Royalton Town City Zoning Code
ARTICLE I
General Provisions
§ 200-1 Title.
This chapter shall be entitled the "Zoning Law of the Town of Royalton." The Zoning Ordinance of April 2, 1955, as revised and amended, is hereby repealed upon the effective date of this chapter. Such repeal will not affect or impair any act done, violation committed or right accruing or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, prosecuted or enforced as fully and to the same extent as if such repeal had not taken place.
§ 200-2 Purpose.
This chapter is adopted pursuant to the Municipal Home Rule Law and Town Law of the State of New York to promote and protect the health, safety and general welfare of the Town of Royalton. It is the purpose of this chapter to encourage the most appropriate use of land throughout the Town and to conserve the value of property. Particular objectives include the following:
A.
To protect and conserve the open, rural and natural character of the land.
B.
To preserve the Town's agricultural resources, protect the agricultural economy, and to encourage customary farming practices within the Town of Royalton.
C.
To preserve and protect significant natural features and vegetation, thereby preventing ecological damage and visual blight which could occur if these features or vegetation were substantially altered to serve development purposes only.
D.
To provide for the planned growth of agricultural, residential, commercial and industrial use of the land consistent with the economic and social needs of the community and its development policies.
E.
To secure safety from fire, flood, panic and other dangers.
F.
To prevent the overcrowding of land and to avoid undue concentration of population, and to that end, to regulate the height and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards and other open spaces; the density of population and the location and the use of buildings, structures and land for various uses.
G.
To encourage structures and land use arrangements which are aesthetically harmonious with nearby areas and structures.
H.
To eliminate nonconforming uses gradually.
I.
To lessen and, where possible, to prevent traffic congestion on public streets and highways.
J.
To establish zones and zoning patterns designed to afford economical extensions for public water supplies and public sewers and other public utilities as well as the development of recreational and other public facilities.
§ 200-3 Conflict with other laws; interpretation.
Whenever the requirements of this chapter conflict with the requirements of any other laws, rules, regulations, codes or ordinances, the most restrictive of such laws, rules, regulations, codes or ordinances or those imposing the higher standards shall govern. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience, and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with the existing provisions of law or with any permits previously adopted or issued; nor is it intended by this chapter to interfere or abrogate or annul any easements, covenants or other agreements between the parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits, or by such easement, covenant or agreement, the provisions of this chapter shall control.
§ 200-4 Fees.
Permit fees shall be collected and paid according to the fee schedule which shall be in effect at the time of the application. A fee schedule shall be posted on the official bulletin board in the Town Clerk's Office.
§ 200-5 Penalties for offenses.
A violation of any of the provisions of this Zoning Law by an owner of land and/or a builder or contractor shall constitute an offense punishable either:
A.
By the imposition of a fine not exceeding $350 or imprisonment for a period not exceeding six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $350, nor more than $750, or imprisonment for a period not exceeding six months, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $700 not more than $1,000, or imprisonment for a period not exceeding six months, or both; or
B.
By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
C.
Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
§ 200-6 Actions.
The Town may maintain an action for a temporary restraining order, temporary injunction or injunction to restrain, correct or abate any violation of this chapter or any failure to comply with any provisions of this chapter. Such action by the Town may be in addition to any prosecution charging a violation of this chapter as referred to in § 200-5 above and may include a civil judgement for the costs of any acts necessary to correct any violations as well as recovering the Town's legal fees and costs.
§ 200-7 Removal of violations.
A.
Any building or structure erected, or any use conducted without a zoning or certificate of occupancy, where required, or not in conformity with the provisions of this chapter, may be removed, closed or halted at once by the Zoning Enforcement Officer with the issuance of a stop order, with the assistance, if deemed necessary, of any appropriate peace officer, Town officer or employee.
B.
Any person aggrieved by any stop order may apply within 10 days of said order to the Zoning Board of Appeals for review of said order. A notice of the right to appeal shall be included with the stop-work order.
§ 200-8 Effective date.
This chapter shall take effect on the 20th day after the same has been adopted by the Town Board, provided it has been filed in accordance with § 27 of the Municipal Home Rule Law, and further provided that there has been published once in the official newspaper of the Town a public notice of its adoption thereof containing a brief description of the provisions thereof and a statement that the full text thereof can be inspected at the office of the Town Clerk.