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.
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.