The City Council may amend this chapter pursuant
to § 83 of the General City Law.
A.
A verified petition by owners of property within the
City to amend this chapter shall be on a standard form prescribed
by the Planning Board, and which shall be accompanied by a fee as
set forth from time to time by the City Council,[1] no part of which shall be returnable.
[Amended 5-27-1997 by L.L. No. 2-1997]
[1]
Editor's Note: The fee schedule is on file
in the City offices.
B.
Any proposed amendment shall be referred to the Planning
Board for its report.
C.
No petition or resolution to amend the Zoning chapter
shall be considered complete until such time as a negative declaration
or notice of completion of draft environmental impact statement has
been issued by the lead agency performing environmental review of
the proposed amendment pursuant to 6 NYCRR 617 (SEQR).
[Added 8-24-2010[2]]
[2]
Editor’s Note: This ordinance also redesignated former
Subsection C as Subsection D.
D.
Within 45 days of adoption of a resolution of intention
to amend by the City Council, receipt of a resolution of proposal
to amend by the Planning Board or by the filing of a verified petition
by owners of property within the City, the City Council shall hold
a public hearing on any such proposal, resolution or petition; notice
of such hearing and the proposed amendment shall be given by the publication
in the official newspaper of the City for two consecutive issues before
the date of such hearing. Where the amendment is the subject of a
draft environmental impact statement (DEIS) required by the lead agency
pursuant to 6 NYCRR 617 (SEQR), the public hearing shall be held concurrently
with the public hearing on the DEIS.
[Amended 8-24-2010]
F.
Should any proposed amendment consist of or include
any of the following conditions, the City Clerk shall, prior to final
action, refer the proposed amendment to the Nassau County Planning
Commission in accordance with §§ 239-l and 239-m of
the General Municipal Law.
(1)
Any change in the district classification of, or the
regulations applying to, real property lying within a distance of
500 feet of:
(a)
The boundary of any City, village or town.
(b)
The boundary of any existing or proposed county
or state park or other recreation area.
(c)
The right-of-way of any existing or proposed
county or state parkway, thruway, expressway or other controlled access
highway, or road or highway.
(d)
The existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines.
(e)
The existing or proposed boundary of any county
or state-owned land on which a public building or institution is located.
[Amended 8-24-2010]
Unless the proceedings are terminated as herein provided, the Planning Board shall, within 36 days after referral, report its recommendations to the City Council with respect to the proposed amendment. If it recommends its adoption, it shall state fully its reasons for such recommendation, describing those changes in conditions which, in its estimation, warrant the amendment and showing how, in its estimation, the proposed amendment would be in harmony with a comprehensive plan for land use in the City and would further the purposes set forth in § 280-2.
A.
The City Council shall not adopt any amendment to this chapter until the Planning Board files its report, except in the instance where the Planning Board fails to convey its report to the City Council within 36 days after referral, in which case such failure to report shall be construed by the Council as a recommendation for approval. Before adopting any amendment the City Council shall adopt a resolution setting forth the findings upon which the Council determined such amendment to be required by the public interest in furtherance of the purposes set forth in § 280-2.
[Amended 8-24-2010]
B.
In case of protest against any amendment, such amendment
shall not become effective except in accordance with the provisions
of § 83 of the General City Law.
A.
If any amendment is disapproved by the City Council,
no petition for substantially the same amendment shall be received
within a period of six months from and after the date of such disapproval.
B.
Any petition for amendment may be withdrawn at any
time by the filing of a verified petition of withdrawal signed by
not less than a majority of the number of persons who signed the original
petition; and any proceedings for an amendment initiated by a resolution
of the City Council or the Planning Board may be terminated by the
body that initiated the same at any time that such proceedings are
before said body. Any petition for withdrawal by the petitioner subsequent
to notice of public hearing shall bar any petition for substantially
the same amendment for a period of six months from and after the date
said petition for withdrawal is received.
