Ogdensburg City Zoning Code
ARTICLE XVIII
Amendments
§ 221-96 Legislative authority.
As authorized by § 83 of the New York State General City Law, the City Council may, on its own motion or on petition after public notice and hearing, amend, supplement, repeal or change the regulations and districts established in this chapter in accordance with the legal requirements of the General City Law.
§ 221-97 Referral to Planning Board.
A.
All proposed amendments shall be referred to the Planning Board for a report and recommendation prior to taking final action. The Planning Board shall submit its report to the City Council within 45 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute its recommendation for approval of the proposed amendment.
B.
In making such report recommending to approve, modify or disapprove the proposed amendment, the Planning Board shall determine the following:
(1)
Whether such change is consistent with the purposes and goals of this chapter as noted in § 221-4.
(2)
Whether such change is consistent with the principles and spirit of the community plan of the City.
(3)
Whether such change is consistent with any adopted Local Waterfront Revitalization Program.
(4)
Whether any new uses permitted by the proposed rezoning would be appropriate in the area concerned, considering land use compatibility with existing land uses, adequacy of public services and highway safety and function.
§ 221-98 Referral to County Planning Board.
A.
Proposed amendments which would change the zoning classification of or the regulations applying to property lying within a distance of 500 feet of any municipal boundary, state park boundary, the right-of-way of any county or state highway or the boundary of any county- or state-owned land on which a public building or institution is situated shall be referred to the County Planning Board in accordance with § 239-m of the General Municipal Law prior to taking final action on the matter.
B.
Within 30 days after receipt of a full statement of the proposed amendment, the County Planning Board shall report its recommendation accompanied by a statement of reasons for such recommendation. If the County Planning Board fails to report within such period of 30 days or such longer period as may have been agreed upon by the City, the City Council may take final action on the matter without such a report.
§ 221-99 Public notice and hearing.
Before a final vote on any proposed amendment there shall be a public notice and hearing held at which interested parties and citizens shall have the opportunity to comment on the proposed amendment. Such public hearing may be held by the City Council or the Planning Board. Notice of the time and place of such hearing shall be published in a paper of general circulation at least 10 days prior to the hearing.
§ 221-100 City Council vote; protests.
After the public hearing and consideration of the Planning Board recommendations, a majority vote of the City Council membership shall be required to amend this chapter. In the case of a County Planning Board recommendation to disapprove or modify the proposal, a majority plus one vote of the full membership is necessary to act contrary to such recommendation. In the case of a protest against such change signed and acknowledged by the owners of 20% or more of the land area included in the proposed change or by the owners of 20% or more of the area of land immediately adjacent within 100 feet of such affected area, such proposed amendment shall not become effective except by the favorable vote of at least 3/4 vote of the City Council.