A.
No building shall be erected, constructed, moved,
altered, rebuilt or enlarged nor shall any land, water or building
be used, designed or arranged to be used for any purpose except in
compliance with this chapter.
B.
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection and promotion of the public health, safety, morals, comfort,
convenience and general welfare of the Village and the residents thereof.
C.
This chapter shall not be deemed to affect, in any
manner whatsoever, any easements, covenants or other agreements between
parties, except that, where it imposes a greater restriction upon
the use of buildings or land or upon erection, construction, establishment,
moving, alteration or enlargement of buildings than is imposed by
such easements, covenants or agreements or by any public ordinance,
rule, regulation, license, certificate or other authorization, the
provisions of this chapter are intended to and shall prevail.
D.
By Local Law No. 7-2008, the Village of Mamaroneck
has adopted the Westchester County Greenway Compact Plan, as amended
from time to time, as a statement of policies, principles, and guides
to supplement other established land use policies in the Village.
In its discretionary actions under this zoning chapter, the reviewing
agency should take into consideration said statement of policies,
principles and guides, as appropriate.
[Added 7-14-2008 by L.L. No. 7-2008,
effective 9-12-2008]
The following regulations shall apply in all
zoning districts.
A.
Lot for every building. Every building hereafter erected
shall be located on a lot as herein defined.
B.
Required street frontage. No permit shall be issued
for any land use or structure unless the lot upon which such land
use is to be established or structure is to be built has the required
frontage on a street, as defined herein, which street frontage provides
the actual access to such land use or structure and which street shall
have been suitably improved to the satisfaction of the Planning Board,
or a performance bond posted therefor as provided in § 7-736,
Subdivision 2, of the Village Law.
C.
Yard and open space for every building. No yard or
other open space provided about any building for the purpose of complying
with the provisions of this chapter shall be included as any part
of the yard or open space for any other building. No yard or other
open space on one lot shall be considered as a yard or open space
for a building on any other lot.
D.
Subdivision of a lot. Where a lot is formed hereafter
from part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith;
and no permit shall be issued for the establishment of a land use
or the erection of a building on the new lot thus created unless all
the requirements of this chapter are complied with by such new lot.
E.
Existing lots below minimum requirements. The minimum
lot area, width, frontage and depth regulations, or any combination
thereof, shall not apply to any lot with an area, width, frontage
and/or depth of less than prescribed herein, provided that:
(1)
Such lot was under different ownership from that of
any adjoining land on April 1, 1968, and is still so owned at the
time of application for a building permit.
(2)
Such lot was legal for the proposed use under the
provisions of the Zoning Ordinance in effect on the day prior to the
adoption of the amendment which made the lot nonconforming.
(3)
Such lot shall comply with all other applicable regulations
prescribed by this chapter.
F.
For the purpose of computing the building area, floor
area ratio, the size of a lot, rear yards, front yards and side yards,
the land lying in the bed of any public or private street adjacent
thereto, and the land lying below the high water mark of Long Island
Sound, and/or any pond, stream or waterway adjacent thereto shall
be excluded.
[Added 5-12-2008 by L.L. No. 5-2008, effective 5-15-2008]
G.
Notwithstanding any other provision of this chapter, in connection
with the development of property designated on the Village Tax Map
as Section 8, Block 103, Lots 1 and 19-46 within the RM-3 District,
the standards and requirements set forth in the Schedule of Minimum
Requirements for Residential Districts (Attachment 2) shall be calculated
as though the portion of the adjacent mapped but unimproved street
(East Plaza Avenue, formerly Sheldrake Street) consisting of approximately
13,611 square feet adjoining the RM-3 District, is part of the site
and part of the RM-3 District for purpose of such calculations.
[Added 6-24-2013 by L.L. No. 8-2013, effective 7-12-2013]
A.
Trailers.
[Amended 5-22-1972, effective 5-26-1972; 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]
(1)
Outside storage of trailers, except boat trailers
in an MC or MR District, is prohibited in any district, except that
trailers used or intended to be used for recreational purposes may
be stored or parked on property owned or occupied by the owners of
such trailers, provided that such trailers, while so parked or stored,
shall not be used for living purposes, and provided that such trailers
are not parked or stored within the front yard of the property nor
within 30 feet of the curbline of a side yard abutting a street. Parking
or storage of such trailers in the front or side yard may be permitted
by the Board of Appeals, upon proper application, if the Board finds
that storage elsewhere on the premises would create an unnecessary
hardship and that storage in the front or side yard is not within
the vision of motorists in a manner to create a traffic hazard.
