The Town Board may, from time to time, on its own motion or by recommendation or petition of the Planning Board, amend, supplement, change, modify or repeal the regulations and provisions of this chapter following a public hearing and in accordance with Town Law.
Each such proposed amendment or change shall be referred to the Planning Board for report thereon before the public hearing provided for in the section above. The Planning Board shall submit to the Town Board its advisory report within 30 days after receiving notice from the Town Clerk of the proposed change. The failure to make such report within 30 days shall be deemed to be a favorable recommendation.
[Amended 1-22-1986 by L.L. No. 1-1986]
The Town Planning Board is hereby authorized to modify applicable provisions of this chapter simultaneously with the approval of a subdivision plat or plats. Such authorization shall only apply to subdivision plats for land shown on the Town of Oneonta Official Zoning Map as being included in R-80 Residential-Agricultural, RA-40 Residential-Agricultural and R-20 and R-10 Residence Districts. This authorization is intended to enable and encourage flexibility of design and development of land, to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands. Such authorization shall be subject to the following conditions:
A. 
If the owner or subdivider of the land being subdivided desires this modification, he shall make application to the Planning Board at the same time as applying for subdivision approval in accordance with the Town of Oneonta subdivision regulations.[1]
[1]
Editor's Note: See Ch. 88, Subdivision of Land.
B. 
The Planning Board, before modifying such requirements, shall find that such modification would be consistent with the intent of this authorization, in conformance with the intent of the Master Plan and, in the Board's judgment, beneficial to the interest of the town and the neighborhood in which the subdivision is located.
C. 
The application of this procedure shall result in a permitted number of building lots or dwelling units which in no case shall exceed the number which in the Board's judgment could be permitted if the land were subdivided in conformance with the minimum lot area requirements applicable to the district in which the subdivision is to be located.
D. 
If as a result of this procedure lands are made available for common open space or public use, such lands shall be clearly indicated on the subdivision plat and subject to the requirements for maintenance, ownership or dedication set forth in the town subdivision regulations.[2]
[2]
Editor's Note: See Ch. 88, Subdivision of Land.
E. 
The Planning Board shall hold a public hearing upon the application for modification of zoning requirements prior to the approval thereof, and such hearing may be held simultaneously with the hearing upon the preliminary subdivision plat.
F. 
Upon the filing of the plat in the office of the Otsego County Clerk, a copy shall be filed with the Oneonta Town Clerk, who shall make appropriate notations and references thereto in the Zoning Ordinance Map.[3]
[3]
Editor's Note: A copy of the Zoning Map is included in a pocket at the end of this volume.
G. 
The provisions of this section shall not be deemed to authorize a change in the permissible use of land as provided elsewhere in this chapter.
H. 
The requirements for lot size, lot coverage by buildings, front yard depth, side yard depth and rear yard depth may be reduced by no more than 30% of the appropriate regulations. The requirement for frontage may be reduced by no more than 50%.
[Added 2-12-1992 by L.L. No. 5-1992]
An amendment or change in this chapter shall not take effect until after 10 days following publication and posting in accordance with § 103-92, but if a copy certified by the Town Clerk under the Town Seal and showing the date of adoption and entry in the minutes is served personally against a person, such amendment or change shall take effect as it relates to the person from the date of such service.
A. 
Public hearing. No such change in text or zoning district boundary of this chapter shall become effective until after a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.
B. 
Newspaper notice of hearing. At least 10 days prior to the date of such public hearing, a notice of the time and place shall appear in a newspaper of general circulation in the town. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves according to § 265 of the Town Law.
C. 
Notice of certain proposed zoning actions to be submitted to County Planning Board.
(1) 
Before the Town Board shall adopt or amend any zoning regulations or the Board of Appeals grant any variance, special extension or special permit, such applications shall be submitted for review by the Otsego County Planning Board pursuant to § 239-m of the General Municipal Law. Such submission for review shall be made whenever such aforementioned change affects real property lying within 500 feet of the following:
(a) 
Any town boundary;
(b) 
Any existing or proposed county or state park or recreation area;
(c) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;
(d) 
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(e) 
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(2) 
No final action upon such amendment, variance, special extension or special permit shall be taken until a recommendation shall have been received from the County Planning Board or until 30 days shall have elapsed from the County Planning Board's receipt of the submission.
(3) 
If the County Planning Board disapproves the proposal or recommends modification thereof, the Town Board or Board of Appeals or other agency having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
(4) 
Within seven days after final action by the Town Board, Board of Appeals or other agency having jurisdiction, the same shall be reported to the County Planning Board.
D. 
Whenever a proposed amendment or change to this chapter affects real property lying within 500 feet of a Town boundary with any other municipality, at least 10 days prior to the date of the public hearing before the Town Board, written notice thereof shall be sent to the Clerk of said municipality. Such notice shall also be sent to the Clerk of the Otsego County Board of Representatives and shall be in addition to the requirements set forth in Subsection C above. Whenever such amendment affects real property lying within 500 feet of the boundary with Delaware County, notice shall also be sent to the Delaware County Board of Supervisors. Such municipality or county may appear and be heard at the public hearing but shall not have the right of review by a court.
E. 
At least 10 days prior to the date of the public hearing, the applicant shall serve notice of such hearing on all property owners within 200 feet of the subject area (including those within) of the date, time and place of the public hearing either by certified mail, return receipt requested, or by personal delivery evidenced by a receipt signed by such property owner.
[Added 8-9-1989; amended 2-13-2002 by L.L. No. 1-2002]
Every zoning ordinance and every amendment to a zoning ordinance, including any map incorporated therein, shall be entered in the minutes of the Town Board and shall also be published and posted according to § 264 of the Town Law.
In case of a protest against any change or amendment proposed under this Article, 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 from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least 3/4 of all the members of the Town Board.
[Amended 1-22-1986 by L.L. No. 1-1986]
Every petition for a change or amendment to this chapter shall be accompanied by a fee of $50 or such other amount as may be established from time to time by resolution of the Town Board to help defray the cost of advertising and of such technical studies or professional assistance as may be necessary in connection therewith.