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HomeMy WebLinkAboutZoning Ordinance of the Town of Mamaorneck 2/18/1930ZONING ORDINANCP of the , U1INCORPORATITD! PART OF THE TOWN OF MAMARONPCK WESTCHPSTFR COUNTY Nr'W YORK AN ORDINANCT' ADOPTRD BY TNT' TOWN BOARD OF THR' TOVITT OF MAMARONECK, NEW YORK, AT A L'L RTI/TG HELD Or JUNE 21at, 1922, BY VIRTUE OF THR POWWR VrSTED IN SAID TOWN BOARD UNDT'R TRIT PROVISIONS OF CHAPTTR 322 OF THT LAWS OF 1922, AND A}1.F1 T!D AT A }.i!FTING OF THE TOWN BOARD OF SAID TOWN, HELD Or THE 18th DAY OF FEBRUARY, 1930, TO CONFORM \IITH TILT PROVISIONS OF CHAPTER 714 OF THE LAWS OF 1926, AND ALL ADDITIOITS T}TRETO AND AMPIIli u4IIT S THE t7OF, TO F STABLI GH BUILDING L IITFS 01I ANY PROPERTY FRONTING 01 OR ADJOII•iI1NG ANY PUBLIC STRFITTS AND TO RBQUIRR ALL BUILDINGS }P!RPAGTTP FfFCTE1) TO BF WITHIN SUCH LINTS, TO R'GULAT!! AND RWSTRICT THE HPIGHT, p11JLBPR OF STORIES, AND SIZF OF BUILDINGS A1TT) OTHPR STRUCTUR1!S, TI[F' PFRCF1TTAGT' OF LOT THAT LLAY BF OCCUP IT'D, THE SIZE OF YRRDS, COURTS, AND OT}R OP1T24 SPACTTS, THE DR'11S ITY OF POPULATION, AND TIT LOCATION AIm US1T OF BUILDINGS, STRUCTURES AND LAND FOR ES TRADE, INDUSTRY, RIDPNCT' OR OTIL?R PURPOSES FOR T}V' PUPPOST OF PR0L OT ING THT1' HTALTH, SAFETY, MORALS AND GV1JT'RAL WFL FART? OF TH7 C011LTUNITY, AND TO 1TSTABLISH T}P'' BOUITDAPIFS OF DISTRICTS FOR TIL! SAID PURPOSES AND TO PROVITIF PPITALTrF S FOR T11 VIOLATIOII OF ITS PROVISIONS. ARTICLF 1. Definitions. SFCTICT 1. t1FFINITION3. Certain words in this ordinance are defined for the purpose thereof es follows: (a) Words used in the present tense include the future; the sinL;ulf r number includes the plural and the plural the singular; the word "lot" iT: eludes the word "plot"; the word "building" includes the word "structur (b) A "structure" shall mean any building, sign; wall, fence, stand or other form of construction, whether assembled or constructed within 6:- without the liwits of this district, to be built, erected or placed nbcvr or below ground within the district. (a) 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 including such 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 lot other than a corner lot. (g) The "depth of a lot" is the mean distance frori the street line of the lot to its rear line measured in the general direction of the aide 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 apace, on the same lot with a building, between the rear line of the building and the rear line of the lot. (j) A "side yard" is an open unoccupied space, on the same lot with a building situated between the building and the side line of the lot and extending through from the street to the rear yard, or where no rear yard is required, to the rear line of the lot. (k) An "enclosed court" is an open unoccupied apace 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 space on the same lot ,, ith a building, extending to either the street or the rear yard. (m) The "building area" is the maximum horizontal projected area of a building, and its accessories. (n) The "least dimension" of a court or yr:rd is the least of the horizontal dimensions of such court or yard. (0) The "length of an open court" is the horizontal distance be twc en the end opening on a street or rear vurd and the end opposite such utrp or rear yard: 4 r�1 (p) I'he "height" of a oourt or yard" is the vertical distance between the lowest level of such court or yard to the highest point of any bound- ing mall. where there is no gable, mansard or dormer, the height shall 'be measured to the eaves; where there is a gable, the height ohall be measured to the peak of the gable and whew there is a mansard or dormer the height shall be measured to the eaves, Cable, mansard or dormer. to any it ivrn case the height of a oourt or yard shall be measured tc the eu ee e . rabies mansard or dormer giving it the maximum height. (q) The "height of a building" ie 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 case. of pitched roof: from the curb level to the average height of gable, provided, however, Cott a coping, firer/all, parapet or cornice, above the roof beams, shall not exceed 5 feet in height. In the case of both flat roofs and pitched rocfu, the measurement atoll be made through the centre of the street facade. mere no roof beam ex_iat or there are structures wholly or partly above the roof, the height uhall be measured from the curb level to the hichcal. _ point of the building;. ••there the walls of a building do not adjoin the e tree t the average level of the ground adjoining the walls of the bui i din' : may he taken in measuring its height instond of the curb level. here no ourb axiets the height of a building shall be measured by the centre of tie: road bed, the grade of which shall be established or approved by the To -en 3o ard. (r) A "family" is any number of individuals living and cookin.- to- rether on the premises ea a single housekeeping- unit, ARTICLE' Ir Use Di a trio te. 33CT IOI1 2. CLA98 `S U.3F DI3Tr tCT-1. For the purpose of re;.