A.
For every building hereafter erected, altered and
extended or changed in use, there shall be provided off-street parking
and loading spaces at least as set forth in this article.
B.
No use or structure fully in conformance with these
requirements on the date of enactment of this chapter may reduce the
amount of parking below the levels required.
C.
Existing uses or structures not conforming to the
parking schedule may continue; provided, however, that any modification
causing an increase in use of floor area, with or without structural
modification, shall require the provision of parking and loading for
only that net additional floor area.
D.
For purposes of interpretation, the determination of a change in use shall be based upon the uses enumerated in § 190-43 of this article. If such a change in use results in a greater required number of parking and loading spaces than what is present for an existing structure, then only the net increase in parking and loading shall be required. However, any off-site parking spaces associated with an existing use may not be automatically transferred to a new use unless approved pursuant to the requirements of this article.
E.
An unspecified use shall have the same parking ratio
as the most closely similar use which is included in the schedule
as determined by the Planning Board.
The ratios listed below for each use are based
upon the square footage of a structure's floor area, as defined herein.
In calculating the required number of spaces, all fractional results
shall be rounded to the next highest whole number. Site plan approval
shall be reviewed by the Planning Board.
A.
Residential uses:
(1)
One-family and two-family dwelling units: at least
two spaces and no more than four spaces for every dwelling unit.
(2)
Multiple-family dwelling units: at least 1.5 parking
spaces for every dwelling unit.
(3)
Professional residence-offices: one parking space
for each nonresident employee, plus one additional parking space for
every 200 square feet of office space.
B.
Nonresidential uses:
(1)
Commercial residences: one space per employee, plus
one space for every guest room.
(2)
Religious facilities: one space for every four seats
in the main worship unit or one space per four persons to be accommodated.
(3)
Community centers: one space per four persons to be
accommodated. Meeting/community rooms and reception halls and banquet
facilities shall be included herewith.
(4)
Schools: five administrative spaces, plus for preschools,
elementary and middle/junior high schools, two spaces per classroom;
for high schools five spaces per classroom.
(5)
Day-care facilities: one space for each employee,
plus one space for each five children.
(6)
Business, professional and medical offices: one parking
space, plus one space for every 200 square feet of floor area.
(7)
General commercial and retail businesses: one parking
space for every motor vehicle used directly in the business, plus
one space for every 120 square feet of floor area.
(8)
Restaurants: one for every four seats or one space
for every 100 square feet of customer floor area, whichever is greater.
(9)
Package-food restaurants or restaurants with drive-through
service: one parking space for every four seats, plus five spaces
if the customer floor area is less than 500 square feet or 10 spaces
if the customer floor area is 500 or more square feet.
(10)
Industrial and wholesale businesses: one space
for every motor vehicle used directly in the business, plus either
one space for every 300 feet of nonwarehouse floor area and one space
for every 900 square feet of warehouse floor area or one space for
every two employees on the premises at the maximum shift, whichever
is greater.
(11)
Outdoor recreation: as required by the Planning
Board, based on a consideration of proposed use and type of programming,
ages to be served and neighborhood orientation.
B.
Off-site parking. In its site plan review, the Planning Board may allow parking requirements to be met in accordance with the provisions of Subsection B(1) and B(2) below.
(1)
For multiple-family dwellings and for all nonresidential
uses, up to 100% of the required parking may be located off the lot
occupied by the use or structure, provided that the proposed off-site
parking area is:
(a)
Within the same or a less restrictive zone district
as the site of the use or structure it is to serve, and the use of
site as a parking area is compatible with and not detrimental to the
surrounding properties.
(b)
Within 300 feet of the property lines of the
principal site.
(c)
Dedicated in fee ownership by the occupant/owner
of the principal site, controlled by deed covenant or subject to a
long-term lease having a minimum period of 10 years.
(d)
Designed and maintained in compliance with the
parking design standards as specified in this article and any applicable
geometric controls of the zone district.
(e)
Provides a safe and convenient means of pedestrian
access to and from the principal use site, and the Planning Board
shall consider, but not be limited to, the evaluation of sidewalk
adequacy, street crossings and driveways in the likely pedestrian
path between the principal use site and the off-site parking location.
(2)
For nonresidential uses in the C-1 Zone District, up to 50% of the required parking may be located in on-street parking spaces, provided that such spaces are: [Refer to § 190-14L(4) for C-2.]
