Mamaroneck Village City Zoning Code
ARTICLE VII
Standards for Uses Subject to Special Permit Procedure
§ 342-39 Construal of standards.
The following standards are to be considered minimum and may be increased, where required by the Board of Appeals, as a condition of approval under Article X.
§ 342-40 Places of worship and religious instruction in residential districts.
Places of worship and religious instruction and parish houses shall be on lots of adequate size, with sufficient parking and screening as determined by the Board of Appeals.
§ 342-41 Agricultural uses.
Permitted farms, truck gardens, greenhouses, nurseries and arboretums shall meet the following additional requirements: Buildings other than dwellings and buildings accessory thereto, any heating plant and any fertilizer storage shall be set back at least 75 feet from any lot line, except that buildings for the housing of livestock shall be set back at least 200 feet from any lot line.
§ 342-42 Clubs and recreational uses.
A.
Be on lots of adequate size with sufficient parking and screening as determined by the Board of Appeals.
B.
Have no outdoor entertainment, live or mechanical, except under permission granted by the Village Manager for particular occasions.
§ 342-42.1 Massage establishments.
[Added 3-27-2006 by L.L. No. 3-2006, effective 4-10-2006]
A.
Requirements for massage establishments. A permitted massage establishment located within the Village shall adhere to all the requirements set forth under Article XVI of this Code as well as the following requirements:
(2)
Each applicant must furnish a copy of a New York State license as a massage therapist and must possess a copy of a current New York State registration certificate for itself and each of its employees.
(3)
No permit shall be issued to an applicant for the operation of a massage establishment until an applicant has provided a register of contact phone numbers, home addresses and social security numbers of the owner and all employees to the Village Police Department. It is the responsibility of the owner of a massage establishment to keep these records current and notify the Village Police Department of any changes and updates to these records. A copy of the register shall be maintained by the Village Clerk and shall be made available at the massage establishment to representatives of the Village during regular business hours.
(4)
All massage establishments shall have visible signage, indicating the existence of a commercial business, and said signage shall be in strict adherence to Chapter 286 of this Code.
(5)
All massage establishments shall display in a prominent place, visible to all clients, the special use permit issued under this chapter, the New York State licenses to act as a massage therapist and current New York State registration certificates, for itself, owners and all its employees.
(6)
All advertising by massage establishments shall include, in the very least, a valid phone number as well as a bona fide street address.
(7)
All massage establishments shall permit representatives of the Village Police Department, Fire Department, Code Enforcement Officer or other Village departments or agencies to inspect its premises for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
(8)
Each applicant who wishes to establish a massage establishment shall submit two sets of fingerprints to the Village Police Department. Said fingerprints shall be taken by the Village Police Department, and the applicant shall pay a fee as set forth by the Police Department. If the applicant is a company or corporation, then two full sets of fingerprints of the principal officer of said company or corporation shall be provided in accordance with this subsection. The Police Department shall forward the applicant's fingerprints to the New York State Division of Criminal Justice Services (DCJS) and shall be responsible for reviewing the criminal history record information disseminated by the DCJS. A certified check or money order, in the amount specified by and made payable to the DCJS to cover the cost of processing fingerprints, shall also be provided by the applicant.
(9)
Each applicant who wishes to establish a massage establishment shall also submit a complete statement of all convictions of the applicant and all its employees for any felony or misdemeanor or violation, except summary traffic violations.
(10)
The holder of a massage establishment special use permit shall notify the Code Enforcement Officer of each change in any of the data required to be furnished by this chapter within 10 days after such change occurs.
(11)
The maximum hours of operation of massage establishments shall be from 8:00 a.m. to 10:00 p.m.
(12)
Any person who knowingly owns, manages or maintains a massage establishment in any way which is contrary to the provisions and regulations of this chapter and Code shall be subject to prosecution under this Code or by civil injunction by the Village Attorney or his designee in any court of competent jurisdiction.
(13)
The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
(14)
Each violation of the provisions of this chapter shall subject the owner and/or operator to a fine in the amount of $500 for each such violation in addition to any other penalties otherwise imposed hereunder.
B.
Issuance of special use permit for massage establishment. The Board of Appeals shall issue a special use permit for a massage establishment if all the requirements for a massage establishment special use permit under this section are met, unless they find that:
(1)
The correct special use permit fee has not been tendered to the Village.
(2)
The operation, as proposed by the applicant, if permitted, would not comply with all applicable federal, state and local laws, ordinances or regulations.
(3)
The applicant fails to provide the required New York State licenses and current New York State registration certificates for itself and its employees.
(4)
(5)
The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the special use permit application or in any document required by the Village in conjunction therewith.
(6)
The applicant has had a massage business, or other special use permit, denied, revoked, or suspended by the Village or any other state or local agency within five years prior to the date of the application.
(7)
The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the massage establishment is not over the age of 18 years.
C.
Revocation or suspension of special use permit for massage establishment. A massage establishment's special use permit may be revoked or suspended by the Code Enforcement Officer where it appears that the owner, applicant or an employee has been convicted of any offense which would be cause for denial for a special use permit upon an original application, has made a false statement on an application for a special use permit, or has committed an act in violation of this article.
§ 342-43 Transformer stations.
A permitted transformer station located in a residence district shall meet the following requirements:
A.
The lot shall have an area of not less than 10,000 square feet and a frontage of not less than 75 feet.
B.
The installation shall be so designed, enclosed, painted or colored and screened with evergreens that it shall be harmonious with the area in which it is located.
C.
The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the neighborhood in which it is situated and in full accord with the standards and requirements of § 342-16.
