Zoneomics Logo
search icon

Briarcliff Manor Town
City Zoning Code

§ 220-5

Modifications to Zoning.

[Amended 3-21-1996 by L.L. No. 4-1996; 12-19-2002 by L.L. No. 4-2002; 1-19-2006 by L.L. No. 3-2006; 12-15-2020 by L.L. No. 1-2021]
A. 
The Board of Trustees may, from time to time, on its own motion, on petition, or on recommendation of the Planning Board, amend, supplement, or repeal the regulations and provisions of this chapter or amend the Zoning Map after public notice and hearing in the manner provided by the Village Law and the provisions of this section.
B. 
All petitions to amend, supplement or repeal the regulations and provisions of this chapter or to change the Zoning Map shall be submitted to the Board of Trustees in such form as required by the Board of Trustees,
C. 
Unless rejected by the Board of Trustees in its sole and absolute discretion, any such petition shall be discussed at a public meeting of the Board of Trustees, which shall be subject to public notification requirements as set forth hereinbelow in § 220-5D.
D. 
The petitioner shall, at its sole cost and expense, send by certified mail at least 10 days before such meeting of the Board of Trustees, a written notice in form and substance deemed acceptable by the Village Clerk, in consultation with the Building Department, to all abutting property owners and to all owners of property situated directly across a street from any property affected by the property which is the subject of the relief sought in the said petition. Such notice shall include a plain-English description of the relief sought by the said petition. Proof of such mailing shall be submitted to the Village Clerk by the petitioner prior to such meeting in form reasonably acceptable to the Board of Trustees. Further, the petitioner shall post a sign on the property which is the subject of the petition in a location so that it is visible from the nearest public street, at least 10 days but not more than 20 days prior to Board of Trustee meeting on the matter. Such signs shall be issued by the Building Department upon payment by the petitioner of an amount to be set forth in the Village's Master Fee Schedule by a resolution of the Board of Trustees.
E. 
After conducting such meeting, the Board of Trustees may, in its discretion, refer the petition to the Planning Board for a report and recommendation. In its report, the Planning Board shall state its reasons for its recommendation, describing any condition that it believes makes the petition advisable or inadvisable and specifically setting forth the manner in which, in its opinion, the petition would be, or would not be, in harmony with the Comprehensive Plan of land use for the Village and in furtherance of the purposes set forth in § 220-1 of this chapter. The Planning Board shall deliver its report and recommendation to the Board of Trustees within 45 days after the referral. After expiration of the 45 days, unless such time period is extended by the Board of Trustees, the Board of Trustees may take action on any such petition without the report from the Planning Board.
F. 
If, after considering any recommendation from the Planning Board, the Board of Trustees decides to further consider the petition, it may, by resolution, fix the time, date and location of a public hearing on the said petition which public hearing shall be subject to the same notice requirements as set forth in § 220-5D above. The failure of one or more affected property owners to receive such notice shall not invalidate any action taken by the Board of Trustees on the proposed amendment.
G. 
Prior to the holding of such public hearing, the Village Clerk shall refer the petition to:
(1) 
The Westchester County Planning Board in accordance with Section 277.61 of the Westchester County Administrative Code and § 239-m of the General Municipal Law; and
(2) 
Neighboring municipalities in accordance with Section 277.71 of the Westchester County Administrative Code.
H. 
Prior to taking action on the petition, the Board of Trustees shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.
I. 
In case of a protest against a proposed amendment in accordance with New York State Village Law § 7-708, such amendment shall not become effective except by the favorable vote of at least 4/5 of the members of the Board of Trustees.
J. 
Notwithstanding any other provision of this chapter, where the Board of Trustees, by resolution, authorizes a public hearing on a proposed amendment to this chapter, for a period of 90 days following the date of such resolution, no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in a manner that would be contrary to the provisions of the proposed amendment.
K. 
The Village Board of Trustees shall not consider any application for amendment to any chapter of the Zoning Code when the property owner of the property under consideration for any amendment is in violation of the Village Code pursuant to Chapter 90, Building Construction and Fire Protection, or if such owner is delinquent with fees for Village services or utilities, taxes, penalty, or interest due at the time of requesting such amendment.