HomeMy WebLinkAbout2013_9_18_Local_Law_No_5
Local Law No. 5 - 2013
This local law shall be known as the “Amendment to the zoning for the Business District: B and the
Service-Business District: SB” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The purpose of this local law is to
I. amend the Zoning Ordinance with respect to the Business District: B
(1) to allow multi-family housing, and places of worship as of right and
(2) to allow by Special Permit Educational Facilities and Libraries and
(3) to outlaw motels and hotels,
II. amend the Zoning Ordinance with respect to the Service Business District: SB to allow by
Special Permit multi-family housing,
III. amend the Zoning Ordinance with respect to the Business District: B and the Service
Business District: SB to allow home occupation as an accessory use in both Districts,
IV. amend the Bulk and Dimension Requirements of the Zoning Ordinance with respect to the
Business District: B and the Service Business District: SB accordingly,
V. amend the names of the Business District: B and the Service Business: SB to Business –
Residential: B-R and the Service Business-Residential: SB-R Districts respectively and
VI. amend the Zoning map of the Town of Mamaroneck accordingly.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 240-5 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 240-5. Establishment.
“The Town of Mamaroneck is hereby divided into the following classes of districts:
R-50 One-Family Residence District (50,000 square feet)
R-30 One-Family Residence District (30,000 square feet)
R-20 One-Family Residence District (20,000 square feet)
R-15 One-Family Residence District (15,000 square feet)
R-10 One-Family Residence District (10,000 square feet)
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R-7.5 One-Family Residence District (7,500 square feet)
R-6 One-Family Residence District (6,000 square feet)
R-2F Two-Family Residence District
R-GA Garden Apartment District
R-A Attached Residence District
R-TA Tower Apartment District
B-R Business-Residential District
LI Light Industrial
UR Urban Renewal District
SB-R Service Business-Residential District
B-MUB Business-Mixed Use Business District
R Recreation District”
Section 3 – Amendment of a current section of the Mamaroneck Code:
Section 240-30 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 240-30. Business-Residential District: B-R
“A. Principal uses.
(1) Store for sale of goods at retail or performance of customary personal services or
service clearly incidental to retail sales, but no fabrication or manufacturing except
incidental to and on the same premises as such retail sales. The hours of operation for all
retail uses shall be from 6:00 a.m. to midnight.
(2) (Reserved)
(3) Indoor recreation or amusement establishments.
(4) Business or professional offices.
(5) Multi-Family Housing.
(6) Municipal uses.
(7) Public utility structures serving a local area.
(8) Places of Worship.
B. Special permit uses, subject to conformance to additional standards as provided herein
and in Article IX (§§ 240-60 to 240-65).
(1) Educational Facility.
(2) Radio, television and other electronic transmission structures and towers.
(3) Library.
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(4) Veterinary hospital, boarding and care of small pets.
(5) Undertaking and funeral homes.
(6) Newspaper printing and publishing.
(7) Nursery use for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery
supplies, fertilizers, soil conditioners, garden hand tools and accessories and gardener's
masonry and incidental supplies (fruits, vegetables and food not permitted). The land
area shall be 60,000 square feet or more if used for nursery business purposes.
(8) Restaurants (see Subsection C(1) below).
C. Except for food-related retail uses that satisfy the criteria of § 240-30E, the hours of
operation for all food-related retail uses listed below shall be limited to the hours between
6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation
for such use.
(1) Restaurants, as defined in this chapter.
(a) The minimum setback from a fully-enclosed trash disposal area associated with a
food-related retail use and an adjacent residential property line shall be 25 feet.
(2) Take-out food establishment, delicatessen or convenience store, as defined in this
chapter, subject to the following conditions:
(a) Such use shall not be located within 300 feet of the lot line of any other such use, or
any legal and/or legal nonconforming food-related retail use, within or outside the
boundaries of the Town.
(b) Drive-through service shall be prohibited.
(c) Access to all food-related retail uses shall be via a major arterial.
(d) The minimum setback from a fully-enclosed trash disposal area associated with a
food-related retail use and an adjacent residential property line shall be 25 feet.
