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HomeMy WebLinkAboutZoning Ordinance of the Town of Mamaroneck 4/25/1987 ZONING Chapter 89 From the CODE of the TOWN OF MAMARONECK COUNTY OF WESTCHESTER STATE OF NEW YORK [Printed as last amended 12-19-84 by L.L. No. 10, 1984. Consult municipal records for possible amendments adopted thereafter.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York 14624 1987 ZONING Chapter 89 ZONING ARTICLE I 41 General § 89-1. Purposes. § 89-2. Word usage. § 89-3. Definitions. ARTICLE II Districts § 89-4. Establishment. § 89-5. Zoning Map. § 89-6. Boundaries. § 89-7. Divided properties. ARTICLE III Regulations § 89-8. Application. § 89-9. Conformity required. § 89-10. Lot requirements. § 89-11. Yards and open spaces. § 89-12. Lot subdividing. § 89-13. Irregularly shaped lots. 8901 4.25.8 MAMARONECK CODE § 89-14. Required street frontage. § 89-15. Zoning modifications. § 89-16. Tidewater areas. § 89-17. Usable open space. § 89-18. Accessory uses. § 89-19. Schedule of regulations. ARTICLE IV Residence Districts: Permitted Uses § 89-20. One-Family Residence Districts: R-50, R-30, R-20, R- 15, R-10, R-7.5. § 89-21. One-Family Residence District: R-6. § 89-22. Two-Family Residence District: R-2F. § 89-23. Garden Apartment District: R-GA. § 89-24. Attached Residence District: R-A. § 89-25. Tower Apartment District: R-TA. ARTICLE V Business and Industrial Districts: Permitted Uses § 89-26. Office Building District: OB-1. § 89-27. Office Building District: OB-2. § 89-28. Business District: B. § 89-29. Light Industry District: LI. ern' ARTICLE VI Residence Districts: Construction Requirements § 89-30. One-Family Residence District: R-50. 8902 ZONING § 89-30.1. One-Family Residence District: R-30. § 89-31. One-Family Residence District R-20. (Cont'd on page 8903) 411 8902.1 ZONING § 89-32. One-Family Residence District: R-15. § 89-33. One-Family Residence District:R-10. § 89-34. One-Family Residence District:R-7.5. § 89-35. One-Family Residence District:R-6. § 89-36. Two-Family Residence District:R-2F. ill § 89-37. Garden Apartment District: R-GA. § 89-38. Attached Residence District: R-A. § 89-39. Tower Apartment District: R-TA. ARTICLE VII Business and Industrial Districts: Construction Requirements § 89-40. Office Building Districts:OB-1 and OB-2. § 89-41. Business District: B. § 89-42. Light Industry District: LI. ARTICLE VIII Supplementary Regulations § 89-43. General. § 89-44. Yards,setbacks and courts. § 89-45. Height exceptions. § 89-46. Minimum house size. § 89-47. Dwellings in house trailers and accessory buildings. 1110 ARTICLE IX Special-Use Permits § 89-48. General. § 89-49. Applications. 8903 11.25-85 MAMARONECK CODE § 89-50. Requirements. § 89-51. Hearings. § 89-52. Conditions and safeguards. § 89-53. Expiration of permits. ARTICLE X Nonconforming Uses § 89-54. Continuing existing uses. § 89-55. Use of land. § 89-56. Use of buildings. § 89-57. Deviations. § 89-58. Undersize lots. § 89-59. Damaged buildings. § 89-60. Nonconforming signs. § 89-61. Completion of buildings under construction. § 89-62. Existing special uses deemed conforming. ARTICLE XI Off-Street Parking, Loading and Vehicular Access § 89-63. General. § 89-64. Required space to be shown on plan. § 89-65. Existing buildings and uses. § 89-66. Off-street parking requirements. § 89-67. Layout and location of off-street parking facilities. • § 89-68. Improvement of parking facilities. § 89-69. Operation and maintenance of off-street parking fa- cilities. § 89-70. Off-street loading requirements. 8904 11-25-85 ZONING ARTICLE XII Administration and Enforcement § 89-71. Enforcement. § 89-72. Records and reports. § 89-73. Building permits. § 89-74. Certificate of occupancy. § 89-75. Building permits issued prior to adoption of ordinance. § 89-76. Violations and penalties. § 89-77. Board of Appeals. § 89-78. Appeals: how taken. § 89-79. Fee for advertising hearing. ARTICLE XIII Amendments § 89-80. Procedure. § 89-81. Effect on issuance of permits. ARTICLE XIV Site Plan Approval § 89-82. Site plan approval required. ARTICLE XV Miscellaneous § 89-83. Severability. § 89-84. Short title. [HISTORY: Adopted by the Town Board of the Town of Ma- maroneck 6-29-59. Amendments noted where applicable.] 8905 11-25-85 § 89-1 MAMARONECK CODE § 89-1 ARTICLE I General § 89-1. Purposes. There is hereby established a Comprehensive Zoning Plan for the unincorporated part of the Town of Mamaroneck, New York (here- inafter referred to as the"town"), which plan is set forth in the text, 41111 map and schedules which constitute this ordinance. Said plan is adopted for the purposes set forth in Article 16, Chapter 62, of the Consolidated Laws of the State of New York, and more particularly for the protection ad promotion of the public health, safety and wel- fare, as follows: A. To guide the future growth and development of the town in accordance with a Comprehensive Plan of land use and popu- lation density that represents the most beneficial and conve- nient relationships among the residential, commercial and public areas within the town, considering the suitability of the various uses in each area and the potentiality for such uses as indicated by existing conditions and trends in popula- tion, having regard for the use of land, building development and economic activity, with such conditions and trends being considered both within the town and in relation to adjoining areas. B. To provide adequate light, air and privacy; to secure safety from fire and other danger; and to prevent overcrowding of the land and undue congestion of population. C. To protect the character and the social and economic stability of all parts of the town, and to ensure that all developments shall be orderly and beneficial. D. To protect and conserve the value of buildings in the various districts established by this ordinance. • E. To bring about the gradual conformity of the uses of land and buildings throughout the town to the Comprehensive Zoning Plan set forth, in this ordinance, and to minimize conflicts among the uses of land and buildings. F. To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic (Cont'd on page 8907) 8906 11-25-85 § 89-1 ZONING § 89-2 throughout the town, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the town. G. To aid in providing a guide for public policy and action in the efficient provision of public facilities and services, and for private enterprise in building development, invest- ment and other economic activity relating to uses of land and buildings throughout the town. H. To limit development to an amount commensurate with the availability and capacity of public facilities and services. § 89-2. Word usage. All words used in the present tense include the future tense; all words in the plural number include the singular number; and all words in the singular number include the plural number, unless the natural construction of the wording indicates other- wise. The word "lot" includes the word "plot," the word "building" includes the word "structure," and the word "shall" is mandatory and not directory. The word "person" includes any legal entity as well as an individual. The word "use" shall be deemed also to include "designed, intended or arranged to • be used." Unless otherwise specified, all distances shall be measured horizontally. The word "town" means the unincorpo- rated part of the Town of Mamaroneck; the term "Town Board" means the Town Board of said town; the term "Board of Ap- peals" means the Board of Appeals of said town; the term "Planning Board" means the "Town Planning Board" of said town. 8907 § 89-3 MAMARONECK CODE § 89-3 § 89-3. Definitions. For the purposes of this ordinance, certain words and terms used herein are defined as follows: ALTER — To change or rearrange the structural parts or the exit facilities of a building or structure, including extension on a side or increase in height, or the moving from one (1) location or position to another. AREA, BUILDING — Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces. BASEMENT — That portion of a building wholly or partly underground and extending no more than five (5) feet above finished grade. BUILDING — Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattels. BUILDING, ACCESSORY — A subordinate building, the use of which is customarily incidental to that of a main building on the same lot. BUILDING, LENGTH — The horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of its greatest dimension. BUILDING, MAIN — A building in which is conducted • the main or principal use of the lot on which said build- ing is situated. CLUB, MEMBERSHIP — An organization catering ex- clusively to members and their guests for recreational, 8908 § 89-3 ZONING § 89-3 athletic or social purposes which are not conducted primarily for gain, providing that there are not con- ducted any vending stands, merchandising or commercial activities except as required generally for the member- ship and purposes of such club. • COURT — An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such build- ing or buildings. COURT, INNER — A court enclosed on all sides by the exterior walls of a building. COURT, OUTER — A court extending to a street line or opening upon any front, side or rear yard. COVERAGE — That percentage of the lot area covered by the building area. DISTRICT — The term "Residence District" shall mean any district prefixed by "R." The term "Business Dis- trict" shall mean any district prefixed by "B." The term "Light Industry District" shall mean any district prefixed by "L.I.," and the term "Office Building District" shall mean any district prefixed by "O.B." DWELLING — A building designed or used exclusively as living quarters for one (1) or more families; the term shall not be deemed to include motel, hotel, rooming house • or tourist home. DWELLING, ONE-FAMILY — A detached building con- taining one (1) dwelling unit only. DWELLING, TWO-FAMILY — A detached building con- taining two (2) dwelling units only. 8909 § 89-3 MAMARONECK CODE § 89-3 DWELLING, MULTIFAMILY — A building or portion thereof containing three (3) or more dwelling units. DWELLING UNIT — A building or portion thereof pro- viding complete housekeeping facilities for one (1) family. FAMILY — One (1) or more persons occupying a dwell- • ing unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond. FLOOR AREA RATIO — The ratio of the aggregate floor area of a building, exclusive of attic and basement areas used only for storage or services incidental to the oper- ation or maintenance of the building, to the site area of the lot on which the building is located. FRONTAGE — The extent of a building or of land along a street. FRONT SETBACK LINE — A line parallel to the front lot line and at a distance therefrom equal to the minimum front yard dimension for the district in which located. GARAGE, PRIVATE — An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use. GARAGE, PUBLIC — A building or part thereof used for the storage, care, repair or painting of motor vehicles for remuneration, including any sale of motor vehicle ac- cessories, fuels and lubricants, or where motor vehicles i are kept for hire. GASOLINE STATION — Any area of land, including structures thereon, or any building or part thereof, that is used for the sale of gasoline or other motor vehicle ac- cessories, and which may or may not include facilities for 8910 § 89-3 ZONING § 8J-3 lubricating, washing, minor repairing or otherwise ser- vicing motor vehicles, but not including painting or body work. GRADE, FINISHED — The finished grade at any point along the wall of a building is the elevation of the com- pleted surfaces of lawns, walks and roads adjoining the wall at that point. HEIGHT OF BUILDING or STRUCTURE — The ver- tical distance to the level of the highest point of the roof's surface if the roof is flat or inclines not more than one (1) inch vertical to one (1) foot horizontal, or to the mean point between the eaves and the highest point of the roof if of any other type, or to the highest point of the structure if it has no roof, measured as follows: A. If the building adjoins the front property line or is not more than ten (10) feet distant therefrom: Measured at the center of the front wall of the building from the established grade of the curb; or, if no grade has been officially established, from the elevation of the existing curb; or, if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building. B. If the building is more than ten (10) feet from the front property line: Measured from the average level of the finished grade adjacent to the exterior • walls of the building. Where the finished ground surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three (3) feet above the established grade of the curb. HOME OCCUPATION — Any use customarily conducted entirely within a dwelling and carried on only by the 8911 § 89-3 MAMARONECK CODE § 89-3 residents thereof, which use is clearly incidental or secon- dary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barbershop, beauty parlor, hairdress- ing establishment, tearoom, tourist home, rooming house, animal hospital or any similar use shall not be deemed to be a home occupation. • HOSPITAL — Unless otherwise specified, the term "hos- pital" shall be deemed to include sanitarium, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of human ail- ments, but not including contagious diseases except, in- cidentally, alcoholism, drug addiction, epilepsy or mental diseases. HOUSE TRAILER —Any portable or mobile vehicle used or designed to be used for living or sleeping purposes. The term "trailer" shall include such a vehicle if mounted on temporary or permanent foundations, with or without the wheels in place. LOADING SPACE — Any off-street space available for the parking of one (1) truck for loading or unloading of goods, not less than fifteen (15) feet wide, forty (40) feet long and fourteen (14) feet high, and having direct usable access to a street or alley, except that where one (1) such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than twelve (12) feet. • LOT — A parcel of land, not divided by streets, occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this ordinance, and having its principal frontage on a street or on such other means of 8912 § 89-3 ZONING § 89-3 access as may be deemed, in accordance with the provision of law, to be adequate as a condition of the issuance of a building permit for a building on such land. LOT, CORNER —A lot of which at least two (2) adjacent sides abut on streets or public places. Any other lot is • an interior lot. That portion of a corner lot in excess of one hundred (100) feet from the widest street on which lot abuts shall be considered an interior lot. LOT, INTERIOR — A lot other than a corner lot. LOT AREA — The total horizontal area included within lot lines. LOT DEPTH — The mean horizontal