D.
The installation shall be surrounded by protective fencing and gates, which shall be closed and locked except when necessary to obtain access thereto.
§ 342-44 Cleaning and laundry pickup stations.
Except in manufacturing districts, permitted cleaning and laundry pickup stations shall not conduct any washing of wearing apparel or household effects on the premises, and any other cleaning of such apparel or effects on the premises shall be permitted only if noncombustible solvent is used, except for incidental removal of spots. Motive power shall be electric and of not more than five horsepower. Self-service automatic laundry and dry-cleaning establishments shall contain no more than 30 machines in any one establishment.
§ 342-45 Food service establishments.
[Amended 12-20-1973, effective 12-27-1973; 1-22-1996 by L.L. No. 1-1996, effective 1-31-1996; 6-9-2025 by L.L. No. 10-2025, eff. 6-13-2025]
A.
No food service establishment as defined in §§ 281-3 and 342-3 shall provide outdoor counter, drive-in or curb service, but it may provide service at tables on a porch or terrace where this is incident and clearly subordinate to the operation conducted within the main building. In a C-1 District, no more than 20% of all indoor seats in a food service establishment shall be counter seats. In a C-2 District, no fast-food restaurant, carry-out restaurant or delicatessen shall be permitted on Mamaroneck Avenue closer than 200 linear feet to another existing fast-food restaurant, carry-out restaurant or delicatessen on the same side of the avenue. Such distance shall be measured from the closest lot line of the respective food service establishments.
B.
A special permit for a food service establishment shall be valid for three years. A special permit holder shall be required to renew said permit prior to its expiration. If the operation of the food service establishment is not subject to any adjudicated violations issued by the Village for a period of one year prior to the expiration of the special permit, then the Building Inspector shall have the administrative authority, upon request by the special permit holder, to renew the special permit and no further renewals will be required. Should there be an adjudicated violation issued by the Village, renewal of the special permit shall, upon application, be considered by the Zoning Board. Should the Building Inspector deny an application for renewal, the special permit holder shall be entitled to appeal that determination to the Zoning Board and/or apply for the special permit renewal to the Zoning Board in accordance with this section.
§ 342-46 (Reserved) [1]
[1]
Editor's Note: Former § 342-46, Public garages and motor vehicle filling stations, as amended, was repealed 3-8-1999 by L.L. No. 5-1999, effective 3-17-1999.
§ 342-46.1 Motor vehicle filling/service stations.
[Added 3-8-1999 by L.L. No. 5-1999, effective 3-17-1999]
A.
No driveway to or from any motor vehicle filling/service station and no underground motor fuel storage tank, outdoor gasoline pump or automotive appliance shall be located within 200 feet, measured along the street line of the side of any street on which such motor vehicle filling/service station has its main frontage and which such driveway would cross, of the boundary line of any residential district or of any school, church, park, playground, hospital, public library, institution for children or the aged or infirm, or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district in which either premises is located.
B.
No motor vehicle filling/service station building and no gasoline or oil pump, service appliance or underground motor fuel storage tank shall be located within 20 feet of any street line.
C.
Storage/parking of vehicles.
(1)
No automobile or other vehicles shall be stored or kept at any motor vehicle filling/service station for any purpose except for repairs and for car rental agencies limited to three passenger vehicles, subject to approval by the Board of Appeals.
(2)
One motor vehicle each for an owner or employee shall be permitted to be parked on the premises during their actual hours of employment.
(3)
Notwithstanding the above, no motor vehicle shall be stored or parked on the sidewalk, in the area between the street and the sidewalk or, where no sidewalk exists, within 10 feet from the curbline or the edge of the street, if there is no curbline.
D.
No major repair or refinishing work shall be carried on at a motor vehicle filling/service station; gasoline or oil sales, changing of tires and other similar automobile maintenance or servicing shall not be considered to be major repair work. Major repair work shall include and mean any mechanical replacement or repairs involving an engine or its components, transmission and/or exhaust, electrical, steering or braking systems. Major refinishing work shall include and mean sanding, painting, body or fender work or any similar work done to the body of any vehicles. All automobile parts and all wrecked or damaged vehicles, and any parts thereof, shall be stored in a building and not outdoors.
E.
No motor vehicle filling/service station and, unless located within a building and accessory to a use otherwise permitted, no gasoline or oil pump or automotive service appliance shall be permitted to be established on a lot that is within 1,000 feet of another lot on which there is an existing motor vehicle filling/service station or outdoor gasoline or oil pump or automotive service appliance or of another lot for which a building permit has been issued for the erection of such a station, pump or service appliance.
F.
No outdoor vending machines shall be maintained at any motor vehicle filling/service station, except by permission of the Board of Appeals.
G.
Aboveground motor fuel storage tanks are prohibited, unless they are used for storage of diesel fuel and provided that such tanks are of a type and construction approved by the Fire Inspector, and such tanks must be surrounded by a wall of reinforced concrete, brick or stone. The enclosure thus provided must be capable of holding the entire contents of all fuel stored therein, and the thickness and height of such wall shall be determined by the Fire Inspector upon the advice of the Building Department. Any such tanks shall also be fully enclosed with secondary means of containment to prevent any spills or leakage into the environment. Any such tanks shall be installed, operated and maintained in strict compliance with all applicable federal, state, county and local laws, rules and regulations.
H.
