[1]
Editor's Note: Former § 240-29,
Office Building District: OB-2, was repealed 11-5-2003 by L.L. No.
22-2003.
[Amended 4-17-1963; 5-5-1976; 6-2-1976; 12-7-1988 by L.L. No. 8-1988; 4-4-1990 by L.L. No.
2-1990; 3-4-1998 by L.L. No. 4-1998; 2-6-2002 by L.L. No. 4-2002; 9-18-2013 by L.L. No. 5-2013]
A.
Principal uses.
(1)
Store for sale of goods at retail or performance of customary personal
services or service clearly incidental to retail sales, but no fabrication
or manufacturing except incidental to and on the same premises as
such retail sales. The hours of operation for all retail uses shall
be from 6:00 a.m. to 12:00 midnight.
(2)
(Reserved)
(3)
Indoor recreation or amusement establishments.
(4)
Business or professional offices.
(5)
Multifamily housing.
(6)
Municipal uses.
(7)
Public utility structures serving a local area.
(8)
Places of worship.
B.
Special permit uses, subject to conformance to additional standards as provided herein and in Article IX (§§ 240-60 to 240-65).
(1)
Educational facility.
(2)
Radio, television and other electronic transmission structures and
towers.
(3)
Library.
(4)
Veterinary hospital, boarding and care of small pets.
(5)
Undertaking and funeral homes.
(6)
Newspaper printing and publishing.
(7)
Nursery use for the sale of plants, trees, shrubbery, nursery stock,
seeds, nursery supplies, fertilizers, soil conditioners, garden hand
tools and accessories and gardener's masonry and incidental supplies
(fruits, vegetables and food not permitted). The land area shall be
60,000 square feet or more if used for nursery business purposes.
C.
Except for food-related retail uses that satisfy the criteria of § 240-30E, the hours of operation for all food-related retail uses listed below shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or state law controls the hours of operation for such use.
(1)
Restaurants, as defined in this chapter.
(a)
The minimum setback from a fully enclosed trash disposal area
associated with a food-related retail use and an adjacent residential
property line shall be 25 feet.
(2)
Take-out food establishment, delicatessen or convenience store, as
defined in this chapter, subject to the following conditions:
(a)
Such use shall not be located within 300 feet of the lot line
of any other such use, or any legal and/or legal nonconforming food-related
retail use, within or outside the boundaries of the Town.
(b)
Drive-through service shall be prohibited.
(c)
Access to all food-related retail uses shall be via a major
arterial.
(d)
The minimum setback from a fully enclosed trash disposal area
associated with a food-related retail use and an adjacent residential
property line shall be 25 feet.
(f)
When a proposal for a new and/or expanded stand-alone fast-food restaurant, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or site plan approval, such application shall also require Board of Architectural Review approval, pursuant to Chapter 3 of the Town Code.
(g)
A nonconforming fast-food establishment, as defined herein,
which seeks to convert to a co-branded fast-food establishment shall
require a use variance.
(5)
Ice cream/confectionary store.
(6)
Cafeteria.
(7)
Luncheonette.
E.
Any food-related retail use which regularly conducted such business
prior to April 14, 1998, shall not be required to limit its hours
of operation to the hours between 6:00 a.m. and 12:00 midnight but
can continue to operate such business during the hours that it was
conducting such business as of April 13, 1998; provided, however,
if such food-related retail use ceases to be a food-related retail
use for a period of one or more years, the hours of operation of any
food-related retail use which may commence operation at that site
thereafter shall be limited to the hours between 6:00 a.m. and 12:00
midnight, unless federal or state law controls the hours of operation
for such use.
[Added 4-4-1990 by L.L. No. 2-1990;
amended 3-4-1998 by L.L. No. 4-1998; 2-6-2002 by L.L. No. 4-2002; 9-18-2013 by L.L. No. 5-2013]
A.
Principal uses.
(1)
Indoor recreation or amusement establishments.
(2)
Business or professional offices.
(3)
The sale or hire of new or used motor vehicles, but no used car lot
except as accessory to a new car dealer.
(4)
Undertaking and funeral homes.
(5)
Newspaper printing and publishing.
(6)
Nursery use for the sale of plants, trees, shrubbery, nursery stock,
seeds, nursery supplies, fertilizers, soil conditioners, garden hand
tools and accessories and gardeners' incidental supplies (fruits,
vegetables and food not permitted).
(7)
Restaurants, as defined in this chapter.
