Beekman City Zoning Code
ARTICLE XIV
Amendments
§ 155-71 Procedure.
A.
General. This chapter, including the Zoning Map which is a part hereof, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board on its own initiative, on recommendation of the Planning Board or on petition. Any such amendment or change may be adopted by local law after due notice and public hearing as authorized by New York State law, including Article 16 of the Town Law.
B.
Referral to Planning Board. Any proposal to amend, supplement, change, modify or repeal this chapter or any part thereof shall be referred by the Town Board to the Planning Board for a report thereon prior to any public hearing, unless such proposal is the recommendation of the Planning Board.
C.
Petitions. Any person may petition the Town Board to amend, supplement, change, modify or repeal this chapter, after the proper fee has been paid.
§ 155-72 Criteria for making changes.
A.
When considering zoning amendments, especially those involving changes to the adopted Official Zoning Map, Town officials must consider the following factors in making their determination:
(1)
Whether the proposed change would be in conformance with the Town Comprehensive Plan.
(2)
Whether the change is compatible with the existing land use pattern.
(3)
Whether the zone change will create an isolated district unrelated to adjacent and nearby districts.
(4)
Whether the change will lead to a population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities or streets.
(5)
Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.
(6)
Whether changes or changing conditions make the passage of the proposed amendment necessary.
(7)
Whether the proposed change will adversely influence living conditions in the neighborhood or community.
(8)
Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.
(9)
Whether the proposed change will create a drainage problem or negatively impact subsurface water resources.
(10)
Whether the proposed change will seriously reduce light and air to adjacent areas.
(11)
Whether the proposed change will adversely affect property values in adjacent areas.
(12)
Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.
(13)
Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
(14)
Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.
(15)
Whether the change suggested is out of scale with the needs of the neighborhood or the Town.
B.
When considering zoning amendments, Town officials must follow review regulations as provided for in the State Environmental Quality Review Act (SEQRA).
§ 155-73 Referral to County Department of Planning.
In accordance with the policy and procedures provided for by §§ 239-l and 239-m of the General Municipal Law, any proposed zoning actions as specified therein shall be referred to the Dutchess County Department of Planning for its review. If the Dutchess County Department of Planning fails to report within 30 days after receipt of a full statement of such referred material, the municipal body may act without such report. If the Dutchess County Department of Planning disapproves the proposal or recommends modifications thereof, the municipal body shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reason for the contrary action within seven days.
§ 155-74 Public notice and hearing.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and shall cause notice to be given as follows:
A.
Public notice. Public notice shall be given by publishing a notice as provided by the Town Law in advance of such hearing in the official Town newspaper of the Town of Beekman. Such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
B.
Personal notice. A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any Town or county road shall be given to the Clerk of such municipality and to the Clerk of the County Legislature at least 10 days prior to the date of such hearing.
C.
Opportunity to be heard. At the public hearing, full opportunities to be heard shall be given to any citizen and all parties in interest.
D.
Adoption after protest. The vote of at least 3/4 of the members of the Town Board shall be required before the passage of an amendment that is protested by the owners of 20% or more of the area of:
E.
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 and published in accordance with the provisions of the Town Law.