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.
A. 
Whenever required under §§ 239-l and 239-m of the NYS General Municipal Law, Zoning Law text and map amendments must be forwarded to the County Planning Department for review prior to the public hearing and final action by the Town Board.
B. 
If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Town Clerk shall serve notice of the proposed amendment to the chief elected official of the affected municipality, prior to the public hearing and final action.
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.
A. 
After receiving the report of the Planning Board, the Town Board must deny the proposed amendment or convene its own public hearing on the proposed text and/or map amendment.
B. 
Following the public hearing, the Town Board may act to approve the proposed amendment, approve the proposed amendment with modifications or deny the proposed amendment. The Town Board may also return the application to the Planning Board for further consideration.
C. 
The Town Board may act by a simple majority vote of those Town Board members, except when a valid protest petition has been submitted in accordance with § 106-51.8.
D. 
The Town Office shall notify, by mail, the petitioner of the action taken by the Town Board.
E. 
If the Town Board approves the amendment, supplement, change or modification to the text of this chapter or associated map, the Zoning Code shall be amended after publication as required by local law.
F. 
The Town Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition, additional conditions deemed necessary to achieve the review criteria.
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. 
A formal protest petition opposing a zoning text and/or map amendment must be submitted to the Town Board or on the public record before the Town Board's vote, allowing sufficient time for the municipality to determine the validity of the petition [see NYS Town Law § 265(1) for more information on protest petitions].
B. 
A protest petition will be considered "valid" if it is signed by:
(1) 
The owners of 20% or more of the area of land included in such proposed change;
(2) 
The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed amendment, extending 100 feet therefrom; or
(3) 
The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
C. 
When a valid protest petition has been submitted, approval of a zoning amendment requires a majority plus one vote of those Town Board members.
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.