This Local Law shall be known as the Zoning Ordinance of the
Town of Amherst, County of Erie, State of New York.
1-2-1.
The purpose of this Zoning Ordinance and the intent of the legislative
authority in its adoption is to promote the environment of the town
and its public health, safety, convenience, comfort, prosperity and
the general welfare by regulating the use of buildings, other structures
and land for residences, open space, public facilities, business,
services, industry or other purposes; by regulating and restricting
the bulk, height, design, building coverage and location of structures;
by regulating and limiting population density; and, for the aforesaid
purposes, to divide the land within the limits of the town into districts
of such number and dimensions generally consistent with the policies
of the Comprehensive Plan and to provide procedures for the administration
and amendment of said Zoning Ordinance.
1-2-2.
The ordinance is intended to achieve, among others, the following
objectives:
A.
To protect the character and values of residential, institutional
and public uses, business, commercial and manufacturing uses and to
insure their orderly and beneficial development;
B.
To provide adequate open spaces for light, air and outdoor uses to
include public, common and private open space areas;
C.
To prevent overcrowding of the land;
D.
To prevent excessive concentration of population and to prevent sparse
and uncoordinated development;
E.
To regulate and control the location and spacing of buildings on
the lot and in relation to the surrounding property generally consistent
with the policies of the Comprehensive Plan;
F.
To protect persons and property from damage and injury due to fire
or flood;
G.
To preserve and protect significant natural features and vegetation,
thereby preventing ecological damage and visual blight which occur
when those features or vegetation are eliminated or substantially
altered to serve development purposes only;
H.
To assure that structure and land use arrangements are aesthetically
harmonious with nearby areas and structures;
I.
To regulate the location of buildings and intensity of uses in relation
to streets according to plans so as to cause the least interference
with and be damaged least by traffic movements and hence result in
lessened street congestion and improved public safety;
J.
To establish zoning patterns that insure economical extensions for
sewers, water supply, waste disposal and other public utilities, as
well as development of recreation, schools and other public facilities;
K.
To guide the future development of the town so as to bring about
the gradual conformity of land, structures and uses generally consistent
with the policies of the Comprehensive Plan;
L.
To accomplish the specific intents and goals set forth in the introduction
to the respective sections; and
M.
To protect the community from visual pollution resulting from the
unregulated use of signs and other advertising devices.
N.
Based upon evaluation by the State of New York, the Town Board declares
that the use of land for hydrofracking would endanger the health,
safety and general welfare of the community.
[Added 11-2-2015 by L.L.
No. 23-2015]
1-3-1.
The provisions of this Ordinance shall not annul or in any way
interfere with existing deed or plat restrictions, easements or other
agreements between persons, codes, laws, rules, regulations or permits
previously adopted or issued, except those which are contrary to and
in conflict with this Ordinance. The Town shall not enforce private
deed or plat restrictions.
1-3-2.
Wherever this Ordinance imposes greater restrictions upon the
use of structures or land, the dimensions of buildings or requires
larger land or building areas, yards or other open spaces than are
otherwise required or imposed by deed or plat restrictions or laws,
this Ordinance shall control; and conversely, other regulations shall
control where they impose greater restrictions than this Ordinance,
and for that purpose it shall not annul, modify or impair the provisions
of any existing deed or plat restrictions, easements or other agreements.
1-3-3.
In interpreting and applying the provisions of this Ordinance,
its provisions shall be held to be the minimum requirements for the
promotion of public health, safety, convenience, comfort, prosperity
and general welfare and to accomplish the intent of this Ordinance.
Except as specifically provided in this Ordinance, it is not intended
by the adoption of this Ordinance to repeal, abrogate or annul any
existing provision of any law previously adopted relating to the use
of structures and land and the design, erection, alteration or maintenance
of structures thereon. Titles and headings have been inserted for
convenience of reference and are not intended to define or limit the
scope of or otherwise affect any provision in this Ordinance.
1-3-4.
Where the requirements of Section 5A or related standards or definitions
conflict with the remainder of this Chapter, the requirements of Section
5A control.
[Added 9-3-2019]
This Ordinance is adopted under the grant of power as set forth
in § 261 of NYS Town Law.
1-5-1.
Where this Ordinance differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the Town, state or federal government, this Ordinance shall apply.
1-5-2.