(e) Any proposal for a new or expanded business shall be required to go through site
plan approval if the action involves:
\[1\] An expansion of the building envelope; and/or
\[2\] An expansion of the parking area; and/or
\[3\] An increase in seating capacity; and/or
(f) When a proposal for a new and/or expanded stand-alone, fast- food restaurant,
take-out food establishment, delicatessen and/or convenience store requires either
special permit and/or Site Plan Approval, such application shall also require Board of
Architectural Review approval, pursuant to Chapter 3 of the Town Code.
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(g) A nonconforming fast-food establishment, as defined herein, which seeks to
convert to a co-branded fast-food establishment, shall require a use variance.
(3) Supermarket, subject to the following additional conditions:
(a) The minimum lot size for a supermarket shall be 3.5 acres.
(b) Such use shall not be located within 300 feet of the lot line of any other such use.
(4) Grocery store.
(a) Such use shall have a gross floor area of not more than 5,000 square feet.
(5) Ice cream/confectionary store.
(6) Cafeteria.
(7) Luncheonette.
D. Accessory uses.
(1) Any accessory building or use customarily incident to a permitted use.
(2) Signs, exterior spotlighting or other illumination of buildings as permitted under the
provisions of Chapter 175, Signs.
(3) Home occupation.
E. Any food-related retail use which regularly conducted such business prior to April 14,
1998, shall not be required to limit its hours of operation to the hours between 6:00 a.m.
and 12:00 midnight but can continue to operate such business during the hours that it was
conducting such business as of April 13, 1998; provided, however, if such food related
retail use ceases to be a food-related retail use for a period of one or more years, the hours
of operation of any food-related retail use which may commence operation at that site
thereafter shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless
federal or state law controls the hours of operation for such use.”
Section 4 – Amendment of a current section of the Mamaroneck Code:
Section 240-31 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Ҥ 240-31. Service Business-Residential District: SB-R
A. Principal uses:
(1) Indoor recreation or amusement establishments.
(2) Business or professional offices.
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(3) The sale or hire of new or used motor vehicles but no used car lot except as accessory
to a new car dealer.
(4) Undertaking and funeral homes.
(5) Newspaper printing and publishing.
(6) Nursery use for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery
supplies, fertilizers, soil conditioners, garden hand tools and accessories and gardeners'
incidental supplies (fruits, vegetables and food not permitted).
(7) Restaurants, as defined in this chapter.
(a) Except for a restaurant which regularly conducted such business prior to April 14,
1998, the hours of operation for all restaurants shall be limited to the hours between
6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of
operation for such use. Any restaurant which regularly conducted such business prior
to April 14, 1998, shall not be required to limit its hours of operation to the hours
between 6:00 a.m. and 12:00 midnight but can continue to operate such business
during the hours that it was conducting such business as of April 13, 1998; provided,
however, if such restaurant ceases to be a restaurant for a period of one or more years,
the hours of operation of any restaurant that may commence operation at that site
thereafter shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless
federal or state law controls the hours of operation for such use.
(8) Luncheonette.
(9) Ice cream/confectionary store.
(10) Wholesale or storage businesses in enclosed buildings.
(11) Municipal uses.
(12) Public utility structure serving a local area.
B. Special uses:
(1) Stores for the sale of goods at retail or performance of customary personal services
or a service clearly incidental to retail sales but no fabrication and/or manufacturing
except incidental to and on the same premises with such retail sales.
(2) Gasoline filling stations and garages, including facilities for servicing and repair.
(3) Multi-Family Housing.
(4) Radio, television or other electronic transmission structures.
(5) Veterinary hospital, boarding and care of small pets.
(6) Contractors establishments.
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(7) Automatic car-washing facilities as an adjunct to existing gasoline filling stations
and/or public garages.
(8) Fast-food restaurant, take-out food establishment, delicatessen or convenience store,
subject to the following conditions:
(a) Such uses shall not be located within 300 feet of the lot line of each other within or
outside the boundaries of the Town.
(b) Drive-through service shall be prohibited.
(c) Access to all food-related retail uses shall be via a major arterial.
(d) The minimum setback from a fully-enclosed trash disposal area associated with a
food-related retail use and an adjacent residential property line shall be 25 feet.
