Ballston Spa City Zoning Code
ARTICLE XIII
Amendments
§ 205-74 Amendments by Village Board of Trustees.
A.
The Village Board of Trustees, under § 7-708 of the Village Law of the State of New York, may from time to time on its own motion, on recommendations of the Planning Board or on petition, after public notice and hearing, amend, supplement, change, modify or repeal in whole or in part this chapter or the boundary of any district by this chapter.
B.
Any such proposed change in text or zoning district boundary shall first be referred to the Planning Board which shall submit a written advisory report to the Village Board within 30 days after receiving notice of proposed change from the Village Clerk. The failure to make such report within 30 days shall be deemed to be a favorable recommendation.
C.
The Planning Board shall favorably recommend adoption of an amendment of change in this chapter or in a district boundary only if:
(1)
Such change does not conflict with the general purposes, goals and intent of this chapter.
(2)
Such change is consistent with the Comprehensive Plan of the Village of Ballston Spa.
(3)
Such change is in compliance with the State Environmental Quality Review process (SEQR), where applicable. The Village Board shall identify the type of action in accordance with SEQR regulations, and the time limitations otherwise applicable to the amendment process shall be extended until a determination of no significance has been made or until a draft environmental impact statement is completed.
§ 205-75 Protest petition.
If a protest against a proposed amendment, supplement, repeal or change is presented to the Village Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed change or by owners of 20% or more of the area of land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by a favorable four-fifths (4/5) vote of the Village Board.
§ 205-76 Public hearing on proposed amendment.
Before any amendment, repeal or change in the regulations or district boundaries there shall be a public notice or hearing thereon as provided by law. Such hearing may be held by the Village Board, by a committee of the Village Board or by the Planning Board on request of the Village Board. In addition to the public notice of hearing, such further written notice shall be given as required by law.
§ 205-77 Adoption of amendment.
After the public hearing and referral to and report by the Planning Board, majority vote of the members of the Village Board shall be required to amend this chapter, except as described in § 205-75, Protest petition.
§ 205-78 Procedures.
Amending or changing the provisions of this chapter or the boundary of any district shall follow the procedures set forth above and those now or hereafter provided in the laws of New York State.
§ 205-79 Previously approved and filed subdivision plats.
Previously approved and filed subdivision plats may be exempted from the provisions of this chapter or a zoning law hereafter adopted or the provisions of a change or amendment hereafter adopted to a zoning law, but such exemptions shall be consistent with the requirements of Article 7, § 7-708 of Village Law.