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/
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TOWN. OF MAMARONECK
WESTCHESTER._COUNTY. N. Y.
OFFICIAL MAP
0 t00' 400' 817AW