The Village Board of Trustees may, from time to time, amend, supplement or repeal, in whole or in part, this chapter, including the Zoning Map, subject to the provisions of this Article and Village Law. Such amendment shall be adopted by a majority vote of the Village Board, except as specified in §§ 227-134 and 227-137 hereof, and may be initiated in the following ways:
A.
By the Village Board on its own motion.
B.
On the recommendation of the Planning Commission or
the Zoning Board of Appeals.
C.
By the filing of a petition by Village taxpayers or
residents, on a form prescribed by the Village Clerk describing such
proposed amendment, accompanied by a fee in accord with a schedule
established by the Village Board.
If a duly signed and acknowledged protest against
a proposed amendment to this chapter is submitted to the Village Board,
by any one of the following, it shall not become effective except
by a favorable vote of 3/4 of the members of the Board.
A.
The owners of 20% or more of the area of the land
included in such proposed change.
B.
The owners of 20% or more of the land immediately
adjacent to such proposed change, extending 100 feet therefrom.
C.
The owners of 20% or more of the land directly opposite
such proposed change, extending 100 feet from the street frontage
of such opposite land.
A.
No change in text or zoning district boundary of this
chapter shall become effective until after a public hearing is held
in relation thereto at which the general public shall have an opportunity
to be heard.
B.
At least seven days prior to the date of such public
hearing, a notice of the time and place shall appear in a newspaper
of general circulation in the Village. Such notice shall describe
the area, boundaries, regulations or requirements that such proposed
change involves.
D.
Every amendment to this Zoning Chapter, including
any map incorporated therein, adopted in accordance with the Village
Law shall be entered in the minutes of the Village Board, and a copy
or summaries thereof, exclusive of any map incorporated therein, shall
be published once in a newspaper of general circulation in the Village.
In addition, a copy of such amendment, together with a copy of any
map incorporated therein, shall be posted conspicuously at or near
the office of the Village Clerk in accordance with Village Law. Affidavits
of the publication and posting thereof shall be filed with the Village
Clerk.
E.
An amendment or change in this chapter shall not take effect until after 10 days following publication and posting in accordance with § 227-135D, but if a copy certified by the Village Clerk under the Village Seal and showing the date of adoption and entry in the minutes, is served personally against a person, such amendment or change shall take effect from the date of such service.
A.
All proposed amendments originated by petition or
by motion of the Village Board shall be referred to the Planning Commission
30 days prior to the required public hearing for a report and recommendations
thereon. If the Planning Commission shall not have made its final
report thereon within 30 days of reference thereto, the Board may
proceed to final action.
B.
In preparing a report on a proposed amendment, the
Planning Commission shall consider the following:
(1)
Whether such change is consistent with the objectives
and purposes of the district(s) to be affected and the Comprehensive
Master Plan.
(2)
The nature and location of uses and buildings to be
affected and the manner in which they will be affected.
(3)
Whether uses permitted by the proposed change will
be appropriate in the affected area(s).
(4)
The affect of the change on existing or proposed public
facilities and services, such as schools, streets, utilities, etc.
A.
Any change in the district classification of or the
regulations applying to real property lying within a distance of 500
feet of the following shall be referred to the Ulster County Planning
Board at least 30 days prior to final action in accord with §§ 239-l
and 239-m of the General Municipal Law.
(1)
The boundary of any other municipality.
(2)
The boundary of any existing or proposed county or
state park or other recreation area.
(3)
The right-of-way of any existing or proposed county
or state road, parkway or other controlled access highway.
(4)
The existing or proposed right-of-way of any stream
or drainage channel owned by the county for which the county has established
channel lines.
(5)
The existing or proposed boundary of any county or
state owned land on which a public building or institution is located.
B.
If the Ulster County Planning Board fails to report
its recommendations within 30 days after receipt of a full statement
of such referred material, the Village Board shall construe such inaction
as approval of the proposed zoning action and may act without such
a report.
C.
If the Ulster County Planning Board disapproves the
proposed amendment or recommends modification thereof, the proposed
amendment shall not become effective except by a vote of a majority
plus one of all members of the Village Board and after the adoption
of a resolution fully setting forth the reasons for such action.
At least 10 days prior to the date of the public
hearing, written notice of any proposed change or amendment affecting
property within 500 feet of the boundaries of the Village shall be
given to the Town Clerk. The town shall have the right to appear and
to be heard at such public hearing with respect to any such proposed
change or amendment, but shall not have the right of review by a court
as provided in Article 78 of the Civil Practice Act.
The Planning Commission is empowered to modify applicable provisions of this chapter and the Zoning Map simultaneously with the approval of a building plan for a plat to be subdivided in accordance with § 7-738 of the Village Law and Chapter 200, Subdivision of Land, of the Code of the Village of Ellenville. Before making such changes, a public hearing shall be held within 30 days after submission of such plat and shall be advertised in a paper of general circulation and notice posted five days prior to the date of hearing. Such changes shall not create a greater average density or coverage of the land than is permitted in the zoning district wherein the plat lies. Furthermore, such changes shall safeguard the appropriate use of adjoining land and be consistent with the purposes and intent of this chapter. Upon approval of such plat and filing with the County Clerk or Registrar, such changes shall amend and become part of this chapter and shall supersede any regulations established by the Village Board.
