Elma City Zoning Code
ARTICLE XIII
Amendments
§ 144-117 Rezoning of area.
The regulations, restrictions and boundaries herein provided may be from time to time amended, supplemented, changed, modified or repealed in a manner provided by statute, and, if any area is transferred from one zone to another zone of more restricted use, any nonconforming use then existing within said areas may be continued.
§ 144-118 Petition for change.
A.
Whenever 25% or more owners of property in any zone or the owners of 50 parcels of property in any zone, whichever number shall be less, shall present their signed petition to the Town Board requesting any amendment, supplement, alteration or change or repeal of the regulations prescribed for such zone or specified part thereof, it shall be the duty of the Town Board, after public notice and hearing upon such petition, to decide by a majority vote upon such request within 60 days after its filing with the Town Clerk. The provisions of the Town Law respecting such amendment, supplement, alteration, change or repeal with respect to the number of votes required by the Town Board to effect such amendment, supplement, alteration, change or repeal shall apply to this section and to any amendment of this Zoning Ordinance.
B.
Referral to Planning Board. Each proposed amendment, except those initiated by the Town Planning Board, shall be referred to the Town Planning Board for an advisory report prior to the public hearing held by the Town Board. In reporting, the 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.
C.
Provisional amendment.
(1)
In the case of a proposed amendment which involves the reclassification of an area to a less restricted zone, the Town Board shall require the petitioner to submit a development plan showing the extent, location and character of proposed structures and uses. The Town Board shall refer such proposed development plan to the Planning Board for its recommendation and may require that such plan be modified to ensure its compatibility to adjacent areas and may qualify its approval of such amendment by attaching a special endorsement thereto. Such endorsement may require that any future additions to the development plan area be resubmitted to the Town Board to determine that the addition is substantially in agreement with the intent of the original ordinance amendment. General conformity in architectural design with the original development may be considered a reasonable basis for refusal to issue a building permit for such an addition.
(2)
No building permit shall be issued for construction within the area described by said amendment except in accordance with the approved development plan and with all conditions and limitations placed thereon by the Town Board or in accordance with the zoning regulations applicable prior to the said reclassification action. Unless application for a building permit for such special development is made within a period of one year after the Town Board's approval, said approval shall be void and the zoning classification shall be as it was when the petition for amendment was filed.