Hurley City Zoning Code
ARTICLE X
Amendments
§ 210-63 Procedure.
The Town Board may, from time to time, on its own motion or on petition or on recommendation from the Planning Board amend the regulations and districts established under this chapter, after public notice and hearing in each case. All petitions for any amendment of the regulations or districts herein established shall be filed in writing in a form required by the Town Board.
§ 210-64 Referral to Planning Board.
Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.
§ 210-65 Public notice and hearing.
The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given in accordance with state and federal laws.
§ 210-66 Protest by owners.
If a protest against the proposed amendment is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least four members of the Town Board, provided that the percent of such vote is not contrary to or in conflict with state law.
§ 210-67 Planning Board changes.
A.
The Planning Board, with the permission of the Town Board in accordance with § 278 of the Town Law and § 210-38 of this chapter, may, simultaneously with the approval of any plat, make any reasonable change to the regulations established under this chapter with respect to the land so platted.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Before the Planning Board shall make any such change, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. Once the plat is filed in the office of the County Clerk, such changes shall be and become part of the regulations of this chapter, shall take the place of any regulations established herein by the Town Board, shall be enforced in the same manner and shall be similarly subject to amendment.
§ 210-68 Publication and posting.
Every amendment to this chapter, including any map incorporated therein, adopted in accordance with the Town Law shall be entered in the minutes of the Town Board and a copy thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper of the Town of Hurley and a copy of such amendment, together with a copy of any map incorporated therein, shall be posted on a sign board maintained by the Town Clerk pursuant to Subdivision 6 of § 30 of the Town Law. Affidavits of the publication and posting thereof shall be filed with the Town Clerk.