This chapter is adopted under the authority provided to the
Town of Massena by Article 16, §§ 261 and 281, of New
York State Town Law and Article 2, § 10, of New York State
Municipal Home Rule Law.
This chapter is adopted to protect and promote the public health,
safety and welfare, in particular:
A.
The facilitation of the efficient and adequate provision of public
facilities and services.
B.
The assurance of adequate sites for residence, industry and commerce.
C.
The provision of privacy for families.
D.
The prevention and reduction of traffic congestion, so as to promote
efficient and safe circulation of vehicles and pedestrians.
E.
The maximum protection of agricultural and residential areas.
F.
The enhancement of the appearance of the Town of Massena as a whole.
G.
The encouragement of flexibility in the design and development of
land in such a way as to promote the most appropriate use of lands,
to facilitate the adequate and economical provision of streets and
utilities and to preserve the natural and scenic qualities of open
lands.
H.
The incorporation of standards related to coastal policies that have
been adopted as part of the Massena-Louisville Local Waterfront Revitalization
Planning Program.
I.
The maintenance of the community character of the Town of Massena.
A.
The provisions of this chapter, in their interpretation and application,
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
B.
This chapter is not intended to interfere with, abrogate, or annul
any other law, rule or regulation, statute or provision of law. Where
any of the provisions of these regulations impose restrictions different
from any other law, rule or regulation or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control. This chapter, however, shall repeal and replace in
its entirety the Zoning Regulations approved by the Town Board on
April 8, 1987, including all amendments thereto preceding the enactment
of this chapter as local law.
C.
If any part or provision of these regulations is judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in application to the part or provision directly on which judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this chapter or the application thereof to other
persons or circumstances. The Town hereby declares that it would have
enacted the remainder of these regulations even without such part
or provision or application.
D.
New York State departments available for assistance: Agriculture
and Markets Department, St. Lawrence County Health Department, Department
of Environmental Conservation, Water and Soil Department, and Department
of Transportation.
The preexisting Town of Massena Zoning Ordinance is hereby repealed,
in addition to the repeal of any other Town ordinances or resolutions
or parts thereof that were adopted prior to this chapter that are
clearly in direct conflict with this chapter.
This chapter shall be effective immediately upon enactment.
The preexisting Town of Massena Zoning Ordinance is hereby repealed,
in addition to the repeal of any other Town ordinances or resolutions
or parts thereof that were adopted prior to this chapter that are
clearly in direct conflict with this chapter.
The development standards contained herein are minimums and
shall apply to each dwelling unit unless otherwise specifically provided.
Two single-family dwellings on the same lot shall, for example, require
the equivalent of two minimum-sized lots insofar as lot area. Single
studio apartments occupied by immediate family members shall, however,
be exempt from this requirement.