Manchester Village City Zoning Code
ARTICLE I
General Provisions
§ 290-1 Title.
This chapter shall be known and may be cited as the "Zoning Local Law of the Village of Manchester."
§ 290-2 Purpose.
For the purpose of promoting the health, safety and general welfare of the people of the Village of Manchester, this Zoning Local Law is adopted pursuant to Article 7 of the Village 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 area 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 Local Law and Zoning Map, which is a part of said local law, 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 Zoning Local Law and Zoning Map were made after reasonable consideration of, among other things, the character of the Village 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 Village.
§ 290-3 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.
§ 290-4 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.
§ 290-5 Compliance with SEQR.
Prior to any action by a municipal board or official on any application made in accordance with the provisions of this chapter, the Village shall satisfy the requirements of the State Environmental Quality Review (SEQR) regulations.
§ 290-6 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.
§ 290-7 Amendments.
Procedure. The Village Board may from time to time, on its own motion, on petition or on recommendation of the Planning Board 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 Zoning Map established herein shall be filed with the Village Clerk and shall be transmitted by the Clerk to the Village 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. In addition, every petition for an amendment to this chapter 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 approval, as may be appropriate, and shall state whether such amendment is in harmony with the Village's plan for land use. The Planning Board shall state its position relative to proposed zoning amendments in writing within 45 days of its referral from the Village Board. Absence of a reply from the Planning Board within the forty-five-day period shall indicate that the Board is in favor of the amendment.
Public hearing; notice; recording of actions. Unless otherwise provided, the provisions of the Village Law of the State of New York pertaining to public hearings, official notices and proper recording of zoning actions taken by the Village Board shall apply to all amendments to this chapter. In addition, the Village shall place a poster on each property proposed for rezoning. Said poster shall be four feet wide by two feet high and placed in a location which is easily viewed from the street. Said poster shall indicate the nature of the proposed rezoning and the date, time and place of the public hearing. The poster shall be placed on the site not less than seven days prior to the public hearing and shall be removed within five days following the hearing.
Disposition to be final; rehearing on petition. The disposition of a petition for amendment by the Village 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 Village 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 Village Board. Such rehearing may be granted only upon a favorable vote of a majority of the Village Board plus one.
§ 290-8 Repealer.
The text of the Manchester Zoning Ordinance and the Zoning Map of the Village of Manchester enacted by the Village Board of the Village of Manchester, Ontario County, New York, on February 17, 1969, and revised February 1, 1974, and May 25, 1981,[1] and the Village's Local Law No. 1-1987 establishing floodplain management regulations, and as the same from time to time have been amended, are hereby repealed 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.
[1]
Editor's Note: Former Ch. 100, Zoning, hereby repealed, was adopted 11-18-1980 by L.L. No. 20-1980 and amended 4-6-1981 by L.L. No. 1-1981 and 1-18-1982 by L.L. No. 2-1982.
§ 290-9 Annexations.
Any lands annexed into the Village of Manchester subsequent to the adoption of this chapter shall, immediately upon the effective date of the annexation, be zoned as an R-1 Single-Family Residential District. The rezoning of lands annexed into the Village to any other zone district classification shall follow the procedures for amendments specified in § 290-7 above.
§ 290-10 When effective.
This chapter shall be in effect immediately upon adoption and the posting and filing of notice of adoption as required by state law.