Town of Clarkstown, NY Article VI Off-Street Parking and Loading

§ 290-22 Permitted accessory parking.

[Amended 8-7-1974]

A. Residential districts. Off-street parking spaces open and enclosed are permitted accessory to any residential use, provided that:

(1) There shall be no limitation on the number of agricultural vehicles permitted accessory to an agricultural use.

(2) One currently registered commercial vehicle, not exceeding 6,500 pounds' gross weight, may be permitted to park in an open parking space, adequately screened, in a residential zone, provided that such parking will not be in the required front or rear yard, or within 10 feet of a side lot line, except where there are driveways abutting lot lines or common driveways in use by two or more homes.

[Amended 3-22-2016 by L.L. No. 5-2016]

(3) One currently registered unoccupied trailer or mobile home, boat, or utility trailer may be permitted to park in an open parking space, adequately screened, in a residential zone, provided that such parking will not be in the required front or rear yard or within 20 feet of a side lot line or building, except where there are driveways abutting lot lines or common driveways in use by two or more homes.

B. Nonresidential districts. There shall be no limitation on the number of agricultural vehicles permitted accessory to an agricultural use.

C. Electric vehicle charging.

[Added 7-18-2017 by L.L. No. 7-2017]

(1) Purpose. This section addresses electric motor vehicle charging stations located in parking lots. Electric vehicle use supports the Town of Clarkstown transportation and environmental goals of the Clarkstown Comprehensive Plan by reducing commercial and personal vehicle emissions and thereby mitigating impacts from mobile pollution sources.

(2) Permitted uses.

(a) Level I and Level 2 electric vehicle charging station(s) shall be permitted in the CO, COS, CS, H1, H2, H3, H4, HC, LIO, LO, LS, M, MRS, NS, PED, PO and RS Zoning Districts to serve commercial and public vehicles. Level 1 and Level 2 charging stations may be located adjacent to public parking stalls, following the guidelines included in this section.

(b) Electric vehicle charging station(s) with a Level 3 or greater charging level shall be permitted in the CO District for commercial vehicles only. Level 3 charging equipment must be installed in a parking lot at a commercial or municipal destination, or located in a vehicle service station.

(3) Off-street parking: electric vehicle charging station spaces.

(a) Applies to all parking lots or garages, except those that include restricted electric vehicle charging stations. The regulations in this subsection provide a framework for the situation in which a private property owner chooses to provide electric vehicle charging stations.

(b) Minimum parking requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of code. Notwithstanding any other parking requirements within the Town Code, the minimum stall size for electric vehicle charging station spaces shall be nine feet by 18 feet.

(c) Location and design criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following criteria are provided as guidelines only. Further detail is available through the site plan review process.

[1] Where provided, parking for electric vehicle charging purposes is required to include the following:

[a] Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced.

[b] Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

[c] Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of the Clarkstown Town Code.

[d] Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.

[2] Parking for electric vehicles should also consider the following:

[a] Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information.

[b] Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s).

(d) Data collection. The owner of any private publicly available electric vehicle charging station shall provide the station's geographic location, date of installation, equipment type and model, and owner contact information to the Town of Clarkstown upon construction or installation.

(4) Accessible electric vehicle charging stations.

(a) Number of accessible stations. Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table. These accessible spaces are in addition to ADA spaces required in the Town Code. The intent is to ensure that electric vehicle charging stations are accessible to users with a wide range of physical needs.

Table 290-22, C.4.a-1
Schedule of Accessible EV Charging Stations
Number of EV Charging Stations	Minimum Accessible EV Charging Stations
1 to 50	1
51 to 100	2
101 to 150	3
151 to 200	4
201 to 250	5
251 to 300	6

(b) Proximity to buildings. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. Figures 290-22, C.4.b-1 and 290-22, C.4.b-2 illustrate two options for providing for accessible electric vehicle charging stations.

Figure 290-22, C.4.b-1.

Off-Street Accessible Electric Vehicle Charging Station (1)

Figure 290-22, C.4.b-2.

Off-Street Accessible Electric Vehicle Charging Station (2)

(5) Electric vehicle charging station review.

(a) New commercial and industrial construction. If associated with new construction, installation of a battery charging station shall be processed in association with the underlying permit(s).

(b) Retrofitting a commercial site. If retrofitting an existing commercial site for a battery charging station(s), an electric permit and review of a site plan by the Building Inspector to confirm the proposed locations will be required. Additional permits may be required based upon the location of the proposed station(s).

(6) Design criteria. The following criteria shall be applied to the location and design of all electric vehicle charging facilities.

(a) Parking spaces for electric vehicles must be located in the most convenient locations in order to encourage electric vehicle use.

(b) Design should be appropriately suited to the location. Equipment should be readily identified and match the scale and plan of the surrounding parking area.

(c) Spaces may be designated as serving only electric vehicles at the discretion of the parking facility owner and/or operator.

§ 290-23 Permitted accessory loading berths.

[Amended 3-22-2016 by L.L. No. 5-2016]

Off-street loading berths, open or enclosed, are permitted accessory to any use except residences for one or two families, subject to § 290-25. However, no off-street loading berth shall be located within a required front yard.

§ 290-24 Required off-street parking spaces.

