The Town Board may, from time to time, amend,
supplement, change, modify or repeal the provisions of this chapter,
including the Zoning Map and Zoning Schedule attached hereto, in the
manner specified in the Town Law. (The Zoning Map and Zoning Schedule
are on file in the office of the Town Clerk.)
A proposed amendment to or change of this chapter may be initiated by motion of the Town Board or by recommendation of the Planning Board to the Town Board or by petition of a property owner to the Town Board in accordance with § 127-61.
A.
A petition for amendment of this chapter may be presented
to the Town Board by the owner of any property in the Town who desires
a change in the provisions of this chapter affecting his property
and/or related property.
B.
Such petition shall be accompanied by a proposed amendment
to the chapter in a form compatible with the form of the chapter and
satisfactory to the Town Attorney.
C.
If the change is in the Zoning Map, the amendment shall read as follows: "The Zoning Map of the Town of Wilson attached to the Zoning Ordinance and made a part thereof by § 127-8 of that chapter is hereby amended by changing from (list present zoning district or districts) to (list proposed zoning district) of that land described as follows . . . . ., such land being further described and bounded by a map accompanying this amendment and hereby made a part thereof."
D.
The required map shall be drawn to scale and shall
give scale and North point, the names of all streets and all related
property lines. Existing zoning shall be shown in blue and proposed
changes shall be outlined and designated in red.
E.
If the change is in the Zoning Schedule,[1] the amendment shall read as follows: "The Zoning Schedule of the Town of Wilson attached to the Zoning Ordinance and made a part thereof by § 127-9 of that chapter is hereby amended by changing (list present permitted use; special permit use; lot, yard or greenbelt requirements) in the (list district) to (list proposed permitted use, special permit use; lot, yard or greenbelt requirements)."
[1]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
F.
When a proposed amendment or change is initiated by
petition, the expenses of advertising a notice of a public hearing
of such proposal shall be paid by the petitioner.
Every such proposed amendment initiated by motion
of the Town Board or by petition of a property owner shall be referred
by the Town Board to the Planning Board for a report and recommendation
thereon before a public hearing is conducted by the Town Board pursuant
to the provisions of this article. The Planning Board shall submit
its report and recommendation to the Town Board not more than 60 days
after the first meeting of the Planning Board held subsequent to such
referral unless, within such 60 days, such proposal shall be withdrawn
or amended or the Planning Board shall determine that, by reason of
the complexity of the questions presented or like considerations,
an additional period of time, not exceeding 30 days, is reasonably
required for the proper disposition thereof. If the Planning Board
shall not have submitted its report and recommendation within such
60 days or requested an additional period of not exceeding 30 days,
the Town Board, in its discretion, may proceed to final consideration
of the proposal.
In recommending the adoption of any proposed
amendment or change, the Planning Board shall report to the Town Board
the reasons for such recommendation, describing any change in conditions
that the Planning Board believes warrant the amendment or change,
its relation to the Master Plan and the effect of the proposed amendment
or change on the established pattern of this chapter. If the Planning
Board recommends against the adoption of a proposed amendment or change,
it shall include in its report a statement of its reasons for such
disapproval.
The Town Board shall hold a public hearing,
following publication of a notice thereof as required by law, on each
proposed amendment or change.
A.
Each notice of public hearing shall state the general
nature of the proposed amendment or change, as well as the text thereof.
In the instance of a map or schedule change, the map or schedule need
not be published but shall be placed on display at the office of the
Town Clerk and suitable reference made thereto in the notice.
B.
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any state
park or parkway shall be given to the Niagara Frontier State Park
Commission at least 10 days prior to the date of such public hearing.
C.
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any City,
Village, Town or County shall be given to the Clerk of such municipality
and to the Clerk of the Niagara County Legislature at least 10 days
prior to the date of such hearing.
In case of a protest against such amendment
signed by the owners of 20% or more of the area of 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 four or
more Town Board members.
