Thomaston City Zoning Code
ARTICLE XV
Off-Street Parking and Loading Space
§ 203-123 General requirements.
Off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and special exception uses of buildings, structures and lots in amounts not less than those specified in this Article.
§ 203-124 Determination of off-street parking space requirements.
A.
The requirement for a single use (e.g., a single-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this Article.
B.
The requirement for a combination use made up of several component uses (e.g., a retail store combined with an office building) shall be determined by establishing the requirement for each component use from the schedule of such requirements which is a part of this Article and adding them together.
C.
When the required number of spaces is determined to result in a fraction, it shall be increased to the next higher whole number.
D.
If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as for the most similar listed use as determined by the Building Commission.
E.
Parking spaces housed in a garage may be used to meet the requirements of this Article, except as otherwise specified herein. The required access driveway or aisle may not be used to meet the requirements of this Article.
[Added 4-25-1989 by L.L. No. 4-1989]
F.
No off-street parking shall be located in a carport, except where off-street parking was legally permitted to be so located prior to the effective date of this subsection.
[Added 10-16-1989 by L.L. No. 14-1989]
§ 203-125 Schedule of Off-Street Parking Space Requirements.
For the uses listed below, the number of off-street parking spaces required shall be as indicated:
A.
Single-family dwelling: two, housed in a garage, except that a single-family dwelling having a floor area not exceeding 1,800 square feet shall have at least one housed in a garage.
[Amended 4-25-1989 by L.L. No. 4-1989;[1] 9-11-1989 by L.L. No. 10-1989; 7-11-1994 by L.L. No. 9-1994]
[1]
Editor's Note: This local law also provided as follows:
"The requirement of a garage, as set forth in former § 148-100A of the Code of the Village of Thomaston, as amended by this local law, shall not apply to any single-family dwelling in existence on the effective date of this local law, but this local law shall not be deemed to supersede the terms of any permit or any lawful directive issued by an officer or agency of the Village of Thomaston prior to such effective date, which permit or directive requires a garage or other enclosed parking space in connection with the use or alteration of a single-family dwelling.
B.
Two-family dwelling: two per dwelling unit; at least 50% shall be enclosed parking.
C.
Multiple dwelling: 1 1/2 per dwelling unit; at least 60% shall be enclosed parking. In addition, all outdoor off-street parking shall be subject to approval by the Board of Trustees, and plans therefor shall be submitted with each application. The Board of Trustees, after due public notice and hearing and subject to appropriate conditions and safeguards and in harmony with the general purpose and intent of this chapter, may approve the same if the use is found reasonably necessary for the health, safety, convenience and general welfare of the village and the residents thereof and for the proper and facilitated movement of traffic through the village and the parking of automobiles, and if it is further found that the use will not unreasonably depreciate or impair the value of the buildings, lots and premises in the neighboring territory in the village. Front yard, rear yard and side yard requirements shall be as determined by said Board of Trustees, and the provisions of this section shall apply also to nonconforming multiple dwellings and apartment houses.
D.
Hospital, nursing home, clinic: one per two beds, plus one per employee, but in no event less than one per 150 square feet of gross floor area.
[2]
Editor's Note: Local law Nos. 8-1994 and 12-1994 were amended 2-13-1995 by L.L. No. 2-1995 to be applicable to any building for which a building permit is issued on and after October 3, 1994.
E.
Office buildings: one for each 225 square feet of gross floor area.
[Amended 8-13-1979 by L.L. No. 5-1979; 4-25-1989 by L.L. No. 3-1989; 8-10-1992 by L.L. No. 6-1992; 6-13-1994 by L.L. No. 8-1994; 7-26-1994 by L.L. No. 10-1994; 9-8-1994 by L.L. No. 12-1994[3]]
(1)
Professional offices, whether located in office buildings or otherwise, as may be permitted by law: one per 225 square feet of gross floor area, except that offices for medical professionals or medical services (other than hospitals, nursing homes or clinics) shall provide at least one space for each 150 square feet of gross floor area.
[3]
Editor's Note: Local Law Nos. 8-1994 and 12-1994 were amended 2-13-1995 by L.L. No. 2-1995 to be applicable to any building for which a building permit is issued on and after October 3, 1994.
F.
Manufacturing, industrial establishment, research institute, laboratory: one per 300 square feet of gross floor area.
G.
Place of public assembly (auditorium, church, convention hall, theater, lodge, club, hall, bowling, gymnasium, studio or other place of public assembly not otherwise classified): one per four seats or per four persons which can be legally accommodated, plus one per employee.
H.
Retail store, personal service shop: one per 300 square feet of gross floor area in excess of 500 gross square feet, with a minimum of two spaces.
J.
Home occupation, home professional office: two for the first 150 square feet of area given over to this component of the land use, plus one for each additional 150 square feet or fraction thereof, but in no case less than two spaces.
K.
Restaurant: one per four permanent seats and, in dining areas where there is no fixed seating, one per 60 square feet of gross floor area, less any floor area devoted exclusively to cooking and food preparation or storage, as may be determined by the Code Official, plus one for each two employees.
