HomeMy WebLinkAbout2005_5_25_Local_Law_No_9 Local Law No. 9 —2005
This local law shall be known as the "2005 Amendment to the Business-Mixed Use Business
District" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
This law amends the requirements of the Business-Mixed Use Business Zoning district.
Section 2-Amendment to an existing section of the Code of the Town of Mamaroneck:
Section 240-25 of the Code of the Town of Mamaroneck hereby is repealed in its entirety and the
following substituted in its place:
§240-25. Business-Mixed Use Business District: B-MUB
A. Purpose. The purpose of the B-MUB Zone is to permit a mixture of business and residential
uses on large parcels.
B. Procedure.
(1) Special provisions for mixed use development shall be permitted only upon
application to and approval by the Town Board of a zoning amendment in
accordance with the procedures set forth below as well as those set forth in §240-92
in areas designated on the Zoning Map as B-MUB.
(2) Submission. In addition to any requirements for submission set forth in § 240-92 or
other applicable local laws, the application shall include the following:
(a) A description of the proposed development plan, including the type and floor
area of each use proposed, number of parking spaces, interrelationship of uses
and such other information as is necessary to provide a complete understanding
of the proposal.
(b) A preliminary site plan showing the location and height of all buildings, the
design and layout of parking areas and driveways, a general landscaping plan and
any other pertinent data.
(3) The approval of an amendment to this chapter to allow special provision for mixed
use shall not act as a waiver of the requirements of obtaining a special permit in
accordance with the procedures set forth in Subsection F.
C. Principal uses. The principal uses shall be the same as the principal uses in the Business (B)
District
D. The special permit uses shall be as follows:
(1) (Reserved)
(2) Radio, television and other electronic transmission structures and towers.
(3) Motels and hotels.
(4) Veterinary hospital, boarding and care of small pets.
(5) Undertaking and funeral homes.
(6) Newspaper printing and publishing.
(7) (Reserved)
(8) Nursery use for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery
supplies, fertilizers, soil conditioners, garden hand tools and accessories and gardener's masonry
and incidental supplies (fruits, vegetables and food not permitted). The land area shall be 60,000
square feet or more if used for nursery business purposes.
(9) Restaurants, as defined in this chapter.
(10) Mixed-use developments, including the following uses, separately or in
combination, subject to the standards set forth below in Subsection E:
(a) Multifamily dwellings.
(b) Business and professional offices.
(c) Retail stores and personal service establishments.
E. Special provisions for mixed-use development. Uses proposed under the provisions of
Subsection D(10) above shall comply with the following standards:
(1) Area and bulk requirements.
(a) Minimum site area shall be 80,000 square feet.
(b) Maximum height shall be six floors, excluding covered parking and service
area and lobby, up to a maximum height of 75 feet. The height shall be calculated
from the average street grade of the site at the curb of the front yard.
(c) Maximum floor area ratio (FAR) for nonresidential uses (excluding structured
parking) shall be 0.15.
(d) Yards: All setbacks shall be a minimum of 10 feet, except the minimum setback
from a public street, other than Madison Avenue, shall be 15 feet. The minimum setback
from Madison Avenue shall be 120 feet for commercial uses and 170 feet for residential
uses.
(e) Maximum building coverage shall be fifty five percent (5 5%).
(2) Residential density.
(a) The minimum gross site area per dwelling unit shall be 595 square feet.
(b) There shall be no more than one 3-bedroom dwelling unit for every 25 dwelling
units. If the quotient derived from dividing the number of dwelling units by 25 results in
a number that is not a whole number, the quotient shall be rounded down to the nearest
whole number and that whole number shall be the maximum number of 3-bedroom
dwelling units permitted.
(c) There shall be at least one workforce housing unit for every 17 dwelling units. If the
quotient derived from dividing the number of dwelling units by 17 results in a number
that is not a whole number, the quotient shall be rounded down to the nearest whole
number and that whole number shall be the minimum number of workforce housing units
required. "Workforce housing units" shall mean dwelling units occupied permanently by
individuals or families whose household income does not exceed 80 per cent of the
Westchester County Area Median Income as established from time to time by the United
States Department of Housing and Urban Development.
(3) Off-street parking. Off street parking shall be provided on the site in the following ratio:
Type of Use Minimum Requirements
Efficiency units 1.0 space per unit
1-bedroom units 1.25 spaces per unit
2-bedroom units 1.5 spaces per unit
3-bedroom units 2.0 spaces per unit
Retail/office 1.0 space for each 200 square feet of gross floor area
(4) Other requirements.
(a) No residential uses shall be permitted on the ground floor or on any floor
below a nonresidential use, except that there may be one apartment for maintenance
personnel, but that apartment shall not share an entrance with the nonresidential uses.
