Village of Mamaroneck, NY Nonresidential District Regulations

The following are the only uses permitted in business and industrial districts. See Article XI for uses subject to site plan approval. See Article IV for general regulations applying to all districts.

§ 342-29 Office Districts.

Permitted principal uses. The following are the only principal uses permitted in O-1 Office Districts:

(1)

Any uses permitted in the one-family residence district indicated on the Zoning Map as an alternate area to O-1, as permitted therein, subject to approval procedure of Articles X and XI, where required.

(2)

Executive, administrative, business, professional and general offices. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(3)

(This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.) Research and/or development laboratories, subject to the following provisions:

(a)

Such laboratories shall not include any manufacturing or fabrication of products, except for:

[1]

What are customarily known as "pilot experimental facilities" for the production, processing or assembling of a limited quantity of units of products solely for the purpose of testing product qualities or consumer acceptability.

[2]

The assembly of other related units involving only light, small or microscopic parts, where such assembly requires the direct supervision and the specific skills of the technical staff involved in research in the laboratory. The facilities involved in such work shall not use more than 5% of the total floor area of the research laboratory.

(b)

In no event shall any of the following be permitted:

[1]

Chemical pilot plants.

[2]

Motor testing laboratories.

[3]

Laboratories engaged in research or development of explosives.

(c)

Such laboratory shall contain no facilities or equipment which may not reasonably be required for the purposes of the approved research and development operations in the laboratory.

(d)

Except for maintenance operations and except for research requiring continuous attention and study, the use of shift workers shall be prohibited.

(e)

All research and development operations and accessory uses, except for off-street parking and loading, shall be carried on within fully enclosed buildings.

(4)

Hospitals and nursing homes licensed by the State of New York. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(5)

Transformer stations and customary accessory uses, subject to § 342-43. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

Permitted accessory uses. The following accessory uses are permitted in O-1 Office Districts only in conjunction with a permitted principal use:

(1)

Any accessory uses of the corresponding residence district, as permitted therein.

(2)

Any accessory uses customarily incident to the operation of other permitted uses.

(3)

Signs in accordance with all applicable Village regulations and ordinances.

(4)

Fences, walls or retaining walls pursuant to § 342-14.

[Added 6-18-1973, effective 6-27-1973; amended 5-31-1979 by L.L. No. 10-1979, effective 6-8-1979; 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]

§ 342-30 General Commercial Districts.

Permitted principal uses.

(1)

The following are the only principal uses permitted in the C-1 General Commercial Districts:

(a)

Business, professional and government offices and banks.

(b)

Retail stores and personal service stores, except those specifically mentioned hereinafter, provided that the area used for sales or personal service purposes does not exceed 3,000 square feet.

(c)

Retail stores and personal service stores, except those specifically mentioned hereinafter, in which the area used for sales or personal service purposes exceeds 3,000 square feet. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(d)

Outlets and pickup stations for laundries and cleaning establishments dealing directly with the public, subject to § 342-44. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(e)

Restaurants, subject to § 342-45. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(f)

Funeral establishments. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(g)

Motor vehicle filling/service stations or public garages, subject to § 342-46.1 of this chapter and all applicable federal, state, county and local laws, rules and regulations.

[Amended 3-8-1999 by L.L. No. 5-1999, effective 3-17-1999]

(h)

Motor vehicle sales and rental agencies, with sale of used motor vehicles limited to those traded in on new motor vehicles sold on the premises. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(i)

Printing plants using not more than a total of 20 horsepower and electric motive power only. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(j)

Clubs, subject to § 342-42, dancing studios and dancing schools. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(k)

Any municipal uses of the Village of Mamaroneck.

(l)

Places of worship and religious instruction. including parish houses.

(m)

Farms, truck gardens, greenhouses, plant nurseries and aboretums, provided that retail sale on the premises shall be limited to produce grown thereon and shall be permitted only on lots having an area of five acres or more, all subject to § 342-41.

(n)

(o)

Motels (hotels), as defined in § 342-3. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(p)

Residence uses in accordance with § 342-50. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

[Added 10-16-1985, effective 10-28-1985; amended 8-26-2019 by L.L. No. 3-2019, effective 8-28-2019]

(q)

Adaptive reuse of educational and religious buildings by special permit from the Planning Board as permitted by § 342-52.2.

