Clayton City Zoning Code
§ 235-17
Amendments.
The Town Board may from time to time of its own motion, or upon petition, amend, modify, change, supplement or repeal the provisions of this chapter and the Zoning Map[1] constituting a part of this chapter, and the boundaries of zoning districts shown thereon after notice and public hearing as provided by New York State Town Law, §§ 264 and 265, and referral to the Jefferson County Planning Board as provided by General Municipal Law § 239-m, and referral to the Town Planning Board as required by this chapter.
A.
Procedure.
(1)
The Town Board, by resolution adopted at a public meeting, shall fix the time and place of a public hearing on the proposed amendment(s) and shall cause notice to be given as follows:
(a)
A notice shall be published at least 10 days prior to said meeting, indicating the time and place of such hearing in the Town's officially designated newspaper.
(b)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any county, town or village shall be provided to the Clerk of such municipality at least 10 days prior to such public hearing. Such county, town or village shall have the right to appear and to be heard at such public hearing but shall not have the right of review by a court.
(c)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be provided to the New York State Office of Parks, Recreation and Historic Preservation, Thousand Islands Region, at least 10 days prior to such hearing.
(2)
Jefferson County Planning Board review.
(a)
Before taking final action, the Town Board shall refer to the Jefferson County Planning Board for its review and action any proposed change or amendment applying to property within 500 feet of the boundaries of any county, town or village, or within 500 feet of any existing or proposed state or county recreation area, or within 500 feet of the right-of-way of any existing or proposed state or county road or highway, or within 500 feet of the existing or proposed boundary of any state or county owned land on which a public building or institution is located.
(b)
In accordance with the provisions of General Municipal Law, Article 12-b, § 239-m, the Jefferson County Planning Board is required to report its recommendations to the Town Board within 30 days after receipt of such referral, or such longer period as mutually agreed upon. If such report is not timely received, the Town Board may take action without it. If the Jefferson County Planning Board disapproves the proposed change or amendment, the Town Board may approve the proposed change or amendment only by vote of a majority plus one of its members and only after adoption of a resolution fully setting forth the reasons for such contrary action.
(c)
Within 30 days after taking final action on the proposed amendment(s), the Town Board shall notify the Jefferson County Planning Board of such final action.
(3)
The Town Board shall refer all proposed changes and amendments to the Joint Town/Village Planning Board for a thirty-day review and recommendation period. If the Joint Planning Board fails to take action within this period, it shall be deemed to have approved the proposal.
B.
Protest. In case of a protest against any change or amendment signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective, except by the favorable vote of at least 3/4 of the members of the Town Board.
C.
Publication and posting. Every amendment to this chapter (including any map incorporated therein) shall be entered in the minutes of the Town Board and a copy thereof (exclusive of any map incorporated therein) shall be published once in the Town's officially designated newspaper and a copy of such amendment together with a copy of any map incorporated therein shall be posted on the signboard maintained by the Town Clerk, and affidavits of the publication and posting thereof shall be filed with the Town Clerk.
[1]
Editor's Note: The Zoning Map is on file in the Town Clerk's office.