Ithaca City Zoning Code
ARTICLE XI
Amendments
§ 325-46 Amendment procedure outlined.
[Amended 5-2-2001 by Ord. No. 2001-3]
A.
Compliance with General City Law. The Common Council may from time to time, on its own motion, on petition or on recommendation of the City Planning and Development Board or the Department of Planning and Development, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing as required by the General City Law.
B.
Referral to City Planning Board. Every such proposed amendment or change, except for those of a minor or nonsubstantive nature, whether initiated by the Common Council or by petition, shall be referred to the City Planning and Development Board for report thereon before the public hearing hereinafter provided for.
C.
Zoning amendments procedure.
(1)
Procedural guide adopted. The guide for Zoning Ordinance amendments dated October 3, 1990, as amended, is hereby adopted by the Common Council to serve as a procedural guide for the consideration of proposed amendments to Chapter 325, Zoning.
(2)
Construal of provisions.
(a)
The adoption of this guide shall not in any way substitute for or obviate the need for strict compliance with the procedural requirements for Zoning Ordinance amendments contained in state or local laws.
(b)
The adoption of this guide shall not constitute a new set of binding procedural requirements for the amendment of Chapter 325, Zoning, and failure to follow the procedural suggestions in this guide shall not cause a defect in the approval of a Zoning Ordinance amendment, provided that all legal requirements are met.
(3)
Guide for amendments.
(a)
This guide for the review of Zoning Ordinance amendments is designed to accommodate three different types of situations. The procedure used would depend on the complexity of the zoning amendment being considered. The Planning Committee would determine which procedure is appropriate. The steps outlined are intended as a guide, not as rigid requirements.
(b)
The three different procedures are as follows:
[1]
Minor and nonsubstantive changes or amendments (minor word, number, placement or other similar changes, modifications or alterations that do not modify existing zoning concepts).
[a]
The Planning and Development staff or other interested parties provide an explanatory memorandum to the Planning Committee. This explanatory memo will set forth the current zoning language and the proposed change of a minor or nonsubstantive nature. The memo should also propose how to correct the unclear provision (i.e., how to correct a typographical error, numbering change or better placement within the Zoning Code, Chapter 325). If the Planning Committee desires additional information, the information shall be provided.
[b]
Referral to Common Council for action. The Planning Committee shall forward the proposed changes, with its endorsement, to Common Council; Common Council votes on the proposed amendments.
[c]
The procedures in the remaining subsections of this part shall not apply to minor and nonsubstantive changes or amendments.
[2]
Complex Zoning Ordinance amendments (extensive changes to the rules for a zoning district, a map change or similar major modification to the Zoning Ordinance).
[a]
Referral. Planning and Development staff, the Planning and Development Board or the Common Council refers a zoning issue to the Planning Committee. Changes may also be undertaken by the Planning Committee without referral.
[b]
Concept memo. The Planning Committee directs the Planning and Development staff to draft a memorandum explaining the concept of the proposed zoning change. The memorandum is referred to the Planning and Development Board, the four advisory commissions of the City, the City Attorney, the City Engineer, the Director of Planning and Development, and other relevant boards, commissions, or City departments, for review and comment.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
[c]
Comments received. The Planning and Development Department receives and compiles written comments for consideration by the Planning Committee. The Planning Committee may advance the proposed amendment, modify it, request more information or terminate consideration. The Planning Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment.
[d]
Amendment first draft. The Planning Committee directs the Planning and Development staff in conjunction with the City Attorney to draft the proposed change. Environmental review is initiated. If possible, the Planning Committee Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to the Attorney, the Department of Planning, Building and Economic Development, the Engineering Department, the Parks, Recreation, and Natural Resources Commission, the Planning and Development Board and other relevant boards, commissions or City departments.
[2]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
[e]
Referral to the Common Council or to the committee of the whole (or a combined meeting of the affected committees or boards). The Planning Committee receives comments on the draft and directs the Planning and Development staff to make appropriate modifications to the amendment. The modified amendment is referred by the Planning Committee to the Common Council, the committee of the whole (or a combined meeting of the affected committees or boards). If the amendment is referred to the latter two groups, the committee of the whole will refer the amended draft to the Common Council.
[f]
Public hearing. The proposed change shall be advertised and a public hearing shall be held.
[g]
Council action. The Common Council votes on the proposed amendment.
[3]
Extensive Zoning Ordinance amendments (development of a new zoning district or ordinance section or extensive map changes). The procedure shall be the same as in Subsection C(3)(b)[2] above, except that the draft amendments may be referred back to the various boards and committees for comments. Several drafts of the ordinance will likely need to be prepared.
D.
The time and place of a public hearing on the proposed amendment shall be fixed and notice shall be given by publishing a notice at least 15 days prior to the date of the public hearing in the official newspaper of the City of Ithaca.
E.
Compliance with General Municipal Law. In amending this chapter, the Common Council shall, before taking final action thereon, comply with General Municipal Law §§ 239-l and 239-m.
F.
Conduct of public hearing. The public hearing shall be held by the Common Council in accordance with its own rules and General City Law § 83.