Amendments to the zoning text or Zoning Map (rezonings) may
be initiated only by the Town Board or by a petition requesting such
change, presented to the Town Board. Zoning Map amendment petitions
shall be duly signed by the owners of at least 50% of the frontage
of the parcels included within the area proposed to be rezoned. Rezoning
petitions may be filed by the owner or by the owner's authorized
agent.
Notice of required public hearings on zoning text and map amendments must be provided as required by the Town Board and by state law (see §
106-50.3C for additional information on public hearing notices).
The Planning Board must review all proposed zoning text and map amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this Zoning Law and the review criteria of §
106-51.7.
For Zoning Law text and map amendment applications subject to
SEQR requirements, all required environmental reviews must be completed
before final action is taken on the amendment.
In reviewing and making decisions on zoning amendments, the
Code Enforcement Officer, Planning Board, and Town Board must consider
at least the following criteria:
A. Whether the proposed zoning amendment corrects an error or inconsistency
in the Zoning Law or meets the challenge of a changing condition;
B. Whether the proposed amendment is in substantial conformance with
the adopted plans and policies of the municipality;
C. Whether the proposed zoning amendment is in the best interests of
the municipality as a whole;
D. Whether public facilities (infrastructure) and services will be adequate
to serve development allowed by the requested rezoning, if applicable;
E. Whether the rezoning will substantially harm the public health, safety
or general welfare or the value of nearby properties, if applicable;
F. Whether the rezoning is compatible with the zoning and use of nearby
property, if applicable;
G. The suitability of the subject property for the uses and development
to which it has been restricted under the existing zoning regulations,
if applicable; and
H. The gain, if any, to the public health, safety and general welfare
due to denial of the application, as compared to the hardship imposed
upon the landowner, if any, as a result of denial of the application.
A petition requesting a change in regulations or other provisions
of this chapter shall be typewritten and be signed and acknowledged
by the person presenting it in the same manner as it is required for
the recording of a deed to real property and shall be filed with the
Town Clerk in triplicate.