-u:latir:.; end restricting the location of trades and induatriea and the location of 1)uildinee designed for specified usen the unincorporated part of the Fovm of Lameroneok is hereby divided into six oirlaeea of diatricta; first A -- Residence Districts, second A2 --Residence :Districts, third B»- Residence Districts, fourth C-- fteiness Districts, firth D--Commercial i)iatriatel sixth v-- Industrial Districts, as shown on the emended use District map ';hick accompanies this ordinance and which is hereby declared to be and is made a part thereof. the Use Districts desii hated on paid map are here- by established, The District l:gip denir nations which a000npany the Ilse District 'Zap are hereby declared to be n part thereof. Lo building or premises ellen be erected, altered or used for any purpose other thnn a purpose permitted in the Use District in which said building or prer:iues ie located, except as herein provided. sFC T Ion 3. RmSIDTYC7 DI3Tr ICTS. Clusacs 1, AZ and le. Ir. a re sire: district, no building or premised shall be used and no building ©hell n: erected, which is arranged, intended or designed to be used, except for .one or more of the follovin, uses: 1. Dwelling or tenements, including the office of. a physician, Burgeon or dentist, when situated in the eerie dwellin►: or tenement uned by such person as his private dwelling. 2. Boarding Houses• 1. Churche so 4. Clubs, excepting eluhe the chief aotivity of which is a service cuatorulrily carried on as a busineau. 56 5. Farming, truck gardening. nurseries and greenhouses 60 F;ailroad passenger stations. 7. Schools, libraries or public museums. 8 Accessory uses customarily incident to the above uses the Le-w "accessory use", however, not including a business or any buii.(:- ing or use not located on the same lot with the building; or uo- which it is accessory. A garage or stable shall be permitted i. per Section 9 of this Ordinance. 9 In the district designated "A" on the map mentioned in this Ordinance, no building or premises shall be used and no buildin._ 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 mentioned in this Ordinance, no building or premises shall be erected which ie arranged, intended or deeigned to be used as a house for more than two families or as a tenement house or hotel. S1!CTION 4. BUS!T SS DISTRICTS - Class 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-,7J -rounds, ferric wheels or similar amusement devices. • 6. Dry cleaning establishment or laundry er,+ployin;- core than 4 persona. 7. Livery or boarding stables, except as permitted by Section 9 hereof. 8. Ice plant. 9., .Stone yards. 10. 3torage or baling of scrap paper, rogo of junk 11.. Any kind of manufacturing; other than the manufacture of products sold at retail on the premise° to the ultimate consumer. 12, Any trade, industry or use prohibited by Section 5 in a Commercial district or by •section 6 in an industrial district No use permitted in a residential district by Section 3 shall be excluded from a business district. S7CTION 5. COICS1,11CIAL DI:;TfI;T Class D In a commercial district no building or premises shall be: used and no buildinr be erected which is arranged, intended or denigned 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 commercial district, 6 &CTIO11 4. 14ii%5Tf3AL DISTRICTS --Chas R. in an industrial district, no building; or premises shall be uoed and no buildi•nc shall. be erected, which in arrLinged, intended or designed to be used for any of th. follorinr► specified trades, induetrlea or useai 1. Ammonia, chlorine, or blenching powder manufacture. 2. Asphalt manufacture or refining. 3. Aoo yinr, outer than gold or silver. 4. Boiler works. 5. 1'lr tc k t tile or terra c o tta manufacture. G . Cemetery. 7. Crematory. :a, Ureoaote treatment or manures turc . 9, Jiatillation of coal, wood or bonoa. 10. Fat rendering. 11, ?ertiiLaer manufacture. 1.:. larbri , reduction of. or offal der:d animals or refuse ex•.- aept rrber uead for municipal purooaea. 1::'► :lua, si::o or .Ta1atine ctnraufnotnrc. 14, Tron, steel, brags or Qopae r founiry r►r works. 15. Larip bloc': manufacture. 16. ,Limy:, ccr-mttt or plaster of prtric mururacture. 17. oil eloti: or •linoleum manufacture, la. i'.. int, oil, r:srr.ish or turpentine manufacture. 19, Petroleum rr_ f inia,;. . n_ Erintinrr it.k rianuinr•-titi'a. 1• :yroxoltne emetic r:nnufocture or rnnufacture of artiolcu tilerttfrDJ'!. 22. itaw hiders or a'tii:a story. ; . i ur in'; or tanning. L.3. 'tubber mails setlr : from crude material. 44.. 3lsurt to rin • of .on 1.tuia,} 1::l ti n, o C iron. .;if)flp ti:niu:-ictujr. .;7. :;{torch, �;lucntlr H.c dextrin': rlanutet•uTc _ ..ly .00% yt.t 1R. ..9. Stone cruabin, :. 3oro4o r ►r c anuuc'Lure o ( plosives. 31. u1p2:urou,;, sulphuric, nitric or hydrochloric acid manufacture 32. Tallow, crease nr 17)rd rtUrtufacture. 53. Car dit3till. Lion 34. Tar roofJ. - ur •, nt"rprouftn.: manufacture. 35. Any atbei txn1c Ln':ust.ry or une. which in the opinion of the Aoord or npealg iu rior.ioua or affennivc by reaoon Of odors dust, uric, : s, ijoisv, vibration or other cause. sur-:i ttl': In rl r- nidence district by 4aotion .3 or in & bneineas 4iztrict by :3ectian 4, 3.r Ln :oT►rrarcir+l 'n et-I-ict by :3aotion 5 shall be ' .excluded rren en lnchictrial Thttriot. ( TIU 7. DI,1'11L1TD in the districts :designated "Unclassified" on th►; .-t montianed in t'ai: ordinance, na building or pro- mioc shull be raur l srnt -.s t :>li,dint; shall be erectt:d enrich is arranged, in- . tended or des i ned to br ti@ed for any purpose other than that permitted In fenidence D1Gtricta t.c.d "A". without Lhe ovusent of the Town 'oardr onrl sennditionn nrrd r�- Itric t. Li.w n applicable to llouidenoe Districts dc- • ail:nrttad "A° a>>nll 'I(: der -'lot tr a:'p1„t to Will districts designated "Un- classified". UlUlcrin.JI;c11 cvnLiiLiaire and restrictions are modified or other- wise rell:naetl b t?:_ eonser.t of tl.