Purpose.
The purpose of this article is to allow for amendment to this code by petition of a property owner, resolution by the Development Board or upon the Board of Trustees' own initiative, whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure of this article.
Initiation and application.
The Board of Trustees, from time to time, may amend this code, including the official Zoning Map, pursuant to the provisions of this article, upon its own motion, or petition by one or more property owners (petitioner(s)), or by resolution of the Development Board that requests a specific amendment of this code. A property owner may apply for amendment to this code by filing a written request with the Village Clerk. The application shall include a petition requesting the Board of Trustees to amend a particular provision or provisions of this code and/or the Zoning Map, a description of the requested amendment, identification and description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof, and the applicable filing fee. In the case of a requested amendment that does not apply to an amendment of the Zoning Map or otherwise affecting specific properties, no properties need be identified as affected.
Referral to Development Board.
Should the Board of Trustees decide to consider with the requested amendment, the Board of Trustees shall refer it to the Development Board for a recommendation. No action shall be taken on the requested amendment referred to the Development Board until its recommendation, in writing, has been received by the Board of Trustees, or 30 days have elapsed after such referral has been made, unless the Development Board and Board of Trustees agree to an extension beyond the thirty-day requirement for the Development Board's review and recommendation. The Board of Trustees shall consider the Development Board's recommendation.
Consistency with Local Waterfront Revitalization Plan.
The Board of Trustees, in deliberating on whether to adopt a proposed amendment to this code, including but not limited to a proposed rezoning of a parcel or parcels of property or any modification to the Zoning Map, shall consider the proposed amendment in relation to the goals and objectives of the LWRP and the Comprehensive Plan and shall only adopt the proposed amendment if it is consistent and in accordance with the goals and objectives of the Village Comprehensive Plan and LWRP.
Public hearing and notice.
No proposed amendment shall become effective until after a public hearing thereon at which members of the public shall have an opportunity to be heard on the proposed amendment. The Board of Trustees shall set, by resolution at a duly called meeting, the time and place for a public hearing on proposed amendments and shall cause public notice to be published, posted and circulated as set forth below. If a proposed amendment is initiated by petition, the petitioner(s) shall be responsible for the costs of publication and circulation of notice.
A. The notice of hearing shall comply with the requirements as set forth in §
106-20.
B. Notice to adjacent municipalities. Pursuant to Article 12B, § 239-I, of the General Municipal Law, written notice of any proposed amendment affecting property within 500 feet of an adjacent municipality shall be served in person or by mail upon the Clerk of such municipality at least 10 days prior to the date of public hearing. Representatives of neighboring municipalities receiving notification of a proposed amendment shall have the right to appear and be heard at the public hearing thereon.
Adoption.
The Board of Trustees may adopt amendments to this code by a majority vote of its membership, except in the case of local protest or, with respect to such amendments affecting the portion of the Village in Essex County, a recommendation of modification or disapproval by the Essex County Planning Board.
A. Local protest. A majority plus one vote of all Board of Trustees members shall be required for passage of any amendment which is subject to a written protest signed and acknowledged by the owners of land comprising 20% or more of land area in any of the following areas:
(1) The land area included in the proposed amendment;
(2) The land area immediately adjacent to the area proposed to be changed and extending 100 feet therefrom; or
(3) The land area directly opposite the area proposed to be changed and extending 100 feet from the road frontage of such oppositeland.
B. Essex County disapproval. Pursuant to General Municipal Law § 239-m(5), if the Essex County Planning Board recommends modification or disapproval of a proposed amendment, a majority plus one vote of all Board of Trustees members shall be required for passage of the amendment.
Notification.
The Board of Trustees shall send notice of its decision regarding the proposed amendment and a copy of the actual amendment to the person(s) petitioning for the amendment to the Director, who shall distribute it to the Development Board, Essex County Planning Board, and the Adirondack Park Agency, as appropriate.
Effect on projects approved prior to amendment.
Where a permit or approval has been lawfully issued for a project and such project would be rendered nonconforming by an amendment of this code, such project shall have the right to be completed pursuant to the provisions in effect when the project permit was issued only if, in the case of a project primarily involving a building, the foundation has been completed prior to the effective date of the amendment and, in the case of a project not primarily involving a building, construction or site preparation has been completed prior to the effective date of the amendment.
Effective date of amendments.
Unless the amendment provides for a different effective date, each amendment adopted by the Board of Trustees shall take effect when filed with the Secretary of State of the State of New York pursuant to the Municipal Home Rule Law of the State of New York.
