In all districts there shall be provided, at
the time any building or structure is erected, enlarged, increased
in capacity or changed in use, improved and usable off-street parking
spaces for motor vehicles in accordance with the requirements of this
section. Existing buildings or uses shall not be subject to the requirements
of this section, unless said building shall be enlarged or the use
of said building or land is changed. In such cases, off-street parking
facilities shall be provided as hereinafter specified for the building
as enlarged or to accommodate the needs of the new use.
A. Design requirements.
(1) All uses shall provide adequate off-street parking
for all vehicles parked during typical peak periods. Parking should
be designed to eliminate the need to back out or to park on the shoulder
of public roads.
(2) A parking space shall be not less than nine feet by
20 feet, exclusive of accessways and driveways. Single-family residences
need not exclude driveway area.
(3) Off-street parking areas with a capacity for more
than 20 vehicles shall delineate fire lanes and post "no parking"
markers.
(4) Any off-street parking area with at least 20 off-street
parking spaces shall designate a minimum of 5% of those spaces, up
to a maximum of 10 spaces, as only for the handicapped and clearly
mark them for such use. Parking spaces designated to serve handicapped
individuals shall be at least 14 feet in width and 20 feet in depth.
(5) All off-street parking spaces shall be deemed to be
required space on the lot on which it is situated and shall not be
encroached upon or reduced in any manner.
(6) All parking areas, passageways and driveways (except
where provided in connection with one- and two-family dwellings, or
farm residences and buildings) shall be adequately drained and surfaced
with a dustless, durable, all-weather surface, subject to approval
of the Town Highway Superintendent.
(7) Each off-street parking space shall be so designed,
maintained and regulated that no parking or maneuvering incidental
to parking shall be on any public street, walk or alley, and so that
any motor vehicle may be parked and unparked without moving or damaging
another.
(8) The collective provision of off-street parking areas
by two or more buildings or uses located on adjacent lots may be approved
by the Planning Board during site plan review, provided that the total
of such facilities shall not be less than the sum required of the
various buildings or uses computed separately.
(9) No driveway to an off-street parking area shall be
located closer than 50 feet to the intersection of any two streets
or within 20 feet of any side lot line, provided that sufficient distance
will always remain for all required radii for said driveway. The distance
from the driveway to the intersection shall be measured by extending
the curbline of the intersecting street until it intersects the curbline
of the driveway in question, extending such driveway curbline if necessary.
In addition, a minimum distance of 20 feet shall be maintained between
two driveways located on any one frontage.
(10)
Except where otherwise specified in this chapter,
off-street parking areas may be located in any yard space for nonresidential
uses but shall not be located closer than 30 feet to the right-of-way
line of all streets and no closer than 10 feet to any other property
line.
B. Location of off-street parking facilities. Off-street
parking facilities shall be located as hereinafter specified. Where
a distance is specified, such distance shall be walking distance measured
from the nearest point of the parking facility to the nearest public
entrance of the building that such facility is required to serve.
(1) For one- and two-family dwellings and for all types
of residential structures: on the same lot with the building they
are required to serve.
(2) For multiple-family dwellings: not more than 200 feet
from the building they are required to serve.
(3) For other uses: not more than 500 feet from the building
they are required to serve.
C. Screening and landscaping.
(1) Off-street parking areas for more than five vehicles
shall be effectively screened on the rear and side yards by a fence
of acceptable design, unpierced masonry wall, landscaped berm or compact
evergreen hedge. Such fence, wall or hedge shall not be less than
six feet in height and shall be maintained in good condition.
(2) Except where otherwise specified in this chapter, when a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area not less than 10 feet in depth shall be provided in addition to the fence or wall specified in Subsection
C(1) above. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and spaced not more than three feet apart.
D. Lighting.
(1) All off-street parking areas and appurtenant passageways
and driveways (excluding areas serving one- and two-family dwellings
and farm dwellings) shall be illuminated adequately during the hours
between sunset and sunrise when the use is in operation.
(2) Any lights used to illuminate an off-street parking
area shall be so arranged as to direct light away from all adjoining
property and public or private roadways.
E. Units of measurement.
(1) In churches and other places of assembly in which
patrons or spectators occupy benches, bleachers, pews or other similar
seating facilities, each 20 inches of such seating facilities shall
be counted as one seat for the purpose of determining requirements
for off-street parking facilities.
(2) When units of measurement determining the number of
required parking spaces result in the requirement of a fractional
space, any fraction of 0.25 or more shall require one parking space.
