Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
This chapter or any part thereof may be amended, supplemented or repealed from time to time by the Village Board on its own motion or by petition, as provided in Article 7 of the Village Law. Any such proposed amendment may be referred by the Board of Trustees to the Planning Board and the Board of Appeals for advisory reports before public hearing.
In making its report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
A. 
Concerning a proposed amendment to the text of the chapter:
(1) 
Whether such proposed amendment is consistent with the Master Plan of the Village, as it may exist from time to time.
(2) 
Whether such change is consistent with the aims and principles embodied in the chapter as to the particular district or districts concerned.
(3) 
Which areas and establishments of the Village will be directly affected by such change and in what way they will be affected.
(4) 
The indirect implications of such change in its effect on other regulations.
B. 
Concerning a proposed amendment to the Zoning Map:
(1) 
Whether such proposed amendment is consistent with the Master Plan of the Village, as it may exist from time to time.
(2) 
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(3) 
Whether adequate public school or other facilities and services exist or can be created to serve the needs of any additional development likely to be constructed as a result of such change.
In making its report on any proposed amendment, the Board of Appeals shall state its views as to the desirability and practicability of the proposal.
Each petition for a zoning amendment shall be accompanied by the required fee, payable to the Village Clerk upon the filing thereof. No fee shall be required for petitions filed in favor of or against a pending application.
[Amended 2-11-1985 by L.L. No. 5-1985, effective 2-25-1985]
By resolution adopted at a stated meeting, the Board of Trustees shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of Article 7 of the Village Law. In addition thereto, written notice of such public hearing shall be given to all property owners of record within 400 feet of the property which is the subject of the public hearing. In the event that it is determined that more than 100 notifications would be required to be given, the Board of Trustees reserves the authority to determine how notice shall be given. Every notice of public hearing shall specify the nature of any proposed amendment, the land or district affected and the date and time when and the place where the public hearing will be held. The failure of one or more property owners to receive such notice in exact conformance herewith shall not invalidate any action taken by the Board of Trustees in connection therewith. "Notice" shall be construed to mean any regular mail to the last known address of the property owner as it appears upon the records of the Village Assessor's office of the Village of Mamaroneck. Prior to the public hearing date, the petitioner for such rezoning shall be required to remit an administrative fee to the Village Clerk-Treasurer's office for an amount to be established by the Clerk-Treasurer to cover expenses incurred in connection with the above notification procedure.
Should state or county law require that notice be sent to an adjoining municipality or to any other governmental agency, the Village Clerk shall transmit a copy of the official notice of the public hearing thereon to the adjoining municipality or other governmental agency in the manner and within the time required by such state or county law.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of Article 7 of the Village Law.
In all cases where the Board of Trustees shall approve an amendment to the Zoning Map, said Board shall find that, for reasons fully set forth in said findings, such amendment is in conformity with the Master Plan for the Village, as it may exist from time to time, or the Board of Trustees shall state its reasons for departing therefrom.