distance between the front and rear lot lines, measured in the general direc- tion of the side lot lines. LOT WIDTH — The mean width of a lot measured at right angles to i`s depth. LOT LINES — The property lines bounding a lot as de- fined herein. LOT LINE, FRONT — The property line or lines sepa- rating the lot from the street or streets. MOTEL — A series of attached, semidetached or detached dormitory units, without kitchen facilities, having a pri- vate outside entrance for each unit, provided with an auto- mobile parking space convenient to each unit and pro- viding lodging with or without meals and other incidental services, for a transient clientele exclusively. NONCONFORMING USE — A use of a building or of land that does not conform to the regulations as to use 8913 § 89-3 MAMARONECK CODE § 89-3 in the district in which it is situated, which use was lawful at the time this ordinance or amendments thereto became effective. NURSERY SCHOOL — A nursery school is a school de- signed to provide daytime care and instruction to five (5) or more children under six (6) years of age and registered by the State Education Department. PARKING AREA — An off-street area containing one (1) or more parking spaces, with passageways and drive- ways appurtenant thereto. In general, there shall be an average of about three hundred fifty (350) square feet of parking area per parking space. PARKING SPACE — An off-street space available for the parking of one (1) motor vehicle on a transient basis, having dimensions of not less than nine by twenty (9 x 20) feet, exclusive of passageways and driveways appurtenant thereto, and giving access thereto and having direct usable street access to a street or alley. ROOMING HOUSE — Any building or portion thereof containing more than two (2) and less than ten (10) rooms without kitchen facilities that are used, rented or hired out to be occupied or that are occupied for sleeping pur- poses for compensation, whether the compensation be paid directly or indirectly. The term "rooming house" shall be deemed to include lodging house and boardinghouse, • but not tourist home, motel or multifamily dwelling. SIGN or SIGNS — As used in this ordinance means any material or structure or part thereof composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed, which is used outside of or on the ex- 8914 § 89-3 ZONING § 89-3 terior of any building, for display of an advertisement, announcement, notice, directional matter or name, and includes signs, billboards, signboards, illuminated signs or ground signs, but does not include signs erected and maintained pursuant to and in discharge of any govern- mental function. [Amended 4-17-63] • STORY — That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. A base- ment shall be counted as a story if the ceiling is more than five (5) feet above the level from which the height of the building is measured, or if it is used for business purposes, or for dwelling purposes by other than a janitor or watchman and his family. STORY, HALF — A story with at least two (2) opposite exterior sides meeting a sloping roof not more than two (2) feet above the floor of such story. STREET — An existing state, county or town highway, a street shown on a subdivision plat approved by the Town Planning Board under Sections 276 and 277 of the Town Law or a street on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to such Board of the power to approve plats. • STREET LINE — The line separating the street from the property abutting such street. STRUCTURE — Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including, but not limited to, signs, swimming pools, tennis courts. 8915 § 89-3 MAMARONECK CODE § 89-3 USABLE OPEN SPACE — A portion of the ground area of a lot which is available and accessible to all occupants of the building or buildings on said lot for outdoor recre- ation use, which area is not devoted to driveways or parking spaces, is at least twenty-five (25) feet in mini- mum dimension and has no more than ten percent (10%) of its area with a grade of more than five percent (5%). • USE — The specific purpose for which land or a build- ing is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use," or its equivalent, shall not be deemed to include any nonconforming use. USE, ACCESSORY — A use which is customarily in- cidental and subordinate to the principal use of a lot or a building and located on the same lot therewith and limited to the uses specifically listed in the schedule of permitted uses for the zoning district in which it is located. YARD — An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of build- ings and the nearest lot line and is unoccupied and un- obstructed from the ground upward, except for certain features specified in § 89-44. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid section as not to be considered in measuring yard dimensions or as being per- mitted to extend into any front, side or rear yard, respec- tively, and the measurement shall be taken at right angles from said line of the building to the nearest lot line. 8916 § 89-3 ZONING § 89-4 YARD, FRONT — A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. YARD, SIDE — A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot line, as the case may be. • YARD, REAR— A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. ARTICLE II Districts § 89-4. Establishment. The Town of Mamaroneck is hereby divided into the following classes of districts: R-50 Residence District (50,000 square feet) [Added 7-16-86 by L.L. No. 9, 1986] R-30 Residence District(30,000 square feet) R-20 Residence District (20,000 square feet) R-15 Residence District (15,000 square feet) R-10 Residence District (10,000 square feet) R-7.5 Residence District (7,500 square feet) R-6 Residence District (6,000 square feet) R-2F Two-Family Residence District R-GA Garden Apartment District R-A Attached Residence District R-TA Tower Apartment District OB-1 Office Building District 8917 4-25-R § 89-4 MAMARONECK CODE § 89-6 OB-2 Office Building District B Business District LI Light Industry District § 89-5. Zoning Map.2 Said districts are bounded and defined as shown on a sectional map • entitled "Official Zoning Map of the Town of Mamaroneck, New York,"adopted June 29, 1959, and certified by the Town Clerk, which, with all explanatory matter thereon, is hereby made a part of this ordinance. § 89-6. Boundaries. Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply: A. District boundary lines are intended to follow streets, rights- of-way, watercourses or lot lines, or be parallel or perpendicu- lar thereto, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map. B. Where district boundaries are indicated as following approxi- mately streets, rights-of-way or watercourses, the center lines thereof shall be construed to be such boundaries. C. The zoning classification of any water area within the town inshore from the mean low tide line on the effective date of this ordinance shall be deemed to be the same as the classification of the adjoining land area, and the zoning classification of any area extending outward from the shore beyond said mean low tide line shall be R-30. D. Where district boundaries are so indicated that they approxi • - mately follow lot lines, such lot lines shall be construed to be such boundaries. Editor's Note: For amendments to the Zoning Map subsequent to its adoption, consult copies on file at the Town Clerk's office. 8918 4-25-87 § 89-6 ZONING § 89-8 E. In unsubdivided property or where a district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on said Map, shall be determined by the use of the map scale shown thereon. 110 F. If the district classification of any land is in question, it shall be deemed to be in the adjoining district which ap- pears first in § 89-4. § 89-7. Divided properties. Where a lot in one (1) ownership of record at the time of the adoption of this ordinance or any amendment thereto is divided by one (1) or more district boundary lines, the Board of Appeals may permit the extension of a use or structure which is a permitted use in one (1) portion of said lot, into the portion in which it is not a permitted use, provided: A. The lot has frontage on a street in the district in which such use is permitted; B. The extension does not come within one hundred (100) feet of the street in the other district; and C. Conditions and safeguards are attached to such permit to protect existing or prospective development in the latter district. ® ARTICLE III Regulations § 89-8. Application. In interpreting and applying this ordinance, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, 8919 § 89-8 MAMARONECK CODE § 89-11 convenience and general welfare. This ordinance shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties, provided, how- ever, that where this ordinance imposes a greater restriction upon the use of buildings or land, or upon the erection, con- struction, establishment, moving, alteration or enlargement of buildings, than is imposed by other ordinances, rules, regulations, • licenses, certificates or other authorizations or by easements or covenants or agreements, the provisions of this ordinance shall prevail. Except as hereinafter provided, the following general regulations shall apply. § 89-9. Conformity required. No building shall be erected, moved, altered, rebuilt or en- larged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except i in conformity with this ordinance for the district in which such building or land is located. Any use not specifically permitted !' by this ordinance is prohibited. § 89-10. Lot requirements. Every building hereafter erected shall be located on a lot as herein defined. There shall be not more than one (1) main build- ing and its accessory buildings on one (1) lot, except for non- residential buildings and multifamily dwellings in districts where such uses are permitted. § 89-11. Yards and open spaces. • No yards or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any 3 Editor's Note: For additional regulations concerning yards, see § 89-44 of this chapter. 8920 § 89-11 ZONING § 89-14 other building; no yard or any other open space on one (1) lot shall be considered as a yard or open space for a building on any other lot. § 89-12. Lot subdividing. • Should a lot hereafter be formed from the p.art of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this ordinance with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this ordinance. § 89-13, Irregularly shaped lots. Where a question exists as to the proper application of any of the regulations of this ordinance to a particular lot or parcel because of peculiar or irregular shape of the lot or parcel, the Board of Appeals4 shall determine how such regulations shall be applied. § 89-14. Required street frontage. No permit shall be issued for any structure unless the lot upon which the structure is to be built has a frontage of at least the minimum width prescribed for the zone in which located on a street or highway, as defined in Section 280a of the Town • Law, which street or highway shall have been suitably improved or a bond posted therefor, as provided in said law, except where the Planning Board5 has approved a lesser width as part of a subdivision plan, as authorized by § 89-15. 4 Editor's Note: For additional information concerning the Board of Appeals, see § 89-77 of this chapter. 5 Editor's Note: For additional information concerning the Planning Board, see 89-15A of this chapter. 8921 § 89-15 MAMARONECK CODE § 89-16 § 89-15. Zoning modifications. A. Simultaneously with the approval of a subdivision plat, and pursuant to Section 281 of the Town Law, the Planning Board° is authorized to modify the zoning regulations with respect to lot area and dimensions where, for reasons of topography, shape or dimensions of the area to be sub- divided, such modification would permit a better sub- division layout, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the required minimum area, that no more than twenty percent (20%) of the lots shown on the plats shall have less than the required minimum area, and that no lot shall have less than eighty percent (80%) of the minimum area specified in Articles IV through VII, and further provided that no lot shall have a width at any point or a street line frontage of less than twenty-five (25) feet. B. Each approved modification of the zoning regulations shall be noted specifically on the plat, and a copy of the plat shall be filed with the Town Clerk. Upon the filing of said plat in the office of the County Clerk, the approved modifications shall be recorded as a part of this ordinance. § 89-16. Tidewater areas. 411 In areas adjacent to tidewater, no building or structure shall be erected with the elevation of a habitable floor lower than five (5) feet above mean high tide level. 6 Editor's Note: For additional regulations concerning the Planning Board, see §§ 89-14, 89-49, 89-58C and 89-80 of this chapter; Ch. 14, Building Code, § 14-102C; and Appendix, Part I, Subdivision Plats, § 1. 