A.
Mobile homes, trailers, recreational vehicles and
boats. The storage or parking of mobile homes, trailers, recreational
vehicles and boats is permitted, in any district, provided that:
[Amended 4-16-1990 by L.L. No. 4-1990]
(1)
Not more than one recreational vehicle or boat per
dwelling unit may be parked or stored outdoors on an occupied lot
in any residence district;
(2)
No mobile home is used or occupied while it is so
parked or stored and the doors thereof are kept securely locked; and
(3)
The doors of such mobile home are kept securely locked
while so parked.
B.
Private swimming pools in residential districts.
(1)
No pool or accessory equipment shall be located in
any front yard.
(2)
No pool or accessory equipment shall be nearer than
20 feet to any property line.
(3)
The swimming pool shall be constructed and enclosed
in compliance with the provisions of the New York State Uniform Fire
Prevention and Building Code.
[Amended 4-16-1990 by L.L. No. 4-1990]
(4)
The area in which the pool is located shall be screened
from the view of abutting properties by means of an opaque fence or
wall or thick hedges with a height of not less than 6 1/2 feet above
the ground.
(5)
No lighting or spotlighting shall be permitted which
will project light rays beyond the lot lines of the lot on which said
pool is located.
(6)
Said pool shall be equipped with a filtration system
which shall either be screened or enclosed on all sides or located
below the ground.
C.
Tennis courts, deck- or paddle-tennis courts and similar
accessory recreation facilities.
(1)
No tennis court, deck- or paddle-tennis court or similar
accessory facility shall be located in any front yard.
(2)
No part of any such facility shall be located nearer
than 15 feet to any property line.
(3)
No lighting or spotlighting shall be permitted which
will provide light rays beyond the lot lines of the lot on which said
facility is located.
(4)
The area in which the facility is located shall be
screened from the view of abutting properties by means of an opaque
fence or wall or thick hedges with a height of not less than 6 1/2
feet above the ground.
D.
Trash compactors, dumpsters and other large trash
containers.
(1)
The compactor, dumpster or container shall be located
no closer to the property lines than is permitted for an accessory
structure in said district.
(2)
The compactor, dumpster or container shall not be
located in any required loading berth or in any required off-street
parking space.
(3)
The compactor, dumpster or container shall be appropriately
screened or located so as to minimize its effect on residential uses.
(4)
The design and operation of any trash compactor shall
be of rodent-proof design and shall be approved by the Building Inspector
of the Village of Mount Kisco prior to its installation.
[Amended 7-16-2018 by L.L. No. 5-2018]
E.
Tents. The erection or maintenance of any tent is
prohibited, except as in accordance with the following:
[Amended 4-21-2003 by L.L. No. 2-2003]
(1)
Temporary permit. The Building Inspector may issue
a temporary permit, upon payment of the minimum building permit fee,
for a tent, provided that:
(b)
The location and size of the tent use shall
be of such character that, in general, it will be in harmony with
the existing development of the district in which it is proposed to
be situated and will not be detrimental or obnoxious to adjacent properties
in accordance with the zoning classification of such properties, as
set forth in the Zoning Law of the Village of Mount Kisco.
(c)
The location and size of the tent, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to persons using or passing by the premises
or conflict with the normal traffic of the surrounding area.
(2)
Duration of permit. In no case shall a tent be maintained
or erected for a period of time exceeding 14 days from the date of
erection specified in the temporary permit.
(3)
Frequency of permit. In no case shall more than one
temporary permit for a tent be issued per calendar year quarter.
(4)
Exceptions. Notwithstanding any other definition or
provision herein, a tent covering not more than 100 square feet of
ground area and commonly used for play purposes, or a cemetery or
house of worship canopy, or a tent used for purposes accessory to
a residence and for fewer than 6 days in duration shall be permitted
and shall not be subject to this section. Marquees, awnings or other
similar structures, as defined in the Sign Law of the Village of Mount
Kisco,[2] shall not be deemed tents, but shall be subject to all
applicable provisions of this chapter and the aforesaid law.[3]
F.
Motor vehicle sales, rentals, service and storage,
where permitted.
[Amended 8-14-1989 by L.L No. 8-1989][4]
(1)
A principal structure with toilet facilities shall
exist at any motor vehicle sales or rental facility. Said structure
shall not be a trailer or a mobile home.
(2)
Repairs and service accessory to any motor vehicle
sales or rental facility shall be permitted, provided that all work
is performed within a totally enclosed building.
(3)
Outdoor area lighting shall be that generally necessary
for security purposes. Lighting for illuminating an outdoor sales
area shall be restricted to the front 1/3 of the lot depth. Said lighting
shall be reduced to security lighting at the close of business. All
outdoor area lighting shall be located at a height not more than 14
feet above ground level and shall be so directed that no illumination
shall be visible beyond the lot lines.
(4)
Temporary signs or other advertising devices shall be subject to the provisions of Chapter 89 of this Code.
(5)
Used motor vehicle sales shall be permitted only if
conducted as an accessory use to new motor vehicle sales.
[Amended 1-5-2015 by L.L. No. 2-2015]
(6)
Storage or display of used motor vehicles or rental
vehicles shall be located on paved areas and shall not be permitted
in the front yard. All storage or display areas visible from any street
shall be completely screened from view by shrubbery or such other
visual barrier as shall be acceptable to the Planning Board.
[Amended 1-5-2015 by L.L. No. 2-2015]
(7)
Motor vehicles for sale or rent shall not contain
or bear advertising gimmicks or devices that can be seen from the
street.
(8)
No loading, unloading or transfer operations shall
be permitted on any public street, at the curb or within the required
front yard.
(9)
A plan for vehicle circulation, customer dropoff and pickup areas,
deliveries and vehicle preparation, repair and storage shall be designed
in a manner acceptable to the Planning Board so that the plan achieves
a safe, efficient, and aesthetically appropriate arrangement.
[Added 1-5-2015 by L.L. No. 2-2015]
(10)
Any motor vehicle rentals available to the public shall be restricted
to vehicles which are well maintained, in a clean and safe condition
and not more than five years old.
[Added 1-5-2015 by L.L. No. 2-2015]
[4]
Editor's Note: Former Subsection F, Rest,
nursing and convalescent homes and homes for the aging was repealed
4-21-2003 by L.L. No. 2-2003. This local law also redesignated former
Subsections G through N as F through M, respectively.
G.
Gasoline stations, commercial garages and motor vehicle
repair shops.
(1)
No driveway to or from any commercial garage, gasoline
station or motor vehicle repair shop shall be within 1,000 feet of
any other such use or within 200 feet of the boundary line of any
residential district or of any school, church, park, playground, hospital,
public library, institution for dependents or children or any place
of public assembly or restaurant designed for the simultaneous use
of 100 persons or more, regardless of the district where either premises
are located.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990]
(2)
No building, accessory structure, fuel dispenser or
service appliance shall be within 20 feet of any street line.
(3)
There shall be no opening in the wall or roof of any
garage, gasoline station or motor vehicle repair shop, except chimney
openings and emergency fire doors, within 15 feet of any property
line, unless equipped with wire, glass and metal sash and frames.
(4)
When located adjacent to residence districts, a thirty-foot
buffer area shall be provided. The Planning Board, as part of its
site plan review, shall require landscaping, fencing or other measures
to buffer the gasoline station, commercial garage or motor vehicle
repair shop from residential properties.
(5)
Any canopy or similar type of roof structure provided over fuel pumps
shall be permitted, but shall be deemed a structure for purposes of
lot and bulk requirements and shall meet the setbacks required for
a principal building.
[Amended 7-16-2018 by L.L. No. 5-2018]
(6)
Any property which is used for any purpose in addition
to the sale of gasoline and motor oil shall be subject to the following
restrictions:
(a)
All repair work is to be carried on indoors.
