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HomeMy WebLinkAbout1990_3_15_Local_Law_No_2 LOCAL TAW NO. 2 - 1990 TOM OF Wlgi ONECK This Local law is adopted pursuant to the Master Plan Update om missioned by the Tbwn of Mamaroneck in order to implement the zoning changes recommended by the Master Plan Update for the purposes of revising uses and districts within the Town of Mamaroneck in order to more fully protect the orderly development: of the Tti:wn. The Zoning Ordinance of the Town of Mamroneck shall be amended as follows: 1. Section 89-4 of the Zoning ordinance entitled "Districts Establi_stmieht" shall be amended by adding the following districts: service Business (SS) District Business-Mixed Use Business (B,'STB) District 2. Add Section 89-28.1 Service Business District (SB) A. Principal Uses: (1). Indoor recreation or amusement establishments (2) Business or professional offices. (3) Sale or hire of new or used motor vehicles but no used car lot except as accessory to a new car dealer. (4) Undertaking and funeral homes. (5) Newspaper printing and publishing. (6) Nursery use: for the sale of plants, trees, sh_rubbexy, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories, and gaxdero-,m incidental supplies (fruits, vegetables and food not permitted), t (7) Restaurants for the sale, service and consumption of food and drinks on the premises, and all food and drink m st be consumed in the principal hiLlding. This regulation does not permit the use of luny wagons, hat dog stands, dinem, dining cars, fast food operations, indoor counter service restaurants intended to cater to motor vehicle trade which serve in disposable containers and provide on premises or off-premises parkin;. No outdoor table service will be permitted. (8) Wholesale or storage businesses in enclosed buildings. (9) Municipal uses. (10) Public utility structures serving a local area. B. Special Uses: (1) Stores for sale of goods at retail or performance of customary personal services, or a service clearly incidental to retail sales, but no fabrication and/or manufacturinq excent incidental to and on the same premises with such retail sales. (2) Gasoline filling stations and garages including facilities for servicing and repair. (3) Motels or hotels. (4) Radio, television or other electronic transmission i structures. (5) Veterinary hospital, boarding and care of small pets. -2- (6) Contractors establishments. (7) Automatic car washing facilities as an adjunct to existing gasoline filling stations and/or public garages. 3. Add Section 89-41.1 Service Business (SB) A. Iot RegTlir nts: same as B except minimum lot width to be 100 feet. B. Minimum Yards - same as Business District C. Maximcm, Floor Area - same as Business District D. Maximum Height - same as Business District E. Minimum Number of Offstreet Parking Spaces - same as Business District. F. Minimum Offstreet Loading Space - same as Business District.. G. Other Provisions and Requirements - same as Business District, except, add: (3) Site Planning Standards. During its review of site Plans for development within the SB district , the Planning Board shall apply the following standards in addition to all those applicable standards set forth in the Site Plan Approval Law. (a) buildings shall be situated on the site in a manner that minimizes the visual .impact, in terms of scale and height on adjacent resident-Lai properties. (b) landscaping and/or fencirq shall be provided along the property lines of adjacent residential properties and along streets giving aaoess to residential neighborhoods so as to provide the most effective visual screening. The specific materials to be used shall be reviewed to determine the effect of such screening at all times of the year. (c) appropriate conditions and measures shall be provided for minimizing the discharge of oil, grease and other pollutants to the public storm drainage system, waterways and wetlands. 