[Amended 11-5-1986 by L.L. No. 8-1986; 7-8-1996 by L.L. No. 8-1996; 8-8-2013 by L.L. No. 9-2013]
This chapter or any part thereof may be amended, supplemented
or repealed, from time to time, by the Village Board on its own motion
or upon recommendation by the Planning Board.
A.
No such amendment, supplement or repeal shall become effective until
after a public hearing in relation thereto, at which the parties in
interest and citizens of the Incorporated Village of Port Jefferson
have an opportunity to be heard in person or by an attorney or duly
authorized agent. The Board of Trustees, by resolution at a meeting
thereof, shall fix the time and place of the public hearing on the
proposed amendment, supplement or change, and at least 15 days' notice
of the time and place of such hearing shall be published in the official
newspaper.
B.
A petition requesting a change of use district classification shall
be addressed to the Board of Trustees and must contain the original
signature of each petitioner and shall state clearly and briefly the
following matters:
(1)
The change desired.
(2)
The reasons therefor.
(3)
A legal description of the boundaries of the property required to
be changed.
(4)
The name and number of the school district in which the property
is situated.
(5)
A statement as to whether or not the property is within 500 feet
of the boundary line of any other incorporated Village, town or state
park or state parkway.
(6)
The name and address of each petitioner who shall be an owner or
contract vendee of such property.
(7)
The names and addresses of every property owner within an area immediately
adjoining the property sought to be changed for a distance of 200
feet and also directly opposite the street frontage of the property
sought to be changed for a distance of 200 feet.
C.
All signatures to the petition shall be duly verified and acknowledged
before a notary public.
D.
The following shall be submitted with the petition and shall be filed
with the Village Clerk:
(1)
The original and four copies of the petition.
(2)
Five copies of a diagram, drawn to suitable scale, showing the dimensions
of the property proposed to be changed in district classification,
as well as the area immediately adjoining and directly opposite thereto
to a distance of 200 feet.
(6)
A list containing the names of all owners to whom notices were sent,
together with information concerning the location and extent of their
property.
(7)
A sworn statement from the petitioner or his representative stating
that posters have been exhibited and notices sent, either by certified
or registered mail, to adjoining and opposite property owners as required
by this article.
(8)
Each petition for a zoning amendment shall be accompanied by a fee
of $250 per acre or any portion thereof or the actual cost of the
hearing, whichever is greater, payable to the Village Clerk upon the
filing thereof. No fee shall be required for petitions filed in favor
of or against a pending application.
E.
At least three identical posters, not less than 8 1/2 inches
by 11 inches in size, describing the proposed change and stating that
all persons interested in the change be notified of the date fixed
by the Board of Trustees for a public hearing in the matter, must
be conspicuously posted for at least two weeks within a period of
30 days immediately preceding the date of filing of the petition.
These posters must be placed not more than 200 feet apart and at least
three in number shall be posted along the entire length of the frontage
of the property sought to be changed.
F.
A notice containing information similar to that contained in the
poster must be sent either by certified or registered mail, return
receipt requested, by the applicant to every property owner, as shown
on the current assessment roll of the Incorporated Village of Port
Jefferson, within the boundaries of the property sought to be changed,
and to every property owner within the area immediately adjoining
the property sought to be changed for a distance of 200 feet from
all property lines.
G.
No petition shall be accepted or filed with respect to any property
which has been the subject of a public hearing pursuant to this article
during the period of six months immediately following such public
hearing unless such petition sought to be filed shall have endorsed
thereon the consent to the filing thereof of at least three members
of the Board of Trustees.
H.
The Board of Trustees shall act to approve or deny any rezoning request
within six months of the receipt of an application.
I.
Every amendment, supplement or change adopted pursuant to this article
shall:
(1)
Be entered, including any map incorporated therein, in the minutes
of the Board of Trustees.
(2)
Be published, excluding any map incorporated therein, once in the
official newspaper and an affidavit thereof filed with the Village
Clerk.
(3)
Be posted conspicuously, including any map incorporated therein,
at or near the main entrance to the office of the Village Clerk and
an affidavit thereof filed with the Village Clerk.
