The Town of Wilna Zoning Law is established for the purpose
of promoting the public health, safety and welfare, and the most desirable
use for which the land in each district may be adapted; for conserving
the value of the buildings and for enhancing the value of land throughout
the Town, pursuant to the authority conferred by Article 16 of the
Town Law and § 10 of the Municipal Home Rule Law. Reasonable
consideration is given to the best planned use of each district and
its peculiar suitability for particular uses.
This chapter shall be known and may be cited as the "Town of
Wilna Zoning Law."
A.
The Town Board may from time to time on its own motion or on petition,
amend, supplement, or repeal the regulations and provisions of this
chapter after appropriate public notice and hearing, as provided for
in Town Law.
B.
Procedure. The Town Board, by resolution adopted at a stated meeting,
shall fix the time and place of public hearing on the proposed amendments
and cause notice to be given as follows:
C.
The Town Board shall refer, at least 14 days in advance, any proposed
amendments to the Planning Board for their review and recommendation
to be submitted to the Town Board by the date of the public hearing
and made part of the record.
A.
The Town Board, Planning Board and Zoning Board of Appeals shall
refer all amendments, site plans, and variances that fall within those
areas specified under General Municipal Law, Article 12-B, § 239-m
to the County Planning Board prior to the Board's vote thereon.
In summary, this includes actions that fall within 500 feet of the
boundary of the Town; a state/county park or recreation area; a state
or county highway or expressway; a state- or county-owned drainage
channel; and state or county land where a public building or institution
is located. If the County Planning Board does not respond within 30
days from the time it received a full statement on the referral matter,
then the local board may act without such report. The local board
must report to the County Planning Board on its final action within
30 days of that event.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Town Board, Planning Board and Zoning Board of Appeals shall
comply with the requirements of the New York State Environmental Quality
Review Act (SEQR) for all amendments, site plans, variances and other
actions as defined by SEQR.
A.
Interpretation. Interpretation and application of the provisions
of this chapter shall be held to be minimal requirements, adopted
for the promotion of the public health, safety, or the general welfare.
Whenever the requirements of the chapter differ with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
B.
Separability. Should any section or provisions of this chapter be
decided by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the chapter as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