[Amended 10-26-1992 by L.L. No. 8-1992, effective 11-4-1992]
(2)
Notwithstanding the foregoing, a temporary permit
for the placing and use of a trailer on a lot may be issued by the
Director of Building, Code Enforcement and Land Use Administration
in connection with any construction for which a building permit has
been issued. Such permit shall be for a period of not greater than
six months, but may be renewed, at the discretion of the Director
of Building, Code Enforcement and Land Use Administration, if work
on said construction is not completed but is progressing diligently,
Any person applying for such a temporary permit shall post a bond
in the sum of $2,500 or shall deposit $500 to guarantee the removal
of the trailer when the temporary permit has expired.
B.
Storage of boats. Outside storage of boats and boat
trailers is prohibited in all residential areas, unless boats or boat
trailers are owned by the owners or occupants of the property used
for storage, and provided that such storage is not within the front
yard of the property nor within 30 feet of the curbline of a side
yard abutting the street. Said storage in said front or side yard
may be permitted by the Board of Appeals if the Board finds that storage
elsewhere on the premises would create an unnecessary hardship and
that storage in the front or side yard is not within the vision of
motorists in a manner to create a traffic hazard.
[Amended 10-26-1992 by L.L. No. 8-1992, effective 11-4-1992]
A.
A private garage is permitted on the same plot with
a dwelling for less than three families as an accessory thereto, provided
that no business, service or industry connected directly or indirectly
with motor vehicles is carried on. No permit shall be issued for a
private garage unless a dwelling is already erected or in the course
of erection upon the same plot.
B.
Every such private garage shall be set back at least
50 feet from the front property line and, on corner lots, shall also
be set back at least 20 feet from a side street, unless such garage
is made part of the main dwelling.
C.
No commercial vehicle shall be stored or kept on any
premises located in any residential district, except as follows:
D.
No garage for fewer than five cars may be erected
or extended and no building now used as a garage for fewer than five
cars may have its use changed to a garage for more than five cars
and no gasoline service station, automobile laundry or repair and/or
paint shop for motor vehicles may be erected or extended within a
distance of 200 feet, measured along the street line of the side of
any street on which such facility has its main frontage, from the
nearest exit from or entrance to a church, hospital, public or private
school, playground, orphanage or children's home for children under
16 years of age.
[Amended 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]
A.
Projecting architectural features (horizontal). The
space in any required yard must be open and unobstructed, except for
the ordinary projection of the windowsills, bay windows, belt courses,
cornices, eaves, exterior stairs and other architectural features,
but those features must not project more than three feet into any
required yard and must not be closer than five feet to the property
line. If the building is located in the special flood hazard area,
ingress and egress stairs may project up to five feet into the front
yard but may not be closer than three feet to the property line. The
sum total of the projections in any one yard must not exceed 25% of
the overall dimension of the wall from which they project, except
that if the building is located in the special flood hazard area,
the projection of the ingress and egress stairs into the front yard
may be not more than 50% of the overall dimension of the wall from
which it projects.
[Amended 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010; 10-23-2023 by L.L. No.
17-2023, effective 11-17-2023]
B.
Projecting features above the roof level. The height
limitations of this chapter shall not apply to church spires, belfries,
cupolas, silos and domes not used for human occupancy nor to chimneys,
ventilators, skylights, water tanks, bulkheads or similar features
and necessary mechanical appurtenances to a building which are carried
above the roof level, except as such may be specifically modified
by other provisions of this chapter. Radio and television antennas
and supporting structures no more than 15 feet in height above the
roof of the building to which they are attached shall be permitted;
other such antennas and supporting structures shall be permitted only
if approved by the Board of Appeals. Parapets or cornices used for
ornamentation and without windows may extend above the roof level
not more than three feet. All such features, however, shall be erected
only to such height as is necessary to accomplish the purpose they
are intended to serve.
C.
Fences,
walls or retaining walls shall be constructed with the finished side
facing outward from the property, and shall not exceed six feet in
height, except:
[Amended 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]
(1)
On
a corner parcel, placed beyond the front or side building lines, they
shall not exceed four feet in height.
