A.
Off-street parking, loading and unloading facilities shall be provided
as necessary in connection with every use. One-family and two-family
residential uses shall be provided with two off-street parking spaces
per dwelling unit. Parking needs with respect to all other uses shall
be determined in conjunction with special use and site plan review.
The amount of parking required shall be based on the following factors:
(1)
Industry studies of parking needs for the type of use proposed or
actual case-study comparisons for projects of similar character. The
Planning Board may require the developer or applicant to gather and
submit such data in support of its proposed parking provisions. The
National Parking Association and the Urban Land Institute are examples
of such industry sources.
(2)
The characteristics of the proposed customers, employees, residents,
occupants or visitors to a given facility and the availability of
municipal parking to satisfy the needs of the business. Housing for
the elderly would, for example, require fewer spaces per dwelling
unit than time-shared recreational units, though the number of dwelling
units might be the same.
(3)
The expected occupancy rates, traffic levels and numbers of employees
in connection with any enterprise and the degree to which these directly
relate to parking requirements.
(4)
Recommendations, if any, from other public agencies or information
sources which suggest, based on experience, the appropriate amount
of parking in connection with a given use.
(5)
The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.
(6)
Where industry standards are inadequate for the particular use or
site involved or such standards are unavailable, the following standards
shall be applied by the Planning Board or the Building Inspector,
as the case may be:
Use
|
Number of Required Spaces
| |
---|---|---|
Home occupations
|
1 per 100 square feet of floor area devoted to use
| |
Hotels/motels
|
1 per rental room
| |
Industrial uses
|
1 per 400 square feet of floor area
| |
Commercial uses
|
1 per 250 square feet of floor area
| |
Places of public assembly
|
1 per 5 seats
| |
Offices
|
1 per 300 square feet of floor area
| |
Restaurants
|
1 per 50 square feet of floor area
| |
Senior housing
|
1 per dwelling unit
| |
Vehicle service establishments
|
4, plus 1 per employee
|
B.
Each parking space shall consist of not less than an average of 270
square feet of usable area for each motor vehicle, including interior
driveways, driveways connecting the garage, or parking space, with
a street or alley. Garages, carports, and driveways not in the public
right-of-way may be considered parking spaces. The minimum parking
space size shall by nine feet by 19 feet.
C.
Any lighting used to illuminate any off-street parking shall be so
arranged as to reflect the light away from adjoining premises and
public rights-of-way.
D.
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 (see § 400-18). The following are guideline standards the Planning Board may apply:
(1)
No more than 12 parking spaces should be allowed in a continuous
row uninterrupted by landscaping. This requirement may be waived at
the discretion of the Planning Board to achieve a superior design.
(2)
No parking areas should be designed such that a vehicle might directly
back out onto a public highway or through road within the development.
Traffic flows through a parking area should be minimized and limited
to connections from one lot to another and to the public highway or
through road.
(3)
Parking areas should generally be located in the rear or side yard
of any use, with the principal building situated near the front lot
line as permitted by Schedule of District Regulations.[1] This is for the purpose of maintaining the continuity
of the building line along any highway and avoiding the effective
merger of parking areas along a highway into one mass of pavement
where entrances and exits become difficult to identify.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
E.
Any building erected, converted or enlarged for commercial, office,
manufacturing, wholesale, institutional or similar use shall, in addition
to the off-street parking required above, provide adequate off-street
areas for loading and unloading of vehicles. Public rights-of-way
shall, under no circumstance, be used for loading or unloading of
materials. The minimum size loading space shall be 60 feet in depth
and 12 feet in width, with an overhead clearance of 14 feet.
F.
Access to and from all nonresidential off-street parking, loading
and vehicle service areas along public rights-of-way shall consist
of well-defined separate or common entrances and exits and shall comply
with the following provisions:
(1)
Access drives shall not open upon any public right-of-way within
80 feet of the nearest right-of-way line of any intersecting public
street or highway or where the sight distance in either direction
would be less than 200 feet. Access drives onto state highways shall
be subject to New York Department of Transportation standards.
(2)
There shall be no more than one entrance and one exit to any business
or commercial use parking area on any one highway unless safety considerations
should demand it. Each entrance and exit shall be clearly defined
with curbing, fencing or vegetative screening so as to prevent access
to the area from other than the defined entrance and exits. In no
case shall one entrance and exit be located within 80 feet of any
other on the same property or adjoining property along the same public
right-of-way. Previously developed nonconforming lots, however, may
be exempted from this requirement.
