HomeMy WebLinkAboutZoning Ordinance of the Town of Mamaorneck 6/21/1922ZONING ORDINANCE
of the
UNINCORPORATED PART OF THE
TOWN OF MAMARONECK
WESTCHESTER COUNTY
NEW YORK.
AN ORDINANCE ADOPTED BY THE TOWN BOARD OF THE TOWN
OF IMAMARONECK, NEW YORK, AT A MEETING HELD ON JUNE
213T, 1922, BY VIRTUE OF THE POKER VESTED IN SAID
TOWN BOARb UNDER T. PROVISIONS OF CHAPTER 322 OF
THE LAWS 0P 1922, TO ESTABLISH BUILDING LINES ON
ANY PROPERTY FRONTING OR ADJOINING ANY PUBLIC STREETS
AND REQUIRE ALL BUILDINGS HEREAFTER ERECTED TO HE WITHIN
SUCH LINES, TO REGULATE AND RESTRICT THE LOCATION OF
TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS
FOR SPECIAL USES, TO REGULATE AND LIMIT THE HEIGHT
AND BULK OF BUILDINGA HEREAFTER ERECTED, TO REGULATE
AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, AND TO ESTABLISH THE
BOUNDARIES OF DISTRICTS FOR THE SAID PURPOSES AND TO
PROVIDE PENALTIES FOR THE VIOIATION OF ITS PROVISIONS.
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ARTICLE 1.
Definitions.
SECTION 1. DEFINITIONS. Certain words in this ordinance are defined
for the purposes thereof as follows:
(a) .Words used in the present tense include the future; the singular
number includes the plural and the plural the singular; the word "lot" in-
cludes the word "plot" ; the word "building" includes the word "struoturc
(b) A "structure" shall mean any building, sign, wall, fence, stand
or other form of construction, whether assembled or constructed within or witfl-
out the limits of this district, to be built, erected or planed.above or belt
ground within the district.
(c) A "non -conforming building or use" is one that does not conform
with the regulations of the used district in which it is situated.
(d) A "lot" is a parcel of land occupied or to be occupied by one
building and the accessory buildings or uses customarily incident to it in -
eluding suoh open spaces as are required by this ordinance.
(e) A "corner lot" is a parcel of land not over fifty feet in width
at the junction of and fronting on two intersecting streets.
(f) An 'interior lot" is a let other than a corner lot.
(g) The "depth of a lot" is the mean distance from the street line
of the lot to its rear line measured in the general direction of the side
lines of the lot.
(h) The "street line" is the dividing line between the street and
the lot.
(i) A "rear yard" is the open unoccupied space, on the same lot
with a building, between the rear line of the building and the rear line
of the lot.
(3) A "side yard" is an open unoccupied space, on the same lot wf
a building,situated between the building and the side line of the lot and
tending through from the street to the rear yard, or where no rear yard 't
required, to the rear line of the lot.
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(k) An "enclosed court" is an open unoccupied space on
the same lot with a building, not extending to either the street
or the rear yard.
(1) An "open court" is an open unoccupied spaoe on the
same lot with a building, extending to either the street or the
rear yard.
(m) The "building area" is the maximum horizontal pro-
jected area of a building and its accessories.
(n) The least dimension" of a court or yard is the
least of the horizontal dimensions of such court or yard.
(o) The "length of an open court" is the horizontal dis-
tanoe between the end opening on a street or rear yard and the end
opposite such street or rear yard.
(p) The *height of a court or yard" is the vertical dis-
tance between the lowest level of such court or yard to the highest
point of any bounding wall. Where there is no gable, mansard or
dormer, the height shall be measured to the eaves; where there is a
gable, the height shall be measured to the peak of the gable and where
there is a mansard or dormer the height shall be measured to the eaves,
gable, mansard or dormer. In any given case the height of a court or
yard shall be measured to the eaves, gable, mansard or dormer giving it
the maximum height.
(q) The "height of a building' is the vertical distance
measured, in the case of flat roofs, from the curb level to the
highest point of the roof beams adjacent to the street wall,
and in the ease of pitched roof, from the curb level to the
average height of gable, provided, however, that a coping,
firewall, parapet or cornice, above the roof beams, shall not
exceed 5 feet in height. In the case of both flat roofs and
pitched pots, the measurement shall be made through the centre of
the street facade. Where no roof beams exist or there are structures
wholly or partly above the roof, the height shall be measured from
the curb level to the highest point of the building. Where the walls
of a building do not adjoin the street the average level of the
ground adjoining the walls of the building may be taken in measuring
its height instead of the curb level. Where no curb exists the height
of a building shall be measured by the centre of the road bed, the
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grade of which shall be established or approved by the
Town Board.
(r) A °family"' is any number of individuals living
and cooking together on the premises as a single housekeeping
unit.
ARTICLE II.
Use Districts.
