New Rochelle City Zoning Code
ARTICLE VI
Uses in Residence Districts
§ 331-30 R1-20 One-Family Residence District.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four licensed private passenger cars on a transient basis as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches and travel trailers as regulated by § 331-18.
(10)
Family care and group family care are as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(7)
Accessory uses for all uses permitted by special permit.
(8)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-30.1 R1-15 One-Family Residence District.
[Added 5-19-2005 by Ord. No. 120-2005]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
(6)
The parking of up to four licensed motor vehicles on a transient basis, as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(1)
(Reserved)
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(6)
Accessory uses for all uses permitted by special permit.
(7)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
§ 331-30.2 R1-10A One Family Residence District.
[Added 5-19-2005 by Ord. No. 120-2005]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
(6)
The parking of up to four licensed motor vehicles on a transient basis as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(1)
(Reserved)
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(6)
Accessory uses for all uses permitted by special permit.
(7)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
§ 331-31 R1-10 One-Family Residence District.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four licensed motor vehicles on a transient basis, as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(6)
Accessory uses for all uses permitted by special permit.
(7)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-32 R1-HIST One-Family Historic Residence District.
See § 331-28A(7).
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four licensed motor vehicles on a transient basis as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-33 R1-WF-10 One-Family Waterfront Residence District.
See § 331-28A(5).
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four licensed motor vehicles on a transient basis as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(6)
Accessory uses for all uses permitted by special permit.
(7)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
D.
Note: Attached dwelling units and single-family cluster residences are not permitted in the R1-WF-10 Zone.
§ 331-34 R1-CH One-Family Cluster Residence District.
See § 331-28A(6).
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(7)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(3)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-35 R1-7.5 One-Family Residence District.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four licensed motor vehicles on a transient basis as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(6)
Accessory uses for all uses permitted by special permit.
(7)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.[2]
[Amended 5-19-2005 by Ord. No. 120-2005]
[2]
Editor's Note: Former Subsection C(8), Community purpose buildings, which immediately followed this subsection, was repealed 5-19-2005 by Ord. No. 120-2005.
§ 331-36 R2-7.0 Two-Family Residence District.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four licensed motor vehicles on a transient basis as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(4)
Cellular transmission antennas as regulated by § 331-99 and other public utility uses and structures.
(5)
Accessory uses for all uses permitted by special permit.
(6)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-37 R-URTH Urban Renewal Townhouse Residence District.
See § 331-28A(8).
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(8)
Family care and group family care as regulated and licensed by federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-38 RMF-0.4 Multifamily Residence District.
See § 331-28A(9) and (10).
A.
Permitted principal uses.
(1)
One-family dwellings.
[Amended 11-18-2003 by Ord. No. 240-2003; 2-10-2004 by Ord. No. 19-2004[1]; 11-21-2006 by Ord. No. 257-2006]
[1]
Editor's Note: This ordinance shall take effect on February 12, 2004; except that for those developments in the RMF-0.4 District which received final site plan approval during February 2003 through January 2004, this ordinance shall take effect on the first anniversary date of the Planning Board meeting at which such approval was granted unless a building permit based on such approval has been issued prior to such anniversary date.
(2)
Two-family dwellings.
(3)
Multifamily dwellings, not to exceed four dwelling units per lot.
[2]
Editor's Note: This ordinance shall take effect on February 12, 2004; except that for those developments in the RMF-0.4 District which received final site plan approval during February 2003 through January 2004, this ordinance shall take effect on the first anniversary date of the Planning Board meeting at which such approval was granted unless a building permit based on such approval has been issued prior to such anniversary date.
(4)
Public schools.
(6)
Houses of worship.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four registered private passenger cars on transient basis as regulated by Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(4)
Cellular transmission antennas as regulated by § 331-99 and other public utility uses and structures.
(5)
Off-street parking adjacent to nonresidence districts as regulated by § 331-126E(5).
(6)
Accessory uses for all uses permitted by special permit.
(7)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-39 RMF-0.5 Multifamily Residence District.
See § 331-28A(10).
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four registered private passenger cars for a one-family dwelling and three per dwelling unit for a two-family or multifamily dwelling, but not less than the minimum required as set forth in Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(5)
Off-street parking adjacent to nonresidence districts as regulated by § 331-126E(5).
(6)
Accessory uses for all uses permitted by special permit.
(7)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-40 RMF-0.7 Multifamily Residence District.
