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HomeMy WebLinkAboutZoning Ordinance of the Town of Mamaroneck 2/7/1996 ZONING Chapter 240 From the CODE of the Town of ONECK GENERAL CODE PUBLISHERS CORP. ZONING Chapter 240 From the CODE of the TOWN OF MAMARONECK COUNTY OF WESTCHESTER STATE OF NEW YORK [Printed as last amended 2-7-1996 by L.L. No. 3-1996 and as slated for amendment at time of adoption of Code. Consult municipal records for possible amendments adopted thereafter and for date of Code adoption.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York 14624 1996 ZONING 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. 24001 6-25-96 MAMARONECK TOWN CODE §240-15. Required street frontage. §240-16. Zoning modifications. §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. Office Building District: OB-1. §240-29. Office Building District: OB-2. §240-30. Business District: B. §240-31. Service Business District: SB. 24002 6-25-96 ZONING §240-32. Light Industry District: LI. §240-32.L Urban renewal areas. 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. Office Building Districts: OB-1 and OB-2. §240-45. Business District: B. §240-46. Service Business: SB. §240-47. Business - Mixed Use Business District: (B- MUB). 24003 6-25-96 MAMARONECK TOWN CODE §240-48. Light Industry District:LI. §240-48.1. Urban renewal areas. 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. (Reserved) ARTICLE IX Special Use Permits §240-60. Intent. §240-6L Applications;fee. §240-62. Standards for granting permit. §240-63. Hearings. §240-64. Conditions and safeguards. §240-65. Expiration of permits. 24004 6-25-96 ZONING ARTICLE X Nonconforming Uses §240-66. Continuation of existing uses. §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. 24005 6-25-96 MAMARONECK TOWN CODE ARTICLE XII Administration and Enforcement §240-83. Compliance required; enforcement. §240-84. Records and reports. §240-85. Building permits. §240-86. Certificate of occupancy. §240-87. 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. [HISTORY: Adopted by the Town Board of the Town of Mamaroneck 6-29-1959 (Ch. 89 of 1975 Code). Amendments noted where applicable.] GENERAL REFERENCES Conservation areas—See Ch.77. Environmental quality review—See Ch.92. 24006 6-25-96 § 240-1 ZONING § 240-2 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 potential for such uses as indicated by existing conditions and trends in population, having 1 Editor's Note:See§261 et seq.of the Town Law. 24007 6-25-96 § 240-2 MAMARONECK TOWN CODE § 240-2 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.2 H. To limit development to an amount commensurate with the availability and capacity of public facilities and services. 2 Editor's Note:Amended at time of adoptiosa of Code;see Ch. 1,General Provisions, Art.I. 24008 6-25-96 §240-3 ZONING § 240-4 §240-3. Word usage. All words used in the present tense include the future tense; all words in the plural number include the singular number; and all words in the singular number include the plural number, unless the natural construction of the wording indicates 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 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. §240-4. Definitions. For the purposes of this chapter, certain words and terms used herein are defined as follows: ALTER—To change or rearrange the structural parts or the exit facilities of a building or structure, including an extension on a side or increase in height, or the moving from one location or position to another. 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, steps and terraces. BASEMENT— That portion of a building wholly or partly underground and extending no more than five (5) feet above the finished grade. BUILDING—Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattels. 24009 6-25-96 § 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. 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. COURT— An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. COURT, INNER— A court enclosed on all sides by the exterior walls of a building. COURT, OUTER—A court extending to a street line or opening upon any front, side or rear yard. COVERAGE— That percentage of the lot area covered by the building area. DISTRICT— The term "residence district" shall mean any district prefixed by"R." The term "business district" shall mean any district prefixed by "B." The term "light industry district" shall mean any district prefixed by 24010 6-25-96 § 240-4 ZONING § 240-4 "LI," and the term "office building district" shall mean any district prefixed by"OB"as set forth in§ 240-5.3 DWELLING— A building designed or used exclusively as living quarters for one (1) or more families; the term shall not be deemed to include a motel, hotel, rooming house or tourist home. DWELLING, MULTIFAMILY— A building or portion thereof containing three (3)or more dwelling units. DWELLING, ONE-FAMILY— A detached building containing one(1)dwelling unit only. DWELLING, TWO-FAMILY— A detached building containing two (2) dwelling units only. DWELLING UNIT— A building or portion thereof providing complete housekeeping facilities for one (1) family. FAMILY—One (1) or more persons occupying a dwelling unit and living as a single housekeeping unit.4 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—The ratio of the aggregate floor area of a building, exclusive of attic and basement areas used only for storage or services incidental to the operation or maintenance of the building,to the site area of the lot on which the building is located. FRONTAGE—The extent of a building or of land along a street. 3 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.L 4 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 24011 -. 6-25-96 § 240-4 MAMARONECK TOWN CODE § 240-4 FRONT SETBACK LINE— A line parallel to the front lot line and at a distance therefrom equal to the minimum front yard dimension for the district in which located. GARAGE, PRIVATE—An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use. GARAGE, PUBLIC—A building or part thereof used for the storage, care, repair or painting of motor vehicles for remuneration, including any sale of motor vehicle 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. 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 (1) inch vertical to one (1) foot horizontal, or to the e_. mean point between the eaves and the highest point of, the roof, if of any other type, or to the highest point of the structure, if it has no roof, measured as follows: A. If the building adjoins the front property line or is not more than ten (10) feet distant therefrom: measured at the center of the front wall of the building from the established grade of the curb; or, if no grade has been officially established, measured from the elevation of the existing curb; or, if no 24012 6-25-96 § 240-4 ZONING §240-4 grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building. B. If the building is more than ten (10) feet from the front property line: measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished ground surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three (3) feet above the established grade of the curb. HOME OCCUPATION—Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, which use is clearly incidental or secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barbershop, beauty parlor, hairdressing establishment, tearoom, tourist home, rooming house, animal hospital or any similar use shall not be deemed to be a"home occupation." HOSPITAL— Unless otherwise specified, the term "hospital" 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 addiction, epilepsy or mental diseases. HOUSE TRAILER— Any portable or mobile vehicle used or designed to be used for living or sleeping purposes. The term "trailer" shall include such a vehicle if mounted on temporary or permanent foundations,with or without the wheels in place. LOADING SPACE— Any off-street space available for the parking of one (1) truck for loading or unloading of goods, not less than fifteen (15) feet wide, forty (40) feet long and fourteen (14) feet high, and having direct 24013 6-25-96 § 240-4 MAMARONECK TOWN CODE § 240-4 usable access to a street or alley, except that where one (1) such "loading space" has been provided, any additional "loading space" lying alongside, contiguous to and not separated from such first "loading space" need not be wider than twelve (12) feet. LOT—A parcel of land, not divided by streets, occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this 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 (2) adjacent sides abut on streets or public places. Any other lot is an interior lot. That portion of a"corner lot"in excess of one hundred (100) feet from the widest street on which 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. MECHANICAL AMUSEMENT DEVICE — Any machine which, upon payment of a charge or upon the insertion of a 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 