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HomeMy WebLinkAboutZoning Ordinance of the Town of Mamaorneck 6/29/1959 ZONING ORDINANCE of the UNINCORPORATED SECTION of the TOWN OF MAMARONECK WESTCHESTER COUNTY NEW YORK Adopted by the TOWN BOARD of the Town of Mamaroneck on June 29th, 1959 TABLE OF CONTENTS Page ARTICLE I — Purposes Section 100 — Purposes 1 ARTICLE II — Definitions Section 200 1 Section 210 — General Construction of Language 1 • Section 220 — Definitions 2 ARTICLE III — Establishment of Districts Section 300 — District Classification 6 Section 310 — Zoning Map 7 Section 330 — Location of Boundaries 7 Section 340 — Lots in Two or More Districts 7 ARTICLE IV — Regulations Section 400 — Application of Regulations 8 Section 410 — Schedule of Regulations 9 Section 420 — General Regulations 9 Section 421 — Yards, Setbacks, and Courts 10 Section 422 — Height Exceptions 11 Section 423 — Minimum House Size 11 Section 424 — Dwellings in House Trailers and Accessory Buildings 11 Section 431 — General Provisions, Permitted Special Uses 11 Section 432 — Application for a Special Permit 11 Section 433 — Required Plan 12 Section 434 — Conditions and Safeguards 12 Section 435 — Expiration of Special Permits 13 • Section 436 — Existing Violations 13 Section 440 — Non-Conforming Uses 13 Section 444 — Conformity as to Use with Deviations in Other Respects 14 Section 445 — Building on Lots of Less Than Required Size 14 Section 446 — Restoration of Damaged Buildings 15 Section 447 — Non-Conforming Signs 15 (Continued on next page) TABLE OF CONTENTS (Continued) ARTICLE IV — Regulations (continued) Section 448 — Completion of Building Under Construction 15 Section 449 — Existing Special Uses Deemed Conforming 15 Section 450 — Off-Street Parking, Loading and Vehicular Access 15 Section 455 — Layout and Location of Off-Street • Parking Facilities 18 Section 456 — Improvement of Parking Facilities 18 Section 457 — Operation and Maintenance of Off-Street Parking Facilities 18 Section 458 — Off-Street Loading Requirements 19 ARTICLE V — Administration and Enforcement Section 500 — Enforcement 19 Section 503 — Records and Reports 19 Section 510 — Building Permits 20 Section 520 — Certificate of Occupancy 20 Section 530 — Building Permits Issued Prior to Adoption of Ordinance 21 Section 540 — Violations and Penalties 21 Section 550 — Board of Appeals 22 Section 553 — Appeals — How Taken 23 Section 554 — Fee for Advertising Hearing 23 ARTICLE VI — Amendments Section 600 — Amendment Procedure 23 Section 610 — Effect on Issuance of Permits 24 ARTICLE VII — Miscellaneous • Section 700 — Separability Clause 24 Section 710 — Short Title 24 Addenda 1. Schedule of Permitted Uses in Residence District 2. Schedule of Residence District Regulations 3. Schedule of Permitted Uses in Business and Industry Districts 4. Schedule of Regulations for Non-Residential Districts 5. Zoning Map ARTICLE I — PURPOSES Section 100. Purposes There is hereby established a comprehensive zoning plan for the unincorporated part of the Town of Mamaroneck,N.Y. (hereinafter referred to as the"Town"), which plan is set forth in the text,map and schedules which constitute this Ord- inance. Said plan is adopted for the purposes set forth in Article 16,Chapter 62, of the Consolidated Laws of the State of New York, and more particularly for the protection and promotion of the public health,safety and welfare,as follows: 101. To guide the future growth and development of the Town in accor- dance with a comprehensive plan of land use and population density that represents the most beneficial and convenient relationships among the residential, commercial, and public areas within the Town,consid- ering the suitability of the various uses in each area,and the potentiality for such uses as indicated by existing conditions and trends in popula- tion, having regard for the use of land,building development and eco- nomic activity,with such conditions and trends being considered both within the Town and in relation to adjoining areas. 102. To provide adequate light, air, and privacy; to secure safety from fire and other danger, and to prevent overcrowding of the land and undue congestion of population. 103. To protect the character and the social and economic stability of all parts of the Town,and to ensure that all developments shall be orderly and beneficial. 104. To protect and conserve the value of buildings in the various districts established by this Ordinance. 105. To bring about the gradual conformity of the uses of land and buildings throughout the Town to the comprehensive zoning plan set forth in this Ordinance, and to minimize conflicts among the uses of land and buildings. 106. To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Town. 107. To aid in providing a guide for public policy and action in the efficient provision of public facilities and services,and for private enterprise in building development,investment,and other economic activity relating to uses of land and buildings throughout the Town. • 108. To limit development to an amount commensurate with the availability and capacity of public facilities and services. ARTICLE II — DEFINITIONS Section 200. For the purposes of this Ordinance, certain words and terms used herein are defined as follows: Section 210. General Construction of Language All words used in the present tense include the future tense; all words in the plural number include the singular number,and all words in the singular number include the plural number, unless the natural construction of the wording indi- cates otherwise. The word "lot" includes the word "plot", the word "building" Page One includes the word "structure", and the word "shall" is mandatory and not direc- tory. The word "person" includes any legal entity as well as an individual. The word "use" shall be deemed also to include "designed, intended, or arranged to be used." Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the unincorporated part of the Town of Mamaroneck; the term "Town Board" means the Town Board of said Town; the term "Board of Appeals" means the Board of Appeals of said Town; the term "Planning Board" means the "Town Planning Board" of said Town. Section 220. Definitions Alter:To change or rearrange the structural parts or the exit facilities of a building or structure, including extension on a side or increase in height, or the moving from one location or position to another. Area, Building: Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, ex- clusive of uncovered porches,parapets,steps,and terraces. Basement:That portion of a building wholly or partly underground and ex- tending no more than five feet above finished grade. Building: Any structure having a roof and intended for the shelter, housing or enclosure of persons,animals,or chattels. Building, Accessory: A subordinate building, the use of which is customarily incidental to that of a main building on the same lot. Building, Length: The horizontal distance between the furthermost walls of a building,measured along or parallel to the axis of its great- est dimension. Building,Main:A building in which is conducted the main or principal use of the lot on which said building is situated. Club,Membership: An organization catering exclusively to members and their guests for recreational, athletic, or social purposes, which are not conducted primarily for gain, providing that there are not conducted any vending stands, mer- chandising or commercial activities, except as required generally for the membership and purposes of such club. Court: An open unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. Court,Inner: A court enclosed on all sides by the exterior walls of a building. Court, Outer:A court extending to a street line or opening upon any front, • side,or rear yard. Coverage: That percentage of the lot area covered by the building area. Districts: The term "Residence District" shall mean any district prefixed by "R". The term "Business District" shall mean any district prefixed by "B". The term "Light Industry District" shall mean any district pre- fixed by "L.I." and the term "Office Building District" shall mean any district prefixed by"O.B." Dwelling: A building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include motel,hotel, rooming house, or tourist home. Page Two Dwelling, One-Family:A detached building containing one dwelling unit only. Dwelling, Two-Family:A detached building containing two dwelling units only. Dwelling, Multi-Family: A building, or portion thereof,containing three or more dwelling units. Dwelling Unit: A building,or portion thereof,providing complete housekeep- ing facilities for one family. Family: One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, mar- riage or other domestic bond. Floor Area Ratio: The ratio of the aggregate floor area of a building,exclu- sive of attic and basement areas used only for storage or services incidental to the operation or maintenance of the building,to the site area of the lot on which the building is located. Frontage: The extent of a building or of land along a street. Front Setback Line: A line parallel to the front lot line and at a distance therefrom equal to the minimum front yard dimension for the district in which located. Garage, Private: An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use. Garage, Public:A building, or part thereof, used for the storage, care, repair, or painting of motor vehicles for remuneration, including any sale of motor vehicle accessories,fuels and lubricants,or where motor vehicles are kept for hire. Gasoline Station:Any area of land,including structures thereon,or any build- ing or part thereof that is used for the sale of gasoline, or other motor vehicle accessories, and which may or may not include facilities for lubricating, washing, minor repairing, or