A.
No board, agency, officer or employee of the Town
shall issue, grant or approve any permit, license, certificate or
other authorization, including special permits by the Town Board,
for any construction, reconstruction, alteration, enlargement or moving
of any building or for any use of land or building that would not
be in full compliance with the provisions of this chapter. Any such
permit, license, certificate or other authorization issued, granted
or approved in violation of the provisions of this chapter shall be
null and void and of no effect without the necessity of any proceedings
or revocation or nullification thereof, and any work undertaken or
use established pursuant to any such permit, license or certificate
or authorization shall be unlawful, and no action shall be taken by
any board, agency, officer or employee of the Town purporting to validate
any such violation.
B.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration or either's designated
representative shall enforce this chapter.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
C.
Moratorium on development along section of Boston
Post Road.
[Added 2-26-2003 by L.L. No. 3-2003]
(1)
This subsection shall apply to all properties which
border the Boston Post Road between the Town's boundary with the Village
of Larchmont and the Town's boundary with the Village of Mamaroneck.
(2)
This subsection shall be in effect until May 31, 2004.
(3)
While this subsection is in effect:
(a)
The Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan or special permit for properties described in Subsection C(1), but may renew special permits, provided that the conditions imposed on the renewed special permit are the same as the conditions imposed on the existing special permit.
(b)
The Board of Appeals shall not grant any variance or special permit for properties described in Subsection C(1).
(c)
The Building Inspector or the Director of Building Code Enforcement and Land Use Administration may issue building permits, certificates of completion, letters of compliance or certificates of occupancy (permanent or temporary) provisions for work done or to be done on properties described in Subsection C(1) when such work does not require a variance, final approval of a subdivision plat, site plan approval or a special permit.
[Added 12-3-2003 by L.L. No. 24-2003; amended 1-20-2016 by L.L. No.
1-2016]
(4)
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration shall revoke or rescind
any building permit or certificates of occupancy issued in violation
of this subsection.
[Amended 1-20-2016 by L.L. No. 1-2016]
(5)
Any person, firm or corporation that shall violate
any of the provisions of this subsection shall be subject to:
(a)
Such penalties as may otherwise be provided
by the laws, rules and regulations of the Town of Mamaroneck for violations;
and
(b)
Injunctive relief in favor of the Town of Mamaroneck
to cease such actions which conflict with this subsection and, if
necessary, to remove any construction which may have taken place in
violation of this subsection.
(6)
Exemptions.
(a)
Should the application of this subsection impose an unnecessary hardship upon the owner of a property described in Subsection C(1), the owner of that property or a person acting with the owner's permission may apply to the Town Board in writing for an exemption from this subsection upon submission of proof of such unnecessary hardship. For the purpose of this subsection, the mere delay in being permitted to take an application for a building permit, variance, special permit, site plan or subdivision shall not be considered an unnecessary hardship.
(b)
Within 30 days after the submission of a written
application to the Town Clerk for an exemption from this subsection,
the Town Board shall schedule a public hearing on that application
and shall publish notice of such hearing at least 10 days prior thereto
in the official newspaper of the Town. At the public hearing, the
property owner and any other parties wishing to present evidence with
regard to the application shall have an opportunity to be heard. Within
30 days after closing the public hearing, the Town Board shall render
its decision either granting or denying the application for an exemption
from this subsection. If the Town Board determines that a property
owner will suffer an unnecessary hardship if this subsection is applied
to a particular property, then the Town Board shall exempt that property
from this subsection to the minimum extent necessary.
(c)
Any party aggrieved by the determination of
the Town Board may challenge its decision pursuant to Article 78 of
the Civil Practice Law and Rules within 30 days of the filing of the
Town Board's decision in the Office of the Town Clerk.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
A.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration shall keep a permanent
record, including all pertinent maps and plans, of all applications
for building permits and certificates of occupancy.
B.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration shall also keep a permanent
record of all violations of this chapter, whether reported by private
citizens or by any board, agency, officer or employee of the Town,
and such record shall show the disposition of all such violations.
C.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration shall make a report to
the Town Board, in writing, at least once every three months, reporting
the number and type of building permits and certificates of occupancy
issued and listing all reported or continuing violations of this chapter
and the disposition or pending action of such violations.
A.
No building or structure shall be erected, enlarged,
structurally altered, demolished, moved or removed, wholly or partly,
and no excavation for any building, structure or use shall be made
until a permit therefor has been issued by the Building Inspector
or the Director of Building Code Enforcement and Land Use Administration.
