Kent City Zoning Code
ARTICLE XVIII
Amendments
§ 77-62 Amendment procedure.
A.
This chapter, or any part thereof, may be amended, supplemented or repealed, from time to time, by the Town Board, pursuant to statute, on its own motion or upon recommendation by the Planning Board. Every proposed amendment shall be referred by the Town Board to the Planning Board for a report, which shall be rendered within 45 days of such referral. Failure by the Planning Board to render such report within the time specified shall be considered to be tantamount to a recommendation for approval. Nothing herein shall be construed to prevent the Town Board from acting on a proposed amendment prior to receipt of the Planning Board's recommendation as specified in this article; provided, however, that the proposed amendment shall be adopted by a super-majority vote (majority plus one) of the full Town Board membership.
§ 77-63 Planning Board report.
In preparing a report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
A.
Concerning a proposed amendment to or change in the text of this chapter:
(1)
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(2)
Which areas, land uses, buildings and establishments in the Town will be directly affected by such change and in what way they will be affected.
(3)
The indirect implications of such change in its effect on other regulations.
B.
Concerning a proposed amendment involving a change in the Zoning Map:
(1)
Whether the uses permitted by the proposed change would be appropriate in the affected area.
(2)
Whether adequate school and other public facilities and services, including roads, exist or can be reasonably expected to be created, to serve the needs of any additional dwellings or other uses likely to be constructed as a result of such change.
(3)
Whether the proposed change is in accord with any existing or proposed plans.
C.
Each petition for a zoning amendment shall be accompanied by such fee as may be established from time to time by the Town Board.[1] No fee shall be required for petitions filed in favor of or against any application. Each petition shall be signed and shall cite the existing text and/or zoning district. A proposed change in district boundaries shall also be accompanied by a map, accurately drawn to an appropriate scale, showing the land area included in the proposed change, the streets in the immediate vicinity and the land or lands immediately adjacent to and extending within 500 feet of all boundaries of said property with the names of the owner or owners thereof.
D.
Should any proposed amendment consist of or include any change in the boundaries of any district within a distance of 500 feet of the boundary of any Town or any change in the regulations prescribed for such district, the Town Clerk shall transmit to the Clerk of the municipality affected a copy of the official notice of the public hearing not later than 10 days prior to the date of the hearing. A copy of such notice of any proposed change affecting property within 500 feet of the boundary of any state park or parkway shall be given to the regional state park commission having jurisdiction not later than 10 days prior to such hearing.
E.
In case of a protest against any proposed amendment signed by the owners of 20% or more of the area of land included in such proposed change or of that area immediately adjacent extending 100 feet therefrom or of that area directly opposite thereto and extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.
F.
In addition to the notice as required by law, the Town Board shall cause a notice of any proposed amendment to be mailed to every association of residents which shall have registered its name and address for this purpose with the Town Clerk.
G.
The Town Board shall give due notice and shall hold a public hearing on every duly filed petition for amendment of the Zoning Ordinance or Map.