F. Mixed occupancies and uses not specified. In any case
of mixed uses, the total requirements for off-street parking facilities
shall be the sum of the requirements for the various uses computed
separately. In the case of a use not specifically mentioned in this
section, the requirements for off-street parking facilities shall
be determined by the Town Board. Off-street parking facilities for
one use shall not be considered as providing required parking facilities
for any other use, except as hereinafter specified for joint use.
G. Joint use. The off-street parking requirements of
two or more uses, structures or parcels of land may be satisfied by
the same parking or loading space used jointly to the extent that
it can be shown by the owners or operators of the uses, structures
or parcels that their operations and parking needs do not overlap
in point in time. If the uses, structures or parcels are under separate
ownership, the right to joint use of the parking space must be evidenced
by a deed, lease, contract or other appropriate written document to
establish the joint use.
H. Minimum parking standards:
(1) One parking space is required for every three seats
in a public meeting place.
(2) One parking space is required for each employee on
the maximum working shift in an industrial or light industrial establishment
and one parking space per 250 square feet of gross floor area in a
commercial establishment unless otherwise specified herein.
(3) One parking space is required for every 200 square
feet of gross floor area in business and professional offices.
(4) One parking space is required for every 100 square
feet of gross floor area in supermarkets and self-service food stores.
In order to encourage the sound development
of street frontage, the following special regulations shall apply
to all nonresidential buildings and uses:
A. Each separate use, grouping of attached buildings
or groupings of permitted uses shall not have more than two points
of access.
B. The use of common access points by two or more permitted
uses shall be encouraged by the Town Board in order to reduce the
number and closeness of access points along the streets and to encourage
the fronting of significant traffic generating uses upon a parallel
access street and not directly upon a primary road.
C. Access points for industrial uses shall not be less
than 24 feet nor more than 40 feet in width. All other access points
shall not be less than 20 feet nor more than 30 feet in width.
D. All accessways shall meet all applicable standards
and requirements of the New York State Department of Transportation,
Orleans County Highway Department, and Town of Barre Highway Superintendent.
Lots, structures, uses of land, and characteristics
of uses which lawfully existed at the time of the enactment of this
chapter and which would be prohibited or restricted under the terms
of this chapter may be continued subject to the following provisions:
A. Intent. It is the intent of this chapter to permit
nonconforming uses to continue until they are removed, but not to
encourage their survival.
B. General regulations.
(1) A nonconforming lot shall not be further reduced in
size.
(2) A nonconforming building shall not be enlarged, extended
or increased unless such enlargement would tend to reduce the degree
of nonconformance.
(3) A nonconforming use shall not be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of the adoption of this chapter.
(4) A nonconforming use may be changed into a conforming
use. When a nonconforming use is changed to conform to the requirements
of this chapter, the use of the building or tract of land shall not
be changed again except in accordance with this chapter.
(5) Where such nonconforming use is upon the land itself
and not enclosed within a structure, or where such use involves the
removal of soil, minerals or the excavation of gravel or rock or other
material, such use may be continued upon the land being so used at
the time of the adoption hereof. Any such nonconforming use of the
land may be extended or expanded to include any part of the plot or
parcel of land now being used or held in reserve for future use, provided
such enlargement does not involve the use of any lot excavation rights
which were acquired after the effective date of this chapter. However,
such extension or expansion of such nonconforming use shall comply
with the setback and fencing requirements of this chapter.
(6) Should any structure be moved for any reason for any
distance, it shall thereafter conform to the requirements for the
district in which it is located after it is moved.
C. Restoration and alterations.
(1) A nonconforming structure damaged by fire or other
causes to the extent of more than 75% of its assessed value, based
upon the State Board of Equalization and Assessment rates, shall not
be repaired or rebuilt except in conformity with the requirements
of this chapter; except residential property owners may rebuild a
home, on the same foundation area, provided that:
(a)
The property owner provides the Code Enforcement
Officer an instrument survey demonstrating that the foundation lies
totally within the property boundaries.
(b)
The owner provides evidence of applicable County
Health Department approval for the new construction.
(c)
The new construction shall be in compliance
with all other applicable laws and regulations.
(2) Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition any wall or roof which has been declared
unsafe by the Code Enforcement Officer.
(3) Normal maintenance repairs and incidental alteration
of a building or other structure containing a nonconforming use shall
be permitted, provided it does not extend the area or volume of space
occupied by the nonconforming use.
(4) Any building which is nonconforming due to insufficient
yard distances or lot area shall not be considered a nonconforming
use. Any alterations or structural changes may be accomplished within
the existing frame of said building, but any additions shall conform
to the specific setback and yard distance requirements of this chapter.
D. Discontinuance.
(1) In any district, whenever a nonconforming use of land,
premises, building or structure, or any part or portion thereof, has
been discontinued for a period of one year, such nonconforming use
shall not thereafter be reestablished, and all future uses shall be
in conformity with the provisions of this chapter.
