Hillburn, NY Zoning Ordinance

Hillburn City Zoning Code

ARTICLE VIII

Off-Street Parking and Loading Areas

§ 250-27 Off-street parking.

Purpose. This section is intended to provide for the location and design of off-street parking areas to accommodate motor vehicles, while balancing the needs of pedestrians, hikers, and bicyclists. Parking areas are accessory to the principal use of a property. Parking area design should reflect that relationship, reducing the visual prominence of the parking area while emphasizing the primary buildings and orienting pedestrians toward the principal entranceways and walkways of a building. Standards in this section addressing the location and design of parking areas are intended to meet this purpose. A secondary purpose of this section is to address the quantity of parking provided. Minimum standards are provided for each use type. Flexibility is provided in meeting these parking standards through alternative parking provisions.

Applicability. The parking requirements of this section shall apply to new development, expansions and increases in building size, density or intensity, and changes of use, as follows:

(1)

New development. Unless otherwise expressly stated, the parking standards of this section apply to all new development.

(2)

Any expansion or increase in nonresidential building size or density on a lot.

(3)

Any increase in the number of residences on a lot.

(4)

Change of use. When the use of a lot or building changes, additional off-street parking facilities must be provided when the number of parking or loading spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the building based on the minimum parking standards of this section, i.e., the owner must provide parking equal to the difference between the parking requirement for the existing use and the parking requirement for the new nonresidential use, not the difference between the actual existing parking and the parking requirement for the new nonresidential use.

Schedule of parking requirements.

(1)

The minimum accessory off-street parking spaces, open or enclosed, shall be provided for uses as specified in the Schedule of Parking Requirements, except that the Planning Board may require more spaces based on an analysis of the specific application, based on the factors set forth below after the Schedule. Any land developed as a unit under single ownership and control shall be considered a single lot for purposes of these parking regulations. Reasonable and appropriate off-street parking requirements for buildings and uses which do not fall within the use categories listed in this section shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

[Amended 9-12-2023 by L.L. No. 4-2023]

Schedule of Parking Requirements
Use	Minimum Number of Parking Spaces
Residential Uses
One-family detached residence	2 parking spaces per residence
Two-family detached residence	2 parking spaces per residence
Multiple residence	1 space per 1-bedroom residence; 2 spaces per 2-bedroom residence; 2 spaces per 3- and more bedroom residence, and an additional 1 visitor parking space per every 4 residences
Mixed-use residential above commercial	2 parking spaces per dwelling
Nonresidential Uses
Animal sanctuary	1 parking space per employee, plus 1 parking space per guest unit, plus 1 parking space per every visitor during peak visiting time period
Antique shop, art gallery	1 parking space per 200 square feet of retail floor area, plus 1 space per employee during peak shift
Automobile sales and service	1 space per 250 square feet of showroom, office, and vehicle display area
Automotive garage	5 spaces plus 1 per employee on the largest shift
Bank	1 space per 200 square feet of gross floor area
Bar, restaurant	1 space per every three seats, plus 1 space per employees working on the peak shift
Building contractor	1 space per employee on the peak shift, plus 1 space per 200 square feet of office area for customers
Bus terminal	1 space per employee on the peak shift, plus 1 space per 200 square feet of seating area for passengers
Cemetery	Minimum capacity for 40 vehicles clear of any public street
Child day-care center	1 space per 350 square feet of gross floor area, exclusive of exterior play areas
Community facility	1 space per 200 square feet of gross floor area
Concrete mixing plant	1 space per employee on the peak shift, plus 1 space per 200 square feet of office area for customers
Conference center	1 space for each 200 square feet of floor area open to the public, including assembly areas. Administrative office space is to be parked at 1 space per 300 square feet of administrative floor area
Craft workshop	1 space per 200 square feet of gross floor area
Farm market	1 space per 5 feet of frontage or 100 square feet of floor/sales area, whichever requirement is less
Fire, police, ambulance and similar municipal building	1 space per employee or volunteer during the peak shift
Food distribution facility	1 space per 300 square feet of office area, plus 1 space per 1,000 square feet gfa of warehouse floor area
Health fitness facility, day spa	Not less than the highest design hour as determined by the Planning Board
Hotel	1 space per each guest room, and in addition, 1 space per employee on the largest shift or 1 space per 150 square feet of restaurant, conference center, front desk, recreation, and other common areas used by guests, whichever is greater.
Hotel, resort	1 space per each guest unit, plus 1 per 3 employees in the maximum working shift, plus additional spaces for auxiliary uses in accordance with the schedule for each use
Landscape materials, wholesale or retail trade	1 space per each 250 feet of any retail building space, plus 1 per employee on the largest shift
Laundromat	1 space for every 2 washing machines, plus 1 space per employee on the peak shift
Light industry and research	1 space per 2 employees in the maximum working shift, plus 1 space per 1,000 square feet of office area
Microbrewery, tourism-related winery, brewery, distillery, or similar food processing	1 space per employee on the peak shift, plus 1 space per every 200 square feet of customer area
Museum, cultural and performing arts center	1 space for each 200 square feet of floor area open to the public, including assembly areas. Administrative office space is to be parked at 1 space per 300 square feet of administrative floor area
Nursery school	1 space per 100 square feet of floor area in such use or 1 per 4 seats capacity, whichever requirement is greater
Offices	1 space per 200 square feet of floor area
Parks and playgrounds	As determined by the Planning Board
Personal service use	1 space per 150 square feet of gross floor area
Place of worship	1 space per 200 square feet of floor area or 4 seats capacity, whichever is greater
Printing and publishing establishment	1 space per 300 square feet of office area, plus 1 space per 1,000 square feet gfa of warehouse floor area
Public school	1 space per 300 square feet of floor area or 12 student seats, whichever requirement is greater, plus 1 space per 2 enrolled students over the age of 16
Public utilities	As determined by the Planning Board
Recreation, commercial indoor	Not less than the highest design hour as determined by the Planning Board
Retail, deli, dry-cleaning establishment, general store, grocery store	1 space per 150 square feet of gross floor area
Shopping center, designed	1 space per 150 square feet of gross floor area
Tourism related use	1 space per 150 square feet of gross floor area
Truck depot	1 space per 1,000 square feet of gross floor area
Wholesale or warehouse use	1 space per employee on the peak shift, plus 1 space per every 200 square feet of customer area, plus 1 space per 1,000 square feet of gross floor area for customers (wholesale only), but no less than 1 space per 500 square feet of space
Any use not listed	Determined by the Planning Board

