This chapter shall be known as the "Town of Van Buren Zoning Regulations" (hereinafter "zoning regulations") and shall consist of the text contained herein and the Town of Van Buren Official Zoning Map (hereinafter the "Zoning Map").[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
The Town Board of the Town of Van Buren in the County of Onondaga in the State of New York hereby ordains, enacts and publishes the Town of Van Buren Zoning Regulations and the Official Zoning Map.
This chapter provides for regulating, controlling and restricting the use and development of land and buildings within the Town of Van Buren 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 the purposes outlined in applicable sections of the New York State Town Law and the Town of Van Buren Comprehensive Plan dated June, 2003.
For purposes of interpretation and application, the provisions of this chapter shall be deemed to be the specified minimum requirements necessary for the purposes described herein.
The Town of Van Buren Zoning Regulations, and the Town of Van Buren Official Zoning Map, as amended and in effect as of the effective date of this chapter, are hereby repealed. The adoption of this chapter shall not, however, affect any pending prosecution, or prevent any future prosecution or action to abate any violation which existed prior to the effective date of this chapter.
A. 
Except as otherwise specified herein, this chapter shall not be construed as superseding, limiting, changing or suspending any law, ordinance, code or regulation affecting the safety, construction or sanitation of any building or structure.
B. 
Whenever the requirements of this chapter are at variance with the requirements of any other law, the most restrictive, or that imposing the higher standards, shall govern, including any county sanitary code now currently in effect, or to be enacted in the future.
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.
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 site plan approval and/or issuance of a special use permit shall be deemed prohibited.
E. 
Existing buildings and uses. This adoption of this chapter shall not affect the legal nonconforming status of existing buildings or structures, nor the legal nonconforming status of existing uses of any building, structure or land to the extent they were legally constructed and used according to the zoning regulations and Zoning Map in effect at the time of commencement of construction and use of the premises. The terms of this chapter shall apply to any subsequent change in use, and to alterations, extension, or movement of a building or structure, and to any change in use of land. This chapter shall not affect the continued validity of any Town permit or approval for a project, whether phased or not, where construction of such project has commenced prior to the effective date of this chapter.
F. 
Types of zoning reviews. A permitted use or structure allowed in a zoning district which may require review by the Planning Board, Zoning Board of Appeals and/or the Town Board under other provisions of this chapter, may also require a building permit or certificate of occupancy for certain activities. A variance is a grant of relief from the applicable use or dimensional controls of this chapter and requires Zoning Board of Appeals review and approval. Site plan and/or special use permit reviews are generally applicable to uses or structures which are allowed but, due to their nature, necessitate discretionary board review over certain elements such as size, site design, intensity of use and character.
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 use permits, site plan approvals and other similar approvals, shall be subject to the provisions of this chapter regarding 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.
The Town of Van Buren Code Enforcement Officer, Zoning Board of Appeals, Planning Board and Town Board shall fully comply with the provisions of the New York State Environmental Quality Review Act as it may be amended from time to time by the State of New York or relevant state agency. Appropriate procedures shall be promulgated by such boards to ensure such compliance.