See § 331-28A(10).
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four registered private passenger cars for a one-family dwelling and three per dwelling unit for a two-family or multifamily dwelling, but not less than the minimum required as set forth in Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue additional uses allowed by special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(6)
Off-street parking adjacent to nonresidence districts as regulated by § 331-126E(5).
(7)
Accessory uses for all uses permitted by special permit.
(8)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-41 RMF-1.0 Multifamily Residence District.
See § 331-28A(10).
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four registered private passenger cars for a one-family dwelling and three per dwelling unit for a two-family or multifamily dwelling, but not less than the minimum required as set forth in Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(3)
Federal or state subsidized housing for senior citizens by nonprofit institutions pursuant to Section 202 of the Federal Housing Act of 1959 or any amendment.
(5)
Cellular transmission antennas as regulated by § 331-99 and other public utility uses and structures.
(6)
Off-street parking adjacent to nonresidence districts as regulated by § 331-126E(5).
(7)
Accessory uses for all uses permitted by special permit.
(8)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-42 RMF-1.3 Multifamily Residence District.
See § 331-28A(10).
A.
Permitted principal uses.
(1)
One-family dwellings.
[Amended 11-21-2006 by Ord. No. 257-2006]
(2)
Two-family dwellings.
(3)
Multifamily dwellings.
(4)
Public schools.
(6)
Office space for physicians, surgeons and dentists, located within the lobby or the lowest residential story of a multifamily dwelling, limited to not more than 30% of the total rentable floor area of that story, and subject to compliance with all off-street parking requirements as set forth in Article XIV.
(7)
Houses of worship.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four registered private passenger cars for a one-family dwelling and three per dwelling unit for a two-family of multifamily dwelling, but not less than the minimum required as set forth in Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(3)
Federal or state subsidized housing for senior citizens by nonprofit institutions pursuant to Section 202 of the Federal Housing Act of 1959 or any amendment.
(6)
Cellular transmission antennas as regulated by § 331-99 and other public utility uses and structures.
(7)
Off-street parking adjacent to nonresidential districts as regulated by § 331-126E(5).
(8)
Accessory uses for all uses by special permit.
(9)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-43 RMF-2.0 Multifamily Residence District.
See § 331-28A(10).
A.
Permitted principal uses.
(1)
One-family dwellings.
[Amended 11-21-2006 by Ord. No. 257-2006]
(2)
Two-family dwellings.
(3)
Multifamily dwellings.
(4)
Public schools.
(6)
Office space for physicians, surgeons and dentists, located within the lobby or the lowest residential story of a multifamily dwelling, limited to not more than 30% of the total rentable floor area of that story, and subject to compliance with all off-street parking requirements as set forth in Article XIV.
(7)
Houses of worship.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(4)
Sports courts, play structures, sheds, doghouses, fences, walls, other structures as regulated by § 331-14A.
[Amended 9-21-2004 by Ord. No. 198-2004]
(6)
The parking of up to four licensed motor vehicles for a one-family dwelling and three per dwelling unit for a two-family or multifamily dwelling, but not less than the minimum parking requirements as set forth in Article XIV.
(7)
The storage of boats, camper trailers, motor homes, pickup coaches, and travel trailers as regulated by § 331-18.
(10)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
The establishment of new or the expansion of existing universities, colleges and private school campuses as regulated by § 331-91.
(3)
Federal or state subsidized housing for senior citizens by nonprofit institutions pursuant to Section 202 of the Federal Housing Act of 1959 or any amendment.
(4)
Office of a professional person as defined in § 331-4, excluding medical and dental offices, located on the ground floor only.
(5)
Store and shops exclusively for sale at retail or the performance of customary personal services located on the ground floor only.
(6)
Restaurants, located on the ground floor only.
(8)
Cellular transmission antennas as regulated by § 331-99 and other public utility uses and structures.
(9)
Off-street parking adjacent to nonresidential districts as regulated by § 331-126E(5).
(10)
Accessory uses for all uses by special permit.
(11)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
§ 331-44 RMF-SC-4.0 Multifamily Senior Citizen Residence District.
See § 331-28A(10) and (11).
A.
Permitted principal uses.
(1)
One-family dwellings.
[Amended 11-21-2006 by Ord. No. 257-2006]
(2)
Two-family dwellings.
(3)
Multifamily dwellings.
