Amendments to the Zoning Map (rezonings) may be initiated only by the governing body or by a petition requesting such change, presented to the governing body, 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 owners' authorized agent.
Complete applications for Zoning Map amendments must be filed with the Village or Town Clerk for consideration by the Village or Town Board. If the Town or Village Board decides to entertain the petition, it shall be referred to the respective Planning Board pursuant to § 300-62.4. If the governing board decides to not to entertain the petition it shall be deemed denied 60 days after filing.
Notice of required public hearings on Zoning Map amendments must be provided as required by the governing body and by state law. (See § 300-60.3C for additional information on public hearing notices.)
The Planning Board must review all proposed Zoning Map amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this Zoning Ordinance and the review criteria of § 300-62.8.
A. 
Whenever required under §§ 239-l and 239-m of the General Municipal Law, Zoning Ordinance Map amendments must be forwarded to the County Planning Department for review prior to final action by the governing body.
B. 
If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Town Clerk shall refer the proposed amendment to the chief elected official of the affected municipality prior to final action.
For Zoning Map amendment applications subject to SEQR requirements, all required environmental reviews must be completed before a public hearing is held and final action is taken on the amendment.
A. 
After receiving the report of the Planning Board, the governing body must convene a public hearing on the proposed Map amendment.
B. 
Following the close of the public hearing, the governing body may act to approve the proposed Zoning Map amendment, approve the proposed Zoning Map amendment with modifications or deny the proposed Zoning Map amendment. The governing body may also return the application to the Planning Board for further consideration, together with a written explanation of the reasons for doing so.
C. 
The governing body may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with § 300-62.9, approval or approval with modifications requires a majority plus one vote of the governing body members.
D. 
The municipal Clerk shall notify, by mail, the petitioner of the action taken by the governing body.
E. 
If the governing body approves the amendment, supplement, change or modification to district boundaries or classifications, the Zoning Map shall be amended after publication as required by local law.
F. 
The governing body 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.
In reviewing and making decisions on Zoning Map amendments, the Planning Board and governing body must consider at least the following criteria:
A. 
Whether the proposed Zoning Map amendment corrects an error or inconsistency in the Zoning Ordinance or meets the challenge of a changing condition;
B. 
Whether the proposed rezoning is in substantial conformance with adopted plans and policies affecting the area proposed to be rezoned;
C. 
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning;
D. 
Whether the rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties;
E. 
Whether the rezoning is compatible with the zoning and use of nearby property;
F. 
The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations; and
G. 
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. 
A formal protest petition opposing a Zoning Map amendment must be submitted to the governing body or on the public record before the governing body's vote, allowing sufficient time for the municipality to determine the validity of the petition.
B. 
A protest petition will be considered "valid" if it is signed by:
(1) 
The owners of 20% or more of the area of land included in such proposed change; or
(2) 
The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed amendment, extending 100 feet therefrom; or
(3) 
The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
C. 
When a valid protest petition has been submitted, approval of a Zoning Map amendment requires a majority plus one vote of those governing body members.