The names and the designated symbols of the
zoning districts established by this chapter shall include:
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AC Agricultural Conservation
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RR Rural Residential
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MD Medium Density Residential
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HD High Density Residential
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WF Waterfront Residential
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TH Townhouse Residential
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RB Restricted Business
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NC Neighborhood Commercial
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GC General Commercial
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HC Highway Commercial
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LI Light Industrial
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EPOD Environmental Protection Overlay
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The location, areas and boundaries of the foregoing
districts and classes of districts are hereby established as shown
on the Official Zoning Map of the Town of Parma filed in the office
of the Town Clerk of the Town of Parma,[1] which may be amended, from time to time by action of the
Parma Town Board and which map with all explanatory matter shown thereon
is hereby made a part of this chapter. Such map shall be duly certified
as required by law and shall supersede any map heretofore adopted
as the Official Zoning Map of the Town of Parma.
[1]
Editor's Note: The Zoning Map is attached to this chapter.
All zoning district boundaries shall follow
property lines, center lines of streets or roads, corporate limits,
or streams, unless otherwise located by an appropriate reference in
the Official Zoning Map. In the event that the above rule is not applicable,
the location of such boundary will be dimensioned.
Except as hereinafter provided, each lot which
is created or modified, each building or part thereof which is placed,
erected, constructed, altered or moved and each building or lot which
is occupied or used after the effective date of this chapter shall
comply with the regulations of the district within which said lot,
building or use is located. If the restrictions imposed by this chapter
conflict with the restrictions imposed by other laws, ordinances,
rules or regulations, the greater restriction shall prevail.
Schedule I[1] sets forth the various zone districts, the list of permitted
and special permitted uses for each district, the minimum dimensional
criteria, building height and maximum building coverage.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
A.
Purpose. The purpose of these provisions is to offer
incentives to applicants who provide amenities that assist the Town
in achieving specific physical, cultural and social policies described
in the Town of Parma Comprehensive Plan and as may be further supplemented
by local laws and ordinances adopted by the Town Board.
B.
Districts designated for incentives. Land within any
zone district may be eligible for zoning incentives. Incentives may
be offered to applicants who offer an acceptable amenity to the Town
in exchange for the incentive.
C.
Amenities for which incentives may be offered.
(1)
The following amenities may be either on or off the
site of the subject application:
(a)
Preservation, to the greatest extent possible,
of viable agricultural land for farm operations.
(b)
Passive and active open space and related improvements.
(c)
Road and/or utility improvements.
(d)
Cultural or historic facilities.
(e)
Provision of senior citizen or "elderly" housing
facilities, provided that such uses shall be located in areas which
are zoned as RR Rural Residential, MD Medium Density Residential or
HD High Density Residential.
(f)
Other amenities to residents of the Town which
help to implement specific physical, cultural and social policies
in the Comprehensive Plan.
(g)
Cash in lieu of any amenity(ies).
D.
Incentives permitted. The following incentives may
be granted by the Town Board to the applicant on a specific site:
E.
Criteria and procedure for approval.
(1)
Applications for incentives in exchange for amenities
shall be submitted to the Town Board. In order for the Town to evaluate
the adequacy of amenities proposed in exchange for the incentive requested,
the applicant shall provide the following information:
(a)
The proposed amenity.
(b)
The cash value of the proposed amenity.
(c)
A narrative which:
[1]
Describes the benefits to be provided to the
community by the proposed amenity.
[2]
Indicates that there are adequate sewage disposal,
drainage, water, transportation, trash disposal and fire protection
facilities in the zoning district in which the proposal is located
to accommodate the demands generated by the incentive and amenity
which are beyond the demands that would be placed on the existing
facilities if the district were developed to its fullest potential.
[3]
Explains how the amenity helps implement the
physical, social or cultural policies of the Town of Parma Comprehensive
Plan and as may be supplemented by local laws and ordinances adopted
by the Town Board.
(d)
The requested incentive.
