A.
The Board of Trustees may, from time to time on its
own motion, amend, supplement, repeal or change the regulations and
district boundaries established by this chapter pursuant to law.
B.
Whenever the owners of 50% or more of the frontage
in any district or part thereof included in such change shall present
a petition duly signed and acknowledged to the Board of Trustees requesting
an amendment, supplement or change of the regulations prescribed for
such district or part thereof, it shall be the duty of the Board of
Trustees to vote upon said petition within 90 days after the filing
of the same by the petitioners with the Village Clerk.
C.
The Zoning Board of Appeals may, by resolution, propose
an amendment to the Board of Trustees suggesting a change or repeal
of specific portions of the regulations. Within 30 days from the time
such resolution is filed with the Village Clerk, it shall be the duty
of the Board to vote on such proposed amendment.
D.
Amendment of this chapter may be subject to the state
environmental quality review process (SEQR). The Board of Trustees
should identify the type of action the zone change is according to
SEQR regulations. Depending on the size of the zone change and several
other factors, it may be a Type I or unlisted action. To make a decision,
the Board should consult Part 617 of the New York Codes Rules and
Regulations (NYCRR) and Article 8 of the Environmental Conservation
Law.
E.
If it is determined that an environmental impact statement
will be prepared for the proposal in question, all time frames and
deadlines are delayed until a draft environmental impact statement
has been filed. An application is not complete and therefore the review
clock does not start until a determination of no significance has
been made or until a draft environmental impact statement is completed.
A.
All proposed amendments, supplements or changes originating
by petition or by motion of the Board of Trustees shall be referred
to the Zoning Board of Appeals for a report and recommendation thereon.
The Zoning Board of Appeals shall submit its report within 30 days
after receiving such referral. Failure of the Zoning Board of Appeals
to report within the required time shall be deemed to be disapproval
of the proposed amendment.
B.
Whenever any zoning regulation or any amendment, including
special permits or variances, would change the district classification
of or a regulation applying to real property in a neighboring municipality
or upon other county or state property as described in §§ 239-l
and 239-m of the General Municipal Law, said zoning regulation or
amendment shall be referred to the Oneida County Department of Planning,
which Department shall report its recommendations to the Board of
Trustees. Requirements of General Municipal Law § 239-nn
must also have been met where applicable. Failure of the County Department
of Planning to report within 30 days may be construed to the approval
by the Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The concurring vote of a majority plus one of the
Board of Trustees shall be necessary to override the County Planning
Department recommendations of approval with modifications or disapproval.
D.
Within seven days after final action by the Board
of Trustees on the recommendations, modifications or disapproval of
a referred matter, the Board shall file a report of the final action
with the County Planning Department. Any defect in complying with
this referral procedure will render the Board of Trustees powerless
to take further action under the adoption procedure.
A.
Before any amendment, supplement or change in the
regulations or district boundaries, there shall be public notice and
a hearing thereof as provided by law. Such hearing shall be held by
the Board of Trustees. In addition to the public notice of a hearing,
notice shall be given, in writing, either personally or by mail, to
all property owners of the land included in such proposed change and
the land immediately adjacent extending 100 feet therefrom and the
land directly opposite thereto extending 100 feet from the street
frontage of such opposite land, as said property owners and addresses
appear on the latest completed assessment roll of the Village.
B.
Where more than 12 properties are included in such
change and the Board of Trustees, by resolution, determines that notice,
in writing, to each property owner is not feasible, the notice of
hearing shall be published in the official paper once a week for three
successive weeks and shall be posted in public places in the Village,
of which six shall be in the area affected.
After the public hearing and referral to and report by the Zoning Board of Appeals, a majority vote of the members of the Board of Trustees shall be required to amend this chapter, except as described in § 135-47, Protest petition.
If a protest against a proposed amendment, supplement
or change is presented to the Board of Trustees duly signed and acknowledged
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 at least four members of
the Board of Trustees.
From time to time, at intervals of not more
than three years, the Zoning Board of Appeals shall reexamine the
provisions of this chapter and the location of district boundary lines
and shall submit a report to the Board of Trustees recommending such
changes or amendments, if any, which may be desirable in the interest
of public safety, health, convenience, necessity or welfare.
