[Amended 10-12-2004 by L.L. No. 3-2004]
The Village Board of Trustees may, from time
to time, on its own motion, or on petition, or on recommendation of
the Planning Board, amend, supplement or repeal the regulations and
provisions of this chapter after public notice and hearings as provided
by the Village Law.
[Amended 10-12-2004 by L.L. No. 3-2004]
Every such proposed amendment or change, whether
initiated by the Village Board of Trustees or by petition, shall be
referred to the Planning Board for report thereon. Referral to the
Planning Board shall be made 30 days before the public hearing hereinafter
provided for. If the Planning Board shall fail to submit such report
it shall be deemed that the Planning Board has approved the proposed
amendment or change.
The Village Board of Trustees, by resolution
adopted at a stated meeting, shall fix the time and place of a public
hearing on the proposed amendments, and shall cause notice to be given
as follows:
A. Public notice. By publishing a notice at least 10
days in advance of such hearing in the official Village newspaper
of the Village of Holley such notice shall state the general nature
of the proposed amendment in such reasonable detail as will give adequate
notice of its contents, and shall name the place or places where copies
of the proposed amendment may be examined.
[Amended 10-12-2004 by L.L. No. 3-2004]
(1) A written notice of any proposed change or amendment
affecting property within 500 feet of the boundary of any state park
shall be given to the regional State Park Commission having jurisdiction
over such state facility at least 10 days prior to the date of such
public hearing.
(2) A written notice of any proposed change or amendment
affecting property within 500 feet of the boundary of any village,
town, or county shall be given to the clerk of such municipality and
to the Clerk of the Board of Supervisors at least 10 days prior to
the date of such hearing.
(3) Section 239 of the General Municipal Law requires
that certain zoning regulations or amendments shall be submitted to
the county, metropolitan or regional planning agency at least 30 days
before action may be taken.
B. Opportunity to be heard. At the public hearing, full
opportunities to be heard shall be given to any citizen and all parties
in interest.
C. Adoption after protest. The favorable vote of at least
three members of the Village Board of Trustees shall be required before
the passage of an amendment which is protested by the owners of 20%
or more of the area of:
[Amended 10-12-2004 by L.L. No. 3-2004]
(1) The area of the land included in such proposed change.
(2) The land immediately adjacent extending 100 feet therefrom
or of that directly opposite thereto, extending 100 feet from the
street frontage of such opposite land.
D. Changes, amendments or supplements. All changes, amendments
or supplements to this chapter and to the Zoning Map, which forms
a part hereof, shall be adopted in accordance with the provisions
of the Village Law.