§ 6.1. Supplementary parking and loading regulations applicable to all districts.


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  • 6.1.1.  Offstreet parking requirements. Offstreet parking spaces, open or enclosed, are permitted accessory to any use as listed in the use table, subject to the following provisions:

    6.1.1.1.  ["Single lot" defined; uses not specifically listed.] Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate offstreet parking requirements for uses which do not have specific parking requirements listed in the use table shall be determined by the planning board upon consideration of all factors entering into the parking needs of each such use.

    6.1.1.2.  Areas computed as parking spaces. Areas which may be computed as open or enclosed offstreet parking spaces include any private garage, carport, or other paved 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.

    6.1.1.3.  Size of spaces. Minimum parking space width shall be nine feet, minimum length shall be 19 feet. Entrance and exit lanes shall not be computed as parking spaces except for driveways for one-family and two-family residences as set forth in section 6.1.1.2.

    6.1.1.4.  Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one 12-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 offstreet parking area shall be located within 50 feet of any street intersection.

    6.1.1.5.  Drainage and surfacing. All open parking areas shall be properly drained and all such areas shall be provided with a dustless surface such as blacktop, concrete, etc.

    6.1.1.6.  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 or [of] required spaces in such joint facilities shall be not less than the total required for each such establishment.

    6.1.1.7.  Combined Spaces. When any lot contains two (2) or more uses having different parking requirements, the parking requirement 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 planning board may reduce the total parking spaces required for that use with the least requirement. Notwithstanding the foregoing, where one or more of the uses is a nonconforming use as defined in section 8.2 of this appendix, such use or uses shall not be included in computing the offstreet parking requirements for the site. Similarly, any building determined to be a noncomplying building as defined in section 8.3 of this appendix shall be exempt from the offstreet parking requirements of this article for so long as said building remains entitled to the protection of that section.

    6.1.1.8.  Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided all spaces therein are located within 200 feet walking distance of such lot. In all cases such parking spaces shall conform to all 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 use to which the spaces are accessory are [is] permitted in such residence districts or upon approval by the planning board. Such spaces shall be in the same ownership as the use 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 (a) throughout the existence of such use to which they are accessory, or (b) until such spaces are provided elsewhere.

    6.1.1.9.  On lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district, unless the use to which they are accessory is permitted in such district, or upon approval of the planning board.

    6.1.1.10.  Parking lots near residence districts. When the lot on which parking spaces are located abuts the rear or side lot line of, or is across the street from, any land in a residential district in the Village or Town of Goshen other than publicly owned land, a wall, fence or evergreen planting shall be maintained so as to screen substantially the parking lot from view from the nearest property in the residential zone. The screening shall be maintained in good condition at all times.

    (L.L. No. 5-2001, § 6, 12-17-01)

    6.1.1.11.  Multiple uses in single structure. When two or more uses that require offstreet parking spaces are located in a single structure, the separate parking requirement for each use shall be applied.

    6.1.2.  Offstreet loading requirements. Offstreet loading berths, open or enclosed, are permitted accessory to any use (except residences) subject to the following provisions:

    6.1.2.1.  Uses for which required. Accessory offstreet loading berths shall be provided for any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements.

    (a)

    For a public library, theater or similar building for public assembly, museum, or similar quasipublic institution, or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution of children or the aged, or school, with floor area of 10,000 square feet, one berth; for each additional 25,000 square feet or fraction thereof, one additional berth.

    (b)

    For buildings with professional, governmental, or business office, or laboratory establishment, with floor area of 10,000 to 25,000 square feet or fraction thereof up to 100,000 square feet, one additional berth; for each additional 50,000 square feet or fraction thereof, one additional berth.

    (c)

    For buildings with offices and retail sales and service establishments, one berth for 8,000 to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area or fraction thereof so used.

    (d)

    For undertakers and funeral homes, one berth for each chapel. (Such berths shall be at least ten feet wide, 20 feet long, and 14 feet high.)

    (e)

    For hotels, one berth for each 25,000 square feet of floor area.

    (f)

    For manufacturing, wholesale and storage uses, and for dry cleaning and rug cleaning establishments and laundries, one berth for 5,000 to 10,000 square feet of floor area in such use, and one additional berth for each additional 20,000 square feet of floor area or fraction thereof so used.

    6.1.2.2.  Size of spaces. Each required loading berth shall be at least 12 feet wide, 55 feet long, and 14 feet high.

    6.1.2.3.  Location and access. Unobstructed access, at least ten 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 section 6.1.2.4. No entrance or exit for any offstreet parking area shall be located within 50 feet of any street intersection. No offstreet loading berth shall be located in any front yard.

    6.1.2.4.  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 requirements.

    6.1.2.5.  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 loading berths shall apply to the entire lot. Loading berths on such a lot may not be located in any residence district, unless the use of which they are accessory is permitted in such district or upon approval by the planning board.

    6.1.3.  Parking regulations in multiple dwelling or attached dwelling developments. Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within ten feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of a two or more family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of the said parking space. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. Parking areas shall be screened by a substantial wall, fence, or thick hedge, approved by the planning board. Generally such screening shall not be less than three feet or more than eight feet in height.

    6.1.4.  Requirements for parking spaces adjacent to lots in any residential district.

    6.1.4.1. Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residence district, the parking lot area shall be screened from such adjoining lot by a substantial wall, fence, or thick hedge, approved by the planning board. Generally such screen shall be not less than three or more than eight feet in height.

    6.1.4.2. Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall, or fence approved by the planning board, located along a line drawn parallel to the street and a distance of 20 feet therefrom; such screening to be interrupted only at points of ingress and egress. Generally no such screening shall be less than three feet or more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.

    6.1.5.  Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.

    6.1.6.  Commercial vehicles.

    6.1.6.1. One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.

    6.1.6.2. One commercial vehicle not exceeding 25 feet in length may be parked within a private garage only in any residence district. Such commercial vehicle may not be parked on the lot except within an enclosed structure.

    6.1.6.3. Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district.

    6.1.7.  House trailers and boats.

    6.1.7.1. The storage or parking and use of a house trailer by any person or persons is hereby prohibited in all districts except that:

    (a)

    One camping trailer not over 25 feet in length may be stored, but not used for any purpose, on an occupied lot in any R-1 or R-2 residence district, and provided that such trailer is not stored within the required yards of said lot nor between the street line and the principal building;

    (b)

    Where a building permit has been issued for the construction or alteration of a building, the building inspector may issue a temporary permit for one trailer for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the building inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Said trailer may be occupied during the term of the temporary permit, and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit by the building inspector the location of said trailer on the lot shall be subject of [to] planning board approval. The planning board may attach to their approval whatever additional conditions it deems necessary to carry out the intent of this ordinance.

    6.1.7.2. Not more than one boat per dwelling unit may be stored on an occupied lot in any residence district provided that such boat is not stored within any required yard of such lot, nor between the street line and the principal building. Storage of boats shall not be permitted on vacant lots in any residence district, unless otherwise approved by the planning board.

(L.L. No. 4-1992, § 2(A), 3-23-92; L.L. No. 1-1998, § 2.6, 3-9-98; L.L. No. 1-2006, § 1, 1-23-06)