City Council:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOUNT VERNON ADOPTING AN
ORDINANCE AMENDING THE CITY CODE TO
EXTEND THE EXPIRATION OF APPROVALS
FROM THE CITY’S LAND USE BOARDS
WHEREAS, the City Council of the City of Mount Vernon proposes to amend Chapter 10 (Architectural Review Board) and Chapter 267 (Zoning) of the Code of the City of Mount Vernon to extend the expiration of approvals from the City’s Land Use Boards from two years to 30 months after the issuance of a building permit; and
WHEREAS, although one- and two-family residential projects can typically be completed within the presently allotted two years after receiving a building permit, anticipated changes to the City’s zoning after the completion of the comprehensive plan will likely lead to more multi-family or commercial projects, which have the potential to take longer to construct; and
WHEREAS, requiring applicants to return to multiple boards for approval extensions creates additional cost and burden for applicants and adds to the workload of the City’s volunteer boards and the staff that serve them, and the City Council finds that it is necessary and desirable, as a matter of public policy, to allow applicants an additional six months (for a total of 30) to complete their construction projects and to help applicants avoid these extra costs, while still requiring construction to be completed within a reasonable timeframe; and
WHEREAS, the City Council, in conjunction with its Staff, prepared a draft “Ordinance to Amend Chapter 10 (Architectural Review Board) and Chapter 267 (Zoning) of the Code of the City of Mount Vernon to Extend the Expiration of Approvals from the City’s Land Use Boards from Two Years to 30 Months” (“Code Amendment”); and
WHEREAS, the Code Amendment is classified as a Type II Action under the New York State Environmental Quality Review Act and its implementing regulations, 6 N.Y.C.R.R. Part 617 (“SEQRA”), and no further review is required in accordance with SEQRA; and
WHEREAS, at a meeting of the City Council held August 13, 2025, the City Council scheduled a Public Hearing on the Code Amendment for September 10, 2025; and
WHEREAS, the City Council referred the Code Amendment to the Corporation Counsel and Planning Board, as well as the Westchester County Planning Board, for their respective reviews and reports; and
WHEREAS, the City Council duly published notice of a Public Hearing for the Code Amendment in three issues of the official newspaper for the City on August 25, 2025, August 29, 2025, and September 2, 2025; and
WHEREAS, by letter dated September 8, 2025, the Westchester County Planning Board issued its recommendations with respect to the Code Amendment pursuant to Sections 239-l and m of the General Municipal Law and Section 277.61 of the County Administrative Code; and
WHEREAS, as noted by the Westchester County Planning Board, although the clear and stated intent of the Code Amendment is to extend the expiration of all approvals from the City’s Land Use Boards, the draft Code Amendment as initially drafted inadvertently omitted a reference to extending approvals set forth in Section 267-33A of the City Code, which pertains to special use permits, from two years to 30 months, which is a nonmaterial change that has been corrected in the Code Amendment annexed hereto;
WHEREAS, by memorandum dated September 10, 2025, the Planning Board of the City of Mount Vernon issued its comments with respect to the Code Amendment; and
WHEREAS, the Public Hearing was duly held at City Hall on September 10, 2025, at 7:00 P.M., and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to the Code Amendment, and written comments were accepted for 10 days thereafter; and
WHEREAS, the City Council, after due deliberation, and having carefully considered the Mount Vernon Planning Board’s and Westchester County Planning Board’s recommendations, and the comments made at the Public Hearing and in written comments, finds that it is in the best interest of the City of Mount Vernon to adopt the Code Amendment as proposed; and NOW, THEREFORE, BE IT
RESOLVED, the City Council hereby adopts and enacts the Code Amendment entitled “Ordinance to Amend Chapter 10 (Architectural Review Board) and Chapter 267 (Zoning) of the Code of the City of Mount Vernon to Extend the Expiration of Approvals from the City’s Land Use Boards from Two Years to 30 Months,” a copy of which is attached hereto and made a part hereof; and BE IT FURTHER
RESOLVED, that the City Clerk is directed to (i) file a copy of this Resolution with the City Clerk, (ii) file a copy of this Resolution with the Planning Board, and (iii) file a copy of this Resolution with the Westchester County Planning Board pursuant to GML Section 239-m within thirty (30) days hereof; and BE IT FURTHER
RESOLVED, that this Resolution shall take effect immediately.
