This chapter or any part thereof may be amended,
supplemented or repealed, from time to time, by the Town Board on
its own motion or upon recommendation by the Planning Board. Prior
to public hearing, every such proposed amendment shall be referred
by the Town Board to the Planning Board for a report. The Town Board
shall not take action on any such amendment without such report from
the Planning Board, unless the Planning Board fails for any reason
to render such report within 45 days following the date of such referral.
A.
Report of the Planning Board. In making such report
on a proposed amendment, the Planning Board shall make inquiry and
determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in the
text of the chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in the local law as to the particular districts
concerned.
(b)
Which areas, land uses, buildings and establishments
in the town will be directly affected by such change and in what way
they will be affected.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Plan of the town.
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public facilities and services, including roads, exist or can
be created to serve the needs of any additional residences or other
uses likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the town as envisaged by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total residential capacity
of the town and the probable effect thereof.
B.
Each petition for a zoning
amendment shall be accompanied by a fee in accordance with the Standard
Schedule of Fees of the Town of Eden as may be adopted from time to
time by the Town Board. No fee shall be required for a petition filed
in favor of or against a pending application.[1]
[1]
Editor's Note: Original Section 10.1.3, regarding
the notice of public hearing, which immediately followed this subsection,
was deleted 4-11-1984 by L.L. No. 1-1984.
C.
If any proposed amendment consists of or includes
either of the following two conditions, the Town Clerk shall transmit
to the designated office or official a copy of the official notice
of the public hearing not later than 10 days prior to the date of
hearing:
(1)
Any change in the boundaries of any district, which
change would occur within a distance of 500 feet of the boundary of
any village or town or a state or county road.
D.
If any proposed amendment consists of or includes
any of the following conditions, the Town Clerk shall refer the proposed
amendment to the Erie County Planning Board:
(1)
Any change in the district classification of, or the
regulations applying to, real property abutting or within 500 feet
of:
(a)
The boundary of any village or town.
(b)
The boundary of any existing or proposed state
or county park or other recreation area.
(c)
The right-of-way of any state parkway, thruway,
expressway or other controlled access highway or county road or parkway.
(d)
The right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(e)
The boundary of any county- or state-owned land
on which a public building or institution is located.
E.
In the case of a protest against any amendment, such
amendment shall not become effective except in accordance with the
provisions of § 265 of Article 16 of the Town Law.
F.
In all cases where the Town Board shall approve an
amendment to this chapter, said Board shall find that, for reasons
fully set forth in said findings, such amendment is in conformity
with the comprehensive zoning plan for the community's development.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum standards
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Except where specifically provided to the contrary,
it is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings, structures, shelter or premises,
nor is it intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of a building or premises or requires larger open spaces
than are imposed or required by any other statute, local law, rule,
regulation or permit or by any easement or agreement, the provisions
of this chapter shall control.
