Amendments to the text or map of this zoning law may be initiated
by the Town Board, Planning Board, and Zoning Board of Appeals, or
by a petition requesting the amendment presented to the Town Board.
The Planning Board shall review all proposed zoning law amendments
and provide a report to the Town Board recommending approval, approval
with conditions or modifications, or denial.
In reviewing and making decisions on zoning law amendments,
the reviewing body shall 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 re-zoning;
E. Whether any re-zoning will substantially harm the public health,
safety or general welfare or the value of nearby properties;
F. Whether any re-zoning 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 NYS Town Law § 265, which requires the approval of at
least three-fourths of the members of the Town Board.