Minden Town City Zoning Code
ARTICLE XIII
Amendments
§ 90-64 Amendments; how initiated.
The Town Board may, from time to time, on its own motion, amend, supplement, repeal or change the regulations or district boundaries established by this chapter.
Whenever the owners of 50% or more of the frontage in any district or part thereof included in such change shall present a petition duly signed and acknowledged the Town Board requesting an amendment, supplement or change of the regulations prescribed for such district or part thereof, it shall be the duty of the Town Board to vote upon said petition within 180 days after the filing of the same by the petitioners with the Town Clerk.
The Planning Board may, by resolution, propose an amendment to the Town Board suggesting a change or repeal of specific portions of the regulation. Within 90 days from the time such resolution is filed with the Town Clerk, it shall be the duty of the Town Board to vote on such proposed amendment.
§ 90-65 SEQRA and Referral of amendments to Town Planning Board and County Planning Board.
Prior to adoption of any proposed amendment, supplement or change, all requirements of SEQRA, Part 617 shall be met.
All proposed amendments, supplements or changes originating by petition, or by motion of the Town Board, shall be referred to the Planning Board for a report and recommendation thereon. The Planning Board shall submit its report within 90 days after receiving referral. Failure of the Planning Board to report within the required time may be deemed to be approval of the proposed amendment.
All proposed amendments, supplements or changes shall also be referred to the Montgomery County Planning Board for a report and recommendation thereon pursuant to GML 239-m.
§ 90-66 Hearing on proposed amendment.
Before any amendment, supplement or change in the regulations or district boundaries, there shall be a public notice and hearing thereon as provided by law. The notice of hearing shall be published in the official newspaper at least 10 days prior to the hearing. Such hearing shall be held by the Town Board. Any such hearing shall also be duly noticed to any adjacent town that is within 500 feet of an area subject to the amendment.
§ 90-67 Adoption of amendment.
After the public hearing, and referral to and report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this chapter except as described in § 90-68, Protest petition.
§ 90-68 Protest petition.
If a protest against a proposed amendment, supplement or change is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of 3/4 of the Town Board.