24014 6-25-96 §240-4 ZONING §240-4 a score. It shall include but is not limited to such devices as marble machines, pinball machines, 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 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] 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 parking space convenient to each unit and providing lodging, with or without meals and other incidental services, for a transient clientele exclusively. NONCONFORMING USE— A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective. NURSERY SCHOOL— A school designed to provide daytime care and instruction to five (5) or more children under six (6) years of age and registered by the State Education Department. PARKING AREA—An off-street area containing one (1) or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of about three hundred fifty (350) square feet of parking area per parking space. PARKING SPACE— An off-street space available for parking of one (1) motor vehicle on a transient basis having dimensions of not less than nine by twenty (9 x 20) feet exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct usable street access to a street or alley, 24015 6-25-96 §240-4 MAMARONECK TOWN CODE § 240-4 except that ninety percent (90%) of parking spaces appurtenant to multifamily uses containing three (3) or more dwelling units shall have a minimum dimension of not less than eight and one-half by eighteen (81/2 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] 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] 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 (2) and fewer than ten (10) rooms without kitchen facilities that are used, rented or hired out to be 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, 24016 6-25-96 § 240-4 ZONING § 240-4 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 (5) feet above the level from which the height of the building is measured or if it is used for business purposes or for dwelling purposes by other than a janitor or watchman and his family. STORY, HALF—A story with at least two (2) opposite exterior sides meeting a sloping roof not more than two (2) feet above the floor of such story. STREET—An existing state, county or town highway, a street shown on a subdivision plat approved by the Town Planning Board under §§276 and 277 of the Town Law or a street on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to such Board of the power to approve plats. STREET LINE— The line separating the street from the property abutting such street. STRUCTURE— Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to signs, swimming pools and tennis courts. 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 twenty-five (25) feet in minimum dimension and has no more than ten percent 24017 6-25-96 § 240-4 MAMARONECK TOWN CODE § 240-4 (10%) of its area with a grade of more than five percent (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 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. 24018 6-25-96 § 240-4 ZONING § 240-5 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: 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 OB-1 Office Building District OB-2 Office Building District 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] 24019 6-25-96 § 240-6 MAMARONECK TOWN CODE § 240-7 §240-6. Zoning Map.5 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, 5 Editor's Note: For amendments to the Zoning Map subsequent to its adoption, consult copies on file at the Town Clerk's office, 24020 6-25-96 § 240-7 ZONING § 240-9 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. §240-8. Divided properties. Where a lot in one (1) ownership of record at the time of the adoption of this chapter or any amendment thereto is divided by one (1) or more district boundary lines, the Board of Appeals may permit the extension of a use or structure which is a permitted use in one (1) portion of said lot into the portion in which it is not a permitted use, provided 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 one hundred (100) feet of the street in the other district;and C. Conditions and safeguards are attached to such permit to protect existing or prospective development in the latter district. ARTICLE III Regulations 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 24021 6-25-96 § 240-9 MAMARONECK TOWN CODE § 240-13 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. §240-10. 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 (1) main building and its accessory buildings on one (1) lot except for nonresidential buildings and multifamily dwellings in districts where such uses are permitted. §240-12. Yards and open spaces. 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 (1) 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 24022 6-25-96 § 240-13 ZONING § 240-16 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. §240-14. 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 twenty percent (20%) of the lots shown on the plats shall have less than eighty percent (80%) of the 24023 6-25-96 §240-16 MAMARONECK TOWN CODE § 240-19 minimum area specified in Articles IV through VII, and further provided that no lot shall have a width at any point or a street line frontage of less than twenty-five (25)feet.6 B. Each approved modification of the zoning regulations shall be noted specifically on the plat, and a copy of the plat shall be filed with the Town Clerk. Upon the filing of said plat in the office of the County Clerk, the approved modifications shall be recorded as a part of this chapter. §240-17. Flood-hazard areas. 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. 6 Editor's Note:Amended at time of adoption of Code;see Ch. 1,General Provisions, Art.I. 7 Editor's Note:Amended at time of adoption of Code;see Ch. 1,General Provisions, Art.I. 24024 6-25-96 § 240-19.1 ZONING §240-19.1 §240-19.1. Pub is ut. . mod-cpl ar tPle�-one 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. 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 environmen- tal 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. 24025 6-25-96 §240-19.1 MAMARONECK TOWN CODE § 240-19.1 (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. 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 (1) 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 24026 6-25-96 § 240-19.1 ZONING §240-19.1 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. 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 [five hundred fifty (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 (2) points identified above. The calculated NIER level at any one (1) of the two (2) 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 one thousand two hundred (1,200) feet.Antennas or sources of NIER situated in the LI District shall comply with the existing setbacks applicable to that zone. All 24027 6-25-96 §240-19.1 MAMARONECK TOWN CODE § 240-20 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 Building Inspector indicating repairs made. [Amended 3-15-1995 by L.L. No. 4-1995] H. Visibility. All towers and antennas shall be sited to have the least possible practical visual effect on the environment. Towers shall not be artificially lighted unless otherwise required by the Federal Aviation Ad- ministration 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 (1) row of native evergreen shrubs or trees capable of forming a continuous hedge at least five (5) feet in height within two (2) 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 24028 6-25-96 §240-20 ZONING §240-21 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. 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. 24029 6-25-96 § 240-21 MAMARONECK TOWN CODE § 240-21 (5) Playground,park,parkway, library, firehouse, police station or other municipal use, not including incinerators or dumps.8 C. Accessory uses (when located on the same lot with the principal uses to which they are accessory). (1) Professional office of a physician, dentist, chiropractor, architect, engineer or similar professional person, when conducted in a dwelling by the inhabitant thereof, with not more than one (1) nonresident employee or associate in any dwelling. (2) Keeping of not more than two (2) nontransient persons as roomers or boarders in any dwelling, provided that no sign is displayed and no separate cooking facilities shall be maintained in connection with such accessory use. (3) Private garden house, garage, toolhouse, playhouse, family swimming pool(as permitted by 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) 9Tennis courts are permitted when constructed in conformity with the following: (a) Tennis courts must be in the rear one-third (1/3) of the property. 8 Editor's Note:Amended at time of adoption of Code;see Ch. 1,General Provisions, Art.I. 9 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. 