HomeMy WebLinkAbout2003_1_8_Local_Law_No_1 Local Law No. 1 -2003
This local law shall be known as the "Elimination of'McMansions' in the Town of Mamaroneck"
Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 - Purpose.
Recently there have been a number of situations where existing homes have been demolished
and new homes constructed to replace them. Though satisfying the criteria of the Town's
zoning ordinance, in many cases these new homes are disproportionately larger than the
homes they replace and of more significance, disproportionately larger than the other homes in
the neighborhood. Similarly, additions to existing homes often result in an expanded home
which is disproportionate to the other homes in the neighborhood even though the expanded
homes also satisfy all of the provisions of the Town's zoning ordinance. The Town Board is
aware that replacement homes that are much larger than their predecessors and their
neighbors --- dubbed "McMansions" --- have become a regional phenomenon. The Town
Board believes that "McMansions" are destroying the orderly appearance of the Town because
their excessive sizes appear out of character with their surroundings. This is especially true in
a town like Mamaroneck where most of the neighborhoods are almost fully developed. This law
is designed to counteract the problem created by "McMansions".
Section 2 -Amendment to an Existing Section of the Zoning Ordinance
Section 240-4 of the Code of the Town of Mamaroneck hereby is amended by deleting
the definition of FLOOR AREA RATIO and substituting the following definitions of FLOOR
AREA RATIO in its place:
FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS A ONE OR A TWO-FAMILY
DWELLING--------The ratio of (A) the aggregate floor area of all of the buildings on a lot to (B)
the area of the lot on which the buildings are located. Notwithstanding the preceding sentence
the following shall be excluded from the calculation of floor area: (1) the aggregate floor area
of any basement area regardless of its use, and (2) the aggregate floor area of the portion of a
floor lying under a roof where the distance between that portion of the floor and the ceiling
above it is five (5) feet or less.
FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS NOT A ONE OR A TWO
FAMILY DWELLING--------The ratio of (A) the aggregate floor area of all of the buildings on a
lot, exclusive of attic and basement areas used only for storage or services incidental to the
operation or maintenance of the buildings, to (B) the area of the lot on which the buildings are
located.
Section 3 - The Addition of a New Section to the Zoning Ordinance.
Article VIII of the Code of the Town of Mamaroneck hereby is amended by adding the following
section 240-59.1 thereto:
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"Section 240- 59.1. Maximum size of one or two family homes.
A. Definitions.
"Applicant" shall mean the owner of the Subject Property. The Applicant may authorize
another person to act in the Applicant's behalf.
"Average" shall mean the Total Square Footage of all of the buildings on all of the Comparison
Parcels divided by the number of Comparison Parcels.
A. "Comparison Parcel" shall mean any lot which (a) has a lot line that lies within 300 feet of
any of the lot lines of the Subject Property and abuts one of the streets that the Subject
Property abuts or (b) has a lot line which, in whole or in part, is the same as one of the lot lines
of the Subject Property or (c) touches the Subject Property at any point.
"Seasonal Porch" shall mean any structure that (a) exists on the effective date of this law, (b)
is attached to the dwelling on the Subject Property, (c) has a floor, a roof and structural
supports, and (d) does not have permanent heating or air conditioning equipment installed
therein.
"Subject Property" shall mean the lot for which a building permit is sought.
"Total Square Footage" shall mean the aggregate floor area of all of the buildings on a lot,
exclusive of the aggregate floor area of any basements regardless of their use.
B. Maximum Permitted Total Square Footage and Floor Area Ratio.
(1) The maximum permitted Total Square Footage of all of the buildings on a lot shall be the
greater of (a) the maximum Total Square Footage allowed for a lot when applying the
maximum floor area ratio for that lot plus any additional square footage to which the lot may be
entitled under paragraph B.(3) of this section or (b) the Average.
