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 article and Schedule II,
included as an attachment to this chapter. None of the off-street
parking facilities as required herein shall be required for any existing
building or use, unless said building shall be enlarged or the use
of land 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)
Off-street parking space shall be provided as further specified in
this article and shall be furnished with necessary passageways and
driveways. For the purposes of this article, a parking space shall
not be less than 10 feet in width and 20 feet in depth, exclusive
of accessways and driveways.
(2)
Off-street parking areas for nonresidential uses shall provide an
additional area of 100 square feet of area per off-street parking
space to provide sufficient area for access drives and aisles.
(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 they are 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 single- and two-family dwellings) shall be adequately
drained and surfaced with a dustless, durable, all-weather surface,
subject to approval of the Planning Board.
(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, 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 more than two driveways, of not less than 20 feet nor more than
30 feet in width, shall be used as a means of ingress and egress for
each nonresidential use, except where the deviation in the number
of or width of such driveways may be deemed necessary by the Planning
Board because of traffic safety conditions.
(10)
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,
extending if necessary, of the driveway in question. In addition,
a minimum distance of 20 feet shall be maintained between two driveways
located on any one frontage.
(11)
Off-street parking shall not be located in any required front
yard setback areas for nonresidential or multiple-family uses. Off-street
parking may be permitted in rear and side yard areas subject to approval
of the Planning Board. Off-street parking for single- and two-family
dwellings shall be provided on a driveway which provides access to
such residences or a garage which is accessory to such residential
uses.
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 single- 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,
an 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)
When a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area 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. The planted buffer area shall not be less than 10 feet in depth.
D.
Lighting.
(1)
All off-street parking areas and appurtenant passageways and driveways
(excluding areas serving single- 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 reflect the light away from all adjoining property.
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
shall require one parking space.
F.
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 Planning Board shall determine the requirements
for off-street parking facilities. 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.
Required off-street parking space. Required off-street parking space
for specific uses as regulated in this chapter is contained in Schedule
II, included as an attachment to this chapter.
I.
C District parking exceptions. Notwithstanding the provisions of
this article, commercial uses in the C Commercial District shall be
excepted from complying with off-street parking requirements unless
an existing building is expanded or enlarged or a new use proposed
which would generate a demand for 10 or more parking spaces. This
computation of need shall be calculated using the parking standards
for the appropriate use in Schedule II, included as an attachment
to this chapter. Any off-street parking voluntarily provided shall
comply with the development and maintenance provisions of this chapter.
For every building, structure or part thereof having more than
4,000 square feet of gross building area erected and occupied for
commerce and industry, as well as other uses requiring the receipt
and distribution of materials and merchandise by vehicles, adequate
space for loading and unloading services shall be provided and permanently
maintained in order to avoid undue interference with the public use
of streets, alleys, or parking areas. Every building, structure or
addition thereto having a use which complies with the above definition
shall be provided with at least one truck standing, loading and unloading
space on the premises not less than 12 feet in width, 55 feet in length,
and 14 feet in height. One additional truck space of these dimensions
shall be provided for every additional 20,000 square feet, or fraction
thereof, of gross building area.
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 one point of access. Additional
accessways may be approved by the Planning Board based on the need
for such additional access, which is supported by a traffic analysis
prepared and submitted by the applicant.
B.
The use of common access points by two or more permitted uses shall
be encouraged by the Planning 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. 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.
C.
Fifteen-minute parking zones.
(1)
Fifteen-minute parking zones are hereby established as being on the
south side of Main Street in front of the following addresses:
(2)
Any person who violates this subsection shall be subject to a fine
of $10.
(3)
In addition to the fine set forth in Subsection C(2), any police officer or any other authorized enforcement person may direct that any vehicle violating this subsection shall be towed by any party so authorized by said police officer or enforcement person, the costs of said towing and any subsequent storage to be levied against the towed vehicle.
D.
"All night" is defined to be all or any portion of the time between
the hours of 11:00 p.m. and 7:00 a.m.
Ponds shall be considered a special use in all zones of the
Hamlet, and the following regulations must be complied with. Private
swimming pools shall be permitted in any Residential District, provided
that there is an existing residence on said lot, and the following
regulations must be complied with.
A.
Permits.
(1)
Building and zoning permits shall be required for all ponds and private
swimming pools having an area greater than 100 square feet or a depth
greater than 24 inches. This regulation shall apply to all swimming
pools, regardless of whether the pool is temporary or permanent, above
ground or below ground.
(2)
Applications for ponds shall be made to the Planning Board, with
a complete plan of site information accurately drawn showing lot lines,
location of pond, land measurements, drawings and proposed lighting
facilities, if any, and fencing.
(3)
Applications for swimming pools shall be made to the Building Inspector,
with a complete plan of site information accurately drawn showing
lot lines, location of pool, yard measurements, drawings and proposed
lighting facilities, if any, and fencing.
(4)
The cost of the permit shall be based on the fee schedule established
by the Town Board.
B.
Inspection. The Building Inspector shall periodically inspect all
swimming pools and ponds to determine compliance with provisions of
all codes and ordinances, such as the National Electrical Code and
New York State Uniform Fire Prevention and Building Code.
C.
Lighting. If applicable, lighting shall be installed so that no light
may in any way extend beyond the lot lines of the property on which
the pond or swimming pool is located, and shall conform to state building
and electric codes.
E.
Fences. All ponds and swimming pools requiring a permit shall be
completely enclosed by a fence or wall and shall comply with the following:
(1)
Fences shall be at least four feet in height and have a maximum vertical
clearance to grade of two inches.
(2)
Where a picket-type fence is provided, horizontal openings between
pickets shall not exceed four inches.
(3)
Where a chain-link-type fence is provided, the openings between links
shall not exceed 2 3/8 inches.
(4)
Enclosures shall be constructed so as not to provide footholds.
(5)
Pickets and chain-link twists shall extend above the upper horizontal
bar.
(6)
Such enclosure shall have railings and posts within the enclosure,
which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between posts and at top of posts.
(7)
A wall of a multiple dwelling is permitted to serve as part of the
enclosure, provided that there is no direct access from the dwelling
to the pond or swimming pool.
F.
Access. Access to the pond or swimming pool shall be made only through
a lockable gate, a ladder that must be removable or has a protective
gate or via a deck protected with a lockable door or gate. The fence
or wall must deny entry through or under the fence or wall, or by
pushing the fence out of the way.
G.
Lot coverage. Ponds or swimming pools shall not occupy more than
25% of the rear yard area, excluding the area used for buildings and
other structures.
H.
Drainage. The submitted site plan must show that the pond or swimming
pool drainage will not interfere with natural drainage or the property
of adjacent owners.
I.
Temporary fencing. A temporary fence must be installed to a minimum
height of four feet prior to the excavation required for the installation
of the pond or swimming pool, and approved by the Building Inspector.
J.
Maintenance. No pond or swimming pool shall be maintained so as to
create a health hazard. If such a pond or swimming pool is determined
to be a health hazard, the owner of the property where the pond or
swimming pool is located shall be guilty of an infraction punishable
by a fine of not more than $250 and/or jail term of up to 15 days.
K.
Certificate of compliance. The pond or swimming pool shall not be
filled or operational with water until the Building Inspector approves
the construction and issues a certificate of compliance.
L.
Compliance with New York State regulations. Applications for swimming
pool permits shall comply with these regulations and all applicable
requirements of the State of New York. Where the regulations of this
chapter and state regulations are inconsistent, the more restrictive
requirements shall govern.