(4)
Federal or state subsidized housing for senior citizens by profit or nonprofit institutions or foundations, no part of the net earnings of which inures to the benefit of any private stockholder, contributor or individual pursuant to the provision of Section 202 of the Federal Housing Act of 1959 or any amendment thereof.
(5)
Public schools.
(6)
Houses of worship.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(2)
For owner-occupied dwellings only, the renting out of not more than one non-housekeeping room to not more than two persons.
[Amended 1-20-2009 by Ord. No. 16-2009]
(3)
The parking of up to four registered private passenger cars for a one-family dwelling and three per dwelling unit for a two-family dwelling, but not less than the minimum required as set forth in Article XIV.
(6)
Family care and group family care as regulated and licensed by a federal or state agency.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
Cellular transmission antennas as regulated by § 331-99 and other public utility use and structures.
(3)
Off-street parking adjacent to nonresidential districts as regulated by § 331-126E(5).
(4)
Playgrounds, sports courts, swimming pools, tennis courts and recreation buildings owned by a neighborhood association for the exclusive use of members of such association, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
[Amended 5-19-2005 by Ord. No. 120-2005]
(7)
Attached dwelling units, not to exceed two attached dwelling units in a building, as regulated by § 331-113.5.
[Added 11-21-2006 by Ord. No. 257-2006]
(8)
Business, professional, or governmental offices.
[Added 6-19-2018 by Ord. No. 2018-127]
(9)
Stores and shops exclusively for sale at retail or the performance of customary personal services.
[Added 6-19-2018 by Ord. No. 2018-127]
(10)
Manufacture of products for retail sale on the premises only, provided that not more than five persons shall be so employed at any one time, and provided further that not more than 30% of the gross floor area of any establishment be so used.
[Added 6-19-2018 by Ord. No. 2018-127]
(11)
Banks.
[Added 6-19-2018 by Ord. No. 2018-127]
(12)
Restaurants.
[Added 6-19-2018 by Ord. No. 2018-127]
(13)
Restaurants, carry-out.
[Added 6-19-2018 by Ord. No. 2018-127]
(14)
Community-purpose buildings.
[Added 6-19-2018 by Ord. No. 2018-127]
§ 331-45 Additional regulations for residence districts.
A.
Regulation of accessory uses. Permitted accessory uses are clearly identified for each zoning district in §§ 331-30 through 331-44 of this chapter. The following are additional standards that apply to accessory uses in all zoning districts.
(1)
In all districts.
(a)
No accessory building, structure or use shall be constructed or placed within 10 feet of any rear lot line or within six feet of any side lot line.
(b)
No accessory building, structure or use shall be placed within the required front yard.
(c)
No accessory building or private garage, if detached from a dwelling, shall be placed within 10 feet of the main building.
[Amended 7-16-2002 by Ord. No. 139-2002]
(d)
An access driveway may be located within a required front or side yard, but not closer than three feet to a side lot line.
[Amended 7-16-2002 by Ord. No. 139-2002]
(e)
Unless installed inside the garage, the Personal EV charging station shall not be located in the required front yard, and shall be placed at least six feet away from side property lines and 10 feet away from the rear property line.
[Added 2-11-2020 by Ord. No. 2020-29]
(f)
Outdoor Personal EV charging stations shall not reduce the required width of a driveway or the required width and length of a required parking space.
[Added 2-11-2020 by Ord. No. 2020-29]
B.
Customary home occupations. A customary home occupation may be established in a dwelling unit including the use of a personal computer, facsimile or other home office equipment, subject to the following:
(1)
Such occupation is carried on as incidental to the residential use of the premises by a resident thereof and does not occupy more than 25% of the total floor area of the dwelling or more than 500 square feet, whichever is less.
(2)
Such occupation shall be conducted entirely within the principal dwelling unit and in no event shall such use be apparent from any public way.
(3)
Such occupation does not involve the delivery of goods or products to or from the premises other than by passenger automobile, mail delivery or package delivery service. No deliveries shall be made to the residence, for the purpose of the home occupation, earlier than 7:00 a.m. nor later than 9:00 p.m.
(4)
Such occupation does not involve the outside storage of equipment or material or the storage of goods for sale, rent or display.
(5)
Such occupation does not involve any exterior alterations or improvements which change the character or appearance of the dwelling thereof or external announcement signs. Where otherwise required by law, an external announcement sign may be erected but shall not exceed the minimum requirements of such law.