(e) Any proposal for a new or expanded business shall be required to go through site
plan approval if the action involves:
\[1\] An expansion of the building envelope; and/or
\[2\] An expansion of the parking area; and/or
\[3\] An increase in seating capacity; and/or
\[4\] A change in signage.
(f) When a proposal for a new and or expanded stand-alone, take-out food
establishment, delicatessen and/or convenience store requires either special permit
and/or site plan approval, such application shall also require Board of Architectural
Review approval pursuant to Chapter 3 of the Town Code. The Board of Architectural
Review shall have the authority to modify or omit standardized facades, signs,
materials, colors or other elements of the business's design and external appearance
which violate the provisions of the Town's Sign Ordinance Editor's Note: See Ch. 175,
Signs. so as to achieve the Town's land use and design objectives.
(g) An existing fast-food establishment, as defined herein, which seeks to convert to a
co-branded fast-food establishment shall require a special permit.
(9) Supermarket.
(a) The minimum lot size for a supermarket shall be 3.5 acres.
C. Accessory Uses.
(1) Any accessory building or use customarily incident to a permitted use.
(2) Signs, exterior spotlighting or other illumination of buildings as permitted under the
provisions of Chapter 175, Signs.
(3) Home occupation.
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Section 5 – Amendment of a current section of the Mamaroneck Code:
Section 240-45 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Ҥ 240-45. Business-Residential District: B-R.
A. Lot requirements.
(1) Non-Residential Use.
(a) Minimum lot area: none.
(b) Minimum width at front setback line: 150 feet.
(c) Maximum building coverage: 25%.
(2) Residential Use or A Combination of Business and Residential Use.
(a) Minimum lot area: 10,000 square feet.
(b) Maximum building coverage: None.
B. Minimum yards.
(1) Non-Residential Use.
(a) Front Yard: none, but no parking shall be permitted in front of any building unless
the building setback from the street line is at least 75 feet.
(b) Side yard:
\[1\] No side yard is required but, if provided, shall be at least four feet; except
where a lot adjoins a residence district, there shall be a side yard of at least
10 feet, which shall be permanently and suitably planted with evergreens to
form a landscaped screen.
\[2\] A corner lot adjacent to a residence district shall have a minimum setback of
five feet from the street upon which said residence district has frontage.
(c) Rear yards: no rear yard is required, except where a lot adjoins a residence district,
in which case the rear yard shall be at least 25 feet, at least 10 feet of which shall be
permanently and suitably planted with evergreens to form a landscaped screen.
(2) Residential Use or A Combination of Business and Residential Use.
(a) Front yard: 15 feet. In the case of a property fronting Myrtle Boulevard, the
Planning Board is authorized to reduce or waive the minimum 15-foot front yard
requirement, provided that the reduction or waiver of the front yard requirement is
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for the purpose of maintaining conformity with the front yard setback or “built to line”
of other buildings in close proximity.
(b) Side yards:
\[1\] No side yard is required, except where a lot adjoins a road right-of-way or
adjacent lot, in which case the side yard shall be at least 10 feet.
\[2\] In the case where a lot adjoins a driveway or parking area, the side yard
setback shall be at least five feet.
(c) Rear yard: 20 feet. See § 240-45.B.2.a herein. Upon authorizing the reduction or
waiver of the minimum 15-foot front yard requirement for a property fronting
Myrtle Boulevard, the Planning Board is authorized to increase the minimum 20-
foot rear yard requirement up to a minimum 30-foot rear yard requirement,
should the Board deem it necessary for the purpose of maintaining adequate light,
air and privacy.
(d) Usable open space per dwelling unit: 100 square feet.
C. Maximum floor area (as a percentage of lot area).
(1) Non-Residential Use: 50%.
(2) Residential Use or A Combination of Business and Residential Use: 70%.
D. Maximum heights.
(1) Non-Residential
(a) In stories: two.
(b) In feet: 30.
(2) Residential Use or A Combination of Business and Residential Use.
(a) In stories: four.
(b) In feet: 44.
E. Minimum number of off-street parking spaces: see §§ 240-75 through 240-78.
F. Minimum off-street loading space: see § 240-82.
G. Other provisions and requirements:
(1) All permitted storage, except for the parking of motor vehicles, shall be entirely
within a building.
