Section 264. Adoption of zoning regulations  


Latest version.
  • 1. Method of procedure. The
      town board shall provide for  the  manner  in  which  such  regulations,
      restrictions   and  the  boundaries  of  such  districts  including  any
      amendments  thereto  shall  be  determined,  established  and  enforced.
      However,  no  such  regulations, restrictions or boundaries shall become
      effective until after a public hearing in relation thereto, at which the
      public shall have an opportunity to be heard. At least ten days'  notice
      of  the  time and place of such hearing shall be published in a paper of
      general circulation in such town.
        Every zoning ordinance and  every  amendment  to  a  zoning  ordinance
      (excluding  any  map  incorporated  therein)  adopted  pursuant  to  the
      provisions of this chapter shall be entered in the minutes of  the  town
      board;  such  minutes  shall  describe  and  refer to any map adopted in
      connection with such zoning ordinance or amendment and a  copy,  summary
      or abstract thereof (exclusive of any map incorporated therein) shall be
      published  once in a newspaper published in the town, if any, or in such
      newspaper published in the county in which  such  town  may  be  located
      having  a circulation in such town, as the town board may designate, and
      affidavits of the publication thereof  shall  be  filed  with  the  town
      clerk. Such ordinance shall take effect ten days after such publication,
      but  such  ordinance or amendment shall take effect from the date of its
      service as against a person  served  personally  with  a  copy  thereof,
      certified  by  the  town clerk under the corporate seal of the town; and
      showing the date of its passage and entry in the minutes.    Every  town
      clerk  shall  maintain  a  separate  file or filing cabinet for each and
      every map adopted in connection with a zoning ordinance or amendment and
      shall file therein every such map hereafter adopted; said file or filing
      cabinet to be available at any time during regular  business  hours  for
      public inspection.
        2.  Service  of written notice. At least ten days prior to the date of
      the  public  hearing,  written  notice  of  any  proposed   regulations,
      restrictions  or  boundaries of such districts, including any amendments
      thereto, affecting property within five hundred feet  of  the  following
      shall  be  served  personally or by mail by the town upon each person or
      persons listed below:
        (a) The property of the housing authority erecting or owning a housing
      project authorized under the public  housing  law;  upon  the  executive
      director  of  such  housing authority and the chief executive officer of
      the municipality providing financial assistance thereto.
        (b) The boundary of a city, village or town; upon the clerk thereof.
        (c) The boundary  of  a  county;  upon  the  clerk  of  the  board  of
      supervisors or other person performing like duties.
        (d)  The  boundary of a state park or parkway; upon the regional state
      park commission having jurisdiction over such state park or parkway.
        3. Additional requirements.  The  procedural  requirements  set  forth
      herein  shall  be  in  addition to the requirements of the provisions of
      sections two hundred thirty-nine-l and two hundred thirty-nine-m of  the
      general  municipal  law relating to review by a county planning board or
      agency or  regional  planning  council;  the  provisions  of  the  state
      environmental   quality   review   act   under   article  eight  of  the
      environmental conservation law and its  implementing  regulations  which
      are  codified  in  title  six part six hundred seventeen of the New York
      codes, rules and regulations and any other general laws relating to land
      use and any amendments thereto.
        4. Public hearing. The public, including those served notice  pursuant
      to  subdivision  two  of  this  section, shall have an opportunity to be
      heard at the public hearing. Those parties set forth in paragraphs  (a),
    
      (b),  (c) and (d) of subdivision two of this section, however, shall not
      have the right of review by a court as hereinafter provided.