(2)

The amount of parking shall be based on the Schedule of Parking Requirements above, adjusted as necessary to consider the following factors:

(a)

Industry studies of parking needs for the type of use proposed or actual case-study comparisons for projects of similar character. The Planning Board may require the developer or applicant to gather and submit such data in support of its proposed parking provisions. The National Parking Association and the Urban Land Institute are examples of such industry sources.

(b)

The characteristics of the proposed customers, residents, occupants or visitors to a given facility. Housing for the elderly would, for example, require fewer spaces per dwelling unit than non-age-restricted units, though the number of dwelling units might be the same.

(c)

The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.

(d)

Recommendations, if any, from other public agencies or information sources which suggest, based on experience, the appropriate amount of parking in connection with a given use.

(e)

The likelihood that parking will be shared with adjoining facilities, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.

General standards.

(1)

All off-street parking areas and driveways, except those serving a one-family detached residence, must be constructed with a suitably paved surface. Both impervious paving and pervious paving, such as pavers, pervious asphalt, and similar surfaces which allow some percolation of stormwater may be permitted. Loose gravel is not permitted.

(2)

The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles or the major repair of vehicles in public and private parking lots is prohibited.

(3)

Except for a recreational or commercial vehicle allowed by this Zoning chapter as regulated below, vehicles other than passenger vehicles may not be parked or stored in any residential zoning district.

(4)

All required parking spaces shall be suitably drained. No required parking space or loading space shall exceed a grade of 5%, unless specifically permitted by the Planning Board. The maximum gradient of driveways serving a residential use shall not exceed 14%. A driveway shall have a platform with a gradient not exceeding 2% within 25 feet of the edge of the pavement of the street on which the driveway is accessed. The driveway shall have a negative gradient where it meets the street pavement sufficient to prevent flow of drainage onto the street. Upon good cause shown, the Planning Board may, in granting approvals, modify such requirements to the minimum extent needed to prevent undue hardship. Such modifications must be expressly requested in writing by the applicant/owner.

(5)

Except where any other section of this Zoning chapter requires greater distances, no required parking spaces shall be nearer than:

(a)

Five feet to the wall of any building, except a building that is served by the parking or loading spaces, e.g., a warehouse building.

(b)

Five to a side or rear property line for any residential use.

(c)

Fifteen feet to a side or rear property line for any nonresidential use, except that nothing shall be construed to permit parking in a buffer.

(d)

Twenty-five feet to the boundary line of any adjoining areas zoned for residential use or a property in residential use on a property that is in nonresidential use, except that nothing shall be construed to permit parking in a buffer.

(e)

Enclosed parking within primary and accessory buildings shall be exempt from this restriction, and the building shall otherwise meet the bulk requirements of this Zoning chapter.

(6)

Except for on-street parking that is permitted to satisfy parking requirements, no off-street parking spaces shall be located within a public right-of-way.