4. Add Section 89-23.2, Business-Mixed Use Business (B-MUB) District, as follows: A. The B-MB Zone shall be to permit a mixture of Business and residential zones in large parcels. B. (1) Special Drovisions for MiMP3 TTY+ rievalrx-mwnt shall nnly be permitted upon application to and approval by the Tbwn Board of a zoning.amendment in accordance with the procedures below as well as those set up in Section 89-8o in areas designated on the zoning map as B-MUB -3- (2) Submjssion In addition to any requirements for sub ission set forth in Section 89-80 or other applicable local laws, the application shall include the following: (a) A description of the proposed development plan including 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 sa=te 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 the Zoning Ordirvvv:ce to allow special provision for Mixed Use shall not act as a waiver of reau�tc of obtaining other approval for development required by any other 9Ywm law, Ordinance or Regulation including but not limited to Site Plan review. C. Princi 1 Uses Same as in Business (B) District D. ial uses (1) Same as in Business (B) District. (2) Mixed use developments, including the following uses, separately or in combination, subject to the standards set forth below in section E and approval of a Site Plan by the Planning Board: (a) Multifamily dwellings. (b) Business and professional offices. (c) Retail stores, personal- service establishments and restaurants. E. EiMial Provisions for Mixed Use Devel t Uses proposed under the provisions of Section D (2) above shall amply with the following standards: (1) Area and Bulk Reauiretnerrts (a) Minimum site area shall be 80,000 square feet. (b) Maximum height shall be five floors, excluding covered parking and service area, or (60) sixty feet. The height shall be calculated from the average street grade of the site at the curb of the fmnt. vArrd. (c) Maximum floor area ration (F.A.R.) shall be 1.0 ' (d) Yards shall be as follows: All setbacks shall be a minimum of ten (10) feet plus four (4) inches per one (1) foot of Wilding height. (2) Residential DensitV For each type of dwelling unit the following minimum gross site area per dwelling unit shall be 750 square feet -4- (3) Off-Street Parkirx7 Off-street parking shall be provided on the site in the :Following ratio: / Efficiency Units 1.0 spare per unit One Bedrocan Units 1.25 spaces per unit Two Bedroom Units 1.5 spaces per unit Three Bedrocan Units 2.0 spaces pre unit Retail/office 1.0 space for each 200 sgff are feet of gross floor area (4) Other EgZAnMgntS (a) No residential uses shall be permitted on the ground floor or on any floor below a nonresidential use, except one apartment for maintenance Personnel, and shall not sure an entrance with nonresidential uses. (b) Nonresidential uses shall not occupy more than 40% of the gross floor area of all structures on the site. (c) DeSiCM (sidelines The following guidelines shall be considered by the Planning Board in its review of Site Plans and shall only be varied upon a finding that the objectives of this section are better served by an alternate plan. (i) The total horizontal crosssect-ion of buildings over 30 feet in height should not exceed 15% of the total site area. Required fret yards should be landscaped and should not be paved except for necessary access drives. The location and materials of buildings over 30 feet in height should be reviewed to evaluate their effect on views and sight lines from adjacent residential districts and should not substantially obstruct or conflict with such view. (iv) Service areas and parking lots should be screened from adjacent residential districts by landscaping, walls or fences of height and design deemed necessary by the Planning Board to protect adjacent residences. 5. Amend Section 89-41. Business (B) District as follows: A. (2) vir m ^.. .,rat`: at fr~'::`.: =-thack li^�. 15o _f=-t. 6. Add Section 89-41.2 Business-Mixed Use Bush-less (B-MUB) District as follows: The following bulk requirements shall apply except as otherwise provided in Section 89-28.2 E.(1). A. Lot requirements: same as Business (B) District B. Yards, courts and open spaces: same as Business (B) District -5- C. Floor area: same as Business (B) District D. Maximum height: same as Business (B) District 7. Amend Section 89-28. Business (B) District A. Delete under Drincipal Uses: Sale or hire of new or used motor vehicles but no used car lot except as accessory to a new car dealer. B. Delete under Special Permits: (1) Gasoline filling stations and garages including facilities for servicing and repair. (7) .Autouatic car washing facilities as an adjunct to existing gasoline filling stations and/or public garages. 8. Amend Section 89-66. off street parking requirements to provide that for retail or service businesses the minimum requirement shall be one space for each 200 square feet of floor space. 9. Amend Section 89-1 to reflect the amendments to the Zoning Map of the T wn of Mamaroneck as are set forth in the annexed Zoning map. 10. Should any provision of this local law be found illegal or unconstitutional be a court of crnipetent jurisdiction such finding shall nat effect any other provision of this local law. 11. This local law shall take effect immediately. t