New Rochelle City Zoning Code
ARTICLE VIII
Uses in Commercial and Industrial Districts
§ 331-55 C-1M General Commercial Modified District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 4-13-2009 by Ord. No. 71-2009; 3-23-2010 by Ord. No. 55-2010; 3-20-2012 by Ord. No. 50-2012; 2-19-2013 by Ord. No. 39-2013; 9-17-2014 by Ord. No. 124-2014; 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 § 331-28C(1).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices, excluding medical and dental offices.
(2)
Stores and shops exclusively for sales at retail or the performance of customary personal services. Massage establishment is not included and is a special permit use.
(3)
Large scale major retail outlets.
(4)
Theaters up to a capacity of 200 persons.
(5)
Bowling alleys.
(6)
Skating rinks.
(7)
Indoor tennis courts and indoor racquetball and squash courts.
(8)
Banks.
(9)
Restaurants.
(10)
Boatyards.
(11)
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.
(12)
Municipal uses.
(13)
Houses of worship.
(14)
Martial arts studios, dance studios and aerobic exercise studios.
(15)
College-related uses within 1,500 feet of the college and/or university's main administrative building.
(16)
Experiential uses.
(17)
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.
(18)
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)
Motor vehicle storage areas and related parking.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(9)
Cabarets accessory to a restaurant shall be permitted when the C1-M District is located in the Cabaret Overlay Zone only as regulated by § 331-113.2.
(10)
Discount variety stores as regulated by § 331-113.13.
(14)
Massage establishment.
§ 331-56 NB Neighborhood Business District.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 4-13-2009 by Ord. No. 71-2009; 7-19-2011 by Ord. No. 135-2011; 3-20-2012 by Ord. No. 50-2012; 3-18-2014 by Ord. No. 52-2014; 9-17-2014 by Ord. No. 124-2014; 5-17-2016 by Ord. No. 117-2016; 9-19-2017 by Ord. No. 187-2017; 5-21-2019 by Ord. No. 2019-105; 2-11-2020 by Ord. No. 2020-29; 10-19-2021 by Ord. No. 2021-150; 7-18-2023 by Ord. No. 2023-142; 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
See § 331-28C(2).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Stores and shops exclusively for sale at retail or the performance of customary personal services. Massage Establishment is not included and is a special permit use. Notwithstanding the foregoing, stores and shops exclusively for retail sale located within 150 feet of a residential district or use shall not exceed 3,000 square feet, including all accessory spaces, unless the current parking requirements are met on site.
(3)
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.
(4)
Retail laundries or retail dry cleaners.
(5)
Banks.
(6)
Restaurants.
(7)
Restaurants, carry-out.
(8)
Health clubs.
(9)
Community purpose buildings.
(11)
Houses of worship.
(12)
Martial arts studios, dance studios and aerobic exercise studios.
(13)
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
(14)
Animal hospitals.
(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.)
(1)
(Reserved)
(2)
Schools.
(3)
Catering establishments.
(9)
(Reserved)
(12)
Cabarets as accessory to a restaurant use shall be permitted when the NB District is located in the Cabaret Overlay Zone only as regulated by § 331-113.2.
(13)
Discount variety stores as regulated by § 331-113.13.
(18)
Massage establishment.
§ 331-56.1 NB-2.0 Neighborhood Business 2.0 District.
[Added 9-20-2018 by Ord. No. 2018-184; amended 5-21-2019 by Ord. No. 2019-105; 2-11-2020 by Ord. No. 2020-29; 10-19-2021 by Ord. No. 2021-150; 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Stores and shops exclusively for sale at retail or the performance of customary personal services. Massage establishment is not included and is a special permit use. Notwithstanding the foregoing, stores and shops exclusively for retail sale located within 150 feet of a residential district or use shall not exceed 3,000 square feet, including all accessory spaces, unless the current parking requirements are met on site.
(3)
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.
(4)
Retail laundries or retail dry cleaners.
(5)
Banks.
(6)
Restaurants.
(7)
Restaurants, carry-out.
(8)
Health clubs.
(9)
Community purpose buildings.
(11)
Houses of worship.
(12)
Martial arts studios, dance studios and aerobic exercise studios.
(13)
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
(14)
Animal hospitals.
(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.)
§ 331-57 DB Downtown Business District.
