The Board of Trustees may from time to time
on its own motion, on petition or on recommendation of any board,
agency or official of the Village, after public notice and hearing,
amend, supplement, repeal or change the regulations and districts
established under this chapter.
A petition for any amendment of this chapter shall be made to the Village Clerk and shall describe the proposed changes. For proposed amendments to the Zoning Map, a copy shall be included of the applicable portion of the official copy of the Zoning Map, as kept by the Village Clerk, showing existing and proposed, zoning, as well as a map drawn to an appropriate scale showing all properties within 500 feet of the periphery of the subject property and any contiguous property of the petitioner in the same ownership. The petitioner shall be responsible for complying with the requirements as to notice in §
130-41 below.
An amendment on motion or an amendment proposed to the Board of Trustees by any board, agency or official of the Village shall contain the information required in §
130-36 above. The Village Clerk shall be responsible for complying with the requirements as to notice in §
130-41 below.
On the making of a motion, on receipt of a petition
or on receipt of a recommendation of any board, agency or official
of the Village for a zoning amendment, the Board of Trustees may decide
not to formally consider such amendment.
If any amendment is to be considered by the
Board of Trustees, it shall be referred for review and report to the
Planning Board, the Village Attorney, the Village Engineer, Code Enforcement
Officer and any other board, agency or official of the Village which
the Board of Trustees deems appropriate. The Planning Board shall
confer with any petitioner and assist such petitioner, where necessary,
to place the amendment in the most appropriate form. Such conference
and assistance shall not be deemed to constitute any commitment by
the Planning Board as to its position on the advisability of the proposed
amendment. After said conference, the petitioner shall be allowed
to revise his petition and to provide copies of such revision to the
Board of Trustees and to any board, agency or official to which the
original proposed amendment was referred. The Village Attorney shall
report to the Board of Trustees regarding the form of the proposed
amendment. The Planning Board shall report to the Board of Trustees
regarding the form and the advisability of the proposed amendment.
Its report shall analyze the proposed amendment and shall state the
Board's reasons for its recommendation, describing any conditions
it believes make the amendment advisable or not, and specifically
stating whether the amendment would or would not be in accordance
with the Comprehensive Plan and in furtherance of the purposes of
this chapter. All such boards, agencies and officials shall have 45
days from the date of forwarding or from the date of revision by the
petitioner, whichever is later, to submit reports. Failure of the
Planning Board or other board, agency or officials to report within
45 days shall be construed as approval of the proposed amendment.
In no case shall this section restrict the right of an applicant to
come before the Planning Board for an informal discussion and review
prior to formal submission.
On receipt of the requested reports and any
revised proposed amendment from an application or notification by
the petitioner that no revision will be made, the Board of Trustees
shall schedule and hold a public hearing on the proposed amendment.
Notice of the public hearing shall be published once in the official newspaper not less than 10 nor more than 30 days prior to the date of the hearing. A copy of the notice, with proof of mailing, together with proof of notice in the official newspaper, shall be filed in the Village Clerk's office on or before the date of the public hearing. The applicant shall cause notice by certified mail to owners of property within 500 feet of the perimeter of the property to which such change applies, to be mailed not less than 10 days prior to the required hearing. In the event that such amendment changes the district classification of land, there shall be posted not later than 10 days prior to the hearing a notice of the proposed change upon the property to which such change applies, said notice to be visible from each public street abutting such property. The cost of all notices shall be paid by the applicant except as provided in §
130-37.
In accordance with the procedures of § 7-708,
Subdivision 1, of the Village Law, in the event a protest against
such change is signed by the owners of 20% or more of the area of
the land included in such proposed change, or by the owners of 20%
or more of the land immediately adjacent extending one hundred feet
therefrom, or by the owners of 20% or more of the land directly opposite
thereto extending one hundred feet from the street frontage of such
opposite land, such amendment shall not become effective except by
the favorable vote of four members of the Board of Trustees.
The Village Clerk shall keep record copies of
all Zoning Maps and text sections superseded by any amendment of this
chapter.
Not less than 10 days prior to the public hearing,
the Village Clerk shall send copies of the proposed amendment and
notice of hearing on any amendment affecting property within 500 feet
of the boundaries of any state park, parkway, Village or town to the
Regional State Park Commission having jurisdiction over such state
park or parkway or to the Village or Town Clerk.
All petitions for amendment of this chapter,
except those amendments recommended by the Board of Trustees, by the
Planning Board or other municipal board or agency of the Village,
shall be accompanied by a fee in accordance with the fee schedule
of the Village of Pomona.