Mount Vernon City Zoning Code
ARTICLE VIII
Off-Street Parking and Loading
§ 267-39 Purposes.
All structures and uses shall be provided with a sufficient amount of off-street parking and loading spaces for employees, residents, visitors, clients, patrons, deliverers and other persons at such structures or uses, but not less than the minimum requirements of this chapter. No certificate of occupancy shall be issued for any structure or use, whether for a new structure or a change of use of an existing structure, until all required off-street parking and loading spaces have been established in accordance with this chapter. The continued operation of such facilities in accordance with the requirements of this chapter shall be required as a condition of the continued validity of the certificate of occupancy.
§ 267-40 Spaces required.
A.
Schedule of Off-Street Parking and Loading Space Requirements. The Schedule of Off-Street Parking and Loading Space Requirements[1] presents the minimum parking space and loading space requirements of this chapter. Where there is more than one use, the minimum requirements shall be cumulative for all uses, except where shared use of parking or loading spaces are permitted by the approving agency pursuant to Chapter 267, Article VIII thereof. For uses that do not fall within the categories listed, or for uses where no minimum number of spaces is specified, the Commissioner of Planning shall recommend to the approving agency minimum parking and loading space requirements based upon the specific nature of the proposed facility or use, and the approving agency shall establish the requirements on that basis. Required spaces developed for specific structures and uses shall be reserved at all times to persons who are employed at or make use of such structures and uses, except where such parking spaces are dedicated to and accepted by the City of Mount Vernon as public parking, or where arrangements for shared use are made pursuant to Subsection B below.
[1]
Editor's Note: The Schedule of Off-Street Parking and Loading Space Requirements is included at the end of this chapter.
B.
Shared use. The total number of off-street parking and loading spaces required shall be the sum of the requirements for each individual use, except that such total may be reduced by the approving agency where the applicant demonstrates to the satisfaction of such agency that the capacity of the facility will satisfy the purposes of this chapter by reason of variation in the probable time of maximum use by residents, visitors, patrons, deliverers and/or employees.
C.
Limitations on reserved spaces. No more than 10% of the minimum required off-street parking spaces designed to serve nonresidential uses and no more than one space per dwelling unit in multifamily residential developments shall be permitted to be reserved for the exclusive use of individual dwelling units, persons and/or business establishments. Limitations on reserved spaces do not apply to parking spaces provided in excess of the minimum requirements of this chapter.
D.
Effect on existing structures and uses. Structures and uses in existence or for which building permits have been issued prior to the effective date of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities existing or approved to serve such structures or uses shall not in the future be reduced or re-designated to serve other structures or uses, except to the extent that they exceed such requirements. At the time of any enlargement, change or expansion of existing structures or uses in the future, the following requirements shall apply:
(1)
Required parking and loading facilities for that part of the structure or use which constitutes an enlargement or expansion shall be provided in accordance with all requirements of this chapter.
(2)
To the maximum extent deemed feasible and reasonable by the approving agency, parking and loading facilities shall also be provided to serve the existing portion of such structure or use that does not conform to all parking and loading space requirements of this chapter.
(3)
At the time of any change of use in an existing structure which would result in an increased off-street parking or loading space requirement, the additional parking and loading spaces so required shall be provided in accordance with all applicable requirements of this chapter.
E.
Alternate methods of complying with parking and loading requirements.
(1)
Alternate locations. Required off-street parking facilities shall be provided on the same lot with the structure or use which they serve, except as follows:
(a)
The approving agency may allow all or part of the parking spaces required to serve structures or uses to be located on any lot entirely within 250 feet of the structures or uses to be served, provided that such parking is a lawful use in the district in which it is to be located, and further provided that the approving agency determines that it is impractical to provide parking on the same lot with the structures or uses being served.
(b)
In any H District, the required parking spaces may be provided on any lot within 450 feet of the structures or uses to be served.
(c)
Where the approving agency approves the location of such parking spaces on a lot different from the lot occupied by the structure or use served, the approving agency shall require a legal instrument, in form and filing, satisfactory to the Corporation Counsel, assuring the continued use of said parking spaces in connection with the uses or structures served.
