§ 331-61. Additional regulations for nonresidence districts., Article VIII. Uses in Commercial and Industrial Districts, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

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. This section shall not preclude restaurants from locating within 500 feet of each other.

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.

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.

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.

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.

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.

Prohibited uses. Attached dwelling units and single-family cluster residences are not permitted in the R1-WF-10 Zone (See §§ 331-30 through 331-44.)

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]

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.

[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]

Retail tobacco, vape and similar nicotine products. Retail stores and shops primarily selling tobacco, vape and similar nicotine products shall not be located within 500 feet of the perimeter of any child day-care center, children's institution, playground, school premises or youth center.

[Added 7-18-2017 by Ord. No. 153-2017]