(6)
Such occupation does not involve nonresident employees and the parking of more than two client vehicles at any one time.
(7)
Such occupation does not produce any adverse impacts on the residential character of the neighborhood, including but not limited to hours of operation, additional nonresidential traffic and parking, electrical or other transmission related interference, offensive noise, vibration, smoke, dust or other particulate matter, heat, humidity, glare or other effects not customarily generated by residential uses.
(8)
Such occupation does not involve the storage for sale or sale of firearms or ammunition.
C.
Office of professional person in residential districts. In all residential districts and dwelling units, an office of a professional person may be established subject to the following:
(1)
The professional person shall inhabit the residence where the professional office is located.
(2)
Such profession is carried on as incidental to the residential use of the premises by a resident thereof and does not occupy more than 25% of the floor area or 500 square feet, whichever is less, in the principal dwelling or an accessory building on the lot.
[Amended 1-19-2021 by Ord. No. 2021-10]
(3)
Use of professional offices shall be restricted to the practice of a profession by a physician, dentist, psychiatrist, lawyer, engineer, architect, nurse, teacher, accountant, or similar profession as determined customary by the Building Official, provided that there shall be no overnight boarding of patients or clients associated with such professional office use.
(4)
The professional person or persons who inhabit the residence and no more than two additional persons may be employed in the home professional office.
(5)
There shall be no outside evidence of the home professional office except as permitted by Subsection C(6).
(7)
In no case shall the home professional office be open to the public at times earlier than 7:00 a.m. or later than 9:00 p.m.
(8)
In addition to the off-street parking required for the residence, there shall be two spaces provided for each professional office.
(9)
Any professional office in a residential district that has received a certificate of occupancy prior to the adoption date of this chapter shall be legally nonconforming, providing it was legally established at the time.
D.
Clubs in the R1-WF-10 Waterfront Residence District. (See §§ 331-28E and 331-30 through 331-44.) Annual membership clubs, including beach, golf, tennis, yacht and similar clubs shall not be expanded but may remain or be renovated in the current footprint and floor area as of the date of this amendment. These clubs shall not be used for an activity commonly conducted as a business and shall not include indoor tennis clubs. All such uses shall be subject to the provision of adequate off-street parking spaces for motor vehicles of club members and their guests and are subject to the following additional restrictions:
[Amended 3-15-2016 by Ord. No. 77-2016]
(1)
The number of cabanas, lockers and/or bathhouses permitted shall not exceed 40 per acre of contiguous area owned by the club and used for club purposes and shall be such number as will, in the discretion of the Planning Board, afford reasonable use of the land for club purposes, be in harmony with the general purposes and intent of this chapter and not be injurious to the neighborhood or otherwise detrimental to the public health, safety and welfare. The computation of club acreage shall not include any tidal or underwater lands.
(2)
Exterior lighting shall be so placed and shielded as to reflect the light away from residential property.
(3)
Sound from orchestral or other music or entertainment shall be so limited that the source thereof shall not be nearer than 150 feet from any street or property line and shall cease promptly at 1:00 a.m. Public address systems or sound-amplification devices shall not be used outside of the main club building on any beach club premises nor shall the sound from such systems or devices be permitted to be cast outside of any such buildings, except that on all Saturdays and legal holidays between May 15 and September 15 in each year, amplification of dance music outside of the main club building and on the beach club premises will be permitted as per Chapter 213 of the General City Code.
(4)
A club membership shall include only the following: a single person, or one family consisting solely of husband and wife, their parents and their unmarried children living in the same residence; or not more than three unrelated individuals. The number of memberships permitted shall not exceed the number of cabanas, lockers and/or bathhouses permitted herein, except where such number of memberships, in excess of the number of cabanas, lockers and/or bathhouses permitted is specifically set forth in an existing permit granted by the Board of Appeals.
(5)
No person other than a member or a guest shall be permitted to use any facility of any club, except that during the period between September 15 and June 15 only of each year, a religious, charitable or fraternal organization organized or duly recognized and qualified to operate under the laws of the State of New York, or a local civic, professional, educational or political organization may be permitted to use a club's facilities. Such use shall be permitted only by clubs holding and maintaining in effect a valid license issued under the provisions of Chapter 93, Article I, of the Code of the City of New Rochelle. Each membership club shall file a report with the Building Official, on or before the date of each such use, stating the name and character of the organization permitted to use the club premises in a form authorized by the Building Official.
