Coeymans Town City Zoning Code

ARTICLE VI

Amendments

§ 165-15 General provisions.

[Amended 2-25-2020 by L.L. No. 1-2020]

Amendments by the Town Board. The Town Board may from time to time, on its own motion or on petition or by recommendation of the Planning Board/Zoning Board of Appeals, amend, supplement, modify or repeal, in whole or in part, this chapter or the boundary of a district established by this chapter. Such action shall take place after a public notice and hearing as required by the Town Law.

Advisory report by Planning Board/Zoning Board of Appeals.

Any such proposed change in the text or zoning district boundary shall be submitted to the Planning Board/Zoning Board of Appeals which shall submit its advisory report in writing to the Town Board prior to the public hearing.

The Planning Board/Zoning Board of Appeals in its written report shall recommend favorably the adoption of any proposed change only if it meets the following conditions:

The revision is not contrary to the general purposes and intent of this chapter; and

The revision is accordant with the Comprehensive Master Plan.

The Planning Board/Zoning Board of Appeals's advisory report shall be submitted to the Town Board within 30 days after receiving notice from the Town Clerk of the proposed change.

Notice and hearing.

Newspaper notices. At least 10 days prior to a scheduled public hearing on a changer, a notice announcing the time and place and giving a description of the regulations, boundaries and areas involved in the proposed change shall appear in a newspaper having general circulation in the town.

Public hearing. No change of this chapter's text or the Zoning Map shall be effective until a hearing has been held and the public has had occasion to be heard.

Written notice.

At least 10 days prior to a scheduled hearing, written notice of any proposed change affecting property within 500 feet of the boundaries of any county, town, village, city or state park, reservation or parkway shall be given to the respective clerk or other person performing such duties or to the commission, authority or other body having jurisdiction over the area concerned. Said county, town, village, city or state park, reservation or parkway have the right to appear and be heard at such hearing, but shall not have the right of review by a court as provided in Article 78 of the Civil Practice Law and Rules.

At least 10 days prior to a scheduled hearing, written notice of any proposed change affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law shall be given to the housing authority in charge of the project and to the government providing financial aid or assistance thereto.

Publication, posting and effective date.

Publication and posting.

Every zoning ordinance, every amendment thereto, and every map incorporated therein, adopted in accordance with Town Law shall be entered into the minutes of the Town Board, and a copy thereof shall be published once in a newspaper of general circulation in the town.

A copy of such ordinance, amendment and any map incorporated therein shall be posted conspicuously at or near the office of the Town Clerk as required by law. Affidavits of such publishing and posting shall be filed with the Town Clerk.

Effective date.

An amendment to this chapter involving a change in boundaries shall become effective only when:

The revision has been duly adopted;

Drawn on the Official Zoning Map; and

Proper entry has been recorded thereon referring to the revision number, its location in the public record and the date of adoption.

After public notices. An amendment or revision in this chapter shall not take effect until 10 days following the publication and posting as set forth in Section 600.04, but if a certified copy under Town Seal is served personally against a person, such amendment or revision shall take effect from the date of such service.

Protest.

Signatures required. A protest against a proposed revision of this chapter must be signed by the owners of the following:

Twenty percent or more of the land area included in the proposed revisions; or

Twenty percent or more of the land immediately adjacent and extending 100 feet therefrom; or

Twenty percent or more of the land directly opposite thereto and extending 100 feet from the street, road or highway frontage of such opposite land.

Vote requirements. No protest shall become effective unless four members of the Town Board vote favorably on such a protest.

Fee. Every petition for a change or amendment to this chapter shall be accompanied by a fee of $50 which will be used to defray the cost of investigations, studies or advertising as may be necessary to present said change or amendment for adoption.

Coeymans Town City Zoning Code

ARTICLE VI

Amendments

§ 165-15 General provisions.

[Amended 2-25-2020 by L.L. No. 1-2020]

Amendments by the Town Board. The Town Board may from time to time, on its own motion or on petition or by recommendation of the Planning Board/Zoning Board of Appeals, amend, supplement, modify or repeal, in whole or in part, this chapter or the boundary of a district established by this chapter. Such action shall take place after a public notice and hearing as required by the Town Law.

Advisory report by Planning Board/Zoning Board of Appeals.

Any such proposed change in the text or zoning district boundary shall be submitted to the Planning Board/Zoning Board of Appeals which shall submit its advisory report in writing to the Town Board prior to the public hearing.

The Planning Board/Zoning Board of Appeals in its written report shall recommend favorably the adoption of any proposed change only if it meets the following conditions:

The revision is not contrary to the general purposes and intent of this chapter; and

The revision is accordant with the Comprehensive Master Plan.

The Planning Board/Zoning Board of Appeals's advisory report shall be submitted to the Town Board within 30 days after receiving notice from the Town Clerk of the proposed change.

Notice and hearing.

Newspaper notices. At least 10 days prior to a scheduled public hearing on a changer, a notice announcing the time and place and giving a description of the regulations, boundaries and areas involved in the proposed change shall appear in a newspaper having general circulation in the town.

Public hearing. No change of this chapter's text or the Zoning Map shall be effective until a hearing has been held and the public has had occasion to be heard.

Written notice.

At least 10 days prior to a scheduled hearing, written notice of any proposed change affecting property within 500 feet of the boundaries of any county, town, village, city or state park, reservation or parkway shall be given to the respective clerk or other person performing such duties or to the commission, authority or other body having jurisdiction over the area concerned. Said county, town, village, city or state park, reservation or parkway have the right to appear and be heard at such hearing, but shall not have the right of review by a court as provided in Article 78 of the Civil Practice Law and Rules.

At least 10 days prior to a scheduled hearing, written notice of any proposed change affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law shall be given to the housing authority in charge of the project and to the government providing financial aid or assistance thereto.

Publication, posting and effective date.

Publication and posting.

Every zoning ordinance, every amendment thereto, and every map incorporated therein, adopted in accordance with Town Law shall be entered into the minutes of the Town Board, and a copy thereof shall be published once in a newspaper of general circulation in the town.

A copy of such ordinance, amendment and any map incorporated therein shall be posted conspicuously at or near the office of the Town Clerk as required by law. Affidavits of such publishing and posting shall be filed with the Town Clerk.

Effective date.

An amendment to this chapter involving a change in boundaries shall become effective only when:

The revision has been duly adopted;

Drawn on the Official Zoning Map; and

Proper entry has been recorded thereon referring to the revision number, its location in the public record and the date of adoption.

After public notices. An amendment or revision in this chapter shall not take effect until 10 days following the publication and posting as set forth in Section 600.04, but if a certified copy under Town Seal is served personally against a person, such amendment or revision shall take effect from the date of such service.

Protest.

Signatures required. A protest against a proposed revision of this chapter must be signed by the owners of the following:

Twenty percent or more of the land area included in the proposed revisions; or

Twenty percent or more of the land immediately adjacent and extending 100 feet therefrom; or

Twenty percent or more of the land directly opposite thereto and extending 100 feet from the street, road or highway frontage of such opposite land.

Vote requirements. No protest shall become effective unless four members of the Town Board vote favorably on such a protest.

Fee. Every petition for a change or amendment to this chapter shall be accompanied by a fee of $50 which will be used to defray the cost of investigations, studies or advertising as may be necessary to present said change or amendment for adoption.