SECTION 2. CLASSES OF USE DISTRICTS. For the purpose
of regulating and restricting the. location of trades and
industries and the location of buildings designed for
specified uses the unincorporated part of the Town of
Mamaroneck is hereby divided into six classes of dis-
tricts; first A -- Residence Districts, second A2 --
Residence Districts, third B -- Residence Districts,
fourth C -- Business Districts, fifth D -- Commercial
Districts, sixth E -- Industrial Districts, as shown on
the map which accompanies this Ordinance and which is hereby
declared to be and is made a part thereof. The Use Districts
designated on said map are hereby established.. The District
Map designations which accompany said Use District Map are
hereby declared to be a past Thereof. No building or pre-
mises shall be erected, altered or used for any purpose
other than a purpose permitted in the Use District in
which said building or premises is located, except as
herein provided.
SECTION 3. RESIDENCE DISTRICTS - Classes A, A2 and B. In
a residence distriot, no building or premises shallbe used and
no building shall be erected, which is arranged, intended or de -
.signed to be used, except for one or more of the following uses:
1. Dwellings or tenements, including the office of a
physician, surgeon or dentist, when situated in the
same dwelling or tenement used by such person as his
p rivite dwelling.
2. Boarding Houses.
3. Churches.
4. Clubs, excepting clubs the chief activity of which
is a service customarily carried on as a business.
5, Farming, truck gardening, nurseries and greenhouses.
6. -Railroad passenger stations.
Schools, libraries or public museums.
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8. Accessory uses customarily incident to the
above uses, the term "accessory use", however
not including a business or any building or
use not located on the same lot with the build-
ing or use to which it is accessory. A garage
or stable shall be permitted as per Section 9
of this Ordinance.
9. In the district designated "A" on the map men-
tioned in this Ordinance, no building or premises
shall be i*eid and no building shall be erected
which is arranged, intended or designed to be used
as a 2-family house, tenement or hotel.
10. In the districts designated °A2'" on the map men-
tioned in this Ordinance, no building or premises
shall be used and no building shall be erected
which is arranged, intended or designed to be used
as a house for more than two families or as a
tenement house or hotel.
SECTION 4. BUSINESS DISTRICTS - Class C, In a
business district, no building or premises shall be used
and no building shall be erected which is arranged, intended
or designed to be used for any of the following specified
trades, industries or uses:
1. Bag cleaning establishment.
2, Blacksmith shop or horseshoeing establishment.
3. Bottling or distributing stations.
4. Car barns.
5. Carousel, roller -coasters, whirligigs, merry-go-rounds,
Perris wheels or similar amusement devices.
6. Dry cleaning establishment or laundry employing more
than 4 persons.
7. Livery or boarding stables, except as permitted by
Section 9 hereof.
6. Ice plant.
9. Stone yards.
10. Storage or baling of scrap paper, rags or junk.
11. Any kind of manufacturing other than the manufacture
of products sold at retail on the premises to the
ultimate consumer.
12. Any trade, industry or use prohibited by Section 5
in a Commercial district or by Section 6 in an in-
dustrial district.
No use permitted in a residential district by Section 3
shall be excluded from a business district.
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SECTION 5. COMMERCIAL DISTRICTS -- Cl:ss D. In a
commercial district no building or premixes shall be used
and no building shall be erected which is arranged, intended
or designed to be used for any trade or use except for one
or more of the following uses:
1. Carting, express, hauling or storage.
2. Coal, coke, lumber, building material or wood yard.
3. Public garages.
No use permitted in a residential or business district
shall be excluded for a commercial district.
SECTION 6. INDUSTRIAL DISTRICTS -- Class E. In an
industrial district, no building or premises shall be used
and no building shall be erected, which is arranged, intend-
ed or designed to be used for any of the following specified
trades, industries or uses:
1. Ammonia, chlorine, or bleaching powder manufacture.
2. Asphalt manufacture or refining-
3. Assaying, other than gold or silver.
14. Boiler works.
5. Brick, tile or terra cotta manufacture.
6. Cemetery.
7. Crematory.
8. Creosote treatment or manufacture.
9. Distillation of coal, wood or bones.
10. Fat rendering.
11. Fertilizer manufacture.
12. Garbage, reduction of, or offal, dead animals or re-
fuse except when used for municipal purposes.
I. Glue, size or gelatine manufacture.
Iron, steel, brass or copper foundry or works.
15. Lamp black manufacture.
16. Lime, cement or plaster of paris manufacture.
17. Oil cloth or linoleum manufacture.
18. Paint, oil, varnish or turpentine manufacture.
19. Petroleum refining.
20. Printing irlc manufacture,
21. Pyroxol.ine p3astic manufacture or manufacture of
articles therefrom.
22. Raw hides or skins -- storage, curing or tanning.
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in
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23. Rubber manufacture from 'rude mr.tei ia1.
21.4. slaughtering of animals.
25. Smelting of iron.
24= Soap Hams ak;ii.ure.
27. Starch, glucose or dextrine manufacture.
28. Stock yards.
29. Stone crushing,
30. Storage or manufacture of explosives.
31. Sulphurous, sulphuric, nitric or hydrochloric
acid manufacture.
32. Tallow, grease or lard manufacture.
33. Tar distillation.
34. Tar roofing or waterproofing manufacture.
35. Any other trade industry or use, which in the opin-
ion of the Board of Appeals;. is nox?cus or offensive
by reason of odor, dust, smoke, gas, noice, vibration
or other cause.
