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HomeMy WebLinkAboutZoning Ordinance of the Town of Mamaroneck 11/1/2007 ZONING Chapter 240 Town of MAMARONECK GENERAL CODE 72 Hinchey Road Rochester, New York 14624 800-836-8834 • www.generalcode.com Printed November 2007 Chapter 240 ZONING ARTICLE I General Provisions § 240-1. Short title. § 240-2. Purpose. § 240-3. Word usage. § 240-4. Definitions. ARTICLE II Districts § 240-5. Establishment. § 240-6. Zoning Map. § 240-7. Boundaries. § 240-8. Divided properties. ARTICLE III Regulations Applicable in All Districts § 240-9. Applicability. § 240-10. Conformance required. § 240-11. Number of main buildings on a lot. § 240-12. Yards and open spaces. § 240-13. Subdividing lots. § 240-14. Irregularly shaped lots. § 240-15. Required street frontage. § 240-16. Zoning modifications. 240:1 10- 15- 2005 MAMARONECK TOWN CODE § 240-17. Flood-hazard areas. § 240-18. Usable open space. § 240-19. Accessory uses. § 240-19.1. Public utility and cellular telephone facility. § 240-20. Schedule of regulations. ARTICLE IV Residence Districts: Permitted Uses § 240-21. One-Family Residence Districts: R-50, R-30, R-20,R-15,R-10 and R-7.5 § 240-21.1. Recreation District: R. § 240-22. One-Family Residence District: R-6. § 240-23. Two-Family Residence District: R-2F. § 240-24. Garden Apartment District: R-GA. § 240-25. Business - Mixed Use Business District: B-MUB. § 240-26. Attached Residence District: R-A. § 240-27. Tower Apartment District: R-TA. ARTICLE V Business and Industrial Districts: Permitted Uses § 240-28. (Reserved) § 240-29. (Reserved) § 240-30. Business District: B. § 240-31. Service Business District: SB. § 240-32. Light Industry District: LI. § 240-32.1. Urban renewal areas. 240:2 io- 15-2005 ZONING ARTICLE VI Residence Districts: Bulk and Dimensional Requirements § 240-33. One-Family Residence District: R-50. § 240-34. One-Family Residence District: R-30. § 240-35. One-Family Residence District: R-20. § 240-36. One-Family Residence District: R-15. § 240-37. One-Family Residence District: R-10. § 240-38. One-Family Residence District: R-7.5. § 240-39. One-Family Residence District: R-6. § 240-39.1. Recreation District:R. § 240-40. Two-Family Residence District: R-2F. § 240-41. Garden Apartment District. R-GA. § 240-42. Attached Residence District: R-A. § 240-43. Tower Apartment District: R-TA. ARTICLE VII Business and Industrial Districts: Bulk and Dimensional Requirements § 240-44. (Reserved) § 240-45. Business District: B. § 240-46. Service Business: SB. § 240-47. Business - Mixed Use Business District: (B-MUB). § 240-48. Light Industry District:LI. § 240-48.1. Urban renewal areas. 240:3 09-01 -2006 MAMARONECK TOWN CODE ARTICLE VIII Supplementary Regulations § 240-49. Construal of provisions. § 240-50. Terraces and porches. § 240-51. Projecting architectural features. § 240-52. Walls and fences. § 240-53. Visibility at intersections. § 240-54. Corner lots. § 240-55. Courtyards. § 240-56. Height exceptions. § 240-57. Minimum house size. § 240-58. Dwellings in house trailers and accessory buildings. § 240-59. Central air-conditioning units. § 240-59.1. Maximum size of one- or two-family homes. ARTICLE IX Special Use Permits § 240-60. Intent. § 240-61. Applications; fee. § 240-62. Standards for granting permit. § 240-63. Hearings. § 240-64. Conditions and safeguards. § 240-65. Expiration of permits. ARTICLE X Nonconforming Uses § 240-66. Continuation of existing uses. 240:4 09-01 -2006 ZONING § 240-67. Use of land. § 240-68. Use of buildings. § 240-69. Deviations from dimensional requirements. § 240-70. Undersize lots. § 240-71. Damaged buildings. § 240-72. (Reserved) § 240-73. Completion of buildings under construction. § 240-74. Existing special uses deemed conforming. ARTICLE XI Off-Street Parking and Loading § 240-75. Intent. § 240-76. Required space to be shown on plan. § 240-77. Existing buildings and uses. § 240-78. Off-street parking requirements. § 240-79. Layout and location of off-street parking facilities. § 240-80. Improvement of parking facilities. § 240-81. Operation and maintenance of off-street parking facilities. § 240-82. Off-street loading requirements. ARTICLE XII Administration and Enforcement § 240-83. Compliance required; enforcement. § 240-84. Records and reports. § 240-85. Building permits. § 240-86. Certificate of occupancy. 240:5 10- 15-2005 MAMARONECK TOWN CODE § 240-87. Building permits issued prior to effective date. § 240-88. Penalties for offenses; other remedies. § 240-89. Board of Appeals. § 240-90. Appeals. § 240-91. Fee for advertising hearing. ARTICLE XIII Amendments § 240-92. Procedure. § 240-93. Effect on issuance of permits. ARTICLE XIV Site Plan Approval § 240-94. Site plan approval required. ARTICLE XV Planning Board § 240-95. Powers of Planning Board; procedures regarding alternate members. [HISTORY: Adopted by the Town Board of the Town of Mamaroneck 6-29-1959 (Ch. 89 of 1975 Code). Amendments noted where applicable.] 240:6 10- 15-2005 § 240-1 ZONING § 240-2 GENERAL REFERENCES Conservation areas—See Ch.77. Environmental quality review—See Ch.92. Fire limits-See Ch.103. Fire prevention and building construction—See Ch.106. Flood damage prevention—See Ch.110. Freshwater wetlands—See Ch.114. Sewers—See Ch.173. Signs—See Ch.175. Site plan review—See Ch.177. Subdivision of land—See Ch.190. Swimming pools—See Ch.192. Trees—See Ch.207. Waterfront revitalization—See Ch.234. ARTICLE I General Provisions § 240-1. Short title. [Amended 12-19-1984 by L.L. No. 10-1984] This chapter shall be known as and may be cited as the "Town of Mamaroneck Zoning Ordinance." § 240-2. Purpose. There is hereby established a Comprehensive Zoning Plan for the unincorporated part of the Town of Mamaroneck, New York (hereinafter referred to as the "Town"), which plan is set forth in the text, map and schedules which constitute this chapter. 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 and promotion of the public health, safety and welfare, as follows: A. To guide the future growth and development of the Town in accordance with a Comprehensive Plan of land use and population density that represents the most beneficial and convenient relationships among the residential, commercial and public areas within the Town, considering the suitability of the various uses in each area and the 1. Editor's Note:See§261 et seq.of the Town Law. 240:7 10-15-2005 § 240-2 MAMARONECK TOWN CODE § 240-2 potential for such uses as indicated by existing conditions and trends in population, 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 chapter. 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 chapter 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 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 by effective use of land or building in building development, investment and other economic activity relating to uses of land and buildings throughout the Town. [Amended 7-17-1996 by L.L.No. 14-1996] H. To limit development to an amount commensurate with the availability and capacity of public facilities and services. 240:8 10- 15-2005 I § 240-3 ZONING § 240-4 I § 240-3. Word usage. I 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 I otherwise. The word "lot" includes the word "plot," the word "building" includes the word "structure" and the word "shall" is mandatory and 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 unincorporated part I of the Town of Mamaroneck; the term "Town Board" means the Town Board of said Town; the term "Board of Appeals" means the Board of Appeals of said Town; the term "Planning Board" means the "Town Planning Board" of said Town. I § 240-4. Definitions. I For the purposes of this chapter, certain words and terms used herein are defined as follows: I ALTER— To change or rearrange the structural parts or the exit facilities of a building or structure, including an extension on a side or increase in height, or the moving from one location or position to another. I AREA, BUILDING— The 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, I steps and terraces. BASEMENT— That portion of a building wholly or partly underground and extending no more than five feet above the I finished grade. BUILDING— Any structure having a roof and intended for I the shelter, housing or enclosure of persons, animals or chattels. 240:9 10-15-2005 1 § 240-4 MAMARONECK TOWN CODE § 240-4 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 building is situated. CAFETERIA— An establishment engaged in preparing and serving a full line of food and beverages primarily through the use of a service line where the customer serves himself or is served from displayed selections and, where table or booth seating facilities are available, some limited waitperson service may be provided. [Added 3-4-1998 by L.L.No. 4-1998] CELLULAR TELEPHONE FACILITY— All facilities, equipment, apparatus and devices used for cellular telephone communications. [Added 2-15-1995 by L.L.No.3-1995] CLUB, MEMBERSHIP— An organization catering exclusively to members and their guests for recreational, athletic or social purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club. CO-BRANDING— The expansion of an existing fast-food establishment use, as defined, or portion thereof which is not incidental or subordinate to the principal use, but rather co-exists as a similar principal use on the same lot and within the same building. [Added 3-4-1998 by L.L.No. 4-1998] CONVENIENCE STORE— Any retail establishment of not more than 2,000 square feet offering a wide variety of goods and merchandise for sale to the public, whose principal products include food, beverages, candy and cigarettes, and where most products are sold for consumption upon leaving the 240:10 10- 15-2005 I § 240-4 ZONING § 240-4 I establishment. The term "convenience store" shall not be considered to include supermarket or grocery store. [Added I 3-4-1998 by L.L.No. 4-1998] COURT— An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is I bounded on two or more sides by such building or buildings. COURT, INNER— A court enclosed on all sides by the I exterior walls of a building. COURT, OUTER— A court extending to a street line or opening upon any front, side or rear yard. I COVERAGE— That percentage of the lot area covered by the building area. I DELICATESSEN— An establishment which prepares and sells food and beverages ordered from a counter or display case where the patron selects from a variety of ingredients (meats, fish, salads, etc.) which are assembled, as requested by the I patron, and/or are available separately for purchase by weight or quantity, and in which tables, chairs or counters for the consumption of food on the premises are not provided. [Added I 3-4-1998 by L.L.No. 4-1998] DISTRICT— The term "residence district" shall mean any district prefixed by "R." The term "business district" shall mean I any district prefixed by "B." The term "light industry district" shall mean any district prefixed by "LI," and the term "office building district" shall mean any district prefixed by "OB" as set forth in § 240-5. [Amended 7-17-1996 by L.L. No. II 14-1996] DWELLING— A building designed or used exclusively as living quarters for one or more families; the term shall not be 4' + deemed to include a motel, hotel, rooming house or tourist home. I DWELLING, MULTIFAMILY— A building or portion thereof containing three or more dwelling units. 240:11 10-15-2005 1 § 240-4 MAMARONECK TOWN CODE § 240-4 DWELLING, ONE-FAMILY— A detached building containing one dwelling unit only. DWELLING, TWO-FAMILY— A detached building containing two dwelling units only. DWELLING UNIT— A building or portion thereof providing complete housekeeping facilities for one family. FAMILY— One or more persons occupying a dwelling unit and living as a single housekeeping unit. [Amended 7-17-1996 by L.L.No. 14-1996] FAST-FOOD RESTAURANT— An establishment primarily engaged in the sale of ready-to-consume food and beverages, generally served in disposable or prepackaged containers or wrappers, in which patrons usually select their orders from a posted menu offering a limited number of specialized items such as but not limited to hamburgers, chicken, fish and chips, pizza, tacos and hot dogs; these items are prepared according to standardized procedures for consumption either on or off the premises in a facility where a substantial portion of the sales to the public is by drive-in or stand-up service and primary cleanup is generally performed by the customer. The term "fast-food restaurant" shall not be considered to include restaurant, delicatessen, take-out establishment, bakery or ice cream/confectionary store [Added 3-4-1998 by L.L. No. 4-1998]. FENCE — A structure, including a wall, enclosing a yard or portion of a yard, used to prevent or impede entrance and/or to mark a boundary. [Added 2-7-1996 by L.L. No. 3-1996] FLOOR AREA RATIO[Amended 1-8-2003 by L.L. No. 1-2003]— A. FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS A ONE- OR A TWO-FAMILY DWELLING — The ratio of the aggregate floor area of all of the buildings on a lot to the area of the lot on which the buildings are located. 240:12 10- 15-2005 I § 240-4 ZONING § 240-4 INotwithstanding the preceding sentence the following shall be excluded from the calculation of floor area: I (1) The aggregate floor area of any basement area, regardless of its use; and (2) The aggregate floor area of the portion of a floor lying under a roof where the distance between that portion of the floor and the ceiling above it is five feet or less. I B. FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS NOT A ONE-OR A TWO-FAMILY DWELLING- I The ratio of the aggregate floor area of all of the buildings on a lot, exclusive of attic and basement areas used only for storage or services incidental to the operation or maintenance of the buildings, to the area of the lot on I which the buildings are located. FOOD COURT— A retail establishment in which space is leased and/or operated by more than one fast-food restaurant, I take-out establishment or ice cream/confectionary store, as defined in this section, in which a common seating area is shared by lessees, and where customers order from and are I served by individual personnel identified with the various product lines at individual counters. [Added 3-4-1998 by L.L. No. 4-1998] I FOOD-RELATED RETAIL— Any retail business primarily engaged in the sale of food products, whether consumed on or off premises. [Added 3-4-1998 by L.L.No. 4-1998] I FRONTAGE— The extent of a building or of land along a street. FRONT SETBACK LINE— A line parallel to the front lot line I and at a distance therefrom equal to the minimum front yard dimension for the district in which located. I GARAGE, PRIVATE— An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use. 240:13 10- 15-2005 § 240-4 MAMARONECK TOWN CODE § 240-4 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 accessories, fuels and lubricants, or where motor vehicles 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 accessories and which may or may not include facilities for lubricating, washing, minor repairing or otherwise servicing 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 completed surfaces of lawns, walks and roads adjoining the wall at that point. GROCERY STORE— A retail store of not more than 5,000 square feet selling a limited assortment of food-related products and sundries. [Added 3-4-1998 by L.L.No. 4-1998] HEIGHT OF BUILDING OR STRUCTURE— The vertical distance to the level of the highest point of the roofs surface, if the roof is flat or inclines not more than one inch vertical to one 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 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, measured 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 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 240:14 10- 15 -2005 I § 240-4 ZONING § 240-4 ibe deemed to be more than three feet above the established grade of the curb. I HOME OCCUPATION Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, which use is clearly incidental or secondary to the use Iof the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barbershop, beauty parlor, hairdressing establishment, I 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 "hospital" I 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 ailments, but not including contagious diseases except, incidentally, alcoholism, drug I 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 I "trailer" shall include such a vehicle if mounted on temporary or permanent foundations, with or without the wheels in place. I ICE CREAM/CONFECTIONARY STORE— An establishment primarily engaged in the rapid retail sale of ice cream, frozen yogurt and/or other confectionary desserts and beverages from a counter or display case where the food is sold primarily for I consumption off the premises and where the floor area devoted to customer seating has 12 or fewer seats and complies with the area requirements of the New York State Uniform Fire I Prevention and Building Code.2 The term "ice cream parlor" shall not be considered to include fast-food restaurant or delicatessen. [Added 3-4-1998 by L.L.No. 4-1998] I LOADING SPACE— Any off-street space available for the parking of one truck for loading or unloading of goods, not less than 15 feet wide, 40 feet long and 14 feet high, and having direct usable access to a street or alley, except that where one I2. Editor's Note:See Ch.106,Fire Prevention and Building Construction. 240:15 10-15-2005 I § 240-4 MAMARONECK TOWN CODE § 240-4 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 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 chapter, and having its principal frontage on a street or on such other means of 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 AREA— The total horizontal area included within lot lines. LOT, CORNER— A lot of which at least two adjacent sides abut on streets or public places. Any other lot is an interior lot. That portion of a "corner lot" in excess of 100 feet from the widest street on which such lot abuts shall be considered an interior lot. LOT DEPTH— The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines. LOT, INTERIOR— A,lot other than a corner lot. LOT LINE, FRONT— The property line or lines separating the lot from the street or streets. LOT LINES— The property lines bounding a lot, as defined herein. LOT WIDTH— The mean width of a lot, measured at right angles to its depth. LUNCHEONETTE— An establishment engaged in offering ready-to-consume and made-to-order food that is prepared on premises and served at a sit-down counter, and/or limited table service may also be provided. The menu is usually limited to breakfast and/or lunch, and a limited assortment of sundries 240:16 10- 15-2005 I § 240-4 ZONING §240-4 I may be offered at the counter for sale. [Added 3-4-1998 by L.L.No. 4-1998] I MECHANICAL AMUSEMENT DEVICE— Any machine which, upon payment of a charge or upon the insertion of a I coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include but is not limited to such devices as marble machines, pinball machines, I skillball, mechanical grab machines, electronic bowling machines, electronic baseball, football, hockey or basketball machines, video machines, any and all air-propelled machines, pool tables, shooting galleries and all games, operations or I transactions similar thereto, under whatever name they may be indicated, whether or not electronically operated. [Added 12-7-1988 by L.L.No. 8-1988] I MOTEL— A series of attached, semidetached or detached dormitory units, without kitchen facilities, having a private outside entrance for each unit, provided with an automobile I parking space convenient to each unit and providing lodging, with or without meals and other incidental services, for a transient clientele exclusively. I NONCONFORMING USE— A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this I chapter or amendments thereto became effective. NURSERY SCHOOL— A school designed to provide daytime care and instruction to five or more children under six years of I age and registered by the State Education Department. PARKING AREA— An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of about 350 square feet of parking area per parking space. PARKING SPACE— An off-street space available for parking of one motor vehicle on a transient basis having dimensions of not less than nine feet by 20 feet exclusive of passageways and 240:17 10-15-2005 I § 240-4 MAMARONECK TOWN CODE § 240-4 driveways appurtenant thereto and giving access thereto and having direct usable street access to a street or alley, except that 90% of parking spaces appurtenant to multifamily uses containing three or more dwelling units shall have a minimum dimension of not less than eight and one-half by eighteen (8 1/2 x 18) feet. [Amended 10-23-1991 by L.L. No. 14-1991] PRIVATE TRANSMISSION TOWER— A wireless communication facility, not used commercially. [Added 2-15-1995 by L.L.No. 3-1995] PUBLIC UTILITY— Persons, firms or corporations supplying gas, electricity, water, power, transportation or telephone service (excluding cellular telephone service) to the general public. [Added 2-15-1995 by L.L. No. 3-1995] 111 PUBLIC UTILITY FACILITY— The machinery and equipment, including pipes, lines, wires and/or other conductors or conduits, materials, apparatus, tools, vehicles, supplies and storage facilities, used by public utilities. [Added 2-15-1995 by L.L.No. 3-1995] RESTAURANT— An establishment which prepares and serves food and beverages selected by patrons from a full menu, served by a waitperson, and consumed on the premises, and which has permanent seating facilities and counters or tables adequate to accommodate all customers served. To the extent that food is separately ordered and taken out, this latter function shall be considered accessory to the primary restaurant use. The term "restaurant" shall not be considered to include fast-food establishment, delicatessen, take-out food establishment, bakery or ice cream/confectionary store as described elsewhere in this section. [Added 3-4-1998 by L.L. No. 4-1998] 111 RETAINING WALL— A structure which holds or secures in place rock and/or earth. [Added 2-7-1996 by L.L.No. 3-1996] ROOMING HOUSE— Any building or portion thereof containing more than two and fewer than 10 rooms without kitchen facilities that are used, rented or hired out to be 240:18 10- 15-2005 I § 240-4 ZONING § 240-4 occupied or that are occupied for sleeping purposes for compensation, whether the compensation shall be paid directly or indirectly. The term "rooming house" shall be deemed to include a lodging house and boardinghouse, but not tourist home, motel or multifamily dwelling. SIGN OR SIGNS— 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 exterior 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 the discharge of any governmental function. [Amended 4-7-1963] 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 basement shall be counted as a "story" if the ceiling is more than five 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 opposite exterior sides meeting a sloping roof not more than two 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 §§ 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 240:19 10-15-2005 1 § 240-4 MAMARONECK TOWN CODE § 240-4 something having location on the ground, including but not limited to signs, swimming pools and tennis courts. SUPERMARKET— A retail store of more than 5,000 square feet selling a complete assortment of food and food preparation materials, household items and other retail items. "Supermarkets" may contain accessory pharmacies, delicatessens, meat and fish markets, bakeries and florists within the principal use structure. [Added 3-4-1998 by L.L. No.4-1998] TAKE-OUT FOOD ESTABLISHMENT; BAKERY— An establishment which prepares and sells food and beverages served in disposable containers, ordered by telephone, or from a counter or display case, where the patron selects from a fixed menu consisting primarily of freshly prepared foods, beverages or baked goods, which foodstuffs are sold primarily for consumption off the premises but may also include customer seating, provided that the area devoted to such seating is clearly accessory to the main business, has 12 or fewer seats and complies with the area requirements of the New York State Uniform Fire Prevention and Building Code.3 [Added 3-4-1998 by L.L.No. 4-1998] 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 recreation use, which area is not devoted to driveways or parking spaces, is at least 25 feet in minimum dimension and has no more than 10% of its area with a grade of more than 5%. USE- The specific purpose for which land or a building is designed, arranged or 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 incidental and subordinate to the principal use of a lot or a building and 3. Editor's Note:See Ch.106,Fire Prevention and Building Construction. 