Overview
The Zoning Department is responsible for regulating appropriate and orderly physical development, location, and uses of buildings, structures, and land for agricultural, residential, commercial, and industrial purposes in accordance with Town Code and requirements of the Town Comprehensive Plan to ensure the safety of residents and visitors to establishments in Penfield.
Zoning Application Submission Overview
| Step |
You and/or Contractor Task(s) |
| 1 |
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| 2 |
- Letter of intent
(1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(2) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(3) Whether the requested area variance is substantial;
(4) Whether the proposed area variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district; and
(5) Whether the alleged difficulty was self-created. (In contrast to the context of a use variance, in the context of an area variance application, whether or not the alleged difficulty was self-created shall be relevant to the decision of the Board of Zoning Appeals but a finding that the difficulty was self-created shall not in and of itself preclude the granting of the area variance.)
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| 3 |
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| 4 |
- Included a copy of an instrument survey map or site plan of the subject property.
Map/site plan should identify all existing and proposed buildings, structures, roads, driveways, parking areas, signage, etc
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| 5 |
- Elevation drawings, renderings, photos of any proposed structures, signs, etc. that are the subject of or are relevant to the application
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| 6 |
- Letter of permission from the owner of the subject property granting permission to the applicant to apply to the Zoning Board of Appeals (If the applicant is not the owner)
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| 7 |
- Fees: (Fees are based upon current or proposed land use and not the zoning of the property)
- Residential Applications: $75.00 (advertising fee), $10.00 (signposting fee)
- Commercial Applications: $150.00 (advertising fee), $10.00 (signposting fee)
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Property owner rights and responsibilities:
Property owners have the right to develop or improve their property and structures in compliance with Town Code. Before beginning a project, property owners are responsible for determining if their project requires:
- an area variance
- an expansion of a pre-existing, non-conforming use
- a change of use, signage permit
- any other special permission as required by Town Code
Property owners also have the right to conduct activities and events on their property in compliance with Town Code. They are responsible for determining if the activity or event requires:
- a variance
- a special permit
- a variance of conditional use permit
- a temporary or permanent signage permit
- an itinerant vendor license
- any other formal permission as required by Town Code
Services to property owners
The Zoning Department helps residential and commercial property owners interpret and comply with Town Code requirements and permitted uses within each zoning designation. If you have a project that does comply with permitted uses, you will need a variance from Town Code issued by the Zoning Board of Appeals (ZBA). Department staff will assist and guide you through the process of going before the ZBA to request a variance.
