US Laws, Codes, Statutes & Cases

 
    §  200. Zoning resolution. a. Except as provided in subdivision b, any
  existing resolution or regulation of the council, the board of  estimate
  or  of the city planning commission to regulate and limit the height and
  bulk of buildings, to regulate and determine the area of  yards,  courts
  and  other open spaces, to regulate density of population or to regulate
  and restrict the locations of trades  and  industries  and  location  of
  buildings  designed for specific uses or creating districts for any such
  purpose, including any such regulation which provides that the board  of
  standards  and  appeals  may  determine and vary the application of such
  resolutions or regulations in harmony with  their  general  purpose  and
  intent  and  in  accordance  with general or specific rules contained in
  such regulations, may be amended, repealed  or  added  to  only  in  the
  following manner:
    1.  The  city  planning  commission may upon its own initiative at any
  time or upon application as provided in section two hundred one, adopt a
  resolution to amend the text of the zoning  resolution  subject  to  the
  limitations  provided  by  law. Before adopting any such resolution, the
  commission shall notify any community board or borough board affected by
  the resolution and shall afford persons interested an opportunity to  be
  heard  at  a time and place to be specified in a notice of hearing to be
  published in the City Record for the ten days of publication of the City
  Record immediately prior thereto setting  forth  in  general  terms  the
  nature  of the proposed resolution and a statement of the place at which
  the entire resolution may be examined.
    2.  Any resolution by the commission approving a change in the text of
  the zoning resolution shall be subject to review  and  approval  by  the
  council  pursuant  to section one hundred ninety-seven-d. Any resolution
  for a zoning text change which the mayor shall  have  certified  to  the
  council  as necessary, and which has been disapproved by the commission,
  may be adopted by the council by a two-thirds vote and, after notice  to
  the  parties affected, a public hearing. The council shall act upon such
  resolution within fifty days of the filing of the certification  of  the
  mayor  with the council, and such resolution shall become effective upon
  approval by the council.
    3. In case a protest against such a resolution approved  by  the  city
  planning  commission  shall have been presented to the city clerk within
  thirty days from the date of the filing  of  such  resolution  with  the
  council,  duly  signed and acknowledged by the owners of twenty per cent
  or more of the area of:
    (1) the land included in changes proposed in such proposed resolution,
  or
    (2)  the  land  immediately  adjacent  extending  one   hundred   feet
  therefrom, or
    (3)  the land, if any, directly opposite thereto extending one hundred
  feet from the street frontage of such  opposite  land,  such  resolution
  shall  not be effective after the filing of such protest unless approved
  by the council by a three-fourths vote within one  hundred  eighty  days
  after  the  filing of said resolution with the city clerk. The effective
  date of such resolution, if so approved,  shall  be  the  date  of  such
  approval.    A protest duly filed as herein provided may be withdrawn at
  any time within  sixty  days  from  the  date  of  the  filing  of  such
  resolution.
    b.  Designations  of  zoning districts under the zoning resolution and
  the issuance of special permits which under  the  terms  of  the  zoning
  resolution  are  within the jurisdiction of the city planning commission
  shall be subject to review  and  approval  pursuant  to  the  procedures
  provided  in  section one hundred ninety-seven-c and section one hundred
  ninety-seven-d, except that whenever the city  planning  commission  has

  not  recommended  approval  of a proposed change in the designation of a
  zoning district or the issuance of a special  permit  under  the  zoning
  resolution  or  has  failed  to  act  on  such  a matter within the time
  specified  in  section  one  hundred  ninety-seven-c,  the  council by a
  two-thirds vote may approve such change or the issuance of  such  permit
  only  if  the mayor shall have certified to the council that such change
  or issuance is necessary. The council shall act upon such designation or
  permit within fifty days of the filing of the certification of the mayor
  with the council.