Mamaroneck Village City Zoning Code
ARTICLE X
Special Permit Procedures
§ 342-67 General provisions.
All uses listed in Articles V, VI and VII as subject to additional standards and requirements are declared to possess characteristics of such unique and distinct form that each specific use shall be considered an individual case and it shall meet the following general requirements set forth herein and any pertinent specific requirements elsewhere in this chapter.
§ 342-68 Construal of special uses.
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 all requirements and standards prescribed by this chapter and the granting of a special permit for such uses.
§ 342-69 Submission of application; variance request.
[Amended 10-27-1986 by L.L. No. 13-1986, effective 11-18-1986; 10-26-1992 by L.L. No. 8-1992, effective 11-4-1992; 3-27-2006 by L.L. No. 4-2006, effective 4-10-2006; 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023; 11-27-2023 by L.L. No. 20-2023, effective 12-4-2023]
All applications for required special permits shall be made to the Building Inspector, who will refer them to the Board of Appeals or the Planning Board, as may be required by this chapter. If the applicant requests a variance in conjunction with the special permit because of unnecessary hardship, the application must state the circumstances constituting the basis for such request. The applicant must comply with the notification requirements set forth in Chapter 372 of this Code (Land Use Application Notice Requirements), which supersede the requirements of § 7-725-b, Subdivision 5, of the Village Law of the State of New York.
§ 342-70 Required submissions.
[Amended 5-12-1997 by L.L. No. 4-1997, effective 5-22-1997]
Each application shall be accompanied by 16 copies of the following:
A.
A property survey or plot plan drawn to scale, showing the location of all existing, proposed, enlarged or altered buildings on the plot, with setback dimensions from front, rear and side property lines.
B.
A set of drawings prepared by a registered architect or professional engineer, consisting of elevations, floor plans with dimensions and a cross or longitudinal section with heights marked thereon.
C.
The plot plan shall include a layout of off-street parking and loading areas; the number and width of parking spaces and aisles; traffic access to and from public streets; illumination, screening, surfacing and drainage of parking areas; the square foot area of the plot; the gross floor area of the ground floor; and the percentage of lot area covered by all existing, proposed, enlarged or altered buildings with their total gross floor area.
§ 342-71 Action on referral.
[Amended 9-11-1972, effective 9-27-1972; 10-27-1986 by L.L. No. 13-1986, effective 11-18-1986]
Within 45 days after any referral, the Board of Appeals or the Planning Board shall hold a public hearing on the application. It shall, in each case, ascertain that the proposed use will not adversely affect the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the neighborhood in particular and that those of the following conditions which are pertinent are satisfactorily met:
A.
That the location and size of the use, the nature and intensity of the operations and traffic involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to the type, arrangement and capacity of streets giving access to it and the hours of operation are such that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is located.
[Amended 12-9-1985 by L.L. No. 27-1985, effective 12-18-1985]
B.
That the location, nature and height of buildings, walls and fences and the nature and extent of the landscaping and screening on the site, as existing or proposed, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C.
That operations in connection with the proposed use will not be objectionable by reason of noise, fumes, smoke, dust, vibration, glare, intensity or flashing of lights.
D.
That the parking areas to be provided will be of adequate capacity for the particular use, properly located and suitably screened from adjoining residential uses and that the entrance and exit drives shall be laid out so as to achieve maximum safety.
E.
That, where they are applicable, the standards and requirements established or approved by the Village Engineer have been satisfactorily met as evidenced by his certification and that all necessary approvals of any other governmental agency or board have been or will be obtained by the applicant.
§ 342-72 Determination of Board.
[Amended 10-27-1986 by L.L. No. 13-1986, effective 11-18-1986]
After public hearing and consideration of all factors involved, the Board shall make its findings and render its decision. If it finds that all appropriate conditions have been satisfactorily met, it shall grant the application and approve the proposed special use, subject to such terms as are prescribed in this chapter or as the Board may impose; otherwise, it shall deny the application. Every special permit shall be conclusively limited to the specific use or uses particularized therein, and no other uses may be had thereunder without express permission of the Board of Appeals or the Planning Board, as required by this chapter.
§ 342-73 Term and expiration of special permits.
[Amended 10-27-1986 by L.L. No. 13-1986, effective 11-16-1986; 11-28-1988 by L.L. No. 20-1988, effective 12-7-1988]
A.
A special permit, when granted, shall be valid for 12 months thereafter. Within that period, the recipient shall apply for and obtain the building permit prescribed in Article XII hereof, failing which the special permit shall lapse and become invalid for all purposes. If, for any reason whatsoever, the practice of the use or uses authorized in any special permit should fall into disuse or cease for more than 12 months, the permit shall expire; and such use or uses may thereafter be restored or resumed only upon the granting by the Board of Appeals or the Planning Board, as required by this chapter, of a new special permit thereof.