Town of Southold, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 5-30-1975 by L.L. No. 3-1975; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by L.L. No. 1-1985; 1-10-1989 by L.L. No. 1-1989; 11-13-1990 by L.L. No. 26-1990; 12-27-1995 by L.L. No. 25-1995; 6-3-2003 by L.L. No. 12-2003]
The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, or modify this chapter, including the Zoning Map, by proceeding in the manner provided in this article. For the purposes of this article, an amendment also includes, but is not necessarily limited to, a supplement, change, or modification.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to the provisions of the Town Law. At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper.
The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board to prepare an official report regarding the proposed amendment, including the Planning Board recommendations.
An amendment initiated, proposed or requested by a petitioner, other than the Town Board or other Town agency, shall also be subject to the additional procedural requirements set forth in subsequent sections of this article.
Every petition for an amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board. The fee for a petition for a change of zone to the Affordable Housing District is set forth in § 280-29A. The petitioner shall also be responsible for reasonable and customary professional review fees relating to environmental review of the petition.
In the case of a petition requesting an amendment in zoning district classification or the Zoning Map, in addition to the notice required by law, a written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll. The notice required by this section shall be mailed by the petitioner, or his/her agent, within five days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a statement sworn to by petitioner or his/her agent shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following information:
A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification.
A description of the street location and the area of the property which is the subject of such petition.
The present zone district classification of the property and the proposed zone district classification.
A statement that within five days of the notice the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours.
A statement that a public hearing with respect to such petition must be held by the Southold Town Board before such change of zone can become effective; that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official Town newspaper not less than 10 days prior to such public hearing.
In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition.
Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition.
In addition to the above notice requirement, prior to holding a public hearing on the petition, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings.