Deposit City Zoning Code
Article
XIII Amendments
§ 140-73 Procedures.
This chapter, or any part thereof, may be amended, supplemented or repealed by the Village Board, on its own motion, upon recommendation by the Planning Board or by petition. Prior to a public hearing, every such proposed amendment shall be referred by the Village Board to the Planning Board for a recommendation.
A.
Recommendation of the Planning Board. In making such recommendation on a proposed amendment, the Planning Board may make inquiry and determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in the text of the chapter.
(a)
Whether such proposed amendment is consistent with the objectives of the Future Land Use Plan.
(b)
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(c)
Whether areas, land uses, buildings and establishments in the Village will be directly affected by such change and in what way they will be effected.
(d)
The indirect implications of such change in its effect on other requirements.
(2)
Concerning a proposed amendment or change to the Zoning Map.
(a)
The effect of the proposed amendment upon the development of the Village envisioned by the Future Land Use Plan.
(b)
Whether the uses permitted by the proposed change would be appropriate in the areas concerned.
(c)
Whether adequate public facilities and services, including roads, exist or can be created to serve the needs of any additional uses likely to be constructed as a result of such change.
(d)
Such other or different matters as may be appropriate in the circumstances.
B.
Petitions.
(1)
Petitions to amend this chapter shall be in writing and shall contain a description of the properties affected, together with such other information as the Village Board shall require.
(2)
All petitions for amendments of this chapter, except those submitted by the Planning Board or on motion of the Village Board, shall be accompanied by a fee as shall be set from time to time by resolution of the Village Board. The petition for amendment shall be filed with the Village Clerk-Treasurer along with the appropriate fee.
C.
Public hearing. The Village Board shall fix the time and place of a public hearing on the proposed amendment. Notice of time and place of such hearing shall be published in a newspaper of general circulation at least 10 days prior to the date of such hearing and posted as required by the Village Law. The Village Board may reject a zoning petition without having a public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Referrals.
(1)
If any proposed amendment consists of or includes any of the following conditions as provided under §§ 239-l and 239-m of the General Municipal Law, the Village Clerk-Treasurer shall, prior to final action, refer the proposed amendment to the Broome County Planning Department/Delaware County Planning Department, as appropriate. Any change in the district classification of or requirements applying to real property within 500 feet of:
(2)
If any proposed amendment consists of a change in the district classification requirements, the Village Clerk-Treasurer shall refer the proposed amendment to the chief elected officials of the Towns of Sanford and Deposit prior to final action.
(3)
If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Village Clerk-Treasurer shall refer the proposed amendment to the chief elected official of the effected municipality, prior to action.
F.
State environmental quality review regulations. All applicable zoning amendments must have a completed environmental determination prior to Village Board final action.
G.
Village Board action.
(1)
The Village Clerk-Treasurer shall notify, by mail, the petitioner of the action taken by the Village Board.
(2)
If the Village Board approves the amendment, supplement, changes or modification to district boundaries or classifications, the Zoning Map shall be amended after publication as required by the Village Law.
(3)
The Village Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving a petition additional conditions or requirements consistent with the intent and objectives of the Future Land Use Plan and this chapter. The notice of the adoption of the resolution shall not be published nor shall the Zoning Map be amended until the petitioner has filed with the Village Clerk-Treasurer written consent to the conditions.