8922 § 89-17 ZONING § 89-20 § 89-17. Usable open space. Included in every lot hereafter developed in whole or in part for residence, there shall be provided at least the area of usable open space as defined herein and as specified in Articles IV through VII for each dwelling unit. • § 89-18. Accessory uses. All accessory uses shall be located on the same lot with the principal uses to which they are accessory. § 89-19. Schedule of regulations.? The schedule of regulations, Article IV through VII, which defines the use of land and buildings, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking space, loading space and all other matters contained herein as indicated for the various districts by this ordinance, is hereby adopted and declared to be a part of this ordinance. The regulations listed for each district as designated, reading from left to right across the schedule, are subject to all other provisions of this ordinance and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. Only those uses specifically listed as being permitted shall be permitted. ARTICLE IV Residence Districts: Permitted Uses § 89-20. One-Family Residence Districts: R-50, R-30, R-20, R-15, 410 R-10, R-7.5. [Amended 1-5-60; 4-17-63; 7-16-86 by L.L. No. 9, 1986] A. Principal uses. (1) One-family dwellings. (2) Churches and other places of worship. Editor's Note: The Schedule of Regulations was converted into Articles IV through VII,in accordance with the style of the('ode. 8923 4 -23-8 7 § 89-20 MAMARONECK CODE § 89-20 (3) Public elementary and high schools. (4) Water supply facilities. B. Special uses(subject to conformance to additional standards as provided in § 89-49). (1) Parochial and private elementary and high schools which meet the same site standards of the State Education Department as a public school. • (2) Nursery schools. (3) Nonprofit membership clubs. (4) Public utility substations serving the local area only and where it can be shown that it cannot be located in a nonresidential district. (5) Playground, park, parkway, parking lot, library, fire- house, police station or other municipal use, not including incinerators or dumps. C. Accessory uses (when located on the same lot with the principal uses to which they are accessory). (1) Professional office of a physician, dentist, chiropractor, architect, engineer or similar professional person, when conducted in a dwelling by the inhabitant thereof, with not more than one (1) nonresident employee or associate in any dwelling. (2) Keeping of not more than two(2) nontransient persons as roomers or boarders in any dwelling, provided that no sign is displayed and no separate cooking facilities shall be maintained in connection with such accessory use. (3) Private garden house, garage, toolhouse, playhouse, family swimming pool (as permitted by the Building Code'), tennis courts, greenhouse or similar private (Cont'd on page 8925) Editor's Note: See Ch. 14, Building Code. 8924 4-25-87 § 89-20 ZONING § 89-23 accessory use, not used for commercial or public pur- poses. (4) Off-street parking in accordance with §§ 89-63 through 89-66. (5) Parish house, rectory, Sunday-school rooms. • (6) Signs as provided in Article XIX of the Building Code. [Amended 4-17-63] § 89-21. One-Family Residence District: R-6. A. Principal uses. (1) Same as § 89-20A above. (2) Railways, not including switching, storage or freight yards or sidings. B. Special uses. Same as § 89-20B above. C. Accessory uses. Same as § 89-20C above. § 89-22. Two-Family Residence District: R-2F. A. Principal uses. (1) Same as § 89-20A above. (2) Two-family dwellings. B. Special uses. Same as § 89-20B above. • C. Accessory uses. Same as § 89-20C above. § 89-23. Garden Apartment District: R-GA. A. Principal uses. (1) All principal uses permitted and regulated in § 89-22 above. 8925 § 89-23 MAMARONECK CODE § 89-26 (2) Dwellings for more than two (2) families. B. Special uses. Same as § 89-20B above. C. Accessory uses. Same as § 89-20C above. § 89-24. Attached Residence District: R-A. • A. Principal uses. Same as § 89-23A above. B. Special uses. Same as § 89-20B above. C. Accessory uses. Same as § 89-20C above. § 89-25. Tower Apartment District: R-TA. A. Principal uses. (1) Same as § 89-23A above. (2) Professional office of a physician, dentist, chiro- practor, architect, engineer or similar professional person. B. Special uses. Same as § 89-20B above. C. Accessory uses. (1) Same as § 89-20C above. (2) Self-service laundry for use of the residents of an apartment building. ARTICLE V • Business and Industrial Districts: Permitted Uses § 89-26. Office Building District: OB-1. A. Principal uses. Any use permitted and as regulated in § 89-20A, except that there shall be no combination of residence and business uses on the same lot. 8926 § 89-26 ZONING § 89-28 B. Special uses (subject to conformance to additional stan- dards as provided in§ 89-49). Office buildings for business and professional use, including administrative, scientific, research and development, educational, statistical, financial and similar activities, but not including manufacturing or fabrication of products or the sale of goods at wholesale or retail. • C. Accessory uses. (1) Any accessory use customarily incident to a permitted use. (2) Signs, exterior spotlighting or other illumination of buildings as permitted by the Building Code. [Amended 4-17-63] § 89-27. Office Building District: OB-2. A. Principal uses: same as § 89-26A above. B. Special uses: same as § 89-26B above. C. Accessory uses: same as § 89-26C above. § 89-28. Business District: B. A. Principal uses. (1) Store for sale of goods at retail or performance of customary personal services or service clearly in- cidental to retail sales, but no fabrication or manufacturing except incidental to and on the same premises with such retail sales. • (2) Restaurant, cafe or other place serving food and beverages. [Repealed 6-2-76] (3) Indoor recreation or amusement establishments. (4) Business or professional offices. (5) Sale or hire of new or used motor vehicles, but no used car lot except as accessory to a new car dealer. 8927 8-25-79 § 89-28 MAMARONECK CODE § 89-28 (6) Municipal uses. (7) Public utility structures serving a local area. B. Special uses (subject to conformance to additional stan- dards as provided in § 89-49). (1) Gasoline filling stations and garages, including facilities for servicing and repair. • (2) Radio, television and other electronic transmission structures and towers. (3) Motels or hotels. (4) Veterinary hospital, boarding and care of small pets. (5) Undertaking and funeral homes. (6) Newspaper printing and publishing. (7) Automatic car-washing facilities as an adjunct to existing gasoline filling stations and/or public garages. [Added 12-1-65] (8) Nursery use: for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories, and gardener's masonry and incidental supplies (fruits, vegetables and food not permitted). The land area shall be sixty thousand (60,000) square feet or more if used for nursery business purposes. [Added 5-5-76] (9) Restaurants for the sale, service and consumption of food and drinks on the premises, and all food and drink services must be consumed in the principal building. This regulation does not permit the use of • lunch wagons, hot dog stands, diners, dining cars, fast-food operations, indoor counter-service restaurants intended to cater to motor vehicle trade which serve in disposable containers and provide on- premises or off-premises parking. No outdoor table service will be permitted. [Added 6-2-76] 8928 8-25-79 § 89-28 ZONING § 89-29 C. Accessory uses. (1) Any accessory building or use customarily incident to a permitted use. (2) Signs, exterior spotlighting or other illumination of buildings as permitted by the Building Code. • [Amended 4-17-63] § 89-29. Light Industry District: LI. A. Principal uses. (1) Nonresidential uses as permitted in the Business District. (2) Wholesale and storage business, provided that all storage is in buildings. (Cont'd on page 8929) • 8928.1 8-25-79 § 89-29 ZONING § 89-30 (3) Building, plumbing, electrical and similar contractor's establishments. (4) Laundry, dry cleaning. (5) Industrial uses, including the manufacture, fabrication, processing, converting, altering, assembly or other handling of products, the operations of which are • conducted solely within a building, use electrical power solely and normally are such that they will not cause or result in any: (a) Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration, radiation or interfer- ence with radio or television reception beyond the limits of the building in which the use is located. (b) Hazard of fire or explosion or other physical hazard. (c) Harmful discharge of waste materials. (d) Unusual traffic hazard or congestion due to the type of vehicles required in the use or due to the manner in which traffic enters or leaves the site of the use. B. Special uses. None. C. Accessory uses. Same as § 89-28C above. ARTICLE VI Residence Districts: Construction Requirements § 89-30. One-Family Residence District: R-50. [Added 7-16-86 by L.L. No. 9, 1986] A. Lot requirements. 411 (1) Minimum lot area per dwelling unit: fifty thousand (50,000) square feet. (2) Minimum lot width and length of street line frontage: one hundred fifty (150) feet. (3) Minimum depth of lot: one hundred fifty (150) feet. 8929 - -87 § 89-30 MAMARONECK CODE § 89-30 B. Yards, courts and open spaces. (1) Minimum front yard: fifty (50) feet. On a corner lot, a front yard should be provided on each street. (See § 89- 44F.) (2) Minimum side yards: thirty-five (35) feet for each side yard. (3) Minimum rear yard: fifty (50) feet. • (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen(15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five(5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (c) Minimum courts: as required by § 89-44G. (d) Usable open space(in square feet per dwelling unit): one thousand two hundred (1,200). C. Floor area. Minimum first floor area in square feet. (1) One (1) story: two thousand one hundred (2,100). (2) One and one-half(1%)stories: one thousand eight hundred (1,800). (3) Two and one-half(2%) stories: one thousand five hundred (1,500). D. Maximum heights. • (1) In stories: two and one-half(2%). (2) In feet: thirty-five (35). E. Off-street parking spaces. As required by §§ 89-63 through 89-66. 8930 4-25-87 § 89-30.1 ZONING § 89-30.1 § 89-30.1. One-Family Residence District R-30. [Amended 7-16- 86 by L.L. No. 9, 1986] A. Lot requirements. (1) Minimum lot area per dwelling unit: thirty thousand (30,000) square feet. (2) Minimum lot width and length of street line frontage: one 1111 hundred twenty-five (125) feet. (3) Minimum depth of lot: one hundred fifty (150) feet. B. Yards, courts and open spaces. (1) Minimum front yard: fifty (50) feet. On a corner lot, a front yard shall be provided on each street. (See § 89- 44F.) C. Minimum side yards. (1) Least one: twenty (20) feet. (2) Total of two (2): fifty (50) feet. ,i).54., (3) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one- third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. D. Minimum rear yard: fifty(50) feet. (1) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (2) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one- third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. 8931 4-25-87 § 89-30.1 MAMARONECK CODE § 89-31 (3) Minimum courts: as required by § 89-44G. (4) Usable open space (in square feet per dwelling unit): one thousand two hundred (1,200). E. Floor area. Minimum first floor area in square feet. (1) One (1) story: two thousand one hundred (2,100). (2) One and one-half(1%)stories: one thousand eight hundred 1110 (1,800). (3) Two (2) and two and one-half (2%) stories: one thousand five hundred (1,500). F. Maximum heights. (1) In stories: two and one-half(2%). (2) In feet thirty-five (35). G. Off-street parking. Minimum number of off-street parking spaces: as required by §§ 89-63 through 89-66. § 89-31. One-Family Residence District R-20. A. Lot requirements. (1) Minimum lot area per dwelling unit: twenty thousand (20,000) square feet. (2) Minimum lot width and length of street line frontage: one hundred (100) feet. (3) Minimum depth of lot one hundred twenty-five(125)feet. B. Yards, courts and open spaces. (1) Minimum front yard: forty (40) feet. On a corner lot, a front yard shall be provided on each street. (See § 89- 411 44F.) (2) Minimum side yards. (a) Least one: fifteen (15) feet. (b) Total of two (2): forty (40) feet. 8932 4-25-87 § 89-31 ZONING § 89-31 (c) An unattached accessory building not over one (1) story or fifteen(15)feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five(5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: forty (40) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen(15)feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five(5)feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line that the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. (5) Usable open space(in square feet per dwelling unit): one thousand two hundred (1,200). C. Floor area. Minimum first floor area in square feet. (1) One (1) story: one thousand nine hundred (1,900). (2) One and one-half (11/2) stories: one thousand seven hundred (1,700). (Cont'd on page 8933) 111/ 8932.1 4-25.87 § 89-31 ZONING § 89-32 (3) Two (2) and two and one-half (21/2) stories: one thousand four hundred (1,400). D. Maximum heights. (1) In stories: two and one-half (21/2). 110 (2) In feet: thirty-five (35) feet. E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. § 89-32. One-Family Residence District: R-15. A. Lot requirements. (1) Minimum lot area per dwelling unit: fifteen thousand (15,000) square feet. (2) Minimum lot width and length of street-line frontage: one hundred (100) feet. (3) Minimum depth of lot: one hundred (100) feet. B. Yards, courts and open spaces. (1) Minimum front yard: forty (40) feet. On a corner lot, a front yard shall be provided on each street. ('See § 89-44F.) (2) Minimum side yards. (a) Least one: ten (10) feet. (b) Total of two (2) : thirty (30) feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such 8933 § 89-32 MAMARONECK CODE § 89-32 accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect- ing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required mini- mum front-yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. (5) Usable open space (in square feet per dwelling unit) : one thousand two hundred (1,200). C. Floor area. Minimum first-floor area in square feet. (1) One (1) story: one thousand six hundred (1,600). (2) One and one-half (11/2) stories: one thousand three hundred (1,300). (3) Two (2) and two and one-half (21/2) stories: one thousand (1,000). D. Maximum heights. • (1) In stories: two and one-half (D A). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. 8934 § 89-33 ZONING § 89-33 § 89-33. One-Family Residence District: R-10. A. Lot requirements. (1) Minimum lot area per dwelling unit: ten thousand (10,000) square feet. 110 (2) Minimum lot width and length of street-line frontage: eighty-five (85) feet. (3) Minimum depth of lot: one hundred (100) feet. B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 89-44F.) (2) Minimum side yards. (a) Least one: ten (10) feet. (b) Total of two (2) : twenty-five (25) feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25) feet. 410 (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect- ing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may 8935 § 89-33 MAMARONECK CODE § 89-34 be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. • (5) Usable open space (in square feet per dwelling unit) : one thousand two hundred (1,200). C. Floor area. Minimum first-floor area in square feet. (1) One (1) story: one thousand four hundred (1,400). (2) One and one-half (11/2) stories: one thousand one hundred (1,100). (3) Two (2) and two and one-half (21/2) stories: nine hundred (900). D. Maximum heights. (1) In stories: two and one-half (21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. § 89-34. One-Family Residence District: R-7.5. A. Lot requirements. 4111. (1) Minimum lot area per dwelling unit: seven thousand five hundred (7,500) square feet. (2) Minimum lot width and length of street-line frontage: seventy-five (75) feet. (3) Minimum depth of lot: one hundred (100) feet. 8936 § 89-34 ZONING § 89-34 B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 89-44F.) 111. (2) Minimum side yards. (a) Least one: ten (10) feet. (b) Total of two (2) : twenty (20) feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (3) Minimum rear yard: twenty-five (2') feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect- ing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such 410 accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. (5) Usable open space (in square feet per dwelling unit) : one thousand two hundred (1,200). 