No use permitted in a residence district by Section 3 or
a business district by Section l.4 or in a Commercial District
Section 5 shall be excluded from an industrial district.
SECTION 7. UNCLASSIFIED DISTRICTS. In the districts
designated *Unclassified' on the map mentioned in this
Ordinance, no building or premises shall be used and no building
shall be erected which is arranged, intended or designed to be
used for any purpose other than that permitted in Residence Diu--
tricts designated *Al, without the joint consent of the Board cf
Appeals and the Town Board, and all conditions and restrictions
applioable to Residence Districts designated !A" shall be deenad
to rpply to said districts designa+ed ''Unclassified', untesc
such conditions and restrictions are ;codified or otherwise releas,id
by the joint consent of the Board of Appeals and the Town Board.
SECTION 8. NON-CONFO:MING BUILDINGS AND USES. Any non --
forming use, existing at the lime of the passage of this'0rdinario—.
may be continued and any existing building designed, arranged, :.n
tended for or devoted to a non• -conforming use, may be r:..;onitructe,3
or structura_ly altered, and the non -conforming use therein ch*r.g,' ,
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subject to the following regulat.ons:
1. The structural alteration made in sc,ch a building
shall in no case exceed twenty-fva per cant of its
assessed value nor shall the building be enlarged,
unless the us3 therein is changed to a conforming
use.
2. No non -conforming use shall be extended at the ex-
p ense of a conforming use.
3. In a residence district no building or premises de-
voted to a use permitted in a business district shall
be changed into a use exoludad from a business district.
11.. In a residence or business distr ct no building or
premises devoted to a use permitted in a commercial dis-
trict shall be changed into a vsc excluded from a commer-
cial district,
5. In a residence, business or commercial district no build-
ing or premises devoted to a use permitted in an industrial
district shall be changed into a use excluded from an in-
dustrial district.
6. In a residence, business, commercial or industrial dis-
trict, no building devoted to a use excluded from an in-
dustrial district, shall be structurally altered, if its
use shall have been changed sino3 the time of the passage
of this Ordinance to another use, also excluded from an
industrial district. A change of use, for the purpose of
this subdivision; shall be deemed to include any change
from a t.se included in an enumerated subdivision of
Section 6, to a use included in another enumerated sub-
division of Section 6.
7. In a residence, business! commercial or industrial dis-
trict, no building devoted to a use excluded from an indus-
trial district, shall have its use changed to another use
which is also excluded from an industrial district, if the
building shall have been structurally altered since the time
of the passage of this Ordinance. A change of use, for the
purpose of this subdivision, shall be deemed to include any
change from a use included in an enumerated subdivision of
Section 6, to a use included in another enumerated subdivi-
sion of Section 6.
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SECTION 9, GARAGES AND STABLES. A private garage
for one or more automobiles owned and used exclusively by
an individual resident of the unincorporated part of the
Town of Mamaroneck for his private use, shall be permitted
in residential districts if erected at least 75 feet from
the front property line, unless said garage is made part of
the main dwelling or in case of severe topographical condi-
tions, or where a lot is less than 100 feet in depths the
distance may be less than 75 feet upon the joint consent
of the Board of Appeals and the Town Board. On corner lots
a garage shall also be set back at least 30 feet froma side
street unless upon joint consent of the Board of Appeals and
the Town Board a less set -back restriction be permitted.
A commercial garage or station is the place of storage of
one or more business automobiles or commercial trucks or other
self-propelling vehicles, owned and used by not more than one
person or firm, cr corporation, and shall be permitted in busi-
ness districts.
A public automobile garage or station is any place used
for storage of one or more automobiles or parts of automobiles
or other self-propelling vehicle, not including motorcycles,
or aececsorieo, whether such storage be for manufacture, re-
pair, ethibition, demonstration, sale, rental, hire, painting,
adjustment, equipment and shall be permitted in industrial
districts, and may be permitted in business districts, only
after the prv000d locatior, of same has first been approved
by the Board of Appeals.
Under no circumstances shall a permit be issued for the
erection or enlargements of a garage for more than five motor
vehicles, a group of garages for more than five motor vehicles,
or for a motor vehicle service station or for the conversion of
any premises, net co used, to be used for such purposes in any
zone whether it be a business zone or an industrial zone, if
any part of the lot or plot in question is situated within
a radius of two hundred feet of, or within any portion of a
street between two intersecting streets in which portion there
exists:
1. A church, or
2. A hospital maintained as a charitable institution, or
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3. A public library, or
4. A duly organized school, other than a public acbcoi_
conducted for children under sixteen years of age ana
giving regular instruction, at least five days a week:.
for eight or more months a year, or
5. A public school, or
6. A theatre containing at least 300 seats.
exceptions to the provisions of this section shall be made
Board of Appeal*, except upon consent of the Town Board.
A private stable for one or more horses owned and used exclu-
sively by an individual resident of the unincorporated part of
the Town of Mamaroneck for his private use, shall be permitted
in residential districts, if erected at least seventy-five feet
from the front property line. Upon corner lots, said stable
shall be set back at least twenty-five feet from a side street,
unless upon special consent of the Board of Appeals, a lesser
distance be permitted.
