This chapter is adopted pursuant to the authority conferred
by Article 16 of the New York Town Law and the New York Municipal
Home Rule Law, unless other bases of authority are indicated herein.
This chapter shall be known as the "Town of Lancaster Zoning
Law," the "Town of Lancaster Zoning Code," or the "Zoning Law."
A.
Purpose and intent.
(1)
The purpose and intent of this Zoning Law is to provide for the orderly
growth of the Town and to promote and protect to the fullest extent
permissible the environment of the Town and the public health, safety,
convenience, comfort, prosperity and general welfare of its residents
by regulating the use of buildings, other structures and land for
residences, open space, public facilities, business, services, industry
or other purposes; by regulating and restricting the bulk, height,
design, lot coverage and location of structures, by regulating and
limiting population density; and, for the aforesaid purposes, to divide
the land within the limits of the Town into districts of such number
and dimensions in accordance with the objectives of the Comprehensive
Plan; and to provide procedures for the administration and amendment
of said Zoning Law.
(2)
The chapter is intended to achieve, among others, the following objectives:
(a)
Implement the Town Comprehensive Plan.
(b)
To protect the character and values of residential, institutional
and public uses, business, commercial and manufacturing uses; and
to ensure their orderly and beneficial development.
(c)
To provide adequate open spaces for light, air and outdoor uses
to include public, common and private open space areas.
(d)
To prevent overcrowding of the land.
(e)
To promote mixed use development and walkable communities.
(f)
To prevent excessive concentration of population and, on the
other hand, to prevent sparse and uncoordinated development.
(g)
To regulate and control the location and spacing of buildings
on the lot and in relation to the surrounding property so as to carry
out the objectives of the Comprehensive Plan of the Town.
(h)
To protect persons and property from damage and injury due to
fire or flood.
(i)
To protect significant natural features and vegetation; thereby
preventing ecological damage and visual blight which occur when these
features or vegetation are eliminated or substantially altered to
serve development purposes only.
(j)
To assure that structures and land use arrangements are aesthetically
harmonious with nearby areas and structures.
(k)
To regulate the location of buildings and intensity of uses
in relation to streets according to plans so as to cause the least
interference with and be damaged least by traffic movements and hence
result in lessened street congestion and improved public safety.
(l)
To establish zoning patterns that ensure economic extensions
for sewers within existing districts, water supply, waste disposal
and other public utilities, as well as improvement of recreation,
schools and other public facilities.
(m)
To foster sustainable growth, including managing impacts from
increased development, including traffic.
(n)
To guide the future development of the Town so as to bring about
the gradual conformity and continuity of land and building uses in
accordance with the objectives of the Comprehensive Plan.
(o)
To accomplish the specific intents and goals set forth in the
introduction to the respective sections.
(p)
To protect the community from visual pollution resulting from
the unregulated use of signs and other advertising devices.
A.
The provisions of this Zoning Law 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 ordinances/local laws or sections
thereof which are contrary to and in conflict with this chapter.
B.
Wherever this Zoning Law 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; and conversely, 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.
In interpreting and applying the provisions of this Zoning Law, its
provisions shall be held to be the minimum requirements for the promotion
of public health, safety, convenience, comfort, prosperity and general
welfare and to accomplish the intent thereof. Except as specifically
provided herein, it is not intended by the adoption of this chapter
to repeal, abrogate or annul any existing provision of any law previously
adopted relating to the use of structures and land and the design,
erection, alteration or maintenance of structures thereon. Titles
and headings have been inserted for convenience of reference and are
not intended to define or limit the scope of or otherwise affect any
provisions in this Zoning Law.
D.
Prohibited uses. Any use not specifically listed as an approved as-of-right
or specially permitted use is not allowed in the Town of Lancaster.
E.
Zoning district boundaries. Where uncertainty exists with respect
to the boundaries of various districts, as shown on the Zoning Map,
the following rules shall apply:
(1)
Where the designation on the Zoning Map indicates a boundary which
is a street or public right-of-way, the center line of the road shall
be construed to be the boundary.
(2)
Where the designation on the Zoning Map indicates a boundary approximately
upon a lot line, such lot line shall be construed to be the boundary.
(3)
The Code Enforcement Officer shall interpret the Zoning Map in the
first instance.
The effective date of this Zoning Law is the date upon which
it is filed in the office of the Secretary of State.
Any variance, site plan approval, special use permit, or other
approval or conditions lawfully issued prior to the effective date
of this Zoning Law, or any amendment thereof, which could be lawfully
issued pursuant to provisions in effect after the effective date of
this chapter shall be deemed to be valid and continue as valid after
such effective date. Any structure or use lawfully authorized by any
such approval which could not be so issued after such effective date
shall be allowed to continue if it meets the definition of a lawful
nonconforming use, subject to the provisions of this Zoning Law dealing
with legally existing nonconformities. With respect to uses that have
not commenced and structures that have not been constructed, this
Zoning Law shall apply on its effective date to all such uses regardless
of the status of permits or certificates of occupancy issued pursuant
to the New York State Uniform Fire Prevention and Building Code.[1]
A.
No structure or 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 regulations
hereinafter designated for the district in which such building or
open space is located, and upon issuance of all approvals required
by this Zoning Law.
B.
No use shall be conducted or changes, or property altered in any
manner except in conformity with this Zoning Law.
C.
No lot area shall be reduced, altered, or subdivided as to create
a nonconforming lot.
D.
No use is permitted unless specifically authorized herein.
E.
Nothing in this chapter shall be read as eliminating the requirement
for compliance with any chapter of the Town of Lancaster 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 compliance shall have been issued by a Code Enforcement Officer stating that the structure and use appear to comply with all applicable provisions of this Zoning Law, including with any approval conditions that may be applicable. No change in any use shall be made to any structure or part thereof, except in conformance with a certificate of compliance issued by a Code Enforcement Officer. Where a certificate of occupancy is required under Chapter 140, Article II, Building Code Administration, the certificate of occupancy shall constitute the certificate of compliance and all requirements for a certificate of compliance shall apply to the certificate of occupancy, in addition to those set forth in Chapter 140, Article II.
B.
Existing building certificate of compliance. A certificate of compliance
for any existing structure or use of land may be obtained by applying
to a Code Enforcement Officer and supplying the information and data
necessary to determine compliance with the Zoning Law.
C.
No estoppel effect. A 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 compliance. But if later inspection
or events disclose any noncompliance with Town Code or this Zoning
Law, issuance of a certificate of compliance shall in no manner limit
the right of the Town to enforce its Code and this Zoning Law through
all civil and/or criminal remedies available.
D.
No liability for damages. This Zoning Law 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 compliance or issuance of or failure to issue a certificate of
compliance, and nothing in this Zoning Law shall be construed to impose
a duty upon the Town towards any person or property.