8937 § 89-34 MAMARONECK CODE § 89-35 C. Floor area. Minimum first-floor area in square feet. (1) One (1) story: one thousand two hundred (1,200). (2) One and one-half (11/;) stories: one thousand (1,000). (3) Two (2) and two and one-half (21/2) stories: eight hundred (800). D. Maximum heights. (1) In stories: two and one-half (21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. § 89-35. One-Family Residence District: R-6. A. Lot requirements. (1) Minimum lot area per dwelling unit: six thousand (6,000) square feet. (2) Minimum lot width and length of street-line frontage: sixty (60) feet. (3) Minimum depth of lot: one hundred (100) feet. B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 89-44F.) (2) Minimum side yards. (a) Least one: eight (8) feet. (b) Total of two (2) : eighteen (18) feet. 8938 § 89-35 ZONING § 89-35 (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located • nearer to the street line than the required mini- mum front-yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect- ing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- ` yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. (5) Usable open space (in square feet per dwelling unit) : one thousand two hundred (1,200). C. Floor area. Minimum first-floor area in square feet. (1) One (1) story: one thousand (1,000). (2) One and one-half (11/2) stories: eight hundred (800). (3) Two (2) and two and one-half (21/2) stories: seven hundred (700). D. Maximum heights. (1) In stories: two and one-half (21/2). (2) In feet: thirty-five (35). 8939 § 89-35 MAMARONECK CODE § 89-36 E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. § 89-36. Two-Family Residence District: R-2F. A. Lot requirements. • (1) Minimum lot area per dwelling unit: five thousand (5,000) square feet. [Any lot existing in the R-2F Zone in single and separate ownership on June 29, 1959, having at least seven thousand five hundred (7,500) square feet, may be used for two-family residence.] (2) Minimum lot width and length of street-line frontage: fifty (50) feet per dwelling unit. [Amended 4-17-63] (3) Minimum depth of lot: one hundred (100) feet. B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 89-44F.) (2) Minimum side yards. (a) Least one: eight (8) feet. (b) Total of two (2) : eighteen (18) feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and 41111. located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. 8940 § 89-36 ZONING § 89-36 (3) Minimum re.ar yard: twenty-five (25) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect- ing which yard is to be the rear yard. • (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. (5) Usable open space (in square feet per dwelling unit) : one thousand two hundred (1,200). C. Floor area. Minimum first-floor area in square feet. (1) One (1) story: one thousand (1,000). (2) One and one-half (11/2) stories: eight hundred (800). (3) Two (2) and two and one-half (21/2) stories: seven hundred (700). D. Maximum heights. 4110 (1) In stories: two and one-half (21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ •89-63 through 89-66. 8941 § 89-37 MAMARONECK CODE § 89-37 § 89-37. Garden Apartment District: R-GA. A. Lot requirements. (1) Minimum lot area per dwelling unit: three thousand five hundred (3,500) square feet. (2) Minimum depth of lot: one hundred fifty (150) feet. i (3) Maximum coverage of lot: twenty percent (20%). B. Yards, courts and open spaces. (1) On a corner lot, a front yard shall be provided on each street. (See § 89-44F.) (2) Minimum side yards. (a) Least one: fifty (50) feet. (b) Total of two (2) : one hundred (100) feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (3) Minimum rear yard: forty (40) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect • - ing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (1'5) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet 8942 § 89-37 ZONING § 89-38 from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. • (5) Usable open space (in square feet per dwelling unit) : four hundred (400). C. Floor area. Minimum floor area per dwelling unit: an average of seven hundred fifty (750) square feet per dwelling unit. D. Maximum heights. (1) In stories: two and one-half (21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. § 89-38. Attached Residence District: R-A. A. Lot requirements. (1) Minimum lot area per dwelling unit: two thousand five hundred (2,500) square feet. (2) Minimum depth of lot: one hundred (100) feet. (3) Maximum coverage of lot: twenty percent (20%). B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 89-44F.) 8943 § 89-38 MAMARONECK CODE § 89-38 (2) Minimum side yards. (a) Least one: fifteen (15) feet. (b) Total of two (2) : thirty (30) feet. (c) An unattached accessory building not over one (1) •story or fifteen (15) feet in height and • located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect- ing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. (5) Usable open space (in square feet per dwelling unit) : three hundred (300). C. Floor area. Minimum floor area per dwelling unit: an average of seven hundred fifty (750) square feet per dwelling unit. 8944 § 89-38 ZONING § 89-39 D. Maximum heights. (1) In stories: two and one-half (21/2). (2) In feet: thirty-five (3'5). E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. § 89-39. Tower Apartment District: R-TA. A. Lot requirements. (1) Minimum lot area per dwelling unit: one thousand five hundred (1,500) square feet. (2) Minimum depth of lot: one hundred (100) feet. (3) Maximum coverage of lot: twenty percent (20%). B. Yards, courts and open spaces. (1) Minimum front yard: fifteen (15) feet. On a corner lot, a front yard shall be provided on each street. (See § 89-44F.) (2) Minimum side yards. (a) One and one-half (11/9) inches per foot of build- ing height, but not less than five (5) feet or one • (1) inch for each foot of building length, mini- mum of ten (10) feet from a street. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such 8945 § 89-39 MAMARONECK CODE § 89-39 accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (3) Minimum rear yard: three (3) inches per foot of building height, but not less than fifteen (15) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of elect- ing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and lo- cated on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front- yard setback for the zoning district. (4) Minimum courts: as required by § 89-44G. (5) Usable open space (in square feet per dwelling unit) : two hundred (200). C. Floor area. Minimum floor area per dwelling unit: an average of seven hundred fifty (750) square feet per dwelling unit. D. Maximum heights. • (1) In stories: six (6). (2) In feet: seventy (70). E. Off-street parking. Minimum number of off-street park- ing spaces: as required by §§ 89-63 through 89-66. 8946 § 89-40 ZONING § 89-40 ARTICLE VII Business and Industrial Districts: Construction Requirements § S9-40. Office Building Districts: OB-1 and OB-2. A. Lot requirements. • (1) Minimum lot area. (a) OB-1: one and five-tenths (1.5) acres. (b) OB-2: two and five-tenths (2.5) acres. (2) Minimum width at front setback line: two hundred (200) feet. (3) Maximum building coverage: fifteen percent (15%). B. Minimum yards. (1) Front yards: fifty (50) feet. (a) No parking shall be permitted in front of any building unless the building setback from the street is at least seventy-five (75) feet. (b) Wherever a front, side or rear yard abuts a non- residential district or abuts a street, the opposite side of which is in a nonresidential district, such yard may be reduced to not less than fifteen (15) feet. (2) Side yards: fifty (50) feet each. (a) Some planting requirement as for business where a lot adjoins a residence district or abuts a street, • the opposite side of which is in a residence dis- trict. (b) Wherever a front, side or rear yard abuts a nonresidential district or abuts a street, the op- posite side of which is in a nonresidential dis- trict, such yard may be reduced to not less than fifteen (15) feet. 8947 § 89-40 MAMARONECK CODE § 89-40 (3) Rear yards: fifty (50) feet [except that this may be reduced to twenty-five (25) feet next to a railroad]. (a) Some planting requirement as for business where a lot adjoins a residence district or abuts a street, the opposite side of which is in a residence district. • (b) Wherever a front, side or rear yard abuts a non- residential district or abuts a street, the opposite side of which is in a nonresidential district, such yard may be reduced to not less than fifteen (15) feet. C. Maximum floor area (as a percentage of lot area) : thirty- five percent (35%). D. Maximum heights. (1) In stories: two and one-half (21/2). (2) In feet: thirty-five (35). E. Minimum number of off-street parking spaces: see §§ 89-63 through 89-66. F. Minimum off-street loading space: see § 89-70. G. Other provisions and requirements: (1) All permitted storage, except for the parking of motor vehicles, shall be entirely within a building. (2) All lighting shall be so located and shaded that the light source itself is not visible beyond the boun 4111 - daries of the lot upon which it is located. (3) Parking areas shall be permanently and suitably screened with evergreen planting and shall be set back from all lot boundaries a distance sufficient to provide a space for such planting. 8948 § 89-40 ZONING § 89-41 (4) Access and service drives shall be laid out in such a manner that connections with the street or streets on which the lot has frontage are located and de- signed so as to avoid unsafe conditions or traffic congestion. Except where no other street access is available, no entrance or exit drive shall be allowed 1110 from any street, the opposite side of which abuts a residential district. (5) No building permit or certificate of occupancy shall be issued for any office building or accessory build- ing or use except in accordance with a plan of devel- opment, architectural design and landscaping, ex- terior lighting or signs, approved by the Town Board following recommendations by the Planning Board and Board of Architectural Review, as provided in § 89-49E of this ordinance. § 89-41. Business District: B. A. Lot requirements. (1) Minimum lot area: none. (2) Minimum width at front setback line: none. (3) Maximum building coverage: twenty-five percent (25%). B. Minimum yards. 441, (1) Front yards: none, but no parking shall be permitted in front of any building unless the building setback from the street line is at least seventy-five (75) feet. (2) Side yards: (a) No side yard required, but if provided shall be at least four (4) feet; except where a lot adjoins 8949 § 89-41 MAMARONECK CODE § 89-41 a residence district, there shall be a side yard of at least ten (10) feet, which shall be perman- ently and suitably planted with evergreens to form a landscaped screen. (b) A corner lot adjacent to a residence district shall have a minimum setback of five (5) feet from the 1110. street upon which said residence district has frontage. (3) Rear yards: no rear yard required, except where a lot adjoins a residence district, in which case the rear yard shall be at least twenty-five (25) feet, at least ten (10) feet of which shall be permanently, suitably planted with evergreens to form a landscaped screen. C. Maximum floor area (as a percentage of lot area) : fifty percent (50%). D. Maximum heights. (1) In stories: two (2). (2) In feet: thirty (30). E. Minimum number of off-street parking spaces: see §§ 89-63 through 89-66. F. Minimum off-street loading space: see § 89-70. G. Other provisions and requirements: (1) All permitted storage, except for the parking of motor vehicles, shall be entirely within a building. (2) All lighting shall be so located and shaded in a manner that the light source itself is not visible be- yond the boundaries of the lot on which it is located. 8950 § 89-42 ZONING § 89-42 § 89-42. Light Industry District: LI. A. Lot requirements. (1) Minimum lot area: none. (2) Minimum width at front setback line: none. ISO (3) Maximum building coverage: fifty percent (50%). B. Minimum yards. (1) Front yards: none. (2) Side yards: (a) No side yard required, but if provided shall be at least four (4) feet; except where a lot adjoins a residence district, there shall be a side yard of at least ten (10) feet, which shall be perman- ently and suitably planted with evergreens to form a landscaped screen. (b) A corner lot adjacent to a residence district shall have a minimum setback of five (5) feet from the street upon which said residence district has frontage. (3) Rear yards: No rear yard required, except where a lot adjoins a residence district, in which case the rear yard shall be at least twenty-five (25) feet, at least ten (10) feet of which shall be permanently, suitably planted with evergreens to form a landscaped screen. • C. Maximum floor area (as a percentage of lot area) : one hundred percent (100%). D. Maximum heights. (1) In stories: two (2). (2) In feet: thirty (30). 8951 § 89-42 MAMARONECK CODE § 89-44 E. Minimum number of off-street parking spaces: see §§ 89-63 through 89-66. F. Minimum off-street loading space: see § 89-70. G. Other provisions and requirements: (1) All permitted storage, except for the parking of • motor vehicles, shall be entirely within a building. (2) All lighting shall be so located and shaded in a manner that the light source itself is not visible beyond the boundaries of the lot on which it is located. ARTICLE VIII Supplementary Regulations § 89-43. General. The provisions of this ordinance shall be subject to such ex- ceptions, additions or modifications as herein provided by the following general supplementary regulations. § 89-44. Yards, setbacks and courts.8 A. Terraces and porches. A paved terrace, not more than six (6) inches above the level of the ground upon which it rests, whether adjacent to a dwelling or not, shall not be considered in the determination of yard size or lot 411 coverage; provided, however, that such terrace is un- roofed and without walls, parapets or other forms of enclosures; but such terraces may have an open guardrail not over three (3) feet high and shall not project into 8 Editor's Note: For additional regulations concerning yards and courts, see § 89-11 of this chapter; and Ch. 14, Building Code, §§ ]4-22 and 14-38F. 8952 § 89-44 ZONING § 89-44 any yard to a point closer than five(5) feet from any side or rear lot line. Any porch, either open or enclosed, shall be considered a part of the building in the determination of the size of the yard or the amount of lot coverage. [Amended 4-17-63] B. Projecting architectural features. Cornices, eaves, chim- neys, bay windows, windowsills, belt courses and other architectural features may project not more than two (2) feet into any required yard. The sum of any bay window projections on any wall shall not exceed one-fourth(1/4) the length of such wall, and no such projecting bay window shall have a total length of more than ten (10) feet nor be more than one (1) story in height. C. Fire escapes. Open fire escapes may extend into any required yard not more than six (6) feet; provided, however, that such fire escape shall not be closer than four (4)feet at any point to any lot line. D. Walls and fences.'The yard requirements of this ordinance shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residence district such fence or wall shall not exceed four (4) feet in height in any required yard, except where ap- proved by the Board of Appeals. Walls and fences are subject to § 89-44E. E. Visibility at intersections.At any street intersection in any residential district, no fence, wall or other structure or planting more than three (3) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty (30) feet distant from 411 the point of intersection, measured along said street line. The height of three (3) feet shall be measured above the road surface at the nearest edge of the road. This sub- section shall not apply to existing trees, provided that no branches are closer than six (6) feet to the ground. This provision shall be in addition to the provisions of§ 46-2 of Chapter 46. 