PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE IX, Off-Street Parking and Loading

§ 190-76. General Provisions.

Off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and special exception uses of buildings, structures and lots in amounts not less than those specified in this article.

(back to top)

§ 190-77. Location of parking areas. [Added 8-17-1992 by L.L. No. 9-1992; amended 6-15-1998 by L.L. No. 4-1998]

In all residential districts, parking areas shall be provided only in the side or rear lot areas. Parking in all nonresidential districts shall be in accordance with Article IX of this chapter; provided, however, in a General Commercial District, a parking area located in the front lot area shall be set back a minimum of 40 feet from the front lot line. The forty-foot area between the front lot line and the parking area shall be known as a green area and shall be planted with grass, trees and shrubs or plants to provide screening of the parking area. The parking area located in the front lot area shall consist of only one row of parking spaces and a necessary aisle.

(back to top)

§ 190-78. Buffers and screening. [Added 8-17-1992 by L.L. No. 9-1992]

  1. The visual impact of parking areas upon Village character will be reduced through landscaped buffers whose width at the roadside edge shall be based upon the length of the parking area exposed to the street (but which shall in no case be less than six feet in width).
  2. In nonresidence districts, parking lots containing 10 or more spaces shall be planted with at least one tree per eight spaces, no smaller than two inch caliper (trunk diameter at four feet height), each tree being surrounded by no less than 40 square feet of permeable, unpaved area.
  3. In nonresidence districts, parking areas must also be screened along lot lines bordering institutional or residential uses. Screening shall consist of a landscaped area at least six feet wide, densely planted with a mixture of deciduous and evergreen trees and shrubs and shall create an effective visual barrier. All trees shall be a minimum of two inch caliper (trunk diameter) when planted. Native trees and shrubs shall be planted wherever possible in order to capture the spirit of the locale through indigenous species (such as lilac, viburnum, day lilies, ferns, red-twig dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.).
  4. In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the Planning Board may adjust the application of the above-mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards.

(back to top)

§ 190-79. Determination of parking requirements.

  1. The requirement for a single use (e.g. a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this article.
  2. In the event that several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately. If a portion of the floor area, not less than 100 contiguous square feet, in a retail store will be used exclusively for storage of merchandise which is not being displayed for sale, such space may be deducted in computing parking requirements, but the owner shall not thereafter use the space for any other purpose without furnishing additional off-street parking as required by this article. [Amended 8-17-1992 by L.L. No. 9-1992]
  3. When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.
  4. If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as for the most similar listed use.
  5. A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a single- or two-family dwelling.
  6. Uses which require approval pursuant to the special exception use procedure set forth in Article XIII may be required to provide off-street parking spaces in excess of the requirements of this section, as is indicated in Article XIII.
  7. 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 any point of 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 or other appropriate written document to establish the joint use. [Added 2-12-1991 by L.L. No. 2-1991; amended 8-17-1992 by L.L. No. 9-1992]
  8. Off-street parking spaces for dwellings shall be located on the lot with the dwelling. Other required parking spaces shall be located on the same parcel or on another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building. The burden of proving the existence of such off-premises parking arrangements rests upon the person who has the responsibility of providing parking. [Added 8-17-1992 by L.L. No. 9-1992]
  9. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use. [Added 8-17-1992 by L.L. No. 9-1992]

(back to top)

§ 190-80. Schedule of off-street parking requirements.

Off-street parking space requirements are as follows:

