This chapter or any part thereof may be amended, supplemented
or repealed, from time to time, by the Common Council on its own motion
or upon recommendation by the Planning Board. Prior to the public
hearing specified below, every proposed amendment shall be referred
by the Common Council to the Planning Board for a report which shall
be rendered within 45 days 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, the text of
the chapter:
(a)
Whether such change is consistent with the aims and principles
embodied in the chapter as to the particular districts concerned;
(b)
Which areas, land uses, buildings, and establishments in the
City 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; and
(d)
Whether such proposed amendment is consistent with the aims
of the Comprehensive Plan of the City.
(2)
Concerning a proposed amendment involving a change in the Zoning
Map:
(a)
Whether the uses permitted by the proposed change would be appropriate
in the area concerned;
(b)
Whether adequate public school facilities and other public facilities
and services, including roads, exist or can reasonably be expected
to be created to serve the needs of any additional dwellings or other
uses 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 growth of the
City as envisaged by the Comprehensive Plan.
B.
Fee. Each petition for a zoning amendment shall be accompanied by
a fee, adequate to cover the cost of processing said petition, payable
to the City Clerk-Treasurer upon the filing thereof. No fee shall
be required for petitions filed in favor of, or against, any application.
C.
Public hearing. By resolution adopted at a meeting of the Common
Council, the Common Council 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 the General City 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 15 days' notice of the time
and place of such hearing shall be published in the official newspaper.
When such proposed amendment reflects a change to the Zoning Map,
the City Clerk-Treasurer shall cause notice to be mailed at least
15 days before the hearing to all owners of properties which lie within
300 feet of the map change and to such other owners as the Common
Council may deem advisable.
D.
Names of affected parties. The names of said owners shall be taken
as they appear on the last completed tax roll of the City.
E.
Transmittal to designated officials. Should any proposed amendment
consist of, or include, either of the two following conditions, the
City Clerk-Treasurer shall transmit to the designated office or official
a copy of the official notice of the public hearing not later than
15 days prior to the date of hearing.
F.
Designated officials. The designated official for counties shall
be the Clerk of the county legislature. In cities and towns, the designated
official shall be the Clerk of the municipality.
G.
Referral to Orange County Planning Department. Should any proposed
amendment consist of, or include, any of the following conditions,
the City Clerk-Treasurer shall, prior to final action, refer the proposed
amendment to the Orange County Planning Department:
(1)
Any change in the district classification of, or the regulations
applying to, real property abutting:
(a)
The boundary of any village or town;
(b)
The boundary of any state or county park or other recreation
area;
(c)
The right-of-way of any state parkway, thruway, expressway,
or other controlled-access highway or county road or parkway;
(d)
The right-of-way of any stream or drainage channel owned by
the county or for which the county has established channel lines;
and
(e)
The boundary of any county- or state-owned land on which a public
building or institution is located.
H.
Protest. In the case of a protest against any amendment, such amendment
shall not become effective except in accordance with the provisions
of the General Municipal Law.
