City of New Rochelle, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
See § 331-28C(1).
A. 
Permitted principal uses.
(1) 
Business, professional, or governmental offices, excluding medical and dental offices.
(2) 
Stores and shops exclusively for sales at retail or the performance of customary personal services.
(3) 
Large scale major retail outlets.
(4) 
Theaters up to a capacity of 200 persons.
(5) 
Bowling alleys.
(6) 
Skating rinks.
(7) 
Indoor tennis courts and indoor racquetball and squash courts.
(8) 
Banks.
(9) 
Restaurants.
(10) 
Boatyards.
(11) 
Manufacture of products for retail sale on the premises only, provided that not more than five persons shall be so employed at any one time, and provided further that not more than 30% of the gross floor area of any establishment be so used.
(12) 
Municipal uses.
(13) 
Houses of worship.
(14) 
Martial arts studios, dance studios and aerobic exercise studios.
[Added 4-13-2009 by Ord. No. 71-2009]
(15) 
College-related uses within 1,500 feet of the college and/or university's main administrative building.
[Added 2-19-2013 by Ord. No. 39-2013]
B. 
Permitted accessory uses.
(1) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2) 
Motor vehicle storage areas and related parking.
(3) 
Amusement devices as regulated by Chapter 86 of the Code.
(4) 
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
(5) 
Outdoor dining as per § 331-95 of the Zoning Chapter.
C. 
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(1) 
Billiard halls as regulated by § 331-113.
(2) 
Public utility uses as regulated by § 331-106.
(3) 
Cellular antennas and associated facilities as per § 331-99 of this chapter.
(4) 
Car washes as regulated by § 331-105.
[Added 5-21-2003 by Ord. No. 106-2003]
(5) 
Motor vehicle dealerships as regulated by § 331-102.
[Added 5-21-2003 by Ord. No. 106-2003]
(6) 
Motor vehicle rental agency as regulated by § 331-103.
[Added 5-21-2003 by Ord. No. 106-2003]
(7) 
Motor vehicle filling and service stations as regulated by § 331-100.
[Added 5-21-2003 by Ord. No. 106-2003]
(8) 
Tattoo Studios, as regulated by § 331-110.
[Added 3-23-2010 by Ord. No. 55-2010]
(9) 
Cabarets accessory to a restaurant shall be permitted when the C1-M District is located in the Cabaret Overlay Zone only as regulated by § 331-113.2.
[Added 3-20-2012 by Ord. No. 50-2012; amended 9-17-2014 by Ord. No. 124-2014]
See § 331-28C(2).
A. 
Permitted principal uses.
(1) 
Business, professional, or governmental offices.
(2) 
Stores and shops exclusively for sale at retail or the performance of customary personal services. Notwithstanding the foregoing, stores and shops exclusively for retail sale located within 150 feet of a residential district or use shall not exceed 3,000 square feet, including all accessory spaces, unless the current parking requirements are met on site.
[Amended 5-17-2016 by Ord. No. 117-2016]
(3) 
Manufacture of products for retail sale on the premises only, provided that not more than five persons shall be so employed at any one time, and provided further that not more than 30% of the gross floor area of any establishment be so used.
(4) 
Retail laundries or retail dry cleaners.
(5) 
Banks.
(6) 
Restaurants.
(7) 
Restaurants, carry-out.
(8) 
Health clubs.
(9) 
Community purpose buildings.
(10) 
Off-street parking facilities. (See Article XIV.)
(11) 
Houses of worship.
(12) 
Martial arts studios, dance studios and aerobic exercise studios.
[Added 4-13-2009 by Ord. No. 71-2009]
(13) 
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
[Added 7-19-2011 by Ord. No. 135-2011]
(14) 
Animal hospitals.
[Added 3-18-2014 by Ord. No. 52-2014]
B. 
Permitted accessory uses.
(1) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2) 
Amusement devices as regulated by Chapter 86 of the Code.
(3) 
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
C. 
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(1) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(1), Day-care centers, as amended, was repealed 9-19-2017 by Ord. No. 187-2017.
(2) 
Schools.
(3) 
Catering establishments.
(4) 
Motor vehicle filling and service stations as regulated by § 331-100.
(5) 
Outdoor dining as regulated by § 331-95.