240:20 10-15-2005 r § 240-4 ZONING § 240-5 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 buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for certain features specified in § 240-50. 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 permitted to extend into any front, side or rear yard, respectively, and the measurement shall be taken at right angles from said line of the building to the nearest lot line. 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, 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. 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. ARTICLE II Districts § 240-5. Establishment. The Town of Mamaroneck is hereby divided into the following classes of districts: 240:21 10-15-2005 n II § 240-5 MAMARONECK TOWN CODE § 240-6 R-50 One-Family Residence District(50,000 square feet) [Added 7-16-1986 by L.L.No. 9-1986] R-30 One-Family Residence District(30,000 square feet) R-20 One-Family Residence District(20,000 square feet) R-15 One-Family Residence District(15,000 square feet) R-10 One-Family Residence District (10,000 square feet) R-7.5 One-Family Residence District (7,500 square feet) R-6 One-Family 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 4 B Business District LI Light Industry District UR Urban Renewal District [Added 5-8-1991 by L.L.No.4-1991] SB Service Business District [Added 4-4-1990 by L.L.No.2-1990] B-MUB Business - Mixed Use Business District [Added 4-4-1990 by L.L.No. 2-1990] R Recreation District [Added 7-20-1994 by L.L. No.6-1994] § 240-6. Zoning Map. 5 4. Editor's Note: The OB-1 Office Building District and OB-2 Office Building District, which immediately followed this entry, were repealed 11-5-2003 by L.L.No.22-2003. 5. Editor's Note:For amendments to the Zoning Map subsequent to its adoption, consult copies on file at the Town Clerk's office. 240:22 10- 15-2005 § 240-6 ZONING § 240-7 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 chapter. § 240-7. 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 perpendicular thereto, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map. B. Where district boundaries are indicated as following approximately 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 chapter 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 approximately follow lot lines, such lot lines shall be construed to be such boundaries. 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. F. If the district classification of any land is in question, it shall be deemed to be in the adjoining district which appears first in §240-5. 240:23 10- 15-2005 1 § 240-8 MAMARONECK TOWN CODE § 240-9 § 240-8. Divided properties. Where a lot in one ownership of record at the time of the adoption of this chapter or any amendment thereto is divided by one 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 portion of said lot into the portion in which it is not a permitted use, provided that: A. The lot has frontage on a street in the district in which such use is permitted; B. The extension does not come within 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 Applicable in All Districts § 240-9. Applicability. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the erection, construction, 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 chapter shall prevail. Except as hereinafter provided, the following general regulations shall apply. 240:24 ao- 15- 2005 § 240-10 ZONING § 240-13 § 240-10. Conformance required. No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with this chapter for the district in which such building or land is located. Any use not specifically permitted by this chapter is prohibited. § 240-11. Number of main buildings on a lot. Every building hereafter erected shall be located on a lot, as herein defined. There shall be not more than one main building and its accessory buildings on one lot except for nonresidential buildings and multifamily dwellings in districts where such uses are permitted. 240-12. Yards and open aces. § P P No yard 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 other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot. § 240-13. Subdividing lots. Should a lot be hereafter formed from the part 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 chapter 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 chapter. 240:25 10.15-2005 r i §240-14 MAMARONECK TOWN CODE § 240-16 § 240-14. Irregularly shaped lots. Where a question exists as to the proper application of any of the regulations of this chapter to a particular lot or parcel because of peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how such regulations shall be applied. § 240-15. 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 §280-a 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 Board has approved a lesser width as part of a subdivision plan, as authorized by § 240-16. § 240-16. Zoning modifications. A. Simultaneously with the approval of a subdivision plat, and pursuant to § 278 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 subdivided, such modification would permit a better subdivision 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 20% of the lots shown on the plats shall have less than 80% of the minimum area specified in Articles IV through WI, and further provided that no lot shall have a width at any point or a street line frontage of less than 25 feet. [Amended 7-17-1996 by Z.L.No. 14-1996] 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 240:26 10- 15-2005 1 § 240-16 ZONING § 240-19.1 plat in the office of the County Clerk, the approved modifications shall be recorded as a part of this chapter. § 240-17. Flood-hazard areas. [Amended 7-17-1996 by L.L. No. 14-1996] In areas adjacent to flood-hazard areas, all buildings and structures shall be erected in compliance with this chapter and Chapter 110, Flood Damage Prevention. § 240-18. 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. § 240-19. Accessory uses. All accessory uses shall be located on the same lot with the principal uses to which they are accessory. § 240-19.1. Public utility and cellular telephone facility. [Added 2-15-1995 by L.L.No.3-1995] A. Required conformity. No cellular telephone facility shall hereinafter be used, erected, moved, reconstructed, changed or altered unless in conformity with the following specific regulations. B. Exceptions. Exceptions to these regulations are limited to private transmission towers that are new uses accessory to residential uses, so long as the height of any such use does not exceed other height limitations provided for in this chapter or the elevation of the surrounding neighboring treeline, whichever is greater, and approved uses existing prior to the effective date of these regulations. 240:27 io-15-2005 1 § 240-19.1 MAMARONECK TOWN CODE § 240-19.1 C. Site plan. (1) An applicant seeking approval for a telecommunications tower or antenna is required to submit a site plan in conformance with applicable site plan submission requirements, except to the extent that Chapter 177, Site Plan Review, may otherwise provide for a waiver of any such requirements. The site plan shall show all existing and proposed structures and improvements and shall include documentation on the proposed intent and capacity of the use, as well as justification for the height of any tower or antenna. (2) The Planning Board shall require that the site plan submission include a completed visual environmental assessment form (visual EAF) and, if applicable, a landscape plan addressing other standards listed in this section, with particular attention to visibility from key viewpoints identified in the visual EAF, existing treelines and proposed elevations. (3) A safety analysis described in Subsection E below shall be required. (4) A report shall be submitted, prepared by a licensed professional engineer which, in the case of a tower, describes the tower height and design, including a cross section of the structure; demonstrates the tower's compliance with applicable structural standards; and describes the tower's capacity, including the number and type of antennas it can accommodate. In the case of an antenna mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated. 240:28 10- 15 -2005 I § 240-19.1 ZONING § 240-19.1 D. Shared use. (1) The shared use of existing towers and antenna facilities shall be preferred to the construction of new such facilities. The applicant shall submit an adequate report inventorying existing towers and antenna sites within a reasonable distance from the proposed site outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities. (b) The planned equipment would cause radio frequency interference with other existing or planned equipment which cannot be reasonably prevented. (c) Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably. (d) Other reasons make it impracticable to place the equipment proposed by the applicant on existing and approved towers or facilities. (2) Approval of a proposed antenna to share an existing tower or facility shall be conditioned upon the applicant's agreement to pay all costs of adapting an existing facility to a new shared use. These costs can include structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes required to accommodate shared use. 240:29 10-15-2005 § 240-19.1 MAMARONECK TOWN CODE § 240-19.1 E. Nonionizing electromagnetic radiation (NIER) threshold. The applicant shall submit a safety analysis of the electromagnetic environment surrounding the proposed site. The safety analysis shall be prepared by a qualified electromagnetic engineering specialist or health professional qualified to produce such analysis. The safety analysis must demonstrate that the nonionizing electromagnetic radiation (NIER) emanating from the antenna not exceed threshold levels (550 milliwatts per centimeter square). The analysis shall indicate the horizontal and radial distance from the NIER source to the nearest property line and the nearest residential structure. The study shall then provide the ambient NIER levels in the frequency range of the proposed source measured at the two points identified above. The calculated NIER level at any one of the two points listed above shall not exceed one-fourth(1/4) of the threshold level. F. Setbacks. Antennas or sources of NIER situated in the Recreation District shall be setback from the nearest neighboring residential property by a distance not less than 1,200 feet. Antennas or sources of NIER situated in the LI District shall comply with the existing setbacks applicable to that zone. All related accessory facilities and structures, including but not limited to equipment sheds, parking areas, anchors, bases and pads, shall comply with the existing setbacks and dimensional regulations established for accessory uses in the appropriate zone, except for the height of the cellular telephone tower. G. Inspection. Towers shall be inspected annually for structural integrity and continued compliance with the thresholds in Subsection E by a licensed professional engineer. A copy of the inspection report shall be submitted to the Town Director of Building Code Enforcement and Land Use Administration indicating repairs made. [Amended 3-15-1995 by L.L. No. 4-1995; 10-16-2002 by L.L.No. 10-2002] 240:30 10-15-2005 it i § 240-19.1 ZONING § 240-20 H. Visibility. 11 towers and antennas shall be sited to have the leas possible practical visual effect on the environm nt. Towers shall not be artificially lighted unless otherwisVrequired by the Federal Aviation Administration or other federal, state or local authority. Towers shall be a galvanized finish or painted grey above the surrounding treeline and grey or green below the treeline. I. Screening. Where a cellular telephone facility abuts residential, parkland or other open space, the following vegetative screening shall be provided. One row of native evergreen shrubs or trees capable of forming a continuous hedge at least five feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. Additional screening may be required to screen portions of the tower from nearby residential property or important views. § 240-20. Schedule of regulations. The schedule of regulations, Articles 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 chapter, is hereby adopted and declared to be a part of this chapter. The regulations listed for each district as designated, reading from left to right across the schedule, are subject to all other provisions of this chapter 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. 240:31 1.0-15-2005 I § 240-21 MAMARONECK TOWN CODE § 240-21 ARTICLE IV Residence Districts: Permitted Uses § 240-21. One-Family Residence Districts: R-50, R-30, R-20, R-15, R-10 and R-7.5 [Amended 1-5-1960; 4-17-1963; 7-16-1986 by L.L.No. 9-1986] A. Principal uses. (1) One-family dwellings. (2) Churches and other places of worship. • (3) Public elementary and high schools. (4) Water supply facilities. B. Special uses (subject to conformance with additional standards as provided in Article IX). (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, library, firehouse, police station or other municipal use, not including incinerators or dumps. [Amended 7-17-1996 by L.L. No. 14-1996] 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 240:32 10- 15-2005 § 240-21 ZONING § 240-21 the inhabitant thereof, with not more than one nonresident employee or associate in any dwelling. (2) Keeping of not more than two 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 Chapter 106, Fire Prevention and Building Construction), tennis courts, greenhouse or similar private accessory use not used for commercial or public purposes. (4) Off-street parking in accordance with §§240-75 through 240-78. (5) Parish house, rectory, Sunday-school rooms. (6) Signs as provided in Chapter 175, Signs. (7) Tennis courts are permitted when constructed in conformity with the following: [Added 7-17-1996 by L.L. No. 14-1996] (a) Tennis courts must be in the rear one-third (1/3) of the property. (b) No court may be erected closer than 15 feet to the property line. (c) Drainage of the court surface must be performed to the satisfaction of the Building and Engineering Department. (d) No exterior lighting will be permitted which directs or allows light to bleed onto adjacent residential properties. 240:33 io- 15-2005 § 240-21 MAMARONECK TOWN CODE § 240-21.1 (e) No fencing shall be higher than eight feet without approval of the Board of Zoning Appeals. (8) Within an enclosed garage, one commercial vehicle may be stored. Said vehicle may not exceed 220 inches in length nor have a gross vehicle weight in excess of 5,000 pounds. Motor homes, RV's or trailers or boats and their trailers may not be stored in a front yard area or within 10 feet of any structure other than a garage. [Added 7-17-1996 by L.L. No. 14-1996] § 240-21.1. Recreation District: R. [Added 7-20-1994 by L.L.No. 6-1994] A. Principal uses. (1) Private recreation facilities, including golf, tennis and/or swimming clubs, along with clubhouses with accessory restaurants and catering facilities, used in conjunction with a recreational facility. (2) Other uses similar to those listed in the preceding subsection, provided that the Planning Board makes specific findings that the use is in full conformity with the purposes and intent of this zone district and all general and special requirements of the district and that the use has no greater impact upon open space, traffic and drainage than any of the specifically enumerated uses. B. Special permit uses; requirements. (1) Special permit uses. (a) Public playground or park, including golf, tennis and/or swimming clubs. This provision shall apply to the Town in addition to any other municipal government or authority. 240:34 10-15-2005 § 240-21.1 ZONING § 240-21.1 (2) Special permit requirements. (a) Special permits shall be issued by the Planning Board, provided that there is a finding that all general and special conditions are met. (b) The Planning Board shall require that no special permit be issued until a traffic study is conducted which demonstrates to the satisfaction of the Planning Board that the proposed use shall not adversely impact upon traffic in the surrounding area to a greater degree than any other principal use permitted in the zone. (3) Cellular telephone facility. [Added 2-15-1995 by L.L. No. 3-1995] C. Accessory uses (when located on the same lot with the principal uses to which they are accessory). (1) Off-street parking in accordance with §§ 240-75 through 240-78. (2) Cabanas, lockers, snack bars and/or pro shops. (3) Maintenance sheds and/or garages. (4) Signs as provided in Article XIV of the Building Code.6 (5) Playing fields and courts for baseball, volleyball, basketball and similar sports. (6) Playgrounds and picnic areas. (7) No more than one residence for caretakers and staff of a recreational facility consisting of no more than 10 sleeping rooms or three dwelling units. 6. Editor's Note:See now Ch.175,Signs. 240:35 10-15-2005 § 240-21.1 MAMARONECK TOWN CODE § 240-21.1 (8) Cross-country skiing, sledding, ice skating and similar winter sports; however, winter sports using mechanized or motorized equipment is prohibited. (9) Child-care facility limited to children of members or guests of the recreational facility and used only while the members or guests are using the recreational facilities. D. Special requirements. (1) The Planning Board shall review the design of all site plans of properties located in this district: (a) So as to preserve to the maximum extent possible wetlands, wetland control areas, flood hazard areas, designated critical environmental areas and other unique natural features, including but not limited to the highest crest of hills, natural rock outcroppings and major tree belts. (b) To ensure that no construction takes place on areas which have slopes greater than 25% prior to any disturbance of the natural contours of the property or on wetland control areas. A slope shall be computed by taking a percentage in which the vertical distance is the numerator and the horizontal distance is the denominator calculated by measuring the vertical rise using two-foot contours, in a thirty-foot horizontal length. (c) To minimize cut and fill; roads should follow natural topography wherever possible. (2) There shall be maintained a minimum of 20% of the area of a parcel as a permanent open space. For the purposes of this section, permanent open space shall be an area exclusive of fairways, tees, greens or other areas of active recreational use, which shall be 240:36 10-15-2005 § 240-21.1 ZONING § 240-24 kept undisturbed and in its natural state, including areas designated as wetlands. § 240-22. One-Family Residence District: R-6. A. Principal uses. (1) The same as § 240-21A above. (2) Railways, not including switching, storage or freight yards or sidings. B. Special uses. The same as § 240-21B above. C. Accessory uses. The same as § 240-21C above. § 240-23. Two-Family Residence District: R-2F. A. Principal uses. (1) The same as §240-21A above. (2) Two-family dwellings. B. Special uses. The same as § 240-21B above. C. Accessory uses. The same as § 240-21C above. § 240-24. Garden Apartment District: R-GA. A. Principal uses. (1) All principal uses permitted and regulated in § 240-23 above. (2) Dwellings for more than two families. B. Special uses. The same as § 240-21B above. C. Accessory uses. The same as § 240-21C above. 