[Amended 10-18-1999 by L.L. No. 3-1999]
(a)
Within 200 feet of the front property line(s)
or within the same block of the site, whichever is closer. For purposes
of interpretation in determining the extent of the perimeter, a walking
distance (likely pedestrian path) measurement and not direct-line
measurement should be utilized. The same-block determination may extend
along intersecting side streets. Within this established area parking
may be located on both sides of a street, unless prohibited for access
considerations by the Planning Board, who then may extend the parking
perimeter up to an additional 100 feet in directions that do not require
pedestrian street crossings.
(b)
Demonstrated to be part of a sufficient supply of available on-street parking spaces within the area established in Subsection B(2)(a) above and that the number of parking spaces needed to supplement the required parking will not cause the undue displacement of vehicles associated with other uses.
(c)
Located with respect to the principal use so
that a safe and convenient means of pedestrian access is available,
including but not limited to the provision of sidewalks and street
crossings.
(d)
Located with respect to the travel lanes of
the road such that any increase in activity of on-street parking spaces
associated with the use will not interfere with the safe and efficient
flow of traffic.
(e)
Not to be used for loading spaces unless allowed
by § 190-36D for commercial vehicle storage or to supplement
employee/other long-term parking needs associated with a use.
(f)
Officially established and maintained by the
Village of Clyde.
C.
Shared parking. In its site plan review, the Planning
Board may allow up to 100% of required parking spaces for a nonresidential
use in any district to be shared with another nonresidential use and
contained within the same parking area, subject to the following:
(1)
On-site, two or more uses on the same lot.
(a)
The total number of required parking spaces
for at least one of the uses is fully provided on site.
(b)
A description of the nature of the uses proposed
to share the parking is provided and documents that the actual or
anticipated pattern of parking usage associated with each use do not
substantially conflict. Overlapping hours of usage is permissible,
provided that the peak demand hours for each use do not coincide.
(2)
Off-site:
(b)
If the proposed parking is the on-site parking
for another use, then it shall have the total number of parking spaces
required for the use occupying that site.
(c)
If the proposed parking is a parking lot, as
defined in this chapter, and it is already shared by one or more other
uses, then it must be demonstrated that there is an adequate supply
of parking spaces and that the patterns of usage of all uses do not
substantially conflict with each other.
D.
Findings necessary for off-site or shared parking.
In addition to the criteria listed above, the following must also
be shown: that the provision of the full amount of required parking
on site is not practical, interfering with the optimal development
of the site (such as causing elimination or reduction of buffers),
results in poor internal circulation or creates excessive drainage
to adjoining properties.
E.
Transfer of off-site parking rights (changes in use)
shall require site plan review by the Planning Board.
F.
Loss or discontinuance of off-site parking shall require
site plan review by the Planning Board.
A.
One- and two-family dwellings:
(1)
One- and two-family dwellings are exempt from all
paving, screening and buffering requirements applicable to parking
areas.
(2)
Within the yard area between the front of the residence
and the public right-of-way, all vehicles must park in the established
driveway. No vehicle may be parked on any landscaped portion of the
yard. Any damage done by vehicles on the landscaped area must be repaired.
[Amended 5-7-1998 by L.L. No. 2-1998]
(3)
The driveway may extend from the front edge of the
property through the front yard to the side or rear of the residence.
The maximum width of the driveway at the street line shall be 26 feet.
In no case may more than 50% of any front yard area be paved or used
for driveways and off-street parking. The remainder of such front
yard space shall be improved by lawn, trees, shrubs or other forms
of landscaping.
[Amended 7-20-2022 by L.L. No. 6-2022]
(4)
No more than 25% of a lot may be paved with impervious
material for the parking of vehicles.[1]
[Amended 7-20-2022 by L.L. No. 6-2022]
(5)
Residential
parking adjacent to the street edge and between the sidewalk and curb/gutter
shall be allowed only by permission of the Village Board contingent
upon the following:
[Added 7-20-2022 by L.L. No. 6-2022]
(a)
Adequate parking and standing space are neither available nor attainable
within the property lines of the parcel adjoining the sidewalk. However,
in no case shall a parking area be provided for a property that has
sufficient space for a driveway capable of accommodating four cars
for a single-family or eight cars for a two-family residence.
