New Windsor City Zoning Code
ARTICLE IX
Off-Street Parking
§ 300-59 General requirements.
Off-street parking spaces, open or enclosed, are permitted as accessory to any use subject to the following provisions:
A.
Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified in § 300-60. 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. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.
B.
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces shall include any private garage, carport or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on that portion of a corner lot which is subject to the provisions of § 300-11B(1).
C.
Size of spaces. Each parking space (stall) for automobiles shall have a minimum width of nine feet and a minimum length of 19 feet. Adequate aisle space shall be provided for standing area and maneuvering. Minimum aisle space shall be as follows: for ninety-degree angle parking, 25 feet; for sixty-degree angle parking, 18 feet; and for forty-five-degree angle parking, 15 feet. Additional requirements may be made of the applicant regarding reserved handicapped spaces and directions for vehicular circulation patterns. Painted delineation of spaces is required unless waived by the Planning Board.
D.
Access. Unobstructed access to and from a street with an internal turnaround area shall be provided. Such access shall consist of at least two ten-foot lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area of five or more spaces shall be located within 75 feet of any street intersection.
E.
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.
F.
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 be not less than the total required for all such establishments.
G.
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 for that use to the least requirement.
H.
Location and ownership.
(1)
Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use or uses to which they are accessory or may be provided elsewhere, provided that all spaces are located within 500 feet walking distance of such lot. The Planning Board may approve spaces located a distance greater than 500 feet, provided that alternative transportation or shuttle services are provided to the location of the use or uses, as a condition of the site plan. Such spaces may be required to be in the same ownership as the use to which they are accessory and may be subject to deed restrictions, 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.
(2)
In all cases, 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 is permitted in a residential district, or upon the approval of the Planning Board.
I.
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 residence district, unless the use to which they are accessory is permitted in such district, or upon approval by the Planning Board.
§ 300-60 Minimum off-street parking requirements.
A.
Regardless of zoning district, there shall be provided on the same site (or adjoining the site where permitted by the Planning Board) with any use off-street parking to meet or exceed the minimum requirements.
B.
Where any site or building shall include mixed uses of those listed, the parking shall be based on a sum of the parking required for each of the individual uses, as acceptable to the Planning Board.
C.
For any permitted use not specifically listed, there shall be provided reasonable and appropriate parking areas based on the highest anticipated parking required to meet maximum employee parking plus visitor and customer parking, as determined by the Planning Board.
D.
Minimum parking requirements are as follows:
(1)
Single-family and two-family dwellings (including apartments): two spaces per dwelling. Garage (indoor) spaces are included in the count.
(2)
Multiple dwellings, including workforce housing: 2.5 spaces per dwelling unit. Garage (indoor) spaces and driveway spaces to the units are included in the count. Additional spaces for accessory buildings such as clubhouses or other recreational facilities shall be required.
(3)
Senior citizen housing: 2.5 spaces per dwelling unit. Garage (indoor) spaces are included in the count. Additional spaces for accessory buildings such as clubhouses or other recreational facilities shall be required.
(4)
Bed-and-breakfast inns: parking spaces for the residential use plus 1.25 spaces per rental room.
(5)
Reserved.
(6)
Home occupation: a minimum of four, including the two required for the residential use, or more as determined by the Planning Board in connection with the special permit. Garage (indoor) spaces are included in the count for the residential use. Access to the home professional office spaces cannot be obstructed by any other spaces.
(7)
Mobile homes: two spaces per unit.
(8)
Recreation areas with no buildings: four spaces per acre, or as deemed appropriate by the Planning Board based on the proposed use.
(9)
Recreation areas with buildings: four spaces per acre of outdoor use, plus spaces as determined by the parking requirements for the building use, including but not limited to retail stores, restaurants and eating and drinking establishments (if permitted).
(10)
Fraternal, social and annual membership clubs: one space for each 300 square feet of total floor area, plus additional spaces as determined by the Planning Board for other accessory or principal uses.
