[Amended 11-16-1987 by L.L. No. 11-1987; 10-17-1988 by L.L. No. 5-1988; 4-16-1990 by L.L. No. 4-1990; 12-17-1991 by L.L. No. 11-1991; 4-3-2000 by L.L. No. 3-2000; 4-21-2003 by L.L. No. 2-2003]
A.
General parking requirements.
(1)
All off-street parking shall be subject to the requirements
set forth in this article.
(2)
When submitted to the Building Inspector for a building
permit or change of use permit, the plans for any new building or
any replacement, reconstruction or reuse or enlargement of an existing
building and for any change of occupancy or manner of operation that
would result in additional parking spaces being required shall show
specifically the location, number and size of the off-street parking
facilities and the means of ingress and egress to such parking from
public streets or highways.
[Amended 10-7-2003 by L.L. No. 9-2003]
(3)
All required parking facilities shall be accessible
and maintained for the duration of the use requiring such areas. Such
facilities shall be used exclusively for the temporary parking of
passenger automobiles, motor vehicles or light trucks not exceeding
one ton in capacity and shall not be used for the sale, display or
storage of merchandise or for the storage or repair of vehicles or
equipment.
B.
Location of off-street parking facilities.
(1)
Off-street parking facilities shall be provided on
the same lot or premises with the structure or land use they serve,
except that off-street parking spaces required for structures or land
uses on two adjoining lots may be provided in a single common facility
on one or both of said lots.
(2)
Required parking areas may be constructed within or
under any portion of a principal building, provided that, in addition
to other requirements set forth in this section, the access driveway
of said facility shall not, at any point, have a grade in excess of
10%.
(3)
No parking on the roof of an occupied structure shall
be permitted, unless the Planning Board finds that such parking is
preferred in order to avoid significant topographic alteration, has
the benefit of increasing areas permanently devoted to open space,
and is protective of natural resources. Such parking shall require
safe ingress and egress and substantial screening and shall be aesthetically
compatible with adjacent uses.
[Amended 10-7-2003 by L.L. No. 9-2003]
C.
Two or more uses on the same or contiguous lots.
[Amended 10-7-2003 by L.L. No. 9-2003]
(1)
Except as specified hereinafter, where two or more
different uses occur on a single lot, the total number of parking
spaces required shall be the sum of the separate requirements, if
any, for each individual use on the lot.
(2)
In a case where two or more establishments on the
same or contiguous lots have substantially different operating times,
the Planning Board may approve the joint use of parking spaces, provided
that the Board finds that the number of spaces to be provided substantially
meets the intent of the requirements of this section by reason of
variation in the probable time of maximum use by patrons or employees
among such establishments.
D.
Ingress and egress to parking areas.
(1)
Unobstructed access to and from a street shall be
provided for all parking facilities. Such access shall generally consist
of at least one ten-foot-wide lane for parking lots with fewer than
20 spaces and two nine-foot lanes for parking areas with 20 spaces
or more. No entrance or exit for any off-street parking facility with
a capacity of more than 10 spaces shall be located within 20 feet
of any street intersection.
(2)
No parking space shall be designed so as to require
a vehicle to back out onto a public street or sidewalk in order to
vacate the space.
E.
Design requirements.
(1)
Parking spaces. Each required parking space shall
be designed in accordance with the diagram at the end of this chapter
entitled "Parking Facility Standards."
(2)
Parking lots. Off-street parking lots shall be designed
in accordance with the diagram at the end of this chapter entitled
"Parking Facility Standards."
(3)
Parallel parking. Parallel parking shall be designed
in accordance with the diagram at the end of this chapter entitled
"Parking Facility Standards."
(4)
Drainage, grading, surfacing and painting of stalls.
(a)
All parking lots shall be properly graded, drained
and maintained. All required parking facilities shall be designed
to avoid nuisances of dust, erosion or excessive water from across
public ways.
(b)
The average grade of a parking area shall not
exceed 5%, unless topographic conditions are such that a steeper grade
is necessary. Where the topography of a site or surrounding a site
is such that a potential safety hazard exists, the Planning Board
may require fences, berms, barriers or other safety measures to be
incorporated into the design of the parking lot
(c)
Unless otherwise specified, all parking stalls
shall be painted with double lines, using white, durable, pavement-adhering
paint, in accordance with Village standards.