(2) All lighting shall be so located and shaded in a manner that the light source itself is
not visible beyond the boundaries of the lot on which it is located.
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(3) Within all residential developments of 10 or more units, no less than 10% of the total
number of units must be created as Fair and Affordable Housing units per the
Westchester County Fair and Affordable Housing Model Ordinance. In residential
developments of five to nine units, at least one Fair and Affordable Housing unit shall be
created.
H. Design requirements and guidelines.
(1) There are five areas where careful attention to design is warranted. Those areas are
building design; landscaping on the perimeter of a lot and within its parking area; signs
and exterior lighting; placement of buildings on lots; and parking, internal traffic
circulation and curb cuts. Criteria for each such design element are set forth in
Subsections H(8)(a) through (e) of this section.
(2) In general.
(a) For lots in this district having frontage on the Boston Post Road, the objectives of
these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck
develops into an attractive and convenient business district for the Town, functions as
a focal point for local residents and through-travelers and blends landscaped
commercial and residential structures in a compatible way; and
(b) For lots in this district that do not have frontage on the Boston Post Road, the
objectives of the criteria set forth in this section are to ensure that these areas in the
Town of Mamaroneck become convenient for local residents and through-travelers
and develop into attractive parcels that blend landscaped commercial and residential
structures in a compatible way.
(3) Applicants are discouraged from proposing standardized corporate franchise design.
(4) In addition to complying with the standards, requirements and guidelines contained
in this section all applicants shall propose customized, site-specific designs that satisfy
the criteria contained in Chapter 3 of the Code. in situations where any provision of
Chapter 3 of the Code is inconsistent with any of the provisions of this section, the
provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit ("Board
approval") and involves any of the work described in Subsection H(5)(a) through (g),
below, the Board having the authority to issue such approval and/or permit (the "Issuing
Board") shall not do so without first obtaining an advisory opinion from the Board of
Architectural Review with respect to the design criteria contained in Subsections H(8)(a)
through (c) of this section.
(a) Construction of a new structure;
(b) Relocation of an existing structure;
(c) Demolition or razing of all or a portion of the exterior of an existing structure;
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(d) Addition to or alteration of the exterior wall of an existing structure by tearing
down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or
enclosing any portion of an existing window or door space of an existing structure;
(e) Alteration of any roofline;
(f) Construction, enlargement or alteration of any nonlandscaped area on a lot,
including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or
storage areas; or
(g) The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board approval, the
Issuing Board shall refer the application to the Board of Architectural Review for an
advisory opinion regarding the proposed projects:
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c) Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special permit, the
Issuing Board shall consider the opinion rendered by the Board of Architectural Review
and decide whether to accept or reject that Board's recommendations, in whole or in
part. It shall also apply the design review criteria set forth below with respect to the
proposed projects:
(a) Placement of buildings on the lot; and
(b) Parking, internal traffic circulation and curb cuts.
(8) The design criteria to be applied by the Board of Architectural Review when
rendering its advisory opinion and by the Issuing Board in determining whether to
accept or reject the Board of Architectural Review's opinion in whole or in part and in
deciding whether to grant site plan approval and/or issue a special permit are:
(a) Building design.
\[1\] At least 40% of the primary structure's front elevation at street level shall be
window.
\[2\] Structures situated at corners should "wrap" the corner by continuing facade
elements on all street elevations, with such elements as the overall building material
and window design, and horizontal features such as the cornice.
\[3\] Main building entrances shall face the street and shall be easily identifiable and
scaled to the size of the street that they face.
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\[4\] Proposed changes in exterior architectural features shall be in harmonious
relationship to the remainder of the structure and to the surrounding area. Unity
and compatibility with adjacent structures is to be achieved to the maximum extent
possible. Areas of review shall include the scale and general size of the structure or
structures in relationship to the existing surroundings; specifically, the structures
overall height, width, street frontage, number of stories, roof type, facade openings
(windows, doors, etc) and architectural details.
\[5\] Treatment of the sides and the rear of the structures shall be comparable in
appearance and amenity to the treatment given to the street frontage elevation.
\[6\] Building materials and colors should be selected which avoid jarring and
incongruous contrasts, both within new development and seen against existing
structures.