(6) 
Public utility uses and structures as regulated by § 331-106.
(7) 
Billiard halls as regulated by § 331-113.
(8) 
Membership clubs as regulated by § 331-94.
(9) 
Self-storage facilities.
(10) 
Cellular antennas and associated facilities as per § 331-99.
(11) 
Car washes as regulated by § 331-105.
[Added 5-21-2003 by Ord. No. 106-2003]
(12) 
Cabarets as accessory to a restaurant use shall be permitted when the NB District is located in the Cabaret Overlay Zone only as regulated by § 331-113.2.
[Added 3-20-2012 by Ord. No. 50-2012; amended 9-17-2014 by Ord. No. 124-2014]
See § 331-28C(3).
A. 
Permitted principal uses.
(1) 
Stores and shops for sales at retail or the performance of customary personal services, excluding the sale of building materials, stone, lumber, coal, other fuels or other materials or products.
[Amended 6-16-2015 by Ord. No. 135-2015]
(2) 
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
(3) 
Business, professional, or governmental offices, to be located above first floor.
(4) 
Banks.
(5) 
Business or trade schools, to be located above first floor.
(6) 
Restaurants.
(7) 
Restaurants, carry-out.
(8) 
Catering halls.
(9) 
Dance studios, martial arts studios, aerobic exercise studios, to be located above first floor.
(10) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(10), allowing supper theaters, cabarets and nightclubs as permitted principal uses, was repealed 7-15-2003 by Ord. No. 167-2003; former Subsections A(11), (12), (13), (14) and (15) were renumbered as Subsection A(10), (11), (12), (13) and (14).
(11) 
Theaters, bowling alleys, skating rinks, indoor tennis courts.
(12) 
Health clubs.
(13) 
Medical care facilities, to be located above first floor.
(14) 
Off-street parking facilities as regulated by Article XIV of this chapter.
(15) 
Houses of worship.
(16) 
College-related uses.
[Added 2-19-2013 by Ord. No. 39-2013; amended 6-18-2013 by Ord. No. 121-2013]
(17) 
Hotels.
[Added 2-24-2015 by Ord. No. 41-2015]
(18) 
Manufacture of products for retail sale, provided that a minimum of 30% of the gross floor area be dedicated to retail sales of the product, with such retail space located on the street level at the building's street frontage.
[Added 7-18-2017 by Ord. No. 152-2017]
B. 
Permitted accessory uses.
(1) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2) 
Amusement devices as regulated by Chapter 86 of the City Code.
(3) 
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
C. 
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(1) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C(1), Day-care centers located on through streets, as amended, was repealed 9-19-2017 by Ord. No. 187-2017.
(2) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection C(2), Day-care centers located on dead-end streets, added 2-13-2007 by Ord. No. 48-2007, was repealed 9-19-2017 by Ord. No. 187-2017.
(3) 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection C(3), which set forth colleges, universities, and private schools as regulated by § 331-113.1, as a use allowed by special permit, was repealed 2-19-2013 by Ord. No. 39-2013.
(4) 
Outdoor dining as regulated by § 331-95.
(5) 
Public utility uses as regulated by § 331-106.
(6) 
Cellular antennas and associated facilities as regulated by § 331-99 of this chapter.
(7) 
Businesses which store, package and ship products to wholesale or catalog retail establishments which utilize the internet.
(8) 
Craft beverage production facilities as regulated by § 331-113.10.
[Amended 7-18-2017 by Ord. No. 152-2017]
(9) 
Billiard halls as regulated by § 331-113.
(10) 
Clubs as regulated by § 331-94.
(11) 
Funeral parlors.
(12) 
Cabarets, as accessory to a restaurant, with a public assembly occupancy limit not to exceed 250 persons as regulated by § 331-113.2, when located within the Cabaret Overlay Zone.
[Added 7-15-2003 by Ord. No. 167-2003; amended 9-17-2014 by Ord. No. 124-2014]
(13) 
Tattoo Studios, as regulated by § 331-110.
[Added 3-23-2010 by Ord. No. 55-2010]
(14) 
eSports.
[Added 10-18-2017 by Ord. No. 205-2017]
[1]
Editor’s Note: Former § 331-57.1, WDB-F West Downtown Business Floating District, added 7-19-2005 by Ord. No. 182-2005, was repealed 12-8-2015 by Ord. No. 233-2015.