The maximum number of gallons permitted in underground motor fuel storage tanks at any one motor vehicle filling/service station, or at any other permitted use listed in § 342-32A(1)(a), (b) and (c) of this chapter for an M-1 District, shall not exceed 32,000 gallons, and the maximum tank size shall not exceed 10,000 gallons, and the minimum tank size shall not be less than 1,000 gallons. An underground motor fuel storage tank shall be made of noncorrosive material and shall have installed, in conjunction therewith, a leak-monitoring system and a dry-chemical extinguishing system with sufficient heads and piping to effectively cover pump assembly and vehicle receiving fuel, all of which shall be approved by the Fire Inspector. This requirement shall relate to any modification to the underground tank storage, pumps or pumping islands, regardless of the date of the original construction of the station.
I.
No motor vehicle filling/service station may remain open for more than 16 hours during any twenty-four-hour period without obtaining a special permit pursuant to Article X of this chapter. However, this provision shall not affect the hours of operation of any motor vehicle filling/service station as it existed as of November 15, 1985.
K.
Consumer convenience center. A motor vehicle filling/service station may merchandise goods and/or wares, subject to the requirements listed below. The intent of these requirements is to ensure that accessory retail development on a lot occupied by a motor vehicle filling/service station as a primary use conforms to the Village Master Plan. Development along the Mamaroneck Avenue corridor between the Central Business District and 1-95 shall be controlled such that negative aspects of strip commercial development are avoided. Further, it is the intent of the Village that accessory retail development not hamper the continued operation of existing primary retail establishments.
[Amended 6-14-2004 by L.L. No. 7-2004, effective 6-30-2004]
(1)
Definition. Such operation shall be defined as a consumer convenience center. Such use shall be accessory to a motor vehicle filling/service station, and shall be located on the same lot as the primary use. It shall provide for retail sales of convenience merchandise, prepared foods, and pre-packaged foods for personal or household consumption. Such accessory use shall require a special permit and site plan approval to be issued by the Planning Board. The special permit must be renewed at least six months prior to the three-year anniversary date of the initial permit date or the effective date of this subsection for all presumptive special permits.
(2)
Location.
(a)
Zoning district. Such consumer convenience center shall only be allowed within a C-1 General Commercial District.
(b)
Frontage. The lot shall have a minimum street frontage of 100 feet on a state or county road.
(c)
Access within the primary lot required. Pedestrian and vehicular access shall be from county or state road and as provided for in Subsection K(2)(d) below.
[Amended 10-24-2005 by L.L. No. 9-2005, effective 11-4-2005]
(d)
Access to adjacent lot(s) prohibited. The accessory retail operation shall have a buffer of no less than five feet in depth along a common lot line with another commercially zoned property. The buffer shall be densely landscaped with shrubs and trees, and shall not in any way provide pedestrian or vehicular access to adjacent lot(s). However, if the Planning Board determines that traffic safety would be improved along a county or state road, vehicular and pedestrian access may be provided to the adjacent commercial lot(s) or an easement may be provided to allow future vehicular and pedestrian access. Such easement shall be subject to the review and approval by the Village Attorney.
[Amended 10-24-2005 by L.L. No. 9-2005, effective 11-4-2005]
(e)
Ownership and subdivision. A motor vehicle filling/service station may be allowed a consumer convenience center as an accessory use if such accessory use is located on the same, unsubdivided lot as the primary use. The lot shall not be subdivided in order to construct and/or operate a retail store on the new lot, unless such new lot (1) has ownership not in common with the motor vehicle filling/service station ownership; and (2) has an approved site plan that included (but is not limited to) a five-foot landscaped buffer along the common lot line with the lot containing the motor vehicle filling/service station. Such buffer shall be densely landscaped with shrubs and trees, and shall not in any way provide pedestrian or vehicular access to adjacent lot(s).
(3)
Area and bulk.
(a)
Minimum lot size. The primary use shall have a minimum lot size of 30,000 square feet.
(b)
Maximum floor area.
[1]
he consumer convenience center shall have a gross floor area of no more than 750 square feet, except that such accessory use may be allowed greater floor area, at the discretion of the Planning Board, according to the following table:
Lot Size (square feet) | Maximum Permitted Gross Floor Area for Customer Convenience Center (square feet) | |
|---|---|---|
30,000 | 750 | |
60,000 | 1,500 | |
90,000 | 2,250 |
[2]
For a lot size that falls in between the above listed increments, the Planning Board shall have the discretion to allow a proposed accessory customer convenience center to have greater gross floor area in proportion to the greater lot size.
[3]
Under no circumstances shall such accessory use be allowed a gross floor area greater than 2,250 square feet.
(c)
Maximum height. The consumer convenience center shall be no more than one story high.
(4)
Neighborhood impact.
(a)
Hours of operation. The consumer convenience center shall be accessory to the primary use and, as such, shall be open for business during the same hours as the pumping operation of the motor vehicle filling/service station. These hours may be reduced at the discretion of the Planning Board. Under no circumstance shall the consumer convenience center be open more than 16 hours in any twenty-four-hour period.
(b)
Parking. Parking spaces shall be provided proximate to the consumer convenience center, at the rate of one space per 150 square feet of consumer convenience center floor area. Where parking is located near a residential district boundary, the applicant shall provide landscaping and/or fencing or screening in the mandatory setback.
(c)
Lighting. The applicant shall demonstrate to the Planning Board's satisfaction that the proposed lighting plan will adequately light the consumer convenience center exterior and related parking area and will not shed light onto abutting residentially zoned land.
(5)
Presumptive special permit. In order to avoid unnecessarily creating nonconformities due to these requirements, the Village of Mamaroneck will deem a motor vehicle filling/service station to have an automatic special permit for an accessory consumer convenience center, if such use could have applied for the special permit detailed here and met the special permit requirements at the time these requirements were adopted by the Board of Trustees. All "presumptive special permits" will be subject to the renewal procedures as set forth in § 342-46.lK(l) herein.
