Off-street parking and loading spaces shall be provided at the
time a new use is established through construction of a new building
or alteration or conversion of an existing building, in accord with
the following standards and regulations.
A. Off-street parking.
(1) Required parking spaces. Off-street parking spaces shall be provided as follows, except where specifically waived in §
123-26A(2)(g) below. For any use not listed below or when interpretations are needed, the Planning Board shall determine off-street parking requirements when site plan review is required, while the Zoning Enforcement Officer/Building Inspector shall make said determination in all other cases.
Table 26-1: Off-Street Parking Standards
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Type of Use
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Minimum Number of Parking Spaces
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Residential and Related Uses
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One-family residences
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2 for each dwelling detached unit
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Short-term rentals
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1 for every 2 bedrooms (minimum of 164 square feet of parking
area per vehicle required)
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Apartments and townhouse dwellings
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2 for each dwelling unit
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Public, Institutional, Cultural and Related Uses
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Use or assembly
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1 for every 5 seats
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Places of public assembly, clubs and fraternal organizations
and recreation facilities
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1 for every 4 seats in the largest hall or meeting area or for
every 4 members, whichever is greater
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Cultural venues, performing arts center, or similar use
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1 for every 500 square feet of gross floor area, or 1 space
for each 4 seats, whichever is greater
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Hospital
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1 for every 2 beds
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Convalescent home
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1 for every 4 beds
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Bed-and-breakfast
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1 for every 2 beds
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Home occupation
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1, plus 1 additional for any nonresident employee in addition
to those spaces required for residential use
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Day-care center or nursery school
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1 per staff member plus 1 per classroom
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Commercial and Related Uses
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Banks
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3 for each teller or service window
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Retail stores or service establishments
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1 for each 250 square feet of gross floor area
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Convenience stores
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1 for each 150 square feet of gross floor area, plus 1 for every
2 seats for in-store food service
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Professional or business offices
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1 for each 250 square feet of gross floor area
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Medical and dental offices
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4 per doctor or dentist plus 1 for each additional employee
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Restaurants and bars
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1 for every 3 seats or 100 square feet of gross floor and bar
area, whichever greater
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Theaters and similar places of public assembly or recreation
activity
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1 for every 4 seats or participants or 500 square feet of gross
floor area, whichever is greater
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Funeral homes
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1 for each 3 seats provided under maximum occupancy
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Hotels, motels and resorts
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1 per guest room, plus 1 for every 3 employees
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Breweries
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1 space per employee on the largest shift, plus 1 space per
4 seats in any tasting room or other visitor facility open to the
general public
Minimum: 1 per 1,500 square feet of gross floor area
Maximum: 1 per 300 square feet of gross floor area
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Marina
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0.60 spaces per slip, plus 1 space for each 2 employees
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Heavy Commercial and Industrial Uses
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Wholesale, storage and warehousing
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1 for every 2,500 square feet of gross floor area
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Light assembly, general industrial and similar uses
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1 for each 400 square feet of gross floor area
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Automotive sales and repair
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1 for each 200 square feet of sales area and 1 for each 500
square feet of service area
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Other industrial or heavy commercial uses
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1 for each 500 square feet of gross floor area
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(2) Supplementary parking regulations.
(a)
Maximum allowed number of spaces.
[1]
The number of spaces provided for any particular use in ground
surface lots, excluding designated handicapped parking spaces, shall
not exceed the number of spaces required by this article by more than
25%.
[2]
Spaces provided within the building footprint of structures,
such as in rooftop parking or below-grade parking, shall not count
towards the maximum number of allowed spaces.
[3]
Spaces provided in multilevel parking above or below surface
lots shall not count towards the maximum number of allowed spaces.
(b)
Parking for disabled persons. Parking spaces for disabled persons
shall comply with the current Americans with Disabilities Act or New York State Uniform Fire and Prevention and Building
Code standards, whichever are more stringent.
(c)
Areas computed as parking spaces. Areas which may be computed
as open or enclosed off-street parking spaces include any private
garage, carport or other area available for parking, other than a
street or a driveway. However, a driveway within a required front
yard for a one-family or two-family residence may count as one parking
space.
(d)
Size of spaces. Minimum parking stall width shall be nine feet,
the minimum length shall be 18 feet.
(e)
Access. Unobstructed access to and from a street shall be provided.
Such access shall consist of at least one ten-foot lane for parking
areas with less than 20 spaces and at least two ten-foot lanes for
parking areas with 20 spaces or more. No entrance or exit for any
off-street parking area shall be located within 50 feet of any street
intersection, except for one- and two-family residences.
(f)
Drainage and surfacing. All open parking areas shall be properly
drained, and all such areas shall be provided with an approved dustless
surface, except for parking spaces accessory to a one-family or two-family
residence.