(2) The maximum floor area ratio for a lot shall be determined by the following chart:
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1 2 3 4
Number For a Lot The The Maximum Total Square Footage
Of Whose Size Maximum (stated in square feet) for a Lot
Row (stated in Floor Area whose Size is Shown in Column 2 of
square feet) Ratio Shall Be this Row is
Appears in a
Row Below
1 1,000 .55000 550.00
2 2,000 .55000 1100.00
3 3,000 .55000 1650.00
4 4,000 .55000 2200.00
5 5,000 .55000 2750.00
6 6,000 .55000 330.000
7 7,000 .52000 3640.00
8 8,000 .49000 3920.00
9 9,000 .46000 4140.00
10 10,000 .43000 4340.00
11 11,000 .41000 4510.00
12 12,000 .39000 4680.00
13 13,000 .36900 4797.00
14 14,000 .35000 4900.00
15 15,000 .33400 5110.00
16 16,000 .32000 5120.00
17 17,000 .31000 5270.00
18 18,000 .30000 5400.00
19 19,000 .29000 5510.00
20 20,000 .28100 5620.00
21 21,000 .27250 5722.50
22 22,000 .26500 5830.00
23 23,000 .25820 5938.60
24 24,000 .25200 6048.00
25 25,000 .24600 6150.00
26 26,000 .24070 6279.00
27 27,000 .23200 6264.00
28 28,000 .22760 6372.80
29 29,000 .22350 6481.50
30 30,000 .21960 6588.00
31 31,000 .21600 6696.00
32 32,000 .21250 6800.00
33 33,000 .21000 6930.00
34 34,000 .20750 7055.00
35 35,000 .20500 7175.00
36 36,000 .20375 7335.00
37 37,000 .20250 7492.50
38 38,000 .20125 7647.50
39 39,000 .20000 7800.00
40 40,000 .19875 7950.00
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1 2 3 4
Number For a Lot The The Maximum Total Square Footage
Of Whose Size Maximum (stated in square feet) for a Lot
Row (stated in Floor Area whose Size is Shown in Column 2 of
square feet) Ratio Shall Be this Row is
Appears in a
Row Below
41 41,000 .19815 8124.15
42 42,000 .19755 8297.10
43 43,000 .19695 8968.85
44 44,000 .19635 8639.40
45 45,000 .19575 8808.75
46 46,000 .19545 8990.70
47 47,000 .19485 9352.80
48 48,000 .19485 9352.80
49 49,000 .19455 9532.95
50 50,000 .19425 9712.50
(3) The maximum permitted Total Square Footage for a lot whose size lies between the lot
sizes shown in column 2 of any two adjacent rows on the chart contained in paragraph B.(2) of
this section shall be equal to (a) the maximum total square footage set forth in column 4 of that
chart for the lot referred to in column 2 of the lower numbered row plus (b) 10 square feet for
each 100 square feet (or part thereof) by which the lot exceeds the size of the lot referred to in
column 2 of the lower numbered row.
Example: The maximum permitted Total Square Footage for a lot that is 20,725 square feet in
size is determined as follows: The size of the lot lies between the sizes of lots referred to in
rows 20 and 21 on the chart. The maximum Total Square Footage for a lot that is 20, 000
square feet in size is 5,620.00 square feet. The lot in this example exceeds the square
footage of the lot in row 20 by 725.00 square feet. Accordingly, the lot is entitled to additional
square footage of 10 square feet x 8 = 80.00 square feet. Hence, the maximum permitted
Total Square Footage for a lot equal to 20,725 square feet in size is 5,620.00 + 80.00 =
5,700.00.
(4) The maximum permitted Total Square Footage for any lot whose size is greater than
50,000 square feet shall be 9,712.50 square feet plus 10 square feet for each 100 square feet
(or part thereof) by which the size of such lot exceeds 50,000 square feet. Under no
circumstances, however, shall the maximum permitted Total Square Footage for any lot
exceed 15,000 square feet.
C. The Average.
(1) If an Applicant wishes to obtain a building permit which will result in the Subject Property
having buildings whose aggregate Total Square Footage exceeds the maximum permitted
Total Square Footage allowed for the Subject Property, the Applicant can compute the
Average.
(2) To determine the Average, the Applicant shall identify all of the Comparison Parcels by
measuring the Comparison Distance from each of the lot lines of the Subject Property using
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the scale on the tax assessment map of the town; compute the Total Square Footage of all of
the buildings on each of the Comparison Parcels by using the records of the town's building
department (If the records of the town's building department do not contain sufficient
information to determine the Total Square Footage of all of the buildings on any Comparison
Parcel, the Applicant shall use the records of the town's assessor in order to make that
determination); add the Total Square Footage of all the buildings on all of the Comparison
Parcels and divide that sum by the number of Comparison Parcels.
(3) The Applicant's computation of the Average shall be given to the town's building
department. It shall be in writing and shall consist of (i) a list of all of the Comparison Parcels
identified by their street addresses and their tax block and lot designations on the town's tax
assessment map, (ii) the number of buildings on each Comparison Parcel, (iii) the Total
Square Footage of all of the buildings on each Comparison Parcel, (iv) the sum of the Total
Square Footage of all of the buildings on all of the Comparison Parcels and (v) the Average.
The Applicant's architect or engineer shall certify the accuracy of the computation of the
Average. If there is no architect or engineer, the accuracy of the computation of the Average
shall be verified under oath by the Applicant.
(4) If the Average is a figure that exceeds what the maximum permitted Total Square Footage
for all of the buildings on the Subject Property would be when applying paragraph B of this
section, the Applicant shall be entitled to a building permit for construction which, when
completed, will result in the Total Square Footage of all of the buildings on the Subject
Property being greater than what paragraph B. of this section would allow but not greater than
the Average.