AN ORDINANCE AUTHORIZING THE AMENDMENT
OF CHAPTER 10 (ARCHITECTURAL REVIEW BOARD)
AND CHAPTER 267 (ZONING) OF THE CODE OF THE
CITY OF MOUNT VERNON TO EXTEND THE
EXPIRATION OF APPROVALS FROM THE CITY’S
LAND USE BOARDS FROM TWO YEARS TO 30 MONTHS
WHEREAS, the City of Mount Vernon has determined that it is in the best interest of the City and its residents to amend Chapter 10 (Architectural Review Board) and Chapter 267 (Zoning) of the Code of the City of Mount Vernon to extend the expiration of approvals from the City’s Land Use Boards from two years to 30 months after the issuance of a building permit (“Code Amendment”); and
WHEREAS, although one- and two-family residential projects can typically be completed within the presently allotted two years after receiving a building permit, anticipated changes to the City’s zoning after the completion of the comprehensive plan will likely lead to more multi-family or commercial projects, which have the potential to take longer to construct; and
WHEREAS, requiring applicants to return to multiple boards for approval extensions creates additional cost and burden for applicants and adds to the workload of the City’s volunteer boards and the staff that serve them, and allowing applicants an additional six months (for a total of 30) to complete their construction projects will help applicants avoid these extra costs, while still requiring construction to be completed within a reasonable timeframe; and
WHEREAS, having determined that the adoption of the proposed Code Amendment is a Type II action under the State Environmental Quality Review Act and its implementing regulations at 6 N.Y.C.R.R. Part 617 (collectively, “SEQRA”) for which no further review is required in accordance with SEQRA, the City Council desires to amend Chapter 10 (Architectural Review Board) and Chapter 267 (Zoning) to extend the expiration of approvals from the City’s Land Use Boards from two years to 30 months after the issuance of a building permit
NOW, THEREFORE, the City of Mount Vernon, in City Council convened, does hereby ordain, and enact:
Section 1. Section 10-8(E), Expiration, of Chapter 10 (Architectural Review Board) of the City of Mount Vernon Code, shall be amended to delete reference to “two years” and replace said reference with “30 months,” as follows:
E. Expiration. Unless otherwise specifically set forth by the Architectural Review Board in connection with its approval of a certificate of appropriateness, such approval shall expire if a building permit is not issued within one year from the date of approval and if all construction work is not completed within 30 months of the date of issue of such permit. Upon application to the Architectural Review Board, extensions totaling a maximum of 12 months may be granted to each of these time periods for appropriate cause. Such time limits shall be tolled by any judicial proceedings to review the Architectural Review Board’s decision.
Section 2. Section 267-33(A), Expiration, of Chapter 267 (Zoning) of the City of Mount Vernon Code, shall be amended to delete reference to “two years” and replace said reference with “30 months,” as follows:
A. Expiration. A special permit shall be deemed to authorize only the specific use identified in the permit and, unless other provisions are specifically set forth by the approving agency, the special permit shall expire if said use shall cease for more than one year for any reason, or if substantial construction, in accordance with the special permit, has not been completed within 30 months from the date of issue. Such time limits shall be tolled by any judicial proceedings to review the approving agency's decision.
Section 3. Section 267-36(D), Expiration, of Chapter 267 (Zoning) of the City of Mount Vernon Code, shall be amended to delete reference to “two years” and replace said reference with “30 months,” as follows:
D. Expiration. Unless otherwise specifically set forth by the Planning Board in connection with its approval of a site plan, such approval shall expire if a building permit is not 2 4903-1649-6233, v. 2 issued within one year from the date of approval and if all construction work is not completed within 30 months of the date of issue of such permit. Upon application to the Planning Board, extensions totaling a maximum of 12 months may be granted for each of these time periods, provided there is appropriate cause. Such time limits shall be tolled by any judicial proceedings to review the Board’s decision.
Section 4. Section 267-49, Expiration, of Chapter 267 (Zoning) of the City of Mount Vernon Code, shall be amended to delete reference to “two years” and replace said reference with “30 months,” as follows:
§ 267-49 Expiration. A variance granted under this chapter shall automatically expire if a building permit for construction in accordance with the plans for which such variance was granted has not been issued within one year of the date of the variance and if all construction is not completed within 30 months of the date of issuance of the building permit, or if both have not occurred within such other time limits as may be established by the Board of Appeals in connection with its decision. Such time limits shall be tolled by any judicial proceedings to review the Board’s decision.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
Section 6. Effective Date. This ordinance shall take effect upon review and acceptance by the City Council.