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Town of Somers, NY
Westchester County
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Table of Contents
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[Amended 8-8-1996 by L.L. No. 16-1996]
For every building hereafter erected or altered or use hereafter established, there shall be provided off-street parking and loading areas as set forth in this Article. Such areas, together with access and turning areas, shall be paved, unless otherwise permitted by the Planning Board. Sufficient off-street parking and loading areas shall be provided to accommodate the number of vehicles customarily used for conveying occupants, customers and visitors to such building or use and customarily used for deliveries to or removal of goods from such building or use. It is intended hereby to require provision for normal conditions and not for abnormal peak loads. The joint use of parking by uses which are anticipated to require parking at different hours of the day or on different days of the week may be permitted if approved by the Planning Board. Provisions for handicap parking shall comply with criteria defined by the New York State Uniform Fire Prevention and Building Code.
A. 
Each such off-street parking area for more than five units which is located in a single-family residence district shall be screened from the adjoining residential properties in such districts by a landscaped strip not less than 10 feet wide, on which there is a shrubbery screen not less than five feet wide and three feet high and of which 1/2 the shrubs shall be evergreens.
B. 
Within any yard of any business use which adjoins property zoned for one-family residence purposes and along the edge thereof, there shall be a landscaped strip not less than 15 feet in width where it adjoins a one-family residence district and 10 feet in width where it adjoins a street, except for entrances and exits approved by the Superintendent of Highways as to safety, convenience and adequacy. The layout and planting of such strip shall be subject to the approval of the Building Inspector as to adequacy of shrubbery and permanence of cover. Where site-plan approval is required from the Planning Board and where a permanent buffer area of 100 feet or more in width is provided, said Board may permit a waiver or other modification of the landscaping requirement, provided that it finds that, due to the size of the buffer area, the nature of the topography and/or the extent of existing vegetation, adequate screening will be achieved without it.
[Amended 3-9-1978]
C. 
Except for parking spaces accessory to a one-family residence or parking spaces located in a parking garage, all off-street parking and loading areas subject to site plan approval by the Planning Board shall include at least one shade tree of not less than four inches caliper for each six parking spaces. This is in addition to ground cover, shrubs and hedges which are to be provided in appropriate locations where they will not interfere with safe sight distance for pedestrian or vehicular circulation. All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use being served. Any plants not so maintained shall be replaced with healthy new plants of comparable size, type and quality at the beginning of the next immediately following growing season. Raised planting islands shall be constructed to guide vehicular movement to separate adjacent rows of parking spaces, to prevent the diagonal movement of vehicles, to alleviate the visual impact of large expanses of paved areas and to otherwise improve traffic and pedestrian safety. Such landscaped islands shall be located at the ends of each parking bay containing six or more spaces and separating adjacent rows of parking spaces as required by the Planning Board. The minimum width of landscaped islands shall be six feet where located at the ends of parking bays and eight feet where separating adjacent rows of parking spaces or adjacent to circulation aisles. Wider islands shall be provided where pedestrian circulation needs must also be served, in which case the width usable for pedestrian circulation shall be at least four feet. Curbs of such planting islands shall be designed to facilitate surface drainage and to prevent vehicles from overhanging pedestrian walks or damaging landscape materials. Where curbs are kept to a maximum height of six inches, 1 1/2 feet of the parking space shall be allowed to overhang an island. Such bumper overhang area shall be considered a part of the parking space and shall not be counted toward meeting minimum yard setbacks or buffer area requirements.[1]
[Added 3-9-1978; amended 8-8-1996 by L.L. No. 16-1996]
[1]
Editor's Note: Former Subsection D, regarding the slope and marking of parking spaces, added 3-9-1978, which immediately followed this subsection, was repealed 9-14-2006 by L.L. No. 8-2006.
On any corner lot, between the corner intersection of the street lines and a diagonal line connecting the points on said street 30 feet distant from said intersection, no fence, wall, structure, planting or other obstruction shall be erected, placed or permitted to grow in such a way as to appear above a sight plane with its height determined by points three feet above the established center-line grades of the intersecting streets.
[Amended 3-9-1978; 2-9-1984; 8-8-1996 by L.L. No. 16-1996; 9-14-2006 by L.L. No. 8-2006]
A. 
Unless specifically provided for elsewhere in this chapter, each parking unit (PU) shall be a nearly level area not less than nine feet wide and 18 feet long, exclusive of access and turning areas, which together with such access drives and aisles shall be paved or gravelled. Exceptions to this design requirement are permitted as follows:
(1) 
The parking units required for a one-family dwelling may be a gravelled area in a side or rear yard or may be in an accessory garage, carport or a paved or gravelled driveway not less than eight feet nor more than 30 feet in width or a combination thereof, but may not otherwise encroach upon a required front yard.