24030 6-25-96 § 240-21 ZONING §240-21.1 (b) No court may be erected closer than fifteen (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. (e) No fencing shall be higher than eight (8) feet without approval of the Board of Zoning Appeals. (8) Within an enclosed garage, one (1) commercial vehicle may be stored. Said vehicle may not exceed two hundred twenty(220) inches in length nor have a gross vehicle weight in excess of five thousand (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 ten (10) feet of any structure other than a garage.1° §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 10 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. 1. 24031 6-25-96 § 240-21.1 MAMARONECK TOWN CODE § 240-21.1 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. (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.11 11 Editor's Note:See now Ch.175,Signs. 24032 6-25-96 §240-21.1 ZONING §240-21.1 (5) Playing fields and courts for baseball, volleyball, basketball and similar sports. (6) Playgrounds and picnic areas. (7) No more than one (1) residence for caretakers and staff of a recreational facility consisting of no more than ten (10) sleeping rooms or three (3) dwelling units. (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 twenty- five percent (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. 24033 6-25-96 §240-21.1 MAMARONECK TOWN CODE § 240-24 (c) To minimize cut and fill; roads should follow natural topography wherever possible. (2) There shall be maintained a minimum of twenty percent (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 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. 24034 6-25-96 § 240-24 ZONING § 240-25 (2) Dwellings for more than two(2)families. B. Special uses.The same as § 240-21B above. C. Accessory uses.The same as § 240-21C above. §240-25. Business—Mixed Use Business District:B-MUB. [Added 4-4-1990 by L.L.No.2-1990] A. Purpose. The B-MUB Zone shall be to permit a mixture of business and residential zones in large parcels. B. Procedure. (1) Special provisions for mixed-use development shall only be permitted upon application to and approval by the Town Board of a zoning amendment in accordance with the procedures below as well as those set up 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 requirements of obtaining other approval for development required by any other 24035 6-25-96 § 240-25 MAMARONECK TOWN CODE §240-25 town law, ordinance or regulation, including but not limited to Chapter 177, Site Plan Review. C. Principal uses. The same as in Business (B) District. D. Special uses. (1) The same as in Business (B) District. (2) Mixed-use developments, including the following uses, separately or in combination, subject to the standards set forth below in Subsection E and approval of a site plan by the Planning Board: (a) Multifamily dwellings. (b) Business and professional offices. (c) Retail stores, personal service establishments and restaurants. E. Special provisions for mixed-use development. Uses proposed under the provisions of Subsection D(2) above shall comply with the following standards: (1) Area and bulk requirements. (a) Minimum site area shall be eighty thousand (80,000) square feet. (b) Maximum height shall be five (5) floors, excluding covered parking and service area, or sixty (60) feet. The height shall be calculated from the average street grade of the site at the curb of the front yard. (c) Maximum floor area ration (FAR) shall be one and zero-tenths (1.0). (d) Yards shall be as follows: All setbacks shall be a minimum of ten (10) feet plus four (4) inches per one(1)foot of building height. (2) Residential density. For each type of dwelling unit, the minimum gross site area per dwelling unit shall be seven hundred fifty(750) square feet. 24036 6-25-96 §240-25 ZONING § 240-25 (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 one (1) apartment for maintenance use personnel, and shall not share an entrance with nonresidential uses. (b) Nonresidential uses shall not occupy more than forty percent (40%) of the gross floor area of all structures on the site. (c) Design guidelines. The following guidelines shall be considered by the Planning Board in its review of site plans and shall only be varied upon a finding that the objectives of this section are better served by an alternate plan. [1] The total horizontal cross section of buildings over thirty (30) feet in height should not exceed fifteen percent (15%) of the total site area. [2] Required front yards should be landscaped and should not be paved except for necessary access drives. 24037 6-25-96 § 240-25 MAMARONECK TOWN CODE § 240-27 [3] The location and materials of buildings over thirty (30) feet in height should be reviewed to evaluate their effect on views and sight lines from adjacent residential districts and should not substantially obstruct or conflict with such view. [4] Service areas and parking lots should be screened from adjacent residential districts by landscaping, walls or fences of a height and design deemed necessary by the Planning Board to protect adjacent residences. §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. 24038 6-25-96 § 240-28 ZONING _ § 240-30 ARTICLE V Business and Industrial Districts:Permitted Uses §240-28. Office Building District: OB-1. A. Principal uses. Any use permitted and as regulated in § 240-21A, except that there shall be no combination of residence and business uses on the same lot. B. Special uses, subject to conformance with additional standards as provided in Article IX. Office buildings for business and professional use, including administrative, scientific, research and development, educational, statistical, financial and similar activities, but not including manufacturing or fabrication of products or the sale of goods at wholesale or retail. C. Accessory uses. (1) Any accessory use customarily incidental to a permitted use. (2) Signs, exterior spotlighting or other illumination of buildings as permitted by Chapter 106, Fire Prevention and Building Construction. [Amended 4-17-1963] §240-29. Office Building District:OB-2. A. Principal uses. The same as § 240-28A above. B. Special uses. The same as § 240-28B above. C. Accessory uses. The same as § 240-28C above. §240-30. Business District:B. 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 24039 6-25-96 § 240-30 MAMARONECK TOWN CODE § 240-30 manufacturing except incidental and on the same premises with such retail sales. (2) (Reserved)12 (3) Indoor recreation or amusement establishments. (4) Business or professional offices. (5) (Reserved)13 (6) Municipal uses. (7) Public utility structures serving a local area. B. Special uses, subject to conformance with additional standards as provided in Article IX. (1) (Reserved)14 (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)15 (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 12 Editor's Note: Former§89-28A(2),which listed restaurants, cafes or other places serving food and beverages,was repealed 6-2-1976. 13 Editor's Note:Former§89-28A(5),which listed sale or hire of motor vehicles,was repealed 4-4-1990 by L.L.No.2-1990. 14 Editor's Note:Former§89-28B(1),which listed gasoline filling stations and garages, was repealed 4-4-1990 by L.L.No.2-1990. 15 Editor's Note: Former §89-28B(5), which listed automatic car-washing facilities, was deleted 4-4-1990 by L.L.No.2-1990. 24040 6-25-96 § 240-30 ZONING §240-30 area shall be sixty thousand (60,000) square feet or more if used for nursery business purposes. [Added 5-5-1976] (9) Restaurants for the sale, service and consumption of food and drinks on the premises, and all food and drink services must be consumed in the principal building. This regulation does not permit the use of lunch wagons, hot dog stands, diners, dining cars, fast-food operations and indoor counter-service restaurants intended to cater to motor vehicle trade which serve in disposable containers and provide on-premises or off-premises parking. No outdoor table service will be permitted. [Added 6-2-1976] C. Accessory uses. (1) Any accessory building or use customarily incidental to a permitted use. (2) Signs, exterior spotlighting or other illumination of buildings as permitted by Chapter 106, Fire Prevention and Building Construction. [Amended 4-17-1963] (3) [Added 12-7-1988 by L.L. No. 8-1988] Mechanical amusement devices, subject to the following conditions: (a) Said devices and the premises in which they are placed shall have received a license as provided in Chapter 55, Amusement Devices, Mechanical, and shall be operated in accordance with regulations set forth therein. (b) Not more than two (2) licensed mechanical amusement devices shall be permitted for any principal use. (c) No mechanical amusement devices shall be permitted within six hundred (600) feet of any church, public or parochial school or playground. 