§ 85-87. Procedure on motion of Town Board.

Whenever the Town Board, on its own motion or upon recommendation of the Department of Planning, Environmental Protection, and Land Management, shall consider any change of zoning classification, the resolution setting a date for a public hearing shall contain a clause requiring that the owners of all property within the boundaries of the property proposed to be changed in zoning classification and all property owners immediately adjacent and directly opposite thereto for a distance of 500 feet from the perimeter of the property proposed to be changed in zoning classification be notified of the proposed change, except as hereinafter provided. Said notice shall be sent by either certified mail or registered mail, return receipt requested, to such owner at the address shown on the current Brookhaven Town assessment roll and shall be mailed to such owner at least 10 days prior to the public hearing. Said notice shall contain a description sufficient to identify the property which is proposed to be changed in zoning classification, together with information substantially similar to that required by § 85-85A of this chapter. In the following enumerated cases, the notice required by this section shall not be required:

A. 

In the event that the area of the proposed change of zone represents 50% or more of the property contained within the bounds of a school district within the Town of Brookhaven.

B. 

In the event that the area of the proposed change of zone exceeds 50 acres.

C. 

In the event that the proposed changes are in conformance with the goals of a comprehensive land use plan.

D. 

In all other cases where the Town Board of the Town of Brookhaven shall determine that the notice required by this article shall be dispensed with.