Cobleskill Town City Zoning Code
ARTICLE VII
Amendments
§ 140-24 Amendment by Town Board; referral to Planning Board.
A.
Amendments by Town Board. The Town Board from time to time on its own motion or on petition by taxpayers or on recommendations of the Planning Board after public notice and hearing as prescribed by the Town Law may amend, supplement, modify, or repeal in whole or part this chapter or the boundary of any district established by this chapter.
B.
Advisory report by Planning Board.
(1)
Any such proposed change in text or zoning district boundary shall first be referred to the Planning Board which shall submit a written report to the Town Board prior to public hearing thereon by the Town Board. The Planning Board shall favorably recommend adoption of an amendment or change in this chapter or in a district boundary only if:
(a)
Such change does not conflict with the general purposes, goals, and intent of this chapter.
(2)
The Planning Board shall submit to the Town Board its advisory report within 30 days after receiving notice from the Town Clerk of the proposed change. The failure to make such report within 30 days shall be deemed to be a favorable recommendation.
§ 140-25 Public notice and hearing.
A.
Public hearing. No such change in text or zoning district boundary of this chapter shall become effective until after a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.
B.
Newspaper notice of hearing. At least 15 days prior to the date of such public hearing, a notice of the time and place shall appear in a paper of general circulation. Such notice shall describe the area, boundaries, regulations, or requirements that such proposed change involves.
C.
Written notice of change or amendment. 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 boundaries of any adjoining town or village shall be given to the Town or Village Clerk. The town or village shall have the right to appear and to be heard at such public hearing with respect to any such proposed change or amendment. Written notice shall also be sent to any applicable agency as required in § 265 of the Town Law.
D.
Referral to county planning agency. Before taking final action on certain proposed amendments to this chapter, as specified in, and in accordance with, § 239-m of Article 12-B of the General Municipal Law, the Town Board shall refer such amendments to the Schoharie County Planning and Development Agency for report thereon.
§ 140-26 Publication and posting.
Every zoning law and every amendment to a zoning law (including any map incorporated therein) adopted in accordance with the Town Law shall be entered in the minutes of the Town Board, and a copy or abstract thereof (exclusive of a map incorporated therein) shall be published once in a newspaper published in the Town, if any, or in such newspaper published in the county in which such Town may be located, having circulation in such Town, as the Board of the Town may designate. In addition, a copy or abstract of such law or amendment, whether with a copy of any map incorporated therein, shall be posted on the signboard maintained by the Town Clerk pursuant to the Town Law. Affidavits of the publication and posting thereof shall be filed with the Town Clerk. Such law shall take effect 10 days after such publication and posting, but such law or amendment shall take effect from the date of service as against a person served personally with a copy thereof certified by the Town Clerk under the corporate seal of the Town; and showing the date of its passage and entry in the minutes.
§ 140-27 Protest.
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 directly opposite thereto extended 100 feet from the street frontage of such opposite land shall require the favorable vote of the majority of the Town Board to become effective.
§ 140-28 Change of zoning in subdivision approval.
A.
Review of decision of Planning Board.
(1)
Any person or persons, jointly or severally aggrieved by any decision of the Planning Board concerning such plat or the changing of the zoning regulations of such land, or any officer, department, board or bureau of the Town, may bring a proceeding to review in the manner provided in Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decision is illegal, in whole or in part. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the Board.
(2)
Commencement of the proceeding shall stay proceedings upon the decision appealed from.
(3)
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(4)
Costs shall not be allowed against the Planning Board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(5)
All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.
§ 140-29 Fee.
[Amended 5-15-2012 by L.L. No. 2-2012; 7-9-2012 by L.L. No. 4-2012]
Every petition for a change or amendment to this chapter shall be accompanied by a fee set by the Town Board of the Town Cobleskill and stated in the fee schedule to help defray the cost of such technical studies or professional assistance as may be necessary in connection with the petition.
§ 140-30 Lot in different districts.
If a lot is divided by a zoning district boundary, one of the following conditions shall apply:
A.
The respective district regulations shall apply to each portion of the lot so divided;
B.
The regulations of the more restricted district may be applied to the entire lot; or
C.
The Board of Appeals may establish requirements within the intent of this chapter, which represent a compromise between the requirements of the districts involved, and which are approximately proportional to the area of the lot that lies within each different district. In no case shall such requirements be less restrictive than the regulations in the least restrictive district.