Lewisboro City Zoning Code
ARTICLE X
Amendments
§ 220-78 Procedure.
[Amended 4-28-2025 by L.L. No. 6-2025]
The Town Board may, from time to time, on its own motion, on petition or on recommendation of the Planning Board or Zoning Board of Appeals, amend, supplement or repeal the regulations and provisions of this chapter in the manner provided by Town Law.
§ 220-79 Petition; public hearing.
[Amended 4-28-2025 by L.L. No. 6-2025]
A.
A petition for an amendment or change may be presented to the Town Board by the owner or owners of any property within the Town of Lewisboro seeking a change in the provisions of this chapter affecting their property. The petition shall be made on a standard form prescribed by the Town Board and shall set forth the full names and addresses of both the record and any beneficial owners of the property, an accurate description of the property and any improvements thereon, the location thereof, the exact change which the petitioner desires and such other information as the Town Board may require. Each such petition shall be verified by the petitioner, and, if different parties hold the record and beneficial ownerships of the property, all such parties must join in such petition and verify the same.
B.
The Town Board retains discretion as to whether to entertain and act upon such Petition presented under § 220-79A above.
C.
In case of a protest against such a proposed change, signed by the owners of 20% or more of either the area of the land included in such a proposed change or of that immediately adjacent extending 100 feet therefrom, and of that directly opposite thereto extending 100 feet from the street frontage of such opposite land, the amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of at least four members of the Town Board and in accordance with the provisions of Town Law § 265.
D.
Each petition for a zoning amendment which the Town Board desires to entertain shall be accompanied by a fee in the amount set by resolution of the Town Board in the Fee Schedule pursuant to § 220-77, payable to the Town Clerk upon the filing thereof. No fee shall be required for petitions filed in favor of or against a pending application.
E.
Public hearing. If the Town Board desires to entertain said petition, then, by resolution adopted at a meeting of the Town Board, the Town Board shall fix the time and place of a public hearing on the proposed amendment. In this case, notice of said hearing shall be given by publication in the official newspaper of the Town at least 10 days before the date of such hearing. In addition to such published notice, the Town Board shall cause such notice to be mailed at least 10 days before the hearing to all owners of property within the area subject to the proposed zoning change and to all owners of real property which lies within 500 feet of any lot line of a property for which a rezoning is sought and to such other persons as the Town Board may deem advisable. All notices of public hearing shall specify the nature of any proposed amendment and shall identify the land or district affected. The names of said owners shall be taken as they appear on the last completed assessment roll of the Town. Provided that due notice shall have been published and there shall have been substantial compliance with the remaining provisions of the section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken by the Town Board in connection with the approval of a rezoning or zoning amendment.
F.
Notice. If any proposed amendment consists of or includes either of the following two conditions, the Town Clerk shall transmit to the designated office or official a copy of the official notice of the public hearing not later than 10 days prior to the date of hearing:
(1)
Any change in the boundaries of any district, which change would occur within a distance of 500 feet of any municipal boundary, excluding Connecticut.
(2)
Any change in the district classification of, or the regulations applying to real property abutting any portion of which is located within 500 feet of the following boundaries listed in this subsection, the Town Clerk shall, prior to final action, refer the proposed amendment to the Westchester County Planning Board in accordance with Section 277.61 of Chapter 277 of the Westchester County Administrative Code.
(a)
The boundary of any other New York State municipality.
(b)
The boundary of any New York state or county park or other recreation area, excluding Connecticut.
(c)
The right-of-way of any state parkway, thruway, expressway or other controlled-access highway or county road or parkway.
(d)
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(e)
The boundary of any county-or state-owned land on which a public building or institution is located.
§ 220-80 Planning Board review.
[Amended 4-28-2025 by L.L. No. 6-2025]
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Town's Comprehensive Plan and would be in furtherance of the purposes set forth in § 220-1 of this chapter. The Planning Board shall report on any such matters so referred to it by the Town Board within 30 days from the date of the referral or such other time set forth in the referral resolution, unless such time shall be extended by resolution of the Town Board in connection with any such matter. If the Planning Board shall fail to report within the time so fixed, the Town Board may, in its discretion, act upon such matter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
A.
Report of the planning board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text of this chapter:
(a)
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(b)
Which areas, land uses, buildings and establishments in the Town will be directly affected by such changes and in what way they will be affected.
(c)
The indirect implications of such changes in its effect on other regulations.
(d)
Whether such proposed amendment is consistent with Town's Comprehensive Plan.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and other public facilities and services, including roads, exist or can be created to serve the needs of any additional residences or other uses likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the Town as set forth by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Town and the probable effect thereof.
(f)
Impacts on existing uses and the likelihood or magnitude of creating non-conforming uses in the area proposed to be rezoned.
B.
In the event that the Planning Board disapprove of an action in its recommendation and review of the proposed zoning amendment, the Town Board may, by supermajority, approve of the proposed zoning amendment.
§ 220-81 Westchester County Planning Board review.
[Amended 11-26-1991 by L.L. No. 1-1991; 4-28-2025 by L.L. No. 6-2025]
At least 30 days prior to the public hearing at which such amendment is to be considered, the Town Board, in accordance with the applicable provisions of New York State General Municipal Law §§ 239-L, 239-M, and 239-N and Sections 277.61 and 277.71 of the Westchester County Administrative Code, shall refer to the Westchester County Planning Board all proposals affecting real property abutting:
A.
The boundary of any state or county park.
B.
The right-of-way of any state road, parkway or expressway.
C.
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
D.
The boundary of any county- or state-owned land on which a public building or institution is located.
§ 220-82 Additional notification.
[Amended 4-28-2025 by L.L. No. 6-2025]
In any case where said amendment affects any real property lying within 500 feet of the boundary of any municipality within the State of New York, the Clerk of said municipality shall be notified thereof at least 10 days prior to the public hearing at which such matter is to be considered.