(3)
All access drives shall be subject to the requirement of obtaining
a road occupancy or street encroachment permit from the Village of
Woodridge, the Sullivan County Department of Public Works or the New
York State Department of Transportation, as the case may be, and approval
of any permits hereunder may be conditioned upon the application for
and/or receipt of such permits from these authorities.
(4)
No use shall be permitted which requires year-round access from a
Village highway which has been designated by the Village of Woodridge
Village Board as a low-volume or minimum maintenance seasonal highway
pursuant to § 205-a of the New York State Highway Law.
G.
All nonresidential parking and loading areas and parallel circulation
and service lanes shall be separated from the paving edge of a public
thoroughfare or adjoining property lines by a planting strip at least
20 feet in depth landscaped according to standards provided herein
for such landscaping.
H.
The Planning Board, at its discretion, may require a traffic impact
study with any special use application involving an activity likely
to generate more than 500 trip-ends per day based on the following
daily rates:
Use
|
Number of Trip Ends
| |
---|---|---|
Residential uses
|
9.6 per dwelling unit
| |
Industrial uses
|
3.3 per employee
| |
Restaurants
|
7.9 per seat
| |
Fast food restaurant
|
23.9 per seat
| |
Convenience market
|
605.6 per 1,000 square feet of gross floor area
| |
Supermarket
|
177.6 per 1,000 square feet of gross floor area
| |
Car wash
|
108.0 per car stall
| |
Offices
|
6.0 per employee
| |
Other commercial uses
|
50.0 per 1,000 square feet of gross floor area
| |
Institutional uses
|
4.0 per employee
| |
Other uses
|
See "Trip Generation," Institute of Transportation Engineers
|
(1)
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 SEQR submission.
There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as Special Flood Hazard Areas on the Flood Hazard Boundary Maps for the Village of Woodridge, as issued by the Federal Insurance Administration or its successor. This district shall be an overlay zone, within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted which does not comply with the provisions of Chapter 205, Flood Damage Prevention, of the Code of the Village of Woodridge, as amended.
A.
Home occupations are hereby defined as any occupation or business
activity that occurs within structures or on property where the primary
land use is residential, and where the occupation or business is clearly
incidental to such residential use. Such uses may include professional
occupations, antique and craft shops, artisan activities, personal
service shops and other non-automotive-related businesses.
B.
Home occupations, as defined above, are permitted as special uses
within specified residential districts, provided they do not detract
from the residential character, appearance, or make-up of the neighborhood
in which the business is located. The following review criteria shall
be used to determine if this standard will be met:
(1)
Extent of the business: whether or not the residential use will be
the primary use of the property. Factors that shall be used to determine
the primary use of the property shall include, but are not limited
to, the area of the home or property used for the business (limited
to a maximum of 35%), the number of nonresident employees (limited
to three) and the amount of time the business will be open to the
public on a daily basis (limited to 10 hours).
(2)
Appearance from an adjacent street: whether or not the use of the
property as a business is distinguishable from an adjacent street.
Except for a nonilluminated, permanent identification sign no larger
than two square feet in size attached to the principal structure,
there shall be nothing that occurs on the property that can be observed
from adjacent streets that make it readily apparent that a business
is being operated on the premises. In cases where the principle structure
is obscured from the street, or the structure is set back more than
50 feet from the property line, a nonilluminated ground sign not to
exceed four square feet may be used. Factors for evaluating this standard
shall be that the residential dwelling not be altered to change its
residential appearance. No activity related to the conduct of the
home-based business shall be permitted to occur in such a manner as
to be obtrusive to the neighborhood, attract undue attention to the
business or adversely impact the residential character of the neighborhood.
(3)
Impact on the neighborhood: whether or not the business activity
will cause a nuisance to surrounding property owners; adversely impact
the peace, health, or safety of neighborhood residents; and/or create
a deviation from the residential character of the neighborhood. Factors
for evaluating this standard shall be:
(a)
Traffic: whether or not the business will generate traffic that
is excessive and/or detrimental to the neighborhood. A business will
be allowed to generate a maximum of 24 vehicle trips per average weekday,
Saturday and Sunday. However, based on the characteristics of a specific
neighborhood, these amounts may be lowered or raised. The factors
to be used for such a determination shall include, but are not limited
to, pertinent characteristics of the neighborhood such as width of
properties, width of the streets, hills, curves, the number of children
present and existing traffic levels on the adjacent street.
