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as of the effective date of this chapter, are hereby repealed.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.
