The Planning Board must review all proposed zoning text and
map amendments and prepare a report of recommendation for the Village
Board that evaluates the proposed amendment in light of adopted plans,
the relevant provisions of this zoning law, and the review criteria
of this article.
A.
In accordance with § 239-m of the New York State General
Municipal Law, zoning text and map amendments must be forwarded to
the Monroe County Planning Department for review prior to the public
hearing and final action by the Village 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 Village Clerk shall serve notice of the proposed amendment to
the Clerk of the affected municipality, prior to the public hearing
and final action.
For zoning 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 Planning Board's report, the Village Board must
convene a public hearing on the proposed text and/or map amendment.
B.
Following the public hearing, the Village Board may act to approve,
approve with modifications, or deny the amendment. The Village Board
may also return the application to the Planning Board for further
consideration.
C.
The Village Board may act by a simple majority vote, except when
a valid protest petition has been submitted in accordance with this
article and New York State General Municipal Law.
D.
If the Village Board approves the amendment, supplement, change,
or modification to the text of this chapter or Official Zoning Map,
the text and/or map shall be amended after filing and publication
as required by New York State General Municipal Law.
E.
The Village 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.
F.
The Village Clerk shall notify the petitioner by mail of the action
taken by the Village Board.
In reviewing and making decisions on zoning amendments, the
Village 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 Village;
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
properties, 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 Village Board or placed on the public record
before the Village Board's vote, allowing sufficient time for the
municipality to determine the validity of the petition. (Consult New
York State General Municipal Law 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 super majority or majority plus one vote of the
Village Board.
A petition requesting a change in regulations or other provisions
of this chapter shall be written, signed, and acknowledged by the
person presenting it and shall be filed in accordance with New York
State Village Law.
