Yonkers City Zoning Code
ARTICLE XIII
Amendments
§ 43-162 Initiation of amendment.
An amendment, supplement, repeal or change to the regulations, districts and zoning map established under this chapter may be made by the City Council on its own motion or upon the receipt of a petition for a zoning amendment.
§ 43-163 Initial consideration of amendment.
The City Council may decide not to formally consider such amendment. However, where petition is made by the owners of 50% or more of the frontage in any district or a part thereof, as provided by § 83 of the General City Law, such consideration is mandatory.
§ 43-164 Referrals for review and report.
A.
If any petition is to be considered by the City Council, it shall be referred for review and report to the Planning Board. The Planning Board may at its discretion confer with the petitioner and assist such petitioner to place the amendment in the most appropriate form. Such conference and assistance shall not be deemed to constitute any commitment by the Planning Board to its position on the advisability of the proposed amendment.
B.
The Planning Board shall forward its report to the City Council regarding the form and advisability of the proposed amendment. If an environmental impact statement (EIS) pursuant to the State Environmental Quality Review Act is required to be prepared, the Planning Board shall not be obligated to provide a report until the EIS is deemed complete. The Planning Board report shall include:
C.
In making its report on any proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
(1)
Concerning a proposed amendment in the text of this chapter:
(a)
Whether such amendment is consistent with the purposes and intentions set forth in this chapter and in the City's Comprehensive Plan;
(b)
Which areas, land uses, buildings and establishments in the City will be directly affected by such amendment and in what way they will be affected; and
(c)
The indirect implications of such amendment in its effect on other regulations.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses permitted by the proposed amendment would be appropriate in the area concerned;
(b)
Whether adequate public facilities, including, without limitation, schools, utilities, services, roads and other public facilities, exist or can reasonably be expected to be provided to serve the needs of development 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 development of the City as envisioned by the planning policies set forth in this chapter and the City's Comprehensive Plan.
(3)
Timing of the Planning Board's report:
(a)
With respect to any proposed amendment referred to it by the City Council, the Planning Board shall submit its report and recommendation to the City Council not more than 60 days after the first meeting of the Planning Board held subsequent to such referral unless, within such sixty-day period, such proposal shall be withdrawn or amended or the Planning Board shall determine that, by reason of the complexity of the questions presented or like considerations, an additional period of not more than 60 days is reasonably required for the proper disposition thereof.
(b)
If the Planning Board shall not have submitted its report and recommendation within such original 60 days, or additional period of not more than 60 days, the City Council may proceed to final consideration of the proposal as though the Planning Board has recommended approval of the proposal.
(4)
In recommending the adoption of any proposed amendment, the Planning Board shall report to the City Council the reasons for such recommendation, describing any change in conditions that the Planning Board believes warrants the amendment and its relation to the applicable provisions of § 43-164 B(1), (2) and (3). If the Planning Board recommends against the adoption of a proposed amendment, or recommends modification of the proposed amendment, it shall include in its report a statement of its reasons for such disapproval or modification.
§ 43-165 Public hearing and notice.
Upon receipt of the Planning Board report on the proposed amendment, and if the City Council decides to formally consider the amendment, a public hearing shall be held on the proposed amendment. The petitioner or applicant proposing the amendment shall be responsible for providing notice as described herein. Notice of the public hearing shall be printed in a paper of general circulation in the City of Yonkers at least five days prior to the date of the hearing on amendments to the Zoning Map. Written notice shall also be served by registered or certified mail, upon all known property owners within a radius of 200 feet of the lot lines of the parcel and district in which and adjacent to which the amendment has been proposed, at least 10 days prior to such hearing. When the City of Yonkers is among the owners of land within the two-hundred-foot radius, said written notice shall be served upon the Director of Real Estate of the City of Yonkers. Where required under § 239-m of the General Municipal Law or by the Westchester County Administrative Code, notice shall also be provided to the Westchester County Planning Board and/or the Clerk of an abutting municipality in accordance with such regulations. Such amendment shall also be referred to the Westchester County Planning Board for its recommendation.
§ 43-166 Posting of signs.
§ 43-167 Decision on proposed amendments.
A.
A vote by the City Council on a petition made by owners of 50% or more of the frontage in any district shall be taken within 90 days of the filing of such a petition with the City Clerk, as provided by § 83 of the General City Law, except as provided for by other laws of the State of New York.
B.
An amendment shall be effected by a simple majority vote of the City Council, except that an amendment shall require the approval of at least 3/4 of the members of the City Council in the event such amendment is the subject of a written protest, presented to the City Council and signed by:
(1)
The owners of 20% or more of the area of land included in such proposed change; or
(2)
The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed change, extending 100 feet therefrom; and
(3)
The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
C.
