Canton City Zoning Code
ARTICLE XVI
Amendments
§ 325-118 Authority.
The Village Board, from time to time, on its own motion, on petition by property owners or on recommendation of the Planning Board may amend, supplement, modify or repeal in whole or in part this chapter.
§ 325-119 Procedures.
A.
Petitions.
(1)
Any petition for amendments shall be submitted to the Village Clerk with an application and fee as established by the Village Board in the Fee Schedule. Any petition for a change in the Zoning Map shall include the following:
(a)
The name of the property owner.
(b)
A map accurately drawn to an appropriate scale showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the street rights-of-way in the immediate vicinity and the lands and names of owners immediately adjacent to and extending within 300 feet of all boundaries of the property to be rezoned.
(c)
A metes and bounds description of the proposed amendment.
(2)
Any petitioner shall submit evidence that they have notified by certified mail, return receipt requested, all the property owners within 300 feet of all boundaries of the affected property.
B.
Referrals.
(1)
Any such proposed change in the text or Zoning Map of this chapter, except a proposal from the Planning Board, shall first be referred to the Planning Board, which shall submit a written report to the Village Board prior to a public hearing on the proposed amendment by the Village Board. The Planning Board shall favorably recommend adoption of an amendment or change in this chapter or in a district boundary only if:
(2)
The Planning Board shall submit to the Village Board its advisory report within 30 days after receiving notice from the Village Clerk of the proposed change. The failure to make such report within 45 days shall be deemed to be a favorable recommendation.
(3)
The proposed amendment shall be referred to the St. Lawrence County Planning Board under the provisions of § 239-m of the NYS General Municipal Law.
C.
SEQRA compliance. The Village Board shall comply with the provisions of the NYS Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the NYS Codes, Rules and Regulations.
D.
Public hearing.
(1)
If the Village Board chooses to consider a proposed zoning amendment, it shall, by resolution at a duly called meeting, set the time and place for a public hearing on the proposed amendment. Request that the Planning Board hold a public hearing. If a proposed amendment is initiated by petition, the petitioner shall be responsible for publication of notice and for notice to adjacent municipalities, if necessary.
(2)
Public hearing notification.
(a)
Where 12 properties or fewer properties are included in the proposed zoning amendment, at 10 days prior to the date of such public hearing, a notice of the time and place shall appear in the official newspaper. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves.
(b)
In addition to the public notice of a hearing, notice shall be given, in writing, either personally or by mail, to all property owners of the land included in such proposed change, and the land immediately adjacent extending 100 feet therefrom, and the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, as said property owners and addresses appear on the latest completed assessment roll of the Village.
(c)
Where more than 12 properties are included in such change and the Board of Trustees, by resolution, determines that notice in writing to each property owner is not feasible, the notice of hearing shall be published in the official paper once a week for three successive weeks and shall be posted in public places in the Village, of which six shall be in the area affected.
(d)
Notice to municipalities. At least 10 days prior to the date of said public hearing, written notice of such proposed change or amendment affecting property within 500 feet of the boundary of a village, town or county shall be sent to the clerk of the municipality.
§ 325-120 Adoption.
A.
The Village Board may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest as described in Subsection B below.
B.
A protest against a proposed change or amendment to this chapter, if signed by the owners of 20% or more of the area of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet from the proposed change, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, shall require the favorable vote of at least four members of the Village Board to become effective.