'Editor's Note: See also Ch. 14, Building Code, Article XXI, for additional provisions concerning fences. 8953 8.25.79 § 89-44 MAMARONECK CODE § 89-45 F. Corner lots. On a corner lot in any residence district, there shall be provided a yard on each street equal in depth to the required front yard on such streets. A rear yard shall be provided on each corner lot,and the owner shall elect which yard is the rear yard. G. Courts. The least dimension of any inner court at the sill level of the lowest windows shall be equal to the height of the highest wall forming a part of such court. The depth of 110 any outer court shall not exceed one-half(1) its width, and such width shall not be less than fifteen(15)feet. § 89-45. Height exceptions. A. The height limitations of this ordinance shall not apply to spires, cupolas and domes of churches, nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features, and necessary mechanical or amateur electronic devices and appurtenances usually carried above the roof level. Such features, however, shall be erected only to such heights as are necessary to accomplish the purpose they are intended to serve, and the total area covered by such features shall not exceed ten percent (10%) of the area of the roof on which they are located. Exceptions to the ten- percent area limitation may be provided for energy con- servation devices; provided, however, that application for any such exception shall not be treated as a request for a variance under the Zoning Ordinance but shall be filed with the Town Board as an application for a special-use permit pursuant to§§ 89-48 through 89-53 of this Code. The Town Board may refer any such application to other official bodies for comment and recommendation before acting thereupon. No structure having a height of more than seventy(70) feet in an R-TA District or more than fifty (50) • feet in any other district shall be erected unless approved by the Board of Appeals. [Amended 3-21-79] B. The provisions of this ordinance shall not prevent the erection above the building height limit of a parapet wall or cornice, for ornament and without windows, extending above such height limit not more than five(5) feet. 8954 8-26-79 § 89-46 ZONING § 89-48 § 89-46. Minimum house size. [Amended 4-17-63] No dwelling unit erected or created by alteration subsequent to the adoption of this ordinance shall have a first-floor area less than that required in the schedule of regulations. Such floor area shall include all floor area used for human occupancy within the exterior walls of the building, as defined in the Building Code of the Town of Mamaroneck,' but shall not include open porches or breezeways, garages, basements or uninhabitable attic space. For the purpose of this section,the first-floor area of a split-level house shall be deemed to be the total area of the lowest habitable floor or floors. Where the second-story area, in square feet, used for human occupancy exceeds the minimum first-floor area as required by this section and the Schedule of Residence District Regulations'referred to in§ 89-19 of this ordinance,the minimum house size in square feet shall be the area of the second story used for human occupancy. § 89-47. Dwellings in house trailers and accessory buildings. A. House trailers, as defined in this ordinance, shall be prohibited from all districts,except that one(1) trailer may be parked or stored in an enclosed accessory garage or accessory building, provided that no living quarters shall be maintained nor any business conducted in connection therewith while such trailer is stored. B. Any accessory building on the same lot with a main residence building shall not be used for residence purposes, except for domestic employees of the owners or of the tenants of the main building who are employed on the premises. • ARTICLE IX Special Use Permits § 8948. General. The special uses for which conformance to additional standards is required by this ordinance shall be deemed to be permitted 'Editor's Note: See Ch. 14, Building Code. 2 Editor's Note: Included as Article VI of this chapter. 8955 11-25-85 1 § 89-48 MAMARONECK CODE § 89-49 uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this ordinance.All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. § 89-49. Applications. [Amended 5-4-77; 12-19-84 by L.L. No. 10, 1984] A. Applications for required special permits shall be made to the Planning Board. Such applications shall be accompanied by a fee of one hundred dollars($100.) and be on a form pre- scribed by the Planning Board requiring the following in- formation: (1) The name of the applicant and owner of the property. (2) The location of the property, intersecting streets and the Tax Map description. (3) The present use at the proposed location for special permit. (4) The proposed use at the location for the special permit. (5) Any construction which will be required. (6) A list of all other permits or applications which must be made by the applicant in order to proceed with the use. (7) The signature of the applicant with a certification that the information contained in the application is true. B. All applications shall be accompanied by an environmental clearance form and environmental assessment form, both of which shall be in such form as approved by the Planning Board. • C. The application shall be accompanied by fifteen (15) sets of plans for the proposed development which shall show the lo- cation of all buildings, parking areas,traffic access and circu- lation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties, that may be neces- 8956 11-25-85 § 89-49 ZONING § 89-50 sary to determine and provide for the enforcement of this or- dinance. The plans submitted shall contain a detailed archi- tectural design of all buildings and a landscaping plan, as well as plans and specifications for signs which the applicant proposes to use in connection with the buildings to be erected. D. The applicant shall submit a list of all property owners with- in a three-hundred-foot radius of the subject property, along with their addresses and a certification that the applicant has compared the names and addresses with the records main- tained in the Town of Mamaroneck Assessor's office and that said list contains the names and addresses of all owners of property within a three-hundred-foot radius of the property which is the subject of the application. E. Upon receipt of an application,the Planning Board shall send a copy of the application and plans to the Police Department, Fire Department,Traffic Committee,Town Engineer, Build- ing Inspector and any other agency it deems appropriate for review and comment. § 89-50. Requirements.[Amended 12-19-84 by L.L.No. 10, 1984] The Planning Board shall not grant a special permit unless, upon public hearing, it determines the following. A. That the proposed use is in general harmony with the sur- rounding area and shall not adversely impact upon adjacent properties due to the traffic generated by said use, or the ac- cess of traffic from said use onto and off of adjoining streets. B. The operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights, or other aspects• than would be the operations of any permitted use not requir- ing a special permit. C. That the proposed special permit use will be in harmony with the general health, safety, and welfare of the surrounding area, and that by the nature of its particular location it will not adversely impact upon surrounding properties or sur- rounding property values. 8957 ii-25-85 § 89-50 MAMARONECK CODE § 89-53 D. That there are not existing violations of this ordinance on the property which is the subject of the application. § 89-51. Hearings.[Amended 12-19-84 by L.L.No. 10, 1984] A. Upon receipt of an application containing all necessary in- formation and plans, the Planning Board shall, within sixty • (60) days of receipt of a completed application, hold a public hearing on said application upon ten (10) days notice pub- lished in The Daily Times and with further notice by regular mail to property owners within a three-hundred-foot radius of the property in question. B. Within sixty (60) days of the close of the public hearing, the Planning Board shall render its decision, based upon the evi- dence produced before it at the public hearing. C. The Planning Board shall grant a special permit if it deter- mines that the applicant complies with all requirements for the issuance of a permit under this Zoning Ordinance. § 89-52. Conditions and safeguards.[Amended 12-19-84 by L.L. No. 10, 1984] The Planning Board shall attach such conditions and safeguards to the special permit as are necessary to assure the continual confor- mance with all applicable standards and requirements. All special permits shall be issued for a period of no more than two(2)years and that upon the expiration of the two-year period, the applicant must apply for an extension of the special permit and demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension. • § 89-53. Expiration of permits. [Amended 12-19-84 by L.L. No. 10, 1984] A special permit shall be deemed authorized only for the particu- lar use or uses specified and shall further permit only the applicant to conduct such use. Should the applicant at any time cease to con- 8958 11-25-85 § 89-53 ZONING § 89-53 duct the use for which a permit has been granted, then any other person, firm or corporation seeking to conduct said use at the same location must apply for a special permit for said use. Further, should the use at any time be abandoned for a period of nine (9) months, then said permit is deemed to have expired and any other and furth- er use on that property requiring a special permit shall only be per- mitted after compliance with the requirements for an application for a new permit. (Cont'd on page 8959) • 8958.1 11-25-85 § 89-54 ZONING § 89-56 ARTICLE X Nonconforming Uses § S9-54. Continuing existing uses. Except as otherwise provided in this ordinance, the lawfully 111 permitted use of land or buildings existing at the time of the adoption of or any amendment to this ordinance may be con- tinued although such use does not conform to the regulations specified by this ordinance for the district in which such land or building is located. Said uses shall be deemed nonconform- ing uses. § 89-55. Use of land. Where no building is involved, the nonconforming use of land may be continued, provided, however, that no such nonconform- ing use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that lawfully occupied by such use at the time it became legally nonconforming, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of the provision of this ordinance that made it nonconforming; pro- vided further, that if such nonconforming use of land or any portion thereof ceases for any reason for any continuous period of more than ninety (90) days, or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this ordinance. No nonconforming use of land shall be changed to another nonconforming use. § 89-56. Use of buildings. A. A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless such 8959 § 89-56 MAMARONECK CODE § 89-56 building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated. B. Such nonconforming building shall not be structurally altered unless authorized under § 89-59 or unless such 1 alterations are required by law, provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted; and provided further that any such nonconforming use may be extended throughout any parts of the building which were lawfully and manifestly ar- ranged or designed for such use at the time of the adop- tion of the provision of this ordinance that made said use nonconforming. C. A nonconforming use of a building may be changed only to a conforming use. D. If any nonconforming use of a building ceases for any reason for a continuous period of more than one (1) year, or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever, for any reason, then any future use of such building shall be in conformity with the regulations specified by this ordinance for the district in which such building is located. E. If any building in or on which any nonconforming use is • conducted or maintained is hereafter removed, the subse- quent use of the lot on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this ordinance for the district in which such land or building is located. 