(b)
All automobile parts, wrecked or damaged motor
vehicles or similar articles shall be completely stored within a building.
(c)
Outdoor storage of vehicles is not permitted,
except when necessitated by unavoidable delays in effectuating needed
repairs.
(d)
Incidental sale or rental of motor vehicles
shall be permitted, subject to the issuance of a special permit by
the Planning Board, provided that:
(e)
The sale of food and beverage items, including
alcoholic beverages, shall not be permitted, except that not more
than three coin-operated vending machines dispensing food or other
items, other than alcoholic beverages, will be permitted.
(7)
Each individual use on site shall be required to meet the specific parking requirements as specified in § 110-28K(1) of this chapter.
H.
Accessory storage of building, builder and household
material and supplies. Building, builder and household material and
supplies partially in buildings not fully enclosed on all sides, where
permitted, shall comply with the following:
[Amended 11-16-1987 by L.L. No. 11-1987; 4-21-2003 by L.L. No. 2-2003]
(1)
The outdoor storage area shall not be located within
100 feet distant from any residence district boundary.
(2)
Material stored outdoors shall not be stored more
than six feet high.
(3)
Any such storage area not conducted in a building
fully enclosed on all sides shall be suitably screened by such material
and/or planting of such height and density as the Planning Board may
deem to be required to shield fully such use or the unenclosed side(s)
of said building from the view of all surrounding properties.
(4)
Not more than 25% of the gross lot area shall be devoted
to storage use conducted entirely or partially in the open, provided
that any portion of the lot area devoted to off-street parking and
loading shall be excluded from said twenty-five-percent limitation.
(5)
Not less than 50% of the aggregate floor area, as
defined below, shall be located within fully enclosed buildings which
are principally devoted to sales. For purposes of this section, the
aggregate floor area shall include the floor area within buildings
which are fully enclosed on all sides and the area which is occupied
by uses not fully enclosed on all sides.
I.
Health and athletic membership clubs. Health and athletic
membership clubs, where permitted and where conducting leisure-time
activities as a principal use and which make their facilities available
for members and guests on a periodic or seasonal basis, shall comply
with the following:
[Amended 11-1-1993 by L.L. No. 11-1993; 4-21-2003 by L.L. No. 2-2003]
(1)
Except as otherwise provided for herein, all activities
shall be carried on in buildings fully enclosed on all sides and having
a roof.
(2)
The Planning Board may permit outdoor tennis courts,
paddle and deck tennis, similar outdoor court games and outdoor swimming
facilities, provided that such outdoor uses are incidental to the
purposes of and not the principal use of the health and athletic membership
club.
(3)
In determining whether to permit an outdoor use, the
Planning Board shall consider the effect of such use upon nearby residential
areas, the relative size of the proposed outdoor use and the indoor
use on the same premises and the effect of any lighting or public
address system which may be used in connection with the operation
of the facility.
(5)
No special permit shall be granted unless the applicant
demonstrates compliance with Article 30 of the New York State General
Business Law.
(6)
The following accessory uses may be permitted:
(a)
Eating facilities, including cocktail lounges
and snack bars.
(b)
Shops for retail sale or rental for on-premises
use of equipment and apparel associated with the leisure activities
constituting the principal use.
(c)
Facilities for the rendering of personal services
on the premises to persons using the facility in general.
(d)
Off-street parking and loading facilities in accordance with the provisions of Article IV of this chapter.
(e)
Other customary accessory uses.
(7)
Accessory uses shall be permitted only subject to
the following conditions:
(a)
No accessory use shall be conducted other than
in the portion of the facility specifically provided therefor.
(b)
Not more than three accessory uses shall be
permitted with respect to any facility.
(c)
The aggregate floor area devoted to accessory
uses shall not exceed 25% of the gross area of the principal use(s).
(d)
There shall be no direct access for customers
to the accessory use from outside the area devoted to the principal
use(s).
(e)
There shall be no signs visible from outside
the area devoted to the principal use(s) indicating the accessory
use.
(f)
Operation of the accessory use shall not be
permitted except during hours when the principal use is in operation,
except that a restaurant or snack bar may operate for 1/2 hour
prior to and one hour subsequent to the opening and closing times,
respectively, of the principal use.
(g)
No cabaret license shall be issued for any accessory
use hereunder.
J.
Nursery schools, child and adult day-care centers.
[Amended 7-12-1999 by L.L. No. 6-1999]
(1)
Said facility shall be duly authorized or licensed
as may be required by the State of New York.
(2)
Except as provided in Subsection K(5) below, said
facility shall be located at a school, church or other such community
facility deemed appropriate by the Mount Kisco Planning Board.
(3)
Said facility, if a child day-care center, shall include
an outdoor play area of a size, design and location suitable for the
specific use of the children attending the facility and shall have
a plan which provides for safe pedestrian access to the site, including
sidewalks if deemed appropriate by the approving agency.
(4)
Said facility shall be certified by the Building Inspector
of the Village of Mount Kisco as being in compliance with fire safety
requirements. This certificate shall be based on a review of a fire
safety plan, submitted by the applicant, indicating ingress and egress
locations, automatic fire-protection facilities and fire extinguisher
locations.
(5)
Where not located as provided in Subsection K(2) above, said facility shall have a safely designed and clearly identified drop off/pick up area for vehicular queuing of automobiles completely on site. This area shall be separate from the main thoroughfare and may be within on-site parking areas.
(6)
Where not located as provided in Subsection K(2) above, said facility shall not be located on the same site as, or directly adjacent to, any property containing uses which generate a high volume of truck traffic; notwithstanding this provision, the facility may be so located if the approving agency requires additional safety precautions, such as fencing, as a condition of approval.
K.
Prohibited uses.
(1)
Any use not permitted by this chapter shall be deemed
to be prohibited. Any list of prohibited uses contained in any section
of this chapter shall not, however, be deemed an exhaustive list but
shall have been included for the purposes of clarity and emphasis
and shall illustrate by example some of the uses frequently proposed
that are deemed undesirable and incompatible and that are thus prohibited.
(2)
Any use which is noxious or offensive by reason of
emission of odor, dust, noise, smoke, gas, fumes or radiation or which
presents a hazard to the public health and safety shall be prohibited.
L.
Adult entertainment uses.
[Added 11-1-1993 by L.L. No. 10-1993]
(1)
Purpose. The Board of Trustees hereby finds that certain
uses of property, by their nature, have serious objectionable operational
characteristics which can lead to a significant impact on the surrounding
community. The Board of Trustees further finds that the unrestrained
proliferation of such uses is inconsistent with existing development
and future plans for the Village/Town of Mount Kisco in that such
uses often result in influences on the community which increase the
crime rate and undermine the economic, moral and social welfare of
the community. The deleterious effects of such uses change the economic,
social and moral character of the existing community and adversely
affect existing businesses and community and family life. As business
activity drops off and the quality of life deteriorates, merchants
and families move away from the area, leaving it in a vacant and depressed
state. The purpose of this subsection is to prevent the unrestricted
proliferation of such uses and to ensure that the effects of such
uses will not adversely affect the health, safety and economic well-being
of the community, and particularly the children of the community,
by enacting criteria for the establishment of adult entertainment
uses.
(2)
Permit required. No adult entertainment use shall be permitted except upon the issuance of a special permit by the Planning Board pursuant to § 110-46 of this Code.
(3)
Standards. No special permit for an adult entertainment use shall be granted by the Planning Board except in compliance with the requirements of § 110-46 of this Code, and the following standards:
(a)
No more than one activity constituting an adult
entertainment use shall be permitted on any lot.
