New Rochelle City Zoning Code
ARTICLE VII
Uses in Mixed Use Districts
§ 331-46 H Hospital District.
See § 331-28B(1).
A.
Permitted principal uses.
(1)
Hospital and related facilities, including nursing schools, and housing for staff members, nurses and interns, resident physicians, researchers, employees, faculty members, students and their immediate families; sanitarium for noncontagious diseases; private propriety nursing homes; and private propriety convalescent homes.
(2)
Medical and dental offices.
(3)
Medical care facilities.
(4)
Medical laboratories including biotechnology facilities.
(5)
One-family dwellings and attached dwelling units, two-family dwellings, and multifamily dwellings as permitted and regulated in the RMF-0.4 Residence District.
(6)
Public schools.
(7)
Community purpose buildings.
(8)
Houses of worship.
(9)
State or federally-aided nonprofit senior housing or turnkey senior housing.
[Added 7-16-2002 by Ord. No. 139-2002]
(10)
Educational and research uses.
[Added 11-15-2016 by Ord. No. 233-2016]
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.
(4)
Cellular transmission antennas as regulated by § 331-99 and other public utility uses and structures.
(6)
Accessory uses for all uses permitted by special permit.
(7)
Conversion of buildings used for hospital-related housing pursuant to § 331-46a(1) to multifamily buildings. The Planning Board may grant a special permit to convert a building used for hospital-related housing as of June 14, 2005, pursuant to § 331-46A(1), to a multifamily building in accordance with the following requirements:
[Added 7-19-2005 by Ord. No. 182-2005]
(a)
One parking space of dedicated parking shall be provided for each dwelling unit in the to-be-converted multifamily building. Such dedicated parking shall be provided a) on the same tax lot on which such building is located and/or b) on another tax lot in close proximity to such building by restrictive covenant on such other tax lot.
(b)
Sufficient additional parking shall be provided for all other uses located on the same tax lot as the to-be-converted multifamily building. Such additional parking shall be provided a) on such tax lot and/or b) on another tax lot in close proximity to such other uses by restrictive covenant on such other tax lot; and
(c)
Traffic and parking studies and plans shall be submitted to the Board for its review and approval. Such studies and plans shall demonstrate that sufficient parking shall remain for all other hospital facilities in the vicinity of the to-be-converted multifamily building following its conversion.
§ 331-47 DMU Downtown Mixed Use District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 7-15-2003 by Ord. No. 167-2003; 7-15-2003 by Ord. No. 167-2003; 9-21-2004 by Ord. No. 198-2004; 5-19-2005 by Ord. No. 118-2005; 2-13-2007 by Ord. No. 48-2007; 3-23-2010 by Ord. No. 55-2010; 2-15-2011 by Ord. No. 43-2011; 2-19-2013 by Ord. No. 39-2013; 9-17-2014 by Ord. No. 124-2014; 7-18-2017 by Ord. No. 152-2017; 9-19-2017 by Ord. No. 187-2017; 10-18-2017 by Ord. No. 205-2017; 2-12-2019 by Ord. No. 2019-42; 5-21-2019 by Ord. No. 2019-105; 2-11-2020 by Ord. No. 2020-29; 12-10-2024 by Ord. No. 2024-195; 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(2).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Multifamily apartment buildings.
(3)
Mixed use commercial/residential with dwelling units located on the second floor and above only.
(4)
Stores and shops for sales at retail, or the performance of customary personal services. Massage establishment is not included and is a special permit use.
(5)
Banks.
(6)
Hotels.
(7)
Restaurants.
(8)
(Reserved)
(9)
Health, social or recreational clubs.
(11)
Houses of worship.
(12)
College-related uses within 1,500 feet of the college and/or university's main administrative building.
(13)
Manufacturing of products for retail sale, provided that a minimum of 30% of the gross floor area be dedicated to retail sales of the product, with such retail space located on the street level at the building's street frontage.
(14)
Experiential uses.
