[Amended 2-18-2014 by L.L. No. 2-2014]
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supplemented or repealed, from time to time, by the Common Council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 on petition, as provided by law. Every such proposed
amendment shall be referred by the Common Council to the Planning
Board for a report before the public hearing. Unless the Planning
Board fails to render such report within 30 days after the next regularly
scheduled meeting of such Board following the time of such referral,
the Common Council shall not take action on any such amendment without
a recommendation from the Planning Board. Upon approval of any such
amendment, copies thereof shall be forwarded to the Planning Board
and Zoning Board of Appeals by the City Clerk.
A.Â
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)Â
Concerning a proposed amendment to or change in text
of the chapter:
(a)Â
Whether such change is consistent with the aims
and principles embodied in the chapter as to the particular districts
concerned.
(b)Â
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)Â
The indirect implications of such change in
its effect on other regulations.
(d)Â
Whether such proposed amendment is consistent
with the aims of the Comprehensive Plan of the City.
[Amended 4-20-2004 by L.L. No. 3-2004]
(2)Â
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)Â
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)Â
Whether adequate public school facilities and
other public services exist or can be created to serve the needs of
any additional residences likely to be constructed as a result of
such change.
(c)Â
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)Â
The effect of the proposed amendment upon the
growth of the City as envisaged by the Comprehensive Plan.
[Amended 4-20-2004 by L.L. No. 3-2004]
(e)Â
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the City and the probable effect thereof.
B.Â
Each petition for a zoning amendment shall be accompanied
by a fee as established by the Common Council payable to the City
Clerk upon the filing thereof. If petition is withdrawn before publication
of notice of public hearing, the fee shall be refunded in full to
the petitioner. No fee shall be required for petitions filed in favor
of or against a pending application.
[Amended 4-20-2004 by L.L. No. 3-2004]
C.Â
By resolution at a meeting or by Clerk's notice, the
Common Council shall fix the time and place of a public hearing on
the proposed amendment and cause notice thereof to be given as provided
by law. All notices of public hearing shall be published in the official
newspapers of the City and shall specify:
[Amended 9-21-1993 by L.L. No. 9-1993]
D.Â
No amendment to this chapter which shall be adopted
by local law shall be required to be published in its entirety prior
to becoming effective.
[Added 11-17-1981 by L.L. No. 9-1981]