(b)
No adult entertainment use shall be permitted
in any building otherwise used in whole or in part for residential
purposes.
(c)
No adult entertainment use shall be permitted
on any lot which is located within 1,000 feet of any other lot on
which is located an adult entertainment use.
(d)
No adult entertainment use shall be permitted
on any lot which is located within 1,000 feet of any lot in any residential
district.
(e)
No adult entertainment use shall be permitted
on any lot which is located within 1,000 feet of any lot on which
is located a church, community center, funeral home, school, day-care
center, hospital, alcoholism center or drug treatment center, counseling
or psychiatric treatment facility or public park.
(f)
No adult entertainment use shall be permitted
on any lot which is located within 1,000 feet of any school bus stop.
(g)
The proposed use shall meet all other requirements
of the laws of the Village/Town of Mount Kisco, including but not
limited to district lot and bulk regulations, parking regulations
and signage requirements.
(h)
It shall be a condition of any special permit
issued for an adult entertainment use that no person under the age
of 18 years shall be permitted into the premises.
(i)
The Planning Board may impose such terms and
conditions upon the issuance of the special permit required hereunder
as it deems appropriate to further the aims of this subsection, including
but not limited to restrictions on advertising, outdoor displays and
the location of merchandise.
(4)
Effect on existing uses.
(a)
Any adult entertainment use lawfully in existence
on the date on which the provisions of this subsection become effective
shall be permitted to continue, provided that such use is registered
with the Building Inspector within 30 days of the effective date of
this subsection and it is established to the satisfaction of the Building
Inspector that such use complies with all of the requirements set
forth herein.
(b)
Discontinuation of use.
[1]
Any adult entertainment use lawfully in existence
on the date on which the provisions of this subsection become effective
which registers with the Building Inspector within 30 days of the
effective date of this subsection but cannot establish to the satisfaction
of the Building Inspector that it complies with the requirements of
this subsection shall be discontinued on or before the date specified
in accordance with the following schedule:
|
Amount of Capital Investment
(as of effective date of Article)
|
Date Before Which Use Shall Terminate
|
|---|---|
|
$0 to $25,000
|
December 31, 1994
|
|
$25,001 to $50,000
|
December 31, 1995
|
|
$50,001 to $75,000
|
December 31, 1996
|
|
$75,001 to $100,000
|
December 31, 1997
|
|
$100,001 or more
|
December 31, 1998
|
[2]
The owner of each such use shall specify the
amount of its capital investment upon registering with the Building
Inspector and shall provide such documentation as the Building Inspector
shall require to establish such amount.
(c)
Any adult entertainment use lawfully in existence
on the date on which the provisions of this subsection become effective
which fails to register with the Building Inspector within 30 days
of the effective date of this subsection shall be discontinued on
or before December 31, 1993.
M.
Billiard parlors. No special permit for a billiard parlor shall be granted by the Planning Board except in compliance with the requirements of § 110-46 of this Code and the following standards:
[Added 12-19-1994 by L.L. No. 10-1994]
(1)
No billiard parlor shall be permitted in any building
otherwise used in whole or in part for residential purposes.
(2)
No billiard parlor shall be permitted on any lot which
is located within 1,000 feet of any other lot on which is located
a billiard parlor.
(3)
No billiard parlor use shall be permitted on any lot
which is located within 1,000 feet of any lot on which is located
a church, community center, funeral home, school, day-care center,
hospital, alcoholism center or drug treatment center, counseling or
psychiatric treatment facility or public park.
(4)
The proposed use shall meet all other requirements
of the laws of the Village/Town of Mount Kisco, including but not
limited to district lot and bulk regulations, parking regulations
and signage requirements.
N.
Research, design and development facilities. No special
permit for a research, design and development facility shall be granted
by the Planning Board except in compliance with the following standards:[6]
[Added 4-21-2003 by L.L. No. 2-2003]
(1)
In no event shall any of the following be permitted:
(a)
Chemical plants.
(b)
Motor-testing laboratories.
(c)
The keeping and use of large animals, but nothing
herein shall prohibit the keeping and use of small animals that are
commonly used in scientific laboratories incidental to the experimentation,
development and research conducted in the laboratories, provided that
such animals shall be kept only in the interior of any building or
structure located on the property of the laboratories, and further
provided that no animals shall be kept that will create any noise
or cause offenses, annoyances or disturbances to any of the surrounding
properties and to their owners and occupants, and all offal or excretions
of such small animals shall be removed promptly and disposed of in
a sanitary manner.
(d)
Facilities engaged in research in the field
of explosives.
(2)
There shall be no display or sale of goods at retail,
and there shall be no manufacture on the premises of articles for
sale, except with respect to small quantities of test, experimental
or trial products, models or prototypes that may be produced in accordance
with the provisions of this chapter related to accessory uses, and
except prototype items that may be called for specifically in development
contracts undertaken for government or commercial agencies where such
development contracts call for the delivery of such prototypes to
confirm or exhibit the development work conducted.
(3)
No offensive noises, gases, fumes, odors, vibrations
or radio, electric or electronic emanations, or other objectionable
influences or hazards shall emanate from such use, and no waste products
shall be discharged therefrom of a character to create a nuisance.
(4)
No radioactive materials shall be kept or used on
the premises.
O.
Full-service grocery stores. Where allowed by special permit, full-service grocery stores shall comply with the requirements of § 110-46 of this Code and the following additional specific standards:
[Added 7-16-2018 by L.L.
No. 5-2018]
(1)
Garbage containers and dumpsters shall be located either inside or
in a manner that does not adversely impact an adjoining property or
tenant. All waste/recycled boxes shall be picked up on a delivery
schedule with a frequency to prevent any odor, vermin or rodents from
being detected outside of the store;
(2)
Demonstration by the applicant that potential traffic generation
shall be within the reasonable capacity of the existing or planned
road or street providing access, and that traffic circulation, exit
and entrance drives are laid out to minimize traffic hazards and nuisances;
(3)
On-premises dining/consumption of food, wine and beer (subject to
proper licensing) shall be limited to an area not exceeding 5% of
the total square footage of the store or 2,000 square feet, whichever
is less, and shall be permitted indoors and/or outdoors;
(4)
Outdoor display and/or storage shall be limited to plants, flowers,
herbs, fruits, vegetables, and Christmas trees;
(5)
Any recycling facilities such as reverse vending machines (RVM) or
similar equipment shall be located inside the building;
(6)
Any permitted accessory use, other than parking or a use expressly
authorized as part of the special permit, shall be conducted indoors;
(7)
Cart corrals shall be provided and located in size and number to
sufficiently accommodate patrons and minimize hazards within the parking
lot;
(8)
The following accessory uses shall be permitted: banks (including
indoor ATMs), pharmacies, and optician/optometrists;
(9)
No amplified music or sound system to be operated outdoors;
(10)
No trailers or containers shall remain on site for more than
24 hours, and trailers shall not be utilized for additional product
storage;
P.
Family recreation facility. Where allowed by special permit, family recreation centers, as such term is defined in § 110-59, shall comply with the requirements of § 110-46 of this Code and the following additional specific standards:
[Added 7-16-2018 by L.L.
No. 5-2018]
(1)
A family recreation facility shall only be permitted within a site
that is not utilized in whole or in part for residential purposes,
nor shall same abut a lot in which residential dwellings are allowed
as a principally permitted use;
(2)
The operator/applicant of the family recreation facility shall submit
a lease or letter from the owner of the property joining in the application;
(3)
Drug, cigarette and vape and related use paraphernalia sales and
consumption shall be prohibited;
(4)
A management plan detailing operations, hours, security staffing,
means of egress, etc., shall be provided by the applicant;
(5)
No amplified music or sound system shall be operated outdoors;
(6)
Term of permit. The permit shall expire upon transfer of ownership
of the permitted premises;
(8)
Demonstration by the applicant that potential traffic generation
shall be within the reasonable capacity of the existing or planned
road or street providing access, and that traffic circulation, exit
and entrance drives are laid out to minimize traffic hazards and nuisances.
