An amendment, supplement, repeal or change to the regulations,
districts and zoning map established under this chapter may be made
by the City Council on its own motion or upon the receipt of a petition
for a zoning amendment.
The City Council may decide not to formally consider such amendment.
However, where petition is made by the owners of 50% or more of the
frontage in any district or a part thereof, as provided by § 83
of the General City Law, such consideration is mandatory.
A.
If any petition is to be considered by the City Council, it shall
be referred for review and report to the Planning Board. The Planning
Board may at its discretion confer with the petitioner and assist
such petitioner 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 to its position on the advisability
of the proposed amendment.
B.
The Planning Board shall forward its report to the City Council regarding
the form and advisability of the proposed amendment. If an environmental
impact statement (EIS) pursuant to the State Environmental Quality
Review Act is required to be prepared, the Planning Board shall not
be obligated to provide a report until the EIS is deemed complete.
The Planning Board report shall include:
(1)
A recommendation on the petition or amendment.
(2)
A description of any conditions it believes make the proposed amendment
advisable or inadvisable.
(3)
A statement whether the proposed amendment would or would not be
in conformance with the City's Comprehensive Plan and purposes of
this chapter.
C.
In making its report on any proposed amendment, the Planning Board
shall make inquiry and determination concerning the items specified
below:
(1)
Concerning a proposed amendment in the text of this chapter:
(a)
Whether such amendment is consistent with the purposes and intentions
set forth in this chapter and in the City's Comprehensive Plan;
(b)
Which areas, land uses, buildings and establishments in the
City will be directly affected by such amendment and in what way they
will be affected; and
(c)
The indirect implications of such amendment in its effect on
other regulations.
(2)
Concerning a proposed amendment involving a change in the Zoning
Map:
(a)
Whether the uses permitted by the proposed amendment would be
appropriate in the area concerned;
(b)
Whether adequate public facilities, including, without limitation,
schools, utilities, services, roads and other public facilities, exist
or can reasonably be expected to be provided to serve the needs of
development 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; and
(d)
The effect of the proposed amendment upon the development of
the City as envisioned by the planning policies set forth in this
chapter and the City's Comprehensive Plan.
(3)
Timing of the Planning Board's report:
(a)
With respect to any proposed amendment referred to it by the
City Council, the Planning Board shall submit its report and recommendation
to the City Council not more than 60 days after the first meeting
of the Planning Board held subsequent to such referral unless, within
such sixty-day period, such proposal shall be withdrawn or amended
or the Planning Board shall determine that, by reason of the complexity
of the questions presented or like considerations, an additional period
of not more than 60 days is reasonably required for the proper disposition
thereof.
(b)
If the Planning Board shall not have submitted its report and
recommendation within such original 60 days, or additional period
of not more than 60 days, the City Council may proceed to final consideration
of the proposal as though the Planning Board has recommended approval
of the proposal.
(4)
In recommending the adoption of any proposed amendment, the Planning Board shall report to the City Council the reasons for such recommendation, describing any change in conditions that the Planning Board believes warrants the amendment and its relation to the applicable provisions of § 43-164 B(1), (2) and (3). If the Planning Board recommends against the adoption of a proposed amendment, or recommends modification of the proposed amendment, it shall include in its report a statement of its reasons for such disapproval or modification.
Upon receipt of the Planning Board report on the proposed amendment,
and if the City Council decides to formally consider the amendment,
a public hearing shall be held on the proposed amendment. The petitioner
or applicant proposing the amendment shall be responsible for providing
notice as described herein. Notice of the public hearing shall be
printed in a paper of general circulation in the City of Yonkers at
least five days prior to the date of the hearing on amendments to
the Zoning Map. Written notice shall also be served by registered
or certified mail, upon all known property owners within a radius
of 200 feet of the lot lines of the parcel and district in which and
adjacent to which the amendment has been proposed, at least 10 days
prior to such hearing. When the City of Yonkers is among the owners
of land within the two-hundred-foot radius, said written notice shall
be served upon the Director of Real Estate of the City of Yonkers.
Where required under § 239-m of the General Municipal Law
or by the Westchester County Administrative Code, notice shall also
be provided to the Westchester County Planning Board and/or the Clerk
of an abutting municipality in accordance with such regulations. Such
amendment shall also be referred to the Westchester County Planning
Board for its recommendation.
A.
A vote by the City Council on a petition made by owners of 50% or
more of the frontage in any district shall be taken within 90 days
of the filing of such a petition with the City Clerk, as provided
by § 83 of the General City Law, except as provided for
by other laws of the State of New York.
B.
