[Amended 4-18-2000 by L.L. No. 1-2000]
The Town Board of the Town of Parma, County
of Monroe, pursuant to the authority conferred by the Town Law of
the State of New York, and in accordance with the Parma Comprehensive
Plan, hereby adopts and enacts this chapter.
This chapter shall be known and may be cited
as the "Zoning Ordinance of the Town of Parma."
For the purpose of promoting the health, safety
and general welfare of the people of the Town of Parma, this chapter
is adopted pursuant to Article 16 of the Town Law and pursuant to
the Municipal Home Rule 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 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 chapter and the Official Zoning Map[1] enacted pursuant to this chapter 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 chapter and
Official Zoning Map were enacted 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 property values
and natural resources and encouraging the most appropriate use of
land throughout the Town.
[1]
Editor's Note: The Zoning Map is attached to this chapter.
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, local laws or ordinances, 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 Town shall satisfy the requirements of the State
Environmental Quality Review (SEQR) regulations.
A.
Procedure. The Town Board may from time to time on
its own motion, on petition or on recommendation of the Planning Board,
or on petition from an interested person 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 Official Zoning Map established herein shall be filed with
the Town Clerk and shall be transmitted by the Clerk to the Town Board.
A petition for a change to the Official 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 a change to the Official
Zoning Map 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 recommendation as may be appropriate and shall state whether such
amendment is in harmony with the Town's Comprehensive Plan for land
use. The Planning Board shall state its position relative to proposed
zoning amendments in writing within 45 days of its receipt of a referral
from the Town Board. The absence of a reply from the Planning Board
within the forty-five-day period shall indicate that the Planning
Board is in favor of the proposed amendment.
D.
Public hearing; notice; recording of actions. Unless
otherwise provided, the provisions of the Town Law of the State of
New York pertaining to public hearings, official notices and proper
recording of zoning actions taken by the Town Board shall apply to
all amendments to this chapter.
E.
Disposition final; rehearing on petition. The disposition
of a petition for amendment by the Town 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
Town 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 Town Board.
Such rehearing may be granted only upon a favorable vote of a majority
of the Town Board plus one.
A.
Except as hereinafter provided, the Zoning Code of
the Town of Parma adopted October 16, 1972, and the Official Zoning
Map of the Town of Parma dated June 1, 1972, together with all amendments
thereto, are repealed and supplanted by this chapter as of its effective
date.
B.
Such repeal shall not affect or impair any act, liability,
penalty, forfeiture or punishment incurred prior to the time such
repeal takes effect, but the same may be employed, asserted, enforced
or prosecuted as fully and to the same extent as if such repeal had
not been effected.
