No building or land shall hereafter be used or occupied, and
no building or structure or part thereof shall be erected, moved,
or altered, unless in conformity with the regulations herein specified
for the district in which it is located, except as hereinafter provided.
3.1.1
No building or structure shall hereafter be erected or altered to
exceed the height, to accommodate or house a greater number of dwelling
units, to occupy a greater percentage of lot area, or to have narrower
or smaller rear yards, front yards or side yards, than is specified
herein for the district in which such building or structure is located.
3.1.2
No part of a required yard or other open space about any building
required for the purpose of complying with the provisions of this
Law shall be included as part of a yard or other open space similarly
required for another building.
3.1.3
No lot shall be so reduced in size that its area or any of its dimensions
or open spaces shall be smaller than those required by this law.
3.1.4
In their interpretation and application, the provisions of this zoning
law shall be held to be minimum requirements adopted for the promotion
of the public health, safety and general welfare.
3.1.5
Any uses not specifically permitted shall be deemed to be prohibited.
3.1.6
Regardless of any other provisions of this law, or chapter, any use that is noxious or offensive by reason of emission of odor, dust, noise, vibration, smoke, gas, fumes or radiation or which presents a hazard to public health or safety, is prohibited, in accordance with the standards of Article 10 of this law.
In order to fulfill the purpose of this zoning law, the city
establishes the following districts:
1.
Single-family Residential (R1).
2.
Single-family/General Residential (R2).
3.
General Residential (R3).
4.
Residential Transition (RT).
5.
City Center (CC).
6.
General Commercial (GC).
7.
Waterfront Conservation (WC).
8.
Industrial (I).
9.
General Industrial (I2).
10.
General Industrial (I3).
11.
Planned Residential (PR).
12.
Planned Business (PB).
The location and boundaries of said zoning use districts are
hereby established on a scaled map designated "Zoning Map of the City
of Olean" which is kept on file and will be available for public viewing
in the office of the city clerk, and such map is hereby declared to
be part of this zoning law.
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the zoning map, the following
rules shall apply:
3.4.1
Centerlines and right-of-way lines. Where district boundaries are
indicated as approximately following the centerlines or right-of-way
lines of streets, highways, public utility easements, or watercourses,
said boundaries shall be constructed to be coincident with such lines.
Such boundaries shall be deemed to be automatically moved if a centerline
or right-of-way of such street, highway, public utility or watercourse
is moved not more than 20 feet.
3.4.2
Lot or boundary lines. Where district boundaries are indicated as
approximately following the city boundary line, property lines, lot
lines, or projections thereof, said boundaries shall be construed
to be coincident with such lines or projections thereof.
3.4.3
Parallel to lot or boundary lines. Where district boundaries are
so indicated that they are approximately parallel to the city boundary
line, property lines, lot lines, right-of-way lines, or projections
thereof, said boundaries shall be construed as being parallel thereto
and at such distances therefrom as indicated on the zoning map or
as shall be determined by the use of the scale shown on the zoning
map.
3.4.4
District boundaries shall be determined by use of an accurate scale
which shall be shown on the zoning map. In no instances shall a district
boundary be set at less than the minimum lot depth required in section
6.1, entitled "Density control schedule", of this law.
3.4.5
In the event of a questionable district boundary, the questionable
boundary shall be referred to the zoning board of appeals, and they
shall, to the best of their ability, establish the exact boundary.
3.4.6
The copy of the zoning map showing any such determinations under
this section shall be on file at the office of the city clerk.
3.4.7
Precise zone boundary determinations made by the zoning board of
appeals in accordance with the above rules shall be considered final
and conclusive, and may only be altered by amendment of the zoning
map by the common council of the city.
3.4.8
Lots divided by zoning district lines. Where a lot is divided by
a district boundary line, the regulations for each respective district
shall apply except:
1.
In all cases where a lot in one ownership, other than a through lot,
is divided by a district boundary so that 50% or more of such lot
lies in the less restricted district, the regulations prescribed for
such less restricted district shall apply to the more restricted portion
of said lot for a distance of 30 feet from the zoning district boundary.
For purposes of this law, the more restricted district shall be deemed
that district which is subject to regulations which prohibit the particular
use intended to be made of said lot or which regulations set higher
standards with respect to setback, coverage, yards, screening, landscaping
and similar requirements.
2.
In all cases where a district boundary line is located not farther
than 15 feet away from a lot line of record, the regulations applicable
to the greater part of the lot shall be deemed to apply to the entire
lot.
3.4.9
Buildings divided by zoning district lines. Where a district boundary
line divides a building existing on the effective date of this law,
so that 50% or more of such building lies within the less restricted
district, the regulations prescribed by this law for such less restricted
district (as defined in subsection 3.4.8(1) above) shall apply to
the entire building. Such provisions shall apply only if, and as long
as, the building is in single ownership and its structural characteristics
prevent its use in conformity with the requirements of each district.