Wales City Zoning Code
ARTICLE XI
Amendments
§ 200-70 Power to amend provisions.
The Town Board may, from time to time on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.
§ 200-71 Procedure.
A.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
(1)
A notice, at least 10 days prior to the time and place of such hearing, shall be published in a newspaper of general circulation in the Town.
(2)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of the Town of Wales shall be given to the Clerk of such municipality and to the County Clerk at least 10 days prior to the date of such hearing.
(3)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the Regional State Park Commission having jurisdiction over such state park or parkway at least 10 days prior to the date of such hearings.
B.
In case, however, of a protest against such change signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Town Board.
§ 200-72 Zoning Map amendments.
Before approving any amendment of the Zoning Map so as to create a new or enlarged B or M District, the Town Board may require the submittal of development plans including the location and character of proposed structures and conditions of use for the premises concerned, and in approving any such amendment, the Town Board may specify that no building permit or certificate of occupancy may be issued with respect to said premises under the amended district classification except in accordance with said plans and conditions of use as submitted or as revised to meet the requirements of the Town Board in furthering the purposes of this chapter. At the end of six months from the date when it became effective, any zoning amendment which has been approved subject to conformity with development plans and conditions of use shall be nullified, and the zoning classification of the premises affected shall revert to that which applied immediately before such amendment unless within such period of six months an application for a building permit covering the approved structures has been duly filed. The Town Board may require a performance bond to assure that a project which has been approved subject to conformity with development plans will, if started, be either completed within a reasonable time limit or abandoned and the premises returned to their previous condition.