(b)
Parking: whether or not parking problems could result from the
business use. Factors that shall be used to evaluate this criteria
include, but are not limited to the following:
(c)
Nuisance: whether or not the business activity would cause a
nuisance to surrounding property owners. Existing property maintenance
codes, fire codes, building codes, environmental and safety codes
and other related local laws shall be the primary basis for evaluating
the potential for creating such a nuisance.
C.
Minimal impact home occupations shall be processed as accessory uses
hereunder and permitted everywhere in the Village, provided they meet
the above standards. "Minimal impact" shall mean:
(1)
No employees are working on the premises other than family members
residing thereon;
(2)
There is no outside storage of equipment, vehicles or materials used
in the business other than an automobile for personal transportation;
and
(3)
There is no regular traffic to the site for other than mail service
and occasional (e.g., semi-weekly) deliveries and client/customer
visits.
D.
No home occupation, having once been permitted or established, shall
be added to, expanded, enlarged or otherwise increased or changed
substantially in character without complying with this chapter, and
such permission or establishment shall not be a basis for a later
application to establish a principal commercial use. Moreover, the
conversion of a residence with a home occupation to a commercial use
by the abandonment of the residence or sale, rent or transfer of the
business to a party which does not reside on site is strictly prohibited
unless the business is then moved off site.
Wherever commercial, manufacturing or other nonresidential uses
or improvements and changes to such uses, with the exception of agricultural
activities and home occupations, are proposed, the following performance
standards shall apply. The Building Inspector shall ensure these standards
are met prior to issuing certificates of occupancy for such uses and
may require the applicant(s) to provide documentation of compliance.
A.
Where a commercial or manufacturing use is contiguous to an existing
residential use in any district (including those situated on the opposite
side of a highway) or any approved residential lot in a residential
district, the Planning Board may require that the minimum front, side
and rear yards be increased by up to 50%. The Board may also require,
for purposes of separating incompatible activities or shielding the
residence from negative impacts, that a buffer consisting of a solid
fence of wood and/or a twenty-foot-wide dense evergreen planting not
less than six feet high be maintained, unless the properties are in
the same ownership or the full width of the yard is already wooded.
See also the landscaping standards contained herein.
B.
All activities involving the manufacturing, production, storage,
transfer or disposal of inflammable and explosive materials shall
be provided with adequate safety devices against the hazard of fire
and explosion. Fire-fighting and fire suppression equipment and devices
shall be provided pursuant to National Fire Protection Association
guidelines. Burning of waste materials in open fires is prohibited.
Details of the potential hazards and planned safety and accident response
actions shall be provided by the applicant, and the Planning Board
may require greater front, side and rear yards and/or fencing.
C.
No activities shall be permitted which emit dangerous radioactivity
or electrical disturbance adversely affecting the operation of any
equipment other than that of the creator of such disturbance.
D.
Noise associated with any new use permitted under this chapter and
hereafter established shall not exceed an intensity of 65 decibels
as measured 100 feet from the boundaries of the lot where such use
is situated. The use of outdoor public address systems is strictly
prohibited except for emergency purposes.
E.
No vibration shall be permitted on a regular or continuing basis
which is detectable without instruments at the property line.
F.
All lighting and use of mirrors shall be designed so as to avoid
unnecessary or unsafe spillover of light and glare onto operators
of motor vehicles, pedestrians and land uses in proximity to the light
source. Light sources shall comply with the following standards:
Type of Light Source
|
Maximum Illumination Permitted at Property Line
(footcandles)
|
Maximum Permitted Height of Light
(feet)
| |
---|---|---|---|
Globe light
|
0.20
|
15
| |
Greater than 90% cutoff
|
0.75
|
25
| |
Less than 90% cutoff
|
2.00
|
30
|
(1)
No direct or sky-reflected glare, whether from floodlights or from
high-temperature processes such as combustion or welding or other
sources, so as to be visible at the property line on a regular or
continuing basis, shall be permitted.
G.