(d)
Poured concrete curbs shall be provided unless
otherwise specified by the Planning Board.
[Amended 10-7-2003 by L.L. No. 9-2003]
(5)
Landscaping requirements for large parking lots. The
Planning Board may require that outdoor parking areas that contain
25 spaces or more shall be divided into subareas, with raised landscaped
islands separating each subarea. Said islands shall be suitably landscaped
with trees, grass, decorative material or other ground cover deemed
appropriate by the Planning Board.
(6)
Connections between abutting parking lots. Where appropriate,
the Planning Board may allow paved connections between abutting parking
lots in different ownerships so as to facilitate the flow of traffic.
(7)
Snow accumulation space. Where appropriate, the Planning
Board shall require space to be designated for snow accumulation,
in addition to marked parking stalls.
F.
Parking structures.
(1)
Parking structures, where permitted, shall be subject
to the issuance of a special permit by the Planning Board. When located
adjacent to residential districts, the parking structure shall be
set back from the nearest property lines of said residential districts
no less than 50 feet.
(2)
When considering applications for special permits,
the Planning Board shall consider the effects of the proposed parking
structure in terms of traffic and environmental concerns, such as
noise, air quality and headlight glare, particularly the effects on
residential properties, and shall require landscaping, fencing or
other measures to mitigate any adverse effects. Parking structures
shall only be incorporated into a site plan to achieve certain design
objectives.
(3)
Parking structures shall be designed in accordance with generally accepted engineering and architectural standards and practices, and, as such, the specific requirements set forth in Subsection E hereof shall not necessarily apply. Prior to the approval of any special permit for a parking structure, the Planning Board shall request a report from the Village Engineer, Parking Authority, planning consultant or any other source deemed advisable as to the suitability and acceptability of the proposed parking structure design as submitted to the Board.
G.
Waiver of the installation of required parking spaces.
Upon the determination by the Planning Board that the required number
of parking spaces would be in excess of the needs expected to be generated
by a particular use on a particular lot, the Board may waive the paving
of parking spaces to the extent that it may deem the number of required
spaces to exceed the actual need therefor, provided that:
(1)
At any future date, the Planning Board may require
the paving of all or a portion of the spaces subject to such waiver
in the event that it finds that the parking of cars connected with
or visiting the particular use on the same lot at any time takes place
on the street consistently and in appreciable numbers, or if there
is a change in use or intensity of activity on the property which
requires additional paved parking spaces.
(2)
The portion of the required parking area that is not
paved shall meet all other requirements and shall be planted and permanently
maintained with a hardy grass cover.
H.
Additional regulations for residential lots. The following
additional regulations shall apply to the CD, RS-12, RS-9, RS-6, RT-6,
RM-10, RM-29, PRD, and OC Districts and to nonconforming residential
lots in commercial districts:
[Amended 8-11-2003 by L.L. No. 7-2003; 7-19-2004 by L.L. No.
1-2004]
(1)
Not more than one parking space per residential lot
may be leased for the parking of a passenger automobile owned or operated
by a person not residing on the premises.
(2)
Subject to the limitations of Subsection H(3) and (4), no commercial vehicle, as defined in Chapter 101 of the Mount Kisco Code, may be parked on the lot of a one- or two-family dwelling or nonconforming multifamily dwelling unless the owner or operator of the vehicle resides on the same lot or unless the vehicle is parked while providing delivery or service to the resident of the lot.
(3)
Not more than two commercial vehicles may be parked,
whether indoors or outdoors, on a lot containing a one- or two-family
dwelling or nonconforming multifamily dwelling, provided that:
(a)
Both vehicles are owned or operated by a person
residing on the same lot; and
(b)
Only one vehicle is parked outdoors; and
(c)
The vehicle parked outdoors does not exceed
one ton in capacity; and
(d)
The vehicle parked outdoors is not a jitney
bus, school bus, school van, trailer, semitrailer, tractor, or excavation
equipment; and
(e)
The vehicle parked outdoors does not have more
than four wheels and two axles, a box body, a flatbed or utility body
exceeding eight feet in length or five feet in height, a rack body
exceeding three feet in height, or an open body or rack body with
visible tools and/or equipment.
