This chapter or any part thereof may be amended, supplemented
or repealed from time to time by the Village Board on its own motion
or upon recommendation by the Planning Board. Every such proposed
amendment shall be referred, prior to the public hearing, by the Village
Board to the Planning Board for a report, which shall become part
of the official minutes of said hearing. The Village Board shall not
take action on any such amendment without such report from the Planning
Board unless the Planning Board fails to render such report within
60 days after its next regularly scheduled meeting following the date
of such referral.
A.
Report of the planning board. In making such report on a proposed
amendment, the Planning Board shall make inquiry and determination
concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text of this chapter:
(a)
Whether such change is consistent with the aims and principles
embodied in the chapter as to the particular district concerned.
(b)
Which areas, land uses, buildings and establishments in the
Village will be directly affected by such change and in what way they
will be affected.
(c)
The indirect implications of such change in its effect on other
regulations.
(d)
Whether such proposed amendment is consistent with the aims
of the Comprehensive Development Plan of the Village.
(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 school facilities and other public services
exist or can be created to serve the need of any additional residences
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.
(d)
The effect of the proposed amendment upon the growth of the
Village as envisaged by the Comprehensive Development Plan.
(e)
Whether the proposed amendment is likely to result in an increase
or decrease in the total zoned residential capacity of the Village
and the probable effect thereof.
B.
Each petition for a zoning amendment shall be accompanied by a fee set forth in Chapter 8, Fees, of the Village of Florida Code, payable to the Village Clerk upon filing thereof. No fee shall be required for petitions filed in favor of or against a pending application.
C.
Public hearing. By resolution adopted at a meeting of the Village
Board, the Village Board shall fix the time and place of a public
hearing on the proposed amendment and cause notice thereof to be given
in accordance with provisions of § 7-706 of Article 7 of
the Village Law. All notices of public hearing shall specify the nature
of any proposed amendment; the land or district affected; and the
date when and the place where the public hearing will be held. At
least 10 days' notice of the time and place of such hearing shall
be published in the official newspaper.
(1)
If the proposed amendment involves a change to the Zoning Map, the
applicant shall post a sign on the property which is the subject of
the application on or before 15 days prior to the first date of public
hearing and shall remove such sign within two days following such
hearing. The sign shall be obtained from the Code Enforcement Officer
and shall be at least 30 inches by 20 inches, consist of sturdy and
serviceable material containing a white background with black letters
and shall be placed in a location plainly visible from the most commonly
traveled street upon which the property fronts but in no case more
than 20 feet back from the front lot line. Such sign shall be not
more than three feet above the ground and shall read as follows, in
legible lettering at least two inches:
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"THE ZONING OF THIS SITE IS PROPOSED TO BE CHANGED AS FOLLOWS:
[DESCRIBE PROPOSED CHANGE].
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THIS MATTER IS SUBJECT TO PUBLIC HEARING AT VILLAGE HALL ON
[GIVE DATE AND TIME]."
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D.
Changes near boundaries.
(1)
Should any proposed amendment consist of or include either of the
two following conditions, the Village Clerk shall transmit to the
designated office or official a copy of the official notice of the
public hearing not later than 10 days prior to the date of the hearing:
(a)
Any change in the boundaries of any district which change would
occur within a distance of 500 feet of the boundary of any Village,
Village or county or any boundary of a state park or parkway.
(2)
The designated official for counties shall be the Clerk of the Board
of Supervisors. In villages and Villages, the designated official
shall be the clerk of the municipality. In the case of state parks
or parkways, the designated office shall be the Palisades Regional
Park Commission.
E.
Should any proposed amendment consist of or include any of the following
conditions, the Village Clerk shall, prior to final action, refer
the proposed amendment to the Orange County Planning Board in accordance
with § 239-M of Article 12-B of the General Municipal Law:
(1)
Any change in the district classification of or the regulations applying
to real property lying within a distance of 500 feet from:
(a)
The boundary of any village or town.
(b)
The boundary of any state park or other recreation area.
(c)
The right-of-way of any county or state parkway, throughway,
expressway or other controlled-access highway.
(d)
The right-of-way of any stream or drainage channel owned by
the county or for which the county has established channel lines.
(e)
The boundary of any county- or state-owned land on which a public
building or institution is located.
F.
In the case of protest against any amendment, such amendment shall
not become effective except in accordance with the provisions of § 7-708
of Article 7 of the Village Law.
