The title of this chapter is the "Town of Kendall Zoning Ordinance,
Orleans County, New York," and shall include this text and Zoning
Map. All existing zoning ordinances of the Town of Kendall, Orleans
County, New York, are hereby repealed upon the effective date of this
chapter.
This Zoning Ordinance 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 Kendall in accordance with a well-considered plan and
with long-term objectives, principles and standards deemed beneficial
to the interests and welfare of the people.
D.
To encourage the use of alternative energy systems and to protect
solar and wind access.
E.
To encourage the use of the Lake Ontario Coastal Zone in Orleans
County 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.
Whenever the requirements of this chapter are in conflict with
the requirements of any other lawfully adopted rules, regulations,
codes or ordinances, the most restrictive of such rules, regulations,
codes, or ordinances, or those imposing the higher standards, shall
govern.
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.
A.
Except as set forth in § 265-74 regarding violations of regulations regarding wind energy conversion systems, a violation of chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were 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; and, upon conviction for a third or subsequent offense, all of which were 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. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.[1]
B.
Any person owning, controlling, or managing any building, structure, or land, who shall undertake a wind energy conversion facility in violation of this chapter or in noncompliance with the terms and conditions of any wind energy conversion system permit issued pursuant to this chapter, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subjected to penalties per § 265-72F(2) of this chapter.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used, or any land is divided into lots, blocks, or sites in violation
of this chapter, the proper local authorities of the Town, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, use or division of land, to restrain, correct
or abate such violation, to prevent the occupancy of said building,
structure, or land or to prevent any illegal act, conduct, business
or use in or about such premises; and upon the failure or refusal
of the proper local officer, board or body of the Town to institute
any such appropriate action or proceeding for a period of 10 days
after written request by a resident taxpayer of the Town so to proceed,
any three taxpayers of the Town residing in the district wherein such
violation exists, who are jointly or severally aggrieved by such violation,
may institute such appropriate action or proceeding in like manner
as such local officer, board or body of the Town is authorized to
do.
The provisions and regulations of this Zoning Ordinance and interpretations thereof shall be made in accordance with the objectives of the Town's comprehensive land development plan, pursuant to § 265-77A, and shall be consistent with the adopted Local Waterfront Revitalization Program (LWRP), which, with its policies, maps and uses, is hereby adopted by reference and declared to be a part of this Zoning Ordinance. Any development that falls within the boundaries of the Local Waterfront Revitalization Program (LWRP), in any district classification, shall be coordinated with the policies and plans of the LWRP as are adopted by the Town Board, including any amendments thereto.
