Amsterdam City Zoning Code
ARTICLE XII
Amendment Procedure
§ 250-80 Amendment of provisions.
This chapter or any part thereof, including the Zoning District Map indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Common Council in the manner provided by §§ 20 and 83 of the General City Law. Every proposed amendment or change shall be referred by the Common Council to the Planning Commission for its review and recommendation pursuant to the specific provisions of this chapter.
§ 250-81 Report of the Planning Commission.
In undertaking such review and making such recommendation on a proposed amendment. the Planning Commission shall make inquiry and determination concerning the items specified below:
A.
Concerning a proposed amendment or change in the text of the chapter:
(1)
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular district concerned.
(2)
Which areas and establishments in the City will be directly affected by such change and in what way will they be affected.
(3)
The indirect implications of such change in its effect on other regulations.
(4)
Whether such proposed amendment is consistent with the underlying objectives of the City's Master Plan.
B.
Concerning a proposed amendment involving a change in the Zoning Map:
(1)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(2)
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 a change.
(3)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(4)
The effect of the proposed amendment upon the development of the City as foreseen by the City's Master Plan.
(5)
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.
§ 250-82 Common Council procedure.
A.
Public notice and hearing. The Common Council by resolution adopted at a stated meeting shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as follows in accordance with the General City Law:
(1)
By publishing notice in the official newspaper of the City not less than twice, with the initial notice occurring at least 10 calendar days prior to the public hearing and the final notice occurring not more than three calendar days prior to the public hearing, with the notice specifying:
(2)
By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of any other municipality to the Clerk of such municipality at least 10 calendar days prior to the date of such public hearing.
(3)
In the case of an amendment to the Zoning Map, all owners of property within the area to be affected by said amendment and all owners of property within 200 feet, or such additional distance as the Common Council may deem advisable, of the boundaries of said area shall be mailed a notice of any public hearing to be held concerning the adoption of said amendment.
B.
Mandatory referral. The Common Council shall transmit a full statement of any proposed amendment that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Montgomery County Planning Board for its review. No action shall be taken by the Common Council on such proposed amendment until a recommendation has been received from the County Planning Board or 30 calendar days have elapsed since the Board received such full statement.
C.
Action. The Common Council may approve any such proposed amendment by a majority vote of said Council, except that:
(2)
A favorable vote of at least four members of the Common Council, three-fourths vote, shall be required if a protest against such amendment has been signed by the owners of at least 20% of the land area included in such proposed change or of that immediately adjacent extending 100 feet therefrom or that directly opposite.