Patchogue City Zoning Code
ARTICLE XI
Amendments of Zoning Ordinance or Map
§ 435-69 Powers of Village Board.
The Village Board, upon its own motion, on recommendation of the Planning Board or by petition, may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in accordance to the applicable provisions of the Village Law.
§ 435-70 Fees for amendments and apartment house permits.
[Amended 3-24-1969; 7-28-1980 by L.L. No. 8-1980; 3-9-2009 by L.L. No. 7-2009]
For each proposed amendment of the zoning provisions of the Village Code or the Zoning Map or for an apartment house permit, on petition to the Board of Trustees, the following filing fee shall accompany the petition when presented to the Village Clerk, and each of said fees shall be inclusive of the fees required for proceedings before the Planning Board:
A.
A sum as set from time to time by resolution of the Board of Trustees[1] if the real property is not within a distance of 500 feet from the boundary of any town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county or state-owned land on which a public building or institution is situated.
[1]
Editor's Note: The current fee schedule is on file in the office of the Village Clerk.
B.
A sum as set from time to time by resolution of the Board of Trustees if the real property is within such distance of 500 feet.
C.
A sum as set from time to time by resolution of the Board of Trustees as the total fees due upon a combined application for a zoning change and apartment house permit if the real property is not within such 500 feet.
D.
A sum as set from time to time by resolution of the Board of Trustees as the total fees due upon a combined application for a zoning change and apartment house permit if the real property is within such distance of 500 feet.
§ 435-71 Petition and notice required.
[Amended 7-28-1980 by L.L. No. 8-1980; 3-14-1983 by L.L. No. 6-1983]
A.
The petition shall contain:
(1)
The name and address of the petitioner. If the petitioner is other than the owner, the duly acknowledged consent of the owner shall be attached to and made a part of the petition.
(2)
A description of the property by metes and bounds.
(3)
A statement as to the existing zoning of the property and to what zone it is proposed the property be changed.
(4)
A general description of neighboring properties.
(5)
A statement as to the use proposed for the property.
(6)
A statement as to whether the property is within 500 feet of the town line, a state park or state parkway.
B.
The site plan required by Article XIII shall be attached to and made a part of the petition, and if any structure is proposed to be built on the property, such proposed structure shall be accurately located on the site plan.
C.
There shall be nine copies of the petition, each accompanied by a site plan, filed along with the original, which shall be verified by the petitioner, together with 10 copies of a diagram, drawn to scale, prepared by a registered professional engineer or a registered land surveyor, showing by courses and distances the property which is the subject of the application and all of the properties within 200 feet of the perimeter line of said property, and showing, to scale, all structures within the area indicating the use, and showing the current zoning of all areas depicted and showing the distance and direction from the nearest intersecting street. All such diagrams shall contain the following certification:
I do hereby certify that the area map accurately described the uses of the property surrounding the subject premises as of | ||
(date) | ||
Signature | ||
D.
The applicant shall be required to give at least 10 days' notice of the public hearing to the owners of property within 200 feet of the property under application, by certified mail with return receipt, sent to the last known address of the owners of such properties which appear in the last assessment roll filed in the Village Clerk's office. The notice shall be substantially in conformity with the form of the notice which has been approved by the Building and Housing Department. The applicant or his agent shall file the return receipts with the Board of Trustees at or before the time of the public hearing.
[Amended 4-22-2024 by L.L. No. 9-2024]
E.
The notice in Subsection D above shall also be published in at least one official newspaper in the Village of Patchogue at least seven days prior to said hearing.
[Amended 4-22-2024 by L.L. No. 9-2024]
F.
At least 10 days prior to that hearing date, the applicant shall post at least three identical posters not less than eight by 11 inches in size along the entire length of each street frontage of the subject property. Such posters must be placed not more than 200 feet apart along the street line of the property. Each poster shall state the date, time and place at which the public hearing before the Board of Trustees will be held, the description of the property by either metes and bounds or section, lot and block, together with the street address thereof and a synopsis of the relief being requested from the Board of Trustees. The applicant shall file an affidavit of such posting, together with a sample copy of said poster, with the Village Clerk no later than the commencement of the public hearing.
[Amended 4-22-2024 by L.L. No. 9-2024]
G.