(5) Nothing in this section shall relieve the Applicant from satisfying all of the other
requirements of this chapter and all of the requirements of every other law that must be
satisfied before the town's building department may issue a building permit.
D. Applicability of this Section
(1) This section shall apply only to a lot whose principal use is a one or a two family dwelling.
(2) (a) A lot shall not be in violation of this section if the Total Square Footage of all of the
buildings on that lot will be greater than the maximum permitted Total Square Footage allowed
for that lot because of construction done or to be done pursuant to a building permit issued
prior to the effective date of this law.
(b) Assuming that there is compliance with all other requirements for the issuance of a building
permit, a building permit shall be issued during the first ninety (90) days after this law goes into
effect for construction based upon building plans that shall have been filed with the building
department before the effective date of this law even though (i) no building permit shall have
been issued before the effective date of this law and (ii) upon completion of such construction,
the Total Square Footage of all of the buildings on that lot will be greater than the maximum
permitted Total Square Footage allowed for that lot. Starting on the ninety-first (91 st) day after
the effective date of this law, building plans filed with the building department prior to the
effective date of this law shall no longer be exempt from the application of this law.
(3) This section shall not apply to any lot (a) for which an application for a variance shall
have been filed prior to the effective date of this law; provided that such application either shall
have appeared on the agenda of a meeting of the Board of Appeals held prior to the effective
date of this law or is scheduled to appear on the agenda for the first meeting of the Board of
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Appeals after the effective date of this law or (b) for which an application for an approval
and/or a permit from the Planning Board shall have been filed prior to the effective date of this
law; provided such application either shall have appeared on the agenda of a meeting of the
Planning Board held prior to the effective date of this law or is scheduled to appear on the
agenda for the first meeting of the Planning Board after the effective date of this law.
(4) This section shall apply to any lot for which an interpretation of the zoning ordinance is
being requested from the Board of Appeals.
(5) An attic which exists on the effective date of this law and is not legally permitted to be used
as habitable space (as that term is defined in the New York State Building Code in effect on
January 1, 2003) can be converted to habitable space even though upon completion of the
conversion, the maximum permitted Total Square Footage for all of the buildings on the
Subject Property will exceed the maximum permitted Total Square Footage allowed for that lot
so long as after the conversion, the exterior walls of the building in which such attic is located
remain in the same position and the sum of the horizontal length of all of the alterations in the
roof line on a side of the building is no longer than one-fourth (1/4) of the horizontal length of
the wall beneath such roof on that side of the building.
(6) A Seasonal Porch may be permanently enclosed even though upon completion of that
work, the maximum Total Square Footage for all of the buildings on the Subject Property will
exceed the maximum permitted Total Square Footage allowed for that lot so long as neither
the exterior of the Seasonal Porch nor the exterior walls of the dwelling to which the Seasonal
Porch is attached are relocated closer to the lot lines of the Subject Property after the
permanent enclosure is completed.
Section 4 -Amendment to an Existing Section of the Zoning Ordinance.
Section 240-33 of the Code of the Town of Mamaroneck hereby is amended by adding the
following paragraph thereto:
G. Maximum size. See section 240-59.1.
Section 5 -Amendment to an Existing Section of the Zoning Ordinance.
Section 240-34 of the Code of the Town of Mamaroneck hereby is amended by adding
the following paragraph thereto:
G. Maximum size. See section 240-59.1.
Section 6 -Amendment to an Existing Section of the Zoning Ordinance.
Section 240-35 of the Code of the Town of Mamaroneck hereby is amended by
adding the following paragraph thereto:
G. Maximum size. See section 240-59.1.
Section 7 -Amendment to an Existing Section of the Zoning Ordinance.
Section 240-36 of the Code of the Town of Mamaroneck hereby is amended by adding the
following paragraph thereto:
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G. Maximum size. See section 240-59.1.
Section 8 -Amendment to an Existinq Section of the Zoninq Ordinance.
Section 240-37 of the Code of the Town of Mamaroneck hereby is amended by
adding the following paragraph thereto:
G. Maximum size. See section 240-59.1.
Section 9 -Amendment to an Existing Section of the Zoning Ordinance.
Section 240-38 of the Code of the Town of Mamaroneck hereby is amended by adding
the following paragraph thereto:
G. Maximum size. See section 240-59.1.
Section 10 -Amendment to an Existing Section of the Zoning Ordinance.
Section 240-39 of the Code of the Town of Mamaroneck hereby is amended by adding the
following paragraph thereto:
G. Maximum size. See section 240-59.1.
Section 11 - Severability:
Should any court of competent jurisdiction declare any provision of this Local Law invalid or
unconstitutional, 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 12 - Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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