240:37 io- 15-2005 § 240-25 MAMARONECK TOWN CODE § 240-25 § 240-25. Business - Mixed Use Business District: B-MUB. [Added 4-4-1990 by L.L. No. 2-1990; amended 3-4-1998 by L.L.No. 4-1998; 5-25-2005 by L.L.No. 9-2005] A. Purpose. The purpose of the B-MUB Zone is to permit a mixture of business and residential uses on large parcels. B. Procedure. (1) Special provisions for mixed-use development shall be permitted only upon application to and approval by the Town Board of a zoning amendment in accordance with the procedures set forth below as well as those set forth in § 240-92 in areas designated on the Zoning Map as B-MUB. (2) Submission. In addition to any requirements for submission set forth in § 240-92 or other applicable local laws, the application shall include the following: (a) A description of the proposed development plan, including the type and floor area of each use proposed, number of parking spaces, interrelationship of uses and such other information as is necessary to provide a complete understanding of the proposal. (b) A preliminary 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 this chapter to allow special provision for mixed use shall not act as a waiver of the requirements of obtaining a special permit in accordance with the procedures set forth in Subsection F. C. Principal uses. The principal uses shall be the same as the principal uses in the Business(B) District. 240:38 10-15-2005 § 240-25 ZONING § 240-25 D. The special permit uses shall be as follows: (1) (Reserved) (2) Radio, television and other electronic transmission structures and towers. (3) Motels and hotels. (4) Veterinary hospital, boarding and care of small pets. (5) Undertaking and funeral homes. (6) Newspaper printing and publishing. (7) (Reserved) (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 60,000 square feet or more if used for nursery business purposes. (9) Restaurants, as defined in this chapter. (10) Mixed-use developments, including the following uses, separately or in combination, subject to the standards set forth below in Subsection E: (a) Multifamily dwellings. (b) Business and professional offices. (c) Retail stores and personal service establishments. E. Special provisions for mixed-use development. Uses proposed under the provisions of Subsection D(10) above shall comply with the following standards: 240:39 09-01 -2006 § 240-25 MAMARONECK TOWN CODE § 240-25 (1) Area and bulk requirements. (a) Minimum site area shall be 80,000 square feet. (b) Maximum height shall be seven floors, excluding covered parking and service area and lobby, up to a maximum height of 87 feet. The height shall be calculated from the average street grade of the site at the curb of the front yard. [Amended 6-21-2006 by L.L. No. 13-2006] (c) Maximum floor area ratio (FAR) for nonresidential uses (excluding structured parking) shall be 0.15. (d) Yards: All setbacks shall be a minimum of 10 feet, except the minimum setback from a public street, other than Madison Avenue, shall be 15 feet. The minimum setback from Madison Avenue shall be 120 feet for commercial uses and 170 feet for residential uses. (e) Maximum building coverage shall be 55%. (2) Residential density. (a) The minimum gross site area per dwelling unit shall be 595 square feet. (b) There shall be no more than one three-bedroom dwelling unit for every 25 dwelling units. If the quotient derived from dividing the number of dwelling units by 25 results in a number that is not a whole number, the quotient shall be rounded down to the nearest whole number, and that whole number shall be the maximum number of three-bedroom dwelling units permitted. (c) There shall be at least one workforce housing unit for every 17 dwelling units. If the quotient 240:40 09-01 -2006 § 240-25 ZONING § 240-25 derived from dividing the number of dwelling units by 17 results in a number that is not a 240:40.1 09-01 -2006 § 240-25 ZONING § 240-25 whole number, the quotient shall be rounded down to the nearest whole number, and that whole number shall be the minimum number of workforce housing units required. "Workforce housing units" shall mean dwelling units occupied permanently by individuals or families whose household income does not exceed 80% of the Westchester County area median income as established from time to time by the United States Department of Housing and Urban Development. (3) Off-street parking. Off-street parking shall be provided on the site in the following ratio: Type of Use Minimum Requirements Efficiency units 1.0 space per unit 1-bedroom units 1.25 spaces per unit 2-bedroom units 1.5 spaces per unit 3-bedroom units 2.0 spaces per unit Retail/office 1.0 space for each 200 square feet of gross floor area (4) Other requirements. (a) No residential uses shall be permitted on the ground floor or on any floor below a nonresidential use, except that there may be one apartment for maintenance personnel, but that apartment shall not share an entrance with the nonresidential uses. (b) 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 in reviewing an application 240:41 10-15-2005 § 240-25 MAMARONECK TOWN CODE § 240-25 for a special permit and shall only be varied upon a finding that the objectives of this section are better served by an alternate plan. [1] The total horizontal cross section of any buildings over 30 feet in height shall not exceed 40% of the total site area. [2] Required front yards shall be landscaped and shall not be paved, except for necessary access drives and walkways. [3] The location and materials of buildings over 30 feet in height shall be reviewed to evaluate their effect on views and sight lines from adjacent residential districts and shall not substantially obstruct or conflict with such view. [4] Service areas and parking lots shall be screened from adjacent residential districts by landscaping, walls or fences of a height and design deemed necessary to protect adjacent residences. [5] The mixed-use development shall undergo the review provided for in § 240-47E of the Code, however, the referral to the Board of Architectural Review mandated in § 240-47E(5) and (6) shall be made by the Planning Board, instead of the Town Board, and the Board of Architectural Review shall render its advisory opinion in connection with the matters listed in §240-47E(5) and (6) to the Planning Board and not the Town Board. F. Procedures for obtaining special permit. (1) The Town Board shall issue special permits for mixed-use developments in the B-MUB Zone. 240:42 10- 15-2005 § 240-25 ZONING § 240-25 Articles IX and XIV of Chapter 240 of the Code shall not apply to an application for a special permit made pursuant to this section of the Code. (2) Application submission; public hearings. (a) A person or entity seeking a special permit shall submit the application for such permit to the Town Board. That application shall be accompanied by all of the documents required by § 177-10 of the Code for an application for site plan approval. The Town Board shall refer the application for a special permit to the Planning Board for a written advisory opinion thereon. (b) The Town Board shall not issue such permit without first conducting a public hearing on the application. Such public hearing shall not be held until the earlier of the Town Board's receipt of the Planning Board's advisory opinion or the 60th day following the date that the referral is received by the secretary of the Planning Board. An application for a special permit shall not be considered as having been received by the Town Board within the meaning of § 274-b(6) of the New York Town Law until the later of the date on which all proceedings pursuant to Article 8 of the New York Environmental Conservation Law have been completed or the earliest date on which the Town Board may conduct a public hearing with respect to the application for a special permit. (3) Although the referral of the application for a special permit to the Planning Board for an advisory opinion is not an application for site plan approval and shall not be construed as such, the Planning Board shall treat the referral as if it were an application for site plan approval and apply all of the provisions of 240:43 10-15-2005 § 240-25 MAMA.RONECK TOWN CODE § 240-25 Chapter 177 of the Code to the referral, except that the Planning Board shall have the discretion to decide whether or not to conduct a public hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning Board shall refer the application for the special permit to the Board of Architectural Review, the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department and the State Department of Transportation (if the property for which a special permit is being sought has frontage along a state highway) and all other local, state, county, regional and federal agencies that would have jurisdiction if the referral from the Planning Board were made in connection with a site plan application. Each of the bodies or persons to whom the Planning Board refers the application for a special permit shall review that application as if it were reviewing an application for site plan approval. (4) All written comments pertaining to the application for a special permit submitted to the Planning Board or to any of the bodies or persons to whom the Planning Board shall have referred such application shall accompany the Planning Board's advisory opinion to the Town Board. (5) If the Town Board grants a special permit, the person or entity to whom the special permit shall have been issued may apply to the Director of Building Code Enforcement and Land Use Administration for a building permit without having to obtain site plan approval pursuant to Chapter 177 of the Code. The conditions contained in the special permit shall be part of any building permit issued for a mixed-use development. 240:44 10- 15-2005 § 240-25 ZONING § 240-27 G. Criteria for deciding whether to grant a special permit pursuant to this section. In determining whether to grant a special permit, the Town Board shall apply the standards contained in § 240-62 of the Code, shall consider whether the person or entity applying for such permit has offered to construct or fund improvements which would ameliorate parking and traffic control in the Washington Square area of the Town and shall attach such conditions and safeguards to the special permit as are necessary to assure that all applicable standards and requirements will continue to be met. § 240-26. Attached Residence District: R-A. A. Principal uses. The same as § 240-24A above. B. Special uses. The same as § 240-21B above. C. Accessory uses. The same as § 240-21C above. § 240-27. Tower Apartment District: R-TA. A. Principal uses. (1) The same as § 240-24A above. (2) Professional office of a physician, dentist, chiropractor, architect, engineer or similar professional person. B. Special uses. The same as § 240-21B above. C. Accessory uses. (1) The same as § 240-21C above. (2) Self-service laundry for use of the residents of an apartment building. 240:45 10- 15-2005 § 240-28 MAMARONECK TOWN CODE § 240-30 ARTICLE V Business and Industrial Districts: Permitted Uses § 240-28. (Reserved) 7 § 240-29. (Reserved) 8 § 240-30. Business District: B. [Amended 4-17-1963; 5-5-1976; 6-2-1976; 12-7-1988 by L.L. No. 8-1988; 4-4-1990 by L.L.No. 2-1990;3-4-1998 by L.L.No. 4-1998] A. Principal uses. (1) Store for sale of goods at retail or performance of customary personal services or service clearly incidental to retail sales, but no fabrication or manufacturing except incidental to and on the same premises as such retail sales. The hours of operation for all retail uses shall be from 6:00 a.m. to midnight. (2) (Reserved) (3) Indoor recreation or amusement establishments. (4) Business or professional offices. (5) (Reserved) (6) Municipal uses. (7) Public utility structures serving a local area. B. Special permit uses, subject to conformance to additional standards as provided herein and in Article IX (§§ 240-60 to 240-65). 7. Editor's Note: Former §240-28, Office Building District: OB-1, as amended 4-17-1963,was repealed 11-5-2003 by L.L.No.22-2003. 8. Editor's Note: Former 5 240-29, Office Building District: OB-2, was repealed 11.5-2003 by L.L.No.22-2003. 240:46 10- 15- 2005 § 240-30 ZONING § 240-30 (1) (Reserved) (2) Radio, television and other electronic transmission structures and towers. (3) Motels and hotels. (4) Veterinary hospital, boarding and care of small pets. (5) Undertaking and funeral homes. (6) Newspaper printing and publishing. (7) 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 60,000 square feet or more if used for nursery business purposes. (8) Restaurants (see Subsection C(1) below). C. Except for food-related retail uses that satisfy the criteria of § 240-30E, the hours of operation for all food-related retail uses listed below shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use. [Amended 2-6-2002 by L.L.No.4-2002] (1) Restaurants, as defined in this chapter. (a) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be 25 feet. (2) Take-out food establishment, delicatessen or convenience store, as defined in this chapter, subject to the following conditions: (a) Such use shall not be located within 300 feet of the lot line of any other such use, or any legal 240:47 to-15-2005 § 240-30 MAMARONECK TOWN CODE § 240-30 and/or legal nonconforming food-related retail use, within or outside the boundaries of the Town. (b) Drive-through service shall be prohibited. (c) Access to all food-related retail uses shall be via a major arterial. (d) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be 25 feet. (e) Any proposal for a new or expanded business shall be required to go through site plan approval if the action involves: [1] An expansion of the building envelope; and/or [2] An expansion of the parking area; and/or [3] An increase in seating capacity; and/or [4] A change in signage. (f) When a proposal for a new and/or expanded stand-alone, fast- food restaurant, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or Site Plan Approval, such application shall also require Board of Architectural Review approval, pursuant to Chapter 3 of the Town Code. (g) A nonconforming fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment, shall require a use variance. 240:48 10. 15-2005 § 240-30 ZONING § 240-30 (3) Supermarket, subject to the following additional conditions: (a) The minimum lot size for a supermarket shall be 3.5 acres. (b) Such use shall not be located within 300 feet of the lot line of any other such use. (4) Grocery store. (a) Such use shall have a gross floor area of not more than 5,000 square feet. (5) Ice cream/confectionary store. (6) Cafeteria. (7) Luncheonette. D. 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 under the provisions of Chapter 175, Signs. E. Any food-related retail use which regularly conducted such business prior to April 14, 1998, shall not be required to limit its hours of operation to the hours between 6:00 a.m. and 12:00 midnight but can continue to operate such business during the hours that it was conducting such business as of April 13, 1998; provided, however, if such food related retail use ceases to be a food-related retail use for a period of one or more years, the hours of operation of any food-related retail use which may commence operation at that site thereafter shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use. [Added 2-6-2002 by L.L.No. 4-2002] 240:49 10- 15-2005 § 240-31 MAMARONECK TOWN CODE § 240-31 § 240-31. Service Business District: SB. [Added 4-4-1990 by L.L. No. 2-1990] A. Principal uses: (1) Indoor recreation or amusement establishments. (2) Business or professional offices. (3) The 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, as defined in this chapter. [Amended 3-4-1998 by L.L.No.4-1998] (a) Except for a restaurant which regularly conducted such business prior to April 14, 1998, the hours of operation for all restaurants shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use. Any restaurant which regularly conducted such business prior to April 14, 1998, shall not be required to limit its hours of operation to the hours between 6:00 a.m. and 12:00 midnight but can continue to operate such business during the hours that it was conducting such business as of April 13, 1998; provided, however, if such restaurant ceases to be a restaurant for a period of one or more years, the hours of operation of any restaurant that may commence operation at that site thereafter 240:50 10- 15-2005 § 240-31 ZONING § 240-31 shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use. [Amended 2-6-2002 by L.L.No. 4-2002] (8) Luncheonette. [Added 3-4-1998 by L.L. No. 4-19989] (9) Ice cream/confectionary store. [Added 3-4-1998 by L.L.No.4-1998] (10) Wholesale or storage businesses in enclosed buildings. (11) Municipal uses. (12) Public utility structure serving a local area. B. Special uses: (1) Stores for the 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. (6) Contractors establishments. 9. Editor's Note: This local law also provided for the renumbering of former Subsection A(S),(9)and(10)as Subsection A(10),(11)and(12),respectively. 240:51 10- 15-2005 § 240-31 MAMARONECK TOWN CODE § 240-31 (7) Automatic car-washing facilities as an adjunct to existing gasoline filling stations and/or public garages. (8) Fast-food restaurant, take-out food establishment, delicatessen or convenience store, subject to the following conditions: [Added 3-4-1998 by L.L. No. 4-1998] (a) Such uses shall not be located within 300 feet of the lot line of each other within or outside the boundaries of the Town. (b) Drive-through service shall be prohibited. (c) Access to all food-related retail uses shall be via a major arterial. (d) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be 25 feet. (e) Any proposal for a new or expanded business shall be required to go through site plan approval if the action involves: [1] An expansion of the building envelope; and/or [2] An expansion of the parking area; and/or [3] An increase in seating capacity; and/or [4] A change in signage. (f) When a proposal for a new and or expanded stand-alone, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or site plan approval, such application shall also require Board of Architectural Review approval pursuant to 240:52 10-15-2005 § 240-31 ZONING § 240-32 Chapter 3 of the Town Code. The Board of Architectural Review shall have the authority to modify or omit standardized facades, signs, materials, colors or other elements of the business's design and external appearance which violate the provisions of the Town's Sign Ordinancel0 so as to achieve the Town's land use and design objectives. (g) An existing fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment shall require a special permit. (9) Supermarket. [Added 3-4-1998 by L.L.No.4-1998] (a) The minimum lot size for a supermarket shall be 3.5 acres. § 240-32. 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. (3) Building, plumbing, electrical and similar contractor's establishments. (4) Laundry and 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 10. Editor's Note:See Ch.175,Signs. 240:53 10- 15-2005 § 240-32 MAMARONECK TOWN CODE § 240-32.1 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 interference 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. (6) Cellular telephone facility. [Added 2-15-1995 by L.L. No. 3-1995] B. Special uses. (1) Radio, television and other electronic transmission structures. [Added 2-15-1995 by L.L.No.3-1995] C. Accessory uses. The same as § 240-30C above. § 240-32.1. Urban renewal areas. [Amended 5-8-1991 by L.L.No. 4-1991] In any area determined by the Town Board to be appropriate for designation under Article XV of the General Municipal Law as an urban renewal area, one or more of the following uses shall be permitted in accord with the provisions of an adopted urban renewal plan. A. Any permitted or special permit use in the Business District - B, in accord with the construction requirements 240:54 10- 15- 2005 § 240-32.1 ZONING § 240-33 therefor set forth in § 240-45. [Amended 3-4-1998 by L.L. No.4-1998] B. Multifamily dwellings as permitted in the Tower Apartment District - R-TA, in accord with the construction requirements therefor set forth in § 240-43, except that building height shall not exceed four stories or 44 feet and there shall be at least 1,750 square feet of lot area for each dwelling unit on the site. C. Affordable multifamily dwellings, where all units comply with the definition of "affordable units" as adopted by resolution by the Town Board of the Town of Mamaroneck, to be permitted in accord with construction requirements to the extent they differ from those of the R-TA District, on sites designated on the Zoning Map. ARTICLE VI Residence Districts: Bulk and Dimensional Requirements § 240-33. One-Family Residence District: R-50. [Added 7-16-1986 by L.L.No.9-1986] A. Lot requirements. (1) Minimum lot area per dwelling unit: 50,000 square feet. (2) Minimum lot width and length of street line frontage: 150 feet. (3) Minimum depth of lot: 150 feet. B. Yards, courts and open spaces. (1) Minimum front yard: 50 feet. On a corner lot, a front yard should be provided on each street. (See § 240-54.) (2) Minimum side yards: 35 feet for each side yard. 240:55 10- 15-2005 § 240-33 MAMARONECK TOWN CODE § 240-33 (3) Minimum rear yard: 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 story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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 § 240-55. (d) Usable open space, in square feet per dwelling unit: 1,200. C. Floor area. Minimum first floor area, in square feet. (1) One story: 2,100. (2) One and one-half stories: 1,800. (3) Two and one-half stories: 1,500. D. Maximum heights. (1) In stories: 2 1/2. (2) In feet: 35. E. Off-street parking spaces. As required by § 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] 240:56 to- 15- 2005 § 240-33 ZONING § 240-34 G. Maximum size. See § 240-59.1. [Added 1-8-2003 by L.L. No. 1-2003] § 240-34. One-Family Residence District: R-30. [Amended 7-16-1986 by L.L.No. 9-1986] A. Lot requirements. (1) Minimum lot area per dwelling unit: 30,000 square feet. (2) Minimum lot width and length of street line frontage: 125 feet. (3) Minimum depth of lot: 150 feet. B. Yards, courts and open spaces. (1) Minimum front yard: 50 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: 20 feet. (b) Total of two: 50 feet. (c) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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: 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. 