(2)
An
additional six inches in height may be allowed, at the discretion
of the Building Inspector, to provide for necessary distance between
the grade and the bottom of the fence, for greater flexibility in
mounting.
[Amended 11-28-2016 by L.L. No. 23-2016, effective
12-7-2016]
In any residential district, if, on one side
of a street within a given block and within 150 feet of any lot, there
is a pronounced uniformity of alignment of the fronts of existing
buildings and of the depth of front yards greater or less than the
depths specified in the schedules of regulations, the front yard required
in connection with any new building shall conform as nearly as practicable
to those existing on the adjacent lots, except that no such building
shall be required to be set back from the street a distance greater
than 50 feet.
[Added 11-28-2016 by L.L.
No. 23-2016, effective 12-7-2016]
A.
The owner of a corner lot shall, subject to the provisions of Subsection B below, designate one of the following options for determining the setbacks applicable to the lot, which designation shall be made in writing and filed with the building department.
(1)
Designate each street line as a front lot line which will be
subject to the front yard setback requirements, with the other two
lot lines considered side lot lines meeting the required side yard
setbacks; or
(2)
Designate one street line as the front lot line, which will
be subject to the front yard setback requirements, in which case the
opposing lot line shall be deemed to be the rear lot line, and the
other lot lines shall be side lot lines, one of which will be a street
line. In this case, if other buildings on the block front on the street
where a side lot line will be located, the owner shall determine the
average setback of those other buildings within 150 feet of the lot,
and the applicable side yard setback for the side lot line on the
street shall be increased if necessary so that the difference between
such average and the side yard setback is no greater than 10 feet.
For example, if the average of the front yard setbacks of the other
buildings on the block average 22 feet, the side yard setback would
be increased to 12 feet even if the required side yard setback for
the applicable zoning district was only eight feet.
B.
The owner of a vacant lot shall have the right to choose either option
above. For a lot with an existing building where no designation was
previously made, if that existing building would be conforming to
the setbacks applicable under either option, the owner shall have
the right to choose either option. If an existing building is conforming
only with respect to the applicable setbacks for one option, that
option shall be deemed to have been chosen for the lot, and those
setbacks shall continue to apply.
C.
Once the owner of the lot has made a designation under this section,
the applicable setbacks under that option shall be deemed the setbacks
for the lot in the future and the designation cannot be changed.
[Amended 9-9-1985 by L.L. No. 19-1985,
effective 9-26-1985]
A.
Objective: The objective of this section is to preserve
the natural character of off-street parking areas and certain other
setback and yard areas of multifamily and nonresidential developments.
B.
Specific goals. The specific goals of this section
are:
(1)
To provide natural visual screening of parking areas
and along property boundaries to preserve the existing visual quality
of adjacent lands.
(2)
To reduce surface runoff and minimize soil erosion
through the natural filtering capability of landscaped areas.
(3)
To provide natural buffers that reduce glare and noise.
(4)
To moderate the microclimate of parking areas by providing
shade, absorbing reflected heat from paved surfaces and creating natural
wind breaks.
(5)
To enhance the overall visual quality of new development
by providing a variety of plant materials that are consistent and
compatible with the existing natural vegetation of the area.
(6)
To preserve the existing trees on the property and to require that,
wherever possible, trees that are removed are replaced.
[Added 10-12-2021 by L.L.
No. 5-2021, effective 10-18-2021]
C.
Standards.
(1)
Parking lots.
(a)
Off-street parking and loading areas shall be
curbed and landscaped with appropriate trees, shrubs and other plant
materials and ground cover, as approved by the Planning Board, based
upon consideration of the adequacy of the proposed landscaping, to
assure the establishment of a safe, convenient and attractive parking
facility needing a minimum amount of maintenance, including plant
care, snowplowing and the removal of leaves and other debris. These
standards shall apply to all proposed site development plans, except
for:
(b)
At least one tree not less than two and one-half
(2 1/2) inches caliper, measured three feet above ground level
at time of planting, shall be provided within such parking area for
each 10 parking spaces. In all off-street parking areas containing
25 or more parking spaces, at least 10% of the interior of the parking
area shall be curbed and landscaped with trees, shrubs and other material.
