Wilson Town City Zoning Code
ARTICLE X
Amendments
§ 127-59 Town Board to amend zoning.
The Town Board may, from time to time, amend, supplement, change, modify or repeal the provisions of this chapter, including the Zoning Map and Zoning Schedule attached hereto, in the manner specified in the Town Law. (The Zoning Map and Zoning Schedule are on file in the office of the Town Clerk.)
§ 127-60 Initiation of proposed amendments.
A proposed amendment to or change of this chapter may be initiated by motion of the Town Board or by recommendation of the Planning Board to the Town Board or by petition of a property owner to the Town Board in accordance with § 127-61.
§ 127-61 Petition to Town Board.
A.
A petition for amendment of this chapter may be presented to the Town Board by the owner of any property in the Town who desires a change in the provisions of this chapter affecting his property and/or related property.
B.
Such petition shall be accompanied by a proposed amendment to the chapter in a form compatible with the form of the chapter and satisfactory to the Town Attorney.
C.
If the change is in the Zoning Map, the amendment shall read as follows: "The Zoning Map of the Town of Wilson attached to the Zoning Ordinance and made a part thereof by § 127-8 of that chapter is hereby amended by changing from (list present zoning district or districts) to (list proposed zoning district) of that land described as follows . . . , such land being further described and bounded by a map accompanying this amendment and hereby made a part thereof."
D.
The required map shall be drawn to scale and shall give scale and North point, the names of all streets and all related property lines. Existing zoning shall be shown in blue and proposed changes shall be outlined and designated in red.
E.
If the change is in the Zoning Schedule,[1] the amendment shall read as follows: "The Zoning Schedule of the Town of Wilson attached to the Zoning Ordinance and made a part thereof by § 127-9 of that chapter is hereby amended by changing (list present permitted use; special permit use; lot, yard or greenbelt requirements) in the (list district) to (list proposed permitted use, special permit use; lot, yard or greenbelt requirements)."
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
F.
When a proposed amendment or change is initiated by petition, the expenses of advertising a notice of a public hearing of such proposal shall be paid by the petitioner.
§ 127-62 Referral to Planning Board; report.
Every such proposed amendment initiated by motion of the Town Board or by petition of a property owner shall be referred by the Town Board to the Planning Board for a report and recommendation thereon before a public hearing is conducted by the Town Board pursuant to the provisions of this article. The Planning Board shall submit its report and recommendation to the Town Board not more than 60 days after the first meeting of the Planning Board held subsequent to such referral unless, within such 60 days, such proposal shall be withdrawn or amended or the Planning Board shall determine that, by reason of the complexity of the questions presented or like considerations, an additional period of time, not exceeding 30 days, is reasonably required for the proper disposition thereof. If the Planning Board shall not have submitted its report and recommendation within such 60 days or requested an additional period of not exceeding 30 days, the Town Board, in its discretion, may proceed to final consideration of the proposal.
§ 127-63 Contents of report and recommendations.
In recommending the adoption of any proposed amendment or change, the Planning Board shall report to the Town Board the reasons for such recommendation, describing any change in conditions that the Planning Board believes warrant the amendment or change, its relation to the Master Plan and the effect of the proposed amendment or change on the established pattern of this chapter. If the Planning Board recommends against the adoption of a proposed amendment or change, it shall include in its report a statement of its reasons for such disapproval.
§ 127-64 Public hearing.
The Town Board shall hold a public hearing, following publication of a notice thereof as required by law, on each proposed amendment or change.
§ 127-65 Notice of public hearing.
A.
Each notice of public hearing shall state the general nature of the proposed amendment or change, as well as the text thereof. In the instance of a map or schedule change, the map or schedule need not be published but shall be placed on display at the office of the Town Clerk and suitable reference made thereto in the notice.
B.
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 Niagara Frontier State Park Commission at least 10 days prior to the date of such public hearing.
C.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, town or County shall be given to the Clerk of such municipality and to the Clerk of the Niagara County Legislature at least 10 days prior to the date of such hearing.
§ 127-66 Petition to protest.
In case of a protest against such amendment 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 four or more Town Board members.