(15)
Adult-use cannabis retail dispensary located entirely within the ground floor of an enclosed building, subject to Liquor Store Hours, and as licensed by the New York State Office of Cannabis Management.
(16)
Adult on-site cannabis consumption lounges located entirely within the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours, but not later than 11:00 p.m., and as licensed by the New York State Office of Cannabis Management.
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)
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
(4)
Sports courts.
C.
Uses allowed by special permit.
(2)
(Reserved)
(3)
Schools located on the second floor and above only.
(7)
Businesses which store, package and ship products to wholesale or catalog retail establishments which use the internet.
(9)
Funeral parlors.
(12)
Cabarets, as accessory to a restaurant, with a public assembly occupancy limit not to exceed 250 persons as regulated by § 331-113.2, when located within the Cabaret Overlay Zone.
(16)
Craft beverage production facilities as regulation by § 331-113.10.
(17)
eSports.
(18)
Tasting rooms as regulated by § 331-113.12.
(19)
Discount variety store as regulated by § 331-113.13.
(23)
Massage establishment.
§ 331-48 DMUR Downtown Mixed Use Urban Renewal District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 9-21-2004 by Ord. No. 198-2004; 2-13-2007 by Ord. No. 48-2007; 3-23-2010 by Ord. No. 55-2010; 3-20-2012 by Ord. No. 50-2012; 7-18-2017 by Ord. No. 152-2017; 9-19-2017 by Ord. No. 187-2017; 10-18-2017 by Ord. No. 205-2017; 2-12-2019 by Ord. No. 2019-42; 5-21-2019 by Ord. No. 2019-105; 2-11-2020 by Ord. No. 2020-29; 12-10-2024 by Ord. No. 2024-195; 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(3).
A.
Permitted principal uses.
(1)
Multifamily dwellings.
(2)
Business, professional, and/or governmental offices.
(3)
Stores and shops for sales at retail, or the performance of customary personal services. Massage establishment is not included and is a special permit use.
(4)
Hotels.
(5)
Restaurants.
(6)
Health clubs.
(7)
Banks.
(8)
Libraries and museums.
(9)
Railroad stations.
(11)
Houses of worship.
(12)
Manufacture of products for retail sale, provided that a minimum of 30% of the gross floor area be dedicated to retail sales of the product, with such retail space located on the street level at the building's street frontage.
(13)
Experiential uses.
(14)
Adult-use cannabis retail dispensary located entirely within the ground floor of an enclosed building, subject to Liquor Store Hours, and as licensed by the New York State Office of Cannabis Management.
(15)
Adult on-site cannabis consumption lounges located entirely within the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours, but not later than 11:00 p.m., and as licensed by the New York State Office of Cannabis Management.
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)
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
(3)
Sports courts.
(5)
Light manufacturing 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.
C.
Uses allowed by special permit.
(2)
(Reserved)
(3)
Schools located only on the second floor and above.
(11)
Craft beverage production facilities as regulated by § 331-113.10.
(12)
eSports.
(13)
Tasting rooms as regulated by § 331-113.12.
(14)
Discount variety stores as regulated by § 331-113.13.
(18)
Massage establishment.
§ 331-49 ROS Recreation Open Space District.
See § 331-28B(4).
A.
Permitted principal uses.
[Added 6-19-2007 by Ord. No. 165-2007]
(1)
Passive Recreational Use.
(2)
Active Recreational Use, provided that any land or Structure which contains a new Active Recreational Use or an Expansion of Active Recreational Use and which requires alteration by grading, drainage systems, Structures and/or the creation of artificial or non-natural playing surfaces shall require site plan approval in accordance with Article XIII herein.
(3)
Botanical gardens and arboretums.
(4)
Marinas and docks.
(5)
Public and private 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.
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]
(1)
Cemeteries, including associated facilities, such as mausoleums, columbariums, crematories, chapels, maintenance facilities and dwellings for a caretaker or watchman.
(2)
Landscape nurseries and vegetable farms.