24041 6-25-96 §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 for the sale, service and consumption of food and drinks on the premises, and all food and drink must be consumed in the principal building. This regulation does not permit the use of lunch wagons, hot dog stands, diners, dining cars, fast- food operations and indoor counter-service restaurants intended to cater to motor vehicle trade which serve in disposable containers and provide on-premises or off-premises parking. No outdoor table service will be permitted. (8) Wholesale or storage businesses in enclosed buildings. (9) Municipal uses. (10) Public utility structures serving a local area. B. Special uses: (1) Stores for 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 24042 6-25-96 § 240-31 ZONING § 240-32 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. - (7) Automatic car-washing facilities as an adjunct to existing gasoline filling stations and/or public garages. §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 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 24043 6-25-96 § 240-32 MAMARONECK TOWN CODE § 240-32.1 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 (1) 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 building height shall not exceed four (4) stories or forty-four (44) feet and there shall be at least one thousand seven hundred fifty (1,750) square feet of lot area for each dwelling unit on the site. 24044 6-25-96 §240-32.1 ZONING §240-33 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: fifty thousand (50,000) square feet. (2) Minimum lot width and length of street line frontage: one hundred fifty(150) feet. (3) Minimum depth of lot: one hundred fifty(150)feet. B. Yards, courts and open spaces. (1) Minimum front yard: fifty (50) feet. On a corner lot, a front yard should be provided on each street. (See § 240-54.) (2) Minimum side yards: thirty-five (35) feet for each side yard. (3) Minimum rear yard: fifty(50)feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet 24045 6-25-96 § 240-33 MAMARONECK TOWN CODE § 240-34 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: one thousand two hundred (1,200). C. Floor area.Minimum first floor area, in square feet. (1) One(1) story: two thousand one hundred (2,100). (2) One and one-half (11/2) stories: one thousand eight hundred(1,800). (3) Two and one-half (21/2) stories: one thousand five hundred (1,500). D. Maximum heights. (1) In stories: two and one-half(21/2). (2) In feet: thirty-five (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 thirty-five percent (35%),16 §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: thirty thousand (30,000) square feet. 16 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. I. 24046 6-25-96 §240-34 ZONING § 240-34 (2) Minimum lot width and length of street line frontage: one hundred twenty-five (125)feet. (3) Minimum depth of lot: one hundred fifty(150)feet. B. Yards, courts and open spaces. (1) Minimum front yard: fifty (50) feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: twenty(20)feet. 30 (b) Total of two (2): fifty(50)feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: fifty(50) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (c) Minimum courts: as required by§ 240-55. (d) Usable open space (in square feet per dwelling unit): one thousand two hundred (1,200). 24047 6-25-96 §240-34 MAMARONECK TOWN CODE § 240-35 C. Floor area. Minimum first floor area,in square feet. (1) One (1) story: two thousand one hundred (2,100). (2) One and one-half (11/2) stories: one thousand eight hundred (1,800). (3) Two (2) and two and one-half (21/2) stories: one thousand five hundred(1,500). D. Maximum heights. (1) In stories:two and one-half(21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street 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 thirty-five percent (35%).17 §240-35. One-Family Residence District: R-20. A. Lot requirements. (1) Minimum lot area per dwelling unit: twenty thousand (20,000) square feet. (2) Minimum lot width and length of street line frontage: one hundred(100) feet. (3) Minimum depth of lot: one hundred twenty-five (125) feet. B. Yards, courts and open spaces. (1) Minimum front yard: forty (40) feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. 17 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. I. 24048 6-25-96 § 240-35 ZONING § 240-35 (a) Least one: fifteen (15)feet. 2 5-- (b) Total of two (2): forty(40)feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: forty(40)feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: one thousand two hundred(1,200). C. Floor area. Minimum first floor area, in square feet. (1) One (1) story: one thousand nine hundred(1,900). (2) One and one-half (11/2) stories: one thousand seven hundred(1,700). (3) Two (2) and two and one-half (21/2) stories: one thousand four hundred(1,400). D. Maximum heights. (1) In stories: two and one-half(21/2). 24049 6-25-96 § 240-35 MAMARONECK TOWN CODE § 240-36 (2) In feet:thirty-five (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 thirty-five percent (35%).18 §240-36. One-Family Residence District:R-15. A. Lot requirements. (1) Minimum lot area per dwelling unit: fifteen thousand (15,000) square feet. (2) Minimum lot width and length of street-line frontage: one hundred (100) feet. (3) Minimum depth of lot: one hundred (100) feet. B. Yards, courts and open spaces. (1) Minimum front yard: forty (40) feet. On a corner lot, a front yard shall be provided on each street. (See §240-54.) (2) Minimum side yards. (a) Least one: ten (10)feet. (b) Total of two (2): thirty(30)feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. 18 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. 24050 6-25-96 § 240-36 ZONING § 240-36 (3) Minimum rear yard: twenty-five (25)feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: one thousand two hundred(1,200). C. Floor area.Minimum first-floor area,in square feet. (1) One (1) story: one thousand six hundred(1,600). (2) One and one-half (11/2) stories: one thousand three hundred(1,300). (3) Two (2) and two and one-half (21/2) stories: one thousand (1,000). D. Maximum heights. (1) In stories:two and one-half(21/2). (2) In feet: thirty-five (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 thirty-five percent(35%).19 19 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. 24051 6-25-96 § 240-37 MAMARONECK TOWN CODE § 240-37 §240-37. One-Family Residence District:R-10. A. Lot requirements. (1) Minimum lot area per dwelling unit: ten thousand (10,000) square feet. (2) Minimum lot width and length of street-line frontage: eighty-five (85)feet. (3) Minimum depth of lot: one hundred (100)feet. B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See §240-54.) (2) Minimum side yards. (a) Least one: ten (10)feet. (b) Total of two (2): twenty-five (25)feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to 24052 6-25-96 § 240-37 ZONING §240-38 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: one thousand two hundred(1,200). C. Floor area. Minimum first-floor area, in square feet. (1) One (1) story: one thousand four hundred(1,400). (2) One and one-half (11/2) stories: one thousand one hundred(1,100). (3) Two (2) and two and one-half (21/2) stories: nine hundred (900). D. Maximum heights. (1) In stories: two and one-half(21/2). (2) In feet: thirty-five(35). E. Off-street parking. Minimum number of off-street 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 thirty-five percent(35%).20 §240-38. One-Family Residence District:R-7.5. A. Lot requirements. (1) Minimum lot area per dwelling unit: seven thousand five hundred(7,500) square feet. (2) Minimum lot width and length of street-line frontage: seventy-five(75)feet. (3) Minimum depth of lot: one hundred(100) feet. 20 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. 24053 6-25-96 1 §240-38 MAMARONECK TOWN CODE §240-38 B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See§ 240-54.) (2) Minimum side yards. (a) Least one: ten (10) feet. (b) Total of two (2): twenty(20) feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25)feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: one thousand two hundred (1,200). C. Floor area. Minimum first-floor area, in square feet. (1) One (1) story: one thousand two hundred (1,200). (2) One and one-half(11/2) stories: one thousand (1,000). 24054 6-25-96 § 240-38 -ZONING- §240-39 (3) Two (2) and two and one-half (21/2) stories: eight hundred(800). D. Maximum heights. (1) In stories: two and one-half(21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street 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 thirty-five percent (35%).21 §240-39. One-Family Residence District: R-6. A. Lot requirements. (1) Minimum lot area per dwelling unit: six thousand (6,000)square feet. (2) Minimum lot width and length of street-line frontage: sixty(60) feet. (3) Minimum depth of lot: one hundred (100)feet. B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: eight (8)feet. / (b) Total of two (2): eighteen(18)feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may 21 Editor's Note:Added at time of adoption of Code:see Ch.1,General Provisions,Art. 24055 6-25-96 ``I § 240-39 MAMARONECK TOWN CODE § 240-39 be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: one thousand two hundred (1,200). C. Floor area. Minimum first-floor area, in square feet. (1) One (1) story: one thousand (1,000). (2) One and one-half(11/2) stories: eight hundred (800). (3) Two (2) and two and one-half (21/2) stories: seven hundred (700). D. Maximum heights. (1) In stories:two and one-half(21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street parking spaces: as required by §§ 240-75 through 240-78. 