(7)

Accessory parking in residential districts. Off-street parking shall not be permitted within the front yard, except that where a lot is used for a one-family detached or two-family dwelling, off-street parking may be permitted in the front yard only within a paved driveway. Within the front yard, no driveway shall exceed 10 feet in width. Where a driveway gives access to a garage opening(s) located within the front facade of a dwelling, the driveway width may exceed 10 feet, but shall not exceed the width of the garage opening(s) plus one foot on either side of the garage opening(s), or 25 feet, whichever is less. For purposes of these regulations, the front facade is any portion of the exterior wall of the dwelling opposite to and facing the front lot line.

(8)

Accessory parking in a nonresidential district. In any nonresidential district, required off-street parking spaces may be located outside the required side yard or in the rear yard only. The Planning Board may permit a portion of the parking within the front yard outside the required front yard, provided the parking area is screened from the public right-of-way by a landscape strip.

(9)

Double-loaded spaces or stack parking shall not be permitted as a means of satisfying the parking requirements except for one-family detached residences within a driveway.

(10)

Parking shall be so arranged as to provide adequate area for fire zones.

Parking area design.

(1)

Location. Off-street parking spaces shall be located on the same lot as the use served except as allowed in Subsection I, below. Where practicable, parking should be located behind the front facade of the principal building on a lot.

(2)

Parking dimensions. The minimum parking stall width for a perpendicular parking space shall be nine feet, and the minimum length shall be 19 feet. At the Planning Board's discretion, the minimum length of the parking space may be reduced by an additional one foot where the space is designed to allow a vehicle to overhang a curb or wheel stop or over a landscaped or lawn area. Accessible parking spaces shall be provided and shall meet standards of the Americans with Disabilities Act.

(3)

Parking aisles. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below, with varying aisle widths based on the angle of the parking stalls and the direction of traffic on the aisles.

Parking Angle (degrees)	One-Way Aisle Width (feet)	Two-Way Aisle Width (feet)
90	24	24
60	18	—
45	13	—
30	12	—
0 (parallel)	12	—

(4)

There shall be adequate provisions for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts. The Planning Board may require that a nonresidential parking lot and driveways be curbed to meet this requirement. No entrance or exit for any off-street parking area shall be located within 75 feet of any street intersection. The Planning Board may waive this requirement as part of site plan or subdivision review and approval, provided that it is demonstrated to the satisfaction of the Planning Board that vehicles can safely exit a parking space due to low volumes of traffic on the road to which the driveway shall obtain primary access.

Parking area landscaping.

(1)

Purpose. Parking lot landscaping is intended to break up expanses of pavement, create shade, buffer views of parking lots from adjacent streets and buildings, and enhance the overall appearance of developments. The Planning Board may require that landscaped areas be protected by curbs, wooden railroad ties, or other improvement to ensure that vehicles will not park on top of the landscaped area.

(2)

Applicability. All parking lots with 10 or more parking spaces or eight (8) or more spaces in a single row shall be subject to the requirements of this section.

(3)

Perimeter landscaping.

(a)

The view of parking areas from all abutting streets must be visually screened by permitted buildings, fences, walls, hedges, or by a combination thereof. Each fence, wall or hedge shall be not less than two feet six inches in height. This screening requirement is not to be interpreted as prohibiting the installation of or provision for openings reasonably necessary for access drives and walkways.

(b)

Where a parking area is located adjacent to a residential use, screening of any area not less than 10 feet in width immediately adjacent to the shared property line shall be met by a combination of building, fence, wall or hedge designed in accordance with the requirements of the Zoning chapter.

(4)

Interior landscaping. All parking areas subject to this subsection shall include interior landscaping according to the following standards:

(a)

Landscaped islands with a minimum width of eight feet and surrounded by a minimum six-inch curb shall be provided to direct the flow of traffic and to provide a place for shade trees to be planted.

(b)

At least one tree per 10 spaces shall be provided within the parking lot. No more than 12 contiguous spaces shall be permitted in a row without a landscaped island of at least five feet including curbing within which the tree is to be planted.

(c)

Additional landscaping, including shrubs and ground cover, may be required by the Planning Board through the site plan review process.

Minimum off-street parking standards.

(1)

Purpose. The minimum parking standards are intended to lead to the creation of sufficient off-street parking to accommodate most of the demand for parking generated by the range of uses on a site, particularly in areas where sufficient on-street parking in not available. They are also intended to lead to the creation of sufficient parking on a site to prevent parking for nonresidential uses from encroaching into adjacent residential neighborhoods.

(2)

Rules for computing minimum parking requirements.

(a)

Where a fractional space results, the required number of parking spaces shall be rounded to the next whole number.

(b)

In the case of mixed uses, the number of parking spaces required is equal to the sum of the requirements for the various uses computed separately, except for reductions allowed below.

Minimum parking required. Off-street parking spaces shall be provided in accordance with Table C, Schedule of Parking Requirements, except as modified by Subsection I or J, or as determined by the Planning Board during the site plan review.

