Waverly Village City Zoning Code
ARTICLE I
Purpose and Application
§ 153-1 Purpose; supersession of prior ordinance.
A.
The purpose of this chapter is to provide for the planned orderly growth of the Village of Waverly, New York, in accordance with the Comprehensive Development Plan as adopted by the Village Board of Trustees on March 10, 1981. It is meant to preserve and protect the value of property; to prevent the forces of conflicting land use from destroying the ambient qualities of life as proposed in the Comprehensive Development Plan; to lessen the hazards of congestive trafficking in and through the economic livelihood of Village life; to secure the safety and welfare of Village residents; and to facilitate the timely provision of public services in order to promote the health, safety and general welfare of the public in a manner that is environmentally sound.
B.
To encourage the facilitation of the Comprehensive Development Plan, it is the further purpose of this chapter to replace and negate the Village of Waverly Zoning Ordinance adopted on April 11, 1949.
§ 153-2 Application of regulations.
A.
Except as hereinafter provided, no building or structure shall be moved, erected, altered, or extended and no land or air space, building or structure and/or any part thereof, shall be occupied or used unless in conformity with the regulations herein provided for each created district in which such land, airspace, building or structure is located.
B.
No part of required open space about any building or structure hereinafter provided shall be used for purposes other than for which it is intended.
C.
All uses not specifically listed within the created districts shall be prohibited unless a special permit for such use has been issued by the Village Planning Board after the due process of site plan review hereinafter specified (see Article V).
D.
This chapter shall not apply to any existing buildings or structures, nor to existing uses of any building, structure or land prior to the adoption of this chapter.
E.
All definitions of words, uses and terms are listed in Article X and are part of this chapter. Any interpretation of such definitions shall be referred to the Zoning Board of Appeals upon appeal from a decision made by an authorized agent or agency created in this chapter.
F.
Conforming uses.
[Amended 6-8-2004 by L.L. No. 2-2004; 7-22-2014 by L.L. No. 2-2014]
(1)
The lawful use of any building or use of land existing at the time of the enactment of the local law from which this chapter is derived may be continued, although such use may not conform with the provisions of this chapter, except as hereinafter provided.
(2)
A nonconforming use may be changed to a conforming use, and when so changed to a more restrictive classification, it shall not thereafter resume the less restrictive use.
(3)
No building which has been damaged by fire or other natural causes to the extent of more than 100% of its assessed value for county tax purposes shall be repaired or rebuilt except in conformity with the regulations of this chapter. If a building is damaged less than 100% of its assessed value for county tax purposes it may be rebuilt on the original footprint of the building in conformity with the regulations of this chapter.
(4)
No nonconforming building shall be altered, nor any nonconforming use of a building or land extended, except as authorized by the Planning Board.
(5)
When a nonconforming use has been abandoned or discontinued for a period of 12 consecutive months from a date to be determined by the Code Enforcement Officer, such nonconforming building or use shall not be reestablished except by a variance granted by the Board of Appeals. Any subsequent use of such building or land shall be in conformance with the provisions of this chapter for the district in which such building or land is located.