(d)
The construction or expansion of any nonresidential structure or facility involving less than 4,000 square feet of gross floor area shall not be required to provide accessory off-street parking and loading spaces when such use is located within 500 feet of a municipal parking facility operated by the City of Mount Vernon.
(e)
For the construction or expansion of any nonresidential structure or facility involving more than 4,000 square feet of gross floor area, the approving agency may allow all or a portion of the parking spaces required to serve structures or uses to be located within a municipal parking facility operated by the City of Mount Vernon within 500 feet of the structure or uses to be served, provided that the applicant demonstrates to the satisfaction of the approving agency that the current capacity of the municipal parking facility will satisfy the purposes of this chapter.
(2)
Fee in lieu of off-street parking spaces.
(a)
Application for a permit for construction, alteration, addition or change of use shall not be granted if the minimum required off-street parking spaces are not provided in accordance with this chapter, except that:
[1]
The applicant shall pay a parking fee for each required space which is not provided on site, or on another lot as permitted per Subsection E(1)(a), (b) and (c) in lieu of providing the minimum required off-street parking spaces upon approval from the Zoning Board of Appeals of an area variance for off-street parking.
[3]
Exception for a housing project contracted to provide low rent or low purchase price for low-income households, the parking fee shall only be charged if a dwelling unit is not provided with at least one off-street parking space. In such case, one parking fee shall be charged for each and every dwelling unit for which no parking space is provided, unless City Council approval is granted for waiving the fee. This exception shall not relieve the applicant to obtain approval from the Zoning Board of Appeals for an off-street-parking variance.
(b)
The parking fee shall be paid to the issuing agency prior to the issuance of the permit, except that the fee may be paid at any time prior to the issuance of a certificate of occupancy for project under construction at the time this amendment takes effect.
(3)
Loading facilities. Required off-street loading facilities shall be provided on the same lot with the structure or use which they serve. However, the approving agency may allow off-street loading spaces to be located within the building being served, provided that the applicant demonstrates to the satisfaction of the approving agency that such spaces shall be permanently available for their intended purpose.
(4)
Parking of commercial vehicles. Where commercial vehicles are proposed to be parked overnight on a nonresidential property, the following requirements shall apply:
§ 267-41 Setbacks.
Required off-street parking and loading facilities shall comply with the following setback requirements:
A.
In R1 and R2 Residence Districts, off-street parking and loading spaces shall not be provided within the front yard setback requirements.
B.
In RMF Districts, off-street parking and loading spaces shall not be provided within the front, side and rear yard setback requirements, except that the minimum side and rear yard setbacks for unenclosed parking shall be only three feet where adjacent to other lots in an RMF or nonresidence district and 10 feet where adjacent to an R1 or R2 District. Buffer landscaping within such setback areas shall be provided in accordance with the requirements of Chapter 267, Article VIII of this chapter.
C.
In any H or RMF-SC District, off-street parking and loading spaces shall not be provided within the front, side and rear yard setback requirements, except that minimum front, side and rear yard setbacks for unenclosed parking shall be only five feet.
E.
Except where located within or adjacent to an R1 or R2 Residence District, enclosed off-street parking and loading spaces, which are to be below existing grade and covered with landscaping or a landscaped terrace, shall not be required to comply with the building setback requirements of this chapter, provided that their location and design are approved by the approving agency.
§ 267-42 Design and layout.
A.
Access. Access to all off-street parking and loading facilities shall be designed in accordance with the following requirements:
(1)
Access driveways. All off-street parking and loading spaces shall be provided with unobstructed access and shall be designed to prevent the backing of any vehicle across a sidewalk or into a street except at locations specifically designed for such purposes where no reasonable alternative is available and approval has been granted by the approving agency. Exception: backing of a vehicle across a sidewalk or into a one-way street shall be permitted from an access driveway serving one- or two-family dwellings in a one- or two-family district. Access driveways connecting off-street parking and loading facilities to the street or streets from which they derive access shall be designed in accordance with the following requirements:
(a)
Access driveways serving one- and two-family residences shall not be less than nine feet in width nor closer than three feet to any side or rear lot line and shall be connected to the street with a radius return at each intersection corner of not less than 25% of its width. They shall also not exceed a grade of 10%, except that a 12% grade may be allowed by the Planning Board for a driveway serving a single-family residence, provided that said Board determines that such grade would be appropriate for the purpose of reducing environmental impact. No more than one access driveway curb cut shall be permitted to serve any one- or two-family residence, except that a circular driveway with two curb cuts shall be permitted on a lot with 150 feet or more of road frontage. No curb cut shall be permitted within the street intersection area required for sight visibility pursuant to Chapter 267, Article IV.
