Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
A. 
Off-street parking requirements. Off-street parking spaces, open or enclosed, are permitted as accessory to any use subject to the following provisions:
(1) 
Parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified herein. 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.
(2) 
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include a private garage, carport, or other area available for parking, other than a street. A driveway within a required front yard for a one-family or two-family residence may be used to meet the off-street parking requirements, other than on the portion of a corner lot which is subject to the provisions of § 310-4.1B.
(3) 
Size of spaces. Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. Minimum parking stall width shall be nine feet, minimum length shall be 20 feet, and a clear backup space of 24 feet shall be provided. Where parking is arranged back to back, each parking space may share a common backup space.
(4) 
Access. Unobstructed access to and from a street with internal turn-around area shall be provided. Such access shall consist of at least one fifteen-foot lane for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall be located within 75 feet of any street intersection; nor exceed a grade in excess of 5% within 25 feet of any street line.
(5) 
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 on their own individual lot. The maximum slope of a parking area shall not exceed 5%, nor be less than 1/2 of a percent. The regulation of a minimum of 1/2 of a percent may be eliminated if proper drainage can be designed and approved by a licensed engineer.
(6) 
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 not be less than the total required for all such establishments and the establishments are on adjoining lots.
(7) 
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, but in no case below the least requirement.
(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 or elsewhere, provided all spaces therein are located within 300 feet walking distance of such lot. In all cases, such 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 are permitted in such residential district. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, 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. The Town Board, on application, may permit parking space in a public parking facility to be computed in meeting parking requirements, subject to the payment of a fee for each public parking space to be used to meet the parking requirements as such fee may be established by the Town Board.
(9) 
Parking on separate lot. Where off-street parking is located on a separate lot than occupied by the principal use, site plan approval for both is required.
(10) 
On lots divided by district boundaries. When 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 residential district, unless the use to which they are accessory is permitted in such district or upon approval by the Planning Board.
(11) 
Prohibited use. The use of any required parking space for the storage of any motor vehicle for sale, or for any other purpose than the parking of motor vehicles, is prohibited.
B. 
Off-street loading berths. Open or enclosed are permitted subject to the following:
(1) 
Loading requirements. Accessory off-street loading berths shall be provided for any use specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements. Reasonable and appropriate off-street loading requirements for structures and uses which do not fall within the categories listed herein shall be determined by the Planning Board upon consideration of all factors entering into the loading needs of each such use.
(2) 
Size of spaces. Each required loading berth shall be at least 12 feet wide, 60 feet long, and 14 feet high, except that the Planning Board may modify these requirements in particular cases upon consideration of all factors.
(3) 
Location and access. Unobstructed access, at least 10 feet wide, 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 parking area shall be located within 75 feet of any street.
(4) 
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.
(5) 
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 residential district, unless the use to which they are accessory is permitted in such district, subject to the approval of the Planning Board.
C. 
Parking regulations in multiple residences or attached dwelling developments. Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in a front yard or within 10 feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of a two-or-more-family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space. Parking areas shall be screened by a substantial wall, fence, or thick hedge, approved by the Planning Board. Generally, such screening shall not be less than three or more than eight feet in height. No parking areas in multiple-residence developments shall be used for storage of partially dismantled vehicles and no servicing of any kind which creates disturbing noise or fumes, or the discharge of oil or pollutants into the drainage system of such lot shall be permitted.
D. 
Driveways shall be set back a minimum of five feet from all property lines.
E. 
Commercial vehicles.
(1) 
One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in R-1 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) 
Parking of commercial farm vehicles is permitted as accessory to a commercial farm use in any residential district.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Trailers and boats.
(1) 
The storage or parking and use of a trailer, recreational vehicle or boat by any person or persons are hereby prohibited in all districts, except that:
(a) 
Two unoccupied trailers or recreational vehicles and two boats, but no more than three total, may be stored, but not occupied on an improved lot in any residential district (except the HR-1 Residence District), provided that said trailers, recreational vehicles or boats are not stored within any required yard.