(2)
The Town Board shall review the proposal and inform
the applicant as to whether or not the proposal is worthy of further
consideration. If it is deemed worthy of further consideration, the
applicant may then submit two sketch plans to the Planning Board in
accord with the following procedures and requirements:
(a)
The first sketch plan.
[1]
The first sketch plan shall show how the site will be developed, with the amenity, if it is on-site, and the incentive. In addition to meeting the requirements of Chapter 130, Subdivision of Land, and this chapter, the sketch plan shall also show existing development, property owners' names and tax account numbers for all properties within 500 feet of the property lines of the proposed project or such other distance as specified by the Town Board.
[2]
If the incentive will result in an increase
in the height of a structure, the applicant shall submit an elevation
drawing, at a scale of 1/4 inch equals one foot, which shows the height
permitted by district regulations, the proposed additional height,
the distance to other principal structures on-site and on adjacent
properties and their heights, as well as the locations of all property
lines.
[3]
If the incentive will result in a reduction
of the setback requirement, the drawing shall show this reduction
in relation to the principal structures on-site and on adjacent properties,
as well as the locations of all property lines.
[4]
If the incentive will result in a change to
the floor area requirements, the drawing shall note the change in
relation to each site.
(b)
The second sketch plan shall show existing development,
the names of property owners and tax account numbers for all properties
within 500 feet of the property line of the project site or such other
distances as specified by the Town Board. This sketch plan shall show
how the site would be developed exclusive of any amenity or incentive.
(c)
The applicant shall also submit such additional
information and plans as may be required by the Planning Board which,
in its judgment, are necessary in order to perform a thorough evaluation
of the proposal.
(3)
The Planning Board shall review the proposal and report
to the Town Board with its evaluation of the adequacy with which the
amenity(ies)/incentive(s) fit the site and how they relate to adjacent
uses and structures. The Planning Board's review shall be limited
to the planning design and layout considerations involved with project
review or such other issues as may be specifically requested by the
Town Board. The Planning Board's report shall be submitted to the
Town Board within 70 days from the date of the Planning Board meeting
at which the proposal is first placed on the agenda. This time period
may be extended/suspended for good cause by the Town Board.
(4)
The Town Board shall review the Planning Board's report
and notify the applicant as to whether it is willing to further consider
the proposal. All requests submitted subject to the incentive provisions
of this chapter shall require a public hearing by the Town Board.
The Town Clerk shall give notice of all public hearings on incentive
zoning requests in the official newspaper of the Town at least five
days prior to the date of the hearing.
(5)
All applicable requirements of the State Environmental
Quality Review (SEQR) Act shall be complied with as part of the review
and hearing process. In addition to other information that may be
required as part of an environmental assessment of the proposal, the
assessment shall include verification that the zoning district in
which the proposal is to be located has sufficient sewage disposal,
water, transportation, waste disposal and fire protection facilities
to:
(a)
Serve the remaining vacant land in the district
as though it were developed to its fullest potential under the district
regulations in effect at the time of the amenity/incentive proposal;
and
(6)
Following the hearing and in addition to compliance with all SEQR requirements, the Town Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to the Planning Board and other Town boards and officials for review and comment. In order to approve an amenity/incentive proposal, the Town Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on an application for preliminary approval pursuant to Chapter 130, Subdivision of Land, and this chapter.
(7)
Following preliminary plan approval and subject to
meeting all conditions established in conjunction with the approval
of the preliminary plan, including all documentation required by the
Town Attorney and Town Board on the amenity, the applicant may submit
a final plan for review and approval.
(8)
Upon final plan approval, the Town Clerk shall affix
a reference to the Official Zoning Map that this site was developed
under the Town's incentive zoning provisions and include a reference
to the date such action was taken.
F.
Cash payment in lieu of amenity. If the Town Board
finds that an on-site amenity is not suitable or cannot be reasonably
provided, the Town Board may require a cash payment in lieu of the
provision of the amenity. These funds shall be placed in a trust fund
to be used by the Town Board exclusively for specific amenities to
be described prior to the acceptance of funds. Cash payments shall
be made prior to the issuance of a building permit. Cash payments
in lieu of amenities are not to be used to pay general and ordinary
Town expenses.
