Village of Johnson City, NY Article 10 Legal Framework

§ 300-10.1 Title.

This chapter shall be known and cited as the "Consolidated Zoning Ordinance of the Town of Union, Village of Johnson City, and Village of Endicott, New York." For convenience, it is referred to throughout this chapter as the "Zoning Ordinance" or "Zoning Code."

§ 300-10.2 Effective date.

The provisions of this Zoning Ordinance become effective on June 1, 2011, except as otherwise expressly stated.

§ 300-10.3 Authority.

This Zoning Ordinance is adopted pursuant to the powers granted and limitations imposed by legislation of the State of New York.

§ 300-10.4 Applicability.

The regulations of this Zoning Ordinance apply to all development, public or private, within the corporate limits of the Town of Union and the Villages of Endicott and Johnson City unless otherwise expressly stated in this Zoning Ordinance.

§ 300-10.5 Purposes.

There is hereby established a new comprehensive Zoning Ordinance for the Town of Union and the Villages of Johnson City and Endicott, which is set forth in the text, tables, illustrations and map that constitute this chapter. The Zoning Ordinance is adopted to promote and protect the public health, safety and general welfare and provide for solar access. The Zoning Ordinance implements the goals and objectives of the 2008 Unified Comprehensive Plan, which include:

A. Providing a wide variety of living environments for all socioeconomic groups in the population and a diversity of housing densities and types, ranging from rural low density to urban high density.

B. Providing a sound commercial base, offering convenience, choice and a wide variety of goods and services.

C. Improving the economy by promoting new and expanded industrial enterprises, retaining existing enterprises and redeveloping existing industrial facilities in order to further diversify the economic base and to provide for increased employment on a permanent basis.

D. Providing a transportation network which is capable of moving people and goods efficiently and safely.

E. Maintaining the infrastructure at a level needed to continue adequate services to Town and Village residents.

F. Enriching the lives of all citizens by striving to improve the quality of the environment.

G. Accommodating solar energy systems, equipment and access to sunlight.

§ 300-10.6 Provisions deemed to be minimum requirements; compliance with other applicable regulations.

A. The provisions of this Zoning Ordinance are the minimum requirements deemed necessary to carry out the Zoning Ordinance's stated purpose and intent.

B. In addition to the requirements of the Zoning Ordinance, all uses and development must comply with all other applicable Village, Town, state, and federal regulations.

C. All references in the Zoning Ordinance to other Village, Town, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the Town or Villages to enforce state or federal regulations.

§ 300-10.7 Conflicting provisions.

A. Conflict with state or federal regulations. If the provisions of this Zoning Ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

B. Conflict with other Town or Village regulations. If the provisions of this Zoning Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the Town or Villages, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

C. Conflict with private agreements and covenants. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Ordinance, the provisions of the private agreement will control. The Town and Villages do not enforce or maintain a record of private agreements.

§ 300-10.8 Severability.

If any portion of this Zoning Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the Zoning Ordinance, and in no way affects the validity of the remainder of the Zoning Ordinance.