Marcellus Town City Zoning Code
§ 235-19
Prohibited uses.
[Added 1-14-2013 by L.L. No. 1-2013]
A.
Prohibited uses. The following uses and activities are hereby expressly and explicitly prohibited in each and every zone within the Town, and no building or structure, permanent temporary or otherwise, shall be created, altered, maintained or erected, and no body of water, land, or building or structure thereon shall be used, for any such uses or activities:
(1)
Prohibition against the exploration for or extraction of natural gas and/or petroleum. No land in the Town shall be used: to conduct any exploration for natural gas and/or petroleum; to drill any well for natural gas; to transfer, store, process or treat natural gas; or to dispose of natural gas exploration or production wastes; or to erect any derrick, building, or other structure; or to place any machinery or equipment for any such purposes.
(2)
Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production materials. No land in the Town shall be used for: the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production materials.
(3)
Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production wastes. No land in the Town shall be used for: the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production wastes.
(4)
Prohibition against natural gas and/or petroleum support activities. No land in the Town shall be used for natural gas and/or petroleum support activities.
B.
No application to customary local distribution lines etc. The prohibited uses set forth above in this section are not intended, and shall not be construed, to:
(1)
Prevent or prohibit the right to use roadways in commerce or otherwise for travel;
(2)
Prevent or prohibit transmission lines or the transmission of natural gas through utility pipes, lines, or similar appurtenances for the limited purpose of supplying natural gas to residents of or buildings located in the Town; or
(3)
Prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, propane in connection with legal or otherwise permitted, agriculture, residential, business, light industrial and other uses within the Town.
C.
Invalidity of permits. No permit issued by any local, state or federal agency, commission or board for a land use which would violate the prohibitions of this section shall be deemed valid within the Town.