[Amended 4-25-1989 by L.L. No. 3-1989]
M.
N.
All other businesses: one per each 300 square feet of gross floor area in excess of 500 square feet of gross floor area, with a minimum of two spaces.
O.
Filling station, parking garage, repair garage: sufficient parking spaces, as determined by the Building Commission for all vehicles being serviced at any one period of time, plus a minimum of five additional spaces[6].
[6]
Editor's Note: Former Subsection O, Restaurant, as amended, was repealed 4-25-1989 by L.L. No. 3-1989.
§ 203-126 Access driveways.
A.
Entrances and exits for off-street parking areas and garages may be either separate or combined.
B.
Every entrance or exit driveway shall have a minimum unobstructed width of 10 feet. Parking areas with 10 spaces or more shall have at least either two separate ten-foot driveways or a combined exit and entrance driveway with an unobstructed width of 20 feet. Access driveways shall be no closer than 25 feet to the street corner.
C.
Access driveways for other than single-family or two-family dwellings shall not exceed a center-line gradient of 8%.
§ 203-127 Off-street truck loading space requirements.
Every building or structure over 5,000 square feet of gross area or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:
Gross Floor Area (square feet) | Requirement (number of spaces) |
|---|---|
Over 5,000 but less than 25,000 | 1 |
25,000 to 39,999 | 2 |
40,000 or more | Additional spaces as determined to be needed by the Building Commission in its review of the plot plan for the proposed use |
§ 203-128 Design requirements.
A.
The parking area required shall be located on the premises and shall be so shaped as to provide for the parking of the maximum number of vehicles which could be parked in an area of such size. Minimum front yard setbacks, loading and unloading areas and access driveways shall not be included when computing the required amount of property for off-street parking. Where access driveways are required for special purposes (e.g., drive-in teller's window), they shall also not be included.
B.
The physical improvements of off-street parking and truck loading areas shall include:
(1)
Curbs, paving, sidewalks and drainage facilities complying with the standards approved by the Building Commission.
(2)
All areas devoted to off-street parking and access driveways shall be surfaced in accordance with specifications not less than those of the Town of North Hempstead, requiring 4 1/2 inches of broken stone (after compaction) and 1 1/2 inches of premixed bituminous topping material (after compaction).
(3)
Adequate drainage shall be provided to prevent overflow of rainwater or other precipitation onto adjoining properties or public streets.
(4)
In all parking areas containing or required to contain five or more parking spaces, all parking spaces shall be permanently delineated by painted lines four inches wide, all access driveways shall be marked with arrows indicating the proper flow of traffic, and individual parking spaces shall be shown and maintained.
[Amended 9-26-1989 by L.L. No. 13-1989]
(5)
Adequate lighting shall be provided in public parking areas to assure the general safety and convenience of the public. All lighting of premises shall be directed away from adjoining residences and shall not exceed a height of 20 feet above the grade of the premises. The location, candlepower, height and type of fixture to be installed shall be first approved by the Building Commission.
(6)
Parking areas shall be illuminated at night only during the business hours of the stores or buildings which they serve, which illumination shall be extinguished within 1/2 hour after the close of business (except security lighting, which shall be approved by the Building Commission). Where said parking areas are directly adjacent to residential districts, the lighting fixtures and equipment shall be so designed and installed as to reflect away from and to shield such residential districts from the lights of the parking areas.
(7)
In all open parking areas containing or required to contain five or more parking spaces located other than in an enclosed structure, permanent screening shall be provided in a manner to be approved by the Building Commission. Such screening shall be maintained by the property owner as a condition of parking area approval by the village.
[Amended 9-26-1989 by L.L. No. 13-1989]
(8)
No part of any required parking areas, access driveways or loading and unloading areas shall be used for the storage or abandonment of any article or material.
(9)
Off-street truck loading areas shall be surfaced in the same manner as the parking areas.
C.
The minimum width of aisles which serve no-parking spaces shall be 10 feet for one-way traffic and 20 feet for two-way traffic. The minimum width of aisles serving ninety-degree-angle parking shall be 24 feet. The minimum width for aisles serving sixty-degree angle parking shall be 18 feet, and the minimum width of aisles serving forty-five-degree-angle parking and parallel parking shall be 14 feet. All aisles less than 20 feet wide shall be restricted to one-way traffic.
[Amended 9-26-1989 by L.L. No. 13-1989]
D.
Aisles and turning areas shall have adequate radii to assure ease of mobility, ample clearance and convenient access and egress. Center-line gradients of aisles shall not exceed 8%.
E.
Parking spaces, other than parallel spaces, shall not be less than nine feet wide by 18 feet deep. Handicapped parking spaces shall be not less than 12 feet wide by 18 feet deep. Parallel parking spaces shall not be less than nine feet wide by 22 feet long. Parking space sizes for trucks or special equipment shall be of a minimum size to be established in each case by the Building Commission based upon the nature of the vehicles to be parked.
[Amended 9-26-1989 by L.L. No. 13-1989]
F.