(3)
Commercial facilities incidental to the operation of recreational uses, including refreshment stands accessory to outdoor eating, pro-shops, pushcart vendors, produce and flower markets, and similar incidental uses, but not including any commercial use on public property that would alienate dedicated parklands.
(5)
Public and nonprofit cultural facilities, including libraries, museums, theaters, and similar uses.
(6)
Public membership club and community purpose recreational buildings and pavilions, whose total enclosed area exceeds 10% of the lot area
(7)
Outdoor artificial ice skating rinks.
(8)
Water collection, storage and distribution uses, such as reservoirs, tanks, dams, water treatment plants, pumping stations and drainage channels.
(9)
Lighting of all outdoor recreational activity for nighttime use.
(10)
Boat launches, boat ramps.
§ 331-50 WR Water Related District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(5).
A.
Permitted principal uses; 1.0 Maximum FAR for the following water-dependent uses:
(1)
Pier, dock, marina, boat launching and boat storage.
(2)
Boat building and boat/sail repair.
(3)
Boat service facility, including the sale and storage of fuel, lubricants, parts, accessories, ice, bait as an incidental marina use.
(4)
Dry boat storage for boats 16 feet or longer.
(5)
Tanks and pumps for dispensing gasoline and fuel for motors.
(6)
Establishments for the sale and rental of boats, motors and accessories.
(7)
Ferry, water taxi, excursion, fishing and charter boat services.
(8)
Beach, park, promenade, boardwalk at or near the water's edge.
(9)
Navigation aids, marine police and fire station, public utility structure, municipal use.
(10)
Public parks and public open space.
(11)
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.
(3)
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
(5)
Facilities for the pumping out of marine holding tanks.
(6)
Shore protection structures.
C.
Uses allowed by special permit by the City Council.* (See Article XII for body having jurisdiction to issue special permit.)
(1)
0.25 maximum FAR for the following non-water-dependent uses:
(a)
Aquarium, maritime museum, marine sciences institute.
(b)
Inn, bed and breakfast, hotel.
(c)
Enclosed sports/amusement/recreation complex.
(d)
Retail sales and service establishments.
(e)
Business, professional or government offices.
(f)
Studios, theater, auditorium (up to a capacity of 80 people).
(g)
Enclosed restaurant with outdoor dining.
(h)
Indoor sports courts and billiard rooms.
(i)
Parking lots for the storage of passenger vehicles and enclosed garages for not more than two commercial vehicles.
(j)
Greenhouse, nursery, arboretum.
(k)
Boatyards.
(m)
Municipal uses.
(n)
Yacht, boat, rowing, beach, and other water-dependent membership clubs as regulated by § 331-45D.
(o)
Massage establishment.
(3)
1.0 FAR for other uses, including:
(a)
Dry boat storage for vessels under 16 feet in length.
*NOTE: All special permit non-water-dependent buildings and uses shall be subject to waterfront design guidelines, which shall encourage nautical building design decoration, water-orientation and views, salt water-tolerant vegetation, lighting, and screening. |
§ 331-51 PWD-3 Planned Waterfront Development - 3-Story District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 9-17-2014 by Ord. No. 124-2014; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(6).
A.
Permitted principal uses; 1.0 Maximum FAR for the following water-dependent uses:
(1)
Pier, dock, marina, boat launching and wet boat storage.
(2)
Boat building and boat/sail repair.
(3)
Boat service facilities, including the sale and storage of fuel, lubricants, parts, accessories, ice and bait as an incidental marina use.
(4)
Dry boat storage for boats 16 feet or longer.
(5)
Tanks and pumps for dispensing gasoline and fuel for motors.
(6)
Establishments for the sale of boats, motors, and accessories.
(7)
Ferry, water taxi, excursion, fishing and charter boat services.
(8)
Beach, park, promenade, boardwalk at or near the water's edge.
(9)
Navigation aids, marine police and fire station.
(10)
Public parks and public open space.
(11)
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.
(3)
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
(5)
Facilities for the pumping out of marine holding tanks.