No emission shall be permitted on a regular or continuing basis from
any chimney or otherwise, of visible gray smoke of a shade equal to
or darker than No. 2 on the Power's Micro-Ringlemann Chart, published
by McGraw-Hill Publishing Company, Inc., and copyrighted 1954.
H.
No emission of fly ash, dust, fumes, vapors, gases and other forms
of air pollution shall be permitted on a regular or continuing basis
which can cause any damage to health, to animals, vegetation, or other
forms of property, or which can cause any excessive soiling.
I.
All activities involving the possible contamination of surface or
ground water shall be provided with adequate safety devices to prevent
such contamination. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
J.
Whenever a vehicle and equipment sales, mechanical and body repair
use is proposed as a special use, or as an expansion of an existing
nonconforming use, the following additional performance standards
shall apply:
(1)
All mechanical and body repair work shall be performed within buildings.
(2)
All automobile or vehicle parts, new or used, shall be stored within
buildings.
(3)
Vehicles which are temporarily on the property awaiting repair shall
be stored in an area which meets the minimum yard and buffer requirements
applicable for the district and the use.
K.
All industrial uses, processing and storage shall be within fully
enclosed structures, and no tanks, cupolas, vents or other apparatus
peculiar to the processing shall be visible outside the approved buildings.
The facade of buildings and structures in industrial uses shall be
compatible with adjacent development and shall be fully landscaped
in accordance with the requirements therefor that are contained herein.
A.
Purpose. The following standards are intended to enhance the appearance
and natural beauty of the Village and to protect property values through
preservation and planting of vegetation, screening and landscaping
material. Specifically, these standards are intended to enhance the
appearance of major travel corridors and business areas; to reduce
excessive heat, glare and accumulation of dust; to provide privacy
from noise and visual intrusion; and to prevent the erosion of the
soil, excessive stormwater runoff and the consequent depletion of
the groundwater table and the pollution of water bodies.
B.
General requirements. The following provisions shall apply to any
use in all zoning districts:
(1)
All lots shall be graded and seeded and all other applicable requirements
of these landscaping regulations imposed by the Planning Board shall
be fully met prior to the Building Inspector granting a certificate
of occupancy for a new building or use subject to these regulations.
An irrevocable letter of credit or cash bond shall be posted in an
amount sufficient to cover the cost of such grading and seeding when
the applicant cannot perform this work due to seasonal impracticalities.
(2)
Landscaping, trees and plants required by these regulations shall
be planted in a growing condition according to accepted horticultural
practices, and they shall be maintained in a healthy growing condition.
Any landscaping, trees and plants which are in a condition that does
not fulfill the intent of these regulations shall be replaced by the
property owner during the next planting season. An irrevocable letter
of credit or cash bond shall be posted in an amount sufficient to
cover the cost of such landscaping when the applicant cannot perform
this work due to seasonal impracticalities.
(3)
A screening fence or wall required by these regulations shall be
maintained by the property owner in good condition throughout the
period of the use of the lot subject to the following conditions:
Any land that is or has been designated or required to be screening
area, buffer area or paved area pursuant to an approval by the Village
Board, Planning Board or Zoning Board of Appeals of any grant of an
application for a change of zone, variance, special permit, subdivision
or site plan approval or which is required by ordinance or local law
must be maintained by the owner of the property or any of the owners,
successors in the interest or assignees.
(4)
Where required by the Planning Board, all landscaping, trees and
planting material adjacent to parking areas, loading areas or driveways
shall be protected by barriers, curbs or other means from damage by
vehicles and from stormwater runoff.
(5)
The preservation of mature shade trees, ridgelines, vegetation and
unique site features, such as stone walls, shall be required to the
maximum practical extent. These, however, may be used to meet requirements
of this section, provided the Building Inspector or Planning Board,
as the case may be, determines that the purpose of this section is
achieved.
(6)
Where lot size and shape or existing structures make it infeasible
to comply with the requirements for a front landscaped area or landscaped
parking area, the Planning Board may approve planters, plant boxes
or pots containing trees, shrubs and/or flowers to comply with the
intent of these regulations.
(7)
Buffer area. A buffer area shall be required along all boundaries
of a nonresidentially zoned or utilized lot abutting any lot in a
residential district. The regulations shall also apply when the nonresidentially
zoned lot and the lot in the residential district are separated by
a road. Such buffer area shall be located within the boundaries of
the subject property or owned or controlled by the same property.
