TITLE, ENACTING CLAUSE, PURPOSE, AND APPLICATION
SECTION 101 TITLE
A Local Law regulating the location, construction, and use of buildings and structures, and the use of land in the Village of Cassadaga, Town of Stockton, County of Chautauqua, State of New York, and for the said purposes of dividing the Village into districts. This Local Law shall be known and cited as the Zoning Law of the Village of Cassadaga.
SECTION 102 ENACTING CLAUSE
Pursuant to the authority conferred by the Laws of the State of New York and for each of the purposes specified therein, the Village Board of the Village of Cassadaga, Town of Stockton, County of Chautauqua, and the State of New York, has ordained and does hereby enact the following Local Law regulating and restricting the location, size, and use of the buildings and other structures, and the use of the land within the municipality.
SECTION 103 PURPOSE AND OBJECTIVES
A. Comprehensive Plan - The zoning regulations and districts set forth and outlined upon the zoning map are made in accordance with a comprehensive plan for the municipality. The enactment of the Zoning Law brings benefits to the community which may not be highly or immediately visible. However, the resulting conditions will enhance and preserve the quality of living, health, and safety for the municipality.
B. General -- General benefits derived from zoning laws include the following:
1.) promote health, convenience, economics, and general welfare of the community;
2.) balance the rights of the public at large, private landowners, and other various interest groups;
3.) encourage the positive shaping of the future and the long-range benefits associated with zoning
4.) allow for the maintenance of an equitable assessment rule;
5.) impose some reasonable restraints on opportunists; and
6.) permit amendments to meet changing needs and has built-in flexibilities for unique situations under local control.
C. Safety -- From a safety viewpoint, zoning laws will assist in the following:
1.) promote fire safety by controlling building heights, separation of structures, etc.;
2.) promote traffic safety by protecting the traffic-carrying capabilities of highways through setbacks, etc.;
3.) insure that floodplains are reasonably controlled with respect to types of uses, densities, etc.; and
4.) protect residents from other conditions which could cause injury or death.
D. Quality -- Zoning laws perpetuate the highest possible quality of life by:
1.) maintaining a rural atmosphere in selected areas;
2.) promoting the retention of an aesthetically pleasing community by minimizing nuisances and visually unattractive developments;
3.) insuring adequate light, air, and open space; and
4.) maintaining the character of residential neighborhoods by providing appropriate locations for living and raising a family through types of uses encouraged in a district.
E. Economics – These Zoning laws will contribute to neighborhood stability by:
1.) optimizing the use of existing infrastructure;
2.) utilizing existing roadways optimally while discouraging the creation of new roads, except as needed;
3.) encouraging the retention of prime agricultural, commercial, and industrial properties for those uses
for which they are most suited; and
4.) encouraging the largest tax base possible through controlled development.
F. Stability – These Zoning laws will contribute to neighborhood stability by:
1.) keeping rural municipalities from being a dumping ground;
2.) protecting property values and individual investments by encouraging proper development for each
type of district;
3.) maintaining the character of a neighborhood by providing a stable and orderly living environment;
4.) keeping nuisances to a minimum, especially in residentially oriented neighborhoods; and
5.) allowing for the creation of a fair tax base by being kept informed of both new construction and
G. Health - Zoning laws protect public health through establishment of standards which address the following issues:
A zoning law:
1.) insures that appropriate amounts of light, air, and open space are available for all residents;
2.) reinforces health standards, particularly with respect to sewage and water-related problems; and
3.) keeps unhealthy situations from arising which could cause disease or injury.
H. Bundle of Rights Associated with Ownership of Property --
1.) The Right to Use
2.) The Right to Sell
3.) The Right to Lease or Rent
4.) The Right to Enter or Leave (Real Property)
5.) The Right to Give Away
6.) The Right to Refuse to Do Any of These
SECTION 104 APPLICATION OF REGULATIONS
A. Compliance Responsibility -- It shall be the responsibility of all property owners, developers, lessors, or others involved with the temporary or permanent use of land or structures to comply with the regulations of this Zoning Law. No building or buildings shall be erected or altered which will substantially limit the usefulness or depreciate the value of surrounding properties.
B. Regulation Responsibility -- The regulations of this law shall apply and shall require a zoning permit (except as specifically exempted) for the following situations:
1.) to occupy a structure or land;
2.) to erect, alter, enlarge, move, or demolish a structure; and
3.) to change one use to another use to include the increasing of families utilizing land or structures.
C. Other Related Regulations -- The following regulations shall, as applicable, be complied with prior to occupancy or where specifically stated prior to issuance of a zoning permit:
1.) Subdivision Laws - State and existing local subdivision laws must be complied with in addition to this
2.) National Flood Insurance Program - It shall be the responsibility of the applicant for a zoning/building
permit to insure that the National Flood Insurance regulations as well as the zoning regulations shall be complied with for those parcels located within the flood plain as shown on official Flood Insurance Administration maps.
3.) State Environmental Quality Review Act - Any development requiring a permit or any amendments to
this Law shall be subject to an Environmental Assessment in accordance with state law.
4.) Health Department Rules - In areas not served by municipal sewer or water systems, the regulations
of the State, County, and Local facilities will apply. The applicant for a building or zoning permit must obtain a copy of the required health department permits for attachment to his application BEFORE the issuance of local approval.
5.) Fire and Building Code - No structure shall be erected, altered, or used unless it complies, where
applicable, with the New York State Uniform Fire & Building Code.
6.) Department of Environmental Conservation – All permits, registrations, and approvals, as required.