[Added 5-23-2016 by L.L. No. 6-2016, effective 7-5-2016]

(r)

Microbreweries, microdistilleries, microcideries, microwineries, nanobreweries and brewpubs, subject to the approval procedure set forth in Article X and in conformance with any additional requirements imposed in connection with that approval, in conformity with § 342-47.1, and further provided that the premises are located along Hoyt Avenue and within 500 feet of the M-1 Manufacturing District.

[Added 10-10-2017 by L.L. No. 13-2017, effective 12-29-2017]

(2)

None of the above uses shall be interpreted as including motor vehicle storage or repair; wholesaling, warehousing or storage; manufacturing, assembling, converting, altering, finishing or any other industrial operation; check-cashing establishments (not including a full-service bank where check cashing is an accessory use); video arcades, betting parlors, billiard or pool parlors or tattoo parlors; unattended businesses (a business with no owner or employee on the premises); or establishments conducting business or the practice of trade as mediums, clairvoyants, soothsayers, fortune-tellers, palmists, reader-advisors or the like.

[Amended 9-28-1998 by L.L. No. 8-1998, effective 10-7-1998]

Permitted accessory uses. The following accessory uses are permitted in C-1 General Commercial Districts only in conjunction with a permitted principal use:

(1)

Off-street parking and loading and signs as permitted by the Village Sign Ordinance.[1]

[1]

Editor's Note: See Ch. 286, Signs.

(2)

Fences, walls or retaining walls pursuant to § 342-14

[Added 6-18-1973, effective 6-27-1973; amended 5-31-1979 by L.L. No. 10-1979, effective 6-8-1979; 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]

(3)

A tasting room accessory to a microbrewery, microdistillery, microcidery, microwinery or nanobrewery.

[Added 10-10-2017 by L.L. No. 13-2017, effective 12-29-2017]

All above C-1 District uses, whether principal or accessory, including storage, but excluding parking of permitted used cars, and outdoor restaurant services, as specifically permitted by § 342-45, shall be carried on in fully enclosed buildings.

§ 342-30.1 Transit-Oriented Development Overlay District.

[Added 11-24-2014 by L.L. No. 18-2014, effective 12-10-2014; amended 8-26-2019 by L.L. No. 3-2019, effective 8-28-2019]

Purpose and intent. The Transit-Oriented Development (TOD) Overlay District is based upon recommendations in the Transit-Oriented Development (TOD) Zoning Study of the Village of Mamaroneck dated February 2013. The TOD Zoning Study recommends the creation of a TOD Overlay District to capitalize on development and redevelopment potential resulting from proximity to the Mamaroneck train station and Central Business District, while creating tangible benefits for existing residents and property owners within and adjacent to the TOD Overlay District.

Mapping of TOD Overlay District. The area comprising the Transit-Oriented Development Overlay District is indicated on the Zoning Map of the Village of Mamaroneck.

Permitted principal and accessory uses. Any principal or accessory use allowed in the underlying C-1 General Commercial District shall be allowed in the TOD Overlay District, as may be modified by the provisions hereof.

Special permit uses. The Planning Board may grant special permits for residence uses in the TOD Overlay District in accordance with the requirements of § 342-50. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

Parking for any permitted principal or accessory use must meet the parking requirements of § 342-56, except that for multifamily housing, the requirement shall be one space per dwelling unit, plus 1/4 space per bedroom. For a building containing a mix of multifamily residential and nonresidential uses, the required parking for the residential use may be reduced to one space per dwelling unit, plus 1/4 space per bedroom in excess of one bedroom. Required parking for a mixed-use development must be shared among the uses on the site and not assigned to any one user, as acceptable to the Planning Board.

§ 342-31 Central Commercial Districts.

Permitted principal uses.

(1)

The following are the only principal uses permitted in C-2 Central Commercial Districts:

(a)

Uses permitted in the C-1 Districts, as permitted therein, but not microbreweries, microdistilleries, microcideries or microwineries.

