This chapter shall be known and cited as the "Consolidated Zoning Ordinance of the Town of Union, Village of Johnson City, and Village of Endicott, New York." For convenience, it is referred to throughout this chapter as the "Zoning Ordinance" or "Zoning Code."

The provisions of this Zoning Ordinance become effective on January 1, 2012, except as otherwise expressly stated.

This Zoning Ordinance is adopted pursuant to the powers granted and limitations imposed by legislation of the State of New York.

The regulations of this Zoning Ordinance apply to all development, public or private, within the corporate limits of the Town of Union and the Villages of Endicott and Johnson City unless otherwise expressly stated in this Zoning Ordinance.

There is hereby established a new comprehensive Zoning Ordinance for the Town of Union and the Villages of Johnson City and Endicott, which is set forth in the text, tables, illustrations and map that constitute this chapter. The Zoning Ordinance is adopted to promote and protect the public health, safety and general welfare and provide for solar access. The Zoning Ordinance implements the goals and objectives of the 2008 Unified Comprehensive Plan, which include:

If any portion of this Zoning Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the Zoning Ordinance, and in no way affects the validity of the remainder of the Zoning Ordinance.

The language of the Zoning Ordinance must be read literally. Regulations are no more or less strict than stated. Words defined in Article 71 (General Terms) have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Article 71 have the meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.

Unless the context otherwise clearly indicates, conjunctions have the following meanings:

The following rules apply to fractional number unless otherwise expressly stated.

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this Zoning Ordinance. In case of any difference of meaning or implication between the text of this Zoning Ordinance and any heading, drawing, table, figure, or illustration, the text controls.

All references to other Village, Town, county, state, or federal regulations in the Zoning Ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, Zoning Ordinance requirements for compliance are no longer in effect.

Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

Whenever a provision appears requiring the head of a department or another officer or employee of the Town or Villages to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this Zoning Ordinance expressly prohibit such a delegation.

All employees, public officials, bodies, and agencies to which references are made are those of the Town of Union or the Villages of Johnson City or Endicott unless otherwise expressly stated.

Commentaries are sometimes included in the Zoning Ordinance as a means of clarifying certain provisions or providing supplemental information. Text marked as "Commentary" has no regulatory effect. It is intended solely as a guide for administrative officials and the public. Commentaries may be added to the Zoning Ordinance by the Planning Director without the need for a formal ordinance amendment.

The location and boundaries of the zoning districts established by this Zoning Ordinance are shown on a zoning map maintained by the Planning Director and the Town and Village Boards. The Planning Director will be responsible for keeping the Zoning Map up-to-date. The Official Zoning Map, together with all notations, references, data and other information shown on the Map, is adopted and incorporated into this Zoning Ordinance.[1] It is as much a part of this Zoning Ordinance as if actually depicted within its pages.

The Planning Director is responsible for directing revisions to the Official Zoning Map to reflect its amendment as soon as possible after the effective date of Zoning Map amendments (rezonings). No unauthorized person may alter or modify the Official Zoning Map. The Planning Director may authorize printed copies of the Official Zoning Map to be produced, and must maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference.

When the ordinance establishing a zoning boundary identifies the boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists. The Official Zoning Map must note any such relationship between a zoning boundary and other mapped feature on the Zoning Map when entering the zoning boundary.

Where any uncertainty exists about a zoning boundary, the actual location of the boundary will be determined by the Zoning Board of Appeals using the following rules of interpretation:

Development applications that were submitted in complete form and are pending approval before January 1, 2012, may be reviewed wholly under the terms of the Zoning Ordinance in effect immediately before January 1, 2012, or they may be reviewed wholly under the terms of this Zoning Ordinance. Whether such review takes place under the provisions of the previous Zoning Ordinance or under this Zoning Ordinance is the applicant's option. The applicant's decision about which ordinance applies, once submitted, may not be changed. All development applications submitted on or after January 1, 2012, will be reviewed wholly under the terms of this Zoning Ordinance.

Any building, development or structure for which a building permit was issued before January 1, 2012, may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this Zoning Ordinance. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this Zoning Ordinance.

Any violation of the previous Zoning Ordinance will continue to be a violation under this Zoning Ordinance and be subject to penalties and enforcement under Town and Village Law. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this Zoning Ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in § 300-13.1. The adoption of this Zoning Ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in § 300-13.1.

Any nonconformity under the previous Zoning Ordinance will also be nonconformity under this Zoning Ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that did not constitute a nonconforming situation under the previously adopted Zoning Ordinance does not achieve nonconforming status under this Zoning Ordinance merely by repeal of the previous Zoning Ordinance.