This chapter shall be known and may be cited as the "Zoning
Ordinance of the Village of Warsaw."
For the purpose of promoting the health, safety and general
welfare of the people of the Village of Warsaw, this chapter is adopted
pursuant to Article 7 of the Village Law of the State of New York.
Its purpose is to regulate and restrict the height, number of stories
and size of buildings and other structures; the percentage of lot
that may be occupied; the size of yards, courts and other open space;
the density of population and the location and use of buildings, structures
and land for business, industry, agriculture, residence or other purposes.
Such Zoning Law and the Zoning Map, which is a part of said Zoning
Law, are designed to lessen congestion in the streets; to secure safety
from fire and other dangers; to provide adequate light and air; to
provide for solar access and the implementation of solar energy systems;
to prevent the overcrowding of land and to avoid undue concentration
of population; to facilitate the efficient and adequate provision
of public facilities and services; and to provide the maximum protection
to residential areas from the encroachment of adverse environmental
influences. Such Zoning Law and Zoning Map were enacted after reasonable
consideration, among other things, as to the character of the village
and its peculiar suitability for particular uses, to conserve property
values and natural resources and to encourage the most appropriate
use of land throughout the village.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum standards and requirements
for the protection of the public health, safety and general welfare.
Whenever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations,
ordinances or laws, the most restrictive or those imposing the higher
standards shall govern.
Prior to any action by a municipal board or official on any
application made in accordance with the provisions of this chapter,
the village shall satisfy the requirements of the State Environmental
Quality Review (SEQR) regulations.
A.
Procedure. The Village Board may, from time to time, on its own motion,
on petition or on recommendation of the Planning Board and in accordance
with the laws of the State of New York, amend, supplement or repeal
the regulations, provisions or district boundaries of this chapter.
B.
Filing of petition. A petition to amend, change or supplement the
text of this chapter or any zoning district as designated on the Zoning
Map established herein shall be filed with the Village Clerk and shall
be transmitted by the Clerk to the Village Board. A petition for a
change to the Zoning Map shall contain a map which clearly describes
the affected property and its boundaries and shall indicate the existing
zoning district and the requested zoning change. In addition, every
petition for an amendment to this chapter shall contain an environmental
assessment form completed and signed by the petitioner or agent in
accordance with the procedures set forth in State Environmental Quality
Review (SEQR) regulations.
C.
Referral to Planning Board. Each proposed amendment, except those
initiated by the Planning Board, shall be referred to the Planning
Board for an advisory report. In reporting to the Village Board, the
Planning Board shall fully state its reasons for recommending or opposing
the adoption of such proposed amendment. The Planning Board may condition
its approval, as may be appropriate, and shall state whether such
amendment is in harmony with the village's Comprehensive Plan.
The Planning Board shall state its position relative to proposed zoning
amendments, in writing, within 45 days of its referral from the Village
Board. Absence of a reply from the Planning Board within the forty-five-day
period shall indicate that the Board is in favor of the proposed amendment.
D.
Public hearing; notice; recording of actions. Unless otherwise provided,
the provisions of the Village Law of the State of New York pertaining
to public hearings, official notices and proper recording of zoning
actions taken by the Village Board shall apply to all proposed amendments
to this chapter.
E.
Disposition final; rehearing on petition. The disposition of a petition
for amendment by the Village Board shall be final, and disapproval
or denial of the proposed amendment shall void the petition. No new
petition for an amendment which has been previously denied by the
Village Board shall be considered by it, except for a vote to table
or to receive and file, and no public hearing shall be held on such
amendment within a period of one year from the date of such previous
denial unless the Planning Board shall submit a recommendation, with
reasons stated therefor, certifying that there have been substantial
changes in the situation which would merit a rehearing by the Village
Board. Such rehearing may be granted only upon a favorable vote by
not less than four members of the Village Board.
The zoning of lands annexed into the village subsequent to the adoption of this chapter shall follow the procedures for amendments specified in § 163-6 above. The process for establishing zoning for lands to be annexed into the village shall be coordinated with the annexation process.
