Italy Town City Zoning Code
ARTICLE III
Applicability
§ 350-4 Unlawful activity.
It shall be unlawful to use or permit the use of any building or facility or part thereof hereafter erected, changed, or extended in whole or in part, or altered beyond what is generally accepted as normal maintenance, in a manner which shall not conform in all respects to the requirements of this chapter and the NYS Building Code.[1]
[1]
Editor's Note: See Ch. 144, Construction Codes, Uniform.
§ 350-5 Space and construction regulations.
Except as hereinafter provided, no building or facility or part thereof shall be erected, altered or relocated unless done so in conformance with the regulations on space and constructions specified herein for the district in which it is located and with any relevant supplementary regulations. No portion of a yard or other open space within a lot that is required for the purpose of complying with lot coverage or setback requirements of this chapter shall be included as a portion of a yard or other open space similarly required for another lot.
§ 350-6 On-site wastewater and sewer systems.
All new structures in the Town of Italy shall comply with the requirements regarding on-site disposal of wastewater and sewage in the New York State Fire Prevention and Building Construction Code or its successors and Appendix 75-A of the New York Public Health Law entitled "Wastewater Treatment Standards–Individual Household Systems" or its successors.
§ 350-7 Certificate of compliance.
No building or facility or structure or part thereof hereafter erected, altered or extended shall be used or changed in its use until a certificate of compliance has been issued signifying that such building or facility or structure, or use change, complies with the provisions of this chapter and applicable building codes.
§ 350-8 Establishment of districts.
[Amended 3-17-2009 by L.L. No. 5-2009; 4-26-2010 by L.L. No. 1-2010; 2-12-2019 by L.L. No. 1-2019]
A.
For the purpose of this chapter, the Town of Italy is hereby divided into the following districts:
AR | Agricultural-Residential District | |
LS | Lakeshore Residential District | |
H | Hamlet District | |
C | Conservation/Public Lands District |
B.
The boundaries of these districts are shown on the map entitled "Zoning Map, Town of Italy, Yates County, New York," as adopted by the Town Board and amended from time to time. Said Map and all notations on it or amendments to it are incorporated by reference into this chapter and made part of it. Except where zoning districts are more precisely described in this chapter, the Zoning Map shall be the prevailing determination of zoning district boundaries.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 350-9 District boundaries.
[Amended 2-12-2019 by L.L. No. 1-2019]
A.
All Tax Map parcel numbers referenced in § 350-9.1 are as identified on the 2016 Assessment roll and Tax Map.
B.
A Zoning Map depicting the districts defined in § 350-9.1 may be drawn for the purpose of picturing said districts. All determinations of district boundaries, however, shall be made in reference to the definitions in § 350-9.1 and not by sole reliance on the Zoning Map.
C.
In the case of any single lot that includes portions located in more than one zoning district, the zoning district regulations of each zoning district, both with regard to use and with regard to area requirements, shall be applied to any development proposed within each respective portion of the lot. In the event, however, that the proposed development would be located in part in one zoning district and in part in another, such that the improvements overlap the zoning district boundary, the more restrictive regulations of the two (or more) zoning districts in which the improvements will be located shall govern the development of such improvements as a whole.
§ 350-9.1 District descriptions.
[Added 2-12-2019 by L.L. No. 1-2019]
A.
Agricultural/Residential District (AR): All lands in the Town of Italy not designated as contained within the Hamlet District (HD), the Lakeshore/Residential District (LS) or the Conservation/Public Lands District (C).
B.
Lakeshore Residential District (LS): Commencing at the northern boundary line of a parcel of land identified as parcel No. 43.38-1-1; thence southerly encompassing all parcels bordering the eastern shore of Canandaigua Lake so far as the southern boundary line of a parcel of land identified as parcel No. 43.54-1-6.
C.
Hamlet District (HD): Commencing at the point of intersection of the center line of Italy Valley Road with a straight line extension to the south of the westerly boundary line of a parcel of land identified as No. 80.01-1-6.2;
Thence northerly along the westerly boundary line of said parcel No. 80.01-1-6.2 so far as a point which is a distance of 250 feet from the center line of Italy Valley Road as measured perpendicularly from said center line of Italy Valley Road;
Thence northeasterly on a line parallel to and always 250 feet distant from the center line of Italy Valley Road as measured perpendicularly thereto, so far as the southwesterly boundary line of a parcel of land identified as No. 68.03-1-15;
Thence southeasterly along the southwesterly boundary line of said premises identified as parcel No. 68.03-1-15 and a straight line extension thereof so far as the center line of Italy Valley Road;
Thence northeasterly along the center line of Italy Valley Road so far as a point at the intersection thereof with a straight line extension to the northwest of the southwesterly boundary line of premises identified as parcel No. 80.02-1-12.1;
Thence southeasterly along the straight line extension to the northwest of the southwesterly boundary line of said premises identified as No. 80.02-1-12.1 and the southwesterly boundary line of said premises so far as a point a distance of 250 feet from the center line of Italy Valley Road as measured perpendicularly from said center line of Italy Valley Road;
Thence southwesterly on a line parallel to and always 250 feet from the center line of Italy Valley Road so far as a point where such line would intersect a further line parallel to and always 250 feet easterly from the center line of Martin Road measured perpendicularly thereto;
Thence southerly along such line which is parallel to and always a distance of 250 feet easterly from the center line of Martin Road measured perpendicularly thereto so far as a straight line extension to the east of a line which is parallel to and always 250 feet southerly from the center line of Weatherby Road as measured perpendicularly thereto;
Thence westerly along such line which is parallel to and always 250 feet southerly from the center line of Weatherby Road as measured perpendicularly thereto, so far as the easterly boundary line of premises identified as No. 80.39-1-1.1;
Thence southerly along the easterly boundary line of said premises identified as parcel No. 80.39-1.1 and a straight line extension thereof to the south so far as the center line of the Italy Turnpike;
Thence westerly along the center line of the Italy Turnpike so far as the intersection of a straight line extension thereof to the west with the center line of Italy Valley Road;
Thence westerly along the center line of Italy Valley Road so far as the point and place of beginning.
D.
Conservation/Public Lands District (C). All state, county, and other public and private lands designated for the purposes of natural preservation, wildlife and forest management, and public recreation, including, but not limited to, High Tor Wildlife Management Area and Italy Hill State Forest.
§ 350-10 Amendments.
The regulations, restrictions, and boundaries set forth in this chapter may be amended, supplemented, changed or repealed by the Town Board.
§ 350-11 Severability.
Should any section, subsection, sentence, clause, phrase or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
§ 350-12 Interpretations; conflict with other laws.
In interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, aesthetics, or the general welfare and in accordance with the general land use principles established in the Town of Italy Comprehensive Plan. This chapter is not intended to interfere or abrogate or annul other rules, regulations, or laws, provided that whenever the requirements of this chapter are at a variance with the requirements of any other lawfully adopted rule, regulation, or law, the more restrictive or that imposing the higher standard, shall apply.
§ 350-13 When effective.
This chapter shall take effect immediately upon filing as provided by the Laws of the State of New York, after adoption by the Town Board and approval by the Yates County Planning Board (or, failing County Planning Board approval, adoption by the Town Board by a super majority).