Tuxedo City Zoning Code
ARTICLE VIII
Parking and Loading
§ 98-32 Parking.
A.
Off-street parking requirements. Off-street parking spaces, open or enclosed, are permitted accessory to any principal use, subject to the following provisions:
(1)
Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for uses as specified herein. Any land developed as an integrated project under common ownership and control shall be considered a single lot for the purpose of these parking regulations. Documentary proof of parking cross-easements is required. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed in this section shall be determined by the Planning Board upon consideration of all factors related to the parking needs of each such use.
(2)
Areas computed as parking spaces. A private garage, carport, or other area available for parking, other than a street or driveway, may be computed as an open or enclosed off-street parking space. A driveway within a required front yard for a single-family detached, single-family attached, or single-family semi-attached, or two-family dwelling may count as one parking space, provided a minimum driveway length of 25 feet is available for said space. No parking space shall be located on that portion of a corner lot within the sight triangle.
(3)
Size of spaces. The minimum parking stall width for a perpendicular parking space shall be nine feet and the minimum length shall be 18 feet. No parking space shall result in a vehicle overhanging a sidewalk or walkway. Entrance and exit lanes shall not be computed as parking spaces except for driveways for residences as set forth in Subsection A(2) herein. In the event an existing commercial property within the T-TC zoning district cannot conform to these standards because of lot size, configuration and/or topography, owners of such properties may apply to the Building Inspector for the waiver of requirements of this Subsection A(3) and Subsection A(1), provided that such waiver does not jeopardize public health, safety, and general welfare, and provided that such waiver does not violate Building Code, Fire Code, or any other building or safety regulation that may apply.
(4)
Access. Unobstructed access to and from a street with an internal on-site turnaround area shall be provided. Such access shall consist of at least one fifteen-foot-wide lane for parking areas consisting of 20 parking spaces or less, and two twelve-foot lanes for parking areas of over 20 parking spaces. 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.
(5)
Drainage and surfacing. All parking areas and driveways shall be properly drained and paved, except that parking spaces or driveways accessory to single-family dwellings served by individual driveways may be constructed of properly compacted gravel or crushed stone where any portion of said area does not exceed 5% slope. The Planning Board may require alternative dustless surfaces for other uses based on the characteristics of the use and the character of anticipated parking usage, e.g., regular versus overflow parking.
(6)
Joint facilities. Required parking spaces, open or enclosed, may be provided in parking areas designed to serve jointly two or more uses whether or not located on the same lot, if the number of required spaces in such joint facilities is not less than the total required for all such uses.
(7)
Shared spaces. The Planning Board, during site plan review, may approve the elimination of a portion of the required parking and allow for the shared use of parking spaces, provided that the Planning Board finds that the number of spaces to be provided will substantially meet the intent of this section by reason of variation in the probable time of maximum use by patrons and employees of the separate uses and provided the total number of spaces that would be required is reduced by no more than 50%. 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 as per Subsection C below.
(8)
Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory, unless considered a joint facility under Subsection A(6), provided that all spaces therein are located within 500 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 residential 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(s) to which they are accessory and shall be subject to an easement or deed restriction, approved by the Planning Board, 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.
B.
Parking on lots divided by district boundaries. Where 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.
C.
Postponement of full improvement of off-street parking. The Planning Board may allow an applicant to postpone the construction of parking facilities where the Board determines that there is some uncertainty as to the parking demand for a particular use, or that the immediate provision of parking would require the significant alteration of natural topography or disturbance to wooded sites. Where the Planning Board determines that the immediate use of any property may not require the full initial improvement of all off-street parking or loading facilities, it may waive the initial improvement of not more than 50% of the required number of spaces. The unimproved area shall be shown on the approved plan to be reserved for future parking facilities. The Planning Board may require that the reserve area be graded for parking in accordance with the approved plan. All reserved parking areas, if graded, shall be landscaped in accordance with an approved landscaping plan. Reserved spaces shall be improved within six months of the date of a written notice from the Code Enforcement Officer that such spaces have been determined to be necessary. Appropriate written guarantees to the above shall be provided by the applicant and approved by the Town Attorney. The Planning Board may require that a performance guarantee or other surety be posted to ensure the completion of said reserve parking, if so required.
D.
