ARTICLE 20
ORDINANCE AMENDMENTS
SECTION 20.01 INITIATION OF AMENDMENTS
The Schuyler Town Board may, from time to
time, amend, modify, supplement or revise the provisions of this Ordinance and
the zoning district boundaries shown on the Official Zoning Map referred to in
this Ordinance, after public notice and hearing. Amendments to the provisions of this ordinance may be initiated
by the Town Board, the Planning Board or by petition of one or more residents
or property owners of the Town. An amendment to the zoning district boundaries
contained on the Official Zoning Map may be initiated by the Town Board, the
Planning Board or by the owner or owners of property which is the subject of
the proposed amendment. All proposed
amendments to the provisions of this Ordinance and the Official Zoning Map
shall be referred to the Planning Board for recommendation, which will be
forwarded to the Town Board prior to public hearing and consideration.
SECTION 20.02 APPLICATION PROCEDURE
An amendment to this Ordinance or the
Official Zoning Map, except those initiated by the Town Board or Planning
Board, shall be initiated by submission of a completed application on a form
supplied by the Town, including an application fee, which will be established
from time to time by resolution of the Town Board.
For an amendment to the Official Zoning Map,
the following information shall accompany the application form:
1. A legal description,
street address and county tax map number of the subject property, together with
a map identifying the subject property in relation to surrounding properties.
2. The name and address of
the owner of the subject property, and a statement of the applicant's interest
in the subject property if not the owner in fee simple title.
3. The existing and
proposed zoning district designation of the subject property.
4. A written description of
how the requested rezoning meets the criteria outlined in Section 20.04.
For an amendment to the Zoning Ordinance,
the following information shall accompany the application form:
1. A general written
description of the proposed amendment, including a statement addressing how the
amendment meets the criteria outlined in Section 20.05.
If requested by
the Town Board or the Planning Board, an Environmental Impact Statement (EIS)
in accordance with the New York State Environmental Quality Review Act (SEQRA)
shall be submitted for any proposed amendment to the Zoning Ordinance or the Official Zoning Map.
SECTION 20.03 AMENDMENT PROCEDURE; PUBLIC HEARING AND NOTICE
1. Upon initiation of an
amendment, a work session to consider the proposed amendment shall be scheduled
before the Planning Board.
2. The Planning Board shall
identify and evaluate all factors relevant to the petition and shall report its
findings and recommendation to the Town Board.
In the case of an
amendment to the Official Zoning Map, the Planning Board shall consider the
criteria contained in Section 20.04 below, in making its finding and
recommendation.
3. Following receipt of the
findings and recommendation of the Planning Board, the Town Board shall conduct
a public Hearing and consider the proposed amendment. In the case of an amendment to the text of this Ordinance, the
Town Board may modify or revise the proposed amendment prior to enactment. In the case of an amendment to the Official
Zoning Map, the Town Board shall approve or deny the amendment, based on its
consideration of the criteria contained in Section 20.04 below.
SECTION 20.04 CRITERIA FOR AMENDMENT TO THE
OFFICIAL ZONING MAP
In considering any petition for an amendment
to the Official Zoning Map, the Planning Board and Town Board shall consider
the following criteria in making its findings, recommendations and decision:
A. Consistency with recent
development trends in the area shall be considered.
B. Compatibility of the
site's physical, geological, hydrological and other environmental features with
the list of uses permitted in the proposed zoning district.
C. Evidence the applicant
cannot receive a reasonable return on investment through developing the
property with one of the uses permitted under the current zoning.
D. The compatibility of all
the potential uses allowed in the proposed zoning district with surrounding uses
and zoning in terms of land suitability, impacts on the environment, density,
nature of use, traffic impacts, aesthetics, infrastructure and potential
influence on property values.
E. The capacity of utilities
and Town services sufficient to accommodate the uses permitted in the requested
district without compromising the "health, safety and welfare" of the
Town.
F. The capability of the
street system to safely and efficiently accommodate the expected traffic
generated by uses permitted in the requested zoning district.
G. The apparent demand for
the types of uses permitted in the requested zoning district in the Town in
relation to the amount of land in the Town currently zoned and available to
accommodate the demand.
H. The boundaries of the
requested rezoning district are reasonable in relationship to the surroundings
and construction on the site will meet the dimensional regulations for the
zoning district listed in the appropriate Schedule of Regulations.
I. If a rezoning is
appropriate, is there a zoning classification for the property which is more
appropriate, from the Town's perspective, than the zoning district requested.
J. If the request is for a
specific use, is rezoning the land more appropriate than amending the list of
permitted or special uses in the current zoning district to allow the use?
K. The requested rezoning
will not create an isolated and unplanned spot zone.
L. The request has not
previously been submitted within the past one (1) year, unless conditions have
changed or new information has been provided.
M. Other factors deemed
appropriate by the Planning Board and Town Board.
SECTION 20.05 CRITERIA FOR AMENDMENTS TO THE
ZONING ORDINANCE TEXT
The Planning Board and Town Board shall
consider the following criteria for initiating amendments to the Zoning
Ordinance text or responding to a petitioner's request to amend the ordinance
text:
A. The proposed amendment
would correct an error in the Ordinance.
B. The proposed amendment
would clarify the intent of the Ordinance.
C. Documentation has been
provided from Town Staff or the Zoning Board of Appeals indicating problems and
conflicts in implementation or interpretation of specific sections of the
Ordinance.
D. The proposed amendment
would address potential legal issues or administrative problems with the Zoning
Ordinance based on recent case law in New York State.
E. The proposed amendment
would promote compliance with changes in other Town Ordinances and County,
State or Federal regulations.
F. The proposed amendment
is supported by the findings of reports, studies or other documentation on
functional requirements, contemporary building practices, environmental
requirements and similar technical items.
G. Other criteria as
determined by the Planning Board or Town Board which would protect the health
and safety of the public, protect public and private investment in the Town and
enhance the overall quality of life in the Town of Schuyler.