As the legislative body for the Town of Union, the final determination regarding all rezoning applications rests with the Town Board.
The procedures for amendments to the zoning map are outlined in §205-96 A. (2) of the Code of the Town of Union. In general terms, amendments to the map can be initiated by:
• The Town Board, on its own motion
• By a recommendation of the Town Planning Board
• By petition of one or more property owners (or their agents)
The number of votes required to adopt amendments to the Zoning map is usually a simple majority (3) of the members of the Town Board. However, if either of the following two conditions exist the required number of votes required is four (4):
1. The County Planning Department has reviewed the application under General Municipal Law §239-m and recommended denial of the application
2. The proposed zoning change is the subject of a written protest, presented to the town board and signed by:
a) the owners of twenty percent or more of the area of land included in such proposed change; or
b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or
c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage.
If the Town Board determines that it wishes to consider a request for a change in zoning, a Public Hearing is required.
A notice of the Public Hearing will be placed in the Legal Notice section of the Press & Sun Bulletin at least ten (10) days prior to the date of the hearing. Signs will also be placed on each property that is the subject of a rezoning request notifying the public of the date and time of the Public Hearing. Written notices will be mailed to property owners within 500 feet of the subject parcels.
Yes. Once Town Board determines that it will consider a change in zoning, the request will be referred to the Planning Board for an advisory opinion.