(2) 
Parking units designated for use by employees only may be permitted by the Planning Board to be only eight feet six inches in width.
(3) 
Compact car parking units, each not less than eight feet wide and 16 feet long, may be permitted subject to the following special requirements:
(a) 
The land use to which the parking units are assigned requires 50 or more off-street parking units.
(b) 
No more than 33% of the total off-street parking units required for each use by § 170-40 shall be designated for compact cars.
(c) 
Compact car parking units shall be appropriately signed.
(d) 
Compact car parking units shall be established only after site plan review by the Planning Board.
(e) 
Compact car parking units which are also designated for use by employees only may be permitted by the Planning Board to be only seven feet nine inches in width.
B. 
Irrespective of the number of vehicles accommodated in common or individual garages accessory to any structure, other than a one-family dwelling in any district or an office building in an Office Business OB-100 District or Corporate Research/Office CRO District, all required additional units as set forth in § 170-40 shall be in the open and located as specified herein.
C. 
Except for parking spaces accessory to a single-family residence, the maximum slope within a parking area shall be no greater than 5%. All parking spaces shall be separated by double painted lines as illustrated on Figure 1: Typical Parking Space Details.[1]
[Amended 8-8-1996 by L.L. No. 16-1996]
[1]
Editor's Note: Figure 1: Typical Parking Space Details, is on file in the office of the Town Clerk.
D. 
All parking spaces shall be designed at a ninety-degree angle with a twenty-four-foot wide two-way maneuvering aisle unless a different angle is permitted by the Planning Board based upon the unique size and/or shape of the parking facility. In those circumstances where the Planning Board does permit parking at an angle other than 90º, circulation in each maneuvering aisle shall be limited to one-way only. Figure 2: Sample Parking Layout - Angled Parking,[2] illustrates a typical parking layout. The following is a table of minimum parking space and maneuvering aisle dimensions:
Parking
Angle
(Degrees)
Parking
Space
Depth
to Wall
(feet)
Parking
Space
Depth to
Interlock
(feet)
Maneuver-
ing
Aisle Width
(feet)
Wall
to Wall
Double
Parking Bay
Dimension
(feet)
Interlock to
Interlock
Double
Parking Bay
Dimension
(feet)
90
18.0
18.0
24.0
60.0
60.0
75
19.5
18.5
21.0
60.0
58.0
60
20.0
17.75
17.5
57.5
53.0
45
19.0
15.75
15.0
53.0
46.5
[2]
Editor's Note: Figure 2: Sample Parking Layout - Angled Parking, is on file in the office of the Town Clerk.
E. 
Vehicular access. For reasons of fire protection, on-site and off-site vehicular and pedestrian traffic safety, as well as to provide for possible future road widening or other improvements, all new vehicular access driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations, § A174-29 and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special exception use permit in the Town of Somers zoning code or site development plan approval by the Planning Board, in accordance with Article IV of Chapters 144 and 150.
(1) 
Driveway grades.
(a) 
Single-family residences. The maximum grade for any new driveway for a single-family dwelling shall be 12%, except that where it can be demonstrated to the satisfaction of the approving authority to be necessary because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided the increase in driveway grade is the minimum increase necessary, and further provided that in no case shall such driveway grade be permitted to exceed 14%.
(b) 
No driveway platform serving a single-family dwelling shall have a grade in excess of 4% within 35 feet of the center line of the traveled way of the street or within 10 feet of the right-of-way line of the street, whichever distance is greater.
(c) 
No driveway platform serving a single-family dwelling shall have a grade in excess of 5% nor less than 2% within 20 feet of the garage doors.
(d) 
All other uses. The maximum grade for new driveways for uses other than single-family dwellings shall not exceed 6%, except that the approving authority shall have the same power to permit increased grades here as in § 170-36E(1)(a) above, provided that such grades in no case exceed 8%.
(e) 
No driveway platform serving a use other than a single-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled way of the street or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may approve decreased platform areas of this type in situations where, because of the nature of the proposed use, substantially light traffic volumes are anticipated.
(f) 
All driveways shall be graded to prevent ponding.
(2) 
Driveway alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of the driveway, as required by § 170-36E(1)(b)and (e) above, shall be aligned at approximately right angles to the street. Access to all off-street parking and loading facilities serving multifamily and nonresidence uses shall be not less than 24 feet in width and shall be connected to the street with a curb radius of not less than 15 feet.
(3) 
Sight distance. Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway.
