Applications for approval of Zoning text amendments or Zoning Map Changes that are determined by the Planning and Economic Development Zoning Administrator to be complete shall be certified as such and forwarded for further processing, review, consideration and/or action, as applicable, by the Board of Trustees under Article 8 (Administration, Procedures and Enforcement).
 

(1) Authorization. Under New York State Village Law, the Board of Trustees is authorized to review requests for Zoning Text Amendments. However, taking action on such request is entirely discretionary.
(2) Description. A Zoning Text Amendment allows for amendment of the regulations imposed by this chapter in response to changed conditions or changes in Village policy.
(3) Initiation.

(a) The Board of Trustees, Planning Commission, or Zoning Board of Appeals may initiate a Zoning Text Amendment.
(b) A property owner may petition the Village to initiate a Zoning Text Amendment.

(4) Procedure.

(a) Request/Petition Submittal.

[1] A Zoning Text Amendment initiated by a property owner's petition must be filed with the Village Clerk. The petition shall be accompanied by the application fee, as set forth in Village Code Chapter 175 (Fees). Any petition for Zoning Text Amendment must include the following information:

[a] Proposed amendment to the zoning text, in the form of a local law.
[b] A Full Environmental Assessment Form (FEAF), Part 1 and any supporting documentation, as required for compliance with SEQRA.
[c] The appropriate fee, as indicated in Village Code Chapter 175 (Fees).

[2] A Zoning Text Amendment initiated by recommendation of the Planning Commission or Zoning Board of Appeals shall be provided on letterhead and filed with the Village Clerk. No application fee is required.
[3] A Zoning Text Amendment initiated by motion of the Board of Trustees shall require no submittal or application fee.

(b) Completeness. Upon receipt of a Zoning Text Amendment request or petition, the Village Clerk shall forward the submitted materials to the Planning and Economic Development Zoning Administrator for a review for completeness, including if the appropriate fees were provided. Once the request or petition is deemed complete, the Planning and Economic Development Zoning Administrator shall, in writing, provide a statement of completeness to the Village Clerk. The Village Clerk shall then forward the request/petition to the Board of Trustees for consideration at the next available Board of Trustees meeting.
(c) Acceptance, Public Hearing, and Referrals.

[1] Acceptance. Upon receipt of a complete request or petition for Zoning Text Amendment, the Board of Trustees, at its discretion, may accept the request/petition.
[2] Public Hearing. Upon acceptance, the Board of Trustees, by resolution adopted at such meeting, shall fix the time and place of a public hearing on the proposed Zoning Text Amendment. Notice of the public hearing is required in accordance with § 345-808.
[3] Referral. Upon acceptance, whether by petition by an applicant, recommendation of the Zoning Board of Appeals, or by motion of the Board of Trustees, such Zoning Text Amendment shall be referred to the Planning Commission and the Westchester County Planning Board, per § 345-808G(1), for review and report before a public hearing is held thereon. Any proposed Zoning Text Amendment recommended by the Planning Commission need not be referred to the Planning Commission.
[4] Board of Trustees Decision. Upon holding of a public hearing and subsequently closing the public hearing, the Board of Trustees, at its discretion, may approve, approve with modifications, or disapprove the request for Zoning Text Amendment. The Board of Trustees also has the discretion to not provide a decision on the request for Zoning Text Amendment. The Board of Trustees shall reserve decision on any Zoning Text Amendment until the Westchester County Planning Board and Planning Commission, if applicable, have provided their reports. If the Westchester County Planning Board or Planning Commission do not provide a report within 30 days of receipt, the Board of Trustees may proceed with a decision.

(5) Approval Standards. A Zoning Text Amendment is a matter of legislative discretion that is not controlled by any one of the following standards, but rather on a balancing of these standards. The Board of Trustees shall consider the following criteria:

(a) The proposed Zoning Text Amendment is consistent with the spirit and intent of this chapter and the Village of Port Chester Comprehensive Plan.
(b) The proposed Zoning Text Amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.
(c) The proposed Zoning Text Amendment does not create an undue number of nonconformities.
(d) The proposed Zoning Text Amendment promotes the public health, safety, and welfare of the Village.

(6) Abstract and Effective Date. For any Zoning Text Amendment adopted by the Board of Trustees:

(a) A summary or abstract of such Zoning Text Amendment shall be provided in the official Village newspaper.
(b) Such Zoning Text Amendment shall take effect 10 days after such publication.