[Amended 10-10-2017 by L.L. No. 13-2017, effective 12-29-2017]

[1]

Nanobreweries and brewpubs.

(b)

Theaters, places of public assembly or other places of amusement. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(c)

Clubs, without restrictions as to general use and commercial activities. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(d)

[Amended 8-26-2019 by L.L. No. 3-2019, effective 8-28-2019]

(e)

Light manufacturing, assembling, converting, altering, finishing, cleaning or other processing, subject to § 342-47, and provided that goods so produced or processed are to be sold at retail, exclusively on the premises. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(f)

Off-street parking lots or parking garages, limited to use by vehicles of not more than one-half-ton capacity. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(g)

Sewage disposal, pumping or treatment plants, including uses customarily accessory thereto, subject to § 342-48. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(h)

Animal hospitals. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(i)

Railroad and bus stations. (This use is subject to the approval procedure set forth in Article X and shall conform to any additional requirements made in connection with such approval.)

(j)

(k)

Public libraries.

[Added 6-11-2001 by L.L. No. 9-2001, effective 6-20-2001]

(2)

All above uses, except parking, loading, permitted used cars and permitted outdoor restaurant service, shall be conducted within fully enclosed buildings, as limited by § 342-45.

(3)

None of the above uses shall be interpreted as including check-cashing establishments (not including a full-service bank where check cashing is an accessory use); video arcades, betting parlors, billiard or pool parlors or tattoo parlors; unattended businesses (a business with no owner or employee on the premises); or establishments conducting business or the practice of trade as mediums, clairvoyants, soothsayers, fortune-tellers, palmists, reader-advisors or the like.

[Added 9-28-1998 by L.L. No. 8-1998, effective 10-7-1998]

Permitted accessory uses. The following accessory uses are permitted in C-2 Central Commercial Districts only in conjunction with a permitted principal use:

(1)

Off-street parking and loading and signs as permitted by the Chapter 286, Signs.

(2)

Fences, walls or retaining walls pursuant to § 342-14.

[Added 6-18-1973, effective 6-27-1973; amended 5-31-1979 by L.L. No. 10-1979, effective 6-8-1979; 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]

(3)

A tasting room accessory to a nanobrewery.

[Added 10-10-2017 by L.L. No. 13-2017, effective 12-29-2017]

§ 342-32 Manufacturing Districts.

Permitted principal uses.

(1)

The following are the only principal uses permitted in M-1 Manufacturing Districts:

[Amended 3-22-1976 by L.L. No. 2-1976, effective 4-9-1976; 10-12-1993 by L.L. No. 7-1993, effective 10-21-1993; 3-8-1999 by L.L. No. 5-1999, effective 3-17-1999]

(a)

Manufacturing, assembling, converting, altering, finishing, cleaning or other processing and incidental storage of products and materials, provided that only gas, oil or electricity is used as a fuel, except as permitted by the Building Inspector upon his finding that such other heating installation is expected to be free of nuisance characteristics and will have no adverse effect on neighboring uses.

(b)

Wholesaling, storage and warehousing, but not the storage or housing of livestock or other animals, junk, scrap, paper, rags or any similar materials, gasoline, fuel oil, fuel gas and kerosene, except incident to and in amounts not exceeding those customarily required for a motor vehicle filling station.

(c)

[1]Printing and publishing.

[1]

Editor's Note: Former Subsection A(1)(c), which listed motor vehicle filling/service stations or public garages, and motor vehicle repair/body shops as permitted principal uses, subject to special permit procedures, was repealed 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010. This local law also provided for the redesignation of former Subsection A(1)(d) through (i) as Subsection A(1)(c) through (h), respectively.

(d)

Off-street parking lots or garages.

(e)

Business, professional or governmental offices and banks.

(f)

Research laboratories.

(g)

Any municipal uses of the Village of Mamaroneck.

(h)

Transformer stations and customary accessory uses, subject to § 342-43.[2]

[2]

Editor's Note: Former Subsection A(1)(j), which listed indoor squash courts facilities as a permitted principal use, and which immediately followed this subsection, was repealed 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010. This local law also provided for the redesignation of former Subsection A(1)(k) as Subsection A(1)(i).

