[Amended 2-25-2020 by L.L. No. 1-2020]
A. Amendments by the Town Board. The Town Board may from
time to time, on its own motion or on petition or by recommendation
of the Planning Board/Zoning Board of Appeals, amend, supplement,
modify or repeal, in whole or in part, this chapter or the boundary
of a district established by this chapter. Such action shall take
place after a public notice and hearing as required by the Town Law.
B. Advisory report by Planning Board/Zoning Board of
Appeals.
(1) Any such proposed change in the text or zoning district
boundary shall be submitted to the Planning Board/Zoning Board of
Appeals which shall submit its advisory report in writing to the Town
Board prior to the public hearing.
(2) The Planning Board/Zoning Board of Appeals in its
written report shall recommend favorably the adoption of any proposed
change only if it meets the following conditions:
(a)
The revision is not contrary to the general
purposes and intent of this chapter; and
(b)
The revision is accordant with the Comprehensive
Master Plan.
(3) The Planning Board/Zoning Board of Appeals's advisory
report shall be submitted to the Town Board within 30 days after receiving
notice from the Town Clerk of the proposed change.
C. Notice and hearing.
(1) Newspaper notices. At least 10 days prior to a scheduled
public hearing on a changer, a notice announcing the time and place
and giving a description of the regulations, boundaries and areas
involved in the proposed change shall appear in a newspaper having
general circulation in the town.
(2) Public hearing. No change of this chapter's text or
the Zoning Map shall be effective until a hearing has been held and
the public has had occasion to be heard.
(3) Written notice.
(a)
At least 10 days prior to a scheduled hearing,
written notice of any proposed change affecting property within 500
feet of the boundaries of any county, town, village, city or state
park, reservation or parkway shall be given to the respective clerk
or other person performing such duties or to the commission, authority
or other body having jurisdiction over the area concerned. Said county,
town, village, city or state park, reservation or parkway have the
right to appear and be heard at such hearing, but shall not have the
right of review by a court as provided in Article 78 of the Civil
Practice Law and Rules.
(b)
At least 10 days prior to a scheduled hearing,
written notice of any proposed change affecting property within the
protectively zoned area of a housing project authorized under the
Public Housing Law shall be given to the housing authority in charge
of the project and to the government providing financial aid or assistance
thereto.
D. Publication, posting and effective date.
(1) Publication and posting.
(a)
Every zoning ordinance, every amendment thereto,
and every map incorporated therein, adopted in accordance with Town
Law shall be entered into the minutes of the Town Board, and a copy
thereof shall be published once in a newspaper of general circulation
in the town.
(b)
A copy of such ordinance, amendment and any
map incorporated therein shall be posted conspicuously at or near
the office of the Town Clerk as required by law. Affidavits of such
publishing and posting shall be filed with the Town Clerk.
(2) Effective date.
(a)
An amendment to this chapter involving a change
in boundaries shall become effective only when:
[1]
The revision has been duly adopted;
[2]
Drawn on the Official Zoning Map; and
[3]
Proper entry has been recorded thereon referring
to the revision number, its location in the public record and the
date of adoption.
(b)
After public notices. An amendment or revision
in this chapter shall not take effect until 10 days following the
publication and posting as set forth in Section 600.04, but if a certified
copy under Town Seal is served personally against a person, such amendment
or revision shall take effect from the date of such service.
E. Protest.
(1) Signatures required. A protest against a proposed
revision of this chapter must be signed by the owners of the following:
(a)
Twenty percent or more of the land area included
in the proposed revisions; or
(b)
Twenty percent or more of the land immediately
adjacent and extending 100 feet therefrom; or
(c)
Twenty percent or more of the land directly
opposite thereto and extending 100 feet from the street, road or highway
frontage of such opposite land.
(2) Vote requirements. No protest shall become effective
unless four members of the Town Board vote favorably on such a protest.
F. Fee. Every petition for a change or amendment to this
chapter shall be accompanied by a fee of $50 which will be used to
defray the cost of investigations, studies or advertising as may be
necessary to present said change or amendment for adoption.