otherwise servicing motor vehicles, but not including painting or body work. Grade,Finished:The finished grade at any point along the wall of a building is the elevation of the completed surfaces of lawns,walks,and roads adjoining the wall at that point. Height of Building or Structure: The vertical distance to the level of 1111 the highest point of the roof's surface if the roof is flat or inclines not more than one inch vertical to one foot horizontal, or to the mean point between the eaves and the highest point of the roof if of any other type, or to the highest point of the structure if it has no roof, measured as follows: (1) If the building adjoins the front property line or is not more than ten feet distant therefrom: measured at the center of the front wall of the building from the established grade of the curb;or,if no grade has been officially established, from the elevation of the existing curb; or if no grade has been officially established and no curb exists,measured from the average level of the finished ground surface across the front of the building. Page Three (2) If the building is more than ten feet from the front property line: measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished ground surface is made by filling,the level of such finished grade,for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb. Home Occupation: Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, which use is clearly incidental or secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barber shop, beauty parlor, hairdressing establishment, tea room, tour • - ist home, rooming house, animal hospital, or any similar use,shall not be deemed to be a home occupation. Hospital:Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment, or other care of human ailments, but not including contagious diseases except incidentally, alcoholism, drug addiction, epilepsy, or mental diseases. House Trailer:Any portable or mobile vehicle used or designed to be used for living or sleeping purposes. The term "trailer" shall include such a vehicle if mounted on temporary or permanent founda- tions,with or without the wheels in place. Loading Space:Any off-street space available for the parking of one truck for loading or unloading of goods; not less than fifteen feet wide, forty feet long, and fourteen feet high, and having direct us- able access to a street or alley, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to, and not separated from such first loading space,need not be wider than twelve feet. Lot:A parcel of land, not divided by streets, occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, and having its principal frontage on a street or on such other means of access as may be deemed, in accordance with the provision of law,to be adequate as a condi- tion of the issuance of a building permit for a building on such land. Lot, Corner: A lot of which at least two adjacent sides abut on streets or public places.Any other lot is an "interior lot."That portion of a corner lot in excess of one hundred feet from the widest street on which • lot abuts shall be considered an interior lot. Lot, Interior: A lot other than a corner lot. Lot Area: The total horizontal area included within lot lines. Lot Depth:The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines. Lot Width: The mean width of a lot measured at right angles to its depth. Lot Lines: The property lines bounding a lot as defined herein. Lot Line,Front: The property line or lines separating the lot from the street or streets. Page Four Motel: A series of attached,semi-detached,or detached dormitory units,without kitchen facilities, having a private outside entrance for each unit, pro- vided with an automobile parking space convenient to each unit, and providing lodging with or without meals and other incidental services, for a transient clientele exclusively. Non-Conforming Use: A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this Ordinance or amendments thereto became effective. Nursery School: A "nursery school" is a school designed to provide daytime • care and instruction to five or more children under six years of age and registered by the State Education Department. Parking Area:An off-street area containing one or more parking spaces,with passageways and driveways appurtenant thereto. In general, there shall be an average of about 350 square feet of parking area per parking space. Parking Space:An off-street space,available for the parking of one motor ve- hicle on a transient basis, having dimensions of not less than 9 feet by 20 feet, exclusive of passageways and driveways appurtenant thereto, and giving access thereto, and having direct usable street access to a street or alley. Rooming House:Any building or portion thereof containing more than two and less than ten rooms without kitchen facilities that are used,rented,or hired out to be occupied or that are occupied for sleeping purposes for compensation, whether the com- pensation be paid directly or indirectly. The term "rooming house" shall be deemed to include lodging house and board- ing house, but not tourist home, motel, or multi-family dwelling. Sign: Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, but not in- cluding any flag, badge or insigne of any governmental agency, or any civic, charitable, religious, patriotic or fraternal or similar organization. For the purposes of this Ordinance,signs shall be considered to be struc- tures and shall be subject to all regulations applicable to structures. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it or,if there be no floor above it, • then the space between the floor and the ceiling next above it. A base- ment shall be counted as a story if the ceiling is more than five feet above the level from which the height of the building is measured, or if it is used for business purposes,or for dwelling purposes by other than a janitor or watchman and his family. Story, Half: A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story. Street: An existing State,County,or Town highway,a street shown on a sub- division plat approved by the Town Planning Board under Section 276 and 277 of the Town Law,or a street on a plat duly filed and recorded in the Office of the County Clerk prior to the appointment of the Plan- ning Board and the grant to such Board of the power to approve plats. Page Five Street Line: The line separating the street from the property abutting such street. Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, including but not limited to signs, swimming pools, tennis courts. Usable Open Space: A portion of the ground area of a lot which is available and accessible to all occupants of the building or build- ings on said lot for outdoor recreation use, which area is not devoted to driveways or parking spaces, is at least 25 feet in minimum dimension, and has no more than 10 percent of its area with a grade of more than 5 • percent. Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use," or its equivalent, shall not be deemed to include any non-conforming use. Use,Accessory: A use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith and limited to the uses specifically listed in the Schedule of Permitted Uses for the zoning district in which it is located. Yard: An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unob- structed from the ground upward,except for certain features specified in Section 421. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line,exclusive of certain features specified in the afore- said section as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side, or rear yard, respectively, and the measurement shall be taken at right angles from said line of the building to the nearest lot line. Yard, Front:A yard extending across the full width of the lot and lying be- tween the front line of the lot and the nearest line of the building. Yard, Side: A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard,or,in the absence of either of such yards, to the front and rear lot line as the case may be. Yard, Rear: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. ARTICLE III — ESTABLISHMENT OF DISTRICTS Section 300. District Classification The Town of Mamaroneck is hereby divided into the following classes of districts: R-30 Residence District(30,000 Square Feet) R-20 Residence District(20,000 Square Feet) R-15 Residence District (15,000 Square Feet) Page Six R-10 Residence District(10,000 Square Feet) R-7.5 Residence District( 7,500 Square Feet) R-6 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 OB-1 Office Building District OB-2 Office Building District B Business District LI Light Industry District • Section 310. Zoning Map Said districts are bounded and defined as shown on a sectional map entitled "Official Zoning Map of the Town of Mamaroneck, N. Y.," adopted June 29, 1959 and certified by the Town Clerk,which,with all explanatory matter thereon, is hereby made a part of this Ordinance. Section 330. Location of Boundaries Where uncertainty exists as to the locations of any boundaries shown on the zon- ing map, the following rules shall apply: 330.1 District boundary lines are intended to follow streets, rights-of-way, water courses, or lot lines, or be parallel or perpendicular thereto, unless such district boundary lines are fixed by dimensions, as shown on the zoning map. 330.2 Where district boundaries are indicated as following approximately streets, rights-of-way or water courses, the center lines thereof shall be construed to be such boundaries. 330.3 The zoning classification of any water area within the.Town inshore from the mean low tide line on the effective date of this Ordinance shall be deemed to be the same as the classification of the adjoining land area,and the zoning classification of any area extending outward from the shore beyond the said mean low tide line shall be R-30. 