A. Applicable to all uses. Accessory off-street parking spaces open or enclosed, shall be provided for any lot for any use specified in Use Table, Column 6.[1] Any land which is developed as a unit under single ownership and control with uses subject to the regulations of Use Table, Column 6, shall be considered a single lot for the purpose of such regulations.

[1] Editor's Note: For off-street parking requirements in residential districts, see Table 2, Residential Zoning Districts Parking and Loading Requirements, included as an attachment to this chapter.

B. Areas counted as parking spaces. Areas which may be counted 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, except that a driveway within a required front yard for a single-family or two-family residence may count as one parking space.

C. Location and ownership or control of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere within 1,000 feet of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which they are located; and in no event shall such parking spaces be located in any residential district, unless the uses to which they are accessory are permitted in such districts. Such spaces shall be in the same ownership as or under lease for parking purposes for a term of at least 20 years to the use to which they are accessory, and, in the case of ownership, shall be subject to deed restriction, filed of record with the County Clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available throughout the existence of such use to which they are accessory.

D. Size of spaces. Except for within CS, RS, H1, H2, H3,H4 and MRS Districts, and electric vehicle charging station parking stalls pursuant to § 290-22C, 300 square feet shall be considered one parking space, including standing area and aisles for maneuvering. Entrance and exit roadways shall not be computed as parking space, except for single-family and two-family residences as in Subsection B, and shall be provided in addition to required parking space. In CS, RS and MRS Districts, the size of the parking spaces, their layout and provisions for standing areas, aisles for maneuvering, entrances and exit roadways shall be as shown on the site plan.

[Amended 5-7-2013 by L.L. No. 3-2013; 7-18-2017 by L.L. No. 7-2017]

E. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one twelve-foot lane for parking areas with less than 20 spaces and at least two twelve-foot lanes for parking areas within 20 or more spaces. No parking space should be within 30 feet of any entranceway to a parking field having a capacity of 20 or more autos.

F. Drainage and surfacing. All open parking areas shall be properly drained and all such areas shall be provided with a dustless surface, except those accessory to a single-family or two-family residence, an agricultural use, an athletic field or a stadium. Open parking areas, including accessways and driveways from streets accessory to multifamily uses, shall be paved with a hard-top surface upon a suitable subgrade and of highway materials which have been proven satisfactory within the town. The base shall be properly drained and suitably constructed to support the contemplated traffic load.

G. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designated 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 not be less than the total required for all such establishments. For shared parking allowances with joint facilities in the H1, H2, H3 or H4 Districts, see § 290-7.5I(11).

[Amended 6-4-2013 by L.L. No. 4-2013]

H. Combined uses. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Board of Appeals may reduce the total parking spaces required by 50% of the parking spaces required for that use with the least requirement. For parking allowances with combined or staggered uses in the H1, H2, H3 or H4 Districts, see § 290-7.5I(11).

[Amended 6-4-2013 by L.L. No. 4-2013]

§ 290-25 Required off-street loading berths and loading areas.

[Amended 3-22-2016 by L.L. No. 5-2016]

A. Where required. Accessory off-street loading berths and loading areas shall be provided for any lot for any use specified in Column 7 of the Use Tables and Table 2, Residential Zoning Districts Parking and Loading Requirements.[1] Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of such requirements.

[1] Editor's Note: The Use Tables and Table 2 are included as attachments to this chapter.

B. Size, location and access. Each required loading area shall be at least 12 feet wide by 20 feet long. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high and may be located either within a building or in open space but not within required accessory off-street parking spaces or accessory drives thereto. Unobstructed access at least 12 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection C.

C. Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such establishments.

D. Open loading berths are permitted, provided that they are not located in the required front or side yards and are not adjacent to a residential district or residential use permitted by right. No loading area shall be permitted within 50 feet of any property line, and this setback shall be screened.

E. Completely enclosed loading berths are permitted in all yard areas except the front yard; however, no enclosed loading berth, enclosed loading area or driveways serving either a loading berth or loading area shall be located within 25 feet of any property line.

F. All loading berths, loading areas and driveways serving either a loading berth or loading area shall be illuminated with indirect lighting and shall have access only from a major or secondary road as classified on the Official Map of the Town of Clarkstown.

§ 290-26 Additional regulations.

A. Access near street corners. No entrance or exit for any accessory off-street parking area with over 20 parking spaces or any loading berth shall be located within 50 feet of the intersection of any two street lines.

B. Screening and floodlighting. Any part of any off-street parking area with 10 or more spaces and any loading berth located in or within 50 feet of any R District shall have a screen between the same and all lots within such R District, including those, if any, located across a street. If floodlighting is used, it shall be arranged so as to eliminate the glare of lights towards nearby residential lots.

C. On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residential district, unless the use to which they are accessory is permitted in such district. [For exceptions by Board of Appeals, see § 290-32C(3).]

D. For RS and MRS Zones. Access to accessory parking spaces and loading berths located within an area in the RS or MRS Districts shall be from a major road only, as defined in Article V, § 290-20A(1) of this chapter, with the exception that the aforesaid access may be provided from any other road upon express resolution of the Town Board.

[Amended 1-26-1977]