Port Jervis City Zoning Code
ARTICLE XX
Amendments
§ 535-106 Amendment procedure.
This chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Common Council on its own motion or upon recommendation by the Planning Board. Prior to the public hearing specified below, every proposed amendment shall be referred by the Common Council to the Planning Board for a report which shall be rendered within 45 days of such referral.
A.
Report of the Planning Board. 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, the 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 City 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; and
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the City.
(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)
Whether adequate public school facilities and other public facilities and services, including roads, exist or can reasonably be expected to be created to serve the needs of any additional dwellings or other uses likely to be constructed as a result of such change;
(c)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity; and
(d)
The effect of the proposed amendment upon the growth of the City as envisaged by the Comprehensive Plan.
B.
Fee. Each petition for a zoning amendment shall be accompanied by a fee, adequate to cover the cost of processing said petition, payable to the City Clerk-Treasurer upon the filing thereof. No fee shall be required for petitions filed in favor of, or against, any application.
C.
Public hearing. By resolution adopted at a meeting of the Common Council, the Common Council 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 the General City 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 15 days' notice of the time and place of such hearing shall be published in the official newspaper. When such proposed amendment reflects a change to the Zoning Map, the City Clerk-Treasurer shall cause notice to be mailed at least 15 days before the hearing to all owners of properties which lie within 300 feet of the map change and to such other owners as the Common Council may deem advisable.
D.
Names of affected parties. The names of said owners shall be taken as they appear on the last completed tax roll of the City.
E.
Transmittal to designated officials. Should any proposed amendment consist of, or include, either of the two following conditions, the City Clerk-Treasurer shall transmit to the designated office or official a copy of the official notice of the public hearing not later than 15 days prior to the date of hearing.
F.
Designated officials. The designated official for counties shall be the Clerk of the county legislature. In cities and towns, the designated official shall be the Clerk of the municipality.
G.
Referral to Orange County Planning Department. Should any proposed amendment consist of, or include, any of the following conditions, the City Clerk-Treasurer shall, prior to final action, refer the proposed amendment to the Orange County Planning Department:
(1)
Any change in the district classification of, or the regulations applying to, real property abutting:
(a)
The boundary of any village or town;
(b)
The boundary of any state or county park or other recreation area;
(c)
The right-of-way of any state parkway, thruway, expressway, or other controlled-access highway or county road or parkway;
(d)
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; and
(e)
The boundary of any county- or state-owned land on which a public building or institution is located.
H.
Protest. In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of the General Municipal Law.