(a)
The minimum width of buffer areas shall be as follows:
[1]
Village Commercial District: 20 feet.
[2]
Business and Light Industrial District: 30 feet.
[3]
Any district other than a residential district adjoining land
owned or maintained by New York State, Sullivan County or the Village
of Woodridge that has current or potential use as park land: 25 feet.
(b)
The 20 feet nearest the residential district shall be planted
with shrubs, trees and other plantings acceptable to the Planning
Board and having a uniform height of not less than five feet above
ground at the time of planting and set a distance suitable for the
proper maturation of such planting and shall be properly maintained
to afford an effective screen between the two districts. A landscaped
earthen berm, wall or fence of location, height, design and materials
approved by the Planning Board may be required for any portion of
the required planting and/or buffer area. Where the existing topography
and/or landscaping provides adequate screening, the Planning Board
may accept the existing planting and/or buffer area as the required
planting. The Planning Board may also require an increase or permit
a decrease in these requirements if the Board believes that said variation
will better accomplish the objectives of this section.
C.
Front landscaped area. A front landscaped area shall be required
for all uses in all zoning districts. The required landscaped area
shall be covered with grass and other appropriate trees and shrubs
unless maintained in the existing natural cover.
(1)
Nonresidential uses.
(a)
As a minimum, for all nonresidential uses one shade tree having
a minimum caliper of three inches measured four feet from the base
shall be planted within the front landscaped area for each 40 feet
or fractions thereof of lot frontage.
(b)
In the VC Village Commercial District, a landscaped strip shall
be provided a minimum depth of 10 feet contiguous to the front lot
line of the property.
(c)
In districts other than the VC District, a landscaped strip
shall be provided a minimum depth of 20 feet contiguous to the front
lot line of the property.
(2)
Residential uses. A landscaped area at least five feet wide abutting
the front of the principal building shall be provided unless the existing
natural vegetation is maintained between the building and the road
to an equal depth. The purpose of the landscaping is to enhance the
appearance of the use on the lot but not necessarily to screen the
use from view.
D.
Landscaped parking area. In addition to front yard landscape areas
and buffer area requirements, parking areas shall comply with the
following minimum standards:
(1)
All uses required to provide 20 or more off-street parking spaces
shall have at least 10 square feet of interior landscaping within
the paved portion of the parking area for each parking space and at
least one tree with a minimum two-and-one-half-inch caliper for every
10 parking spaces or fraction thereof.
(2)
Each separate landscaped area shall contain a minimum of 100 square
feet, shall be planted with grass or shrubs and shall include at least
one tree of not less than two-and-one-half-inch caliper.
(3)
A landscape area shall be provided along the perimeter of any parking
area except that portion of the parking area which provides access.
E.
Planning. The Planning Board may require a landscape plan be prepared
as part of any site plan/special use or site plan application. Such
a plan may also be required whenever any nonresidential use is proposed
in any district so as to buffer parking areas and buildings from the
highway, each other and other uses. Where it is determined that a
proposed use would not have a significant impact on the natural environment,
adjoining landowners or the view from a public highway, these requirements
may be appropriately modified by the Planning Board. The landscape
plan, if required, shall specify locations of all mature shade trees
or other species of six-inch caliper or greater and indicate existing
vegetation to be removed or preserved. It shall demonstrate how building
materials, colors, and textures will be blended with the natural and
man-made landscape. It shall also include visual depictions of the
proposed landscape from the perspective of persons who will view the
site from the highway or adjoining properties. Specific locations,
varieties, sizes, winter hardiness, and schedules for all proposed
plantings shall, too, be provided as part of the plan. The Planning
Board, in reviewing a landscape plan, may employ the assistance of
design professionals. The Planning Board shall also specifically consider
the following before approving, approving with modifications or disapproving
the special use:
(1)
The plan should promote attractive development, preserve existing
vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
(2)
The plan should use landscaping to delineate or define vehicular
and pedestrian ways and open space.
(3)
The plant material selected should be of complementary character
to buildings, structures and native plant species and be of sufficient
size and quality to accomplish its intended purposes.
(4)
The plan should effectively buffer the activity from adjoining land
uses as may be necessary and soften the impact of other site development
as contrasted with the natural environment.
(5)
The plan should be realistic in terms of maintenance and use materials
which, as a minimum, are winter hardy to Zone 4.