240:57 10-15-2005 § 240-34 MAMARONECK TOWN CODE § 240-35 (b) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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 reqi1 ed by § 240-55. (d) Usable open space (in square feet per dwelling unit): 1,200. C. Floor area. Minimum first floor area, in square feet. (1) One story: 2,100. (2) One and one-half stories: 1,800. (3) Two and two and one-half stories: 1,500. D. Maximum heights. (1) In stories: two and one-half(2 1/2). (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by §§ 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] G. Maximum size. See § 240-59.1. [Added 1-8-2003 by L.L. No. 1-2003] § 240-35. One-Family Residence District: R-20. A. Lot requirements. 240:58 10- 15- 2005 § 240-35 ZONING § 240-35 (1) Minimum lot area per dwelling unit: 20,000 square feet. (2) Minimum lot width and length of street line frontage: 100 feet. (3) Minimum depth of lot: 125 feet. B. Yards, courts and open spaces. (1) Minimum front yard: 40 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: 15 feet. (b) Total of two: 40 feet. (c) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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: 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 story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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. 240:59 10- 15-2005 § 240-35 MAMARONECK TOWN CODE § 240-36 (4) Minimum courts: as required by § 240-55. (5) Usable open space, in square feet per dwelling unit: 1,200. C. Floor area. Minimum first floor area, in square feet. (1) One story: 1,900. (2) One and one-half stories: 1,700. (3) Two and two and one-half stories: 1,400. D. Maximum heights. (1) In stories: 2 1/2. (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] G. Maximum size. See § 240-59.1. [Added 1-8-2003 by L.L. No. 1-2003] § 240-36. One-Family Residence District: R-15. A. Lot requirements. (1) Minimum lot area per dwelling unit: 15,000 square feet. (2) Minimum lot width and length of street-line frontage: 100 feet. (3) Minimum depth of lot: 100 feet. B. Yards, courts and open spaces. 240:60 10-15-2005 § 240-36 ZONING § 240-36 (1) Minimum front yard: 40 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: 10 feet. (b) Total of two: 30 feet. (c) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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: 25 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 story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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 § 240-55. (5) Usable open space, in square feet per dwelling unit: 1,200. C. Floor area. Minimum first-floor area, in square feet. (1) One story: 1,600. (2) One and one-half stories: 1,300. 240:61 10-15-2005 § 240-36 MAMARONECK TOWN CODE § 240-37 (3) Two and two and one-half stories: 1,000. D. Maximum heights. (1) In stories: 2 1/2. (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] G. Maximum size. See § 240-59.1. [Added 1-8-2003 by L.L. No. 1-2003] § 240-37. One-Family Residence District: R-10. A. Lot requirements. (1) Minimum lot area per dwelling unit: 10,000 square feet. (2) Minimum lot width and length of street-line frontage: 85 feet. (3) Minimum depth of lot: 100 feet. B. Yards, courts and open spaces. (1) Minimum front yard: 30 feet. On a corner lot, 'a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: 10 feet. (b) Total of two: 25 feet. 240:62 10- 15 - 2005 § 240-37 ZONING § 240-37 (c) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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: 25 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 story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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 § 240-55. (5) Usable open space, in square feet per dwelling unit: 1,200. C. Floor area. Minimum first-floor area, in square feet. (1) One story: 1,400. (2) One and one-half stories: 1,100. (3) Two and two and one-half stories: 900. D.' Maximum heights. (1) In stories: 2 1/2. (2) In feet: 35. 240:63 io-15-2005 § 240-37 MAMARONECK TOWN CODE § 240-38 E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] G. Maximum size. See § 240-59.1. [Added 1-8-2003 by L.L. No. 1-2003] § 240-38. One-Family Residence District: R-7.5. A. Lot requirements. (1) Minimum lot area per dwelling unit: 7,500 square feet. (2) Minimum lot width and length of street-line frontage: 75 feet. (3) Minimum depth of lot: 100 feet. B. Yards, courts and open spaces. (1) Minimum front yard: 30 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: 10 feet. (b) Total of two: 20 feet. (c) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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. 240:64 10-15-2005 § 240-38 ZONING § 240-38 (3) Minimum rear yard: 25 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 story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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 § 240-55. (5) Usable open space, in square feet per dwelling unit: 1,200. C. Floor area. Minimum first-floor area, in square feet. (1) One story: 1,200. (2) One and one-half stories: 1,000. (3) Two and two and one-half stories: 800. D. Maximum heights. (1) In stories: 2 1/2. (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] 240:65 10-15-2005 § 240-38 MAMARONECK TOWN CODE § 240-39 G. Maximum size. See § 240-59.1. [Added 1-8-2003 by L.L. No. 1-2003] § 240-39. One-Family Residence District: R-6. A. Lot requirements. (1) Minimum lot area per dwelling unit: 6,000 square feet. (2) Minimum lot width and length of street-line frontage: 60 feet. (3) Minimum depth of lot: 100 feet. B. Yards, courts and open spaces. (1) Minimum front yard: 30 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: eight feet. (b) Total of two: 18 feet. (c) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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: 25 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. 240:66 to- 15- 2005 § 240-39 ZONING §240-39 (b) An unattached accessory building not over one story or 15 feet in height and located on the rear 1/3 of the lot may be placed at a minimum distance of five 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 §240-55. (5) Usable open space, in square feet per dwelling unit: 1,200. C. Floor area. Minimum first-floor area, in square feet. (1) One story: 1,000. (2) One and one-half stories: 800. (3) Two and two and one-half stories: 700. D. Maximum heights. (1) In stories: 2 1/2. (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by §§ 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] G. Maximum size. See § 240-59.1. [Added 1-8-2003 by L.L. No. 1-2003] 240:67 10- 15-2005 § 240-39.1 MAMARONECK TOWN CODE § 240-39.1 § 240-39.1. Recreation District: R. [Added 7-20-1994 by L.L.No. 6-1994] A. Lot requirements. (1) Minimum lot area: 50 acres. (2) Minimum lot width and length of street line frontage: 300 feet. Minimum lot depth: 500 feet. (3) Perimeter buffer area around the entire perimeter of the property, in which no court, pool, field, green, fairway, tee or structure may be placed: no less than 40 feet in width. The Planning Board shall approve appropriate screening within the buffer area so as to minimize visual, sound and other impacts on adjacent property. B. Yards, courts and open space. (1) Minimum front yard: 150 feet. On a corner lot, a front yard should be provided on each street. (See § 240-54.) No parking may be placed in any required front yard. (2) Minimum side yard: 75 feet for each side yard. Minimum rear yard: 100 feet. (3) Principal and accessory uses are not permitted in required front yards. (4) Accessory uses require a minimum forty-foot rear yard and forty-foot minimum for each side yard. C. Coverage. (1) No principal buildings or combination of principal buildings on the site shall have a coverage which exceeds 1% of the total area of the lot. (2) The total of all buildings shall not exceed an area of 1.25% of the total lot area. 240:68 10-15- 2005 § 240-39.1 ZONING § 240-40 D. Maximum height. (1) In stories: two and one-half(2 1/2) stories. (2) In feet: 35 feet. E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. F. Minimum off-street loading spaces: see § 240-82. G. All permitted storage shall be entirely within a building except for parking and loading vehicles. H. All lighting shall be located and shaded in a manner so that the light source itself is not visible beyond the boundaries of the lot on which it is located. § 240-40. Two-Family Residence District: R-2F. A. Lot requirements. (1) Minimum lot area per dwelling unit: 5,000 square feet. (Any lot existing in the R-2F Zone in single and separate ownership on June 29, 1959, having at least 7,500 square feet, may be used for two-family residence.) (2) Minimum lot width and length of street-line frontage: 50 feet per dwelling unit. [Amended 4-17-1963] (3) Minimum depth of lot: 100 feet. B. Yards, courts and open spaces. (1) Minimum front yard: 30 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. 240:69 10- 15-2005 § 240-40 MAMARONECK TOWN CODE § 240-40 (a) Least one: eight feet. (b) Total of two: 18 feet. (c) An unattached accessory building not over one story or 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 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: 25 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 story or 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 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 §240-55. (5) Usable open space, in square feet per dwelling unit: 1,200. C. Floor area. Minimum first-floor area, in square feet. (1) One story: 1,000. (2) One and one-half stories: 800. (3) Two and two and one-half stories: 700. D. Maximum heights. 240:70 10- 15-2005 § 240-40 ZONING § 240-41 (1) In stories: two and one-half(2 1/2). (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by §§ 240-75 through 240-78. F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of 35%. [Added 7-17-1996 by L.L. No. 14-1996] § 240-41. Garden Apartment District. R-GA. A. Lot requirements. (1) Minimum lot area per dwelling unit: 3,500 square feet. (2) Minimum depth of lot: 150 feet. (3) Maximum coverage of lot: 25%. [Amended 7-17-1996 by L.L.No. 14-1996] B. Yards, courts and open spaces. (1) Minimum front yard: 30 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) [Amended 7-17-1996 by L.L.No. 14-1996] (2) Minimum side yards. (a) Least one: 25 feet. [Amended 7-17-1996 by L.L.No. 14-1996] (b) Total of two: 60 feet. [Amended 7-17-1996 by L.L.No. 14-1996] • (c) An unattached accessory building not over one story or 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 feet from the 240:71 10-15-2005 § 240-41 MAMARONECK TOWN CODE § 240-42 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: 25 feet. [Amended 7-17-1996 by L.L.No. 14-1996] (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 story or 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 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 § 240-55. (5) Usable open space, in square feet per dwelling unit: 400. C. Floor area. Minimum floor area per dwelling unit: an average of 750 square feet per dwelling unit. D. Maximum heights. I (1) In stories: two and one-half(2 1/2). (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. § 240-42. Attached Residence District: R-A. A. Lot requirements. 240:72 10- 15-2005 § 240-42 ZONING § 240-42 (1) Minimum lot area per dwelling unit: 2,500 square feet. (2) Minimum depth of lot: 100 feet. (3) Maximum coverage of lot: 25%. B. Yards, courts and open spaces. (1) Minimum front yard: 30 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: 25 feet. [Amended 7-17-1996 by L.L.No. 14-1996] (b) Total of two: 60 feet. [Amended 7-17-1996 by L.L.No. 14-1996] (c) An unattached accessory building not over one story or 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 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: 25 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 story or 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 feet from the property line. On a corner lot, such accessory building shall not be located nearer to the 240:73 io- 15- 2005 § 240-42 MAMARONECK TOWN CODE § 240-43 street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: 300. C. Floor area. Minimum floor area per dwelling unit: an average of 750 square feet per dwelling unit. D. Maximum heights. (1) In stories: 2 1/2. (2) In feet: 35. E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. § 240-43. Tower Apartment District: R-TA. A. Lot requirements. (1) Minimum lot area per dwelling unit: 1,500 square feet. (2) Minimum depth of lot: 100 feet. (3) Maximum coverage of lot: 20%. B. Yards, courts and open spaces. (1) Minimum front yard: 15 feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) One and one-half (1 1/2) inches per foot of building height but not less than five feet or one inch for each foot of building length, a minimum of 10 feet from a street. 240:74 10- 15-2005 § 240-43 ZONING § 240-43 (b) An unattached accessory building not over one story or 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 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: three inches per foot of building height but not less than 15 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 story or 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 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 § 240-55. (5) Usable open space, in square feet per dwelling unit: 200. C. Floor area. Minimum floor area per dwelling unit: an average of 750 square feet per dwelling unit. D. Maximum heights. (1) In stories: six. (2) In feet: 70. E. Off-street parking. Minimum number of off-street parking spaces: as required by §§ 240-75 through 240-78. 240:75 09-01 -2006 § 240-44 MAMARONECK TOWN CODE § 240-45 ARTICLE WI Business and Industrial Districts: Bulk and Dimensional Requirements § 240-44. (Reserved) 11 § 240-45. Business District: B. A. Lot requirements. (1) Minimum lot area: none. (2) Minimum width at front setback line: 150 feet. [Amended 4-4-1990 by L.L. No. 2-1990] (3) Maximum building coverage: 25%. B. Minimum yards. (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 75 feet. (2) Side yards: (a) No side yard is required but, if provided, shall be at least four feet; except where a lot adjoins a residence district, there shall be a side yard of at least 10 feet, which shall be permanently 11. Editor's Note:Former§240-44,Office Building Districts:OB-1 and OB-2, was repealed 4-19.2006 by L.L.No.5-2006. 240:76 09-01 -2006 § 240-45 ZONING § 240-45 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 feet from the street upon which said residence district has frontage. (3) Rear yards: no rear yard is required, except where a lot adjoins a residence district, in which case the rear yard shall be at least 25 feet, at least 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): 50%. D. Maximum heights. (1) In stories: two. (2) In feet: 30. E. Minimum number of off-street parking spaces: see §§ 240-75 through 240-78. F. Minimum off-street loading space: see § 240-82. 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. H. Design requirements and guidelines. [Added 11-19-2003 by L.L.No. 23-2003] (1) There are five areas where careful attention to design is warranted. Those areas are building design; landscaping on the perimeter of a lot and 240:79 10- 15-2005 § 240-45 MAMARONECK TOWN CODE § 240-45 within its parking area; signs and exterior lighting; placement of buildings on lots; and parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in Subsections H(8)(a) through (e) of this section. (2) In general. (a) For lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the Town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; and (b) For lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through-travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3) Applicants are discouraged from proposing standardized corporate franchise design. (4) In addition to complying with the standards, requirements and guidelines contained in this section all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. in situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. 240:80 10- 15 -2005 § 240-45 ZONING § 240-45 (5) For any project which requires site plan approval and/or a special permit ("Board approval") and involves any of the work described in Subsection H(5)(a) through (g), below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in Subsections H(8)(a) through (c) of this section. (a) Construction of a new structure; (b) Relocation of an existing structure; (c) Demolition or razing of all or a portion of the exterior of an existing structure; (d) Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or enclosing any portion of an existing window or door space of an existing structure; (e) Alteration of any roofline; (f) Construction, enlargement or alteration of any nonlandscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or storage areas; or (g) The removal or change to landscaping on the lot. (6) Prior to conducting a public hearing on an application requiring Board approval, the Issuing Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed projects: 240:81 10-15-2005 § 240-45 MAMARONECK TOWN CODE § 240-45 (a) Building design; (b) Landscaping on the lot perimeter and within the parking area; and (c) Signs and exterior lighting. (7) In determining whether to grant site plan approval and/or issue a special permit, the Issuing Board shall consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject that Board's recommendations, in whole or in part. It shall also apply the design review criteria set forth below with respect to the proposed projects: (a) Placement of buildings on the lot; and (b) Parking, internal traffic circulation and curb cuts. (8) The design criteria to be applied by the Board of Architectural Review when rendering its advisory opinion and by the Issuing Board in determining whether to accept or reject the Board of Architectural Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a special permit are: (a) Building design. [1] At least 40% of the primary structure's front elevation at street level shall be window. [2] Structures situated at corners should "wrap" the corner by continuing facade elements on all street elevations, with such elements as the overall building material and window design, and horizontal features such as the cornice. 240:82 10- 15-2005 § 240-45 ZONING § 240-45 [3] Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the street that they face. [4] Proposed changes in exterior architectural features shall be in harmonious relationship to the remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is to be achieved to the maximum extent possible. Areas of review shall include the scale and general size of the structure or structures in relationship to the existing surroundings; specifically, the structures overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc) and architectural details. [5] Treatment of the sides and the rear of the structures shall be comparable in appearance and amenity to the treatment given to the street frontage elevation. [6] Building materials and colors should be selected which avoid jarring and incongruous contrasts, both within new development and seen against existing structures. (b) Landscaping on the lot perimeter and within the parking area. [1] The proposed landscaping shall visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure; provide shade, windbreak and glare reduction to pedestrians and parked cars; physically separate pedestrians from vehicles; and 240:83 io- 15-2005 § 240-45 MAMARONECK TOWN CODE § 240-45 provide pervious surface to assist in stormwater management. [2] A coordinated landscaped design shall be required, incorporating open space and/or recreation, if appropriate, walks, access drives, parking areas and lot perimeter. The following areas shall be landscaped: [a] Along the public right-of-way. [i] Except where there is a sufficient reason not to do so, one shade tree shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. [b] Along the parking lot's perimeter. [i] The landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. [c] Within the parking lot's interior, where appropriate. [i] Planting islands shall be evenly spaced within the parking lot. [ii] No planting island shall be less than five feet wide in any dimension. [iii] Plants shall be a mix of shrubs, deciduous trees, evergreen trees and groundcover. 