Farmington Town City Zoning Code
ARTICLE I
Enactment and Intent
§ 165-1 Title.
This chapter shall be known and may be cited as the "Zoning Law of the Town of Farmington."
§ 165-2 Purpose.
For the purpose of promoting the health, safety and general welfare of the people of the Town of Farmington, this Zoning Law is adopted pursuant to Article 16 of the Town 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 Zoning Law and Zoning Map are designed to lessen congestion in the streets; secure safety from fire and other dangers; provide adequate light and air; prevent the overcrowding of land and avoid undue concentration of population; facilitate the efficient and adequate provision of public facilities and services; and provide the maximum protection to residential areas from the encroachment of adverse environmental influences. Such Zoning Law and Zoning Map were made 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.
§ 165-3 Interpretation.
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.
§ 165-4 Conflict with other provisions.
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.
§ 165-5 Severability.
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.
§ 165-6 Amendments.
A.
Procedure. The Town Board may from time to time on its own motion, on petition or on recommendation of the Planning Board or Board of Appeals, 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 Town Clerk and shall be transmitted by the Clerk to the Town 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.
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 and, if it shall recommend adoption, shall describe any changes in conditions which it believes make the amendment desirable and shall state whether such amendment is in harmony with a Comprehensive Plan for land use in the Town.
D.
Public hearings; 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 therefor, 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.
§ 165-7 Repealer.
The text of the Zoning Ordinance and the Zoning Map of the Town of Farmington, Ontario County, New York, enacted by the Town Board of the Town of Farmington on July 15, 1957, as the same from time to time have been amended, are hereby reenacted 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. 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 affected.
§ 165-8 When effective.
This chapter shall be in effect immediately upon adoption and the posting and filing of notice of adoption as required by law.