Newstead City Zoning Code
ARTICLE XV
Amendments
§ 450-108 Authorization to amend.
[Amended 10-22-2001 by L.L. No. 4-2001]
The Town Board may, from time to time, on its own motion or in its sole discretion, upon receipt of a petition for rezoning submitted by an applicant which the Town Board elects to consider, or on the recommendation of the Town Planning Board which the Town Board elects to consider, after proper public notice and public hearing, amend, supplement or repeal the regulations, provisions or boundaries of this chapter.
§ 450-109 Submission of proposed amendments.
[Amended 10-22-2001 by L.L. No. 4-2001]
In the case of a proposed amendment, if the Town Board, in its sole discretion, elects to consider such amendment, the Town Board may require the petitioner to submit a development plan showing the extent, location and character of the proposed structures and uses. The Town Board may require that such plan be modified to meet the objections raised at any public hearing thereon and may qualify its approval of any such amendment by attaching a special endorsement thereto. No building permit or certificate of zoning compliance shall be issued for any property within the area described by said amendment, except in accordance with the approved development plan and with all conditions and limitations placed thereon by the Town Board. Unless application for a building permit for such special development is made within six months from the Town Board's approval and unless development of the area included in such development plan is commenced within a period of one year after the Town Board's approval, said approval shall be void, and the zoning classification shall be as it was when the petition for amendment was filed.
§ 450-110 Amendment procedure.
A.
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map[1] established herein shall be filed with the Town Clerk on forms obtained from his office and shall be transmitted by him to the Town Board.
[1]
Editor's Note: The Zoning Map is on file in the Town Clerk's office.
B.
Referral to Planning Board. Each proposed amendment that the Town Board, in its sole discretion, elects to consider, except those initiated by the Town Planning Board, may be referred to the Town Planning Board for an advisory report prior to the public hearing held by the Town Board.
[Amended 10-22-2001 by L.L. No. 4-2001]
C.
Public notice. Unless otherwise provided, the provisions of § 265, as amended, of Article 16 of the Town Law, and subsequent amendments thereto, pertaining to public hearings, official notice and proper recording of zoning actions taken by the Town Board shall apply to all amendments to this chapter.
D.
Protests. In case of a protest against any change signed by owners of 20% or more of either the area of the land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Town Board.
E.
Rehearings. The disposition of a petition for amendment by the Town Board shall be final, and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such previous denial, unless the Town Planning Board shall submit a recommendation, with reason stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board.