The purpose of this Zoning Law is to provide for the orderly growth
in the Town of Porter in accordance with the Town's Comprehensive
Plan, adopted December 13, 2004, and Farmland Protection Plan, adopted
December 11, 2006. These documents establish the goals for the Town
of Porter, which are to:
This chapter establishes and implements regulatory powers to the
ends that adequate light, convenient access and safety from fire,
flood and other dangers may be secured, that the taxable value of
land and buildings throughout the Town may be conserved and enhanced;
that congestion in the public streets may be lessened or avoided,
that the hazards to persons and damage to property resulting from
the accumulation or runoff of stormwater may be lessened or avoided;
that sites, areas and structures of historical, architectural and
aesthetic importance may be preserved and that the public health,
safety, comfort, and welfare may otherwise be promoted. To these ends,
this chapter is enacted to:
Guide and regulate the orderly growth, development and redevelopment
of the Town 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.
Classify, regulate and restrict the location of trades and industries
and the location of buildings designed for specified industrial business,
residential and other uses.
Divide the entire Town into districts according to use of land and
buildings, height and bulk of buildings, intensity of use of lot areas,
area of open spaces and other classifications as may be deemed best
suited to regulate development.
Provide regulations pertaining to preexisting lots, structures
and uses that do not conform to the regulations, standards, restrictions
and limitations established by this chapter.
Relationship to other standards. In their interpretation and application,
the provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, morals, safety and
general welfare. Whenever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted local
rules, regulations, statutes or ordinances, the most restrictive thereof,
or those imposing the highest standards, shall govern. Nothing contained
herein shall be deemed to limit the right to farm as set forth in
Article 25-AA of the NYS Agriculture and Markets Law. While the regulations
contained herein are intended to be followed to the greatest extent
possible, there is a general understanding that the farming community
may have unique situations that may require waiving certain regulations.
Territorial application. This chapter shall apply to all structures,
land and uses within the limits of the Town of Porter, New York, not
including the Village of Youngstown. No uses shall be permitted within
any public right-of-way.
General application. All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all requirements of this chapter which are applicable to the zoning districts in which such buildings, structures, uses or land are located. Existing buildings, structures and uses that do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of Article IX relating to nonconformities.
General prohibition. No building or structure; no use of any building,
structure or land shall be established, altered, moved, divided, merged
or maintained in any manner except as authorized by the provisions
of this chapter.
Private agreements. This chapter is not intended to annul or otherwise
interfere with any easement, covenant or other private agreement or
legal relationship; provided, however, that where the regulations
of this chapter are more restrictive or impose higher standards or
requirements than such easements, covenants or other private agreements
or legal relationships, the regulations of this chapter shall govern.
Existing variances and special permits. Any variance or special use permit lawfully issued prior to the effective date of this chapter, or any amendment thereof, which could be lawfully issued pursuant to the provisions in effect after such effective date, shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or special permit that could not be so issued after such effective date shall be allowed to continue subject to the provisions of Article IX dealing with lawfully existing nonconformities.
Completion of construction. Nothing in this chapter shall be deemed
to require any change in the plans, construction or designated use
of any structure in the event that:
Construction pursuant to such permit is commenced prior to the
expiration of such permit and within 90 days of its issuance and is
thereafter diligently pursued to completion.
Pending applications. Any complete application submitted prior to
the effective date of the adoption of this Zoning Law shall proceed
under the regulations in place at the time such application was determined
complete.
Repeal of prior provisions. Local Law No. 1 of 1968, known as "The
Zoning Law of Town of Porter," and as amended to date, is hereby repealed
in its entirety. Such repeal shall not affect or impair any act done,
offense committed or right accruing, accrued or acquired, or liability,
penalty, forfeiture or punishment incurred prior to the time such
repeal takes effect, but the same may be enjoyed, asserted, enforced,
prosecuted or inflicted, as fully and to the same extent as if such
repeal had not been effected.
If any court of competent jurisdiction shall adjudge any provision
of this chapter to be invalid, such judgment shall not affect any
other provisions of this chapter.
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this chapter to a particular property,
building or structure, such judgment shall not affect the application
of the said provision to any other property, building or structure.
Effective date. This chapter shall become effective immediately on
the date of its adoption. Whenever used in this chapter, the term
"effective date" shall mean November 8, 2010.