[Amended 9-16-2003 by Ord. No. 204-2003]
See §§ 331-28C(4) and 331-74.
A. 
Permitted principal uses.
(1) 
Large scale retail facilities.
(2) 
Stores and shops exclusively for sales at retail or the performance of customary personal services.
(3) 
Business, professional, or governmental offices.
(4) 
Houses of worship.
(5) 
National brand retail establishment, including accessory fully enclosed storage, repair, servicing, and customizing of merchandise sold by the national brand retailer and other complementary accessory uses, which accessory uses shall not constitute more than 40% of the total gross floor area of the establishment.
[Added 7-20-2004 by Ord. No. 165-2004]
(6) 
Enclosed tennis, squash, handball and/or racquetball court facility.
[Added 3-15-2005 by Ord. No. 61-2005]
(7) 
Indoor wall or rock climbing facility.
[Added 3-15-2005 by Ord. No. 61-2005]
(8) 
Restaurants and Carry-Out Restaurants.
[Added 7-19-2011 by Ord. No. 135-2011]
(9) 
Banks.
[Added 10-21-2014 by Ord. No. 167-2014]
B. 
Permitted accessory uses.
(1) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2) 
[1]Nursery schools.
[1]
Editor's Note: Former Subsection B(2), allowing day-care centers as permitted accessory uses, was repealed 2-13-2007 by Ord. No. 48-2007. This ordinance also redesignated former Subsection B(3) as B(2).
C. 
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002; 9-16-2003 by Ord. No. 204-2003; 4-20-2004 by Ord. No. 90-2004; 2-13-2007 by Ord. No. 48-2007; 3-20-2012 by Ord. No. 50-2012; 11-15-2016 by Ord. No. 233-2016; 11-15-2016 by Ord. No. 242-2016]
(1) 
Greenhouses, nurseries, and arboretums. as regulated by § 331-96.
(2) 
Public utility uses as regulated by § 331-106.
(3) 
Cellular antennas and associated facilities as regulated by § 331-99 of this chapter.
(4) 
Self-storage facility, as regulated by § 331-105.1.
(5) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C(5), Day-care centers, was repealed 9-19-2017 by Ord. No. 187-2017.
(6) 
Cabarets accessory to a restaurant use as regulated by § 331-113.2.
[Added 11-15-2016 by Ord. No. 244-2016]
A. 
Permitted principal uses.
(1) 
Large-scale retail facilities.
(2) 
Stores and shops exclusively for sales at retail or the performance of customary personal services.
(3) 
Business, professional, or governmental offices.
(4) 
Houses of worship.
(5) 
National brand retail establishment, including accessory fully enclosed storage, repair, servicing, and customizing of merchandise sold by the national brand retailer and other complementary accessory uses, which accessory uses shall not constitute more than 40% of the total gross floor area of the establishments.
(6) 
Enclosed tennis, squash, handball and/or racquetball court facility.
(7) 
Indoor wall- or rock-climbing facility.
(8) 
Restaurants and carry-out restaurants.
(9) 
Banks.
(10) 
Health clubs.
(11) 
Self-storage facilities.
(12) 
Municipal facilities.
(13) 
Outdoor storage of motor vehicles.
(14) 
Motor vehicle dealership.
B. 
Permitted accessory uses.
(1) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
C. 
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(1) 
Greenhouses, nurseries, and arboretums as regulated by § 331-96.
(2) 
Public utility uses as regulated by § 331-106.
(3) 
Cellular antennas and associated facilities as regulated by § 331-99 of this chapter.
(4) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(4), Day-care centers, was repealed 9-19-2017 by Ord. No. 187-2017.
(5) 
Cabarets accessory to a restaurant use as regulated by § 331-113.2.
See § 331-28C(5).
A. 
Permitted principal uses.
(1) 
Business, professional, or governmental offices.
(2) 
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings.
(3) 
Medical laboratories.
(4) 
Animal hospitals.
(5) 
Printing plants.
(6) 
Wholesale businesses, including storage, warehousing and distribution, in fully enclosed buildings.
(7) 
Enclosed storage of passenger vehicles.
(8) 
Health and recreational clubs.
(9) 
Radio stations and transmission towers.