(i)

Retail uses, including restaurants, within 150 feet of the center line of Fenimore Road.

[Added 6-10-1991 by L.L. No. 6-1991, effective 6-20-1991][3]

[3]

Editor's Note: Former Subsection A(1)(l), which listed adult uses as a permitted principal use, and which immediately followed this subsection, was repealed 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010.

(2)

All above uses, including incidental and accessory uses, shall be carried on in enclosed buildings, except for off-street parking and loading and a motor vehicle service station.

(3)

None of the above uses, including incidental and accessory uses, shall include transfer stations or other facilities used or utilized for compacting, treating, disposing, salvaging, transferring or otherwise processing, in any form, rubbish, trash, garbage or waste material of any kind, said use being deemed a prohibited use.

[Added 6-15-1977 by L.L. No. 11-1977, effective 7-2-1977]

Permitted accessory uses. The following accessory uses are permitted in M-1 Manufacturing Districts only in conjunction with a permitted principal use:

(1)

Off-street parking and loading and signs as permitted by the Village Sign Ordinance.[4]

[4]

Editor's Note: See Ch. 286, Signs.

(2)

Fences, walls or retaining walls pursuant to § 342-14.

[Added 6-18-1973, effective 6-27-1973; amended 5-31-1979 by L.L. No. 10-1979, effective 6-8-1979; amended 3-8-1999 by L.L. No. 5-1999, effective 3-17-1999; 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]

(a)

Fences installed in conjunction with a special permit for a motor vehicle repair/body shop may be a maximum of seven feet in height.

(3)

Underground motor-fuel storage tanks, accessory to permitted principal uses listed in Subsection A(1), (2) and (3) only, in compliance with and subject to §§ 342-46.1 and 342-46.2 of this chapter and Chapter 182, Fire Prevention, of this Code.

[Added 10-22-1979 by L.L. No. 21-1979, effective 10-30-1979; amended 3-8-1999 by L.L. No. 5-1999, effective 3-17-1999]

(4)

Retail uses, including restaurants.

[Added 6-10-1991 by L.L. No. 6-1991, effective 6-20-1991]

Special permit uses. The following uses are permitted by special permit of the Planning Board in accordance with the standards and procedures of Article X:

[Added 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]

(1)

Home improvement design centers.

(2)

Indoor recreation facilities.

(3)

Art and film studios and dance and music instruction.

(4)

Adult uses.

(5)

Motor vehicle filling/service stations, public garages and motor vehicle repair/body shops, subject to the standards and procedures of Article VII and the respective requirements of §§ 342-46.1 and 342-46.2 of this chapter and all applicable federal, state, county and local laws, rules and regulations.[5]

[5]

Editor’s Note: Former Subsection D, Temporary educational use special permit, added 4-23-2012 by L.L. No. 5-2012, effective 4-30-2012, which immediately followed this subsection, was repealed 1-25-2016 by L.L. No. 1-2016, effective 3-2-2016.

§ 342-33 Parking Districts.

[Added 5-29-1974, effective 6-12-1974]

Permitted principal uses. The following are the only principal uses permitted in nonresidential P Parking Districts:

(1)

Off-street parking areas for private motor vehicles when operated as an accessory use to a permitted principal use or uses on an adjoining property in a nonresidential district, but not including the storage of new or used motor vehicles for sale or for hire or any servicing of motor vehicles.

Permitted accessory uses. The following accessory uses are permitted in nonresidential P Parking Districts only in conjunction with a permitted principal use:

(1)

Signs in accordance with all applicable Village regulations and ordinances.

(2)

Fences, walls or retaining walls, pursuant to § 342-14.

[Added 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]

§ 342-34 Public District.

[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]

Permitted principal uses. The following are the only principal uses permitted in PB Public Districts:

All Village property shall be put to such public uses as the Village Board may duly determine and prescribe. Dedicated parkland may only be put to public recreational uses.

§ 342-35 Marine Recreation District.

