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.
A. 
In accordance with § 239-m of New York State General Municipal Law, zoning text and Zoning 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.
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 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.
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.
A. 
After receiving Planning Commission's report, the Village Board must deny the proposed amendment or convene its own public hearing on the proposed text and/or map amendment.
B. 
Following the public hearing, the Village Board may act to approve, approve with modifications, or deny the proposed amendment. The Village Board may also return the application to the Planning Commission for further consideration.
C. 
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 New York State General Municipal Law.
D. 
The Village Clerk shall notify, by mail, the petitioner of the action taken by the Village Board.
E. 
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 New York State General Municipal Law.
F. 
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.
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. 
A formal protest petition opposing a zoning text and/or map amendment must be submitted to the Village Board or placed on the public record before the Village Board's vote, allowing sufficient time for the municipality to determine the validity of the petition (consult New York State General Municipal Law more information on protest petitions).
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;
(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 amendment requires a super majority or majority plus one vote of the Village Board.
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.