(b) Landscaping on the lot perimeter and within the parking area.
\[1\] The proposed landscaping shall visually bind the primary structure into the
larger streetscape fabric or soften the edge of a freestanding structure; provide
shade, windbreak and glare reduction to pedestrians and parked cars; physically
separate pedestrians from vehicles; and provide pervious surface to assist in
stormwater management.
\[2\] A coordinated landscaped design shall be required, incorporating open space
and/or recreation, if appropriate, walks, access drives, parking areas and lot
perimeter. The following areas shall be landscaped:
\[a\] Along the public right-of-way.
\[i\] Except where there is a sufficient reason not to do so, one shade tree shall be
planted for every 30 feet of frontage, excluding curb cut openings. Additional
front yard landscaping shall be required.
\[b\] Along the parking lot's perimeter.
\[i\] The landscaped perimeter strip shall be a minimum of five feet wide. Except
where there is a sufficient reason not to do so, one tree and three shrubs shall
be planted for every 35 linear feet.
\[c\] Within the parking lot's interior, where appropriate.
\[i\] Planting islands shall be evenly spaced within the parking lot.
\[ii\] No planting island shall be less than five feet wide in any dimension.
\[iii\] Plants shall be a mix of shrubs, deciduous trees, evergreen trees and
groundcover.
\[iv\] Existing parking areas shall either install landscaped islands or increase the
number of landscaped islands to the maximum extent practicable.
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\[v\] All landscaping shall be maintained in good condition.
(c) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code,
the following provisions shall be applied:
\[1\] Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs,
monument signs or hanging signs.
\[2\] No one business shall exceed two signs on the premises.
\[3\] Multiple uses on a lot shall have coordinated signage.
\[4\] Signs shall not be internally illuminated.
\[5\] All exterior lighting shall be of such a type and location and shall have such
shielding as will direct the light downward and will prevent the light from shining
directly on any adjacent residential property or street. Site illumination for
uncovered areas shall be evenly distributed.
(d) Placement of buildings on the lot.
\[1\] Primary structures should be placed as close as practicable to the front yard
setback line. The preferred build-to line shall be 10 feet or less, for nonresidential
structures, from the boundary line between the lot and the right-of-way. The
preferred build-to line for residential structures shall be 10 feet from the boundary
line between the lot and the right-of-way.
\[2\] In developments where there will be more than one structure on a single site,
such structures, and their signage, landscaping and lighting, shall be designed as an
integrated part of an overall site design related to other surrounding development
and topographical conditions.
(e) Parking, internal circulation and curb cuts.
\[1\] To the maximum extent practicable, parking shall be located to the side and/or
rear of the primary structure.
\[2\] No more than 10% of the parking may be located as convenience (short-term)
parking in front of the primary structure.
\[3\] Except where there is a sufficient reason not to do so, including but not limited
to a demonstration by the applicant that it cannot coordinate internal parking lot
circulation for its property with the parking area on an adjacent lot, no lot shall be
allowed more than one curb cut. Internal parking lot circulation shall be encouraged
between adjoining lots.”
Section 6 – Amendment of a current section of the Mamaroneck Code:
Section 240-46 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
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Ҥ 240-46. Service Business-Residential: SB-R.
A. Lot requirements:
Non-Residential Use.
(1) Minimum lot area: the same as Business-Residential (B-R) District.
(2) Minimum width at front setback line: 150 feet.
Residential Use or A Combination of Business and Residential Use.
(1) Minimum lot area: 10,000 square feet.
(2) Minimum Lot Width at front setback line: 150 feet.
B. Minimum yards:
(1) Non-Residential Use: the same as Business-Residential (B-R) District.
(2) Residential Use or A Combination of Business and Residential Use: the same as
Business-Residential (B-R) District.
(3) For a Residential Use or A Combination of Business and Residential Use, the usable
open space per dwelling unit shall be a minimum of 100 square feet.
C. Maximum floor area (as a percentage of lot area).
(1) Non-Residential Use: 50%.
(2) Residential Use or A Combination of Business and Residential Use: 70%.