(g)
Joint facilities. Required parking spaces, open or enclosed,
may be provided in spaces designed to serve jointly two or more establishments,
whether or not located on the same lot, provided that the number of
required spaces in such joint facilities shall be not less than the
total required for all such establishments, unless waived or modified
in accordance with this section.
(h)
Ownership. Required accessory parking spaces, open or enclosed,
shall be provided upon the same lot as the use to which they are accessory.
However, upon approval by the Planning Board, such spaces may be provided
on a separate site, provided that all spaces are located within 300-foot
walking distance of the lot on which the use is located. In all cases,
such parking spaces shall conform to the regulations of the district
in which the parking spaces are located, and in no event shall such
parking spaces be located in any residence district unless the uses
to which the spaces are accessory are permitted in such residence
district. Such off-site spaces shall be in the same ownership as the
property to which they are accessory and shall be subject to deed
restriction, approved by the Planning Board, binding the owner and
his heirs and assigns to maintain the required number of spaces available,
either throughout the existence of such use to which they are accessory
or until such spaces are provided elsewhere.
(i)
Waiver of parking requirements. Off-street parking requirements
may be waived, in part, in the following cases:
[1]
For nonresidential uses proposed within the Broadway Commercial
(BC) or Rondout Gateway (RG) Zoning Districts, the Planning Board
may waive up to 35% of all off-street parking spaces required by this
chapter under the following conditions:
[a] There is either permitted on-street parking and/or
a public parking lot located within 500 feet of the proposed nonresidential
use; and
[b] The project site provides the required on-site
accessible parking space(s) in accordance with applicable laws.
[2]
Senior citizen housing. Where housing is designed specifically
for and occupied by persons 55 years of age or older, required off-street
parking may be reduced to one space for every two dwelling units.
[3]
Joint use of spaces for mixed-uses. In the case of two or more
uses located on the same lot, the sum of the space required for all
uses individually may be reduced to an amount no less than 100% of
the largest number of spaces required by any single use, upon a determination
by the Planning Board that such a reduced amount of parking space
will be adequate to serve all uses on the lot due to their different
character and hours of operation.
[4]
Preexisting uses. Structures and uses in existence as of the
effective date of this chapter shall not be subject to the parking
requirements herein. However, if the parking spaces serving such structure
or use are less than would be required by this chapter, they shall
not be reduced; and, if the structure or use is expanded, additional
parking spaces in the appropriate amount required in Subsection A(1)(a)
above shall be provided to serve such expanded area.
(j)
Location of parking spaces.
[1]
In any residential district, no open or enclosed parking area
for five or more vehicles shall encroach on any required front yard.
Parking areas may extend into a required side or rear yard to within
10 feet of a side or rear lot line.
[2]
In business and industrial districts, open parking areas shall
not extend within 10 feet of a street or right-of-way line or within
15 feet of a property line in a residential district.
(k)
Screening and landscaping of parking areas.
[1]
Parking areas of five or more cars which are adjacent to or
across the street from properties in a residential district shall
be screened from the view of such properties by a combination of walls,
fences or hedges.
[2]
All areas in a parking lot not required for parking space or
access drives shall be suitably landscaped and maintained. A landscaping
plan for parking areas shall be submitted for those uses requiring
site plan review by the Planning Board.
(l)
Commercial vehicles. The following regulations shall apply only to commercial vehicles as defined in Subsection
A(2)(l)[1] below:
[1]
The term "commercial vehicle" shall include any vehicle with
a gross vehicle capacity of more than 15,000 pounds used to transport
people, goods or materials as part of a business or service and shall
include such equipment as bulldozers, backhoes, etc. The term "commercial
vehicle" shall not apply to a pickup truck or van with a gross vehicle
capacity of less than 15,000 pounds.
[2]
Commercial vehicles may be parked regularly on a lot in any
residence district subject to the following:
[a] The vehicle must be owned and/or regularly operated
by a permanent resident of a residence located on the same or an adjacent
lot.
[b] The vehicle shall not be parked within a public
road right-of-way.
[3]
Parking or storage of a commercial vehicle on a nonresidential lot shall not be permitted unless the vehicle is directly associated with an approved use located on the same lot or an adjacent lot and the vehicle complies with the requirements of Chapter
113, Vehicles, Abandoned, of the Code of the Town of Esopus.
[4]
Farm vehicles are permitted as accessory to a farm use in any
residential district and are not subject to the above requirements,
except that farm vehicles shall not be parked in public rights-of-way.
[5]
This section shall not apply to the temporary or occasional
parking of delivery or service vehicles in the course of performing
their normal duties for a resident of the property.
[6]
This section shall not be deemed to permit the operation or
conduct of any commercial activity on a lot unless such activity has
received all approvals required by this chapter.
