Ellenville City Zoning Code
ARTICLE VIII
Off-Street Parking and Loading
§ 227-67 Spaces to be provided.
Off-street parking and loading spaces shall be provided at the time a new use is established through construction of a new building or alteration or conversion of an existing building, in accord with the following standards and regulations.
§ 227-68 Required number of off-street parking spaces.
Off-street parking spaces shall be provided as follows, except where specifically waived in § 227-69 below.
A.
Residential and related uses.
Type of Use | Minimum Number of Spaces | ||
|---|---|---|---|
One-family detached residence (per dwelling unit) | 2 | ||
Row houses, two-family, multifamily residences (per dwelling unit) | 1 1/2 | ||
Religious facilities (per 8 seats) | 1 | ||
Places of public assembly, clubs and fraternal organizations and recreation facilities (per 4 seats or 4 members, whichever is greater) | 1 | ||
Cultural facilities (per 500 square feet of gross floor area) | 1 | ||
Hospital (per 2 beds) | 1 | ||
Convalescent home (per 4 beds) | 1 | ||
Tourist home (per 2 beds) | 1 | ||
Home occupation | 1 | ||
Plus, per nonresident employee in addition to spaces required for residential use | 1 | ||
Day-care center or nursery school | |||
Per staff member | 1 | ||
Plus, per classroom | 1 | ||
B.
Commercial and related uses.
Type of Use | Minimum Number of Spaces | ||
|---|---|---|---|
Banks (per teller or service window) | 3 | ||
Retail stores or service establishment (per 200 square feet of gross floor area) | 1 | ||
Medical and dental offices | |||
Per doctor or dentist | 4 | ||
Plus, per additional employee | 1 | ||
Restaurants (standard) and bars (per 3 seats or 100 square feet of gross floor area, whichever is greater) | 1 | ||
Restaurant (fast food) | |||
Per 100 square feet of gross floor area | 1 | ||
Per 2 employees on peak shift | 1 | ||
Theaters and similar places of public assembly (per 4 seats or 100 square feet of gross floor area, whichever is greater) | 1 | ||
Undertakers (per 3 seats under maxi- mum occupancy) | 1 | ||
Motel and hotel | |||
Per guest room | 1 | ||
Plus, per 3 employees | 1 | ||
General office (per 300 feet of gross floor area, excluding service core) [Added 7-11-1988 by L.L. No. 6-1988] | 1 | ||
C.
Heavy commercial and industrial uses.
Type of Use | Minimum Number of Spaces | |
|---|---|---|
Wholesale, storage and warehousing (per 2,500 square feet of gross floor area) | 1 | |
Light assembly, general industrial and similar uses (per 400 square feet of gross floor area) | 1 | |
Automotive sales and repair and outdoor industrial uses (per 2,000 square feet of sales or industrial area, indoor and outdoor) | 1 | |
Other industrial or heavy commercial uses (per 500 square feet of gross floor area) | 1 |
§ 227-69 Conditions for waiver of off-street parking requirements.
Off-street parking requirements will be waived entirely or modified in the following cases:
A.
No off-street parking shall be required for any use in the B-1 District, except for residential uses which shall provide one off-street parking space for every two dwelling units.
B.
Where housing is designed specifically for and occupied by persons 62 years of age or older and located in the R-2, R-3 or R/O Districts, required off-street parking may be reduced to one space for every two dwelling units.
C.
In the case of two or more uses located on the same lot, the sum of the spaces required for all uses individually may be reduced to an amount no less than 125% of the largest number of spaces required by any single use, upon a determination by the Planning Board that such a reduced amount of parking space will be adequate to serve all uses on the lot due to their different character and hours of operation.
D.
Structures and uses in existence as of the effective date of this chapter shall not be subject to the parking requirements herein. However, if the parking spaces serving such structure or use are less than would be required by this chapter, they shall not be reduced, and, if the structure or use is expanded, additional parking spaces in the appropriate amount required in § 227-68 above shall be provided to serve such expanded area.
§ 227-70 Parking space dimensions.
All parking spaces shall measure at least nine feet wide and 20 feet long. However, up to 25% of the required parking spaces for any use may be designated for compact cars and shall measure at least 7 1/2 feet wide and 16 feet long.
§ 227-71 Location of parking spaces.
A.
In any residential district, no open or enclosed parking area shall encroach on any required yard or required open areas, except that in R-3 Districts, open parking areas may extend into a required side or rear yard to within three feet of a side or rear lot line.
B.
In business and industrial districts, open parking areas shall not extend within 15 feet of a street right-of-way line or within three feet of a side or rear lot line.
C.
Entrance or exit drives from parking areas shall not exceed 30 feet in width and shall not be permitted within 30 feet of the intersection of two public rights-of-way.
§ 227-71.1 Parking of commercial vehicles in residential districts.
[Added 10-14-2020 by L.L. No. 1-2021]
A.
Applicability: The provisions of this section shall apply to the following zoning districts: R-A, R-1, R-1A, and R-2.
B. COMMERCIAL VEHICLE
As used in this section, the following terms shall have the meanings indicated:
Any vehicle with a gross weight of more than 6,500 pounds that is used or registered for commercial purposes, including construction and special equipment, such as, but not limited to, tractors, bulldozers, earth-moving equipment, backhoes, paving equipment, etc.
C.
Exemptions.
(1)
Vehicles which comply with the following standards shall be permitted by right and shall not require any further review or approval:
(a)
Maximum gross vehicle weight does not exceed 6,500 pounds, as indicated by a valid state vehicle registration form, and total vehicle length does not exceed 20 feet.
(b)
Maximum height from the ground to the highest point of the vehicle does not exceed 6 1/2 feet.
(c)
Attached signs or images do not extend beyond the vehicle in any direction.
(d)
Advertising or commercial lettering are limited to the two front doors of the vehicle.
(2)
The provisions herein do not prohibit the storage of domestic garden tractors, riding lawn mowers or other equipment used for domestic gardening needs and customary activities incidental to maintaining residential property.
D.
Special permit required.
(1)
The parking of commercial vehicles, other than those exempt under Subsection B above, in residential districts shall require issuance of a special permit by the Planning Commission, including site plan approval, as provided herein.
(2)
Such use shall be considered an accessory use to the primary residential use of the property.
(3)
The special permit shall expire upon transfer of title, or abandonment of the use, or failure to renew the special permit within three years of issuance and every three years thereafter.
E.
Special permit standards and conditions. The following standards and conditions shall apply to the parking of commercial vehicles in residential districts, in addition to any conditions the Planning Commission may impose on the recipient of any specific special permit:
(1)
Parking of commercial vehicles must be under control of the owner of the premises and/or the legal tenant, at least one of whom resides on the premises.
(2)
The special permit shall apply only to the parking of commercial vehicles and does not allow repair or servicing of commercial vehicles or other commercial activity on the premises.
(3)
No more than two commercial vehicles shall be allowed to park on one parcel, and no such vehicles shall be parked between the street and the front of the principal residence on the site or within any required yard. Furthermore, the second vehicle shall be set back at least an additional 20 feet beyond that required for the first vehicle.
(4)
The Planning Commission may require that such commercial vehicles be screened from the view of adjacent properties or streets by landscaping, which is preferred, and/or fencing based on the size of the commercial vehicles and their proximity to nearby residences. Exterior lighting may only be provided as approved by the Commission.
§ 227-72 Screening and landscaping of parking areas.
A.
Parking areas for five or more cars which are adjacent to or across the street from properties in a residential district shall be screened from the view of such properties by a combination of walls, fences or hedges.
B.
All areas in a parking lot not required for parking space or access drives shall be suitably landscaped and maintained. A landscaping plan for parking areas shall be submitted for those uses requiring site plan review by the Planning Board.
§ 227-73 Use of parking spaces.
Off-street parking areas shall not be used for any purpose other than the parking of vehicles for customer, resident or employee use. There shall be no storage, servicing or dismantling of automobiles or other vehicles, and no part of any parking lot shall be used for the sale, storage or abandonment of any articles or goods.
§ 227-74 Required numbers of loading berths.
Off-street loading facilities shall be provided as follows:
Use | Minimum Number of Loading Berths (full berth to be required when floor area exceeds 50% of area requiring berth) | |
|---|---|---|
Undertakers (per chapel) | 1 | |
Hotels and motels (per 25,000 square feet in excess of 10,000 square feet) | 1 | |
Retail stores, service establishments, restaurants and other nonresidential uses listed elsewhere | ||
For area from 5 to 15,000 square feet | 1 | |
Plus, per each additional 25,000 square feet | 1 | |
Wholesale establishments (per 10,000 square feet) | 1 | |
Industrial and manufacturing uses | ||
For area from 5 to 10,000 square feet | 1 | |
Plus, per each additional 25,000 square feet | 1 | |
§ 227-75 Location of loading berths.
A.
All off-street loading berths shall be located on the same lot as the use for which they are required.
B.
Open off-street loading areas shall not encroach on any required front or side yard, off-street parking area or accessway.
C.
No loading berth shall be located within 50 feet of a property in a residential district or within 10 feet of any other property line.
§ 227-76 Loading berth dimensions.
Each loading berth shall be at least 35 feet long, 12 feet wide and 14 feet high (except that berths for undertakers may be 20 feet long, 10 feet wide and nine feet high).