Use Number of Spaces
Residential uses  
Single- and two-family dwellings 2 per dwelling unit
Multiple dwellings 2 per dwelling unit
Residential membership clubs or fraternities 1 per residence unit, plus 1 per each 2 employees on the premises at 1 time
Accessory apartments [Added 2-12-1991 by L.L. No. 2-1991; amended 2-12-1991 by L.L. No. 5-1991] 2 per accessory apartment
Senior citizen housing [Added 8-17-1992 by L.L. No. 9-1992] 1 per dwelling unit
Nonresidential uses [Amended 8-17-1992 by L.L. No. 9-1992]  
Auditoriums, church convention halls, gymnasiums, stadiums, theaters, studios or other places of public assembly not otherwise classified 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided
Banks and savings and loan associations Same as office
Bed-and-breakfasts [Added 2-12-1991 by L.L. No. 2-1991] 1 per guest room
Bowling alleys 4 per alley
Drive-through facilities [Added 8-17-1992 by L.L. No. 9-1992] 5 waiting spaces per drive- through lane
Funeral homes 1 per 40 square feet of public room floor area
Filling stations, parking garages and repair garage Sufficient parking spaces for all vehicles
stored or being serviced at any 1 period of time, plus a minimum of 5 additional spaces
Home occupations, home professional offices 2 for the first 150 square feet of area given over to this of component of the land use, plus 1 for each addi- tional 150 square feet or fraction thereof, but in no case less than 2 spaces
Hotels, motels 1 per guest bedroom plus 1 per each 2
employees on the premises at 1 time
Manufacturing or industrial establishments, research institutes or laboratory Parking area equivalent to the total ground coverage of the use, with a minimum of 2 improved spaces per 3 employees on the premises at 1 time, but in no case less then 2 spaces
Nursery schools or day-care center [Added 8-17-1992 by L.L. No. 9-1992] 1 parking space per teacher/ employee on the largest shift, plus one (1) off-street automobile waiting space for six (6) students
Nursing homes 1 per each 2 beds plus 1 per each 2 employees on the premises at 1 time
Offices, office buildings [Added 8-17-1992 by L.L. No. 9-1992] 1 per 250 square feet of gross floor area
Public or semipublic art galleries, libraries or museums Same as auditoriums, etc.
Restaurants, clubs 1 per 4 permanent seats or the floor area equivalent
Retail stores, personal service stores 1 per 200 square feet of gross floor area
Schools 1 per employee plus 1 per each 8 students in the 12th grade or above, or the parking requirement for the auditorium or gymnasium component of the use, whichever is the greater
Shops for custom work 1 per 150 square feet of gross floor area
Truck transfer stations Sufficient parking spaces for all trucks stored or being serviced at any 1 period of time, plus 2 per each 3 employees on duty or on the premises at any 1 time
Veterinary offices [Added 8-17-1992 by L.L. No. 9-1992] 3 per doctor and 1 per employee on the largest shift
Wholesale establishments, warehouses Same as manufacturing or industrial
establishments

(back to top)

§ 190-81. Schedule of loading requirements. [Amended 12-11-1978 by L.L. No. 5-1978]

Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:

Floor Area square feet) Number of Spaces
Under 25,000 1
25,000 to 39,999 2
40,000 or more Additional spaces as determined be needed by the Board of Appeals in its review of the plot plan for the proposed use

(back to top)

§ 190-82. Rental of private parking spaces.

Not more than two parking spaces per dwelling unit may be rented to persons living off the premises in the case of a one- or two-family dwelling use; nor more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residence use.

(back to top)

§ 190-83. Commercial vehicles in residential districts.

One commercial vehicle may be housed or parked on a residential property; provided that such vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds or 25 feet in length; and further provided that it shall be housed or parked inside a garage building.

(back to top)

§ 190-84. Accessory vehicles. [Added 2-12-1991 by L.L. No. 2-1991, Amended 5-19-2014 by L.L. No.2-2014]

  1. Definitions
    As used in this chapter, the following terms shall have the meanings indicated

    Accessory Vehicle: A motorboat, motor home, utility trailer, all-terrain vehicle, jet ski, snowmobile, camp trailer, pickup camper, pop-up camp trailer eighteen (18) feet or under in length The calculated length of an accessory vehicle shall include the tongue portion of a trailer or appendages and accessories such as motors, propellers, ladders, or storage racks.

    Commercial Vehicle: Any vehicle designed for or used in conjunction with any business, trade, entity, or event other than residential use.

    Construction Vehicle: Any vehicle or equipment customarily used in the construction trades, including but not limited to vehicles and equipment used for excavating, moving of earth, or hauling of materials or vehicles.