(m)
General provisions. Commercial parking areas shall be reserved
for the parking of vehicles for customer or employee use. There shall
be no servicing or dismantling of automobiles or other vehicles, and
no part of any parking lot shall be used for the sale, storage or
abandonment of any articles or goods. This provision shall in no way
apply to any customary vehicle maintenance carried out by a resident
at his or her residence.
(n)
Storage containers.
[1]
Not more than two storage containers shall be allowed on any
residential lot and not more than three on a nonresidential lot, unless
otherwise exempted or approved pursuant to this chapter.
[2]
Permanent use of a storage container.
[a] Residential use. The placement or use of storage
containers for permanent use as an accessory storage building on a
residential lot shall be prohibited.
[b] Nonresidential use. The placement or use of up
to three storage containers for permanent use as an accessory storage
building on a nonresidential lot may be permitted with a building
permit. More than three storage containers shall require site plan
approval in accordance with this chapter.
[3]
The use of storage containers for farm operations, as defined by this chapter, shall be exempt from the limits and requirements of this chapter, except Subsection
A(2)(n)[6],
[7] and
[9] below.
[4]
The placement or use of storage containers for temporary purposes
shall be permitted under the following circumstances.
[a] A structure is undergoing construction, repair,
alteration, or reconstruction, for which a building permit has been
issued. The storage container shall be removed from the premises upon
issuance of a certificate of occupancy or certificate of compliance,
or such time as the Code Enforcement Officer deems the project complete.
[b] The storage container is being used to store belongings,
inventory or other materials in connection with a disaster, i.e.,
fire, flood, etc. The storage container shall be removed from the
premises upon issuance of a certificate of compliance, demolition
of the structure, or such time as the Code Enforcement Officer deems
the project complete.
[c] At the discretion of the Code Enforcement Officer,
for extenuating circumstances, and/or limited time periods.
[5]
Not to exceed 10 feet in width, 20 feet in length, and 10 feet
in height on a residential lot.
[6]
Storage containers intended for temporary use shall maintain
a minimum setback of five feet from all property lines and five feet
from the nearest building. Storage containers intended for permanent
use shall meet the minimum setbacks for accessory structures in accordance
with this chapter.
[7]
Toxic or hazardous material is prohibited.
[8]
Located on an impervious surface, if available.
[9]
A storage container shall not be located on a street, right-of-way,
or sidewalk, nor in a location that blocks or interferes with vehicular
and/or pedestrian circulation, and shall comply with all regulations
for the purpose of ensuring safe ingress to and egress from buildings,
access to utility shut-off valves, and for fire protection.
(o)
Recreational vehicles.
[1]
Recreational vehicles may be stored on any occupied lot in any
district, provided that such vehicles are not occupied as a permanent
residence and are not stored within any required front yard of such
lot. For the purposes of this chapter, an "occupied lot" in any district
shall mean a lot that is occupied by a use. The Zoning Enforcement
Officer may grant permission to park a recreational vehicle in the
required front yard upon a determination that the location of buildings
on the site, topography or other physical limitations render other
alternatives infusible.
[2]
Recreational vehicles are not permitted as permanent residences
in any zoning district. Stored recreational vehicles shall not be
used for permanent living, sleeping or housekeeping purposes. Recreational
vehicles shall not be used as storage sheds.
[3]
Recreational vehicles may be temporarily occupied on any occupied
lot in any residential district for two separate time periods not
to exceed 14 days per time period during a calendar year.
B. Off-street loading.
(1) Loading requirements vary with the specific uses proposed. Loading
requirements shall ensure, to the extent feasible, that trucks can
unload cargo in a manner that does not interfere with pedestrian and
automobile traffic on public roads. Requirements for the number and
location of loading facilities shall be established by the Planning
Board during site plan review, or the Code Enforcement Officer/Building
Inspector when no site plan review is required, and based upon the
following:
(a)
The expected number of vehicles using the loading facilities
at times of peak usage.
(b)
The type of business, size of the structure, and size of vehicles
to be servicing the structure.
(c)
The need to ensure pedestrian and automobile safety by separating
loading operations from pedestrian and automobile circulation.
(d)
The need to screen vehicles and loading facilities from publicly
accessible areas as well as from abutting properties, including the
need for vegetative screening, buffers, and/or fencing.
(e)
The desirability of requiring service roads or alleys to achieve
the purposes of this section.
(f)
Applicable planning and engineering standards, adapted to achieve
the purposes of this section.
(g)
Other operational characteristics of the business or physical
characteristics of the site deemed relevant by the Planning Board.
(2) Notwithstanding the above, the location and dimensions of loading
berths shall comply with the following:
(a)
All off-street loading berths shall be located on the same lot
as the use for which they are required.
(b)
Open off-street loading areas shall not encroach on any required
front or side yard, off-street parking area or accessway.
(c)
No loading berth shall be located within 50 feet of a property
line in a residential district or within 10 feet of any other property
line.