Off-site facilities. 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 that all spaces therein are located within 200 feet of the nearest lot line of the lot that the parking serves. In all cases, parking spaces shall conform to all the regulations of the district in which they are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to an easement or deed restriction, approved by the Planning Board after review by the Village Attorney, and binding upon the owner and his heirs and assigns, who shall maintain the required number of spaces so long as the use to which they are accessory exist, or until such spaces are provided elsewhere in conformity with the provisions of this section.

Joint use. The Planning Board, in approving a site plan, may allow off-street parking and loading spaces required for structures or uses on the same or adjacent lots to be provided in a single common facility, on one or more of said lots, subject to the following:

(1)

The total capacity of the common facility shall be the sum of the requirements of each individual use, except that said total capacity may be reduced by the Planning Board, provided that the applicant demonstrates to the satisfaction of the Planning Board that the capacity of such facility will meet the intent of the requirements by reason of the provision of nonreserved parking spaces and variation in the probable time of maximum use by residents, visitors, patrons and employees among such uses. The total number of spaces that can be eliminated shall not exceed 35% of the total required parking spaces calculated for the development. In such event, hours of operation may be imposed by the Planning Board as a condition of site plan approval and may be so noted by map note and by reference to Planning Board resolution on the certificate of occupancy issued with respect to the premises. The Planning Board may require that an unimproved reserve area be set aside to meet the full requirement for parking.

(2)

As a condition of the approval of the joint use, the Planning Board shall require a legal instrument satisfactory to the Planning Board and Village Attorney assuring the continued existence and use of said parking spaces in connection with the uses and structures that they serve. Such instrument shall also guarantee that, upon termination of such use, each individual participant will provide off-street parking and loading spaces for its own use in accordance with all requirements of this Zoning chapter. Such instrument shall be recorded in the office of the County Clerk of Rockland County.

Commercial vehicles in residential districts. One commercial vehicle, not exceeding 20 feet in length, seven feet in height and six feet in width, may be parked on an occupied lot in any residential district, but not within the required yard of such lot and in no case between the street line and the principal building. One commercial vehicle not exceeding 20 feet in length, seven feet in height and six feet in width may be parked within a private garage in any residential district. For purposes of this section, limousines are considered commercial vehicles. A commercial vehicle shall be registered to the owner who shall be the occupant of the dwelling or a company vehicle used solely by the occupant of the dwelling.

Trailers. The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts, except that:

(1)

One camping trailer or motor home not exceeding 35 feet in length may be stored on an occupied lot in any residential district, provided that such trailer or motor home is not stored within a required yard or between the street line and the principal building. Said trailer or motor home shall be stored on-site only and shall not be occupied.

(2)

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 trailer for a period not to exceed six months. Said temporary permit may be extended for an additional period of six months where the Code Enforcement Officer finds that construction has been diligently pursued and that justifiable circumstances require such an extension. In no event shall the total period of the permit and extensions exceed one year. 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, the Planning Board shall approve the location of said trailer on the lot. Said Board may attach to its approval whatever conditions are deemed necessary to carry out the intent of this Zoning chapter.

Commercial vehicles.

(1)

The parking of more than one commercial vehicle on any lot shall constitute a contractor yard and shall not be allowed except as otherwise permitted in this Zoning chapter.

(2)

Heavy construction equipment, i.e., bulldozers, loaders, cranes, and similar equipment, shall not be parked or stored on any residential lot except in conjunction with construction occurring on-site. The storage of heavy construction equipment shall be deemed a contractor yard and shall not be allowed except as otherwise permitted in this Zoning chapter.

(3)

Tractor trailers, garbage trucks, dump trucks, tow trucks, and similar vehicles shall not be parked or stored on any residential lot or within a residential zoning district within the Village of Hillburn.

Off-street loading.

(1)

In any district, in connection with every building, or building group or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied by light industrial or commercial uses or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths in accordance with the Schedule of Loading Requirements, as follows:

Schedule of Loading Requirements
Use	Square Feet of Gross Floor Area	No. of Loading Berths
School	15,000 or more	1
Hotels and Offices	10,000 or more	1
Retail, Commercial and Miscellaneous	10,000 to 25,000	1
	25,001 to 40,000	2
	40,001 to 60,000	3
	60,001 to 100,000	4
	For each additional 50,000	1 or major fraction thereof

(2)

Required loading berths shall be located in the side or rear yards.

Establishment and regulation of bus stops.

(1)

Designation and regulation. The Village Board of Trustees shall establish designated bus stop locations within the Village. Bus stop location designations shall be made by resolution of the Board of Trustees and may be modified in the same manner from time to time.

(2)

Fines. Violations shall be subject to fines, which fines shall be established by resolution of the Village Board of Trustees and may be modified in the same manner from time to time.

(3)

Enforcement. This subsection shall be enforced by the Village Code Enforcement Officer.

Idling of engines.

