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:
A. Implement the Town of Sardinia Comprehensive Plan.
B. Regulate the use of land.
C. Regulate the location, height and bulk of buildings and their accessory
structures.
D. Preserve and protect significant natural resources.
E. Preserve and protect the rural character of the community.
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.
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.