D. Maximum heights.
(1) Non-Residential
(a) In stories: two.
(b) In feet: 30.
(2) Residential Use or A Combination of Business and Residential Use.
(a) In stories: four.
(b) In feet: 44.
E. Minimum number of off-street parking spaces: the same as Business-Residential (B-R)
District.
F. Minimum off-street loading space: the same as Business-Residential (B-R) District.
G. Other provisions and requirements.
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(1) All permitted storage, except for the parking of motor vehicles, shall be entirely
within a building.
(2) All lighting shall be so located and shaded in a manner that the light source itself is
not visible beyond the boundaries of the lot on which it is located.
(3) Site planning standards. During its review of site plans for development within the
SB-R District, the Planning Board shall apply the following standards in addition to all
those applicable standards set forth in Chapter 177, Site Plan Review.
(a) Buildings shall be situated on the site in a manner that minimizes the visual impact,
in terms of scale and height on adjacent residential properties.
(b) Landscaping and/or fencing shall be provided along the property lines of adjacent
residential properties and along streets giving access to residential neighborhoods so
as to provide the most effective visual screening. The specific materials to be used
shall be reviewed to determine the effect of such screening at all times of the year.
(c) Appropriate conditions and measures shall be provided for minimizing the
discharge of oil, grease and other pollutants to the public storm drainage system,
waterways and wetlands.
(4) Within all residential developments of 10 or more units, no less than 10% of the total
number of units must be created as Fair and Affordable Housing units per the
Westchester County Fair and Affordable Housing Model Ordinance. In residential
developments of five to nine units, at least one Fair and Affordable Housing unit shall be
created.
H. Design requirements and guidelines.
(1) There are five areas where careful attention to design is warranted. Those areas are
building design; landscaping on the perimeter of a lot and within its parking area; signs
and exterior lighting; placement of buildings on lots; and parking, internal traffic
circulation and curb cuts. Criteria for each such design element are set forth in
Subsections H(8)(a) through (e) of this section.
(2) In general.
(a) For lots in this district having frontage on the Boston Post Road, the objectives of
these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck
develops into an attractive and convenient business district for the Town, functions as
a focal point for local residents and through-travelers and blends landscaped
commercial and residential structures in a compatible way; and
(b) For lots in this district that do not have frontage on the Boston Post Road, the
objectives of the criteria set forth in this section are to ensure that these areas in the
Town of Mamaroneck become convenient for local residents and through-travelers
and develop into attractive parcels that blend landscaped commercial and residential
structures in a compatible way.
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(3) Applicants are discouraged from proposing standardized corporate franchise design.
(4) In addition to complying with the standards, requirements and guidelines contained
in this section all applicants shall propose customized, site-specific designs that satisfy
the criteria contained in Chapter 3 of the Code. In situations where any provision of
Chapter 3 of the Code is inconsistent with any of the provisions of this section, the
provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit ("Board
approval") and involves any of the work described in Subsections H(5)(a) through (g),
below, the Board having the authority to issue such approval and/or permit (the "Issuing
Board") shall not do so without first obtaining an advisory opinion from the Board of
Architectural Review with respect to the design criteria contained in Subsections H(8)(a)
through (e) of this section.
(a) Construction of a new structure;
(b) Relocation of an existing structure;
(c) Demolition or razing of all or a portion of the exterior of an existing structure;
(d) Addition to or alteration of the exterior wall of an existing structure by tearing
down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or
enclosing any portion of an existing window or door space of an existing structure;
(e) Alteration of any roofline;
(f) Construction, enlargement or alteration of any nonlandscaped area on a lot,
including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or
storage areas; or
(g) The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board approval, the
Issuing Board shall refer the application to the Board of Architectural Review for an
advisory opinion regarding the proposed project's:
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c) Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special permit, the
Issuing Board shall consider the opinion rendered by the Board of Architectural Review
and decide whether to accept or reject that Board's recommendations, in whole or in
part. It shall also apply the design review criteria set forth below with respect to the
proposed project's:
(a) Placement of buildings on the lot; and
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(b) Parking, internal traffic circulation and curb cuts.