§ 342-46.2 Motor vehicle repair/body shops.
[Added 3-8-1999 by L.L. No. 5-1999, effective 3-17-1999]
Within the M-1 District, the Board of Appeals may grant a special permit for the construction and operation of a motor vehicle repair/body shop subject to the following standards, the standards listed in § 342-46.1 of this chapter and the requirements as set forth in Article X of this chapter.
A.
Location. New motor vehicle repair/body shops shall not be permitted within 200 feet of an existing motor vehicle repair/body shop, measured from the closest point on the premises maintaining such use to the point of the premises wherein the proposed use would be established, as opposed to measuring from lot line to lot line or building to building. In addition, no such shop shall be located within 200 feet, measured from the nearest lot line of the facility along the street line on both sides of the street to the boundary of any residential district or the nearest lot line, of any school, church, park, playground, hospital, public library, institution for children or the aged or infirm, or any place of public assembly designed for the simultaneous use of 100 persons or more.
B.
Parking/storage of vehicles.
(1)
All required parking must be provided on site.
(2)
No motor vehicle shall be stored or kept on site for any purpose except for repairs, except that one motor vehicle each for an owner or employee shall be permitted to be parked on the premises during their actual hours of employment.
(3)
Notwithstanding the above, no motor vehicle shall be stored or parked on the sidewalk, in the area between the street and the sidewalk or, where no sidewalk exists, within 10 feet from the curbline or the edge of the street, if there is no curbline.
C.
Fencing and landscaping. All outdoor storage areas shall be fenced and/or landscaped. Fencing shall be a minimum of five feet and a maximum of seven feet in height. Chain-link fences shall be screened with privacy slats or other screening materials used for fencing. Notwithstanding the aforementioned, in the case of corner parcels, no fencing and/or landscaping shall be installed in a manner which shall obstruct or interfere with the view of operators of motor vehicles.
D.
Repair work. Unless otherwise permitted by the Board of Appeals, all painting, body, fender or similar work shall be performed indoors and in compliance with all applicable federal, state, county and local laws, rules and regulations.
E.
Outdoor storage. The property owner shall demonstrate that a suitable program is in place to periodically remove all waste materials, parts, refuse and recyclables. No outside storage of damaged or partially disassembled vehicles, unregistered and/or unlicensed vehicles, parts, supplies or materials shall be permitted. All on-site storage areas, including trash areas, shall be placed on a concrete pad and enclosed in a suitable building or behind a solid-fenced area, as approved by the Board of Appeals.
F.
Permit compliance on hazardous materials. Service operations and the storage and disposal of all materials must meet applicable rules and regulations of the New York State Department of Environmental Conservation (DEC). The environmental assessment form (EAF) for any special permit approval shall detail how compliance with applicable DEC regulations shall be achieved.
G.
Renewal of special permit. The special permit must be renewed by the Board of Appeals upon any change in ownership or, if there is no change in ownership, every five years. When required permits are renewed from the County Department of Health, the New York State Department of Environmental Conservation and/or the United States Environmental Protection Agency, the Fire Inspector shall be provided with copies of the renewal certificates. The maintenance of such permits shall be a condition for the renewal of the special permit, and copies of same shall be provided to the Building Department prior to any such renewal being processed.
§ 342-47 Manufacturing in commercial districts.
Permitted manufacturing activities shall be carried on in an area fully concealed from any street or neighboring residential zone, and such areas shall not exceed 20% of the area devoted to retail sales. Motive power shall be electric and, except in connection with newspaper printing, shall not exceed 10 horsepower. No more than five persons may be engaged at any one time in such manufacturing or processing.
§ 342-47.1 Micro-alcohol production and sale in commercial districts.
[Added 10-10-2017 by L.L. No. 13-2017, effective 12-29-2017]
Microbreweries, microdistilleries, microcideries, microwineries, nanobreweries and brewpubs shall be subject to the approval procedure set forth in Article X and in conformance with any additional requirements imposed in connection with that approval, and further provided that:
A.
Not more than 70% of the total gross floor area of the microbrewery, microcidery, microdistillery, microwinery or nanobrewery shall be used for the brewing, distilling, cidery or winemaking function, except for a brewpub where not more than 30% of the total gross floor area may be used for the brewing, bottling or kegging function.
B.
The microbrewery, microcidery, microdistillery, microwinery, nanobrewery or brewpub shall obtain the appropriate manufacturing, wholesale, retail, marketing and/or other permits or licenses from the New York State Liquor Authority prior to the issuance of a certificate of occupancy.
C.
No outdoor storage shall be permitted for such uses.
D.
The manufacturing, bottling or kegging process shall be carried on in an area fully concealed from any street or neighboring residential zone and shall not produce noxious odors, dust, vibration, noise, effluent or other external impacts that cause a disturbance off-site.
§ 342-48 Sewage disposal.
Sewage disposal plants shall:
A.
Be located on a lot of at least five acres.
B.
Be set back at least 50 feet from all lot lines.
C.
Not cover, with buildings, an area greater than 20% of the lot area.
D.
Not discharge or permit to escape into the atmosphere odors which are offensive to the public or which endanger public health or safety. Intensity of offensive odors shall be determined at the property line adjacent to the source in the manner described in Air Pollution Abatement Manual, Chapter 5, Table 111, Manufacturing Chemists Association, Washington, D. C., 1951, or as amended.
§ 342-49 Swimming pools.