240:84 10- 15-2005 § 240-45 ZONING § 240-45 [iv] Existing parking areas shall either install landscaped islands or increase the number of landscaped islands to the maximum extent practicable. [v] All landscaping shall be maintained in good condition. (c) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: [1] Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs or hanging signs. [2] No one business shall exceed two signs on the premises. [3] Multiple uses on a lot shall have coordinated signage. [4] Signs shall not be internally illuminated. [5] All exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. (d) Placement of buildings on the lot. [1] Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line shall be 10 feet or less, for nonresidential structures, from the boundary line between the lot and the right-of-way. The preferred build-to line for residential 240:85 1.0-15-2005 § 240-45 MAMARONECK TOWN CODE § 240-46 structures shall be 10 feet from the boundary line between the lot and the right-of-way. [2] In developments where there will be more than one structure on a single site, such structures, and their signage, landscaping and lighting, shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (e) Parking, internal circulation and curb cuts. [1] To the maximum extent practicable, parking shall be located to the side and/or rear of the primary structure. [2] No more than 10% of the parking may be located as convenience (short-term) parking in front of the primary structure. [3] Except where there is a sufficient reason not to do so, including but not limited to a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. §240-46. Service Business: SB. [Added 4-4-1990 by L.L. No.2-1990] A. Lot requirements: the same as Business District except minimum lot width shall be 100 feet. B. Minimum yards: the same as Business (B) District. C. Maximum floor area: the same as Business (B) District. 240:86 10- 15-2005 § 240-46 ZONING § 240-46 D. Maximum height: the same as Business (B) District. E. Minimum number of off-street parking spaces: the same as Business District. F. Minimum off-street loading space: the same as Business (B) District. 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. (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 Chapter 177, Site Plan Review. (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 property 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. 240:87 1.0-15-2005 § 240-46 MAMARONECK TOWN CODE § 240-46 H. Design requirements and guidelines. [Added 11-19-2003 by L.L.No. 23-2003] (1) There are five areas where careful attention to design is warranted. Those areas are building design; landscaping on the perimeter of a lot and within its parking area; signs and exterior lighting; placement of buildings on lots; and parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in Subsections H(8)(a) through (e) of this section. (2) In general. (a) For lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the Town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; and (b) For lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through-travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3) Applicants are discouraged from proposing standardized corporate franchise design. (4) In addition to complying with the standards, requirements and guidelines contained in this section all applicants shall propose customized, site-specific designs that satisfy the criteria 240:88 10-15-2005 § 240-46 ZONING § 240-46 contained in Chapter 3 of the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. (5) For any project which requires site plan approval and/or a special permit ("Board approval") and involves any of the work described in Subsections H(5)(a) through (g), below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in Subsections H(8)(a) through (e) of this section. (a) Construction of a new structure; (b) Relocation of an existing structure; (c) Demolition or razing of all or a portion of the exterior of an existing structure; (d) Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or enclosing any portion of an existing window or door space of an existing structure; (e) Alteration of any roofline; (f) Construction, enlargement or alteration of any nonlandscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or storage areas; or (g) The removal or change to landscaping on the lot. (6) Prior to conducting a public hearing on an application requiring Board approval, the Issuing 240:89 10- 15-2005 § 240-46 MAMARONECK TOWN CODE § 240-46 Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed project's: (a) Building design; (b) Landscaping on the lot perimeter and within the parking area; and (c) Signs and exterior lighting. (7) In determining whether to grant site plan approval and/or issue a special permit, the Issuing Board shall consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject that Board's recommendations, in whole or in part. It shall also apply the design review criteria set forth below with respect to the proposed project's: (a) Placement of buildings on the lot; and (b) Parking, internal traffic circulation and curb cuts. (8) The design criteria to be applied by the Board of Architectural Review when rendering its advisory opinion and by the Issuing Board in determining whether to accept or reject the Board of Architectural Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a special permit are: (a) Building design. [1] At least 40% of the primary structure's front elevation at street level shall be window. [2] Structures situated at corners should "wrap" the corner by continuing facade elements on all street elevations, with such elements as the overall building 240:90 10-15-2005 § 240-46 ZONING § 240-46 material and window design, and horizontal features such as the cornice. [3] Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the street that they face. [4] Proposed changes in exterior architectural features shall be in harmonious relationship to the remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is to be achieved to the maximum extent possible. Areas of review shall include the scale and general size of the structure or structures in relationship to the existing surroundings; specifically, the structures overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc) and architectural details. [5] Treatment of the sides and the rear of the structures shall be comparable in appearance and amenity to the treatment given to the street frontage elevation. [6] Building materials and colors should be selected which avoid jarring and incongruous contrasts, both within new development and seen against existing structures. (b) Landscaping on the lot perimeter and within the parking area. [1] The proposed landscaping shall visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure; provide shade, 240:91 10- 15-2005 § 240-46 MAMARONECK TOWN CODE § 240-46 windbreak and glare reduction to pedestrians and parked cars; physically separate pedestrians from vehicles; and provide pervious surface to assist in stormwater management. [2] A coordinated landscaped design shall be required, incorporating open space and/or recreation, if appropriate, walks, access drives, parking areas and lot perimeter. The following areas shall be landscaped: [a] Along the public right-of-way. [i] Except where there is a sufficient reason not to do so, one shade tree shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. [b] Along the parking lot's perimeter. [i] The landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. [c] Within the parking lot's interior, where appropriate. [i] Planting islands shall be evenly spaced within the parking lot. [ii] No planting island shall be less than five feet wide in any dimension. 240:92 to- 15-2005 § 240-46 ZONING § 240-46 [iii] Plants shall be a mix of shrubs, deciduous trees, evergreen trees and groundcover. [iv] Existing parking areas shall either install landscaped islands or increase the number of landscaped islands to the maximum extent practicable. [v] All landscaping shall be maintained in good condition. (c) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: [1] Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs or hanging signs. [2] No one business shall exceed two signs on the premises. [3] Multiple uses on a lot shall have coordinated signage. [4] Signs shall not be internally illuminated. [5] All exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. (d) Placement of buildings on the lot. [1] Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line 240:93 10-15-2005 § 240-46 MAMARONECK TOWN CODE § 240-46 shall be 10 feet or less, for nonresidential structures, from the boundary line between the lot and the right-of-way. The preferred build-to line for residential structures shall be 10 feet from the boundary line between the lot and the right-of-way. [2] In developments where there will be more than one structure on a single site, such structures, and their signage, landscaping and lighting, shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (e) Parking, internal circulation and curb cuts. [1] To the maximum extent practicable, parking shall be located to the side and/or rear of the primary structure. [2] No more than 10% of the parking may be located as convenience (short-term) parking in front of the primary structure. [3] Except where there is a sufficient reason not to do so, including but not limited to a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. 240:94 10-15-2005 § 240-47 ZONING § 240-47 § 240-47. Business - Mixed Use Business District: (B-MUB). [Added 4-4-1990 by L.L. No. 2-1990; amended 11-19-2003 by L.L.No.23-2003] The following requirements shall apply except as otherwise provided in § 240-25E(1). A. Lot requirements: the same as Business (B) District. B. Yards, courts and open spaces: the same as Business (B) District. C. Floor area: the same as Business (B)District. D. Maximum height: the same as Business (B) District. E. Design requirements and guidelines. (1) There are five areas where careful attention to design is warranted. Those areas are building design; landscaping on the perimeter of a lot and within its parking area; signs and exterior lighting; placement of buildings on lots; and parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in Subsections E(8)(a) through (e) of this section. (2) In general. (a) For lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the Town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; and (b) For lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section 240:95 10-15-2005 § 240-47 MAMARONECK TOWN CODE § 240-47 are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through-travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3) Applicants are discouraged from proposing standardized corporate franchise design. (4) In addition to complying with the standards, requirements and guidelines contained in this section all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. (5) For any project which requires site plan approval and/or a special permit ("Board approval") and involves any of the work described in Subsections E(5)(a) through (g) below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in Subsections E(8)(a) through (c) of this section. (a) Construction of a new structure; (b) Relocation of an existing structure; (c) Demolition or razing of all or a portion of the exterior of an existing structure; (d) Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or enclosing any 240:96 1.0- 15 -2005 § 240-47 ZONING § 240-47 portion of an existing window or door space of an existing structure; (e) Alteration of any roofline; (f) Construction, enlargement or alteration of any nonlandscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or storage areas; or (g) The removal or change to landscaping on the lot. (6) Prior to conducting a public hearing on an application requiring Board approval, the Issuing Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed project's: (a) Building design; (b) Landscaping on the lot perimeter and within the parking area; and (c) Signs and exterior lighting. (7) In determining whether to grant site plan approval and/or issue a special permit, the Issuing Board shah consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject that Board's recommendations, in whole or in part. It shall also apply the design review criteria set forth below with respect to the proposed project's: (a) Placement of buildings on the lot; and (b) Parking, internal traffic circulation and curb cuts. (8) The design criteria to be applied by the Board of Architectural Review when rendering its advisory opinion and by the Issuing Board in determining 240:97 i0- 15-2005 § 240-47 MAMARONECK TOWN CODE § 240-47 whether to accept or reject the Board of Architectural Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a special permit are: (a) Building design. [1] At least 40% of the primary structure's front elevation at street level shall be window. [2] Structures situated at corners should "wrap" the corner by continuing facade elements on all street elevations, with such elements as the overall building material and window design, and horizontal features such as the cornice. [3] Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the street that they face. [4] Proposed changes in exterior architectural features shall be in harmonious relationship to the remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is to be achieved to the maximum extent possible. Areas of review shall include the scale and general size of the structure or structures in relationship to the existing surroundings; specifically, the structures overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc) and architectural details. [5] Treatment of the sides and the rear of the structures shall be comparable in 240:98 10-15- 2005 § 240-47 ZONING § 240-47 appearance and amenity to the treatment given to the street frontage elevation. [6] Building materials and colors should be selected which avoid jarring and incongruous contrasts, both within new development and seen against existing structures. (b) Landscaping on the lot perimeter and within the parking area. [1] The proposed landscaping shall visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure; provide shade, windbreak and glare reduction to pedestrians and parked cars; physically separate pedestrians from vehicles; and provide pervious surface to assist in stormwater management. [2] A coordinated landscaped design shall be required, incorporating open space and/or recreation, if appropriate, walks, access drives, parking areas and lot perimeter. The following areas shall be landscaped: [a] Along the public right-of-way. [i] Except where there is a sufficient reason not to do so, one shade tree shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. [b] Along the parking lot's perimeter. [i] The landscaped perimeter strip shall be a minimum of five feet 240:99 10-15-2005 § 240-47 MAMARONECK TOWN CODE § 240-47 wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. [c] Within the parking lot's interior, where appropriate. [i] Planting islands shall be evenly spaced within the parking lot. [ii] No planting island shall be less than five feet wide in any dimension. [iii] Plants shall be a mix of shrubs, deciduous trees, evergreen trees and groundcover. [iv] Existing parking areas shall either install landscaped islands or increase the number of landscaped islands to the maximum extent practicable. [v] All landscaping shall be maintained in good condition. (c) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: [1] Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs or hanging signs. [2] No one business shall exceed two signs on the premises. [3] Multiple uses on a lot shall have coordinated signage. 240:100 10-15-2005 § 240-47 ZONING § 240-47 [4] Signs shall not be internally illuminated. [5] All exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. (d) Placement of buildings on the lot. [1] Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line shall be 10 feet or less, for nonresidential structures, from the boundary line between the lot and the right-of-way. The preferred build-to line for residential structures shall be 10 feet from the boundary line between the lot and the right-of-way. [2] In developments where there will be more than one structure on a single site, such structures, and their signage, landscaping and lighting, shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (e) Parking, internal circulation and curb cuts. [1] To the maximum extent practicable, parking shall be located to the side and/or rear of the primary structure. [2] No more than 10% of the parking may be located as convenience (short-term) parking in front of the primary structure. 240:101 10-15-2005 § 240-47 MAMARONECK TOWN CODE § 240-48 [3] Except where there is a sufficient reason not to do so, including but not limited to a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. § 240-48. Light Industry District: LI. A. Lot requirements. (1) Minimum lot area: none. (2) Minimum width at front setback line:none. (3) Maximum building coverage: 50%. B. Minimum yards. (1) Front yards: none. (2) Side yards: (a) No side yard is required but, if provided, shall be at least four feet; except where a lot adjoins a residence district, there shall be a side yard of at least 10 feet, which shall be permanently 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 feet from the street upon which said residence district has frontage. (3) Rear yards: No rear yard is required except where a lot adjoins a residence district, in which case the rear yard shall be at least 25 feet, at least 10 feet of 240:102 10- 15-2005 § 240-48 ZONING §240-48.1 which shall be permanently, suitably planted with evergreens to form a landscaped screen. C. Maximum floor area (as a percentage of lot area): 100%. D. Maximum heights. (1) In stories: two. (2) In feet: 30. E. Minimum number of off-street parking spaces: see §§ 240-75 through 240-78. F. Minimum off-street loading space: see § 240-82. 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. § 240-48.1. Urban renewal areas. [Amended 5-8-1991 by L.L.No. 4-1991] In any area determined by the Town Board to be appropriate for designation under Article XV of the General Municipal Law as an urban renewal area, one or more of the following uses shall be permitted in accord with the provisions of an adopted urban renewal plan. A. Any permitted use in the Business District - B, in accord with the construction requirements therefor set forth in § 240-45. B. Multifamily dwellings as permitted in the Tower Apartment District - R-TA, in accord with the construction requirements therefor set forth in § 240-43, except that 240:103 10- 15-2005 § 240-48.1 MAMARONECK TOWN CODE § 240-48.1 building height shall not exceed four stories or 44 feet and there shall be at least 1,750 square feet of lot area for each dwelling unit on the site. C. Affordable multifamily dwellings as follow: (1) Lot requirements. (a) Minimum lot area: 40,000 square feet. (b) Minimum lot area per dwelling unit: 1,200 square feet. (c) Minimum depth of lot: 100 feet. (d) Maximum coverage of lot: 30%. (2) Yards, courts and open spaces. (a) Minimum front yard: 15 feet. On a corner lot, a front yard shall be provided on each street. (b) Minimum side yards: 10 feet each; provided, however, that unattached accessory buildings, not over one story or 15 feet in height and located on the rear 1/3 of the lot, may be placed at a minimum distance of five 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 rear yard: 15 feet. On a corner lot, one yard shall be designated a rear yard, at the discretion of the owner. (d) Usable open space, in square feet per dwelling unit: 100. (e) A five-foot wide landscaped buffer strip shall be provided along all public streets, which may only be interrupted for necessary driveways and sidewalks. 