    Mobile Home, Motor Home, RV, Camper Trailer: Any vehicle used, designed for use or capable of being used as sleeping or living quarters, whether propelled by its own power or by the power of another vehicle to which it may be attached.

    Park, Parked or Parking: The standing of vehicles or equipment, whether occupied or not, on public or private property outside of a building.

    Recreational Vehicle: A motorboat, motor home, utility trailer, all-terrain vehicle, jet ski, snowmobile, camp trailer, pickup camper, pop-up camp trailer over eighteen (18) feet in length The calculated length of a recreational vehicle shall include the tongue portion of a trailer or appendages and accessories such as motors, propellers, ladders, or storage racks.

    Storage: The parking of vehicles or equipment for a period in excess of ten (10) days. The incidental movement of the vehicle or equipment on or off the property shall not affect the calculation of the ten (10) day time period.

    Yard, Front: An open unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building and the front line of the lot, and extending from side lot line to side lot line. On lots abutting more than one street, the front yard shall be defined as that which is related to the street address of the principal structure. Therefore, for purposes of this Chapter only, the secondary front yard shall be considered as a side yard.

    Yard, Rear: An open unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building and the rear lot line, and extending from side lot line to side lot line.

    Yard, Side: An open unoccupied space on the same lot with a building. Situated between the nearest roofed portion of the primary building and the side lot line of the lot, and extending through from front yard or from the front lot line where no front yard exists to rear yard or the rear lot line where no rear yard exists.
  2. No person shall have or permit the existence of a recreational vehicle out of doors on property owned by such person unless:
    1. The vehicle is owned by a full-time resident of the property; and
    2. The vehicle, if required to be registered and/or inspected in order to be operated upon the roads or waterways of the state, was registered and/or issued a valid inspection certificate within the past twelve (12) months or, if not required to be registered and/or inspected to be operated upon the roads or waterways of the state, is in operable condition; and
    3. The vehicle is stored in the rear yard of the property so as not to infringe upon any required yard area prescribed for an accessory building by Zoning Chapter 190-45.7, or is parked in a side yard adjacent to a building, in which the latter case, it shall maintain a setback from property lines of five (5) feet if less than six (6) feet in height and a setback of ten (10) feet if more than six (6) feet in height; and
    4. The vehicle shall be screened from view, except from the street, by a solid fence or evergreen hedge at least six (6) feet in height; and
    5. A maximum of two recreational or two accessory vehicles or combination thereof may be stored outside on the property at any one time. Only one such vehicle may exceed ten (10) feet in height or twenty five (25) feet in length, when the calculated length includes the tongue portion of a trailer or appendages and accessories such as motors, propellers, ladders, or storage racks; and
    6. No mobile home, recreational vehicle or motor home shall be used on any property for use as sleeping or living quarters or for any other purpose in connection with such sleeping or living quarters, except that visiting guests owning or operating such vehicles may occupy them for a period of twenty one (21) days. The occupants of such vehicles must be guests of the full time residents of the property upon which the vehicle is parked. The Building Inspector must issue a permit for visitors to occupy the recreational vehicle; and
    7. Recreational vehicles shall not be connected to electricity, water, or other utilities unless they are being used pursuant to Subsection (6) above or being prepared for use or storage by the owner.
  3. No person shall have or permit the existence of an accessory vehicle out of doors on property owned by such person unless:
    1. The vehicle is owned by a full-time resident of the property; and
    2. The vehicle, if required to be registered and/or inspected in order to be operated upon the roads or waterways of the state, was registered and/or issued a valid inspection certificate within the past twelve (12) months or, if not required to be registered and/or inspected to be operated upon the roads or waterways of the state, is in operable condition; and
    3. The vehicle is stored in the rear yard of the property so as not to infringe upon any required yard area prescribed for an accessory building by Zoning Chapter 190-45.7, or is parked in a side yard adjacent to a building, in which the latter case, it shall maintain a setback from property lines of five (5) feet if less than six (6) feet in height and a setback of ten (10) feet if more than six (6) feet in height; or
    4. The vehicle is stored in the front yard of the property so as to only be parked on an approved paved or gravel driveway or parking area; and
    5. A maximum of two recreational or two accessory vehicles or combination thereof may be stored outside on the property at any one time.
  4. It shall be unlawful for any person being the owner or occupant of any land or premises to use or permit the use of any mobile home, recreational vehicle or motor home for any of the prohibited uses thereof as set forth in this Chapter.
  5. Any person who shall have or permit the existence of a recreational vehicle stored out of doors on property owned by such person and who does not comply with all of the conditions set forth in this Chapter, shall obtain a Special Use Permit from the Zoning Board of Appeals, and if such person fails to do so, shall be in violation of this Chapter