8960 § 89-57 ZONING § 89-58 § 89-57. Deviations. A building that is conforming in use but does not meet the height, yard, court, floor area, parking, loading, open space or land coverage requirements of this ordinance shall not be con- sidered to be nonconforming within the meaning of § 89-56. However, no permit shall be issued that will result in an in- crease in the extent by which such building fails to meet such requirements. § 89-58. Undersize lots. A. A permit may be issued, subject to § 89-81, for the erec- tion of a building housing a permitted use on any 1 t existing in single separate ownership as of the date of adoption of this ordinance or of any amendment thereto, or as to which a valid conveyance or contract of sale has been executed and delivered prior to such date, which lot does not meet the requirements of this ordinance with respect to area, depth, width or frontage, provided, how- ever, that where the owner of any such lot also owned or had under contract to purchase adjoining land on such date, such other land or so much thereof as may be necessary shall be combined with the original lot to make a single lot meeting such requirements, if possible. Other- wise, it shall be combined to make a lot which meets tt such requirements to the fullest extent possible. • B. In the case of a lot which does not meet the required dimensions in a residence district, the minimum required front and rear yards shall be those of the residence dis- trict in which said lot's depth would meet the current requirements, the minimum required side yards shall be those of the residence district in which said lot's width would meet the current requirements, and the minimum 8961 § 89-58 MAMARONE'CK CODE § 89-59 required floor area shall be that of the residence district in which said lot's area would meet the current require- ments. C. A permit may be issued for the erection of a building housing a permitted use on any lot shown as a separate parcel upon a subdivision map or plat duly approved by4410 the Planning Board" of the Town of Mamaroneck and recorded in the office of the County Clerk, Division of Land Records, prior to the effective date of this ordinance, provided, however, that the owner or subdivider has filed with the Planning Board a bond for the completion of the street improvements and utilities as required by the Planning Board under the provisions of Sections 277 and 278 of the Town Law, or, in the alternative, such street improvements and utilities have been completed as required by the Planning Board. § 89-59. Damaged buildings. If any building shall be accidentally destroyed or damaged due to fire, explosion or other cause to the extent of not more than fifty percent (50%), above the foundations, of its repro- duction value at the time of the damage, as determined by the Building Inspector,Z5 it may be restored on its original founda- tions, but if damaged or destroyed to a greater extent, it never- theless may be rebuilt or restored to provide an equivalent livable or usable area, but it shall conform to the side-yard requirements in this ordinance, and if such building be a dwelling, it shall not be nearer to the street than the average distance of the dwellings on the lots adjacent thereto on each side, or if there be none adjacent, the average of the two (2) nearest dwellings on the same side of the street in the same 14 Editor's Note: For additional regulations concerning the Planning Board, see $ 89-15A of this chapter. 15 Editor's Note: For additional information concerning the Building Inspector, see $ 89-71 of this chapter; and Ch. 14, Building Code, $ 14-2. 8962 § 89-59 ZONING § 89-62 block, provided that such buildings when restored shall comply with the structural requirements of the Building Code.16 This section shall not apply unless such building is restored within twelve (12) months of such damage or destruction. § 89-60. Nonconforming signs. [Amended 4-17-63] Notwithstanding the provisions of this ordinance or the Build- ing CodeZ7 of the Town of Mamaroneck as amended by this resolution, nothing contained in this resolution shall affect the status of signs which do not comply with the provisions of the Zoning Ordinance adopted by the Town of Mamaroneck on June 29, 1959, and effective on August 7, 1959, as of the date of the adoption of this resolution, except that such signs may continue in use not longer than the period permitted by §§ 14-105 and 14-108 of the Building Code18 as amended by this resolution. § 89-61. Completion of buildings under construction. Any building for which a permit has been duly granted prior to the effective date of any amendment to this ordinance which makes such building nonconforming as to use or causes it to deviate in other respects from the height, yard, court, floor area, parking, loading, open space or land coverage requirements of this ordinance, may be completed in accordance with the plans on file with the Building Inspector, subject, however, to the pro- visions of § 89-75 of this ordinance. § 89-62. Existing special uses deemed conforming. 411 [Amended 4-17-63] Any use lawfully existing on the effective date of this amended ordinance or on the date of any subsequent amendment to this ordinance, in the district in which such use is or was at that 16 Editor's Note: See Ch. 14, Building Code. 17 Editor's Note: See Ch 14, Building Code. 18 Editor's Note: See Ch 14, Building Code. 8963 § 89-62 MAMARONECK CODE § 89-64 time classified in the ordinance as one requiring a special permit, shall, without further action, be deemed to be a conforming use in such district. Any extension of or addition to such use, or any enlargement or extension of any building or structure, shall be subject to the requirements of §§ 89-48 through 89-52, in- clusive, of this ordinance, and said sections shall apply to such extension, addition or enlargement of any use, building or structure in like manner as to original permitted special uses. ARTICLE XI Off-Street Parking,19 Loading and Vehicular Access § 89-63. General. It is the intention of this ordinance that all structures and land uses be provided with a sufficient amount of off-street motor vehicle parking to meet the needs of persons employed at or making use of such structures or and uses, and sufficient off- street loading and unloading facilities to meet the needs of such structures or land uses. § 89-64. Required space to be shown om plan. The plans for any new building or any expansion of an exist- ing building, when submitted for a building permit, shall show specifically the location and size and type of improvement of the off-street parking or loading space required to comply with this ordinance, and the means of access to such space from the public streets or highways. Except for one- and two-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvement is approved by the Town Engineer, who shall determine that traffic access, traffic circulation and general layout of the parking 19 Editor's Note: For additional regulations concerning parking, see Ch. 81, Vehicle and Traffic, Article III. 8964 § 89-64 ZONING § 89-65 facility are planned with regard to safety to traffic on the public street, and safety and adequacy of access for cars and pedestrians using the parking facility. No certificate of occu- pancy shall be issued for any building or land use until the required off-street parking space has been established. 110 § 89-65. Existing buildings and uses. A. Buildings and land uses in existence or for which build- ing permits have been approved on the effective date of this amended ordinance shall be subject to the parking or loading space requirements of this ordinance on the date of such permit or the date the use was established, in the case of existing uses, provided that any parking and loading facilities then existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required park- ing and loading facilities shall, however, be provided as a condition for the issuance of any building permit for any enlargement of such structures or uses in the future, but in the case of exceptional difficulty or unusual hard- ship to such properties arising out of this requirement, appeal may be made to the Board of Appeals." In act- ing upon such case, the Board of Appeals shall require such degree of compliance as it may deem reasonable for that part of the structure or use that is legally noncon- forming, but shall not waive any part of the requirement 4110 for that part of the structure or use that constitutes an enlargement or expansion, and shall not permit reduction or elimination of whatever quantity of parking may al- ready be in existence unless it is in excess of require- ments. s0 Editor's Note: For additional regulations concerning the Board of Appeals, see § 89-77 of this chapter. 8965 § 89-65 MAMARONECK CODE § 89-66 B. Required off-street parking facilities which, after de- velopment, are later dedicated to and accepted by the town, shall be deemed to continue to serve the uses or structures for which they were originally provided. § 89-66. Off-street parking requirements. A. Off-street motor vehicle parking facilities shall be pro- vided as follows, except as provided above or where addi- tional parking requirements may be made as a condition of the issuance of a special permit under § 89-49, in which case provisions of that section shall apply. Type of use Minimum requirements One- and two- 1 space for each dwelling unit family dwellings Multifamily dwell- 11/2 outdoor spaces for each dwell- ings for three or ing unit located within 200 feet by more families the most direct walking route to, and shall be readily accessible to, the exterior entrance or entrances of the multifamily dwelling units they serve, and shall be in addition to any other space located within a garage [Amended 4-17-63] Professional office 2 spaces in addition to spaces re- or home occupation quired for residential units, except ,) permitted in a that medical or dental offices shall residential zone as have 4 spaces for each doctor or an accessory use dentist in addition to residential ' parking requirements Rooming or board- 1 space for each guest sleeping room, ing house plus 1 space per resident family Hospital, clinic, 1 space for each patient bed, exclud- sanitarium or ing bassinets, plus 1 space for each 8966 § 89-66 ZONING § 89-66 Type of use Minimum requirements convalescent home person employed in the building Theater, audi- 1 space for each 5 seats or 200 square torium, athletic feet in such place of assembly, field or other place whichever would be greater of public assembly other than a church Church or other 1 space for each 5 seats or pew place of worship spaces Bowling alley 5 spaces for each alley ( Other center of 1 space for every 200 square feet of public amusement, floor space devoted to patron use the capacity of which cannot be measured in terms of seats Restaurant or place 1 space for each 50 square feet of dispensing food or floor space devoted to patron use drink a oo Retail or service 1 space for each 100 square feet of business floor space Wholesale storage, 1 space for each person for which utility)or other the building or use is designed commercial building l l f f- '- or use Office for business 1 space for each 200 square feet of or professional use floor area Funeral parlor or At least 10 spaces, plus 1 space for undertaking each person working in such estab- establishment lishment B. Reasonable and appropriate off-street parking require- ments for structures and land uses which do not fall 8967 § 89-66 MAMARONECK CODE § 89-67 within the categories listed above shall be determined in each case by the Board of Appeals, which shall consider all factors entering into the parking needs of such use. C. Where two (2) or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual411 use on the lot, except that the Board of Appeals may approve the joint use of parking space by two (2) or more establishments on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided the Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or em- ployees among such establishments, and provided such ap- proval of such joint use shall be automatically terminated upon the termination of the operation of any of such establishments. § 89-67. Layout and location of off-street parking facilities. A. The required off-street parking facilities for structures and land uses which are developed after the effective date of the amended ordinance shall be provided on the same lot or premises with such structure or land use; except that off-street parking spaces required for struc- tures or land uses on two (2) adjoining lots may be pro- vided in a single common facility on one (1) or both of410 said lots, and except that the Board of Appeals may permit all or part of the required spaces to be located on any lot within five hundred (500) feet of the building, except in a residence district, if the Board determines that it is impractical to provide parking on the same lot with the building. 8968 § 89-67 ZONING § 89-68 E. In any residence district, no unenclosed off-street parking facility shall be developed within twenty-five (25) feet of a front lot line, nor shall be developed within five (5) feet of a side or rear lot line. Such driveway as is ade- quate to give access to the principal dwelling, garage or carport shall not be considered in determining the front, side or rear lot line. [Amended 4-17-63] C. No parking in connection with any nonresidential use shall be so located that motor vehicles may enter or leave the parking area across a sidewalk" except at a point or points approved as part of a plan, as required by § 89-64. D. No parking required for a business use in a business dis- trict may be provided in a residence district. E. Parking areas shall be laid out so that vehicles22 will not be required to back into the public highway when leaving the parking area. § S9-68. Improvement of parking facilities. Required off-street parking facilities may be enclosed in a structure or may be open, except as required specifically for multifamily dwellings under § 89-66A, provided that all re- quired parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Town Engineer to the extent necessary to avoid nuisances of dust, erosion or exces- sive water flow across public ways or adjacent lands. The Town Engineer may require the plan to provide for suitable markings to indicate individual parking spaces, maneuvering area, en- trances and exits. 21 Editor's Note: For additional regulations concerningsidewalks, see Ch. 73, Streets and Sidewalks. 22 Editor's Note: For additional regulations concerning vehicles, see Ch. 81, Ve- hicle and Traffic. 8969 § 89-69 MAMARONECK CODE § 89-70 § 89-69. Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific struc- tures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the town as public parking areas. § 89-70. Off-street loading requirements. Off-street loading and unloading facilities, as defined in this ordinance and located on the same site with the use to be served, shall be provided as follows: A. For retail and service business establishments, restaurants and other places serving food and beverages, where the ground floor area exceeds two thousand (2,000) square feet: one (1) space for the first four thousand (4,000) square feet of floor area or major portion thereof used for business purposes, and one (1) additional space for each additional ten thousand (10,000) square feet of business floor space or major portion thereof. B. For wholesale businesses, storage warehouses, manufactur- ing or industrial establishments: one (1) space for each ten thousand (10,000) square feet or major portion thereof used for such purposes. 