[Amended 9-6-2005 by L.L. No. 7-2005]
(4)
No parking of any vehicle shall be permitted, except
in any driveway, in the area:
[Amended 9-6-2005 by L.L. No. 7-2005]
I.
Operation and maintenance of off-street parking. Off-street
parking facilities shall be maintained throughout the life of any
use or structure which said facilities are designed to serve. Parking
areas developed for specific structures and uses shall be reserved
at all times for the use of those persons who are employed at, reside
at or utilize such structures and uses, except when dedicated to and
accepted by the Village as public parking areas.
J.
Effect of parking requirements on existing uses.
(1)
Structures and land uses in existence or for which
building permits and site plans have been previously approved shall
not be subject to the revised requirements for off-street parking
spaces set forth in this chapter, provided that any parking facilities
currently existing and serving such structures or uses shall not,
in the future, be reduced except where they exceed such requirements.
(2)
Parking facilities for any future enlargement, extension
or change of use thereof shall, however, be provided as a condition
for the issuance of any building permit for such enlargement or extension.
In case of practical difficulty or unnecessary hardship arising out
of this requirement, the Zoning Board of Appeals shall require only
such degree of compliance as it may deem reasonable. Required off-street
parking facilities which, after development, are dedicated to and
accepted by the Village as public parking areas shall be deemed to
continue to serve the uses or structures for which they were originally
provided.
K.
Minimum off-street parking standards.
(1)
Minimum off-street parking requirements for all districts
other than CB-1, CB-2 and OD are set forth in the tables at the end
of this chapter entitled "Minimum Off-Street Parking Regulations."
The Planning Board can require a parking study to be provided when,
in the opinion of the Board, an increase in the number of parking
spaces may be warranted. The number of parking spaces required by
these tables may be increased by the Planning Board when the parking
study demonstrates that the proposed use would have a parking demand
greater than the requirements given in this chapter.
[Amended 10-7-2003 by L.L. No. 9-2003]
(2)
Other uses not mentioned. Parking requirements for
the other uses or variations of the above uses shall be as determined
by the Planning Board in the course of its review of site plans for
facilities proposed hereunder. In making its determination, the Planning
Board shall consider the following factors: the number of persons
for whose use the facility is designed or intended; the hours of operation
which are proposed; the type and extent of proposed accessory uses;
the likelihood, nature and frequency of special events utilizing the
facilities and to which either the general public or large numbers
of people might be invited or encouraged to attend; the nature of
the principal use; and other permitted uses for which the facility
or structure is designed and to which it might be put if the designated
activity should cease as the principal use.
(3)
Minimum parking requirements for CB-1, CB-2 and OD
Districts. Minimum parking requirements for land uses within the CB-1,
CB-2 and OD Districts shall be provided in recognition of their pedestrian-oriented
characteristics, centralized location and proximity to municipal and
public parking areas as follows:
(a)
Off-street parking for street-level land uses
(first floor) within the CB-1 District shall not be required.
(b)
Off-street parking for uses of all other levels or stories (including half-stories) within the CB-1 District shall be required to provide 100% of the parking requirements specified in Subsection K(1) of this section. At the option of the owner or developer, 50% of said parking requirement may be discharged by a payment in lieu of parking.
[Amended 1-5-2015 by L.L. No. 2-2015; 4-29-2019 by L.L. No.
1-2019]
(c)
Off-street parking for all uses within the CB-2 and OD Districts shall be required to provide 75% of the parking requirements specified in Subsection K(1) of this section. At the option of the owner or developer, 50% of the parking requirements imposed by this subsection may be discharged by a payment in lieu of parking. Such payment shall be a cash payment to the Village in an amount specified in Chapter A112 of this Code, which amount shall be based upon the projected cost to the Village to provide the parking in lieu of which the payment was made.
