§ 133. When ordinances shall take effect.
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Every ordinance and every amendment to an ordinance hereinafter
adopted or approved by the Town Board of the Town of Cicero, shall be entered
in its minutes except that it shall not be necessary to enter in its minutes
any map adopted or approved in connection with a zoning ordinance or amendment,
and a notice setting forth the title and a brief description of every such
ordinance or of every such amendment to an ordinance shall be published once
in the official newspaper of the town or, if there is none, in a newspaper
designated by the Town Board having general circulation in the town, once,
and the affidavit of such publication shall be filed with the Town Clerk.
Such ordinance or amendment shall take effect 10 days after such publication;
but such ordinance or amendment shall take effect from the date of its service
as against a person served personally with a copy thereof, certified by the
Town Clerk under the corporate seal of the town; and showing the date of its
passage and entry in the minutes. No ordinance or amendment previously adopted
or approved by the Town Board of the Town of Cicero to which the provisions
of this article are applicable shall be void for failure of posting and/or
filing affidavits of posting.
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§ 134. Proof of ordinance.
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The certificate of the Town Clerk setting forth that the records of
the town show the adoption of one or more ordinances and the publishing of
a notice setting forth the title and a brief description thereof as required
by this chapter shall be presumptive evidence of such adoption and publication
in any action or special proceeding in any court or otherwise.
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§ 264. Method of procedure.
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The Town Board shall provide for the manner in which such regulations
and restrictions and the boundaries of such districts shall be determined,
established and enforced, and from time to time amended, supplemented or changed.
However, no such regulation, restrictions or boundary shall become effective
until after a public hearing in relation thereto, at which parties in interest
and citizens shall have an opportunity to be heard. At least 10 days' notice
of the time and place of such hearing shall be published in a paper of general
circulation in such town and a written notice of any proposed change or amendment
affecting property within the protectively zoned area of a housing project
authorized under the Public Housing Law, as such area is shown on an approved
Zoning Map filed with the town officer charged with enforcement of zoning
regulations, or property within 500 feet of the boundaries of any city, village,
town, county, state park or parkways shall be given, in the case of a housing
project, to the housing authority erecting or owning the project and to the
government providing financial aid or assistance thereto; in the case of any
state park or parkway, to the regional state park commission having jurisdiction
over such state park or parkway; in the case of a city, village or town, to
the Clerk of such city, village or town; and in the case of a county, to the
Clerk of the Board of Supervisors or other person performing like duties,
at least 10 days prior to the date of such public hearing. Such city, village,
town or county shall have the right to appear and to be heard at such public
hearing with respect to any such proposed change or amendment, but shall not
have the right of review by a court as hereinafter provided.
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Every zoning ordinance and every amendment to a zoning ordinance (excluding
any map incorporated therein) adopted pursuant to the provisions of this chapter
shall be entered in the minutes of the Town Board; a notice setting forth
the title and a brief description of every such ordinance and every amendment
of such ordinance (exclusive of any map incorporated therein) shall be published
once in a newspaper published in the town, if any, or in such newspaper published
in the county in which such town may be located having a circulation in such
town, as the Town Board may designate, and affidavits of the publication of
the notice as hereinabove provided shall be filed with the Town Clerk. Such
ordinance shall take effect 10 days after such publication, but such ordinance
or amendment shall take effect from the date of its service as against a person
served personally with a copy thereof, certified by the Town Clerk under the
corporate seal of the town; and showing the date of its passage and entry
in the minutes. The Town Clerk shall maintain a separate file or filing cabinet
for each and every map adopted in connection with a zoning ordinance or amendment
and shall file therein every such map hereafter adopted; said file or filing
cabinet to be available at any time during regular business hours for public
inspection.
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§ 265. Changes
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Such regulations, restrictions and boundaries may from time to time
be amended, supplemented, changed, modified or repealed by ordinance. In case,
however, of a protest against such change signed by the owners of 20% or more,
either of the area of the land included in such proposed change, or of that
immediately adjacent extending 100 feet therefrom or of that directly opposite
thereto, extending 100 feet from the street frontage of such opposite land,
such amendment shall not become effective except by the favorable vote of
at least 3/4 of the members of the Town Board. The provisions of the previous
section relative to public hearings and official notice shall apply equally
to all changes or amendments.
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Changes, amendments or supplements made to any zoning ordinance (excluding
any map incorporated therein) adopted pursuant to the provisions of this chapter
shall be entered in the minutes of the Town Board; such minutes shall describe
and refer to any map adopted in connection with such change, amendment or
supplement. A notice setting forth the title and a brief description of every
such change, amendment or supplement (exclusive of any map incorporated therein)
shall be published once in a newspaper published in the town, if any, or in
such newspaper published in the county in which such town may be located having
a circulation in such town, as the Town Board may designate, and affidavits
of the publication thereof shall be filed with the Town Clerk. Such ordinance
shall take effect 10 days after such publication, but such ordinance shall
take effect from the date of its service as against a person served personally
with a copy thereof, certified by the Town Clerk under the corporate seal
of the town; and showing the date of its passage and entry in the minutes.
The Town Clerk shall maintain a separate file or filing cabinet for each and
every map adopted in connection with any change, amendment or supplement made
to any zoning ordinance and shall file therein every such map hereafter adopted;
said file or filing cabinet to be available at any time during regular business
hours for public inspection.
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