Buchanan City Zoning Code
ARTICLE XII
Amendments
§ 211-53 Procedure.
The Village Board may, from time to time, on its own motion or on petition or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendment of the regulations or districts herein established shall be filed, in writing, in a form required by the Village Board.
§ 211-54 Advisory report by Planning Board.
Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Village 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 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Village Board, the Village Board may act without such report. If the Planning Board disapproves the proposed amendment or recommends modification thereof, the Village 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.
§ 211-55 Public notice and hearing.
The Village Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A.
By publishing a notice of the proposed amendment and the time and place of the public hearing in the official paper of the Village not less than 10 days prior to the date of public hearing.
B.
County referral. Should any amendment involve any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any Village, town or city or change the regulations applying to any district so located or within 500 feet of any existing or proposed county or state park or other recreation area; right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; right-of-way of any stream or drainage channel owned by the state or county or for which the county has established channel lines; or boundary of any state- or county-owned land on which a public building or institution is situated, including public housing projects or lands of such authorities, such amendment, accompanied by notice of public hearing, shall be forwarded to the Westchester County Planning Department by the Village Clerk in accordance with the Westchester County Administrative Code, at least 10 days prior to the public hearing. The Village Clerk shall also cause notice to be sent to the Clerks of any effected municipalities. If the County Planning Department disapproves the proposed amendment or recommends modification thereof, the Board of Trustees shall not act contrary to such disapproval or recommendation except by affirmative vote of four members, setting forth in such resolution the reasons for such contrary action.
§ 211-56 Protests by landowners.
If a protest against a proposed amendment 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 amendment or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the area of land directly opposite thereto, such amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Village Board.
§ 211-57 Publication and posting.
Every amendment to this chapter, including any map incorporated therein, adopted in accordance with the Village Law shall be entered in the minutes of the Village Board, and a copy of such amendment, together with a copy of any map incorporated therein, shall be posted on a signboard maintained by the Village Clerk pursuant to the Village Law. Affidavits of the publication and posting thereof shall be filed with the Village Clerk and Secretary of State's office.
§ 211-58 Periodic review.
From time to time, at intervals of not more than five years, the Planning Board shall reexamine the provisions of this chapter and the location of district boundary lines and shall submit a report of its findings and recommendations to the Village Board.