Rhinebeck City Zoning Code
ARTICLE XVII
Miscellaneous Provisions
§ 120-65 Severability.
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Village Board of Trustees hereby declares that it would have enacted this chapter or the remainder thereof had the invalidity of such provision or application thereof been apparent.
§ 120-66 Amendments.
This chapter may from time to time be amended. An amendment shall be effected by a simple majority vote of the Village Board of Trustees, or by 3/4 of the members of the Village Board of Trustees in the event that such amendment is the subject of a written protest presented to the Board and signed by:
A.
The owners of 20% or more of the area of land included in such proposed change; or
B.
The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed change, extending 100 feet therefrom; or
C.
The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the lot frontage of such opposite land.
§ 120-67 Amendment procedure.
A.
The Village Board of Trustees shall provide for the manner in which such regulations, restrictions and the boundaries of such districts, including any amendments thereto, shall be determined, established and enforced. However, no such regulations, restrictions or boundaries shall become effective until after a public hearing in relation thereto, at which the public shall have an opportunity to be heard. At least 10 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the Village.
B.
Service of written notice. At least 10 days prior to the date of the public hearing, written notice of any proposed regulations, restrictions or boundaries of such districts, including amendments thereto, affecting property within 500 feet of the following shall be served personally or by mail by the Village upon each person or persons as listed below:
(1)
The property of the housing authority erecting or owning a housing project authorized under the Public Housing Law: upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto.
(2)
The boundary of a city, Village or town: upon the Clerk thereof.
(3)
The boundary of a county: upon the Clerk of the Board of Supervisors or other person performing like duties.
(4)
The boundary of a state park or parkway: upon the regional State Park Commission having jurisdiction over such state park or parkway.
C.
Public hearing. The public, including those served notice pursuant to Subsection B of this section, shall have the opportunity to be heard at the public hearing. Those parties set forth in Subsection B(1), (2), (3) and (4) above, however, shall not have the right of review by a court as hereinafter provided.
D.
Additional requirements. The procedural requirements set forth herein shall be in addition to the requirements of the provisions of §§ 239-l and 239-m of the General Municipal Law relating to review by a county planning agency or regional planning council; the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations which are codified in Part 617 of Title 6 of the New York Codes, Rules and Regulations and any other general laws relating to land use and any amendments thereto.
E.
Filing. Every zoning law and every amendment thereto (excluding any map incorporated therein) adopted 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.
F.
Map. Each Village Clerk shall maintain every map adopted in connection with a zoning local law or amendment.
G.
Effective date. Such local laws shall take effect upon filing in the office of the Secretary of State, but such local laws or amendments shall take effect from their date of service as against a person served personally with a copy thereof, certified by the Village Clerk, and showing the date of passage and entry in the minutes.
§ 120-68 Precedence of more restrictive standards.
Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.