Hastings On Hudson City Zoning Code
ARTICLE XVI
Miscellaneous Provisions
§ 295-152 Fees.
Fees for building permits, site plan approval, special use permits, notices of appeal to the Board of Appeals and other fees required under this chapter shall be fixed from time to time by a resolution of the Board of Trustees of the Village of Hastings-on-Hudson.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
§ 295-153 Contents of notices.
In addition to any other requirements imposed by law, including this chapter, for the giving of any notices, all notices required to be given under any provision of this chapter shall be given in clear, concise and ordinary language and shall contain a description of the property at issue by sheet, lot and block and post office address, and a clear and concise statement of the purpose of the action or proceeding for which the notice is given.
§ 295-154 Service of notices and documents.
Whenever a notice or other document is personally served pursuant to this chapter, there shall be filed with the Village Clerk a written statement setting forth the name of the person who served the notice or document, the name of the person on whom service was made and the date, time and place of the service.
§ 295-155 Conduct of public hearings.
Where a public hearing is required or permitted by this chapter, nothing contained in this chapter shall preclude the holding of additional public hearings or, to the extent permitted by law, nonpublic hearings.
§ 295-156 Judicial proceedings.
Except as otherwise provided in a judicial decision, judgment or decree, where this chapter requires any act to be performed within a specified time, that time shall be tolled during the pendency of any judicial proceeding, including all appeals, brought to review any order, requirement, decision, determination or action the validity of which is, under this chapter, a precondition for that act.
§ 295-157 Amendments.
A.
Authority to amend. This chapter, including the schedule and Zoning Map[1] incorporated herein, may from time to time be amended, supplemented, changed, modified or repealed by the Board of Trustees, either on its own motion, on the recommendation of the Planning Board or Board of Appeals or on application or petition by a property owner or owners with respect to the property they own.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
B.
Contents of application or petition; fee.
(1)
Any application or petition by a property owner or owners for an amendment or other change to this chapter shall be filed with the Village Clerk in triplicate on official Village forms and shall contain:
(a)
The names and addresses of the applicants or petitioners and the section, lot and block numbers and street address, if any, of those properties under their ownership with respect to which the amendment is sought.
(b)
A map drawn to a convenient scale showing lot lines, building locations and the section, lot and block numbers of all properties with respect to which the amendment is sought.
(c)
A complete description of the nature of the amendment requested, including the section and paragraph of this chapter, if any, sought to be changed, and of the reasons the request is made.
C.
Public hearing; referral; limitation on construction and issuance of permits.
(1)
The Board of Trustees shall fix a reasonable time for a public hearing, at which parties in interest and citizens shall have an opportunity to be heard on any proposal to amend, supplement, change, modify or repeal this chapter, whether that proposal is upon the motion of the Board of Trustees, upon the recommendation of the Planning Board or Board of Appeals or pursuant to an application or petition by a property owner or owners. Due notice of that public hearing shall be given pursuant to Subsection D below.
(2)
Upon fixing the time of the public hearing, the Board of Trustees shall also refer the proposed amendment or other change to the Planning Board and the Board of Appeals for advisory reports, pursuant to Subsection E below.
(3)
Whenever the Board of Trustees, by resolution, has authorized and scheduled a public hearing on a proposed amendment or other change to this chapter, for a period of 62 days following the date of that resolution, no building or structure shall be constructed, reconstructed, altered, renovated, demolished, enlarged, moved or removed, and no permit shall be issued for the construction, reconstruction, alteration, renovation, demolition, enlargement, moving or removing of any building or structure or for the occupancy of any land, building or structure, that would in any manner be contrary to or in violation of provisions of the proposed amendment or other change.
D.
Notice of hearing.
(1)
Notice of the public hearing shall state:
(a)
The time and place of the hearing.
(b)
The street address, sheet, lot and block, zoning district and location of the property with respect to which the amendment or other change is proposed.
(c)
A description of the nature of the proposed amendment or other change, including the section and paragraph of this chapter sought to be amended or changed.
