The Town Board may from time to time, on its
own motion or on petition or on recommendation of the Town Planning
Board, amend, supplement or repeal the regulations, provisions or
district boundaries of this chapter in accordance with the provisions
of the Town Law applicable thereto.
In the case of a proposed amendment which creates
a new or enlarged zoning district, the Town Board may require the
submittal of development plans showing the location and character
of proposed structures and conditions of use for the premises concerned.
The Town Board may require that such plans be modified and may qualify
its approval of any such amendment by attaching a special endorsement
thereto. Where any such amendment to the Zoning Map is qualified by
a special endorsement, such amended district shall be identified on
the Zoning Map by the letter "S" after the district classification.
A copy of such qualified development plans shall be kept in a special
file to be maintained by the Building Inspector, and no building permit
or certificate of zoning compliance shall be issued with respect to
any premises within such amended district except in accordance with
the approved plans and conditions.
A.
Filing of petition. A petition to amend, change or
supplement the text of this chapter or any zoning district as designated
on the Zoning Map established herein shall be filed with the Town
Clerk on forms obtained from his office and shall be transmitted by
him to the Town Board.
B.
Referral to Planning Board. Each proposed amendment,
except those initiated by the Town Planning Board, shall be referred
to the Town Planning Board for an advisory report prior to the public
hearing held by the Town Board. In reporting, the Town Planning Board
shall fully state its reasons for recommending or opposing the adoption
of such proposed amendment and, if it shall recommend adoption, shall
describe any changes in conditions which it believes make the amendment
desirable and shall state whether such amendment is in harmony with
a comprehensive plan for land use in the town.
C.
Public hearings, official notice, recording. Unless
otherwise provided, the provisions of § 265 of Article 16
of the Town Law and subsequent amendments thereto, pertaining to public
hearings, official notice and proper recording of zoning actions taken
by the Town Board, shall apply to all amendments to this chapter.
D.
Protests. In case of a protest against any change
signed by the owners of 20% or more either of the area of the land
included in such proposed change or of that immediately adjacent extending
100 feet therefrom or of that directly opposite thereto extending
100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by the favorable vote of at least
four members of the Town Board.
E.
Rehearing on petition. The disposition of a petition
for amendment by the Town Board shall be final, and disapproval or
denial of the proposed amendment shall void the petition. No new petition
for an amendment which has been previously denied by the Town Board
shall be considered by it, except for a vote to table or to receive
and file, and no public hearing shall be held on such amendment, within
a period of one year from the date of such previous denial, unless
the Town Planning Board shall submit a recommendation, with reasons
stated therefor, certifying that there have been substantial changes
in the situation which would merit a rehearing by the Town Board.
[Amended 5-9-1994]
The Town Planning Board[1] is hereby authorized to make reasonable changes in the
zoning regulations affecting the land within a subdivision plat at
the time such subdivision plat is approved by the Planning Board.
Such changes shall be made in accordance with the provisions of § 278
of the Town Law.