The Town of Amherst shall not be responsible for the enforcement
authority of any federal or state law, rule, or regulation cited in
this Ordinance.
The provisions of this Ordinance shall apply to all land within
the Town of Amherst outside of the Village of Williamsville. No structure
shall be erected or structurally altered nor shall any land development
activity take place, unless it conforms to the provisions of this
Ordinance. Uses of properties shall be limited by the provisions of
this Ordinance.
This Ordinance shall not abrogate or restrict any subsurface
rights acquired by deed or lease, but all surface or above-surface
structures in conjunction therewith shall be subject to the regulations
established in this Ordinance.
It is the intention of the Town that this Ordinance, and any
subsequent amendments hereto, implement the planning policies as established
by the Town's Comprehensive Plan, as may be amended from time to time.
The Town hereby reaffirms its commitment that this Ordinance and any
amendment to it be in conformity with such policies.
This Ordinance shall become effective on the 23rd day of May,
2006.
The invalidity of any section or provision of this Ordinance
shall not invalidate any other section or provision of this Ordinance.
1-11-1.
Establishment of Districts. In order to carry out
the purpose, intent and objectives of this Ordinance, the Town is
hereby divided into the districts established in the table below.
Such districts shall be designated on the Official Zoning Map by symbols
and boundaries. When the terms "base district," "residential district,"
"business district," "industrial district," "special purpose district"
or "overlay district" are used in this Ordinance, they shall be construed
in accordance with the table below.
|
Base Zoning Districts
| |
|---|---|
|
Residential Districts
| |
|
R-R
|
Rural Residential District
|
|
S-A
|
Suburban Agricultural District
|
|
R-1
|
Residential District One
|
|
R-2
|
Residential District Two
|
|
R-3
|
Residential District Three
|
|
CR-3A
|
Cluster Residential District Three-A
|
|
TR-3
|
Traditional Residential District
|
|
R-4
|
Residential District Four
|
|
MFR-4A
|
Multifamily Residential District Four-A
|
|
MFR-5
|
Multifamily Residential District Five
|
|
MFR-6
|
Multifamily Residential District Six
|
|
MFR-7
|
Multifamily Residential District Seven
|
|
MHR-8
|
Manufactured Home Residential District
|
|
Business Districts
| |
|
OB
|
Office Business District
|
|
NB
|
Neighborhood Business District
|
|
GB
|
General Business District
|
|
CS
|
Commercial Service District
|
|
MS
|
Motor Service District
|
|
SC
|
Shopping Center District
|
|
Industrial Districts
| |
|
RD
|
Research and Development
|
|
ST
|
Science Technology
|
|
GI
|
General Industrial
|
|
Special Purpose Districts
| |
|
AG
|
Agricultural District
|
|
NCD
|
New Community District
|
|
PRD
|
Planned Residential District
|
|
PDD
|
Planned Development District
|
|
CF
|
Community Facilities District
|
|
RC
|
Recreation Conservation District
[Added 2-24-2014 by L.L. No. 5-2014] |
|
TND
|
Traditional Neighborhood Development District
|
|
LW-1
|
Live-Work District
[Added 10-9-2017 by L.L.
No. 21-2017] |
|
Overlay Zoning Districts
| |
|
(-TNB)
|
Traditional Neighborhood Business Overlay District
|
|
MIXED-USE ZONING DISTRICTS
[Added 10-17-2022 by L.L. No. 19-2022]
| |
|
TI-2.5
|
Traditional Infill 2.5
|
|
TI-4
|
Traditional Infill 4
|
|
SC-3
|
Shallow Corridor 3
|
|
DC-3
|
Deep Corridor 3
|
|
DC-5
|
Deep Corridor 5
|
|
CTR-2.5
|
Center 2.5
|
|
CTR-5
|
Center 5
|
|
CTR-8
|
Center 8
|
1-11-2.
Official Zoning Map.
A.
The districts listed above are designated by symbols, and the location
and boundaries of these districts are shown on the Official Zoning
Map which, together with all explanatory matter thereon, is hereby
adopted by reference and declared to be part of this Ordinance. If,
in accordance with the provisions of this Ordinance, changes are made
in district boundaries or other matters portrayed on the Official
Zoning Map, such changes shall be entered on the Official Zoning Map
after the amendment has been adopted by the Town Board.
B.
