§198-48. Design standards.



A. Required off-street parking areas, including drives and accessways, shall be paved with an all-

weather hard-surface material in conformance with applicable specifications of the Town, or alternate hard-surface material as approved by the Town Engineer. The Town Engineer may approve the use of gravel, stone blend or stone-paved drives and parking spaces for single- and two-family dwellings and home occupations, when there will be minimal pedestrian traffic over the area and aesthetics and drainage is a concern, as long as a method to contain loose materials from accumulation on public rights-of-way is proposed and found to be acceptable. The Town Engineer may approve the use of the similar materials or geo- or paver blocks for use in the C-9 Harbor Use District when high groundwater and drainage considerations make such a substitution desirable. This exclusion shall not apply to required handicapped accessible parking spaces in the C-9 Harbor Use District, which shall be paved. [Amended 12-6-1994 by Ord. No. 94-ZC-19; 5-4-2004 by L.L. No. 12-2004]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 12-

2004.



B. Whenever a parking area of a commercial, office or industrial use, including any driveways leading to said parking area, adjoins a residence district, fencing, and a buffer strip of not less than 10 feet in width consisting of dense evergreen, shall be provided. [Amended 12-6-1994 by Ord. No. 94- ZC-19]



C. Any night lighting of parking areas shall be shaded away from adjoining properties and highways.



D. [Amended 2-6-1979 by Ord. No. 79-ZC-19; 12-6-1994 by Ord. No. 94-ZC-191 No parking area shall be located within five (5) feet of a lot line nor within 10 feet of a residence district boundary, with the following exceptions:

(1) Where two (2) parking areas for permitted nonresidential uses adjoin each other, the requirement for no parking within five (5) feet of a lot line may be waived by joint agreement of the two (2) parties, subject to the approval of the site plan review authority and subject to the filing of a formal agreement, between the parties and the town, for cross easements, provided that such waiver results in the connection of two (2) parking areas by either a driveway, a pedestrian walkway or both. Before approving such a waiver, the reviewing authority shall take into consideration whether consolidation will reduce the number of curb cuts, provide easier access for pedestrians and whether public safety shall be enhanced by such consolidation. It may furthermore be required that all or a portion of the buffer so modified be transferred elsewhere on the site in order to provide for landscaped areas that would otherwise have been provided. This waiver does not apply to buffers on individual properties that are required to be in excess of five (5) feet wide. [Amended 6-6-1995 by Ord. No. 96-ZC-4]



(2) The former may be modified where the approving authority determines that said five-foot parking buffer can be better utilized to save existing natural vegetation if shifted elsewhere on the same site.



E. A parking space shall be a surfaced area, enclosed in a building or unenclosed, having an area of not less than three hundred fifty (350) square feet, including driveways, designed for the temporary storage of one (1) automobile. and connected to a street by an all-weathersurfaced driveway which affords satisfactory ingress and egress. Each space shall have dimensions of not less than nine feet by 20 feet, except that the stall length may be reduced when the stall is head-in to a required buffer, provided that the buffer is increased by a corresponding amount, and except that a width of eight (8) feet shall be considered adequate for one- and twofamily dwellings. A maximum of up to ten percent (10%) of all required parking spaces, whether in a building or unenclosed, may be designated for small-car parking, providing an area of approximately three hundred (300) square feet per car, including backup space, aisle and driveway, on all site plans reviewed and approved by the Planning Board. Such spaces shall have a dimension of eight (8) feet in width and eighteen (18) feet in length, except that the stall length may be reduced when it is head-in to a required buffer, provided that the buffer is increased by a corresponding amount. Small-car parking area(s) shall be prominently marked with signs, designating such spaces for small-car parking only, and such restrictions shall be enforced by the property owner. Any area that is in excess of that which the Code would require without small-car parking shall be added to the areas to be landscaped, with trees, in accordance with all of the applicable provisions of the Subdivision Regulations Site Improvement Specifications. [Amended 12-6-1994 by Ord. No. 94-ZC-19; 10-7-1998 by L.L. No. 35-1998]



F. Within a residence district, no parking area required for a nonresidential use, including permitted home occupations, shall be located in the front yard or street side yard, except that this shall not prohibit short term parking in an existing driveway. [Added 12-6-1994 by Ord. No. 94-ZC-19]



G. Driveway cuts through required buffer strips separating permitted nonresidential uses may be allowed by the site plan review authority, who may then modify the requirement for any parking spaces that may be lost by said parking lot consolidation, pursuant to §198-43. [Added 12-6-1994 by Ord. No. 94-ZC-19]



H. Every other double row of parking spaces shall have a landscaped center median. For every double row of parking spaces without a landscaped center median, every seventh front-to-front double space shall have a nine-foot-wide by eight-foot-deep treed landscaped island. The parking stalls at both ends of these islands shall be 16 feet long and shall be designated for subcompact cars only. [Added 12-6-1994 by Ord. No. 94-ZC-19]



§198-49. Modification of requirements by Board of Appeals.



A. The Zoning Board of Appeals may reduce the requirements for off-street parking as set forth in the table of this article upon a finding that the amount of space to be provided is adequate to reasonably serve the use proposed. [Amended 6-25-1991 by Ord. No. 91ZC-259; 12-6-1994 by Ord. No. 94-ZC-19]



B. The Zoning Board of Appeals may grant a special exception to the provisions of §198-44 in regard to an existing building and authorize the expansion or alteration of such building without requiring additional parking upon a finding that such special exception is reasonably necessary to the continuance of an existing use. [Amended 11-14-1972 by Ord. No. 72-ZC-19; 5-12-1992 by Ord. No. 92-ZC-278]



C. (Reserved)



D. (Reserved)



E. Exemption. Notwithstanding any other provision of this chapter, any commercially zoned property built upon at the time of this enactment, proximate to municipal parking facilities and seeking a special use permit pursuant to §198-44C, shall be credited with a number of Parking spaces for commercial use of the property. The number of parking spaces to be credited shall be calculated as the number of spaces at the retail and personal services rate as set forth in §198-47, which is one parking space for every two hundred (200) square feet of gross floor area for one story of building coverage for the entire property. Any intensification of use or enlargement of a premises requiring additional parking, beyond the properties allocation, shall be subject to the fee schedule for use of municipal parking as enumerated in §198-49C. [Added 2-15-1994 by Ord. No. 94-ZC-4]