A.
Lot for every building. Except for designed multistructure
developments, such as but not limited to shopping centers, office
parks or multifamily or townhouse developments, not more than one
principal building hereinafter erected shall be permitted on any lot
in the Village of Mount Kisco.
B.
Obstruction to vision at street intersections. At
all street intersections, no obstruction to vision that exceeds 30
inches in height above street level, other than an existing structure
or tree, shall be erected or maintained on any lot within the triangle
formed by the street lines of such lot and a line drawn between points
along such street lines 50 feet distant from their point of intersection.
C.
Courts.
(1)
Inner courts. An inner court may be permitted if the
minimum dimension of such court is not less than 1 1/2 times the average
height of all surrounding walls of the buildings; however, in the
case of residential buildings, said minimum dimension shall in no
event be less than 60 feet. The height of walls surrounding an inner
court shall be measured from the finished grade at the base thereof
to the top of such walls, except that, in the case of roofs with a
slope exceeding five inches vertical to 12 inches horizontal, the
height shall be measured to the mean point between the top of said
wall and the highest point of the roof.
(2)
Outer courts. The minimum width of an outer court
shall be 20 feet, and the depth shall not exceed its width.
D.
Yard requirements for corner lots.
(1)
Corner lots. All corner lots shall have front yards
on both street frontages and two side yards.
(2)
Through lots. All through lots shall have front yards
on both street frontages and two side yards.
(3)
Two-corner lots. All two-corner lots shall have front
yards on two street frontages and two side yards.
E.
Projecting features above roof level. Towers; gables;
penthouses; scenery lofts; cupolas; spires, steeples and similar structures
on places of worship; water tanks; ventilators; skylights; chimneys;
solar energy devices; and similar structures and necessary mechanical
appurtenances may be erected on the roof of a building to a height
that is greater than the limit established for the district in which
such building is located, provided that the aggregate area covered
by all such structures and appurtenances in excess of the height limitations
shall not exceed 10% of the area of the roof of the building on which
they are located. Except for spires, steeples and similar structures
on places of worship, the height of each such structure shall not
exceed 15 feet above the level of the roof of the principal building.
For other than residential structures, all such features shall be
set back at least a distance equal to the height of such structure
but not less than 10 feet from the walls of the building, except that
walls of elevators and stair enclosures may be built on the side wall
when required by the design of the building. All mechanical equipment
and appurtenances located on a roof of any structure shall be suitably
screened from view from any abutting and inhabited residence. All
features such as water tanks, cooling towers and bulkheads shall be
enclosed and shall be screened by walls of a material and design that
is in general harmony with the building of which they are a part.
Said design shall be subject to approval by the Planning Board and
the Architectural Review Board.
[Amended 4-21-2003 by L.L. No. 2-2003]
F.
Exceptions to yard requirements.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-21-2003 by L.L. No. 2-2003]
(1)
Cornices, cantilevered roofs, window air conditioners
and utility meters may project not more than two feet, and belt courses,
window sills and other ornamental features may project not more than
one foot, into a required yard.
(2)
Fences, hedges or walls, other than retaining walls,
that are not over 6 1/2 feet in height may be erected anywhere
on the lot, except that any such fence, wall or hedge, other than
a retaining wall, that is erected in any front yard shall not have
a height in excess of four feet. With respect to all new fence installations
or replacements, the finished or formal presentation side of said
fence shall face the adjacent property or street.
G.
Accessory structures.
[Amended 1-23-1989 by L.L. No. 3-1989; 4-16-1990 by L.L. No. 4-1990; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
(1)
No accessory structure, except a sign for which a permit, pursuant to Chapter 89 of this Code, has been granted and which is erected pursuant to a site plan approved by the Planning Board, shall be located or project nearer to any street line or side lot line than does the principal structure on the lot.
(2)
Whenever, due to topographic conditions, practical difficulties would result from the enforcement of the requirement set forth in Subsection A with respect to the location of a private residential garage, the Zoning Board of Appeals may grant a variance from such requirement to permit the erection of such a garage within not less than 10 feet of the street line where the natural slope of ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where the natural slope of ground within 25 feet of such line is 20% or greater.
(3)
No detached accessory structure, except a freestanding sign for which a permit, pursuant to Chapter 89 of this Code, has been granted and which is erected pursuant to a site plan approval by the Planning Board, shall be permitted for any retail, service or other commercial use.
(4)
An accessory structure shall not exceed 15 feet in
height.
(5)
An accessory detached garage shall not occupy more
than 75% of the coverage of the existing or proposed principal building,
shall not exceed 750 square feet of coverage, and shall not be closer
than 15 feet to a rear lot line.
H.
Area development plans. The Planning Board is hereby
authorized and empowered to develop and recommend to the Board of
Trustees area development plans for such areas of the village as the
Planning Board shall deem advisable. Such area development plans shall
establish additional regulations applicable to the layout and design
of one or more sites as well as the buildings located thereon necessitated
by the location or other special features of such sites, including
but not limited to standards for landscaping, lighting, signage, utility
installation, paving materials, pedestrian amenities, roadway locations,
traffic improvements and parking facilities. Upon the adoption of
an area development plan by resolution of the Board of Trustees, no
subdivision plat or site plan may be approved, and no building permit
or certificate of occupancy may be granted, for any site or sites
governed by the area development plan, except in accordance with such
plan.
[Added 1-6-1992 by L.L. No. 1-1992]
A.
Landscaping, screening and buffer areas.
(1)
Except as hereinafter provided, all portions of improved
multifamily and nonresidential properties which are not used for structures,
off-street parking and loading, permitted outdoor storage, sidewalks
or similar purposes or are not kept in their natural state shall be
landscaped with grass, shrubs, trees and other ground cover in such
manner as to minimize erosion and stormwater runoff.
(2)
Landscaped screening areas shall be provided along
all property lines of multifamily and nonresidential uses where such
uses abut residential district boundaries. Such landscaped areas shall
comply with the following minimum standards, as well as all applicable
requirements set forth elsewhere in this chapter:
(a)
Said landscaped areas shall include evergreen
plantings of not less than five feet in initial height and/or other
landscaping of such type, height, spacing and arrangement which, in
the judgment of the Planning Board, provides proper screening of the
use.
(b)
Unless specifically required elsewhere in this
chapter, a wall, earth berm or fence of location, height, design and
materials approved by the Planning Board may be substituted for part
or all of the required landscaped areas.
(c)
Where the existing topography and/or existing
landscaping provides adequate screening, the Planning Board may waive
or modify the planting and/or landscape requirements of this chapter.
(d)
All trees, plantings, shrubbery or other screening
facilities required by the Planning Board as part of site plan approval
or by other requirements of the Zoning Law shall be maintained or
replaced at all times at least to the same quality required of said
items at the time they were initially installed.
B.
Waiver of buffer requirements. Upon determination
by the Planning Board that all or part of a required buffer area is
not necessary for an individual site development, due to factors such
as abutting land uses or topography, or if an alternative method of
screening a property is proposed through earth berms, landscaping
and other such treatments, the Board may modify or waive such buffer
requirements, provided that the intensity of development on the subject
site is not increased by the modification or waiver.
C.
Illumination.
[Amended 4-21-2003 by L.L. No. 2-2003]
(1)
Purpose and intent. The Village Board of Trustees
hereby finds that the regulation of outdoor lighting in the Village
of Mount Kisco is necessary to prevent misdirected or excessive artificial
light, caused by inappropriate or misaligned light fixtures that produce
glare, light trespass, and/or unnecessary sky glow; and also that
such regulation is necessary to discourage the waste of electricity
and to improve or maintain night-time public safety, utility and security.
