HomeMy WebLinkAbout1984_12_19_Local_Law_No_10 (Pint Ube th i Foram for ril nj your T.ot-3i Uw vrith the s crtbry of stmt)
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Local Law No. of tr;,r fray B
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The Zontug Ordinance of the Town of Mamaroneck is hereby amended
by amending Sections 89-49 through 89--53, to read as follows:
Section 89--49 Ap}l.icatious
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1. Applications for required special permits shall be made to the
Planning Board, Such applications shall, be accompanied by a fee
of One hundred (100) Dollars and be on a form prescribed by the
Planning Board requiring the following information:
a. Name of applicant and owner of property.
b. Location of property, Intersecting streets, and Tax Map .
description.
c. The present use at the proposed location for special permit,
d. The proposed use at the location for the special permit.
e. Any construction which will be required,
f. A list of all other permits or applications which must be
made by the applicant in order to proceed with the use.
g. The signature of the applicant with a certification that the
information contained in the application is true.
2. All applications shall be accompanied by an environmental clearance
form and environmental assessment form, both of which shall be in
such form as approved by the Planning Board,
3. The application shall be accompanied by fifteen (15) sets of plans
for the proposed development which shall show the location of
all buildings, parking areas, traffic access; and circulation
drives, open spaces, landscaping, .topography, special features,
any other pertinent information, including such information about
neighboring properties, that maybe necessary to determine and
provide for the enforcement of this ordinance. The plans
submitted shall contain a detailed architectural design of all
buildings and a landscaping plan, as well as plans and
Specifications for signs which the applicant proposes to use
in connection with the buildings to he erected.
4. Applicant shall submit a list of all property owners within a
three-Hundred foot radius of the subject property, along with
their addresses and a certification that the applicant has
compared the names and addresses with the records maintained
in the Town of Mamaroneck Assessor's Office and that said list
contains the names ayd addresses of all owners of property
within a three--hundred foot radius of the property which is the
subject of the application.
5.- Upon receipt of an application, the Planning Board shall send a
copy of the application and plans to the Police Department, mire
Department, Traffic Committee, Town Engineer., Building Inspector,
and any other agency it deems appropriate for review and comment.
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Section 89-50 Requirements
The Planning Board shall not grant a special permit unless, upon Public
Hearing, it determines the following;
I 1. That the proposed use is in general harmony with the surrounding
area and shall, not adversely impact upon adjacent properties
due to the traffic generated by said use, or the access of
traffic from said use onto and off of adjoining streets.
2. The operations in connection with the special permit use will
not be more objectionable to nearby properties by reason of
noise, fumes, vibration, flashing of lights, or other aspects
than would be the operations of any permitted use not requiring
- a special permit.
3. That the proposed special permit use will be in harmony with
the general health, safety, and welfare of the surrounding area,
and that by the nature of its particular location it will not
adversely impact upon surrounding properties or surrounding
property values.
4. That there are no existing violations of this ordinance on the
Property which is the subject of the application.
Section. 89--51 Hearings
1. Upon receipt of an application containing all necessary information
and plans, the Planning Board shall, within sixty (60) days of
receipt of a completed application, hold a Public Hearing on said
application upon ten (10) days public notice published in The
Daily Times and with further notice by regular mail to property
owners within a three-hundred foot radius of the property in
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2. That within sixty (60) days of the close of the Public Hearing,
the Planning Board shall render its decision, based upon the
evidence produced before it at the Public Hearing.
3. That the Planning Board shall grant a special permit if it
determines that the applicant complies with all requirements
for the issuance of a permit under this zoning ordinance.
Section 89-52 Conditions and Safeguards
The Planning Board shall attach such conditions and safeguards to the
special permit as are necessary to assure the continual conformance
with all applicable standards and requirements,. All special permits
shall be- issued for a period of no more than two (2) years and that
upon the expiration of the two-year period, the applicant must apply
for an extension of the special permit- and demonstrate that there has
been no change in circumstances in the area which would require the
Planning Board to deny such extension.
Section 89-53 FxpiraLion of Permits
A special permit shall be deemed authorized only for the particular
use or uses specified and shall further permit only the applicant
to conduct such use. Should the applicant at any tine cease to
conduct the use for which a permit has been granted, then any other
person, firm or corporation seeking to conduct said use at the same
location must apply for a special permit for said use. Further,
should the use at any time he abandoned for a period of nine (9) months,
then said permit is deemed to have expired and any other and further
use on that property requiring a special permit shall only be
permitted after compliance with the requirements for an application
for a new permit.
To amend Article XTV and add Article XV to the Zoning Ordinance of the
Town of Mamaroneck, to read as follows:
Section 89-82 Site Plan Approval Required
That all applications for building permits, special permits, and
variances are subject to the requirements of the Site Plan Approval
Law of the Town of Mamaroneck unless specifically exempted from the
requirements of Site Plan Approval under Section 7 of the Site Plan
Approval Law. No application for building permit may be granted
unless there has been full compliance with the requirements of the
Site Plan Approval Law, and no application for special permit or
variance may be granted unless a condition of said granting of a
special permit or variance is compliance with all requirements of
the Site Plan Approval Law, where applicable.
ARTICLE XV
Miscellaneous
Section 89--83 SeverabiliLy
If any section subsection, sentence, clause, phrase, or other part
of this ordinance is, for any reason, held by any court of jurisdiction
to be invalid, such decisions shall not affect the validity of the
remaining portion of this ordinance. The Town Board hereby declares
that it would have passed this ordinance and each section, subsection,
sentence, clause, phrase and other parts thereof, irrespective of the
fact that any one (1) or more sections, subsections, sentences, clauses,
phrases or other parts be declared invalid.
Section 89-84 Short Title
This ordinance shall be known as and may be cited as the "Town of
Mamaroneck Zoning Ordinance,"
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