68 - AMENDMENTS
The town board may, from time to time, on its own motion, or on petition, or on recommendation from the planning board, amend the requirements and districts established under this chapter after public notice and hearing in each case. All proposed amendments of the requirements or districts in this chapter established shall be filed in writing in a form required by the town board.
(LL No. 1, 2021, § 1)
Every proposed amendment, unless initiated by the planning board, shall be referred to the planning board. The planning board shall report in writing its recommendations thereon to the town board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the planning board fails to report within a period of forty-five (45) days from the date of receipt of notice or such longer time as may have been agreed upon by it and the town board, the town board may act without such report. If the planning board recommends disapproval of the proposed amendment, or recommends modification thereof, the town board shall not act contrary to such disapproval or recommendation except by the adoption of a resolution fully setting forth the reasons for such contrary action.
(LL No. 1, 2021, § 1)
Wherever the owners of lots having fifty (50) percent of the total cumulative road frontage in a district or a part thereof shall present a petition duly signed and acknowledged to the town board and requesting an amendment, supplement, change or repeal of the requirements prescribed for such district or part thereof, it shall be the duty of the town board to vote upon the petition within ninety (90) days after filing of the same by the petitioners with the town clerk.
(LL No. 1, 2021, § 1)
The town board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A.
By publishing notices of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the town, not less than ten (10) days prior to the date of public hearing;
B.
By giving written notice of hearing to any required municipal, county, regional, metropolitan, state, or federal agency in a manner prescribed by title.
(LL No. 1, 2021, § 1)
A zoning amendment shall be passed by the favorable vote of at least a three-fourths majority vote of the town board if a protest against the proposed amendment is presented to the town board, duly signed and acknowledged by:
A.
The owners of twenty (20) percent or more of the area of land included in such proposed amendment;
B.
The owners of twenty (20) percent or more of the area of land immediately adjacent and extending a distance of one hundred (100) feet there from; or
C.
By the owners of twenty (20) percent or more of the area of land directly opposite thereto and extending a distance of one hundred (100) feet from the street frontage of the land proposed for zoning amendment.
(LL No. 1, 2021, § 1)
The town board shall set the public hearing as required and shall render its decision within sixty (60) days of the receipt of the planning board's report. If the town board deems it advisable, it may require as a condition for approval of the amendment, that the amended area be put to use within a reasonable length of time.
(LL No. 1, 2021, § 1)
The town board shall provide notice of decision pursuant to town law.
(LL No. 1, 2021, § 1)
68 - AMENDMENTS
The town board may, from time to time, on its own motion, or on petition, or on recommendation from the planning board, amend the requirements and districts established under this chapter after public notice and hearing in each case. All proposed amendments of the requirements or districts in this chapter established shall be filed in writing in a form required by the town board.
(LL No. 1, 2021, § 1)
Every proposed amendment, unless initiated by the planning board, shall be referred to the planning board. The planning board shall report in writing its recommendations thereon to the town board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the planning board fails to report within a period of forty-five (45) days from the date of receipt of notice or such longer time as may have been agreed upon by it and the town board, the town board may act without such report. If the planning board recommends disapproval of the proposed amendment, or recommends modification thereof, the town board shall not act contrary to such disapproval or recommendation except by the adoption of a resolution fully setting forth the reasons for such contrary action.
(LL No. 1, 2021, § 1)
Wherever the owners of lots having fifty (50) percent of the total cumulative road frontage in a district or a part thereof shall present a petition duly signed and acknowledged to the town board and requesting an amendment, supplement, change or repeal of the requirements prescribed for such district or part thereof, it shall be the duty of the town board to vote upon the petition within ninety (90) days after filing of the same by the petitioners with the town clerk.
(LL No. 1, 2021, § 1)
The town board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A.
By publishing notices of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the town, not less than ten (10) days prior to the date of public hearing;
B.
By giving written notice of hearing to any required municipal, county, regional, metropolitan, state, or federal agency in a manner prescribed by title.
(LL No. 1, 2021, § 1)
A zoning amendment shall be passed by the favorable vote of at least a three-fourths majority vote of the town board if a protest against the proposed amendment is presented to the town board, duly signed and acknowledged by:
A.
The owners of twenty (20) percent or more of the area of land included in such proposed amendment;
B.
The owners of twenty (20) percent or more of the area of land immediately adjacent and extending a distance of one hundred (100) feet there from; or
C.
By the owners of twenty (20) percent or more of the area of land directly opposite thereto and extending a distance of one hundred (100) feet from the street frontage of the land proposed for zoning amendment.
(LL No. 1, 2021, § 1)
The town board shall set the public hearing as required and shall render its decision within sixty (60) days of the receipt of the planning board's report. If the town board deems it advisable, it may require as a condition for approval of the amendment, that the amended area be put to use within a reasonable length of time.
(LL No. 1, 2021, § 1)
The town board shall provide notice of decision pursuant to town law.
(LL No. 1, 2021, § 1)