No swimming pool shall be constructed or maintained except in compliance with the provisions of Chapter 300, Swimming Pools, as it may be amended.
§ 342-50 Residence uses in commercial districts and Transit-Oriented Development Overlay District.
[Amended 11-14-1983 by L.L. No. 11-1983, effective 12-5-1983; 10-16-1985 by L.L. No. 25-1985, effective 10-28-1985; 10-27-1986 by L.L. No. 13-1986, effective 11-18-1986; 9-14-1988 by L.L. No. 13-1988, effective 9-22-1988; 2-14-1994 by L.L. No. 1-1994, effective 3-3-1994; 3-8-2004 by L.L. No. 3-2004, effective 3-24-2004; 5-1-2008 by L.L. No. 5-2008, effective 5-15-2008; 11-24-2014 by L.L. No. 18-2014, effective 12-10-2014; 11-23-2015 by L.L. No. 7-2015, effective 1-11-2016; 8-26-2019 by L.L. No. 3-2019, effective 8-28-2019]
A.
Special permit for residence uses. The Planning Board may grant special permits for residence uses in the following areas in accordance with the requirements of this section and the approval procedure set forth in Article X:
(1)
As a principal use in that portion of the C-1 Districts not located on Boston Post Road or on the southwestern side of Old White Plains Road northwest of Center Avenue or on Mamaroneck Avenue north of Nostrand Avenue;
(2)
As a use accessory to a permitted principal use on the Boston Post Road in the C-1 Districts;
(3)
As a principal use in the Transit-Oriented Development Overlay District; and
(4)
As a principal use in the C-2 Districts.
B.
Requirements for residence uses where permitted in the commercial districts and the Transit-Oriented Development Overlay District. Each permitted residence use in the commercial districts and the Transit-Oriented Development Overlay District must satisfy the following requirements.
(1)
Separate entrance. The entrance to the residentially used portion of the building must be through either a common lobby or plaza or an area that is separated from the area used for nonresidential purposes.
(2)
Reserved parking. Except in the Transit-Oriented Development Overlay District, parking for the residences of any mixed-use structure, where required or provided, must be in a separate parking area for the use of residents only or in a reserved section of a common parking area. The reserved section must be adequately marked, landscaped and otherwise demarcated from commercial parking. To allow for visitor parking, the Planning Board may require up to 15% more off-street parking for the use of residents than would otherwise be required by Article VIII.
(3)
Compatibility of use. The Planning Board may allow residence uses above or in conjunction with commercial uses only if the Planning Board determines that the proposed commercial uses will be compatible with residences. In making that determination, the Planning Board must consider noise, odors, hours of operation and traffic anticipated to result from the proposed nonresidential uses. Motor vehicle service stations, public garages, printing plants, cabarets, transformer stations and motels are presumed to be incompatible with residence uses, but the Planning Board may determine, on the basis of proof submitted by the applicant, that those uses are compatible with residences.
(4)
Green building elements and infrastructure. All developments for which a special permit is required by this § 342-50 must incorporate green building elements and green infrastructure achieving a sum of 100 points based on the metrics set forth in this subsection.
[Amended 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
Green Building Element/Infrastructure Practice | Points |
|---|---|
Any combination of stormwater practices that attenuate peak flows to a 500-year storm as defined in § 294-6 | 75 |
Permeable pavers, porous concrete, rain gardens not included in the stormwater calculations for Chapter 294 compliance or the 500-year storm calculation for the purpose of achieving green building elements/infrastructure points | 15 |
Solar panels (minimum 10 panels) | 15 |
Exceeding state energy code | 15 |
Biophilic design elements as defined in § 342-3 | 15 |
Building heated by 100% electric systems | 15 |
Bicycle parking (1 space per 10 units, and 1 outlet per 2 spaces for e-bike charging) | 10 |
Electric vehicle charging station (minimum 1 charger per 10 units) | 10 |
Rainwater detention and reuse system or blue roof | 10 |
(5)
The development may not contain a building, structure or parking area within 50 feet from the mean high-water line of Long Island Sound or any body of water which flows into Long Island Sound, and the Planning Board may not grant a permit for such a building structure or parking area under § 240-30 of this Code for development under this section, unless the building, structure or parking area is water-dependent, as that term is defined in § 240-30.
(6)
In order to provide a choice of housing opportunities for a variety of income groups within the Village, in accordance with the purposes of this article and the policies established by the Village Comprehensive Plan, residence uses in the commercial districts must provide fair and affordable housing units in accordance with Article XV and the following schedule:
Zoning District | Maximum FAR or Coverage - 5 or more Units | Percentage Required |
|---|---|---|
C-1 | 0.8 | 5 to 10 units: 1 FAHU 11 to 20 units: 2 FAHU 21 or more units: 10% of units rounded up to the nearest whole number |
C-2 | 2.0 | 5 to 10 units: 1 FAHU 11 to 20 units: 2 FAHU 21 or more units: 10% of units rounded up to the nearest whole number |
TOD | 0.8 (up to 1.1 if other TOD incentives are utilized) | 5 to 10 units: 1 FAHU 11 to 20 units: 2 FAHU 21 or more units: 10% of units rounded up to the nearest whole number |
C.
Additional requirements for residence uses in the C-1 Districts. Residence uses, where permitted as principal uses in C-1 Districts, must meet the following standards, in addition to the standards set forth in § 342-50B, above:
(1)
Site size. The site must be less than 40,000 square feet in area, except that the site may be up to 60,000 square feet in area for a development that consists of all fair and affordable residences in accordance with Article XV of this chapter.