240:104 10-15-2005 § 240-48.1 ZONING § 240-48.1 (3) Dwelling unit size. (a) The average size of all dwelling units on any site shall not exceed two bedrooms per unit. (b) No dwelling unit shall have more than three bedrooms. (4) Maximum heights. (a) In stories: four. (b) In feet: 44. (5) Off-street parking: 1.5 spaces per dwelling unit. D. Design requirements and guidelines. [Added 11-19-2003 by L.L.No. 23-2003] (1) There are five areas where careful attention to design is warranted. Those areas are building design; landscaping on the perimeter of a lot and within its parking area; signs and exterior lighting; placement of buildings on lots; and parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in Subsections D(8)(a) through (e) of this section. (2) In general. (a) For lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the Town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; and (b) For lots in this district that do not have frontage on the Boston Post Road, the 240:105 10-15-2005 § 240-48.1 MAMARONECK TOWN CODE §240-48.1 objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through-travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3) Applicants are discouraged from proposing standardized corporate franchise design. (4) In addition to complying with the standards, requirements and guidelines contained in this section, all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. (5) For any project which requires site plan approval and/or a special permit ("Board approval") and involves any of the work described in Subsection D(5)(a) through (g), below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in Subsections D(8)(a) through (c) of this section. (a) Construction of a new structure; (b) Relocation of an existing structure; (c) Demolition or razing of all or a portion of the exterior of an existing structure; (d) Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, 240:106 10- 15- 2005 § 240-48.1 ZONING § 240-48.1 sealing, boarding up, closing or enclosing any portion of an existing window or door space of an existing structure; (e) Alteration of any roofline; (f) Construction, enlargement or alteration of any nonlandscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks loading, refuse or storage areas; or (g) The removal or change to landscaping on the lot. (6) Prior to conducting a public hearing on an application requiring Board approval, the Issuing Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed project's: (a) Building design; (b) Landscaping on the lot perimeter and within the parking area; and (c) Signs and exterior lighting. (7) In determining whether to grant site plan approval and/or issue a special permit, the Issuing Board shah consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject that Board's recommendations, in whole or in part. It shall also apply the design review criteria set forth below with respect to the proposed project's: (a) Placement of buildings on the lot; and (b) Parking, internal traffic circulation and curb cuts. (8) The design criteria to be applied by the Board of Architectural Review when rendering its advisory 240:107 10- 15-2005 § 240-48.1 MAMARONECK TOWN CODE § 240-48.1 opinion and by the Issuing Board In determining whether to accept or reject the Board of Architectural Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a special permit are: (a) Building design. [1] At least 40% of the primary structure's front elevation at street level shall be window. [2] Structures situated at corners should "wrap" the corner by continuing facade elements on all street elevations, with such elements as the overall building material and window design, and horizontal features such as the cornice. [3] Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the street that they face. [4] Proposed changes in exterior architectural features shall be in harmonious relationship to the remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is to be achieved to the maximum extent possible. Areas of review shall include the scale and general size of the structure or structures in relationship to the existing surroundings; specifically, the structures overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc) and architectural details. [5] Treatment of the sides and the rear of the structures shall be comparable in 240:108 10- 15-2005 § 240-48.1 ZONING § 240-48.1 appearance and amenity to the treatment given to the street frontage elevation. [6] Building materials and colors should be selected which avoid jarring and incongruous contrasts, both within new development and seen against existing structures. (b) Landscaping on the lot perimeter and within the parking area. [1] The proposed landscaping shall visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure; provide shade, windbreak and glare reduction to pedestrians and parked cars; physically separate pedestrians from vehicles; and provide pervious surface to assist in stormwater management. [2] A coordinated landscaped design shall be required, incorporating open space and/or recreation, if appropriate, walks access drives, parking areas and lot perimeter. The following areas shall be landscaped: [a] Along the public right-of-way. [i] Except where there is a sufficient reason not to do so, one shade tree shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. [b] Along the parking lot's perimeter. [i] The landscaped perimeter strip shall be a minimum of five feet 240:109 io-15-2005 §240-48.1 MAMARONECK TOWN CODE § 240-48.1 wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. [c] Within the parking lot's interior, where appropriate. [i] Planting islands shall be evenly spaced within the parking lot. [ii] No planting island shall be less than five feet wide in any dimension. [iii] Plants shall be a mix of shrubs, deciduous trees, evergreen trees and groundcover. [iv] Existing parking areas shall either install landscaped islands or increase the number of landscaped islands to the maximum extent practicable. [v] All landscaping shall be maintained in good condition. (c) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: [1] Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs or hanging signs. [2] No one business shall exceed two signs on the premises. [3] Multiple uses on a lot shall have coordinated signage. 240:110 io- 15- 2005 § 240-48.1 ZONING § 240-48.1 [4] Signs shall not be nternally illuminated. [5] All exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. (d) Placement of buildings on the lot. [1] Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line shall be 10 feet or less, for nonresidential structures, from the boundary line between the lot and the right-of-way. The preferred build-to line for residential structures shall be 10 feet from the boundary line between the lot and the right-of-way. [2] In developments where there will be more than one structure on a single site, such structures, and their signage, landscaping and lighting, shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (e) Parking, internal circulation and curb cuts. [1] To the maximum extent practicable, parking shall be located to the side and/or rear of the primary structure. [2] No more than 10% of the parking may be located as convenience (short-term) parking in front of the primary structure. 240:111 10-15-2005 § 240-48.1 MAMARONECK TOWN CODE § 240-50 [3] Except where there is a sufficient reason not to do so, including but not limited to a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. ARTICLE VIII Supplementary Regulations § 240-49. Construal of provisions. The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations. § 240-50. Terraces and porches. [Amended 4-17-1963; 7-17-1996 by L.L.No. 14-19961 A paved terrace or wood deck, not more than 18 inches above average adjacent grade, as measured to the finished deck, top or stone surface, whether adjacent to a dwelling or not, shall not be considered in the determination of yard size or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosures; but such terraces may have an open guardrail not over three feet high and shall not project into any yard to a point closer than five 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. 240:112 10- 15-2005 § 240-51 ZONING § 240-52 § 240-51. Projecting architectural features. A. Cornices, eaves, chimneys, bay windows, windowsills, belt courses and other architectural features may project not more than two feet into any required yard. The sum of any bay window projections on any wall shall not exceed 1/4 the length of such wall, and no such projecting bay window shall have a total length of more than 10 feet nor be more than one story in height. Steps and their platforms not exceeding a total of 40 square feet in area are permitted to project into any required side yard a distance of no more than five feet and into a required front yard a distance not more than eight feet. [Amended 7-17-1996 by L.L. No. 14-1996] t"/5-47 6" -- B. Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided, however, that such fire escape shall not be closer than four feet at any point to any lot line. § 240-52. Walls and fences. [Amended 2-7-1996 by L.L. No. 3-1996] A. The yard requirements of this chapter 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 feet in height in any required front yard and/or five feet in height in any required side or rear yard. For the purposes of this chapter, the height of any retaining wall shall be included in the computation of the height of a wall or fence placed on top of or above such retaining wall or at a distance of four feet or less horizontally from the retaining wall, in determining whether or not a wall or fence meets the heights restrictions of this provision. B. Gates, posts, capitals and pillars shall comply with the height requirements of this provision, except that ornamental or decorative features on top of posts, pillars, capitals and gates may exceed the height limitations of 240:113 10-15-2005 I § 240-52 MAMARONECK TOWN CODE § 240-53 this provision by no more than 12 inches. However, no more than 10% of the total length of a fence or wall, including gates, posts, capitals and pillars, may have an ornamental or decorative feature which exceeds the height limitations set forth in Subsection A. C. Six-foot fences are permitted in business or commercial districts in the side and rear yards only. D. Walls and fences are subject to § 240-53. E. Fences which have a finished or textured side and an unfinished side and which are erected on or near a boundary line separating two or more lots or on or near the boundary line separating a lot from a street shall be erected so that the finished or textured sides face the neighboring lot or lots or the street, as the case may be. In addition, the supporting elements for such fences, such as beams, columns, pipes, posts, wires and the like, shall not be placed or located against or on the same side as the finished or textured side of such fences if more than 1/2 of the length or height of such supports is visible only from one side of the fence. [Added 1-19-2005 by L.L. No. 1-2005] § 240-53. Visibility at intersections. At any street intersection in any residential district, no fence, wall or other structure or planting more than three 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 30 feet distant from the point of intersection, measured along said street line. The height of three feet shall be measured above the road surface at the nearest edge of the road. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground. This provision shall be in addition to the provisions of§ 161-4 of this Code. 240:114 10-15-2005 § 240-54 ZONING § 240-56 § 240-54. 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. § 240-55. Courtyards. 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 any outer court shall not exceed one-half(1/2) its width, and such width shall not be less than 15 feet. § 240-56. Height exceptions. A. The height limitations of this chapter 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 10% of the area of the roof on which they are located. Exceptions to the ten-percent area limitation may be provided for energy conservation devices; provided, however, that application for any such exception shall not be treated as a request for a variance under this chapter but shall be filed with the Town Board as an application for a special use permit pursuant to §§ 240-60 through 240-65 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 70 feet in an R-TA District, more than 87 feet in a B-MUB District, or more than 50 feet in any other district shall be erected unless approved by the Board of Appeals. [Amended 3-21-1979; 240:115 09-01 -2006 § 240-56 MAMARONECK TOWN CODE § 240-58 5-25-2005 by L.L. No. 9-2005; 6-21-2006 by L.L. No. 13-2006] B. The provisions of this chapter 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 feet. § 240-57. Minimum house size. [Amended 4-17-1963] No dwelling unit erected or created by alteration subsequent to the adoption of this chapter 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 Chapter 106, Fire Prevention and Building Construction, of the 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 § 240-20 of this chapter, the minimum house size, in square feet, shall be the area of the second story used for human occupancy. § 240-58. Dwellings in house trailers and accessory buildings. A. House trailers, as defined in this chapter, shall be prohibited from all districts, except that one trailer may be parked or stored in an enclosed accessory garage or accessory building as set forth in § 240-21C(8), provided that no living quarters shall be maintained nor any business conducted in connection therewith while such trailer is stored. [Amended 7-17-1996 by L.L. No. 14-1996] 240:116 09-01 -2006 § 240-58 ZONING § 240-59 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. § 240-59. Central air-conditioning units. [Added 12-5-2001 by L.L.No. 8-2001] A. For the purposes of this section and for no other purpose, the following terms are defined as follows: AREA— The square footage of the horizontal plane on which a central air-conditioning unit or its pad is situated. CENTRAL AIR-CONDITIONING UNIT— Any mechanical device that is designed to regulate the temperature within more than one room of a building and either is situated on the ground or on a pad which is situated on the ground. EXISTING CENTRAL AIR-CONDITIONING UNIT— Any central air-conditioning unit that existed on September 1, 2001. PAD— Any artificial surface on which a central air-conditioning unit is situated. REPLACEMENT UNIT— Any central air-conditioning ' unit that replaces either: (1) An existing central air-conditioning unit; or (2) A central air-conditioning unit that was situated at the same location as an existing central air-conditioning unit. B. Existing central air-conditioning units shall not require a building permit or a letter of completion from the Building Department unless such a unit is moved from where it was located on September 1, 2001. 240:117 io- 15- 2005 § 240-59 MAMARONECK TOWN CODE § 240-59.1 C. A replacement unit shall not require a building permit or a letter of completion from the Building Department if: (1) Such unit is not larger in cubic feet than the unit it replaces; and (2) Area. (a) If situated on the ground, such unit does not occupy an area that is greater than the area of the unit it replaces or the area of the pad on which that unit sat; or (b) If such unit is situated on a pad, the area of such pad is not greater than the area of the unit it replaces or the area of the pad on which that unit sat. D. All other central air-conditioning units shall require a building permit and a letter of completion from the Building Department. § 240-59.1. Maximum size of one- or two-family homes. [Added 1-8-2003 by L.L.No. 1-2003] A. Definitions. As used in this section, the following terms shall have the meanings indicated: APPLICANT— The owner of the subject property. The applicant may authorize another person to act in the applicant's behalf. AVERAGE— The total square footage of all of the buildings on all of the comparison parcels divided by the number of comparison parcels. COMPARISON PARCEL— Any lot which: (1) Has a lot line that lies within 300 feet of any of the lot lines of the subject property and abuts one of the streets that the subject property abuts; or 240:118 10-15-2005 § 240-59.1 ZONING § 240-59.1 (2) Has a lot line which, in whole or in part, is the same as one of the lot lines of the subject property; or (3) Touches the subject property at any point. SEASONAL PORCH— Any structure that: (1) Exists on the effective date of this section; (2) Is attached to the dwelling on the subject property; (3) Has a floor, a roof and structural supports; and (4) Does not have permanent heating or air conditioning equipment installed therein. SUBJECT PROPERTY— The lot for which a building permit is sought. TOTAL SQUARE FOOTAGE— The aggregate floor area of all of the buildings on a lot, exclusive of the aggregate floor area of any basements, regardless of their use. B. Maximum permitted total square footage and floor area ratio. (1) The maximum permitted total square footage of all of the buildings on a lot shall be the greater of: (a) The maximum total square footage allowed for a lot when applying the maximum floor area ratio for that lot plus any additional square footage to which the lot may be entitled under Subsection B(3) of this section; or (b) The average. (2) The maximum floor area ratio for a lot shall be determined by the following chart: 240:119 10-15-2005 § 240-59.1 MAMARONECK TOWN CODE § 240-59.1 1 2 3 4 The Maximum Total The Square Footage for a For a Lot Whose Maximum Lot whose Size is Size Appears in Floor Area Shown in Column 2 of a Row Ratio Shall this (square feet) Be (square feet) 1 1,000 .55000 550.00 2 2,000 .55000 1100.00 3 3,000 .55000 1650.00 4 4,000 .55000 , 2200.00 5 5,000 .55000 2750.00 6 6,000 .55000 330.000 7 7,000 .52000 3640.00 8 8,000 .49000 3920.00 9 9,000 .46000 4140.00 10 10,000 .43000 4340.00 11 11,000 .41000 4510.00 12 12,000 .39000 4680.00 13 13,000 .36900 4797.00 14 14,000 .35000 4900.00 15 15,000 .33400 5110.00 16 16,000 .32000 5120.00 17 17,000 .31000 5270.00 18 18,000 .30000 5400.00 19 19,000 .29000 5510.00 20 20,000 .28100 5620.00 21 21,000 .27250 5722.50 22 22,000 .26500 5830.00 23 00 23, 0 .25820 5938.60 24 24,000 .25200 6048.00 25 25,000 _ .24600 6150.00 26 26,000 .24070 6279.00 27 27,000 .23200 6264.00 28 28,000 .22760 6372.80 29 29,000 .22350 6481.50 30 30,000 .21960 6588.00 31 31,000 .21600 6696.00 32 32,000 .21250 6800.00 33 33,000 .21000 6930.00 34 34,000 .20750 7055.00 35 35,000 .20500 7175.00 36 36,000 .20375 7335.00 37 37,000 .20250 7492.50 38 38,000 .20125 7647.50 240:120 10-15-2005 § 240-59.1 ZONING § 240-59.1 1 2 3 4 The Maximum Total The Square Footage for a For a Lot Whose Maximum Lot whose Size is Size Appears in Floor Area Shown in Column 2 of a Row Ratio Shall this (square feet) Be (square feet) 39 39,000 .20000 7800.00 40 40,000 .19875 7950.00 41 41,000 .19815 8124.15 42 42,000 .19755 8297.10 43 43,000 .19695 8968.85 44 44,000 .19635 8639.40 45 45,000 .19575 8808.75 46 46,000 .19545 8990.70 47 47,000 .19485 9352.80 48 48,000 .19485 9352.80 49 49,000 .19455 9532.95 50 50,000 .19425 9712.50 (3) The maximum permitted total square footage for a lot whose size lies between the lot sizes shown in Column 2 of any two adjacent rows on the chart contained in Subsection B(2) of this section shall be equal to: (a) The maximum total square footage set forth in Column 4 of that chart for the lot referred to in Column 2 of the lower numbered row; plus (b) Ten square feet for each 100 square feet (or part thereof) by which the lot exceeds the size of the lot referred to in Column 2 of the lower numbered row. 240:121 10-15-2005 § 240-59.1 MAMARONECK TOWN CODE § 240-59.1 Example: The maximum permitted total square footage for a lot that is 20,725 square feet in size is determined as follows: The size of the lot lies between the sizes of lots referred to in rows 20 and 21 on the chart. The maximum total square footage for a lot that is 20,000 square feet in size is 5,620.00 square feet. The lot in this example exceeds the square footage of the lot in Row 20 by 725.00 square feet. Accordingly, the lot is entitled to additional square footage of 10 square feet x 8 = 80.00 square feet. Hence, the maximum permitted total square footage for a lot equal to 20,725 square feet in size is 5,620.00 + 80.00 = 5,700.00. (4) The maximum permitted total square footage for any lot whose size is greater than 50,000 square feet shall be 9,712.50 square feet plus 10 square feet for each 100 square feet (or part thereof) by which the size of such lot exceeds 50,000 square feet. Under no circumstances, however, shall the maximum permitted total square footage for any lot exceed 15,000 square feet. C. The average. (1) If an applicant wishes to obtain a building permit which will result in the subject property having buildings whose aggregate total square footage exceeds the maximum permitted total square footage allowed for the subject property, the applicant can compute the average. (2) To determine the average, the applicant shall identify all of the comparison parcels by measuring the comparison distance from each of the lot lines of the subject property using the scale on the tax assessment map of the Town; compute the total square footage of all of the buildings on each of the Comparison Parcels by using the records of the Town's Building Department (If the records of the 240:122 10-15- 2005 § 240-59.1 ZONING § 240-59.1 Town's Building Department do not contain sufficient information to determine the total square footage of all of the buildings on any comparison parcel, the applicant shall use the records of the Town's Assessor in order to make that determination); add the total square footage of all the buildings on all of the comparison parcels and divide that sum by the number of comparison parcels. (3) The applicant's computation of the average shall be given to the Town's Building Department. It shall be in writing and shall consist of a list of all of the comparison parcels identified by their street addresses and their tax block and lot designations on the Town's tax assessment map; the number of buildings on each comparison parcel; the total square footage of all of the buildings on each comparison parcel, the sum of the total square footage of all of the buildings on all of the comparison parcels; and the average. The applicant's architect or engineer shall certify the accuracy of the computation of the average. If there is no architect or engineer, the accuracy of the computation of the average shall be verified under oath by the applicant. (4) If the average is a figure that exceeds what the maximum permitted total square footage for all of the buildings on the Subject Property-would be when applying Subsection B of this section, the Applicant shall be entitled to a building permit for construction which, when completed, will result in the total square footage of all of the buildings on the subject property being greater than what Subsection B of this section would allow but not greater than the average. (5) Nothing in this section shall relieve the applicant from satisfying all of the other requirements of this 240:123 10- 15-2005 I § 240-59.1 MAMARONECK TOWN CODE § 240-59.1 chapter and all of the requirements of every other law that must be satisfied before the Town's Building Department may issue a building permit. D. Applicability of this section. (1) This section shall apply only to a lot whose principal use is a one- or a two-family dwelling. (2) Exceptions. (a) A lot shall not be in violation of this section if the total square footage of all of the buildings on that lot will be greater than the maximum permitted total square footage allowed for that lot because of construction done or to be done pursuant to a building permit issued prior to the effective date of this section. (b) Assuming that there is compliance with all other requirements for the issuance of a building permit, a building permit shall be issued during the first 90 days after this section goes into effect for construction based upon building plans that shall have been filed with the Building Department before the effective date of this section even though no building permit shall have been issued before the effective date of this section and, upon completion of such construction, the total square footage of all of the buildings on that lot will be greater than the maximum permitted total square footage allowed for that lot. Starting on the 91st day after the effective date of this section, building plans filed with the Building Department prior to the effective date of this section shall no longer be exempt from the application of this section. (3) This section shall not apply to any lot for which: 240:124 10- 15-2005 § 240-59.1 ZONING § 240-59.1 (a) An application for a variance shall have been filed prior to the effective date of this section; provided that such application either shall have appeared on the agenda of a meeting of the Board of Appeals held prior to the effective date of this section or is scheduled to appear on the agenda for the first meeting of the Board of Appeals after the effective date of this section; or (b) An application for an approval and/or a permit from the Planning Board shall have been filed prior to the effective date of this section; provided such application either shall have appeared on the agenda of a meeting of the Planning Board held prior to the effective date of this section or is scheduled to appear on the agenda for the first meeting of the Planning Board after the effective date of this section. (4) This section shall apply to any lot for which an interpretation of the Zoning Ordinance is being requested from the Board of Appeals. (5) An attic which exists on the effective date of this section and is not legally permitted to be used as habitable space (as that term is defined in the New York State Building Code in effect on January 1, 2003) can be converted to habitable space even though, upon completion of the conversion, the maximum permitted total square footage for all of the buildings on the subject property will exceed the maximum permitted total square footage allowed for that lot so long as after the conversion, the exterior walls of the building in which such attic is located remain in the same position and the sum of the horizontal length of all of the alterations in the roof line on a side of the building is no longer than 1/4 of the horizontal length of the wall beneath such roof on that side of the building. 