A.
The purpose of the City Council in adopting this chapter
is to provide for the orderly development of the City of Lackawanna
in accordance with the recently adopted City of Lackawanna Comprehensive
Plan. The Zoning Chapter is developed to:
(1)
Protect the character and values of open space, residential,
commercial, industrial and institutional land uses;
(2)
Regulate the location and intensity of buildings and
uses;
(3)
Preserve and protect significant natural features
and vegetation, thereby preventing ecological damage and visual blight
which occur when those features or vegetation are eliminated or substantially
altered to serve economic purposes alone;
(4)
Encourage the use of the Lake Erie shoreline within
the boundaries of the City of Lackawanna as a unique resource with
regional significance;
(5)
Preserve and promote the general attractiveness of
the City and ensure that structures and land use arrangements are
aesthetically harmonious with surrounding structures and land uses;
(6)
Facilitate the provision of adequate transportation
and parking facilities to maximize the utility of transportation infrastructure,
protect the safety of pedestrians and motorists, and promote the convenience
of consumers and employers;
(7)
Encourage the efficient use of community development
infrastructure while preventing the overcrowding of land and excessive
concentration of population;
(8)
Provide adequate open spaces for light, air and outdoor
uses; and
(9)
Protect persons and property from damage and injury
due to fire or flood; and to respect and implement the purposes and
scope of the Federal Flood Insurance Study for the City of Lackawanna,
and all amendments thereto, as a guide to orderly flood plain management
in the City of Lackawanna.
B.
This Zoning Chapter has been developed with consideration
for, among other things:
This chapter shall be known and may be cited
as the “City of Lackawanna Zoning Law" for the City of Lackawanna,
County of Erie, State of New York.
The Zoning Ordinance of the City of Lackawanna
adopted October 20, 1986, the corresponding Zoning Map, together with
all subsequent amendments, are repealed on the effective date of this
Zoning Chapter.
A.
General application. This chapter shall apply on its
effective date to all uses that have not commenced and structures
that have not been constructed regardless of the status of permits
or certificates of occupancy issued pursuant to the New York State
Uniform Fire Prevention and Building Code.
B.
Buildings under construction. Nothing herein contained
shall require any change in plans, construction or designated use
of a building for which a building permit has been issued and which
the entire building shall be completed within one year from the date
of the passage of this chapter.
C.
Future projects. No building, structure or land shall
hereafter be used or occupied and no building or structure shall be
erected, relocated, extended, enlarged or altered except in conformity
with the regulations hereinafter designated for the district in which
such building, structure or land is located.
A.
Conflict with other laws and regulations.
(1)
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 ordinances or
sections which are contrary to, or in conflict with, this Zoning Chapter.
(2)
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements, adopted
for the promotion of the public health, safety and welfare. Whenever
the requirements of this chapter are inconsistent with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the highest standards, shall govern.
B.
Minimum requirements declaration. In the interpretation,
application and enforcement of the provisions of this chapter, the
provisions thereof shall be held to be minimum requirements necessary
for the protection of the public health, safety, convenience, comfort
and prosperity and general welfare of the City and shall apply uniformly
to each class or kind of structure or land therein, except as otherwise
provided in this chapter.