  6. No commercial vehicle having an overall length in excess of eighteen (18) feet, nor any semi-tractor, semi-tractor-trailer, semi-trailer, dump truck, tow truck, bus, step van, freight van, flatbed or stake truck, or construction vehicle or equipment of any length may be parked in any residential district unless temporarily, in conjunction with a permitted construction project, service, sales, or delivery to the property.
  7. Issuance & Revocation of Special Use Permits.
    1. The Zoning Board of Appeals of the Village of Honeoye Falls is hereby authorized and empowered to issue Special Use Permits hereunder, subject to the provisions hereof. A Special Use Permit issued pursuant to this Chapter may be revoked by the Zoning Board of Appeals, after a hearing, if it is determined that the outdoor storage area no longer conforms to the Special Use Permit issued or to the provisions of this Chapter.
    2. Any Special Use Permit issued shall be conditioned upon the applicant's complying with all of the conditions set forth in this Chapter, and such other additional conditions as may be imposed by the Zoning Board of Appeals. The term of any Special Use Permit issued pursuant to this Chapter shall be limited to the occupancy or use of the subject premises by the applicant; notwithstanding the foregoing, the term of the initial Special Use Permit shall not exceed one year, and any renewal term shall not exceed five (5) years.
    3. Waivers. The Zoning Board of Appeals, in an appropriate case, is authorized to waive or modify the strict application of side yard, rear yard requirements or setback requirements of 190-131 and to waive or modify the strict application of the screening requirement of 190-84 (B) 4. Any waiver or modification shall be limited to the term of the Special Use Permit and further shall remain subject to modification or revocation after a hearing called on notice. When considering an application for waiver or modification, the Zoning Board of Appeals must apply the following principles:
      1. Generally, the provision of screening for the benefit of neighboring properties is more important than strict adherence to setback distances.
      2. Generally, if the item to be screened has a height greater than six (6) feet, a dense living hedge is the preferred screening material.
    4. Procedure. Except as otherwise provided herein, the procedure for the Zoning Board of Appeals to issue or revoke Special Use Permits and to grant waivers shall be governed by the applicable provisions of Article XII of Chapter 190 of the Code of the Village of Honeoye Falls and Village Law.
  8. This section shall not apply to temporary storage of a recreational vehicle. For purposes of this section, "temporary storage" shall mean the existence of a recreational vehicle, owned by a full time resident of the property, stored out of doors on the property which does not comply with this Chapter for a period not to exceed ten (10) consecutive days, under any of the following circumstances:
    1. The recreational vehicle is en route to or from its permanent storage location;
    2. The recreational vehicle is being prepared for use or for storage or
    3. The recreational vehicle is a motor home, camper trailer, or travel trailer and is either being prepared prior to a trip or being unloaded, cleaned or prepared for storage upon return from a trip.
  9. Enforcement; penalties for offenses
    1. It shall be the duty of the Code Enforcement Officer or his delegate to administer and enforce the provisions of this chapter.
    2. When violations occur under this Chapter, the Code Enforcement Officer shall cause notice to be given to the owner or occupant of the premises, or to the agent of either. Said notice may be given by first-class mail or by issuance and service of a notice of violation. If any of said persons fail to abate said violation within five days after such notice has been personally served upon them, or within ten (10) days after such notice has been sent to said persons by first-class mail at their home or business address, said persons shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Code Enforcement Officer in the name of the Village of Honeoye Falls and to be retained by the Village of Honeoye Falls.
    3. The Code Enforcement Officer, on behalf of the Village, may maintain an action for an injunction to enjoin violations of this chapter.
    4. Any person violating any provisions of this Chapter or of any notice or order issued hereunder shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment for not more than fifteen (15) days, or both, for each violation. Each day that a violation continues shall constitute a separate offense punishable by the foregoing fine. The Code Enforcement Officer is hereby empowered to issue appearance tickets for violations of this Chapter.
    5. The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law.
  10. All fees associated with this Chapter shall be established and maintained by the Village Board and made a part of the Village's fee schedule.
  11. Decisions; appeals; court review
    1. Decisions. All decisions made in accordance with the provisions of this Chapter shall be filed in the office of the Village Clerk. All appeals from a ruling or determination of the Code Enforcement Officer or other administrative officer made hereunder shall be taken to the Zoning Board of Appeals.
    2. Procedure. Except as otherwise provided herein, the procedure of the Zoning Board of Appeals, with respect to appeals from administrative decisions, shall be governed by the applicable provisions of Article XII of Chapter 190, Zoning of the Code of the Village of Honeoye Falls and the Village Law.
    3. Court review. Review of determinations made hereunder by the Zoning Board of Appeals shall be governed by Article 78 of the New York Civil Practice Law and Rules and the Village Law. Any such proceeding shall be commenced within thirty (30) days of the filing of the decision sought to be reviewed.
  12. Conflict with other provisions. In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standard shall govern.