(6)
All parking and service areas shall be screened from the view of all adjoining and neighboring residential properties.
(7)
The provisions of Subsection D(1) through (6) shall apply to all annual membership clubs. The provisions of Subsection D(1), "the number of cabanas, lockers and/or bathhouses permitted shall not exceed 40 per acre of contiguous area owned by the club and used for club purposes," shall not apply to existing annual membership clubs having in effect a permit duly granted by the Board of Appeals which permits, by its terms, a greater number of cabanas, lockers or bathhouses per acre than the foregoing provisions.
(8)
Annual membership clubs created after the effective date of this section shall be subject to the following further restrictions:
(a)
Minimum distance from structures to abutting residential property lines shall be a minimum distance equal to two times the height.
(b)
Maximum coverage of lot by structures shall not exceed 25%.
(c)
Maximum coverage of lot by structures and parking area shall not exceed 50%.
(d)
Maximum height of structures shall not exceed 35 feet.
(e)
Minimum distance from the parking area to the abutting residential property line shall be 60 feet.
(f)
Minimum dimension of the front yard shall be 50 feet, and parking shall be prohibited in front yards.
(g)
Structures shall not exceed 125 feet in length nor 100 feet in width.
(h)
At least six off-street parking spaces shall be provided for each tennis court.
(i)
Shrubbery and/or fencing of sufficient height and density shall be provided to screen the view of the parking area and the structures and shall be shown on the site plan indicating type of species, quantity and spacing. No building permit or certificate of occupancy for such use shall be issued except in conformity with the approved site plan.
(j)
Structures shall be compatible and in harmony with residence buildings in the surrounding area.
(k)
The Department of Development may render an advisory opinion to the Planning Board with respect to traffic, planning and other factors relating to an application for a use allowed by special permit in this zoned district or any less restrictive zoned district.
(l)
At least two off-street parking spaces shall be provided per club member.
E.
(1)
Applying to marina uses only.
(a)
Where any parcel used for marina purposes is contiguous to a residential zone, the abutting yard shall have a minimum setback of 25 feet.
(b)
Where any parcel used for marina purposes is contiguous to the public street and there is no public sidewalk, all uses shall have a minimum front yard of 10 feet.
(c)
The arrangement and location of all buildings, landscaping, screening and required parking and loading areas for marina uses shall be approved by the Department of Development prior to submission of the site plan to the Planning Board. Parking requirements may otherwise be satisfied within municipal facilities in the same zone as that occupied by the proposed use, when approved by the Department of Development and the Planning Board.
(d)
The location and setback requirements for tanks and pumps for dispensing gasoline and fuel for motors for marina uses shall be approved by the Department of Development prior to the submission of the site plan to the Planning Board.
(2)
Applying to all uses in this zone.
(a)
The Department of Development and Planning Board shall review the site plans for compliance with the goals of the creation of the Waterfront Residence District to preserve the environmental quality of Long Island Sound, its tributaries and shoreline, the maintenance of views and scenic resources and the preservation of abutting neighborhoods.
(b)
No building or structure shall be erected within 50 feet of the mean high-water line.
(c)
No building or structure shall be erected within 25 feet of the shoreline designated as tidal wetlands; however, these limitations do not apply to piers, docks, marinas, boat launching or storage, boat construction, boat service, fuel, lubricants, parts and accessories.
(d)
No structure shall be erected in a designated floodplain without special approval from the Department of Public Works as to compliance with flood hazard procedures.
(e)
No fences, walls or landscaping shall be higher than 36 inches except with Planning Board approval.
(f)
The Planning Board may vary yard and open space requirements as set forth herein so long as any new requirements are more restrictive than those established by this chapter.
(g)
Any construction upon the roof of an already existing building or parking structure requires site plan approval of the Department of Development with regard to: view preservation, landscaping and screening, impact upon adjacent uses, and protection of residential facilities.
F.
(1)
In the R1-Historic Residence District, the minimum lot area and lot dimensional requirements shall be as shown on the Rochelle Park - Rochelle Heights Historic District Map, which Map is hereby incorporated in and made a part of this chapter.[2] The showing of a lot on said Map shall entitle the owner of such property to use it for such purposes as permitted by the R1-Historic Residence District regulations, provided said lot has been created in accordance with the applicable subdivision plat requirements of the City of New Rochelle or existed as a separate parcel prior to the establishment of such requirements.