-. Town :so:,rd" 7. fi GNCTIOU S. vor—corpoaL:1II1G 13UILfIIIIS Ali)) USV9. Any non-conforminG use, existing at the time of the passage of this Ordinance(, may be continued and any existing building deigned arranged,, intended for or devoted to a nonu•oonforming use, may be reconstructed or structurally altered, and the non -conforming use therein changed, suJeot to the following regulations$ 1. The structural alteration made in such a building shall in no ease exoeed twenty-five percent of its assessed value nor shall the building be enlarged; unless the use therein is changed to a conforming use.. 2 No nonconforming use shall be extended at the expense of a conforming use. 3. In a residence district no building or premises devoted to a use permitted in a buaineae district shall be changed into a use excluded from a business district 4, In a residence or business district no, building or premises devoted to a use permitted in a commercial district shall be changed into a use excluded from a commercial district. 5.. In a residence, business or commercial district no building or premises devoted to a use permitted in an industrial di s- trict shall be changed into a use excluded from an industrial dietriot. 6-. In a residences buaineee, commercial or industrial districtw no building devoted to a use excluded from an industrial dis- trict, shall be structurally altered' if its use shall have been changed since the time of the passage of this Ordinance to another uae , also excluded from an industrial distriota A change•of user for tha purpose of this subdivision, shall be deemed to include any change from a use included in an enumera- ted subdivision of SECTION 6 to a use included in another enumerated subdivision of •`3 oTton 6 7. In a residence i hueineea. ^at:tmercial or industrial district, no building devoted to a uSo excluded from' an industrial die. triot, ehall have its use changed to another uae which is ale° excluded from an industrial district, if the building shall have been structurally alt' rod since the time of the passage of this Ordinance: 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 subdivision• of Section 6c SECTION 9. 4ARA4r3 ST • BL^S . A private garage for one or more automobiles mimed and used exclueively by an individual resident of the unincorporated part of the Town of liamaroneck for his private use shall be permitted in residential districts if erected at least 75 feet from the front property lineunless said garage in made part of the main dwelling or in case of severe topographical conditions: or where a lot is lees than 100 feet in depth, the distance may be less than 75 _feet upon the concurring vote of four (4) members of the Board of Appeals - On corner lots. a garage shall also be eat bask at least 30 feet from a side street unless upon the concurring vote of four (4) members of the Board of Appeals a less set -back restriction be permitted. a A commercial garage or station is the place of storage of one or more business automobiles or commercial truck° or other self--propslle in-; vehicles, owned and used by not more than one person or firm, or corporation, and shall be permitted in business distriots, 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 motorcycleea or aooea°oriea, whehter ouch atomise be for manufacture, repair, exhibition, demon- stration, sale, rental, hire, painting;, adjustment, or equipment and shall be permitted in industrial districts, and may be permitted in business districts, only after the proposed location of the same has first been approved by the 3oard of Appeols, by the concurring vote of four (4) members thereof,. Under no cirounatnncee obeli a permit be issued for the erection or enlargements of a rarac;e for more thou five motor vehicles, a group of garat en for more than five motor vehicles. or for a motor vehicle service station or for the conversion of any premi'ace, not so usedto be used for euc?, purposes in any zone whether it be a business zone or on industrial zone, if one. part of t :r tot. or plot in question is situsted within :.a radius of two hundred Tart of, or within any portion of a utrceL between twointessectinz- strive to in which portion there exists: made by members 1. A church, or 2. .1 hospital maintained an 3. A public library , ',r duly or;ar:izecl o Icool, o conduo tc% for r `'ildren and ivinJ ree:u1i r iretruction for e i;:ht or more menthe n b, A public school, or u. . theatre containirig at le No exceptions to the provi the hoard of Appeals, except upo of the ;oard of :Textile. 4. charitable institution, or titer than a public school er sixteen ye rn of Age and at leant five dayn a week_ year, or est 300 soots. pions of this section shall be n concurring vote of four (4) A private stable or uno or more horses awned ord used ex- clusively by an individual renidcnt of the unincorporated part of the Teem of 1`artnroneak for his private use, tttrll be permitted in residen- tial districts, if erected .at least °eventty, five feet from the front proeerta 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 , ppeale. a 1eiacr distance be eerriitted. A commercial stable ie t'ic L1Licr- to care fpr and maintain one. or more horoea or mule©, (r.ncd and used L)y not more than one person 'or firm, or corporation, together with the trucks, vehicles (except self- propelled) and equipment. used in tlit buoineor or for the private use of such person, firm, or corporation, and ell.nll be permitted in bn iueaa districts, s.. Nip A public or livery stable in any place uced to care for and tuiintnta horses or mules, and their harness, trucks and vehicles (except self. propelled) and shall be permitted Ln