4410 C. Reasonable and appropriate off-street loading requirement for structures and land uses which do not fall within the categories listed above shall be determined, in each case, by the Board of Appeals, which shall consider all factors entering into the loading and unloading needs of such use. 8970 § 89-71 ZONING § 89-72 ARTICLE XII Administration and Enforcement § 89-71. Enforcement. A. No board, agency, officer or employee of the town shall issue, grant or approve any permit, license, certificate or other authorization, including special permits by the Town Board, for any construction, reconstruction, alteration, en- largement or moving of any building, or for any use of land or building, that would not be in full compliance with the provisions of this ordinance. Any,such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this ordinance shall be null and void and of no effect, without the neces- sity of any proceedings or revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license or certificate or authorization shall be unlawful, and no action shall be taken by any board, agency, officer or employee of the town purporting to validate any such violation. B. This ordinance shall be enforced by the Building Inspec- tor,23 in accordance with the provisions of this ordinance. § 89-72. Records and reports. A. The Building Inspector shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy. B. The Building Inspector shall also keep a permanent record of all violations of this ordinance, whether reported by private citizens or by any board, agency, officer or em- SS Editor's Note: For additional information concerning the Building Inspector, see § 89-59 of this chapter. 8971 § 89-72 MAMARONECK CODE § 89-73 ployee of the town, and such record shall show the dis- position of all such violations. C. The Building Inspector shall make a report to the Town Board, in writing, at least once every three (3) months, reporting the number and type of building permits and certificates of occupancy issued, and listing all reported4110 or continuing violations of this ordinance and the dis- position or pending action of such violations. § 89-73. Building permits. A. No building or structure shall be erected, enlarged, struc- turally altered, demolished, moved or removed, wholly or partly, and no excavation for any building, structure or use shall be made, until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals," no such building permit or certificate of occupancy" shall be issued for any building where such construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this ordinance. B. A building permit shall be void if construction is not started within a period of six (6) months and completed within a period of two (2) years of the date of said per- mit. [Amended 1-5-60] C. There shall be submitted with all applications for building permits three (3) copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and 2;Editor's Note: For additional regulations concerning the Board of Appeals, see § 89-77 of this chapter. 25 Editor's Note: For additional regulations concerning certificate of occupancy, see § 89-74 of this chapter. 8972 J` § 89-73 ZONING § 89-74 the lines within which the building or structure is to be erected or altered, the existing and intended use of each building or part thereof, the number of families or house- keeping units that a building is designed to accommodate, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this ordinance. One (1) copy of such plan shall be returned to the owner when such plans shall have been approved by the Building In- spector. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started. The Building Inspector, after inspection of the property, may require information relative to the contours of the lot where the building or buildings are to be located. § 89-74. Certificate of occupancy.26 A. It shall be unlawful for an owner to make or permit any new use of land or to use or permit the use of any build- ing or premises or part thereof created, erected, changed, converted or enlarged, wholly or partly, in its use or structure, after the effective date of this amended ordi- nance, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises or part thereof, and the proposed use thereof, are in complete conformity with the provisions of this ordinance. The lack of a certificate of occupancy for buildings and uses existing as of the date of the adoption of this ordinance shall not, of itself, be deemed to be noncompliance with this ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that he is satisfied 26 Editor's Note: For additional regulations concerning certificate of occupancy, see§ 89-73A, 89-76 and 88-77C of this chapter; and Ch. 14, Building Code, $ 14-4C. 8973 § 89-74 MAMARONECK CODE § 89-75 that the building and the proposed use of the building or premises conform with all the requirements herein set forth. A certificate of occupancy shall be applied for coincident with an application for a building permit. B. A certificate of occupancy shall be deemed to authorize, • and is required for, both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of this ordinance and any requirements made pursuant thereto. C. The Building Inspector shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon written request from the owner, the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conform with the provisions of this ordinance. § 89-75. Building permits issued prior to adoption of ordinance. [Amended 1-5-60] All permits for buildings or structures issued prior to the effective date of this ordinance shall be null and void unless construction is started within a period of six (6) months from the date of the issuance of such permit, and completed within a period of two (2) years from the date of issuance of such permit. If building operations are discontinued for a period of six (6) months or more, any further construction shall be in conformity with all of the provisions of this ordinance. 8974 § 89-76 ZONING § 89-76 § 89-76. Violations and penalties. A. Any owner, lessee, tenant, occupant, architect or builder, or the agent of any of them, who violates or is accessory to the violation of any provisions of this ordinance, or who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts or moves, uses any building or uses any land, in violation of any detailed statement or plans submitted by him and approved under the provisions of this ordinance, shall be guilty of an offense and shall be liable to a fine which shall not exceed fifty dollars ($50.), or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional violation. Violations shall be prosecuted and penalties collected in the manner prescribed by law or ordinance effective in the town. [Amended 1-5-60] B. Any building erected, constructed, altered, enlarged, con- verted, demolished, moved or removed or used contrary to any of the provisions of this ordinance, and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this ordinance, shall be and the same is hereby declared to be unlawful. The proper town authorities may institute an injunction, mandamus, abatement or any other ap- propriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this ordi- nance. Upon the failure or refusal of the proper local officer, board or body of the town to institute any such appropriate action or proceeding for a period of ten (10) days after written request by a resident taxpayer of the town to so proceed, any three (3) taxpayers of the town residing in the district wherein such violation exists, who 8975 § 89-76 MAMARONECK CODE § 89-77 are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the town is authorized to do. The Building Inspector shall serve notice personally or by registered mail, and, if by mail, it may be addressed to the owner or occupant of the premises where such violation exists, at the address given411, by him upon the application for any permit required under the provisions of this ordinance or the Building Code27 of the town, or to the last-known address of the owner as shown by the records in the office of the Town Re- ceiver of Taxes or in the office of the Register of the County of Westchester, and if such violation does not cease within such time as proper town authorities may specify, and a new certificate of occupancyEB is not ob- tained, they shall institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises. The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law. § 89-77. Board of Appeals." A. Organization. (1) A Board of Appeals, as heretofore established by the Town Board, is hereby maintained. (2) Said Board shall have the power to adopt from time to time such rules and procedure not inconsistent with law, as it may determine to be necessary, to carry 27 Editor's Note: See Ch. 14, Building Code. 28 Editor's Note: For additional regulations concerning certificate of occupancy, see § 89-74 of this chapter. 29 Editor's Note: For additional information concerning the Board of Appeals, see §§ 89-13, 89-65 and 89-73A of this chapter; and Ch. 37, House Trailers, Trailer Camps and Tourist Camps, § 37-2A. 8976 § 89-77 ZONING § 89-77 out the provisions of these regulations and to exercise the authority vested in it by the Town Law. B. Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by the Town Law and by this ordinance, which powers and duties are summarized 410) and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any of the power of the Board of Appeals that is con- ferred by the Town Law. (1) Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, to decide any question involving the inter- pretation of any provision of this ordinance, including determination of the exact location of any district boundary line if uncertainty remains after reference to the rules specified in Article II. (2) Variances. Where the strict application of any of the requirements of this ordinance in the case of an ex- ceptionally irregular, narrow, shallow or steep lot, or other exceptional physical conditions, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or the building involved, but in no other case, the Board of Appeals shall have the power, upon ap- peal, to vary or adjust the strict application of the regulations or provisions of this ordinance. No vari- 110 ance in the strict application of any provisions of this ordinance shall be granted by the Board of Appeals unless it finds: (a) That there are special circumstances or conditions, fully described in the findings of the Board of Appeals, applying to the building or land for 8977 § 89-77 MAMARONECK CODE § 89-77 which the adjustment is sought, which circum- stances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the district, and have not resulted from any act of the applicant subsequent to the date of adoption of the regulation or regulations appealed from, whether in violation of the provi- sions herein or not. (b) That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or con- ditions are such that the particular application of the conditions of this ordinance would deprive the applicant of the reasonable use of such land or building and the granting of the adjustment is necessary for the reasonable use of the land or building, and that the adjustment as granted by,the Board is the minimum adjustment that will accomplish this purpose. (c) That the granting of the adjustment will be in harmony with the general purposes and intent of this ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. C. Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permits° or certificate of occupancy" under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare, and to insure continual compliance to these regulations. 80 Editor's Note: For additional regulations concerning building permits, see Ch. 14, Building Code, § 14-3A. 31 Editor's Note: For additional regulations concerning certificate of occupancy, see § 89-74 of this chapter. 8978 § 89-78 ZONING § 89-80 § 89-78. Appeals: how taken. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications shall be in writing, on forms prescribed by the Board,and each appeal or application shall fully set forth the circumstances of the case. Every appeal or ap- 4111 shall refer to the specific provision of the ordinance involved and shall exactly set forth, as the case may be, the in- terpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted,or the use for which a special permit is sought. Every decision of the Board of Appeals shall be recorded in ac- cordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision was based. § 89-79. Fee for advertising hearing. [Amended 12-9-64; 3-3-71; 10-19-77] Any person or corporation, other than the Town of Mamaroneck, making any application to the Board of Appeals under the provisions of this ordinance shall pay to the Building Inspector the sum of thirty-five dollars ($35.) to cover the cost of advertising the notice of hearing, upon each application filed. ARTICLE XIII Amendments § 89-80. Procedure. A. The Town Board, from time to time, may amend, sup- 110 plement or repeal the regulations and provisions of this ordinance, after public notice and hearing, in the manner provided by Town Law. B. Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing provided for in § 89-80A above. In 8979 8-25-79 § 89-80 MAMARONECK CODE § 89-81 81 recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan of land use for the town and would be in furtherance of the purposes set forth in § 89-1 of this ordinance. In41011 recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons. Failure of the Planning Board to make a report on any proposed amendment within forty-five (45) days of the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated. § 89-81. Effect on issuance of permits. [Amended 4-17-63] Whenever the Town Board, by resolution, authorizes a public hearing on a proposed amendment to this ordinance, for a period of sixty (60) days following the date of such resolution, no building shall be erected, enlarged or altered, and no permit shall be issued for the construction, enlargement or alteration of any building or for the occupancy of any land or building in any manner that would be contrary to the ordinance as it would be changed by the proposed amendment. (Cont'd on page 8981) 8980 8-25-79 § 89-82 ZONING § 89-84 ARTICLE XIV Site Plan Approval [Added 12-19-84 by L.L. No. 10, 1984'] § 89-82. Site plan approval required. That all applications for building permits,special permits and var- 111. iances are subject to the requirements of the Site Plan Approval Law2 of the Town of Mamaroneck unless specifically exempted from the requirements of site plan approval under § 66A-7 of the Site Plan Approval Law. No application for a building permit may be granted unless there has been full compliance with the requirements of the Site Plan Approval Law, and no application for special permit or variance may be granted unless a condition of said granting of a special permit or variance is compliance with all requirements of the Site Plan Approval Law, where applicable. ARTICLE XV Miscellaneous [Amended 12-19-84 by L.L. No. 10, 19843] § 89-83. Severability. If any section subsection, sentence, clause, phrase or other part of this ordinance is, for any reason, held by any court of jurisdiction to be invalid, such decisions shall not affect the validity of the remain- ing portion of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and other parts thereof, irrespective of the fact that any one(1)or more sections, subsections,sentences, clauses, phrases or other parts be declared invalid. § 89-84. Short title. This ordinance shall be known as and may be cited as the"Town of Mamaroneck Zoning Ordinance." Editor's Note: This local law also provided for the renumbering of former Article XIV, Miscellaneous,as Article XV;of former§ 89-82,Severability,as§89-83;and of former§89- 83,Short title,as§89-84. z Editor's Note: See Ch.66A,Site Plan Review. Editor's Note: This local law also provided for the renumbering of former Article XIV, Miscellaneous,as Article XV;of former§89-82,Severability,as§89-83;and of former§89- 83,Short title,as§89-84. 