Mamaroneck Village City Zoning Code
ARTICLE IV
General Regulations
§ 342-9 Compliance required; interpretation and scope.
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]
§ 342-10 Applicability.
The following regulations shall apply in all zoning districts.
§ 342-11 Lot requirements; subdivision and nonconforming lots.
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]
§ 342-12 Trailer and boat storage.
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]
§ 342-13 Private garages and commercial vehicles.
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]
§ 342-14 Building projections.
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.
§ 342-15 Uniformity of alignment with existing buildings.
[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.
§ 342-15.1 Corner lots.
[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.
§ 342-16 Landscaping guidelines.
[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.
§ 342-17 Commercial, office and manufacturing access.
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.
§ 342-18 Exterior lighting.
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.
§ 342-19 Interpretation of district regulations.
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.