[Amended 4-9-1975 by L.L. No. 1-1975]
The area of the Town of North Collins outside the incorporated
area of the Village of North Collins is hereby divided into the following
zoning districts:
A.
Residence
districts:
|
R-1
|
Single-Family Residence District
| |
|
R-2
|
General Residence District
| |
|
R-M
|
Residence-Mobile Home Court District
| |
|
R-A
|
Residence-Agricultural District
| |
|
R-C
|
Residence-Restricted Business District
|
B.
Business districts:
|
C-1
|
Local Retail Business District
| |
|
C-2
|
General Commercial District
|
C.
Industrial
districts:
|
M-1
|
Planned Light Industrial District
| |
|
M-2
|
General Industrial District
|
The location and boundaries of any or all of the aforementioned
zoning districts are shown on the map entitled "Town of North Collins
Zoning Map," which, with all explanatory matter thereon, is hereby
incorporated into this chapter and shall be as much a part of this
chapter as if fully set forth and described herein.[1] As evidence of the authenticity of the Zoning Map, said
map and all amendments thereto shall be duly certified by the Town
Clerk and shall be posted and filed according to Article 16 of the
Town Law. The Town Board shall determine which, if not all, of the
aforesaid zoning districts mentioned in the text of this chapter shall
appear, by location and boundaries, on the Zoning Map at any given
time.
[1]
Editor's Note: The Zoning Map is on file in the Town
offices.
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the Town of North Collins Zoning
Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center lines of streets or highways, street lines or highway right-of-way
lines such center lines, street lines or highway right-of-way lines
shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries.
C.
Where district boundaries are so indicated that they are approximately
parallel to the center lines or street lines of streets or the center
lines or right-of-way lines of highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map. If no distance is given,
such dimension shall be determined by the use of the scale shown on
said Zoning Map.
D.
Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of the main tracks of
said railroad line.
Except as hereinafter provided:
A.
No building, other structure or land shall hereafter be used or occupied
and no building or other structure or part thereof shall be erected,
relocated, altered, extended or enlarged unless in conformity with
the use, height and area regulations specified herein for the district
in which such building, other structure or land is located and in
conformity with all other regulations of this chapter.
B.
No lot area shall be reduced or diminished so that the yards or other
open space thereon shall be less than prescribed by this chapter,
nor shall the density of population be increased in any manner except
in conformity with area requirements herein established. If, at the
time of adoption of this chapter or of any subsequent amendment increasing
the area or open space requirements, the lot area or required open
spaces are less than the minimum required by this chapter, such area
or open space shall not be further reduced.
C.
No yard or other open space provided on one lot for the purpose of
complying with the provisions of this chapter shall be considered
as providing a yard or open space required on any other lot.
[Amended 12-4-1991 by L.L. No. 2-1991]
The regulations of this chapter shall not be so construed as
to limit or interfere with the dedication, development or use of any
land or building for public parks, public playgrounds or public schools
required for compulsory education; or with the use of land or buildings
owned by the United States Government, the State of New York, the
County of Erie or the Town of North Collins and used for governmental
purposes; or with the construction, installation, operation and maintenance
for public utility purposes of water or gas pipes, mains or conduits,
electric light or electric power transmission or distribution lines,
telephone or telegraph lines, oil pipelines, sewers, sewer mains or
incidental appurtenances; or with any highway or railroad right-of-way
existing or hereafter authorized by the State of New York, duly constituted
public authorities of the State of New York, the County of Erie or
the Town of North Collins. These exceptions, however, shall not be
interpreted to permit yards, garages or other buildings for service
or storage by said public utilities which are otherwise prohibited
by this chapter in appropriate districts.
Nothing contained in this chapter shall prevent the construction
of a building or other structure for which a building permit has been
lawfully issued and which is made nonconforming by this chapter or
subsequent amendments thereto, provided that either:
A.
Construction of the foundation shall have commenced prior to the
nonconforming date and construction thereafter is diligently prosecuted;
or
B.
The Zoning Board of Appeals makes a finding that substantial expenditures
have been made or substantial financial obligations have been incurred
for such nonconforming building or structure prior to the nonconforming
date.
A.
In their interpretation and application, the provisions of this chapter
shall be considered to be minimum requirements to promote and protect
the public health, safety, comfort, convenience and prosperity and
other aspects of the general welfare.
B.
Whenever any provision of this chapter is at variance or conflict
with any other provision of this chapter or any other statute, local
ordinance or regulation covering any of the same subject matter, the
most restrictive provision or the one imposing the higher standard
shall govern.
