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Mount Hope City Zoning Code

ARTICLE XV

Amendments

§ 250-83 Review and referral of amendments.

This chapter or any part thereof, including the Zoning Map indicating the district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board and in the manner as provided by Article 16, § 265, of the Town Law. Every proposed amendment or change shall be referred by the Town Board to the Planning Board for its report pursuant to Article 16, § 271, of the Town Law and pursuant to the provisions of this chapter.

§ 250-84 Report of Planning Board.

In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below.
A. 
Concerning a proposed amendment to or change in the text of this chapter:
(1) 
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned;
(2) 
Which areas and establishments in the Town will be directly affected by such change and in what way they will be affected;
(3) 
The indirect implications of such change in its effect on other regulations; and
(4) 
Whether such proposed amendment is consistent with the aims of the Master Plan of the Town.
B. 
Concerning a proposed amendment involving a change in the Zoning Map:
(1) 
Whether the uses permitted by the proposed change would be appropriate in the area concerned;
(2) 
Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such a change;
(3) 
Whether the proposed change is in accord with any existing or proposed plans in the vicinity;
(4) 
The effect of the proposed amendment upon the growth of the Town as envisaged by the Master Plan;
(5) 
Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Town and the probable effect thereof.

§ 250-85 Public hearing.

By resolution adopted at a duly called meeting, 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 the same manner as required for hearings on variances by the Board of Appeals in Article XIV except that, where the Town Board acts on its own petition and motion, it may proceed with notice as provided and required under the applicable provisions of the Town Law of the State of New York.

§ 250-86 County referrals.

Where the land involved in any proposed amendment exceeds 25 acres and lies within 500 feet of the areas stipulated in § 250-82D herein, such application accompanied with the notice of the public hearing shall be forwarded to the Orange County Planning Department for review in accordance with the provisions of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law of the State of New York.

§ 250-87 Municipal notice.

A. 
Should any proposed amendment consist of or include:
(1) 
Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other municipality; or
(2) 
Any change in the regulations prescribed for any district any portion of which is located within 500 feet of such boundaries;
B. 
The Town Clerk shall transmit to the municipal clerk of such other municipality a copy of the official notice of the public hearing thereof not later than the day after such notice appears in the official newspaper of the Town.

§ 250-88 Content of hearing notice.

All notices of public hearing shall specify:
A. 
The nature of any proposed amendment;
B. 
The land or district affected; and
C. 
The date when, and the place where, the public hearing will be held.

§ 250-89 Protest.

In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of Article 16 of the Town Law.

§ 250-90 Findings.

In all cases where the Town Board shall approve an amendment to the Zoning Map, said Board will fully set forth the reasons for its findings.