Lloyd City Zoning Code
ARTICLE X
Amendments
§ 100-58 Amendments.
A.
This chapter or any part thereof may be amended, supplemented or repealed from time to time by the Town Board on its own motion or in response to a petition from the public or upon recommendation by the Planning Board. Prior to public hearing, every such proposed amendment shall be referred by the Town Board to the Planning Board for a report. The Town Board shall not take any action on any such amendment without such report from the Planning Board unless the Planning Board fails for any reason to render such report within 45 days following the date of such referral.
B.
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 the chapter:
(a)
Whether such change is consistent with the aims and principles embodied in the chapter as to the particular districts concerned.
(b)
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.
(c)
The indirect implications of such change in its effect on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Town.
(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 envisaged by the Master Plan.
(e)
Whether the proposed amendment is likely to result in an increase or decrease in the total residential capacity of the Town and the probable effect thereof.
C.
Each petition for an amendment, except those initiated by the Town Board or Planning Board, shall be accompanied by:
(1)
A fee in accordance with the Standard Schedule of Fees of the Town of Lloyd as may be adopted from time to time by the Town Board;
(2)
A sketch showing the outline of the district, names of the property owners and the assessed valuation of each property; and
(3)
A narrative detailing the rationale and need of the proposed amendment, and how such amendment is consistent with the Town's Comprehensive Plan.
D.
Whenever the owners of at least 51% of the assessed valuation in any district shall present a petition, duly signed and acknowledged by such owners, to the Town Board, requesting an amendment, supplement or change in the zoning regulations prescribed for such district or part thereof, it shall be the duty of the Town Board to hold a public hearing on such petition within 90 days after the filing of same.
E.
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 and cause notice thereof to be given in accordance with provisions of § 264 of the Town Law. All notices of public hearing shall specify the nature of any proposed amendment, the land or district affected and the date when and the place where the public hearing will be held. At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper.
F.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of § 265 of the Town Law.
G.
A determination of the Town Board regarding the adoption or rejection of any proposed amendment is a legislative action.