This chapter shall be known and may be cited as the "Zoning
Law of the Hamlet of Macedon."
For the purpose of promoting the health, safety and general
welfare of the people of the Hamlet, this chapter is adopted to regulate
and restrict the height, number of stories and size of buildings and
other structures; the percentage of lot that may be occupied; the
size of yards, courts and other open space; the density of population
and the location and use of buildings, structures and land for business,
industry, agriculture, residence or other purposes. This chapter and
the Zoning Map which is a part of this chapter are designed to lessen
congestion in the streets; to secure safety from fire and other dangers;
to provide adequate light and air; to provide for solar access and
the implementation of solar energy systems; to prevent the overcrowding
of land and to avoid undue concentration of population; to facilitate
the efficient and adequate provision of public facilities and services;
and to provide the maximum protection to residential areas from the
encroachment of adverse environmental influences. This chapter and
the Zoning Map were enacted after reasonable consideration, among
other things, as to the character of the Hamlet and its peculiar suitability
for particular uses and with a view to conserving property values
and natural resources and encouraging the most appropriate use of
land throughout the Hamlet.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum standards and requirement
for the protection of the public health, safety and general welfare.
Whenever the requirements of this chapter are at variance with
the requirement of any other lawfully adopted rules, regulations,
ordinances, or laws, the most restrictive or those imposing the higher
standards shall govern.
Prior to any action by a municipal board or official on any
application made in accordance with the provisions of this chapter,
the Hamlet shall satisfy the requirements of the State Environmental
Quality Review (SEQR) regulations.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter is declared by any court of competent jurisdiction
to be invalid or unconstitutional, it is hereby declared that no other
provision of this chapter shall be affected thereby.
A.
Procedure. The Town Board may from time to time on its own motion,
on petition or on recommendation of the Planning Board and in accordance
with the laws of the State of New York, amend, supplement or repeal
the regulations, provisions or district boundaries of this chapter.
B.
Filing of petition. A petition to amend, change or supplement the
text of this chapter or any zoning district as designated on the Zoning
Map established herein shall be filed with the Town Clerk and shall
be transmitted by the Clerk to the Town Board. A petition for a change
to the Zoning Map shall contain a map which clearly describes the
affected property and its boundaries and shall indicate the existing
zoning district and the requested zoning change. In addition, every
petition for an amendment to this chapter shall contain an environmental
assessment form completed and signed by the petitioner, or agent,
in accordance with the procedures set forth in State Environmental
Quality Review (SEQR) regulations.
C.
Referral to Planning Board. Each proposed amendment, except those
initiated by the Planning Board, shall be referred to the Planning
Board for an advisory report. In reporting, the Planning Board shall
fully state its reasons for recommending or opposing the adoption
of such proposed amendment. The Planning Board may condition its approval,
as may be appropriate, and shall state whether such amendment is in
harmony with the Hamlet's plan for land use. The Planning Board shall
state its position relative to proposed zoning amendments in writing
within 62 days of its referral from the Town Board. Absence of a reply
from the Planning Board within the sixty-two-day period shall indicate
that the Board is in favor of the amendment.
D.
Public hearing; notice; recording of actions. Unless otherwise provided,
the provisions of the Town Law of the State of New York pertaining
to public hearings, official notices and proper recording of zoning
actions taken by the Town Board shall apply to all amendments to this
chapter. In addition, the Hamlet shall place a poster on each property
proposed for rezoning. Said poster shall be four feet high by four
feet wide and placed in a location which is easily viewed from the
street. Said poster shall indicate the nature of the proposed rezoning
and the date, time and place of the public hearing. The poster shall
be placed on the site not less than seven days prior to the public
hearing and shall be removed within 15 days following the hearing.
E.
Final disposition; 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, except for a vote to table or to receive
and file, 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 submit a recommendation, with reasons stated
therefor, certifying that there have been substantial changes in the
situation which would merit a rehearing by the Town Board. Such rehearing
may be granted only upon a favorable vote of a majority of the Town
Board plus one.