industrial districts, and Moy be _ permitted in buaineaaasa districts only otter the propooed location of mime has first been approved by the Tlourd of peals. lT tCL1* tIt . '►rea Jictricts srcT [O:1 10. WM, 7t Ii RICTs.;r or the purpooe of re ulotino and de ternininr the a»eo of yzrda, courts and perc-ent:rec of lot which r ,y be oconp.ied by buildin ° hereafter erected or enlarged, the unincorporated port of the roan of :'zfriaroneck i.: hereby :,ivided• into si;• area d cfrict-n, namely' A, :12, :li, C, `J and T , ao uhos1r, on the aMertded ;gets clist:rict clap, which togethet rf th the deaionatinu:L1 eham: thereon, is hereby declared'. to be and is hereby node a part o" thi a3 t r.iiinancc and the area di-atrieta •deaign ted on said rap are 1iereby '::cop t, t•o hereinafter provided, no building &loll be ate : nor a1E411 an exiutln1y buildiu'; b�. atructu'rally nitereJ. mica :'. except its conformity with thane regulations. tions. o lot. ire.' .. 71 .! 147 , rtt.itced or 'iiDiniohed lri area thi't the y+'rda, Courts or n2611 asnalinr, nor the number of families oco'iplir.Y u Cre;:ter, than pre serlbecl these re':ulations, xcept as ot:.r:r.:rtae )o'71,iact in ficio article, ever,. roort. in which persons live. ' ur1• pour rot:ante uholl hove at ieaa. ,ant window or vent.ile t.ii> . lire -clay either upon the Ott! or upon a rear yard, aide yr,r.d outer or inter court located o27 the laomt let and eonfominr: to the• re c uirn t .i r, t :1 ,) nor Lhvi& by Olio Ordinance sad td, ► its minimum area rand ri. Lr3,=1. - l rm J 4 SP'C_ T TIT' 11'. �'.. T,I ; ;: Ti. j...,.. 1 ; ��t t o .'► trn) .�:• to t oe nre�t dlatrfct'3 tne aet•bcc1: and ;.lr:iT'!1' "i ::co:;n or y'rd . ln,t oottarts snd the maximum pertentarre of lot r).:4:U1,r3n42. •. •1.? tom? Di;. :O1lO.,D* 3"T-I311C::at To p-rt o_ at1j L ,' iisl . :Ili be i.t;ilt, oithln .3.0 feet or any a.tract line, Except that .en :.o:•;.c r iotu such hoil•ain1;r; nay be set back a Inoo dintoanr fro:a tlyr old! street. upon the concurring vote .of font. (4) nenb'rc u tip itc rd of •.T•cnlz Thorn reur : =.r:! ilovinc L depth of not leoo than fifteen pr.r trrt t of d - t'. c: ,k lot. Olio yar:l need not exceed twenty-five fret In de 1th proti.!et1 It 1::•e. :a depth of not. leap thort five Lnchr_ e for sae}. i riot of lit,1IdirtC fa_ I•_t SOT Y451._] ; elide yt,.rrin -.in provided at the curb level of ever;- lot. :111c lead t rt1 ' PfnuiOU:'t 01 urn', ;: tird .uhu 11 be nix foot.- Oir". ' ntr :i; ..r, ()Dim_ count LIttTrll tic• not Icaa thu11 fie. Teat wide nor lcso than Cv'.-. a:t••? one-ht'li :;idr for '_uch toot of height of such court, t'lc:' t':Lr: t- 0 ,�r. t one:-t„,lf inpnca wide for erab foot of length or twah cou r ar iron the :: artyr.A; ei•4. -'!Na.rz:;',> :r11'::i:• r. enclOe'1 court :Owl? bp rot lean their: six fe"t ':ride, ni0;t•. lam; t.:'.lil tlre.p t i le. for sue! foot Of 13eiejit Of :such court, nor a3huil its lreJ oe leoo t',iti t:;•LQe the uquare of its required la&:st dImenu Lon, - p-71. rri/A1' �i 1,.,; ;;;Ui'.L''."rs 'I.. i'uildir.'- with Lti: ncce000ry t,ufi;i,i8�r Shall occupy in cl of nn of forty rClr[:t:- of t11e z,rca of L I.. in t e r19& lot - nor in excc:ia Of fifty pi7relmt or .. corner lot 111 10 MOTION 12. AR1 A DISTRICTS. -- Olass B. In these districts the set•bsok and minimum dimensions of yards and courts and the maximum per,. oentage of lot occupancy shall be as foliowst SIFT-UCKs 110 part of any building shall be built within 15 feet of any street line and on corner lots such building shall also be set bgok at least 10 feet from the side street. PAR UP.D31 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 leas than three inches far each foot of building heights on interior lots there shall be a rear yard having a depth of not leas than ter per cent of the depth of the lot, which yard need not exceed fifteen feet in depth, provided it has a depth of not lee° that, three inches for each foot , of building height. 3IIF YARDS I Thorp shall he two o ld e yards, e e c•r; r: o t. less than five feet wide, nor less than one end one- elf incites for each foot of build- ing height, nor less than one inch for each foot of buildinc length. OP IT COMM At open court shall tie not leas than five feet wide, nor less than two inches vide for loch foot of heir -lit of such court, nor less then two inches aide for each foot of lcm:th of such oourt from the closed end. "ISCLO$ D CO1JRTS: :tin enclooeci court eha11 be not lets than six feet wide, nor less then two inches wick for each foot of height of such court, nor shall its area be less than trice the square of its required leant dimension. 1?or a building used for dire ll int_ purposes, on enclosed court• mil shall be not lase than two and one-half inches eide for each foot of height of such oourt. ImRCERTAGT O' LOT CCCUP1I-0Y: i o 1)uildinr, it1; its accessory build- ing, shall occupy in exceer; of seventy-five per cent of the urea of an interior lot, nor in excess of nirety percent of the area of a comer 1?t S7Ci IM 13. Mr.% I:;frC;:; -- Clauses D and T`6 In these districts, the minimum di► enzionn of yards ntr'i courts and the maxima i percentage of lot occuponc;; of •ell be as rollers: R?AB YAnDJ: CD interior lots there sip 11 bc e rear yard above tic horizontal plane, tfent;' feet above the curb 1=vel, having a depth of not less than ten percent of the depth of the late r:i:ich yard need not exceed fifteen: feet in depth, provided it has r' depth of not less then two inches for each foot of buildin[ height. 