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Schodack City Zoning Code

ARTICLE I

General Provisions

§ 219-1 Title.

This chapter shall be known and may be cited as the "Zoning Law of the Town of Schodack, New York."

§ 219-2 Scope.

This chapter regulates and restricts the location, construction, alteration, occupancy and use of buildings and structures and the use of land in the Town of Schodack and, for said purposes, divides the Town into zoning districts.

§ 219-3 Statutory authority; purpose.

This chapter is enacted pursuant to the Town Law of the State of New York, Chapter 62, Article 16, of the Consolidated Laws, and may be reviewed and amended, as may be necessary, at any time to protect and promote the public health, safety and general welfare, specifically including the following additional purposes:
A. 
The facilitation of the efficient, economical and adequate provision of public utilities and services.
B. 
The assurance of adequate sites for residential, agricultural, industrial and commercial uses.
C. 
The provision of privacy for families and the maximum protection of residential areas.
D. 
The prevention and reduction of traffic congestion, so as to promote efficient and safe circulation of vehicles and pedestrians.
E. 
The gradual elimination of nonconforming uses.
F. 
The conservation of the taxable value of land and buildings throughout the Town, while enhancing the appearance of the Town of Schodack as a whole.
G. 
The encouragement of flexibility in the design and development of land.
H. 
The protection of the general environment in compliance with the objectives of applicable State and Federal regulatory programs.
I. 
The protection of the natural resources of the community, including but not limited to the protection of the water resources of the Town.
J. 
The development of land and the use thereof to enable businesses and land developers to take the greatest opportunity to properly utilize solar energy, provided that such uses comply with provisions contained herein.
K. 
The development of land and the use thereof for the protection and enhancement of agricultural lands as part of any agricultural district, as established in accordance with the New York State Agriculture and Markets Law.

§ 219-4 Jurisdiction.

These regulations govern the use, development, and protection of all land and structures within the unincorporated areas of the Town of Schodack, New York, said territory being indicated on the Zoning Map on file at the Schodack Town Hall. The map and its boundaries shall be incorporated and made part of this chapter.

§ 219-5 Existing violations.

No subdivision, site plan or special use permit shall be approved, no Building and Zoning Permit, certificate of use, or certificate of occupancy issued, or variance granted under this chapter for any premises upon which there is an existing violation of this chapter or any related Town, County or State regulation governing either building construction, development or the use of land, buildings and structures within the Town of Schodack. This limitation does not, however, prohibit such an approval, issuance, or grant with respect to a legal nonconforming use or legal nonconforming structure.

§ 219-6 Severability.

If any part of this chapter is declared to be invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of said chapter as a whole, or any other part of said chapter. The Town Board hereby declares that it would have adopted this chapter and each part thereof irrespective of the fact that any one or more of the parts may be declared invalid.

§ 219-7 Supersession of inconsistent laws.

The Town Board hereby declares its legislative intent to supersede any provision of any local law, rule, or regulation or provision of the Town Law inconsistent with this chapter. The Town Law provisions intended to be superseded include all of Article 16 of Town Law, §§ 261 to 285, inclusive, and any other provision of law that the Town may supersede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York. The courts are directed to take notice of this legislative intent and apply it in the event the Town has failed to specify any provision of law that may require supersession. The Town Board hereby declares that it would have enacted this chapter and superseded such inconsistent provision had it been apparent.

§ 219-8 Interpretation; conflict with other laws.

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, safety, or the general welfare. Whenever the requirements of this chapter are inconsistent with the requirement of any other lawfully adopted rules, regulations, zoning laws or local laws, the more restrictive provisions, or those imposing the higher standards, shall govern.

§ 219-9 Fees.

The Town Board reserves the right to impose such fees and expenses as may be determined to be appropriate and necessary for the administration and enforcement of this Zoning Law. The amount of such fees which shall be due and owing as set forth in this Zoning Law, including but not limited to Building Department fees, Town Board fees, Planning Board fees, and Zoning Board of Appeals fees, shall be determined by separate local law or resolution, and as may be amended from time to time by the Town Board.

§ 219-10 When effective.

The Town of Schodack Zoning Law, and its Zoning Map and attachments, shall become effective immediately upon its filing in the Office of the Secretary of State of the State of New York, in accordance with the applicable provisions of law, specifically § 27 of the Municipal Home Rule Law.