This chapter shall be known as the "Zoning Local
Law of the Town/Village of East Rochester, New York."
Enactment of this chapter by the Town/Village
of East Rochester is pursuant to Article 7 of the Village Law of the
State of New York.
The zoning regulations and districts as herein
established have been made in accordance with a Comprehensive Plan
to promote present and future needs and the safety, morals, order,
convenience, prosperity and general welfare of the residents of East
Rochester, New York, and to provide for efficiency and economy in
the process of redevelopment, for the appropriate and best use of
land, for convenience of traffic and circulation of people and goods,
for the appropriate use and occupancy of buildings, for healthful
and convenient distribution of population, for good civic design and
arrangement, including the preservation and enhancement of the attractiveness
of the community, and for adequate public utilities, public services
and facilities by regulating and limiting or determining the height
and bulk of buildings and structures, the area of yards and other
open spaces and the density of use. They have been made with reasonable
consideration, among other things, for the existing use of property,
for the character of the district and its peculiar suitability for
particular uses and for trends of growth or change and with a view
to conserving the value of land and buildings and encouraging the
most appropriate use of land throughout the Town/Village of East Rochester.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of public health, safety, comfort, convenience
and general welfare. It is not intended by this chapter to repeal,
abrogate, annul or in any way to impair or interfere with any existing
provisions of the law or any ordinance or any rules, regulations or
permits previously adopted or issued or which shall be adopted or
issued, pursuant to law, relating to the use of buildings or premises,
nor is it intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of buildings
or requires larger yards or other open spaces than are imposed or
required by such existing provisions of law or ordinance or by such
rules, regulations or permits or by such easements, covenants or agreements,
the provisions of this chapter shall control.
Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive or those imposing
the highest standards shall govern.
This chapter may be amended by changing the
boundaries of districts or by changing any other provision thereof
whenever the public necessity and convenience and the general welfare
require such amendment by following the procedures set forth herein
and the applicable requirements of state law.
A.Â
Authorization to initiate amendments. An amendment
to the text or the Zoning Map may be initiated by:
B.Â
Application for an amendment. A property owner or
his agent may initiate a request for an amendment to this chapter
by filing an application with the Town/Village Clerk-Treasurer, using
forms provided for such requests by the Town/Village. Such application
shall be accompanied by a legal description of the property or properties
affected, a map showing the property or properties affected and all
properties within a radius of 500 feet of the exterior boundaries
thereof and a filing fee as required in the Town/Village's fee schedule
established by resolution.
C.Â
Public hearing on amendment. A public hearing shall
be held by the Town/Village Board of Trustees on all proposals for
an amendment. Notice of said hearing shall be provided at least 10
days prior to the date of the hearing, as specified by the applicable
provisions of state law.
D.Â
Referral to Zoning Board of Appeals. The Town/Village
Board of Trustees shall refer all applications for a zoning amendment
to the Zoning Board of Appeals, when such was not initiated by such
Board, for review and recommendation. The Town/Village Board of Trustees
may also specify the time limit on the review by the Zoning Board
of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.Â
Hearing before Town/Village Board of Trustees. When
applicable, in no case shall any amendment or change be finally considered
by the Town/Village Board of Trustees until all provisions of this
chapter have been met. If the Town/Village Board proposes to adopt
an amendment that is substantially altered from the recommendation
of the Zoning Board of Appeals, the Town/Village Board of Trustees
may refer said proposed amendment back to the Zoning Board of Appeals
for report and recommendation before adoption.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.Â
Notification of decision. The Town/Village Board of
Trustees shall notify the applicant for amendment in writing of the
Town/Village Board of Trustees' decision within five days after the
decision has been rendered.
G.Â
Records of amendments. The Town/Village Clerk-Treasurer
shall maintain separate files and records of each amendment to this
chapter, which shall be open to public inspection upon request.