A commercial stable is the place to care for and maintain
one or more horses or mules, owned and used by not more than one
person or firm, or corporation, together with the trucks, vehicles
(except self-propelled) and equipment, used in the business or 'or
the private use of such person, firm, or corporation, and shall be
permitted in business districts.
A public or livery stable is any place used to care for and
maintain horses or mules, and their harness, trucks and vehicles
(except self-propelled) and shall be permitted in industrial dis-
tricts, and may be permitted in business districts only after the
proposed location of same has first been approved by the Board of
Appeals.
SECTION 10.
and detormining
may be occupied
corporated part
area districts,
ARTICLE III.
AREA DISTRICTS.
AREA DISTRICTS. For the purpose of regulating
the area of yards, courts and percentage of lot which
by buildings hereafter erected or enlarged, the unin
of the Town of !maroneck is hereby divided into six
namely, A, A2, B, C, D and E, as shown on the
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: a
area district map, which together with the designations show,i
thereon, is hereby declared to be and is hereby made a part of!
this Ordinance and the srea distriots designated on 'aie map ".re
hereby established. Except, as hereinafter provided, no bui1di.n5
shall be erected, nor shall an existing building be structurally
altered, enlarged or rebuilt, except in conformity with these
regulations. No lot area shall be so reduced or di in±shed in
area that the yards, courts or open spaces shall be sme.ler, nor
the number of families occupying a given area be greater, than
prescribed by these regulations. Except as otherwise provided
in this article, every room in which persons )ive, sleep, work
or congrerto. Ohall have at least one window or ventilatint
skylight, opening directly either upon the street or upon E.
rear yard, side yard, outer or inner court located on the same
lot and conforming to the requirements prescribed by this O°.'di.--
nance as to its minimum area and least dimensions.
SECTION 11. AREA DISTRICTS -- Classes A and A2.
In
these area districts the set -back and minimum dimensions of
yards and courts and the maximum percentage of lot occupancy
shall be as follows: -�--
CET-•BAC?: No part of any building shay_' be built with-
in 30 feet cf any street ee -that on corner 10::s
such buildings mat► be set back a less distance from the side
street, open the joint consent of the Board of Appeals and the
Town Board.
REAR YAP.Db : There shall be a rear yard having a depth ci
not less than fi{ti:eol. per cent of depth of the let. This yard
need not exceed twenty-five feet in depth, provided it has a
depth of not less than five inches for each foot of building
height.
SIDE YARDS: Two side yards shall be provided at the
curb level try lot. The least dimensions of each yard
shall be ix feet.
OPEN An open court shall be not less than five
feet wide. nor less than two and one-half inches wide for each
foot of hef.ghi of suf-h court, nor less than two and one-half
!steles wide :!or Era sh. _'oc.t cf length of such court from the
zlo- <id end,
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ENCLOSED COURTS: An enclosed court shall be not less
than six feet wide, nor less than three inches wide for each
foot of height of such court, nor shall. 't area be less than
twice the square of itg required least dimension.
PERCENTAGE OF LOT OCCUPANCY: No ':,sildirg with its acces-
sory building, shall occupy in excess of forty per cent of the
area of an interior lot, nor in excess of fifty per cent of a
corner lot.
SECTION 12. AREA DISTRICTS -- Class B. In these dis-
tricts the set -back and minimum dimensions of yards and courts
and the maximum percentage of lot occupancy shall be as fol-
lows
SET -SACK: No part of any building shall be built with-
in 15 feet of any street line and on corner lots such build-
ing shall also be set back at least 10 feet from the side
street.
REAR YARDS: On corner lots there shall be a rear yard
having a depth of not less than five per cent of the depth
of the lot, which yard need not exceed ten feet in depth,
provided it has a depth of not Less than three inches for
each foot of building height. On interior lots there shall
be a rear yard having a depth of not less than ten per cent
of the depth of the lot, which yard need not exceed fifteen
feet in depth, provided it has a depth of not less than three
inches for each foot of building height.
SIDE YARDS: There shall be two side yards, each not less
than five feet wide, nor less than one and one-half inches for
each foot of building height, nor less than one inch for eaoh
foot of building length.
OPEN COURTS: An open court shall be not less than five
feet wide, nor less than two inches wide for each foot of height
of such court, nor less than two inches wide for each foot of
length of such court from the closed end.
ENCLOSED COURTS: An enclosed court shall be not less than
six feet wide, nor less than two inches wide for each foot of
height of such court, nor shall its area be less than twice the
i
*Mire of its required least dimension. For a building
ubed for dwelling purposes,s1 enclosed court shall be not
less than two and one-half inches wide for each foot of
6ight of such court.
PERCENTAGE OF LOT OCCUPANCY: No building, with its
accessory building,shall
occupy in excess of seventy-five
per cent off
an interior lot, nor in excess of
c
ninety per cent of the area of a corner lot.
SECTION 13. AREA DISTRICTS -- Classes C, D, and E.
In these districts, the minimum dimensions of yards and courts
and the maximum percentage of lot occupancy shall be as follows:
REAR YARDS: On interior lots there shall be a rear yard
above the horizontal plane, twenty feet above the ourb level,
having a depth of not less than ten per cent of the depth of
the lot, which yard need not exceed fifteen feet in depth, pro-
vided it has a depth of not less than two inches for each foot
of building height.
