Medina Village City Zoning Code
ARTICLE I
Enactment and Intent
§ 254-1 Title.
The title of this chapter is the "Zoning Local Law of the Village of Medina, Orleans County, New York," and shall include this text and the Official Zoning Map. All existing zoning ordinances and local laws of the Village of Medina, Orleans County, New York, are hereby repealed upon the effective date of this chapter.
§ 254-2 Purpose.
This chapter is adopted pursuant to the Village Law of the State of New York, to promote and protect the public health, safety and general welfare and in furtherance of the following related and more specific purposes:
A.
To protect and preserve the small-town character of the Village.
B.
To guide and regulate the orderly growth, development and redevelopment of the Village of Medina in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.
§ 254-3 Applicability.
The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
B.
No building or structure shall hereafter be erected or altered which:
(1)
Exceeds the height limitation for any structure within a specified district;
(2)
Accommodates or houses a greater number of dwelling units than is permitted within a specified zoning district;
(3)
Occupies a greater percentage of lot area than is permitted by the zoning schedule; or
(4)
Has narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter or the requirements of the Codes of New York State.
C.
No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with the regulations set forth herein, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in §§ 254-40 and 254-41 of this chapter.
D.
No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
§ 254-4 Conflicts with other provisions.
Whenever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rule, regulation, code, ordinance or local law, the most restrictive of such rules, regulations, codes, ordinances or local laws or those imposing the higher standards shall govern.
§ 254-5 Fees. [1]
Permit fees shall be collected and paid according to the fee structure in effect at the time of application. A fee schedule is posted at the Village Clerk's office and Zoning Enforcement Officer's office. Said fee schedule may be amended, from time to time, by the Village Board of Trustees by resolution.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 254-6 Penalties for offenses. [1]
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any provision of this chapter, including of any terms or requirements stipulated by the Village Planning Board as conditions on special use permits issued by such Board or any terms or requirements stipulated by the Zoning Board of Appeals as conditions on any variances issued by such Board, shall be guilty of an offense, and upon conviction thereof, shall be subject to a fine of not less than $125 and not more than $250 or imprisonment for a period not more than six months, or both. Each week a violation is continued shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 254-7 Actions.
A.
If the Zoning Enforcement Officer discovers a project commencing or operating without the required permits, he shall undertake enforcement actions as authorized by this chapter and other provisions of New York State law.
B.
The Village may maintain an action for a temporary restraining order, temporary injunction, or injunction to restrain, correct, or abate any violation of this chapter or any failure to comply with any of the provisions of this chapter, including the failure to comply with any terms or requirements stipulated by the Village Planning Board as conditions on special use permits issued by such Board or any terms or requirements stipulated by the Zoning Board of Appeals as conditions on any variances issued by such Board.
§ 254-8 Enforcement.
Any building or structure erected, or any use conducted without a zoning permit or certificate of compliance, where required, or not in conformity with the provisions of this chapter or not in conformity with any terms or requirements stipulated by the Village Planning Board as conditions on special use permits issued by such Board or any terms or requirements stipulated by the Zoning Board of Appeals as conditions on any variances issued by such Board, may be removed, closed or halted at once by the Zoning Enforcement Officer with the issuance of a stop order, with assistance, if deemed necessary, of any appropriate Village office or employee.
§ 254-9 Consistency with Comprehensive Plan.
The provisions and regulations of this chapter and interpretations thereof shall be made in accordance with the objectives of the Village's Comprehensive Plan.
§ 254-10 Amendments to zoning.
A.
Procedure. The Village Board of Trustees may, from time to time, on its own motion, on petition or on recommendation of the Village 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, after public notice and hearing.
B.
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 Village Clerk and accompanied by the appropriate fees. The Village Clerk shall transmit the documentation to the Village Board of Trustees. 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 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 the State Environmental Quality Review (SEQR) regulations.
C.
Referral to Village Planning Board. Every such proposed amendment or change, whether initiated by the Village Board of Trustees or by petition, shall be referred to the Village Planning Board for report thereon before the public hearing and within 45 days after the date of referral by the Village Board of Trustees. Such forty-five-day period shall be deemed to commence at the time the referral is first presented at a duly called meeting of the Village Planning Board. If the Village Planning Board shall fail to file such a report, it shall be conclusively presumed that the Village Planning Board has approved the proposed amendment, supplement or change.
D.
Public hearing; notice; referrals; recording of actions.
(1)
The Village Board of Trustees, by resolution adopted, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as provided by New York State Village Law or Municipal Home Rule Law.
(2)
Unless otherwise provided, the provisions of the State of New York Village Law pertaining to public hearings, official notices, referrals to the county planning board, and proper recording of zoning actions taken by the Village Board of Trustees shall apply to all amendments to this chapter.
E.
Notification of property owners. For Zoning Map amendments initiated by petition, all property owners within a distance of 500 feet of any proposed change or amendment shall be notified by mail by the Zoning Enforcement Officer. The notification shall specify the date, time and place of the public hearing and a telephone number to call for more specific information. Such notification shall be mailed not less than 10 days prior to the public hearing. All expenses associated with the preparation and distribution of the notification shall be paid by the petitioner or petitioners.
F.
Disposition final; rehearing on petition. The disposition of a petition for amendment by the Village Board of Trustees 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 of Trustees 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 Village 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 Village Board of Trustees. Such rehearing may be granted only upon a favorable vote of a majority of the Village Board plus one.