Amendments to the Zoning Map (rezonings) may be initiated only
by the governing body or by a petition requesting such change, presented
to the governing body, 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 owners'
authorized agent.
Complete applications for Zoning Map amendments must be filed with the Village or Town Clerk for consideration by the Village or Town Board. If the Town or Village Board decides to entertain the petition, it shall be referred to the respective Planning Board pursuant to §
300-62.4. If the governing board decides to not to entertain the petition it shall be deemed denied 60 days after filing.
Notice of required public hearings on Zoning Map amendments must be provided as required by the governing body and by state law. (See §
300-60.3C for additional information on public hearing notices.)
The Planning Board must review all proposed Zoning Map amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this Zoning Ordinance and the review criteria of §
300-62.8.
For Zoning Map amendment applications subject to SEQR requirements,
all required environmental reviews must be completed before a public
hearing is held and final action is taken on the amendment.
In reviewing and making decisions on Zoning Map amendments,
the Planning Board and governing body must consider at least the following
criteria:
A. Whether the proposed Zoning Map amendment corrects an error or inconsistency
in the Zoning Ordinance or meets the challenge of a changing condition;
B. Whether the proposed rezoning is in substantial conformance with
adopted plans and policies affecting the area proposed to be rezoned;
C. Whether public facilities (infrastructure) and services will be adequate
to serve development allowed by the requested rezoning;
D. Whether the rezoning will substantially harm the public health, safety
or general welfare or the value of nearby properties;
E. Whether the rezoning is compatible with the zoning and use of nearby
property;
F. The suitability of the subject property for the uses and development
to which it has been restricted under the existing zoning regulations;
and
G. 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.