A.
No building or structure in any district shall be moved, erected, placed on a lot or structurally or externally altered without a building permit duly issued upon proper application to the Director of Building, Code Enforcement and Land Use Administration in compliance with Chapter 126, Article I, Building Department and Permits, as it may be amended, and other applicable laws and regulations.
B.
No building permit shall be issued for a building to be used for any use subject to additional standards and requirements, unless such use has been approved by the Board of Appeals as meeting the standards of Article X. Every building permit for which such a use has been authorized or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of such approved use or variance and of any conditions to which the same is subject. In any instance where site development plan approval by the Planning Board is required, a building permit shall be issued only for a building conforming to the approved site development plan.
C.
Building permit moratorium. Whenever the Board of
Trustees authorizes a public hearing on a proposed amendment to this
chapter or Map, for a period of 60 days following the date of such
resolution no building permit shall be issued for the erection, enlargement
or alteration of any building or structure, nor shall any use of land
be established or extended in any manner that would be contrary to
the provisions of the proposed amendment, if adopted.
[Added 4-9-2018 by L.L.
No. 4-2018, effective 4-16-2018]
A.
The Board of Trustees finds and determines that the Mamaroneck Union
Free School District has added 650 students since 2010, that projections
show an unexpected influx of students at all grades, which will result
in two elementary schools being short classrooms in the next one to
two years, and that, as a result, the Board of Education is considering
adding temporary classrooms and redistricting schools. The Board of
Trustees further finds and determines that there is a legitimate concern
that the present zoning permitting multifamily dwellings and subdivisions
will create excessive traffic and congestion in the Village, will
overtax the Village's infrastructure, will exacerbate overcrowding
in the schools and will, potentially, change the character of the
Village. The purpose of this section is to avoid exacerbating these
problems and provide reasonable time for the study and evaluation
of these issues by temporarily halting the approval of developments
that are most likely to contribute to the overcrowding of the schools
and the traffic and congestion in the Village while the Board of Trustees
determines through its current Comprehensive Plan update process and
other planning studies whether it is in the best interest of the residents
of the Village to modify the Zoning Code as it pertains to future
residential development.
B.
No application for approval of a special permit or site development
plan for the construction of a multifamily dwelling or a subdivision
creating two or more new residential lots may be accepted, and no
application for any such approval that was not submitted on or before
March 12, 2018, may be considered or granted during the moratorium
period.
C.
No building permit for the construction of a multifamily dwelling
may be granted during the moratorium period unless the applicant received
site development plan approval for the development that is the subject
of the building permit on or before March 12, 2018, or the application
for site development plan approval was duly considered, consistent
with this section, and approved after March 12, 2018.
D.
No building permit for the construction of a residence on a subdivision
consisting of three or more lots may be granted during the moratorium
period unless the applicant received subdivision approval on or before
March 12, 2018, or the application for subdivision approval was duly
considered, consistent with this section, and approved after March
12, 2018.
E.
The moratorium period will commence on the date on which this section
becomes effective and will expire six months later, unless the Board
of Trustees, by subsequent local law, sooner terminates or extends
the moratorium period.
[Added 9-25-2018 by L.L.
No. 14-2018, effective 10-16-2018]
A.
The Board of Trustees finds and determines that § 342-84.1 of the Code of the Village of Mamaroneck became effective on April 16, 2018, that since enacting the moratorium the Board of Trustees has moved expeditiously to complete the studies necessary to effectuate the purposes of the moratorium, that in the furtherance of that effort the Village has retained a planning consultant firm to analyze the concerns that are the basis for the moratorium and that the consulting firm is reviewing existing zoning, creating three models for forecasting school enrollment by housing type, estimating the fiscal impacts of current land uses to the Village and the school districts and calculating the maximum development potential by parcel, applying fiscal impacts based on anticipated changes in use type by property, that unless extended the moratorium will expire on October 16, 2018, and that it will likely take an additional five months to complete those studies and consider and adopt the legislation necessary to effectuate their recommendations.
[Added 2-25-2019 by L.L.
No. 1-2019, effective 3-8-2019]
A.