24056 6-25-96 § 240-39 ZONING §240-39.1 F. Lot coverage. No buildings, accessory structures, pools, courts, drives or paved areas shall be erected or installed to exceed a lot coverage of thirty-five percent(35%).22 §240-39.1. Recreation District: R. [Added 7-20-1994 by L.L.No.6-1994] A. Lot requirements. (1) Minimum lot area: fifty(50) acres. (2) Minimum lot width and length of street line frontage: three hundred (300) feet. Minimum lot depth: five hundred(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 forty (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: one hundred fifty (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: seventy-five (75) feet for each side yard. Minimum rear yard: one hundred (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. 22 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. 24057 6-25-96 § 240-39.1 MAMARONECK TOWN CODE § 240-40 C. Coverage. (1) No principal buildings or combination of principal buildings on the site shall have a coverage which exceeds one percent(1%) of the total area of the lot. (2) The total of all buildings shall not exceed an area of one and twenty-five hundredths percent (1.25%) of the total lot area. D. Maximum height. (1) In stories: two and one-half(21/2) stories. (2) In feet: thirty-five (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: five thousand (5,000) square feet. [Any lot existing in the R-2F Zone in single and separate ownership on June 29, 1959, having at least seven thousand five hundred (7,500) square feet, may be used for two-family residence.] (2) Minimum lot width and length of street-line frontage: fifty(50)feet per dwelling unit. [Amended 4-17-1963] (3) Minimum depth of lot: one hundred (100) feet. 24058 s-25-96 r § 240-40 ZONING § 240-40 B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. (a) Least one: eight (8)feet. (b) Total of two (2): eighteen (18)feet. (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25) feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: one thousand two hundred(1,200). C. Floor area. Minimum first-floor area, in square feet. (1) One (1) story: one thousand (1,000). (2) One and one-half(11/2) stories: eight hundred(800). 24059 6-25-96 § 240-40 MAMARONECK TOWN CODE § 240-41 (3) Two (2) and two and one-half (21/2) stories: seven hundred(700). D. Maximum heights. (1) In stories: two and one-half(21/2). (2) In feet:thirty-five(35). 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 thirty-five percent (35%).23 §240-41. Garden Apartment District.R-GA. A. Lot requirements. (1) Minimum lot area per dwelling unit: three thousand five hundred(3,500) square feet. (2) Minimum depth of lot: one hundred fifty(150) feet. (3) Maximum coverage of lot: twenty-five percent (25%).24 B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See §240-54.)25 (2) Minimum side yards. 23 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. 24 Editor's Note:Amended at time of adoption off Code;see Ch.1,General Provisions, Art.I. 25 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 24060 6-25-96 § 240-41 ZONING §240-41 (a) Least one: twenty-five(25) feet.26 (b) Total of two (2): sixty(60)feet.27 (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: twenty-five (25)feet.28 (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: four hundred (400). C. Floor area. Minimum floor area per dwelling unit: an average of seven hundred fifty (750) square feet per dwelling unit. 26 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 27 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 28 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 24061 6-25-96 § 240-41 MAMARONECK TOWN CODE § 240-42 D. Maximum heights. (1) In stories: two and one-half(21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. §240-42. Attached Residence District:R-A. A. Lot requirements. (1) Minimum lot area per dwelling unit: two thousand five hundred (2,500) square feet. (2) Minimum depth of lot: one hundred (100) feet. (3) Maximum coverage of lot: twenty-five percent (25%). B. Yards, courts and open spaces. (1) Minimum front yard: thirty (30) feet. On a corner lot, a front yard shall be provided on each street. (See § 240-54.) (2) Minimum side yards. / 27 � G De (a) Least one: twenty-five (25) feet.29 _ ((. (b) Total of two (2): sixty(60)feet.30 (3 3) (c) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. 29 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 39 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 24062 6-25-96 § 240-42 ZONING § 240-43 (3) Minimum rear yard: twenty-five (25)feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: three hundred(300). C. Floor area. Minimum floor area per dwelling unit: an average of seven hundred fifty (750) square feet per dwelling unit. D. Maximum heights. (1) In stories: two and one-half(21/2). (2) In feet: thirty-five (35). E. Off-street parking. Minimum number of off-street 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: one thousand five hundred (1,500) square feet. (2) Minimum depth of lot: one hundred (100)feet. (3) Maximum coverage of lot: twenty percent(20%). B. Yards, courts and open spaces. 24063 6-25-96 § 240-43 MAMARONECK TOWN CODE § 240-43 (1) Minimum front yard: fifteen (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 (11/2) inches per foot of building height but not less than five (5) feet or one (1) inch for each foot of building length, a minimum of ten (10)feet from a street. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (3) Minimum rear yard: three (3) inches per foot of building height but not less than fifteen (15)feet. (a) A rear yard shall be provided on a corner lot, and the owner shall have the privilege of electing which yard is to be the rear yard. (b) An unattached accessory building not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the required minimum front yard setback for the zoning district. (4) Minimum courts: as required by§ 240-55. (5) Usable open space, in square feet per dwelling unit: two hundred(200). C. Floor area. Minimum floor area per dwelling unit: an average of seven hundred fifty (750) square feet per dwelling unit. 24064 6-25-96 § 240-43 ZONING § 240-44 D. Maximum heights. (1) In stories: six(6). (2) In feet: seventy(70). E. Off-street parking. Minimum number of off-street parking spaces: as required by§§ 240-75 through 240-78. ARTICLE VII Business and Industrial Districts: Bulk and Dimensional Requirements §240-44. Office Building Districts: OB-1 and OB-2. A. Lot requirements. (1) Minimum lot area. (a) OB-1: one and five-tenths (1.5) acres. (b) OB-2: two and five-tenths (2.5) acres. (2) Minimum width at front setback line: two hundred (200) feet. (3) Maximum building coverage: fifteen percent (15%). B. Minimum yards. (1) Front yards: fifty(50) feet. (a) No parking shall be permitted in front of any building unless the building setback from the street is at least seventy-five (75) feet. (b) Wherever a front, side or rear yard abuts a nonresidential district or abuts a street, the opposite side of which is in a nonresidential district, such yard may be reduced to not less than fifteen (15) feet. (2) Side yards: fifty(50) feet each. (a) The same planting requirements as for business where a lot adjoins a residence district or abuts 24065 6-25-96 §240-44 MAMARONECK TOWN CODE § 240-44 a street, the opposite side of which is in a residence district. (b) Wherever a front, side or rear yard abuts a nonresidential district or abuts a street, the opposite side of which is in a nonresidential district, such yard may be reduced to not less than fifteen (15) feet. (3) Rear yards: fifty (50) feet, except that this may be reduced to twenty-five (25) feet next to a railroad. (a) The same planting requirements as for business where a lot adjoins a residence district or abuts a street, the opposite side of which is in a residence district. (b) Wherever a front, side or rear yard abuts a nonresidential district or abuts a street, the opposite side of which is in a nonresidential district, such yard may be reduced to not less than fifteen (15) feet. C. Maximum floor area (as a percentage of lot area): thirty- five percent (35%). D. Maximum heights. (1) In stories: two and one-half(21/2). (2) In feet: thirty-five (35). E. Minimum number of off-street parking spaces: see §§ 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 that the light source itself is not visible beyond the boundaries of the lot upon which it is located. 