(10) 
Houses of worship.
(11) 
Stores and shops for sales at retail, provided that such products are manufactured or assembled on the premises and that not more than 30% of the gross floor area of the structure on the premises shall be devoted to such retail use.
[Added 12-10-2002 by Ord. No. 229-2002]
(12) 
Motor vehicle rental agency.
[Added 5-21-2003 by Ord. No. 106-2003]
(13) 
Self-storage facility.
[Added 4-20-2004 by Ord. No. 90-2004]
(14) 
Storage of commercial or industrial vehicles or construction equipment in fully enclosed buildings.
[Added 4-20-2004 by Ord. No. 90-2004]
(15) 
Open or enclosed storage of passenger and commercial vehicles, provided that the proposed parking area is in accordance with the supplementary regulations applicable to the same.
[Added 7-19-2011 by Ord. No. 137-2011]
(16) 
Animal day care.
[Added 10-20-2015 by Ord. No. 203-2015]
(17) 
Recreational uses.
[Added 11-15-2016 by Ord. No. 233-2016]
B. 
Permitted accessory uses.
(1) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2) 
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.[1]
[1]
Editor's Note: Former Subsection B(3), regarding retail stores and shops, which immediately followed this subsection, was repealed 12-10-2002 by Ord. No. 229-2002. See now Subsection A(11).
C. 
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(1) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C(1), Day-care centers, as amended, was repealed 9-19-2017 by Ord. No. 187-2017.
(2) 
Motor vehicle dealerships.
(3) 
Outdoor storage of motor vehicles.
(4) 
Greenhouses, nurseries, and arboretums as regulated by § 331-96.
(5) 
Cellular antennas and associated facilities as per § 331-99 of this chapter.
(6) 
Public utility uses as regulated by § 331-106.
(7) 
Car washes as regulated by § 331-105.
[Added 5-21-2003 by Ord. No. 106-2003]
(8) 
Motor vehicle service or repair facility as regulated by § 331-101.
[Added 5-21-2003 by Ord. No. 106-2003]
(9) 
Motor vehicle filling or service station as regulated by § 331-100.
[Added 5-21-2003 by Ord. No. 106-2003]
(10) 
Any other nonresidential use permitted by special permit under Article XII of this chapter.
[Added 4-26-2005 by Ord. No. 98-2005]
See § 331-28C(6).
A. 
Permitted principal uses.
(1) 
Business, professional, or governmental offices.
(2) 
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings.
(3) 
Medical laboratories.
(4) 
Animal hospitals.
(5) 
Printing plants.
(6) 
Wholesale businesses, including storage, warehousing and distribution, in fully enclosed buildings.
(7) 
Storage of motor vehicles.
(8) 
Health and recreational clubs.
(9) 
Radio stations and transmission towers.
(10) 
Storage of commercial or industrial vehicles or construction equipment.
(11) 
Outdoor manufacturing areas as regulated by § 331-61B.
(12) 
Trucking terminals and truck trailer storage.
(13) 
Houses of worship.
(14) 
Motor vehicle service or repair facility.
[Added 5-21-2003 by Ord. No. 106-2003]
(15) 
Motor vehicle filling or service station.
[Added 5-21-2003 by Ord. No. 106-2003]
B. 
Permitted accessory uses.
(1) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2) 
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
C. 
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(1) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(1), Day-care centers, as amended, was repealed 9-19-2017 by Ord. No. 187-2017.
(2) 
Motor vehicle dealerships.
(3) 
Motor vehicle body repair shops.
(4) 
Greenhouses, nurseries, and arboretums as regulated by § 331-96.
(5) 
Contractor's yards with associated parking of related equipment.
(6) 
Cellular antennas and associated facilities as per § 331-99 of this chapter.
(7) 
Public utility uses as regulated by § 331-106.
(8) 
Car washes as regulated by § 331-105.
[Added 5-21-2003 by Ord. No. 106-2003]
(9) 
Any other nonresidential use permitted by special permit under Article XII of this chapter.
[Added 4-26-2005 by Ord. No. 98-2005]
A. 
Bars and cabarets. No bar or cabaret shall be permitted to be established or operated within a five-hundred-foot walking distance of any other such establishment as measured by the shortest route of ordinary pedestrian traffic in public rights-of-way between such establishments' closest respective main normal public entrances. This section shall not preclude restaurants from locating within 500 feet of each other.