(2)
Light trespass. All new light fixtures, except street
lighting, shall be designed, installed and maintained to prevent light
trespass, as specified below.
(a)
At the lot lines of the subject property, illumination
from the light fixtures shall not exceed 0.1 footcandle on residentially
zoned property or 0.5 footcandle on nonresidentially zoned property,
measured in a vertical plane.
(b)
Outdoor light fixtures shall be directed so
that there will be no objectionable direct light emissions, and light
fixtures near adjacent property may require additional shielding devices
to prevent light trespass.
(3)
Outdoor lighting. All outdoor lighting fixtures installed
and thereafter maintained other than those serving single-family or
two-family residential dwellings shall comply with the following requirements:
(a)
All exterior illumination shall be shielded
from the view of all surrounding properties and streets, and all such
lighting, other than lighting of roads, parking areas or buildings,
essential for safety or security purposes or as required by government
regulation shall be extinguished during nonoperating hours. Illuminated
signage is excluded from this requirement.
(b)
Where used for security purposes or to illuminate
walkways, roadways and parking lots, only shielded light fixtures
shall be used.
(c)
Where used for commercial and industrial purposes,
such as in merchandise display areas, work areas, platforms, signs,
architectural, landscape, or sports or recreational facilities, all
light fixtures shall be equipped with automatic timing devices and
comply with the following:
[1]
Light fixtures used to illuminate flags, statues
or any other objects mounted on a pole, pedestal or platform shall
use a narrow cone beam of light that will not extend beyond the illuminated
object.
[2]
Other upward-directed architectural, landscape
and decorative lighting shall not be visible above the building roof
line.
[3]
Recreational sports facility lighting shall
comply with IES recommendations and shall be shielded whenever possible.
[4]
Externally illuminated building identification
or other signs shall only use shielded light fixtures mounted on the
top of the sign structure.
[5]
All other outdoor lighting shall use shielded
lighting fixtures.
(d)
All floodlight types of fixtures shall be permanently
affixed in the approved position.
(e)
Foundations that support lighting poles not
installed at least four feet behind the curb shall be not less than
24 inches above the ground.
(f)
Down-lighting in accordance with IES standards
shall be provided around all senior citizen housing buildings. All
walkways, parking areas and outdoor activity areas to be used shall
be lighted in accordance with the provisions herein.
(4)
Illuminance requirements.
(a)
Street lighting. Average IES illuminance recommendations
shall not be exceeded. IES average to minimum illuminance uniformity
ratios are to be used as a guide for designing safe and adequate roadway
lighting.
(b)
Outdoor parking facilities. Illuminance requirements
shall be determined by the type of uses indicated below. Average and
minimum illuminance shall be provided as shown below.
(c)
Illuminance of an American flag shall not exceed
5.0 footcandles.
(d)
All other illuminance uses shall not exceed
IES recommendations.
(e)
Maximum to minimum illuminance ratios shall
not exceed 15:1.
(5)
Site plan applications shall include the following:
(a)
Description of outdoor light fixtures, including
component specifications such as lamps, reflectors, optics, angles
of cutoff, supports, poles and manufacturer's catalog cuts.
(b)
Location and description of every outdoor light
fixture and hours of operation.
(d)
Computer-generated photometric grid showing
footcandle readings every 10 feet, and the average footcandles. Small
areas may require the average to be computed from positions no greater
than five feet apart.
(e)
Foundation details for light poles.
Any development within the one-hundred-year
floodplain, as defined by the National Flood Insurance Rate Maps,
which are on file in the office of the Village Engineer, shall comply
with the following:
A.
Residential development New construction or any repair,
reconstruction or improvement of a structure, of which the cost of
such repair, reconstruction or improvement exceeds 50% of the market
value of the structure, shall have the lowest floor, including the
basement, elevated to or above the base flood elevation at that point,
as defined on the Flood Insurance Rate Map.
B.
Nonresidential development. New construction or any
repair, reconstruction or improvement as above defined shall either
have the lowest floor, including the basement, elevated to or above
the base flood elevation at that point, as defined on the Flood Insurance
Rate Map, or the building and all attendant utilities shall be floodproofed
to the satisfaction of the Village Engineer.
[Added 4-21-2003 by L.L. No. 2-2003]
In addition to all other requirements of the
Zoning Code, all development in the Village shall comply with the
following natural resources protection regulations:
A.
Steep slopes.
(1)
Development limitations. To protect environmentally sensitive lands, preserve the Village's natural resources, and promote the orderly development of land, development on parcels that contain excessively steep slope areas, which parcel on the effective date of this chapter is in excess of 40,000 square feet and is in single, undivided ownership, shall be limited by deducting the following from the gross lot area of such parcels to determine the net lot area [in conjunction with § 110-33.1B(1) herein]:
(2)
Steep slopes protection regulations.
(a)
Purpose. For the purpose of preventing erosion,
preventing stormwater runoff and flooding, providing safe building
sites, preventing landslides and soil instability, protecting the
quantity and quality of the Village's surface and groundwater resources,
protecting important scenic views and vistas, preserving areas of
wildlife habitat, minimizing the area of land disturbance related
to site development and protecting the Village's character and property
values, it is the intent of these steep slope regulations to minimize
disturbance on steep slopes and to avoid disturbance and construction
activities on very steep slopes. Further, it is the intent of these
steep slope regulations to minimize the development of hilltops and
ridgelines. The Village Board, the Planning Board, the Zoning Board
of Appeals, the Building Inspector and the Village Engineer shall
take these objectives into consideration in reviewing and acting on
any plans submitted pursuant to the provisions of this chapter.
(b)
Exempt and regulated activities.
[1]
Regulated activities.
[a]
It shall be unlawful to create
any disturbance greater than 100 square feet in aggregate, or to cut
any tree with a diameter greater than four inches when measured from
1 1/2 feet from ground level, on any steep slope, hilltop, or
ridgeline, other than an exempt activity as defined herein, without
a Steep Slopes Permit issued in conformance with these regulations.
[b]
In order to protect the stability
of slopes and to ensure the safety of residents, construction activities
on steep slopes shall be minimized and shall follow the standards
for grading set forth herein.
[c]
Construction activities shall not
be permitted on very steep slopes unless there is no viable alternative.
[2]
Exempt activities. The following
activities shall be exempt from provisions of this chapter:
(c)
Standards for development approval. In denying,
granting, or granting with modifications any application for a steep
slopes permit, the Planning Board shall consider the consistency of
the proposed activity with the following standards:
[1]
Disturbance and construction activities
on very steep slopes shall not be permitted unless there is no viable
alternative.
[2]
Disturbance of areas with steep
slopes shall be in conformance with the following provisions:
[a]
The planning, design and development
of buildings shall provide the maximum in structural safety and slope
stability while adapting the affected site to, and taking advantage
of, the best use of the natural terrain and aesthetic character.
[b]
The terracing of building sites
shall be kept to an absolute minimum. The construction of retaining
walls greater than six feet in height or 60 feet in length shall not
be permitted unless there is no viable alternative.
[c]
Roads and driveways shall follow
the natural topography to the greatest extent possible in order to
minimize the potential for erosion and shall be consistent with other
applicable regulations of the Village of Mt. Kisco and current engineering
practices.
[d]
Replanting shall consist of vegetation
intended to further slope stabilization with a preference for indigenous
woody and herbaceous vegetation.
