This chapter or any part thereof may be amended,
supplemented or repealed, from time to time, by the Common Council
on its own motion or upon recommendation by the Planning Commission
or on petition. Every such proposed amendment shall be referred by
the Common Council to the Planning Commission for a report before
the public hearing. Unless the Planning Commission fails to render
such report within 45 days after the next regularly scheduled meeting
of such Commission following the time of such referral, the Common
Council shall not take action on any such amendment without a recommendation
from the Planning Commission.
A.
Report of the Planning Commission. In making such
report on a proposed amendment, the Planning Commission shall make
inquiry and determination concerning the items specified below, which
shall serve as guidelines to the Commission:
(1)
Concerning a proposed amendment to or change in the
text of the chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in the chapter as to the particular districts
concerned.
(b)
Which areas, land uses, buildings and establishments
in the City will be directly affected by such change and in what way
they will be affected.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Plan of the City.
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public facilities and services, including roads, exist or can
be reasonably expected to be created to serve the needs of any additional
dwellings or other uses likely to be constructed as a result of such
change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the City as envisaged by the Comprehensive Plan.
B.
Each petition for a zoning amendment shall be accompanied by a fee
as specified in the City's Consolidated Fee Schedule maintained in
the office of the City Clerk, payable to the City Clerk upon the filing
thereof. No fee shall be required for petitions filed in favor of
or against a pending application.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
C.
By resolution adopted at a stated meeting, the Common
Council shall fix the time and place of a public hearing on the proposed
amendment(s) and cause notice thereof to be given as provided by law.
All notices of public hearings shall specify:
D.
Notice to adjacent municipalities.
(1)
Should any proposed amendment consist of or include
either of the two following conditions, the City Clerk shall transmit
to the designated office or official a copy of the official notice
of the public hearing not later than 10 days prior to the date of
hearing:
(2)
The designated official for counties shall be the
County Planning Board. In towns and villages the designated official
shall be the clerk of the municipality.
E.
Should any proposed amendment consist of or include
any of the following conditions, the City Clerk shall, prior to public
hearing, refer the proposed amendment to the Westchester County Planning
Board in accordance with Section 451 of Article 15 of the Westchester
County Administrative Code:[1]
(1)
Any change in the district classification of or the
regulations applying to real property abutting:
(a)
The boundary of any village or town.
(b)
The boundary of any state or county park or
other recreation area.
(c)
The right-of-way of any state parkway, throughway,
expressway or other controlled access highway or county road or parkway.
(d)
The right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(e)
The boundary of any county- or state-owned land
on which a public building or institution is located.
[1]
Editor's Note: See § 277.61 of the
Westchester County Administrative Code.
F.
In all cases where the Common Council shall approve
an amendment to the Zoning Map, said Council shall find that, for
reasons set forth in said findings, such amendment is in conformity
with a comprehensive zoning plan.
G.
In case of a protest against any amendment, such amendment
shall not become effective except in accordance with the provisions
of § 83 of the General City Law.
H.
Whenever the Common Council, by resolution, authorizes
a public hearing on a proposed amendment to this chapter, for a period
of 60 days following the date of such resolution, no building or structure
shall be erected, enlarged or altered and no permit shall be issued
for the erection, enlargement or alteration of any building or structure
or for the occupancy of any land or building in any manner that would
be contrary to the provisions of the proposed amendment. The expense
of publishing and mailing the notice required by this section shall
be paid by the applicant or petitioner.
[Added 9-26-1995; 2-8-1999]
I.
Notice of Zoning Map changes shall be provided to all affected properties
and all adjacent properties within 250 feet of the action.
[Added 2-22-2021 by L.L.
No. 1-2021]