[Amended 1-5-2015 by L.L. No. 2-2015]
(d)
The Village of Mount Kisco shall utilize such
fees to provide public parking within a reasonable period of time,
subject to logistical constraints such as availability of land, total
funds available and other similar constraints, at a location deemed
adequate by the Village to serve the CB-1, CB-2 and OD Districts as
a whole, including the use for which the payment-in-lieu has been
made. The payment-in-lieu shall be placed in the Village of Mount
Kisco Parking Fund. The expenditure of revenues from such Parking
Fund shall be limited exclusively to those actions designed to increase
the quantity or availability of parking spaces available to serve
properties within the CB-1, CB-2 and OD Districts.
(e)
The following allowances apply for properties for which the
applicant has opted in to the Downtown Overlay District:
[Added 4-29-2019 by L.L.
No. 1-2019]
[1]
Off-street parking for street-level land uses (first floor) within
the CB-2 District shall not be required for those properties that
opt in to the Downtown Overlay District.
[2]
Off-street parking for uses of all other levels or stories (including half-stories) within the CB-2 District shall be required to provide 100% of the parking requirements specified in Subsection K(1) of this section. At the option of the applicant, 50% of said parking requirement may be discharged by a payment in lieu of parking for those properties that opt-in to the Downtown Overlay District.
[3]
A special permit from the Planning Board may be requested for properties
located within either the CB-1 or CB-2 District that opt-in to the
Downtown Overlay District to discharge above 50% of said parking requirement
(up to 100%) by payment in lieu of parking. Such special permit shall
be subject to the following requirements:
[a]
This special permit provision, which provides an ability to
discharge above 50% of required parking, is only applicable to existing
buildings as of the date of adoption of this subsection. New construction
can only discharge up to 50% of required parking by payment in lieu
of parking.
[b]
The property is located within the boundary of the Downtown
Overlay District.
[c]
The applicant submits a parking study, accompanying the special
permit application, to the Planning Board. Such study shall not be
required if the parking demand (number of spaces required) of the
proposed use is less than five parking spaces.
[d]
The parking study demonstrates that there is sufficient available
off-site parking to accommodate the uses proposed. Such parking must
also be located within the Downtown Overlay District and may either
be located in a public parking lot and/or a private parking lot, pursuant
to a shared-parking agreement with the owner of said private parking
lot. The parking study must demonstrate that there is parking capacity
during daytime, overnight, and weekend time periods.
[e]
The owner or developer submits a payment in lieu of parking
for all required spaces which are discharged.
(4)
Handicapped parking. Shopping centers and facilities
with five retail stores and at least 20 parking spaces shall provide
a minimum of 10 spaces or 5% of the total number of parking spaces,
whichever is least, for use solely by the handicapped. Handicapped
spaces shall be clearly marked and be as close as reasonably practical
to the facility and must be appropriately distributed to provide convenient
access. Vehicles using these spaces shall be restricted to permits
issued by a municipality or be registered handicapped vehicles.
Off-street loading, either open or enclosed,
is permitted accessory to any use (except one- and two-family dwellings),
subject to the following provisions which shall be utilized as a guide
to the Planning Board in reviewing site plans.
A.
Location. Loading areas may be provided in the principal
building or adjacent to a principal building in any side or rear yard.
No off-street loading area shall be located in any front yard.
B.
Access. Unobstructed access from a street shall be
provided for the loading area. The loading area may be located in
a parking lot access driveway, provided that said access has a minimum
width of 25 feet.
C.
Minimum loading requirements.
Square Feet of First Gross Floor Area
| |||
---|---|---|---|
Use
|
First Loading Area Required At
|
Second Loading Area Required At
|
Plus 1 Berth for Each Additional
|
Office, research and development
|
10,000
|
100,000
|
100,000
|
Retail, personal services, restaurants
|
5,000
|
25,000
|
25,000
|
Manufacturing, printing, whole sale and distribution
|
10,000
|
50,000
|
50,000
|
Residential
|
To be determined by the Planning Board
| ||
Other uses not mentioned
|
To be determined by the Planning Board
|
D.
Modification of loading requirements. As part of site
plan review, the Planning Board may modify any of the above loading
requirements if it determines that adequate provisions for loading
are provided.