[Amended 7-16-2002 by Ord. No. 139-2002; 7-15-2003 by Ord. No. 167-2003; 2-13-2007 by Ord. No. 48-2007; 3-23-2010 by Ord. No. 55-2010; 2-19-2013 by Ord. No. 39-2013; 6-18-2013 by Ord. No. 121-2013; 9-17-2014 by Ord. No. 124-2014; 2-24-2015 by Ord. No. 41-2015; 6-16-2015 by Ord. No. 135-2015; 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; 1-21-2020 by Ord. No. 2020-11; 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 § 331-28C(3).
A.
Permitted principal uses.
(1)
Stores and shops for sales at retail or the performance of customary personal services, excluding massage establishment which is a special permit use and the sale of building materials, stone, lumber, coal, other fuels or other materials or products.
(2)
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
(3)
Business, professional, or governmental offices, to be located above first floor.
(4)
Banks.
(5)
Business or trade schools, to be located above first floor.
(6)
Restaurants.
(7)
Restaurants, carry-out.
(8)
Catering halls.
(9)
Dance studios, martial arts studios, aerobic exercise studios, and health clubs.
(10)
(Reserved)
(11)
Theaters, bowling alleys, skating rinks, indoor tennis courts.
(12)
(Reserved)
(13)
Medical care facilities, to be located above first floor.
(15)
Houses of worship.
(16)
College-related uses.
(17)
Hotels.
(18)
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.
(19)
Experiential uses.
(20)
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.
(21)
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.)
(1)
(Reserved)
(2)
(Reserved)
(3)
(Reserved)
(7)
Businesses which store, package and ship products to wholesale or catalog retail establishments which utilize the internet.
(8)
Craft beverage production facilities as regulated by § 331-113.10.
(11)
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.
(14)
eSports.
(15)
Tasting rooms as regulated by § 331-113.12.
(16)
Discount variety stores as regulated by § 331-113.13.
(20)
Massage establishment.
§ 331-57.1 (Reserved) [1]
[1]
Editor’s Note: Former § 331-57.1, WDB-F West Downtown Business Floating District, added 7-19-2005 by Ord. No. 182-2005, was repealed 12-8-2015 by Ord. No. 233-2015.
§ 331-58 LSR Large Scale Retail District.
[Amended 7-16-2002 by Ord. No. 139-2002; 9-16-2003 by Ord. No. 204-2003; 4-20-2004 by Ord. No. 90-2004; 7-20-2004 by Ord. No. 165-2004; 3-15-2005 by Ord. No. 61-2005; 2-13-2007 by Ord. No. 48-2007; 7-19-2011 by Ord. No. 135-2011; 3-20-2012 by Ord. No. 50-2012; 10-21-2014 by Ord. No. 167-2014; 11-15-2016 by Ord. No. 233-2016; 11-15-2016 by Ord. No. 242-2016; 9-19-2017 by Ord. No. 187-2017; 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 §§ 331-28C(4) and 331-74.
A.
Permitted principal uses.
(1)
Large scale retail facilities.
(2)
Stores and shops exclusively for sales at retail or the performance of customary personal services. Massage establishment is not included and is a special permit use.
(3)
Business, professional, or governmental offices.
(4)
Houses of worship.
(5)
National brand retail establishment, including accessory fully enclosed storage, repair, servicing, and customizing of merchandise sold by the national brand retailer and other complementary accessory uses, which accessory uses shall not constitute more than 40% of the total gross floor area of the establishment.
(6)
Enclosed tennis, squash, handball and/or racquetball court facility.
(7)
Indoor wall or rock climbing facility.
(8)
Restaurants and Carry-Out Restaurants.
(9)
Banks.
(10)
Experiential uses.
(11)
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.
(12)
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.
§ 331-58.1 LSR-1 - Large Scale Retail District.
[Added 11-15-2016 by Ord. No. 244-2016; amended 9-19-2017 by Ord. No. 187-2017; 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]
A.
Permitted principal uses.
(1)
Large-scale retail facilities.
(2)
Stores and shops exclusively for sales at retail or the performance of customary personal services. Massage establishment is not included and is a special permit use.
(3)
Business, professional, or governmental offices.
(4)
Houses of worship.
