Mamaroneck City Zoning Code
ARTICLE IX
Special Use Permits
§ 240-60 Intent.
The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
§ 240-61 Applications; fee.
[Amended 5-4-1977; 12-19-1984 by L.L. No. 10-1984]
A.
An application for a special permit shall be made to the Planning Board. Such application shall be accompanied by a fee as set forth in § A250-1 and shall be on a form prescribed by the Planning Board requiring the following information:
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
(1)
The name of the applicant and owner of the property.
(2)
The location of the property, intersecting streets and the Tax Map description.
(3)
The present use at the proposed location for the special permit.
(4)
The proposed use at the location for the special permit.
(5)
Any construction which will be required.
(6)
A list of all other permits or applications which must be made by the applicant in order to proceed with the use.
(7)
The signature of the applicant, with a certification that the information contained in the application is true.
B.
All applications shall be accompanied by an environmental assessment form.
[Amended 11-5-2003 by L.L. No. 19-2003]
C.
The application shall be accompanied by 15 sets of plans for the proposed development, which shall show the location of all buildings, parking ares, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties, that may be necessary to determine and provide for the enforcement of this chapter. 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 be erected.
D.
The applicant must comply with the notification procedures contained in Chapter 144.
[Amended 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.
E.
Upon receipt of an application, the Planning Board shall send a copy of the application and plans to the Police Department, Fire Department, Traffic Committee, Town Engineer, Building Inspector or the Director of Building Code Enforcement and Land Use Administration and any other agency it deems appropriate for review and comment.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
F.
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.
[Added 4-24-2019 by L.L. No. 5-2019]
§ 240-62 Standards for granting permit.
[Amended 12-19-1984 by L.L. No. 10-1984]
The Planning Board shall not grant a special permit unless, upon public hearing, it determines the following:
A.
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.
B.
That 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 operations of any permitted use not requiring a special permit.
C.
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.
D.
That there are not existing violations of this chapter on the property which is the subject of the application.
§ 240-63 Hearings.
[Amended 12-19-1984 by L.L. No. 10-1984]
A.
Within 62 days of receiving an application containing all necessary information and plans, the Planning Board shall hold a public hearing on that application. At least 10 days before the date of the public hearing, notice of the hearing shall be published in the official newspaper of the Town.
[1]
Editor's Note: L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date.
B.
Within 62 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.
[Amended 7-17-1996 by L.L. No. 14-1996]
C.
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 chapter.
§ 240-64 Conditions and safeguards.
[Amended 12-19-1984 by L.L. No. 10-1984; 10-8-2025 by L.L. No. 8-2025]
The Planning Board shall attach such conditions and safeguards to the special permit as are necessary to ensure continued conformity with all applicable standards and requirements. Except in the case of multifamily dwellings, special permits shall be issued for a period of no more than two years. Before the expiration of a special permit, the holder of that permit 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. Special permits for multifamily dwellings, whether issued before, on or after the effective date of this local law,[1] shall be for an indefinite duration.
[1]
Editor's Note: "This local law" refers to L.L. No. 8-2025, adopted 10-8-2025.
§ 240-65 Expiration of permits.
[Amended 12-19-1984 by L.L. No. 10-1984]
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 time 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 be abandoned for a period of nine 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.