The Town 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 hearing.
Every such proposed amendment or change, whether initiated by
the Town Board or by petition, shall be referred to the Planning Board
for report prior to scheduling the public hearing hereinafter provided
for. If the Planning Board shall fail to file such report within a
reasonable time, it shall be conclusively presumed that the Planning
Board has approved the proposed amendment, supplement, or change.
All amendments to this chapter which would change the district
classification or the regulations applying to real property lying
within a distance of 500 feet from the boundary of the Town of Lyons
or the boundary of any existing or proposed county or state park or
other recreational area, or from the right-of-way of any existing
or proposed county or state parkway, thruway, expressway, road or
highway, or from the right-of-way of any existing or proposed stream
or drainage channel owned by the county for which the county has established
channel lines, or from the existing or proposed boundary of any county
or state-owned land on which a public building or institution is situated,
or from the boundary of a farm operation located in an agricultural
district, as defined by Article 25-AA of the Agriculture and Markets
Law (except this shall not apply to the granting of area variances)
shall be referred to the Wayne County Planning Board. If the Wayne
County Planning Board fails to report within 30 days after receipt
of a full statement of such referred matter, the Town Board may act
without such report. If the Wayne County Planning Board disapproves
of the proposed amendment, supplement, change or modification, or
recommends modification of the proposal of the Town of Lyons, the
Town Board 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 fully setting forth the reasons
for such contrary act.
The Town Board, by resolution adopted at a stated meeting, shall
fix the time and place of a public hearing on the proposed amendments
and cause notice to be given as follows:
A.
Public notice. By publishing a notice at least 10 days in advance
of such hearing in the official newspaper of the Town of Lyons; 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.
B.
Opportunity to be heard at hearing. At the public hearing, full opportunity
to be heard shall be given to any citizen and all parties in interest.
C.
Written notice. A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any village,
town or county shall be given to the clerk of such municipality and
to the Clerk of the Board of Supervisors at least 10 days before such
hearing.
D.
Personal notice.
(1)
A copy of such notice shall be mailed to every association of
residents of the Town which has registered its name for this purpose
with the Town Clerk.
(2)
A written notice of any proposed change or amendment affecting
property within 500 feet of the boundary of any state park shall be
given to the regional State Park Commission having jurisdiction over
such state facility at least 10 days prior to the date of such public
hearing.
In case of an adverse recommendation against any proposed amendment
by the Planning Board or in the case of a protest signed by the owners
of 20% or more of the area of: 1) the land included in such proposed
change; 2) the land immediately adjacent extending 100 feet therefrom;
or 3) the land directly opposite thereto extending 100 feet from the
street, road or highway frontage of such opposite land, such amendment
shall not become effective except by favorable vote of at least four
members of the Town Board.
