Horseheads Town City Zoning Code
ARTICLE XX
Amendments
§ 204-123 Legal notice and public hearing required.
The regulations and provisions of this chapter may be amended, supplemented or repealed by the Town Board after legal notice and public hearing.
§ 204-124 Review by Planning Board.
Each proposed amendment, if initiated by an agency other than the Planning Board, shall be referred to the Planning Board for review and recommendation thereon before the public hearing hereinafter provided for.
§ 204-125 Notice of public hearing.
The Town Board shall fix the time and place for a public hearing on the proposed change or amendment and cause notice to be given as follows:
A.
By publishing a notice of time and place at least 10 days in advance of such hearing in the official paper of the Town.
B.
By submitting a written notice of any change or amendment affecting property within 500 feet of the boundaries of any state park or parkway to the Regional Park Commission having jurisdiction over such park or parkway at least 10 days prior to such hearing.
C.
By submitting a written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any adjacent village or Town to the Clerk of such village or Town at least 10 days prior to such hearing.
§ 204-126 Final action.
Before taking final action on certain proposed change or amendment to this chapter, the Town Board shall refer such proposed change or amendment to the Chemung County Planning Board as specified in, and in accordance with, §§ 239-l and 239-m or Article 12-B of the General Municipal Law.
§ 204-127 Protest.
In case of a protest against such proposed change or amendment signed by the owners of 20% or more of the area of land included in proposed change or by 20% or more of all landowners within 100 feet from the boundaries of the area of land to be included in such proposed change, such amendment shall not become effective except by a favorable vote of three-fourths (3/4) of the members of the Town Board.
§ 204-128 Authorized changes.
[Amended 10-4-1995 by L.L. No. 5-1995]
A.
In approving subdivision plats which require modifications in the zoning, changes for the subdivision under consideration shall be approved only if so authorized by the Town Board, after these have been disclosed at the public hearing required by Chapter 175, Subdivision of Land, of the Code of the Town of Horseheads.
B.
Changes made pursuant to this section are at the discretion of the Planning Board and must be made in accordance with the provisions of § 278 of the Town Law.