per employee and 1 per 250 square feet retail area
|
|
Retail sales
|
1 space per 250 square feet of floor area
|
|
Schools, public or private
|
1 per teacher, employee, and classroom, plus loading areas
|
|
Self-service laundries
|
1 space per 2 washing machines
|
|
Self-storage facilities
|
1 space per 20 rental units, plus 2 for office
|
|
Nonprofit organizations
|
1 space for each 3 persons of capacity use
|
|
Unspecified uses
|
As defined by the National Parking Association or ULI
|
|
Theaters
|
1 space for every 3 seats
|
|
Vacation campgrounds
|
1 space per campsite, plus 1 space per employee
|
|
Veterinary hospitals
|
1 space for each 5 cages, plus 1 space per employee
|
|
Wholesale warehouses
|
1 space for 1,000 square feet of floor area
|
|
Parking for persons with disabilities: Any person, firm or corporation
owning a shopping center or facility with at least five separate retail
stores and at least 20 off-street parking spaces which are provided
for use by the public must designate as only for the handicapped and
clearly mark for use by the handicapped a minimum of 5% of such parking
spaces or 10 such spaces, whichever is less. These spaces must be
located as close as reasonably practicable to the business and reasonably
distributed so as to provide convenient access for use by handicapped
drivers.
| |
|
Note: Where calculation in accordance with the foregoing list
results in requiring a fractional space, any fraction less than 1/2
shall be dropped and any fraction 1/2 or more shall require one space.
Where circumstances require, the Planning Board may modify the parking
requirements provided in this section.
| |
Within the MX Mixed-Use District, off-street parking shall only
be permitted in the rear yard. Where feasible, access to off-street
loading should be provided from designated alleys that are at least
15 feet in width. Applicants can meet their off-street parking requirements
in one or more of the following manners:
Existing buildings and uses are exempt from the provisions of
this article, and it shall not apply to:
A.
Any building or structure or lot lawfully in use at the effective
date of this chapter, whether continued as a permitted or legal nonconforming
use or thereafter converted or changed without enlargement to a different
lawful use having the same parking and truck-loading requirements.
B.
Where a use is located within 500 feet walking distance of the entrance
to one or more municipal parking facilities, the Planning Board may
waive the required parking for such use in whole or in part. Such
waiver shall not be made unless the Planning Board shall find that
capacity sufficient to accommodate the additional demand exists at
the facility or facilities or will be provided prior to the proposed
use being put into operation.
C.
Upon the establishment of a Municipal Parking Fund by the Town Board,
the Planning Board may require that a monetary contribution be paid
into said fund in lieu of provision of parking which would otherwise
be required on site. In making the determination, the Town Board shall
find that the parking requirement for the particular use cannot reasonably
be satisfied either on site or by utilization of a nearby municipal
parking facility. The amount of such payment shall be on a per-space
basis; such space figure shall be established by the Town Board and
may be amended periodically.
A.
The Planning Board, at its discretion, may require a traffic impact
study by an independent engineer with any special use/site plan application
involving an activity likely to generate more than 500 trip-ends per
day based on the following daily rates:
|
Table 8
| |
|---|---|
|
Trip Generation
| |
|
Car washes
|
108.0 trip-ends per car stall
|
|
Convenience markets
|
605.6 trip-ends per 1,000 square feet gross floor area
|
|
Industrial uses
|
3.3 trip-ends per employee
|
|
Institutional uses
|
4.0 trip-ends per employee
|
|
Fast-food restaurants
|
23.9 trip-ends per seat
|
|
Offices
|
6.0 trip-ends per employee
|
|
Other commercial uses
|
50.0 trip-ends per 1,000 square feet gross floor area
|
|
Residential uses
|
9.6 trip-ends per dwelling unit
|
|
Restaurants
|
7.9 trip-ends per seat
|
|
Supermarkets
|
177.6 trip-ends per 1,000 square feet gross floor area
|
|
Other uses
|
See Trip Generation, Institute of Transportation Engineers
|
B.
The study shall examine existing and projected traffic flows before and after development and generally follow the guidelines set forth for such studies by the Institute of Transportation Engineers. Its purpose shall be to ensure that the standards of Subsection E below are met, and that the proposed developments do not adversely affect the transportation network. The study shall identify any traffic problems associated with access to the site from the network, and it shall identify solutions to potential problems and any improvements needed. The scope of the study shall be approved in advance by the Planning Board with the final product incorporated in the SEQRA submission. This requirement shall apply in the case of state or county, as well as Town, roads.
C.