(c)
Raised planting islands at least eight feet
in width shall be provided to guide vehicle movement and to separate
opposing rows of parking spaces so as to provide adequate space for
plant growth, pedestrian circulation and vehicle overhang. Such raised
planting islands and the landscaping within them shall be designed
and arranged in such a way as to provide vertical definition to major
traffic circulation aisles, entrances and exits, to channel internal
traffic flow and prevent indiscriminate diagonal movement of vehicles
and to provide relief from the visual monotony and shadeless expense
of a large parking area. Curbs of such islands shall be designed so
as to facilitate surface drainage and prevent vehicles from overlapping
sidewalks and damaging landscaping materials.
(d)
No obstruction to driver vision shall be erected
or maintained on any lot within the triangle formed by the street
line of such lot, each edge of the access driveway to the parking
area and a line drawn between points along both the street line and
access drive projected 30 feet distant from their point of intersection.
(e)
All self-propelled maintenance equipment, including
accessories, shall be stored in enclosed structures only, which structures
shall conform to the architectural theme of the development.
(2)
Screening and buffer areas.
(a)
All portions of multifamily and nonresidential
properties which are not used for buildings, structures, off-street
parking and loading areas, sidewalks or similar purposes shall be
suitably landscaped and permanently maintained with planting of trees
and shrubbery, as approved by the Planning Board as part of the site
plan, so as to minimize erosion and stormwater runoff and harmoniously
blend such uses with the residential character of the Village as a
whole.
(b)
Buffer.
[1]
On all multifamily and nonresidentially developed
properties, a landscaped buffer area shall be required to screen and
protect neighboring residential properties from the view of uses and
parking areas on the site.
[a]
It shall be at least 10 feet in
depth along any lot line abutting or directly across the street from
a lot in a residential district.
[b]
It shall be of evergreen planting
of such type, height and spacing as, in the judgment of the Planning
Board, will effectively screen the activities on the lot from view
of persons standing on adjoining properties. The plan and specifications
for such planting shall be filed with the approved plan for the use
of the lot.
[2]
A wall or fence, of location, height and design
approved by the Planning Board, may be substituted for the required
planting.
(c)
Modifications. Where the existing topography
and/or landscaping provides adequate screening, the Planning Board
may modify the planting and/or buffer area requirements.
(d)
Maintenance and responsibility. All planting
shown on an approved site development plan or special permit plan,
including planting within the street right-of-way, shall be maintained
by the property owner in a vigorous growing condition throughout the
duration of the use, and plants not so maintained shall be replaced
with new plants at the beginning of the next immediately following
growing season.
(3)
All new plant materials shall be consistent and compatible
with the existing vegetation of the site and the surrounding area.
Plant materials judged to be inappropriate by the Planning Board will
not be approved.
D.
Submission requirements. Landscaping plans shall be
included with the preliminary site plan and final site plan submissions
and shall consist of the following:
(1)
Preliminary landscaping plan.
(a)
A general concept of the landscaping, both in
written and graphic form.
(b)
A list of existing vegetation, with the location,
type and size of existing trees.
(c)
Proposals to preserve and protect existing vegetation
during and after construction.
(d)
The location of existing natural features, such
as streams, wetlands and rock outcroppings.
(2)
Final landscaping plan.
A lot in a commercial, office or manufacturing
district which has access to a street or highway either side of which
is located in a commercial or manufacturing zone shall not also have
an entrance or egress on a street one or both sides of which are located
in a residential zone within a distance of 200 feet from such entrance
or egress.
All exterior lighting in manufacturing, commercial,
office and multiple residence districts and in connection with all
nonresidential uses in all other residence districts shall be of such
type and location and shall have such shielding as will direct the
light downward and will prevent the source of the light from being
visible from any adjacent residential property or street. "Source
of light" shall be deemed to include any transparent or translucent
lighting which is an integral part of the lighting fixture or fixtures.
The accompanying schedules of regulations[1] and Articles V, VI and VII list the permitted uses of land and buildings and the standards and requirements applying to such uses for the various districts of this chapter. Unless otherwise indicated, requirements shall be deemed to be the minimum in every instance of their application.
[1]
Editor's Note: The schedules of regulation
for residential and nonresidential districts are included at the end
of this chapter.
