The Town Board may from time to time on its own motion,
on a recommendation by the Zoning Board of Appeals or the Planning
Board or on petition from the property owner or owners, after proper
public notice and public hearing, amend, supplement or repeal the
regulations, provisions or boundaries of this chapter as provided
by Town Law.
In addition to publication of notice of a zoning change
in a newspaper as required by § 264 of the Town Law, all
owners of land either of the area included in such proposed change
or of that immediately adjacent extending 300 feet therefrom, or of
that directly opposite thereto extending 300 feet from the street
frontage of such opposite land, shall be notified by registered mail
at least five days prior to the date of public hearing on the proposed
zoning change.
In the case of a proposed amendment which involves
the reclassification or transfer of 1/2 acre or more from any use
to a less restricted use, the Town Board shall require the petitioner
to submit a development or site plan showing the extent, location
and character of proposed structures and uses. The Town Board may
require that such plan be modified to ensure its compatibility with
adjacent areas and may qualify its approval of such amendment by attaching
a special endorsement thereto. Any future additions to the development
or site plan area must be resubmitted to the Town Board to determine
that the addition is substantially in agreement with the intent of
the original chapter amendment. Nonconformity in architectural design
with the original development may be considered a reasonable basis
for refusal to issue a building permit for such an addition.
No building permit shall be issued for construction
within the area described by said provisional amendment, except in
accordance with the approved development or site plan and with all
conditions and limitations placed thereon by the Town Board or in
accordance with the zoning regulations applicable prior to said reclassification
action. Unless application for a building permit for such property
rezoned or granted special permit is made within a period of one year
after the Town Board's approval, said approval shall be void and the
zoning classification shall be as it was when the petition for amendment
was filed.
Filing of petition. A petition to amend, change or
supplement the text of this chapter or any zoning district as designed
on the Zoning Map established herein shall be filed with the Town
Clerk, along with a filing fee as set by Town Board resolution, on
forms obtained from his office and shall be transmitted by the Clerk
to the Town Board.
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 on said zoning change. 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.
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, 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 Planning Board shall find that there have
been substantial changes in the situation which would merit a rehearing
and shall state the same in writing to the Town Clerk before he accepts
a reapplication on this petition.
Map changes resulting from official action by
the Town Board shall be referred to the Town Engineer, who shall be
responsible for keeping the Official Zoning Map up-to-date.