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Horse Heads City Zoning Code

ARTICLE XXIII

Amendments

§ 245-137 Authority to amend.

The Village Board may, from time to time on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearings as provided by the Village Law.

§ 245-138 Review of amendments by Planning Board.

Every such proposed amendment or change, whether initiated by the Village Board or by petition, shall be referred to the Planning Board for report thereon. Referral to the Planning Board shall be made 30 days before the public hearing hereinafter provided for. If the Planning Board shall fail to submit such report, it shall be deemed that the Planning Board has approved the proposed amendment or change.

§ 245-139 Public notice and hearing.

A. 
Public notice. The Village Board, by resolution, shall fix the time and place of a public hearing on the proposed amendments and shall cause notice to be given, as follows:
(1) 
By publishing a notice at least 15 days in advance of such hearing in the official Village newspaper of the Village of Horseheads. Such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
(2) 
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any state park shall be given to the Regional State Park Commission having jurisdiction over such state facility at least 10 days prior to the date of such public hearing.
(3) 
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any Village, town, or county shall be given to the Clerk of such municipality and to the Clerk of the Chemung County Board of Legislators at least 10 days prior to the date of such hearing.
B. 
The Village Board shall comply with §§ 239-m and 239-n of the General Municipal Law, which require that certain proposed actions, zoning regulations or amendments shall be submitted to the County, Metropolitan or Regional Planning Agency at least 30 days before action may be taken.
C. 
Opportunity to be heard. At the public hearing, full opportunities to be heard shall be given to any citizen and all parties in interest.

§ 245-140 Adoption after protest.

The favorable vote of at least four members of the Village Board shall be required before the passage of an amendment which is protested by the owners of 20% or more of:
A. 
The area of the land included in such proposed change.
B. 
The area of the land immediately adjacent and extending 100 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land.