The City Council may, by its own motion or on
petition or on recommendation of the City Planning Commission, and
after proper public notice and public hearing, amend, supplement or
repeal the regulations, provisions or boundaries of this chapter.
A.Â
In the case of a proposed amendment which involves
the reclassification of an area to a less restricted district, the
City Council may require the petitioner to submit a site plan showing
the extent, location and character of proposed structures and uses.
The City Council shall refer such proposed site plan to the Planning
Commission for its recommendation and may require that such plan be
modified to ensure its compatibility to adjacent areas and may qualify
its approval of such amendment by attaching a special endorsement
thereto. Such endorsement may require that any future additions to
the site plan area be resubmitted to the Planning Commission to determine
that the addition is substantially in agreement with the intent of
the original ordinance amendment. Lack of general conformity in architectural
design to the original development may be considered a reasonable
basis for refusal to issue a building permit for such an addition.
B.Â
Prior to said reclassification action, no building
permit shall be issued for construction within the area described
by said amendment except in accordance with the Council-approved site
plan and with all conditions and limitations placed thereon by the
City Council or in accordance with the applicable zoning regulations.
Unless application for a building permit for such special development
is made within a period of one year after the Council's approval,
said approval shall be void, and the zoning classification shall be
as it was when the petition for amendment was filed.
A.Â
A petition to amend, change or supplement the text
of this chapter or any zoning district designated on the Zoning Map[1] herein shall be filed with the City Clerk/Treasurer. All
amendments shall be in accordance with the provisions of § 83
of the General City Law applicable thereto. All proposed amendment(s)
shall be submitted to the Planning Commission for a report and recommendation
prior to any action thereon by City Council. If the Planning Commission
recommends against the enactment of any proposed amendment, it shall
become effective only by a three-fourths vote of City Council.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
[1]
Editor's Note: The Zoning Map is on file and
available for inspection in the office of the City Clerk/Treasurer.
B.Â
In those instances involving the proposed reclassification
of any zoning district wherein a public hearing is required pursuant
to the provisions of § 83 of the General City Law, the City
Council or the Planning Commission, as the case may be, shall give
public notice of the public hearing by publication in the official
paper at least five days prior to the date of such hearing and shall
at least five days before such hearing mail notices of such public
hearing to all owners of real property within the area proposed to
be reclassified and to all owners of real property within a radius
of 100 feet of the boundaries of the area proposed to be reclassified
at the addresses of such real property owners as listed in the records
of the Assessor.
C.Â
In each instance involving the proposed reclassification
of any zoning district, the Board of Appeals shall notify the City
Planning Commission and County Planning Board pursuant to § 239-m
of the General Municipal Law.
The disposition of a petition for amendment
by the Council shall be final, and disapproval or denial of the proposed
amendment shall void the petition. No new petition for an amendment
which has been previously denied by the Council shall be considered
by it except for a vote to table or to receive and file, and no public
hearing shall be held on such amendment within a period of one year
from the date of such previous denial, unless the Planning Commission
shall find that there have been substantial changes in the situation
which would merit a rehearing.