1ID» YARDS: A aide yard, if any, shall be not less than five feet wide, nor lest* than one inch aide for each foot of building length. OPRIT COURTS* An open court &u 11 be not; less than five feet wide not less than one and one-half inches :ride for each foot of height of such court, not leas than one and one: -half inches wide for each foot of 1eneth of such court Frew they closed cnd. FBCIPS7D COURT ;: An enclosed court shall be not less than six feet wide, nor lees than two and one -hell inches eddc for each foot of height of such oourt, nor shall its area he lose than twice the square of its required least dimensions. P71RCi I1TAJT OF LOT COCUTArCY: T o buildinr. r.i ith its ecceseory build-' ings, shall occupy in excess of ninety per cent of an interior lot. Thiel limit shall apply above the horizontal plane = twerty feet above the curb level. The entire area of corner lots may be occupied, provided all re- gulationa relative to light and ventilation are complied with. 11. g3561540r tow.ry of this 'ordinance, an area of less than one -tenth of Ur. acre. Ia the 3 C, D. and r districts, no dwellink or tenement house aball hereafter be ereoted or altered to accommodate or make provisions for more than eichty fanilice on any acre of land, nor .more than a proportlon.i. at number of fariltee on a fractional part of any acre of land. The maxim number or families which may hereafter be housed .on any plat of ground shall not exceed the integre], number obtained by r:ultiply Lf1r Ca, acreage of ouch plot, exo1naive of the areo within the street lies, ':7 c L(htZ A ITT IL? �v !1~e11:tsL jt.ut,rictc. &'t.1T!f,! 16-. ItFFMUIT DI i1'7,iCT 3 Tflatin,► art 1 l lct.ltin:; the in ich t or of the i curt of 1711: rortrak le he ref):; there shall be six kticr:n ee folios -tat A and A2. The forty foot; p. the 'fifty —fro' soot 1.. i %,t C.D and ?, Th.a nerven . root he 1 •7i..t7t01 :;, ?or purpose of re ;•:;11:?its =a, Liar: IL.ninarorporated pert I iris' t ir.tc hr:1i?iat d latrtcte of tr 041% t districts 1�1,;1.,lct i dietrlctn. Thr unincorpo:a toil Flmrt of t - nri roncot liff hereby diYidcd into the s•ix diotricts otorenr► i 1, Pr i .' hounclarie a of auatt districts miffcr eh/n upon the reap attuc:ted 1,Fro to .'rd rode a port of this Errdinanee, e1.4 ccpt, as apealt'ically l,rov s:ed , no 1,u iZ Atli shall ice altered, oanstruate. or reload, so nu to g;.::e,:.i t'..e h-'irht I,r r b_ established for the district wherein ouch bulldinr Li. 1oosts.I, rar:r1 zr, ill rtar, and all t%i notations, rR-. foreruns and oth.'r Itet.a utio.'n V.v.reit, , o.11il1 Le as such, a part of this �rdlnauc:e n e thou:11 th c r:.l t. L.. r :.; 'i ter.o oat forth by said map were a fully described .rn%rt 111r Z:. i,t1. o,C �'�c'r built�in�a L ..the verticall t , diAl 1` tcmce ircr ti :e 1cy ,•7l ti'- r:' ti4niidly of the front of buildinr to to:. of t '. tj o311r . 11. Or to the Lriah st point of the roof, provided in cuss of r• ',t,il 4,_ 1.-J❑eLCd Jr) terrace., the heL:7it of the curb level Easy ort LrtcY�.�:�ad r: L'r Fjrwunt equal to the height of the terrace above the t3nr.1-r Curl t� : - 1•• u t ;10i t c exceed five feet, and prow: vided further the t airs re tom- Lc v '- �!' ;,.le lard, ucoordinil' to Pie sate ve;' in above the Level of t'ar. -�.�- 1.' v'rtical height of auch buL�ln5 shall- be measured !`roc. tt,e : i.l 3 t =t.t-r 'oU- no curb exists, — the heir'ht. of a build/tic: tit" aeritre of tho roadbed the grade of which shall be stL 1'1ia:o.d or approved by the Town 3o'rri.l The forty font :.r-ic lt. r" outlined or.- said ::asp in ei 'D spaoe, . and shall he l io rn ae 1, . L ' . : L ;tricta A `tad /I d The fifty-five foot the ich . ::i:1:r!•`ks ere out.li.bcd oti said tAap lu lines or ayrbols, ':r.Orn nr: t:ry I;:ct 'Iiatrii is Th.e seventy foot 1:ri?7,i1S dintr.ictrs "rP outlined o1i (7Lid map in ll:ra or eytabola and shall 11 '-7.avm ea hr i -ii t liKttriets d, 7_1 and ?. 3i1Citrtfl 17. ;'r-Pr ;k e'? I7rt•T : .i,. -.. [t'.'!' i• ti- • A and .'.2� In the tett, f.po>r. he 1�-1�`. I a )ut tr I erected Or Uttered, to vxocnaistricth t forty feet or three ctorLoa ark' in �1'1 7h1. 1_�cept as bereinuft'i'r FL. provide. SPOdT It`2; riY-1?I'� - „-,r; r ,THtC tt1... spa', In the Cift I.U. r- five foot district, t.o• uti )1r:. _ 11 ii- -rec Carl or alteroui to exOted fifty-five .feet or four oturics linear -Lent in he1.,:ht except ao lrrr'�ins after provided. rm I� hi;rt.� n >w M ; �"3�'CT La2T 19. :3='i/?1' : +! F'OO r i r :. •: t r3Tr I C..r , TJ and n the severity foot tt4:i :lit diatrizt44 h►tllr:iu'- uht i1 be rl rested or altered • to exceed seventy teat or fi • : �,,� �:t�-half atoriee and. oas�et..t tr. h:.1 except as. hureinafter provided- 3:3 (3FCT XVII 20. MGM DISTRICT FIXITTMES. ells fore oine; require- ments in the height districts shall be subject to the follouinc ex- ceptions and regulations: Firsts In height districts, "A" and "D", public buildings. hospitals or school may be erected to a height not exceeding fifty- five feet, provided such structure shall have set -back, side yards and rear yards, complying with the area regulations of this ordinance. seconds One family dwellinrco in height districts "A" may be in- creased in height by not more than seven feet when two side yards of not lees than fifteen feet each are provided, or by not more then 14 feet .:hen no part of said tttildint: is built within 50 feet of any boundary line. Thirds rublic bui din -e, hospitala, churches, cathedrals, temples and other places of public rorship hereafter erected tehich have yards on -all sides, rind comply ,lit.,: the arcc districts, nay be