This chapter shall be known and may be cited as the "Zoning
Local Law of the Village of Manchester."
For the purpose of promoting the health, safety and general
welfare of the people of the Village of Manchester, this Zoning Local
Law is adopted pursuant to Article 7 of the Village Law of the State
of New York. Its purpose is to regulate and restrict the height, number
of stories and size of buildings and other structures; the percentage
of lot area that may be occupied; the size of yards, courts and other
open space; the density of population and the location and use of
buildings, structures and land for business, industry, agriculture,
residence or other purposes. Such Zoning Local Law and Zoning Map,
which is a part of said local law, are designed to lessen congestion
in the streets; to secure safety from fire and other dangers; to provide
adequate light and air; to provide for solar access and the implementation
of solar energy systems; 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. Such Zoning Local Law and Zoning
Map were made after reasonable consideration of, among other things,
the character of the Village and its peculiar suitability for particular
uses and with a view to conserving property values and natural resources
and encouraging the most appropriate use of land throughout the Village.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum standards and requirements
for the protection of the public health, safety and general welfare.
Whenever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations,
ordinances or laws, the most restrictive or those imposing the higher
standards shall govern.
Prior to any action by a municipal board or official on any
application made in accordance with the provisions of this chapter,
the Village shall satisfy the requirements of the State Environmental
Quality Review (SEQR) regulations.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter is declared by any court of competent jurisdiction
to be invalid or unconstitutional, it is hereby declared that no other
provision of this chapter shall be affected thereby.
A.
Procedure. The Village Board may from time to time, on its own motion,
on petition or on recommendation of the Planning Board and in accordance
with the laws of the State of New York, amend, supplement or repeal
the regulations, provisions or district boundaries of this chapter.
B.
Filing of petition. A petition to amend, change or supplement the
text of this chapter or any zoning district as designated on the Zoning
Map established herein shall be filed with the Village Clerk and shall
be transmitted by the Clerk to the Village Board. A petition for a
change to the Zoning Map shall contain a map which clearly describes
the affected property and its boundaries and shall indicate the existing
zoning district and the requested zoning change. In addition, every
petition for an amendment to this chapter shall contain an environmental
assessment form completed and signed by the petitioner or agent in
accordance with the procedures set forth in State Environmental Quality
Review (SEQR) regulations.
C.
Referral to Planning Board. Each proposed amendment, except those
initiated by the Planning Board, shall be referred to the Planning
Board for an advisory report. In reporting, the Planning Board shall
fully state its reasons for recommending or opposing the adoption
of such proposed amendment. The Planning Board may condition its approval,
as may be appropriate, and shall state whether such amendment is in
harmony with the Village's plan for land use. The Planning Board shall
state its position relative to proposed zoning amendments in writing
within 45 days of its referral from the Village Board. Absence of
a reply from the Planning Board within the forty-five-day period shall
indicate that the Board is in favor of the amendment.
D.
Public hearing; notice; recording of actions. Unless otherwise provided,
the provisions of the Village Law of the State of New York pertaining
to public hearings, official notices and proper recording of zoning
actions taken by the Village Board shall apply to all amendments to
this chapter. In addition, the Village shall place a poster on each
property proposed for rezoning. Said poster shall be four feet wide
by two feet high and placed in a location which is easily viewed from
the street. Said poster shall indicate the nature of the proposed
rezoning and the date, time and place of the public hearing. The poster
shall be placed on the site not less than seven days prior to the
public hearing and shall be removed within five days following the
hearing.
E.
Disposition to be final; rehearing on petition. The disposition of
a petition for amendment by the Village Board shall be final, and
disapproval or denial of the proposed amendment shall void the petition.
No new petition for an amendment which has been previously denied
by the Village Board shall be considered by it, except for a vote
to table or to receive and file, and no public hearing shall be held
on such amendment within a period of one year from the date of such
previous denial unless the Planning Board shall submit a recommendation,
with reasons stated therefore, certifying that there have been substantial
changes in the situation which would merit a rehearing by the Village
Board. Such rehearing may be granted only upon a favorable vote of
a majority of the Village Board plus one.
The text of the Manchester Zoning Ordinance and the Zoning Map
of the Village of Manchester enacted by the Village Board of the Village
of Manchester, Ontario County, New York, on February 17, 1969, and
revised February 1, 1974, and May 25, 1981,[1] and the Village's Local Law No. 1-1987 establishing floodplain
management regulations, and as the same from time to time have been
amended, are hereby repealed and amended in their entirety as set
forth below, superseding all previous enactments and amendments, and,
from their taking effect, all such previous enactments and amendments
thereto shall be repealed.
[1]
Editor's Note: Former Ch. 100, Zoning, hereby repealed, was
adopted 11-18-1980 by L.L. No. 20-1980 and amended 4-6-1981 by L.L.
No. 1-1981 and 1-18-1982 by L.L. No. 2-1982.
Any lands annexed into the Village of Manchester subsequent to the adoption of this chapter shall, immediately upon the effective date of the annexation, be zoned as an R-1 Single-Family Residential District. The rezoning of lands annexed into the Village to any other zone district classification shall follow the procedures for amendments specified in § 290-7 above.
This chapter shall be in effect immediately upon adoption and
the posting and filing of notice of adoption as required by state
law.
