Dellwood Dairy Co. v. City of New Rochelle

The sole issue is whether the presence of a coin-operated milk vending machine, installed in the basement of an apartment house located in a restricted residential zone, violates the Zoning Law of the City of New Bochelle, which prohibits any business in B-5 District except ‘ ‘ Accessory uses customarily incident to the above uses ” (New Bochelle Zoning Law, art. VII, § 1, subd. [e]). An “ accessory use ” is defined as “ a use customarily incidental and subordinate to the main use conducted on the lot, whether such accessory use is to be conducted in a main or accessory building ” (art. XI).…