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Schedule B as follows:
Schedule B Schedule of Parking Requirements | |
|---|---|
Use | Required Parking Spaces |
Single-family detached; two-family dwelling; single-family semi-attached and attached dwelling | 2 per dwelling unit |
Dwelling, multifamily | 1 per studio unit; 1.5 per 1-bedroom unit; 2 per 2 or more bedrooms, plus an additional 15% of the total required number of spaces for visitor parking |
Dwellings above nonresidential uses | 1 per studio unit; 1.5 per 1 bedroom unit; 2 per 2 or more bedrooms, plus an additional 15% of the required number of spaces for visitor parking |
Automotive gas station | 1 per 100 sf gfa of the principal building area |
Automotive repair | 2 per working bay plus 1 space for each 300 sf gfa of building area |
Bank | 1 per 300 sf gfa of the principal building or 3 per teller, whichever is greater |
Bowling alley | 3 per lane |
Conference center; cultural and performing arts center; visitor center | 1 per 4 seats in major assembly hall or meeting area, plus 1 per 4 seats in classroom facilities; or 1 per 150 square feet of gross floor area, whichever is less |
Day-care center; nursery school | 1 per staff member, plus 1 per 300 sf gfa, plus an additional 5 for buildings of 5,000 sf gfa or less |
Distribution facility | 2 per each 3 employees on largest shift |
Funeral home | 1 per 3 seats, or 1 per 75 sf gfa, whichever is greater |
Golf course | 1 per 3 members or per 3 players at maximum capacity, whichever is greater |
Hotels; resort lodge | 1 space per guest sleeping room plus 1 space for each 2 employees on the largest employee shift |
Home occupation; professional office | 2 in addition to the required parking for the residential use |
Kennel; animal hospital | 1.25 per employee or 1 for each 200 sf gfa of building area, whichever is greater, plus an additional 5 for buildings of 5,000 sf gfa or larger |
Laundromat | 1 space per 4 machines installed |
Laboratory or research facility | 1 per 2 employees on the largest shift or 1 per 400 sf gfa, whichever is greater |
Manufacturing, light industry, tourist-related food processing | 1 per 500 sf gfa of building area |
Membership club; clubhouse | 1 per 5 members or 1 per 4 seats in the major assembly hall or meeting area, or per 200 sf gfa, whichever is greater plus an additional 5 for buildings of 5,000 sf gfa or less |
Museum, art gallery, library; craft workshop | 1 per 200 sf gfa |
Wholesale and retail trade of landscape materials and products | 1 per 200 sf gfa |
Senior care facility | 1 per each 2 beds or units |
Office use, other than medical and dental; sustainable business park | 1 per 200 sf gfa |
Office use, medical and dental | 4 per doctor or dentist, plus 1 space for each examining room or treatment room |
Place of worship | 1 per 4 seats in an auditorium, or 1 per 300 sf gfa, whichever is greater |
Public utilities | 1 plus 1 per each on-site employee |
Restaurant, including takeout | 1 per 3 seats or 1 per 75 sf gfa, whichever is greater |
Retail sales; service commercial; tourist related retail sales; health fitness facility; day spa; antique shop; grocery store | 1 per 200 sf gfa |
Senior care | 1 per 2 residential units plus 1 space for each employee on the largest employee shift |
Wholesale; warehouse | 1 per 1,000 sf gfa, or 2 per each 3 employees on the largest shift, whichever is greater |
All other uses not specifically listed herein | As determined by the Planning Board using parking standards promulgated by the Institute of Transportation Engineers, American Planning Association or similar industry standards |
Note: "gfa" - gross floor area; "sf" - square foot. Gross floor area shall refer to building area, unless otherwise noted herein, but shall not apply to accessory buildings less than 250 square feet. |
E.
Off-street loading berths. Open or enclosed off-street loading berths are permitted as set forth in Table I, Table of General Use and Bulk Requirements,[1] subject to the following:
(1)
Location and access. Unobstructed access at least 12 feet wide per lane, to and from a street, shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory. No entrance or exit for any off-street loading area shall be located within 75 feet of any street intersection. No off-street loading berth shall be located in any front yard or within a required side yard or required rear yard. Loading berths shall be screened from view of adjoining public streets.
(2)
Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
F.
On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to the entire lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district.
G.
Where required by these regulations, off-street loading berths shall be a minimum 12 feet in width and 44 feet in length, and a minimum ground to ceiling clearance of 15 feet, with sufficient turning and backing areas. Berths shall be paved and screened in a manner precluding view from any public street or residential use or residential district.
H.
Regulations for parking spaces adjacent to lots in a residence district or residential use.
(1)
Wherever a parking area consisting of five or more parking spaces abuts a lot in a residence district or a lot in residential use, the parking area shall be screened by a substantial wall, solid fence or thick hedge approved by the Planning Board. Generally, such screen shall be not less than three feet in height and fences and walls shall meet maximum height requirements set forth in this Zoning Chapter. The hedge or planting material shall provide year-round screening of the parking lot.
(2)
Wherever a parking area of five or more parking spaces is located across the street from property located in a residence district or in residential use, the parking area shall be screened from view by a thick hedge, wall or fence approved by the Planning Board, located along a line drawn parallel to the street and within a distance of 20 feet therefrom. Said screening shall be interrupted only at points of ingress and egress and the opening shall be minimized to the width of the driveway and to maintain adequate sight distance only. Generally, no such screening shall be less than three feet and all fences and walls shall meet maximum height requirements set forth in this Zoning Chapter. 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.
I.
Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited, except residential, in the district in which such driveway is located. This provision shall not apply to driveways which pre-existed the Zoning Chapter, except that the planning board may condition any approval of a use served by such driveway upon reasonable mitigation measures designed to protect the uses in the district wherein the access begins. A single-family residential use may be permitted without planning board approval when served by such pre-existing driveway. The maximum gradient of parking areas serving five or more vehicles shall not exceed 5%. 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.
J.
Commercial vehicles.
(1)
One commercial vehicle not exceeding 25 feet in length may be parked on a lot already occupied by a dwelling in any residential district, but not within the required yards of such lot and in no case between the street line and the principal building.
(2)
One commercial vehicle not exceeding 25 feet in length may be parked within a private garage in any residential district.
(3)
The use of commercial farm vehicles is permitted as an accessory use to an agricultural operation.
(4)
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.
(5)
The parking of more than one commercial vehicle on any lot shall not be allowed except as otherwise permitted in this Zoning Chapter.
(6)
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 not be allowed except as otherwise permitted in this Zoning Chapter.
(7)
Tractor trailers, garbage trucks, dump trucks, tow trucks, and similar vehicles shall not be parked or stored on any residential lot within the Town of Tuxedo.
K.
Trailers, boats, RVs, and campers.
(1)
The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts, except that:
(a)
One camping trailer, motor home, RV, or camper, not exceeding 35 feet in length, may be stored on an occupied lot in any residential district provided that such vehicle 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.
(b)
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 additional periods 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 three years. 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.
(2)
Not more than one boat per dwelling unit may be stored on an occupied lot in any residential district, provided that such boat is not stored within any required yard or between the street line and the principal building.