erected at to the height rerula tion in acco:dence with the provia tons of this ordi- nance. In height tiatriatc "A".churches, cathedrals, temples andother'' places of public worship may be erected :.a to height, in accordanC with existing or hereafter adopted ordinance of the Town of i:amflroneck, provided hoover, that any ouch structure shall set back from the street line not less than 50 feet, end shall haveoiyard onteachr raide dectr: with notless than 20 feet in ;width end shall c ompl,/ the area reatrictionn of thin ordinance. Fourth: 1iothine in these rem;uletione *hall prevent the projection of a cornice beyond the street wall to on extent of not more than four - feet. l:othin„ in these regulotiona ohall prevent the erection above the height limit of the parapet ::all or a cornice extending above such limit rot more then five jee t. Fifth: In all "R" 'ie eideuce Ii©tricta reclassified by an Ordi- nance of the Town Board dated the 9th dry of !December 1925, apartment buildings of an extret:e heir.,hi, of 70 feet shall be alloyed. GRCTIOl1 21• =WTIG3:i3 A3 iO i'Is r a, FTC:. -- The provisions of these re(;ulatiorio shall not apply to the erection of church spires, belfries, chinneya, f1uen, srnin elevators, scenery lofts and wireless towers. The provisions of these regulations moreover obeli not apply to bulkheads, elevator enclosures or stater tanks, ocoupyin , on the a!;gTegate, lese they, ten (10'J) per cent of the area of tilt. roof on which the,' arc lcc ited. ::o toner or other otructure ohall be erected in eny district embreccd by this ordinance r having a height of morn than 50 fce t froti the level o2 the ground ourroundine the rase or foundation of ouch utructurt t:ithout the consent of the Board of Appeals. 31rrTIo1v 22. 1'r.RVtT.1 :.;'.i :�'}•1 ti�'I"•t�t"•� c.' fh:Ctlp art A''1) CrEPLIAI:C I:o land shall be occupied or used ard no building- hereafter erected or altered shall be occupied or used in whole or in part for any pur- pose whatsoever until R certificate of occupancy shall have been issued by the vuildinr Comniosion, at:itine that the preemies or building complies with oll the provisions of this ordinance 14, No clanks or extension of use and no alterations shall be node in a non -conforming use or premise° without a a'rtificvte of oocu• pancy, havinj! first been issued by the fuil,lin, Commission. t hnt eve change, extension or alteration in in conformity with the provis 1(' of thi .ordinance . Certificates of occupancy shall be applied for et the same t it e that the buildint; permit in applied for and ahn ll be i uaue tl within ten dcyu nftcr the erection or t:lteration of thr builclint• shall I'iz' rc been completed. A record or all certificates uhcll he kept on file in t'tr office of the nuLldint,; .o nt:;lion and co:►io:- alkull 1'e furnished upon request to any persons havin,e n proprietary or tenancy intereUt in the building,; affected. ;i fee of t,:o dollars olusll be ch rged for each ort inal. certificate and one dollar for cool:. copy thereof. 1'o permit for excnvntion for: or for the erection or alteration of any buildirt' shr:il be issued before t n=alication has been mode for a certificate of occupancy- 10 buildinn or preilea may be acrupied, until such certificate shall have been iusued. i11 applications for h' ildinr: ; r:rriits shall i,.n aaoompanied by a plan or duolioate drawn to scale. shov. itv. the rict.ucl dimensions un'i compsoa bearings of the recorded lot to be built upon . .411 buildince existing upon said lot the size of the hnil:iings to be erected, and such other information as may be neceaanry tc deten,inc whether the propoacd conctruction or alteration comuliesa with the regulations contu ined in the ordinance its to he riven oa nay be required by -the building comr.insion, A proper reoord of such tpplical:ione and clans shall be kept in the office of the ihuildine ::or rnioaion . ;io yard, court or o tl! cr omen opnce o provided for in thin ordinnnce , about any build- Lnr , uti .11 be used :►e a ;bards court or open: space .for ar,; •other build- sni;. 1�u:�lic ltui1dinr;s or institutions of monumental cs;artit; t.uy exceed the lac ij,h t re, -illations for the district in :rbie' j i n,n are tc; be located when ee t bac]: from the tuildi.rg; linen au estnbliahed in this ordinance. one foot for eac:: foot of excess heiuh4. 15.. 6TCi101, 23. LMIRMSHIP. J Board of-ppeala is hereby established_ ehe words 'the �3oard' ,hen used in thin article refer to ©aid Bodrei.. foard shall consist of five (5) members and all of whom shall be reside'i t freeholOars of the uninoorporated part of the Town of ? amaronecic end i be appointed by the Town Board of such Town. The Chairman of the lioL.rri shall be designated by the Supervisor. Of the members of the Board fin,. appointed, one shall hold office for the term of one (1) year;one _f9r the term of two (2) years;one for the term of three (3) years; one fear the terra of four (4) years; and one for the term of five (5) year© from and after his appointment. Their successors shall be appointed for the term of five (5) years from and after the expiration of the term of their predecessors in office. If a vacancy shall ocour otherwise than by ex- piration of term, it shall be filled by appointment for the unexpired tern: The Town Board shall have the power to remove any member of the isoard fo,r cause and after public hearing. the members of the ;Board shall receive no compensation for their services. VCTIaI! 