[1]
Editor's Note: Former § 240-29, Office Building District: OB-2, was repealed 11-5-2003 by L.L. No. 22-2003.
[Amended 4-17-1963; 5-5-1976; 6-2-1976; 12-7-1988 by L.L. No. 8-1988; 4-4-1990 by L.L. No. 2-1990; 3-4-1998 by L.L. No. 4-1998; 2-6-2002 by L.L. No. 4-2002; 9-18-2013 by L.L. No. 5-2013; 9-20-2023 by L.L. No. 8-2023; 4-2-2025 by L.L. No. 2-2025]
A.
Principal uses.
(1)
Store for sale of goods at retail or performance of customary personal services or service clearly incidental to retail sales, but no fabrication or manufacturing except incidental to and on the same premises as such retail sales. The hours of operation for all retail uses shall be from 6:00 a.m. to 12:00 midnight.
(2)
(Reserved)
(3)
Indoor recreation or amusement establishments.
(4)
Business or professional offices.
(5)
Multifamily housing.
(6)
Municipal uses.
(7)
Public utility structures serving a local area.
(8)
Places of worship.
B.
Special permit uses, subject to conformance to additional standards as provided herein and in Article IX (§§ 240-60 to 240-65).
(1)
Educational facility.
(2)
Radio, television and other electronic transmission structures and towers.
(3)
Library.
(4)
Veterinary hospital, boarding and care of small pets.
(5)
Undertaking and funeral homes.
(6)
Newspaper printing and publishing.
(7)
Nursery use for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories and gardener's masonry and incidental supplies (fruits, vegetables and food not permitted). The land area shall be 60,000 square feet or more if used for nursery business purposes.
(9)
Wireless telecommunications facilities.
C.
Except for food-related retail uses that satisfy the criteria of § 240-30E, the hours of operation for all food-related retail uses listed below shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use.
(1)
Restaurants, as defined in this chapter.
(a)
The minimum setback from a fully enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be 25 feet.
(2)
Take-out food establishment, delicatessen or convenience store, as defined in this chapter, subject to the following conditions:
(a)
Such use shall not be located within 300 feet of the lot line of any other such use, or any legal and/or legal nonconforming food-related retail use, within or outside the boundaries of the Town.
(b)
Drive-through service shall be prohibited.
(c)
Access to all food-related retail uses shall be via a major arterial.
(d)
The minimum setback from a fully enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be 25 feet.
(f)
When a proposal for a new and/or expanded stand-alone fast-food restaurant, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or site plan approval, such application shall also require Board of Architectural Review approval, pursuant to Chapter 3 of the Town Code.
(g)
A nonconforming fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment shall require a use variance.
(5)
Ice cream/confectionary store.
(6)
Cafeteria.
(7)
Luncheonette.
D.
Accessory uses (when located on the same lot with the principal uses to which they are accessory).
E.
Any food-related retail use which regularly conducted such business prior to April 14, 1998, shall not be required to limit its hours of operation to the hours between 6:00 a.m. and 12:00 midnight but can continue to operate such business during the hours that it was conducting such business as of April 13, 1998; provided, however, if such food-related retail use ceases to be a food-related retail use for a period of one or more years, the hours of operation of any food-related retail use which may commence operation at that site thereafter shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use.
[Added 4-4-1990 by L.L. No. 2-1990; amended 3-4-1998 by L.L. No. 4-1998; 2-6-2002 by L.L. No. 4-2002; 9-18-2013 by L.L. No. 5-2013; 9-20-2023 by L.L. No. 8-2023; 4-2-2025 by L.L. No. 2-2025]
A.
Principal uses.
(1)
Indoor recreation or amusement establishments.
(2)
Business or professional offices.
(3)
The sale or hire of new or used motor vehicles, but no used car lot except as accessory to a new car dealer.
(4)
Undertaking and funeral homes.
(5)
Newspaper printing and publishing.
(6)
Nursery use for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories and gardeners' incidental supplies (fruits, vegetables and food not permitted).
(7)
Restaurants, as defined in this chapter.
