Atlantic City City Zoning Code
ARTICLE XVIII
Amendments
§ 163-75 Authority.
This chapter and the Zoning District Map may be amended from time to time by ordinance duly enacted by the City Council; provided, however, that no such amendment shall be enacted except in accordance with the procedure set out in this article.
§ 163-76 Purpose.
The amendment process herein established is intended to provide a means for making changes in the text of this chapter and in the Zoning District Map which have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights, but is intended as a tool to adjust the provisions of this chapter and the Zoning Map in light of changing, newly discovered or newly important conditions, situations or knowledge.
§ 163-77 Initiation.
Proposed amendments may be initiated by either the City Council, the Planning Board, the Board of Adjustment, the owner of or other person having a contractual interest in real estate to be affected by the proposed amendment or by the owners of 50% or more of the frontage of real estate to be affected by the proposed amendment.
§ 163-78 Procedures.
A.
Proposal by City Council, Planning Board or Board of Adjustment. Amendments may be proposed by the City Council, the Planning Board or the Board of Adjustment by transmitting such proposal, together with such supporting materials as may be appropriate, to the Land Use Administrator for processing in accordance with the provisions of this section.
B.
Application by owner. When any proposed amendment is initiated by an owner of or other person having a contractual interest in real estate to be affected by the proposed amendment or by the owners of 50% or more of the frontage of real estate to be affected by the proposed amendment, the application for such amendment, addressed to the City Council, shall be filed with the Land Use Administrator in such number of copies as the Land Use Administrator may from time to time require. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Land Use Administrator, but shall in all instances contain at least the following information or documentation:
[Amended 6-15-1988 by Ord. No. 1-1988]
(1)
The applicant's name and address and his interest in the subject property.
(2)
The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application.
(3)
The names and addresses of all professional consultants advising the applicant with respect to the proposed development.
(4)
The particular provision of this chapter which is sought to be amended.
(5)
The precise wording of any proposed amendment to the text of this chapter.
(6)
In the event that the proposed amendment would change the zoning classification of any property:
(a)
A street address or legal description of the property proposed to be reclassified.
(b)
The names and addresses of all owners of property located within 200 feet of the subject property as shown on the most recent property tax records.
(c)
The present zoning classification and existing uses of the property proposed to be reclassified.
(d)
The area of the property proposed to be reclassified, stated in square feet and acres or fraction thereof.
(e)
A map, drawn to scale, clearly showing and locating the property proposed to be reclassified and its present zoning classification and all existing uses and zoning classification within 200 feet of such property.
(7)
A statement of the need and justification for the proposed amendment.
(8)
A statement as to the conformity of the proposed amendment to the Master Plan and the reason for any deviation from such plan.
(9)
Such other information or documentation as the Planning Board may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
C.
Review and distribution by Land Use Administrator.
(1)
Upon receipt of an application for an amendment, the Land Use Administrator shall review it for completeness and compliance with the provisions of this chapter and shall promptly notify the applicant, in writing, of any deficiency either in the application or the required fee. Unless the applicant is informed, in writing, by the Land Use Administrator within 45 days following the actual submission of the application that it is deficient, the application shall be deemed complete as of the date it was submitted.
(2)
Upon determining that the application is complete, the Land Use Administrator shall retain sufficient copies of the application for this review and files and shall distribute duplicate copies of the application as follows:
(a)
To the members of the Planning Board.
(b)
To the City Engineer.
(c)
To the City Tax Assessor.
(d)
To the City Health Officer.
(e)
To the City Fire Protection Subcode Officer.
(f)
To the City Construction Official.
(g)
To such other officials of the City as the Land Use Administrator shall consider appropriate.
(h)
To such consultants of the City as the Planning Board may direct.
E.
Action by Planning Board.
(1)
Within 35 days following the referral to the Planning Board of a complete application for amendment to this chapter, pursuant to Subsection C above, the Planning Board shall, at a public meeting, consider the application and all reports received by it pursuant to Subsection C above and shall thereafter render its decision in the manner specified by § 163-23, recommending either approval, approval with modifications or denial of the application. In any case, where the Planning Board recommends adoption of a proposed amendment which is neither substantially consistent with the land use plan element of the Master Plan nor designed to effectuate such plan element, it shall make specific findings as to the justification for its recommendation in light of the lack of consistency with the Master Plan. Upon adoption of such amendment by the City Council, the Planning Board shall amend the land use plan element of the Master Plan pursuant to § 163-43D.
[Amended 6-15-1988 by Ord. No. 1-1988]
F.
Public hearing. A public hearing on the application for amendment shall be set, noticed and conducted by the City Council in accordance with § 163-198 of this chapter; provided, however, that such hearing shall not be set sooner than 10 nor later than 30 days following the transmittal of the report of the Planning Board or the expiration of the time for such transmittal pursuant to Subsection E above.
G.
Action by the City Council Within 45 days following the conclusion of the public hearing or within such longer period as may be consented to by the applicant, the City Council shall either refuse the application or, by ordinance duly enacted, shall adopt the proposed amendment with or without modifications; provided, however, that where the Planning Board has made a recommendation pursuant to Subsection E above, the City Council shall review such recommendation and may disapprove or change such recommendation only by a vote of a majority of its full authorized membership upon a motion expressly setting forth the reasons for not following the recommendation, and provided further that in the event that protect against a proposed amendment is presented pursuant to Subsection H below, the proposed amendment shall not become effective except by the full favorable vote of 2/3 of the authorized membership of the City Council, and provided further that no proposed amendment, other than an amendment designated in its body as an interim ordinance and adopted pursuant to Section 77(b) of the New Jersey Municipal Land Use Law,[2] which is inconsistent, in whole or in part, with or is not designed to effectuate the land use plan element of the Master Plan, shall become effective except by a favorable vote of a majority of the full authorized membership of the City Council upon a motion expressly setting forth the reasons for so acting.
[2]
Editor's Note: See N.J.S.A. 40:55D-90(b).
H.
Protest against proposed amendment. At any time prior to the City Council taking final action on an application for amendment, a protest against any proposed amendment may be made by the owners of 20% or more of either the area of the lots or land included in such proposed change or of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the municipality. The protest shall be filed with the City Clerk and with the Land Use Administrator. The protest shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Land Use Administrator, but shall in all instances contain at least the following information and documentation:
(1)
The signatures and printed or typed names and addresses of every owner joining in the protest.
(2)
The names and addresses of all professional consultants advising the protestors with respect to their protest of the proposed amendment.
(3)
A statement of the reasons the proposed amendment should not be adopted.
(4)
The name and address of the person or persons, if any, responsible for collecting the signatures on the protest.