Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this article to meet the needs of persons occupying or using such structures or land.
B. 
The plans for any new building or any expansion of an existing building, when submitted for a building permit, shall show specifically the location, size and type of improvements of the off-street parking or loading space required to comply with this chapter and the means of access to such space from the public streets or highways. Except for one- and two-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvement is approved by the Building Inspector, who shall determine that traffic access, traffic circulation and general layout of the parking facility are planned with regard to safety, to traffic on the public street and to safety and adequacy of access for cars and pedestrians using the parking facility. No certificate of occupancy shall be issued for any building or land use until the required off-street parking and loading facilities have been established.
C. 
Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town, shall be deemed to continue to serve the users or structures for which they were originally provided.
Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements set forth in this article. However, any parking and loading facilities now existing to serve such structures or uses shall not be reduced except where they exceed such requirements, in which case they shall not be reduced below such requirements.
A. 
Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Town Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this article. Also, the Planning Board may permit all or part of the required off-street parking spaces for a nonresidential use or structure to be located on any lot within 500 feet of the use or structure to which such spaces are accessory if the Board determines it is impractical to provide parking on the same lot as the use or structure. All parking spaces shall be in reasonable proximity to the respective use or structure they are intended to serve, and the determination of reasonable proximity shall be at the discretion of the Planning Board when reviewing site development plans, based upon relative standards of appropriate convenience for residential versus nonresidential uses. Parking and loading spaces for a nonresidential use shall not be located in a residence district, nor shall any off-street parking facility be developed within the required front yard nor within five feet of a side or rear yard in such a district, except in those instances as provided for in § 150-163, Commercial vehicles in residential districts.
B. 
Size of parking spaces. Each parking space shall be at least nine feet wide and 20 feet long if unenclosed and at least 10 feet wide and 20 feet long if bordered by walls or columns on two or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles, such spaces may be reduced in depth to 18 feet. Backup and maneuvering aisles between rows of parking spaces shall be at least 25 feet wide except where the approving authority approves a lesser dimension as adequate to serve parking spaces arranged at less than a 90° angle.
C. 
Landscaping. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover in accordance with § 150-42B of this chapter and approved by the Planning Board, based upon consideration of the adequacy of the proposed landscaping to assure the establishment of a safe, convenient and attractive parking facility with a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. At least one tree with a minimum caliper of three inches and a height of four feet above ground level shall be provided within such parking area for each 10 parking spaces.
(1) 
Wherever possible, raised planting islands at least eight feet in width shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits; to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles; and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands should be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.
(2) 
In all off-street parking areas containing 25 or more parking spaces, at least 10% of the total parking area shall be curbed and landscaped with trees, shrubs and other plant materials in accordance with § 150-42B of this chapter.
(3) 
No obstruction to driver sight distance shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn between points along such street line and access drive 30 feet distant from their point of intersection.
D. 
Grades, drainage, paving and marking.
(1) 
Required off-street parking facilities may be enclosed in a structure or may be open, except as required specifically for multifamily dwellings. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use, to the satisfaction of the Building Inspector, to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering areas, entrances and exits.
(2) 
There shall be no paving of property associated with any type of use whose use classification, according to this chapter, is subject to site development plan or special permit approval, without such approval or amended approval by the Planning Board. To offset the costs incurred by the Town in making drainage improvements resulting from development taking place within the Town, all applicants for approval of site development plans or special permits involving any paving shall be required to submit a downstream drainage improvements fee, payable to the Town of Fishkill, in accordance with the current fee schedule. The just-mentioned approval and downstream drainage improvements fee shall not apply to the repaving of existing paved areas.
E. 
Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities.
F. 
Waiver of improvement. Where an applicant satisfactorily demonstrates that a use or combination of uses on a lot will generate parking or loading demands which are less than the total required herein, the Planning Board may reduce the total requirement by up to 50% of the number required according to §§ 150-160 and 150-162 herein. In all cases it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking and loading spaces required and the site plan shall bear such designation. All such undeveloped parking and loading spaces shall be used and maintained as additional landscaped grounds until and if required for parking and loading. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived, within six months of the date of written notice to the property owner by the Planning Board or building inspector that such spaces have been determined as necessary and must be constructed.
G. 
Shared parking. 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 the applicant can demonstrate that one or more such uses will be generating a peak parking demand 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 by up to 50% of the parking spaces required for that use with the least requirement.
