In accordance with state law 1 , this title regulates structures and land uses in the village and one and one-half (11/2) mile extraterritorial jurisdiction, to the extent as allowed by law, as depicted on the "Village Of North Utica Zoning Map" and the "Village Of North Utica 11/2 Mile Extraterritorial Zoning Jurisdictional Map" in order to preserve, protect, and promote the public health, safety, and welfare. More specifically, this title is intended to assist in achieving the following purposes:

   A.   To classify, regulate, and limit the height, area, bulk, and use of buildings.

   B.   To regulate and determine the area of front, side, and rear yards, and other open spaces around buildings.

   C.   To regulate and determine the use and intensity of use of land and lot areas.

   D.   To classify, regulate, and restrict the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses.

   E.   To protect and preserve the character, value, and stability of the residential, business, industrial, agricultural, and public areas within the village and such adjacent unincorporated areas as may be permitted by state statutes, and to promote the orderly and beneficial development of such area.

   F.   To divide the entire village into districts of such number, shape, and area, and of such different classes as are deemed best suited to carry out these purposes.

   G.   To fix standards to which buildings or structures therein shall conform.

   H.   To prohibit uses, buildings, or structures incompatible with the character of such districts.

   I.   To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations herein lawfully imposed.

   J.   To provide for a planning commission and board of appeals and prescribe their powers and duties.

   K.   To provide for the enforcement and amendment of this title.

   L.   To provide penalties for the violation of this title.

   M.   To provide for the gradual elimination of nonconforming uses of land, buildings, and structures that are adversely affecting the character, the intended use, or the value of desirable development as specified for each district.

   N.   To control floodplain uses such as fill, dumping, storage of materials, structures, buildings, and any other works that, acting alone or in combination with other existing or future uses, will cause damaging flood heights and velocities by obstructing flows and reducing valley storage.

   A.   Compliance With Provisions:

      1.   No building or land shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located.

      2.   All buildings or structures erected hereafter, all uses of buildings, structures or land established hereafter, and all structural alteration or relocation of existing buildings or structures occurring hereafter shall be subject to all regulations of this title, or any amendment hereto, that are applicable to the zoning districts in which such buildings, structures or parcels of land shall be located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and provided that construction was begun before the effective date hereof, or any amendment hereto, and completion is accomplished within one year of the effective date hereof, or any amendment hereto, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied for the use for which originally designated, subject thereafter to the provisions of this title.

   B.   Minimum Requirements: In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the safety, health, convenience, comfort, prosperity, and general welfare.

   C.   Conflicting, More Restrictive Provisions:

      1.   It is not intended by this title to interfere with, abrogate, amend, or repeal any ordinance, rules, or regulations previously adopted and not in conflict with any of the provisions of this title or which shall be adopted pursuant to law relating to the use of buildings or premises, nor is it intended by this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; except, that where this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such easements, covenants, or other agreements, the provisions of this title shall control.

      2.   In the case of any conflict between this title, or part thereof, and the whole or part of any existing or future private covenants or deeds, the most restrictive shall apply.

   D.   Validity: Should any section, clause, or provision of this title be declared by the courts to be invalid, the same shall not affect the validity of this title as a whole or any part thereof other than the part so declared invalid. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)