(2)
Floor area ratio. Except as provided in Article XV, the permitted maximum floor area ratio (FAR) may not exceed 0.60 for developments with four or fewer residential units and 0.80 for developments with five or more residential units.
(3)
Height, setback and yard controls.
(a)
Minimum lot width and frontage: 50 feet.
(b)
Minimum lot depth: 100 feet.
(c)
Minimum habitable floor area (per unit): 450 square feet.
(d)
Maximum stories: three.
(e)
Maximum height: 35 feet.
(f)
Maximum coverage: 30%, except that a maximum coverage of 35% is permitted for a development in which all of the residences are fair and affordable residences in accordance with Article XV of this chapter.
(g)
Minimum required yards:
[1]
Front: 20 feet.
[2]
Lesser side: 10 feet.
[3]
Two sides combined: 20 feet.
[4]
Rear yard: 25 feet.
[5]
Required side yards must be landscaped as reasonably determined by the Planning Board.
[6]
The Planning Board may require that any required side yard that is adjacent to a residential district be twice the size that would otherwise be required.
(h)
Minimum setback for parking and driveways: five feet. The setback area must be landscaped and where the setback area is adjacent to a residential district, the Planning Board may require that the setback be up to 10 feet.
(j)
Open space: 300 square feet per unit.
D.
Additional requirements for residence uses on Boston Post Road in the C-1 Districts. Residence uses on Boston Post Road in the C-1 Districts, where permitted as accessory to a permitted principal use, must meet the following standards, in addition to the standards set forth in § 342-50B, above:
(1)
Height, setback and yard controls.
(a)
Site size. There is no minimum or maximum site size requirement.
(b)
Maximum stories: one story of residential use.
(c)
Maximum height: 25 feet.
(d)
Maximum coverage: 30%, except that a maximum coverage of 35% is permitted for a development in which all of the residences are fair and affordable residences in accordance with Article XV of this chapter.
(e)
Minimum required yards:
[1]
Front: 20 feet.
[2]
Lesser side: 10 feet.
[3]
Two sides combined: 20 feet.
[4]
Rear yard: 25 feet.
[5]
Required side yards must be landscaped as reasonably determined by the Planning Board.
[6]
The Planning Board may require that any required side yard that is adjacent to a residential district be twice the size that would otherwise be required.
(f)
Minimum setback for parking and driveways: five feet. The setback area must be landscaped and where the setback area is adjacent to a residential district, the Planning Board may require that the setback be up to 10 feet.
(h)
Open space requirement: 300 square feet per market-rate unit, 150 square feet per fair and affordable housing unit or fair and deeply affordable housing unit.
E.
Additional requirements for residence uses in the Transit-Oriented Development Overlay District. Residence uses in the Transit-Oriented Development Overlay District must meet the following standards, in addition to the standards set forth in § 342-50B, above:
(1)
Site size. The site must be less than 40,000 square feet in area, except that the site may be up to 60,000 square feet in area for a development that consists of all fair and affordable residences in accordance with Article XV of this chapter.
(2)
Floor area ratio. The permitted FAR for the entire building, including residential and nonresidential uses, is 0.6 for buildings with four or fewer residential units and 0.8 for buildings with five or more residential units, except that the FAR may be increased by up to 0.3 for mixed-use development that includes a full-service grocery store not more than 25,000 square feet in gross floor area, but if the grocery store ever ceases to operate, the area in which the grocery store was located must be leased to the Village of Mamaroneck for community use for $1 per year.
(3)
Maximum height: 40 feet, but 50 feet on Mamaroneck Avenue as long as the stories above the first story are set back at least five feet more from the front lot line than the first story.
(4)
Maximum stories: three, but four stories on Mamaroneck Avenue.
(5)
Maximum coverage: 50%.
(7)
Usable open space requirement: 150 square feet per unit.
F.
Residence uses in C-2 Districts must meet the following standards, in addition to the standards set forth in § 342-50B, above:
(1)
Site size. The site must be less than 40,000 square feet in area, except that the site may be up to 60,000 square feet in area for a development that consists of all fair and affordable residences in accordance with Article XV of this chapter.
(2)
There must be at least five residential units in the building.
(3)
The maximum permitted floor area ratio for residence uses is 2.0. The maximum permitted floor area ratio may be increased in accordance with the bonus provisions of Article XV of this chapter.
(4)
The maximum permitted building height is 40 feet. The maximum permitted building height may be increased in accordance with the bonus provisions of Article XV of this chapter.
(6)
No ground floor space with frontage on Mamaroneck Avenue may be used for residential occupancy.
§ 342-51 Authority of Planning Board.
No provision of this chapter shall be construed to limit the authority of the Planning Board in the exercise of the authority conferred upon it by § 7-738 of the Village Law and the resolution of the Board of Trustees adopted May 22, 1967.
§ 342-52 Planned residential developments.
[Amended 12-17-1984 by L.L. No. 36-1984, effective 1-2-1985]
For the purpose of promoting environmental protection, open space preservation and superior design of residential development; encouraging the most appropriate use of land; increasing recreational opportunities; and improving the balance and variety of the Village's existing housing stock, the Planning Board is hereby authorized to approve planned residential developments, subject to site development plan approval in accordance with the standards, procedures and requirements as set forth in Article XI of this chapter and as authorized by § 7-725 of the Village Law. The Planning Board shall not act on any planned residential development application unless a public hearing is held in accordance with the timing and notice requirements as set forth in said § 7-725 of the Village Law. If a subdivision is involved, the procedure, hearing and notice requirements shall be as required by the Land Subdivision Regulations.[1]
A.
Planned residential development may be permitted only within one-family residence districts.