SIDE YARDS: A side yard, if any, shall be not less than
five feet wide, nor less than one inch wide for each foot of
building length.
OPEN COURTS: An open court shall be not less than five
feet wide, not less than one and one-half inches wide for
each footh of height
r each foot ofof such , not less length of such court from n one and one-
half inches w
the closed end.
ENCLOSED COURTS: An enclosed court shall be not less
than six feet wide, nor less than two and one-half inches
wide for each foot of height of such court, nor shall its
area be less than twice the square of its required least
dimensions.
PERCENTAGE OF LOT OCCUPANCY: No building, with its
accessory buildings, shall occupy in excess of ninety per
cent of an interior lot. This limit shall apply abovehe the
horizontal plane, twenty feet above the curb l vided all
l.
exit zr area of corner lots y be occupied, p
regulations relative to light and ventilation are complied
with.
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Any building or part of a building,used as a dwelling
tenement or apartment, hereafter erected or structurally
altered in the "e, 6D4, or °E° area districts, shall
conform to the regulations of the "B' area district.
SECTION 14. AREA DISTRICT EXCEPTIONS: The foregoing
requirements of the area districts, shall be subject to the
following exceptions and regulations:
1. In computing the percentage of lot occupancy for any
building on a lot which has an alley on one or more
aides, one-half of the area of such alley or alleys,
immediately adjacent to such lot, may be assumed to
be a portion of such lot.
2. A building upon an interior lot running through the
block from street to street, may not require a rear
yard when complying with the percentage of lot occu-
pancy requirements; provided, however, that when such
a building is located between lots requiring rear yards,
on either or both sides, such building, on a through
lot, shall provide a court on the side or sides on which
the adjoining lots are required to provide a rear yard.
3. In 0Cmputing the depth of a rear yard or the width
of a side yard or open court, for any building where
such yard or court opens upon an alley or street, one-
half of such alley or street abutting on said lot, may
be assumed to be a portion of the yard or court.
4. Every part of a required court shall be open from its
lowest point to the sky, unobstructed, except for the
ordinary projections of skylights above the bottom of
such court, and except for the projections of sills,
belt courses, cornices, and ornamental features not to
exoeed four inches; provided, that open or lattice en-
closed fire escapes, fire proof outside stairways and
solid floor balconies opening upon fire towers, project-
ing into a yard not more than five feet or into a court
not more than three and one-half feet, and the ordinary
projections or chimneys and flues, may be permitted, by
the inspector of buildings where so placed as not to cb-
struct the light and ventilation.
5. Shafts for bath rooms, toilets, hallways or stairways,
may be of smaller dimensions than specified herein for
courts, in which case they will not be considered as
open spaces in computing the percentage of lot occupancy-
lE
6. 0n lots having only an alley frontage and for a
depth of not exceeding twenty-five feet, and on lots
which form all or part of a space entire".y surrounded
by alleys, the area requirements of these regulations
shall not apply.
7. In all '`B° Residence Districts reclassified as such
by an Ordinance adopted by the Town Board of Mamaroneck
on the 9th day of December, 1925, a set --back of only
five feet from the street line shall be permitted ex-
cept upon such streets as are 50 feet or less in
width, upon which streets a set -back of 10 feet
shall be required.
SECTION 15. NUMBER OF FAMILIES HOUSED PER ACRE. In *•ha
A and A2 districts, no dwelling shall hereafter be erected or
altered to accommodate or make provision for more than ten
families on an acre of land._ nor -more than a proportional
number of families on a proportional acre of land, The
maximum number of families which may hereafter be housed on
any plot of ground shall not exceed the integral numler ob-
tained by multiplying the acreage of such plot, emciusi_e of
the area within the street line, by ten. The i`_t'� tioiis . m-
posed by this section shall, however, not prohibit the erection_
of a one family house on any plot which is an owner ' s entire con-
tiguous holding, containing, at the time of t:.e pasaagJ of this
0rdinance, an araa of less than one -tenth of an acre,
In the B, C, D and E districts, no dwelling or tenement
house shall hereafter be erected or altered to accommodate ar
make provisions for more than eighty families on any acre of
land, nor more than a proportional number of families on a
fractional part of any Acre of land, The maximum number of
families which may hereafter be housed on any plot of ground
shall not exceed the integral number otstained by multiplying
the acreage of such plot, exclusive of the area within the
street line; by eigh::y.
ARTICLE IV.
Height Districts.
SECTION 16. HEIGHT DISTRICTS REGULf.TIONS. For the pur-
pose of regulating and limiting the height of buildings, the
unincorporated part of the Town of Mamaroneck is hereby divided
into height districts of which there shall be six known as
follows:
A and A2. The forty foot height districts.
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B The fifty-five foot height district.
C, D, and E. The seventy foot height districts.
The unincorporated part of the Town of Mamaroneok is
hereby divided into the six distriots aforesaid, and the boun-
daries of such distriots are shown upon the map attached here-
to and made a part of this Ordinance, except, as specifically
provided, no building shall be altered, constructed or raise(,
so as to exceed the height hereby established for the district
wherein such building is located, and s aid map and all the
notatioLs, references and other items shown therein, shall be,
as such, a part of this Ordinance as though the mutters and
items set forth by said map were all fully described herein.