(2) Such discontinuance of the active and continuous operation
of such nonconforming use, or part or portion thereof, for such period
of one year, is hereby construed and considered to be an abandonment
of such nonconforming use, regardless of any reservation of an intent
not to abandon same or of an intent to resume active operations.
(3) If actual abandonment in fact is evidenced by the
removal of buildings, structures, machinery, equipment and other evidences
of such nonconforming use of the land and premises, the abandonment
shall be construed and considered to be completed and all rights to
reestablish or continue such nonconforming use shall thereupon terminate.
E. Existing undersized lots of record.
(1) Any lot of record held in single and separate ownership
prior to the adoption of this chapter and whose area and/or width
and/or depth are less than the minimum requirements specified herein
for the district, may be considered as complying with this chapter
and no variance therefor shall be required, provided that:
(a)
Such lots do not adjoin any other lot or lots
held by the same owner, the aggregate area of which lots is equal
to or greater that the minimum lot area required for the district;
(b)
The minimum lot size of land for such nonconforming
lot is at least 75 feet by 150 feet.
(2) In any district where residences are permitted, such
undersized nonconforming lots may be used for not more than one single-family
dwelling.
(3) A lot of nonconforming size may be subdivided if each
and every subdivision of such lot is purchased by the owner or owners
of the adjoining properties to increase the size of said owner's property.
The following provisions apply to manufactured homes located on individual lots in residential areas, in addition to the requirements in §
350-38 above.
A. All towing devices, wheels, axles, and hitches shall
be removed.
B. The manufactured home shall be placed on the lot in
such a manner that is compatible with and reasonably similar in orientation
to the site-built housing in adjacent or nearby locations.
C. All manufactured homes shall be constructed and installed,
including the anchoring system, in accordance with the New York State
Uniform Fire Prevention and Building Code, the Manufactured Housing
Program and the National Manufactured Housing Construction and Safety
Standards (HUD Code).
D. Excluding patios, porches and carports, no structure
may be hereafter attached to any existing manufactured home, unless
the manufactured home is already supported by a concrete perimeter
foundation. Such structure shall also be supported by a concrete perimeter
foundation.
The stripping and sale of topsoil shall not
be allowed, except in conjunction with a permitted mining or excavation
operation, or in the course of construction of any permitted structure.
Excavations for the sole purpose of sale of topsoil shall not be permitted.
Private swimming pools shall be permitted in
any residential district, provided that there is an existing residence
on said lot and the following regulations are complied with:
A. Setbacks.
(1) Outdoor swimming pools shall be located in the rear or side yards and shall conform to the minimum setback requirements for a structure in the district. Aprons and decks which are accessory to a pool shall not be within the minimum setback area specified in Article
V, District Regulations, of this chapter.
(2) No swimming pool shall be closer to the street or
front lot line than the front of the building or structure to which
the pool is an accessory use.
B. Drainage. No permit shall be issued for such pool
unless the applicant can show that the proposed drainage of such pool
is adequate and will not interfere with the property of others, with
public highways or area drainage facilities.
C. Water supply. No permit shall be issued for such pool
unless the applicant can demonstrate that there is sufficient water
supply to accommodate such pool without detriment to normal water
consumption requirements and that all proposed water connections are
proper and adequate.
D. Permits. Zoning permits shall be required for all
swimming pools having an area greater than 100 square feet or a depth
greater than 18 inches regardless of whether the pool is above or
below ground.
E. Fences and gates shall be required, pursuant to the
requirements of the New York State Uniform Fire Prevention and Building
Code.
F. Ladders on all aboveground pools shall be retractable
or capable of being locked during all times the owner or occupant
of the premises is not present at such pool.
G. This section does not apply to farm ponds or other
natural or artificial made bodies of water located in residential
areas.
This section is intended to provide the minimum
level of control necessary to accomplish the health, safety, and aesthetic
objectives of the Town.
A. Antennas smaller than one meter in diameter shall
not be subject to this section.
B. All parabolic antennas larger than one meter in diameter
shall be located on the ground at natural grade only and shall not
be installed on or above any buildings.
C. All parabolic antennas larger than one meter in diameter
shall be located in rear or side yards, except they may be placed
in a front yard if a two-hundred-foot setback from the front lot line
can be obtained.
No obstruction to view in excess of four feet
in height, measured perpendicular from the street grade, shall be
maintained on any premises within the angle formed by intersecting
streets within the distance of 75 feet measured along the center lines
of each street from the intersection thereof. Such a clear sight triangle
shall be maintained in order to ensure visibility of traffic approaching
the intersection.