24066 6-25-96 § 240-44 ZONING §240-45 (3) Parking areas shall be permanently and suitably screened with evergreen planting and shall be set back from all lot boundaries a distance sufficient to provide a space for such planting. (4) Access and service drives shall be laid out in such a manner that connections with the street or streets on which the lot has frontage are located and designed so as to avoid unsafe conditions or traffic congestion. Except where no other street access is available, no entrance or exit drive shall be allowed from any street, the opposite side of which abuts a residential district. (5) No building permit or certificate of occupancy shall be issued for any office building or accessory building or use except in accordance with a plan of development, architectural design and landscaping, exterior lighting or signs approved by the Town Board following recommendations by the Planning Board and Board of Architectural Review, as provided in §240-61E of this chapter. §240-45. Business District:B. Z/ P A. Lot requirements. (1) Minimum lot area: none. (2) Minimum width at front setback line: one hundred fifty (150) feet. [Amended 4-4-1990 by L.L. No. 2-1990] (3) Maximum building coverage: twenty-five percent (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 seventy-five (75)feet. (2) Side yards: 24067 6-25-96 §240-45 MAMARONECK TOWN CODE § 240-45 (a) No side yard is required but, if provided, shall be at least four (4) feet; except where a lot adjoins a residence district, there shall be a side yard of at least ten (10) feet, which shall be 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 (5) 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 twenty-five (25) feet, at least ten (10) feet of which shall be permanently, suitably planted with evergreens to form a landscaped screen. C. Maximum floor area (as a percentage of lot area): fifty percent(50%). D. Maximum heights. (1) In stories: two (2). (2) In feet: thirty(30). E. Minimum number of off-street parking spaces: see §§ 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. 24068 6-25-96 § 240-46 ZONING § 240-46 §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 one hundred(100)feet. B. Minimum yards: the same as Business (B)District. C. Maximum floor area: the same as Business (B) District. 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 24069 6-25-96 §240-46 MAMARONECK TOWN CODE § 240-48 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. §240-47. Business — Mixed Use Business District: (B- MUB). [Added 4-4-1990 by L.L.No.2-1990] The following bulk 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. §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: fifty percent (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 (4) feet; except where a lot adjoins a residence district, there shall be a side yard of at least ten (10) feet, which shall be 24070 6-25-96 § 240-48 ZONING § 240-48.1 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 (5) 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 twenty-five (25) feet, at least ten (10) feet of which shall be permanently, suitably planted with evergreens to form a landscaped screen. C. Maximum floor area (as a percentage of lot area): one hundred percent (100%). D. Maximum heights. (1) In stories: two (2). (2) In feet: thirty(30). 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 24071 6-25-96 §240-48.1 MAMARONECK TOWN CODE § 240-48.1 as an urban renewal area, one (1) 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 building height shall not exceed four (4) stories or forty-four (44) feet and there shall be at least one thousand seven hundred fifty (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: forty thousand (40,000) square feet. (b) Minimum lot area per dwelling unit: one thousand two hundred (1,200) square feet. (c) Minimum depth of lot: one hundred (100) feet. (d) Maximum coverage of lot:thirty percent(30%). (2) Yards,courts and open spaces. (a) Minimum front yard: fifteen (15) feet. On a corner lot, a front yard shall be provided on each street. (b) Minimum side yards: ten (10) feet each; provided, however, that unattached accessory buildings, not over one (1) story or fifteen (15) feet in height and located on the rear one-third (1/3) of the lot, may be placed at a minimum distance of five (5) feet from the property line. On a corner lot, such accessory building shall not be located nearer to the street line than the 24072 6-25-96 r §240-48.1 ZONING § 240-49 required minimum front yard setback for the zoning district. (c) Minimum rear yard: fifteen (15) feet. On a corner lot, one (1) yard shall be designated a rear yard, at the discretion of the owner. (d) Usable open space, in square feet per dwelling unit: one hundred(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. (3) Dwelling unit size. (a) The average size of all dwelling units on any site shall not exceed two(2)bedrooms per unit. (b) No dwelling unit shall have more than three (3) bedrooms. (4) Maximum heights. (a) In stories: four(4). (b) In feet: forty-four(44). (5) Off-street parking: one and five-tenths (1.5) spaces per dwelling unit. 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. (J` 24073 6-25-96 §240-50 MAMARONECK TOWN CODE §240-51 §240-50. Terraces and porches. [Amended 4-17-196331] A paved terrace or wood deck, not more than eighteen (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 (3) feet high and shall not project into any yard to a point closer than five (5) feet from any side or rear lot line. Any porch, either open or enclosed, shall be considered a part of the building in the determination of the size of the yard or the amount of lot coverage. §240-51. Projecting architectural features. A. Cornices, eaves, chimneys, bay windows, windowsills, belt courses and other architectural features may project not more than two (2) feet into any required yard. The sum of any bay window projections on any wall shall not exceed one-fourth (1/4) the length of such wall, and no such projecting bay window shall have a total length of more than ten (10) feet nor be more than one (1) story in height. Steps and their platforms not exceeding a total of etjat ' forty (40) square feet in area are permitted to project into any require side yard a distance of no more than five (5) feet and into a required front yard a distance not more than eight(8)feet.32 B. Fire escapes. Open fire escapes may extend into any required yard not more than six (6) feet; provided, however, that such fire escape shall not be closer than four(4) feet at any point to any lot line. ' 31 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 32 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, —1 Art.I. 24074 6-25-96 §240-52 :' 1 ZONING § 240-53 §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(4)feet in height in any required front yard and/or five (5) feet in height in any required side or rear yard._ For the purposes of this chapter the height of an retaininLwall 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 (4) 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 this provision by no more than twelve (12) inches. However, no more than ten percent (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. §240-53. Visibility at intersections. At any street intersection in any residential district, no fence, wall or other structure or planting more than three (3) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty (30) feet distant from the point of intersection, measured along 24075 6-25-96 § 240-53 MAMARONECK TOWN CODE § 240-56 said street line. The height of three (3) 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 (6) feet to the ground. This provision shall be in addition to the provisions of§ 161-4 of this Code. §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 fifteen (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 ten percent (10%) of the area of the roof on which they are located. Exceptions to the ten-percent area limitation may be provided for energy conservation devices; provided, however, that application for any such exception shall not be treated as 24076 6-25-96 § 240-56 ZONING § 240-57 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 seventy (70) feet in an R-TA District or more than fifty (50) feet in any other district shall be erected unless approved by the Board of Appeals. [Amended 3-21-1979] 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(5)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. 24077 6-25-96 § 240-58 MAMARONECK TOWN CODE § 240-59 §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 (1) 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.33 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. (Reserved) 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. 