The height of such buildings is the vertical distance from the
level of the curb opposite the middle of the front of the build-
ing to the top of the enclosure wall or to the highest point of
the roof, provided in case of a building located on a terrace,
the height of the curb level may be increased by the amount equal
to the height of the terrace above the same curb level, but not
to exceed five feet, and provided further that where the level
of the land, according to the Town survey is above the level of
the curb, the vertical height of such building shall be measured
from the first floor door sill. Where no curb exists the height
of a building shall be measured by the centre of the roadbe, the
grade of which shall be established or approved by the Town Boerd.
The forty foot height districts are outlined on said map f.n
clear space, and shall be known as height districts A and AL.,
The fifty-five foot height districts are outlined on said
map in lines or symbols, and shall be known as height districts B,
The seventy foot height districts are outlined on said map
in lines or symbols and shall be known as height districts C, D
and E.
SECT.TON 17. FORTY FOOT HRIGAT DISTRICTS, -- A and A2. Ir. the
forty foot height districts n, building shall be erected or alt.r
to exceed forty feet or three stories and basement in height ex.rept
as here'.na-fter provided.
18
SECTION 18. FIFTY-FIVE FOOT HEIGHT DISTRICTS -- le. In
th-fifty-fire foot height district, no building Shall be erect-
ed or altered to exceed fifty-five feet or four c torLes and ba:.a•-
ment in height except as hereinafter provided.
( SECTION 19. SEVENTY FOOT HEIGHT DISTRICTS -- 'Cn, 'RID and uE" .
fn the seventy foot height districts no building shall be 'racted
or altered to exceed seventy feet or five and one-half stories
and basement, in height, except as hereinafter provided.
SECTION 20. HEIGHT DISTRICT EXCEPTIONS. The foregoing re-
quirements in the height districts shall be subject to the follow-
ing exceptions and regulations:
First: In height districts, tA" and "R', public buildings
hospitals or school may be erected to a height net
exceeding fifty-five feet, provided such structure
shall have set -back, side yards and rear yards, com-•
plying with the area regulations of this ordinance.,
Second: One family dwellings in height districts .410 may
be increased in height by not more than seven fern
when two side yards of not less than fifteen f'ec
each are provided, or by not more than ]i feet wren
no part of said building is built within. 50 feet cf
any boundary line.
Thire'„: Public buildings, hospitals, churches, cathedra?s,
temples and other places of public warship hereL''ter
erected which have yards on all sides, and comply v. !;>•.
the area districts, may be erected as to the heiggh
aegulation in accordance with the provisions of this
ordinance. In height districts "A", churches, eagle
drais, temples and other places of public worship r.v
be erected as to height, in accordance with existing
�l hereafter adopted ordinance of the Town of lianaron.ec.
provided, however, that any such structure shall s::#-
from the street line not less than 50 feet, and shall
hale a yard on each side of not less than 20 feet
width and shall comply in all other respects with the
area restrictions of this ordinance.
19
Fourth: Nothing in these regulations shall prevent the
projection of a cornice oeycnu the street wall
to an extent cf rot for feat. Nothing
in these regulations shall pre7ent the erection
above the height limit cf the parapet wall or a
cornice extending above such linCt not more than
five feet,
Fifth. In all aB° Residence Districts reclassified by
an Ordinance of the Town Board dated the 9th day
of December, 1925, apartment buildings of an ex-
treme height of 70 feet shall be allowed.
SECTION 21. EXCEPTIONS AS TO SPIRES, ETC. The provisions
of these regulations shall not apply to the erection of church spires,
belfries, chimneys, flues, grain elevators, scenery lofts and wirele..
towers. Tha provisions of these regulations moreover shall not apply
to bulkheads, elevator enclosures or water tanks, occupying on the
aggregate, less than ten (1O%) per cent cf the area of the roof on
which they are located. No tower or other structure shall be erect-
ed in any district embraced by this ordinance having a height of
more than 50 feet from the level of the ground surrounding the
base or foundation of such structure without the Slima consent of
the Board of Appeals,arrr
SECTION 22. PERMITS AND CERTIFICATES OF OCCUPANCY AND COM-
PLiANCE. Nc land shall be occupied r>r used and no building here-
after erec;taa or altered shall be ccccupiod or used in whole or in
pac-t for any purpose whatsoever until a cor;,ificate of occupancy
sisal:. have been issued by the Building Cormission, stating that
the pronares :ir building complies with all the provisions of
thiF ordinance.
20
No change or extension of use and no alterations shall be
made in a non -conforming use or premises without a certificate
of occupancy, having first been issued by the Bu".dU ng ^unmis-
gion, that such change, extension or alteration is in conformity
with the provisions of this ordinance.
Certificates of occupancy shall be applied for at the same
time that the building permit is applied for and shall be issued
within ten days after the erection or alteration of the build-
ing shall have been completed. A record of all certificates
shall be kept on file in the office of the Building Commission
and copies shall be furnished upon request to any persons having
a proprietary or tenancy interest in the building affected. A
fee of two dollars shall be charged for each original certifi-
cate and one dollar for each copy thereof.
