This chapter shall be known and may be cited
as the "Zoning Ordinance of the Village of Cuba Village," hereafter
referred to as "Cuba Village."
For the purpose of promoting the health, safety
and general welfare of the people of Cuba Village, 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 a 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, 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 and with a view to conserving property values and natural resources,
encouraging the most appropriate use of land throughout the Village
and to achieve the goals, objectives and recommendations of the Cuba
Village Plan.
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.
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. The Village Board shall satisfy the requirements
of the State Environmental Quality Review (SEQR) regulations prior
to acting on any proposal to amend this chapter, including those recommended
by the Village Board or any of the Village's advisory boards.
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 Cuba Village 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.
[Amended 8-26-1996 by L.L. No. 3-1996]
The text of Local Law Number 2 of 1987 for Flood
Damage Prevention and the text of Chapter 86, Swimming Pools, adopted
by the Village Board during the codification of the Code of Cuba Village
in 1977, including all amendments to these chapters and laws, are
hereby repealed and amended in their entirety as set forth herein.
The zoning of lands annexed into the Village subsequent to the adoption of this chapter shall follow the procedures for amendments specified in § 200-6 above. The process for establishing zoning for lands to be annexed into the Village shall be coordinated with the annexation process.