The Board of Trustees may from time to time, on its own motion, on petition, or on recommendation of any board, agency or official of the Village, after public notice and hearing, amend, supplement, repeal or change the regulations and districts established under this chapter.
A petition for any amendment of this chapter shall be made to the Village Clerk and shall describe the proposed changes. For proposed amendments to the Zoning Map, a copy shall be included of the applicable portion of the official copy of the Zoning Map, as kept by the Village Clerk, showing existing and proposed zoning, as well as a map drawn to an appropriate scale showing all properties within 500 feet of the periphery of the subject property and any contiguous property of the petitioner in the same ownership.
On the making of a motion, on receipt of a petition or on receipt of a recommendation of any board, agency or official of the Village for a zoning amendment, the Board of Trustees may decide not to formally consider such amendment.
If any amendment is to be considered by the Board of Trustees, it shall be referred for review and report to the Planning Board, the Village Attorney, the Village Engineer, Building Inspector, Code Inspector and any other board, agency or official of the Village which the Board of Trustees deems appropriate. The Planning Board shall confer with any petitioner and assist such petitioner, where necessary, to place the amendment in the most appropriate form. Such conference and assistance shall not be deemed to constitute any commitment by the Planning Board as to its position on the advisability of the proposed amendment. After said conference, the petitioner shall be allowed to revise his petition and to provide copies of such revision to the Board of Trustees and to any board, agency or official to which the original proposed amendment was referred. The Village Attorney shall report to the Board of Trustees regarding the form of the proposed amendment. The Planning Board shall report to the Board of Trustees regarding the form and the advisability of the proposed amendment. Its report shall analyze the proposed amendment and shall state the Board's reasons for its recommendation, describing any conditions it believes make the amendment advisable or not, and specifically stating whether the amendment would or would not be in furtherance of the purposes of this chapter. All such boards, agencies and officials shall have 45 days from the date of forwarding, or from the date of revision by the petitioner, whichever is later, to submit reports. Failure of the Planning Board or other board, agency or officials to report within 45 days shall be construed an approval of the proposed amendment. In no case shall this section restrict the right of an applicant to come before the Planning Board for an informal discussion and review prior to formal submission.
On receipt of the requested reports, and any revised proposed amendment from an application or notification by the petitioner that no revision will be made, the Board of Trustees shall schedule and hold a public hearing on the proposed amendment.
[Amended 12-12-1995 by L.L. No. 1-1995]
Notice of the public hearing shall be published once in the official newspaper, not less than 10 or more than 30 days prior to the date of the hearing. A copy of the notice, with proof of such mailing, together with proof of notice in the official newspaper, shall be filed in the Village Clerk's office on or before the date of the public hearing.
For all applications for an amendment that changes the district classification of land, the applicant shall submit stamped envelopes addressed to each of the owners of property within 750 feet of the perimeter of the subject property. An affidavit shall be submitted by the applicant declaring that the names and addresses of such adjacent property owners are correct as within the knowledge of the applicant as shown on the latest tax assessment roll. The Village Clerk shall mail copies of the notice of the public hearing to all owners of property within 750 feet of the perimeter of the subject property, by regular first-class mail, not less than 10 days or more than 30 days prior to the required hearing. In the event that such amendment changes the district classification of land, there shall be posted, not later than 10 days or more than 30 days prior to the hearing, a notice of the proposed change upon the property to which such change applies, said notice to be visible from each public street abutting such property.
In accordance with the procedures of § 7-708 of the Village Law, in the event a protest against such change is 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 amendment shall not become effective except by the favorable vote of four members of the Board of Trustees.
The Village Clerk shall keep record copies of all Zoning Maps and text sections superseded by any amendment of this chapter.
Not less than 10 days prior to the public hearing, the Village Clerk shall send copies of the proposed amendment and notice of hearing of any amendment affecting property within 500 feet of the boundaries of any county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road, highway or from 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 from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
All petitions for amendment of this chapter, except those recommended by the Board of Trustees, by the Planning Board or other municipal board or agency of the Village, shall be accompanied by a fee in accordance with the Fee Schedule of the Village of Wesley Hills.