(1)

No person or legal entity that owns, operates or leases a motor vehicle or who has actual control of the operation of a motor vehicle, whether passenger or commercial, shall cause or permit the engine of such motor vehicle to idle during the nighttime period from 11:00 p.m. to 6:00 a.m. for more than 20 consecutive minutes.

(2)

Exceptions. The restrictions in this subsection shall not apply to:

(a)

Motor vehicles which are required or forced to remain motionless because of conditions over which the operator has no control.

(b)

Motor vehicles left idling in order to comply with federal, state or local regulations, including but not limited to regulations requiring that a specific temperature be maintained within the motor vehicle, which exception shall only apply to vehicles within a nonresidential zoning district.

(c)

Motor vehicles left idling in order to maintain a temperature within the motor vehicle that is reasonably necessary for the health of the motor vehicle's driver and/or passengers.

(d)

Situations in which the motor vehicle's engine is being used to provide emergency power for an auxiliary purpose other than transportation.

(e)

Police, fire, public utility and other vehicles used in public service.

Hillburn City Zoning Code

ARTICLE VIII

Off-Street Parking and Loading Areas

§ 250-27 Off-street parking.

Applicability. The parking requirements of this section shall apply to new development, expansions and increases in building size, density or intensity, and changes of use, as follows:

(1)

New development. Unless otherwise expressly stated, the parking standards of this section apply to all new development.

(2)

Any expansion or increase in nonresidential building size or density on a lot.

(3)

Any increase in the number of residences on a lot.

(4)

Schedule of parking requirements.

(1)

[Amended 9-12-2023 by L.L. No. 4-2023]

Schedule of Parking Requirements
Use	Minimum Number of Parking Spaces
Residential Uses
One-family detached residence	2 parking spaces per residence
Two-family detached residence	2 parking spaces per residence
Multiple residence	1 space per 1-bedroom residence; 2 spaces per 2-bedroom residence; 2 spaces per 3- and more bedroom residence, and an additional 1 visitor parking space per every 4 residences
Mixed-use residential above commercial	2 parking spaces per dwelling
Nonresidential Uses
Animal sanctuary	1 parking space per employee, plus 1 parking space per guest unit, plus 1 parking space per every visitor during peak visiting time period
Antique shop, art gallery	1 parking space per 200 square feet of retail floor area, plus 1 space per employee during peak shift
Automobile sales and service	1 space per 250 square feet of showroom, office, and vehicle display area
Automotive garage	5 spaces plus 1 per employee on the largest shift
Bank	1 space per 200 square feet of gross floor area
Bar, restaurant	1 space per every three seats, plus 1 space per employees working on the peak shift
Building contractor	1 space per employee on the peak shift, plus 1 space per 200 square feet of office area for customers
Bus terminal	1 space per employee on the peak shift, plus 1 space per 200 square feet of seating area for passengers
Cemetery	Minimum capacity for 40 vehicles clear of any public street
Child day-care center	1 space per 350 square feet of gross floor area, exclusive of exterior play areas
Community facility	1 space per 200 square feet of gross floor area
Concrete mixing plant	1 space per employee on the peak shift, plus 1 space per 200 square feet of office area for customers
Conference center	1 space for each 200 square feet of floor area open to the public, including assembly areas. Administrative office space is to be parked at 1 space per 300 square feet of administrative floor area
Craft workshop	1 space per 200 square feet of gross floor area
Farm market	1 space per 5 feet of frontage or 100 square feet of floor/sales area, whichever requirement is less
Fire, police, ambulance and similar municipal building	1 space per employee or volunteer during the peak shift
Food distribution facility	1 space per 300 square feet of office area, plus 1 space per 1,000 square feet gfa of warehouse floor area
Health fitness facility, day spa	Not less than the highest design hour as determined by the Planning Board
Hotel	1 space per each guest room, and in addition, 1 space per employee on the largest shift or 1 space per 150 square feet of restaurant, conference center, front desk, recreation, and other common areas used by guests, whichever is greater.
Hotel, resort	1 space per each guest unit, plus 1 per 3 employees in the maximum working shift, plus additional spaces for auxiliary uses in accordance with the schedule for each use
Landscape materials, wholesale or retail trade	1 space per each 250 feet of any retail building space, plus 1 per employee on the largest shift
Laundromat	1 space for every 2 washing machines, plus 1 space per employee on the peak shift
Light industry and research	1 space per 2 employees in the maximum working shift, plus 1 space per 1,000 square feet of office area
Microbrewery, tourism-related winery, brewery, distillery, or similar food processing	1 space per employee on the peak shift, plus 1 space per every 200 square feet of customer area
Museum, cultural and performing arts center	1 space for each 200 square feet of floor area open to the public, including assembly areas. Administrative office space is to be parked at 1 space per 300 square feet of administrative floor area
Nursery school	1 space per 100 square feet of floor area in such use or 1 per 4 seats capacity, whichever requirement is greater
Offices	1 space per 200 square feet of floor area
Parks and playgrounds	As determined by the Planning Board
Personal service use	1 space per 150 square feet of gross floor area
Place of worship	1 space per 200 square feet of floor area or 4 seats capacity, whichever is greater
Printing and publishing establishment	1 space per 300 square feet of office area, plus 1 space per 1,000 square feet gfa of warehouse floor area
Public school	1 space per 300 square feet of floor area or 12 student seats, whichever requirement is greater, plus 1 space per 2 enrolled students over the age of 16
Public utilities	As determined by the Planning Board
Recreation, commercial indoor	Not less than the highest design hour as determined by the Planning Board
Retail, deli, dry-cleaning establishment, general store, grocery store	1 space per 150 square feet of gross floor area
Shopping center, designed	1 space per 150 square feet of gross floor area
Tourism related use	1 space per 150 square feet of gross floor area
Truck depot	1 space per 1,000 square feet of gross floor area
Wholesale or warehouse use	1 space per employee on the peak shift, plus 1 space per every 200 square feet of customer area, plus 1 space per 1,000 square feet of gross floor area for customers (wholesale only), but no less than 1 space per 500 square feet of space
Any use not listed	Determined by the Planning Board