(6)
Shore protection structures.
C.
Uses allowed by special permit by the City Council.* (See Article XII for body having jurisdiction to issue special permit.)
(1)
0.40 Maximum FAR for the following nonresidential uses:
(a)
Aquarium, maritime museum, marine sciences institute.
(b)
Inn, bed-and-breakfast, hotel.
(c)
Enclosed sports/amusement/recreation complex.
(d)
Dry boat storage for vessels under 16 feet in length.
(e)
Retail sales and service establishments.
(f)
Studios, theater, auditorium (up to a capacity of 200 people).
(g)
Enclosed restaurant with outdoor dining.
(h)
Greenhouse, nursery, arboretum.
(i)
Municipal uses.
(j)
Yacht, boat, rowing, beach, and other water-dependent membership clubs subject to the criteria in § 331-115.
(l)
Cabarets accessory to a restaurant use.
(m)
Massage establishment.
(2)
0.40 maximum FAR (maximum 15 dwelling units per acre) for the following residential uses:
(a)
One-family attached and detached dwelling.
(b)
Two-family dwellings.
(c)
Multifamily dwellings.
*NOTE: All special permit non-water-dependent buildings and uses shall be subject to waterfront design guidelines, which shall encourage nautical building design decoration, water orientation and views, salt-water-tolerant vegetation, lighting, and screening. |
§ 331-52 PWD-5 Planned Waterfront Development - 5-Story District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 9-17-2014 by Ord. No. 124-2014; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(6).
A.
Permitted principal uses; 1.0 maximum FAR for the following principal uses:
(1)
Pier, dock, marina, boat launching and wet boat storage.
(2)
Boat building and boat/sail repair.
(3)
Boat service facilities, including the sale and storage of fuel, lubricants, parts, accessories, ice and bait as an incidental marina use.
(4)
Dry boat storage for boats 16 feet or longer.
(5)
Tanks and pumps for dispensing gasoline and fuel for motors.
(6)
Establishments for the sale of boats, motors, and accessories.
(7)
Yacht, boat, rowing, beach and other water-dependent membership clubs.
(8)
Ferry, water taxi, excursion, fishing and charter boat services.
(9)
Beach, park, promenade, boardwalk at or near the water's edge.
(10)
Navigation aids, marine police and fire station.
(11)
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.
(3)
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
(5)
Facilities for the pumping out of marine holding tanks.
(6)
Shore protection structures.
C.
Uses allowed by special permit by the City Council.* (See Article XII for body having jurisdiction to issue special permit.)
(1)
0.75 maximum FAR for the following nonresidential uses:
(a)
Aquarium, maritime museum, marine sciences institute.
(b)
Inn, bed-and-breakfast, hotel.
(c)
Conference center, exhibition halls, theater.
(d)
Enclosed sports/amusement/recreation complex.
(e)
Dry boat storage for vessels under 16 feet in length.
(f)
Retail sales and service establishments.
(g)
Business, professional or government offices.
(h)
Studios, theater, auditorium (up to a capacity of 200 people).
(i)
Enclosed restaurant with outdoor dining.
(j)
Greenhouse, nursery, arboretum.
(k)
Municipal uses.
(l)
Yacht, boat, rowing, beach, and other water-dependent membership clubs as regulated by § 331-115.
(n)
Cabarets accessory to a restaurant use.
(o)
Massage establishment.
(2)
0.75 maximum FAR (maximum 30 dwelling units per acre) for the following residential uses:
(a)
One-family attached and detached dwelling.
(b)
Two-family dwellings.
(c)
Multifamily dwellings.
*NOTE: All special permit non-water-dependent buildings and uses shall be subject to waterfront design guidelines, which shall encourage nautical building design decoration, water-orientation and views, salt-water-tolerant vegetation, lighting, and screening. |
§ 331-53 PWD-8 Planned Waterfront Development - 8-Story District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(6).
A.
