The common council of the city may, from time to time, on its
own motion, or on petition, or on recommendation from the planning
board, amend the regulations and districts established under this
article after public notice and hearing in each case. All proposed
amendments of the regulations or districts herein established shall
be filed in writing in a form required by the common council. The
procedure for amending the regulations and districts established under
this law shall be as provided in Section 83 of the General City Law,
as amended from time to time.
Every proposed amendment, unless initiated by the planning board,
shall be referred by the common council to the planning board. The
planning board shall report in writing its recommendations thereon
to the common council, accompanied by a full statement of the reasons
for such recommendations. If the planning board fails to report within
a period of 45 days from the date of receipt of notice or such longer
time as may have been agreed upon by it and the common council, the
common council may act without such report. If the planning board
recommends disapproval of the proposed amendment, or recommends modification
thereof, the common council shall not act contrary to such disapproval
or recommendation except by a three-fourths vote.
Wherever the owners of 50% or more of the frontage to a proposed
amendment shall present a petition duly signed and acknowledged to
the common council, requesting an amendment, supplement, change or
repeal of the regulations prescribed for such district or part thereof,
it shall be the duty of the common council to vote upon said petition
within 90 days after filing of the same by the petitioners with the
city clerk.
The common council of the city shall, by resolution, fix the
time and place of the public hearing and cause notice to be given
as follows:
16.3.1
By publishing notices of the proposed amendment and the time
and place of the public hearing in a newspaper of general circulation
in the city, not less than 10 days prior to the date of public hearing.
16.3.2
By giving written notice of hearing to any required municipal,
county, regional, metropolitan, state or federal agency in a manner
prescribed by law.
16.3.3
(For zoning map amendments only.) By mailing a notice of such
public hearing to the owners of all lands within a radius of 250 feet
from any part of the property or properties for which the change will
be applicable and such notice to all lands within the areas for which
it will be applicable. This notice is provided as a courtesy only,
and failure of the city to fully comply with this noticing provision
shall not invalidate any future amendment.
If a protest against the proposed amendment is presented to
the common council, duly signed and acknowledged by the owners of
20% or more of the area of land included in such proposed amendment,
or by the owners of 20% or more of the area of land immediately adjacent
extending 100 feet therefrom, or by 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, such amendment shall not be
passed except by the favorable vote of at least a three-fourths majority
of the common council.
The common council shall set the public hearing as required
and shall render its decision within 60 days of the receipt of the
planning board's report, (except the common council shall not
be required to hold a public hearing prior to submission to the planning
board). If the common council deems it advisable, it may require as
a condition for approval of the amendment, that the amended area be
put to use within a reasonable length of time.
The common council shall notify the applicant for an amendment
of its decision in writing within five days after the decision has
been rendered.
Every amendment to this Law shall be filed with the Secretary
of State of New York and become effective five days thereafter.