240:125 10- 15-2005 § 240-59.1 MAMARONECK TOWN CODE § 240-61 (6) A seasonal porch may be permanently enclosed even though upon completion of that work, the maximum total square footage for all of the buildings on the subject property will exceed the maximum permitted total square footage allowed for that lot so long as neither the exterior of the seasonal porch nor the exterior walls of the dwelling to which the seasonal porch is attached are relocated closer to the lot lines of the subject property after the permanent enclosure is completed. ARTICLE IX Special Use Permits § 240-60. Intent. The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted 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 chapter. 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. § 240-61. Applications; fee. [Amended 5-4-1977; 12-19-1984 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 as set forth by resolution of the Town Board from time to time11 and shall be on a form prescribed by the Planning Board requiring the following information: [Amended 7-17-1996 by L.L.No. 14-1996] (1) The name of the applicant and owner of the property. 11. Editor's Note:See Ch.A250,Fee Schedule. 240:126 10- 15-2005 § 240-61 ZONING § 240-61 (2) The location of the property, intersecting streets and the Tax Map description. (3) The present use at the proposed location for the 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 assessment form. [Amended 11-5-2003 by L.L. No. 19-2003] C. The application shall be accompanied by 15 sets of plans for the proposed development, which shall show the location of all buildings, parking ares, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties, that may be necessary to determine and provide for the enforcement of this chapter. The plans submitted shall contain a detailed architectural 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. 240:127 10-15-2005 § 240-61 MAMARONECK TOWN CODE § 240-62 D. The applicant must comply with the notification procedures contained in Chapter 144. [Amended 2-16-2005 by L.L.No. 2-200512] 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, Director of Building Code Enforcement and Land Use Administration and any other agency it deems appropriate for review and comment. [Amended 10-16-2002 by L.L.No. 10-2002] § 240-62. Standards for granting permit. [Amended 12-19-1984 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 surrounding area and shall not adversely impact upon adjacent properties due to the traffic generated by said use or the access of traffic from said use onto and off of adjoining streets. B. That 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 operations of any permitted use not requiring 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 surrounding property values. 12. Editor's Note:L.L.No.3-2005,adopted 3-16-2005,provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. 240:128 10-15-2005 § 240-62 ZONING § 240-64 D. That there are not existing violations of this chapter on the property which is the subject of the application. § 240-63. Hearings. [Amended 12-19-1984 by L.L. No. 10-1984] A. Within 62 days of receiving an application containing all necessary information and plans, the Planning Board shall hold a public hearing on that application. At least 10 days before the date of the public hearing, notice of the hearing shall be published in the official newspaper of the Town. [Amended 7-17-1996 by L.L. No. 14-1996; 2-16-2005 by L.L. No. 2-200513] B. Within 62 days of the close of the public hearing, the Planning Board shall render its decision, based upon the evidence produced before it at the public hearing. [Amended 7-17-1996 by L.L.No. 14-1996] C. The Planning Board shall grant a special permit if it determines that the applicant complies with all requirements for the issuance of a permit under this chapter. § 240-64. Conditions and safeguards. [Amended 12-19-1984 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 conformance with all applicable standards and requirements. All special permits shall be issued for a period of no more than two years, and, 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. 13. Editor's Note:L.L.No.3-2005,adopted 3-16-2005,provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. 240:129 10- 15-2005 N § 240-65 MAMARONECK TOWN CODE § 240-67 § 240-65. Expiration of permits. [Amended 12-19-1984 by L.L.No. 10-1984] A special permit shall be deemed authorized only for the particular use or uses specified and shall further permit only the applicant to conduct such use. Should the applicant at any time cease to conduct 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 months, then said permit is deemed to have expired and any other and further use on that property requiring a special permit shall only be permitted after compliance with the requirements for an application for a new permit. ARTICLE X Nonconforming Uses § 240-66. Continuation of existing uses. Except as otherwise provided in this chapter, the lawfully permitted use of land or buildings existing at the time of the adoption of or any amendment to this chapter may be continued although such use does not conform to the regulations specified by this chapter for the district in which such land or building is located. Said uses shall be deemed nonconforming uses. §240-67. Use of land. Where no building is involved, the nonconforming use of land may be continued; provided, however, that no such nonconforming 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 provisions of this chapter that made it 240:130 10- 15 -2005 § 240-67 ZONING § 240-68 nonconforming, provided, further, that if such nonconforming use of land or any portion thereof ceases for any reason for any continuous period of more than 90 days or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter. No nonconforming use of land shall be changed to another nonconforming use. § 240-68. 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 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 § 240-71 or unless such 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 arranged or designed for such use at the time of the adoption of the provisions of this chapter 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 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 chapter for the district in which such building is located. 240:131 io-15-2005 § 240-68 MAMARONECK TOWN CODE § 240-70 E. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent 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 chapter for the district in which such land or building is located. § 240-69. Deviations from dimensional requirements. 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 chapter shall not be considered to be nonconforming within the meaning of§ 240-68. However, no permit shall be issued that will result in an increase in the extent by which such building fails to meet such requirements. § 240-70. Undersize lots. A. A permit may be issued, subject to § 240-93, for the erection of a building incorporating a permitted use on any lot existing in single separate ownership as of the date of adoption of this chapter 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 chapter with respect to area, depth, width or frontage; provided, however, 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. Otherwise, it shall be combined to make a lot which meets such requirements to the fullest extent possible. [Amended 7-17-1996 by L.L. No. 14-1996] B. In the case of a lot which does not meet the required dimensions in a residence district, the minimum required 240:132 10-15-2005 § 240-70 ZONING § 240-71 front and rear yards shall be those of the residence district 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 required floor area shall be that of the residence district in which said lot's area would meet the current requirements. C. A permit may be issued for the erection of a building incorporating a permitted use on any lot shown as a separate parcel upon a subdivision map or plat duly approved by 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 chapter; 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 §§ 277 and 278 of the Town Law or, in the alternative, that such street improvements and utilities have been completed as required by the Planning Board. [Amended 7-17-1996 by L.L.No. 14-1996] § 240-71. Damaged buildings. [Amended 10-16-2002 by L.L.No. 10-2002] If any building shall be accidentally destroyed or damaged due to fire, explosion or other cause to the extent of not more than 50%, above the foundations, of its reproduction value at the time of the damage, as determined by the Director of Building Code Enforcement and Land Use Administration, it may be restored on its original foundations, but if damaged or destroyed to a greater extent, it nevertheless may be rebuilt or restored to provide an equivalent livable or usable area, but it shall conform to the side yard requirements in this chapter, and if such building shall 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 nearest dwellings on the same side of the 240:133 10-15-2005 § 240-71 MAMARONECK TOWN CODE § 240-74 street in the same block, provided that such buildings, when restored, shall comply with the structural requirements of Chapter 106, Fire Prevention and Building Construction. This section shall not apply unless such building is restored within 12 months of such damage or destruction. § 240-72. (Reserved) 14 § 240-73. Completion of buildings under construction. [Amended 10-16-2002 by L.L.No. 10-2002] Any building for which a permit has been duly granted prior to the effective date of any amendment to this chapter 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 chapter may be completed in accordance with the plans on file with the Director of Building Code Enforcement and Land Use Administration, subject, however, to the provisions of§ 240-87 of this chapter. § 240-74. Existing special uses deemed conforming. [Amended 4-17-1963] Any use lawfully existing on the effective date of this amended chapter or on the date of any subsequent amendment to this chapter, in the district in which such use is or was at that time classified in this chapter 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 §§ 240-60 through 240-64, inclusive, of this chapter, 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. 14. Editor's Note: Former §240-72, Nonconforming signs, as amended 4-17-1963, was deleted 7-17-1996 by L.L.No.14-1996. 240:134 10- 15-2005 § 240-75 ZONING § 240-77 ARTICLE XI Off-Street Parking and Loading § 240-75. Intent. It is the intention of this chapter 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 and/or uses and sufficient off-street loading and unloading facilities to meet the needs of such structures or land uses. § 240-76. Required space to be shown on plan. The plans for any new building or any expansion of an existing 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 chapter 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 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 occupancy shall be issued for any building or land use until the required off-street parking space has been established. § 240-77. Existing buildings and uses. A. Buildings and land uses in existence or for which building permits have been approved on the effective date of this amended chapter shall be subject to the parking or loading space requirements of this chapter 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 240:135 10-15-2005 § 240-77 MAMARONECK TOWN CODE § 240-78 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 parking 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 hardship to such properties arising out of this requirement, appeal may be made to the Board of Appeals. In acting 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 nonconforming but shall not waive any part of the requirement 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 already be in existence unless it is in excess of requirements. B. Required off-street parking facilities which, after development, 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. § 240-78. Off-street parking requirements. A. Off-street motor vehicle parking facilities shall be provided as follows except as provided above or where additional parking requirements may be made as a condition of the issuance of a special permit under Article IX, in which case provisions of that section shall apply. [Amended 4-17-1963; 4-4-1990 by L.L. No. 2-1990; 7-20-1994 by L.L.No. 6-1994;7-17-1996 by L.L. No. 14-1996] Type of Use Minimum Requirements 1- and 2-family dwelling 2 spaces for each dwelling units Multiple dwellings: Studio 1 space 240:136 to-15-2005 § 240-78 ZONING § 240-78 Type of Use Minimum Requirements 1-bedroom 1 1/2 spaces 2-bedroom 2 spaces 3-bedroom 2 1/2 spaces Professional office or 2 spaces in addition to spaces home occupation for residential units except permitted in a required that medical or dental offices residential zone as an shall have 4 spaces for each accessory use doctor or dentist in addition to residential parking requirements Rooming house or 1 space for each guest sleeping boardinghouse room, plus 1 space per resident family Hospital, clinic, 1 space for each patient bed, sanitarium or excluding bassinets, plus 1 convalescent home space for each person employed in the building Theater, auditorium, 1 space for each 5 seats or 200 athletic field or other square feet in such place of place of public assembly assembly, whichever would be other than a church greater Church or other place of 1 space for each 5 seats or pew worship spaces Bowling alley 5 spaces for each alley Other center of public 1 space for every 200 square amusement, the capacity feet of floor space devoted to of which cannot be patron use measured in terms of seats Restaurant or place 1 space for each 50 square feet dispensing food or drink of floor space devoted to patron use Retail or service business 1 space for each 200 square feet of floor space 240:137 to-15-2005 § 240-78 MAMARONECK TOWN CODE § 240-78 Type of Use Minimum Requirements Wholesale, storage, 1 space for each person for utility or other which the building or use is commercial building or designed or for each 2,000 use square feet, whichever is greater Office for business or 1 space for each 300 square professional use feet of floor area Funeral parlor or At least 10 spaces for each undertaking chapel or viewing room and 1 establishment for each person working in such establishment. Off-street loading for delivery and funeral cortege assembly shall be considered for site plan approval. Private golf courses 2 parking spaces for each acre of land contained in the course Public golf courses 2.5 spaces for each acre of land contained in the course Public multiple use 2.5 spaces per acre on a recreational facilities course; 1 space for every 3 bathers in a swimming pool Tennis, public or private 3 spaces per court Private swimming pools 1 space for each 3 bathers Soccer, football and 10 spaces for each field, plus 1 baseball fields space for every 5 spectator seats B. Reasonable and appropriate off-street parking requirements 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 parking needs of such use. C. Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be 240:138 10-15- 2005 § 240-78 ZONING § 240-79 the sum of the requirements for each individual use on the lot, except that the Board of Appeals may approve the joint use of parking space by two or more establishments on the same or contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that 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 employees among such establishments, and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any of such establishments. § 240-79. 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 this chapter shall be provided on the same lot or premises with such structure or land use, except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of 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 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. B. In any residence district, no vehicle storage longer than overnight shall be developed within 25 feet of a front lot line nor shall such storage be developed within five feet of a side or rear lot line. Such driveway as is adequate to give access to the principal dwelling, garage or carport shall not be considered in determining the front, side or rear lot line. [Amended 4-17-1963; 7-17-1996 by L.L. No. 14-1996] C. No parking in connection with any nonresidential use shall be so located that motor vehicles may enter or leave the 240:139 i0-15-2005 § 240-79 MAMARONECK TOWN CODE § 240-80 parking area across a sidewalk except at a point or points approved as part of a plan, as required by § 240-76. D. No parking required for a business use in a business district may be provided in a residence district. E. Parking areas shall be laid out so that vehicles will not be required to back into the public highway when leaving the parking area. F. Off-street parking facilities developed to meet the requirements of§ 240-78A or B for residence uses shall be made available to the tenants or owners on a basis equal to the lowest whole number listed in § 240-78 without charge or fee. [Added 7-17-1996 by L.L.No. 14-1996] G. Off-street parking for all other uses shall be available for owners, employees and customers. Customer parking for retail, wholesale or office uses must be kept available as 10% of required parking, with a minimum of two spaces. Vehicles displayed for sale or rent may not use areas required as off-street parking pursuant to § 240-78A and B. [Added 7-17-1996 by L.L.No. 14-1996] § 240-80. 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 § 240-78A, provided that all required 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 excessive 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, entrances and exits. 240:140 io- 15 -2005 § 240-81 ZONING § 240-82 § 240-81. 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 structures 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. § 240-82. Off-street loading requirements. Off-street loading and unloading facilities, as defined in this chapter 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 2,000 square feet: one space for the first 4,000 square feet of floor area or major portion thereof used for business purposes and one additional space for each additional 10,000 square feet of business floor space or major portion thereof. B. For wholesale businesses, storage warehouses, manufacturing or industrial establishments: one space for each 10,000 square feet or major portion thereof used for such purposes. C. Reasonable and appropriate off-street loading requirements 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. 