Porter Town City Zoning Code
ARTICLE I
General Provisions
§ 200-1 Short title.
This chapter shall be known as the "Town of Porter Zoning Law" for the Town of Porter in the County of Niagara, State of New York.
§ 200-2 General purpose and intent.
A.
The purpose of this Zoning Law is to provide for the orderly growth in the Town of Porter in accordance with the Town's Comprehensive Plan, adopted December 13, 2004, and Farmland Protection Plan, adopted December 11, 2006. These documents establish the goals for the Town of Porter, which are to:
(1)
Establish design and planning standards which promote and sustain the rural character of the Town.
(2)
Protect open space, scenic vistas, and environmentally sensitive land.
(3)
Protect historically and archeologically sensitive locations.
(4)
Protect and promote cohesive neighborhoods.
(5)
Protect the agricultural resources of the Town.
(6)
Promote the economic and operational viability of agricultural uses.
(7)
Promote responsible residential and commercial development.
(8)
Enhance the aesthetic aspects of the entire community.
B.
This chapter establishes and implements regulatory powers to the ends that adequate light, convenient access and safety from fire, flood and other dangers may be secured, that the taxable value of land and buildings throughout the Town may be conserved and enhanced; that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of stormwater may be lessened or avoided; that sites, areas and structures of historical, architectural and aesthetic importance may be preserved and that the public health, safety, comfort, and welfare may otherwise be promoted. To these ends, this chapter is enacted to:
(1)
Guide and regulate the orderly growth, development and redevelopment of the Town in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.
(2)
Protect the established character and the social and economic well-being of both private and public property.
(3)
Promote, in the public interest, the utilization of land for the purposes for which it is most desirable.
(4)
Regulate and limit the height, bulk and location of buildings.
(5)
Establish, regulate and limit the building or setback lines on or along streets in the Town.
(6)
Regulate and limit the density of population and the intensity of uses of lot areas.
(7)
Regulate and determine the area of yards and other open spaces within and surrounding buildings.
(8)
Classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial business, residential and other uses.
(9)
Divide the entire Town into districts according to use of land and buildings, height and bulk of buildings, intensity of use of lot areas, area of open spaces and other classifications as may be deemed best suited to regulate development.
(10)
Establish standards and guidelines to which buildings or structures in such districts shall conform.
(11)
Provide regulations pertaining to preexisting lots, structures and uses that do not conform to the regulations, standards, restrictions and limitations established by this chapter.
(12)
Provide for variances from such regulations, standards, restrictions and limitations.
(13)
Provide for special permits uses, planned development district uses and uses requiring special approval, within the established districts.
(14)
Provide for the orderly amendment of this chapter.
§ 200-3 Applicability.
A.
Relationship to other standards. 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, morals, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted local rules, regulations, statutes or ordinances, the most restrictive thereof, or those imposing the highest standards, shall govern. Nothing contained herein shall be deemed to limit the right to farm as set forth in Article 25-AA of the NYS Agriculture and Markets Law. While the regulations contained herein are intended to be followed to the greatest extent possible, there is a general understanding that the farming community may have unique situations that may require waiving certain regulations.
B.
General scope.
(1)
Territorial application. This chapter shall apply to all structures, land and uses within the limits of the Town of Porter, New York, not including the Village of Youngstown. No uses shall be permitted within any public right-of-way.
(2)
General application. All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all requirements of this chapter which are applicable to the zoning districts in which such buildings, structures, uses or land are located. Existing buildings, structures and uses that do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of Article IX relating to nonconformities.
(3)
General prohibition. No building or structure; no use of any building, structure or land shall be established, altered, moved, divided, merged or maintained in any manner except as authorized by the provisions of this chapter.
(4)
Private agreements. This chapter is not intended to annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall govern.
C.
Existing variances and special permits. Any variance or special use permit lawfully issued prior to the effective date of this chapter, or any amendment thereof, which could be lawfully issued pursuant to the provisions in effect after such effective date, shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or special permit that could not be so issued after such effective date shall be allowed to continue subject to the provisions of Article IX dealing with lawfully existing nonconformities.
D.
Building permits issued prior to effective date.
(1)
Completion of construction. Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:
(a)
A building permit for such structure was lawfully issued prior to the effective date of this chapter, or any amendment thereof;
(b)
Such permit had not by its own terms expired prior to such effective date;
(c)
Such permit was lawfully and properly issued in accordance with the law prior to such effective date; and
(d)
Construction pursuant to such permit is commenced prior to the expiration of such permit and within 90 days of its issuance and is thereafter diligently pursued to completion.
E.
Pending applications. Any complete application submitted prior to the effective date of the adoption of this Zoning Law shall proceed under the regulations in place at the time such application was determined complete.
F.
Repeal of prior provisions. Local Law No. 1 of 1968, known as "The Zoning Law of Town of Porter," and as amended to date, is hereby repealed in its entirety. Such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal had not been effected.
G.
Severability provisions declared invalid.
(1)
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter.
(2)
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of the said provision to any other property, building or structure.
H.
Effective date. This chapter shall become effective immediately on the date of its adoption. Whenever used in this chapter, the term "effective date" shall mean November 8, 2010.