This chapter regulates the location, construction and use of buildings, structures, and the use of land in the Village of Celoron, County of Chautauqua, State of New York, and for said purpose divides the Village into districts. This chapter shall be known and cited as the Zoning Law of the Village of Celoron.
Pursuant to the authority conferred by the Laws of the State of New York (Article 16 of the Village Law) and for each of the purposes specified therein, the Board of the Village of Celoron, County of Chautauqua and the State of New York, has ordained and does hereby enact the following chapter regulating and restricting the location, size and the use of buildings and other structures, and the use of land in the municipality.
A. 
Comprehensive Plan. The zoning regulations and districts set forth and outlined upon the Zoning Map are made in accordance with a comprehensive plan for the municipality. The enactment of this chapter brings benefits to the municipality which may not be highly or immediately visible. However, the resulting conditions will enhance and preserve the quality of living, health and safety for the municipality.
B. 
General. General benefits derived from zoning laws include the following:
(1) 
Promotes health, convenience, economics and general welfare of the community;
(2) 
Balances the rights of the public-at-large, private landowners and other various interest groups;
(3) 
Encourages the positive shaping of the future and the long-range benefits associated with zoning laws;
(4) 
Allows for the maintenance of an equitable assessment role:
(5) 
Imposes some reasonable restraints on opportunists:
(6) 
Zoning is controlled locally, may be amended to meet changing needs and has built-in-flexibility's for unique situations.
C. 
Safety. From a safety viewpoint, zoning laws can assist in the following:
(1) 
Promotes fire safety by controlling building height, separation of structures, etc.
(2) 
Promotes traffic safety by protecting the traffic carrying capabilities of highways through setbacks, etc.
(3) 
Insures that floodplains are reasonably controlled with respect to types of uses, densities, etc.
(4) 
Protects residents from other conditions which could cause injury or death.
D. 
Quality. Zoning laws perpetuate the highest possible quality of life by:
(1) 
Maintaining a rural atmosphere in selected areas.
(2) 
Promoting the retention of an aesthetically pleasing community by minimizing nuisances and visually unattractive developments.
(3) 
Insuring adequate light, air and open spaces.
(4) 
Maintaining the character of residential neighborhoods by providing appropriate locations for living and raising a family through types of uses encouraged in a district.
E. 
Economics. Zoning laws also positively affect a community's economic structure by:
(1) 
Optimizing the use of existing infrastructure.
(2) 
Utilizing existing roadways optimally while discouraging the creation of new roads, except as needed.
(3) 
Encouraging the retention of prime agricultural, commercial and industrial properties for those uses for which they are best suited.
(4) 
Encouraging the largest tax base possible through controlled development.
F. 
Stability. Zoning laws also contribute a great deal to neighborhood stability by;
(1) 
Keeping rural municipalities from being a dumping ground.
(2) 
Protecting property values and individual investments by encouraging proper development for each type of district.
(3) 
Maintaining the character of a neighborhood by providing a stable and orderly living environment.
(4) 
Keeping nuisance to a minimum, especially in residentially oriented neighborhoods.
G. 
Health. Lastly, zoning laws protect public health through establishment of standards which address these issues. A zoning law:
(1) 
Insures that appropriate amounts of light, air and open space are available for all residents;
(2) 
Reinforces health standards, particularly with respect to sewerage and water related problems;
(3) 
Keeps unhealthy situations from arising which could cause disease or injury.
The following rules and laws, in addition to those found elsewhere in this chapter, shall be complied with when applicable. It is the responsibility of the applicant/owner to insure compliance with these rules/laws.
A. 
General rules.
(1) 
No building or land shall hereafter be used or occupied, and no building 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.
(2) 
No building shall hereinafter be erected or altered without a building permit:
[Amended 12-9-2013 by L.L. No. 4-2013]
(a) 
To accommodate or house a greater number of families;
(b) 
To occupy a greater percentage of lot area; or
(c) 
To have narrower or smaller rear yards, front yards, inner or outer courts than is specified herein for the district in which such building is located.
(d) 
See § 81-4B(1), exemptions regarding building permits, for exceptions to this rule.
(3) 
No building or buildings shall be erected in the Municipality which will substantially limit the usefulness or depreciate the value of surrounding property.
B. 
Specific laws.
(1) 
Subdivision laws. State and existing local subdivision laws must be complied with in addition to this chapter.
(2) 
National Flood Insurance Program. It shall be the responsibility of the applicant for a building permit to insure that the National Flood Insurance Regulations shall be complied with for those parcels located within the floodplain as shown on official Flood Insurance Administration maps.
[Amended 12-9-2013 by L.L. No. 4-2013]
(3) 
Housing Code. No building shall be erected or altered unless it is in compliance with any local housing code which may be in effect.
(4) 
Health Department rules. The regulations of the state and county Health Departments with respect to water supply and sewage disposal facilities will apply. The applicant for a building permit must obtain a copy of the required health department permits for attachment of his application, before the issuance of local approval by the Code Enforcement Officer.
[Amended 12-9-2013 by L.L. No. 4-2013]
(5) 
Multiple residence law. For all dwellings with three or more dwelling units or any dwelling two or more stories in height with five or more roomers, the Multiple Residence Law, Chapter 61B of the Consolidated Laws, sets forth certain requirements with regard to fire safety, size of rooms, and other minimum health and safety specifications.
(6) 
Building Code. No building shall be erected or altered unless it complies with any building code which has been adopted.
(7) 
Fire Code. No building shall be erected or altered unless it complies with any fire code which has been adopted. The Code Enforcement Officer shall be notified of all permits to be issued.
(8) 
Drainage. Clean and unobjectionable wastewater from private property shall be disposed of in accordance with the local law on drainage.