Sardinia City Zoning Code
ARTICLE I
General Provisions
§ 115-1 Title.
This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Sardinia."
§ 115-2 Statutory authority.
This chapter is hereby adopted pursuant to the authority conferred by Article 16 of the Town Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York; and in accordance with the Town's Comprehensive Plan adopted on December 30, 2003.
§ 115-3 Purpose and scope.
The purpose of this chapter is to provide for the orderly growth of the Town of Sardinia by setting minimum requirements 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 general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Specifically, this chapter is adopted to:
§ 115-4 When effective.
This chapter shall take effect on the date of official adoption by the Town Board. This chapter shall apply on its effective date to all uses that have not commenced and structures that have not been constructed regardless of the status of permits or certificates of occupancy issued pursuant to the New York State Uniform Fire Prevention and Building Code.
§ 115-5 Interpretation.
A.
Interpretation. In interpreting and applying the provisions of this chapter, its provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare. Except as specifically provided, it is not intended by the adoption of this chapter to repeal, abrogate or annul any existing provisions of any law previously adopted relating to the use of structures and land and the design, erection, alteration or maintenance of structures.
B.
Existing restrictions. The provisions of this chapter shall not annul, or in any way interfere with, existing deed or plat restrictions, easements or other agreements between persons, codes, laws, rules, regulations or permits previously adopted or issued, except those codes or sections which are contrary to, or in conflict with, this chapter. Wherever this chapter imposes greater restrictions upon the use of structures or land, the height or bulk of buildings or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by deed or plat restrictions or laws, this chapter shall control; other regulations shall control where they impose greater restrictions than this chapter and for that purpose, this chapter shall not annul, modify or impair the provisions of any existing deed or plat restrictions, easements or other agreements.
C.
Prohibited uses. Any use not specifically listed as a permitted use is not allowed in the Town of Sardinia.
§ 115-6 Conflict with other provisions.
Whenever any provision of this chapter is at variance or in conflict with any other provision of this chapter or any other statute, local law or regulation covering any of the same subject matter, the most restrictive provision, or the one imposing the higher standard, shall govern.
§ 115-7 Severability.
It is hereby declared to be the intent of the Town Board that:
A.
If a court of competent jurisdiction finds any provision of this chapter invalid in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of this chapter shall continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid in whole or in part, the effect of such decision shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.
§ 115-8 Applicability to existing variances and special use 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 valid and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or special use permit which could not be so issued after such effective date shall be allowed to continue subject to the provisions of this chapter dealing with legal non conforming uses.
§ 115-9 Applicability to public utilities.
The provisions of this chapter shall not be construed to limit or interfere with the construction or operation for public utility purposes of water and gas pipes, electric light and power transmission and distribution lines, communication lines, oil pipelines, sewers, and incidental appurtenances, or with any highway or railroad right-of-way existing or hereinafter authorized by the Town of Sardinia, County of Erie or State of New York. The above exceptions shall not be construed to permit the placement of wind energy generating facilities, service yards, repair garages or other service or storage structures or uses by said public utilities except as otherwise permitted by this chapter.
§ 115-10 Compliance required.
A.
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, height and building location regulations hereinafter designated for the district in which such building or open space is located, and upon issuance of all approvals required by this chapter.
B.
No use shall be conducted or changed or property altered in any manner except in conformity with this chapter.
C.
No lot area shall be reduced, altered or subdivided as to create a nonconforming lot. All division of land shall be approved by the Town Board and consistent with the Town's subdivision regulations.
D.
Nothing in this chapter shall be read as eliminating the requirement for compliance with any other chapter of the Town Code.
§ 115-11 Certificate of occupancy.
A.
No land shall be occupied or used, and no structure erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Code Enforcement Officer, stating that the structure and use appear to comply with all applicable provisions of this chapter. No change in any use shall be made to any structure or part thereof, except in conformance with a certificate of occupancy issued by the Code Enforcement Officer.
B.
Conditional certificate of occupancy. If the Code Enforcement Officer finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a conditional certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The conditional certificate shall state the items to still be completed and/or the portions of the building approved for occupancy. Certificates may be issued for a period of up to one year by the Code Enforcement Officer, and may be extended for up to an additional six months at a time by the Town Board. The Board may require a performance bond to guarantee completion of the project.
(1)
The applicants must stipulate in their request for a conditional certificate that they agree to maintain the conditions stipulated in their request for partial occupancy for the duration of construction on the site. They must agree that if they fail to obtain a full certificate of occupancy for the entire building, they will vacate the premises and terminate all occupancy until successfully obtaining a full certificate of occupancy for the building.
C.
No estoppel effect. The Code Enforcement Officer shall use his or her best efforts to ensure that all code provisions are complied with prior to issuance of any certificate of occupancy. But if later inspection or events discloses any noncompliance with Town codes, issuance of a certificate of occupancy shall in no manner limit the right of the Town to enforce its codes through all civil and/or criminal remedies available.
D.
No liability for damages. This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of inspections made pursuant to an application for a certificate of occupancy or issuance of or failure to issue a certificate of occupancy, and nothing in this Code shall be construed to impose a duty upon the Town towards any person or property.