(d)
Whether the proposal is on motion of the Board of Trustees, upon recommendation of the Planning Board or Board of Appeals or upon application or petition of property owners, and, if the proposal is upon application or petition of property owners, their names and addresses.
(2)
Notice of the public hearing shall be published not less than 10 days before the hearing date at least once in a newspaper of general circulation in the Village.
(3)
In addition, where the proposed amendment or other change is upon application or petition of property owners, those property owners shall also provide actual notice of the proposed amendment or change to certain property owners, as follows:
(a)
The applicants or petitioners shall either deliver by hand or send by certified mail (return receipt requested) or any other method of delivery providing proof of delivery a copy of the notice of the hearing to all persons who, according to the latest completed assessment roll of the Village, own property within a radius of 300 feet of the property lines of the subject property; provided, however, that where, in the opinion of the Building Inspector, the amendment or change may affect property located more than 300 feet from the property lines of the subject property, the applicants or petitioners shall thus notify all owners of property within that affected area, as determined by the Building Inspector, but need not notify any person owning property more than 500 feet from the property lines of the subject property.
[Amended 2-1-2005 by L.L. No. 2-2005]
(b)
The notices shall be delivered by hand not less than 10 days, or mailed not less than 13 days, before the date of the hearing to the street address of each of the properties specified in Subsection D(3)(a), whether or not the owner resides there, to any other address indicated by the assessment roll as the address of an absentee owner and to any other address known by the applicants or petitioners to be the actual business or residence of an absentee owner.
(c)
The public hearing shall not be held unless the applicants or petitioners have filed with the Board of Trustees either the return receipts from the mailing of notices or, if the notice was delivered by hand, a written affidavit of service; provided, however, that the Board of Trustees may excuse the failure to notify any property owner pursuant to this Subsection D(3) upon proof by the applicants or petitioners of diligent efforts to comply with the requirements of this Subsection D(3) and upon a showing that reasonable grounds exist for that failure to comply, including, without limitation, difficulties in determining lot lines or the names or addresses of the property owners.
(4)
A copy of the notice of the public hearing shall be mailed to the Westchester County Planning Board not less than 10 days before the public hearing. The County Planning Board may appear and be heard at the hearing and may file a memorandum of its position.
(5)
A written notice of any proposed change or amendment affecting property within 500 feet of a housing project authorized under the Public Housing Law shall be served personally or by mail upon the executive director of the housing authority erecting or owning the project and to the chief executive officer of the municipality providing financial assistance thereto at least 10 days before the date of the public hearing.
(6)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway or city, Village, town or county shall be given in the case of a city, Village or town to the Clerk of that city, Village or town, and, in the case of a county, to the Clerk of the Board of Supervisors or other person performing like duties, and, in the case of any state park or parkway, to the regional state park commission having jurisdiction over such state park or parkway at least 10 days before the date of the public hearing. Such city, Village, town or county shall have the right to appear and to be heard at the public hearing with respect to any such proposed change or amendment.
(7)
A copy of the notice of the public hearing shall be given to any other person or entity required by law to receive such notice.
E.
Report by Planning Board and Board of Appeals.
(1)
Before the closing of the public hearing on any proposed amendment or other change to this chapter, the Planning Board and Board of Appeals shall file with the Board of Trustees advisory reports on that proposed amendment or other change.
(2)
In recommending the adoption or rejection of any such proposed amendment or change, the Planning Board shall state the reasons for its recommendations, including:
(a)
With respect to amendments or changes in the text of this chapter:
[1]
Whether and how the proposed amendment or other change is consistent, or inconsistent, with the comprehensive plan of land use of the Village, as it may exist from time to time.
[3]
Which areas and establishments of the Village will be directly affected by the amendment or change and in what way they will be affected.
[4]
The indirect implications of the amendment or change in its effect on other laws and regulations.
(b)
With respect to amendments or changes in the Zoning Map:
[1]
Whether and how the proposed amendment or other change is consistent, or inconsistent, with the comprehensive plan of the Village, as it may exist from time to time.
[2]
Whether the uses permitted by the proposed amendment or other change would be appropriate in the area concerned.
