Niagara City Zoning Code
ARTICLE XIII
Repealer and Amendments
§ 245-56 Previous code repealed.
The Zoning Code adopted by the Town Board of the Town of Niagara on December 14, 1982, as amended, is hereby repealed in its entirety. The location and boundaries of the zoning districts are shown on a map entitled "Zoning Map Town of Niagara," which with all explanatory matter thereon is hereby incorporated into this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is on file in the Town offices.
§ 245-57 Amendments and changes.
A.
The Town Board may, in accordance with the Town Law of the State of New York, from time to time, on its own motion, or on petition or on recommendation of the Planning Board, Board of Appeals or resident petition, amend, supplement or repeal any or all of the regulations and provisions of this code. A petition requesting a change in regulations, district boundaries or in the other provisions of this code shall be typewritten and be signed and acknowledged by the person presenting it and shall be filed with the Town Clerk in triplicate.
B.
Whenever the owners of 50% or more in frontage on one side of a street or highway in a block or area between intersections of two highways or streets in any district, or a specified part thereof, shall present their signed petition to the Town Board requesting any amendment, supplement, alteration or change in the regulations prescribed for such district, or specified part thereof, it shall be the duty of the Town Board, after public notice and hearing upon such petition, to make a determination upon the matter contained in such petition in accordance with the provisions of § 265 of the Town Law. Any copy of such petition submitted to the Town Board shall be submitted in duplicate, and one original shall be filed with the Town Board.
§ 245-58 Procedure for amendments.
A.
Notice shall be given by publishing a notice at least 10 days prior to such meeting, stating the time, place and date thereof in the official Town newspaper.
B.
Disposition of notices.
(1)
A written notice of any proposed change or amendment affecting property within 500 feet of a boundary of an existing or proposed county or state highway right-of-way; any stream or drainage channel under the jurisdiction of the county shall be sent to the Niagara County Economic Development and Planning Department at least 20 days prior to the date of public hearing.
(2)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any county or state park or parkway shall be given to the Niagara Frontier State Park Commission, which has jurisdiction over such state parks and parkway, at least 10 days prior to the date of such public hearing, and shall be referred to the Niagara County Planning Board as required by the General Municipal Law of the State of New York.
(3)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, any other village, Town or county boundary shall be given to the Clerk of such municipality and to the Clerk of the County Planning Board at least 10 days prior to the date of such public hearing.
C.
In case, however, of a protest against such changes signed by the owners of 20% or more of the area of 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 amendments shall not become effective except by the favorable vote of four-fifths of the members of the Town Board.
D.
Whenever this code is amended as prescribed herein, certified copies of the amendments as adopted shall be filed in the vault at the Town Hall, and also in the office.