This chapter is known and may be cited as "The City of Rome Zoning Code," "zoning code," or "code."

(Ord. No. 9301A, 9-26-18)

This chapter 80 is enacted pursuant General City Law, article 2A, chapters 20, 24, and 25.

(Ord. No. 9301A, 9-26-18)

This chapter has been developed in accordance with the city's comprehensive plan and considers the land use policies, principles, and guidance provided by such plan to protect and promote the health, safety, character, comfort, convenience, economy, aesthetics, general welfare, natural and cultural resources, and for the following purposes:

(a)

To provide a clear understanding of the land use policies the city has adopted to encourage new growth while protecting and preserving the city's most important historic, natural, agricultural, and cultural features.

(b)

To preserve the community character that is unique to the city.

(c)

Provide for the preservation, protection, and conservation of natural resources.

(d)

Promote the principles of sustainability.

(e)

Maintain, develop, and plan for new development in an economical and environmentally sound manner.

(Ord. No. 9301A, 9-26-18)

(a)

Territorial application. This code applies to all land, uses, and structures within the city.

(b)

General application. In their interpretation and application, the provisions of this code are held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare.

(c)

Required conformance. Any portion or whole of a structure must be erected, constructed, reconstructed, moved, and enlarged in conformance with the requirements of this code. Any structure or land must be used and occupied in conformance with the requirements of this code.

(d)

Relation to private agreements. This code does not nullify any private agreement or covenant. However, where this code is more restrictive than a private agreement or covenant, this code controls. The city will not enforce any private agreements.

(e)

Relation to other laws and regulations. Unless otherwise specifically provided, this code controls over less restrictive city statutes, ordinances, or regulations, and more city restrictive statutes, ordinances, or regulations control over the provisions of this code.

(f)

Existing uses.

1.

Any structure or land used in a manner that was classified a permitted use prior to the effective date of this code or any subsequent amendment to this code, and that use is classified as a permitted use as of the effective date of this code or any subsequent amendment to this code, that use remains a permitted use.

2.

Any structure or land used in a manner that was classified a special use prior to the effective date of this code or any subsequent amendment to this code, and that use is classified as a special use as of the effective date of this code or any subsequent amendment to this code, that use remains a special use and remains subject to the special use ordinance under which it was originally approved.

3.

Any structure or land used in a manner that was classified as a permitted use prior to the effective date of this code or any subsequent amendment to this code, and now that use is classified as a special use as of the effective date of this code or any subsequent amendment to this code, that use is deemed a special use. Any subsequent addition, enlargement, or expansion of that use must conform to the procedural and substantive requirements of this code for special uses.

4.

Any structure or land used in a manner that was classified as a special use prior to the effective date of this code or any subsequent amendment to this code, and that use is now classified as a permitted use as of the effective date of this code or any subsequent amendment to this code, that use is deemed a permitted use. The use is no longer subject to any conditions placed upon its approval; however, the continued operation and/or any subsequent addition, enlargement, or expansion of that use must conform to all code requirements for such use.

5.

Any structure or land used in a manner that was classified as either a permitted use or special use prior to the effective date of this code or any subsequent amendment to this code, but this code no longer allows that use as either a permitted or special use in the zoning district in which it is located, that use is deemed a nonconforming use.

(g)

Structures rendered nonconforming. If a structure existing on the effective date of this code was a conforming structure before the effective date of this code or any subsequent amendment to this code, but such structure does not meet all standards set forth in this code in the zoning district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of article XX.

(h)

Lots rendered nonconforming. If a lot existing on the effective date of this code was a conforming lot before the effective date of this code or any subsequent amendment to this code, but such lot does not meet all standards set forth in this code in the zoning district in which it is located, that lot is deemed a nonconforming lot and is controlled by the provisions of article XX.

(i)

Site elements rendered nonconforming. If a site element existing on the effective date of this code was conforming before the effective date of this code or any subsequent amendment to this code, but such site element does not meet all standards set forth in this code in the zoning district in which it is located, that site element is deemed a nonconforming site element and is controlled by the provisions of article XX.

(j)

Pending applications. An application that has been received and deemed complete, and has been scheduled for a public hearing or meeting is subject to the rules in effect on the date the application was deemed complete.

(k)

Previously issued building permits. If a building permit for a structure was lawfully issued prior to the effective date of this code, or any subsequent amendment to this code, and if construction has begun within 90 days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied for the use originally intended.

(l)

Rules of construction. This code contains illustrations and graphics to assist the reader in understanding and applying the code. However, to the extent that there is any inconsistency between the text of the code and any such illustrations and graphics, the text controls unless otherwise stated in the specific section.

(Ord. No. 9301A, 9-26-18)

(a)

Rights-of-way and public utilities.

i.

The provisions of this code do not apply to land located within rights-of-way.

ii.

The following utility uses are exempt from the provisions of this code and permitted in any district: wires, cables, conduits, vaults, laterals, pipes, mains, hydrants, valves, and water supply wells.

iii.

This exemption does not include utilities as defined in article 9, wireless telecommunications, amateur HAM radio towers, or wind energy systems. All such structures must comply with this code and any other applicable ordinances.

(b)

Accessory agricultural structures. Accessory agricultural structures, such as barns and silos, are exempt from the building height restrictions and number of accessory structure limitations of this code, so long as the lot is used for agricultural purposes and the accessory structure is used only for agricultural purposes.

(Ord. No. 9301A, 9-26-18)

If any section, subdivision, or phrase of this code is declared to be invalid, such invalidity does not affect any other portion of the code.

(Ord. No. 9301A, 9-26-18)