This chapter may be cited as the "Zoning Code
of the Town of Niagara."
A.
Pursuant to the authority conferred by Article 16
of the New York Town Law, and for each and every one of the purposes
specified therein, the Town Board of the Town of Niagara has enacted
and does hereby enact this chapter regulating and restricting the
height, number of stories and size of buildings and other structures,
the percentage of the lot that may be occupied, the size of yards,
courts and other open spaces, density of population and the location
and use of buildings, structures and land for trade, residence or
other purposes.
B.
Nothing herein contained shall be construed to affect
structures or subdivision plats which are now in existence, provided
that they do not endanger the health, safety and movement of the residents
of the Town or the general public, except as noted herein. Nothing
in this provision shall be deemed to authorize the expansion or alteration
of any nonconforming use.
The purpose of the code is to encourage the
most appropriate use of the land throughout the Town and to conserve
the value of property, with due consideration for the character of
the zones and their peculiar suitability for particular uses; all
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 the general welfare; to provide adequate
light and air; to prevent the overcrowding of land, to avoid undue
concentration of population, to encourage the flexible design and
development of land so as to promote the most appropriate use of lands,
to facilitate the adequate and economic provision of streets and utilities,
to preserve the natural and scenic qualities of our lands and to enhance
the quality of the Town.
A.
The provisions of this code shall be interpreted as
providing minimum requirements adopted for the purpose of promoting
the health, safety, morale and general welfare of this community.
B.
It is not intended by this code to repeal (except
as herein stated), to abrogate or impair existing conditions previously
made, or permits previously issued, relating to the use of buildings
or premises, nor to impair or interfere with any easements, covenants
or agreements existing between parties; but wherever this code imposes
a greater restriction upon the use of buildings or premises than is
required by existing provisions of law, regulations or permits, or
by such easements, covenants or agreements, the provisions of this
code shall control.
Whenever any provision of this code is at variance
or conflict with any other provisions hereof or any other statute,
ordinance or regulation covering any of the same subject matter, the
more restrictive or the one imposing the higher standard shall govern.
This code shall take effect immediately after
the same shall have been published and posted as provided by § 264
of the Town Law or immediately upon personal service thereof as therein
provided.
If any article, section, subdivision, paragraph
or provision of this code be adjudged to be invalid, such adjudication
shall apply only to such portion thereof so expressly adjudged invalid,
and the remainder of this code shall be deemed to be in all respects
valid and effective.
All violations of this code, or of any regulation
or provision thereof, are punishable by a fine not less than $150
and not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and, upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. Violations of this chapter or of
such local law, ordinance or regulation shall be deemed misdemeanors,
and for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations.
A certified copy of this code with a certified
copy of the Zoning Map attached shall be at all times accessible to
any person applying to the Town Clerk in reasonable business hours
for examination thereof; but no person other than officials of the
Town shall be allowed to remove either the original copy or the copy
herein provided for from the Town Clerk's office. The official certified
copy of this Map and code shall be stored in the Town vault of the
Town Hall on Lockport Road.
This code shall not apply to the activities
of the Town of Niagara or Town-owned or leased property.
A.
Minimum measurements. All minimum measurements pertaining
to lots or spaces shall be exclusive of the rights-of-way of any and
all highways, streets or roadways.
B.
Right-of-way. Where a building lot has frontage on
a street which is proposed for right-of-way widening, the required
front yard area shall be measured from such proposed right-of-way
line.
C.
District use. All yards, open space, off-street parking
and required landscaping must be contained within the district in
which the use is required.
