The Town Board may, from time to time, on its own motion or
on petition, or on the recommendation of the Town Planning Board,
after proper public notice and public hearing, amend, supplement or
repeal the regulations, provisions or boundaries of this chapter.
A.
In the case of a proposed amendment which involves the reclassification
or transfer of any area to a less restrictive district, the Town Board
may require the petitioner to submit a development plan showing the
extent, location and character of proposed structures and uses. The
Town Board may require that such plan be modified to meet the objections
raised at any public hearing thereon, or subsequent thereto, and may
qualify its approval of any such amendment by attaching a special
endorsement thereto.
B.
Within a period of six months from the approval of such a provisional
amendment, no building permit or certificate of zoning compliance
shall be issued for any property within the area described by said
amendment, except in accordance with the approved development plan
and with all conditions and limitations placed thereon by the Town
Board, or in accordance with the zoning regulations applicable prior
to said reclassification action. Unless application for a building
permit for such special development is made within six months from
the Town Board's approval and unless development of the area
included in such development plan is commenced within a period of
one year after the Town Board's approval, said approval shall
be void and the zoning classification shall be as it was when the
petition for amendment was filed.
A.
Filing petition. A petition to amend, change or supplement the text
of this chapter or any zoning district as designated on the Zoning
Map established herein[1] shall be filed with the Town Clerk on forms obtained from
his office and shall be transmitted by him to the Town Board.
[1]
Editor's Note: The Zoning Map is on file in the office
of the Town Clerk.
B.
Referral to Planning Board. Each proposed amendment, except those
initiated by the Town Planning Board, shall be referred to the Town
Planning Board for an advisory report prior to the public hearing
held by the Town Board. In reporting, the Town Planning Board shall
fully state its reasons for recommending or opposing the adoption
of such proposed amendment, and if it shall recommend adoption, shall
describe any changes in conditions which it believes make the amendment
desirable and shall state whether such amendment is in harmony with
a Comprehensive Plan for land use in the Town.
C.
Public notice. Unless otherwise provided, the provisions of § 264,
as amended, and § 265 as amended, of Article 16 of the Town
Law, and § 20 of the Municipal Home Rule Law, and subsequent
amendments thereto, pertaining to public hearings, official notice
and proper recording of zoning actions taken by the Town Board, shall
apply to all amendments to this chapter.
D.
Protests. In case of a protest against any change signed by owners
of 20% or more, of either the area of the land included in such proposed
change, or of that immediately adjacent extending 100 feet therefrom
or of that 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 at least four members of the Town
Board.
E.
Rehearing. The disposition of a petition for amendment by the Town
Board shall be final and disapproval or denial of the proposed amendment
shall void the petition. No new petition for an amendment shall void
the petition. No new petition for an amendment which has been previously
denied by the Town Board shall be considered by it, except for a vote
to table or to receive and file, and no public hearing shall be held
on such amendment within a period of one year from the date of such
previous denial, unless the Town Planning Board shall submit a recommendation,
with reason stated therefor, certifying that there have been substantial
changes in the situation which would merit a rehearing by the Town
Board.