(a)
Except for a restaurant which regularly conducted such business
prior to April 14, 1998, the hours of operation for all restaurants
shall be limited to the hours between 6:00 a.m. and 12:00 midnight,
unless federal or state law controls the hours of operation for such
use. Any restaurant which regularly conducted such business prior
to April 14, 1998, shall not be required to limit its hours of operation
to the hours between 6:00 a.m. and 12:00 midnight but can continue
to operate such business during the hours that it was conducting such
business as of April 13, 1998; provided, however, if such restaurant
ceases to be a restaurant for a period of one or more years, the hours
of operation of any restaurant that may commence operation at that
site thereafter shall be limited to the hours between 6:00 a.m. and
12:00 midnight, unless federal or state law controls the hours of
operation for such use.
(8)
Luncheonette.
(9)
Ice cream/confectionary store.
(10)
Wholesale or storage businesses in enclosed buildings.
(11)
Municipal uses.
(12)
Public utility structure serving a local area.
B.
Special uses.
(1)
Stores for the sale of goods at retail or performance of customary
personal services or a service clearly incidental to retail sales,
but no fabrication and/or manufacturing except incidental to and on
the same premises with such retail sales.
(2)
Gasoline filling stations and garages, including facilities for servicing
and repair.
(3)
Multifamily housing.
(4)
Radio, television or other electronic transmission structures.
(5)
Veterinary hospital, boarding and care of small pets.
(6)
Contractors' establishments.
(7)
Automatic car-washing facilities as an adjunct to existing gasoline
filling stations and/or public garages.
(8)
Fast-food restaurant, take-out food establishment, delicatessen or
convenience store, subject to the following conditions:
(a)
Such uses shall not be located within 300 feet of the lot line
of each other within or outside the boundaries of the Town.
(b)
Drive-through service shall be prohibited.
(c)
Access to all food-related retail uses shall be via a major
arterial.
(d)
The minimum setback from a fully enclosed trash disposal area
associated with a food-related retail use and an adjacent residential
property line shall be 25 feet.
(f)
When a proposal for a new and or expanded stand-alone take-out food establishment, delicatessen and/or convenience store requires either special permit and/or site plan approval, such application shall also require Board of Architectural Review approval pursuant to Chapter 3 of the Town Code. The Board of Architectural Review shall have the authority to modify or omit standardized facades, signs, materials, colors or other elements of the business's design and external appearance which violate the provisions of the Town's Sign Ordinance,[1] so as to achieve the Town's land use and design objectives.
(g)
An existing fast-food establishment, as defined herein, which
seeks to convert to a co-branded fast-food establishment shall require
a special permit.
A.
Principal uses.
(1)
Nonresidential uses as permitted in the Business District.
(2)
Wholesale and storage business, provided that all
storage is in buildings.
(3)
Building, plumbing, electrical and similar contractor's
establishments.
(4)
Laundry and dry cleaning.
(5)
Industrial uses, including the manufacture, fabrication,
processing, converting, altering, assembly or other handling of products,
the operations of which are conducted solely within a building, use
electrical power solely and normally are such that they will not cause
or result in any:
(a)
Dissemination of dust, smoke, observable gas
or fumes, odor, noise, vibration, radiation or interference with radio
or television reception beyond the limits of the building in which
the use is located.
(b)
Hazard of fire or explosion or other physical
hazard.
(c)
Harmful discharge of waste materials.
(d)
Unusual traffic hazard or congestion due to
the type of vehicles required in the use or due to the manner in which
traffic enters or leaves the site of the use.
(6)
Cellular telephone facility.
[Added 2-15-1995 by L.L. No. 3-1995]
[Amended 5-8-1991 by L.L. No. 4-1991]
In any area determined by the Town Board to be appropriate for designation under Article XV of the General Municipal Law as an urban renewal area, one or more of the following uses shall be permitted in accord with the provisions of an adopted urban renewal plan.
A.
Any permitted or special permit use in the Business District - B, in accord with the construction requirements therefor set forth in § 240-45.
[Amended 3-4-1998 by L.L. No. 4-1998]
B.
Multifamily dwellings as permitted in the Tower Apartment District - R-TA, in accord with the construction requirements therefor set forth in § 240-43, except that building height shall not exceed four stories or 44 feet and there shall be at least 1,750 square feet of lot area for each dwelling unit on the site.
C.
Affordable multifamily dwellings, where all units
comply with the definition of "affordable units" as adopted by resolution
by the Town Board of the Town of Mamaroneck, to be permitted in accord
with construction requirements to the extent they differ from those
of the R-TA District, on sites designated on the Zoning Map.
