The Board of Trustees may, in accord with Article
7 of the Village Law of the State of New York, from time to time amend,
supplement, change, modify or repeal this chapter, including the Zoning
Map, by proceeding in the following manner.
The Board of Trustees shall fix the time and
place of a public hearing on a proposed amendment, by resolution adopted
at a stated meeting. Proponents of amendments may submit petitions
for same. Notice of a public hearing on an amendment shall be given
as follows:
Any resolution calling a public hearing for
consideration of an amendment of the Zoning Map shall be accompanied
by a complete and accurate list of the names and addresses of the
owners and occupants of all of the lands within a radius of 100 feet
of the property affected. The petitioners or applicants, or the Village
Clerk when the proposed amendment is on motion of the Board of Trustees,
shall mail to each such owner and occupant, not less than seven days
before the date set for the hearing, a notice addressed to such owners
and occupants, signed by at least one of the petitioners or applicants,
or by the Village Clerk when the proposed amendment is on motion of
the Board of Trustees, identifying the property affected thereby and
setting forth the relief requested or the proposed change, and the
date, hour and place fixed by the Board of Trustees for a hearing
thereon, and there shall be filed with the office of the Village Clerk,
not later than four days prior to such hearing, an affidavit of the
mailing of such notice as herein provided.
A.Â
The filing of an affidavit of mailing under § 250-103 shall constitute prima facie evidence that the provisions of such section have been fully complied with, and every objection on the ground that such section has not been complied with shall be waived unless the objectant shall file with the Village Clerk, on or before the hearing of said matter, an affidavit setting forth in detail the respects in which said § 250-103 has not been complied with and specifying, if any, the names and addresses of any owners or occupants of land within a radius of 200 feet of the property affected to whom the objectant claims the notice required by said section has not been mailed or properly mailed, and shall, upon the hearing, furnish the Board of Trustees with evidence satisfactory to said Board that said section has not been complied with in the respects specified in such affidavit.
B.Â
The filing of any objection and presentation of evidence with respect thereto as provided in Subsection A shall not affect the jurisdiction of the Board of Trustees to hear and determine any petition upon the merits or acting upon its own motion, but said Board shall consider such objection and evidence in determining whether or not such petition shall be granted or action taken on the Board's own motion.
At a public hearing, full opportunity to be
heard shall be given to any citizen and all parties in interest.