33 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 24078 6-25-96 § 240-61 ZONING §240-61 §240-61. Applications; fee. [Amended 5-4-1977; 12-19-1984 by L.L.No. 10-1984] A. 34Applications 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 time35 and shall be on a form prescribed by the Planning Board requiring the following information: (1) The name of the applicant and owner of the property. (2) The location of the property,intersecting streets and the Tax Map description. (3) The present use at the proposed location for 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 environmen- tal clearance form and environmental assessment form, both of which shall be in such form as approved by the Planning Board. C. The application shall be accompanied by fifteen (15) sets of plans for the proposed development, which shall show the location of all buildings, parking ares, traffic access 34 Editor's Note:Amended at time of adoption of Code;see Ch. 1,General Provisions, Art.I. 35 Editor's Note:See Ch.A250,Fee Schedule. 24079 6-25-96 § 240-61 MAMARONECK TOWN CODE § 240-62 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. D. The applicant shall submit a list of all property owners within a three-hundred-foot radius of the subject property, along with their addresses and a certification that the applicant has compared the names and addresses with the records maintained in the Town of Mamaroneck Assessor's office and that said list contains the names and addresses of all owners of property within a three-hundred-foot radius of the property which is the subject of the application. E. Upon receipt of an application, the Planning Board shall send a copy of the application and plans to the Police De- partment, Fire Department, Traffic Committee, Town Engineer, Building Inspector and any other agency it deems appropriate for review and comment. §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 24080 6-25-96 § 240-62 ZONING § 240-63 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. 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. Upon receipt of an application containing all necessary information and plans, the Planning Board shall, within sixty-two (62) days of receipt of a completed application, hold a public hearing on said application upon ten (10) days' notice published in the official newspaper of the town and with further notice by regular mail to property owners within a three-hundred-foot radius of the property in question.36 B. Within sixty-two (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.37 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. 36 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 37 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 24081 6-25-96 § 240-64 MAMARONECK TOWN CODE § 240-66 §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 (2) 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. §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 (9) 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 24082 6-25-96 § 240-66 ZONING §240-68 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 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 ninety(90)days or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this 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 orf 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 24083 6-25-96 §240-68 MAMARONECK TOWN CODE § 240-70 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 (1) year or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever, for any reason, then any future use of such building shall be in conformity with the regulations specified by this chapter for the district in which such building is located. E. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the 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 t su i 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 24084 6-25-96 § 240-70 ZONING §240-70 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.38 B. In the case of a lot which does not meet the required dimensions in a residence district, the minimum required front and rear yards shall be those of the residence 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 38 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 24085 6-25-96 § 240-70 MAMARONECK TOWN CODE § 240-73 have been completed as required by the Planning Board! §240-71. Damaged buildings. If any building shall be accidentally destroyed or damaged due to fire, explosion or other cause to the extent of not more than fifty percent (50%), above the foundations, of its reproduction value at the time of the damage, as determined by the Building Inspector, 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 (2) nearest dwellings on the same side of the 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 twelve (12) months of such damage or destruction. §240-72. (Reserved)40 §240-73. Completion of buildings under construction. Any building for which a permit has been duly granted prior to the effective date of any amendment to this chapter which makes such building nonconforming as to use or causes it to deviate in other respects from the height,yard, court, floor area, 39 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 40 Editor's Note: Former §240-72, Nonconforming signs, as amended 4-17-1963, was deleted at time of adoption of Code;see Ch.1,General Provisions,Art.I. 24086 6-25-96 § 240-73 ZONING § 240-76 parking, loading, open space or land coverage requirements of this chapter may be completed in accordance with the plans on file with the Building Inspector, 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. 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 24087 6-25-96 § 240-76 MAMARONECK TOWN CODE § 240-77 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 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 24088 6-25-96 p� l 1 The following interpretation is to be used when reviewing 5 one family dwellings for conformity with the need for two parking spaces. Two stacked [one in front of the other] spaces will be acceptable for one family dwellings only, Access to either vehicle is available in a single household, and not necessarily available in a two or more family situation. § 240-77 ZONING §240-78 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. [Amended 4-17-1963; 4-4-1990 by L.L. No. 2-1990; 7-20-1994 by L.L.No. 6-199441] 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. Type of Use Minimum Requirements 1- and 2-family dwelling 2 spaces for each dwelling f-,e units N6 ' Multiple dwellings: Studio 1 space 1-bedroom 11/2 spaces 2-bedroom 2 spaces 3-bedroom 21/2 spaces Professional office or 2 spaces in addition to home occupation permitted spaces for residential in a required residential units except that medical zone as an accessory use or dental offices shall have 4 spaces for each doctor or dentist in addition to residential parking requirements 41 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. r 4 24089 6-25-96 §240-78 MAMARONECK TOWN CODE § 240-78 Type of Use Minimum 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 convalescent excluding bassinets, plus 1 space home 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 feet amusement, the capacity of of floor space devoted to patron which cannot be measured use in terms of seats Restaurant or place 1 space for each 50 square feet of dispensing food or drink floor space devoted to patron use Retail or service business 1 space for each 200 square feet of floor space Wholesale, storage,utility 1 space for each person for which or other commercial building the building or use is designed or or use for each 2,000 square feet, whichever is greater Office for business or 1 space for each 300 square feet of professional use floor area 24090 6-25-96 § 240-78 ZONING §240-78 Type of Use Minimum Requirements Funeral parlor or At least 10 spaces for each chapel undertaking establishment or viewing room and 1 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 3 spaces per court private Private swimming 1 space for each 3 pools bathers Soccer,football and 10 spaces for each field, baseball fields plus 1 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 (2) or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual 24091 6-25-96 §240-78 MAMARONECK TOWN CODE § 240-79 use on the lot, except that the Board of Appeals may approve the joint use of parking space by two (2) or more establishments on the same or 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 (2) adjoining lots may be provided in a single common facility on one (1) 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 five hundred (500) feet of the building, except in a residence district, if the Board determines that it is impractical to provide parking on the same lot with the building. B. In any residence district, no vehicle storage longer than overnight shall be developed within twenty-five (25) feet of a front lot line nor shall such storage be developed within five (5) 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 24092 6-25-96 § 240-79 ZONING § 240-80 determining the front, side or rear lot line. [Amended 4-17-196342] C. No parking in connection with any nonresidential use shall be so located that motor vehicles may enter or leave the parking area across a sidewalk except at a point or points approved as part of a plan, as required by § 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 f ; 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.48 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 ten percent (10%) of required parking, with a minimum of two (2) spaces. Vehicles displayed for sale or rent may not use areas required as off-street parking pursuant to § 240-78A and B.44 §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 42 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.I. 43 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. I. 44 Editor's Note:Added at time of adoption of Code;see Ch.1,General Provisions,Art. I. 24093 6-25-96 § 240-80 MAMARONECK TOWN CODE § 240-82 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. §240-81. 