H. 
Compact-car spaces. With regard to parking areas comprised of at least 50 parking spaces, the Planning Board, as part of site plan or special permit review and approval, may permit the substitution of compact car spaces instead of the conventionally sized parking spaces specified in § 150-159B herein, subject to the following requirements:
(1) 
Compact car parking spaces shall not comprise more than 25% of the total required number of parking spaces.
(2) 
Each compact car space shall be at least eight feet wide and 16 feet long if unenclosed and at least nine feet wide and 16 feet long if bordered by walls or columns on two or more sides. Backup and maneuvering aisles between rows of compact car parking spaces shall be at least 22 feet wide.
(3) 
Compact car parking spaces shall be conveniently located for both vehicular and pedestrian access. Such spaces shall be grouped in a location or locations approved by the Planning Board. Single compact car spaces shall not be distributed throughout the parking area(s).
(4) 
All compact car parking spaces and areas shall be clearly designated by color-coded pavement striping and signage.
(5) 
Compact car parking spaces shall not be permitted in parking areas serving retail, service or restaurant uses or other uses in which the frequency of parking turnover is deemed by the Planning Board to be high.
A. 
Off-street parking spaces shall be provided as follows, except that the Planning Board may modify these provisions as a condition of the issuance of a special permit according to the provisions of Article XI:
Use
Minimum Off-Street Parking
1-and 2-family dwelling
2 spaces for each dwelling unit
Multifamily dwelling
1 1/2 spaces for each dwellings unit, plus 1/4 space for each bedroom shall be specifically designed and reserved for use by visitors and guests. These visitor/guest parking spaces shall be in common parking areas and shall therefore not be comprised of driveways, carports or garages.
Professional office or home occupation permitted in a residential district
2 spaces in addition to spaces required for the residential use, except that there shall be 4 spaces for each medical or dental practitioner, plus 1 space for each technician or employee in addition to spaces required for the residential use
Roomers or boarders
1 space for each guest sleeping room, plus 2 spaces for each residential unit
Place of worship, theater, auditorium, athletic field or rink or other place of assembly
1 space for each 5 seats or pew spaces, or, in places without seats, 1 space for each 100 square feet of floor space used for public assembly. A pew space shall be considered to be 20 inches wide. 1 space per 3 theater seats
Hospital, nursing home, convalescent home or home for the aged
1 space for each 3 patient beds and 1 space for each employee, including medical, nursing and service staff
Golf and country club
1 space for each 2 memberships
Bowling alley or other center of public amusement
5 spaces for each bowling lane. All others, 1 space per 100 square feet of floor space used for public amusement
Retail or service business, other than those located in a planned shopping center in a PSC District
1 space for each 250 square feet of gross floor area
Restaurant
1 space for each 4 seats or 1 space for each 100 square feet of gross floor area, whichever is greater
Office for business or professional use (excluding accessory to residential use and medical or dental office or clinic)
1 space for 200 square feet of gross floor area
Banking office
10 spaces, plus 5 additional spaces for each person in excess of 2 acting as tellers, including waiting spaces for drive-in window
Motel/hotel
1 space for each guest sleeping room, plus 1 space for each 2 employees, plus 1 space for each permanent resident
Medical or dental office or clinic
4 spaces for each doctor or dentist, plus 1 space for each technician or employee, plus 1 space for each 250 square feet of gross floor area
Funeral home
1 space per employee, plus 1 space per 50 square feet of gross floor space in assembly rooms
Motor vehicle or boat sales/service and gasoline stations
1 space per employee, plus 1 space per 300 square feet of gross floor space
Animal hospital or veterinary office
1 space per employee, plus 1 space per 300 square feet of gross floor space
Car washing establishment
5 spaces per washing bay
Research or office laboratory in a POL District
1 space per employee but not less than 1 space per 600 square feet of gross floor space
Manufacturing or industrial use
1 space per employee but not less than 1 space per 400 square feet of gross floor space
Wholesale, storage, utility or other similar commercial use
1 space per employee but not less than 1 space per 1,000 square feet of gross floor space
Total use comprising a planned shopping center
5.5 spaces per 1,000 square feet of rentable floor area devoted to the sale of goods, merchandise or services at retail, including such space devoted to sale of food and drink, including fast-food establishments, including such space in any theater, office building, hotel or motel and including such space in a mall. Rentable floor area shall not include any space devoted to utility or equipment rooms and penthouses. In addition, there shall be 1 space for each 3 theater seats.