(a)
Except for a restaurant which regularly conducted such business prior to April 14, 1998, the hours of operation for all restaurants shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use. Any restaurant which regularly conducted such business prior to April 14, 1998, shall not be required to limit its hours of operation to the hours between 6:00 a.m. and 12:00 midnight but can continue to operate such business during the hours that it was conducting such business as of April 13, 1998; provided, however, if such restaurant ceases to be a restaurant for a period of one or more years, the hours of operation of any restaurant that may commence operation at that site thereafter shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use.
(8)
Luncheonette.
(9)
Ice cream/confectionary store.
(10)
Wholesale or storage businesses in enclosed buildings.
(11)
Municipal uses.
(12)
Public utility structure serving a local area.
B.
Special uses.
(1)
Stores for the sale of goods at retail or performance of customary personal services or a service clearly incidental to retail sales, but no fabrication and/or manufacturing except incidental to and on the same premises with such retail sales.
(2)
Gasoline filling stations and garages, including facilities for servicing and repair.
(3)
Multifamily housing.
(4)
Radio, television or other electronic transmission structures.
(5)
Veterinary hospital, boarding and care of small pets.
(6)
Contractors' establishments.
(7)
Automatic car-washing facilities as an adjunct to existing gasoline filling stations and/or public garages.
(8)
Fast-food restaurant, take-out food establishment, delicatessen or convenience store, subject to the following conditions:
(a)
Such uses shall not be located within 300 feet of the lot line of each other within or outside the boundaries of the Town.
(b)
Drive-through service shall be prohibited.
(c)
Access to all food-related retail uses shall be via a major arterial.
(d)
The minimum setback from a fully enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be 25 feet.
(f)
When a proposal for a new and or expanded stand-alone take-out food establishment, delicatessen and/or convenience store requires either special permit and/or site plan approval, such application shall also require Board of Architectural Review approval pursuant to Chapter 3 of the Town Code. The Board of Architectural Review shall have the authority to modify or omit standardized facades, signs, materials, colors or other elements of the business's design and external appearance which violate the provisions of the Town's Sign Ordinance,[1] so as to achieve the Town's land use and design objectives.
(g)
An existing fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment shall require a special permit.
(10)
Wireless telecommunications facilities.
C.
Accessory uses (when located on the same lot with the principal uses to which they are accessory).
[Amended 2-15-1995 by L.L. No. 3-1995; 9-20-2023 by L.L. No. 8-2023; 4-2-2025 by L.L. No. 2-2025]
A.
Principal uses.
(1)
Nonresidential uses as permitted in the Business District.
(2)
Wholesale and storage business, provided that all storage is in buildings.
(3)
Building, plumbing, electrical and similar contractor's establishments.
(4)
Laundry and dry cleaning.
(5)
Industrial uses, including the manufacture, fabrication, processing, converting, altering, assembly or other handling of products, the operations of which are conducted solely within a building, use electrical power solely and normally are such that they will not cause or result in any:
(a)
Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration, radiation or interference with radio or television reception beyond the limits of the building in which the use is located.
(b)
Hazard of fire or explosion or other physical hazard.
(c)
Harmful discharge of waste materials.
(d)
Unusual traffic hazard or congestion due to the type of vehicles required in the use or due to the manner in which traffic enters or leaves the site of the use.
C.
Accessory uses (when located on the same lot with the principal uses to which they are accessory).
[Amended 5-8-1991 by L.L. No. 4-1991]
In any area determined by the Town Board to be appropriate for designation under Article XV of the General Municipal Law as an urban renewal area, one or more of the following uses shall be permitted in accord with the provisions of an adopted urban renewal plan.
A.
Any permitted or special permit use in the Business District - B, in accord with the construction requirements therefor set forth in § 240-45.
[Amended 3-4-1998 by L.L. No. 4-1998]
B.
Multifamily dwellings as permitted in the Tower Apartment District - R-TA, in accord with the construction requirements therefor set forth in § 240-43, except that building height shall not exceed four stories or 44 feet and there shall be at least 1,750 square feet of lot area for each dwelling unit on the site.
C.
Affordable multifamily dwellings, where all units comply with the definition of "affordable units" as adopted by resolution by the Town Board of the Town of Mamaroneck, to be permitted in accord with construction requirements to the extent they differ from those of the R-TA District, on sites designated on the Zoning Map.