[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."
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,[1] and more particularly for the protection and promotion
of the public health, safety and welfare, as follows:
A.Â
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 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.Â
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.Â
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.Â
To protect and conserve the value of buildings in
the various districts established by this chapter.
E.Â
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.Â
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.Â
To aid in providing a guide for public policy and
action in the efficient provision of public facilities and services
and for private enterprise by effective use of land or building in
building development, investment and other economic activity relating
to uses of land and buildings throughout the Town.
[Amended 7-17-1996 by L.L. No. 14-1996]
H.Â
To limit development to an amount commensurate with
the availability and capacity of public facilities and services.
[1]
Editor's Note: See § 261 et seq.
of the Town Law.
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.
For the purposes of this chapter, certain words
and terms used herein are defined as follows:
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.
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.
That portion of a building wholly or partly underground and
extending no more than five feet above the finished grade.
Any structure having a roof and intended for the shelter,
housing or enclosure of persons, animals or chattels.
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot.
The horizontal distance between the furthermost walls of
a building, measured along or parallel to the axis of its greatest
dimension.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
An establishment engaged in preparing and serving a full
line of food and beverages primarily through the use of a service
line where the customer serves himself or is served from displayed
selections and, where table or booth seating facilities are available,
some limited waitperson service may be provided.
[Added 3-4-1998 by L.L. No. 4-1998]
All facilities, equipment, apparatus and devices used for
cellular telephone communications.
[Added 2-15-1995 by L.L. No. 3-1995]
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.
The expansion of an existing fast-food establishment use,
as defined, or portion thereof which is not incidental or subordinate
to the principal use, but rather co-exists as a similar principal
use on the same lot and within the same building.
[Added 3-4-1998 by L.L. No. 4-1998]
Any retail establishment of not more than 2,000 square feet
offering a wide variety of goods and merchandise for sale to the public,
whose principal products include food, beverages, candy and cigarettes,
and where most products are sold for consumption upon leaving the
establishment. The term "convenience store" shall not be considered
to include supermarket or grocery store.
[Added 3-4-1998 by L.L. No. 4-1998]
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 or more sides by such building or buildings.
A court enclosed on all sides by the exterior walls of a
building.
A court extending to a street line or opening upon any front,
side or rear yard.
That percentage of the lot area covered by the building area.
An establishment which prepares and sells food and beverages
ordered from a counter or display case where the patron selects from
a variety of ingredients (meats, fish, salads, etc.) which are assembled,
as requested by the patron, and/or are available separately for purchase
by weight or quantity, and in which tables, chairs or counters for
the consumption of food on the premises are not provided.
[Added 3-4-1998 by L.L. No. 4-1998]
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 "LI," and the term "office building district" shall mean any district prefixed by "OB" as set forth in § 240-5.
[Amended 7-17-1996 by L.L. No. 14-1996]
A building designed or used exclusively as living quarters
for one or more families; the term shall not be deemed to include
a motel, hotel, rooming house or tourist home.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or portion thereof providing complete housekeeping
facilities for one family.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
[Amended 7-17-1996 by L.L. No. 14-1996]
An establishment primarily engaged in the sale of ready-to-consume
food and beverages, generally served in disposable or prepackaged
containers or wrappers, in which patrons usually select their orders
from a posted menu offering a limited number of specialized items
such as but not limited to hamburgers, chicken, fish and chips, pizza,
tacos and hot dogs; these items are prepared according to standardized
procedures for consumption either on or off the premises in a facility
where a substantial portion of the sales to the public is by drive-in
or stand-up service and primary cleanup is generally performed by
the customer. The term "fast-food restaurant" shall not be considered
to include restaurant, delicatessen, take-out establishment, bakery
or ice cream/confectionary store
[Added 3-4-1998 by L.L. No. 4-1998].
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]
[Amended 1-8-2003 by L.L. No.
1-2003]
FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS A ONE- OR A TWO-FAMILY DWELLINGThe ratio of the aggregate floor area of all of the buildings on a lot to the area of the lot on which the buildings are located. Notwithstanding the preceding sentence the following shall be excluded from the calculation of floor area:
FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS NOT A ONE- OR A TWO-FAMILY DWELLINGThe ratio of the aggregate floor area of all of the buildings on a lot, exclusive of attic and basement areas used only for storage or services incidental to the operation or maintenance of the buildings, to the area of the lot on which the buildings are located.
A retail establishment in which space is leased and/or operated
by more than one fast-food restaurant, take-out establishment or ice
cream/confectionary store, as defined in this section, in which a
common seating area is shared by lessees, and where customers order
from and are served by individual personnel identified with the various
product lines at individual counters.
[Added 3-4-1998 by L.L. No. 4-1998]
Any retail business primarily engaged in the sale of food
products, whether consumed on or off premises.
[Added 3-4-1998 by L.L. No. 4-1998]
The extent of a building or of land along a street.
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.
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
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.
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.
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.
A retail store of not more than 5,000 square feet selling
a limited assortment of food-related products and sundries.
[Added 3-4-1998 by L.L. No. 4-1998]
The vertical distance to the level of the highest point of
the roof's surface, if the roof is flat or inclines not more than
one inch vertical to one foot horizontal, or to the mean point between
the eaves and the highest point of the roof, if of any other type,
or to the highest point of the structure, if it has no roof, measured
as follows:
If the building adjoins the front property line
or is not more than 10 feet distant therefrom: measured at the center
of the front wall of the building from the established grade of the
curb; or, if no grade has been officially established, measured from
the elevation of the existing curb; or, if no grade has been officially
established and no curb exists, measured from the average level of
the finished ground surface across the front of the building.
