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Concord City Zoning Code

ARTICLE XXXVII

Amendments

§ 150-200 General provisions.

The Concord Town Board may from time to time, on its own motion or on petition or on recommendation of the Concord Town Planning Board, after proper public notice and public hearing, amend, supplement or repeal the regulations, provisions or boundaries of this chapter.

§ 150-201 Provisional amendments.

A. 
In the case of a proposed amendment which involves the reclassification or transfer of any area from an R District to any C or M District, the Concord Town Board may require the petitioner to submit a development plan showing the extent, location and character of proposed uses and structures. The Concord Town Board may require that such plan be modified to meet any objections raised at any public hearing thereon or subsequent thereto and may qualify its approval of any such amendment by attaching a special endorsement thereto.
B. 
Within a period of six months from the approval of such a provisional amendment, no building permit or certificate of zoning compliance shall be issued for any property within the area described by said amendment except in accordance with the development plan approved and with all conditions and limitations placed thereon by the Concord Town Board or in accordance with the zoning regulations applicable prior to said reclassification action.
C. 
Unless application for a building permit for such special development is made within six months from the Concord Town Board's approval and unless development of the area included in such development plan is commenced within a period of one year after the Concord Town Board's approval, said approval shall be null and void, and the zoning classification shall be as it was when the petition for amendment was filed.

§ 150-202 Procedure.

A. 
Petition for amendment.
(1) 
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated herein shall be filed with the Concord Town Clerk on forms obtained from the Concord Town Clerk's office and shall be transmitted by the Concord Town Clerk to the Concord Town Board. On and after the effective date of this chapter, any petition to amend, change or supplement this chapter shall be accompanied by a filing fee in an amount as established by the Concord Town Board.
(2) 
Public hearings; procedure. A public hearing shall be set by a majority vote of the Town Board, which public hearing shall occur not less than 10 days after said affirmative vote, and notice of said hearing shall be published for two consecutive weeks in the official newspaper.
B. 
Referral to Concord Town Planning Board. Each proposed amendment, except those initiated by the Concord Town Planning Board, shall be referred to the Concord Town Planning Board for an advisory report prior to the public hearing held by the Concord Town Board. In reporting, the Concord Town Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment and, if it shall recommend adoption, shall describe any changes in conditions which it believes make the amendment desirable and shall state whether such amendment is in harmony with a Comprehensive Plan for land use in the Town of Concord.
C. 
Other referrals. Where required by law, a proposed amendment shall also be referred for comment to the Erie County Department of Environment and Planning and/or the New York State Department of Environmental Conservation prior to the public hearing held by the Concord Town Board.
D. 
Rehearing on petition. The disposition of a petition for amendment by the Concord Town Board shall be final, and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been denied by the Concord Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such denial, unless the Concord Town Planning Board shall submit a recommendation with reasons stated therefor certifying that there have been substantial changes in the situation which would merit a rehearing by the Concord Town Board.