Village Of Saugerties
City Zoning Code
City Zoning Code
ARTICLE XIV
Amendments
§ 210-61 Authority to amend.
A.
The Village Board of Trustees may from time to time amend, supplement or repeal, in whole or in part, this chapter, including the Zoning Map, subject to the provisions of this article and Village Law. Such amendment shall be adopted by majority vote of the Village Board, except as specified in Subsections B and C hereof, and may be initiated in the following ways:
(1)
By the Village Board or its own motion;
(2)
On the recommendation of the Planning Commission or the Zoning Board of Appeals;
(3)
By the filing of a petition by Village taxpayers or residents, on a form prescribed by the Village Clerk, describing such proposed amendment, accompanied by a fee in accord with a schedule established by the Village Board.
B.
If a duly signed and acknowledged protest against a proposed amendment to this chapter is submitted to the Village Board, by any one of the following, it shall not become effective except by a favorable vote of 3/4 of the members of the Board:
(1)
The owners of 20% or more of the area of the land included in such proposed change; or
(2)
The owners of 20% or more of the land immediately adjacent to such proposed change extending 100 feet therefrom; or
(3)
The owners of 20% or more of the land directly opposite such proposed change extending 100 feet from the street frontage of such opposite land.
§ 210-62 Procedures.
A.
Public hearing. No change in text or zoning district boundary of this chapter shall become effective until after a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.
B.
Newspaper notice of hearing. At least 10 days prior to the date of such public hearing, a notice of the time and place shall appear in the official newspaper of the Village. Such notice shall describe the area, boundaries, regulations, or requirements that such proposed change involves.
[Amended 6-16-2003 by L.L. No. 2-2003]
C.
Referrals. All proposed changes to these zoning regulations or map should be referred to the appropriate body as set forth in § 210-63.
D.
Publication and posting. Every amendment to this chapter, 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 or summaries thereof, exclusive of any map incorporated therein, shall be published once in a newspaper of general circulation in the Village. In addition, a copy of such law or amendment, together with a copy of any map incorporated therein, shall be posted conspicuously at or near the office of the Village Clerk in accordance with Village Law. Affidavits of the publication and posting thereof shall be filed with the Village Clerk.
E.
Effective date. An amendment or change in this chapter shall not take effect until after 10 days following publication and posting in accordance with Subsection D, but if a copy certified by the Village Clerk under the Village Seal, and showing the date of adoption and entry in the minutes, is served personally against a person, such amendment or change shall take effect from the date of such service.
§ 210-63 Referrals.
A.
Referral to the Planning Commission.
(1)
Procedure. All proposed amendments originated by petition or by motion of the Village Board shall be referred to the Planning Commission 30 days prior to the required public hearing for a report and recommendations thereon. If the Planning Commission shall not have made its final report thereon within 30 days of reference thereto, the Board may proceed to final action.
(2)
Planning Commission report. In preparing a report on a proposed amendment, the Planning Commission shall consider the following:
(a)
Whether such change is consistent with the objectives and purposes of the district(s) to be affected.
(b)
The nature and location of uses and buildings to be affected and the manner in which they will be affected.
(c)
Whether uses permitted by the proposed change will be appropriate in the affected area(s).
(d)
The effect of the change on existing or proposed public facilities and services such as schools, streets, utilities, etc.
B.
Referral to the County Planning Board.
(1)
Matters to be referred. Any change in the district classification of, or the regulations applying to, real property lying within a distance of 500 feet of the following shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law. No final action shall be taken within 30 days of such referral unless a response is received sooner.
(a)
The boundary of any other municipality.
(b)
The boundary of any existing or proposed county or state park or other recreation area.
(c)
The right-of-way of any existing or proposed county or state road, parkway, or other controlled access highway.
(d)
The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.
(e)
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
(2)
County Planning Board recommendation. If the Ulster County Planning Board fails to report its recommendations within 30 days after receipt of a full statement of such referred material, the Village Board shall construe such inaction as approval of the proposed zoning action and may act without such a report.
(3)
Effect of negative report. If the Ulster County Planning Board disapproves the proposed amendment, or recommends modification thereof, the proposed amendment shall not become effective except by a vote of a majority plus one of all members of the Village Board and after the adoption of a resolution fully setting forth the reasons for such action.
C.
Referral to adjacent towns. At least 10 days prior to the date of the public hearing, written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of the Village shall be given to the Town Clerk. The town shall have the right to appear and to be heard at such public hearing with respect to any such proposed change or amendment, but shall not have the right of review by a court as provided in Article 78 of the Civil Practice Law and Rules.