24. i PITTIYG3. All meetings of the Hoard shall be held at the call of the Chairman and at such other times as the Board may determine Such a ohs irman, or in his absence, the acting chairman, may administer oaths and oompel the attendance of witnesses. itll meetings of the Board shall be open -to the public. Such Board shall keep minutes of its pro- ceedings shovrin, the vote of each member upon every question, or if absent or failing to vote indico :ing such f&ct and shall also keep records of its examinations and other official actions. livery rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of tar Board and shall be n public record. 3RCTIOiI 25. ? [PTrJL5. .'.n appeal may be taken to the Board of Appeals by any person aggrieved, or by can officer, department, board, or bureau of the town. 3uoh appeal shall be tale: within such time as shall be prescribed by the Hoard of .ppeals by Eenerkil rule, by filing with the officer from whorl the appeal is taken and with the Board of Appeals a notice of appeal specifYinc the grounds thereof. The officer from whops the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Toard of -\ppeale, after the notice of aPPeal shall have been filed with hits, that by reaeon, of fi-ct3 etzted in the certificate in which case proceedings shall riot be stayed otherwise than by a restrainini7 order which t'tay be granted b,; the Board of r>peale, or by n Court of record on application, on notice to the officer from whom the appeal le taken and on due cause oro-m. The Board of Appeals 014011 f i;, a reasonable time for the hearing of the appeal or other matter referred to it and c;ive public notice thereof as well as due notice thereof tc the parties in interest and decide the same within a reasonable time. Upon th • hearing, any party may appear in person or by ce:-ent or by attorney, 16. JuciIOQ; 26. JJfI3DICTIONo .3uc i Board of Appeals may hear *n1 decide appeals from and review any order, requirement, decision or +,. . - 1netion made by an administrative official charged with t:;e C:nfai L:, . of this ordinance and all matters referred to it thereunder or ui)cn it is required to pass thereunder. The Board of Appeale may reverse or affirm, v; hol lti or p, r or may modify the order, requirement, decision or determination axJeLli-i) from and shall make such order, requirement- decision or determine t 1-n t• in .its opinion ought to be made in the premises and to ttiet end shall 11:-v.: all the powers of the officer from whom the appeal is ta::en. .hcre tl;c ri are practical difficulties or unnecessary hardship° in the sway of cerr:, ini- out the strict letter of these ordinances, the Board of :appeals shell hay.: the power in pnieing ups$ appeals. to vary or modify the application of any of the regulations or provisions of this ordinance relatint: to the ut , constructLon or alteration of buildings or struotureap or the use of 1Lnd, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done„ ARTIcr3 VI, General and -'.dministrative„ SmCTtaff 27. II1T7RPr1?TJ.TI0f s PtrnPOSP. In their interpretation and application, the provisions of %hie ordinance shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, morale, comfort, convenience and general welfare of the community. It is not intended by this ordinance to repeal, abrogate, annul or in nny pay impair or interfere with any existing provisions of law or ordinance or in and rules, regulations or permits previously adopted or issued: or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this ordinance to interfere with or abrogate or annul any easements; covenants or other agreements between parties; nrovided, jlnrrever,, that where this ordinance imposes a greater restriction upon the use of buildings, greater setbacks, or re- quires larger or more yards, courts or other open spaces than are impose': or required by such existing provisions or law or ordinance or by such rules, regulations or permits or by such easements, covenants or agree- ments, the provisions of this ordinance shall oont_ol. ST'CTI0r 26, TNPORC87:F?IiT, IMGAL P:ROCH'DUfW, t '1IALTI'?3. This ordinance shall be enforced by the building Commission of the Town of tainaroreok. The Board of Appeals shall also have the power to enforce any order, re- quirement, decision or determination made by it after the same shall be- come effective and any such, orders requirertentr decision or determination shall take effect and be enforceable immediately upon filing in the off lc:' of the Board of Appeals. The owner- agent or contractor of a building or premises, and the lesseer or tenant of an entire building or entire premises and the ownert agent contractor, lessee or tenant of any port of a building or premises in which part such violation shall hove been committed or exists, the agent, ar:hitect: builder,contractor or any other person who knowintly oomnite, takes part or assists in meintcining 17. 3t;on violation ahw11 be guilty of a misdemeanor. Any violation of this ordinance shall constitute a misdemeanor. R'CTIor 29. If any arts is hereafter transferred to another di ntric t by a change in district boundaries by an amsndmevt, the arc : i - i or: of thi a ordinance in regard to buildings or pram:Idea ©xi atin! u the time of the passage of this ordinance obeli apply to buildin.;s Jr pre:Ase c existing at the time of the passage of such amend ii:nt ir trr.naferred areas. MOT top 30. DISTRICT BOU/IDAl rt, S. The district ?::Sundtrtns are, unless othcrwt12e indicated, either street lines or line a drawn pusallcl to and one hundred feet back from one or more of the street lines bounding the Clock. 