The applicant shall be responsible for all costs associated with any improvements or mitigation measures identified by the traffic study as necessary to comply with the standards of Subsection E below. Should the improvements or mitigation measures benefit the Town or other parties, the Town Board may review and approve a cost-sharing plan, with input from the Town's legal and engineering consultants. Such a cost-sharing plan shall be based on evidence provided in the traffic study that the costs of the proposed improvements or mitigation measures should be allocated between the applicant and other parties, such as the Town, county, state or other private owners, who may benefit from such improvements constructed or implemented by the applicant.
D.
Nothing herein shall limit the Planning Board's authority to require
a traffic study for a development with lesser trips as part of its
SEQRA review obligations.
E.
Traffic impact standards.
(1)
No decision shall be made to approve the construction of any
development if the Planning Board determines that the result of such
development will be to create one or more of the following peak-hour
traffic impacts within two miles of any vehicular access point to
the subject site during the first year of operation of the proposed
project or, in the case of phased construction, during the first year
of operation of any phase for which approval is sought:
(a)
A reduction in level of service to less than Level D at any
street intersection or for any individual traffic movement.
(b)
A significant adverse impact on the operation of streets or
intersections projected to be operating during the target year, at
Level of Service E or below.
(c)
Traffic volumes significantly over the capacity of the mainline
(nonintersection) highway sections.
(2)
In projecting future levels of service and the capacity of mainline
highway sections, accepted traffic engineering procedures, as determined
satisfactory by the Planning Board, shall be utilized, using the following
requirements as a guide:
(a)
Base-year traffic conditions, including peak-hour traffic volumes
and turning movements, must be documented either through direct field
surveys or from other acceptable available current data sources.
(b)
Projected volumes must include estimated traffic generation
from the proposed development during peak hours of on-site traffic
activity as well as peak hours of street system activity.
(c)
Daily trip generation estimates must be provided. Information
published by the Institute of Transportation Engineers (ITE) will
generally be relied upon as a basis for estimating trip generation,
although the approving agency may allow or require a departure from
the use of specific ITE averages where said agency determines that
such departure is warranted by unique characteristics which may be
present in the proposed project.
(d)
Allowance must also be made for traffic which is expected to
be generated by other projects already approved or under construction
within the Town or within neighboring communities, as well as an additional
allowance for general regional traffic volume changes.
(e)
Estimated traffic generation must be distributed throughout
the access network in accordance with clearly stated distribution
assumptions determined acceptable by the approving agency.
(f)
The capacity analysis of the intersections or mainline-highway-section
roadway system shall be calculated both with and without site-generated
traffic. In analyzing such capacity, the applicant shall use methods
generally recognized by national authorities, such as the Transportation
Research Board of the National Academy of Sciences, and/or methods
accepted by the New York State Department of Transportation. Traffic
capacity estimates may take into account improvements planned by the
applicant or by others, provided that, in either case, a specific
commitment to construct such improvements has been made.
(g)
In determining overall intersection level of service at signalized
intersections, optimum practical signal timing may be assumed. Overall
intersection level of service shall be determined, for both signalized
and unsignalized intersections, based upon a volume weighted average
of each intersection-approach level of service.
All parking areas which are designed to accommodate 12 or more
vehicles shall be landscaped using materials of sufficient growth
and height to aesthetically balance the impact of the open paved area
and provide effective stormwater control. The following are guideline
standards the Planning Board may apply:
A.
A hedge consisting of shrubs that are two feet in height shall be
planted three feet on center between the off-street parking area and
the public right-of-way. Shrubs shall be planted a minimum of two
feet off the back of curbs or from the edge of the off-street parking
area.
B.
No more than 12 parking spaces should be allowed in a continuous
row uninterrupted by landscaping.
C.
All landscaping within the parking lot shall be located within a
landscape island. The island shall be delineated from the surrounding
paved area by a curb or barrier of not less than six inches in height
around the perimeter of the island. The curb or barrier shall be constructed
of masonry, concrete, asphalt or heavy timber. Each island shall be
located entirely within the confines of the parking and maneuvering
area.
D.
All landscape islands shall be landscaped with shrubbery, flowering
plants, mulch and at least two trees that are at least two-and-one-half-inch
caliper at breast height.
E.
All parking lots with greater than 12 spaces must be at least five-percent
landscaped. This percentage counts toward the overall landscape requirement
for the lot.
F.
All tree plantings and plantings screens required by this chapter
shall be installed prior to occupancy or commencement of use. Where
this compliance is not possible because of time of year, the Planning
Board may grant an appropriate delay provided a security bond is posted.
