All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this article to meet the needs of persons occupying or using such structures or land.
The plans for any new building or any expansion of an existing building, when submitted for a building permit, shall show specifically the location, size and type of improvements of the off-street parking or loading space required to comply with this chapter and the means of access to such space from the public streets or highways. Except for one- and two-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvement is approved by the Building Inspector, who shall determine that traffic access, traffic circulation and general layout of the parking facility are planned with regard to safety, to traffic on the public street and to safety and adequacy of access for cars and pedestrians using the parking facility. No certificate of occupancy shall be issued for any building or land use until the required off-street parking and loading facilities have been established.
In case of exceptional difficulty or unusual hardship to such properties arising out of the requirements of this article, the Board of Appeals may reduce the parking requirements but shall require such degree of compliance as it may deem reasonable.
Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town, shall be deemed to continue to serve the users or structures for which they were originally provided.
Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements set forth in this article. However, any parking and loading facilities now existing to serve such structures or uses shall not be reduced except where they exceed such requirements, in which case they shall not be reduced below such requirements.
Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Town Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this article. Also, the Planning Board may permit all or part of the required off-street parking spaces for a commercial use or structure to be located on any lot within 500 feet of the use or structure to which such spaces are accessory if the Board determines it is impractical to provide parking on the same lot as the use or structure. All parking spaces shall be in reasonable proximity to the respective use or structure they are intended to serve, and the determination of reasonable proximity shall be at the discretion of the Planning Board when reviewing site development plans, based upon relative standards of appropriate convenience for residential versus commercial uses. Parking and loading spaces for a nonresidential use shall not be located in a residence district, nor shall any off-street parking facility be developed within the required front yard nor within five feet of a side or rear yard in such a district, except in those instances as provided for in § 150-29D.
[Amended 9-6-1988 by L.L. No. 15-1988; 2-6-1989 by L.L. No. 2-1989]
Size of parking spaces. Each parking space shall be at least nine feet wide and 20 feet long if unenclosed and at least 10 feet wide and 20 feet long if bordered by walls or columns on two or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles, such spaces may be reduced in depth to 18 feet. Backup and maneuvering aisles between rows of parking spaces shall be at least 25 feet wide except where the approving authority approves a lesser dimension as adequate to serve parking spaces arranged at less than a ninety-degree angle.
Landscaping. Except for parking spaces accessory to a one-family dwelling, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover as approved by the Planning Board, based upon consideration of the adequacy of the proposed landscaping to assure the establishment of a safe, convenient and attractive parking facility with a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. At least one tree with a minimum caliper of three inches and a height of four feet above ground level shall be provided within such parking area for each 10 parking spaces.
Wherever possible, raised planting islands at least eight feet in width shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits; to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles; and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands should be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.
In all off-street parking areas containing 25 or more parking spaces, at least 10% of the total parking area shall be curbed and landscaped with trees, shrubs and other plant materials.
No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn between points along such street line and access drive 30 feet distant from their point of intersection.
Grades, drainage, paving and marking.
Required off-street parking facilities may be enclosed in a structure or may be open, except as required specifically for multifamily dwellings. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use, to the satisfaction of the Building Inspector, to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
There shall be no paving of property associated with any type of use whose use classification, according to § 150-33 of this chapter, is subject to site development plan or special permit approval, without such approval or amended approval by the Planning Board. To offset the costs incurred by the Town in making drainage improvements resulting from development taking place within the Town, all applicants for approval of site development plans or special permits involving any paving shall be required to submit a downstream drainage improvements fee, payable to the Town of Fishkill, in accordance with the current Fee Schedule. The just-mentioned approval and downstream drainage improvements fee shall not apply to the repaving of existing paved areas.
[Added 3-21-1988 by L.L. No. 5-1988]
Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.
Waiver of improvement. Where the authority approving a site plan or special permit application determines that fewer than the required number of parking or loading spaces will satisfy the intent of this chapter, said Board may waive the requirement in part but not in excess of 50% of the number required according to §§ 150-68 and 150-70 herein. In all cases it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking and loading spaces required and the site plan shall bear such designation. All such undeveloped parking and loading spaces shall be used and maintained as additional landscaped grounds until required for parking and loading. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived, within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.
[Amended 6-15-1987 by L.L. No. 4-1987]
Compact-car spaces. With regard to parking areas comprised of at least 50 parking spaces, the Planning Board, as part of site plan or special permit review and approval, may permit the substitution of compact-car spaces instead of the conventionally sized parking spaces specified in § 150-67B herein, subject to the following requirements:
[Added 6-15-1987 by L.L. No. 4-1987]
Compact-car parking spaces shall not comprise more than 25% of the total required number of parking spaces.
Each compact-car space shall be at least eight feet wide and 16 feet long if unenclosed and at least nine feet wide and 16 feet long if bordered by walls or columns on two or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles, such compact-car spaces may be reduced in length to 15 feet. Backup and maneuvering aisles between rows of compact-car parking spaces shall be at least 22 feet wide, except where the approving authority approves a lesser dimension as adequate to serve parking spaces arranged in less than a ninety-degree angle.
Compact-car parking spaces shall be conveniently located for both vehicular and pedestrian access. Such spaces shall be grouped in a location or locations approved by the Planning Board. Single compact-car spaces shall not be distributed throughout the parking area(s).
All compact-car parking spaces and areas shall be clearly designated by color-coded pavement striping and signage.
Compact-car parking spaces shall not be permitted in parking areas serving retail, service or restaurant uses or other uses in which the frequency of parking turnover is deemed by the Planning Board to be relatively high.
Off-street parking spaces shall be provided as follows, except that the Board of Appeals may modify these provisions as a condition of the issuance of a special permit according to the provisions of Article VIII:
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board, which shall consider all factors entering into the off-street parking needs of the particular land use.
Required off-street parking facilities shall be maintained as long as the use of the structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Town as public parking areas.
[Amended 6-15-1987 by L.L. No. 4-1987]
Off-street loading and unloading facilities shall be located on the same site as the use to be served and shall be provided as follows:
Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width.
Required number of spaces.
For retail or service business establishments, restaurants and other places serving food or beverages: a minimum of one space for each 10,000 square feet of gross floor area or portion thereof.
For industry, wholesale businesses, storage, warehouses and other similar commercial establishments: a minimum of one space for the first 5,000 square feet of gross floor area or portion thereof and one space for each additional 10,000 square feet of gross floor area or portion thereof.
For office or research laboratory establishments: a minimum of one space for the first 25,000 square feet of gross floor area or portion thereof and one space for each additional 150,000 square feet of gross floor area or portion thereof.
For hotels or motels: a minimum of one space for the first 50 sleeping rooms or portion thereof and one space for each additional 200 sleeping rooms or portion thereof.