Milton City Zoning Code
ARTICLE XIV
Amendment, Interpretation and Application
§ 180-79 Authority to amend.
This chapter or any part thereof, including the Zoning District Map indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board in the manner provided by §§ 264 and 265 of the Town Law.
§ 180-80 Procedure for initiation of amendment.
An amendment to this chapter may be initiated in one of three ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Town Planning Board, filed with the Town Clerk, wherein certain changes to or repeal of certain provisions of this chapter are recommended, in which case it shall be the responsibility of the Town Board to act on such proposed amendment within 90 days of the time such resolution is filed by the Town Planning Board in the office of the Town Clerk.
C.
By petition duly signed and acknowledged from the owners of 50% or more of the frontage in any zoning district or part thereof requesting an amendment, supplement or change in the regulations prescribed for such zoning district or part thereof, in which case it shall be the duty of the Town Board to act upon such petition for amendment within 90 days of the time such petition is filed by the petitioners in the office of the Town Clerk. Said petition shall be accompanied by three copies and a pdf of the PDD amendment application as well as the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
[Amended 2-18-2024 by L.L. No. 2-2024]
§ 180-81 Report of the Planning Board.
A.
All proposed amendments, supplements or changes to this chapter or the Town of Milton Comprehensive Plan originating by petition or by motion of the Town Board shall be referred to the Town Planning Board for a report and recommendation thereon. In undertaking such review, the Town Planning Board shall make inquiries and provide recommendations concerning the matters specified below:
(1)
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular zoning districts concerned.
(2)
Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected.
(3)
Whether adequate public service and other support facilities exist or can be created to serve the needs of any additional development that may occur as a result of such change.
(4)
The indirect implications of such change in its effect on other regulations.
(5)
Whether such proposed amendment is consistent with the underlying objectives of this chapter.
B.
The Town Planning Board shall submit its report within 30 days after receiving such referral from the Town Board. Failure of the Town Planning Board to report within the required time period shall be deemed to be a recommendation of approval of the proposed amendment.
§ 180-82 Procedure of Town Board.
A.
Public notice and hearing. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as follows:
B.
Required referral. The Town Board shall transmit a full statement of any proposed amendment, whether a map amendment or a text amendment, that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Saratoga County Planning Board for its review and recommendation. No action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the Saratoga County Planning Board or 30 days have elapsed since said Saratoga County Planning Board received such full statement.
C.
Compliance with SEQR. Proposed amendments are actions subject to the provisions of the New York State Environmental Quality Review Act. Prior to formal consideration and public hearing, the Town Board shall make a determination as to the type of action, lead agency status and environmental significance of the proposed amendment in accordance with Article 8 of the Environmental Conservation Law.
D.
Town Board action. The Town Board may approve any such proposed amendment by a majority vote of said Board, except that a favorable vote of at least four members of the Town Board, i.e., a majority plus one, shall be required if:
(1)
Action being taken is contrary to the advisory recommendation received from the Saratoga County Planning Board under the provisions of §§ 239-l and 239-m of the General Municipal Law; or
(2)
In accordance with the provisions of § 265 of the Town Law, a protest petition against such amendment has been duly signed and acknowledged by the owners of at least 20% of the land area included in such proposed change or of that immediately adjacent, extending 100 feet therefrom, or that directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
§ 180-83 Conflict with other provisions.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of this chapter are inconsistent with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the more restrictive provisions or those imposing the higher standards shall govern.
§ 180-84 Effect on existing violations.
No site plan or special permit shall be approved nor building permit or certificate of occupancy issued nor variance granted under this chapter for any premises upon which there is an existing violation of this chapter or any related Town, county or state regulation governing either building construction or the use of land and structures within the Town of Milton. This limitation does not, however, prohibit such an approval, issuance or grant with respect to a legal nonconforming use or legal noncomplying structure.
§ 180-85 Periodic review.
From time to time the Town Board shall conduct a review of the effectiveness of the provisions of this chapter, including the location of zoning district boundaries.