No permit for excavation for, or for the erection or altera-
tion of any building shall be issued before application has been
made for a certificate of occupancy. No building or premises may
be occupied until such certificate shall have been issued.
All applications for building permits shall be accompanied
by a plan or duplicate drawn to scale, showing the actual dimen-
sions and compass bearings of the recorded lot to be built upon.
All buildings existing upon said lot the size of the buildings
to br. erected, and such other information as may be necessary
to determine whether the proposed construction or alteration
complies with the regulations contained in the ordinance is to
be given as may be required by the _building commission. A prop-
er record of such applications and plans shall be kept in the
office cf the Building Commission. No yard, court or other
open spaces p_°cvided for in this ordinance, about any building,
shall be used as a yard, court or open space for any other
buildin;.
Pab1i� imiliirgs or institutions of monumental character
may exceed the height regulations for the district in which
such bui] d i*;g3 are to be located when ,^yet back from the build-
ing .Lines a e,tarlished in this ordinance, one foot for each
foct of exct:ss height.
21
ARTICLE V.
Board of Appeals.
SECTION 23. MEMBERSHIP. A Board o,€ Appeals is hereby
established. The words ' he Board° yrfien used in this Article
refer to the said Board. The Board,hall consist of five mem-
bers all of whom shall be re ider}t' freeholders of the unincorpo-
rated part of the Town of Ma pOneck, appointed by the Supervisor
of the Town, two for three yeti s and two for two years and one for
one year for the first term of fice and for three years each
thereafter. The Chairman of the Gard shall be designated by the
Supervisor of the Town. The Board shall receive no compensation
for its services.
SECTION 2L.. MEETINGS. The meetings of the Board shall be
held at least once a month and at such other times as the Board
may determine. the presence of all four members shall be neces-
sary for a quorum. All hearings of the Board upon appeals brought
before it, shall be public, but the Board shall have the right to
go into executive session for;the determination of such appeals or
of other matters properly before it. The Board shall keep minutes
of its proceedings, showing the 'vote of each member upon every
question, or if absent or failure to vote; indicating the fact.
SECTION 25. DISPOSITION OF A EAIZ. The final disposition
of any appeal shall be in the fo.uu of a reslution either reversing,
modifying or affirming the ct ci ion 07 determination appealed from.
If a resolution fails to recei•=threo-four hs of the votes of
those present at any meeting •f the -„Board in faror of the appellant,
the decision or determination appealed frr,.:. shall be deemed affirmed
and an order to that effect -entered upon tho record.
SZ071ON ?6. JURISDICTION. ell
Board of Appeals may, in. a
soec_P::.a Cass, and with the cons t of the Town Board, after public
:to ,i.c3 aa:1 i acing, and subject to appropriate conditions and safe-
raar ds _, determi..ae and vary the epp_icet n of t fe use, area and
e1 h-c di;;tr.`.cc regulations, he '.
rein established, in harmony with
the:'_r- Cen farce purpose and intents fcll ws ;
a use district bcundary line divides a lot in
22
a single ownership at the time of the passage of tri.4
ordinance the Board of Appeals may permit a USA autb1—
ized on either portion of such lot to extend to the lr---
tire lot, but not more than twenty-five feet beyend the b<:. '•:
ary line of the district in which such use is authorized.
2. Permit the extension of a non -conforming use of building
upon the lot occupied by such use or building at the time
of the passage of this ordinance.
3. Permit the erection of an additional bu ding upon a lot
occupied at the time of the passage of his ordinance by
an industrial establishment and which dditional building
is a part of such establishment.
4. Permit in a business district the construction, extension,
alteration, or conversion of a building intended for the
storage of motor vehicles.
5. Grant in undeveloped sections of the Town temporary and
conditional permits for not more than two years for atruo-
tures and uses in contravention of the requirements o^
% Article II of this ordinance.
6. Exempt a proposed building either in whole or in part
from the setback requirement. This relief shall, how-
ever, be granted only in eases where the proposed build-
ing adjoins on either or Loth sides, buildings that do
not conform to such minimum setback line or where com-
pliance with the minimum setback line or side yards
wculd cause unnecessary hirdship to `the owner, without:
at_y compensating benefit to '.:he coin i'nity.
t t layout t
Wh:-e the street ou actually on the ground
varies
from the street layout as shown on the use, height or
hrea map, ap ly the designations in such a way as to
r;_ out the intent and purpose of the plan for the
pc.Mtieular section in question.
8. f.a^Tt from time to time such rules and regulations as
Lay be deemed necessary to carry into effect the pro-
visions of this ordinance,.
9. vary in harmony with its general purpose and intent
any ether requirements of this ordinance where carrying
ct..t the strict letter of its provision would result in
piac;;ical difficulties or unnecessary hardships, so that
substantial justice may be done.
23
10. The notice required by this section shall be given by
publication thereof in at least one newspaper pub.i4l.-
ed in the Town, and by posting thereof in at least t;i e.;
conspicuous places within the unincorporated district ,f
the Town, at least seven days before the meeting.
ARTICLE VI.
General and Administrative.
