For the purpose of establishing and maintaining sound and stable
development and to conserve property values generally, this Zoning
Ordinance shall not be amended except to correct a manifest error
in the Zoning Ordinance or to provide for regulations more appropriate
to an area because of changed or changing conditions.
A.
Petitions.
(1)
Any petition for amendments shall be submitted in quadruplicate to the City Clerk with an application as established by the City of Watervliet's fee schedule. Any petition for a change in the Zoning Map shall include the following:[1]
(a)
The name of the property owner.
(b)
A map accurately drawn to an appropriate scale showing the proposed
zone district boundary changes, property lines, the calculated areas
affected in acres or square feet, the street rights-of-way in the
immediate vicinity, and the lands and names of owners immediately
adjacent to and extending within 300 feet of all boundaries of the
property to be rezoned.
(c)
A metes and bounds description of the proposed amendment.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(2)
Any petitioner shall submit evidence that he/she has notified by
certified mail, return receipt requested, all the property owners
within 300 feet of all boundaries of the affected property.
B.
Referrals.
(1)
Any such proposed change in the text or Zoning Map of this chapter shall first be referred to the Planning Board (except a proposal from the Planning Board) for review, which shall submit a written advisory report to the City Council prior to a public hearing on the proposed amendment by the City Council. The Planning Board shall consider the following and may favorably recommend adoption of an amendment or change in this chapter or in a district boundary if:
(a)
Such change does not conflict with the general purposes, goals
and intent of this chapter.
(b)
Such change is consistent with the Comprehensive Plan, Waterfront
Revitalization Program, where applicable, and other adopted plans.
(c)
The related land area is suitable for the purposes permitted
under the proposed zoning.
(d)
Such change is consistent with City development plan and policies.
(e)
The impact on the physical and social environment is evaluated.
(f)
The impact on water supply, sewage disposal, roads and traffic
is evaluated.
(g)
The fiscal impact on the City, school district, and special
districts is evaluated.
(h)
A site plan and any other requested studies are furnished for
the Planning Board's review.
(2)
The Planning Board shall submit to the City Council its advisory
report within 45 days after receiving notice from the City Clerk of
the proposed change.
(3)
The proposed amendment shall be referred to the Albany County Planning
Board under the provisions of § 239-m of the New York State
General Municipal Law. No action shall be taken to approve a proposed
zoning amendment referred to the county until its recommendation has
been received or 30 days have elapsed after its receipt of the full
statement of the proposed amendment, unless the county and the City
agree to an extension beyond the thirty-day requirement for the county's
review.
C.
SEQRA compliance. The City Council shall comply with the provisions
of the New York State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and its implementing regulations
as codified in Title 6, Part 617, of the New York Codes, Rules and
Regulations.
D.
Public hearing.
(1)
If the City Council chooses to consider a proposed zoning amendment,
it shall, by resolution at a duly called meeting, set the time and
place for a public hearing on the proposed amendment. If a proposed
amendment is initiated by petition, the petitioner shall be responsible
for publication of notice and for notice to adjacent municipalities,
if necessary.
(2)
Publication of notice.
(a)
Newspaper notice of hearing. At least 10 days prior to the date
of such public hearing, a notice of the time and place shall appear
in the official newspaper. Such notice shall describe the area, boundaries,
regulations or requirements that such proposed change involves.
(b)
Written notice of change or amendment. At least 10 days prior to the date of said public hearing, written notice of such hearing and proposed change or amendment shall be provided to property owners, municipalities, counties and state parks or parkways with boundaries within 500 feet of the location of a proposed change or amendment as described in § 83 of New York General City Law. Such entities shall have the right to appeal and to be heard at such public hearing with respect to any such proposed change or amendment.
A.
The City Council may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest as described in Subsection B below.
B.
A protest against a proposed change or amendment to this chapter,
if 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 100 feet from the proposed change,
or by the owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such amendment shall not be passed except by a favorable vote of 3/4
of the members of the City Council.
From time to time, at intervals of not more than five years,
the City of Watervliet shall reexamine the provisions of this chapter
and the location of district boundary lines. This periodic review
shall be conducted by a committee comprised of two members of the
Planning Board; two members of the Zoning Board of Appeals; representatives
from the Planning Department, Building Department and Corporation
Counsel; and not more than two members of the community appointed
by the City Council. The committee shall submit a report to the City
Council recommending such changes or amendments, if any, which may
be desirable in the interest of public welfare, convenience and necessity.