All structures and uses shall be provided with a sufficient
number of off-street parking and loading spaces to meet the needs
of employees, residents, visitors, clients, patrons and other persons
at such structures or uses, but not less than the minimum requirements
of this Zoning Law. No certificate of occupancy or certificate of
use shall be issued until such off-street parking and loading spaces
have been established or provided for in accordance with the requirements
of this Zoning Law.
A.
Required off-street parking spaces shall be provided on the same lot with the structure or use they serve, except as provided § 266-36 of this Zoning Law, and may be located within a building or in a side or rear yard. Double-loaded spaces or stack parking shall not be permitted as a means of satisfying the parking requirements. No off-street parking spaces shall be located in a required front yard. In no event shall parking and loading spaces for a use not permitted in a district be located in that district.
[Amended 6-15-1998 by L.L. No. 9-1998]
B.
Unobstructed access to and from a street shall be provided for nonresidential
uses. Such access shall consist of at least one twelve-foot lane for
parking areas with 20 or fewer spaces and at least two twelve-foot
lanes for parking areas with over 20 spaces. Access to roads shall
include an adequate turnaround area to preclude the need for backing
out onto the road right-of-way. To the greatest extent practicable,
residential uses proposed along state roads shall be designed so as
to provide an adequate turnaround area and to preclude the need to
back out onto the road right-of-way.
C.
No entrance or exit for any accessory off-street parking area with
more than four parking spaces or for any loading berth shall be located
closer than 75 feet from the intersection of any two designated street
lines as determined by the Official Map. This distance shall be 100
feet for any signalized intersection or an intersection providing
for a designated left-turn storage lane on the same intersection leg
as the proposed access drive.
D.
Off-street loading spaces may be located within any building, within
a side or rear yard or within a required off-street parking area,
provided that such spaces do not block access to such parking area
or any parking space. Unobstructed access, at least 12 feet wide,
to and from a street shall be provided to off-street loading berths.
Such access may be combined with access to parking areas. No off-street
loading berth shall be located between the street line and principal
building. A loading berth shall not be located in any required yard
and shall be screened where visible from any residential boundary.
The Planning Board, in approving a site plan, may allow off-street
parking and loading spaces required for structures or uses on the
same or adjacent lots to be provided in a single common facility,
on one or more of said lots, subject to the following:
A.
The total capacity of the common facility shall be the sum of the
requirements of each individual use, except that said total capacity
may be reduced by the Planning Board, provided that the applicant
demonstrates to the satisfaction of the Planning Board that the capacity
of such facility will meet the intent of the requirements by reason
of the provision of nonreserved parking spaces and variation in the
probable time of maximum use by residents, visitors, patrons and employees
among such uses.
B.
As a condition of the approval of the joint use, the Planning Board
shall require a legal instrument satisfactory to the Planning Board
and Village Attorney assuring the continued existence and use of said
parking spaces in connection with the uses and structures that they
serve. Such instrument shall also guarantee that, upon termination
of such use, each individual participant will provide off-street parking
and loading spaces for its own use in accordance with all requirements
of this Zoning Law. Such instrument shall be recorded in the office
of the County Clerk of Rockland County.
[Amended 2-5-2018 by L.L.
No. 1-2018]
A.
Only one commercial vehicle not exceeding 22 feet in length, or eight
feet in height or seven feet in width, including all accessories and
equipment, may be parked on an occupied lot in any residential district.
Said vehicle may only be parked beyond the front line of the house
on a permitted driveway or parking area constructed and installed
in compliance with applicable laws, or within a private garage.
B.
For purposes of this section, "commercial vehicle" shall mean any
motor vehicle used for commercial purposes, including but not limited
to a vehicle used for the transportation of goods, wares and merchandise,
or passengers for hire, or used for repair, service, installation,
inspection, landscaping or snowplowing purposes.
A.
The paving of nonresidential parking areas and driveways shall require
site plan approval by the Planning Board. Prior to rendering a decision,
the Planning Board shall refer the site plan to the Superintendent
of Public Works for review and comment. The site plan shall include
specifications for the hardtop surface, subgrade, drainage and landscaping,
if required. The applicant must demonstrate to the satisfaction of
the Planning Board that the base shall be properly drained; that the
construction shall be adequate to support the contemplated traffic
load; and that stormwater runoff will not be directed onto adjoining
properties or to a roadway in an uncontrolled manner, subject to approval
by the Superintendent of Public Works.
B.
Every owner shall maintain the parking area clear and free from ice,
debris, rubbish and other obstructions. Every owner shall repair and
maintain the surface of said parking areas so that they will be free
from holes, obstructions and other hazards.
C.
The Superintendent of Public Works or Code Enforcement Officer shall
administer and secure compliance with this section of the Zoning Law.
D.
The Superintendent of Public Works or Code Enforcement Officer shall
order, in writing, the remedying of all conditions found to exist
in violation of this section and shall state in the violation order
a reasonable time for compliance therewith.
E.
The Planning Board may waive the requirement of site plan approval
for minor paving projects upon a finding that the paving will not
have a detrimental effect on the property or its surroundings.
[Amended 4-6-2009 by L.L.
No. 2-2009]
A.