[Amended 7-15-2003 by Ord. No. 167-2003]
B. 
Outdoor manufacturing areas. In districts where outdoor manufacturing is permitted, the area devoted to such use shall not be permitted to exceed 50% of the total buildable area of the lot upon which it is located, and shall be completely screened from neighboring street(s) and properties to the satisfaction of the approving agency or the Building Official, as appropriate.
C. 
Yards abutting residential districts. On any lots abutting or straddling a residence district, the dimension of the rear yard abutting the residence district shall be not less than 30 feet. The dimension of the side yard abutting the residence district shall be not less than 20 feet in the least dimension. In all other instances where yards are provided, the least dimensions of such yards, other than a front yard in an LI or I District, shall be five feet.
D. 
Unsafe buildings.
(1) 
No building or portions thereof shall be permitted to remain in any zoning district after total or partial destruction or damage by fire, action of the elements or any other cause on or after the effective date of this chapter, where the use for which such building was erected or to which it was put prior to such destruction or damage is forbidden by any provision by law, statute or ordinance by reason of such destruction or damage or is discontinued by the owner, occupant or lessee thereof, unless all necessary building and/or other permits are obtained and the reconstruction, restoration or repair of such building is commenced within 90 days of such destruction or damage and fully completed within six months thereafter.
(2) 
No building or portion thereof which has been totally or partially destroyed or damaged by fire, action of the elements or any other cause, prior to the effective date of this chapter, where the use for which such building was erected or to which it was put prior to such destruction or damage is forbidden by any provision by law, statute or ordinance by reason of such destruction or damage or has been discontinued by the owner, occupant or lessee thereof, and the reconstruction, restoration or repair of such building has not been commenced on or prior to the effective date of this chapter, shall be permitted to remain in any zoning district more than 30 days after the effective date of this chapter unless all necessary building and/or other permits are obtained for and the reconstruction, restoration or repair of such building is commenced within 60 days of such destruction and fully completed within six months thereafter.
(3) 
In any case where reconstruction, restoration or repair cannot be completed within six months of such destruction or damage, the Building Official, for good cause shown, may grant one or more extensions of time, not exceeding a total of six months.
E. 
Lot frontage. In special cases, such as on culs-de-sac and along curved sections of streets, the Planning Board shall have the discretionary authority, upon good cause shown in approving subdivisions, to reduce the lot frontage requirement, but in no case shall the minimum lot frontage be less than 15 feet.
F. 
Lot area. Applying to residence districts, the area of corner lots may be less than the required minimum by the amount dedicated in order to create a curve at the intersection of street lines in accordance with the provisions of any other codes or ordinances or any requirements of the Planning Board.
G. 
Prohibited uses. Attached dwelling units and single-family cluster residences are not permitted in the R1-WF-10 Zone (See §§ 331-30 through 331-44.)
H. 
Drive-in facility. A drive-in facility shall be prohibited when such facility is located on a lot which is adjacent to a residentially zoned district.
[Added 2-10-2004 by Ord. No. 23-2004; amended 2-24-2004 by Ord. No. 37-2004; 9-21-2004 by Ord. No. 198-2004]
I. 
Extended hours. Any self-service or retail establishment, convenience store, carry-out restaurant, restaurant, animal day care, motor vehicle filling station or motor vehicle service station shall be prohibited to operate during extended hours when such facility is located on a lot which is adjacent or within 150 feet of a residentially zoned district. This regulation shall not apply to pharmacies and their related uses within the Downtown Overlay Zone that are a minimum of 50 feet from a residentially zoned parcel.
[Added 9-21-2004 by Ord. No. 198-2004; amended 2-21-2012 by Ord. No. 35-2012; 9-17-2014 by Ord. No. 124-2014; 10-20-2015 by Ord. No. 203-2015; 11-15-2016 by Ord. No. 238-2016]
J. 
Retail tobacco, vape and similar nicotine products. Retail stores and shops primarily selling tobacco, vape and similar nicotine products shall not be located within 500 feet of the perimeter of any child day-care center, children's institution, playground, school premises or youth center.
[Added 7-18-2017 by Ord. No. 153-2017]