Off-street truck loading spaces shall have a minimum width of 12 feet, a minimum length of 25 feet and a minimum clearance height of 14 feet. The related aisle shall have the same clear height.
G.
Off-street truck loading areas shall be provided in a location that will not interfere with accessory parking and means of ingress and egress thereto.
H.
Off-street parking and truck loading areas shall be designed to avoid the impression of large-scale paved areas. This shall include provision for landscaping and screening and landscaped islands within the parking areas in the proportion of 15 square feet for each parking space.
I.
Every parking space shall have free access to either an aisle or an access driveway.
§ 203-129 Exemptions and waivers.
[Amended 2-27-1990 by L.L. No. 2-1990]
A.
Exemption for prior nonconforming uses. Any use in existence on December 11, 1989, in a building, structure or premises which did not on that date conform to the requirements of this Article and which use was lawful on that date or entitled on that date to continue as a legal nonconforming use may continue without compliance with this Article. However, such use shall not be altered, enlarged or expanded or changed to any other use on or after December 11, 1989, unless said use and the building, structure or premises in or on which it is located shall conform to the requirements of this Article at the time of such alteration, enlargement, expansion and change and thereafter.
B.
As to any premises, building, structure or use within an established municipal parking district where the village has, as a matter of public policy, taken the responsibility for providing adequate off-street parking facilities for all uses in the district, the requirements of this Article may be waived by the Board of Trustees after public hearing in the same manner and upon the same terms and conditions as provided for the issuance of a special permit.
§ 203-129.1 Parking or storage of commercial vehicles in residential districts.
[Added 10-16-1995 by L.L. No. 5-1995]
A.
The provisions of this section shall be applicable in all residential districts, and the provisions of § 203-129 of this chapter shall not be applicable to the restrictions set forth in this section.
B.
No property in a residential district shall be used for the parking or storage of a commercial vehicle unless such vehicle is:
(1)
Parked or stored entirely within an enclosed garage and such vehicle is not visible from any location off said property during the period of such parking or storage;
(2)
Parked on such property only during active loading or unloading of merchandise; or
(3)
Parked on such property only during the active performance of any commercial service or duty undertaken by the operator of such vehicle in connection with said premises.
C.
For the purposes of this section, a "commercial vehicle" is a vehicle which requires commercial registration under the New York State Vehicle and Traffic Law or the regulations adopted thereunder, or any other vehicle which, by reason of the attachment of advertising messages and/or storage of service equipment or other commercial merchandise or hardware, presents the outward appearance of a vehicle which is primarily utilized in furtherance of a commercial or industrial enterprise.
§ 203-129.2 Storage of boats and vessels in residential districts.
[Added 4-2-2001 by L.L. No. 2-2001]
A.
No boat or vessel, or part thereof, of any kind or description shall be stored outdoors on any property in a residential district, except in compliance with the following conditions:
(1)
Not more than one boat or vessel, or part thereof, shall be stored outdoors on any property in a residential district.
(2)
No boat or vessel, or any equipment connected thereto, may be stored outdoors in a front yard.
(3)
At all times during such storage, the owner of such boat or vessel shall be an occupant of the property on which the boat or vessel is stored.
(4)
No boat or vessel with an overall length in excess of 25 feet shall be stored outdoors on any property in a residential district.
B.
For the purposes of this section, any trailer, hitch or equipment used to support, hold up, or otherwise used in connection with the storage of any boat or vessel shall be considered a part of the boat or vessel.
C.
For the purposes of this section, the terms "boat" or "vessel" shall include every description of watercraft used or capable of being used as a means of transportation on water.
D.
Any use of property in a residential district for the storage of any motor vehicle or trailer in a manner which would constitute a nonconforming use of such property on the effective date of this section shall not be a violation of the provisions of this section unless such use occurs or continues on or after 180 days after the effective date of this section.
E.
No person, as the owner or occupant of real property, or as the owner of any boat or vessel, shall cause or permit the storage of a boat or vessel on property in a residential district in violation of the provisions of this section.
§ 203-129.3 Parking or storage of vehicles.
[Added 4-2-2001 by L.L. No. 2-2001]
A.
No motor vehicle or trailer may be parked or stored outdoors on property in a residential district unless such vehicle:
(1)
Is registered in accordance with the provisions of the Vehicle and Traffic Law and the certificate of registration is conspicuously displayed in a location as required under the Vehicle and Traffic Law; and
(2)
Has affixed or displayed thereto a number plate issued by the Commissioner of the Department of Motor Vehicles with a number and other identification matter, if any, corresponding to that of the certificate of registration displayed thereon.
B.
Any use of property in a residential district for the storage of any motor vehicle or trailer in a manner which would constitute a nonconforming use of such property on the effective date of this section shall not be a violation of the provisions of this section unless such use occurs or continues on or after 180 days after the effective date of this section.
C.
No person, as the owner or occupant of real property, or as the owner of any motor vehicle or trailer, shall cause or permit the storage of a motor vehicle or trailer on property in a residential district in violation of the provisions of this section.
