This chapter limits and restricts the specified districts and regulates buildings and other structures therein according to their construction and the nature and extent of the use of land, so as to promote health, safety, morals and general welfare of the Town of Somerset, and provides penalties for the violation thereof.
This chapter shall be known as and may be cited as the "Zoning Ordinance of the Town of Somerset, Niagara County, New York."
[Amended 9-10-1996 by L.L. No. 2-1996]
The purpose of this chapter shall be as set forth in § 263 of the Town Law.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of the law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standards shall govern.
[Amended 6-11-1985; 9-10-1996 by L.L. No. 2-1996]
A. 
The Town Board may, in accordance with the Town Law, Article 16, § 264, from time to time on its own motion or on petition or on recommendation of the Planning Board or of the Board of Appeals, amend, supplement or repeal any or all of the regulations and provisions of this chapter. A petition requesting a change in regulations, district boundaries or in the other provisions of this chapter shall be typewritten and be signed and acknowledged by the person presenting it and shall be filed with the Town Clerk in triplicate.
B. 
A notice of amendments or changes shall be published at least 10 days prior to such a meeting stating the time, place and date thereof in the official Town newspaper.
C. 
A written notice of any proposed change or amendment affecting property within 500 feet of a boundary of an existing or proposed county or state highway right-of-way or any stream or drainage channel under the jurisdiction of the county shall be sent to the Niagara County Economic Development and Planning Department at least 10 days prior to the date of public hearing.
D. 
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any county or state park shall be given to the Regional State Park Commission having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.
E. 
Referrals to County Planning Board.
(1) 
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any village, Town or county shall be given to the Clerk of such municipality and to the Clerk of the county and to the County Planning Board at least 10 days prior to the date of such hearing.
(2) 
Exceptions.
(a) 
This subsection pertains to actions that apply to real property, including the amendment of a Zoning Ordinance (including Zoning Map changes) or local law not having townwide effect, special use permits, approval of site plan, granting of use or area variances and such other authorizations which the Town, Zoning Board or Planning Board may issue under the provisions of any zoning ordinance or local law. Referrals of such matters to the Niagara County Planning Board shall no longer be required, subject to Subsection E(2)(b) and (c) herein, inasmuch as the parties are in agreement that said actions are of local, rather than intercommunity or countywide concern.
(b) 
Both the Town and the county reserve the right to request review of any specific matters.
(c) 
Actions immediately adjacent to a municipal boundary or park, as well as actions concerning corner lots on state or county highways, will continue to be referred to the county.
F. 
In case, however, of a protest against such changes signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendments shall not become effective except by the favorable vote of 3/4 of the members of the Town Board.
G. 
Any petition filed with the Town of Somerset requesting a change in regulation, district boundaries or any other provisions of this chapter shall be subject to a fee as set forth from time to time by resolution of the Town Board, which fee must be deposited with the Town Clerk of the Town of Somerset prior to the calling of a public hearing for such relief. The fee shall be nonrefundable.[1]
[1]
Editor's Note: The current fee schedule is on file in the office of the Town Clerk.