Millbrook Village City Zoning Code
ARTICLE IX
Amendments
§ 230-70 Amendment by Village Board.
The Village Board may, from time to time, on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearings as provided by the Village Law.
§ 230-71 Review by Planning Board.
Every such proposed amendment or change, whether initiated by the Village Board or by petition, shall be referred to the Planning Board for report thereon at least 15 days before the public hearing hereinafter provided for. If the Planning Board shall fail to submit such report, it shall be deemed that the Planning Board has approved the proposed amendment or change.
§ 230-72 Factors by which to review proposed amendments.
When considering zoning amendments, especially those involving changes to the Official Zoning Map, Village officials must consider the following factors in making their determination:
Whether the change is compatible with the existing land use pattern.
The possible creation of an isolated district unrelated to adjacent and nearby districts.
The population density pattern and possible increase or overtaxing of the load on public facilities, such as schools, utilities or streets.
Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.
Whether change or changing conditions make the passage of the proposed amendment necessary.
Whether the proposed change will adversely influence living conditions in the neighborhood.
Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.
Whether the proposed change will create a drainage problem or negatively impact subsurface water resources.
Whether the proposed change will seriously reduce light and air to adjacent areas.
Whether proposed change will adversely affect property values in adjacent areas.
Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.
Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
Whether there are substantial reasons whey the property cannot be used in accordance with existing zoning.
When considering zoning amendments, Village officials must follow review regulations as provided for in the State Environmental Quality Review Act (SEQRA).
§ 230-73 Referral to Dutchess County Department of Planning.
In accordance with the policy and procedures provided for by §§ 239-l and 239-m of the General Municipal Law, any proposed zoning actions as specified therein, shall be referred to the Dutchess County Department of Planning for its review. If the Dutchess County Department of Planning fails to report within 30 days after receipt of a full statement of such referred material, the municipal body may act without such report. If the Dutchess County Department of Planning disapproves the proposal or recommends modifications thereof, the municipal body shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reason for the contrary action within seven days.
§ 230-74 Public notice and hearing.
The Village Board by resolution to be adopted at a stated meeting shall fix the time and place of a public hearing on the proposed amendments and shall cause notice to be given as follows:
Public notice: by publishing a notice as provided by the Village Law in advance of such hearing in the official Village newspaper of the Village of Millbrook. Such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
Personal notice: by mailing a copy of such notice to every association or resident of the Village which has registered its name for this purpose with the Village Clerk. A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any Village, town or county shall be given to the clerk of such municipality and to the County Clerk at least 10 days prior to the date of such hearing.
Opportunity to be heard. At the public hearing, full opportunities to be heard shall be given to any citizen and all parties in interest.
Adoption after protest. The vote of at least 3/4 of the members of the Village Board shall be required before the passage of an amendment which is protested by the owners of 20% or more of the areas of:
Changes, amendments or supplements. All changes, amendments or supplements to this chapter and to the Zoning Map which forms a part hereof, shall be adopted and published in accordance with the provisions of the Village Law.