[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 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.
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.
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.
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.
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.
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.
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.
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.
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.