Pleasant Valley Town
City Zoning Code
City Zoning Code
ARTICLE IX
Amendments
§ 98-100 Jurisdiction.
The Town Board may from time to time on its own motion or on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.
§ 98-101 Notice and referrals.
Each proposed amendment or change initiated by the Town Board, other than those in substance originating as recommendations of the Planning Board, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. The Planning Board shall report within 45 calender days after receiving such request from the Town Board. Failure of the Planning Board to report within the required time period shall be deemed a recommendation of approval of the proposed amendment. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notices and referrals to be given as follows:
A.
Notice of hearing. A notice of the time and place of such hearing shall be given in the official paper at least 10 days prior to the date thereof.
B.
Notice to state commissions. 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 agency having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.
C.
Notice to adjacent towns. A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any other town shall be given to the Clerk of such municipality at least 10 days prior to the date of such hearing.
D.
Referral to Dutchess County Department of Planning and Development. The Town Board shall comply with General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended, by referring to the Dutchess County Department of Planning and Development certain proposed amendments before final action is taken.
E.
For zoning amendments affecting one or more distinct parcels, at least 10 days prior to the initial public hearing, the owner or applicant shall post one or more signs giving notice of the public hearing. A sign shall be prominently displayed within 25 feet of each property line having frontage on a road or highway, so that it is clearly visible to the public from such road or highway. The sign(s) shall be furnished to the applicant for this purpose by the Town. Broad zoning amendments, such as those affecting entire zoning districts, shall not be subject to this requirement.
[Added 7-17-2023 by L.L. No. 4-2023]
§ 98-102 Protests.
In case 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 of that immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto extending 100 feet from the road 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.