Kirkland City Zoning Code

For the purpose of establishing and maintaining sound and stable development and to conserve property values generally, this chapter shall not be amended, except to correct a manifest error in the chapter or to provide for regulations more appropriate to an area because of changed or changing conditions.

A. The Town Board may, from time to time on its own motion, amend, supplement, repeal or change the regulations and district boundaries established by this chapter.

B. Whenever the owner or owners of frontage in any district, or part thereof, shall present a petition duly signed and acknowledged to the Town Board, requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Town Board to vote upon said petition within 90 days after the filing of the same by the petitioners with the Town Clerk and to notify the petitioners immediately thereafter.

C. The Planning Board may, by resolution, propose an amendment, supplement, change or repeal of the regulations to the Town Board.

D. Amendments of this chapter may be subject to the State Environmental Quality Review (SEQR) process. The Town Board should identify the type of action the zone change is according to SEQR regulations. Depending on the size of the zone change and several other factors it may be a Type I or an unlisted action. To make a decision, the Board should consult 6 NYCRR Part 617, adopted pursuant to Article 8 of the Environmental Conservation Law.

E. If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefor the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement is completed.

F. Consultant review. The Town Board may consult with the Town Building Inspector, Fire Chief, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation. Should the Board decide that the services of a private consultant are needed during the course of project review, the associated costs incurred for the private consultant’s services shall be paid in full by the applicant prior to any hearing which the applicant seeks.

A. All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board, in writing, for a report and recommendations thereon. The Planning Board shall submit in writing its recommendations within 62 days after receiving such referral.

B. Whenever any zoning regulation or any amendment would change a district classification or a regulation applying to real property within a distance of 500 feet from any boundary line of properties in a neighboring municipality or upon other county or state property as described in § 118-59A(l), said zoning regulations or amendments shall be referred by the Town Board to the Oneida County Department of Planning pursuant to § 118-59.

Before any amendment, supplement, repeal or change in the regulations or district boundaries, there shall be a public notice and hearing thereon by the Town Board, as provided by law. In addition to the public notice of a hearing, written notice shall be given to all property owners on record of the land included in such proposed change and situated within 200 feet of the boundaries of the land upon which the proposed change is to be made and the land directly opposite thereto extending 200 feet from the street frontage of such opposite land. Where more than 50 properties are included in any such amendment, supplement, repeal or change in the regulations or district boundaries, and the Town Board, by resolution, determines that notice in writing to each property owner is not practical or feasible, the notice of hearing shall be published in the official paper once a week for three successive weeks and shall be posted in 12 public places in the Town of which six shall be in the area affected.

After the public hearing, referral to and report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this chapter, except as described in § 118-79.

If a protest against a proposed amendment, supplement, repeal or change is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom; or by the owners of 20% or more of the land directly opposite thereto extending 200 feet from the street frontage of such opposite land, such amendment shall not be passed except by a favorable vote of at least 3/4 of the members of the Town Board.

From time to time, at intervals of not more than three years, the Planning Board shall reexamine the provisions of this chapter and the location of district boundary lines and shall submit a report to the Town Board recommending such changes or amendments, if any, which may be desirable in the interest of public welfare, convenience and necessity.