A digital map created through the use of geographic information technology
may be used in the administration and enforcement of this Ordinance,
but shall not replace the original of the Official Zoning Map on file
in the Town Clerk's office.
1-11-3.
Interpretation of District Boundaries. Where uncertainty
exists as to boundaries of districts, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets or highways shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following existing lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following town boundaries shall
be construed as following such boundaries.
D.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
E.
Boundaries indicated as approximately following the edge of streams,
rivers, canals, lakes or other bodies of water shall be construed
to follow the center lines thereof.
F.
Boundaries indicated as parallel to or extensions of features indicated
in paragraphs A through E above shall be construed pursuant to those
provisions.
G.
Where physical or cultural features existing on the ground are inconsistent
with those shown on the Official Zoning Map, or in other circumstances
not covered above, the Zoning Enforcement Officer shall interpret
the district boundaries.
[Amended 3-4-2019 by L.L.
No. 6-2019]
H.
Where a district boundary line established upon the adoption of this
Ordinance divides a lot which was in single ownership at that time,
the Town Board may permit the extension of the regulations of either
district into the other district in accordance with the Zoning Map
amendment procedure in § 8-3.
1-11-4.
Application of District Regulations. The regulations
set by this Ordinance within each district shall be minimum regulations
and shall apply uniformly to all structures and uses, except as otherwise
provided in this Ordinance:
A.
No structure or land shall hereafter be used or occupied, and structure
or part thereof shall hereafter be erected, constructed, reconstructed,
moved or structurally altered, except as permitted in the district
and in conformity with all of the regulations specified in this Ordinance.
B.
No structure shall be erected or altered which exceeds the height
or bulk; accommodates or houses a greater number of families; occupies
a greater part of the lot area; or has narrower or smaller rear yards,
front yards, side yards or other open spaces than permitted or required
by this Ordinance.
C.
No part of a yard or other open space or off-street parking, loading
or stacking space required about or in connection with any structure
for the purpose of complying with this Ordinance shall be included
as part of a yard, open space or off-street parking, loading or stacking
space required for any other structure, unless otherwise permitted.
D.
No lot shall be divided so that the yards or other required open
spaces shall be smaller than required by this Ordinance.
E.
No yard or lot existing at the time of passage of this Ordinance
shall be reduced in dimension or area below the minimum requirements
set forth in this Ordinance. Yards or lots created after May 23, 2006
shall meet the minimum requirements established by this Ordinance.
F.
No required yard shall be separated in ownership from that portion
of the lot on which a structure is located.
1-12-1.
Projects Under Construction Prior to Effective Date.
[Amended 5-20-2013 by L.L. No. 8-2013]
A.
Site
plans approved within one year prior to the adoption of this Ordinance
or the PUD provisions shall be allowed to proceed under the regulations
of the prior Zoning Ordinance without additional approvals.
B.
Any
buildings or development for which a permit was issued before May
23, 2006 or before [effective date of PUD], if the PUD provisions
apply, may be completed in conformance with the issued permit and
other applicable permits and conditions, even if such building or
development does not fully comply with provisions of this Ordinance.
C.
Nothing
in this Ordinance shall require a change to a phasing plan approved
prior to the adoption of this Ordinance or the adoption of the PUD
provisions, provided construction is consistent with the terms and
conditions of the phasing plan and proceeds to completion within five
years of the original approval date, unless extended by the Planning
Board.
D.
If
construction is not completed according to the applicable permit terms,
the entity that approved the application may, for good cause shown,
grant an extension of up to one year for such construction. If the
building is not completed within the time allowed under the original
permit or any extension granted, then the building shall be constructed,
completed or occupied only in compliance with this Ordinance.
1-12-2.
Applications Submitted Prior to Effective Date.
A.
Any complete application submitted before May 23, 2006 may be completed
in conformance with applicable permits and conditions of the regulations
in effect at the time of submission of the application, even if such
application does not fully comply with provisions of this Ordinance.
B.
An application submitted before May 23, 2006 not considered complete
within six months after completion of SEQR review shall be considered
null and void.
C.
If construction is not commenced or completed according to the applicable
terms of the application, the entity that approved the application
may, for good cause shown, grant an extension of up to one year for
such construction. If the building is not completed within the time
allowed under the original application or any extension granted, then
the building shall be constructed, completed or occupied only in compliance
with this Ordinance.
