A.
The Village of Ocean Beach Board of Trustees may from
time to time, on its own motion or on petition or on the recommendation
of the Planning Board, amend, change, supplement or repeal the regulations,
restrictions, district boundaries and provisions of this chapter,
including the amended Zoning Map, after public notice and hearing
in accordance with minimum zoning standards as set forth in 36 CFR
28.
B.
Such proposed amendment or change, whether initiated
by the Board of Trustees or by petition, shall be referred to the
Planning Board for report thereon. The Board of Trustees, by resolution
adopted at a stated meeting, shall fix the time and place of a public
hearing on the proposed amendment or change and cause notice to be
given in accordance with the provisions of the Village Law.
The Board of Trustees shall promulgate such
rules and regulations as are required to carry out the purposes of
the amendment procedures for petitions of owners or contract vendees
who are requesting a change of use district classification. This shall
include provisions for notification of surrounding property owners,
reasons for the proposed change, fees and such information on the
property listing and proposed plans as the Board deems necessary and
appropriate.
The Village Board of Trustees may, on its own
motion, initiate an amendment to any provision of this chapter after
referring the amendment to the Planning Board for a report thereon
or, upon recommendation of the Planning Board, shall consider any
change of use district classification or any amendment, change, supplement
or repeal to the provisions of this chapter, including the amended
Zoning Map. In either case, there shall be a resolution setting a
date for a public hearing on the motion. In addition, any change to
the use district classification of properties within the village shall
require adequate notice to be given to instant and surrounding property
owners, apprising them of the proposed change, in accordance with
methods and procedures contained in the Village Law of the State of
New York.
The Board of Trustees may, upon petition duly
signed and acknowledged from landowners within the Village of Ocean
Beach, elect to hold a public hearing on any requested amendment,
supplement, change, modification or repeal of these regulations and
cause notice thereof to be given in the manner prescribed above, and
thereafter vote to adopt such request.
Whenever the Board of Trustees, as a condition
for the granting of an application for a change of use district classification
or special permit, requires restrictive covenants to be imposed upon
the subject property, such restrictive covenants must be filed in
recordable form in the offices of the Village Clerk and Suffolk County
Clerk by the applicant, at his expense, not later than 60 days from
the date of notification of passage of change in use district classification
or special permit, except that the Board of Trustees may extend the
time for filing the restrictive covenants upon good cause, upon written
application. Failure to file said restrictive covenants with the Village
Clerk within the stipulated period of time shall render the granting
of the change ineffective and null and void.
The Board of Trustees may from time to time,
on its own motion or on petition, amend, supplement, change, modify
or repeal any covenant imposed on property at the time of a change
of use district classification or special permit. Proper notice shall
be given for public hearing and notice to property owners in accordance
with procedures contained in applicable portions of the Village Law
of the State of New York.
No parcel or part thereof may be subject of
an application for amendment of use district classification, amendment
of restrictive covenants or special permit, within one year after
the Board of Trustees has held a public hearing on an application,
unless the second application seeks a change to a more restrictive
zoning category, restrictive covenant or restrictive use than was
earlier sought.
