(1) Whether the petition is signed and acknowledged or proved as
required by law and is otherwise sufficient.
(2) Whether any part or portion of the real property within the
proposed area or proposed extension should not be included therein.
(3) Whether it is in the overall public interest to grant the relief
sought.
(b) (1) If the board shall determine that the petition is not signed
and acknowledged or proved as required by law or that it is otherwise
insufficient, or if it is determined that it be not in the overall
public interest to grant the relief sought, the board shall deny the
petition.
(2) If the board shall determine that the petition is signed and
acknowledged or proved as required by law and is otherwise sufficient
and that it is in the overall public interest to grant the relief sought
but shall find that any part or portion of the real property within the
proposed area or proposed extension should not be included therein, the
board shall alter and revise the boundaries of the originally proposed
area or originally proposed extension of an existing area so as to
exclude therefrom any real property which it finds should not be
included in such proposed area or proposed extension.
(3) If and when the board shall make such an affirmative
determination, the board may adopt an ordinance or local law
establishing an area or extending an existing area as the boundaries
thereof shall have been finally determined by said board. Such ordinance
or local law may prohibit, restrict, regulate and control the use of all
buildings, structures and land within such area as established or
extended for any industrial or commercial purpose, or, in the
alternative, may limit the use of all buildings, structures and land
within such area as established or extended to use for one or two family
residential purposes, or to use for one or two family residential and
non-profit recreational purposes; provided, however, that no such
ordinance or local law shall be adopted unless the petition shall comply
with the requirements of this article as to the sufficiency of the area
proposed to be zoned and of signers within the boundaries of the
proposed area or proposed extension as finally determined by the board.
Such ordinance or local law shall not apply to a non-conforming use in
existence at the time of the effective date of such ordinance or local
law.
Structure New York Laws