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.
A. 
Planning Commission. The Planning Commission shall review proposed amendments and provide a written recommendation of decision to the Village Board.
B. 
Architectural Review Committee. The Village Board, at their discretion, may refer a proposed amendment to the ARC for review and recommendation.
C. 
Zoning Board of Appeals. The Village Board, at their discretion, may refer a proposed amendment to the ZBA for review and recommendation.
D. 
Village Board.
(1) 
The Village Board shall hear and decide on proposed amendments, upon receipt of recommendation by the Planning Commission, ARC, and/or ZBA, where applicable.
(2) 
The Village Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with this article and NYS General Municipal Law.
(3) 
If the Village Board approves the amendment, supplement, change, or modification to the text of this chapter or official Zoning Map, the text and/or map shall be amended after publication as required by NYS General Municipal Law.
(4) 
The Village Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition additional conditions deemed necessary to achieve the review criteria.
E. 
Public hearing required. A public hearing shall be held by the Village Board prior to issuing a decision on any Code 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 including the Village of Hamburg Comprehensive Plan;
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. 
Internal referral. The reviewing board may refer any application to another Village board, committee, department, or official for review and comment. Within 30 days of referral the receiving board or official shall submit its recommendation in writing with a summary of findings to the reviewing board.
B. 
County referral. In accordance with Section 239-m of NYS General Municipal Law, zoning text and map amendments must be forwarded to the Erie County Planning Department for review prior to the public hearing and final action by the Village Board.
C. 
Municipal referrals. If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Village Clerk shall serve notice of the proposed amendment to the chief elected official of the affected municipality, prior to the public hearing and final action.