Except upon a written authorization of the Board of Appeals, no such
building permit or certificate of occupancy shall be issued for any
building where such construction, addition, alteration, moving or
use thereof would be in violation of any of the provisions of this
chapter.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
B.
A building permit shall be void if construction is
not started within a period of six months and completed within a period
of two years of the date of said permit.
[Amended 1-5-1960]
C.
There shall be submitted with all applications for
building permits three copies of a layout or plot plan drawn to scale,
showing the actual shape and dimensions of the lot to be built upon,
the exact size and location on the lot of the building and accessory
buildings existing and the lines within which the building or structure
is to be erected or altered, the existing and intended use of each
building or part thereof, the number of families or housekeeping units
that a building is designed to accommodate and such other information
with regard to the lot and neighboring lots that may be necessary
to determine and provide for the enforcement of this chapter. One
copy of such plan shall be returned to the owner when such plans shall
have been approved by the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration. All dimensions shown
on this plan relating to the location and size of the lot to be built
upon shall be based on an actual survey, and the lot shall be staked
out on the ground before construction is started. The Building Inspector
or the Director of Building Code Enforcement and Land Use Administration,
after inspection of the property, may require information relative
to the contours of the lot where the building or buildings are to
be located.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
A.
It shall be unlawful for an owner to make or permit
any new use of land or to use or permit the use of any building or
premises or part thereof created, erected, changed, converted or enlarged,
wholly or partly, in its use or structure, after the effective date
of this amended chapter, until a certificate of occupancy shall have
been issued by the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration. Such certificate shall
state that such building or premises or part thereof and the proposed
use thereof are in complete conformity with the provisions of this
chapter. The lack of a certificate of occupancy for buildings and
uses existing as of the date of the adoption of this chapter shall
not, of itself, be deemed to be noncompliance with this chapter. It
shall be the duty of the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration to issue a certificate
of occupancy, provided that he is satisfied that the building and
the proposed use of the building or premises conform with all the
requirements herein set forth. A certificate of occupancy shall be
applied for coincident with an application for a building permit.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
B.
A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies and shall continue in effect
as long as such building and the use thereof or of such land is in
full conformity with the provisions of this chapter and any requirements
made pursuant thereto.
C.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration shall maintain a record
of all certificates, and copies shall be furnished, upon request,
to any person having a proprietary or tenancy interest in the building
affected. Upon written request from the owner, the Building Inspector
or the Director of Building Code Enforcement and Land Use Administration
shall issue a certificate of occupancy for any building or premises,
certifying, after inspection, that the extent and kind of use and
disposition conform to the provisions of this chapter.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
[Amended 1-5-1960]
All permits for buildings or structures issued
prior to the effective date of this chapter shall be null and void
unless construction is started within a period of six months from
the date of the issuance of such permit and completed within a period
of two years from the date of issuance of such permit. If building
operations are discontinued for a period of six months or more, any
further construction shall be in conformity with all of the provisions
of this chapter.
A.
Any owner, lessee, tenant, occupant, architect or
builder or the agent of any of them who violates or is accessory to
the violation of any provisions of this chapter or who fails to comply
with any of the requirements thereof or who erects, constructs, alters,
enlarges, converts or moves, uses any building or uses any land in
violation of any detailed statement or plans submitted by him and
approved under the provisions of this chapter shall be guilty of an
offense and shall be liable to a fine which shall not exceed $50 or
imprisonment for a period not to exceed six months, or by both such
fine and imprisonment. Each week's continued violation shall constitute
a separate additional violation. Violations shall be prosecuted and
penalties collected in the manner prescribed by law or ordinance effective
in the Town.
[Amended 1-5-1960]
B.
Any building erected, constructed, altered, enlarged, converted, demolished, moved or removed or used contrary to any of the provisions of this chapter and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful. The proper Town authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town to so proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do. The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative shall serve notice personally or by registered mail, and, if by mail, it may be addressed to the owner or occupant of the premises where such violation exists, at the address given by him upon the application for any permit required under the provisions of this chapter or Chapter 106, Fire Prevention and Building Construction, of the Code of the Town, or to the last-known address of the owner as shown by the records in the office of the Town Receiver of Taxes or in the office of the Register of the County of Westchester, and, if such violation does not cease within such time as proper Town authorities may specify and a new certificate of occupancy is not obtained, they shall institute such of the foregoing actions as may be necessary to terminate the violation. Such notice may also be served by posting on the premises. The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
C.