(4) 
New driveways may be constructed no closer than five feet to the side lot line and shall not encroach beyond the perpendicular side lot line projection in the ROW.
(5) 
Driveways and access roads shall be so designed so as to provide Fire Department apparatus access to within a distance of 75 feet or less of the structure that may be called upon to be protected, and such driveways and access roads shall be designed so as to meet the following requirements:
(a) 
Driveways under 500 feet long shall have a minimum width of 10 feet; driveways over 500 feet long shall have a minimum width of 12 feet and, in addition, shall have a fifty-foot by twelve-foot pull-off every 500 feet to accommodate a forty-foot long piece of fire-fighting apparatus.
(b) 
The driveways shall have and maintain an overhead clearance of 15 feet, free of any obstructions such as tree branches, personal light poles, utility wires, etc.
(c) 
The driveway base shall be sufficient to support a thirty-ton fire-fighting apparatus.
(d) 
No turns shall be of such a degree as to prevent access of Fire Department apparatus.
Each loading unit (LU) shall be a nearly level area not less than 10 feet wide, 45 feet long and 14 feet in clear height, within the principal structure or within a side yard or within one of two or more access drives to a required parking area or within a single-access drive having a width of at least 25 feet.
Provision of the number of basic units specified in § 170-40 shall be presumptive fulfillment of the minimum requirements. However, on application by the Building Inspector and after notice and hearing as provided in Article XIX, if the Board of Appeals in a particular case shall find that the specified number of parking or loading units is inadequate to meet the minimum requirements, the Board shall determine the number of additional units required to comply with the standards set forth in § 170-33. Conversely, on application by the owner or lessee and after due notice and hearing, if the Board of Appeals in a particular case shall find that the specified number of parking or loading units is in excess of the number required to comply with § 170-33, the Board may, subject to such conditions as it may impose and for such period as it may determine, waive provision of the number of units found to be in excess of those required by § 170-40. With respect to any use not specifically provided for in § 170-40, the Board of Appeals shall determine the number of off-street parking and loading units which will bear a reasonable relation to the minimum requirements for the uses specifically set forth in this section and shall require that such number of units be provided.
Where by reason of difficult topography or abnormal shape of a lot, strict compliance with the minimum off-street parking requirements specified in this chapter or in particular cases found to be necessary and so ordered by the Board of Appeals, cannot be attained on such lot, the Board of Appeals, after notice and hearing, may permit the substitution therefor of equivalent off-street parking space on another lot in the same ownership and entrance to which is not over 300 feet by normal pedestrian travel from the building or use to which such off-street parking space is appurtenant. If such alternate off-street parking space is authorized, it shall not be used for any other purpose unless other alternative space complying with this section is substituted therefor and approved by the Board of Appeals.
Required off-street parking units and loading units shall be as follows:
A. 
One-family residence districts.
[Amended 7-7-2011 by L.L. No. 3-2011]
Kind of Use
Required
Parking
Units
(PU)
Required
Loading
Units
(LU)
One-family dwelling (basic)
2
Each 2 lodgers or boarders (additional)
1
Each home occupation (additional)
1
Each professional person maintaining office hours for consultation (additional)
2
Place of worship, parish house or religious school, for each 5 seats (basic)
1
Rectory, parsonage or religious office (basic)
2
Hospital, nursing home or home for the aged (basic)
1
Each 3 beds (basic)
1
Each member of medical or nursing staff (additional)
1
Each 2 service employees (additional)
1
Golf or country club
Each 3 members (basic)
1
Each 2 employees (additional)
1
Other clubs, each 5 members or each 5 permanent seats or 200 square feet of floor area, whichever unit of measure is most appropriate to the customary use thereof as determined by the Board of Appeals (basic)
1
Auditorium, stadium or other place of occasional assembly, for each 5 seats (basic)
1
Schools and other public buildings:
For each 5 auditorium seats (basic)
1
Each 2 employees (additional)
1
Nursery school, each 5 seats (basic)
1
Each special permit use
As provided
in Article XII
B. 
Business Historic Preservation B-HP, Neighborhood Shopping NS, Community Shopping CS, Planned Hamlet PH, and Office and Light Industry Districts.
