Bedford City Zoning Code
ARTICLE XIII
Amendments
§ 125-130 Authorization for Town Board to amend.
§ 125-131 Petitions.
A.
Whenever the owners of 50% or more of the road frontage in any district or any specific part thereof shall present to the Town Board a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed or of the Official Zoning Map including said district or specified part thereof, it shall be the duty of the Town Board to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed below.
B.
In a case of a protest against any proposed change, signed by the owners and lessees of 20% or more of the area or land included in such proposed change or of the lands immediately adjacent extending 100 feet therefrom or of the lands directly opposite thereto extending 100 feet from the road frontage of such opposite land, such amendment, supplement or change shall not become effective except by the favorable vote of at least four members of the Town Board.
§ 125-132 Notification of public hearing.
A.
The Town Board, by resolution adopted at a regular or special meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice thereof to be given as follows:
(1)
By publishing a public notice one time, at least 10 days in advance of the public hearing, in the official Town newspaper.
[Amended 8-16-1983]
(2)
By mailing a notice thereof to every association of residents of the Town, which shall have registered its name and address for this purpose with the Town Clerk.
B.
The notice shall state the general nature of the proposed amendment.
C.
If the proposed amendment is at the request of an applicant, said applicant for rezoning shall mail a notice thereof, at least 10 days prior to the public hearing, at his own cost and expense, to all owners of property within 500 feet of the perimeter of the lot or lots which are the subject of the proposed amendment. Said applicant shall then further file with the Town Clerk of the Town of Bedford an affidavit of mailing with a list of the names of the owners of record of the property within the 500 feet, together with the section and lot number of each, with such written notice prior to any hearing herein. The notice shall state the general nature of the proposed amendment.
[Added 8-16-1983]
§ 125-133 Planning Board review.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon within 45 days and before the public hearing provided by § 264 of the Town Law. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Bedford Town Development Plan and would be in furtherance of the purposes set forth in § 125-1 of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons. Failure on the part of the Planning Board to report to the Town Board its recommendations on any proposed amendment initiated by petition or resolution of the Town Board within 60 days after initiation of proceedings therefore shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.
§ 125-134 Referral to Westchester County Planning Board.
At least 10 days prior to the public hearing at which such amendment is to be considered, the Town Board, in accordance with Sections 277.61 and 277.71 of the Westchester County Administrative Code, shall refer to the Westchester County Planning Board all proposals affecting real property abutting:
A.
The boundary of any state or county park.
B.
The right-of-way of any state road, parkway or expressway.
C.
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
D.
The boundary of any county- or state-owned land on which a public institution is located.
§ 125-135 Notification of adjoining municipalities.
In any case where said amendment affects any real property lying within 500 feet of the boundary of any municipality, the Town Board shall notify the Town Clerk of said municipality at least 10 days prior to the public hearing at which the matter is to be considered, all in accordance with Section 277.71 of the Westchester County Administrative Code.
§ 125-136 Suspension of construction prior to adoption of amendment.
Whenever the Town Board, by resolution, authorizes a public hearing on a proposed amendment of this chapter, for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged or altered and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.