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Valatie City Zoning Code

ARTICLE IX

Amendments

§ 345-48 Procedure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Village Board may from time to time, on its own motion or on petition or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendments of the regulations or districts herein established shall be filed in writing in a form required by the Village Board and shall be accompanied by a certified check in the amount established by resolution of the Board of Trustees to help defray the cost of advertising the hearing on said petition and incidental disbursements.

§ 345-49 Advisory report by Planning Board.

Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Village Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Village Board, the Village Board may act without such report.

§ 345-50 Public notice and hearing.

The Village Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A. 
By publishing a notice of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the Village not less than 10 days prior to the date of public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
By giving written notice of hearing, to any required municipal, county, regional, metropolitan, state or federal agency in the manner prescribed by law.

§ 345-51 Protest by owners.

[Amended 4-22-1980 by L.L. No. 17-1980]
If a protest against the proposed amendment is presented to the Village Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by 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, such amendment shall not be passed except by the favorable vote of at least 2/3 of the members of the Village Board.

§ 345-52 Changes by Planning Board.

[Amended 4-22-1980 by L.L. No. 17-1980]
The Planning Board, in accordance with the Village Law, § 7-738, simultaneously with the approval of any plat, may modify applicable provisions of this chapter with respect to the land so platted subject to conditions specified in § 7-738 of the Village Law. Before the Planning Board shall make any such change, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. Once the plat is filed in the office of the County Clerk, such changes shall be and become part of the regulations of this chapter, shall take the place of any regulations established herein by the Village Board, shall be enforced in the same manner and shall be similarly subject to amendment.

§ 345-53 Publication and posting.

Every amendment to the Zoning Ordinance, including any map incorporated therein, adopted in accordance with the Village Law shall be entered in the minutes of the Village Board, and a copy thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper of the Village, and a copy of such amendment, together with a copy 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.