Monroe City Zoning Code
ARTICLE XVII
Amendments 1
§ 200-77 Amendments.
A.
Procedure. This chapter, or any part thereof, may be amended, supplemented or repealed, from time to time, by the Village Board on its own motion or upon recommendation by the Planning Board. Prior to public hearing, every such proposed amendment shall be referred by the Village Board to the Planning Board for a report. The Village Board shall not take action on any such amendment without such report from the Planning Board unless the Planning Board fails for any reason to render such report within 45 days following the date of such referral. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text of the 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 Village 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.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Village of Monroe.
[Amended 6-13-2017 by L.L. No. 5-2017]
(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)
As a result of such change, whether adequate school facilities or other public facilities and services, including roads, exist or can be created to serve the needs of any additional residences or other uses likely to be constructed.
(c)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the Village as envisioned by the Comprehensive Plan.
[Amended 6-13-2017 by L.L. No. 5-2017]
(e)
Whether the proposed amendment is likely to result in an increase or decrease in the total residential capacity of the Village and the probable effect thereof.
B.
Fee. Each petition for a zoning amendment shall be accompanied by a fee (see fee schedule[1]) which shall include the costs of the advertising and holding a public hearing. No fees shall be required for a petition filed in favor of or against a pending application.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
C.
Public hearing. By resolution, adopted at a meeting of the Village Board, the Village 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 provisions of § 7-706 of the Village 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.
D.
Required notification of adjacent municipality. Should any proposed amendment consist of or include any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other municipality, or any change in the regulations prescribed for any district any portion of which is located within 500 feet of such boundary, the Village Clerk shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereof not later than the day after such notice appears in the official newspaper of the Village.
E.
Required notification of County Planning Department. Should any proposed amendment consist of or include any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other municipality; the boundary of any existing or proposed state or county park or other recreation area; the right-of-way of any state parkway, thruway, expressway or other controlled access highway or county road or parkway; the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or the boundary of any county- or state-owned land on which a public building or institution is located; or any change in the regulations prescribed for any district any portion of which is located within 500 feet of such boundaries, lands or rights-of-way, then such proposed amendment, accompanied by the notice of the public hearing, shall be forwarded to the Orange County Planning Department by the Village Clerk for review in accordance with the provisions of Article 12-B, §§ 239-l and 239-m of the General Municipal Law of the State of New York at least 10 days prior to the public hearing. No action shall be taken by the Village Board until the county's recommendations have been received or 30 days have elapsed after such referral has been made.
F.
Protest. In the case of a protest against any amendment, such amendment shall not become effective, except in accordance with the provisions of § 7-708 of the Village Law.
G.
State Environmental Quality Review Act. Amendments by the Village Board shall be subject to the procedures outlined by the State Environmental Quality Review Act (SEQRA). The Village Board shall include a summary of all pertinent data in its findings, upon which a determination is made.
H.
Conformity with the Comprehensive Plan. In all cases where the Village Board shall approve an amendment to this chapter, said Board shall find that, for reasons fully set forth in said findings, such amendment is in conformity with the Comprehensive Plan for the community's development.
[Amended 6-13-2017 by L.L. No. 5-2017]