North Collins Town City Zoning Code
ARTICLE III
Zoning Districts
§ 265-5 Establishment of districts.
[Amended 4-9-1975 by L.L. No. 1-1975]
The area of the Town of North Collins outside the incorporated area of the Village of North Collins is hereby divided into the following zoning districts:
A.
Residence districts:
R-1 | Single-Family Residence District | |
R-2 | General Residence District | |
R-M | Residence-Mobile Home Court District | |
R-A | Residence-Agricultural District | |
R-C | Residence-Restricted Business District |
B.
Business districts:
C-1 | Local Retail Business District | |
C-2 | General Commercial District |
C.
Industrial districts:
M-1 | Planned Light Industrial District | |
M-2 | General Industrial District |
§ 265-6 Zoning Map.
The location and boundaries of any or all of the aforementioned zoning districts are shown on the map entitled "Town of North Collins Zoning Map," which, with all explanatory matter thereon, is hereby incorporated into this chapter and shall be as much a part of this chapter as if fully set forth and described herein.[1] As evidence of the authenticity of the Zoning Map, said map and all amendments thereto shall be duly certified by the Town Clerk and shall be posted and filed according to Article 16 of the Town Law. The Town Board shall determine which, if not all, of the aforesaid zoning districts mentioned in the text of this chapter shall appear, by location and boundaries, on the Zoning Map at any given time.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
§ 265-7 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Town of North Collins Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
C.
Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
D.
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
§ 265-8 Applicability.
Except as hereinafter provided:
A.
No building, other structure or land shall hereafter be used or occupied and no building or other structure or part thereof shall be erected, relocated, altered, extended or enlarged unless in conformity with the use, height and area regulations specified herein for the district in which such building, other structure or land is located and in conformity with all other regulations of this chapter.
B.
No lot area shall be reduced or diminished so that the yards or other open space thereon shall be less than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with area requirements herein established. If, at the time of adoption of this chapter or of any subsequent amendment increasing the area or open space requirements, the lot area or required open spaces are less than the minimum required by this chapter, such area or open space shall not be further reduced.
C.
No yard or other open space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.
§ 265-9 Certain public uses excluded.
[Amended 12-4-1991 by L.L. No. 2-1991]
The regulations of this chapter shall not be so construed as to limit or interfere with the dedication, development or use of any land or building for public parks, public playgrounds or public schools required for compulsory education; or with the use of land or buildings owned by the United States Government, the State of New York, the County of Erie or the Town of North Collins and used for governmental purposes; or with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains or conduits, electric light or electric power transmission or distribution lines, telephone or telegraph lines, oil pipelines, sewers, sewer mains or incidental appurtenances; or with any highway or railroad right-of-way existing or hereafter authorized by the State of New York, duly constituted public authorities of the State of New York, the County of Erie or the Town of North Collins. These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by said public utilities which are otherwise prohibited by this chapter in appropriate districts.
§ 265-10 Prior approved building permits.
Nothing contained in this chapter shall prevent the construction of a building or other structure for which a building permit has been lawfully issued and which is made nonconforming by this chapter or subsequent amendments thereto, provided that either:
A.
Construction of the foundation shall have commenced prior to the nonconforming date and construction thereafter is diligently prosecuted; or
B.
The Zoning Board of Appeals makes a finding that substantial expenditures have been made or substantial financial obligations have been incurred for such nonconforming building or structure prior to the nonconforming date.
§ 265-11 Construal as minimum provisions; conflict with other provisions.
A.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to promote and protect the public health, safety, comfort, convenience and prosperity and other aspects of the general welfare.
B.
Whenever any provision of this chapter is at variance or conflict with any other provision of this chapter or any other statute, local ordinance or regulation covering any of the same subject matter, the most restrictive provision or the one imposing the higher standard shall govern.