[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985; amended 11-26-2001 by 12-2001, effective 12-17-2001; 5-8-2006 by L.L. No. 6-2006, effective 5-19-2006; 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010; 9-22-2014 by L.L. No. 15-2014, effective 10-30-2014]

Permitted principal uses. The following are the only principal uses permitted in MR Marine Recreation Districts:

(1)

Recreational facilities of membership clubs, such as beach, golf, country, yacht, and similar clubs, whether or not they are wholly contained within buildings, including:

(a)

Tennis courts, paddle tennis courts, swimming pools, beaches, facilities for docking, mooring and launching boats, basketball courts and other similar outdoor recreation uses (in accordance with any applicable local, county, state or federal laws);

(b)

Boathouses, gymnasiums, cabanas, health and fitness facilities, racquetball courts, squash courts and other similar types of recreational facilities.

(2)

A principal clubhouse with activities and spaces customarily included within a membership club's principal clubhouse structure, such as meeting rooms, lounges, reception areas, game rooms, libraries, bathroom facilities and including incidental minor storage spaces, coat rooms, kitchen and pantry areas, but not including dining, entertainment and bar facilities, residential uses, administrative offices or maintenance and storage facilities.

Permitted accessory uses. The following accessory uses are permitted in MR Marine Recreation Districts only in conjunction with a principal permitted use:

(1)

Any accessory buildings or accessory use permitted in a residential district, except excluding professional offices, non-club offices, non-club business activities, studios and customary home occupations.

(2)

Dining, entertainment, and bar facilities, not to exceed 40% of the square footage of the principal clubhouse structure; however, kitchen facilities and outdoor, seasonal, unenclosed facilities shall not be included in calculating the percentage of dining, entertainment, or bar facilities, and this provision shall not apply to any clubhouse or principal structure which does not exceed 2,500 square feet.

(3)

Club administrative offices, locker rooms, maintenance facilities, storage buildings and laundry facilities necessary for club operations, boat storage, dock master and guard houses, cart storage, fuel and oil sales to members and guests only, facilities for pumping out of marine holding tanks, facilities for waste oil collection and other similar types of club support facilities.

(4)

Residences for full-time, including full-time seasonal, caretakers and staff during the time of their employment.

(5)

Seasonal residences for club members and their guests. The maximum number of seasonal residences permitted at any membership club is 12.

(6)

Day camps.

(7)

Fences, walls or retaining walls pursuant to § 342-14, except that fences of not less than 3/4 open construction shall be permitted up to 12 feet in height around tennis courts and other similar facilities.

(8)

Other accessory buildings and accessory uses customarily incidental to the principal club use of the premises.

(9)

Nonmember events:

(a)

Any club which intends to conduct events or activities that are not restricted to members only or that are not hosted or financially guaranteed by a member (to be known as "nonmember events") must first obtain a special permit from the Zoning Board of Appeals in accordance with the procedures set forth in Article X. Such special permit shall be for periods of no more than three years, at which time an application for renewal must be made, except that an application for a new special permit must be submitted upon a change or addition to the existing accessory uses. In order to obtain or renew a special permit, there must be a showing that, in addition to compliance with all applicable provisions of Article X and all other requirements of the Zoning Code, not more than 20% of the events or activities of any one of the foregoing accessory uses, in any calendar year, have been nonmember events. Upon application for renewal of any special permit, each club must demonstrate that, in addition to all other requirements, it has complied with any other conditions previously established by the Zoning Board of Appeals. A special permit to conduct nonmember events issued pursuant to this subsection shall apply to the entirety of the club property notwithstanding that a portion of such property extends beyond the MR Zoning District into an adjoining residential zoning district.

(b)

In addition to all other requirements, any club which holds a special permit shall annually file a copy of Internal Revenue Service Forms 990 and 990T with the Clerk-Treasurer of the Village.

Prohibited activities:

(1)

No nonmember event may commence prior to 8:00 a.m.

(2)

No event or activity commenced Sunday through Thursday may continue after 12:00 midnight, and no event commenced on a Friday, Saturday or the day before a legal holiday may continue after 2:00 a.m.

§ 342-36 General Marine - Commercial District.

[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985; amended 2-10-1997 by L.L. No. 1-1997; effective 2-20-1997]

Permitted principal uses. The following are the only principal uses permitted in MC-1 General Marine - Commercial Districts:

(1)

Facilities for hauling, launching, dry storage and dry sailing of boats.

