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.
C. 
All proposed changes to these zoning regulations or map shall be referred to the appropriate body as set forth in §§ 227-136 through 227-138.
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.