The Town Board may from time to time on its own motion, on a recommendation
by the Zoning Board of Appeals or the Planning Board or on petition
from the property owner or owners, after proper public notice and
public hearing, amend, supplement or repeal the regulations, provisions
or boundaries of this chapter as provided by Town Law and Municipal
Home Rule Law.
In addition to publication of notice of a zoning change in a newspaper
as required by § 264 of the Town Law, and/or as required
under the Municipal Home Rule Law, all owners of land either of the
area included in such proposed change or of that immediately adjacent
extending 300 feet therefrom, or of that directly opposite thereto
extending 300 feet from the street frontage of such opposite land,
shall be notified by registered mail at least five days prior to the
date of public hearing on the proposed zoning change.
In the case of a proposed amendment which involves the reclassification
or transfer of 1/2 acre or more from any use to a less restricted
use, the Town Board shall require the petitioner to submit a development
or site plan showing the extent, location and character of proposed
structures and uses. The Town Board may require that such plan be
modified to ensure its compatibility with adjacent areas and may qualify
its approval of such amendment by attaching a special endorsement
thereto. Any future additions to the development or site plan area
must be resubmitted to the Town Board to determine that the addition
is substantially in agreement with the intent of the original chapter
amendment. Nonconformity in architectural design with the original
development may be considered a reasonable basis for refusal to issue
a building permit for such an addition.
No building permit shall be issued for construction within the area
described by said provisional amendment, except in accordance with
the approved development or site plan and with all conditions and
limitations placed thereon by the Town Board or in accordance with
the zoning regulations applicable prior to said reclassification action.
Unless application for a building permit for such property rezoned
or granted special permit is made within a period of one year after
the Town Board's approval, said approval shall be void, and the zoning
classification shall be as it was when the petition for amendment
was filed.
Filing of petition. A petition to amend, change or supplement the
text of this chapter or any zoning district as designed on the Zoning
Map established herein shall be filed with the Town Clerk, along with
a filing fee as set by Town Board resolution, on forms obtained from
his office and shall be transmitted by the Clerk to the Town Board.
Referral to Planning Board. Each proposed amendment, except those
initiated by the Town Planning Board, shall be referred to the Town
Planning Board for an advisory report prior to the public hearing
on said zoning change. In reporting, the Town Planning Board shall
fully state its reasons for recommending or opposing the adoption
of such proposed amendment and, if it shall recommend adoption, shall
describe any changes in conditions which it believes make the amendment
desirable and shall state whether such amendment is in harmony with
a Comprehensive Plan for land use in the Town.
Rehearing on petition. The disposition of a petition for amendment
by the Town Board shall be final, and disapproval or denial of the
proposed amendment shall void the petition. No new petition for an
amendment which has been previously denied by the Town Board shall
be considered by it, and no public hearing shall be held on such amendment
within a period of one year from the date of such previous denial,
unless the Planning Board shall find that there have been substantial
changes in the situation which would merit a rehearing and shall state
the same, in writing, to the Town Clerk before he accepts a reapplication
on this petition.
Map changes resulting from official action by the Town Board
shall be referred to the Town Clerk or his/her designee, who shall
be responsible for keeping the Official Zoning Map up-to-date.