[Amended 5-26-1999]
For the purposes of this chapter, the Town of Newfane is hereby divided into 11 classes of Districts as follows:
A. 
Agricultural and Residence Districts:
AR
Agricultural/Residential District
RR
Rural Residential District
R-1
Single Family Residential District
R-2
Multi-Family Residential District
CF
Community Facility District
MHP
Mobile Home Park District
B. 
Business Districts:
VB
Village Business District
HC
Highway Commercial District
MB
Marine Business District
C. 
Industrial Districts:
IP
Light Industry/Industrial Park District
GI
General Industrial District
A. 
The boundaries of each of the Districts listed in § 270-4.1 are hereby established as shown upon the duly adopted Zoning Map which accompanies this chapter, and which, with all notations, references, and other matters shown thereon, is hereby declared a part of this chapter.
B. 
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way boundary lines or their center lines, other similar right-of-way lines, or lot lines or boundaries of subdivisions or municipal boundary lines, all as shown on the Zoning Map. Where a district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
C. 
Where the street layout actually on the ground varies from the street layout as shown on the Zoning Map, the designation shown on the mapped streets shall be applied in such a way as to carry out the Building Inspector's judgment as to the purpose and intent of the Zoning Map for the particular area in question.
D. 
When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by the Building Inspector by scaling the distance on the Zoning Map from a line of known location to such district boundary line.
E. 
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Board of Appeals, as provided in § 270-13.3.
F. 
When a district boundary line divides a lot in a single ownership at the effective date of this chapter or any subsequent amendment thereto, the Board of Appeals may permit an extension into one district of a lawful conforming use existing in the other district, as hereinafter provided in § 270-13.4D(1).
In order to carry out and implement the purposes of this chapter, the land use districts established herein shall have the following intent to identify the basis of each district and define the objective of the uses and standards for the implementation of each, respectively.
A. 
Agricultural/Residential (AR). The AR District is dedicated to the accommodation of traditional agricultural uses such as farming, forestry, livestock breeding and maintenance and other related uses and activities. Such uses are an essential part of the rural economy and the agrarian character of the community. The AR District includes limited, low-density residential uses (one unit per two acres) that are complimentary to the rural atmosphere, but not to the extent that they compromise agricultural activities.
B. 
Rural Residential (RR). The RR District is provided as a mixed transitional area between agriculture and hamlet uses. It is intended as a buffer to protect rural areas and offer the diversity of uses that epitomize the rural, open character of the Town. Single-family dwellings (one per acre density) and limited agricultural uses characterize the district and are accompanied by a mix of recreational and service uses to encourage community cohesion of the rural areas through development consolidation and promote independence of the farm areas.
C. 
Single Family Residential (R-1). The R-1 District is composed of certain quiet, low-density residential and open space uses complimentary to residential activities that are designed to encourage and promote a suitable environment for family life and children. Development is limited to relatively low concentrations of single-family dwellings (one to three units per acre) plus related community facility uses. No commercial, home occupations or room renting is permitted.
D. 
Multi-Family Residential (R-2). The R-2 District provides for moderate and higher urban density residential development in a suburban setting to promote the diversity of housing types and concentrations (three to five units per acre) in the Town and its hamlets. The R-2 District allows for single-family attached and detached units, townhouses, low-rise apartments and cluster units in an individual or consolidated development. Public utilities are required to accommodate the density and the capabilities of the surrounding area.
E. 
Community Facility (CF). The CF District provides for the uses and structures that serve the residential and commercial districts with public and semi-public uses, including governmental, religious, civic, educational, health, protective, utility and other facilities to ensure their proper location and compatibility in relation to transportation, land use and community development. Appropriate siting and location consistent with community objectives for each Town area is required.
F. 