[e]
When development activities are
proposed to occur on hilltops or ridgelines, the plans submitted for
review shall demonstrate that the impacts on the functions, aesthetics
and essential characteristics of such areas are effectively minimized
and mitigated. The natural elevations and vegetative cover of ridgelines
shall be disturbed only if the crest of a ridge and the tree line
at the crest of the ridge remains uninterrupted and shall not be permitted
unless there is no viable alternative. This may be accomplished either
by positioning buildings and areas of disturbance below a ridgeline
or hilltop or by positioning buildings and areas of disturbance at
a ridgeline or hilltop so that the elevation of the roof line of the
building is no greater than the elevation of the natural tree line.
However, under no circumstances shall more than 50 feet along a ridgeline,
to a width of 50 feet generally centered on a ridgeline, be disturbed.
[f]
Any regrading shall blend in with
the natural contours and undulations of the land.
[g]
Cuts and fills shall be rounded
off to eliminate sharp angles at the top, bottom, and sides of regraded
slopes.
[h]
The angle of cut and fill slopes
shall not exceed a slope of one vertical to two horizontal except
where retaining walls, structural stabilization, or other methods
acceptable to the Village Engineer are used, in which case the angle
shall not exceed a slope of one vertical to three horizontal.
[i]
Tops and bottoms of cut and fill
slopes shall be set back from structures a distance that will ensure
the safety of the structures in the event of the collapse of the cut
or fill slopes. Generally, such distance shall be considered to be
six feet plus 1/2 the height of the cut or fill.
[j]
Disturbance of rock outcrops shall
be by means of explosives only if labor and machines are not effective
and only if rock blasting is conducted in accordance with all applicable
regulations of the Village of Mt. Kisco and the State of New York.
[k]
Disturbance of steep slopes shall
be undertaken in workable units in which the disturbance can be completed
and stabilized in one construction season so that areas are not left
bare and exposed during the winter and spring thaw periods (December
15 to April 15).
[l]
Disturbance of existing vegetative
ground cover shall not take place more than 15 days prior to grading
and construction.
[m]
Temporary soil stabilization, including,
if appropriate, temporary stabilization measures such as netting or
mulching to secure soil during the grow-in period, must be applied
to an area of disturbance within two days of establishing the final
grade, and permanent stabilization must be applied within 15 days
of establishing the final grade.
[n]
Soil stabilization must be applied
within two days of disturbance if the final grade is not expected
to be established within 21 days. In locations where construction
activities have temporarily ceased, temporary soil stabilization measures
must be applied within one week.
[o]
Topsoil shall be stripped from
all areas of disturbance, stockpiled and stabilized in a manner to
minimize erosion and sedimentation, and replaced elsewhere on the
site at the time of final grading. Stockpiling shall not be permitted
on slopes of greater than 10%.
[p]
No organic material or rock with
a size that will not allow appropriate compaction or cover by topsoil
shall be used as fill material. Fill material shall be no less granular
than the soil upon which it is placed, and shall drain readily.
[q]
Compaction of fill materials in
fill areas shall be such to ensure support of proposed structures
and stabilization for intended uses.
[r]
Structures shall be designed to
fit into the hillside rather than altering the hillside to fit the
structure. (Among the methods that may be employed to achieve this
goal are reduced footprint design, "step-down" structures, stilt houses,
minimization of grading outside the building footprint, placement
of structures at minimum street setback requirements to preserve natural
terrain, etc.).
[s]
Development shall be sited on the
least sensitive portions of the site to preserve the natural landforms,
geological features, and vegetation.
[t]
The stability of slopes and the
erodibility of soils on slopes is a function of various physical soil
properties and underlying bedrock conditions. Where site surveys indicate
the presence of soils or underlying bedrock conditions the physical
properties of which might present limitations on construction practices
or high erodibility that may result in unstable slopes, the Planning
Board may limit the type and extent of construction activities or
disturbance to these areas as necessary to ensure public health, safety,
and welfare.
[u]
Impacts from construction activities
or other disturbance on bedrock outcrops and glacial erratics shall
be minimized.
[v]
All measures for the control of
erosion and sedimentation shall be undertaken consistent with this
chapter and with the Westchester County Soil and Water Conservation
District's "Best Management Practices Manual for Erosion and Sediment
Control," and New York State Department of Environmental Conservation
"Guidelines for Urban Erosion and Sediment Control", as amended, or
its equivalent satisfactory to the Planning Board, whichever requires
the higher standards.
[w]
All proposed disturbance of steep
slopes shall be undertaken with consideration of the soils limitations
characteristics contained in the Identification Legend, Westchester
County Soils Survey, 1989, as prepared by the Westchester County Soil
and Water Conservation District, in terms of recognition of limitation
of soils on steep slopes for development and application of all mitigating
measures, and as deemed necessary by the Planning Board.
(d)
Permit procedures.
[1]
Application for permit. An application
for a steep slopes permit shall be filed with the Planning Board,
and shall contain the following information and such other information
as required by it, except when waived by the Planning Board as not
pertinent or necessary for the proposed disturbance:
[a]
Name, post office address and telephone
number of the owner and applicant.
[b]
Street address and Tax Map designation
of property covered by the application.
[c]
Statement of authority from owner
for any agent making application.
[d]
Listing of property owners adjacent
to, across streets from, and downslope within 500 feet of the property,
and any additional property owners deemed appropriate by the Planning
Board.
[e]
Statement of proposed work and
purpose thereof.
[f]
A statement prepared by a licensed
architect, registered landscape architect, or engineer, that describes:
[i]
The methods to be used in overcoming
foundation and other structural problems created by slope conditions,
in preserving the natural watershed and in preventing soil erosion;
and
[ii]
The methods to be used to eliminate
or mitigate water runoff on all adjacent properties and any other
property that will be naturally affected by increased water runoff.
[g]
A statement made under the seal
of a licensed professional engineer certifying that:
[h]
Eleven copies of plans for the
proposed regulated activities drawn to a scale of not less than one
inch equals 50 feet (unless otherwise specified by the Planning Board).
Such plans shall be sealed and show the following:
[i]
Location of proposed construction
or disturbance and its relationship to property lines, easements,
buildings, roads, walls, sewage disposal systems, wells, and wetlands
within 100 feet of the proposed construction or disturbance, unless
a greater distance is deemed appropriate by the Planning Board.
[ii]
Estimated material quantities
of excavation/fill.
[iii]
Location and size of areas of
soils by soils types in the area of proposed disturbance and to a
distance of 100 feet surrounding the area of disturbance.
[iv]
Existing and proposed contours
(NGVD, National Geodetic Vertical Datum) at two-foot intervals in
the area of proposed disturbance and to a distance of 100 feet beyond.
[v]
Slope categories for the entire
project site itself showing at minimum the steep slope and very steep
slope categories. Slope is to be determined from on-site topographic
surveys prepared with a two-foot contour interval. The vertical rise
is to be measured, on the basis of two-foot contours, in a ten-foot
horizontal length.
[vi]
Cross sections of steep slope
areas proposed to be disturbed.
[vii]
Retaining walls or like constructions,
with details of construction.
[viii]
Erosion and sedimentation control
plan prepared in accordance with the requirements listed above in
Subsection A(2)(c)[2][k] through [o]. These plans must be submitted
under the seal of a licensed professional engineer and must show and
certify the following:
[A]
All existing and proposed natural
and artificial drainage courses and other features for the control
of drainage, erosion and water.
[B]
The calculated volume of water
runoff from the slope(s) and from the lot in question, as unimproved.
[C]
The calculated volume of water
runoff from the slope(s) and from the lot in question, as improved.
[D]
The existence, location and capacity
of all natural and artificial drainage courses and facilities within
500 feet of the lot, which are or will be used to carry or contain
water runoff to and from the slopes(s) and the lot.
