A.
General. This chapter, including the Zoning Map which
is a part hereof,[1] may from time to time be amended, supplemented, changed,
modified or repealed by the Town Board on its own initiative, on recommendation
of the Planning Board, or on petition. Any such amendment or change
may be adopted by local law after due notice and public hearing as
authorized by New York State law.
[1]
Editor's Note: The Zoning Map is included in the online version
of the Code (eCode 360®). Hard copies of said map may be obtained
from the Town Clerk's office.
B.
Referral to Planning Board. Any proposal to amend,
supplement, change, modify or repeal this chapter, or any part thereof,
shall be referred by the Town Board to the Planning Board for a report
thereon prior to any public hearing, unless such proposal is the recommendation
of the Planning Board.
C.
Petitions. Any person may petition the Town Board
to amend, supplement, change, modify or repeal this chapter, after
the proper fee has been paid. The amount of the fee shall be set forth
on the prevailing fee schedule adopted by resolution of the Town Board
and as such schedule is modified from time to time by resolution of
the Town Board.
[Amended 7-22-2009 by L.L. No. 2-2009]
D.
Planned development district. Applicants seeking a
planned development district are asking for a zoning amendment. All
PDDs must be reviewed according to the provisions of this chapter.
A.
When considering zoning amendments, especially those
involving changes to the Official Zoning Map, Town officials must
consider the following factors in making their determination:
(1)
Whether the proposed change would be contrary to the
Town Comprehensive Plan.
(2)
Whether the change is compatible with the existing
land use pattern.
(3)
The possible creation of an isolated district unrelated
to adjacent and nearby districts.
(4)
The population density pattern and possible increase
or overtaxing of the load on public facilities such as schools, utilities
or streets.
(5)
Whether existing district boundaries are illogically
drawn in relation to existing conditions on the property proposed
for change.
(6)
Whether change or changing conditions make the passage
of the proposed amendment necessary.
(7)
Whether the proposed change will adversely influence
living conditions in the neighborhood.
(8)
Whether the proposed change will create or excessively
increase traffic congestion or otherwise affect public safety.
(9)
Whether the proposed change will create a drainage
problem or negatively impact subsurface water resources.
(10)
Whether the proposed change will seriously reduce
light and air to adjacent areas.
(11)
Whether the proposed change will adversely affect
property values in adjacent areas.
(12)
Whether the proposed change will be a deterrent
to the improvement or development of adjacent property in accordance
with existing regulations.
(13)
Whether the proposed change will constitute
a grant of special privilege to an individual owner as contrasted
with the public welfare.
(14)
Whether there are substantial reasons why the
property cannot be used in accordance with existing zoning.
(15)
Whether the change suggested is out of scale
with the needs of the neighborhood or the Town.
In accordance with the policy and procedures
provided for by §§ 239-l and 239-m of the General Municipal
Law, any proposed zoning actions as specified therein shall be referred
to the Dutchess County Department of Planning for its review. If the
Dutchess County Department of Planning fails to report within 30 days
after receipt of a full statement of such referred material, the municipal
body may act without such report. If the Dutchess County Department
of Planning disapproves the proposal or recommends modifications thereof,
the municipal body shall not act contrary to such disapproval or recommendation
except by a vote of a majority plus one of all the members thereof
and after the adoption of a resolution setting forth the reason for
the contrary action within seven days.
A.
The Town Board, by resolution adopted at a stated
meeting, shall fix the time and place of a public hearing on the proposed
amendments and shall cause notice to be given as follows:
(1)
Public notice: by publishing a notice as provided
by the Town Law in advance of such hearing in the official Town newspaper
of the Town of LaGrange. Such notice shall state the general nature
of the proposed amendment in such reasonable detail as will give adequate
notice of its contents and shall name the place or places where copies
of the proposed amendment may be examined.
(2)
Personal notice.
(a)
By mailing a copy of such notice to every association
or resident of the Town which has registered its name for this purpose
with the Town Clerk.
(b)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundary of any Town or
county road shall be given to the clerk of such municipality and to
the Clerk of the County Legislature at least 10 days prior to the
date of such hearing.
B.
Opportunity to be heard. At the public hearing, full
opportunities to be heard shall be given to any citizen and all parties
in interest.
C.
Adoption after protest. The vote of at least 4/5 of
the members of the Town Board shall be required before the passage
of an amendment that is protested, in writing, by the owners of 20%
or more of the area of:
D.
Changes, amendments, or supplements. All changes, amendments, or
supplements to this chapter and to the Zoning Map, which forms a part
hereof, shall be adopted in accordance with the local law provisions
of the Municipal Home Rule Law.
[Amended 5-23-2018 by L.L. No. 6-2018]