(2)

The amount of parking shall be based on the Schedule of Parking Requirements above, adjusted as necessary to consider the following factors:

(a)

(b)

(c)

The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.

(d)

Recommendations, if any, from other public agencies or information sources which suggest, based on experience, the appropriate amount of parking in connection with a given use.

(e)

General standards.

(1)

(2)

The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles or the major repair of vehicles in public and private parking lots is prohibited.

(3)

(4)

(5)

Except where any other section of this Zoning chapter requires greater distances, no required parking spaces shall be nearer than:

(a)

Five feet to the wall of any building, except a building that is served by the parking or loading spaces, e.g., a warehouse building.

(b)

Five to a side or rear property line for any residential use.

(c)

Fifteen feet to a side or rear property line for any nonresidential use, except that nothing shall be construed to permit parking in a buffer.

(d)

(e)

Enclosed parking within primary and accessory buildings shall be exempt from this restriction, and the building shall otherwise meet the bulk requirements of this Zoning chapter.

(6)

Except for on-street parking that is permitted to satisfy parking requirements, no off-street parking spaces shall be located within a public right-of-way.

(7)

(8)

(9)

Double-loaded spaces or stack parking shall not be permitted as a means of satisfying the parking requirements except for one-family detached residences within a driveway.

(10)

Parking shall be so arranged as to provide adequate area for fire zones.

Parking area design.

(1)

(2)

(3)

Parking Angle (degrees)	One-Way Aisle Width (feet)	Two-Way Aisle Width (feet)
90	24	24
60	18	—
45	13	—
30	12	—
0 (parallel)	12	—

(4)

Parking area landscaping.

(1)

(2)

Applicability. All parking lots with 10 or more parking spaces or eight (8) or more spaces in a single row shall be subject to the requirements of this section.

(3)

Perimeter landscaping.

(a)

(b)

(4)

Interior landscaping. All parking areas subject to this subsection shall include interior landscaping according to the following standards:

(a)

Landscaped islands with a minimum width of eight feet and surrounded by a minimum six-inch curb shall be provided to direct the flow of traffic and to provide a place for shade trees to be planted.

(b)

(c)

Additional landscaping, including shrubs and ground cover, may be required by the Planning Board through the site plan review process.

Minimum off-street parking standards.

(1)

(2)

Rules for computing minimum parking requirements.

(a)

Where a fractional space results, the required number of parking spaces shall be rounded to the next whole number.

(b)

In the case of mixed uses, the number of parking spaces required is equal to the sum of the requirements for the various uses computed separately, except for reductions allowed below.

(1)

(2)

Trailers. The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts, except that:

(1)

(2)

Commercial vehicles.

(1)

The parking of more than one commercial vehicle on any lot shall constitute a contractor yard and shall not be allowed except as otherwise permitted in this Zoning chapter.

(2)

(3)

Off-street loading.

(1)

Schedule of Loading Requirements
Use	Square Feet of Gross Floor Area	No. of Loading Berths
School	15,000 or more	1
Hotels and Offices	10,000 or more	1
Retail, Commercial and Miscellaneous	10,000 to 25,000	1
	25,001 to 40,000	2
	40,001 to 60,000	3
	60,001 to 100,000	4
	For each additional 50,000	1 or major fraction thereof

(2)

Required loading berths shall be located in the side or rear yards.

Establishment and regulation of bus stops.

(1)

(2)

Fines. Violations shall be subject to fines, which fines shall be established by resolution of the Village Board of Trustees and may be modified in the same manner from time to time.

(3)

Enforcement. This subsection shall be enforced by the Village Code Enforcement Officer.

Idling of engines.

