This chapter may be amended by changing the
boundaries of districts or by changing any other provisions thereof,
whenever the public necessity and convenience and general welfare
require such amendment, by following the procedures of this section
and those of Article 16 of the New York State Town Law, particularly
§§ 265 and 273.
A. Initiation of amendments. An amendment to the text
or Zoning Map may be initiated by:
(1) The Town Board, on its own motion.
(2) The Planning Board, by recommendation to the Town
Board.
(3) Application to the Town Board by one or more property
owners or their agent.
B. Application for amendment:
(1) A property owner(s) or his(their) agent(s) may initiate a request for an amendment to this chapter by filing an application with the Town Clerk, using forms prescribed pursuant to §
95-18. If a change in zoning classification of a property is considered, such application shall be accompanied by a legal description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof and a filing fee as required pursuant to §
95-18, no part of which is refundable.
(2) Whenever a petition requesting a change of district
boundary and designation is presented to the Town Board, there shall
also be presented a plan of the proposed development and use of the
area affected by such proposed change. The Town Board may, after public
notice and hearing, accept, modify and accept or reject said petition
requesting the change, all in accordance with Article 16 of the Town
Law and any other applicable law.
(3) All applications for amendments shall include an environmental
assessment form as required under the State Environmental Quality
Review Act (SEQRA).
C. Records of amendment. Pursuant to §§ 264
and 265 of the Town Law, every zoning local law and amendments thereto
shall be entered in the minutes of the Town Board. The Town Clerk
shall maintain records of amendments to the text and map of this chapter.
In a case where a Zoning Map amendment or development
permit (including variances) is denied, unless specifically stated
to be without prejudice, an application for such amendment or permit
shall not be eligible for resubmission for the period of one year
from the date of said denial, unless, in the opinion of the Town Board,
Planning Board or Zoning Board of Appeals, new evidence is submitted
or conditions have changed to an extent that further consideration
is warranted.
Any person owning, controlling or managing any
building, structure or premises where there shall exist anything in
violation of any of the provisions of this chapter or any condition
imposed by the Planning Board or the Zoning Board of Appeals, and
any person who shall assist in the commission of any violation of
this chapter or any condition imposed by the Planning Board or the
Zoning Board of Appeals shall be guilty of an offense; and for conviction
of a first offense, such person shall be punishable by a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
or both; for conviction of a second offense, both of which were committed
within a period of five years, such person shall be punishable by
a fine of not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, such person shall be punishable by a fine
of not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors; and for such purpose only, all provisions
of law relating to misdemeanors shall apply.
In case of any violation of any of the provisions
of this chapter or of any conditions imposed by the Planning Board
or the Zoning Board of Appeals, in addition to other remedies herein
provided, the Town Board may institute any appropriate action or proceeding
to prevent any unlawful erection, structural alteration, reconstruction,
moving and/or use; to restrain, correct or abate such violation; to
prevent the occupancy of such building, structure or land; or to prevent
any illegal act, conduct, business or use in or about such premises.