A. Purpose: This Title is adopted for the purpose of:
1. Promoting the public health, safety, comfort, morals, convenience, and general welfare;
2. Securing adequate light, pure air, pure water and safety from fire and other dangers;
3. Conserving the taxable value of land and buildings throughout the Village;
4. Preserving sites, areas and structures of historic, architectural and aesthetic importance.
B. Standards And Objectives Set: To these ends, this Title is designed to set up and accomplish certain standards and objectives by:
1. Dividing the entire Village into districts and restricting and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land whether for residence, business or other specified uses;
2. Avoiding or lessening congestion in the public streets;
3. Preventing the overcrowding of land through regulating and limiting the height and bulk of buildings thereafter erected as related to land area;
4. Establishing, regulating and limiting the building or setback lines on or along streets, alleys, or property lines;
5. Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding such buildings;
6. Establishing standards to which buildings or structures therein shall conform;
7. Prohibiting uses, buildings, or structures incompatible with the character of the residence or business districts;
8. Preventing additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;
9. Providing for the gradual elimination of those uses, buildings and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto:
a. Elimination of such uses of unimproved lands or lot areas when existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued;
b. Elimination of uses to which such buildings and structures are devoted if they are adaptable for permitted uses; and
c. Elimination of such buildings and structures when they are destroyed or damaged in a major part.
10. Defining and limiting the powers and duties of the administrative officers and bodies as provided hereinafter;
11. Prescribing penalties for the violation of the provisions of this Title or of any amendment thereto.
C. Consolidation Of Provisions: The enactment of this Title is intended to be a consolidation of the Zoning Map first adopted October 17, 1960, and as thereafter amended, including but not limited to the following: Ordinance 78-1, providing for a planned development in territory annexed to Wayne (North Country); Ordinance 80-03, which zones certain parcels as H Historic Preservation District; Ordinance 84-13, establishing a Commercial Equestrian District zone and, Ordinance 88-02A, establishing a commercial equestrian special use. The legal descriptions, maps and/or zoning classifications and conditions of use, if any, contained in these and other ordinances involving Map amendments, or the granting of special uses are hereby incorporated herein by reference. (Ord. 89-13, 5-16-1989)
A. Plan Adopted: The Comprehensive Plan for the Village, dated July 30, 1991, prepared by Robert B. Taske and Associates, Inc., and accompanying maps incorporated herein by reference as if fully set forth, together with the Village subdivision regulations dated August 6, 1991, and as thereafter amended, set out in Title 11 of this Code, and the Wayne Zoning Ordinance adopted May 16, 1989, and as thereafter amended, set out in Title 10 of this Code, together with all maps and appendices prepared in conjunction therewith, be and the same are hereby formally adopted as the Official Comprehensive Plan and Official Map for the Village.
B. Copies On File: Copies of the Official Comprehensive Plan and Official Map of the Village, together with this Chapter shall be placed on file with the Village Clerk, and shall be available at all times during business hours for public inspection. (Ord. 91-22, 8-6-1991)
A. Minimum Requirements: In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
B. Deciding Factors When Provisions Differ:
1. Where the conditions imposed by any provision of this Title upon the: a) use of land or buildings; b) the bulk of buildings; c) floor area requirements; d) lot area requirements; and e) yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which imposed higher standards or requirements shall govern.
2. This Title is not intended to abrogate any easement, covenant, or other private agreement; provided that, where the regulations of this Title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Title shall govern.
C. Unlawful Buildings, Structures Or Uses: No building, structure or use, not lawfully existing at the time of the adoption of this Title, shall become or be made lawful solely by reason of the adoption of this Title; and to the extent that and in any manner that said unlawful building, structure or use is in conflict with the requirements of this Title, said building, structure or use remains unlawful hereunder. (Ord. 89-13, 5-16-1989)
It is hereby declared to be the intention of the Village President and Board of Trustees that the several provisions of this Title are separable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this Title to be invalid, such judgment shall not affect any other provision of this Title not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.
C. If any court of competent jurisdiction shall adjudge this entire Title to be invalid, then the prior Wayne Zoning Ordinance, as amended, shall continue in full force and effect as if not repealed, pursuant hereto. (Ord. 89-13, 5-16-1989)
Any person, or anyone acting in behalf of said person, who violates the terms of this Title shall be guilty of a petty offense punishable by a fine as provided in Section 1-4-1 of this Code, with each day the violation remains uncorrected constituting a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Title. (Ord. 89-13, 5-16-1989; amd. 1998 Code)