(11)
Hunting preserves (as approved by the New York State Department of Environmental Conservation): as deemed appropriate by the Planning Board based on the proposed use.
(12)
Boat docks, marinas and related clubhouses: one for each two slips, plus the use of the building or clubhouse.
(13)
Buildings or open stands for the display of agricultural products: one for each 300 square feet of total floor area.
(14)
Hospitals, sanatoriums, and philanthropic and eleemosynary institutions: one space for each two beds, plus five spaces for each operating room and clinic suite.
(15)
Medical and dental clinics: one space per 150 square feet of total floor area.
[Amended 9-7-2016 by L.L. No. 2-2016]
(16)
Convalescence facility and nursing homes: one space per each four beds, plus one space per employee.
(17)
Undertaking establishments and funeral homes: 30 spaces per parlor or chapel.
(18)
Cemeteries: off-street standing area to accommodate 50 automobiles.
(19)
Railroad, public utility, radio and television transmission antennas and essential services: minimum one space, or one space per 300 square feet of total floor area or one space per employee, as determined by the Planning Board.
(20)
Churches and other places of worship: one space per each three-person seating capacity.
(21)
Schools (non-adult): one for each 12 seats for students or one for each four seats in auditoriums, whichever is greater.
(22)
Day-care centers: one space per employee, plus one space per five children. A turnaround shall be provided so that no vehicle is required to exit the facility by backing onto a public road.
(23)
Schools of special or private instruction: one space per each student, plus one space per employee, or one space per 200 square feet of total floor area, as determined by the Planning Board.
(24)
Dormitory: one space per resident.
(25)
Retail stores: one space per 200 square feet of total floor area.
(26)
Wholesale establishments or warehouses: one space for each two employees in the maximum work shift or one space for every 1,000 square feet of total floor area, or as deemed appropriate by the Planning Board based on the proposed use.
(27)
Shopping malls (exceeding 50,000 square feet of gross area): four spaces per 1,000 square feet of total floor area.
(28)
Service establishments and personal service establishments and shops: one space per 150 square feet of total floor area.
(29)
Theaters and cinemas: one space per four seats.
(30)
Banks: one space per 250 square feet of total floor area and a minimum of five cars stacking per drive-through lane.
(31)
Offices: one space per 200 square feet of total floor area.
(32)
Office complex (exceeding 20,000 square feet of total floor area per building): four spaces per 1,000 square feet of total floor area.
(33)
Laboratory or research offices: one space for each two employees in maximum work shift or one for each 400 square feet of total floor area, whichever is greater.
(34)
Restaurants, eating and drinking establishments and catering facilities: one space for each three-person seating capacity.
(35)
Motor vehicle sales: one space per 1,000 square feet of total floor area.
(36)
Vehicle service repair establishment and gasoline service stations: four spaces per service bay (400 square feet area of vehicle repair), plus one space for each 300 square feet of floor area outside of service area.
(37)
Automobile car wash facility: four spaces plus minimum stacking room for seven vehicles, as approved by the Planning Board.
(38)
Laundromats: one space per each four machines installed.
(39)
Dry-cleaning and laundry establishments: four spaces or one space per 1,000 square feet of total floor area, whichever is greater.
(40)
Commercial dog or veterinary clinics and kennels: one space per 175 square feet of total floor area.
(41)
Hotels and motels: one space per rental room, plus additional spaces for conference rooms, restaurants, etc., based on one space per three-person seating capacity.
(42)
Bowling alleys: five spaces per lane.
(43)
Mini warehouses: five spaces for the office and management area, plus additional convenience spaces distributed on site as deemed appropriate by the Planning Board. Parking spaces cannot be used for vehicle, boat, RV or other storage.
(44)
Light manufacturing and assembly: one per each two employees in maximum work shift or one per 400 square feet of total floor area, as deemed appropriate by the Planning Board.
