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.
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.
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.
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.
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.