Trenton City Zoning Code
ARTICLE 14
Ordinance Text and Zoning Map Amendments
§ 315-14.1 PURPOSE.
The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this section. This process for amending the Ordinance text or the Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
§ 315-14.2 INITIATION AND AUTHORITY.
A.
Initiation.
The City Council, Planning Board, or a property owner in the City, or his/her authorized designee, may propose a zoning text or map amendment.
B.
Authority.
The City Council, after receiving a recommendation from the Planning Board, will take action on requests for zoning text or map amendments.
§ 315-14.3 PROCEDURE.
A.
Introduction by City Council.
The City Council will introduce the proposed amendment at a first reading and vote upon the amendment to be referred to the Planning Board for a recommendation.
B.
Recommendation by Planning Board.
1.
The zoning amendment will be referred to the Planning Board for review. The review must include an evaluation of whether the proposed amendment is substantially consistent with the Trenton's adopted Master Plan.
2.
The Planning Board must provide a recommendation to the City Council within 35 days of referral.
3.
If the Planning Board fails to report within the 35 day period, the amendment will be considered by the City Council without a Planning Board recommendation.
C.
Public Hearing and Action by City Council.
1.
Following receipt of the Planning Board recommendation, or the failure of the Board to report within the 35 day period, the City Council will review the amendment and the recommendation from the Planning Board at a public hearing. Notice for the public hearing is as required in § 315-13.4.
2.
The City Council may approve, approve with conditions, or reject a proposed amendment.
3.
A majority vote of the full authorized membership of the City Council is required to approve the ordinance in the event that the Planning Board finds that the ordinance is not consistent with the Master Plan or not designed to effectuate the land use plan and housing plan element of the Master Plan, in which case the Council shall record in its minutes the reasons for not following such recommendation.
4.
In the event that a petition signed by the property owners of 20% of the area included within a proposed change to the classification or boundaries of a zoning district or the property owners of 20% of the area is filed with the Municipal Clerk, a two-thirds majority of the full authorized membership of the City Council shall be required to approve the ordinance.
D.
Approval Standards.
The Planning Board recommendation and the City Council decision on any zoning text or map amendment must be evaluated for consistency with the Master Plan and implementation of the land use plan and housing plan elements of the Master Plan.
§ 315-14.4 APPEALS.
An appeal of any amendment may be filed by way of an action in lieu of prerogative writ in the New Jersey Superior Court, Law Division, within 45 days of publication of the ordinance amending this Ordinance.