(2)

Facilities for building, repairing and maintaining boats, marine engines and other marine equipment up to 150 tons.

(3)

Facilities for docking and mooring of boats as regulated by the Village.

Permitted accessory uses. The following accessory uses are permitted in MC-1 General Marine - Commercial Districts only in conjunction with a permitted principal use:

(1)

Facilities for the sale and/or rental of:

[Amended 4-14-1997 by L.L. No. 2-1997, effective 4-23-1997]

(a)

Boats, new and/or used.

(b)

Marine insurance and/or survey services.

(c)

Materials, supplies, parts, tools and other equipment used in connection with boats.

(d)

Bait, supplies, equipment, materials and parts used in connection with fishing.

(e)

Ice, food and soft drinks from vending machines for consumption on and off premises by boaters and their guests.

(f)

Sale and dispensing of fuel and lubricants for boats at retail and for use in boatyard equipment, but expressly excluding the storage of more than 15,000 gallons of fuel.

(2)

Facilities for pumping out marine holding tanks.

(3)

Facilities for waste oil collection.

(4)

Facilities for marine schools.

(5)

Restricted accessory uses. Restricted accessory uses include a clubhouse (which may include a restaurant), a pool and the sale of ice, food and beverages for consumption on and off premises by boaters and their guests, provided that these uses meet the following conditions:

(a)

Such accessory uses may only be conducted in connection with principal uses being conducted on lots of five acres or more.

(b)

Such uses are solely for the use of boaters and their guests.

(c)

Catering of any type is prohibited.

(d)

Any pool shall be closed by 8:00 p.m., although its associated sitting areas may be utilized until 10:00 p.m. No food or beverages shall be served after 10:00 p.m.

(e)

All outdoor lighting, except security lighting, shall be shut off at 10:00 p.m.

(f)

All restricted accessory uses, including their required parking areas, shall not constitute more than 20% of the total land area of the zoning lot. The building coverage of a clubhouse shall not constitute more than 5% of the gross land area of the zoning lot. A restaurant, if provided, shall not exceed a total gross square footage, including the required kitchen area, of 2,500 square feet.

(g)

Any restricted accessory use must be set back a minimum of 50 feet from the property line of any adjoining residential property or of a public street, or, in the case of an adjoining residential property improved with a cluster development, a minimum of 150 feet.

(h)

No restricted accessory structure shall exceed a height of 2 1/2 stories or 35 feet.

(i)

The design of any restricted accessory buildings must be compatible with a residential neighborhood in architectural style and material if the Planning Board determines that there is a visual effect on neighboring residential properties.

(6)

Fences, walls or retaining walls, pursuant to § 342-14.

[Added 5-10-2010 by L.L. No. 12-2010, effective 5-26-2010]

§ 342-37 Central Marine - Commercial District.

[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]

Permitted principal uses. The following are the only principal uses permitted in MC-2 Central Marine - Commercial Districts:

(1)

Facilities for hauling, launching, dry storage and dry sailing of boats.

(2)

Facilities for building, repairing and maintaining boats, marine engines and other marine equipment up to 150 tons.

(3)

Any principal uses, other than a residence use, permitted in a C-1 General Commercial District, but subject to the restrictions § 342-47.

[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987; 8-26-2019 by L.L. No. 3-2019, effective 8-28-2019]

Permitted accessory uses. The following accessory uses are permitted in MC-2 Central Marine - Commercial Districts only in conjunction with a permitted principal use:

(1)

Any accessory uses permitted in an MC-1 District.

(2)

Any accessory uses permitted in a General Commercial District, but subject to restrictions in § 342-47.

[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]

§ 342-38 Schedule of Minimum Requirements for Nonresidential Districts.

The minimum requirements listed in the Schedule of Minimum Requirements for all Nonresidential Districts[1] may need to be increased and the maximum limitations decreased in order to attain the full intensity of use permitted on a particular lot or in order to satisfy the requirement established in connection with an approval under Article X.

[1]

Editor's Note: The Schedule of Minimum Requirements for Nonresidential Districts is included at the end of this chapter.