[Amended 5-30-1975 by L.L. No. 3-1975; 11-15-1983 by L.L. No.
13-1983; 1-8-1985 by L.L. No. 1-1985; 1-10-1989 by L.L. No. 1-1989; 11-13-1990 by L.L. No. 26-1990; 12-27-1995 by L.L. No. 25-1995; 6-3-2003 by L.L. No. 12-2003]
The Town Board, upon its own motion or by petition,
may, from time to time, amend, supplement, change, or modify this
chapter, including the Zoning Map, by proceeding in the manner provided
in this article. For the purposes of this article, an amendment also
includes, but is not necessarily limited to, a supplement, change,
or modification.
A.
The Town Board, by resolution adopted at a stated
meeting, shall fix the time and place of a public hearing on the proposed
amendment and cause notice thereof to be given pursuant to the provisions
of the Town Law. At least 10 days' notice of the time and place of
such hearing shall be published in the official newspaper.
B.
The Town Board, before publishing notice for a public
hearing, shall, in a written request, instruct the Town Planning Board
to prepare an official report regarding the proposed amendment, including
the Planning Board recommendations.
C.
An amendment initiated, proposed or requested by a
petitioner, other than the Town Board or other Town agency, shall
also be subject to the additional procedural requirements set forth
in subsequent sections of this article.
Every petition for an amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board. The fee for a petition for a change of zone to the Affordable Housing District is set forth in § 280-29A. The petitioner shall also be responsible for reasonable and customary professional review fees relating to environmental review of the petition.
A.
In the case of a petition requesting an amendment
in zoning district classification or the Zoning Map, in addition to
the notice required by law, a written notice containing the following
information shall be sent by the petitioner, or his agent, by either
certified or registered mail, to every owner of property immediately
adjacent thereto. In the event that any petitioner owns or has any
interest in any property immediately adjacent to the property proposed
to be changed in zoning district classification, then written notice
shall also be given to the owners of the property adjacent to such
other property of the petitioner. For the purpose of this section,
the words "owner" or "property owner" mean the owner as shown on the
current Southold Town assessment roll. The notice required by this
section shall be mailed by the petitioner, or his/her agent, within
five days preceding the filing of the petition in the Town Clerk's
office. Proof of mailing of such notice in the form of a statement
sworn to by petitioner or his/her agent shall be filed with the Town
Clerk at the time of filing the petition. Such notice shall contain
the following information:
(1)
A statement that the petitioner proposes to file a
petition with the Southold Town Clerk requesting a change of zone
classification.
(2)
A description of the street location and the area
of the property which is the subject of such petition.
(3)
The present zone district classification of the property
and the proposed zone district classification.
(4)
A statement that within five days of the notice the
petition requesting such change in zone district classification will
be filed in the Southold Town Clerk's office, Main Road, Southold,
New York, and may then be examined during regular office hours.
(5)
A statement that a public hearing with respect to
such petition must be held by the Southold Town Board before such
change of zone can become effective; that the person to whom the notice
is addressed, or his representative, has the right to appear and be
heard at such hearing; and that a notice of such hearing will be published
in the official Town newspaper not less than 10 days prior to such
public hearing.
B.
In lieu of complying with the provisions of this section,
written verified waivers of notice executed by the persons entitled
to receive such notice may be filed with the Town Clerk at the time
of filing the petition.
C.
Failure to comply with the provisions of this section
shall not affect the validity of any action with respect to such petition.
