The Village Board, from time to time, on its own motion, on
petition by property owners or on recommendation of the Planning Board
may amend, supplement, modify or repeal in whole or in part this chapter.
Any petition for amendments shall be submitted to the Village
Clerk with an application and fee as established by the Village Board
in the Fee Schedule. Any petition for a change in the Zoning Map shall
include the following:
A map accurately drawn to an appropriate scale showing the proposed
zone district boundary changes, property lines, the calculated areas
affected in acres or square feet, the street rights-of-way in the
immediate vicinity and the lands and names of owners immediately adjacent
to and extending within 300 feet of all boundaries of the property
to be rezoned.
Any petitioner shall submit evidence that they have notified
by certified mail, return receipt requested, all the property owners
within 300 feet of all boundaries of the affected property.
Any such proposed change in the text or Zoning Map of this chapter,
except a proposal from the Planning Board, shall first be referred
to the Planning Board, which shall submit a written report to the
Village Board prior to a public hearing on the proposed amendment
by the Village Board. The Planning Board shall favorably recommend
adoption of an amendment or change in this chapter or in a district
boundary only if:
The Planning Board shall submit to the Village Board its advisory
report within 30 days after receiving notice from the Village Clerk
of the proposed change. The failure to make such report within 45
days shall be deemed to be a favorable recommendation.
SEQRA compliance. The Village Board shall comply with the provisions
of the NYS Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations as
codified in Title 6, Part 617 of the NYS Codes, Rules and Regulations.
If the Village Board chooses to consider a proposed zoning amendment,
it shall, by resolution at a duly called meeting, set the time and
place for a public hearing on the proposed amendment. Request that
the Planning Board hold a public hearing. If a proposed amendment
is initiated by petition, the petitioner shall be responsible for
publication of notice and for notice to adjacent municipalities, if
necessary.
Where 12 properties or fewer properties are included in the
proposed zoning amendment, at 10 days prior to the date of such public
hearing, a notice of the time and place shall appear in the official
newspaper. Such notice shall describe the area, boundaries, regulations
or requirements that such proposed change involves.
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.
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.
Notice to municipalities. At least 10 days prior to the date
of said public hearing, written notice of such proposed change or
amendment affecting property within 500 feet of the boundary of a
village, town or county shall be sent to the clerk of the municipality.
The Village Board may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest as described in Subsection B below.
A protest against a proposed change or amendment to this chapter,
if signed 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 from the proposed change,
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,
shall require the favorable vote of at least four members of the Village
Board to become effective.