CHANGE OF ZONE INFORMATION &  INSTRUCTIONS

ARTICLE XXIX, Amendments [Amended 5-30-1975 by L.L. No. 3-1975; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by L.L. No. 1-1985; 1-10-1989 by L.L. No. 1-1989]

§ 100-290. Procedures.

The Town Board, upon its own motion or by petition, may, from time to time, amend,

supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner:

A.        The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to the provisions of the Town Law.

B.         The Town Board, before advertising for a public hearing, shall in a written request, instruct the Town Planning Board to prepare an official report defining the conditions described in a petition and to determine the area so affected, with its recommendations.

§ 100-291. Fees. [Amended 11-13-1990 by L.L. No. 26-1990]

Every petition for a change or amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee of one thousand dollars ($1,000.). The fee for a petition for a change of zone to the Affordable Housing District is set forth in § 100-55B(5)(g).

§ 100-292. Notice of proposed change of zone classification.

A.        In the case of a petition requesting a change in zoning district classification, in addition to the notice required by law, a written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a sworn statement shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following information:

(1)        A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification.

(2)        A description of the property which is the subject of such petition.

(3)        The present zone district classification of the property and the proposed zone district classification.

(4)        A statement that within five (5) days the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours.

(5)        A statement that a public hearing with respect to such petition must be held by the Southold Town Board before such change of zone can become effective; that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town newspaper not less than ten (10) days prior to such public hearing.

B.         In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition.

C.        Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition.

D.        In addition to the above notice requirement, prior to holding a public hearing on the rezoning, notice shall be provided pursuant to Chapter 58. [Added 12-27-1995 by L.L. No. 25-1995]