[2]
Editor's Note: The Rochelle Park - Rochelle Heights Historic District Map is on file in the City offices and may be examined there during regular office hours.
(2)
The minimum required front yard setback in the R1-Historic Residence District shall be 50 feet, except that where there is a pronounced uniformity of front yard setbacks, either less than or in excess of said dimensions within 200 feet of the lot upon which any new or expanded building is proposed, such new construction shall be set back to the average setback of the existing structures.
(3)
All dimensional regulations in the R1-Historic Residence District, other than as established in Subsection F (1) and (2) above, shall be as required in §§ 331-30 through 331-44 for the comparable one-family residence district as follows:
[Amended 5-19-2005 by Ord. No. 120-2005]
Lot Area (square feet) | District Standards |
|---|---|
Less than 10,000 | R1-7.5 |
10,000 to 14,999 | R1-10 |
15,000 to 19,999 | R1-15 |
20,000 and over | R1-20 |
G.
(1)
Eligibility. The minimum parcel size shall be four acres and the maximum parcel size shall be 20 acres. Eligible parcels must abut a street with a paved roadway of such width as shall be deemed appropriate by the City Council after recommendation by the Planning Board. Refer to § 331-78 regarding single-family cluster housing.
(2)
Size of dwellings. No more than 50% of the permitted dwelling units may be in buildings of up to four attached units and the maximum length of such buildings shall be 120 feet. The balance of the permitted units shall be in buildings with a maximum permitted length of 100 feet. Where special topographical and/or environmental conditions, such as steep slopes, rock outcroppings, wetlands, a stand of major trees or a unique ecological resource, would be better protected, the Planning Board may permit an increase in the number of dwelling units which may be in buildings of four attached units with a maximum length of 120 feet.
(3)
Recreation facilities. The use of any recreation buildings and structures shall be limited to the residents of the dwellings in the development and their nonpaying guests. No entertainment, live or mechanical, or the use of outdoor public address systems shall be permitted.
H.
(1)
Eligibility. Eligible parcels for R-URTH zoning shall be only those located in an area officially designated as appropriate for urban renewal by the City Council, and meeting the dimensional requirements in the Schedule of Dimensional Regulations. (See § 331-29.) In a phased development, minimum requirements may be reduced by the Planning Board, upon the recommendation of the Commissioner of Development, for any individual phase, provided that the completed development complies with all requirements of the R-URTH District.
(2)
Two-family townhouse dwellings. No more than 25% of the permitted dwelling units may be in two-family attached dwellings.
I.
Permanent outdoor emergency energy-generation systems installation for the exclusive use of a one-family residence located on the property. In view of the small acreage of one-family residential properties in the City of New Rochelle, the following conditions are imposed on the issuance of building permits for the permanent siting of outdoor emergency energy-generation systems. Such building permits shall not be required for portable emergency energy generators:
[Amended 7-19-2011 by Ord. No. 135-2011; 2-21-2012 by Ord. No. 35-2012]
(1)
Prior to considering approval of a proposed outdoor location for the emergency energy-generation system, the Building Official shall determine that the proposed system cannot reasonably be located within an existing fully enclosed building on the property.
(2)
The emergency energy-generation system shall not be located in any required front yard setback, but cannot be constructed within 10 feet of any rear lot line or within six feet of any side lot line. Location in the rear of the residence located on the property shall be preferred so as to minimize visibility of the system from adjoining properties and the street. Emergency energy-generating systems shall be installed as per manufacturers' specifications and NFPA standards but in no case shall be installed less than two feet from a wood-framed structure if installed with a rated enclosure and no less than five feet without a rated enclosure as per NFPA standards.
[Amended 2-19-2013 by Ord. No. 39-2013; 1-19-2021 by Ord. No. 2021-10]
(3)
Preference shall be given to emergency energy-generation systems designed to minimize noise, including but not limited to those which include noise muffler systems.
(4)
The emergency energy-generation system shall be adequately screened with evergreen vegetation or architectural devices to minimize its visibility from adjoining properties and the street, and such vegetation shall be maintained throughout the life of the system. Such vegetation shall meet the minimum distancing requirements established by the manufacturer of the emergency energy-generating systems.
(5)
The installer of the emergency energy-generation system shall obtain all required plumbing, electrical and Fire Department permits, if any.