[Amended 4-21-2015 by L.L. No. 3-2015]
The Board of Trustees may from time to time, on its own motion
or on petition or by recommendation of the Zoning Board of Appeals/Planning
Board, amend, supplement, modify or repeal, in whole or in part, this
chapter or the boundary of a district established by this chapter.
Such action shall take place after a public notice and hearing as
required by Village Law.[1]
[1]
Editor's Note: See the Village Law, §§ 7-706
and 7-708.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.Â
Any such proposed change in the text or zoning district boundary
shall be submitted to the Zoning Board of Appeals/Planning Board,
which shall submit its advisory report in writing to the Board of
Trustees prior to the public hearing.
B.Â
The Zoning Board of Appeals/Planning Board, in its written report,
shall recommend favorably the adoption of any proposed change only
if it meets the following conditions:
C.Â
The Zoning Board of Appeals/Planning Board's advisory report
shall be submitted to the Board of Trustees within 30 days after receiving
notice from the Village Clerk of the proposed change.
A.Â
Newspaper notice. At least 10 days prior to a scheduled public hearing
on a change, a notice announcing the time and place and giving a description
of the regulations, boundaries and areas involved in the proposed
change shall appear in a newspaper having general circulation in the
Village.
B.Â
Public hearing. No change of the Zoning Ordinance text or map shall
be effective until a hearing has been held and the public has had
occasion to be heard.
C.Â
Written notice. At least 10 days prior to a scheduled hearing, written
notice of any proposed change affecting property within 500 feet of
the boundaries of any county, town, Village, city or state park, reservation
or parkway shall be given to the respective clerk or other person
performing such duties or to the commission, authority or other body
having jurisdiction over the area concerned. Said county, town, Village,
city or state park, reservation or parkway has the right to appear
and be heard at such hearing, but shall not have the right of review
by a court as provided in Article 78 of the Civil Practice Act. At
least 10 days prior to a scheduled hearing, written notice of any
proposed change affecting property within the protectively zoned area
of a housing project authorized, under the Public Housing Law shall
be given to the housing authority in charge of the project and to
the government providing financial aid or assistance thereto.
A.Â
Publication and posting.
(1)Â
Every zoning ordinance, every amendment thereto and every map incorporated
therein, adopted in accordance with the Village Law, shall be entered
into the minutes of the Board of Trustees and a copy thereof shall
be published once in the official newspaper having general circulation
in the Village.
(2)Â
A copy of such ordinance, amendment and any map incorporated therein
shall be posted conspicuously at or near the office of the Village
Clerk as required by law. Affidavits of such publishing and posting
shall be filed with the Village Clerk.
B.Â
Effective date.
(1)Â
An amendment to this chapter involving a change in boundaries shall
become effective only when:
(2)Â
After public notice. An amendment or revision in this chapter shall not take effect until 10 days following the publication and posting as set forth in Subsection A, but if a certified copy under Village Seal is served personally against a person, such amendment or revision shall take effect from the date of such service.
A.Â
Signatures required. A protest against a proposed revision of this
chapter must be signed by the owners of the following:
(1)Â
Twenty percent or more of the land area included in the proposed
revisions; or
(2)Â
Twenty percent or more of the land immediately adjacent and extending
100 feet therefrom; or
(3)Â
Twenty percent or more of the land directly opposite thereto and
extending 100 feet from the street, road or highway frontage of such
opposite land.
B.Â
Vote requirements. No protest shall become effective unless 3/4 of
the members of the Board of Trustees vote favorably on such a protest.
[Amended 5-19-1992 by L.L. No. 1-1992]
Every petition for a change or amendment to this chapter shall
be accompanied by a fee of $100, $50 which will be used to defray
the cost of investigation, studies or advertising as may be necessary
to present said change or amendment for adoption.