Yates Town City Zoning Code
ARTICLE I
Enactment and Intent
§ 240-1 Title.
The title of this chapter is the "Zoning Local Law of the Town of Yates, Orleans County, New York," and shall include this text, and Zoning Map.[1] All existing zoning ordinances and local laws of the Town of Yates, Orleans County, New York, are hereby repealed upon the effective date of this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Town Clerk's office.
§ 240-2 Purpose.
This chapter is adopted pursuant to the Town Law of the State of New York, to promote and protect the public health, safety and general welfare and in furtherance of the following related and more specific purposes:
A.
To protect the open, rural and natural character of the land.
B.
To preserve the Town's natural resources and habitats.
C.
To guide and regulate the orderly growth, development and redevelopment of the Town of Yates in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.
D.
To encourage the use of alternative energy systems and protect solar and wind access.
E.
To encourage the use of the Lake Ontario Waterfront in the Town of Yates, as a unique resource and to protect it from incompatible uses that may compromise the aesthetic quality of the area, increase the potential for flooding and erosion, or damage the natural environment in a way that restricts its use and enjoyment by the residents of the Town.
§ 240-3 Application of regulations.
The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
B.
No building or structure shall hereafter be erected or altered which:
(1)
Exceeds the height limitation for any structure within a specified district;
(2)
Accommodates or houses a greater number of dwelling units than is permitted within a specified zoning district;
(3)
Occupies a greater percentage of lot area than is permitted by the zoning schedule; or
(4)
Has narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter or the requirements of the Codes of New York State.
C.
No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with the regulations set forth herein, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in §§ 240-42 and 240-43.
D.
No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
E.
There shall be no more than one principal building on a single lot of record.
§ 240-4 Conflicts with other laws.
Whenever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations, codes, or local laws, the most restrictive of such rules, regulations, codes, or s or those imposing the higher standards shall govern.
§ 240-5 Validity and severability.
Should any section of or provision of this chapter be decided by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this chapter as a whole, or any part thereof, other than the part so decided to be unconstitutional or otherwise invalid.
§ 240-6 Fees.
Permit fees shall be collected and paid according to the fee structure in effect at the time of application. A fee schedule is posted at the Town Clerk's Office and Code Enforcement Officer's Office.
§ 240-7 Violations and penalties.
Any person, firm, corporation or other business entity who violates, disobeys, neglects or refuses to comply with any provision of this chapter shall be guilty of an offense and, upon conviction thereof, shall be subject to a fine of a minimum of $100 and not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which are committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; for a third or subsequent offense, all of which are committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation and offense.
§ 240-8 Actions.
A.
If the Code Enforcement Officer discovers a project commencing or operating without the required permits, he shall undertake enforcement actions as authorized by this chapter and other provisions of NYS law.
B.
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 of the provisions of this chapter.
§ 240-9 Enforcement.
Any building or structure erected, or any use conducted without a zoning permit or certificate of compliance, where required, or not in conformity with the provisions of this chapter, may be removed, closed or halted at once by the Code Enforcement Officer with the issuance of a stop order, with assistance, if deemed necessary, of any appropriate Town office or employee.
§ 240-10 Consistency with Comprehensive Plan.
The provisions and regulations of this chapter and interpretations thereof, shall be made in accordance with the objectives of the Town's Comprehensive Plan and shall be consistent with the comprehensive Local Waterfront Development Policy (LWDP). The LWDP is a document available for public review during normal business hours.
§ 240-11 Effective date.
This chapter shall take effect 30 days after the adoption and filing with the Department of State as provided by the NYS Town Law and Municipal Home Rule Law.
§ 240-12 Amendments to zoning.
A.
Procedure. The Town Board may from time to time on its own motion, on petition or on recommendation of the Planning Board, and in accordance with the laws of the State of New York, amend, supplement or repeal the regulations, provisions or district boundaries of this chapter, after public notice and hearing.
B.
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map established herein shall be filed with the Town Clerk and accompanied by the appropriate fees. The Clerk shall transmit the documentation to the Town Board. A petition for a change to the Zoning Map shall contain a map which clearly describes the affected property and its boundaries and shall indicate the existing zoning district and the requested zoning change. In addition, every petition for a change to the Official Zoning Map shall contain an environmental assessment form completed and signed by the petitioner, or agent, in accordance with the procedures set forth in state environmental quality review (SEQR) regulations.
C.
Referral to Planning Board. Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing and within 45 days after the date of referral by the Town Board. If the Planning Board shall fail to file such a report, it shall be conclusively presumed that the Planning Board has approved the proposed amendment, supplement or change.
D.
Public hearing; notice; referrals; recording of actions.
(1)
The Town Board by resolution adopted shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as provided by Town Law or Municipal Home Rule Law.
(2)
Unless otherwise provided, the provisions of the Town Law of the State of New York pertaining to public hearings, official notices, referrals to the County Planning Board, and proper recording of zoning actions taken by the Town Board shall apply to all amendments to this chapter.
E.
Notification of property owners.
(1)
For Zoning Map amendments initiated by petition, all property owners within a distance of 500 feet of any proposed change or amendment shall be notified by mail.
(2)
The applicant shall place one sign on the property for which a rezoning is requested. Said sign shall be provided by the Code Enforcement Officer. The sign shall be placed in a location which is easily read from a public street. The sign shall specify the date, time and place of the public hearing and a telephone number to call for more specific information. Such sign shall be placed on the site not less than 10 days prior to the public hearing and shall be brought to the hearing by the applicant or his designated representative.
F.
Disposition final; rehearing on petition. The disposition of a petition for amendment by the Town Board shall be final and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such previous denial unless the Planning Board shall submit a recommendation, with reasons stated therefore, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board. Such rehearing may be granted only upon a favorable vote of a majority of the Town Board plus one.