This chapter shall be known and may be cited
as the "Town of Brownville Zoning Law."
This chapter is enacted pursuant to the authority
granted under Article 16 of the Town Law and § 10 of the
Municipal Home Rule Law.
The Town Board of the Town of Brownville hereby
finds that:
A.
Increased development activity has heightened public
awareness and concern about uncontrolled development patterns, congested
shoreline development, declining agricultural land use, increased
land subdivision and impacts on the rural character and natural resources
of the community.
B.
A Comprehensive Plan was adopted on August 9, 1989,
to serve as a general guide for future land use and development in
the town. The enactment of zoning regulations is a necessary and appropriate
means of implementing such plan and the recommendations therein.
A.
The purpose of this chapter is to promote the public
health, safety and general welfare of the community by setting forth
regulations and restrictions on the location and use of buildings,
structures and land for residence, business, industry, agriculture
or other purposes; the density of population; the size of buildings;
the percentage of lot coverage; and the size of yards, courts and
other open spaces.
B.
In furtherance of the general purpose, the regulations
and restrictions of this chapter are intended to accomplish the following
objectives:
(1)
To promote the use of land in a manner that appropriately
considers its suitability for development in view of physical limitations,
impacts on sensitive natural resources and both the public and private
interests.
(2)
To provide for the orderly growth and development
of the community in accordance with the Comprehensive Plan.
(3)
To protect the established character of the community
and the social and economic well-being of its citizens.
(4)
To secure safety from fire, panic, flood, environmental
pollution and other dangers.
(5)
To provide adequate light, air and convenience of
access.
(6)
To prevent overcrowding of land or buildings and to
avoid undue concentration of population.
(7)
To conserve the value of land and buildings within
the community while providing for the continued construction of affordable
housing.
(8)
To lessen and, where possible, prevent traffic congestion
on public roads and highways in the community.
(9)
To protect and enhance historic and recreational resources
of the community.
A.
Applicability.
(1)
This chapter shall apply to all lands within the Town
of Brownville, exclusive of the Villages of Brownville, Dexter and
Glen Park.
(2)
No land shall hereafter be used or occupied and no
building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, altered, used or occupied, except
in conformity with all of the regulations specified for the district
within which said land, building or structure is located.
(3)
The regulations of this chapter shall not apply to
land, buildings, structures or the uses thereof in existence prior
to the effective date of this chapter. Any proposed land use or development
activity which, prior to such date, has been authorized by issuance
of a building permit or has been granted preliminary site plan approval
by the Planning Board shall be considered preexisting and may be undertaken
in accordance with said permit or a subsequent final site plan approval,
as applicable. Any physical alteration of existing land, buildings
or structures or any change in the use thereof otherwise occurring
after said effective date shall conform to all of the regulations
of this law applicable to such alteration.
B.
Interpretation of regulations. In their application,
the regulations of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety and general
welfare.
C.
Conflicts. Whenever any provision of this chapter
conflicts with any other provision of law, whether set forth in this
chapter or in any other law, ordinance or regulation of the Town of
Brownville, the State of New York or the United States of America,
the provision which is more restrictive or imposes the higher standards
or requirements shall govern.
[Amended 6-10-1992 by L.L. No. 2-1992]
A.
No building, structure or driveway shall be erected
or uses instituted until a zoning permit for it has been issued. The
exterior structural area of a building shall not be enlarged unless
a zoning permit therefor has been issued.
