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 Oneonta, Town
 Code of Ordinances
 Chapter 103. Zoning
 Article XIX. Amendment Procedures

  § 103-89. Modification of zoning regulations in approving plats.  

Latest version.
  • The Town Planning Board is hereby authorized to modify applicable provisions of this chapter simultaneously with the approval of a subdivision plat or plats. Such authorization shall only apply to subdivision plats for land shown on the Town of Oneonta Official Zoning Map as being included in R-80 Residential-Agricultural, RA-40 Residential-Agricultural and R-20 and R-10 Residence Districts. This authorization is intended to enable and encourage flexibility of design and development of land, to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands. Such authorization shall be subject to the following conditions:
    A. 
    If the owner or subdivider of the land being subdivided desires this modification, he shall make application to the Planning Board at the same time as applying for subdivision approval in accordance with the Town of Oneonta subdivision regulations.
    B. 
    The Planning Board, before modifying such requirements, shall find that such modification would be consistent with the intent of this authorization, in conformance with the intent of the Master Plan and, in the Board's judgment, beneficial to the interest of the town and the neighborhood in which the subdivision is located.
    C. 
    The application of this procedure shall result in a permitted number of building lots or dwelling units which in no case shall exceed the number which in the Board's judgment could be permitted if the land were subdivided in conformance with the minimum lot area requirements applicable to the district in which the subdivision is to be located.
    D. 
    If as a result of this procedure lands are made available for common open space or public use, such lands shall be clearly indicated on the subdivision plat and subject to the requirements for maintenance, ownership or dedication set forth in the town subdivision regulations.
    Editor's Note: See Ch. 88, Subdivision of Land.
    E. 
    The Planning Board shall hold a public hearing upon the application for modification of zoning requirements prior to the approval thereof, and such hearing may be held simultaneously with the hearing upon the preliminary subdivision plat.
    F. 
    Upon the filing of the plat in the office of the Otsego County Clerk, a copy shall be filed with the Oneonta Town Clerk, who shall make appropriate notations and references thereto in the Zoning Ordinance Map.
    Editor's Note: A copy of the Zoning Map is included in a pocket at the end of this volume.
    G. 
    The provisions of this section shall not be deemed to authorize a change in the permissible use of land as provided elsewhere in this chapter.
    H. 
    The requirements for lot size, lot coverage by buildings, front yard depth, side yard depth and rear yard depth may be reduced by no more than 30% of the appropriate regulations. The requirement for frontage may be reduced by no more than 50%.
    [Added 2-12-1992 by L.L. No. 5-1992]
Amended 1-22-1986 by L.L. No. 1-1986