A.
The Town Board may from time to time, on its own motion, on petition
or on recommendation of the Planning Board, amend, supplement or repeal
the regulations and provisions of this chapter in the manner provided
for by law.
B.
Amendment procedures. Upon presentation to the Town Board of a petition
requesting an amendment, supplement, change, modification or repeal
of the regulations and/or restrictions prescribed for any such district
or part thereof or for a change or modification in such district's
boundaries as shown on the Zoning Map, duly signed and acknowledged
by the owners of at least 50% of the area included in such proposed
amendment or in the zoning district affected by such proposed amendment,
it shall be the duty of the Town Board to hold a public hearing thereon
within 60 days thereafter.
C.
Referral to Planning Board. Every such proposed amendment or change shall be referred to the Planning Board for report thereon before the public hearing required by law. In recommending the adoption of any such proposed amendment, the Planning Board shall state, in writing, its reasons for such recommendation, describing any conditions that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan of land use for the Town and be in furtherance of the purposes set forth in § 165-1 of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons. Failure on the part of the Planning Board to report to the Town Board its recommendation with respect to any proposed amendment within 30 days after the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.
D.
Whenever the Town Board shall, by resolution, authorize a public
hearing on a proposed amendment to this chapter, for a period of 60
days following the date of such resolution, no building or structure
shall be erected, enlarged or altered, and no permit shall be issued
for the erection, enlargement or alteration of any building or structure
or for the occupancy of any land or building in any manner that would
be contrary to the provisions of the proposed amendment.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare and, more particularly, for the purposes set forth in § 165-1. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that when this chapter imposes a greater restriction on the use of buildings or land or on the heights of buildings or requires larger open spaces or makes any other greater requirements than are imposed or required by any other ordinance, rule, regulation or by easements, covenants, or agreements, the provisions of this chapter shall control.
This chapter shall be known and may be cited as the "Town of
LeRoy Zoning Ordinance."