(1)

(2)

Exceptions. The restrictions in this subsection shall not apply to:

(a)

Motor vehicles which are required or forced to remain motionless because of conditions over which the operator has no control.

(b)

(c)

Motor vehicles left idling in order to maintain a temperature within the motor vehicle that is reasonably necessary for the health of the motor vehicle's driver and/or passengers.

(d)

Situations in which the motor vehicle's engine is being used to provide emergency power for an auxiliary purpose other than transportation.

(e)

Police, fire, public utility and other vehicles used in public service.

Hillburn City Zoning Code

ARTICLE VIII

Off-Street Parking and Loading Areas

§ 250-27 Off-street parking.

Applicability. The parking requirements of this section shall apply to new development, expansions and increases in building size, density or intensity, and changes of use, as follows:

(1)

New development. Unless otherwise expressly stated, the parking standards of this section apply to all new development.

(2)

Any expansion or increase in nonresidential building size or density on a lot.

(3)

Any increase in the number of residences on a lot.

(4)

Schedule of parking requirements.

(1)

[Amended 9-12-2023 by L.L. No. 4-2023]

Schedule of Parking Requirements
Use	Minimum Number of Parking Spaces
Residential Uses
One-family detached residence	2 parking spaces per residence
Two-family detached residence	2 parking spaces per residence
Multiple residence	1 space per 1-bedroom residence; 2 spaces per 2-bedroom residence; 2 spaces per 3- and more bedroom residence, and an additional 1 visitor parking space per every 4 residences
Mixed-use residential above commercial	2 parking spaces per dwelling
Nonresidential Uses
Animal sanctuary	1 parking space per employee, plus 1 parking space per guest unit, plus 1 parking space per every visitor during peak visiting time period
Antique shop, art gallery	1 parking space per 200 square feet of retail floor area, plus 1 space per employee during peak shift
Automobile sales and service	1 space per 250 square feet of showroom, office, and vehicle display area
Automotive garage	5 spaces plus 1 per employee on the largest shift
Bank	1 space per 200 square feet of gross floor area
Bar, restaurant	1 space per every three seats, plus 1 space per employees working on the peak shift
Building contractor	1 space per employee on the peak shift, plus 1 space per 200 square feet of office area for customers
Bus terminal	1 space per employee on the peak shift, plus 1 space per 200 square feet of seating area for passengers
Cemetery	Minimum capacity for 40 vehicles clear of any public street
Child day-care center	1 space per 350 square feet of gross floor area, exclusive of exterior play areas
Community facility	1 space per 200 square feet of gross floor area
Concrete mixing plant	1 space per employee on the peak shift, plus 1 space per 200 square feet of office area for customers
Conference center	1 space for each 200 square feet of floor area open to the public, including assembly areas. Administrative office space is to be parked at 1 space per 300 square feet of administrative floor area
Craft workshop	1 space per 200 square feet of gross floor area
Farm market	1 space per 5 feet of frontage or 100 square feet of floor/sales area, whichever requirement is less
Fire, police, ambulance and similar municipal building	1 space per employee or volunteer during the peak shift
Food distribution facility	1 space per 300 square feet of office area, plus 1 space per 1,000 square feet gfa of warehouse floor area
Health fitness facility, day spa	Not less than the highest design hour as determined by the Planning Board
Hotel	1 space per each guest room, and in addition, 1 space per employee on the largest shift or 1 space per 150 square feet of restaurant, conference center, front desk, recreation, and other common areas used by guests, whichever is greater.
Hotel, resort	1 space per each guest unit, plus 1 per 3 employees in the maximum working shift, plus additional spaces for auxiliary uses in accordance with the schedule for each use
Landscape materials, wholesale or retail trade	1 space per each 250 feet of any retail building space, plus 1 per employee on the largest shift
Laundromat	1 space for every 2 washing machines, plus 1 space per employee on the peak shift
Light industry and research	1 space per 2 employees in the maximum working shift, plus 1 space per 1,000 square feet of office area
Microbrewery, tourism-related winery, brewery, distillery, or similar food processing	1 space per employee on the peak shift, plus 1 space per every 200 square feet of customer area
Museum, cultural and performing arts center	1 space for each 200 square feet of floor area open to the public, including assembly areas. Administrative office space is to be parked at 1 space per 300 square feet of administrative floor area
Nursery school	1 space per 100 square feet of floor area in such use or 1 per 4 seats capacity, whichever requirement is greater
Offices	1 space per 200 square feet of floor area
Parks and playgrounds	As determined by the Planning Board
Personal service use	1 space per 150 square feet of gross floor area
Place of worship	1 space per 200 square feet of floor area or 4 seats capacity, whichever is greater
Printing and publishing establishment	1 space per 300 square feet of office area, plus 1 space per 1,000 square feet gfa of warehouse floor area
Public school	1 space per 300 square feet of floor area or 12 student seats, whichever requirement is greater, plus 1 space per 2 enrolled students over the age of 16
Public utilities	As determined by the Planning Board
Recreation, commercial indoor	Not less than the highest design hour as determined by the Planning Board
Retail, deli, dry-cleaning establishment, general store, grocery store	1 space per 150 square feet of gross floor area
Shopping center, designed	1 space per 150 square feet of gross floor area
Tourism related use	1 space per 150 square feet of gross floor area
Truck depot	1 space per 1,000 square feet of gross floor area
Wholesale or warehouse use	1 space per employee on the peak shift, plus 1 space per every 200 square feet of customer area, plus 1 space per 1,000 square feet of gross floor area for customers (wholesale only), but no less than 1 space per 500 square feet of space
Any use not listed	Determined by the Planning Board

