Town/Village of Mount Kisco, NY Off-Street Parking and Loading Regulations

All off-street parking shall be subject to the requirements set forth in this article.

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]

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.

Location of off-street parking facilities.

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.

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%.

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]

Two or more uses on the same or contiguous lots.

[Amended 10-7-2003 by L.L. No. 9-2003]

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.

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.

Ingress and egress to parking areas.

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.

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.

Design requirements.

Parking spaces. Each required parking space shall be designed in accordance with the diagram at the end of this chapter entitled "Parking Facility Standards."

Parking lots. Off-street parking lots shall be designed in accordance with the diagram at the end of this chapter entitled "Parking Facility Standards."

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.

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.

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

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.

Parking structures.

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.

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.

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.

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:

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.

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.

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]

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.

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.

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:

Both vehicles are owned or operated by a person residing on the same lot; and

Only one vehicle is parked outdoors; and

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]

In the front and side yard distance setbacks required for the zone in which such building is located;

Within 10 feet of the rear property line; and

Between the street line and the front wall of the principal structure on the lot.

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.

Effect of parking requirements on existing uses.

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.

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.

Minimum off-street parking standards.

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]

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.

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:

Off-street parking for street-level land uses (first floor) within the CB-1 District shall not be required.

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]