Menands Village City Zoning Code
ARTICLE 17
Amendments
§ 169-91 Authority to amend.
A.
The Board of Trustees may, from time to time, amend, supplement or repeal, in whole or in part, this chapter, including the Zoning Map, in accord with the procedures set forth below. Such amendment shall be adopted by majority vote of the Board of Trustees, except as specified in §§ 169-91B and 169-93, and may be initiated in the following ways:
(1)
By the Board of Trustees on its own motion.
(2)
On the recommendation of the Zoning Board of Appeals.
(3)
By the filing of a petition by Village taxpayers or residents, on a form prescribed by the Village Clerk, describing such proposed amendment, accompanied by a fee in accord with a schedule established by the Board of Trustees.
B.
If a duly signed and acknowledged protest against a proposed amendment to this chapter is submitted to the Board of Trustees by any one of the following, it shall not become effective except by a favorable vote of 3/4 of the members of the Board.
(1)
The owners of 20% or more of the area of the land included in such proposed change; or
(2)
The owners of 20% or more of the land immediately adjacent to such proposed change, extending 100 feet therefrom; or
(3)
The owners of 20% or more of the land directly opposite such proposed change, extending 100 feet from the street frontage of such opposite land.
§ 169-92 Procedures.
A.
Public hearing. No change in the text or zoning district boundary of this chapter shall become effective until a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.
B.
Newspaper notice of hearing. At least 10 days prior to the date of each such public hearing, a notice of the time and place shall appear in the official newspaper of the Village. Such notice shall describe the area, boundaries, regulations, or requirements that such proposed change involves.
C.
Referrals. All proposed changes to this Zoning Chapter or Zoning Map shall be referred to the appropriate body as set forth in § 169-93.
D.
Publication and posting. Every amendment to this Zoning Chapter, including any map incorporated therein, adopted in accordance with Village Law shall be entered in the minutes of the Board of Trustees, and a copy or summaries thereof, exclusive of any map incorporated therein, shall be published once in a newspaper of general circulation in the Village. In addition, a copy of such chapter or amendment, together with a copy of any map incorporated therein, shall be posted conspicuously at or near the office of the Village Clerk in accordance with Village Law. Affidavits of the publication and posting thereof shall be filed with the Village Clerk.
E.
Effective date. An amendment or change in this chapter shall take effect 10 days following publication and posting in accordance with § 160-92D and filing of the local law with the Secretary of State in accord with Article 3 of the Municipal Home Rule Law.
§ 169-93 Referrals.
A.
Referral to the County Planning Board. The Board of Trustees shall transmit a full statement of any proposed amendment that meets the referral requirements of §§ 239-I, 239-m, and 239-n of the General Municipal Law to the Albany County Planning Board (ACPB) for its review. No action shall be taken by the Board of Trustees on such proposed amendment until a recommendation has been received from the ACPB or 30 calendar days have elapsed since the ACPB received such full statement or such longer time as may have been agreed upon by the ACPB and the Board of Trustees.
B.
Board of Trustees action.
(1)
Pursuant to § 239-m of the General Municipal Law, if the ACPB fails to report its recommendations within 30 days after receipt of a full statement of such referred material or such longer time as may have been agreed upon by it and the Board of Trustees, the Board of Trustees shall construe such inaction as approval of the proposed zoning action and may act without such a report. However, when such report is received two or more days prior to the final action, the Board of Trustees shall be subject to the requirements of § 169-93B(2) below.
(2)
Effect of negative report. If the ACPB disapproves the proposed amendment or recommends modification thereof, the proposed amendment shall not become effective except by a vote of a majority plus one of all members of the Board of Trustees and after the adoption of a resolution fully setting forth the reasons for such action.