CHAPTER 21. ZONING
ARTICLE XI. ADMINISTRATIVE
Sec. 21-60. AMENDMENTS TO CHAPTER.
(1) Purpose. This chapter may be amended by changing the boundaries of any district, by changing any district regulation, general provision, exception, or other provision thereof in accord with the procedure prescribed in this article.
(2) Initiation.
(a) A change in the boundaries of any district may be initiated by the owner of the authorized agent of the owner of the property by filing an application for a change in district boundaries as prescribed in subsection (3) of this section. If there is more than one ownership, all the owners of their authorized agents shall join in filing the application.
(b) A change in boundaries of any district, or a change in a district regulation, general provision, exception, or other text amendments may be initiated by action of a person, persons, Zoning Board of Appeals, or Village Board; provided, that the procedure prescribed in subsections (3) to (6) of this section shall be followed.
(c) A proposal for a change in district boundaries initiated by the Village Board and one initiated by a property owner for all or part of the same area may be considered simultaneously.
(3) Application and fee.
(a) DATA TO BE FURNISHED. A property owner desiring to propose a change in the boundaries of the district in which his property is located or his authorized agent may file with the zoning officer an application for a change in district boundaries on a form prescribed by the Zoning Board of Appeals, which shall include the following data:
1. (A) Name and address of the applicant.
(B) Name and address of the owner of the real estate, which is the subject of the request for a zoning map amendment if other than the applicant.
2. Statement that the applicant is the owner or an authorized agent of the owner, and submit written proof that the owner authorized this applicant to act on behalf of the property on which the use is proposed to be located.
3. Address and description of the property.
4. Name and address of all adjacent property owners at the address as taken from the latest adopted tax rolls.
(b) MAP. The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least three hundred (300’) feet from each boundary of the site showing the location of street and property lines.
(c) FEE. The application shall be accompanied by a fee as follows to cover the cost of processing the application as described in this article:
Zoning lot of less than one-half (1/2) acres $200.00
Zoning lot of not less than one-half (1/2) nor more than two (2) acres $275.00
Zoning lot of not less than two (2) nor more than five (5) acres $350.00
(Plus $25.00 for each acre or part thereof in excess of five (5) acres, with a total maximum of $600.00)
Text amendment $150.00
Zoning of a lot of any size initiated by Village Board $ -0-
In the event that an amendment is necessitated because use is already in existence, the fee shall be double the amount of the fee set forth above to cover the cost of additional inspections and the costs of processing the application.
(4) Public hearing.
(a) NOTICE. The Zoning Board of Appeals shall hold a public hearing on each application for a change in district boundaries or for a change of a district regulation, general provisions, exception, or other provision of this chapter within forty-five (45) days of the date when the application as filed and found to be complete by the zoning officer. Notice of the public hearing shall be given not less than fifteen (15) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the Village.
(b) PROCEDURE. At the public hearing, the Zoning Board of Appeals shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter prescribed in Section 21-2.
(c) REVIEW. The planning and zoning officer shall submit a review to the Zoning Board of Appeals on the proposed amendment at the time of the public hearing.
(d) FINDINGS OF FACT AND RECOMMENDATION OF THE ZONING BOARD OF APPEALS. Within forty-five (45) days following the public hearing, the Zoning Board of Appeals shall make a specific finding as to whether the change is consistent with the objectives of the zoning ordinance prescribed in Section 21-2. The zoning officer shall forward the report to the Village Board recommending that the application be granted, granted in modified form, or denied or that the proposal is adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the Zoning Board of Appeals; the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the Zoning Board of Appeals.
(5) Action of Village Board. An amendment shall be passed by a majority vote of the Village Board present. In the following cases, an amendment shall be passed only by the favorable vote of two-thirds (2/3) of all of the members of the Village Board.
If a written protest against the proposed amendment is filed with the Village Clerk, signed and acknowledged by the owners of twenty (20%) percent or more of:
(a) The frontage immediately adjoining or across an alley therefrom.
(b) The frontage directly opposite the frontage proposed to be altered.
(c) Any adjacent property contiguous to the property in question.
(6) Effect of denial of an amendment. No application for an amendment that has been denied wholly or partly by the Village Board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Zoning Board of Appeals.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
