MapLink™ | Procedures | Zoning Map Change

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Zoning Map Change
Any change to the adopted Zoning Map shall be subject to compliance with the requirements and procedures of this chapter, including without limitation, submission, review and approval of an application for approval of a proposed Zoning Map amendment that complies with all standards, conditions, and requirements of this chapter, in accordance with Article 8 (Administration, Procedure and Enforcement).

Zoning Map Change.
(1) Authorization. Under New York State Village Law, the Board of Trustees is authorized to review requests for Zoning Map Changes. However, taking action on such request is entirely discretionary.
(2) Description. A Zoning Map Change allows for amendment of the Zoning Map in response to changed conditions or changes in Village policy.
(3) Initiation.
(a) The Board of Trustees, Planning Commission, or Zoning Board of Appeals may initiate a Zoning Map Change.
(b) A property owner, or person expressly authorized by the property owner in writing, may petition the Village to initiate a Zoning Map Change for his/her property.
(4) Procedure.
(a) Request/Petition Submittal.
[1] A Zoning Map Change initiated by a property owner's petition must be filed with the Village Clerk. The petition shall be accompanied by the application fee, as set forth in Village Code Chapter 175 (Fees). Any petition for Zoning Map Change must include the following information:
[a] A map accurately drawn to an appropriate scale, showing the proposed zoning district boundary changes, property lines, tax lot identification, the calculated areas affected in acres or square feet, the Thoroughfare rights-of-way in the immediate vicinity and the lands and names of owners adjacent to (and extending within 100 feet of) all boundaries of the property to be rezoned.
[b] A Full Environmental Assessment Form (FEAF), Part 1 and any supporting documentation, as required for compliance with SEQRA.
[c] The appropriate fee, as indicated in Village Code Chapter 175 (Fees).
[2] A Zoning Map Change initiated by recommendation of the Planning Commission or Zoning Board of Appeals shall be provided on letterhead and filed with the Village Clerk. No application fee is required.
[3] A Zoning Map Change initiated by motion of the Board of Trustees shall require no submittal or application fee.
(b) Completeness. Upon receipt of a Zoning Map Change request or petition, the Village Clerk shall forward the submitted materials to the Planning and Economic Development Zoning Administrator for a review for completeness, including if the appropriate fees were provided. Once the request or petition is deemed complete, the Planning and Economic Development Zoning Administrator shall, in writing, provide a statement of completeness to the Village Clerk. The Village Clerk shall then forward the request/petition to the Board of Trustees for consideration at the next available Board of Trustees meeting.
(c) Acceptance, Public Hearing, and Referrals.
[1] Acceptance. Upon receipt of a complete request or petition for Zoning Map Change, the Board of Trustees, at its discretion, may accept the request/petition.
[2] Public Hearing. Upon acceptance, the Board of Trustees, by resolution adopted at such meeting, shall fix the time and place of a public hearing on the proposed Zoning Map Change. Notice of the public hearing is required in accordance with § 345-808.
[3] Referral. Upon acceptance, whether by petition by an applicant, recommendation of the Zoning Board of Appeals, or by motion of the Board of Trustees, such Zoning Map Change shall be referred to the Planning Commission and the Westchester County Planning Board, per § 345-808G(1), for review and report before a public hearing is held thereon. Any proposed Zoning Map Change recommended by the Planning Commission need not be referred to the Planning Commission.
[4] Board of Trustees Decision. Upon holding of a public hearing and subsequently closing the public hearing, the Board of Trustees, at its discretion, may approve, approve with modifications, or disapprove the request for Zoning Map Change. The Board of Trustees also has the discretion to not provide a decision on such request. The Board of Trustees shall reserve decision on any Zoning Map Change until the Westchester County Planning Board and Planning Commission, if applicable, have provided their reports. If the Westchester County Planning Board or Planning Commission do not provide a report within 30 days of receipt, the Board of Trustees may proceed with a decision.
(5) Approval Standards. A Zoning Map Change is a matter of legislative discretion that is not controlled by any one of the following standards, but rather on a balancing of these standards. The Board of Trustees shall consider the following criteria:
(a) The proposed Zoning Map Change is consistent with the spirit and intent of this chapter and the Village of Port Chester Comprehensive Plan.
(b) The proposed Zoning Map Change is compatible with the existing form, pattern, use, and zoning of nearby properties.
(c) The proposed Zoning Map Change corrects an error or omission, adds clarification to the existing Zoning Map, or reflects a change in policy.
(d) The proposed Zoning Map Change is consistent with the trend of development, if any, in the general area of the property in question.
(e) The proposed Zoning Map Change promotes the public health, safety, and welfare of the Village.
(6) Abstract and Effective Date. For any Zoning Map Change adopted by the Board of Trustees:
(a) A summary or abstract of such Zoning Map Change shall be provided in the official Village newspaper.
(b) Such Zoning Map Change shall take effect 10 days after such publication.