§ 133. When ordinances shall take effect
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Every ordinance and every amendment to an ordinance hereafter
adopted or approved by the Town Board of the Town of Collins, 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 Collins shall be void for failure of posting and/or filing
affidavits of posting.
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§ 134. Proof of ordinance; maps
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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;
such minutes shall describe and refer to any map adopted in connection
with such zoning ordinance or amendment and 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
threefourths 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 here
after adopted; said file or filing cabinet to be available at any
time during regular business hours for public inspection.
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