Lancaster Town City Zoning Code
ARTICLE I
General Provisions
§ 400-1 Statutory authority.
This chapter is adopted pursuant to the authority conferred by Article 16 of the New York Town Law and the New York Municipal Home Rule Law, unless other bases of authority are indicated herein.
§ 400-2 Title.
This chapter shall be known as the "Town of Lancaster Zoning Law," the "Town of Lancaster Zoning Code," or the "Zoning Law."
§ 400-3 Purpose and intent.
A.
Purpose and intent.
(1)
The purpose and intent of this Zoning Law is to provide for the orderly growth of the Town and to promote and protect to the fullest extent permissible the environment of the Town and the public health, safety, convenience, comfort, prosperity and general welfare of its residents by regulating the use of buildings, other structures and land for residences, open space, public facilities, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, lot coverage and location of structures, by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the limits of the Town into districts of such number and dimensions in accordance with the objectives of the Comprehensive Plan; and to provide procedures for the administration and amendment of said Zoning Law.
(2)
The chapter is intended to achieve, among others, the following objectives:
(a)
Implement the Town Comprehensive Plan.
(b)
To protect the character and values of residential, institutional and public uses, business, commercial and manufacturing uses; and to ensure their orderly and beneficial development.
(c)
To provide adequate open spaces for light, air and outdoor uses to include public, common and private open space areas.
(d)
To prevent overcrowding of the land.
(e)
To promote mixed use development and walkable communities.
(f)
To prevent excessive concentration of population and, on the other hand, to prevent sparse and uncoordinated development.
(g)
To regulate and control the location and spacing of buildings on the lot and in relation to the surrounding property so as to carry out the objectives of the Comprehensive Plan of the Town.
(h)
To protect persons and property from damage and injury due to fire or flood.
(i)
To protect significant natural features and vegetation; thereby preventing ecological damage and visual blight which occur when these features or vegetation are eliminated or substantially altered to serve development purposes only.
(j)
To assure that structures and land use arrangements are aesthetically harmonious with nearby areas and structures.
(k)
To regulate the location of buildings and intensity of uses in relation to streets according to plans so as to cause the least interference with and be damaged least by traffic movements and hence result in lessened street congestion and improved public safety.
(l)
To establish zoning patterns that ensure economic extensions for sewers within existing districts, water supply, waste disposal and other public utilities, as well as improvement of recreation, schools and other public facilities.
(m)
To foster sustainable growth, including managing impacts from increased development, including traffic.
(n)
To guide the future development of the Town so as to bring about the gradual conformity and continuity of land and building uses in accordance with the objectives of the Comprehensive Plan.
(o)
To accomplish the specific intents and goals set forth in the introduction to the respective sections.
(p)
To protect the community from visual pollution resulting from the unregulated use of signs and other advertising devices.
§ 400-4 Interpretation.
A.
The provisions of this Zoning Law shall not annul or in any way interfere with existing deed or plat restrictions, easements or other agreements between persons, codes, laws, rules, regulations or permits previously adopted or issued, except those ordinances/local laws or sections thereof which are contrary to and in conflict with this chapter.
B.
Wherever this Zoning Law imposes greater restrictions upon the use of structures or land, the height or bulk of buildings, or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by deed or plat restrictions or laws, this chapter shall control; and conversely, other regulations shall control where they impose greater restrictions than this chapter, and for that purpose this chapter shall not annul, modify or impair the provisions of any existing deed or plat restrictions, easements or other agreements.
C.
In interpreting and applying the provisions of this Zoning Law, its provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and to accomplish the intent thereof. Except as specifically provided herein, it is not intended by the adoption of this chapter to repeal, abrogate or annul any existing provision of any law previously adopted relating to the use of structures and land and the design, erection, alteration or maintenance of structures thereon. Titles and headings have been inserted for convenience of reference and are not intended to define or limit the scope of or otherwise affect any provisions in this Zoning Law.
D.
Prohibited uses. Any use not specifically listed as an approved as-of-right or specially permitted use is not allowed in the Town of Lancaster.
E.
Zoning district boundaries. Where uncertainty exists with respect to the boundaries of various districts, as shown on the Zoning Map, the following rules shall apply:
(1)
Where the designation on the Zoning Map indicates a boundary which is a street or public right-of-way, the center line of the road shall be construed to be the boundary.
(2)
Where the designation on the Zoning Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary.
(3)
The Code Enforcement Officer shall interpret the Zoning Map in the first instance.
§ 400-5 When effective.
The effective date of this Zoning Law is the date upon which it is filed in the office of the Secretary of State.
§ 400-6 Effect on existing approvals and conditions.
Any variance, site plan approval, special use permit, or other approval or conditions lawfully issued prior to the effective date of this Zoning Law, or any amendment thereof, which could be lawfully issued pursuant to provisions in effect after the effective date of this chapter shall be deemed to be valid and continue as valid after such effective date. Any structure or use lawfully authorized by any such approval which could not be so issued after such effective date shall be allowed to continue if it meets the definition of a lawful nonconforming use, subject to the provisions of this Zoning Law dealing with legally existing nonconformities. With respect to uses that have not commenced and structures that have not been constructed, this Zoning Law shall apply on its effective date to all such uses regardless of the status of permits or certificates of occupancy issued pursuant to the New York State Uniform Fire Prevention and Building Code.[1]
§ 400-7 Compliance required.
A.
No structure or building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, height, and building regulations hereinafter designated for the district in which such building or open space is located, and upon issuance of all approvals required by this Zoning Law.
B.
No use shall be conducted or changes, or property altered in any manner except in conformity with this Zoning Law.
C.
No lot area shall be reduced, altered, or subdivided as to create a nonconforming lot.
D.
No use is permitted unless specifically authorized herein.
E.
Nothing in this chapter shall be read as eliminating the requirement for compliance with any chapter of the Town of Lancaster Code.
§ 400-8 Certificate of compliance required.
A.
No land shall be occupied or used, and no structure erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of compliance shall have been issued by a Code Enforcement Officer stating that the structure and use appear to comply with all applicable provisions of this Zoning Law, including with any approval conditions that may be applicable. No change in any use shall be made to any structure or part thereof, except in conformance with a certificate of compliance issued by a Code Enforcement Officer. Where a certificate of occupancy is required under Chapter 140, Article II, Building Code Administration, the certificate of occupancy shall constitute the certificate of compliance and all requirements for a certificate of compliance shall apply to the certificate of occupancy, in addition to those set forth in Chapter 140, Article II.
B.
Existing building certificate of compliance. A certificate of compliance for any existing structure or use of land may be obtained by applying to a Code Enforcement Officer and supplying the information and data necessary to determine compliance with the Zoning Law.
C.
No estoppel effect. A Code Enforcement Officer shall use his or her best efforts to ensure that all Code provisions are complied with prior to issuance of any certificate of compliance. But if later inspection or events disclose any noncompliance with Town Code or this Zoning Law, issuance of a certificate of compliance shall in no manner limit the right of the Town to enforce its Code and this Zoning Law through all civil and/or criminal remedies available.
D.
No liability for damages. This Zoning Law shall not be construed to hold the Town responsible for any damages to persons or property by reason of inspections made pursuant to an application for a certificate of compliance or issuance of or failure to issue a certificate of compliance, and nothing in this Zoning Law shall be construed to impose a duty upon the Town towards any person or property.