Niagara City Zoning Code
ARTICLE I
General Provisions
§ 245-1 Short title.
This chapter may be cited as the "Zoning Code of the Town of Niagara."
§ 245-2 General.
A.
Pursuant to the authority conferred by Article 16 of the New York Town Law, and for each and every one of the purposes specified therein, the Town Board of the Town of Niagara has enacted and does hereby enact this chapter regulating and restricting the height, number of stories and size of buildings and other structures, the percentage of the lot that may be occupied, the size of yards, courts and other open spaces, density of population and the location and use of buildings, structures and land for trade, residence or other purposes.
B.
Nothing herein contained shall be construed to affect structures or subdivision plats which are now in existence, provided that they do not endanger the health, safety and movement of the residents of the Town or the general public, except as noted herein. Nothing in this provision shall be deemed to authorize the expansion or alteration of any nonconforming use.
§ 245-3 Purpose and intent.
The purpose of the code is to encourage the most appropriate use of the land throughout the Town and to conserve the value of property, with due consideration for the character of the zones and their peculiar suitability for particular uses; all in accordance with a comprehensive plan designed to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population, to encourage the flexible design and development of land so as to promote the most appropriate use of lands, to facilitate the adequate and economic provision of streets and utilities, to preserve the natural and scenic qualities of our lands and to enhance the quality of the Town.
§ 245-4 Rules of interpretation.
A.
The provisions of this code shall be interpreted as providing minimum requirements adopted for the purpose of promoting the health, safety, morale and general welfare of this community.
B.
It is not intended by this code to repeal (except as herein stated), to abrogate or impair existing conditions previously made, or permits previously issued, relating to the use of buildings or premises, nor to impair or interfere with any easements, covenants or agreements existing between parties; but wherever this code imposes a greater restriction upon the use of buildings or premises than is required by existing provisions of law, regulations or permits, or by such easements, covenants or agreements, the provisions of this code shall control.
§ 245-5 Conflict with other codes.
Whenever any provision of this code is at variance or conflict with any other provisions hereof or any other statute, ordinance or regulation covering any of the same subject matter, the more restrictive or the one imposing the higher standard shall govern.
§ 245-6 When effective.
This code shall take effect immediately after the same shall have been published and posted as provided by § 264 of the Town Law or immediately upon personal service thereof as therein provided.
§ 245-7 Severability.
If any article, section, subdivision, paragraph or provision of this code be adjudged to be invalid, such adjudication shall apply only to such portion thereof so expressly adjudged invalid, and the remainder of this code shall be deemed to be in all respects valid and effective.
§ 245-8 Penalties for offenses.
All violations of this code, or of any regulation or provision thereof, are punishable by a fine not less than $150 and not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Violations of this chapter or of such local law, ordinance or regulation shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
§ 245-9 Certified copies.
A certified copy of this code with a certified copy of the Zoning Map attached shall be at all times accessible to any person applying to the Town Clerk in reasonable business hours for examination thereof; but no person other than officials of the Town shall be allowed to remove either the original copy or the copy herein provided for from the Town Clerk's office. The official certified copy of this Map and code shall be stored in the Town vault of the Town Hall on Lockport Road.
§ 245-10 Town activities.
This code shall not apply to the activities of the Town of Niagara or Town-owned or leased property.
§ 245-11 General requirements.
A.
Minimum measurements. All minimum measurements pertaining to lots or spaces shall be exclusive of the rights-of-way of any and all highways, streets or roadways.
B.
Right-of-way. Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
C.
District use. All yards, open space, off-street parking and required landscaping must be contained within the district in which the use is required.