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.
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.