B.
The minimum size of parcel eligible for planned residential development shall be 10 acres. No more than 10% of the total acreage shall be tidal or freshwater wetlands.
C.
The maximum permitted number of residential dwelling units within a planned residential development shall be determined by dividing the gross area of the subject parcel by the minimum lot size requirements of the zoning district(s) in which it is located. The Planning Board may, in its discretion, further reduce the maximum permitted density where said Board determines that, because of environmental limitations, traffic access, the use and character of adjoining land or other planning considerations, the maximum permitted density would be inappropriate.
D.
The permitted uses within a planned residential development shall be the same as those otherwise permitted in the zoning district(s) in which the property is located, except that attached and semidetached dwellings shall also be permitted.
E.
There shall be no more than eight dwelling units in any one dwelling building or attached grouping.
F.
The maximum permitted building height shall be the same as permitted for one-family dwellings in the zoning district(s) in which the property is located.
G.
In approving a planned residential development, the Planning Board may waive, to the extent determined necessary by said Board to achieve the purposes of this section, all normally applicable lot area, width, frontage, depth, floor area, yard and coverage requirements normally applicable in the zoning district(s) in which the property is located.
H.
Notwithstanding the above, the minimum required setback from all perimeter boundaries of the site shall be equal to one and one-half (1 1/2) times the applicable yard requirements for one-family dwellings in the district(s) in which the property is located.
I.
Off-street parking shall be provided within each planned residential development at the rate of not less than two spaces for each one-family detached dwelling, and one space per dwelling unit, plus one-half (1/2) space per bedroom for each dwelling unit in an attached or semidetached dwelling. No less than one-third (1/3) nor more than two-thirds (2/3) of the minimum required off-street parking spaces shall be enclosed. Of the unenclosed spaces, an amount equal to at least one-third (1/3) of the total number of required spaces shall not be reserved for the use of specific dwelling units and shall, at all times, remain open and available for the use of visitors and guests, as well as other residents. Where the Planning Board determines that, because of special limitations on the occupancy of units or because of the location of the planned residential development site, the actual number of off-street parking spaces needed may be less than the minimum number required in accordance with the above standards, the Board may waive the initial improvement of up to 25% of the minimum required number of spaces, provided that adequate assurance is obtained that such spaces will be improved in the future if they become necessary, and further provided that the location and layout of such future spaces is shown on the approved site development plan.
J.
All off-street parking areas shall be appropriately located, designed and landscaped so that they will harmonize with the residential character and scale of buildings on the site and on adjoining properties. In general, parking areas shall not contain more than 10 contiguous spaces uninterrupted by landscaping or other forms of spatial or visual separation.
K.
The Planning Board shall require suitable easements, covenants, offers of dedication or other forms of binding legal agreements as said Board determines necessary to assure that all open spaces shown on the approved plan will be permanently owned, operated and maintained in accordance with the use limitations indicated on the final plan.
§ 342-52.1 Nursing homes in residential districts.
[Added 10-15-1996 by L.L. No. 12-1996, effective 10-24-1996]
Within any residential district, the Planning Board may grant a special permit for construction and operation of a nursing home subject to the following standards and the requirements as set forth in Article X of this chapter. Notwithstanding this delegation of authority to the Planning Board to grant special permits for nursing homes, the Board of Trustees may determine to serve as the permit-granting authority in place and instead of the Planning Board upon the adoption of a resolution advising the Planning Board that, for public policy reasons, it considers the particular application to merit the Board of Trustees' involvement. The adoption of such a resolution by the Board of Trustees shall be sufficient to remove the matter from the Planning Board's jurisdiction and to place it before the Board of Trustees for review in accordance with the following standards as well as those requirements as set forth in Article X of this chapter.
A.
Location. Nursing homes shall be permitted in residential districts only in locations fronting on and having direct access to a state or county road.
B.
Minimum site size and frontage. The minimum site size for a nursing home in a residential district shall be five acres with a minimum of 200 feet of frontage.
C.
Density. There shall be a minimum of 800 square feet of lot area for each patient bed, and the total development shall not exceed a floor area ratio (FAR) of 0.80.
D.
Coverage. Building coverage, including accessory buildings, shall not exceed 25% of the land area.
F.
Off-street parking and loading. The minimum off-street parking requirements for nursing homes shall be one space for each two patient beds, with the provision that the approval agency may vary the number of parking spaces by up to 10% of that required upon a showing that actual demand for parking will be adequately met. One off-street loading space shall be provided for each 150 patient beds or major portion thereof.
G.
Height. No building shall be erected to a height in excess of 2 1/2 stories or 35 feet.
H.
Buffer area. A ten-foot landscaped buffer area shall be required along all lot lines excluding railroad rights-of-way.
I.
Other requirements. In addition to the special standards described above, to the extent not inconsistent herewith, nursing homes shall comply with any other requirements of this chapter, any other special requirements deemed appropriate by the approval agency in accordance with the requirements of Article VII, and all other applicable laws and regulations governing nursing homes.
§ 342-52.2 Adaptive reuse of religious or educational buildings.
[Added 5-23-2016 by L.L. No. 6-2016, effective 7-5-2016]
The purpose of this section is to foster the renovation and reuse of structures originally constructed for religious or educational uses, which have historic, architectural, economic, cultural or other value to the Village and are at risk of becoming underutilized, vacant or demolished. This section encourages the adaptive and flexible reuse of such buildings to allow more economic and efficient use of the property. Special regulations are appropriate to this type of reuse because of the difficulty present in adapting these structures to allow economic and efficient use of the property.
