North Castle |
Code of Ordinances |
Part II. General Legislation |
Chapter 355. Zoning |
Article IX. Off-Street Parking and Loading |
§ 355-56. Location; improvement; use; design; maintenance.
Latest version.
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A.Location.(1)The required off-street parking facilities shall be provided on the same lot or premises with the structure or land use they serve, except:(a)Off-street parking and loading spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that the total amount of parking and loading facilities shall be the sum of the requirements of each individual use.(b)The Planning Board may permit all or part of the required parking spaces to be located on any lot within 250 feet of the building in the same zoning district or another zoning district where such parking is a lawful use, if the Board determines that it is impractical to provide parking on the same lot with the building.(2)Where said Board approves the location of such parking spaces in a single common facility or on a different lot than the lot occupied by the use served by the parking spaces, the Board shall require as a condition of approval a legal instrument satisfactory to the Town Attorney assuring the continued existence and use of said parking spaces in connection with the land uses and structures they serve. Such instrument shall also guarantee that, upon the termination of such joint use, each individual participant will provide off-street parking facilities for its own use in accordance with all requirements of this section.B.Improvement of parking facilities. Required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the extent deemed necessary by the Town Engineer to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. Parking areas in multifamily and nonresidential districts shall be suitably improved with surfacing consisting of six inches of granulated base and two inches of asphaltic concrete top, poured concrete curbs and other adequate drainage facilities, which surfacing, curbing and other drainage facilities shall be properly maintained.C.Waiver of improvement. Where the Planning Board determines, in connection with its action on a site plan, that poured concrete curbs are not appropriate or that less than the required number of parking or loading spaces will satisfy the intent of this chapter, because of variations in the probable time of maximum use by joint users or for any other reason, said Board may waive all or part of the improvement, but not more than 50% of the number of parking spaces required according to § 355-57 herein. In all cases, it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required, and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived. Such spaces must be constructed within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary.D.Size of parking spaces. Each parking space shall be at least nine feet wide and 18 feet long if unenclosed and at least 10 feet wide and 20 feet long if bordered by walls or columns on two or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles, such spaces may be reduced in depth to 16 feet, provided that vehicles will not overhang sidewalks or other pedestrian areas and the reduction in the size of the parking space does not impede the movements of vehicles within the parking area.[Amended 4-22-1993 by L.L. No. 2-1993]E.Aisles. Backup and maneuvering aisles between rows of parking spaces shall be at least 25 feet wide, except:(1)If the parking angle is between 80° and 90° and the parking spaces are at least 10 feet wide, aisles shall be at least 24 feet wide.(2)If the parking angle is less than 80° and aisles are designed for one-way traffic only, aisle width shall conform to at least the following standards:Minimum Parking Angle(degrees)Aisle Width(feet)0 to 441245 to 591360 to 7919F.Compact car parking. In nonresidential districts where at least 50 parking spaces are provided for the sole use of employees who use such spaces on a nontransient basis (cars parked at least three hours in the same space), up to 33% of these parking spaces may, with Planning Board approval, be designed and reserved for compact cars. Such spaces shall be at least eight feet wide and 15 feet long, shall be grouped in one or two locations on the lot and shall be clearly marked as being reserved for compact cars only.[Amended 4-22-1993 by L.L. No. 2-1993]G.Access drives. Access drives for ingress and egress to and from the parking and loading areas for sites located in commercial and multifamily residential districts shall be designed in conformance with the width standards provided below and the grade and surface standards provided in § 355-59, Driveways. Access drives shall provide unobstructed access to and from the street and shall be designed so as to avoid the backing of any vehicle across the sidewalk or into the street right-of-way. The width requirements shall be as follows:Size of Parking Area(number of spaces)Required Width of Access Drive(feet)1 to 5156 to 202021 and above24H.Landscaping. Except for parking spaces accessory to a single- or two-family dwelling, all off-street parking and loading areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping, to assure the establishment of a safe, convenient and attractive parking facility needing a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. At least one tree, not less than three inches in caliper at time of planting, shall be provided within such parking area for each 10 parking spaces.(1)Wherever possible, raised planting islands, at least eight feet in width, shall be provided to guide vehicle movement, and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.(2)In all off-street parking areas containing 25 or more parking spaces, at least 10% of the interior of the parking area shall be curbed and landscaped with trees, shrubs and other plant material.(3)No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn between points along such street line and access drive 30 feet distant from their point of intersection.I.Grades and marking. The maximum slope within a parking area shall not exceed 7%. In multifamily and nonresidential districts, the Planning Board may require the provision of suitable markings to indicate individual parking spaces, maneuvering areas, entrances and exits.J.Traffic circulation. In order to provide maximum efficiency, minimize curb cuts and encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.K.Alternate method of providing parking spaces. Where, because of limitations of size, dimensions or topography of a lot, an applicant for a building permit in a nonresidential district finds it impractical to provide all or a portion of the off-street parking spaces required in connection with a proposed building or addition, he may offer to grant and convey to the Town, or a Town parking district, appropriately and conveniently located and developed land for parking in an equivalent amount. Upon report to the Town Board by the Planning Board stating that it concurs in such findings and the appropriateness of the proposed land for parking, the Town Board, at its discretion, may accept such developed land in lieu of that portion of the applicant's parking requirement, provided that it is permanently dedicated to the Town.L.Parking district. Where the Town has established a parking district, required off-street parking for any land use within that parking district may be provided in accordance with the provisions of said district. Continued conformance with the provisions of said district shall be required for the continued validity of any certificate of occupancy or other permit issued for said land use.M.Operation and maintenance. Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed or make use of such structures and land uses. Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures for which they were originally provided.N.Reserved parking for handicapped persons.(1)In accordance with Vehicle and Traffic Law § 1203-c, in nonresidential districts, handicapped spaces shall be provided as required below:Total Number of Parking SpacesNumber of Spaces Reserved for Handicapped1 to 25126 to 50251 to 75376 to 1004101 to 1505151 to 2006201 to 3007301 to 4008401 to 5009501 to 1,0002% of totalOver 1,00020, plus 1 for each 100 spaces over 1,000(2)For a shopping center or facility having at least five separate retail stores and at least 20 off-street parking spaces, a minimum of 5% of such parking spaces or 10 spaces, whichever is less, shall be for the use by the physically handicapped. All parking spaces reserved for the handicapped shall be at least 13 feet wide and 18 feet long and shall be clearly identified using appropriate markings and signage as required by the State of New York.