[Amended 8-8-1996 by L.L. No. 16-1996; 12-19-2003 by L.L. No. 12-2003; 7-7-2011 by L.L. No. 3-2011]
Kind of Use
Required
Parking Units
(PU)
Required
Loading
Units
(LU)
Art galleries and museums
Each 300 square feet
1
Bank
Each teller station
5
Each 200 square feet of gross floor area (whichever is greater)
1
Bed-and-breakfast establishment (basic)
1
Each guest sleeping room (additional)
1
Each nonresident employee (additional)
1
Each 2 seats or 75 square feet of gross floor area in dining area that are available to nonregistered guests, whichever is greater (additional)
1
Child/adult day-care facility
Each 1,000 square feet of gross floor area; and
1
Each employee
1
Commercial nursery or greenhouse, each 1,000 square feet of area devoted to commercial nursery or greenhouse use
Congregate care facility
As provided in § 170-66
Convenience store
Each 200 square feet of gross floor area
1
First 10,000 square feet of gross floor area or major fraction thereof (basic)
1
Gasoline station
10
Gasoline filling operation, each 200 square feet of gross floor area of associated convenience store/retail store
1
Health and fitness center, each 50 square feet of gross floor area
1
Medical, dental and veterinary office, each 150 square feet of gross floor area
1
Office space:
Each 250 square feet of gross floor area
1
First 10,000 square feet of gross floor area or major fraction thereof (basic)
1
Each additional 100,000 square feet of gross floor area or major fraction thereof
1
Personal service establishment
Each 200 square feet of gross floor area
1
First 10,000 square feet of gross floor area or major fraction thereof (basic)
1
Next 25,000 square feet of gross floor area or major fraction thereof
1
Each additional 50,000 square feet of gross floor area or major fraction thereof
1
Restaurant
Each 2 seats or each 75 square feet of gross floor area (whichever is greater)
1
Retail store
Each 200 square feet of gross floor area
1
First 10,000 square feet of gross floor area or major fraction thereof (basic)
1
Next 25,000 square feet of gross floor area or major fraction thereof
1
Each additional 50,000 square feet of gross floor area or major fraction thereof
1
Theater or motion-picture theater, each 3 seats
1
Undertaking establishment
1
Each 50 square feet of assembly room area or each 4 chapel seats (whichever is greater)
1
Permitted residential uses
As provided in §§ 170-12D(5) and 170-40A of this chapter
Other uses not listed
Off-street parking requirements for types of uses that do not fall within the categories listed above shall be determined by the Town Board, after recommendation by the Planning Board, and adopted as an amendment to this § 170-40.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, which dealt with required parking and loading units for general business districts, was repealed 8-8-1996 by L.L. No. 16-1996.
D. 
All special exception uses. For each special exception use: as provided in §§ 170-83 to 170-92 inclusive.
E. 
Office Business OB-100 Districts and Corporate Research/Office CRO Districts.
[Added 3-9-1978; amended 3-30-1982]
Kind of Use
Required
Parking Units
(PU)
Required
Loading Units
(LU)
For each use permitted in a Residence R-80 District
As therein specified
Office space, whichever requirement is the greater:
For each 350 square feet of gross floor area; or
1
For each employee on the site at any one time
0.9
Office space, for the first 25,000 square feet of gross floor area, plus each additional 150,000 square feet or major portion thereof
1
[Added 3-9-1978]
Where the Planning Board determines, as a part of the site plan review process, that probable variations in the times of peak usage of parking and loading spaces serving different types of land uses or that the nature of a particular land use is such that the number of off-street parking or loading units required by this chapter may be excessive, said Board may allow a reduction in the number of spaces initially improved, subject to such conditions as said Board may deem necessary to assure the future improvement of such spaces at any time the Board may determine that they are necessary.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located or is to be moved.
Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building for which a permit was duly issued and on which actual construction was lawfully begun prior to the adoption of this chapter and upon which building actual construction has been diligently carried on. "Actual construction" is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, except that, where a basement or cellar is being excavated, such excavation shall be deemed to be actual construction, or, where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction, provided that actual construction work shall be diligently carried on, and the building completed within 18 months from the time this chapter becomes effective. Similarly, whenever a district shall be changed hereafter, the provisions of this section with regard to previously issued building permits shall apply to building permits issued for construction in such changed district prior to the time the amendment effecting such change becomes effective.
No lot shall be so reduced in area as to make any yard or court smaller than the minimum required under this chapter.
[Amended 4-25-1965]
No part of a yard, court or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other open space required under this chapter for another building or structure except as may be approved as provided in § 170-20.
Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the provisions of this chapter with respect to the existing building, and no permit shall be granted for the erection of a new building or structure upon the new lot thus formed unless it complies with all the provisions of this chapter.
A. 
Towers, gables, penthouses, scenery lofts, cupolas, water tanks, similar structures and necessary mechanical appurtenances may be erected on a building to a height greater than the limit established for the district in which the building is located, provided that they are not used for sleeping or housekeeping purposes or for any commercial purposes other than such as may be incident to the permitted use of the principal building and that the total area of any such exceptions cover at any level not more than 25% of the area of the roof on which they are located.
