Whereas all the procedures, notices and hearings required by law have been complied with, now therefore the Board of Trustees of the Village of Honeoye Falls ordains, enacts and publishes the following chapter establishing zoning regulations for the Village of Honeoye Falls, New York, and providing for the enactment, administration and amendment thereof pursuant to the provisions of New York State Village Law, Article 7.
This chapter shall be known and may be cited as the "Zoning Code of the Village of Honeoye Falls, New York." For convenience, it is also referred to throughout this chapter as the "zoning law" or "zoning code."
This chapter is adopted for the purpose of promoting the health, safety, morals or the general welfare of the community of the Village of Honeoye Falls and in furtherance of the following related and more specific objectives:
A. 
To guide and regulate the orderly growth, development and redevelopment of the municipality in accordance with a Comprehensive Plan and with long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people.
B. 
To protect the established character and the social and economic well-being of both private and public property.
C. 
To promote, in the public interest, the utilization of land for the purpose for which it is most appropriate.
D. 
To secure safety from fire, panic and other dangers and to provide adequate light, air and convenience of access.
E. 
To prevent overcrowding of land or buildings and to avoid undue concentration of population.
F. 
To lessen and, where possible, to prevent traffic congestion on public streets and highways.
G. 
To eliminate nonconforming uses gradually.
H. 
To conserve the value of buildings and to enhance the value of land throughout the municipality.
I. 
To conserve and reasonably to protect the natural scenic beauty of the municipality and its environs.
A. 
The regulations of this chapter apply to all development, public or private, within the corporate limits of the Village of Honeoye Falls unless otherwise expressly stated in this chapter.
B. 
Except as hereinafter provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used except for a purpose specifically permitted by the provisions of the use regulations for the district in which such building or structure, lot or land is located on the Zoning Map.
C. 
Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use.
D. 
A specially permitted use authorized by this chapter shall be deemed a conforming use.
E. 
A use authorized by a variance from the use regulations of this chapter shall be deemed a nonconforming use.
This chapter shall be in effect immediately upon adoption and publication as provided by New York State law.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other portion of this chapter. The Village Board hereby declares that it would have adopted every section, subsection, paragraph, sentence, clause and phrase of this chapter regardless of the fact that any other section, subsection, paragraph, sentence, clause or phrase is declared invalid.
A. 
Applications prior to effective date. Development applications that were submitted in complete form and are pending approval before the effective date will be reviewed wholly under the terms of the zoning law in effect immediately before the effective date, unless a formal written request is submitted in writing by the applicant requesting review under this chapter. The applicant's request for this chapter to be applied, once submitted, may not be changed. All development applications submitted within a three-month grace period of the effective date may also be reviewed wholly under the terms of the zoning law in effect immediately before the effective date if requested by the applicant in writing.
B. 
Permits granted prior to effective date. Any building, development or structure for which a building permit was issued before the effective date may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this chapter. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this chapter.
C. 
Continuance of violations. Any violation of the previous zoning law will continue to be a violation under this chapter and be subject to penalties and enforcement under New York State Village Law. If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this chapter, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this chapter. The adoption of this chapter does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous law that occurred before the effective date of this chapter.
D. 
Continuing nonconformities. Any nonconformity under the previous zoning law will also be nonconformity under this chapter, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this chapter, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
A. 
Except as hereinafter provided, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged, rebuilt, or moved except in conformity with the provisions of the dimensional and bulk regulations for the district in which such building or structure is located on the Zoning Map.
B. 
Any lawful existing building or structure that does not conform to such dimensional regulations of this chapter shall be deemed a nonconforming building or structure, irrespective of the use to which it is put.
C. 
A building or structure or part thereof authorized as a variance from the dimensional regulations of this chapter, granted by the Board of Appeals, shall be deemed a nonconforming building or structure or part thereof.