The Westchester County Planning Board shall have 30 days after receipt of the amendment to issue its recommendation to the City Council. If the Westchester County Planning Board recommends modifications or disapproval of the amendment, the City Council shall not act contrary to such recommendations except by a majority vote.
[Amended 11-22-2005 by G.O. No. 12-2005]
§ 43-168 Submission requirements for petition for amendments.
A.
Twenty copies of the petition for an amendment to a regulation or districts established by this chapter shall be filed with the City Clerk.
B.
The petition shall be accompanied by a certified check, payable to the City of Yonkers, for an amount specified in Article XVI of this chapter to cover the cost of expenses incidental thereto, excluding the cost of providing notice of the public hearing or hearings of said petition.
C.
Contents of the petition:
(1)
The name and address of the petitioner or petitioners.
(2)
Where applicable, the ownership of property on which a zone change is sought and, in the case where an allegation is made that the petitioner or petitioners are the owners of 50% or more of the frontage in the district or part thereof in which the change of zone is sought, a list of owners of such property.
(3)
The identity of property by Tax Map lot and block numbers, street address of 50% of the property owners; also by general description of the land (by metes and bounds, if necessary), its approximate dimensions, area and location on the street, with reference to readily ascertainable distances from known monuments, street corners and/or by reference to filed maps or subdivision plats.
(4)
Designation of the zone district classification or classifications in which the subject property is presently located, and the zone district classification to which the petitioner seeks the requested change.
(5)
The actual use and/or occupancy, if any, of the property at the time of filing the petition, and the intended use or purpose for which the change of zone is sought.
(6)
Reference to the area maps annexed to the petition showing the subject property, all lands within 200 feet of the area of land affected by the proposed change and all lands within 200 feet from the street frontage of land directly opposite the subject property, by lot and block numbers as shown on the official Tax Map of the City of Yonkers, and the zone district or districts of said lands as they appear on the Zoning Maps of the City of Yonkers. Such area maps shall be accurate copies of the official Tax Map of the City as filed in the Bureau of Assessment.
(7)
The petitioner may also submit copies of a concept site plan along with the petition, to inform the Council how the petitioner would utilize the property if the amendment was adopted. If such a concept site plan is provided, it should show the following:
(a)
The intended location and general size and description of the building or buildings, including the ground floor area, lot coverage, height of building and number of stories.
(b)
The proposed number of units to be contained therein, if a proposed use of the property is residential in nature and the proposed total floor area of the proposed use if the property is nonresidential.
(c)
The planned grade.
(d)
The proposed location of all off-street motor vehicle parking facilities.
(e)
Proposed building setbacks.
(f)
Proposed means of ingress and egress to driveways and parking areas.
(g)
The proposed location of loading and unloading facilities of a nonresidential building.
(h)
A zoning analysis showing how the structures and use on the concept site plan would comply with the amended zoning requested.
(8)
Reasons for the relief sought, including the need for the change in zone, the proposed type of use or uses, and the proposed operation thereof.
(9)
The petition shall be signed and acknowledged by the owner or owners of the subject property, whether individual, corporate, partnership, firm or association. Signature and acknowledgment of a petition by an agent or agency shall not be accepted.
(10)
Other information as the City Council or Planning Board shall require.
§ 43-169 Submission requirements for protest to amendments.
A.
For a protest to a proposed amendment of this chapter to be considered valid, the following requirements shall be met:
(1)
The protest shall be in writing and signed by the owner or owners of the property. A protest signed by an agent or attorney shall not be accepted.
(2)
The protest shall be duly acknowledged.
(3)
The protest shall state the name and address of the owner or owners protesting and describe said owner's land by lot and block number as per the official Tax Map of the City of Yonkers, and street number, if any, and by any other appropriate means which will permit identification of the size and location of such land with reference to the land upon which the amendment is sought.
(4)
The protest shall state that the owner or owners protest or object to the requested amendment and the grounds upon which the protest is made.
(5)
The protest shall be filed with the City Clerk not less than four days prior to the public hearing on the petition.
B.
At any time prior to the public hearing on the amendment, a mistake, omission or irregularity, or defect made in good faith in the protest, not pertaining to the manner or time of filing thereof, may be corrected or supplied.
§ 43-170 Records.
The City Clerk shall keep record copies of all zoning maps and text sections superseded by any amendment of this chapter.
§ 43-171 Fees.
All petitions for an amendment to the districts established in this chapter shall be accompanied by a certified check or money order made payable to the City of Yonkers in the amount specified in Article XVI of this chapter.