Any person, corporation, partnership or entity that establishes, constructs or installs any building, improvement, structure, or conducts or operates any land use in violation of § 240-25D, 240-30, 240-31 or 240-32.1A of the Code of the Town of Mamaroneck shall be guilty of a violation and, upon conviction, subject to a penalty of up to $250 for each day that such violation continues to exist. Nothing herein shall be construed to limit the authority of the Town to seek and obtain injunctive relief for any violation of this chapter.
[Added 2-6-2002 by L.L. No. 4-2002]
[Amended 10-16-2002 by L.L. No. 9-2002; 11-5-2003 by L.L. No. 20-2003; 4-21-2004 by L.L. No. 5-2004; 5-4-2005 by L.L. No.
7-2005]
A.
Supersession.
[Amended 4-7-2021 by L.L. No. 6-2021]
(1)
Portions
of § 267, Subdivision 11, of the New York Town Law hereby
are superseded. Words enclosed in brackets are eliminated therefrom.
Italicized words are new matter added thereto. Section 267, Subdivision
11, of the New York Town Law, as superseded below, shall apply in
the Town of Mamaroneck.
|
"Section 267
11. Alternate members. (a) A town board may,
by local law or ordinance, or as a part of the local law or ordinance,
or as part of the local law or ordinance creating the [zoning] board
of appeals, establish alternate [zoning] board of appeals member positions
for purposes of substituting for a regular member
in the event such member is absent or is unable to participate because
of a conflict of interest. Alternate members of the [zoning] board
of appeals shall be appointed by resolution of the town board, for
terms established by the town board.
| |
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(b) The chairperson of the [zoning] board of
appeals [may] shall designate [an] the alternate member to substitute for a regular member when such member
is absent or is unable to participate because of a conflict of interest
[on] with respect to a[n application or] matter before
the board. The town board shall establish the procedure for
making that designation. When [so designated, the] an alternate member sits in the place of a regular member, the alternate member shall possess all the powers and responsibilities
of such regular member of the board. Such designation
shall be entered into the minutes of the [initial zoning] board of
appeals meeting at which the substitution is made.
| |
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(c) All provisions of this section relating
to [zoning] board of appeals member training and continuing education,
attendance, conflict of interest, compensation, eligibility, vacancy
in office, removal, and service on other boards, shall also apply
to alternate members."
|
(2)
Portions
of § 267, Subdivision 7-a, of the New York Town Law hereby
are superseded. Words enclosed in brackets are eliminated therefrom.
Italicized words are new matter added thereto. Section 267, Subdivision
7-a, of the New York Town Law, as superseded below, shall apply in
the Town of Mamaroneck.
|
"Section 267
7-a. Training and attendance requirements. (a)
Each member of the board of appeals who has not served on
the board of appeals or the planning board for at least 60 months shall complete, at a minimum, four hours of training each year [designed
to enable such members to more effectively carry out their duties]. Each member of the board of appeals who has served on the board of
appeals or the planning board for at least 61 months shall complete,
at a minimum, two hours of training each year. Such training must
be in areas designed to enable such members to more effectively carry
out their duties. [Training received by a member in excess
of four hours in any one year may be carried over by the member into
succeeding years in order to meet the requirements of this subdivision.]
Such training shall be approved by the town board and may include,
but not be limited to, training provided by a municipality, regional
or county planning office or commission, county planning federation,
state agency, statewide municipal association, college or other similar
entity. Training may be provided in a variety of formats, including
but not limited to, electronic media, video, distance learning and
traditional classroom training.”
|
(3)
On
a regular basis during the course of the year, members of the Board
of Appeals shall provide the Town Clerk with copies of the certifications
of attendance received by them from providers of training, or such
other proof as may be available that indicates the type of training
the members have received during the year. On or about October 1 of
each year, the Town Clerk shall send a notice to each member of the
Board of Appeals showing the number of hours of training that such
member has reported for that year and the number of hours of training,
if any, that such member must complete before December 31 of that
year.
(4)
On
or about December 1 of each year, the Town Clerk shall submit to the
Town Board a list of the names of each member of Board of Appeals
and the number of hours of training for that year that each member
has reported to the Town Clerk.
B.
Procedures. The Board of Appeals shall follow the
rules and procedure set forth in New York Town Law § 267-a;
however, it shall have the power to adopt from time to time such rules
and procedure not inconsistent with law, as may be necessary, to carry
out the provisions of this chapter and to exercise the authority vested
in it by the New York Town Law.
C.
Procedures regarding alternate members.
(1)
An alternate member shall substitute for a regular
member of the Board of Appeals who is absent or is unable to participate
in a matter due to a conflict of interest. If the number of alternate
members exceeds the number of regular members who either are absent
or have a conflict of interest with respect to a particular matter,
the Chairperson of the Board of Appeals shall designate the alternate
member who will substitute for the absent regular member or the regular
member with a conflict of interest. If the Chairperson is absent or
is the member with the conflict of interest, the longest-tenured regular
member of the Board of Appeals shall make this designation.