[i]
If required by the Planning Board,
a detailed monitoring program, including but not necessarily limited
to written status reports at specified intervals documenting activities
undertaken pursuant to a permit.
[j]
A list of all applicable county,
state or federal permits that are required for such work or improvements.
[k]
An application fee in the amount
set forth in a fee schedule established by the Village Board.
[l]
Other details, including specific
reports by qualified professionals on soils, geology and hydrology,
and borings and/or test pits, as may be determined to be necessary
by the Planning Board.
[2]
Application review. The Planning Board may hire professionals to review a steep slopes permit application at the sole expense of the applicant, as part of its powers also enumerated in § 110-45C(8) of this chapter.
[3]
Notice and public hearing. The
Planning Board shall not decide on any application for a steep slopes
permit without first holding a public hearing, notice of which hearing,
including the substance of the application, shall be given by publication
in the official newspaper of the Village at least 15 days before the
date of such hearing. In addition to such published notice, the applicant
shall cause such notice to be mailed at least 10 days before the hearing
to all owners of property which lies within 300 feet of the property
for which approval is sought and to such other owners and by such
other means of notification as the Planning Board may deem advisable.
[Amended 12-28-2009 by L.L. No. 7-2009]
[4]
Action by the Planning Board. A
determination shall be made to approve, approve with modifications
and conditions, or disapprove the application within 60 days of closure
of the public hearing. In approving any application the Planning Board
may impose such conditions or limitations as it determines necessary
to ensure compliance with the intent, purposes and standards of this
chapter.
(e)
Duration of permit.
[1]
Activities specified by the steep
slopes permit shall be undertaken pursuant to the provisions of this
chapter and any conditions of the permit and shall be completed according
to any schedule set forth in the permit.
[2]
A steep slopes permit shall expire
on the completion of the activities specified and shall be valid for
a period of one year from the date of approval, or for the period
of any other permit or approval issued by the Planning Board.
[3]
A permit may be renewed by the
Planning Board for a period of up to one year.
(f)
Security. In granting a permit, the Planning
Board shall require a security in an amount and with surety and conditions
sufficient to insure its compliance with the conditions and limitations
set forth in the permit.
(g)
Inspection and monitoring.
[1]
The Planning Board may inspect,
or cause to be inspected by its representative, activities pursuant
to a permit so as to ensure satisfactory completion at the sole expense
of the applicant.
[2]
The Planning Board may require
that the applicant submit for approval a detailed monitoring program,
including but not necessarily limited to written status reports at
specified intervals documenting activities undertaken pursuant to
a permit.
[3]
The Planning Board may require
that the activities undertaken pursuant to a permit be supervised
by an appropriate licensed professional at the sole expense of the
applicant.
(h)
Violations; penalties.
[1]
Notice of violation. Any person
found violating any provision of this chapter or the terms and conditions
of any permit granted hereunder shall be served with a written notice
stating the nature of the violation and providing a specific time
for the satisfactory correction thereof, which time shall not be less
than five days.
[2]
Stop order. The foregoing notwithstanding,
if, in the judgment of either the Village Engineer or the Building
Inspector, there is a violation of this chapter or any permit issued
hereunder, then the Village Engineer or the Building Inspector may
issue a written order to cease all work creating or causing said violation
and directing the applicant to appear before the Planning Board at
its next meeting. Upon the issuance of such an order and its delivery
to the permit holder or his agent or contractor, the permit shall
be deemed to have been suspended, and it shall be unlawful and a violation
of this chapter to continue the permitted activity. The official issuing
such an order shall rescind the order upon compliance with the permit
and the taking of such corrective action as shall be determined by
the permitting authority.
[3]
Administrative sanctions.
[a]
In addition to any penalties imposed under Chapter 1 of this Code, upon finding that an applicant or any person acting as an agent or contractor for the applicant has violated the terms of this chapter or any permit issued hereunder, the Planning Board may impose any one or more of the following sanctions for each and every such violation:
[i]
Revocation of the permit.
[ii]
Direction to restore the affected
area within a reasonable time to its condition prior to the violation,
insofar as that is possible.
[iii]
Imposition of any additional
conditions on the permit as may be reasonably necessary to effectuate
the restoration of the affected area and/or prevent the recurrence
of the violation.
B.
Wetlands.
(1)
Development limitations. To protect environmentally sensitive lands, preserve the Village's natural resources, and promote the orderly development of land, development on parcels that contain wetlands and waterways, which parcel on the effective date of this chapter is in excess of 40,000 square feet and is in single, undivided ownership, shall be limited by deducting the following from the gross lot area of such parcels to determine the net lot area (in conjunction with § 110-33.1A(1) herein:
[Added 11-19-2018 by L.L.
No. 6-2018]
A.
Authority. This solar energy section is adopted pursuant to §§ 7-700
through 7-704 of the Village Law, and § 20 of the Municipal
Home Rule Law of the State of New York, which authorize the Village/Town
of Mount Kisco to adopt zoning provisions that advance and protect
the health, safety and welfare of the community, and, in accordance
with the Village and Town law of New York State, "to make provision
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
B.
Statement of purpose. This solar energy section is adopted to advance
and protect the public health, safety, and welfare of the people of
the Village by creating regulations for the installation and use of
solar energy generating systems and equipment, with the following
objectives:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Village,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as forests, wildlife and other protected resources;
(5)
To create synergy between solar and the stated goals of the
community pursuant to its Comprehensive Plan, such as the protection
of environmental resources, assuring that community services sufficiently
meet the needs of the Village's current and future population, and
promote a balanced pattern of future land use;
(6)
To invest in a locally generated source of energy and to increase
local economic value, rather than importing nonlocal fossil fuels;
(7)
To align the laws and regulations of the community with several
policies of the State of New York, particularly those that encourage
distributed energy systems;
(8)
To diversify energy resources to decrease dependence on the
grid;
(9)
To make the community more resilient during storm events; and
(10)
To encourage investment in public infrastructure supportive
of solar, such as generation facilities, grid-scale transmission infrastructure,
and energy storage sites.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in the Village of Mount
Kisco after the effective date of this section, excluding general
maintenance and repair.
(2)
Legally authorized solar energy systems constructed or installed
prior to the effective date of this section shall not be required
to meet the requirements of this section.
(3)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 20% of the original area
of the solar energy system (exclusive of moving any fencing) or fail
to comply with zoning shall be subject to this section.
(4)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Code of the Village/Town of Mount Kisco ("Village
Code").
D.
General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems.
(2)
Issuance of permits and approvals by the Planning Board shall
include review pursuant to the State Environmental Quality Review
Act ECL Article 8 and its implementing regulations at 6 NYCRR Part
617 ("SEQRA").
(3)
Unless specifically superseded herein, all other chapters of
this Code and any other applicable county, state or federal law or
regulation shall apply.
(4)
The Building Inspector or the Planning Board shall have the
discretionary authority to call upon any department, agency or employee
of the Village for such assistance as shall be deemed necessary, including
but not limited to the Fire Department, and emergency service providers,
for reviews and recommendations.
E.
Permitting requirements for Tier 1 solar energy systems.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy system:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems on buildings shall incorporate
the following design requirements:
[1]
Solar panels on pitched roofs shall be mounted
with a maximum distance of eight inches between the roof surface the
highest edge of the system.
[2]
Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[4]
Solar panels on flat roofs shall not extend above
the top of the surrounding parapet, or more than 24 inches above the
flat surface of the roof, whichever is higher.
(b)
Glare: All solar panels shall have anti-reflective coating(s).
(c)
Height: All roof-mounted solar energy systems shall comply with
the height limitations in the underlying zoning district. If the installation
is proposed to an existing building whose height already meets or
exceeds the maximum building height, the system may be installed above
the existing maximum roof height but not to exceed 24 inches above
the existing maximum height.
