This chapter shall be known and may be cited
as the "Zoning Law of the Town of Perinton."
This chapter shall apply to the entire area
of the Town of Perinton, excluding those areas within the corporate
limits of the Villages of East Rochester and Fairport.
[Amended 9-12-2012 by L.L. No. 8-2012]
A.
There is hereby established a comprehensive zoning plan for the Town of Perinton, Monroe County, New York, which plan is set forth in the text and maps that constitute this chapter. This Zoning Chapter is adopted in accordance with the procedures set forth in § 10 of the Municipal Home Rule Law of the State of New York and Chapter 30, Adoption of Local Laws, of the Town of Perinton under the authority of the provisions of Article 16 of the Town Law (Chapter 61 of the Consolidated Laws of the State of New York). No building or structure; no use of any building, structure or land; and no lot now or hereafter existing shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this chapter.
B.
For the
purpose of promoting the health, safety or the general welfare of
the people of the Town of Perinton, this Zoning Chapter is adopted
to regulate and restrict the height, number of stories and size of
buildings and other structures, the percentage of lot that may be
occupied, the size of yards, courts and other open spaces, the density
of population and the location and use of buildings, structures and
land for trade, industry, residence or other purposes. Such Zoning
Chapter, Zoning Map, subdivision regulations and other local laws
are designed to lessen congestion in the streets; to secure safety
from fire and other dangers; to provide adequate light and air; to
prevent the overcrowding of land and to avoid undue concentration
of population; to facilitate the efficient and adequate provision
of public facilities and services; and to provide the maximum protection
to residential areas from the encroachment of adverse environmental
influences, and were made after reasonable consideration, among other
things, as to the character of the Town and its peculiar suitability
for particular uses and with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout the Town.
[Amended 9-12-2012 by L.L. No. 8-2012]
A.
In addition
to the provisions of this chapter, other local laws, ordinances, codes
and regulations dealing with specific subjects have been adopted by
the Town Board pursuant to the authority of Article 16 of the Town
Law of the State of New York, including the following local laws,
ordinances, codes and regulations:
B.
Such local
laws, ordinances, codes and regulations, as the same may be amended,
revised, deleted or added from time to time, are incorporated in this
chapter by reference, as if they were each specifically set forth
herein. If there is conflict between two or more of such local laws,
ordinances, codes or regulations as to the same subject matter, the
more restrictive one shall apply.
[Added 6-27-1990 by L.L. No. 4-1990; amended 3-24-2021 by L.L. No. 2-2021]
All properties related to rezoning applications
shall be subject to the posting of "notice of application/property
under review" signs in accordance with guidelines set by the Director
of Buildings and Codes. Said sign shall notify the public of a pending
application and hearing and shall be posted not less than 14 days
prior to and up to the date of the hearing.
[Added 9-25-1996 by L.L. No. 6-1996]
A.
Authorization.
(1)
The Planning Board of the Town of Perinton is hereby authorized, simultaneously with the approval of a plat or plats, to modify applicable provisions of Chapter 208, Zoning, of the Perinton Town Code, subject to the conditions and provisions set forth in § 278 of the Town Law of the State of New York for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision for streets and utilities and to preserve the natural and scenic qualities of open lands.
(2)
An applicant may request the use of § 278,
and shall present along with a written proposal for its use in accordance
with the provisions of § 278, a standard conventional subdivision
sketch or plat consistent with all the criteria and requirements set
forth in the Zoning Chapter.
(3)
In the event that an applicant makes such a written
application and submits a map with a conventional subdivision layout,
the Planning Board may grant modification under § 278 if,
in the Planning Board's judgment, such proposal in effect is desirable
and would benefit the Town.
(4)
Normal zoning requirements consistent with the Zoning
Chapter, specifically those relating to setbacks and buffering, shall
apply to land bordering neighboring parcels of land.
(5)
On the filing of a plat, wherein § 278 has
been used, in the Office of the County Clerk, the applicant shall
file a copy with the Town Clerk, who shall make appropriate notations
and references thereto on the Official Town Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
(6)
Such authority shall apply to all residentially zoned
lands in the Town of Perinton, exclusive of the Village of Fairport.
B.
Mandatory clustering. The Planning Board of the Town
of Perinton is hereby authorized, simultaneously with the approval
of a plat or plats, to mandate the use of § 278 subject
to the conditions set forth in the law, for the purpose of enabling
and encouraging flexibility of design and development of land in such
manner as to promote the most appropriate use of land, to facilitate
the adequate and economical provision for streets and utilities and
to preserve the natural and scenic qualities of open lands for all
subdivision applications in areas within the Town which are zoned
Residential Transition 1-2-5, Residential Transition 2-5 or Residential
Sensitive. The Planning Board shall adopt rules and regulations setting
forth the criteria pursuant to which a § 278 application
may be required.