330.4 Where district boundaries are so indicated that they approximately follow lot lines,such lot lines shall be construed to be such boundaries. 330.5 In unsubdivided property, or where a district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on said map,shall be determined by the use of the map scale shown thereon. • 330.6 If the district classification of any land is in question,it shall be deem- ed to be in the adjoining district which appears first in Section 300. Section 340. Lots in Two or More Districts Where a lot in one ownership of record at the time of the adoption of this Ord- inance or any amendment thereto is divided by one or more district boundary lines,the Board of Appeals may permit the extension of a use or structure which is a permitted use in one portion of said lot,into the portion in which it is not a permitted use, provided (1) the lot has frontage on a street in the district in which such use is permitted; (2) the extension does not come within 100 feet of the street in the other district; and (3) conditions and safeguards are attached to such permit to protect existing or prospective development in the latter district. Page Seven ARTICLE IV — REGULATIONS Section 400. Application of Regulations In interpreting and applying this Ordinance, the requirements contained herein are declared to be the minimum requirements for the protection of the public health,morals,safety,comfort,convenience,and general welfare.This Ordinance shall not be deemed to affect in any manner whatsoever,any easements,covenants, or other agreements between parties,provided, however, that where this Ordin- ance imposes a greater restriction upon the use of buildings or land,or upon the erection,construction,establishment,moving,alteration or enlargement of build- ings than are imposed by other ordinances,rules,regulations,licenses,certificates or other authorizations, or by easements, or covenants, or agreements, the pro- • visions of this Ordinance shall prevail. Except as hereinafter provided, the fol- lowing general regulations shall apply: 400.1 Conformance Required for all Land and Buildings No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed, or arranged to be used for any purpose or in any manner except in conformity with this Ordinance for the district in which such building or land is located. Any use not specifically permitted by this Ordinance is prohibited. 400.2 Lot Required for Every Building Every building hereafter erected shall be located on a lot as herein defined.There shall be not more than one main building and its acces- sory buildings on one lot, except for non-residential buildings and multi-family dwellings in districts where such uses are permitted. 400.3 Yards and Open Space Can Apply to Only One Building No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other build- ing; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot. 400.4 Subdivisions of A Lot Should a lot hereafter be formed from the part of a lot already occu- pied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this Ordinance with respect to the existing building and all yards and other required spaces in connection therewith,and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this Ordinance. 400.5 Irregularly Shaped Lots Where a question exists as to the proper application of any of the regulations of this Ordinance to a particular lot or parcel because of peculiar or irregular shape of the lot or parcel,the Board of Appeals shall determine how such regulations shall be applied. 400.6 Required Street Frontage No permit shall be issued for any structure unless the lot upon which the structure is to be built has a frontage of at least the minimum width prescribed for the zone in which located on a street or high- way, as defined in Section 280a of the Town Law, which street or highway shall have been suitably improved, or a bond posted there- Page Eight for, as provided in said Law, except where the Planning Board has approved a lesser width as part of a subdivision plan, as authorized by Paragraph 400.7. 400.7 Zoning Modifications for Subdivisions Simultaneously with the approval of a subdivision plat,and pursuant to Section 281 of the Town Law, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimen- sions where for reasons of topography, shape, or dimensions of the area to be subdivided, such modification would permit a better sub- division layout provided that the average size of all lots shown on the • subdivision plat shall be equal to or greater than the required mini- mum area, that no more than 20 percent of the lots shown on the plats shall have less than the required minimum area, and that no lot shall have less than 80 percent of the minimum area specified in the Schedule of Regulations, and further provided that no lot shall have a width at any point or a street line frontage of less than 25 feet. Each approved modification of the zoning regulations shall be noted specifically on the plat and a copy of the plat shall be filed with the Town Clerk. Upon the filing of said plat in the Office of the County Clerk, the approved modifications shall be recorded as a part of this Ordinance. 400.8 Lots Subject to Periodic Flooding In areas adjacent to tidewater, no building or structure shall be erected with the elevation of a habitable floor lower than five (5) feet above mean high tide level. 400.9 Usable Open Space Required Included in every lot hereafter developed in whole or in part for residence, there shall be provided at least the area of usable open space as defined herein, and as specified in the Schedule of Regula- tions for each dwelling unit. 400.10 Accessory Uses All accessory uses shall be located on the same lot with the principal uses to which they are accessory. Section 410. Schedule of Regulations The Schedule of Regulations,appended hereto,which defines the use of land and buildings,the height of buildings,the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots,off-street parking space, loading space, and all other matters contained herein as indicated for the various districts by this Ordinance, is hereby adopted and declared to be a part of this Ordinance. The regulations listed for each district as designated, reading from left to right across the Schedule, are subject to all other provisions of this Ordinance and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. Only those uses specifically listed as being permitted shall be permitted. Section 420. General Regulations The provisions of this Ordinance shall be subject to such exceptions,additions or modifications as herein provided by the following general supplementary reg- ulations. Page Nine Section 421. Yards, Setbacks, and Courts 421.1 Terraces and Porches. A paved terrace shall not be considered in determination of yard size or lot coverage provided,however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three (3) feet high, and shall not project into any yard to a point closer than five (5) feet from any lot line. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in the determination of the size of yard or amount of lot coverage. • 421.2 Projecting Architectural Features. Cornices, eaves, chimneys, bay windows, window-sills, belt-courses, and other architectural features may project not more than two (2) feet into any required yard. The sum of any bay window projections on any wall shall not exceed one-fourth the length of such wall, and no such projecting bay window shall have a total length of more than ten (10) feet nor be more than one story in height. 421.3 Fire Escapes. Open fire escapes may extend into any required yard not more than six (6) feet, provided, however, that such fire escape shall not be closer than four (4) feet at any point to any lot line. 421.4 Walls and Fences. The yard requirements of this Ordinance shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residence district such fence or wall shall not exceed four feet in height in any required yard, except where approved by the Board of Appeals. Walls and fences are subject to Paragraph 421.5. 421.5 Visibility at Intersections. At any street intersection in any residential district, no fence, wall, or other structure, or planting, more than three feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty feet distant from the point of inter- section,measured along said street line.The height of three feet shall be measured above the road surface at the nearest edge of the road. This paragraph shall not apply to existing trees, provided that no branches are closer than six feet to the ground. This provision shall • be in addition to the provisions of Chapter IV, Section 5 of the General Ordinances of the Town. 421.6 Corner Lots. On a corner lot in any residence district there shall be provided a yard on each street equal in depth to the required front yard on such streets.A rear yard shall be provided on each corner lot,and the owner shall elect which yard is the rear yard. 421.7 Courts. The least dimension of any INNER court at the sill level of the lowest windows shall be equal to the height of the highest wall forming part Page Ten of such court. The depth of any OUTER court shall not exceed one- half its width, and such width shall not be less than fifteen feet. Section 422. Height Exceptions 422.1 The height limitations of this Ordinance shall not apply to spires, cupolas, and domes of churches, nor to chimneys, ventilators, sky- lights, water tanks, bulkheads, or similar features, and necessary mechanical or amateur electronic devices and appurtenances usually carried above the roof level. Such features, however, shall be erected only to such heights as is necessary to accomplish the purpose they are intended to serve,and the total area covered by such features shall • not exceed 10 percent of the area of the roof on which they are located. No structure having a height of more than 70 feet in an R-TA District or more than 50 feet in any other district shall be erected unless approved by the Board of Appeals. 