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.
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.
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 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.