(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 habitable trailer for a period not to exceed 12 months. Said temporary permit may be extended for one additional period of 12 months if the Code Enforcement Officer finds that construction has been diligently pursued and that justifiable circumstances require such an extension. 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. Prior to the issuance of such a temporary permit by the Code Enforcement Officer, the location of said trailer on the lot shall be subject to approval by the Code Enforcement Officer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
In the HR-1 Residence District, not more than one boat or trailer per dwelling unit may be stored on an occupied lot, provided that such boat or trailer is not stored within any required yard, nor between the street line and the principal building.
G. 
Minimum off-street parking spaces in all districts. Off street parking requirements shall be as follows:[3]
Table 7
Off-Street Parking Requirements
Use
Parking Spaces Required
Agricultural uses
As determined by Planning Board
Amusement facilities
1 space per 5 customers, plus 1 space for each 2 employees
Auditoriums/theaters/public assembly
1 parking space for every 3 seats
Auto repair/gasoline service station
1 space per 300 square feet of floor area, plus one per service bay
Automobile sales
1 space per 1,000 square feet of utilized site area
Banks
1 space per 300 square feet of floor area
Bed-and-breakfast establishment
2 spaces for primary dwelling unit, plus 1 for every guest room
Boat docks/boat ramps
1 space for each 5 members
Bus stops/taxi stands/trans. terminals
1 space per 100 square feet of waiting room space
Car wash
2 stacking spaces per washing bay, plus 1 drying space per washing bay
Convenience store
1 space per 250 square feet floor area
Dormitory
1 per every 2 dormitory rooms, plus one for resident manager
Dwelling unit (single-family)
2 parking spaces per dwelling unit
Dwelling unit (multifamily)
2 per dwelling unit, plus 1/2 space per unit for guests
Dwelling, townhouse
2 per dwelling unit, plus 1/2 space per unit for guests
Farm stands
1 per 250 square feet of retail floor area
Golf courses/clubs
10 parking spaces for each tee
Greenhouses/nurseries
1 space for each 300 square feet of retail sales area
House of worship
1 space for every 4 seats
Home occupation
2 spaces in addition to dwelling unit requirements[4]
Home professional office
2 parking spaces, plus 1 space for every 250 square feet of office
Hotel, motel
1 space per rental unit, plus 1 space for each 2 employees
Industrial/manufacturing/laboratories
1 space for each 400 square feet of floor area
Libraries/museums/galleries
1 space per employee, plus 1 space per 1,000 square feet building
Marinas/clubhouse
1 space for every 3 seats
Medical/dental offices
3 spaces per doctor or dentist, plus 1 for each 2 employees
Outdoor recreation
1 space for each 3 persons of capacity
Personal service shops
1 per 200 square feet of floor area
Places of public assembly
1 space per 5 seats
Professional offices
1 space for each 300 square feet of office space
Restaurants/drinking establishments
1 space for every 4 seats
Restaurant, takeout
1 space per employee and 1 per 250 square feet retail area
Retail sales
1 space per 250 square feet of floor area
School, public or private
1 per teacher, employee, and classroom, plus loading areas
Self-service laundries
1 space per 2 washing machines
Self-storage facility
1 space per 20 rental units, plus 2 for office
Nonprofit organizations
1 space for each 3 persons of capacity use
Unspecified uses
As defined by the National Parking Association or ULI
Theaters
1 space for every 3 seats
Vacation campgrounds
1 space per campsite, plus 1 space per employee
Veterinary hospital
1 space for each 5 cages, plus 1 space per employee
Wholesale warehouse
1 space for 1,000 square feet of floor area
Parking for persons with disabilities: Any person, firm or corporation owning a shopping center or facility with at least five separate retail stores and at least 20 off-street parking spaces which are provided for use by the public must designate as only for the handicapped and clearly mark for use by the handicapped a minimum of 5% of such parking spaces or 10 such spaces, whichever is less. These spaces must be located as close as reasonably practicable to the business and reasonably distributed so as to provide convenient access for use by handicapped drivers.
