Marilla City Zoning Code
ARTICLE I
Enactment and Intent
§ 700-1 Title.
This chapter shall be known and may be cited as the "Zoning Law of the Town of Marilla."
§ 700-2 Purpose.
For the purpose of promoting the health, safety and general welfare of the people of the Town of Marilla, this chapter 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. This chapter and the Zoning Map, which is a part of 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. This chapter and the 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.
§ 700-3 Interpretation.
In their interpretation and application, the provision of this chapter shall be held to be the minimum standards and requirements for the protection of the public health, safety and general welfare.
§ 700-4 Conflict with other laws.
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.
§ 700-5 Amendments.
A.
The Town Board may, from time to time, on its own motion or in its sole discretion, on receipt of a petition for rezoning submitted by an applicant which the Town Board elects to consider, or on the recommendation of the Town Planning Board which the Town Board elects to consider, 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. Unless the Town Board has determined in its sole discretion that it is in the best interest of the Town of Marilla to consider amendments to the Zoning Law of the Town of Marilla, notwithstanding the receipt by the Town Board of a petition from a property owner or recommendation from the Planning Board, the Town Board shall have no obligation to proceed further under this § 700-5.
[Amended 4-9-2009 by L.L. No. 2-2009]
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, except the Town Board on its own motion may bypass the Planning Board if it deems necessary. 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 the Town's plan for land use. The Planning Board shall state its position relative to proposed zoning amendments in writing within 30 days of its referral from the Town Board.
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.
Provisional amendments. In the case of a proposed amendment, other than upon the Town Board's own motion, which involves the reclassification or transfer of any area to a less restrictive district, the Town Board may require the petitioner to submit a site plan (as defined in Article VI of this chapter) showing the extent, location and character of proposed structures and uses drawn to scale and specifying the level of detail required by the provisions of Article VI. The Town Board may require that such plan shall be modified to meet the objections raised at any public hearing thereon, or subsequent thereto, and may qualify its approval of any such amendment by imposing specific restrictions or conditions to govern such approval. Unless an application for a building permit is made within one year after the Town Board's approval of said amendment, and unless development of the area included is commenced within a period of two years after the Town Board's approval, said approval shall be void, and the zoning classification shall be as it was when the petition for amendment was filed. Such time periods established herein may be extended by the Town Board for good cause shown, provided that an extension is sought prior to expiration of the time periods established herein. Good cause shown shall include verification by the applicant of good faith efforts to advance development of the area. Proof of good cause shall include a showing of prompt applications to obtain approvals for development from necessary third-party agencies, expenditures of substantial time and financial resources to advance development, verification of the existence of obstacles unknown or unanticipated at the time of approval or such other factors as the Town Board deems relevant to the reasons for delay in development. All improvements in such district shall be made in accordance with the plan as approved by the Town Board.
[Amended 6-13-2013 by L.L. No. 3-2013]
F.
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.
§ 700-6 Repealer.
The text of the Zoning Ordinance and the Zoning Map of the Town of Marilla, Erie County, New York, enacted by the Town Board of the Town of Marilla, December, 1971, 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. In addition, upon enactment of this chapter, the following laws, ordinances and amendments thereto are also repealed: An Ordinance Regulating the Storage of Junk Motor Vehicles, adopted December 5, 1966; Unsafe Building and Collapsed Structures Ordinance, adopted May 5, 1969; Regulation of House Trailer Camps and House Trailers, adopted February 13, 1970; and Standards for Trailer Camps adopted November 5, 1970. The repeal of such laws and ordinances 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. The Town's Ordinance Licensing and Regulating Dealers in Secondhand, Junk and Auto Parts Activities and Business in the Town of Marilla adopted December 5, 1966, and as such may be subsequently amended, shall be continued in effect.