South Bristol Town City Zoning Code
ARTICLE I
Enactment and Intent
§ 170-1 Title.
This chapter shall be known as the "Zoning Law of the Town of South Bristol, Ontario County, New York State."
§ 170-2 Purpose.
The purpose of this chapter is to promote the health, safety and general welfare of the Town of South Bristol by regulating and restricting the height and size of buildings, number of stories and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, commerce, industry, residence, agriculture, essential services or other purposes, after reasonable consideration, among other things, of the character of the Town and its peculiar suitability for particular uses, in order to conserve and enhance natural resources and land values and to protect the existing properties and environment. This chapter and the Zoning Map are designed to prevent overcrowding of land and to avoid undue concentration of population and to facilitate the efficient and adequate provision of public facilities and services and to establish penalties for the violation of such regulations. It is the further purpose of this chapter to conserve and promote wherever possible the natural beauty of the land, its lakes, streams, forests and hills to the end that they may be enjoyed to the fullest by this and succeeding generations of Town residents and others by encouraging the most appropriate use of land throughout the Town.
§ 170-3 Interpretation and construal.
The provisions of this chapter shall be held to be the minimum standards and requirements for the health, safety and general welfare. If any section, paragraph, subdivision, or provision of this chapter shall be held invalid, such invalidity shall apply only to the section, paragraph, subdivision or provision adjudged invalid, and the rest of this chapter shall remain valid and effective. This chapter shall be strictly construed to promote the purposes of this chapter as above set forth.
§ 170-4 Conflict with other provisions.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or laws, the most restrictive shall govern.
§ 170-5 Authority to amend.
The Town Board may, on its own motion or on petition or on recommendation of the Planning Board, after public notice and hearing, amend, change, or repeal this chapter and/or the Zoning Map, pursuant to the provisions of the New York State Town Law applicable thereto. Every such proposed amendment shall be first referred to the Planning Board for report prior to public hearing thereon.
§ 170-6 Repealer.
The text of the Zoning Ordinance and Zoning Map of the Town enacted by the Town Board on December 23, 1969, and as amended, are hereby reenacted and amended in their entirety as set forth below, superseding all previous enactments and amendments, and, from their taking effect, all such previous enactments and amendments thereto shall be repealed. Such repeal shall not affect or impact any act, liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be employed, asserted, enforced or prosecuted as fully and to the same extent as if such repeal had not been affected.
§ 170-7 Applicability; pending applications.
Applicability. This chapter, and any amendment thereof to which this section is expressly made applicable, shall apply to all applications pending and not yet finally decided on the effective date thereof to which it would apply if filed on such effective date; provided, however, that in any case where a public hearing has been held with respect to such pending application prior to such effective date, the application shall be decided in accordance with the law in effect on the date of such hearing. Applications pending on the date of any amendment of this chapter to which this section is not expressly made applicable shall be decided in accordance with the law in effect on the date such application was filed.
Duty of Town officials. Within 20 days following the effective date of this chapter, or any amendment thereof to which this section is expressly made applicable, any Town official, department, bureau, agency, board or commission then having pending before it any application to which this chapter, or such amendment of it, applies pursuant to Subsection A of this section shall transmit a copy of such application to the Code Enforcement Officer.
Duty of Code Enforcement Officer. Within 30 days of the effective date of this section, or any amendment of this chapter to which this section is expressly made applicable, the Code Enforcement Officer shall inform each applicant named on each application referred to him pursuant to Subsection B of this section that his application is subject to the provisions of this chapter, as amended, and will be processed in accordance therewith; that he may within 30 days of the mailing of such notice refile, without fee, his application on the basis of this chapter, as amended; and that if he does not so refile, his application may be denied for noncompliance with the provisions of this chapter, as amended.
Duty of applicant. Notwithstanding the foregoing provisions, it shall be the responsibility of each applicant having an application pending on the effective date of this section, or any amendment of this chapter to which this section is expressly made applicable, to modify such application in accordance with the terms and provisions of this chapter, as amended, and the failure to do so may result in denial of such application for failure to comply with this chapter, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this chapter, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.
Processing of pending applications. Upon the refiling of any pending application as herein provided or upon notification from the applicant that he will not refile or modify his application or upon the expiration of 60 days following the effective date of this chapter or any amendment thereof to which this section is expressly made applicable, whichever occurs first, such pending application shall be processed in accordance with the terms of this chapter, as amended, and such date shall be treated as the filing date of such application.