Permitted principal uses; (1.0 FAR) 1.0 maximum FAR for the following principal uses:
(1)
Pier, dock, marina, boat launching, and wet boat storage.
(2)
Boat building and boat/sail repair.
(3)
Boat service facilities including the sale of fuel, lubricants, parts, accessories, ice, and bait as an incidental marina use.
(4)
Dry boat storage for vessels 16 feet or longer in length.
(5)
Tanks and pumps for dispensing gasoline and fuel for motors.
(6)
Establishments for the sale and rental of boats, motors, and accessories.
(7)
Yacht, boat, rowing, beach and other water-dependent membership clubs.
(8)
Ferry, water taxi, excursion, fishing and charter boat services.
(9)
Beach, park, promenade, boardwalk at or near the water's edge.
(10)
Navigation aids, marine police and fire station.
(11)
Public parks and public open space.
(12)
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.
(3)
Satellite earth station or dish antennas as regulated by § 331-24, but only when accessory to a permitted principal use on the lot on which it is located.
(5)
Facilities for the pumping out of marine holding tanks.
(6)
Shore protection structures.
C.
Uses allowed by special permit by the City Council.* (See Article XII for body having jurisdiction to issue special permit.)
(1)
0.40 maximum FAR for the following nonresidential uses:
(a)
Aquarium, maritime museum, marine sciences institute.
(b)
Inn, bed-and-breakfast, hotel.
(c)
Enclosed sports/amusement/recreation complex.
(d)
Non-water-dependent membership club.
(e)
Dry boat storage for vessels under 16 feet in length.
(f)
Retail sales and service establishments.
(g)
Business, professional or government offices.
(h)
Studios, theater, auditorium (up to a capacity of 500 people).
(i)
Enclosed restaurant with outdoor dining.
(j)
Greenhouse, nursery, arboretum.
(k)
Municipal uses.
(l)
Conference center, exhibition halls, theater.
(m)
Theme or amusement park.
(n)
Prime or back office space.
(o)
Research and development and light manufacturing of high-tech products or services.
(p)
For-profit medical, educational, research or other institutional uses.
(q)
Market rate congregate care and assisted living facilities.
(s)
Massage establishment.
(2)
0.75 maximum FAR (maximum 22 dwelling units per acres) for the following residential uses:
(a)
One-family attached and detached dwelling.
(b)
Two-family dwellings.
(c)
Multifamily dwellings, including independent living senior developments.
*NOTE: All special permit non-water-dependent buildings and uses shall be subject to waterfront design guidelines, which shall encourage nautical building design decoration, water-orientation and views, salt-water-tolerant vegetation, lighting, and screening. |
§ 331-54 MUFE Mixed Use Family Entertainment District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 7-15-2003 by Ord. No. 167-2003; 3-20-2012 by Ord. No. 50-2012; 9-17-2014 by Ord. No. 124-2014; 7-18-2017 by Ord. No. 152-2017; 10-18-2017 by Ord. No. 205-2017; 2-12-2019 by Ord. No. 2019-42; 5-21-2019 by Ord. No. 2019-105; 12-16-2019 by Ord. No. 2019-268; 2-11-2020 by Ord. No. 2020-29; 12-10-2024 by Ord. No. 2024-195; 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(7).
A.
Permitted principal uses.
(1)
Stores and shops for sales at retail or the performance of customary personal services. Massage establishment is not included and is a special permit use.
(2)
Business, professional, or governmental offices.
(3)
Banks.
(4)
Restaurants.
(5)
Indoor skating rinks.
(6)
Dance studios, martial arts studios, aerobic exercise studios.
(7)
Health clubs.
(8)
Theaters.
(9)
Hotels.
(10)
Fully enclosed amusement establishments.
(12)
Houses of worship.
(13)
Manufacture of products for retail sale, provided that a minimum of 30% of the gross floor area be dedicated to retail sales of the product, with such retail space located on the street level at the building's street frontage.
(14)
Experiential uses.
