Amendments to the text or map of this Zoning Law may be initiated by the Village Board, Planning Board, and Zoning Board of Appeals, or by a petition requesting the amendment presented to the Village Board.
Notice of required public hearings on Zoning Law amendments must be provided via newspaper, mail, and posted notice per § 95-60.3C of this chapter.
The Planning Board must review all proposed zoning law 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 § 95-61.7.
At least 10 days prior to the date of the public hearing, written notice of any text amendment or map amendment affecting property within 500 feet of the following shall be served personally or by mail by the Village upon each person or persons as listed below:
A. 
The boundary of a city, village or town; upon the clerk thereof;
B. 
The boundary of a county; upon the clerk of the Board of Supervisors or other person performing like duties;
C. 
The boundary of a state park or parkway; upon the regional State Park Commission having jurisdiction over such state park or parkway; and
D. 
The property of the housing authority erecting or owning a housing project authorized under the public housing law; upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto (see New York State Village Law Section 7-706 for further information).
For Zoning Law 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 Village Board must convene a public hearing on the proposed amendment.
B. 
Following the public hearing, the Village Board may act to approve the proposed amendment, approve the proposed amendment with modifications or deny the proposed amendment. The Village Board may also return the application to the Planning Board for further consideration, together with a written explanation of the reasons for doing so.
C. 
The Village Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with § 95-61.8. In the case of a valid protest petition, approval or approval with modifications requires a 3/4 vote of the members of the Village Board.
D. 
The Village Clerk shall notify, by mail, the petitioner of the action taken by the Village Board.
E. 
If the Village Board approves the amendment, supplement, change or modification to the Zoning Law, the Zoning Code and Map, as applicable, shall be amended after publication as required by local law.
F. 
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.
In reviewing and making decisions on zoning law text amendments, the Code Enforcement Officer, Planning Board, and Village Board must consider the following criteria, as applicable:
A. 
Whether the proposed 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 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 any requested rezoning;
E. 
Whether any rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties;
F. 
Whether any rezoning is compatible with the zoning and use of adjacent property;
G. 
Whether the property in question is suitable for the uses and development to which it has been restricted under the existing zoning regulations; and
H. 
Whether the gain, if any, to the public health, safety and general welfare due to denial of the application outweighs that of the hardship imposed upon the landowner, if any, as a result of denial of the application.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of New York State Village Law.