(b) Nonresidential uses shall not occupy more than 40% of the gross floor area of
all structures on the site.
(c) Design guidelines. The following guidelines shall be considered in reviewing
an application for a special permit and shall only be varied upon a finding that the
objectives of this section are better served by an alternate plan.
[1] The total horizontal cross section of any buildings over 30 feet in height shall
not exceed 40% of the total site area.
[2] Required front yards shall be landscaped and shall not be paved except for
necessary access drives and walkways.
[3] The location and materials of buildings over 30 feet in height shall be
reviewed to evaluate their effect on views and sight lines from adjacent residential
districts and shall not substantially obstruct or conflict with such view.
[4] Service areas and parking lots shall be screened from adjacent residential
districts by landscaping, walls or fences of a height and design deemed necessary to
protect adjacent residences.
[S] The mixed-use development shall undergo the review provided for in section
240-47 (E) of the Code, however, the referral to the Board of Architectural Review
mandated in sections 240-47 (E)(S) and (E)(6) shall be made by the Planning Board,
instead of the Town Board, and the Board of Architectural Review shall render its
advisory opinion in connection with the matters listed in sections 240-47 (E)(5) and
(6) to the Planning Board and not the Town Board.
F. Procedures for obtaining special permit.
(1)The Town Board shall issue special permits for mixed-use developments in the B-MUB
Zone. Articles IX and XIV of Chapter 240 of the Code shall not apply to an application for a
special permit made pursuant to this section of the Code.
(2) (a)A person or entity seeking a special permit shall submit the application for such
permit to the Town Board. That application shall be accompanied by all of the documents
required by section 177-10 of the Code for an application for site plan approval. The Town
Board shall refer the application for a special permit to the Planning Board for a written
advisory opinion thereon.
(b) The Town Board shall not issue such permit without first conducting a public hearing on
the application. Such public hearing shall not be held until the earlier of the Town Board's
receipt of the Planning Board's advisory opinion or the 60th day following the date that the
referral is received by the secretary of the Planning Board. An application for a special
permit shall not be considered as having been "received" by the Town Board within the
meaning of section 274-b 6. of the New York Town Law until the later of the date on which
all proceedings pursuant to article 8 of the New York Environmental Conservation Law have
been completed or the earliest date on which the Town Board may conduct a public hearing
with respect to the application for a special permit.
(3) Although the referral of the application for a special permit to the Planning Board for an
advisory opinion is not an application for site plan approval and shall not be construed as
such, the Planning Board shall treat the referral as if it were an application for site plan
approval and apply all of the provisions of Chapter 177 of the Code to the referral except that
the Planning Board shall have the discretion to decide whether or not to conduct a public
hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning
Board shall refer the application for the special permit to the Board of Architectural Review,
the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the
Director of Building Code Enforcement and Land Use Administration, the Fire Department,
the County Planning Department and the State Department of Transportation (if the property
for which a special permit is being sought has frontage along a state highway) and all other
local, state, county, regional and federal agencies that would have jurisdiction if the referral
from the Planning Board were made in connection with a site plan application. Each of the
bodies or persons to whom the Planning Board refers the application for a special permit
shall review that application as if it were reviewing an application for site plan approval.
(4) All written comments pertaining to the application for a special permit submitted to the
Planning Board or to any of the bodies or persons to whom the Planning Board shall have
referred such application shall accompany the Planning Board's advisory opinion to the
Town Board.
(5) If the Town Board grants a special permit, the person or entity to whom the special
permit shall have been issued may apply to the Director of Building Code Enforcement and
Land Use Administration for a building permit without having to obtain site plan approval
pursuant to Chapter 177 of the Code. The conditions contained in the special permit shall be
part of any building permit issued for a mixed-use development.
G. Criteria for deciding whether to grant a special permit pursuant to this section.
In determining whether to grant a special permit, the Town Board(a) shall apply the standards
contained in section 240-62 of the Code, (b) shall consider whether the person or entity applying
for such permit has offered to construct or fund improvements which would ameliorate parking
and traffic control in the Washington Square area of the Town and (c) shall attach such
conditions and safeguards to the special permit as are necessary to assure that all applicable
standards and requirements will continue to be met.
-a
Section 3 -Amendment of an existing section of the Code of the Town of
Mamaroneck:
The last sentence of section 240-56 A. of the Code of the Town of
Mamaroneck is repealed and the following substituted in its place:
No structure having a height of more than seventy (70) feet in an R-TA District, more
than seventy-five (75) feet in a B-MUB District, or more than fifty (50) feet in any
other district shall be erected unless approved by the Board of Appeals.
Section 4-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity
shall not affect any other provisions of this Local Law, which may be implemented
without the invalid or unconstitutional provisions.
Section 5 -Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2005 4-22 (LL Amend Zoning-BMUB)Draft-8