(2)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
(3)
Tier one solar energy systems may also be installed on the roof
of an accessory structure provided that collectively such panels shall
not exceed 750 square feet and shall comply with zoning requirements
for accessory structures.
F.
Permitting requirements for Tier 2 solar energy systems. (Reserved)
G.
Permitting requirements for Tier 3 solar energy systems. All Tier
3 solar energy systems are permitted through the issuance of a special
use permit and site plan approval within the Conservation Development
District (CD), Preservation District (PD), Limited Commercial District
(CL), General Commercial District (GC), General Retail District (GR),
Hospital District (H), Light Manufacturing District (ML), Low-Intensity
Office District (OD), General Office District (OG), Central Business
District - 1 (CB-1), Central Business District - 2 (CB-2), Recreation
District (R), Research and Development District (RD), and Service
Commercial District (SC) zoning districts. All such Tier 3 solar energy
systems shall be subject to the underlying zoning restrictions in
the district in which they are proposed as set forth within this chapter.
(1)
Applications for the installation of Tier 3 solar energy system
shall be subject to all rules, referrals, procedures and requirements
applicable to special permit and site plan applications.
(2)
Underground requirements. All on-site utility lines shall be
placed underground to the extent feasible and as permitted by the
serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment.
(3)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(4)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted on the smallest sign
feasible and in no case shall the sign be of an area greater than
six square feet.
(b)
As required by National Electric Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(5)
Glare. All solar panels shall have anti-reflective coating(s).
(6)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(7)
Tree-cutting. Removal of existing trees larger than eight inches in diameter should be minimized to the extent practicable and a mitigation/replanting plan shall be required on and/or off site pursuant to Chapter 99. Mitigation shall be determined based upon the area of disturbance as determined by the Planning Board. In determining any replanting or replacement, the Planning Board may require a pollinator-friendly habitat as an additional means of mitigation.
(8)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing
electricity for a period of one year shall be removed at the owner's
and/or operator's expense.
(b)
A decommissioning plan (see Appendix 1)[1] signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy system.
[2]
The time required to decommission and remove the
solar energy system and any ancillary structures.
[3]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[4]
A tree restoration plan, restoring the decommissioned
area to a condition similar to the condition that existed prior to
the installation, recognizing that mature plantings cannot be easily
relocated, the Planning Board may exercise discretion in determining
the number, caliper, type and location of plantings in reviewing any
such plan, but all plantings shall be native noninvasive species.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(c)
Security/lien. In the event of default upon performance of such
decommissioning, after proper notice, the Village shall be entitled
to arrange for removal or decommissioning and the cost of same shall
constitute a lien on the owner's real property.
(9)
Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. Any site plan application shall, in addition to the material required by § 110-45, include the following information:
(a)
Property lines and physical improvements and features, including
driveways, roads, topography, and trees as taken from an updated survey
for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code-compliant disconnects and over-current devices.
(d)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(f)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(g)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(h)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(i)
Any additional information required by the Planning Board based
upon the on-site conditions.
(10)
Special use permit standards.
(a)
Lot size. The property on which the Tier 3 solar energy system
is placed shall meet the lot size requirements of the underlying zoning
district.
(b)
Setbacks. The Tier 3 solar energy systems shall comply with
the following setback requirements:
[1]
In all nonresidential districts, each Tier 3 solar
energy system shall, at a minimum, a) satisfy the setbacks requirements
of the underlying zoning district for principal structures, and b)
shall not be set back less than the maximum height of the system;
[2]
In all residential districts, each Tier 3 solar
energy system shall, at a minimum, a) satisfy the setback provisions
as expressly provided in said district, and b) shall not be set back
less than the maximum height of the system. Where the Planning Board
determines that, consistent with the stated purpose and intent of
the underlying district, an alternate layout would better protect
and preserve existing topography, wetlands, steep slopes and view
sheds, the Planning Board may increase such setback requirements and
require supplemental methods of screening through earth berms, landscaping
and other such treatments, or such other condition which provides
for a better layout.
(c)
Height. The Tier 3 solar energy system shall not exceed 15 feet in height in residential districts and shall not exceed 20 feet in nonresidential districts, except that the Planning Board, in its discretion, may alter same to accommodate vehicle clearance for carports. For purposes of determining height structures shall be subject to the definition of "structure height" in § 110-59.
(d)
Development coverage.
[1]
The following components of a Tier 3 solar energy
system shall be considered included in the calculations for development
coverage requirements:
[a]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[b]
All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[c]
The horizontal surface area of all panels, arrays,
fencing and other components of the Tier 3 solar energy system.
[d]
Access roads servicing the solar energy system.
[2]
Development coverage of the Tier 3 solar energy
system, as defined above, shall be restricted as follows:
[a]
In all nonresidential districts, no lot shall exceed
the maximum lot development coverage requirement of the underlying
zoning district, inclusive of any development coverage derived from
solar energy systems.
[b]
In all residential districts, each lot shall comply
with the designated maximum lot development coverage requirement of
the underlying zoning district, and shall not occupy more than 35%
of the net lot area.
(e)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed and secured as
required by NEC and the Planning Board, with a self-locking gate to
prevent unauthorized access.
(f)
Screening, visibility, and habitat. Solar energy systems shall
be required to:
[1]
Conduct a visual assessment of the visual impacts
of the solar energy system on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including for example a digital
viewshed report, may be required to be submitted by the applicant.
[2]
Submit a screening and landscaping plan to show
adequate measures to screen through landscaping, grading, or other
means so that views of solar panels and solar energy equipment shall
be minimized as reasonably practical from public roadways and adjacent
properties to the extent feasible. The screening and landscaping plan
shall specify the locations, elevations, height, plant species, and/or
materials that will comprise the structures, landscaping, and/or grading
used to screen and/or mitigate any adverse aesthetic effects of the
system, following the applicable rules and standards established by
the Village.
[3]
Tier 3 solar energy system owners shall develop,
implement, and maintain native vegetation to the extent practicable
pursuant to a vegetation management plan by providing native perennial
vegetation and a foraging habitat beneficial to game birds, songbirds,
and pollinators consistent with any requirements of the Agriculture
and Markets Law. To the extent practicable, when establishing perennial
vegetation and a beneficial foraging habitat, the owners shall use
native plant species and seed mixes.
(11)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan.
H.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
Solar energy systems, and access to same, shall be maintained
in good working order, in accordance with industry standards, and
as may be specified or required by the Planning Board.
(3)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Village and
any applicable federal, state, or county laws or regulations.
I.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy
system shall be subject to commencement of construction within 12
months from the date of site plan approval. In the event construction
is not completed in accordance with the final site plan, as may have
been amended and approved, as required by the Planning Board, within
12 months after commencement of construction, the Planning Board,
upon prior written application of the applicant, may extend the time
to complete construction for an additional six months. If the applicant
fails to achieve substantial completion after 24 months, the approvals
shall expire.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Village may notify and instruct
the property owner and operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may remove of the solar energy system,
restore the site in accordance with the decommissioning plan and place
a lien on the property for the cost of such undertaking.
(4)
If, at the time of decommissioning, the property owner desires to pursue a utilization of the area different from the restoration set forth in the decommissioning plan, said owner shall pursue a site plan amendment in a timely fashion so that the application, approval and implementation may all be completed before the expiration of the three-hundred-sixty-day period referenced in Subsection I(2). Said application shall comply with then existing zoning regulations.
J.
Enforcement. Any violation of this solar energy section shall be
subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of Village.
K.
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any
court of competent jurisdiction to be unconstitutional, shall not
affect the validity or enforceability of any other section, subsection,
paragraph, sentence, clause, provision, or phrase, which shall remain
in full force and effect.
