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.
A. 
Hearing required. The Town Board shall hold a public hearing for all zoning law amendments prior to issuing their decision.
B. 
Notice. Public notice of hearing shall be provided in newspaper, mail, and posted form in accordance with § 325-60.8 of this chapter. Mailed notice shall be made to owners of all property within 500 feet of the property in question.
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.
A. 
County referral. Referral shall be made to the Ontario County Planning Board in accordance with NYS General Municipal Law § 239-m.
B. 
Additional referrals. Referral shall also be made as noted herein where the property subject to a zoning amendment is located within 500 feet of:
1) 
The boundary of a city, village or town; upon the clerk thereof;
2) 
The boundary of a county; upon the clerk of the board of supervisors or other official performing like duties;
3) 
The boundary of a state park or parkway; upon the regional state park commission having jurisdiction over such state park or parkway; and
4) 
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 NYS Town Law § 16-264 for further information.)
A. 
After receiving the report of the Planning Board, the Town Board must convene a public hearing on the proposed amendment.
B. 
The Town Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with § 325-61.7. In the case of a valid protest petition, approval or approval with modifications requires a three-fourths vote of the members of the Town Board.
C. 
If the Town 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 NYS Law.
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.