(b)
Adequate distance shall be available between the curb and sidewalk
to allow parking with no intrusion nor obstruction to clear passage
on either the street or sidewalk.
(c)
The residential parking area, used for parking or standing, shall
be installed and maintained by the owner of the parcel adjoining the
sidewalk, and the surface shall be of asphalt or concrete. Any public
utility component, sign or other infrastructure required to be removed
or relocated shall be done at the adjacent property owner's expense.
(d)
The maximum depth of the residential parking area from the street
edge shall not exceed 20 feet, and in no case shall the residential
parking area extend over a public sidewalk or gutter.
(e)
The maximum width of the combined residential parking area and a
driveway along the street shall not be more than 26 feet.
(6)
Extension
of width authorized. The Village Board may authorize by resolution
the extension of the maximum width of any driveway not more than 20
feet upon a showing that such extension is necessary for the preservation
and enjoyment of substantial property rights and that such extension
is not materially detrimental to the public welfare. Applications
for extensions shall be in writing, signed by the owner of the lot
affected or his or her agent duly authorized, and shall contain a
statement of the reasons for such extension, and shall be filed with
the Village Clerk, who shall present said application to the Board
at its next regular meeting for consideration. The Village Board shall
by resolution either grant or deny said application or may grant the
same upon such conditions as the Board deems just and reasonable,
which conditions shall be stated in the resolution.
[Added 7-20-2022 by L.L. No. 6-2022]
B.
Multiple-family dwellings and nonresidential uses:
(1)
Exemption. Parking facilities existing on the date
of enactment of this chapter shall be exempt from compliance with
these design standards unless a change of use has subsequently occurred
or the Code Enforcement Officer has determined an unsafe condition
exists and requires modifications to the parking.
(2)
Access and layout. The curb cut, driveway and parking
area shall be designed so that all vehicle movements to and from the
public right-of-way are in a forward direction. The layout of the
parking area must permit entering and exiting without moving vehicle(s)
parked in other spaces.
(3)
Entrances and exits. The location, number and width
of each curb cut providing access to and from a public road shall
be specified by the Planning Board, absent control by another jurisdiction.
Curb cuts shall not be located within 20 feet of the nearest curb
cut within the site itself or on any adjoining property; for properties
less than 60 feet in width, the distance does not apply.
(4)
Driveways. Each driveway leading from the curb cut
to the parking area shall have a suitable stacking area for the use,
and the paved, area, exclusive of parking spaces, shall be a minimum
of 10 feet in width for one-way traffic and 20 feet in width for two-way
traffic up to a maximum of 24 feet unless required to be larger or
smaller by another jurisdiction.
(5)
Location of parking. Parking spaces may not be located
in a required front yard or in required buffer areas.
(6)
Landscaping and snow storage.
(a)
Buffers. A landscaped buffer shall be installed and maintained on all sides where a parking area abuts adjoining properties or public right-of-way, except as provided in Subsection B(6)(e) below. It shall have a minimum width of five feet measured inward from the property line, unless required to be larger by transition or special permit requirements. Decorative materials, including but not limited to plants, shrubs, trees, stone, brick, etc., may be placed in the buffer to delineate the buffer from the parking pavement and to enhance the appearance of the site.
(b)
Front yard visibility. No front yard buffer,
including associated decorative materials, may exceed 2 1/2 feet
in height above the grade. Trees are allowed, provided that they are
trimmed to provide a seven-foot clearance to the lowest branches and
the trees are no closer than 10 feet to edge of a driveway and 10
feet to the front property line.
(c)
Screening devices. On each side that a parking area abuts or faces upon a residential use or a residentially zoned property, the view of that parking area from the residential property or properties shall be effectively screened with an opaque fence or a dense planting of evergreens. Such screening shall be maintained within the property boundary at a height of six feet in the rear and side yard areas. [Refer to § 190-14R(3) and (4) for C-2 areas.]
[Amended 10-18-1999 by L.L. No. 3-1999]
(d)
Snow storage. Each parking lot or area shall
provide for a system of snow removal and have sufficient on-site snow
storage. Buffer areas may be used to store snow; however, snow may
not be deposited in the front yard or in public right-of-way to a
point that impairs visibility. The Planning Board may require the
provision of additional snow storage areas.