Mobile Home Park (MHP). The MHP District is established to provide for the development of mobile homes in a park-like setting where appropriate amenities and support services can be commensurately planned to avoid detrimental effects on adjacent properties and the surrounding area. The park provides for the development of such units on permanent foundations in a year-round facility with public services, recreation and support services in a planned setting that is compatible with the residential character of the area, transportation and the objectives of this chapter.
G. 
Village Business (VB). The VB District provides the primary focus of commercial services in the Town concentrated in the hamlets as the cultural and demographic centers for the community. The district uses offer a variety of commercial uses to consolidate economic and social activities as the heart of rural living functions. They are generally associated with the hamlets as the social centers of the Town. Uses include neighborhood businesses, convenience retail, business and personal services that represent the center of community activity.
H. 
Highway Commercial (HC). The HC District is established to provide for commercial uses that need accessibility and independent siting to serve the community. Often regional or serving a broad segment of the community, these uses include tourism-related facilities, supplies, accommodations, agricultural services and related business activities. Such uses are intense activities requiring special considerations of access, buffering and land use compatibility coordination to be successfully developed.
I. 
Marine Business (MB). Uses in the MB District provide for the integration of specialized activities relating to the unique opportunities at the Lake Ontario shoreline and Eighteen Mile Creek. Recreation and marine-related uses and services are accommodated in this district and are regulated consistent with the protection of access to water resources and the sensitivity of its environmental character.
J. 
Light Industry/Industrial Park (IP). The IP District provides for limited industrial, research and development and related uses in a planned park setting. Related uses include office, limited retail, fabrication, assembly, warehousing, wholesale, high technology and accessory activities, which are relatively free from offensive processes or by-products and will not adversely affect adjacent residential or commercial uses. Such development shall be designed as an integrated unit rather than isolated or independent uses requiring the coordination of access, circulation, uses, phasing and infrastructure.
K. 
General Industry (GI). The GI District is intended to provide areas which are appropriate for diverse industrial activities that may not be compatible with adjacent or surrounding residential or commercial uses due to the potential for nuisance or hazard. Residential and neighborhood commercial uses are specifically prohibited in this district as a potential interference to industrial development, expansion and continuation of use. However, no building, structure or use shall be operated so as to create any dangerous, injurious, noxious or otherwise objectionable activity that may cause or create the conditions that promote fire or explosion; heat or glare; noise or vibration; smoke, dust, odor or air pollution; radioactivity or hazardous conditions; liquid or solid waste; or conditions conducive to the breeding of rodent or insects; that adversely affect the surrounding area or that spread beyond the boundaries of the site/property.
[Amended 5-26-1999]
A. 
General. Table 5.2, Agricultural, Residential and Community Facility Districts, Table 6.2, Commercial District, and Table 7.2, Industrial District - Table of Use Regulations, set forth the uses for each zoning district. Table 5.3, Agricultural, Residential and Community Facility Districts, Table 6.3, Commercial District, and Table 7.3, Industrial District - Table of Dimensional Regulations, set forth the standards and criteria for development in each zoning district. No land or structure shall be used, occupied or developed except in accordance with the standards and regulations set forth in these tables.
[Amended 5-26-1999]
B. 
Special exceptions. Uses shown as "special exception" in Table 5.2, 6.2 or 7.2 shall require the approval and issuance of a special exception permit pursuant to Article VIII prior to the issuance of any building, zoning or occupancy permit for the commencement of that use. Any other requirement of this chapter shall also be satisfied prior to issuance of a building or occupancy permit.
C. 
Accessory uses. Accessory uses shall be regulated by the uses as set forth in Table 5.2, 6.2 or 7.2 and the dimensional standards as set forth in Tables 5.3, 6.3 and 7.3.
[Amended 5-26-1999]
[Amended 5-26-1999]
General. Any use not specifically listed in Table 5.2, Table 6.2 or Table 7.2 shall not be permitted unless or until an application is prepared and submitted to the Planning Board for determination that such use is consistent and compatible with the intent of the district, not first allowed by right in another higher zoning district and not otherwise subject to a special exception permit.