[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.
[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.
[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are superseded.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11, of the New York Town Law, as superseded below, shall apply in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.
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"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."
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(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.
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"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.”
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(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]
[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.