422.2 The provisions of this Ordinance shall not prevent the erection above the buildingheight limit of a parapet wall or cornice, for ornament and without windows, extending above such height limit not more than five feet. Section 423. Minimum House Size No dwelling unit erected or created by alteration, subsequent to the adoption of this Ordinance,shall have a first floor area less than that required in the Schedule of Regulations. Such floor area shall include all floor area used for human occu- pancy within the exterior walls of the building, as defined in the Building Code of the Town of Mamaroneck,but shall not include open porches or breeze-ways, garages, basements, or uninhabitable attic space. For the purpose of this section, the first floor area of a split-level house shall be deemed to be the total area of the lowest habitable floor or floors. Section 424. Dwellings in House Trailers and Accessory Buildings 424.1 House trailers, as defined in this Ordinance, shall be prohibited from all districts, except that one trailer may be parked or stored in an enclosed accessory garage or accessory building, provided that no living quarters shall be maintained nor any business conducted in connection therewith while such trailer is stored. 424.2 Any accessory building on the same lot with a main residence build- ing shall not be used for residence purposes, except for domestic employees of the owners or of the tenants of the main building and • who are employed on the premises. Section 431. General Provisions, Permitted Special Uses The special uses for which conformance to additional standards is required by this Ordinance shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this Ordinance. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Section 432. Application for a Special Permit Application for required special permits shall be made to the Town Board. Each such application shall be referred to the Planning Board for a report, which re- Page Eleven port shall be rendered prior to the date of public hearing on the application. The Town Board, after public notice and hearing in the same manner as is re- quired by law for zoning amendments, may authorize the issuance of a permit provided that it shall find that all of the following conditions and standards have been met: 432.1 The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it,the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. 432.2 The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 432.3 Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibra- tion, flashing of lights or other aspects,than would be the operations of any permitted use not requiring a special permit. 432.4 Parking areas will be of adequate size for the particular use,properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maxi- mum safety. 432.5 The Town Board shall appoint a Board of Architectural Review con- sisting of 3 members, two of whom shall be architects registered by the State of New York and who shall serve at the pleasure of the Board and without compensation. Such Board shall submit a report on any application for a special permit referred to it by the Town Board with respect to any change in architectural design and land- scaping which said architectural board believes necessary in order that the Town Board may make the findings required by this section. Nothing contained in this subdivision shall be construed as limiting final action or the authority possessed by the Town Board or any officer of the Town. Section 433. Required Plan A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit.The plan shall show the loca- • tion of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features, and any other pertinent in- formation, including such information about neighboring properties that may be necessary to determine and provide for the enforcement of this Ordinance. The plans submitted shall also contain a detailed architectural design of the building and a landscaping plan as well as plans and specifications for signs which the applicant proposes to use in connection with the buildings to be erected. Section 434. Conditions and Safeguards The Town Board shall attach such conditions and safeguards to the special per- mit as are necessary to assure continual conformance to all applicable standards and requirements. Page Twelve Section 435. Expiration of Special Permits A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than nine months for any reason. Section 436. Existing Violations No permit shall be issued for a special use for a property where there is an ex- isting violation of this Ordinance. Section 440. Non-Conforming Uses 440.1 Continuing Existing Uses Except as otherwise provided in this ordinance,the lawfully permitted use of land or buildings existing at the time of the adoption of or any amendment to this Ordinance may be continued although such use does not conform to the regulations specified by this Ordinance for the district in which such land or building is located. Said uses shall be deemed non-conforming uses. 440.2 Non-Conforming Use of Land Where no building is involved,the non-conforming use of land may be continued provided, however, that no such non-conforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that lawfully occupied by such use at the time it became legally non-conforming, nor shall any such non-con- forming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such non-conforming use at the time of the adoption of the provision of this Ordinance that made it non-conforming, provided further, that if such non-conforming use of land, or any portion thereof, ceases for any reason for any con- tinuous period of more than ninety (90) days, or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this Ordinance. No non-conforming use of land shall be changed to another non-conforming use. 440.3 Non-Conforming Use of Buildings (a.) A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated. • (b.) Such non-conforming building shall not be structurally altered unless authorized under Section 446, or unless such alterations are required by law, provided, however, that such maintenance and repair work as is required to keep a non-conforming build- ing or structure in sound condition shall be permitted; and pro- vided further that any such non-conforming use may be extend- ed throughout any parts of the building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of the provision of this Ordinance that made said use non-conforming. (e.) A non-conforming use of a building may be changed only to a conforming use. Page Thirteen (d.) If any non-conforming use of a building ceases for any reason for a continuous period of more than one year, or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever,for any reason, then any future use of such building shall be in conformity with the regulations specified by this Ordinance for the district in which such building is located. (e.) If any building in or on which any non-conforming use is con- ducted or maintained is hereafter removed, the subsequent use of the lot on which such building was located and the subse- quent use of any building thereon shall be in conformity with the regulations specified by this Ordinance for the district in • which such land or building is located. Section 444. Conformity as to Use with Deviations in Other Respects A building that is conforming in use but does not meet the height, yard, court, floor area, parking, loading, open space or land coverage requirements of this Ordinance shall not be considered to be non-conforming within the meaning of Section 440.3. However, no permit shall be issued that will result in an increase in the extent by which such building fails to meet such requirements. Section 445. Building on Lots of Less Than Required Size 445.1 A permit may be issued, subject to section 610, for the erection of a building housing a permitted use on any lot existing in single sep- arate ownership as of the date of adoption of this Ordinance or of any amendment thereto,or as to which a valid conveyance or contract of sale has been executed and delivered prior to such date, which lot does not meet the requirements of this Ordinance with respect to area, depth, width, or frontage, provided, however, that where the owner of any such lot also owned or had under contract to purchase adjoining land on such date, such other land or so much thereof as may be necessary shall be combined with the original lot to make a single lot meeting such requirements if possible. Otherwise it shall be combined to make a lot which meets such requirements to the fullest extent possible. 445.2 In the case of a lot which does not meet the required dimensions in a residence district the minimum required front and rear yards shall be those of the residence district in which said lot's depth would meet the current requirements, the minimum required side yards shall be those of the residence district in which said lot's width would meet • the current requirements, and the minimum required floor area shall be that of the residence district in which said lot's area would meet the current requirements. 