This chapter shall be known as the "Zoning Law
of the Town of Evans, Erie County, State of New York."
The purpose of this chapter and the intent of
the legislative authority in its adoption is to promote and protect
to the fullest extent permissible the environment of the Town and
its public health, safety, convenience, comfort, prosperity and the
general welfare by regulating the use of buildings, other structures
and land for residences, open space, public facilities, business,
services, industry or other purposes; by regulating and restricting
the bulk, height, design, lot coverage and location of structures;
by regulating and limiting population density; and, for the aforesaid
purposes, to divide the land within the limits of the Town into districts
of such number and dimensions in accordance with the objectives of
the Comprehensive Plan; and to provide procedures for the administration
and amendment of said chapter. This chapter is intended to achieve
the following objectives, among others:
A.
To protect the character and values of residential,
institutional and public uses and business, commercial and manufacturing
uses and to ensure their orderly and beneficial development.
B.
To provide adequate open spaces for light, air and
outdoor uses, including public, common and private open space areas.
C.
To prevent overcrowding of the land.
D.
To prevent excessive concentration of population and,
on the other hand, to prevent sparse and uncoordinated development.
E.
To regulate and control the location and spacing of
buildings on the lot and in relation to the surrounding property so
as to carry out the objectives of the Comprehensive Plan of the Town
and the Local Waterfront Revitalization Program.
F.
To protect persons and property from damage and injury
due to fire or flood.
G.
To preserve and protect significant natural features
and vegetation, thereby preventing ecological damage and visual blight
which occur when these features or vegetation are eliminated or substantially
altered to serve development purposes only.
H.
To assure that structures and land use arrangements
are aesthetically harmonious with nearby areas and structures.
I.
To regulate the location of buildings and intensity
of uses in relation to streets according to plan so as to minimize
interference and damage by traffic movements and hence result in reduced
street congestion and improved public safety.
J.
To establish zoning patterns that ensure economic
extensions for sewers, water supply, waste disposal and other public
utilities, as well as development of recreation, schools and other
public facilities.
K.
To guide the future development of the Town so as
to bring about the gradual conformity and continuity of land and building
uses in accordance with the objectives of the Comprehensive Plan.
L.
To accomplish the specific intents and goals set forth
in the introduction to the respective sections.
M.
To protect the community from visual pollution resulting
from the unregulated use of signs and other advertising devices.
A.
The provisions of this chapter shall not annul or
in any way interfere with existing deed or plat restrictions, easements
or other agreements between persons, codes, laws, rules, regulations
or permits previously adopted or issued, except those laws or sections
thereof which are contrary to and in conflict with this chapter.
B.
Wherever this chapter imposes greater restrictions
upon the use of structures or land or the height or bulk of buildings
or requires larger land or building areas, yards or other open spaces
than are otherwise required or imposed by deed or plat restrictions
or laws, this chapter shall control, and, conversely, other regulations
shall control where they impose greater restrictions than this chapter,
and for that purpose it shall not annul, modify or impair the provisions
of any existing deed or plat restrictions, easements or other agreements.
C.
In interpreting and applying the provisions of this
chapter, its provisions shall be held to be the minimum requirements
for the promotion of public health, safety, convenience, comfort,
prosperity and general welfare and to accomplish the intent thereof.
Except as specifically provided herein, it is not intended by the
adoption of this chapter to repeal, abrogate or annul any existing
provision of any law previously adopted relating to the use of structures
and land and the design, erection, alteration or maintenance of structures
thereon. Titles and headings have been inserted for convenience of
reference and are not intended to define or limit the scope of, or
otherwise affect any provisions in, this chapter.