The Board of Trustees finds and determines that § 342-84.1 of the Code of the Village of Mamaroneck became effective on April 16, 2018, and was extended by Village Code § 342-84.2, that since enacting the moratorium the Board of Trustees has retained a planning consultant firm to analyze the concerns that are the basis for the moratorium, that the consulting firm has reviewed existing zoning, created three models for forecasting school enrollment by housing type, estimated the fiscal impacts of current land uses to the Village and the school districts, calculated the maximum development potential by parcel, applied a fiscal impacts analysis based on the anticipated changes in use type by property and proposed potential zoning changes for the Board of Trustees to consider, that unless extended the moratorium will expire on March 16, 2019, and that it will likely take an additional four months to consider and adopt the legislation necessary to effectuate the planning recommendations.
[Added 7-22-2019 by L.L.
No. 2-2019]
A.
The Board of Trustees finds and determines that § 342-84.1 of the Code of the Village of Mamaroneck became effective on April 16, 2018, and was extended by Village Code §§ 342-84.2 and 342-84.3, that since enacting the moratorium the Board of Trustees has retained a planning consultant firm to analyze the concerns that are the basis for the moratorium, that the consulting firm has reviewed existing zoning, created three models for forecasting school enrollment by housing type, estimated the fiscal impacts of current land uses to the Village and the school districts, calculated the maximum development potential by parcel, applied a fiscal impacts analysis based on the anticipated changes in use type by property and proposed potential zoning changes for the Board of Trustees to consider, that since extending the moratorium until July 31, 2019, the Board of Trustees has considered several drafts of proposed legislation and has received comments on the proposed legislation from the Planning Board, the Zoning Board of Appeals and the Harbor and Coastal Zone Management Commission, that further revisions to the proposed local law may be required and that unless extended the moratorium will expire on July 31, 2019, and that it will likely take an additional one month to consider and adopt the legislation necessary to effectuate the planning recommendations.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Director of Building, Code Enforcement and Land Use Administration, pursuant to Chapter 126, Article I, Building Department and Permits, as it may be amended, and the practices and procedures of the Building Department:
B.
No certificate of occupancy shall be issued for any
use of a building or of land subject to additional standards and requirements,
unless such use has been approved by the Board of Appeals. Every certificate
of occupancy for such use or in connection with which a variance has
been granted by the Board of Appeals shall contain a detailed statement
of such approved use or variance and of any conditions to which it
is subject.
C.
No certificate of occupancy shall be issued until
all improvements shown on the approved site plan have been completed
or a sufficient performance guarantee has been posted for improvements
not yet completed. The sufficiency of such performance guarantee shall
be determined by the Code Enforcement Officer or, upon such Officer's
request, by resolution of the Planning Board.
[Added 7-14-1997 by L.L. No. 6-1997,
effective 7-24-1997]
It shall be the duty of the Director of Building,
Code Enforcement and Land Use Administration to enforce, literally,
the provisions of this chapter and of all rules, conditions and requirements
adopted or specified pursuant thereto. He shall maintain a current
record of all variances and special permits granted by the Board of
Appeals, all site development approvals made by the Planning Board
and all approvals granted by the Board of Architectural Review and
shall enforce the observance and performance of all the terms and
conditions of such grants and approvals.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987; 2-8-1988 by L.L. No. 4-1988, effective 2-19-1988]
A.
Any owner, lessee, contractor, agent or other person
who uses or maintains or causes to be used or maintained any building
or premises or any part thereof permitted therefor in this chapter
or who erects, enlarges, alters, moves or maintains or causes to be
erected, enlarged, altered, moved or maintained any building or any
part thereof in the Village, except in conformity with the provisions
of this chapter, or who uses or maintains or causes to be used or
maintained any building or any part thereof in the Village which has
been erected, enlarged or altered other than in conformity with the
provisions of this chapter or of any conditions or requirements imposed
under it or who uses or maintains or causes to be used or maintained
any building or any part thereof in the Village in violation of or
without complying with a condition imposed by the Board of Appeals,
Planning Board or other responsible official or who otherwise violates
or causes to be violated any provision of this chapter shall be guilty
of an offense punishable by a fine not to exceed $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment,
for each such violation. Each and every day that premises are used
or maintained or caused to be used and maintained in violation of
this chapter shall constitute a separate offense.
B.
Any owner who clears vegetation or performs earthwork in violation of § 342-75C of this chapter shall be guilty of an offense punishable by a fine not to exceed $250 for each square yard of property cleared of vegetation or upon which earthwork has been performed or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each such violation.
