This chapter shall be known as the "Zoning Ordinance
of the Town of DeWitt, New York."
This chapter establishes and implements regulatory
powers to ensure that:
A.
Adequate light, pure air, convenient access and safety
from fire, flood and other dangers may be secured;
B.
The taxable value of land and buildings throughout
the Town may be conserved and enhanced;
C.
Congestion in the public streets may be lessened or
avoided;
D.
The hazards to persons and damage to property resulting
from the accumulation or runoff of stormwater may be lessened or avoided;
E.
Sites, areas and structures of historical, architectural,
natural and aesthetic importance may be preserved and enhanced; and
F.
The public health, safety, comfort, morals, beauty
and welfare may be promoted.
A.
Conformance required.
(1)
No structure or land shall hereafter be used or occupied
and no structure shall hereafter be erected, constructed, reconstructed,
moved or altered unless in conformity with all of the regulations
for the district in which it is located.
(2)
No part of a yard, open space, parking space or loading
space required for any structure and/or lot under this chapter shall
be included as part of a yard, open space, parking space or loading
space similarly required for another structure and/or lot.
(3)
No yard, lot or parking space now existing shall be
reduced in size below the minimum requirements of this chapter. Yards,
lots or parking spaces created after the effective date of this chapter
shall meet its minimum requirements.
B.
Uniform application within each district. The regulations
established by this chapter shall be minimum regulations and shall
be applied uniformly within each district.
The adoption of this chapter shall not affect
or impair any permit granted, act done, offense committed or right
accrued or acquired, or liability, penalty, forfeiture or punishment
incurred, prior to the time this chapter takes effect, under any prior
Zoning Ordinance of the Town of DeWitt, but the same may be enjoyed,
ascertained, enforced, prosecuted or inflicted as fully and to the
same extent as if this chapter had not been adopted, and all actions
and proceedings commenced under or by virtue of such prior ordinance
and pending at the time this chapter takes effect may be prosecuted
and defended to final effect in the same manner as they might have
been if this chapter had not been adopted.
Chapter 192 of the Town of DeWitt Code is hereby repealed in its entirety. Except as expressly provided in said ordinance and this chapter, as revised thereby, such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, morals, safety and
general welfare. Whenever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
design guidelines, regulations, statutes or ordinances, the most restrictive
thereof, or those imposing the highest standards, shall govern.
The Town Board may, from time to time, on its
own motion or on petition or on recommendation of the Planning Board,
amend, supplement, change, modify or repeal this chapter in accordance
with the applicable provisions of law.
A.
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such judgment shall not
affect any other provisions of this chapter.
B.
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter to a particular
property, building or structure, such judgment shall not affect the
application of said provision to any other property, building or structure.
This chapter shall become effective on January
1, 2008. Whenever used in this chapter, the term "effective date"
shall mean January 1, 2008.
