Perinton City Zoning Code
ARTICLE XI
Administration
§ 208-55 Interpretation and application.
The provisions of this chapter are minimum requirements adopted for the purposes enumerated in Article I, § 208-3B, of this chapter. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the most restrictive provisions, or those imposing the higher standards, shall govern.
§ 208-58 Resubdivision approval.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
If a map has been given final approval by the Planning Board and has been filed in the Monroe County Clerk's office and a performance or maintenance bond is then in effect pursuant to § 277 of the Town Law, or all improvements have been installed by the developer and accepted by the Town, and the period of the maintenance bond has expired, the Director of Building and Codes may approve for filing in said Clerk's office resubdivision maps which vary the size of lots, location of lot lines or setback lines, provided that the result of said changes does not increase the total number of lots and does not violate any of the provisions of this chapter. The Director is authorized to approve resubdivision maps of subdivisions of duplex homes if such resubdivision map divides one duplex lot into two lots for semidetached dwellings, the common line of which runs through the center of the common wall of the original duplex home on said lot.
§ 208-59 Enforcement.
§ 208-60 Planning Board and Board of Appeals.
[Amended 2-24-2010 by L.L. No. 1-2010; 3-10-2010 by L.L. No. 2-2010; 12-18-2019 by L.L. No. 2-2020]
A.
Pursuant to the provisions of the Town Law applicable thereto, the Town Board shall appoint a Planning Board consisting of the number of members and for the term of years set forth in § 271 of the Town Law of the State of New York. Said members are hereby vested with the powers and duties and made subject to the limitations set forth in §§ 271 through 281 of the Town Law of the State of New York, as the same may be amended, modified or changed from time to time, or any sections subsequently adopted pertaining to Planning Boards.
B.
Pursuant to the provisions of the Town Law applicable thereto, the Town Board shall appoint a Board of Appeals consisting of the number of members and for the term of years set forth in § 267 of the Town Law of the State of New York. Said members are hereby vested with the powers and duties and made subject to the limitations set forth in § 267 of the Town Law of the State of New York, as the same may be amended from time to time, or any sections subsequently adopted pertaining to Boards of Appeals.
C.
The Planning Board and the Board of Appeals shall establish such rules and regulations as are required by law and the provisions of this chapter for the transaction of their business, and may amend, modify and repeal the same from time to time.
D.
Whenever the Planning Board or the Board of Appeals, after hearing all the evidence presented upon an application for appeals, under the provisions of this chapter, denies or rejects the same, each Board shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicant, their successors or assigns, for a period of one year, except and unless either Board shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing may be granted only upon the favorable vote of a majority of the Board plus one.
E.
All applications before the Planning Board, Board of Appeals and special permit and rezoning applications before the Town Board shall be subject to the posting of "notice of application/property under review" signs in accordance with guidelines set by the Director of Buildings and Codes. Said sign shall notify the public of a pending application and hearing and shall be posted not less than 14 days prior to and up to the date of the hearing.
[Amended 3-24-2021 by L.L. No. 2-2021]
F.
No map or plat of lots in the Town of Perinton shall be filed in the Monroe County Clerk's office until the same shall have been approved in writing by the Planning Board after written application for such approval. The applicant shall furnish such information as shall be required by the Board pertaining thereto, and a duplicate copy of such map showing the date of its approval shall be filed in the office of the Director of Building and Codes.
§ 208-62 Penalties for offenses.
For penalty provisions applicable to this chapter, see Chapter 115, Enforcement Procedures, of the Town of Perinton.