§ 133. When ordinances shall take effect
Every ordinance and every amendment to an ordinance hereinafter
adopted or approved by the Town Board of the Town of Avon 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 notice setting forth the title and a brief description or the full text
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 Avon 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
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 or the full text
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
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, restriction 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 parkway 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 or the full text 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.
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The Town Clerk of the Town of Avon shall maintain a separate
file or filing cabinet for each and every map adopted in connection with a
Zoning Ordinance or amendment; said file or filing cabinet to be available
at any time during regular business hours for public inspection.
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§ 265. Changes
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. A notice
setting forth the title and a brief description or the full text 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.
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The Town Clerk of the Town of Avon shall maintain a separate
file or filing cabinet for each and every map adopted in connection with a
zoning ordinance or amendment; said file or filing cabinet to be available
at any time during regular business hours for public inspection.
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