(45)
Libraries, museums and galleries: one space per 300 square feet of total floor area.
E.
Fractional spaces shall be rounded to the next highest number.
F.
The Planning Board, in its sole discretion, may modify the requirements of this subsection, upon:
G.
Shared parking.
(1)
The Planning Board, in its sole discretion, may allow the use of shared parking amongst adjoining lots upon:
(2)
The use of shared parking may be conditioned upon the establishment of permanent cross-easements to ensure that future parking requirements are met despite any changes in ownership amongst the lot owners.
H.
Land-banked parking. Land banking allows for designating a portion of land on a site that would be required for parking to be held and preserved as open space, rather than constructed as parking. The Planning Board may permit land banking of up to 25% of the required parking spaces through the site plan review process, subject to the following.
(1)
Sufficient evidence is provided by the applicant that supports the reduced parking needs;
(2)
The area proposed for land banking of parking spaces must be an area suitable for parking at a future time;
(3)
Landscaping of the land-banked area must be in full compliance of the zoning regulations and, at a minimum, landscaped with turf or left in its natural state. As a result of the site plan review process, the Planning Board may require additional landscaping of the land-banked area;
(4)
The land-banked area cannot be used for any other use and must be part of the same lot and all under the same ownership;
(5)
As part of the site plan review process, the applicant must show the area to be banked on the site plan and marked as "Land-Banked Future Parking"; and
(6)
The Code Enforcement Officer, on the basis of increased parking demand for the use, may require the conversion of all or part of the land-banked area to off-street parking spaces.
§ 300-61 Parking spaces adjacent to lots in any residence district.
A.
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot lines of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screen shall be not less than five nor more than eight feet in height.
B.
Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence approved by the Planning Board, located along a line drawn parallel to the street and a distance of five feet therefrom, such screening to be interrupted only at points of ingress and egress. In general, no such screening shall be less than three feet nor more than eight feet in height. Such fencing shall supersede the requirements of § 300-11C(1)(d). The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.
§ 300-62 Driveways.
No driveway shall provide access to a lot located in another district, which lot is used for any use, except residential, prohibited in the district in which such driveway is located.
§ 300-63 Commercial vehicles.
A.
One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot. For purposes of this section, trucks or sport utility vehicles not exceeding 10,000 pounds shall not be deemed commercial vehicles.
B.
Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district.
§ 300-64 Trailers and boats.
A.
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 may be stored, but not used for any purpose, on an occupied lot in any residential district.
(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 one additional period of six months if the Code Enforcement Officer finds that construction has been diligently pursued and that justifiable circumstances require such an extension.
B.
Not more than one boat per dwelling unit may be stored on an occupied lot in any residential district.
§ 300-65 Unregistered vans; storage vehicles; donation boxes.
A.
The storage, parking or use for storage purposes or otherwise of an unlicensed or unregistered van, truck box, trailer box, trailer, truck, bus or other vehicle of any size, with or without wheels, is hereby prohibited in all districts. The storage, parking or use of any such object as of the effective date of this section shall not be deemed to be of such substantial nature as to warrant a preexisting use status for the object or the activity.
B.
Boxes. The use of dropoff or donation boxes shall be allowed in nonresidential districts subject to approval by the Building Department and upon the following conditions:
(1)
The lot owner provides written permission for the location of the box.
(2)
The location of the box cannot consume or obscure off-street parking, and in no event can the location of the box reduce the amount of off-street parking to an amount less than that required.
(3)
The box and its surroundings must be maintained and kept clear of debris, refuse or abandoned property.
(4)
The box shall be removed if not in use.
(5)
If the box is located on a lot that has received site plan approval from the Planning Board, then the Building Inspector may refer the proposal to locate a box on such lot to the Planning Board for its review and comment, and the Planning Board may, in its sole discretion, require an amendment to the approved site plan.