A.
Permitted principal uses. The following are the only
principal uses permitted in O-1 Office Districts:
(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.
(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.
B.
Permitted accessory uses. The following accessory
uses are permitted in O-1 Office Districts only in conjunction with
a permitted principal use:
A.
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.)
(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.)
(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.
(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]
B.
Permitted accessory uses. The following accessory
uses are permitted in C-1 General Commercial Districts only in conjunction
with a permitted principal use:
(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]
[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]
A.
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.
B.
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.
C.
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.
D.
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.)
E.
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.
A.
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.)
(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.)
(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.)
(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]
B.
Permitted accessory uses. The following accessory
uses are permitted in C-2 Central Commercial Districts only in conjunction
with a permitted principal use:
(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]
A.
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)
[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.
[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]
B.
Permitted accessory uses. The following accessory
uses are permitted in M-1 Manufacturing Districts only in conjunction
with a permitted principal use:
(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]
C.
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.
[Added 5-29-1974, effective 6-12-1974]
A.
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.
B.
Permitted accessory uses. The following accessory
uses are permitted in nonresidential P Parking Districts only in conjunction
with a permitted principal use:
[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:
A.
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.
[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]
A.
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.
B.
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.
[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]
A.
Permitted principal uses. The following are the only
principal uses permitted in MC-1 General Marine - Commercial Districts:
B.
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.
[Added 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985]
A.
Permitted principal uses. The following are the only
principal uses permitted in MC-2 Central Marine - Commercial Districts:
B.
Permitted accessory uses. The following accessory
uses are permitted in MC-2 Central Marine - Commercial Districts only
in conjunction with a permitted principal use:
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.