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Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
The Town Board may, from time to time, on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearings provided by the Town Law.
A. 
Before approving any amendment of the Zoning Map, the Town Board may require the submittal of development plans, including the location and character of proposed structures and conditions of use for the premises concerned, and, in approving any such amendment, the Town Board may specify that no building permit or certificate of occupancy be issued with respect to said premises under the amended district classification except in accordance with the said plans and conditions of use as submitted or as revised to meet the requirements of the Town Board.
B. 
At least 10 days before a scheduled hearing relating to any amendment of the Zoning Map, the Town Board shall cause to be forwarded, by regular mail, a notice of such proposed amendment to the Zoning Map to all owners of real property located within 500 feet of the border of the land which is the subject of the proposed amendment to the Zoning Map.
[Added 8-6-1997]
A petition to amend, change or supplement this chapter or the Zoning Map shall include the following information:
A. 
A description by metes and bounds of the premises proposed to be rezoned.
B. 
An accurate map or survey in triplicate, one copy to be on sheets size 8 1/2 inches by 11 inches or multiples thereof, showing the location of all buildings and structures on such premises.
C. 
The present and proposed use of such premises.
D. 
The present and proposed zoning classification of such premises.
E. 
The name and address of the owner of such premises and a statement of the petitioner's interest in the proposed rezoning if other than the owner.
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 shall cause notice to be given as follows:
(1) 
Public notice. By publishing a notice at least 10 days in advance of such hearing in the official town newspaper of the Town of Orchard Park; such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its content and shall name the place or places where copies of the proposed amendment may be examined. At least 14 days prior to the date of the public hearing for an application for a change in the Zoning Map, the Building Inspector shall post a sixteen-square-foot sign bearing the words, in three-inch=high letters, "Rezoning Application Pending." "The sign shall include, in a package to protect it from the weather, a copy of the resolution calling for the public hearing in connection with the rezoning application. The sign shall be posted within five feet of the right-of-way, in clear view of passing traffic. In the event that a rezoning application is bounded by more than one highway, additional signs shall be placed within five-feet of each right-of-way, in clear view of passing traffic.
[Amended 8-6-1997]
B. 
Opportunity to be heard. At the public hearing, full opportunities to be heard shall be given to any citizen and all parties in interest.
C. 
Changes, amendments or supplements. All changes, amendments or supplements to this chapter and to the Zoning Map which forms a part hereof shall be adopted in accordance with the provisions of the Town Law and General Municipal Law.