If the building is more than 10 feet from the
front property line: measured from the average level of the finished
grade adjacent to the exterior walls of the building. Where the finished
ground surface is made by filling, the level of such finished grade,
for the purpose of this definition, shall not be deemed to be more
than three feet above the established grade of the curb.
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."
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.
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.
An establishment primarily engaged in the rapid retail sale
of ice cream, frozen yogurt and/or other confectionary desserts and
beverages from a counter or display case where the food is sold primarily
for consumption off the premises and where the floor area devoted
to customer seating has 12 or fewer seats and complies with the area
requirements of the New York State Uniform Fire Prevention and Building
Code.[1] The term "ice cream parlor" shall not be considered to
include fast-food restaurant or delicatessen.
[Added 3-4-1998 by L.L. No. 4-1998]
Any off-street space available for the parking of one truck
for loading or unloading of goods, not less than 15 feet wide, 40
feet long and 14 feet high, and having direct usable access to a street
or alley, except that where one such "loading space" has been provided,
any additional "loading space" lying alongside, contiguous to and
not separated from such first "loading space" need not be wider than
12 feet.
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.
The total horizontal area included within lot lines.
A lot of which at least two adjacent sides abut on streets
or public places. Any other lot is an interior lot. That portion of
a "corner lot" in excess of 100 feet from the widest street on which
such lot abuts shall be considered an interior lot.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The property line or lines separating the lot from the street
or streets.
The property lines bounding a lot, as defined herein.
The mean width of a lot, measured at right angles to its
depth.
An establishment engaged in offering ready-to-consume and
made-to-order food that is prepared on premises and served at a sit-down
counter, and/or limited table service may also be provided. The menu
is usually limited to breakfast and/or lunch, and a limited assortment
of sundries may be offered at the counter for sale.
[Added 3-4-1998 by L.L. No. 4-1998]
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 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]
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.
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.
A school designed to provide daytime care and instruction
to five or more children under six years of age and registered by
the State Education Department.
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto. In general, there
shall be an average of about 350 square feet of parking area per parking
space.
An off-street space available for parking of one motor vehicle
on a transient basis having dimensions of not less than nine feet
by 20 feet exclusive of passageways and driveways appurtenant thereto
and giving access thereto and having direct usable street access to
a street or alley, except that 90% of parking spaces appurtenant to
multifamily uses containing three or more dwelling units shall have
a minimum dimension of not less than eight and one-half by eighteen
(8Â 1/2 x 18) feet.
[Amended 10-23-1991 by L.L. No. 14-1991]
A wireless communication facility, not used commercially.
[Added 2-15-1995 by L.L. No. 3-1995]
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]
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]
An establishment which prepares and serves food and beverages
selected by patrons from a full menu, served by a waitperson, and
consumed on the premises, and which has permanent seating facilities
and counters or tables adequate to accommodate all customers served.
To the extent that food is separately ordered and taken out, this
latter function shall be considered accessory to the primary restaurant
use. The term "restaurant" shall not be considered to include fast-food
establishment, delicatessen, take-out food establishment, bakery or
ice cream/confectionary store as described elsewhere in this section.
[Added 3-4-1998 by L.L. No. 4-1998]
A structure which holds or secures in place rock and/or earth.
[Added 2-7-1996 by L.L. No. 3-1996]
Any building or portion thereof containing more than two
and fewer than 10 rooms without kitchen facilities that are used,
rented or hired out to be 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.
Any material or structure or part thereof composed of lettered
or pictorial matter or upon which lettered or pictorial matter is
placed which is used outside of or on the exterior of any building
for display of an advertisement, announcement, notice, directional
matter or name and includes signs, billboards, signboards, illuminated
signs or ground signs but does not include signs erected and maintained
pursuant to and in the discharge of any governmental function.
[Amended 4-7-1963]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a "story" if the ceiling
is more than five feet above the level from which the height of the
building is measured or if it is used for business purposes or for
dwelling purposes by other than a janitor or watchman and his family.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
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.
The line separating the street from the property abutting
such street.
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.
A retail store of more than 5,000 square feet selling a complete
assortment of food and food preparation materials, household items
and other retail items. "Supermarkets" may contain accessory pharmacies,
delicatessens, meat and fish markets, bakeries and florists within
the principal use structure.
[Added 3-4-1998 by L.L. No. 4-1998]
An establishment which prepares and sells food and beverages
served in disposable containers, ordered by telephone, or from a counter
or display case, where the patron selects from a fixed menu consisting
primarily of freshly prepared foods, beverages or baked goods, which
foodstuffs are sold primarily for consumption off the premises but
may also include customer seating, provided that the area devoted
to such seating is clearly accessory to the main business, has 12
or fewer seats and complies with the area requirements of the New
York State Uniform Fire Prevention and Building Code.[2]
[Added 3-4-1998 by L.L. No. 4-1998]
A portion of the ground area of a lot which is available
and accessible to all occupants of the building or buildings on said
lot for outdoor recreation use, which area is not devoted to driveways
or parking spaces, is at least 25 feet in minimum dimension and has
no more than 10% of its area with a grade of more than 5%.
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.
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.
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.
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.
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.
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.