(8) The design criteria to be applied by the Board of Architectural Review when
rendering its advisory opinion and by the Issuing Board in determining whether to
accept or reject the Board of Architectural Review's opinion in whole or in part and in
deciding whether to grant site plan approval and/or issue a special permit are:
(a) Building design.
\[1\] At least 40% of the primary structure's front elevation at street level shall be
window.
\[2\] Structures situated at corners should "wrap" the corner by continuing facade
elements on all street elevations, with such elements as the overall building material
and window design, and horizontal features such as the cornice.
\[3\] Main building entrances shall face the street and shall be easily identifiable and
scaled to the size of the street that they face.
\[4\] Proposed changes in exterior architectural features shall be in harmonious
relationship to the remainder of the structure and to the surrounding area. Unity
and compatibility with adjacent structures is to be achieved to the maximum extent
possible. Areas of review shall include the scale and general size of the structure or
structures in relationship to the existing surroundings; specifically, the structures
overall height, width, street frontage, number of stories, roof type, facade openings
(windows, doors, etc) and architectural details.
\[5\] Treatment of the sides and the rear of the structures shall be comparable in
appearance and amenity to the treatment given to the street frontage elevation.
\[6\] Building materials and colors should be selected which avoid jarring and
incongruous contrasts, both within new development and seen against existing
structures.
(b) Landscaping on the lot perimeter and within the parking area.
\[1\] The proposed landscaping shall visually bind the primary structure into the
larger streetscape fabric or soften the edge of a freestanding structure; provide
shade, windbreak and glare reduction to pedestrians and parked cars; physically
separate pedestrians from vehicles; and provide pervious surface to assist in
stormwater management.
\[2\] A coordinated landscaped design shall be required, incorporating open space
and/or recreation, if appropriate, walks, access drives, parking areas and lot
perimeter. The following areas shall be landscaped:
\[a\] Along the public right-of-way.
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\[i\] Except where there is a sufficient reason not to do so, one shade tree shall be
planted for every 30 feet of frontage, excluding curb cut openings. Additional
front yard landscaping shall be required.
\[b\] Along the parking lot's perimeter.
\[i\] The landscaped perimeter strip shall be a minimum of five feet wide. Except
where there is a sufficient reason not to do so, one tree and three shrubs shall
be planted for every 35 linear feet.
\[c\] Within the parking lot's interior, where appropriate.
\[i\] Planting islands shall be evenly spaced within the parking lot.
\[ii\] No planting island shall be less than five feet wide in any dimension.
\[iii\] Plants shall be a mix of shrubs, deciduous trees, evergreen trees and
groundcover.
\[iv\] Existing parking areas shall either install landscaped islands or increase the
number of landscaped islands to the maximum extent practicable.
\[v\] All landscaping shall be maintained in good condition.
(c) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code,
the following provisions shall be applied:
\[1\] Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs,
monument signs or hanging signs.
\[2\] No one business shall exceed two signs on the premises.
\[3\] Multiple uses on a lot shall have coordinated signage.
\[4\] Signs shall not be internally illuminated.
\[5\] All exterior lighting shall be of such a type and location and shall have such
shielding as will direct the light downward and will prevent the light from shining
directly on any adjacent residential property or street. Site illumination for
uncovered areas shall be evenly distributed.
(d) Placement of buildings on the lot.
\[1\] Primary structures should be placed as close as practicable to the front yard
setback line. The preferred build-to line shall be 10 feet or less, for nonresidential
structures, from the boundary line between the lot and the right-of-way. The
preferred build-to line for residential structures shall be 10 feet from the boundary
line between the lot and the right-of-way.
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\[2\] In developments where there will be more than one structure on a single site,
such structures, and their signage, landscaping and lighting, shall be designed as an
integrated part of an overall site design related to other surrounding development
and topographical conditions.
(e) Parking, internal circulation and curb cuts.
\[1\] To the maximum extent practicable, parking shall be located to the side and/or
rear of the primary structure.
\[2\] No more than 10% of the parking may be located as convenience (short-term)
parking in front of the primary structure.
\[3\] Except where there is a sufficient reason not to do so, including but not limited
to a demonstration by the applicant that it cannot coordinate internal parking lot
circulation for its property with the parking area on an adjacent lot, no lot shall be
allowed more than one curb cut. Internal parking lot circulation shall be encouraged
between adjoining lots.”
