[Amended 9-10-2003 by L.L. No. 2-2003]
The Village Board may, from time to time, on its own motion or on petition or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendments of the regulations or districts herein established shall be filed in writing on a form required by the Village Board and shall be accompanied by a certified check in an amount as set from time to time by resolution of the Village Board of Trustees to help defray the cost of advertising the hearing on said petition and incidental disbursements.
Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Village Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the data of receipt of notice or such longer time as may have been agreed upon by it and the Village Board, the Village Board may act without such report.
The Village Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A. 
By publishing a notice of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the Village not less than 15 days prior to the date of public hearing.
B. 
By giving written notice of hearing to any required municipal, county, regional, metropolitan, state or federal agency in the manner prescribed by law.
If a protest against the proposed amendment is presented to the Village Board, duly signed and acknowledged, by the owners of 20% or more of the area of land included in such proposed amendment, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Village Board.
[Amended 6-29-2000 by L.L. No. 4-2000]
A. 
Pursuant to § 7-738 of the Village Law of the State of New York, the Planning Board is hereby authorized to reduce or increase the bulk requirements, except density, as set forth in this chapter by up to 10% of the requirement, simultaneous with the approval of any plat. In determining whether to vary a bulk requirement, the Planning Board shall also consider:
(1) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created;
(2) 
Whether the benefit sought can be achieved by some other feasible method;
(3) 
Whether the change in bulk requirements is substantial; and
(4) 
Whether the change in bulk requirements will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
B. 
Authorization to approve conservation subdivisions. Pursuant to § 10 of the Municipal Home Rule Law of the State of New York and § 7-738 of the Village Law of the State of New York, the Planning Board is also authorized to approve a conservation subdivision as defined and described in the subdivision regulations of the Village of Kinderhook, Chapter 110, Subdivision of Land, of the Village of Kinderhook Code.
[Amended 8-11-1993 by L.L. No. 1-1993]
Every amendment to this chapter, including any map incorporated therein, adopted in accordance with the Village Law, shall be entered in the minutes of the Village Board; and a copy, summary or abstract thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper of the Village; and a copy of such amendment, together with a copy of any map incorporated therein, shall be posted conspicuously at or near the main entrance to the office of the Village Clerk; and affidavits of the publication and posting thereof shall be filed with the Village Clerk.