(back to top)

§ 190-85. Access drives.

  1. Parking garages, public parking areas, filling stations and repair garages may have separate or combined entrances and exits.
  2. Every separate entrance or exit driveway shall have a minimum unobstructed width of 10 feet. Every combined entrance and exit driveway shall have a minimum unobstructed width of 20 feet. Parking areas with 20 spaces or more shall have at least two separate ten-foot driveways.
  3. The intersection of an exit or combined exit and entrance driveway of a public parking area with the public street shall have the same corner clearance as prescribed for intersecting streets in § 190-54.

(back to top)

§ 190-86. Design requirements.

  1. All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of § 190-46.
  2. The physical improvements of off-street parking and truck loading areas shall include:
    1. Curbs, paving, sidewalks and drainage facilities complying with the standards established in municipal ordinances, regulations or specifications.
    2. Adequate lighting in public parking areas to assure the general safety and convenience of the public.
    3. Appropriate screening for the protection of adjacent properties, particularly along district boundary lines as provided in § 190-50.
  3. All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a 90° angle with the aisle; 18 feet when the parking spaces are at 60°; and 12 feet when the parking spaces are at 45°.
  4. Aisles and turning areas shall have adequate radii to assure ease of mobility, ample clearance and convenient access and egress.
  5. Center-line gradients of aisles shall not exceed 8%.
  6. Accessory off-street parking areas shall be marked off into parking spaces with a minimum width of nine feet and a minimum length of 18 feet; or, in the case of parking spaces for trucks or special equipment, parking spaces of a minimum size to be determined by the municipality based on the nature of the parked vehicles.
  7. An accessory off-street truck loading spaces shall have a minimum width of 12 feet, a minimum length of 50 feet and a minimum clear height of 14 feet. The related aisle shall have the same minimum clear height. [Amended 7-24-1972]

(back to top)

§ 190-87. Exemptions and waivers.

  1. The provisions of this Article shall not apply to any building or structure or lot lawfully in use at the effective date of this Article, whether continued as a permitted use or as a legal nonconforming use, or thereafter converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements.
  2. Within an established municipal parking district where the municipality has, as a matter of public policy, the responsibility for providing adequate off-street parking facilities for all uses in the district, the off-street parking space requirements stipulated in this Article shall be automatically waived.
  3. The Board of Appeals, subject to the applicable provisions of § 190-131E may waive the requirements, in whole or in part, for the off-street parking or truck loading spaces stipulated in this Article.

(back to top)