This chapter shall be known and may be cited as the "Zoning
Ordinance of the Town of Sardinia."
This chapter is hereby adopted pursuant to the authority conferred
by Article 16 of the Town Law of the State of New York and § 10
of the Municipal Home Rule Law of the State of New York; and in accordance
with the Town's Comprehensive Plan adopted on December 30, 2003.
The purpose of this chapter is to provide for the orderly growth
of the Town of Sardinia by setting minimum requirements in accordance
with a comprehensive plan designed to lessen congestion in the streets;
to secure safety from fire, flood, panic and other dangers; to promote
health and general welfare; to provide adequate light and air; to
prevent the overcrowding of land; to avoid undue concentration of
population; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. Specifically,
this chapter is adopted to:
This chapter shall take effect on the date of official adoption
by the Town Board. This chapter shall apply on its effective date
to all uses that have not commenced and structures that have not been
constructed regardless of the status of permits or certificates of
occupancy issued pursuant to the New York State Uniform Fire Prevention
and Building Code.
A.
Interpretation. In interpreting and applying the provisions of this
chapter, its provisions shall be held to be the minimum requirements
for the promotion of public health, safety, convenience, comfort,
prosperity and general welfare. Except as specifically provided, it
is not intended by the adoption of this chapter to repeal, abrogate
or annul any existing provisions of any law previously adopted relating
to the use of structures and land and the design, erection, alteration
or maintenance of structures.
B.
Existing restrictions. The provisions of this chapter shall not annul,
or in any way interfere with, existing deed or plat restrictions,
easements or other agreements between persons, codes, laws, rules,
regulations or permits previously adopted or issued, except those
codes or sections which are contrary to, or in conflict with, this
chapter. Wherever this chapter imposes greater restrictions upon the
use of structures or land, the height or bulk of buildings or requires
larger land or building areas, yards or other open spaces than are
otherwise required or imposed by deed or plat restrictions or laws,
this chapter shall control; other regulations shall control where
they impose greater restrictions than this chapter and for that purpose,
this chapter shall not annul, modify or impair the provisions of any
existing deed or plat restrictions, easements or other agreements.
C.
Prohibited uses. Any use not specifically listed as a permitted use
is not allowed in the Town of Sardinia.
Whenever any provision of this chapter is at variance or in
conflict with any other provision of this chapter or any other statute,
local law or regulation covering any of the same subject matter, the
most restrictive provision, or the one imposing the higher standard,
shall govern.
It is hereby declared to be the intent of the Town Board that:
A.
If a court of competent jurisdiction finds any provision of this
chapter invalid in whole or in part, the effect of such decision shall
be limited to those provisions which are expressly stated in the decision
to be invalid, and all other provisions of this chapter shall continue
to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any
provision of this chapter to any building, other structure or tract
of land to be invalid in whole or in part, the effect of such decision
shall be limited to the person, property or situation involved in
the controversy, and the application of any such provision to any
other person, property or situation shall not be affected.
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 valid and continue valid
after such effective date. Any structure or use lawfully authorized
by any such variance or special use permit which could not be so issued
after such effective date shall be allowed to continue subject to
the provisions of this chapter dealing with legal non conforming uses.
The provisions of this chapter shall not be construed to limit
or interfere with the construction or operation for public utility
purposes of water and gas pipes, electric light and power transmission
and distribution lines, communication lines, oil pipelines, sewers,
and incidental appurtenances, or with any highway or railroad right-of-way
existing or hereinafter authorized by the Town of Sardinia, County
of Erie or State of New York. The above exceptions shall not be construed
to permit the placement of wind energy generating facilities, service
yards, repair garages or other service or storage structures or uses
by said public utilities except as otherwise permitted by this chapter.
A.
No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner except in conformity with
the yard, lot area, height and building location regulations hereinafter
designated for the district in which such building or open space is
located, and upon issuance of all approvals required by this chapter.
B.
No use shall be conducted or changed or property altered in any manner
except in conformity with this chapter.
C.
No lot area shall be reduced, altered or subdivided as to create
a nonconforming lot. All division of land shall be approved by the
Town Board and consistent with the Town's subdivision regulations.
D.
Nothing in this chapter shall be read as eliminating the requirement
for compliance with any other chapter of the Town Code.
A.
No land shall be occupied or used, and no structure erected, reconstructed
or structurally altered shall be occupied or used, in whole or in
part, for any purpose whatsoever, until a certificate of occupancy
shall have been issued by the Code Enforcement Officer, stating that
the structure and use appear to comply with all applicable provisions
of this chapter. No change in any use shall be made to any structure
or part thereof, except in conformance with a certificate of occupancy
issued by the Code Enforcement Officer.
B.
Conditional certificate of occupancy. If the Code Enforcement Officer
finds that no substantial hazard will result from occupancy of any
building or portion thereof before the same is completed, a conditional
certificate of occupancy may be issued for the use of a portion or
portions of a building or structure prior to the completion of the
entire building or structure. The conditional certificate shall state
the items to still be completed and/or the portions of the building
approved for occupancy. Certificates may be issued for a period of
up to one year by the Code Enforcement Officer, and may be extended
for up to an additional six months at a time by the Town Board. The
Board may require a performance bond to guarantee completion of the
project.
(1)
The applicants must stipulate in their request for a conditional
certificate that they agree to maintain the conditions stipulated
in their request for partial occupancy for the duration of construction
on the site. They must agree that if they fail to obtain a full certificate
of occupancy for the entire building, they will vacate the premises
and terminate all occupancy until successfully obtaining a full certificate
of occupancy for the building.
C.
No estoppel effect. The Code Enforcement Officer shall use his or
her best efforts to ensure that all code provisions are complied with
prior to issuance of any certificate of occupancy. But if later inspection
or events discloses any noncompliance with Town codes, issuance of
a certificate of occupancy shall in no manner limit the right of the
Town to enforce its codes through all civil and/or criminal remedies
available.
D.
No liability for damages. This Code shall not be construed to hold
the Town responsible for any damages to persons or property by reason
of inspections made pursuant to an application for a certificate of
occupancy or issuance of or failure to issue a certificate of occupancy,
and nothing in this Code shall be construed to impose a duty upon
the Town towards any person or property.
