Stockport Town City Zoning Code
ARTICLE X
Amendments; Interpretation; Review
§ 120-84 Amendments authorized.
This chapter, or any part thereof, including the Land Use District Map indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board in the manner provided by §§ 264 and 265 of the Town Law.
§ 120-85 Initiation of amendment.
An amendment to this chapter may be initiated in one of three ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, filed with the Town Clerk, wherein certain changes to or repeal of certain provisions of this chapter are recommended, in which case it shall be the responsibility of the Town Board to act on such proposed amendment within 90 days of the time such resolution is filed by the Planning Board in the office of the Town Clerk.
C.
By petition duly signed and acknowledged from the owners of 50% or more of the frontage in any land use district or part thereof requesting an amendment, supplement or change in the regulations prescribed for such land use district or part thereof, in which case it shall be the duty of the Town Board to act upon such petition for amendment within 90 days of the time such petition is filed by the petitioners in the office of the Town Clerk. Said petition shall be accompanied by the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
§ 120-86 Report of Planning Board.
A.
All proposed amendments, supplements or changes originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and recommendation thereon. In undertaking such review, the Planning Board shall make inquiry and provide recommendation concerning the matters specified below:
(1)
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular land use districts concerned.
(2)
Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected.
(3)
Whether adequate public services and other support facilities exist or can be created to serve the needs of any additional development that may occur as a result of such change.
(4)
The indirect implications of such change in its effect on other regulations.
(5)
Whether such proposed amendment is consistent with the underlying objectives of this chapter and with the adopted Comprehensive Plan.
B.
The Planning Board shall submit its report within 45 days after receiving such referral from the Town Board. Failure of the Planning Board to report within the required time period shall be deemed to be a recommendation of approval of the proposed amendment.
§ 120-87 Town Board procedure.
A.
Public notice and hearing. 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 notice thereof to be given as follows:
(1)
By publishing a notice at least 10 calendar days prior to the time of such hearing in the official newspaper of the Town specifying:
(a)
The nature of the proposed amendment;
(b)
The specific land or land use district affected; and
(c)
The date, time and place where the public hearing shall occur.
(2)
By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of any other municipality to the clerk of such municipality at least 10 calendar days prior to the date of such public hearing.
B.
Required referral. The Town Board shall transmit a full statement of any proposed amendment, whether a map amendment or a text amendment, that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Columbia County Planning Board for its review and recommendation. No action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the County Planning Board or 30 calendar days have elapsed since said Board received such full statement. Further, the Town Board shall notify all adjacent municipalities within 500 feet of the proposed amendment pursuant to Town Law § 239-nn prior to taking any action.
C.
Compliance with SEQR. Proposed amendments are actions subject to the provisions of the New York State Environmental Quality Review Act. Prior to formal consideration and public hearing, the Town Board shall make a determination as to the type of action, lead agency status and environmental significance of the proposed amendment in accordance with Article 8 of the Environmental Conservation Law and Title 6, Part 617, of the New York Codes, Rules and Regulations.
D.
Town Board action. The Town Board may approve any such proposed amendment by a simple majority vote of said Board, except that a favorable vote of at least four members of the Town Board, i.e., a majority plus one, shall be required if:
(1)
Action being taken is contrary to the advisory recommendation received from the Columbia County Planning Board under the provisions of §§ 239-l and 239-m of the General Municipal Law; or
(2)
In accordance with the provisions of § 265 of the Town Law, a protest petition against such amendment has been duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed change; or 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 the owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
§ 120-88 Construal of provisions.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of this chapter are inconsistent with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the more restrictive provisions or those imposing the higher standards shall govern.
§ 120-89 Effect of existing violations.
No site plan or special permit shall be approved, no building permit or certificate of occupancy issued or variance granted under this chapter for any premises upon which there is an existing violation of this chapter or any related Town, county or state regulation governing either building construction or the use of land and structures within the Town of Stockport. This limitation does not, however, prohibit such an approval, issuance or grant with respect to a legal nonconforming use or legal noncomplying structure.
§ 120-90 Periodic review required.
From time to time, at intervals of not more than five years, the Planning Board shall conduct a review of the effectiveness of the provisions of this chapter, including the location of land use district boundaries, and shall submit a report thereon to the Town Board recommending such changes or amendments, if any, which may be desirable in the interest of the public health, safety, convenience, necessity or welfare.