The Town Board by law from time to time on its own motion or
on petition by taxpayers or on recommendation of the Planning Board,
after public notice and hearing as prescribed by Town law, may amend,
supplement, modify or repeal, in whole or in part, this chapter or
the boundary of any district established by this chapter.
A.
Any such proposed change in text or zoning district boundary shall
first be referred to the Planning Board, which shall submit a written
report to the Town Board prior to public hearing thereon by the Town
Board. The Planning Board shall submit its advisory report in writing
to the Town Board and shall favorably recommend adoption of an amendment
or change in this chapter or in a district boundary only if:
B.
The Planning Board shall submit to the Town Board its advisory report
within 45 days after receiving notice from the Town Clerk of the proposed
change. The failure to make such report within 45 days shall be deemed
to be a favorable recommendation.
An amendment to this chapter involving a change in zoning district boundaries shall become effective only when such change has been duly adopted, drawn on the Official Zoning Map and the proper entry recorded thereon in accordance with § 197-5B.
If a copy of this chapter 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, an amendment or change shall
take effect immediately from the date of such service as against such
person.
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.
A notice of the time and place of such hearing shall appear
in the designated official Town newspaper of general circulation in
the Town. Such notice shall describe the area, boundaries, regulations
or requirements that such proposed change involves.
At least 10 days prior to the date of said public hearing, written
notice of such proposed change or amendment affecting property within
500 feet of the boundaries of any city, village, town, county or state
park or parkway shall be given, in the case of a city, village or
town, to the respective Clerk, and in the case of a county, to the
Clerk of the County Legislature or other person performing like duties,
and in the case of any state park or parkway, to the Regional State
Park Commission having jurisdiction. Such city, village, town, county,
state park or parkway shall have the right to appear and to be heard
at such public hearing with respect to any such proposed, change or
amendment. Written notice of a proposed change or amendment affecting
property shown on the Official Zoning Map[1] as a protective zoned area of a housing project authorized
under the Public Housing Law shall be given to the housing authority
erecting or owning the project and to the government providing financial
aid for assistance thereto at least 10 days prior to the date of public
hearing.
[1]
Editor's Note: The Zoning Map is on file and available for
inspection in the office of the Town Clerk.
A protest against a proposed change or amendment to this chapter
must be signed by the owners of 20% or more of the area of the land
included in such proposed change or by the owners of 20% or more of
the land immediately adjacent extending 100 feet therefrom, or by
the owners of 20% or more of the land directly opposite thereto extending
100 feet from the street frontage of such opposite land. Such change
or amendment thus protested shall require the favorable vote of 3/4
of the members of the Town Board to become effective.
