Amendments to the zoning text or Zoning Map (rezonings) may
be initiated by the Village Board or by recommendation of the Planning
Commission or petition presented to the Village Board. Zoning Map
amendment petitions shall be 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 owner's authorized agent.
Notice of required public hearings on zoning text and Zoning Map amendments must be provided as required by the Village Board and by state law (see Article
50 of this chapter for additional information on public hearing notices).
The Planning Commission must review all proposed zoning text
and Zoning Map amendments and prepare a report that evaluates the
proposed amendment in light of adopted plans, the relevant provisions
of this chapter, and the review criteria of this article.
For zoning text and Zoning 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 Planning
Commission and 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 with the Village Clerk in
triplicate.