Norwood Village City Zoning Code
ARTICLE IX
Amendments
§ 200-70 Amendments.
The Village Board may, on its own motion, on petition or on recommendation of the Village Planning Board, amend this chapter pursuant to the applicable requirements of law.
§ 200-71 Notice of public hearing.
At least 10 days prior to a public hearing to consider zoning amendments, a notice of the time and place of such hearing shall be published in a paper of general circulation in the Village.
§ 200-72 Notice to adjacent property owners.
At least 10 days prior to the date of the public hearing, written notice of any proposed regulations, restrictions or boundaries of such districts, including any amendments thereto, affecting property within 500 feet of the following shall be served personally or by mail by the Village upon each person or persons listed below:
A.
The property of the housing authority erecting or owning a housing project authorized under the Public Housing Law: upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto.
B.
The boundary of a city, village or town: upon the Clerk thereof.
C.
The boundary of a county: upon the Clerk of the Board of Supervisors or other person performing like duties.
D.
The boundary of a state park or parkway: upon the regional state park commission having jurisdiction over such state park or parkway.
§ 200-73 Additional requirements.
The procedural requirements set forth herein shall be in addition to the requirements of the provisions of §§ 239-l and 239-m of the General Municipal Law relating to review by a county, metropolitan or regional planning board; the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations which are codified in Title 6, Part 617, of the New York Codes, Rules and Regulations and any other general laws relating to land use and any amendments thereto.
§ 200-74 Public hearing.
The public, including those served notice pursuant to § 200-71 shall have an opportunity to be heard at the public hearing. Those parties set forth in § 200-71A, B, C and D, however, shall not have the right of review by a court as hereinafter provided.
§ 200-75 Filing with Secretary of State.
The Village Board shall also file the law or amendment thereof with the office of the Secretary of State. The law or amendment shall take effect upon filing with the office of the Secretary of State or 10 days after publication of the amendment, whichever occurs later.
§ 200-76 Rezoning; amendments to Zoning Map.
This chapter is based upon a planning process and in particular a Comprehensive Plan for the Village of Norwood's future development. This chapter reflects existing conditions and uses and seeks to implement the plan for future development. The Zoning Map and regulations will be amended in the future to reflect the growth of the municipality and the region. This section establishes guidelines for the amendment of the Zoning Map.[1]
A.
The development or redevelopment potential of a piece of land is determined by a number of factors, many of them beyond the control of the Village of Norwood involving private and public development decisions, changing technology, economic expansion and population growth.
B.
The optimum development for a parcel or pattern for a neighborhood is in continual flux. Zoning can reflect existing conditions, but must also retain the flexibility to adapt to evolving conditions. For this reason, the EDZ Empire Zone has been established and zone changes may be necessary from time to time.
[Amended 12-19-2006 by L.L. No. 1-2006]
C.
Approval under EDZ Empire Zones and subdivision regulations[2] should seek to ensure that development is adequately supported by basic services and improvements such as school sites; water, sewer and storm drains and other utilities; parks, playgrounds and other recreational facilities; streets, sidewalks, parking and other circulatory and transportation facilities; fire and police protection; lighting and other public safety facilities; grading, landscaping and other topographic modifications. The Planning Board may review the timing of development and the manner in which the cost of basic services and improvements are allocated. Recognizing that many basic services and improvements can be provided out of public funds or out of the revenues of a public or quasi-public system and that restrictions relating to these matters may result in an inequitable allocation of the costs and benefits of development within the Village among various income groups, the following general limitations shall apply:
[Amended 12-19-2006 by L.L. No. 1-2006]
(1)
The time when development can take place should be postponed when basic services and improvements are inadequate, if the cost of the service or improvement cannot presently be absorbed by the public or by that segment of the public which uses the system without placing an unreasonable strain on the system or on public resources and unless a plan exists under which every effort is being made to meet the legitimate demands of growth and development in an orderly manner.
(2)
The cost of any basic service or improvement authorized by law may be imposed against development by requiring that the developer provide the service or improvement or contribute land or cash towards its provision, if the requirement results in a fair allocation of the costs and benefits of the service or improvement and the requirement does not have the effect of denying a reasonably available public subsidy to persons and families who cannot afford to pay the full cost of the service or improvement.
(3)
In no case should the Village use the control powers granted by this chapter to prevent development nor to exclude a sector of the region's market by the establishment of development criteria which exceed the basic requirements of health, safety and public welfare.
[2]
Editor's Note: See Ch. 165, Subdivision of Land.
D.
Unless specifically waived by this chapter, the following criteria will be considered by the Planning Board prior to submitting a recommendation on any map change proposal to the Village Board. Planning Board recommendations concerning rezoning shall reflect its positions on these criteria.
(1)
The development which will follow remapping shall be examined to determine:
(a)
The relationship to the Comprehensive Plan; not only the land use plan, but elements concerning density and levels of public service.
(b)
The relationship to the existing and possible adjacent conforming development.
(c)
The level of service demands (water, sewer, fire protection, school and transportation and others applicable) and the relationship to existing services, including the relationship between the cost of needed public services and the projected tax revenue from the future development.
(d)
The contribution to the community and specifically to the economic base outside the property tax impact.
(e)
The impact on the Village's housing supply and that of the county and the region.
(f)
The impact on the natural, cultural and aesthetic resources, including open space and water quality.
(g)
The impact on the transportation network.
(2)
The above criteria shall be used to determine not only if rezoning should take place, but also timing and intensity of development.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.