[3]
Whether adequate public schools or other facilities and services exist or can be created to serve the needs of any additional development likely to be constructed as a result of the amendment or change.
(3)
In making its report on any proposed amendment, the Board of Appeals shall state its views as to the desirability and practicability of the proposal.
(4)
The failure of the Planning Board or the Board of Appeals to file an advisory report as required by this section shall not affect the power of the Board of Trustees to act on the proposed amendment or other change.
F.
Disapproval by County Planning Board. If the County Planning Board, in appearing before the Board of Trustees at the public hearing, disapproves of the proposed amendment or other change, or recommends changes or modifications thereof, the Village shall not act contrary to that disapproval or recommendation except by adoption of a resolution by the Village Board of Trustees.
G.
Protests. In case of a written protest against a proposed amendment or other change presented to the Board of Trustees and signed by the owners of 20% or more of the area of the land included in the proposed amendment or other change, or by the owners of 20% or more of the land immediately adjacent thereto, extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto, extending 100 feet from the street frontage of that opposite land, the amendment or other change shall not become effective except by the favorable vote of 3/4 of the members of the Board of Trustees.
[Amended 6-15-1999 by L.L. No. 3-1999]
H.
Conformity to Comprehensive Land Use Plan. In all cases where the Board of Trustees shall approve an amendment to the Zoning Map,[2] the Board shall find that, for reasons fully set forth in its findings, the amendment is in conformity with the comprehensive plan of land use for the Village, as it may exist from time to time.
[2]
Editor's Note: The Zoning Map is on file in the Village offices.
J.
Minutes; publication.
(1)
Every amendment or other change to this chapter (excluding any map incorporated therein) shall be entered in the minutes of the Board of Trustees and a copy, summary or abstract thereof (exclusive of any map incorporated therein) shall be published once in a newspaper of general circulation in the Village. Such minutes shall describe and refer to any map adopted in connection with such amendment or change.
(2)
In addition to publication, a copy of the amendment or other change, together with a summary or abstract of any map incorporated therein, shall be posted conspicuously at or near the main entrance to the office of the Village Clerk.
(3)
Affidavits of the publication and posting thereof shall be filed with the Village Clerk.
K.
Effective date. The amendment or other change shall take effect upon filing in the office of the Secretary of State, but shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Village Clerk and showing the date of its passage and entry in the minutes.
L.
Effect on approved subdivisions. Notwithstanding any inconsistent provision of this chapter, the provisions of any amendment or other change to this chapter that establish or increase lot areas or lot dimensions that are greater than or in excess of the lot areas or lot dimensions of the lots shown and delineated on a subdivision plat that has been duly approved by the Planning Board, and which subdivision plat or the first section thereof has been duly filed in the office of the recording officer of the county, or which provisions establish or increase side, rear or front yard or setback requirements in excess of those applicable to building plats under the provision of the zoning law in force and effect at the time of the filing of the subdivision plat or first section thereof, shall not, for a period of three years after the filing of the subdivision plat or first section thereof, be applicable to or in any way affect any of the lots shown and delineated on the subdivision plat.
[Amended 6-15-1999 by L.L. No. 3-1999]
§ 295-158 Repealer; effect of repeal.
The local law on zoning of the Village of Hastings-on-Hudson adopted by the Board of Trustees and effective July 1, 1979, and any and all amendments thereto, are hereby repealed. That repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred before the repeal takes effect; but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.
§ 295-159 Supersession.
To the extent necessary to comply with applicable state law, if the enactment of this chapter pursuant to the Municipal Home Rule Law is deemed to be a supersession or modification of the Village Law, then this chapter shall be deemed to supersede any inconsistent provision or procedure set forth in § 7-706 of the Village Law.
§ 295-160 Greenway Compact Plan.
[Added 11-15-2005 by L.L. No. 7-2005]
By Local Law No. 7 of 2005, the Village of Hastings-on-Hudson has adopted the Compact Plan, as amended from time to time, as a statement of policies, principles, and guides to supplement other established land use policies in the Village. In its discretionary actions under this Zoning Code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.