Mount Kisco City Zoning Code
ARTICLE XI
Amendments
§ 110-51 Conditions for amendment.
This chapter or any part hereof, including the Zoning Map, may be amended, supplemented, changed, modified or repealed by the Board of Trustees on its own motion, upon recommendation by the Planning Board or pursuant to a petition to the Board of Trustees, in accordance with the provisions of § 1-7 of this Code and of this Article; provided, however, that whenever a referral of a proposed amendment or change in this chapter to the Planning Board shall be required, the public hearing on any local law effecting such amendment or change shall be held not less than 30 days after such referral.
§ 110-52 Recommendations by Planning Board; petitions.
A.
Recommendations by Planning Board. Upon resolution of the Planning Board, the Secretary of such Board shall forward to the Board of Trustees any recommendation initiated by the Planning Board for an amendment or change to this chapter. Such recommendation shall be accompanied by a report of the Planning Board in the form required by § 110-53(C) of this chapter. The Board of Trustees may act upon a local law giving effect to such recommendation without further referral to the Planning Board.
B.
Petition by resident or property owner.
[Amended 12-28-2009 by L.L. No. 7-2009]
(1)
A petition for amendment or change to this chapter by a resident or owner of property within the Village shall be presented, in writing, to the Board of Trustees. The petition shall set forth the names of the record owner and any beneficial owners of the property, an accurate description of the property to be affected by the proposed change, the exact change in the text of this chapter or the Zoning Map which is proposed and a verification by the petitioner that the information contained in the petition is true to the best of the petitioner's knowledge. The petition shall be accompanied by a short environmental assessment form in compliance with the requirements of the State Environmental Quality Review Act (SEQRA). The Board of Trustees may require such additional information as it deems necessary to consider the petition and comply with the requirements of SEQRA and any other applicable law.
(2)
Upon resolution of the Board of Trustees to hold a public hearing on a local law effecting the amendment or change proposed by the petition, the petitioner shall serve notice of the public hearing, including the substance of the petition, by publication in the official newspaper of the Village at least 15 days before the date of such hearing. In addition to such published notice, the petitioner shall cause such notice to be mailed by certified mail, at least 10 days before the hearing, to all owners of property which lies within 300 feet of the property for which approval is sought and to such other owners and by such other means of notification as the Board of Trustees may deem advisable. The notice required by this section shall be in addition to and not in substitution for any other notice required by any other provision of this Code or any other applicable law. The applicant shall submit proof of compliance with the requirements of this section at the public hearing.
(3)
In order to ensure that the cost to the Village of any engineering, planning, legal or other expert consultations required in connection with the review of a petition for an amendment or change to this chapter shall be borne by the applicant, the applicant shall, upon the submission of a petition for such amendment or change, deposit with the Treasurer of the Village/Town of Mount Kisco a sum in the amount set forth in § A112-110C of this Code; provided, however, that upon a resolution of the Board of Trustees, finding that a deposit in a lesser amount will be sufficient to satisfy the anticipated cost of reviewing the application, the applicant may satisfy its obligation under this section to make an initial deposit by depositing such lesser amount. The Board of Trustees shall not consider any application for which a deposit is required under this section until the Treasurer has certified that the required deposit has been made. The sum deposited shall be held by the Treasurer in a separate trust and agency account for the benefit of the applicant and will be disbursed by the Treasurer for the payment of such engineering, planning, legal or other expert consultations as are required by the Board of Trustees, Planning Board or Village Manager for the review of the petition, or other application related thereto, in accordance with the usual requirements of the Village for the payment of bills. In the event that, prior to the completion of the review of the petition, the sum deposited is depleted to the amount set forth in Column B of § A112-110C, the petitioner shall deposit an additional amount as set forth in Column C of § A112-110C. Review of the petition shall be suspended until the applicant makes the additional required deposit. After the final action of the Board of Trustees with respect to the petition, and upon payment of all of the fees for the reviews contemplated herein, the balance remaining in the trust and agency account shall be returned to the petitioner. The requirements of this section shall be strictly enforced, and no amendment or change to which this section applies shall be effective until the fees required to be paid pursuant to this section have been paid.
[Added 8-3-1992 by L.L. No. 4-1992]
§ 110-53 Referral to Planning Board; inquiry; report.
[Amended 12-28-2009 by L.L. No. 7-2009]
A.
Referral. Whenever the Board of Trustees shall, by resolution, authorize a public hearing on a local law which, if adopted, would amend or change any provision of this chapter, the Board of Trustees shall refer the proposed local law to the Planning Board for its report and recommendation. The Board of Trustees may, in its discretion, refer a proposed amendment or change in this chapter to the Planning Board for its report and recommendation prior to authorizing a public hearing on a local law effecting the proposed change. No referral shall be required for any proposed local law which, if adopted, would effect the report and recommendation of the Planning Board made upon the Planning Board's own initiative or pursuant to a referral prior to the authorization of a public hearing, provided that the Board of Trustees, by resolution, authorizes a public hearing upon such proposed local law within six months of the submission to the Board of Trustees of the prior report and recommendation of the Planning Board.
B.
Planning Board inquiry. In making its report on any proposed amendment, the Planning Board shall make an 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 this 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 Master Plan of the Village/Town of Mount Kisco, New York.
C.
Contents of Planning Board report and recommendation. In recommending the adoption of any proposed amendment or change, the Planning Board shall report to the Village Board the reasons for such recommendation, describing any change in conditions that the Planning Board believes warrants consideration and its relation to the applicable provisions of Subsections A and B of this section. If the Planning Board recommends against the adoption of a proposed amendment or change, it shall include in its report a statement of its reasons for such negative recommendation.
D.
Timing of the Planning Board report. The Planning Board shall submit its report and recommendation to the Board of Trustees not more than 30 days after the resolution of the Board of Trustees referring the proposed local law to the Planning Board. Upon the request of the Planning Board, the Board of Trustees may extend the time for the Planning Board to submit its report and recommendation. If the Planning Board has not submitted its report and recommendation within such 30 days or such additional period as the Board of Trustees shall have granted, the Board of Trustees may, at its discretion, act upon the proposed local law without the report and recommendation of the Planning Board.