(b)
Access driveways serving multifamily and nonresidence uses shall be not less than 20 feet in width for two-way drives and 12 feet in width for one-way drives. Each such drive shall be connected to the street with a radius return at each corner of not less than 25% of its width. They shall also not exceed a grade of 5%, except that a 7% grade may be allowed by the approving agency, provided that said Board determines that such grade would be appropriate for the purpose of reducing environmental impact. Notwithstanding the above, the approving agency may allow lesser dimensions for a driveway providing access to fewer than 20 spaces. Similarly, it may require greater dimensions where determined necessary based upon the number of spaces served and/or the nature of the intended use.
(2)
Interconnection of off-street parking facilities. In order to provide maximum efficiency, minimize curb cuts and encourage safe and convenient traffic flow, the agency approving a site plan may require the interconnection of parking facilities via circulation drives within and between adjacent lots. To help assure the accomplishment of this, the approving agency may require a written instrument in recordable form, such as deed restrictions, satisfactory to the Corporation Counsel, binding the owner and his heirs and assigns to permit and maintain such interconnection of parking facilities.
B.
Dimensional requirements. All off-street parking and loading facilities shall comply with at least the following minimum dimensional requirements:
(1)
Parking space dimensions. All off-street parking spaces shall be at least nine feet in width and 18 feet in length, except that a width of 8.5 feet may be permitted by the approving agency for long-term (commuter, worker or residential) use. The approving agency may also permit a one-foot lesser paved depth where an unobstructed vehicle overhang area is provided, as in the case of landscaped traffic islands.
(2)
Loading space dimensions. Off-street loading spaces shall be at least 15 feet in width, 40 feet in length and 14 feet in height, except that adjacent loading spaces need each be only 12 feet in width.
(3)
Handicapped parking spaces. Handicapped parking spaces shall comply with the dimensional requirements as set forth in the New York State Building Code.
(4)
Compact car spaces. In any off-street parking facility containing 50 or more spaces, the approving agency may permit up to 1/3 of such spaces to be specifically designed and limited in their use to compact cars. The minimum dimensions for such spaces shall be 7.5 feet in width and 15 feet in length.
(5)
Aisle dimensions. All driveway aisles providing access to-off-street parking and loading spaces shall be of sufficient width as determined appropriate by the approving agency to provide safe and convenient access to such spaces, taking into consideration the nature of the motor vehicles and uses served, the frequency of vehicle turnover, the angle of parking and the direction and amount of traffic flow. Minimum aisle width dimensions shall be as promulgated by a nationally recognized planning and/or traffic engineering organization, such as the American Planning Association, the Institute of Transportation Engineers, and/or the Urban Land Institute. As an example, the minimum aisle width serving ninety-degree parking spaces would be 24 feet, except 20 feet for compact car spaces.
§ 267-43 Improvement.
All off-street parking and loading facilities shall be maintained in accordance with plans and specifications approved by the approving agency.
A.
Pavement. All off-street parking and loading facilities, including driveways, shall be surfaced with asphaltic cement concrete, portland cement concrete, paving stone or brick.
B.
Grading and drainage. All off-street parking and loading facilities, other than those serving one- or two-family dwellings, shall be provided with an interior network of drains. The finished surface shall be pitched to drain to dry wells or drain sumps within property lines in accordance with plans as may be required and approved by the Commissioner of Buildings. No parking or loading facility shall be pitched so as to drain across a sidewalk, into a street or onto any neighboring premises.
