The Village Board may, from time to time, on
its own motion or on petition or on recommendation of the Planning
Board, amend, supplement or repeal the regulations and provisions
of this chapter after public notice and hearings as provided by the
Village Law.
Every such proposed amendment or change, whether
initiated by the Village Board or by petition, shall be referred to
the Planning Board for report thereon at least 15 days before the
public hearing hereinafter provided for. If the Planning Board shall
fail to submit such report, it shall be deemed that the Planning Board
has approved the proposed amendment or change.
A.
When considering zoning amendments, especially those
involving changes to the Official Zoning Map, Village officials must
consider the following factors in making their determination:
(2)
Whether the change is compatible with the existing
land use pattern.
(3)
The possible creation of an isolated district unrelated
to adjacent and nearby districts.
(4)
The population density pattern and possible increase
or overtaxing of the load on public facilities, such as schools, utilities
or streets.
(5)
Whether existing district boundaries are illogically
drawn in relation to existing conditions on the property proposed
for change.
(6)
Whether change or changing conditions make the passage
of the proposed amendment necessary.
(7)
Whether the proposed change will adversely influence
living conditions in the neighborhood.
(8)
Whether the proposed change will create or excessively
increase traffic congestion or otherwise affect public safety.
(9)
Whether the proposed change will create a drainage
problem or negatively impact subsurface water resources.
(10)
Whether the proposed change will seriously reduce
light and air to adjacent areas.
(11)
Whether proposed change will adversely affect
property values in adjacent areas.
(12)
Whether the proposed change will be a deterrent
to the improvement or development of adjacent property in accordance
with existing regulations.
(13)
Whether the proposed change will constitute
a grant of special privilege to an individual owner as contrasted
with the public welfare.
(14)
Whether there are substantial reasons whey the
property cannot be used in accordance with existing zoning.
B.
When considering zoning amendments, Village officials
must follow review regulations as provided for in the State
Environmental Quality Review Act (SEQRA).
In accordance with the policy and procedures
provided for by §§ 239-l and 239-m of the General Municipal
Law, any proposed zoning actions as specified therein, shall be referred
to the Dutchess County Department of Planning for its review. If the
Dutchess County Department of Planning fails to report within 30 days
after receipt of a full statement of such referred material, the municipal
body may act without such report. If the Dutchess County Department
of Planning disapproves the proposal or recommends modifications thereof,
the municipal body shall not act contrary to such disapproval or recommendation
except by a vote of a majority plus one of all the members thereof
and after the adoption of a resolution setting forth the reason for
the contrary action within seven days.
A.
The Village Board by resolution to be adopted at a
stated meeting shall fix the time and place of a public hearing on
the proposed amendments and shall cause notice to be given as follows:
(1)
Public notice: by publishing a notice as provided
by the Village Law in advance of such hearing in the official Village
newspaper of the Village of Millbrook. Such notice shall state the
general nature of the proposed amendment in such reasonable detail
as will give adequate notice of its contents and shall name the place
or places where copies of the proposed amendment may be examined.
(2)
Personal notice: by mailing a copy of such notice
to every association or resident of the Village which has registered
its name for this purpose with the Village Clerk. A written notice
of any proposed change or amendment affecting property within 500
feet of the boundary of any Village, town or county shall be given
to the clerk of such municipality and to the County Clerk at least
10 days prior to the date of such hearing.
B.
Opportunity to be heard. At the public hearing, full
opportunities to be heard shall be given to any citizen and all parties
in interest.
C.
Adoption after protest. The vote of at least 3/4 of
the members of the Village Board shall be required before the passage
of an amendment which is protested by the owners of 20% or more of
the areas of:
D.
Changes, amendments or supplements. All changes, amendments
or supplements to this chapter and to the Zoning Map which
forms a part hereof, shall be adopted and published in accordance
with the provisions of the Village Law.