(15)
Adult-use cannabis retail dispensary located entirely within the ground floor of an enclosed building, subject to Liquor Store Hours, and as licensed by the New York State Office of Cannabis Management.
(16)
Adult on-site cannabis consumption lounges located entirely within the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours, but not later than 11:00 p.m., and as licensed by the New York State Office of Cannabis Management.
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.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(3)
Family entertainment center.
(4)
Bars.
(8)
Craft beverage production facilities as regulated by § 331-113.10.
(9)
eSports.
(10)
Tasting rooms as regulated by § 331-113.12.
(11)
Discount variety stores as regulated by § 331-113.13.
(16)
Massage establishment.
§ 331-54.1 North Avenue Zone.
[Added 12-14-2010 by Ord. No. 203-2010; amended 3-20-2012 by Ord. No. 50-2012; 6-18-2013 by Ord. No. 121-2013; 9-17-2014 by Ord. No. 124-2014; 9-19-2017 by Ord. No. 187-2017; 12-12-2017 by Ord. No. 251-2017; 5-21-2019 by Ord. No. 2019-105; 2-11-2020 by Ord. No. 2020-29; 3-15-2022 by Ord. No. 2022-37; 12-10-2024 by Ord. No. 2024-195; 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(8).
A.
Permitted principal uses.
(1)
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
(2)
Business, professional, or governmental offices.
(3)
Stores and shops exclusively for sales at retail or the performance of customary personal services. Massage establislunent is not included and is a special permit use.
(4)
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.
(5)
Retail laundries or retail dry cleaners.
(6)
Banks.
(7)
Restaurants (except as regulated in § 331-54.1C).
(8)
Restaurants, carry-out.
(9)
Dance studios, martial arts studios, aerobic exercise studios.
(10)
Community purpose buildings.
(11)
Houses of worship.
(12)
Business or trade school, to be located above the first floor.
(13)
Experiential uses.
(14)
Adult-use cannabis retail dispensary located entirely within the ground floor of an enclosed building, subject to Liquor Store Hours, and as licensed by the New York State Office of Cannabis Management.
(15)
Adult on-site cannabis consumption lounges located entirely within the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours, but not later than 11:00 p.m., and as licensed by the New York State Office of Cannabis Management.
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.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(2)
Schools.
(3)
Catering establishments.
(7)
Off-street parking facilities.
(8)
Medical care facilities.
(9)
Cabarets accessory to a restaurant use but not within the North Avenue College District and not within 1,500 feet from a main college entrance as regulated by § 331-113.2.
(10)
College-related uses within 1,500 feet from the main college entrance of the college and/or university to which use is accessory, provided the standards and conditions as regulated by and in accordance with § 331-113.7 are met.
(11)
Lounge as accessory to a restaurant use.
(12)
Restaurants with extended hours of operation as per § 331-113.11.
(13)
Discount variety stores as regulated by § 331-113.13.
(17)
Massage establishment.
§ 331-54.2 NB-H Neighborhood Business-Hospital District.
[Added 3-15-2016 by Ord. No. 75-2016; amended 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
See § 331-28B(9).
A.
Permitted principal uses.
(2)
Clinical or Medical Laboratory.
(3)
Community Facility.
(4)
Day-Care Center.
(5)
Dispensaries.
(6)
Dormitories related to medical use educational facilities.
(7)
Educational facilities related to medical uses.
(8)
Medical Care Facility.
(9)
Medical and Dental Offices.
(10)
Medical Laboratory.
(11)
Mixed-use with multifamily located above commercial uses as set forth in this section (§ 331-54.2).
(12)
Multifamily Dwelling, including Senior Citizen Housing.
(13)
Research and Development.
(14)
Residential Care Facility.
(15)
Adult-use cannabis retail dispensary located entirely within the ground floor of an enclosed building, subject to Liquor Store Hours, and as licensed by the New York State Office of Cannabis Management.
(16)
Adult on-site cannabis consumption lounges located entirely within the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours, but not later than 11:00 p.m., and as licensed by the New York State Office of Cannabis Management.