Chili City Zoning Code
ARTICLE X
Amendments
§ 500-77 Purpose.
This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure of this article.
§ 500-78 Initiation of amendments.
§ 500-79 Application procedure.
A property owner(s) or his agent(s) may initiate a request for an amendment to this chapter by filing an application with the Building Department using forms prescribed pursuant to § 500-84. Such application shall be accompanied by a legal description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof and a filing fee as required in § 500-85, no part of which is returnable.
§ 500-80 Hearings.
There shall be held at least two public hearings, one by the Planning Board and one by the Town Board, before an amendment or planned unit development zoning is permitted. Notice of said hearing, for each Board, shall be as provided in § 500-86.
A.
Hearing before the Planning Board. The Planning Board shall hold a public hearing and shall make a report of its findings and recommendations on amendments within 60 days or within 45 days for planned unit development zoning after a complete application has been filed with the Planning Board, provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Board to so report within the stipulated time period, without the aforesaid agreement, shall be deemed to be disapproval by the Planning Board. If the Planning Board deems it advisable, it may recommend that the area under consideration for amendment be enlarged or diminished or be reclassified to a district other than the district originally initiated. Upon the consent of the Planning Board, any request may be withdrawn upon the written application of a majority of all persons who signed such petition. The Town Board or Planning Board may by resolution abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.
B.
Hearing before the Town Board. In no case shall any amendment or change be finally considered by the Town Board until the provisions of Subsection A have been met. Upon receipt of such report from the Planning Board or upon the expiration of such 60 days (45 days for planned unit development zoning), as aforesaid, the Town Board shall set the matter for public hearing as required. The Town Board shall render its decision within the stipulated time period after the receipt of the report and recommendations of the Planning Board or after the expiration of such 60 days, as aforesaid. If the Town Board deems it advisable, it may require a condition for approval of the amendment, said condition for approval to be the right to require that, in the case of a Zoning Map amendment, the amended area be put to use within a reasonable length of time. If the Town Board proposes to adopt an amendment that is substantially altered from the recommendation of the Planning Board, the Town Board shall refer said proposed amendment back to the Planning Board for report and recommendation before adoption. The Planning Board shall consider and report on said amendment within 30 days of receipt of said referral. Failure of the Planning Board to so report within the aforesaid 30 days will be deemed to constitute approval by the Planning Board.
§ 500-81 Notification of decision.
The Town Board shall notify the applicant for amendment, in writing, of the Town Board's decision within five days after the decision has been rendered.
§ 500-82 Required records.
The Town Clerk shall maintain records of amendments to the text and map of this chapter.