8981 11-25-85 I . r (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being • eliminated and do not use italics or underlining to indicate new matter. *wag. X14' MAMARONECK [T�Town °f Local Law No. 2 of the year 1990 A local law Zoning Implementation to the Master Plan Update (Insert title) Be it enacted by the Town Board of the (Name of Legislatise Cala§ Townof MAMARONECK as follows: Village( (see attached pages) (If additional space is needed, please attach sheets of the same size as this and number each) (I) LOCAL LAW NO. 2 - 1990 TOWN OF MAMARONECK This Local law is adopted pursuant to the Master Plan Update commissioned by the Town of Mamaroneck in order to implement the zoning changes recommended by the Master Plan Update for the purposes of revising uses and districts within the Town of Mamaroneck in order to more fully protect the orderly development of the Town. The Zoning Ordinance of the Town of Mamroneck shall be amended as follows: 1. Section 89-4 of the Zoning Ordinance entitled "Districts Establishment" shall be amended by adding the following districts: Service Business (SB) District Business-Mixed Use Business (B-MUB) District. 2, Add Section 89-28. 1 Service Business District (SB) A. Principal Uses: • (1.) Indoor recreation or amusement establishments (2) Business or professional offices. (3) Sale or hire of new or used motor vehicles but no used car lot except as accessory to a new car dealer. (4) Undertaking and funeral homes. (5) Newspaper printing and publishing. (6) Nursery use: for the sale of plants, trees, shrubbery, , nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories, and gardeners incidental supplies (fruits, vegetables and food not permitted) . (7) Restaurants for the sale, service and consumption of food and drinks on the premises, and all food and drink must be consumed in the principal building. This regulation does not permit the use of lunch wagons, hot dog stands, diners, dining cars, fast food operations, indoor counter service restaurants intended to cater to motor vehicle trade which serve in disposable containers and provide on-premises or off-premises parking. No outdoor table service will be permitted. (8) Wholesale or storage businesses in enclosed buildings. (9) Municipal uses, (10) Public utility structures serving a local area. B. Special Uses: (1 ) Stores for sale of goods at retail or performance of customary personal services, or a service clearly incidental to retail sales, but no fabrication and/or manufacturing except incidental to and on the same premises with such retail sales. (2) Gasoline filling stations and garages including facilities for servicing and repair. (3) Motels or hotels. (4) Radio, television or other electronic transmission structures. (5) Veterinary hospital, boarding and care of small pets. • • -2- (6) Contractors establishments. (7) Automatic car washing facilities as an adjunct to existing gasoline filling stations and/orpublic garages. P 3. Acid Section 89-41 . 1 Service Business (SB) A. Lot Requirements: same as B except minimum lot width to be 100 feet. B. Minimum Yards - same as Business District C. Maximum Floor Area - same as Business District D. Maximum Height - same as Business District B. Minimum Number of Offstreet Parking Spaces District. - same as Business F. Minimum Offstreet Loading Space - same as Business District. • G. Other Provisions and Requirements - same as Business District, except, add: (3) Site Planning Standards. During its review of site plans for development within the SB district , the Planning Board shall apply the following standards in addition to all those applicable standards set forth in the Site Plan Approval Law. (a) buildings shall be situated on the site in a manner that minimizes the visual impact, in terms of scale and height on adjacent residential properties. (b) landscaping and/or fencing shall be provided along the p P1'o ei"t}' lines of adjacent residential properties and along streets giving access to residential neighborhoods so as to provide the most effective visual screening. The specific materials to be used shall be reviewed to determine the effect of such screening at all times of the year. (c) appropriate conditions and measures shall be provided for minimizing the discharge of oil, grease and other pollutants to the public storm drainage system, waterways and wetlands. • 4 . Add Section 89-23 .2, Business-Mixed Use Business (B-MUB) District, as follows: A. Purpose • The B-MUB Zone sha.l.l be to permit a mixture of Business and k residential zones in larger P- parcels. B. Procedure (1) Special provisions for Mixed Use development shall only permitted upon application to and approvaly own Board of a zoning amendment in accordanccewthbthehe T below as well as those set up in Section 89-80 procedures designated on the zoning map as B-MUB in areas 72( 4 f 7t E: -3- i (2) Submission i r In addition to any requirements for submission set forth f' in Section 89-80 or other applicable local laws, the application shall include the following:, (a) A description of the proposed development plan including type and floor area of each use proposed, . k- number of parking spaces, interrelationship of uses and such other information as is necessary to i-;; provide a complete understanding of the proposal. s. (h) A preliminary site plan showing the location and height of all buildings, the design and layout of parking areas and driveways. a general landscaping plan and any other pertinent. data. ';. (3) The approval of an amendment to the Zoning Ordinance to allow special provision for Mixed Use shall not act as a P' waiver of requirements of obtaining other approval for development required by any other Town Law, Ordinance or Regulation including but not limited to Site Plan review. . C. Principal Uses l' 11, . . _ Same as in Business (B) District 6 D. Special Uses (1) Same as in Business (B) District. • (2) Mixed use developments, including the following uses, separately or in combination, subject to the standards set forth below in Section E and approval of a Site Plan ,. by the Planning Board: ,' (a) Multifamily dwellings. (b) Business and professional offices. (c) Retail stores, personal service establishments and restaurants. -'a • • .E. Special. Provisions for Mixed Use Development r: Uses proposed under the provisions of Section D (2) above shall comply with the following standards: • (1) Area and Bulk Requirements • t (a) Minimum site area shall be 80,000 square feet. .; • (h) Maximum height shall he five floors, excluding i t covered parking 'and service area, or (60) sixty feet. The height shall. he calculated from the k'" average street grade of the site at the curb of the front yard. ' . (c) Maximum floor area ration (F.A.R. ) shall be 1 .04. 1 a:. (d) Yards shall be as follows: r.> All setbacks shall be a minimum of ten (10) feet plus four (4) inches per one (1) foot of building p height. `' (2) Residential Density t< For each type of dwelling unit the following minimum wy_ gross site area per dwelling unit shall be 750 square feet .: •i Y P -4- (3) Off-Street Parkins; Off-street parking shall he provided on the site in the following; ratio: Efficiency Units 1 .0 space One Bedroom Units p per unit 1.25 spaces per unit Two Bedroom Units 1.5 spaces per unit Three Bedroom Units 2.0 spaces Retail/Office p pre unit 1.0 space for each 200 square feet of gross floor area (4) Other Requirements (a) No residential uses shall he permitted on the ground floor or on any floor below a nonresidential use, except one apartment for maintenance personnel , and shall not share an entrance with nonresidential uses. (h) Nonresidential uses shall not occupy more than 40% of the gross floor area of all structures on the site. (c) Design Guidelines The following guidelines shall be considered by the Planning Board in its review of Site Plans and shall only be varied upon a finding that the objectives of this section are better served by an alternate plan. (i) The total horizontal crosssection of buildings over 30 feet in height should not exceed 15% of the total site area. (ii) Required front yards should be landscaped and should not be paved except for necessary access drives. (iii) The location and materials of buildings over 30 feet in height should he reviewed to evaluate their effect on views and sight lines from adjacent residential districts and should not substantially obstruct or conflict with such view. (iv) Service areas and parking lots should be screened from adjacent residential , districts by landscaping, walls or fences of height and design deemed necessary by the Planning Board to protect adjacent k; residences. 5. Amend Section 89-41 . Business (B) District as follows: A. (2) Minimum width at front setback line: 150 feet. 6. Add Section 89-41.2 Business-Mixed Use Business (B-MUB) District as follows: ; The following hulk requirements shall apply except as `', otherwise provided in Section 89-28.2 E. (1) , r A. Lot requirements: same as Business (B) District B. Yards, courts and open spaces: same as Business (B) District x" , i , . -5- C. Floor area: same as Business (B) District D. Maximum height: same as Business (B) District • 7. Amend Section 89-28. Business (B) District A. Delete under Principal Uses: Sale or hire of new or used motor vehicles but no used car lot except as accessory to a new car dealer. B. Delete under Special Permits: (1) Gasoline filling stations and garages including facilities for servicing and repair. (7) Automatic car washing facilities as an adjunct to existing gasoline filling stations and/or public garages. 8. Amend Section 89-66, Off street parking requirements to provide that for retail or service businesses the minimum requirement shall he one space for each 200 square feet of floor space. 9. Amend Section 89-1 to reflect the amendments to the Zoning Map of the Town of Mamaroneck as are set forth in the annexed zoning map. 10. Should any provision of this local law he found illegal or unconstitutional be a court of competent jurisdiction such finding shall not effect any other provision of this local law. 11 . This local law shall take effect immediately. • • • • kr 4E S b • 2 3 1 .4 I 5 • I 6 1,11P • , ZONING \A A [1" V. . ik ..,, Q. ,. ,4,,.. ,.,. ,.: .. ..c: V'' I I . Co I 5 4" -:.•-• . •440.--.. • ,..44, --ee. ,,. :-•-.'-' .... 1. u ; ,• B k• ,/.. , .' . VP' , ,. ., :::• ,,, , 411 •,t„ N ) , A . R-20 •• 110 — C C ) . , 'A/ %‘C` ioi,„*„., ,,: , . ..„:.,.... . . . s II.* R-20 \ 0 A vs u R-30 o •••,r ),- .., ii, ... \ D , 'Al ,•: /410 1* 1+S 4 ), 4..4 / • E 1 R-30 ihi‘,\,,,-, ,. ..- • Nib f. :.--, 1711 41., .A. t .‘, ,, *** •/ . ' "I --':........., 0 ... \ / (.‘ ' - 'ftokts\ . ,- i- " 4 4,0,/•:\ ' <h. ....0 Il'-* .- ..-D 1 4N . R." '0-'' Altit **/ ")") V • 9-\,- • i / 01 4 ' S. ma Fx SI - ,(4".. i A* 110Ik . 49 V F • v44, 4 .* 4- „ e ipv's ..„,,,, .. • Nip istrar 7171? sia„I, ,404440,`"1" -------__. ,1•44k0444.*4 te ,..... i . i ,Aus -, = Ilk 0 . - ifo -., , 4to , ". 44* 0 Ii liz ) A4‘,* 4 ; / erk - .- . *--I5 / ONE FAMILY -rag r,""/Allit C R 0 S S 470, 40,k, . „OW(' "sa f„ fet,47 .•4)4/A 40,-.<1„ o RESIDENCE DISTRICTS .• '4 -KP Pe"Ofilw '. 4. • // R-30 30,000 zqzarc 1;s: $ 11MCks L,r74111 glib --‘ 111-WC Ae NAiOniaris ig4‘1403\044er . R-20 20,000 • •1. - MOP. /01 so int *- er.• ' Nt%,,, 4/ *log."' ' Ili 'AllitIVIIIIIII110.11111P Vail ilea# 444 '4'4 #40‘44*(1 R.-I 5 15,000 " " G G 1-----11631'sitisgfloo .• 40 4,-_, 1/4,411.4ti,„,- ip.,- '4,,,, It im# 4 . ,----....t.(qo„.„. --, # ie,„.„, A AK .,. R-I 0 10,000 • • z I 10151111%. 1160111.-.104 --41 NO:1W 4a4.0-0. Apt-AO iimtwi.ir : i01.11,1?Wal•OVFOII iff•1,e6 4411010 V •d*or 4,*14iiwi°4', R-7.5 7.500 • • * 9 1 '''• 4: , e-\0 •. fiii 011.410rirkt. 'ft — \ 0'01- 011w Aill triat r 4, Irma* No'‘# 1.4"CriV (4$ ta -6 6000 . 1, • . _i_ \ Is ,-is* /an fte4.,•ai ,'s * ,,,A Jetroor. „40$4, ii....if „It A R - - A "4 eft.44•••• a ir 0 . '. - - , .... OTHER ‘4,:11 ' ' ' - ". * N "nal VA' I 40'44 t Vas 111.4 44 • ,,,,_ .4,,e, #0.,ft=c . • RESIDENCE DISTRICTS _gee 11.*.... Agri...ft,,,,,,,,,,,4t• kipil ,/04/444+,,A7-# 0/ , 1A leN4 ..tke 1„01 sta% 1.,4vpi 0, .4, N v4".4141501P /, ''' Ft-2F Two family 10 4 IZ:,47'ari kl 1.04-41;4010M$4' oy *, 4* 4, R-A Attached residence H . it rteS.Wit , 4,4404,rt 0 ,. ‘ .1 * • R-G A Garden apartments H . 0 oft*/ 140 -Ivit•- • ''' si ,-.0` * 4, # /. R-GA , il ...„111,1*, 440sp (1 R-TA Tower • trAl k0 4P,"/ • %44 044:*4:10'‘.#1 .441/z/- It44,8/7 \ It, —w•Pli 416,."'Ott 44 ‘•#4'' , 4 yi, • - 1 i loAt#4'.• ,4 ....,,„., .... R-TA Agra tit ,tk 10 likV,„,o sty 4 e•• ,,,,,7" 47, i...,\A„ BUSINESS DISTRICTS ;>- 4\4* ' l'" z' # B Business 1111.140 "Alitik St% OA A'\ #p• // %1,-----,, ' z- ' LI Light industry ' III' '''.41•S 11101014 4a;144" ,,z: • 41e:44 .,5, 41.A OB-I Office building 4014 Obilk V.., s• ' ,,,%' s A ' •°". 0-10 „via iiiir , ,,„,- . 4* .44%40 ,. WA. 4, OB-2 /c- 4tior at*•*-N*, Vidoil:‘,01 , 134t...4411111 # ir,' 44 WP:a V //// 1 ''' 0,14* 11 ,., // 4-'16116,0 1106 •# * • • 1 lilliks/fr 4 't!>''' ' / ,#.4 * A e /).S44,14431, 44Plb F ite4 \ N./ ...,,,,_ • \ , \ \ si , i\ ,—• ,• 0E3;1 4 \ yi _V 2)--- /N\ L.O. • / // ,/)--- ' ' /- ' ...i rak 0 ° ..._-,....-- •(,/ -- .,;,;,,, K ROI . .--' • -, - \\ ), qi( it •:94di +"." / r, - ,I r,. :i \ . i I q ----.---- . SW A Itai' s\\\ • `t 7//7((.. ' .' .I_ L>, itip • v , !II ) I II .4' 0 PREPARED FOR s , ----.„1 - .... TOWN PLANNING BOARD ., BY FREDERICK P. CLARK ;',/ASS-GC: // M ).(() i 7(Z \ M ,-- PLANNING CONSULTA -ii / \\, :- ---- , l r '-'-: , VI\•''..-- ''''' P - \\c -7-- ),',, , •— , A FEBRUARY • . --.-:::- ---. -,___-. 1-, 1 30_ TOWN.OF MAMARONECK /,--1,-i(- / ') WESTCHESTPR.COUNTY. N.Y. 1 y/ N 5fri;-' 6 OFFICIAL MAP N 7 1 p-:./ 4 tort 4tirilli10.,-.'' f • / ‘Ithl ei . V 0 ----..••••••••••• :—:::—.:•/rim.Shwaueddnas} 1 / • 4 5 3.1LoototUat: 6 --t---- 1