Section 7 – Amendment of a current section of the Mamaroneck Code:
Section 240-78 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Ҥ 240-78. Off-street parking requirements.
A. Off-street motor vehicle parking facilities shall be provided as follows except as provided
above or where additional parking requirements may be made as a condition of the
issuance of a special permit under Article IX, in which case provisions of that section shall
apply.
Type of Use Minimum Requirements
1- and 2-family dwelling units 2 spaces for each dwelling
Multiple dwellings:
Studio 1 space
1-bedroom 1 1/4 spaces
2-bedroom 2 spaces; 1 1/2 spaces in the B-R and SB-R districts
3-bedroom 2 1/2 spaces; 2.0 spaces in the B-R and SB-R districts
Professional office or home 2 spaces in addition to spaces for residential units
occupation permitted in a except that medical or dental offices shall have 4
required residential zone as an spaces for each doctor or dentist in addition to
accessory use residential parking requirements
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Type of Use Minimum Requirements
Rooming house or 1 space for each guest sleeping room, plus 1 space
boardinghouse per resident family
Hospital, clinic, sanitarium or 1 space for each patient bed, excluding bassinets,
convalescent home plus 1 space for each person employed in the
building
Theater, auditorium, athletic 1 space for each 5 seats or 200 square feet in such
field or other place of public place of assembly, whichever would be greater
assembly other than a church
Church or other place of 1 space for each 5 seats or pew spaces
worship
Bowling alley 5 spaces for each alley
Other center of public 1 space for every 200 square feet of floor space
amusement, the capacity of devoted to patron use
which cannot be measured in
terms of seats
Restaurant or place dispensing 1 space for each 50 square feet of floor space
food or drink devoted to patron use
Retail or service business 1 space for each 200 square feet of floor space
Wholesale, storage, utility or 1 space for each person for which the building or use
other commercial building or is designed or for each 2,000 square feet, whichever
use is greater
Office for business or 1 space for each 300 square feet of floor area
professional use
Funeral parlor or undertaking At least 10 spaces for each chapel or viewing room
establishment and 1 for each person working in such
establishment. Off-street loading for delivery and
funeral cortege assembly shall be considered for site
plan approval.
Private golf courses 2 parking spaces for each acre of land contained in
the course
Public golf courses 2.5 spaces for each acre of land contained in the
course
Public multiple use 2.5 spaces per acre on a course; 1 space for every 3
recreational facilities bathers in a swimming pool
Tennis, public or private 3 spaces per court
Private swimming pools 1 space for each 3 bathers
Soccer, football and baseball 10 spaces for each field, plus 1 space for every 5
fields spectator seats
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B. Reasonable and appropriate off-street parking requirements for structures and land uses
which do not fall within the categories listed above shall be determined in each case by the
Board of Appeals, which shall consider all factors entering into the parking needs of such
use.
C. Where two or more different uses occur on a single lot, the total amount of parking
facilities to be provided shall be the sum of the requirements for each individual use on the
lot, except that the Board of Appeals may approve the joint use of parking space by two or
more establishments on the same or contiguous lots, the total capacity of which space is
less than the sum of the spaces required for each, provided that the Board finds that the
capacity to be provided will substantially meet the intent of the requirements by reason of
variation in the probable time of maximum use by patrons or employees among such
establishments, and provided that such approval of such joint use shall be automatically
terminated upon the termination of the operation of any of such establishments.
D. In the B-R and SB-R District, the off-street parking requirements may be reduced by the
Planning Board in the course of site plan review if the applicant demonstrates and the
Planning Board finds that the capacity of such off-street parking is sufficient to meet the
demands of such use or uses such as the case of shared parking by two or more different
land uses. In no case shall such reduction be greater than 15% of that required by type of
use.
Section 8 – Amendment of the zoning map of the Town of Mamaroneck:
The Town Clerk is directed to create a revised zoning map for the Town of Mamaroneck that
substitutes “B-R” for “B” and “SB-R” for “SB” wherever those initials appear on the present
zoning map to denote the locations of those zoning districts.
Section 9 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 10 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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