Tuxedo City Zoning Code
ARTICLE XVI
Amendments
§ 98-90 Amendment procedures.
A.
This Zoning Chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Town Board on its own motion or upon petition or upon recommendation by the Planning Board. Prior to a public hearing, every such proposed amendment shall be referred by the Town Board to the Planning Board for a report. The Town Board shall not take action on any such amendment without such report from the Planning Board unless the Planning Board fails for any reason to render such report within 45 days following the date of such referral.
B.
Report of the Planning Board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text of the Zoning Chapter:
(a)
Whether such change is consistent with the aims and principles embodied in the Zoning Chapter as to the particular districts concerned.
(b)
Which areas, land uses, buildings and establishments in the Town will be directly affected by such change and in what way they will be affected.
(c)
The indirect implications of such change in its effect on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Town.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and other public facilities and services, including roads, exist or can be created to serve the needs of any additional residences or other uses likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with any existing, proposed or pending plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the Town as envisaged by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to result in an increase or decrease in the total residential capacity of the Town and the probable effect thereof.
C.
On petition, duly signed and acknowledged, of the owners of 50% or more of the area requesting amendment, change or modification of the regulations, including to the Zoning Map, the Town Board shall hold a public hearing on such proposal in the manner set forth in this article. Each petition for a zoning amendment shall be accompanied by a fee in accordance with the Standard Schedule of Fees of the Town of Tuxedo as may be adopted from time to time by the Town Board.
D.
By resolution adopted at a meeting of the Town Board, the Town Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with provisions of Section 264 of Article 16 of the Town Law. All notices of public hearings shall specify the nature of any proposed amendment, the land or district affected and the date when and the place where the public hearing will be held. At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper.
E.
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 any amendments thereto, affecting property within 500 feet of the following shall be served personally or by mail by the Town upon each person or persons 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.
F.
If any proposed amendment consists of or includes any of the following conditions, the Town Clerk shall, prior to final action, refer the proposed amendment to the Orange County Planning Department:
(1)
Any change in the district classification of or the regulations applying to real property abutting:
(a)
The boundary of any village or town.
(b)
The boundary of any state or county park or other recreation area.
(c)
The right-of-way of any state parkway, thruway, expressway or other controlled-access highway or county road or parkway.
(d)
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(e)
The boundary of any county- or state-owned land on which a public building or institution is located.
G.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of Section 265 of Article 16 of the Town Law.
H.
Every Zoning Chapter and every amendment to the same (excluding any map incorporated therein) adopted pursuant to the provisions herein shall be entered in the minutes of the Town Board; such minutes shall describe and refer to any map adopted in connection with such zoning ordinance or amendment and a copy, summary or abstract thereof (exclusive of any map incorporated therein) shall be published once in the official newspaper of the Town, and affidavits of the publication thereof shall be filed with the Town Clerk. Such amendments to the law and Zoning Map shall take effect upon filing with the Secretary of State.
I.
The Town Clerk shall maintain a separate file or filing cabinet for each and every map adopted in connection with a zoning regulations or amendment and shall file therein every such map hereafter adopted; said file or filing cabinet to be available at any time during regular business hours for public inspection.