TOWN OF NORTH HARMONY
LOCAL LAW NO. __1__ FOR THE YEAR 2015
A LOCAL LAW TO CREATE THE COMMERCIAL/RESIDENTIAL (C-1A) DISTRICT AND AMEND CURRENT ZONING MAP
Be it enacted by the Town Board of the Town of North Harmony, Chautauqua County, New York, modifications to the Town of North Harmony Zoning Law as follows:
Section 1. INTENT
The Town Board of the Town of North Harmony, as the local legislative body with the authority to enact and amend zoning regulations, enact the modifications contained in this Local Law to the Town of North Harmony Zoning Law and Town of North Harmony Zoning Map based upon the following findings:
It is the duty of the Town Board to encourage the most appropriate use of land within the Town of North Harmony;
The Town of North Harmony, and its inhabitants, will be best served if the Town strives to create a balanced and efficient pattern of land development that promotes economic stability and development; and
The modifications enacted by this Local Law, with the controls contained herein, will have no greater impact upon the community than similar uses contained within the Town of North Harmony Zoning Law and will also allow for new approaches to utilizing and developing existing commercial and residential land in an efficient manner.
Section 2. AUTHORITY
This local law is adopted under the authority granted by:
Article IX of the New York State Constitution;
Consolidated Laws of the State of New York, Chapter 62, Article 16;
New York Municipal Home Rule Law, Article 2, §10; and
New York Town Law, §264 & §265.
Section 3. ARTICLE II, SECTIONS 200 & 202 – DEFINITIONS – TOWN OF NORTH HARMONY ZONING LAW
The following term is added to Article II, Section 200 – “Listing of Definition Terms” of the Town of North Harmony Zoning Law in the appropriate alphabetical position:
CORNER GROCERY STORE
The following definition is added to Article II, Section 202 of the Town of North Harmony Zoning Law in the appropriate alphabetical position and replacing the current definition if duplicative:
CORNER GROCERY STORE: An establishment of 7,500 square feet or less of gross floor area engaged in the sale of goods or merchandise for personal or household consumption. Such establishments will be located at the intersection of two public streets.
Section 4. ARTICLE III-ESTABLISHMENT OF DISTRICTS- TOWN OF NORTH HARMONY ZONING LAW
The following district is added to the Section 301 – Creation and Enumeration of Districts:
Commercial Residential District (C-1A)
The existing Article III, Section 302 – Zoning Map, is hereby amended to include the boundary of the new Commercial Recreational District (C-1A) as follows:
All land contained within the boundaries of parcels 384.11-1-18, 384.11-1-19, 384.11-1-20 and 384.11-1-21 as shown on the Chautauqua County Real Property Maps on March 23, 2015 and further delineated on Attachment A.
Section 5. ARTICLE IV-DISTRICT REGULATIONS- TOWN OF NORTH HARMONY ZONING LAW
The following purpose shall be added to Article IV, Section 401 (A.) of the Town of North Harmony Zoning Law:
“13.) Commercial-Residential District (C-1A) – The purpose of the C1-A District is to create an opportunity for
small commercial facilities to be integrated into a neighborhood setting in a manner that retains community character and establishes a balanced mix of uses.
C-1A will be added to the “District Use Table” in Article IV, Section 402 of the North Harmony Zoning Law.
The following uses will be allowed “By Right” under Article IV, Section 402 of the Town of North Harmony Zoning Law for the C1-A District category:
Single Family House
The following uses will be allowed by “Special Use Permit” under Article IV, Section 402 of the Town of North Harmony Zoning Law for the C1-A District category:
Corner Grocery Store
Farmer’s Market
Antique Shop
Auction House
Artisan Shop
Arts and Crafts
All uses allowed by “Special use Permit” within the C1-A District shall also be required to undergo “Site Plan Review.”
The following area standards shall be added to Article IV, Section 403 of the Town of North Harmony Zoning Law:
District C1-A
Minimum Lot Size (Sq. Ft.) 40,000
Minimum Lot Width (Feet) 100
Maximum Lot Coverage (% of Lot Coverage) 50%
Minimum Front Yard (Feet from Street Edge) 50
Minimum Side Yard (Feet) 15
Minimum Rear Yard (Feet) 15
Maximum Structure Height (Feet) 35
Minimum Floor Space (Sq. Ft. of Living Space/Unit) 1000
Maximum Building Size (Sq. Ft. of building) 7500
Section 6. SAVINGS CLAUSE.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 7. _ EFFECTIVE DATE.
This local law shall take effect immediately upon filing with the Secretary of State.
ADOPTED: 3/30/2015
