Colden City Zoning Code
ARTICLE IV
Application of Regulations
§ 108-7 General application.
A.
No building, other structure or land shall hereafter be used or occupied and no building or other structure or parts thereof shall be erected, relocated, altered, extended or enlarged unless in conformity with the use, height and area regulations specified herein for the district in which such building, other structure or land is located and in conformity with all other regulations of this chapter.
B.
No lot area shall be reduced or diminished so that the yards or other open space thereon shall be less than prescribed by this chapter nor shall the density of population be increased in any manner except in conformity with area requirements herein established. If, at the time of the adoption of this chapter or of any subsequent amendments, the lot area or required open spaces are less than the minimum required by this chapter, such area or open space shall not be further reduced.
C.
No yard or other open space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.
D.
All fees required in regard to zoning shall be determined by resolution of the Town Board from time to time. Notice of current fees shall be available from the office of the Town Clerk or the Building Inspectors.
[Added 7-9-2009 by L.L. No. 3-2009]
§ 108-8 Certain public uses excluded.
The regulations of this chapter shall not be construed as to limit or interfere with the dedication, development or use of any land or building for public parks, other public recreation areas or public schools required for compulsory education; or with the use of land or buildings owned by the United States of America, the State of New York, the County of Erie or the Town of Colden and used for governmental purposes; or with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains, standpipes, reservoirs or elevated water tanks or conduits, electric light or electric power transmission or distribution lines, telephone or telegraph lines, cable television lines, oil pipe lines, sewers, sewer mains or incidental appurtenances; or with any highway, railroad right-of-way or mass transit right-of-way existing or hereafter authorized by the United States of America, the State of New York, the County of Erie, the Erie County Water Authority, or the Town of Colden. These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by said public utilities which are otherwise permitted by this chapter in appropriate districts. Installation of standpipes, reservoirs or elevated water tanks shall be permitted only upon approval of the Town Board as to location, type of structure, effect upon adjacent properties and proximity to similar use area. The Town Board may prescribe conditions that it deems necessary or desirable and may require a site plan of the proposed installation. Application for such use shall be referred to the Town Planning Board for its recommendation which shall be advisory only.
§ 108-9 Prior approved permits and variances.
A.
Building permits. Nothing contained in this chapter shall prevent the construction of a building or other structure for which a building permit has been lawfully issued and which is made nonconforming by this chapter or subsequent amendments thereto, provided that construction of the foundation shall have commenced prior to the nonconforming date and construction thereafter is diligently performed.
B.
Special permits and variances. Special permits or variances granted prior to the effective date of this chapter and which are not permitted by this chapter as of right in the district in which located shall be subject to all the conditions and limitations placed thereon when such special permit or variance was granted and to the provisions contained herein pertaining to nonconforming uses. Any such special permit or variance shall become null and void unless exercised within one calendar year from the effective date of this chapter.
§ 108-10 Conflict with other regulations.
§ 108-11 Severability.
It is hereby declared to be the intent of the Town Board that:
A.
If a court of competent jurisdiction finds any provision of this chapter invalid in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of this chapter shall continue to be separately and fully in effect.
B.
If a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid in whole or in part, the effect of such decision shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.