(e)
Adjacent parking areas. Upon petition of adjoining
nonresidential property owners, the Planning Board may reduce or eliminate
a required side or rear yard buffer to interconnect adjacent parking
lots; provided, however, that such approval would not be detrimental
to the internal circulation of either parking lot and that adequate
provisions for snow storage are provided.
(7)
Surfacing. All off-street parking areas and driveways
shall be surfaced with an all-weather, dustless material and striped
to delineate parking spaces. Wheel stops shall be provided where necessary
to protect buffers, lighting standards, signs and other installations.
C.
Parking of commercial vehicles. Parking or storage
of commercial vehicles, as defined herein, shall be prohibited on
residential property within any district, except when:
[Added 4-19-2001 by L.L. No. 1-2001]
(1)
Such parking is for the customary delivery of goods
and services to the premises, for a time frame not longer than is
reasonably necessary.
(2)
The Village Planning Board has issued a special permit
allowing such use, in accordance with the following standards:
(a)
Maximum size and weight. No such vehicle may
exceed 26,000 pounds gross weight, nor more than 50 feet in length.
(b)
Parking area location. Parking areas shall be
suitable for such use, shall be at least 10 feet from any building
or property line, and shall not be between the sidewalk and curb or
on any landscaped portion of any yard. No parking area shall be constructed
above any underground structures such as septic systems, wells, or
buried fuel tanks.
(c)
Parking area design. Parking area shall be sufficient
to support the weight of the vehicle, and provide for ease of maintenance.
Parking areas shall be paved with concrete, asphalt, gravel, or other
suitable masonry material. Dirt drives shall be prohibited.
(d)
Screening of parking areas. Where appropriate,
parking areas shall be appropriately screened or otherwise shielded
from view. Such shielding may be in the form of plantings, berms,
fencing, or other effects.
(e)
Lights and noise. No running lights, headlights,
engine or machinery noise, or other objectionable effects shall be
permitted, except when necessary for safety purposes.
(f)
Duration of parking. Such parking shall be for
not longer than 72 hours in any seven-day period of time.
(g)
Disabled vehicles and equipment. Commercial
vehicles or related equipment which are broken down, disabled, wrecked,
junked, or otherwise physically or legally inoperable, or stored in
such a manner as to not be readily operable, shall be prohibited.
(h)
Restriction on use. No such vehicle shall be
used as sleeping, cooking or living space while parked on residential
property. Commercial vehicles and related equipment shall not be used
as permanent or temporary storage buildings, or for housing, nor for
any purpose for which the vehicle was not designed, nor as a form
of signage, except as expressly permitted elsewhere in this chapter.
(i)
Prohibition of certain cargoes. Except for customary
delivery purposes, the following types of cargoes shall be prohibited
to be stored on any residential property: flammable or combustible
liquids, gases or other materials; explosives; poisons, compressed
gases; materials posing an inhalation hazard; radioactive materials;
cryogenic materials; hot or burning materials; garbage; combustible
waste and refuse; uncovered, noncombustible scrap and junk; medical
waste, manure, septic sludge, live animals, hay, or other cargoes
with dangerous or objectionable characteristics.
A.
Loading schedule. In accordance with § 190-42, all commercial buildings shall provide on-site space for loading and unloading trucks and other delivery vehicles as set forth below. In calculating the required number of spaces, all fractional results shall be rounded to the nearest whole number.
B.
Loading space dimensions. Each loading space shall
be 12 feet in width by 40 feet in length with a clear height of 14
feet, unless otherwise specified by the Planning Board based on the
type and size of delivery vehicles anticipated.
C.
Location. All loading spaces shall be located in the
side or rear yard portions of a site and may not encroach into any
buffer area or require the use of adjoining land for maneuvering.
D.
On-street loading. The Planning Board may allow a
loading space to be established within the public right-of-way, provided
that it is found that the provision of an on-site loading space is
not practical and interferes with the optimal development of the site
or parking area; and, further, the use of the on-street loading space
is limited to hours of low parking demand or is located in space identified
by the Village of Clyde as a designated loading zone.
The Planning Board may require additional or
fewer off-street parking and loading spaces for any use if it finds
that, for a particular use, the required minimum spaces are not sufficient
or are excessive, provided that the safety and general welfare of
the public is not jeopardized and, furthermore, provided that such
modification should not exceed 50% of the required spaces.