A.
Special permit authority. The Planning Board may grant a special permit subject to the additional provisions set forth below to allow the use of an eligible building for uses which may not otherwise be allowed and such adaptive reuse of an existing building may occur within its existing footprint even if dimensionally nonconforming. The Planning Board may modify minimum lot area, height, stories, minimum lot frontage, maximum coverage, maximum habitable floor area, minimum lot width, and front, side and rear yard setback requirements if the Planning Board determines that the modification is necessary to preserve the building and allow its adaptive reuse. The granting of a special permit will require compliance with site plan review requirements. The special permit authority granted to the Planning Board would be in lieu of, rather than in addition to, the Zoning Board of Appeals' special permit authority generally for private schools, places of worship, and places of religious instruction in residential zones.
B.
Eligible buildings. Any building originally constructed for religious or educational purposes including buildings previously occupied as a primary or secondary school, place of worship, accessory building to a place of worship (such as a rectory, convent, school gym or similar use) on properties less than five acres in size.
C.
Parking. The Planning Board may modify off-street parking requirements based on applicant's information regarding the parking impacts of the proposed adaptive reuse. Parking may also be provided on lot(s) in private ownership within 500 feet of the building entrance as part of the Planning Board approval of the special permit.
D.
Restrictions on uses in particular districts.
(1)
For eligible buildings on a lot zoned partially residential and partially commercial, the Planning Board may permit an adaptive reuse for any use permitted in either of the applicable zoning districts.
(2)
For eligible buildings on a lot zoned entirely for single-family or two-family residential use, only uses permitted in such zone shall be allowed, except that for an eligible building located on or with direct access to an arterial or collector road as defined by the NYSDOT, the Planning Board may permit multifamily housing for senior citizens 62 years of age or older subject to the open space and maximum FAR requirements in the RM-2 District.
E.
Additional conditions. The Planning Board may attach such additional conditions to a special permit granted under this section as may be necessary to protect the neighborhood surrounding the property and to encourage the most appropriate adaptive reuse of the buildings and property.
§ 342-52.3 Pet care facilities and animal hospitals.
[Added 5-28-2024 by L.L. No. 7-2024, effective 6-3-2024; amended 10-15-2024 by L.L. No. 9-2024, effective 10-18-2024; 3-10-2025 by L.L. No. 4-2025, eff. 3-19-2025]
Within the C-1, C-2 and M-1 Districts, the Planning Board may grant a special permit for construction and operation of a pet care facility or animal hospital subject to the following standards and the requirements set forth in Article X of this chapter.
A.
Indoor space. Adequate indoor space must be provided for all animals under the care of the pet care facility or animal hospital.
B.
Outdoor spaces. Outdoor spaces are permitted subject to the following requirements:
(1)
Animals must be indoors between the hours of 6:00 p.m. and 8:00 a.m.
(2)
While outdoors, all animals must be under the direct control of the pet care facility or animal hospital operator or staff at all times.
(3)
A wall or fence enclosing the outdoor area must be provided and be of sufficient construction to protect animals from injury, prohibit animals from escaping, and separate animals from other domestic animals and unauthorized individuals.
(4)
The outdoor surface, other than grass runs and exercise areas, must be concrete, gravel, or other materials that can be regularly cleaned and kept free of waste accumulation.
(5)
Grass runs and exercise areas must maintain adequate ground cover, holes must be promptly filled, animal waste must be removed and disposed of promptly and hygienically, solid waste must be removed prior to watering, the ground cover must be watered sufficiently to dilute and clean the ground cover to avoid disease, and the ground cover must not be overgrown.
(6)
Outdoor areas must be designed so that the water used to clean outdoor areas does not overflow onto a public right-of-way, an adjacent property, body of water, or public stormwater drain.
C.
Sanitation.
(1)
Pet care facilities and animal hospitals must be kept clean and sanitary at all times in order to maintain a healthy environment for the animals and staff.
(2)
All indoor and outdoor spaces must be cleaned at least once each day.
(3)
Trash and animal waste generated at the pet care facility or animal hospital must be disposed of promptly and hygienically, and in accordance with all applicable federal, state and local laws and regulations so as to minimize the risk of disease, contamination, and vermin.
(4)
Fecal wastes must be disposed of through either solid waste pick-up service or the sanitary sewer system. Disposal of cat litter must be through solid waste pick-up and not through the sanitary sewer system. Fecal wastes may not be used for on-site or off-site composting operation.
D.
Noise. In addition to the noise level standards set forth in § 254-5 of this Code, all pet care facilities and animal hospitals in the C-1 and C-2 Districts and pet care facilities and animal hospitals in the M-1 District that are located within 100 feet of a residential property are subject to the following requirements:
(1)
Noise control during operating hours. Between the hours of 8:00 a.m. and 6:00 p.m., a pet care facility or animal hospital must not create any noise that can be heard by any person at or beyond the property line of the lot on which the pet care facility or animal hospital is located consisting of an average of 10 animal noises per minute either over a six-minute period of time or over a fifteen-minute period of time with one minute or less between each animal noise.
(2)
Noise control during evening and early morning hours. Between the hours of 6:00 p.m. and 8:00 a.m., a pet care facility or animal hospital must not create any noise that can be heard by any person at or beyond the property line of the lot on which the pet care facility or animal hospital is located.
E.
Pet care facilities and animal hospitals that provide overnight boarding must obtain a permit to operate an animal facility from the Westchester County Department of Health prior to obtaining a special permit, and must comply with the requirements of that permit. Pet care facilities and animal hospitals must comply with all state, federal and local laws and regulations.