'There two or ',lore diatricta' desi;:nr.•tiono are shown rithin a bloc': the boundary of the' less rrotrlctei district &tall be deemed one hundred feet back from its street 1 inco manor 31. R !STOR r'rIoN W '"XI-frDil '4UILO/r1:I. Vothir.r i:: this ordinance shell prevent the restoration of s destroyed '►y fire., explosion, act of God or act of the public enemy, to tI» extent of not more than fifty per cent (5o%) of its aseensed value, or -ere vent the continuance of the nee of such building or part thereof or prevent a change of auah exioting use under the limitations provl•Jod in ectian 7. But any building de tr ed ire the manner sforesald to an extent exceed- ing fifty per cent (50%) of its asseesed value at the time of such de- struction may be reconstructed and thereafter used only in elle, L manner ne to conform to all the provisions of this ordinance. .Sfl'CTI021 32. AiTEDIr!'rTS. This ordinance may be amended by r, majority vote of the roirn Board as provided by lss. !CTION 33, WHIM Tif1G ORDLITA]IC"P T.117%.i T'FFri'CT. This ordint:noe shall take effect immediately. 18. 3TAT '? OF lr' ; YOra , c rtu TY OF -.r ' 3 T Cm? 3`r'R p T(T.3 OF 1,:A1:11Rcl1^*tZ, 33s I , iv:1I.TnR R. L I\RVI1 , JR. , TOT CLYfK of the TO\IT 07 MAYARMITTK;. do herebyc e r t i f y y that I have compared the forer oinc ordinance vrith the original on file in my office t.,,,---,ther with all additions thereto and amendments thereofc an... `lint the same in a correct transcript therefrom and of the whole the., .f. whicii Alas duly adopted by the Town Tioard of the Tot?n of' 1Tat a rove ck on June 21., 1922 and amended on February lay, 1930 to conform the same with the provisions of ,hnpter 714 of the Laws of 1926. (3vAL IJ: ',:ITI',./JE.'3!INV, I have he rcun to ae t my hand and affixed the leal of said ':own the first day of inrcht 1930 19 Walter v Eurvinr Jr. Tovui Clerk. TABL" of COUTMS A1•^1iD17X:TS - Section 32................... , . APPg7La - Disposition, Section 25.. •.. - •.. •• Jurisdiction, Section 26.... ..•.•2,, 17 AP -PALS, 'WARD n lfi Ld e t ines, Section t ion 24, . , . ,... 22 Membership, Section 23,............... • , ... ♦.... 2;1=� ARIA DI 3Tn IC TS, Definition, .5-action Class A, Section ll, 3nclored C4ourta,••....... - Open Courts,...... Percentage Lot Occupancy.... ;tear Yards, :Set Back, ..... ..... . :"side Yards,.. • .. ... ? �...... -1'(: :lass 73, Section 12,...... .14...... ? 1 Inclosed Courts,..,.•••e........... ark ►.14•..••.11 Open Courts,........... .....14......11 Percentage of Lot nccupaacy... • . • ... • • • • ),5.. ► .. =11 Y ...V..,...11 ,,,ears Yards, r ....1...:..1� 14M ..... 1 0 .4-.... 13...•.110 •....••• ........... •.14 .1G •.1i?.•.. •01° Close ln... 11 Get 1;ack.......... .. ..«-14..••• 11 :31de Yards,. ...... - ➢, Section 1a,.... one Section 14,..... ••.*...1•� • 'I'S, one, C, :Action A,... ........... „ ,, 746...•.. 6 ?nclosed ousts,..• • . .-15......11 Open' Court a, 154.. •..11 Percentage of Lot tccupancy,•,....... 615.... .12 hear Yards,. ..:.r 15....:..4 elide Yards. c ... .15......11. .16. 12 f{:l,Cless r, :lection 5 • r..... E)•.•Om& 15 11,.......•., 0 ..19.•....Ya .14....q-11 !eotion 1:,.. .........l!�......�.1 :., Unction N and IT' ::1a0u .%, ii_cti.n 11--•... .......... •►....... ...ld..•.r.10 •J 1a ss . $ . ;action 12. ....... .... :.. - .. 14......11 r. • .• : ctitn ], • •• •.-.•15....-.► 1 �1�snr,.n r�nia , . •' A _J7 .'C' TT T'-' ;i ie c ti cat i ... - • - .... • - •1ll UF::, I iect1on tIa. • ♦ • • . • • r . • . • • • ♦ - . • • ► - ,24 11• rrt -r 71 c tLnfl .' .•.-....... '-..-•.•...1,.1024, On '•r' TR.I 12tTP . etc • 3eation ::1. .. _ ,1L 3.7 -12 • t.L.: ' 3 1 i' 1 '�'� prn 4wrn , Section 15 .... - • .. • . • - ^ . , • . a .11acti(T: p,. ..1. •••••••-•.••••.••••-• I ..11...•• 20, IC! i 11 !MIGHT DISTRICTS, Pxceptionep 3eotion 20,4 • . , .... 019 . .1/ Forty Root "A", Section 17- ..... - 18 .-...13 Fifty-five Foot "B", Section 18... -. , . -19 .- „.13 Seventy Font "C", "D" and "F" L, Section 19 .. , ,, ,. , 19 :. J .. • .. 13 Regulationa, Section 16.1.. , ...... : 17:..: . ,..,13 Pecs.. Old ne- INDUSTRIAL DISTRICTS, Class F, Section 6c . a,,.: . , 7 IN'i'MRPR41T•2IMi. PURPC.S', Section 27,-, ..... ..••....a,...9230..,.,...17 LRGAL PRC.eDJPW, Section 2d.1,- o,, ,.,.,.,o:,r.......24. ...17 ACT -CONFORMING BUILDINGS A1: D U: '9. Section 3, . _ .. r ....... 9 9 , . %oupan ny and compliance Certificate, Section 22,..•.•.•c:...,,.,......... _ :20.. . Permits,Section .Section .....,........ . ..,..... • .,........2t}o:.,. . P!'IiALTI7S, Section ::3, . .... , ... .., ....:. , .24, , , .. i i PTICITS, Section 22,.•. , .. 1.20�,.....1 PURPCSF, Section ::7... .... - ..... . • .- . , . „ �:a , ... �. RF3IJ1FITCR DISTRICTS CLA.3 'S A and It, .;action 3 5 . G ... - . Ri'STORATIOtt OF 1'XISTIP:G T3UIL)Ira ;, '?dotlon 31 VT BACK, Class A, Section 11,, ..•., Class I3, Seotion 12. .. SPIRR'8, Section 21.... v .. • •.. 8TAT3LFS, Section 9.., :• .............••....•....411...•.... f: TO ;'IWRS, Section 21, .. ,.. ,: - .... , , .. , ...... , .. 20. 9 .. , ...o. UIJCLAS3IFLT'D Dt9TR I:CTS, Section 7, • 0 r • . c • , .. e . . . g,;, O O 9 • • it r-•".2i, ••• •O•:, •••J••O•,. 119,113J04•4•91L YARDS, 14, •..11 0200 0 4 . 0 ./ • Class A, Section 11: Rear Yards: • . ,...,....,....- � o......131....'. • .1C- Side Yardec •.....••••<Ir,•.. ^O•.I.•13,.J.•••sit Class B, Section 12 Rear Yards, .,•01114.0•<6•.'11. Oide Y&.ras......,_. 14..999 No Class C.D and 7', Section 13 Rear Yards, .. 3r -••.-...,.,,..•.1.9. le,,all Side Yards .. • . , .... 11 21- # Refers to previous i:;G>>.r