SECTION 27. INTERPRETATIQN: PURPOSE. In their interpreta-
tion and application, the provi ions of this ordinance shall be
held to be the minimum requirements, adopted for the promotion of
the public health, safety, comfort, convenienc and general welfare.
It is not intended by this ordinance to repeyl, abrogate, annul or
in any way to impair or interfere ;with an xisting provisions of
law or ordinance or in any rules, regul4.rions or permits previously
adopted or issued, or which shall be fedOpted or issued pursuant to
law relating to the use of buildiny.or premises; nor is it intended
by this Ordinance to interfere w'th dr abrogate or annul any ease-
ments, convenants or other agr ements between parties; provided,
however, that where this or 'nance imposes a greater restriction
upon the use of buildings/greater setbacks, or requires larger
or more yards, courts or, other open spaces.than are imposed or
required by such existing provisions or lay.or ordinance or by
such rules, regulations or permits or by such easements, conve-
nants or agreements, the provisions of this ordinance shall
control.
SECTION 28. ' NFORCEMENT, LEGAL PROCEDURE, PENALTIES. This
ordinan"e shall be enforced by the Building Commission. The Board
of Appee s shall also have the power to enforce any of their own
deoisior_s Lf':er the same`,,plall become effective. The owner, agent
or noLFTa•3'•`.^-:7 of a buildirig:,or premises where a violation of this
ordinance has been committed gr-shall exist, and the lessee or
tenant of an entire building'o,entire premises where such viola-
tion has been committed pr shall,tcxist, and the owner, agent, contractor, iessee or tenant of any part of a .building or premises in
which pare su:.h violation has been committed or shall exist, and
the agent, architect, builder, contractor, or any other person who
knowingly commits.:, takes part or assists in any such violation or
who maLnt i.ns any building or premises in which any such violation
shall exist, shall for each and every violation, and when such a
violation is continuous, for each twenty-four hours thereof, be
subject to. -a fine of not more than $200.00. A violation of this
ordLnanc$ shall constitute a misdemeanor and a person so offending
shall be deemed a disorderly person.
SECTION 29. If any area is hereafter transferred to at..
other district by a charge is district boundaries by an amens -
ment, the provisions of this crd'_nance in regard to buildings
or premises existing at the time of the passage of this ordi-
nance shall apply to buildings or premises existing at the time
o the passage of such amendment in such transferred areas.
SECTION 30. DISTRICT BOUNDARIES. The district boundaries
are, unless otherwise indicated, either street lines or lines drawn
parallel to and one hundred feet back from one or more of the street
lines bounding the block. Where two or more districts{ designations
are shown within a block the boundary of the less restricted district
shall be deemed one hundred feet baok from its street line.
SECTION 31. RESTORATION OF EXISTING BUTILDINGS. Nothing in
this ordinance shall prevent the restoration of a building destroyed
by fire, explosion, act of God or act of the public enemy, to the
extent of not more than fifty per cent (50%) of its assessed value,
or prevent the continuance of the use of such building or part
thereof or prevent a change of such existing use under the limita-
tions provided in section 7. But any building destroyed in the man-
ner aforesaid to an extend exceeding fifty per cent (50%) of its
assessed value at the time of such destruction may be reconstructed
and thereafter used only in such a manner, as to conform to all the
provisions of this ordinance.
SECTION 32. WHEN THIS ORtINANCE TAKES EFFECT. This
ordinance shall +ake effect immediately.
25
TABLE CF CONTENTS.
ArrEkLS
Disposition, Section 25, ••••<
Jurisdiction, Section 26, •...
ArrEAL.S:, BOARD OF
Meetings, Section 24,
_embership, Section 23,
AREA DISTRICTS,
Definition, Section 10,
Glass A, Section 11,
�, ge
22
22
12
13
Enclosed Courts, 14
Open Courts, 13
rercentage of lot occupincy, 14
Rear Yards, 13
Sot Back, 13
Side Yards, ..... -. 13
Class• B, Section 12, - 14
Enclosed Courts, > 14
Open Courts-, .... 14
rercentage of lot occupancy, - 15
Rear Yards, 14
Set Back, , ......... 11.E
Side Yards, ............... - ... iL
Class C, D,. and E, Section 13, 15
Enclosed Courts, a 15
Open Courts, .... 15
rercentage of lot occupancy, 15
Rear Yards, ..... 15
Side Yards,. .. 15
Exceptions, Section 14, 1E
BUSINESS DISTRICTS, CLASS C, Section L, 7
CERTIFICI-.TION CT TOWN CLERK, 26
COWERC LAL DISTRICT, CLASS D, SECTION 5,. 8
COURTS,
Enclosed,
Class A, Section 11, 14
Class B, " 12, .. 1ja-
Class C, D Lnd E, Section 13, 15
0pcn,
Class A, Section 11, 111�
Class B, 12, 14
Class C, D and E, Secticn 13, 15
DEFINITIONS, Section 1, 1.
DISTRICT BOUNDARIES, Section 30, 25
ENFORCEMENT, Section 28, ►- 24.
EXCEPTIONS AS TO TOWERS, Sk'IRES, ETC., Section 21, ... 20
FAMILIES HOUSED ±LR ACRE, Section 15, 17
lARAsES, Section 9, 11
27