240:141 10-15-2005 § 240-83 MAMARONECK TOWN CODE § 240-83 ARTICLE XII Administration and Enforcement § 240-83. Compliance required; 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, enlargement 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 chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity 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 chapter shall be enforced by the Director of Building Code Enforcement and Land Use Administration, in accordance with the provisions of this chapter. [Amended 10-16-2002 by L.L.No. 10-2002] C. Moratorium on development along section of Boston Post Road. [Added 2-26-2003 by L.L.No. 3-2003] (1) This subsection shall apply to all properties which border the Boston Post Road between the Town's boundary with the Village of Larchmont and the Town's boundary with the Village of Mamaroneck. (2) This subsection shall be in effect until May 31, 2004. (3) While this subsection is in effect: (a) The Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan or special permit for properties 240:142 10- 15-2005 § 240-83 ZONING § 240-83 described in Subsection C(1), but may renew special permits, provided that the conditions imposed on the renewed special permit are the same as the conditions imposed on the existing special permit. (b) The Board of Appeals shall not grant any variance or special permit for properties described in Subsection C(1). (c) The Director of Building Code Enforcement and Land Use Administration may issue building permits, certificates of completion, letters of compliance or certificates of occupancy (permanent or temporary) provisions for work done or to be done on properties described in Subsection C(1) when such work does not require a variance, final approval of a subdivision plat, site plan approval or a special permit. [Added 12-3-2003 by L.L. No. 24-2003] (4) The Director of Building Code Enforcement and Land Use Administration shall revoke or rescind any building permit or certificates of occupancy issued in violation of this subsection. (5) Any person, firm or corporation that shall violate any of the provisions of this subsection shall be subject to: (a) Such penalties as may otherwise be provided by the laws, rules and regulations of the Town of Mamaroneck for violations; and (b) Injunctive relief in favor of the Town of Mamaroneck to cease such actions which conflict with this subsection and, if necessary, to remove any construction which may have taken place in violation of this subsection. 240:143 10- 15-2005 § 240-83 MAMARONECK TOWN CODE § 240-83 (6) Exemptions. (a) Should the application of this subsection impose an unnecessary hardship upon the owner of a property described in Subsection C(1), the owner of that property or a person acting with the owner's permission may apply to the Town Board in writing for an exemption from this subsection upon submission of proof of such unnecessary hardship. For the purpose of this subsection, the mere delay in being permitted to take an application for a building permit, variance, special permit, site plan or subdivision shall not be considered an unnecessary hardship. (b) Within 30 days after the submission of a written application to the Town Clerk for an exemption from this subsection, the Town Board shall schedule a public hearing on that application and shall publish notice of such hearing at least 10 days prior thereto in the official newspaper of the Town. At the public hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard. Within 30 days after closing the public hearing, the Town Board shall render its decision either granting or denying the application for an exemption from this subsection. If the Town Board determines that a property owner will suffer an unnecessary hardship if this subsection is applied to a particular property, then the Town Board shall exempt that property from this subsection to the minimum extent necessary. (c) Any party aggrieved by the determination of the Town Board may challenge its decision pursuant to Article 78 of the Civil Practice Law 240:144 10- 15-2005 § 240-83 ZONING § 240-85 and Rules within 30 days of the filing of the Town Board's decision in the Office of the Town Clerk. § 240-84. Records and reports. [Amended 10-16-2002 by L.L. No. 10-2002] A. The Director of Building Code Enforcement and Land Use Administration shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy. B. The Director of Building Code Enforcement and Land Use Administration shall also keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations. C. The Director of Building Code Enforcement and Land Use Administration shall make a report to the Town Board, in writing, at least once every three months, reporting the number and type of building permits and certificates of occupancy issued and listing all reported or continuing violations of this chapter and the disposition or pending action of such violations. § 240-85. Building permits. A. No building or structure shall be erected, enlarged, structurally 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 Director of Building Code Enforcement and Land Use Administration. 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 240:145 i0- 15-2005 § 240-85 MAMARONECK TOWN CODE § 240-86 provisions of this chapter. [Amended 10-16-2002 by L.L. No. 10-2002] B. A building permit shall be void if construction is not started within a period of six months and completed within a period of two years of the date of said permit. [Amended 1-5-1960] C. There shall be submitted with all applications for building permits three 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 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 housekeeping 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 chapter. One copy of such plan shall be returned to the owner when such plans shall have been approved by the Director of Building Code Enforcement and Land Use Administration. 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 Director of Building Code Enforcement and Land Use Administration, after inspection of the property, may require information relative to the contours of the lot where the building or buildings are to be located. [Amended 10-16-2002 by L.L.No. 10-2002] § 240-86. Certificate of occupancy. 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 building 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 chapter, until a certificate of occupancy shall have been issued by 240:146 10-15-2005 § 240-86 ZONING § 240-86 the Director of Building Code Enforcement and Land Use Administration. 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 chapter. The lack of a certificate of occupancy for buildings and uses existing as of the date of the adoption of this chapter shall not, of itself, be deemed to be noncompliance with this chapter.It shall be the duty of the Director of Building Code Enforcement and Land Use Administration to issue a certificate of occupancy, provided that he is satisfied 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. [Amended 10-16-2002 by L.L. No. 10-2002] 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 chapter and any requirements made pursuant thereto. C. The Director of Building Code Enforcement and Land Use Administration 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 Director of Building Code Enforcement and Land Use Administration shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conform to the provisions of this chapter. [Amended 10-16-2002 by L.L. No. 10-2002] 240:147 10- 15-2005 § 240-87 MAMARONECK TOWN CODE § 240-88 § 240-87. Building permits issued prior to effective date. [Amended 1-5-1960] All permits for buildings or structures issued prior to the effective date of this chapter shall be null and void unless construction is started within a period of six months from the date of the issuance of such permit and completed within a period of two years from the date of issuance of such permit. If building operations are discontinued for a period of six months or more, any further construction shall be in conformity with all of the provisions of this chapter. § 240-88. Penalties for offenses; other remedies. 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 chapter 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 chapter shall be guilty of an offense and shall be liable to a fine which shall not exceed $50 or imprisonment for a period not to exceed six 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 1-5-1960] B. Any building erected, constructed, altered, enlarged, converted, demolished, moved or removed or used contrary to any of the provisions of this chapter and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful. The proper Town authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion 240:148 io- 15- 2005 § 240-88 ZONING § 240-88 or use in violation of any of the provisions of this chapter. 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 10 days after written request by a resident taxpayer of the Town to so proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who 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 Director of Building Code Enforcement and Land Use Administration 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 given by him upon the application for any permit required under the provisions of this chapter or Chapter 106, Fire Prevention and Building Construction, of the Code of the Town, or to the last-known address of the owner as shown by the records in the office of the Town Receiver 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 occupancy is not obtained, they shall institute such of the foregoing actions 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. [Amended 10-16-2002 by L.L. No. 10-2002] C. Any person, corporation, partnership or entity that establishes, constructs or installs any building, improvement, structure, or conducts or operates any land use in violation of§ 240-25D, 240-30, 240-31 or 240-32.1A of the Code of the Town of Mamaroneck shall be guilty of a violation and, upon conviction, subject to a penalty of up to $250 for each day that such violation continues to exist. Nothing herein shall be construed to limit the authority of the Town to seek and obtain injunctive relief for any 240:149 10-15-2005 § 240-88 MAMARONECK TOWN CODE § 240-89 violation of this chapter. [Added 2-6-2002 by L.L. No. 4-2002] § 240-89. Board of Appeals. [Amended 10-16-2002 by L.L. No. 9-2002; 11-5-2003 by L.L. No. 20-2003; 4-21-2004 by L.L. No. 5-2004; 5-4-2005 by L.L.No. 7-2005] A. Supersession. Portions of§ 267(11) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 267(11) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck. "Section 267 11. Alternate members. (a) A town board may, by local law or ordinance, or as a part of the local law or ordinance, or as part of the local law or ordinance creating the [zoning] board of appeals, establish alternate [zoning] board of appeals member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the [zoning] board of appeals shall be appointed by resolution of the town board, for terms established by the town board. (b) The chairperson of the [zoning] board of appeals [may] shall designate [an] the alternate member to substitute for a regular member when such member is absent or is unable to participate because of a conflict of interest [on] with respect to a[n application or] matter before the board. The town board shall establish the procedure for making that designation. When [so designated, the] an alternate member sits in the place of a regular member, the alternate member shall possess all the powers and responsibilities of such regular member of the board. Such designation shall be entered into the minutes of the [initial zoning] board of appeals meeting at which the. substitution is made. 240:150 10-15-2005 § 240-89 ZONING § 240-89 (c) All provisions of this section relating to [zoning] board of appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members." B. Procedures. The Board of Appeals shall follow the rules and procedure set forth in New York Town Law § 267-a; however, it shall have the power to adopt from time to time such rules and procedure not inconsistent with law, as may be necessary, to carry out the provisions of this chapter and to exercise the authority vested in it by the New York Town Law. C. Procedures regarding alternate members. (1) An alternate member shall substitute for a regular member of the Board of Appeals who is absent or is unable to participate in a matter due to a conflict of interest. If the number of alternate members exceeds the number of regular members who either are absent or have a conflict of interest with respect to a particular matter, the Chairperson of the Board of Appeals shall designate the alternate member who will substitute for the absent regular member or the regular member with a conflict of interest. If the Chairperson is absent or is the member with the conflict of interest, the longest-tenured regular member of the Board of Appeals shall make this designation. (2) If an alternate member participates in a matter before the Board of Appeals, the alternate member shall possess all the powers and responsibilities of the regular member whom the alternate member shall have replaced. If an alternate member participates in a matter due to the absence of a regular member, and, at a subsequent meeting at which that same matter is heard, the regular member for whom the alternate member substituted 240:151 io- 15-2005 § 240-89 MAMARONECK TOWN CODE § 240-89 is present, the regular member shall resume the position as a regular member of the Board of Appeals in connection with that matter. D. Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by the New York Town Law and by this chapter. None of the following provisions shall limit any power conferred upon the Board of Appeals by the New York Town Law. (1) Interpretation. On appeal from an order, requirement, decision or determination made by the Director of Building Code Enforcement and Land Use Administration, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line if uncertainty remains after referring to the rules specified in Article II. (2) Use variances. (a) "Use variance" shall have the same meaning as it has in New York Town Law § 267(1)(a). (b) On appeal from an order, requirement, decision or determination of the Director of Building Code Enforcement and Land Use Administration regarding the application of this chapter, the Board of Appeals may grant use variances from the applicable zoning regulations and restrictions upon a showing by the applicant for such variance that the applicable zoning regulations and restrictions have caused unnecessary hardship. In determining whether the applicant has proven unnecessary hardship, the Board of Appeals shall apply the criteria therefor set forth in § 267-b(2)(b) of the New York Town Law. 240:152 10- 15-2005 § 240-89 ZONING § 240-89 (c) When granting use variances, the Board of Appeals shall grant the minimum variances that it deems necessary and adequate to address the unnecessary hardship proven by the applicant, while at the same time preserving and protecting the character of the neighborhood and the health and welfare of the community. (3) Area variances. (a) "Area variance" shall have the same meaning as it has in New York Town Law § 267-1(b). (b) On appeal from an order, requirement, decision or determination of the Director of Building Code Enforcement and Land Use Administration regarding the application of this chapter, the Board of Appeals may grant to an applicant an area variance from the applicable zoning regulations and restrictions. In determining whether the applicant is entitled to an area variance, the Board of Appeals shall apply the criteria therefor set forth in § 267-b(3)(b) of the New York Town Law. (c) When granting area variances, the Board of Appeals shall grant the minimum variances that it deems necessary and adequate while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. E. Imposition of conditions. When granting either use variances or area variances, or both, the Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of 240:153 i0- 15-2005 § 240-89 MAMARONECK TOWN CODE § 240-91 minimizing any adverse impact such variances may have on the neighborhood or community. F. Availability of statutes. The Director of Building Code Enforcement and Land Use Administration shall maintain copies of §§ 267-a, 267(1)(a), 267(1)(b), 267-b(2) and 267-b(3) of the New York Town Law and shall distribute them upon request. § 240-90. Appeals. A. All appeals to the Board of Appeals shall be taken in the manner and within the time prescribed by § 267-a(5)(b) of the New York Town Law. All such appeals shall be in. writing, on forms prescribed by the Board. Each appeal shall set forth the facts of the case, refer to the specific provision of the ordinance involved and contain the reasons why the appeal ought to be granted. Every decision of the Board of Appeals shall recite the findings on which the decision was based. [Amended 5-4-2005 by L.L.No.7-2005] B. The person applying to the Board of Appeals must comply with the notification procedures contained in Chapter 144. [Added 2-16-2005 by L.L.No.2-200515] §240-91. Fee for advertising hearing. [Amended 12-9-1964; 3-3-1971; 10-19-1977; 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L.No. 10-2002] Any person or corporation, other than the Town of Mamaroneck, making any application to the Board of Appeals under the provisions of this chapter shall pay to the Director of Building Code Enforcement and Land Use Administration a fee, as set forth by resolution of the Town Board from time to 15. Editor's Note:L.L.No.3-2005,adopted 3-16-2005,provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. 240:154 10- 15-2005 § 240-91 ZONING § 240-92 time, to cover the cost of advertising the notice of hearing, upon each application filed.16 ARTICLE XIII Amendments § 240-92. Procedure. A. The Town Board, from time to time, may amend, supplement or repeal the regulations and provisions of this chapter, after public notice and hearing, in the manner provided by the 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 § 240-92A above. In 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 § 240-2 of this chapter. In 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 45 days of the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated. C. A person petitioning for an amendment or change to any provision of this chapter must comply with the notification 16. Editor's Note:See Ch.A250,Fee Schedule. 240:155 10- 15-2005 § 240-92 MAMARONECK TOWN CODE § 240-94 procedures contained in Chapter 144. [Added 2-16-2005 by L.L. No. 2-200517] § 240-93. Effect on issuance of permits. [Amended 4-17-1963] Whenever the Town Board, by resolution, authorizes a public hearing on a proposed amendment to this chapter, for a period of 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 this chapter as it would be changed by the proposed amendment. ARTICLE XIV Site Plan Approval [Added 12-19-1984 by L.L. No. 10-1984] § 240-94. Site plan approval required. All applications for building permits, special permits and variances are subject to the requirements of Chapter 177, Site Plan Review, of the Code of the Town of Mamaroneck unless specifically exempted from the requirements of site plan approval under § 177-7 of Chapter 177, Site Plan Review. No application for a building permit may be granted unless there has been full compliance with the requirements of Chapter 177, Site Plan Review, and no application for special permit or variance may be granted unless a condition of said granting of a special permit or variance is in compliance with all requirements of Chapter 177, Site Plan Review, where applicable. 17. Editor's Note:L.L. No.3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. 240:156 10- 15- 2005 § 240-95 ZONING § 240-95 ARTICLE XV Planning Board [Added 10-16-2002 by L.L.No. 9-2002] § 240-95. Powers of Planning Board; procedures regarding alternate members. [Added 11-5-2003 by L.L. No. 20-2003; amended 5-4-2005 by L.L.No. 7-2005] A. Supersession. Portions of§ 271(15) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 271(15) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck. Section 271 15. Alternate members. a. A town board may, by local law or ordinance, or as part of the local law or ordinance creating the planning board, establish alternate planning board member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the planning board shall be appointed by resolution of the town board, for terms established by the town board. b. The chairperson of the planning board [may] shall designate [an] the alternate member to substitute for a regular member when such member is absent or is unable to participate because of a conflict of interest [on] with respect to a[n application or] matter before the board. The town board shall establish the procedure for making that designation. When [so designated the] an alternate member sits in place of a regular member, the alternate member shall possess all the powers and responsibilities of such regular member of the board. Such designation shall be entered into the minutes of the [initial] planning board meeting at which the substitution is made. 240:157 10-15-2005 § 240-95 MAMARONECK TOWN CODE § 240-95 c. All provisions of this section relating to planning board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members." B. Procedures. The Planning Board shall have the power to adopt from time to time such rules and procedure not inconsistent with law, as may be necessary to exercise the authority granted to it. C. Procedures regarding alternate members. (1) An alternate member shall substitute for a regular member of the Planning Board who is absent or is unable to participate in a matter due to a conflict of interest. If the number of alternate members exceeds the number of regular members who either are absent or have a conflict of interest with respect to a particular matter, the Chairperson of the Planning Board shall designate the alternate member who will substitute for the absent regular member or the regular member with the conflict of interest. If the Chairperson is absent or is the member with the conflict of interest, the longest-tenured regular member of the Planning Board shall make this designation. (2) If an alternate member participates in a matter before the Planning Board, the alternate member shall possess all the powers and responsibilities of the regular member whom the alternate member shall have replaced. If an alternate member participates in a matter due to the absence of a regular member, and, at a subsequent meeting at which that same matter is heard, the regular member for whom the alternate member substituted is present, the regular member shall resume the position as a regular member of the Planning Board in connection with that matter. 240:158 io- 15- 2005 § 240-95 ZONING § 240-95 D. Powers. The Planning Board shall have all of the powers and duties heretofore granted to or imposed upon it by the Town Board. 240:159 10-15-2005