445.3 A permit may be issued for the erection of a building housing a per- mitted use on any lot shown as a separate parcel upon a subdivision map or plat duly approved by the Planning Board of the Town of Mamaroneck and recorded in the Office of the County Clerk, Divi- sion of Land Records, prior to the effective date of this Ordinance, provided, however, that the owner or sub-divider has filed with the Planning Board a bond for the completion of the street improvements and utilities as required by the Planning Board under the provisions Page Fourteen of Sections 277 and 278 of the Town Law,or,in the alternative,such street improvements and utilities have been completed as required by the Planning Board. Section 446. Restoration of Damaged Buildings If any building shall be accidentally destroyed or damaged due to fire, explosion or other cause to the extent of not more than 50%,above the foundations,of its reproduction value at the time of the damage as determined by the Building Inspector it may be restored on its original foundations but if damaged or destroyed to a greater extent, it nevertheless, may be rebuilt or restored to pro- vide an equivalent livable or useable area,but it shall conform to the side yard • requirements in this Ordinance and if such building be a dwelling, it shall not be nearer to the street than the average distance of the dwellings on the lots adjacent thereto on each side,or if there be none adjacent,the average of the two nearest dwellings on the same side of the street in the same block,provided that such buildings when restored shall comply with the structural requirements of the Building Code. This section shall not apply unless such building is restored within 12 months of such damage or destruction. Section 447. Non-Conforming Signs Regardless of any other provision of this Ordinance, or any other Ordinance or Code of the Town of Mamaroneck, every sign which, after the effective date of this Ordinance, may exist as a non-conforming use in any district shall be dis- continued and removed or changed to conform to the regulations of said district within a period of two years from said date. Subject to the provisions of this paragraph,all of the provisions of this section shall apply to every non-conform- ing sign. Section 448. Completion of Buildings Under Construction Any building for which a permit has been duly granted prior to the effective date of any amendment to this Ordinance which makes such building non-conforming as to use or causes it to deviate in other respects from the height, yard, court, floor area, parking, loading, open space or land coverage requirements of this Ordinance may be completed in accordance with the plans on file with the Build- ing Inspector, subject, however, to the provisions of Section 530 of this Ordinance. Section 449. Existing Special Uses Deemed Conforming III Any use lawfully existing on the effective date of this amended Ordinance or on the date of any subsequent amendment to this Ordinance in the district in which such use is or was at that time classified in the Ordinance as one requiring a special permit,shall,without further action,be deemed to be a conforming use in such district. Any extension of or addition to such use shall meet all require- ments of this Ordinance. Section 450. Off-Street Parking, Loading and Vehicular Access 450.1 General It is the intention of this Ordinance that all structures and land uses be provided with a sufficient amount of off-street motor vehicle parking to meet the needs of persons employed at or making use of Page Fifteen such structures or land uses, and sufficient off-street loading and un- loading facilities to meet the needs of such structures or land uses. 450.2 Required Space to Be Shown on Plan The plans for any new building or any expansion of an existing build- ing,when submitted for a building permit,shall show specifically the location and size and type of improvement of the off-street parking or loading space required to comply with this Ordinance and the means of access to such space from the public streets or highways. Except for one and two-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvement is approved by the Town Engineer, who shall determine that traffic access, traffic circulation and general layout of the parking facility are planned with regard to safety to traffic on the public street, and safety and adequacy of access for cars and pedestrians using the parking facility.No certificate of occupancy shall be issued for any building or land use until the required off- street parking space has been established. 450.3 Existing Buildings and Uses (a.) Buildings and land uses in existence or for which building per- mits have been approved on the effective date of this amended Ordinance shall be subject to the parking or loading space re- quirements of this Ordinance on the date of such permit or the date the use was established, in the case of existing uses, pro- vided that any parking and loading facilities then existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements.Required parking and loading facilities shall, however, be provided as a condition for the issuance of any building permit for any enlargement of such structures or uses in the future, but in the case of excep- tional difficulty or unusual hardship to such properties arising out of this requirement, appeal may be made to the Board of Appeals. In acting upon such case, the Board of Appeals shall require such degree of compliance as it may deem reasonable for that part of the structure or use that is legally non-conform- ing,but shall not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or ex- pansion, and shall not permit reduction or elimination of what- ever quantity of parking may already be in existence unless it is in excess of requirements. • (b.) Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town,shall be deemed to continue to serve the uses or structures for which they were originally provided. 450.4 Off-Street Parking Requirements Off-street motor vehicle parking facilities shall be provided as fol- lows, except as provided above or where additional parking require- ments may be made as a condition of the issuance of a special permit under Section 432, in which case, provisions of that section shall apply. Page Sixteen Type of Use Minimum Requirements (a.) One- and two-family 1 space for each dwelling unit. dwellings (b.) Multi-family dwellings 1-11/2 outdoor spaces for each dwell- for three or more ing unit located within 200 feet by the families most direct walking route to, and shall be readily accessible to, the exterior entrance or entrances of the multi- family dwelling units they serve, and shall be in addition to any other space located within a garage. 410 (c.) Professional office or 2 spaces in addition to spaces required home occupation per- for residential units, except that med- mitted in a residential ical or dental offices shall have 4 spaces zone as an accessory use for each doctor or dentist in addition to residential parking requirements. (d.) Rooming or boarding 1 space for each guest sleeping room, house plus 1 space per resident family. (e.) Hospital,clinic,sanitar- 1 space for each patient bed, excluding ium or convalescent bassinets, plus 1 space for each person home employed in the building. (f.) Theatre,auditorium, 1 space for each 5 seats or 200 square athletic field,or other feet in such place of assembly, which- place of public assem- ever would be the greater. bly other than a church (g.) Church or other place 1 space for each 5 seats or pew spaces. of worship (h.) Bowling alley 5 spaces for each alley. (j.) Other center of public 1 space for every 200 square feet of amusement, the capacity floor space devoted to patron use. of which cannot be measured in terms of seats (k.) Restaurant or place 1 space for each 50 square feet of floor dispensing food or drink space devoted to patron use. (I.) Retail or service business 1 space for each 100 square feet of floor space. (m.)Wholesale,storage,util- 1 space for each person for which the ity or other commercial building or use is designed. building or use (n.) Office for business or 1 space for each 200 square feet of floor professional use area. (o.) Funeral parlor or under- At least 10 spaces,plus 1 space for each taking establishment person working in such establishment. (p.) 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. (q.) 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 Page Seventeen 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 on contiguous lots,the total capacity of which space is less than the sum of the spaces re- quired for each, provided 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 such ap- proval of such joint use shall be automatically terminated upon the termination of the operation of any of such establishments. Section 455. Layout and Location of Off-Street Parking Facilities 455.1 The required off-street parking facilities for structures and land uses 410 which are developed after the effective date of the amended Ordin- ance shall be provided on the same lot or premises with such structure or land use; except that off-street parking spaces required for struc- tures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots, and except that the Board of Appeals may permit all or part of the required spaces to be located on any lot within 500 feet of the building, except in a Resi- dence District, if the Board determines that it is impractical to pro- vide parking on the same lot with the building. 455.2 In any Residence District, no unenclosed off-street parking facility shall be developed within 25 feet of a front lot line,or shall be devel- oped within 5 feet of a side or rear lot line. 455.3 No parking in connection with any non-residential use shall be so located that motor vehicles may enter or leave the parking area across a sidewalk except at a point or points approved as part of a plan as required by Section 450.2. 455.4 No parking required for a business use in a Business District may be provided in a Residence District. 