(5)
National brand retail establishment, including accessory fully enclosed storage, repair, servicing, and customizing of merchandise sold by the national brand retailer and other complementary accessory uses, which accessory uses shall not constitute more than 40% of the total gross floor area of the establishments.
(6)
Enclosed tennis, squash, handball and/or racquetball court facility.
(7)
Indoor wall- or rock-climbing facility.
(8)
Restaurants and carry-out restaurants.
(9)
Banks.
(10)
Health clubs.
(11)
Self-storage facilities.
(12)
Municipal facilities.
(13)
Outdoor storage of motor vehicles.
(14)
Motor vehicle dealership.
(15)
Experiential uses.
(16)
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.
(17)
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.
§ 331-59 LI Light Industry District.
See § 331-28C(5).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings.
(3)
Medical laboratories.
(4)
Animal hospitals.
(5)
Printing plants.
(6)
Wholesale businesses, including storage, warehousing and distribution, in fully enclosed buildings.
(7)
Enclosed storage of passenger vehicles.
(8)
Health and recreational clubs.
(9)
Radio stations and transmission towers.
(10)
Houses of worship.
(11)
Stores and shops for sales at retail, provided that such products are manufactured or assembled on the premises and that not more than 30% of the gross floor area of the structure on the premises shall be devoted to such retail use.
[Added 12-10-2002 by Ord. No. 229-2002]
(12)
Motor vehicle rental agency.
[Added 5-21-2003 by Ord. No. 106-2003]
(13)
Self-storage facility.
[Added 4-20-2004 by Ord. No. 90-2004]
(14)
Storage of commercial or industrial vehicles or construction equipment in fully enclosed buildings.
[Added 4-20-2004 by Ord. No. 90-2004]
(15)
Open or enclosed storage of passenger and commercial vehicles, provided that the proposed parking area is in accordance with the supplementary regulations applicable to the same.
[Added 7-19-2011 by Ord. No. 137-2011]
(16)
Animal day care.
[Added 10-20-2015 by Ord. No. 203-2015]
(17)
Recreational 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.
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)
Motor vehicle dealerships.
(3)
Outdoor storage of motor vehicles.
(8)
Motor vehicle service or repair facility as regulated by § 331-101.
[Added 5-21-2003 by Ord. No. 106-2003]
(9)
Motor vehicle filling or service station as regulated by § 331-100.
[Added 5-21-2003 by Ord. No. 106-2003]
§ 331-59.1 LI-H Light Industry Hotel District.
[Added 10-16-2018 by Ord. No. 2018-218]
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings.
(3)
Medical laboratories.
(4)
Animal hospitals.
(5)
Printing plants.
(6)
Wholesale businesses, including storage, warehousing and distribution, in fully enclosed buildings.
(7)
Enclosed storage of passenger vehicles.
(8)
Health and recreational clubs.
(9)
Radio stations and transmission towers.
(10)
Houses of worship.
(11)
Stores and shops for sales at retail, provided that such products are manufactured or assembled on the premises and that not more than 30% of the gross floor area of the structure on the premises shall be devoted to such retail use.
(12)
Motor vehicle rental agency.
(13)
Self-storage facility.
(14)
Storage of commercial or industrial vehicles or construction equipment in fully enclosed buildings.
(15)
Open or enclosed storage of passenger and commercial vehicles, provided that the proposed parking area is in accordance with the supplementary regulations applicable to the same.
(16)
Animal day care.
(17)
Recreational uses.
(18)
Hotels.
(19)
Restaurants.
(20)
Bars and nightclubs.
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.
§ 331-60 I Industry District.
See § 331-28C(6).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings.
(3)
Medical laboratories.
(4)
Animal hospitals.
(5)
Printing plants.
(6)
Wholesale businesses, including storage, warehousing and distribution, in fully enclosed buildings.
(7)
Storage of motor vehicles.
(8)
Health and recreational clubs.
(9)
Radio stations and transmission towers.
(10)
Storage of commercial or industrial vehicles or construction equipment.
(12)
Trucking terminals and truck trailer storage.
(13)
Houses of worship.
(14)
Motor vehicle service or repair facility.
[Added 5-21-2003 by Ord. No. 106-2003]
(15)
Motor vehicle filling or service station.
[Added 5-21-2003 by Ord. No. 106-2003]
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.
§ 331-61 Additional regulations for nonresidence districts.