Those persons to whom notice shall be required hereunder shall be the owners of property within a two-hundred-foot radius of the perimeter of the subject premises as such owners are shown upon the records of the Assessor of the Village of Patchogue at the time of the filing of the petition. In the event that the petitioner owns or has an interest in property contiguous to the property which is the subject of the application, such distance shall be measured from the perimeter of such contiguous property.
H.
(Reserved)[1]
[Amended 4-22-2024 by L.L. No. 9-2024]
[1]
Editor's Note: Original § 93-54.1, Public notice, added 7-28-1980 by L.L. No. 8-1990, which followed this section, was repealed 9-10-1984 by L.L. No. 13-1984. Original § 93-55, Review and report of Planning Board, which followed this section, was repealed 12-23-1974 by L.L. No. 20-1974.
§ 435-72 Referral to and procedure before Planning Board.
[Added 7-28-1980 by L.L. No. 8-1980]
Prior to the holding of any public hearing by the Board of Trustees in connection with any petition or application made to such Board pursuant to or subject to the provisions of this article, such petition shall first be referred to the Planning Board, which shall proceed as follows:
A.
As soon as possible after the referral of said petition to the Planning Board, said Board shall hold a public hearing.
C.
Upon such public hearing, the applicant or his representative shall appear to be questioned by the Board and any other interested parties. All interested parties shall be permitted reasonable opportunity to make statements to the Board in connection with the application or to offer testimony or other evidence in connection therewith.
D.
As soon as possible after the conclusion of said public hearing, the Planning Board shall issue to the Board of Trustees a written report recommending either the approval or the denial of the petition and setting forth, in detail, recommendations for the approval of modification of the proposed site plan submitted pursuant to Article XIII of this chapter. In making such recommendations in connection with the site plan, the Planning Board shall consider all of the items referred to in § 435-83B hereof.
§ 435-73 Restrictive covenants.
[Amended 6-10-1985 by L.L. No. 10-1985]
Whenever the Board of Trustees, as a condition for the granting of an application for change of use district classification, requires a restrictive covenant to be imposed upon the subject property, such restrictive covenant must be filed in the office of the Village Clerk not later than 90 days from the date the applicant was notified of the granting of the change in use district classification by the Village Clerk, except that the Board of Trustees may extend the time for filing a restrictive covenant upon good cause, upon written application. Failure to file said restrictive covenant with the Village Clerk within the stipulated period of time shall render the granting of the change ineffective and null and void.
§ 435-74 Amendment or cancellation of restrictive covenants.
[Added 6-10-1985 by L.L. No. 10-1985]
A.
The Board of Trustees may, from time to time, on its own motion or on application, amend or cancel any covenant imposed on any real property in connection with any determination made by said Board of Trustees.
B.
An application for such relief shall be made by petition to the Board of Trustees and shall state the following:
(1)
The name and address of the petitioner.
(2)
A true copy of the declaration of covenants to which the petition is addressed, which copy shall include the liber and page and date upon which the declaration was recorded with the Suffolk County Clerk. It shall further include the full legal description annexed to said declaration.
(3)
The relief requested.
(4)
The applicant's reasons for the petition.
C.
The Board of Trustees shall fix the time and place of the public hearing thereon and shall give notice thereof by publishing the same in a newspaper of general circulation in the Village which shall have been designated by the Board of Trustees for such purpose.
D.
At least 10 days prior to said public hearing, the applicant shall mail notice thereof by certified mail, return receipt requested, to the owner of every parcel of real property within a two-hundred-foot radius of the perimeter of the subject premises as such owners are shown upon the last assessment roll filed in the Village Clerk's office. In the event that the applicant owns or has an interest in property contiguous to the property which is the subject of the application, such distance shall be measured from the perimeter of such contiguous property.
E.
The following shall be submitted and filed with the Village Clerk:
(1)
Original and nine copies of the petition.
(2)
Ten copies of a diagram, drawn to scale showing the dimensions of the property described in the petition.
(3)
A copy of the notice of public hearing.
(4)
A list containing the names and addresses of the real property owners to whom notices were sent.
(5)
An affidavit of the timely mailing of said notice of public hearing.
(6)
All return receipts.