Northport City Zoning Code
ARTICLE XI
Amendments
§ 306-43 Authority to make changes.
The regulations, restrictions, district boundaries, standards and requirements herein established may, from time to time, be amended, supplemented, changed, modified or repealed by the Board of Trustees on its own motion or by petition, in accordance with the procedure set forth in § 306-44 of this article.
§ 306-44 Procedure.
[Amended 11-16-1976 by L.L. No. 14-1976]
A.
Procedure upon petition. No application for an amendment of this chapter, including the map made a part hereof, shall be considered or enacted unless the following procedure is observed:
(1)
Application. Applications, except on motion of the Board of Trustees, shall conform to the following requirements:
(a)
The application shall be in writing.
(b)
The application shall contain:
[1]
The names and addresses of applicants and of each person, firm or corporation having an interest, legal or equitable, in the premises concerning which an amendment is sought and a description of the nature of each such interest.
[2]
An exact description of the provision of this chapter sought to be amended or a legal description either by metes and bounds or by lot, block and map designation of areas on the Zoning Map sought to be changed.
[3]
In case of an amendment which, if granted, would require a change of the Zoning Map, an original copy of a survey of the area proposed to be changed, prepared by a duly licensed surveyor or professional engineer, cross-hatched or marked in accordance with the legend on the Zoning Map to show the proposed change and the zoning of adjacent parcels. The survey must be on a sheet measuring 8 1/2 inches by 14 inches of which the bottom three inches must remain blank for insertion of a written description of the amendment by the Village Clerk.
[4]
The names and addresses of owners of properties included in the proposed change, immediately adjacent extending 100 feet therefrom and directly opposite thereto extending 100 feet from the street frontage of such opposite land.
[5]
A sworn verification of the contents made by the applicant.
[6]
Sworn consent to the application by all persons interested in the premises as named in the application.
(2)
Limitations on applications. No application under this article shall be accepted or filed with respect to any premises which has been the subject of a public hearing hereunder during a period of six months immediately following such public hearing, unless such application shall have endorsed thereon the consent of the Planning Board or of at least three members of the Board of Trustees.
(3)
Referral to Planning Board. All applications under this article shall be referred to the Planning Board for consideration and recommendation to the Board of Trustees before consideration is given thereto by the Board of Trustees.
(4)
Hearing and notice.
(a)
Hearing. The Board of Trustees shall hold a public hearing at which applications, properly made, shall be considered and at which parties in interest, affected parties and Village residents shall have an opportunity to be heard in person or by an attorney.
(b)
Notice. Notice of hearing shall be made in the following manner:
(5)
Voting. No application shall be granted under this article and no amendment or other change of this chapter shall be made unless passed by a concurring majority vote of the Board of Trustees. However, in case of a protest against any such change signed 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 change or amendment shall not become effective except by the favorable vote of 3/4 of the Board of Trustees.
(6)
Filing. Every zoning law and every amendment thereto (excluding any map incorporated therein) adopted pursuant to the provisions of this chapter shall be entered in the minutes of the Village Board and a copy, summary or abstract thereof (exclusive of any map incorporated therein) shall be published once in the official newspaper and a copy of such local law or amendment, together with a summary or abstract of any map incorporated therein, shall be posted conspicuously at or near the main entrance to the office of the Village Clerk and affidavits of the publication and posting thereof shall be filed with the Village Clerk. Such minutes shall describe and refer to any map adopted in connection with such local law or amendment.[3]
(7)
Amendments relating to any portion of the Village within 500 feet of a town or Village boundary or a state park or parkway. No application for an amendment of this chapter or Zoning Map of the Village relating to any portion of the Village within 500 feet of a town or Village boundary or a state park or parkway which has been granted by the Board of Trustees shall become effective:
(a)
Until the applicant has furnished the Clerk of the Village of Northport with all maps, drawings, data, information and other matter required by the Department of Planning of the County of Suffolk or the County Planning Commission, pursuant to rules and regulations of said Department or Commission, to be submitted to said Commission by the Village of Northport.
(b)
Unless, within 30 days of the filing of such maps, drawings, data, information or other matter with said Commission, no resolution thereof disapproving of such amendment has been duly adopted by a two-thirds vote of such Commission, or if prior to said thirty-day period such amendment has been duly approved by said Commission.
(8)
Effective date. An amendment, except an amendment to which the provisions of Subsection A(7) of this section are applicable, shall take effect upon filing with the Secretary of State; but such amendment shall take effect from the date of its service against a person served personally with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the minutes. An amendment to which the provisions of Subsection A(7) of this section apply shall take effect in like manner but only after all the requirements and conditions of said Subsection A(7) have first been met and satisfied.[4]
B.
Procedure upon Board of Trustees' own motion. The regulations, restrictions, district boundaries, standards and requirements herein established may, from time to time, be amended, supplemented, changed, modified or repealed by the Board of Trustees' own motion, subject to the following procedure:
(1)
Hearing. The Board of Trustees shall hold a public hearing, at which time any action proposed on the Board's own motion as set forth above shall be considered and at which parties in interest and citizens shall have an opportunity to be heard in person or by an attorney.
(2)
(3)
No amendment or other change of this chapter shall be made unless passed by a concurring majority vote of the Board of Trustees; however, in case of a protest against any such changes signed 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 area 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 change or amendment shall not become effective except by the favorable vote of 3/4 of the Board of Trustees.
(4)
All proposed changes under this provision shall be first referred to the Planning Board for its consideration and recommendation to the Board of Trustees before consideration is given thereto by the Board of Trustees. The Planning Board shall issue its recommendations within 30 days of receipt of the proposed changes.