455.5 Parking areas shall be laid out so that vehicles will not be required to back into the public highway when leaving the parking area. Section 456. Improvement of Parking Facilities Required off-street parking facilities may be enclosed in a structure or may be open,except as required specifically for multi-family dwellings under 450.4 (b), provided that all required parking facilities shall be graded,surfaced,drained and suitably maintained to the satisfaction of the Town Engineer to the extent neces- • sary to avoid nuisances of dust,erosion,or excessive water flow across public ways or adjacent lands. The Town Engineer may require the plan to provide for suit- able markings to indicate individual parking spaces,maneuvering area,entrances and exits. Section 457. Operation and Maintenance of Off-Street Parking Facilities Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve.Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses,except when dedicated to and accepted by the Town as public parking areas. Page Eighteen Section 458. Off-Street Loading Requirements Off-street loading and unloading facilities, as defined in this Ordinance and lo- cated on the same site with the use to be served,shall be provided as follows: 458.1 For retail and service business establishments, restaurants and other places serving food and beverages, where the ground floor area ex- ceeds 2,000 square feet, one space for the first 4,000 square feet of floor area, or major portion thereof, used for business purposes, and one additonal space for each additional 10,000 square feet of business floor space, or major portion thereof. 458.2 For wholesale businesses, storage warehouses, manufacturing or in- dustrial establishments: one space for each 10,000 square feet, or major portion thereof,used for such purposes. 458.3 Reasonable and appropriate off-street loading requirement for struc- tures 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 loading and unload- ing needs of such use. ARTICLE V — ADMINISTRATION AND ENFORCEMENT Section 500. Enforcement 500.1 No board,agency,officer,or employee of the Town shall issue,grant or approve, any permit, license, certificate, or other authorization, including special permits by the Town Board, for any construction, reconstruction, alteration, enlargement or moving of any building, or for any use of land or building that would not be in full compli- ance with the provisions of this Ordinance.Any such permit,license, certificate, or other authorization, issued, granted or approved in violation of the provisions of this Ordinance shall be null and void and of no effect, without the necessity of any proceedings or revoca- tion or nullification thereof, and any work undertaken or use estab- lished pursuant to any such permit,license or certificate,or authoriza- tion, shall be unlawful, and no action shall be taken by any board, agency, officer, or employee of the Town purporting to validate any such violation. 500.2 This Ordinance shall be enforced by the Building Inspector in accor- dance with the provisions of this Ordinance. Section 503. Records and Reports 503.1 The Building Inspector shall keep a permanent record, including all pertinent maps and plans,of all applications for building permits and certificates of occupancy. 503.2 The Building Inspector shall also keep a permanent record of all violations of this Ordinance, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations. 503.3 The Building Inspector shall make a report to the Town Board, in writing, at least once every three months, reporting the number and type of building permits and certificates of occupancy issued, and listing all reported or continuing violations of this Ordinance and the disposition or pending action of such violations. Page Nineteen Section 510. Building Permits 510.1 No building or structure shall be erected, enlarged, structurally al- tered, demolished, moved or removed, wholly or partly, and no ex- cavation for any building, structure or use shall be made until a per- mit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where such construction, addition, alteration,moving, or use thereof, would be in violation of any of the provisions of this Ordinance. 510.2 A building permit shall he,void if construction is not started within a period of six months, r completed within a period of two years of the date of said permit. a 510.3 There shall be submitted with all applications for building permits three copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing,and the lines within which the building or structure is to be erected or altered, the existing and intended use of each building or part thereof, the number of families or housekeeping units that a building is designed to accommodate, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this Ordinance. One copy of such plan shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started.The Building Inspector, after inspection of the property, may require information relative to the contours of the lot where the building or buildings are to be located. Section 520. Certificate of Occupancy 520.1 It shall be unlawful for an owner to make or permit any new use of land or to use or permit the use of any building or premises,or part thereof, created, erected, changed, converted or enlarged, wholly or partly, in its use or structure,after the effective date of this amended Ordinance, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof, are in complete conformity with the provisions of this Ordinance. The lack of a certificate of occupancy for buildings and uses existing as of1111) the date of the adoption of this Ordinance shall not, of itself, be deemed to be non-compliance with this Ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy pro- vided that he is satisfied that the building and the proposed use of the building or premises conform with all the requirements herein set forth. A certificate of occupancy shall be applied for coincident with an application for a building permit. 520.2 A certificate of occupancy shall be deemed to authorize, and is re- quired for both initial and continued occupancy and use of the build- ing or land to which it applies,and shall continue in effect as long as such building and the use thereof or of such land is in full conformity Page Twenty with the provisions of this Ordinance and any requirements made pursuant thereto. 520.3 The Building Inspector shall maintain a record of all certificates and copies shall be furnished, upon request, to any person having a pro- prietary or tenancy interest in the building affected. Upon written request from the owner,the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspec- tion, that the extent and kind of use and disposition conforms with the provisions of this Ordinance. Section 530. Building Permits Issued Prior to Adoption of Ordinance • All permits for buildings or structures issued prior to the effective date of this Ordinance shall be null and void unless construction is star ed within a period of 6 months from the date of the issuance of such permit completed within a period of 2 years from the date of issuance of such permit.If building operations are discontinued for a period of 6 months or more any further construction shall be in conformity with all of the provisions of this Ordinance. Section 540. Violations and Penalties 540.1 Any owner,lessee,tenant,occupant,architect or builder,or the agent of any of them, who violates, or is accessory to the violation of any provisions of this Ordinance,or who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, con- verts or moves, uses any building or uses any land, in violation of any detailed statement or plans submitted by him and appr :. un- der the provisions of this Ordinance,shall be guilty of a ' 14,4':': , and shall be liable to a fine which shall not exceed $50.0x, or im- prisonment for a period not to exceed six months,or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional violation. Violations shall be prosecuted and penalties collected in the manner prescribed by law or ordinance effective in the Town. 540.2 Any building erected, constructed, altered, enlarged, converted, de- molished, moved or removed, or used contrary to any of the provi- sions of this Ordinance,and any use of any land or any building which is conducted, operated, or maintained contrary to any of the pro- visions of this Ordinance,shall be and the same is hereby declared to be unlawful. The proper Town authorities may institute an injunc- tion, mandamus, abatement or any other appropriate action to pre- vent, enjoin, abate, or remove such erection, construction, alteration, 4110 enlargement, conversion, or use in violation of any of the provisions of this Ordinance. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of ten days after written request by a resident taxpayer of the Town to so proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation,may institute such appropriate action or proceeding in like manner as such local officer,board or body of the Town is authorized to do.The Building Inspector shall serve notice personally or by registered mail, and, if by mail,it may be addressed to he owner or occupant of the premises where such violation exists at the address given by him upon the application for any permit required under the provisions of this Page Twenty-one Ordinance or the Building Code of the Town, or to the last known address of the owner as shown by the records in the Office of the Town Receiver of Taxes or in the Office of the Register of the Coun- ty of Westchester, and if such violation does not cease within such time as proper Town authorities may specify, and a new Certificate of Occupancy is not obtained, they shall institute such of the fore- going action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises. The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law. Section 550. Board of Appeals 550.1 Organization (a.) A Board of Appeals, as heretofore established by the Town Board, is hereby maintained. (b.) Said Board shall have the power to adopt from time to time such rules and procedure not inconsistent with law, as it may deter- mine to be necessary, to carry out the provisions of these Regu- lations and to exercise the authority vested in it by the Town Law. 550.2 Powers and Duties The Board of Appeals shall have all the powers and duties prescribed by the Town Law and by this Ordinance,which powers and duties are summarized and more particularly specified as follows,provided that none of the following provisions shall be deemed to limit any of the power of the Board of Appeals that is conferred by the Town Law. (a.) Interpretation On appeal from an order, requirement, decision or determina- tion made by an administrative official, to decide any question involving the interpretation of any provision of this Ordinance, including determination of the exact location of any district boundary line if uncertainty remains after reference to the rules specified in Article III. (b.) Variances Where the strict application of any of the requirements of this Ordinance in the case of an exceptionally irregular, narrow, shallow, or steep lot, or other exceptional physical conditions, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or the building involved, but in no other case, the Board of Appeals4110 shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions of this Ordinance. No variance in the strict application of any provisions of this Ordinance shall be granted by the Board of Appeals unless it finds: 1.That there are special circumstances or conditions, fully de- scribed in the findings of the Board of Appeals, applying to the building or land for which the adjustment is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the district, and have not resulted from any act of the Page Twenty-two applicant subsequent to the date of adoption of the regula- tion or regulations appealed from, whether in violation of the provisions herein or not. 2.That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the particular application of the conditions of this Ordinance would deprive the applicant of the reasonable use of such land or building and the granting of the adjustment is neces- sary for the reasonable use of the land or building, and that the adjustment as granted by the Board is the minimum adjustment that will accomplish this purpose. i3.That the granting of the adjustment will be in harmony with the general purposes and intent of this Ordinance, and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare. 550.3 Conditions and Safeguards In all cases where the Board of Appeals authorizes the issuance of a building permit or certificate of occupancy under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health,safety, morals and general welfare, and to insure continual compliance to these regulations. Section 553. Appeals — How Taken All appeals and applications to the Board of Appeals shall be taken in the man- ner prescribed by law and within such time as shall be prescribed by the Board of Appeals by general rule.All such appeals and applications shall be in writing, on forms prescribed by the Board, and each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of the Ordinance involved, and shall exactly set forth, as the case may be,the interpretation that is claimed, the details of the adjustment that is applied for, and the grounds for which it is claimed that the same should be granted, or the use for which a special permit is sought. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the find- ings on which the decision was based. Section 554. Fee for Advertising Hearing Any person or corporation, other than the Town of Mamaroneck, making any • application to the Board of Appeals under the provisions of this Ordinance,shall pay to the Building Inspector the sum of Ten ($10.00) Dollars to cover the cost of advertising the notice of hearing, upon each application filed. ARTICLE VI —AMENDMENTS Section 600. Amendment Procedure 600.1 The Town Board, from time to time, may amend, supplement, or repeal the regulations and provisions of this Ordinance, after public notice and hearing, in the manner provided by Town Law. 600.2 Every such proposed amendment or change,whether initiated by the Town Board or by petition, shall be referred to the Planning Board Page Twenty-three for report thereon before the public hearing provided for in 600.1 above. In recommending the adoption of any such proposed amend- ment, the Planning Board shall state its reasons for such recommen- dation, describing any condition that it believes makes the amend- ment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the com- prehensive plan of land use for the Town and would be in further- ance of the purposes set forth in Article I of this Ordinance. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons. Failure of the Planning Board to make a report on any proposed amendment within forty-five days of the date of referral shall be deemed to be approval thereof,unless such proceedings have theretofore been terminated. 1111 Section 610. Effect on Issuance of Permits Whenever the Town Board, by resolution, authorizes a public hearing on a pro- posed amendment to this Ordinance,and for a period of sixty days following the date of such resolution, no building shall be erected,enlarged, or altered,and no permit shall be issued for the construction, enlargement or alteration of any building or for the occupancy of any land or building in any manner that would be contrary to the Ordinance as it would be changed by the proposed amendment. ARTICLE VII —MISCELLANEOUS Section 700. Separability Clause If any section, sub-section, sentence, clause, phrase, or other part of this Ordin- ance, is, for any reason, held by any court of jurisdiction to be invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance. The Town Board hereby declares that it would have passed this Ordinance and each section, sub-section, sentence, clause, phrase, and other parts thereof, irre- spective of the fact that any one or more sections,sub-sections,sentences,clauses, phrases, or other parts, be declared invalid. Section 710.Short Title This Ordinance shall be known as and may be cited as the Town of Mamaroneck Zoning Ordinance. Page Twenty-four 1111 • Section 410. TOWN OF MAMARONECK, N. Y. SCHEDULE OF PERMITTED USES IN RESIDENCE DISTRICT (See also Schedule of Residence District Regulations) DISTRICT PERMITTED PRINCIPAL USES PERMITTED SPECIAL USES PERMITTED ACCESSORY USES (Subject to Conformance to (Men located on the same lot Additional Standards As with the principal uses to which Provided in Section-43Q.}" they are accessory.) R-30 ONE-FAMILY RESIDENCE 1. Parochial and private elementary 1. Professional office of a physician, dentist, 1. One-family dwellings. and high schools which meet the chiropractor, architect, engineer, or 2. Churches and other places of worship. same site standards of the State similar professional person, when conducted 3. Public Elementary and high schools. Education Department as a public in a dwelling by the inhabitant thereof, 4. Water supply facilities. school. with not more than one non-resident employ- ee or associate in any dwelling. 2. Nursery schools. 2. Keeping of not more than two non-transient 3. Non-profit membership clubs. persons as roomers or boarders in any dwell- ing, providing no sign is displayed and no 4. Public utility sub-stations serving separate cooking facilities shall be main- the local area only, and where it tained in connection with such accessory use. can be shown that it cannot be R-20 located in a non-residential dis- 3. Private garden house, garage, trict. tool house, playhouse, family swimming pool (as permitted by R-15 5, Playground, park, parkway, the Building Code), tennis courts, parking lot, library, firehouse, greenhouse, or similar private R-10 police station or other munici- accessory use, not used for Com- pal use, not including inciner- mercial or public purposes. ators or dumps. R-7.5 4. Off-street parking in accordance with Section 450. 5. Parish house, rectory, Sunday School rooms. R-6 ONE-FAMILY RESIDENCE 1. Same as R-30 above. 6. Signs located on the building and not ex- 2. Railways, not including switching, ceeding 2 square feet in area identifying storage or freight yards or sidings. a professional office or home occupation. Signs not exceeding 3 square feet in area pertaining to a permitted use other than R-2F TWO-FAMILY RESIDENCE a professional office or home occupation, 1. Same as R-30 above. including sale, lease, or rent of land or 2. Two-family dwellings. building on which displayed. (Subject to Paragraph 447, and to the Building Code. R-GA GARDEN APARTMENT 1. All principal uses permitted and regulated in.R-25 above. 2. Dwellings for more than two families. ATTACHED RESIDENCES R-A Same as R-GA above. R-TA TOWER APARTMENT Same as above. 1. Same as above. 2. Self-service laundry for use of the 1. Same as R-GA above. residents of an apartment building. 