(2)
If an alternate member participates in a matter before
the Board of Appeals, the alternate member shall possess all the powers
and responsibilities of the regular member whom the alternate member
shall have replaced. If an alternate member participates in a matter
due to the absence of a regular member, and, at a subsequent meeting
at which that same matter is heard, the regular member for whom the
alternate member substituted is present, the regular member shall
resume the position as a regular member of the Board of Appeals in
connection with that matter.
D.
Powers and duties. The Board of Appeals shall have
all the powers and duties prescribed by the New York Town Law and
by this chapter. None of the following provisions shall limit any
power conferred upon the Board of Appeals by the New York Town Law.
(1)
Interpretation. On appeal from an order, requirement, decision or determination made by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line if uncertainty remains after referring to the rules specified in Article II.
[Amended 1-20-2016 by L.L. No. 1-2016]
(2)
Use variances.
(a)
"Use variance" shall have the same meaning as
it has in New York Town Law § 267(1)(a).
(b)
On appeal from an order, requirement, decision
or determination of the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration regarding the application
of this chapter, the Board of Appeals may grant use variances from
the applicable zoning regulations and restrictions upon a showing
by the applicant for such variance that the applicable zoning regulations
and restrictions have caused unnecessary hardship. In determining
whether the applicant has proven unnecessary hardship, the Board of
Appeals shall apply the criteria therefor set forth in § 267-b(2)(b)
of the New York Town Law.
[Amended 1-20-2016 by L.L. No. 1-2016]
(c)
When granting use variances, the Board of Appeals
shall grant the minimum variances that it deems necessary and adequate
to address the unnecessary hardship proven by the applicant, while
at the same time preserving and protecting the character of the neighborhood
and the health and welfare of the community.
(3)
Area variances.
(a)
"Area variance" shall have the same meaning
as it has in New York Town Law § 267-1(b).
(b)
On appeal from an order, requirement, decision
or determination of the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration regarding the application
of this chapter, the Board of Appeals may grant to an applicant an
area variance from the applicable zoning regulations and restrictions.
In determining whether the applicant is entitled to an area variance,
the Board of Appeals shall apply the criteria therefor set forth in
§ 267-b(3)(b) of the New York Town Law.
[Amended 1-20-2016 by L.L. No. 1-2016]
(c)
When granting area variances, the Board of Appeals
shall grant the minimum variances that it deems necessary and adequate
while at the same time preserving and protecting the character of
the neighborhood and the health, safety and welfare of the community.
E.
Imposition of conditions. When granting either use
variances or area variances, or both, the Board of Appeals shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of this chapter and shall be imposed for the purpose of minimizing
any adverse impact such variances may have on the neighborhood or
community.
F.
Availability of statutes. The Building Inspector or
the Director of Building Code Enforcement and Land Use Administration
shall maintain copies of §§ 267-a, 267(1)(a), 267(1)(b),
267-b(2) and 267-b(3) of the New York Town Law and shall distribute
them upon request.
[Amended 1-20-2016 by L.L. No. 1-2016]
A.
All appeals to the Board of Appeals shall be taken
in the manner and within the time prescribed by § 267-a(5)(b)
of the New York Town Law. All such appeals shall be in writing, on
forms prescribed by the Board. Each appeal shall set forth the facts
of the case, refer to the specific provision of the ordinance involved
and contain the reasons why the appeal ought to be granted. Every
decision of the Board of Appeals shall recite the findings on which
the decision was based.
[Amended 5-4-2005 by L.L. No. 7-2005]
B.
The person applying to the Board of Appeals must comply with the notification procedures contained in Chapter 144.
[Added 2-16-2005 by L.L. No. 2-2005[1]]
[1]
Editor's Note: L.L. No. 3-2005, adopted 3-16-2005,
provided that this local law would become effective 4-30-2005 if it
was filed with the Secretary of State prior to that date.
[Amended 12-9-1964; 3-3-1971; 10-19-1977; 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No.
10-2002; 8-17-2011 by L.L. No. 8-2011; 1-20-2016 by L.L. No. 1-2016; 4-24-2019 by L.L. No. 6-2019]
Any person or corporation, other than the Town of Mamaroneck, making any application to the Board of Appeals under the provisions of this chapter shall pay to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration the fees, set forth in § A250-1, for both processing the applications and advertising the notice of hearing for each application filed. Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services.
