The governing body may, from time to time, after public notice
and hearing, amend, supplement or change the regulations and districts
herein established.
A.
By whom initiated. Proceedings for an amendment may be initiated
only as follows:
(1)
By the governing body by the introduction of an amending local law.
(2)
By the Planning Board by adoption of a resolution recommending an
amendment.
(3)
By public petition when owners of more than 50% of the frontage within
a district or part of a district shall present to the governing body
a duly signed petition for the amendment, change or modification of
said district or part of district. The governing body shall act upon
said petition within 130 days after the filing of said petition with
the Village Clerk. Said petition shall be accompanied by a map showing
the lots, buildings and uses of property within the area for which
the change of district is requested as well as all of the property
within 100 feet therefrom, exclusive of street space. Said petition
shall, furthermore, set forth the grounds of or reasons for the proposed
change.
B.
Referral to Planning Board.
(1)
Every resolution of intention to amend adopted by the governing body
and every petition for an amendment shall be referred to the Planning
Board for a report and recommendations.
(2)
Basis for recommendations. In recommending the adoption of any proposed
amendment, the Planning Board shall fully state its reason for each
recommendation, describing any change in conditions justifying the
amendment and the manner in which the amendment would be in harmony
with the Comprehensive Development Plan. The Planning Board need not
confine its recommendation to the proposed amendment as set forth
in the petition or resolution but may revise the proposal if the Planning
Board is of the opinion that such revision is in accord with the furtherance
of the purposes of this chapter.
(3)
Time limit for action. The Planning Board shall report to the governing
body its recommendations with respect to any proposed amendment initiated
by petition or resolution within a period of 45 days from and after
the initiation of proceedings therefor. Failure to report within such
period shall be deemed an approval of the proposed amendment.
C.
Public hearing. No amendment, supplement, change, modification or
repeal of any regulation, restriction or district boundary shall become
effective until after a public hearing in relation thereto, at which
the parties at interest and citizens shall have an opportunity to
be heard.
(1)
Notice. At least 15 days' notice of the time and place of such hearing
shall be published in an official paper or a paper of general circulation
in the Village.
(2)
Modification of petition or resolution. The hearing by the governing
body on a proposed amendment or resolution shall be held on the petition
or resolution as filed. Any further proposal in respect to any proposal
made in connection therewith, or any addition or modification of the
content of the proposed amendment, shall be made only in the form
of an amended petition or resolution. The filing of such amended petition
or resolution shall terminate all proceedings consequent on the original
petition or resolution and shall be deemed to be the initiation of
new proceedings, which shall be conducted in full conformity with
the provisions of this article as if the original petition or resolution
had never been filed, except that a protest filed against the amendment
as originally proposed shall be deemed to have been filed against
the amendment as proposed in the amended petition to the extent that
it is pertinent thereto.
D.
Withdrawal of a petition. With the consent of the governing body,
a petition for an amendment may be withdrawn at any time by the filing
of a verified petition of withdrawal signed by a majority of the persons
who signed the original petition. Such withdrawal shall terminate
the proceedings initiated by the original petition. Any proceedings
for an amendment initiated by a resolution of the governing body or
the Planning Board may be terminated by the body that initiated the
same at any time that such proceedings are before said body. In any
event, any hearing upon which notice has been given shall be held.
E.
Adoption of resolution.
(1)
Before
adopting any amendment, the governing body shall adopt a resolution
setting forth the findings upon which it determined such amendment
to be required by the public interest in furtherance of the purposes
of this chapter.
(2)
Protest by 20% of property owners. If a protest is filed against
a proposed amendment involving a change of district boundaries, signed
by the owners of 20% or more either of the area of the lots included
in such proposed change, or of those immediately adjacent or in the
rear thereof extending 100 feet therefrom, or by the owners of 20%
of the land directly opposite thereto extending 100 feet from the
frontage of such opposite land, such amendment shall not become effective
except by the favorable vote of 3/4 of all the members of the governing
body.
