This chapter shall be known as the "Town of Verona Zoning Ordinance"
(hereinafter called this "chapter") and shall consist of the following
text and the Town of Verona Official Zoning Map (hereinafter termed
the "Zoning Map".)[1]
[1]
Editor's Note: The Town of Verona Official Zoning Map is on
file in the Clerk's office.
The Town Board of the Town of Verona in the County of Oneida
in the State of New York hereby ordains, enacts and publishes the
Town of Verona Zoning Chapter and Official Zoning Map.
This chapter provides for regulating, controlling, and restricting
the use and development of land and buildings within the Town of Verona
in order to promote and protect, to the fullest extent permissible,
the environment of the Town and its public health, safety and general
welfare in accordance with purposes outlined in applicable sections
of New York State Town Law.
For purposes of interpretation and application, the provisions
of this chapter shall be held to the specified minimum or maximum
requirements necessary for the promotion of the public health, safety,
comfort, convenience and general welfare.
This chapter shall not be construed as superseding, limiting,
changing or suspending any law, ordinance, code or regulation still
in effect regulating the safety, construction or sanitation of any
building or structure.
Upon filing this Local Law No. 1 of 2011 in the office of the
Secretary of State of New York, the Town of Verona, New York, Zoning
Ordinance, 1961, and all subsequent amendments thereto adopted by
ordinance or by local law be and the same hereby are repealed, including
L.L. No. 1-2004 which had enacted the last comprehensive zoning law
change.
Except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered unless in
conformity with all of the regulations herein specified for the district
in which it is located.
B.
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, side yards or other open spaces
than are herein specified for the district in which it is located
or in regulations applicable to all districts.
C.
No part of a yard or open space required about any building or structure
for the purpose of complying with this chapter shall be included as
part of a yard or open space similarly required for another building
or structure.
D.
Uses not permitted. All uses not specifically permitted in a district
by right or permitted upon issuance of a site plan review or special
permit shall be deemed prohibited.
E.
Existing buildings and uses. This chapter shall not apply to an existing
building or structure, nor to the existing use of any building, structure
or land to the extent it was legally used at the time of enactment
of this chapter. The terms of this chapter shall apply to any subsequent
change in use, alterations, extension or movement of a building or
structure, and to any change in use of land.
F.
Types of zoning reviews. For purposes of general understanding, a permitted use or structure is allowed in a zone district; it does not require discretionary review or approval by a Town Board. Permitted uses may require a building permit or certificate of occupancy for certain activities. A variance is a waiver request of the applicable use or dimensional controls and requires Zoning Board of Appeals review and approval. Site plan or special permit reviews are uses or structures which are allowed but due to their nature, necessitate discretionary board review over, but not limited to elements of size, site design, intensity of use and character. To determine type of review for a specific use or structure consult the Article III, Zone Districts, and Article IV, Supplemental Regulations.
G.
Land use under special approvals. Existing buildings, structures, and uses either previously allowed by right and currently subject to special approvals or uses previously authorized by special approval including variances, special permits, site plan approvals and other similar approvals shall now be subject to the provisions of § 262-31A, modifications to approved uses or structures.
H.
Existing violations. Any building, structure, or use existing on
the effective date of this chapter, which is unlawful under any prior
applicable regulations, shall be lawful only to the extent that it
complies with this chapter. However, such compliance shall not excuse,
or be used to abate or enjoin the prosecution of such unlawful conduct,
whether initiated prior or subsequent to the effective date of this
chapter.