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 two thousand (2,000) square feet: one (1) space for the first four thousand (4,000) square feet of floor area or major portion thereof used for business purposes and one (1) additional space for each additional ten thousand (10,000) square feet of business floor space ormajor portion thereof. B. For wholesale businesses, storage warehouses, manufacturing or industrial establishments: one (1) space for each ten thousand (10,000) square feet or major portion thereof used for such purposes. 24094 6-25-96 §240-82 ZONING § 240-84 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. 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 Building Inspector, in accordance with the provisions of this chapter. §240-84. Records and reports. A. The Building Inspector shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy. 24095 6-25-96 §240-84 MAMARONECK TOWN CODE § 240-85 B. The Building Inspector 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 Building Inspector shall make a report to the Town Board, in writing, at least once every three (3) months, reporting the number and type of building permits and certificates of occupancy issued and listing all 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 Building Inspector. Except upon a written authorization of the Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where such construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter. B. A building permit shall be void if construction is not started within a period of six (6) months and completed within a period of two (2)years of the date of said permit. [Amended 1-5-1960] C. There shall be submitted with all applications for building permits three (3) copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and 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 24096 6-25-96 § 240-85 ZONING § 240-86 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 (1) copy of such plan shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started. The Building Inspector, after inspection of the property, may require information relative to the contours of the lot where the building or buildings are to be located. §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 the Building Inspector. Such certificate shall state that such building or premises or part thereof and the proposed use thereof are in complete conformity with the provisions of this 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 Building Inspector 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. 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 24097 6-25-96 §240-86 MAMARONECK TOWN CODE § 240-88 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 Building Inspector shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon written request from the owner, the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conform to the provisions of this chapter. §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 (6) months from the date of the issuance of such permit and completed within a period of two (2) years from the date of issuance of such permit. If building operations are discontinued for a period of six (6) months or more, any further construction shall be in conformity with all of the provisions of this 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 fifty dollars ($50.) or imprisonment for a period not to exceed six (6) months, or by both such fine 24098 6-25-96 § 240-88 ZONING § 240-88 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 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 ten (10) days after written request by a resident taxpayer of the town to so proceed, any three (3) taxpayers of the town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the town is authorized to do. The Building Inspector shall serve notice personally or by registered mail, and, if by mail, it may be addressed to the owner or occupant of the premises where such violation exists, at the address 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 24099 6-25-96 § 240-88 MAMARONECK TOWN CODE § 240-89 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. §240-89. Board of Appeals. A. Organization; procedures. (1) A Board of Appeals, as heretofore established by the Town Board,is hereby maintained. (2) Said Board shall have the power to adopt from time to time such rules and procedure not inconsistent with law, as it may determine to be necessary, to carry out the provisions of these regulations and to exercise the authority vested in it by the Town Law. B. Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by the Town Law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any of the power of the Board of Appeals that is conferred by the Town Law. (1) Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line if uncertainty remains after reference to the rules specified in Article II. (2) Variances. Where the strict application of any of the requirements of this chapter, in the case of an exceptionally irregular, narrow, shallow or steep lot or other exceptional physical conditions, would 24100 6-25-96 § 240-89 ZONING § 240-89 result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or the building involved, but in no other case, the Board of Appeals shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions of this chapter. No variance in the strict application of any provisions of this chapter shall be granted by the Board of Appeals unless it finds: (a) That there are special circumstances or conditions, fully described in the findings of the Board of Appeals, applying to the building or land for which the adjustment is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the district and have not resulted from any act of the applicant subsequent to the date of adoption of the regulation or regulations appealed from, whether in violation of the provisions herein or not. (b) That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the particular application of the conditions of this chapter would deprive the applicant of the reasonable use of such land or building and the granting of the adjustment is necessary for the reasonable use of the land or building and that the adjustment as granted by the Board is the minimum adjustment that will accomplish this purpose. (c) That the granting of the adjustment will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 24101 6-25-96 § 240-89 MAMARONECK TOWN CODE § 240-91 C. Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permit or certificate of occupancy under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare and to ensure continual compliance with these regulations. §240-90. Appeals. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications shall be in writing, on forms prescribed by the Board, and each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted or the use for which a special permit is sought. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision was based. §240-91. Fee for advertising hearing. [Amended 12-9-1964; 3-3-1971; 10-19-1977451 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 Building Inspector a fee, as set forth by resolution of the Town Board 45 Editor's Note:Amended at time of adoption of Code;see Ch.1,General Provisions, Art.1. 24102 6-25-96 § 240-91 ZONING § 240-92 from time to time, to cover the cost of advertising the notice of hearing, upon each application filed." 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 forty-five (45) days of the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated. 46 Editor's Note:See Ch.A250,Fee Schedule. 24103 6-25-96 §240-93 MAMARONECK TOWN CODE § 240-94 §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 sixty (60) days following the date of such resolution, no building shall be erected, enlarged or altered and no permit shall be issued for the construction, enlargement or alteration of any building or for the occupancy of any land or building in any manner that would be contrary to 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. 24104 6-25-96