B. 
The height limitations of this chapter shall not apply to chimneys, church spires, standpipes or water towers, flagpoles, monuments, transmission towers and cables or radio or television antennas or towers.
C. 
In any district, public buildings, buildings for religious worship, parish houses, buildings for religious education, hospitals and other institutional uses permitted in such district may be erected to a greater height than permitted in Column 16 of the Schedule,[1] provided that the front, rear and side yards shall each be increased one foot for each one foot by which such building exceeds the height limit therein established for such district.
[1]
Editor's Note: The Schedule is included at the end of this chapter.
D. 
In an Office Business OB-100 District, buildings may be erected to a height up to 10 feet and one story greater than the limit established in Article VIII of this chapter, provided that the minimum required setbacks for such structures from adjoining streets and property lines shall be increased by 10 feet for each one foot by which the building height is increased.
[Added 3-9-1978]
[Amended 4-29-1965]
A. 
The depth of a required front yard in any residence district shall be whichever is the least of the following:
(1) 
The number of feet specified in Column 8 of the Schedule.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
(2) 
The average depth of the front yards of the dwellings on adjoining lots on each side.
(3) 
If there be no such adjoining dwellings on each side, the average depth of the front yards of the four nearest dwellings on the same side of the street.
B. 
In the case of subdivision or site plats approved by the Planning Board subsequent to the adoption of this chapter, where by reason of difficulties of topography, the achievement of a reasonable pattern and grade of streets has necessitated the inclusion of some lots lacking the required width at front of building at the normal setback line and such lot plan has been accepted by the Planning Board and so noted on the plat, such lots for the purpose of this chapter shall be deemed to be conforming with respect to the requirements of width of lot at front of building, provided that:
(1) 
The area of each such lot is 10% in excess of the minimum required lot area.
(2) 
Such lots do not exceed in number 5% of all the lots in such approved subdivision.
(3) 
The boundaries of such lots are exactly as shown on the approved subdivision plat.
[Added 4-29-1965]
Except as limited by § 170-35, the yard requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall. In no case shall a fence or wall exceed six feet in height.[1]
[1]
Editor's Note: Former § 170-49.1, Clear cutting, added 10-11-1990 by L.L. No. 3-1990, as amended, which immediately followed this section, was repealed 10-17-2002 by L.L. No. 8-2002. See now Ch. 156, Tree Preservation.
Sidewalk crossings or driveway entrances for whatever purpose shall be subject to the approval of the Superintendent of Highways except where such approval is specifically vested in the Planning Board.
Inner and outer courts at any level shall be as wide as the height of any vertical wall forming part of such court above the sills of the lowest windows served by it and not less than 20 feet in any case.
[Amended 11-10-1959]
Any parcel of land with an area or a width less than that prescribed for a lot in the district in which such lot is situated, which parcel was under one ownership at the time of the adoption of this chapter, when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district without obtaining a variance from the Board of Appeals, provided that all other regulations prescribed for the district by this chapter shall be complied with, except that the sizes of side and rear yards may be reduced not more than proportionately to the substandard width or depth of the lot.
If any accessory building is attached to the principal building, except by a breezeway or roofed passageway with open or latticed sides 10 feet or more in length, it shall comply in all respects with the requirements of this chapter applicable to the principal building.[1]
[1]
Editor's Note: Original Section 68.04, which immediately followed this section, was repealed 4-29-1965.
Where the natural slope of the ground exceeds a slope of one foot in seven feet directly from the street line, an accessory private garage may be not less than 10 feet from the street line, and, where such slope directly from the street line exceeds a slope of one foot in four feet, such accessory private garage may be not less than five feet from the street line.[1]
[1]
Editor's Note: Original Section 68.06, which immediately followed this section, was repealed 4-29-1965.
[Amended 12-19-2003 by L.L. No. 12-2003]
An unenclosed porch or portico, one story or more in height, shall be considered part of the building to which it is attached or in connection with which it is used or erected in determining yards sizes and percentages of occupancy of the lot.
No rear dwelling shall be permitted in any Residence R-10 district except for a legal accessory use, whether such rear dwelling is proposed as a new structure behind an existing one or is created by the erection of a new structure in front of an existing dwelling.
No automobile trailer designed to be used for human habitation shall be stored or parked in any district, except that such trailer may be stored or parked inside a public or private garage or automobile salesroom. No automobile trailer may be occupied for living or sleeping purposes, nor shall it be used as an accessory use or building under the terms of this chapter.
[Added 3-14-1972]
The storage of two or more inoperable or unlicensed vehicles in any residential district shall constitute a presumption that the premises are being operated as a junkyard in violation of this chapter.