Greenburgh City Zoning Code
ARTICLE IX
Amendments
§ 285-64 Amendment procedure.
This chapter or any part thereof, including the Zoning Map, Supplementary Zoning Map and schedules attached thereto, may be amended, supplemented, changed, modified or repealed, from time to time, by the Town Board on its own motion; upon recommendation by the Planning Board; or by petition of a property owner to the Town Board. Every proposed amendment shall be referred by the Town Board to the Planning Board for a report and recommendation thereon before a public hearing is held by the Town Board. Except by three-fourths vote, the Town Board shall not adopt any amendment, of whatever nature, to this chapter, if the Planning Board has not approved it, except in the instance where the Planning Board fails to convey its report to the Town Board within the sixty-day time limitation as established in Subsection B(3) of this section; in which case, such failure to report shall be construed by the Board as approval. Before adopting any amendment, the Town Board shall adopt a resolution setting forth the findings upon which the Town Board determined such amendment to be required by the public interest in furtherance of the purposes set forth in Article I herein.
A.
Petition by a property owner. A petition for an amendment or change may be presented to the Town Board by the owner or owners of any property in the unincorporated area of the Town of Greenburgh who desires a change in the provisions of this chapter affecting his or their property. The petition shall be made on a standard form prescribed by the Town Board and shall set forth the full names and addresses of both the record and any beneficial owners of the property, an accurate description of the property and any improvements thereon, the location thereof, the exact change which the petitioner desires and such other information as the Town Board may require. Each such petition shall be verified by the petitioner, and, if different parties hold the record and beneficial ownerships of the property, all such parties must join in such petition and verify the same.
B.
Report of the Planning Board. In making its report on any 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 this 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 Town 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 official planning policies of the Town of Greenburgh.
(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, utilities and services, including roads, exist or can be reasonably expected to be created or 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 development of the Town as envisioned by the official planning policies of the Town of Greenburgh.
(3)
Timing of Planning Board report.
(a)
With respect to any proposed amendment or change referred to it by the Town Board, the Planning Board shall submit its report and recommendation to the Town Board not more than 60 days after the first meeting of the Planning Board held subsequent to such referral unless, within such 60 days, such proposal shall be withdrawn or amended or the Planning Board shall determine that, by reason of the complexity of the questions presented or like considerations, an additional period of time, not exceeding 30 days, is reasonably required for the proper disposition thereof.
(b)
If, during the thirty-day period aforesaid, the Planning Board decides that further time is necessary for a full and fair determination of the issues, then one more thirty-day period shall be permitted for its deliberations.
[Amended 3-24-1982]
(c)
If the Planning Board shall not have submitted its report and recommendations within such original 60 days or additional periods not exceeding 60 days, the Town Board, in its discretion, may proceed to final consideration of the proposal as though the Planning Board has recommended approval of the proposal.
(4)
Contents of Planning Board report and recommendation. In recommending the adoption of any proposed amendment or change, the Planning Board shall report to the Town Board the reasons for such recommendation, describing any change in conditions that the Planning Board believes warrants the amendment or change and its relation to the applicable provisions of Subsection B(1) and (2) of this section. If the Planning Board recommends against the adoption of a proposed amendment or change, or modification of said proposed amendment or change, it shall include in its report a statement of its reasons for such disapproval or modification.
C.
Required fee. Each petition for a zoning amendment shall be accompanied by the required fee. The amount of such fee shall be as may be determined from time to time by the Town Board. No fee shall be required for petitions filed in favor of or against any application previously filed.
D.
Public hearing. By resolution adopted at a meeting of the Town Board, the Town Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of § 264 of Article 16 of the Town Law. In addition to meeting all other requirements under the 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 10 days' notice of the time and place of such hearing shall be published in the official newspaper. No further proceedings on the part of the Town Board need be had with respect to a proposed amendment or change which has been disapproved by the Planning Board unless the Town Board shall, by resolution, determine that a public hearing should be held by reason of the particular facts and circumstances involved. When a proposed amendment or change is initiated by petition pursuant to Subsection A(1) of this section, the expenses of advertising notice of public hearing of such proposal shall be paid by the petitioner.
E.
Referral to other communities. Should any proposed amendment consist of or include either of the two following conditions, the Town Clerk shall transmit to the clerk of the municipality affected a copy of the official notice of the public hearing not later than 10 days prior to the date of hearing.
(1)
Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any village, town or city.
(2)
Any change in the regulations prescribed for any district, any portion of which is located within 500 feet of the boundary of any village, town or city.
F.
Referral to Westchester County Planning Board. The proposed amendment shall be submitted to the Westchester County Planning Board, when so required by the Westchester County Administrative Code, prior to final action by the Town in said amendment.
G.
In the case of a protest against any amendment signed by the owners of 20% or more either of the area of the land included in such proposed change or of that immediately adjacent, extending 100 feet therefrom, or of that directly opposite thereof, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.
§ 285-65 Applicability of certain amendments.
[Added 7-8-1987 by L.L. No. 3-1987; amended 2-10-1988 by L.L. No. 1-1988]
The amendments to this chapter adopted as Local Law No. 3-1987 shall not apply to any property for which a site plan, overall comprehensive development plan or preliminary subdivision has been approved prior to the effective date of Local Law No. 3-1987, and provided further that construction proceeds diligently as approved within the time period allowed by such approval, and shall not apply to any site plan amendment hereinafter approved amending such a site plan or overall comprehensive development plan, provided that said future site plan amendment does not increase the floor area ratio of the development (or maximum coverage where there is no floor area ratio requirement) above that previously approved or the currently permitted maximum floor area ratio (or maximum coverage where there is no floor area ratio requirement), whichever is greater.