AN ORDINANCE AUTHORIZING THE
COLLECTION OF PARKING FEE-IN-LIEU
PAYMENTS ASSOCIATED WITH PARKING
VARIANCES PENDING THE ADOPTION OF
A NEW ZONING ORDINANCE
Whereas, in correspondence dated February 4, 2026, the Commissioner of the Department of Planning and Community Development formally requested authorization for the collection of parking fee-in-lieu payments associated with parking variances granted under the City’s zoning code, including but not limited to §267.40, Attachment 3.1; and
Whereas, the City of Mount Vernon has adopted a Comprehensive Plan that establishes goals to encourage sustainable development, transit-oriented growth, housing choice, and economic vitality; and
Whereas, the Department of Planning and Community Development has identified inconsistencies between the goals of the adopted Comprehensive Plan and the City’s existing zoning code, particularly with respect to off-street parking requirements and associated fee-in-lieu provisions; and
Whereas, the current zoning code requires payment of parking fee-in-lieu fees pursuant to §267.40, Attachment 3.1, which mandates two (2) parking spaces per dwelling unit for multi-residential developments, without differentiation based on unit size, location, or proximity to public transit; and
Whereas, Mount Vernon is unique among neighboring municipalities in applying a uniform parking requirement of two (2) spaces per dwelling unit, regardless of dwelling size, resulting in studio and one-bedroom units being subject to the same parking requirements as larger units; and
Whereas, this requirement has led to a substantial number of development proposals seeking parking variances from the Zoning Board of Appeals, including approximately forty-four percent (44%) of all Zoning Board of Appeals submittals in 2025; and
Whereas, under the current zoning framework, parking fee-in-lieu payments are required following approval of a parking variance by the Zoning Board of Appeals and prior to the issuance of a certificate of occupancy; and
Whereas, the enforcement of parking fee-in-lieu payments has historically been inconsistent, resulting in fairness concerns, delays in land use approvals, and undue financial burdens on small- and medium-sized property owners; and
Whereas, parking fee-in-lieu amounts for current development proposals frequently range between Fifty Thousand Dollars ($50,000) and Two Hundred Fifty Thousand Dollars ($250,000), rendering many otherwise compliant and beneficial projects financially infeasible, particularly smaller developments of fewer than twenty (20) dwelling units; and
Whereas, the requirement to seek variances for parking standards that are widely anticipated to be modified under future zoning regulations imposes unnecessary procedural burdens, slows project review, and discourages new development; and
Whereas, the City has committed, through its Consolidated Plan submitted to the U.S. Department of Housing and Urban Development, to affirmatively further fair housing choice in compliance with the Fair Housing Act of 1964 and related laws; and
Whereas, housing choice includes the availability of a range of housing types, including smaller rental buildings and developments that may not be able to accommodate the current parking requirements without variances; and
Whereas, the City is in the process of preparing a new zoning ordinance that is expected to reintroduce parking fee-in-lieu provisions aligned with lower, more realistic parking ratios reflective of unit size, location, and transit access; and
Whereas, the City Council finds that suspending the collection of parking fee-in-lieu payments on a temporary basis will advance the goals of the Comprehensive Plan, promote equitable development, and avoid unnecessary hardship pending adoption of the new zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, NEW YORK, AS FOLLOWS:
Section 1. Suspension of Parking Fee-In-Lieu Payments. The collection of parking fee-in-lieu payments associated with parking variances granted under the City’s zoning code, including but not limited to §267.40, Attachment 3.1, is hereby suspended.
Section 2. Applicability. This suspension shall apply to all development applications requiring parking variances that receive approval from the Zoning Board of Appeals during the suspension period, including applications pending at the time this Ordinance takes effect, provided that no parking fee-in-lieu payment has already been collected.
Section 3. Duration of Suspension. The suspension established by this Ordinance shall remain in effect until the earlier of:
A. The adoption of a new zoning ordinance by the City Council; or
B. Twenty-four (24) months from the effective date of this Ordinance, unless extended by further legislative action of the City Council.
Section 4. No Refunds. Nothing herein shall be construed to authorize the refund of any parking fee-in-lieu payments collected prior to the effective date of this Ordinance.
Section 5. Severability. If any provision of this Ordinance is held to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of the remaining provisions.
Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate and Contract.