A.
Action by Village Board of Trustees generally. This
chapter or any part thereof may be amended, supplemented or repealed,
from time to time, by the Village Board of Trustees, as provided in
the Village Law. Every such proposed amendment shall be referred by
the Village Board of Trustees to the Planning Commission for a written
report before the public hearing. The Village Board of Trustees shall
not take action on any such amendment without such report from the
Planning Commission, unless the Planning Commission fails for any
reason to render such report within 30 days after its next regularly
scheduled meeting, but in no case later than within 45 days after
such referral by the Village Board of Trustees.
B.
Methods for giving notice of hearing. By resolution
adopted at a stated meeting, the Village Board of Trustees shall fix
the time and place of a public hearing on the proposed amendment and
cause notice thereof to be given as follows:
(1)
By publishing a notice thereof in a newspaper of general
circulation in the Village at least 10 days before the hearing.
(2)
By mailing a notice thereof to every association of
residents in the Village which shall have registered its name and
address for this purpose with the Village Board of Trustees.
(3)
By mailing a notice thereof to every owner of real
property within the affected zoning district and surrounding said
district within 500 feet.
C.
Referral to Westchester County Planning Board. Prior
to the holding of a public hearing, the Village Clerk shall refer
the proposed amendment to the Westchester County Planning Board in
accordance with § 277.61 of the Westchester County Administrative
Code and § 239-m of the General Municipal Law, pursuant
to the provisions of such sections.
D.
Referral to neighboring municipalities. Prior to the
holding of a public hearing, the Village Clerk shall refer the proposed
amendment to neighboring municipalities in accordance with § 277.71
of the Westchester County Administrative Code, pursuant to the provisions
of such section.
E.
Compliance with SEQRA. Prior to taking action on the
proposed amendment, the Village Board of Trustees shall comply with
the provisions of the State Environmental Quality Review Act (SEQRA)
under Article 8 of the Environmental Conservation Law and its implementing
regulations.
G.
Opportunity to be heard at public hearings. At the
public hearing, full opportunity to be heard shall be given to any
citizen and all parties in interest.
H.
Required vote of Village Board of Trustees for amendment
under protest. In case of protest against such change, signed by the
owners of 20% or more of the area of the land included in such proposed
change or by the owners of 20% or more of the land immediately adjacent
extending 100 feet therefrom or by the owners of 20% or more of the
land 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 4/5 of the members of the Village
Board of Trustees.
I.
Erection of building or use of premises in violation
of proposed amendment. Notwithstanding any other provisions of this
chapter, no building shall be erected, altered, arranged or used and
no lot or premises may be used for any purposes which would not violate
this chapter but would violate or be in contravention of any proposed
amendment of this chapter or the Zoning Map then under consideration
by the Village Board of Trustees and upon which proposed amendment
the Village Board of Trustees has fixed a date for public hearing,
and no permit for such erection, alteration, arrangement or use shall
be issued by the Building Inspector unless the issuance of such permit
shall first be authorized by the Village Board of Trustees after a
determination by it that the issuance of such building permit will
not be inconsistent with the health, safety, morals and general welfare
of the Village sought to be promoted by the proposed amendment.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements 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, ordinance, rule,
regulation or permit or by any easement, the provisions of this chapter
shall control.
B.
In the event of a conflict in the terminology of any
section or part thereof of this chapter, the more restrictive provision
shall control.