2. Professional office of a physician, dentist, chiropractor, architect, engineer, or similar professional person. • • Section 410. TOWN OF MAMARONECK, N. Y. SCHEDULE OF RESIDENCE DISTRICT REGULATIONS (Dimensions in Feet, unless otherwise indicated) R-30 R-20 R-15 R-10 I R-7.5 R-6 R-2F R-GA R-A R-TA Minimum Lot Area 30,000 20,000 15,000 10,000 7,500 6,000 5,000 3,500 2,500 1,500 Per Dwelling Unit Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. (Note C) Minimum Lot Width and Length of Street Line Frontage 125 100 100 85 75 60 50 - - - Minimum Depth of Lot 150 125 100 100 100 100 100 150 100 100 Minimum Front Yard (See Note A) 50 40 40 30 30 30 30 50 30 15 tvliiimum Side Yards l Least One 20 15 10 10 I 10 8 8 50 15 1-1/2"per foot of building height Total of Two 50 40 30 25 20 18 18 100 30 but not less than (See Note D) 5 ft. or 1"for each foot of building length, minimum of 10 ft. from a street. Minimum Rear Yard 50 40 25 25 25 25 25 40 25 3"per foot of (See Not cs B& D) building height, but not less than 15 feet. Minimum Courts As Required By Paragraph 421 .7 Maximum Coverage of Lot - - - - - - - 200 20% 20% lkable Open Space T (in Sq.Ft. per dwelling unit) 1,200 1,200 1,200 1,200 1,200 1,200 1,200 400 330 200 Minimum First Floor Area (in Sq.Ft.) 1 Story 2,100 1,900 1,600 1,400 1,200 1,000 1,000 1 1/2 Story 1,800 1,700 1,330 1,100 1,000 800 800 2 -2 1/2 Story 1,500 1,400 1,000 900 800 700 700 Minimum Floor Area An average of per Dwelling Unit 750 sq. ft. per dwelling unit. Maximum Height In Stories 2-1/2 2-1/2 2-1/2 2-1/2 2-1/2 2-1/2 2-1/2 2-1/2 2-1/2 6 In Feet 35 35 35 35 35 35 35 35 35 70 Minimum Number of Off-Street Parking Spaces As Required by Section 450 Nuts: A. On a corner lot, a front yard shall be provided on each street (See Paragraph 421.6). B. A rear yard shall be provided on a comer lot and the owner shall have the privilege of electing which yard is to be the rear yard. C. Any lot existing in the R-2r Zone in single and separate ovmership on June 29, 1959, having at least 7,500 sq.ft., may be used for two-family residence. D. An unattached accessary building not over one story or 15 feet in height and located on the rear one-third of the lot may be placed at a minimum distance of 5 feet from the property line, On a corner lot such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. S Section 410. TOWN OF MAMARONECK, N, Y. SCHEDULE OF PERMITTED USES IN BUSINESS AND INDUSTRY DISTRICTS. (See also.Schedule of Regulations for Non-Residential Districts) PERMITTED SPECIAL USES (Subject to Conformance to Additional Standards as pro- DISTRICT PERMITTED PRINCIPAL USES vided in Section 432.) PERMITTED ACCESSORY USES Business 1. Store for sale of goods at retail or performance of 1. Gasoline filling stations and 1. Any accessory building or use B customary personal services, or service clearly inci- garages including facilities customarily incident to a dental to retail sales, but no fabrication or manufac- for servicing and repair. permitted use. turing, except incidental to and on the same premises 2. Radio, television and other 2. Signs pertaining to a permitted with such retail sales. electronic transmission struc- use conducted on the lot where 2. Restaurant, cafe, or other place serving food and tures and towers. such signs are displayed, pro- beverages. 3. Motels or hotels. vided such signs 3. Indoor recreation or amusement establishments. 4. Veterinary hospital, boarding (a)do not face any lot line of 4. Business or professional offices. and care of small pets. any adjoining lot in a resi- 5. Sale or hire of new or used motor vehicles, but no 5. Undertaking and funeral homes. dence zone; used car lot except as accessory to a new car dealer. 6. Newspaper printing and (b) are not of the flashing type, 6. Municipal uses. publishing. and any source of illumina- tion is not exposed; 7. Public utility structures, serving a local area. (c) are not placed on the roof, or do not extend above the wall of the building on which the sign is placed; light industry 1. Non-residential uses as permitted in the Business (d)are not more than 20 feet LI District. in height when located 2. Wholesale and storage business, provided all storage as a free-standing struct- is in buildings. ure in any yard 3. Building, plumbing, electrical and similar con- tractor's establishments. 4. Laundry, dry cleaning. 5. Industrial uses, including the manufacture, fabrica- tion, processing, converting, altering, assembly, 3. Exterior spot lighting or other or other handling of products, the operations of illumination of buildings or which are conducted solely within a building, use grounds, except that there electrical power solely, and normally are such that shall be no unshaded light they will not cause or result in any sources, and lights shall be so a. dissemination of dust, smoke, observable located that their beams are gas or fumes,odor, noise, vibration, radi- not directed into adjoining ation or interference with radio or televi- residential properties or into Sion reception beyond the limits of the the public highways. building in which the use is located; b. hazard of fire or explosion, or other physical hazard; c. harmful discharge of waste materials; d. unusual traffic hazard or congestion due to the type of vehicles required in the use or due to the manner in which traffic enters or leaves the site of the use. Office Building Any use permitted and as regulated in an R7.5 District, 1. Any accessory use customarily Office buildings for busi- OB -1 except that there shall be no combination of resi-• nese and professional use incident to a permitted use. OB -2 dance and business uses on the same lot. (including administrative, 2. One sign announcing the name sceintific, research and of the company or companies development, educational, housed in the building. Such statistical, financial and similar activities), but sign shall not exceed 30 square not including manufactur- feet in area, nor extend above ing or fabrication of pro- the roof level of the building, ducts, or the sale of goods nor face any lot line of any at wholesale or retail. adjoining lot in a residence district. No free-standing such sign shall have any di- mension exceeding 10 feet, nor shall any part thereof be more than 10 feet above ground level. Such sign may be ilium.; inated only by shaded light sources. Necessary direction signs, none of which shall ex- ceed 5 square feet in area, shall be permitted subject to the same limitations as above. 111 Section 410. TOWN OF MAMARONECK, N. Y. SCHEDULE OF REGULATIONS FOR NON-RESIDENTIAL DISTRICTS BUSINESS LIGHT INDUSTRY OFFICE BUILDING OFFICE BUILDING B LI OB-1 OB-2 Minimum Lot Area None None 1.5 Acres 2.5 Acres Minimum Width at Front Setback Line None None 200 feet Minimum Front Yards None None 50 feet (See footnote"Y".) but no parking shall be permitted but no parking shall be permitted in front of any building in front of any building unless unless the building setback from the street is at least 75 feet. the building setback from the street line is at least 75 feet. Minimum Side Yards No side yard required, but, if provided, shall be at 50 feet each (See footnote "Y".) least 4 feet;except where a lot adjoins a Residence Sane planting requirement as for Business where a lot adjoins District there shall be a side yard of at least 10 feet, a Residence District or abuts a street the opposite side of which shall be permanently and suitably planted with which Is in a Residence District. evergreens to form a landscaped screen. (Also, see footnote "X".) Minimum Rear Yards No rear yard required, except where a lot adjoins a 50 feet (except that this may be reduced Residence District, in which case the rear yard shall to 25 feet next to a railroad.) be at least 25 feet, at least 10 feet of which shall be Also, see footnote "Y". permanently, suitably planted with evergreens to form Same planting requirement as for Business where a lot adjoins a landscaped screen, a Residence District or abuts a street the opposite side of which is In a Residence District. Maximum Building Coverage 25% 50% 15% Maximum Floor Area (as a percent of Lot Area) 50% 100% 35% Maximum Height In Stories 2 2 2-1/2 In Feet 30 30 35 Minimum Number of Off-Street Parking Spaces See Section 450 Minimum Off-Street Loading Space See Paragraph 458 Other Provisions 1. All permitted storage, except for the parking of 1. All permitted storage except for the parking of motor vehicles and Requirements motor vehicles, shall be entirely within a building. shall be entirely within a building. 2. All lighting shall be so located and shaded in a 2. All lighting shall be so located and shaded that the light manner that the light source itself is not visible source itself is not visible beyond the boundaries of the lot beyond the boundaries of the lot on which it is upon which it is located. located. 3. Parking areas shall be permanently and suitably screened with evergreen planting and shall be set back from all lot boundar- ies a distance sufficient to provide a space for such planting. 4. Access and service drives shall be laid out in such a manner that connection with the street or streets on which the lot has frontage are located and designed so as to avoid unsafe condi- tions or traffic congestion. Except where no other street ac- cess is available, no entrance or exit drive shall be allowed from any street, the opposite side of which abuts a residential district. 5. No building permit or certificate of occupancy shall be issued for any office building or accessory building or use except in accordance with a plan of development, architectural design and landscaping, exterior lighting or signs, approved by the Town Board following recommendations by the Planning Board and Board of Architectural Review as provided in Section 432.5 of this Ordinance. Note X.• A corner lot adjacent to a Residence District shall have a minimum setback of 5 feet from the street upon which said Residence District has frontage. Note Y. Wherever a front, side or rear yard abuts a non-residential district or abuts a street the opposite side of which is in a non-residential district, such yard may be reduced to not less than 15 feet. i a' RED FOR ►NNING BOARD BY CLARK ;ASSOC: CONSULTA ►RY it _-__ _J - 1 ► •.'\ / j , von ( . • ` —` , ___; %'. -30 - oIrYV/r INM, Pri+Mv'PgM.WsM,ef OTHER RESIDENCE DISTRICTS R —2F Two family R—A Attached residence R—GA Garden apartments R --TA Tower BUSINESS DISTRICTS B Business L I Light industry OB— I Office building OB -2 a • TOWN. OF MAMARONECK WESTCHESTER._COUNTY. N. Y. OFFICIAL MAP 0 t00' 400' 817AW i/ 1 t r• ;; TOWN. OF MAMARONECK WESTCHESTER._COUNTY. N. Y. OFFICIAL MAP 0 t00' 400' 817AW