Mc Graw Village City Zoning Code
ARTICLE I
General Provisions
§ 175-1 Legislative authority; purpose.
Pursuant to the authority conferred by § 7-700 of the Village Law of the State of New York and in order to encourage the most appropriate use of land, this chapter has been established to promote and protect the health, safety and general welfare of the community by channeling and directing growth and by regulating and restricting the height, the number of stories and the size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population and the location, occupancy and use of buildings and other structures; to divide the Village into districts; to provide for this chapter's administration and enforcement; and to prescribe penalties for the violation of any of its provisions.
§ 175-2 Title.
This chapter shall be known and may be cited as the "Village of McGraw Zoning Law."
§ 175-3 Existing land uses; violations.
Any land use activity existing on the effective date of this chapter which was previously authorized or approved by the Board of Trustees, Planning Board, Zoning Board of Appeals, Building Inspector or Code Enforcement Officer having jurisdiction to render such approvals may continue to be used in accordance with the terms and conditions provided incidental thereto; provided, however, that where such use would be permitted subject to less stringent controls under the terms of this chapter, then the terms of this chapter shall prevail. Where the terms of this chapter are, however, more restrictive, then such use shall, for purposes of any subsequent modifications, enlargements or changes in use, be subject to the provisions of this chapter as if such uses were new uses.
Any land use activity existing on the effective date of this chapter which is in violation of any prior applicable regulations or terms and conditions of any special authorization shall become lawful only to the extent that such activity complies with this chapter. However, such compliance shall not excuse or be used to abate or enjoin the prosecution of such violations, whether initiated prior to or subsequent to the effective date of this chapter.
The Village may obtain an action to restrain by injunction any violation of this chapter or any failure to comply with any of the provisions of this chapter.
§ 175-4 Interpretation, conflicts with other provisions, severability.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety or general welfare. Whenever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standard shall govern.
Should any section or provisions of this chapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
§ 175-5 Repeal of prior provisions; effect on prior rights, acts and offenses.
The Village of McGraw zoning laws previously in effect and all amendments thereto shall be and hereby are repealed on and as of the effective date of this Zoning Law.
The adoption of this Zoning Law shall not affect or impair any permit granted, any act done, offense committed, or right accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the effective date of this Zoning Law, or under any prior Zoning Law of the Village of McGraw; but the same may be enjoyed, ascertained, enforced, prosecuted or inflicted as fully and to the same extent as if this Zoning Law had not been adopted.
This Zoning Law is enacted pursuant to the Municipal Home Rule Law.