An amendment shall be effected by a simple majority vote of the City
Council, except that an amendment shall require the approval of at
least 3/4 of the members of the City Council in the event such amendment
is the subject of a written protest, presented to the City Council
and signed by:
(1)
The owners of 20% or more of the area of land included in such proposed
change; or
(2)
The owners of 20% or more of the area of land immediately adjacent
to that land included in such proposed change, extending 100 feet
therefrom; and
(3)
The owners of 20% or more of the area of land directly opposite thereto,
extending 100 feet from the street frontage of such opposite land.
C.
The Westchester County Planning Board shall have 30 days after receipt
of the amendment to issue its recommendation to the City Council.
If the Westchester County Planning Board recommends modifications
or disapproval of the amendment, the City Council shall not act contrary
to such recommendations except by a majority vote.
[Amended 11-22-2005 by G.O. No. 12-2005]
A.
Twenty copies of the petition for an amendment to a regulation or
districts established by this chapter shall be filed with the City
Clerk.
B.
The petition shall be accompanied by a certified check, payable to the City of Yonkers, for an amount specified in Article XVI of this chapter to cover the cost of expenses incidental thereto, excluding the cost of providing notice of the public hearing or hearings of said petition.
C.
Contents of the petition:
(1)
The name and address of the petitioner or petitioners.
(2)
Where applicable, the ownership of property on which a zone change
is sought and, in the case where an allegation is made that the petitioner
or petitioners are the owners of 50% or more of the frontage in the
district or part thereof in which the change of zone is sought, a
list of owners of such property.
(3)
The identity of property by Tax Map lot and block numbers, street
address of 50% of the property owners; also by general description
of the land (by metes and bounds, if necessary), its approximate dimensions,
area and location on the street, with reference to readily ascertainable
distances from known monuments, street corners and/or by reference
to filed maps or subdivision plats.
(4)
Designation of the zone district classification or classifications
in which the subject property is presently located, and the zone district
classification to which the petitioner seeks the requested change.
(5)
The actual use and/or occupancy, if any, of the property at the time
of filing the petition, and the intended use or purpose for which
the change of zone is sought.
(6)
Reference to the area maps annexed to the petition showing the subject
property, all lands within 200 feet of the area of land affected by
the proposed change and all lands within 200 feet from the street
frontage of land directly opposite the subject property, by lot and
block numbers as shown on the official Tax Map of the City of Yonkers,
and the zone district or districts of said lands as they appear on
the Zoning Maps of the City of Yonkers. Such area maps shall be accurate
copies of the official Tax Map of the City as filed in the Bureau
of Assessment.
(7)
The petitioner may also submit copies of a concept site plan along
with the petition, to inform the Council how the petitioner would
utilize the property if the amendment was adopted. If such a concept
site plan is provided, it should show the following:
(a)
The intended location and general size and description of the
building or buildings, including the ground floor area, lot coverage,
height of building and number of stories.
(b)
The proposed number of units to be contained therein, if a proposed
use of the property is residential in nature and the proposed total
floor area of the proposed use if the property is nonresidential.
(c)
The planned grade.
(d)
The proposed location of all off-street motor vehicle parking
facilities.
(e)
Proposed building setbacks.
(f)
Proposed means of ingress and egress to driveways and parking
areas.
(g)
The proposed location of loading and unloading facilities of
a nonresidential building.
(h)
A zoning analysis showing how the structures and use on the
concept site plan would comply with the amended zoning requested.
(8)
Reasons for the relief sought, including the need for the change
in zone, the proposed type of use or uses, and the proposed operation
thereof.
(9)
The petition shall be signed and acknowledged by the owner or owners
of the subject property, whether individual, corporate, partnership,
firm or association. Signature and acknowledgment of a petition by
an agent or agency shall not be accepted.
(10)
Other information as the City Council or Planning Board shall
require.
A.
For a protest to a proposed amendment of this chapter to be considered
valid, the following requirements shall be met:
(1)
The protest shall be in writing and signed by the owner or owners
of the property. A protest signed by an agent or attorney shall not
be accepted.
(2)
The protest shall be duly acknowledged.
(3)
The protest shall state the name and address of the owner or owners
protesting and describe said owner's land by lot and block number
as per the official Tax Map of the City of Yonkers, and street number,
if any, and by any other appropriate means which will permit identification
of the size and location of such land with reference to the land upon
which the amendment is sought.
(4)
The protest shall state that the owner or owners protest or object
to the requested amendment and the grounds upon which the protest
is made.
(5)
The protest shall be filed with the City Clerk not less than four
days prior to the public hearing on the petition.
B.
At any time prior to the public hearing on the amendment, a mistake,
omission or irregularity, or defect made in good faith in the protest,
not pertaining to the manner or time of filing thereof, may be corrected
or supplied.
The City Clerk shall keep record copies of all zoning maps and
text sections superseded by any amendment of this chapter.
All petitions for an amendment to the districts established in this chapter shall be accompanied by a certified check or money order made payable to the City of Yonkers in the amount specified in Article XVI of this chapter.
