Town of Irondequoit, NY General Provisions

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.

Application to existing buildings and uses.

[Amended 7-7-2007 by L.L. No. 4-2007]

(1)

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.

(2)

Nonconforming buildings and nonconforming uses.

(a)

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.

(b)

When a nonconforming use shall have been changed to a conforming use, it shall not thereafter be changed back to any nonconforming use.

(c)

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.

(d)

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.

(e)

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.