ARTICLE
1
TITLE AND
PURPOSE
SECTION 1.01
TITLE
This Ordinance is
enacted under Article 16 of the Town Law of the State of New York, being Chapter
634 of the Laws of 1932 as amended, in order to regulate the use of land and the
use, size and location of buildings and structures in the Town of Schuyler and
shall be known and may be cited as the “Town of Schuyler Zoning
Ordinance”.
SECTION 1.02
SHORT TITLE
This “Town of
NOTE:
Any reference in this document to the “Town” shall be interpreted as
meaning the “Town of
SECTION 1.03
PURPOSE
It is the intent of
this Zoning Ordinance to promote the public health, safety and general welfare
of the Town of
A.
Accommodate and promote land uses which are compatible with the Town of
B.
Encourage use of the lands and natural resources in accordance with their
character and capability, thus preserving the sensitive and important
environmental features in the Town, such as wetlands, prime farmland, scenic
public views, topography, open space and wildlife habitat. This Ordinance acknowledges the
importance of these features on the long term economic climate of all uses in
the Town of
C. Limit
or prohibit uses of land which are incompatible with existing or permitted uses
in each zoning district and establish controls over potentially conflicting land
uses and uses which may need special regulations in order to be compatible with
surrounding development patterns and zoning.
D.
Provide protection against flood, explosion, noise, noxious fumes and
other hazards in the interest of the public health, safety, convenience and
general welfare.
E.
Promote safe conditions for motorists, pedestrians and bicyclists by
maintaining an acceptable level of service along streets and at driveways within
the Town, while ensuring property owners with reasonable, though not always
direct, access to property.
F.
Regulate the intensity of use of property in the Town and provide
standards for location of buildings through the use of minimum lot area, lot
coverage, height and setback
requirements.
G.
Promote the gradual elimination of uses, buildings and structures which
do not conform with the regulations and standards of
this Ordinance.
H.
Provide for administration of this Ordinance, including resolving
conflicts with other ordinances, collection of fees, procedures for petitions,
hearings and appeals; and to provide for any other matters authorized by Town
Law of the State of
I.
Balance the Town’s right to compatible and quality development with the
property owners’ right to a reasonable rate of return on their
investment.
J.
Conserve the taxable value of property in the Town, while promoting and
protecting the public health, safety and general welfare of the
residents.
SECTION 1.04
CONFLICT
Whenever any
provision of this Ordinance imposes a greater requirement or higher standard
than is required in any state or federal statute, the provision of this
Ordinance shall govern. Whenever any provision of any state or federal statute
imposes a greater requirement or higher standard than is required by this
Ordinance, the provision of such state or federal statute shall
govern.
SECTION 1.05
VALIDITY AND SEVERABILITY
This Ordinance and
the various components, articles, sections, subsections, sentences and phrases
are hereby declared to be severable.
If any court of competent jurisdiction shall declare any part of this
Ordinance to be unconstitutional or invalid, such ruling shall not affect any
other provisions of this Ordinance not specifically included in said
ruling. Further, if any court of
competent jurisdiction shall declare unconstitutional or invalid the application
of any provision of this Ordinance to a particular parcel, lot, use, building or
structure, such ruling shall not affect the application of said provision
to any other parcel, lot, use, building or structure not specifically included
in said ruling.