C.
Space delineation. For all uses, other than one- or two-family dwellings, all required parking and loading spaces shall be individually identified by means of pavement marking with double-striped painted lines.
D.
Signage. Appropriate signs and pavement markings shall be provided in all off-street parking and loading facilities as necessary to direct internal traffic flow. Such signs shall generally not exceed two square feet in area.
E.
Illumination. Illumination of all off-street parking and loading facilities, other than those accessory to one- and two-family dwellings, shall be provided such that the lighting level shall not exceed an intensity of five footcandles, nor shall it be less than 1.5 footcandles at pavement level. All such lighting shall be of such type and location and have such shading as will prevent objectionable glare observable from neighboring properties.
F.
Partial waiver of improvement. Where the agency approving a site plan determines, in connection with its review of such site plan, that less than the required number of parking or loading spaces will satisfy the intent of this chapter because of variations in the probable time of maximum use by joint users, the approving agency may waive a portion of the improvement, but not for more than 1/3 of the total number of spaces required by this chapter. In all cases, it shall be expressly demonstrated on the site plan that sufficient area remains for the provision of the total number of spaces required and the site plan shall bear such designation. Such unimproved portion of the off-street parking and loading facility shall, where determined practical by the approving agency, be used and maintained as additional landscaped area until and unless required for parking or loading use. Legal instruments, in form and filing, satisfactory to the Corporation Counsel, shall be submitted by the applicant, ensuring the improvement of such spaces within six months of the date of written notice to the property owner by the agency stating that all or a portion of such spaces have been determined to be necessary and shall be improved.
§ 267-44 Landscaping and screening.
Except for off-street parking facilities and spaces accessory to a one- or two-family dwelling, all off-street parking and loading facilities shall be curbed, screened and landscaped with appropriate trees, shrubs, ground cover and other plant materials to assure the establishment of a safe, convenient and attractive facility. Such landscaping and screening shall be planted and maintained in accordance with the following requirements:
A.
Landscaping. In all off-street parking facilities which contain 25 or more parking spaces and which are not located in parking garages, at least 6% of the total area within the perimeter of the parking facility shall be so landscaped, and at least one shade tree, of not less than three inches caliper, shall be provided for each 12 parking spaces.
(1)
Raised planting islands shall be provided as necessary to guide vehicle movement, to provide adequate space for plant growth and, where appropriate, to provide for pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged so as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow, to prevent indiscriminate diagonal movement of vehicles and to provide cooling shade and relief from the visual monotony and summer heat of a large paved parking area. Curbs of such islands shall be designed so as to facilitate surface drainage and to prevent vehicles from overhanging sidewalks and damaging landscaping materials.
(2)
The minimum width of landscaped islands shall be eight feet and any external corner shall be rounded with a curb radius of not less than three feet.
(3)
The selection, amount and location of all landscaping materials shall be subject to approval by the approving agency based upon considerations of the adequacy of the proposed landscaping to serve its intended purpose with minimal maintenance, including plant care, snow plowing, leaf removal and general compatibility with motor vehicles and pedestrians.
(4)
All landscaping shall continue to be maintained in a healthy growing condition throughout the duration of the structure or use which it is intended to serve. Any planting not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
(5)
The design and maintenance of landscaping and screening shall create no obstruction to driver vision at traffic intersection areas.
B.
Screening. All off-street parking and loading facilities shall be screened along their periphery where they abut streets, public spaces and residence districts. Such screening shall consist of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the approving agency, will screen the activity involved from the above-referenced abutting uses. The approving agency may allow a wall or fence of location, height, design and material determined suitable by such agency to be substituted for or to supplement the required screen planting.
§ 267-45 Operation and maintenance.
A.
Permanent maintenance. Required off-street parking and loading facilities shall be maintained so long as the use or structure exists which the facilities are designed to serve.
B.
Operation. The operation of off-street parking and loading facilities shall be conducted in such a manner as to limit their use to licensed motor vehicles on a transient basis. The servicing, repair, fueling or storage of motor vehicles or trailers shall not be permitted in such areas.