Owasco Town City Zoning Code
ARTICLE XXI
Amendments, Severability, Repealer, and Effective Date
§ 150-144 Amendments.
The Town Board of Owasco may from time to time, on its own motion, or in petition, or on recommendation of the Planning Board, the Zoning Board of Appeals, or a member of the public, amend, supplement, or repeal the regulations and provisions of this chapter including changing the zoning district classification of a particular parcel of land, often referred to as a rezoning, after public notice and hearing.
Every such proposed amendment or change, whether initiated by the Town Board of Owasco or by petition, shall be referred to the Planning Board for report thereon prior to the public hearing hereinafter provided for. The Town Board of Owasco, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
By publishing a notice of the time and place of the public hearing at least 10 business days prior to the date of such hearing in a paper of general circulation in the Town.
A written notice of any proposed change or amendment affecting 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 at least 10 business days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law of New York State, as such area is shown on an approved zoning map filed with the Code Enforcement Officer, shall be given to the Housing Authority erecting or owning the project and to the government providing financial aid for assistance thereto at least 10 business days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the Regional State Park Commissioner having jurisdiction over such state park or parkway at least 10 business days prior to the date of such public hearing.
A written notice of any proposed change or amendment affective property within 500 feet of the boundaries of any city, village, town, or county shall be given to the Clerk of such municipality and to the Clerk of the County Legislature at least 10 business days prior to the date of such public hearing.
In case, however, of a protest against such change signed by the owners of 20% or more of the area of land included in such proposed change or that immediately adjacent, extending 100 feet from the street frontage opposite of such land, such amendment shall not become effective except by the favorable vote of at least four members of the Town Board of Owasco.
§ 150-145 Severability.
It is hereby declared to be the legislative intent that:
Should the courts declare any provision of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
Should the courts find the application of any provision or provisions of this chapter to any lot, building, or other structure, or tract of land, to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other person, property, or situations shall not be affected.
§ 150-146 Repealer.
Local Law 1 of 1988 entitled and cited as "Chapter 150, Zoning" and all supplements and amendments thereto, are hereby repealed. Provided, however, if the present Zoning Law is held to be ineffective or invalid by reason or some irregularity in or impediment to its passage, this repealer shall also be ineffective, it being the legislative intention that if the present enactment shall be ineffective as aforesaid, then in that event, Local Law 1 of 1988 entitled and cited as "Chapter 150, Zoning" together with its supplements and amendments, would necessarily remain in full force and effect.
Local Law 2 of 2004 entitled and cited as "Chapter 126, Subdivision of Land" and all supplements and amendments thereto, are hereby repealed. Provided, however, if the present Zoning Law is held to be ineffective or invalid by reason or some irregularity in or impediment to its passage, this repealer shall also be ineffective, it being the legislative intention that if the present enactment shall be ineffective as aforesaid, then in that event, Local Law 2 of 2004 cited as "Chapter 126, Subdivision of Land" together with its supplements and amendments, would necessarily remain in full force and effect.
Local Law 2 of 2023 entitled "Amendments to the Zoning Code of the Town of Owasco Regarding Solar Energy System Overlay Districts" and all supplements and amendments thereto, are hereby repealed.
If this chapter entitled "Town of Owasco Zoning Law" adopted and effective as noted in § 150-147 herein, is held to be ineffective or invalid by reason or some irregularity in or impediment to its passage, this repealer shall also be ineffective, it being the legislative intention that if the present enactment shall be ineffective as aforesaid, then in that event the laws listed above together with their supplements and amendments, would necessarily remain in full force and effect until this chapter is found to be effective and valid.
§ 150-147 Effective date.
Be it enacted this __________ by the Town Board of Owasco in Cayuga County, New York that this Town of Owasco Zoning Law shall be effective immediately.