Note: Where calculation in accordance with the foregoing list results in requiring a fractional space, any fraction less than 1/2 shall be dropped and any fraction 1/2 or more shall require one space. Where circumstances require, the Planning Board may modify the parking requirements provided in this section.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Note: Planning Board shall have the discretion to allow one space if a hardship exists (e.g., topography or type of home occupation).
Within the MX Mixed-Use District, off-street parking shall only be permitted in the rear yard. Where feasible, access to off-street loading should be provided from designated alleys that are at least 15 feet in width. Applicants can meet their off-street parking requirements in one or more of the following manners:
A. 
Spaces located on-site, or
B. 
An exemption or waiver in accordance with § 310-8.3.
Existing buildings and uses are exempt from the provisions of this article, and it shall not apply to:
A. 
Any building or structure or lot lawfully in use at the effective date of this chapter, whether continued as a permitted or legal nonconforming use or thereafter converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements.
B. 
Where a use is located within 500 feet walking distance of the entrance to one or more municipal parking facilities, the Planning Board may waive the required parking for such use in whole or in part. Such waiver shall not be made unless the Planning Board shall find that capacity sufficient to accommodate the additional demand exists at the facility or facilities or will be provided prior to the proposed use being put into operation.
C. 
Upon the establishment of a Municipal Parking Fund by the Town Board, the Planning Board may require that a monetary contribution be paid into said fund in lieu of provision of parking which would otherwise be required on site. In making the determination, the Town Board shall find that the parking requirement for the particular use cannot reasonably be satisfied either on site or by utilization of a nearby municipal parking facility. The amount of such payment shall be on a per-space basis; such space figure shall be established by the Town Board and may be amended periodically.
A. 
The Planning Board, at its discretion, may require a traffic impact study by an independent engineer with any special use/site plan application involving an activity likely to generate more than 500 trip-ends per day based on the following daily rates:
Table 8
Trip Generation
Car wash
108.0 trip-ends per car stall
Convenience market
605.6 trip-ends per 1,000 square feet gross floor area
Industrial uses
3.3 trip-ends per employee
Institutional uses
4.0 trip-ends per employee
Fast-food restaurant
23.9 trip-ends per seat
Offices
6.0 trip-end per employee
Other commercial uses
50.0 trip-ends per 1,000 square feet gross floor area
Residential uses
9.6 trip-ends per dwelling unit
Restaurants
7.9 trip-ends per seat
Supermarket
177.6 trip-ends per 1,000 square feet gross floor area
Other uses
See Trip Generation, Institute of Transportation Engineers
B. 
The study shall examine existing and projected traffic flows before and after development and generally follow the guidelines set forth for such studies by the Institute of Transportation Engineers. Its purpose shall be to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access to the site from the network. It shall identify solutions to potential problems and any improvements needed. The scope of the study shall be approved in advance by the Planning Board with the final product incorporated in the SEQRA submission. This requirement shall apply in the case of state or county, as well as Town roads.
All parking areas which are designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control. The following are guideline standards the Planning Board may apply:
A. 
A hedge consisting of shrubs that are two feet in height shall be planted three feet on center between the off-street parking area and the public right-of-way. Shrubs shall be planted a minimum of two feet off the back of curbs or from the edge of the off-street parking area.
B. 
No more than 12 parking spaces should be allowed in a continuous row uninterrupted by landscaping.
C. 
All landscaping within the parking lot shall be located within a landscape island. The island shall be delineated from the surrounding paved area by a curb or barrier of not less than six inches in height around the perimeter of the island. The curb or barrier shall be constructed of masonry, concrete, asphalt or heavy timber. Each island shall be located entirely within the confines of the parking and maneuvering area.
D. 
All landscape islands shall be landscaped with shrubbery, flowering plants, mulch and at least two trees that are at least 2 1/2 inch caliper at breast height.
E. 
All parking lots with greater than 12 spaces must be at least 5% landscaped. This percentage counts toward the overall landscape requirement for the lot.
[Amended 5-11-2010 by L.L. No. 7-2010]
F. 
All tree plantings and plantings screens required by this chapter shall be installed prior to occupancy or commencement of use. Where this compliance is not possible because of time of year, the Planning Board may grant an appropriate delay provided a security bond is posted.