Swimming pools; tennis courts and other general recreation and athletic facilities in a multifamily development or in a Hudson River Waterfront Recreation District development
1 space for each 10 dwelling units within the multifamily development to be served by the facility or 1 space for each 3 persons the facility is designed to accommodate, whichever unit of measurement is most appropriate to the customary use thereof, as determined by the Planning Board when reviewing site development plans. These parking spaces shall be in addition to those required for the dwelling units in the project.
Clubhouses, lodges, community houses and/or meeting facilities for service organizations in a multifamily development or in a Hudson River Waterfront Recreation District development
1 space for each 10 dwelling units within the multifamily development to be served by the facility or for each 5 permanent seats or 150 square feet of floor area, whichever unit of measurement is most appropriate to the customary use thereof, as determined by the Planning Board when reviewing site development plans. These parking spaces shall be in addition to those required for the dwelling units in the project.
Conference centers
To be determined by the Planning Board according to the area devoted to each use, i.e., lodging, place of assembly or restaurant
Senior citizen housing
1.2 spaces per dwelling unit. The 0.2 fractional spaces shall be accumulated for staff and visitors.
B. 
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board, which shall consider all factors entering into the off-street parking needs of the particular land use.
Required off-street parking facilities shall be maintained as long as the use of the structure or the use of loading exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Town as public parking areas.
Off-street loading and unloading facilities shall be located on the same site as the use to be served and shall be provided as follows:
A. 
Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width.
B. 
Required number of spaces.
(1) 
For retail or service business establishments, restaurants and other places serving food or beverages: a minimum of one space for each 10,000 square feet of gross floor area or portion thereof.
(2) 
For industry, wholesale businesses, storage, warehouses and other similar commercial establishments; a minimum of one space for the first 20,000 square feet of gross floor area or portion thereof and one space for each additional 40,000 square feet of gross floor area or portion thereof.
(3) 
For office or research laboratory establishments: a minimum of one space for the first 25,000 square feet of gross floor area or portion thereof and one space for each additional 150,000 square feet of gross floor area or portion thereof.
(4) 
For hotels or motels: a minimum of one space for the first 50 sleeping rooms or portion thereof and one space for each additional 200 sleeping rooms or portion thereof.
C. 
Joint facilities. Loading berths 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 be not less than the aggregate of all such requirements; and further provided that adequate legal documentation of such joint use is approved by the Town.
A. 
Pickup trucks, vans and other similar vehicles that require commercial registration, but are not used for commercial purposes, may be parked on a regular basis in a residential district, subject to the same restrictions as are imposed on the parking of family passenger vehicles.
B. 
Commercial vehicles that are used in connection with one's livelihood, but not in connection with any illegal business use of a residence, shall be permitted to park in a residence district on a regular basis subject to the following restrictions:
(1) 
There shall be no parking within the right-of-way of any roadway.
(2) 
Such vehicles shall not be placed in dead storage on the premises, but must be used on a regular basis in relation to the occupant's employment responsibilities.
(3) 
The occupant shall produce, upon request of the Zoning. Administrator, an affidavit stating the occupant's place of employment and attesting to the requirement of driving the vehicle to and from this same place of employment. This affidavit shall be signed by the occupant's employer.
(4) 
Vehicle engines shall not be left idling for a warmup period, during the hours between 10:00 p.m. and 7:00 a.m.
(5) 
Parking shall be permitted in the following area of the premises:
(a) 
In the driveway or on a pavement contiguous to it.
(b) 
In the side or rear yards.
(6) 
All parking must be set back from side and rear yard property lines at whatever distance is required for accessory buildings in the residential district in which the premises is located.
(7) 
All parking areas and access drives thereto must have pavement or other customary or generally accepted parking surface.
(8) 
Parking areas shall be screened as necessary from property or properties adjacent to it This determination shall be made by the Zoning Administrator.
(9) 
The following classes of vehicles shall be prohibited from parking on a regular basis in any residential district, except that they may be temporarily parked in connection with any lawful exercise of their use:
(a) 
Earthmoving vehicles and any trailers that are normally required to transport such vehicles.
(b) 
Cargo trailers or flatbed trailers, where the cargo box or flatbed portion of the trailer is greater than 10 feet in length.
(c) 
Dump trucks greater than five yards in capacity.