(2)

The amount of parking shall be based on the Schedule of Parking Requirements above, adjusted as necessary to consider the following factors:

(a)

(b)

(c)

The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.

(d)

Recommendations, if any, from other public agencies or information sources which suggest, based on experience, the appropriate amount of parking in connection with a given use.

(e)

General standards.

(1)

(2)

The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles or the major repair of vehicles in public and private parking lots is prohibited.

(3)

(4)

(5)

Except where any other section of this Zoning chapter requires greater distances, no required parking spaces shall be nearer than:

(a)

Five feet to the wall of any building, except a building that is served by the parking or loading spaces, e.g., a warehouse building.

(b)

Five to a side or rear property line for any residential use.

(c)

Fifteen feet to a side or rear property line for any nonresidential use, except that nothing shall be construed to permit parking in a buffer.

(d)

(e)

Enclosed parking within primary and accessory buildings shall be exempt from this restriction, and the building shall otherwise meet the bulk requirements of this Zoning chapter.

(6)

Except for on-street parking that is permitted to satisfy parking requirements, no off-street parking spaces shall be located within a public right-of-way.

(7)

(8)

(9)

Double-loaded spaces or stack parking shall not be permitted as a means of satisfying the parking requirements except for one-family detached residences within a driveway.

(10)

Parking shall be so arranged as to provide adequate area for fire zones.

Parking area design.

(1)

(2)

(3)

Parking Angle (degrees)	One-Way Aisle Width (feet)	Two-Way Aisle Width (feet)
90	24	24
60	18	—
45	13	—
30	12	—
0 (parallel)	12	—

(4)

Parking area landscaping.

(1)

(2)

Applicability. All parking lots with 10 or more parking spaces or eight (8) or more spaces in a single row shall be subject to the requirements of this section.

(3)

Perimeter landscaping.

(a)

(b)

(4)

Interior landscaping. All parking areas subject to this subsection shall include interior landscaping according to the following standards:

(a)

Landscaped islands with a minimum width of eight feet and surrounded by a minimum six-inch curb shall be provided to direct the flow of traffic and to provide a place for shade trees to be planted.

(b)

(c)

Additional landscaping, including shrubs and ground cover, may be required by the Planning Board through the site plan review process.

Minimum off-street parking standards.

(1)

(2)

Rules for computing minimum parking requirements.

(a)

Where a fractional space results, the required number of parking spaces shall be rounded to the next whole number.

(b)

In the case of mixed uses, the number of parking spaces required is equal to the sum of the requirements for the various uses computed separately, except for reductions allowed below.

(1)

(2)

Trailers. The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts, except that:

(1)

(2)

Commercial vehicles.

(1)

The parking of more than one commercial vehicle on any lot shall constitute a contractor yard and shall not be allowed except as otherwise permitted in this Zoning chapter.

(2)

(3)

Off-street loading.

(1)

Schedule of Loading Requirements
Use	Square Feet of Gross Floor Area	No. of Loading Berths
School	15,000 or more	1
Hotels and Offices	10,000 or more	1
Retail, Commercial and Miscellaneous	10,000 to 25,000	1
	25,001 to 40,000	2
	40,001 to 60,000	3
	60,001 to 100,000	4
	For each additional 50,000	1 or major fraction thereof

(2)

Required loading berths shall be located in the side or rear yards.

Establishment and regulation of bus stops.

(1)

(2)

Fines. Violations shall be subject to fines, which fines shall be established by resolution of the Village Board of Trustees and may be modified in the same manner from time to time.

(3)

Enforcement. This subsection shall be enforced by the Village Code Enforcement Officer.

Idling of engines.

(1)

(2)

Exceptions. The restrictions in this subsection shall not apply to:

(a)

Motor vehicles which are required or forced to remain motionless because of conditions over which the operator has no control.

(b)

(c)

Motor vehicles left idling in order to maintain a temperature within the motor vehicle that is reasonably necessary for the health of the motor vehicle's driver and/or passengers.

(d)

Situations in which the motor vehicle's engine is being used to provide emergency power for an auxiliary purpose other than transportation.

(e)

Police, fire, public utility and other vehicles used in public service.