The purpose of this chapter, the regulations therein and the zoning districts, as outlined on the Zoning Map, are to provide for the orderly growth, in accordance with a Comprehensive Plan, to protect and conserve the value of property; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, flood or other dangers; to provide adequate light and air; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements; and to promote the health, safety and general welfare of the public.
These regulations have been made with reasonable consideration,
among other things, as to the character of each district and its peculiar
suitability uses, and with a view to encouraging the most appropriate
use of land and also particular uses.
Whenever a change in district is approved subsequent
to the adoption of this chapter, the designation shall be in accord
with the purposes and general intent as expressed in the Comprehensive
Plan of the Town of Irondequoit.
Compliance. Except as hereinafter provided, no building
or structure shall be erected, moved, altered or extended and no land,
building or structure or part thereof shall be occupied or used unless
in conformity with the regulations specified for the district in which
it is located.
Coverage and height restrictions. No building shall
hereafter be erected or altered to exceed the height; to accommodate
or house a greater number of families; to occupy a greater percentage
of lot area; or to have narrower or smaller rear yards, front yards,
side yards than is specified herein for the district in which such
building is located.
Use of open space. No part of a yard or other open
space about any building required for the purpose of complying with
the provisions of this chapter shall be included as part of a yard
or other open space similarly required for another building.
Uses prohibited unless specifically permitted. All
uses not specifically permitted in a district or permitted after obtaining
a special permit shall be deemed prohibited.
Legally preexisting buildings, lots and uses. This
chapter shall not apply to legally preexisting buildings, lots and
structures, nor to the legally preexisting use of any building, structure
or land, but only to the extent to which it was used at the time of
the original enactment of this chapter. This chapter shall apply to
any new construction and/or any change in use, alterations, extension
or movement of a building or structure and to any change in use of
a building or structure and to any change in use of land subsequent
to enactment of this chapter.
Subject to the provisions of § 235-76.25 of this chapter, any nonconforming building or use lawfully existing may be continued only on the same premises and in the same buildings and/or structures. Such nonconforming building or use shall not be enlarged, and the buildings, structures, or premises shall not be altered or changed except to a conforming use, including, but not limited to, the design guidelines and the bonus provisions of Article VIIIA of this chapter; provided, however, that ordinary maintenance and repair of the buildings, structures, or premises shall be permitted.
The abandonment of any nonconforming use, or
the failure to exercise or continue any nonconforming use, for a period
of one year or more shall terminate the right to continue such nonconforming
use, and thereafter the buildings, structures, or premises shall be
used only in conformity with this chapter.
If more than 50% of the gross floor area, or
more than 50% of the assessed value, of a nonconforming building or
use is destroyed by fire or otherwise, the building or use shall not
be rebuilt or restored unless it shall thereafter conform to all applicable
regulations of the zoning district in which it is located.
No nonconforming accessory use, accessory structure
or sign that is accessory to a principal nonconforming building or
structure or use shall continue after the abandonment or removal of
such principal building or structure or use unless it shall thereafter
conform to all of the regulations of the zoning district in which
it is located.