A.
Bars and cabarets. No bar or cabaret shall be permitted to be established or operated within a five-hundred-foot walking distance of any other such establishment as measured by the shortest route of ordinary pedestrian traffic in public rights-of-way between such establishments' closest respective main normal public entrances, except as noted in § 331-85.5. This section shall not preclude restaurants from locating within 500 feet of each other.
[Amended 7-15-2003 by Ord. No. 167-2003; 10-15-2024 by Ord. No. 2024-165]
B.
Outdoor manufacturing areas. In districts where outdoor manufacturing is permitted, the area devoted to such use shall not be permitted to exceed 50% of the total buildable area of the lot upon which it is located, and shall be completely screened from neighboring street(s) and properties to the satisfaction of the approving agency or the Building Official, as appropriate.
C.
Yards abutting residential districts. On any lots abutting or straddling a residence district, the dimension of the rear yard abutting the residence district shall be not less than 30 feet. The dimension of the side yard abutting the residence district shall be not less than 20 feet in the least dimension. In all other instances where yards are provided, the least dimensions of such yards, other than a front yard in an LI or I District, shall be five feet.
D.
Unsafe buildings.
(1)
No building or portions thereof shall be permitted to remain in any zoning district after total or partial destruction or damage by fire, action of the elements or any other cause on or after the effective date of this chapter, where the use for which such building was erected or to which it was put prior to such destruction or damage is forbidden by any provision by law, statute or ordinance by reason of such destruction or damage or is discontinued by the owner, occupant or lessee thereof, unless all necessary building and/or other permits are obtained and the reconstruction, restoration or repair of such building is commenced within 90 days of such destruction or damage and fully completed within six months thereafter.
(2)
No building or portion thereof which has been totally or partially destroyed or damaged by fire, action of the elements or any other cause, prior to the effective date of this chapter, where the use for which such building was erected or to which it was put prior to such destruction or damage is forbidden by any provision by law, statute or ordinance by reason of such destruction or damage or has been discontinued by the owner, occupant or lessee thereof, and the reconstruction, restoration or repair of such building has not been commenced on or prior to the effective date of this chapter, shall be permitted to remain in any zoning district more than 30 days after the effective date of this chapter unless all necessary building and/or other permits are obtained for and the reconstruction, restoration or repair of such building is commenced within 60 days of such destruction and fully completed within six months thereafter.
(3)
In any case where reconstruction, restoration or repair cannot be completed within six months of such destruction or damage, the Building Official, for good cause shown, may grant one or more extensions of time, not exceeding a total of six months.
E.
Lot frontage. In special cases, such as on culs-de-sac and along curved sections of streets, the Planning Board shall have the discretionary authority, upon good cause shown in approving subdivisions, to reduce the lot frontage requirement, but in no case shall the minimum lot frontage be less than 15 feet.
F.
Lot area. Applying to residence districts, the area of corner lots may be less than the required minimum by the amount dedicated in order to create a curve at the intersection of street lines in accordance with the provisions of any other codes or ordinances or any requirements of the Planning Board.
H.
Drive-in facility. A drive-in facility shall be prohibited when such facility is located on a lot which is adjacent to a residentially zoned district.
[Added 2-10-2004 by Ord. No. 23-2004; amended 2-24-2004 by Ord. No. 37-2004; 9-21-2004 by Ord. No. 198-2004]
I.
Extended hours. Any self-service or retail establishment, convenience store, carry-out restaurant, restaurant, animal day care, motor vehicle filling station or motor vehicle service station shall be prohibited to operate during extended hours when such facility is located on a lot which is adjacent or within 150 feet of a residentially zoned district. This regulation shall not apply to pharmacies and their related uses within the Downtown Overlay Zone that are a minimum of 50 feet from a residentially zoned parcel.[1]
[Added 9-21-2004 by Ord. No. 198-2004; amended 2-21-2012 by Ord. No. 35-2012; 9-17-2014 by Ord. No. 124-2014; 10-20-2015 by Ord. No. 203-2015; 11-15-2016 by Ord. No. 238-2016]
[1]
Editor's Note: Former Subsection J, Retail tobacco, vape and similar nicotine products, added 7-18-2017 by Ord. No. 153-2017, which immediately followed, was repealed 1-21-2025 by Ord. No. 2025-19.