Greenfield City Zoning Code
ARTICLE XIII
Amendments and Other Provisions
§ 105-151 Amendments.
A.
Amendments by Town Board. The Town Board may from time to time, on its own motion or by recommendation or petition of the Planning Board, amend, supplement, change, modify or repeal the regulations and provisions of this chapter following a public hearing and in accordance with § 105-151E of this article.
B.
Advisory report by Planning Board. Each such proposed amendment or change shall be referred to the Planning Board for report thereon before public hearing in front of the Town Board. 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.
C.
Effective date. This chapter or any amendment of this chapter shall take effect immediately upon filing with the Secretary of State, and in addition, such chapter or amendment shall take effect from the date of its service against a person served personally with copies thereof, certified by the Town Clerk under the Town Seal and showing the date of adoption and entry in the minutes.
D.
Public notice and hearing.
(1)
No such change in the text or a zoning district boundary of this chapter shall become effective until after a public hearing is held by the Town Board in relation thereto, at which the general public shall have an opportunity to be heard.
(2)
At least 10 days prior to the date of such public hearing, a notice of the time and place shall appear in a newspaper of general circulation in the Town. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves according to § 265 of the New York State Town Law.
(3)
At least 10 days prior to the date of said public hearing, written notice of such proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law or property within 500 feet of the boundaries of any city, village, town, county, state park or parkway shall be given. Such city, village, town or county shall have the right to appear and to be heard at such public hearing with respect to any such proposed change or amendment but shall not have the right of review by a court.
(4)
The Town Clerk shall promptly transmit to the Saratoga County Planning Board any matters required to be referred pursuant to the provisions of §§ 239-l and 239-m of the General Municipal Law.
E.
Publication and posting. Every zoning law and every amendment to the zoning law, excluding any map incorporated therein, shall be entered in the minutes of the Town Board. Such minutes shall describe and refer to any map adopted in connection with such zoning ordinance or amendment. An abstract of said law shall be published in accordance with Chapter 20, Ordinances and Local Laws, Adoption of.
§ 105-152 Interpretation of provisions.
In interpreting and applying the provisions of this chapter, the regulations shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, propriety and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, this chapter shall control.
§ 105-153 Severability; construal of provisions.
A.
If any provision of this chapter is declared invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to that provision of this chapter directly involved in the controversy which gave rise to the judgment and shall not affect or impair the validity of any other provision of this chapter.
B.
Nothing in this chapter shall be construed to affect any suit or proceeding now pending in any court or any rights arising prior to its enactment pursuant to provisions of law then in effect.
§ 105-154 When effective.
This chapter shall take effect immediately upon filing and publication as prescribed by law.