Except for the following uses, no offstreet parking is required in
the CB District, unless a significant change in the characteristics
of the use is proposed, including but not limited to an increase in
square footage of the use of 50% or more; changes that would increase
the number of patrons or customers by more than 50%; redevelopment
or consolidation of lots with increased usage; any combination of
the foregoing; or new construction, in which case the Planning Board
will determine the appropriate required parking.
B.
Fee in lieu. In the CB District, when any change or increase in the
intensity of use or any increase in the amount of gross floor area
would require the provision of additional off-street parking spaces
in accordance with the standards set forth in this section, the applicant
for such change or addition may request permission to make a cash
payment to the Village of Suffern Parking Improvement Fund in lieu
of providing some or all of such parking. The Board of Trustees, in
its discretion, may elect to accept such payment on behalf of the
Village. The amount of the cash payment per parking space required
in such cases shall be established, and may from time to time be amended,
by the Board of Trustees. The Board of Trustees shall submit any application
for a cash payment to the Planning Board for its review and recommendation.
C.
Dedication of land for parking purposes. When, in the CB District,
any change or increase in the intensity of use or any increase in
the amount of gross floor area would require the provision of additional
off-street parking spaces in accordance with the standards set forth
in this section, such standards may be waived or modified by the Planning
Board if the applicant conveys a permanent easement or dedication
in fee for the parking area shown on the adopted Parking Area Map.
The Planning Board may approve and the Board of Trustees may accept
a combination of an easement and a dedication in appropriate circumstances.
D.
Waiver of parking requirements. Upon consideration of the limited nature of any particular application for increased intensity of use or expansion and, as well as the proximity of existing parking spaces and the availability of adequate parking in the CB District, the Board of Trustees, in its sole discretion, may waive some or all of the off-street parking requirements as set forth in § 266-41 of this chapter.
[Amended 7-17-2023 by L.L. No. 7-2023]
E.
Appeals. The applicant may appeal the Planning Board's decision regarding
the dedication of land or parking requirements to the Board of Trustees.
In considering such an appeal, the Board of Trustees shall review
the Planning Board's recommendations.
[Added 5-18-2015 by L.L.
No. 6-2015]
Structures and uses in existence or for which building permits
have been issued prior to the effective date of this Zoning Law shall
not be subject to the parking or loading requirements of this Zoning
Law, provided that any parking and loading facilities then existing
to serve such structures or uses shall not be reduced or redesignated
to serve other structures or uses, except to the extent they exceed
such requirements. At the time of any enlargement of such existing
structures or uses, required parking and loading facilities shall
be provided as specified in this Zoning Law.
The size, layout, access and landscaping of parking spaces and
loading spaces and the provision of handicapped parking spaces shall
be as required in the Site Plan Regulations of the Village of Suffern.[1]
The Schedule of General Use Requirements[1] presents the minimum parking space and loading space requirements
of this Zoning Law. Where a lot contains more than one use, the minimum
requirements must be satisfied for each and every such use. For uses
that do not fall within the categories listed or for which no requirement
is listed, the Planning Board shall set the minimum parking space
and loading space requirements, based on the specific nature of the
facility and on expected parking demand.
[1]
Editor's Note: The Schedule of General Use Requirements is
located at the end of this chapter.
A.
There is created herewith, by the adoption of this Village Zoning
Law, a special fund to be known and designated as the "Village of
Suffern Parking Improvement Fund" (hereinafter "the Fund"). The Fund
shall be established, operated and maintained in conformance with
§ 6-c of the General Municipal Law. The Fund shall be initially
established with an appropriation of $2,000, which is hereby transferred
from the unallocated surplus to create the Fund. Upon the effective
date of this Zoning Law, the Village Treasurer shall effect such transfer
and thereby create such Fund without further action of the Village
Board.
B.
The Fund shall be preserved, invested and reinvested in the same
manner as other Village liquid assets. There shall be no upper limit
or critical amount beyond which the Fund can grow. The money in the
Fund shall be listed as a Village asset but may not be counted as
Village surplus for Village budget purposes. Neither shall the Fund
be counted as an asset in any analysis of Village solvency or for
rating purposes, and its deposits shall not be available to secure
Village obligations other than obligations undertaken in pursuit of
the purposes of the Fund.
C.
The expenditure of the Fund assets shall be limited exclusively to
capital projects designed to permanently increase the supply of public
parking spaces available to serve properties within the district.
Nothing herein shall be interpreted to mandate that a parking facility
must be constructed within the limits of the CB District.
D.
For so long as there shall be a Village of Suffern Parking Authority,
no expenditures from the Fund shall be made by the Village Board,
except by joint agreement of the Village Board and the Board of the
Parking Authority.
E.
Projects for the use of the assets of the Fund may be initiated by
the Planning Board of the Village and be proposed to the Village Board,
by the Village Board on its own initiative or by the Parking Authority
of the Village of Suffern. The creation, enlargement, alteration or
rehabilitation of parking facilities, whether privately or publicly
sponsored, shall be subject to site plan review and approval by the
Planning Board. The Village Board shall have the authority to transfer
Fund assets to the credit of the Parking Authority for use on projects
of which the Village Board approves.
F.
No use of the assets of the Fund and no withdrawals or assignments
from the Fund shall be effected directly or indirectly, unless there
shall have been a properly advertised public hearing conducted by
the Village Board setting forth in reasonable detail the purposes
therefor.
