New Lebanon City Zoning Code
§ 205-15
Amendments.
A.
Amendments; how initiated.
(2)
Whenever the owners of 50% or more of the frontage in any district shall present a petition duly signed and acknowledged to 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 30 days after the filing of the same by the petitioners with the Town Clerk.
(3)
The Planning Board or the Zoning Board of Appeals may, by resolution, propose an amendment to the Town Board suggesting a change or repeal of the regulations. Within 30 days from the time such resolution is filed with the Town Clerk, it shall be the duty of the Board to vote on such proposed amendment.
B.
Referral of proposed amendments to the Town Planning Board and to the County Planning Board.
(1)
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 30 days after receiving such referral. If the Planning Board fails to report within the required time, the Town Board may act without such a report.
(2)
On any amendment proposal before the Town Board, a copy of a description of the proposal shall be mailed to the Columbia County Planning Board in any case where the land involved in the proposal is within 500 feet of:
(a)
The boundary of any other municipality.
(b)
Any state or county park or recreation area.
(c)
The right-of-way of any state or county highway.
(d)
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(e)
The boundary of any state- or county-owned land on which a public building or institution is situated.
(3)
No action shall be taken on proposals referred to the Columbia County Planning Board, until the County Board's recommendation has been received or 30 days have elapsed after the Board has received the full statement on the applicant's proposal, unless the county and the Town agree to an extension beyond the thirty-day requirement for the county's review.
C.
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.
D.
Adoption of amendment. After the public hearing, and referral to and report by the Planning Board, the Town Board shall act on the proposed amendment. A majority vote of the members of the Town Board shall be required to amend the Zoning Local Law, except as described in Subsection F below.
E.
[1]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 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 four members of the Town Board.
[1]
Editor’s Note: Former Subsection E, Publication and posting, was repealed 6-13-2017 by L.L. No. 1-2017. This local law also redesignated former Subsection F as Subsection E and repealed former Subsection G, Periodic review of Zoning Local Law, which immediately followed this subsection.