Pursuant to authority conferred by the Town Law and the Municipal Home Rule Law of the State of New York, and for each and every purpose specified therein, the Town Board of the Town of Alden, County of Erie and State of New York, has ordained and does hereby enact the following chapter regulating and restricting, by districts, the height, the number of stories and size of buildings and other structures, the portion of lots that may be occupied, the size of yards and other open spaces and the density of population and location and use of buildings, structures and land for trade, industry, residences or other purposes. This chapter shall take effect immediately as provided by law.
A. 
Repealer. The provisions of the Zoning Law of the Town of Alden, being Local Law No. 3 of the year 1976 adopted by the Town Board on June 7, 1976, and cited as Chapter 365 of the Code of the Town of Alden, entitled "Zoning," are hereby repealed in their entirety, including all amendments thereto.
B. 
When effective. This Local Law No. 1 of the year 1992 shall take effect immediately upon filing in the office of the Secretary of State of the State of New York.
This chapter shall be known and may be cited as the "Zoning Law of the Town of Alden, New York."
The purpose of this Zoning Law is to:
A. 
Promote and protect to the fullest extent permissible the environment of Alden and its public health, safety, convenience, comfort, prosperity and the general welfare by:
(1) 
Regulating the use of buildings, other structures and land.
(2) 
Regulating and restricting the bulk, height, design, lot coverage and location of structures.
(3) 
Regulating and limiting population density.
B. 
For the aforesaid purposes, divide the land within the limits of Alden into districts of such number and dimensions in accordance with the objectives of the Comprehensive Plan.
C. 
Provide procedures for the administration and amendment of said Zoning Law.
A. 
If a court of competent jurisdiction finds any provision of this chapter invalid in whole or in part, the effect of such decisions shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of the chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction finds the application of any provision of the chapter to any building, other structure or tract of land to be invalid in whole or in part, the effect of such decision shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.
The Town of Alden is hereby divided into the following zoning districts:
R-A
Rural-Agricultural District
R-1
Residential District
R-2
Residential District
R-3
Residential District
R-C
Restricted Commercial District
C-1
Commercial District
C-2
Commercial District
C-3
Commercial District
M-1
Manufacturing District
M-2
Manufacturing District
The location and boundaries of the aforesaid zoning districts are shown on a map entitled "Zoning Map, Town of Alden," which, with all explanatory matter thereon, is hereby incorporated into this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.
Zoning district boundaries are intended to follow property lines, center lines of streets, railroads or streams or to be parallel or perpendicular thereto, unless otherwise located by appropriate reference on the Zoning Map. Where uncertainty exists with respect to the zoning district boundaries as shown on the Zoning Map, the following rules shall apply:
A. 
Where district boundaries are indicated so as to approximately follow property lines, such property lines shall be construed to be such boundaries.
B. 
Where district boundaries are so indicated that they are approximately parallel to street lines, the location of the district boundary shall be measured from the center line of that street using the graphic scale on the Zoning Map if no distance is given.
C. 
Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered above, the Board of Appeals shall interpret the district boundaries.
D. 
Restricted portions of lot.
(1) 
Where a district boundary line divides a lot of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
(2) 
In designating a more restrictive or less restrictive district, the designation shall refer to the order in which the districts are named below, the first named being the most restrictive and so on:
R-1
Residential District
R-2
Residential District
R-3
Residential District
R-A
Rural-Agricultural District
R-C
Restricted Commercial District
C-1
Commercial District
C-2
Commercial District
C-3
Commercial District
M-1
Manufacturing District
M-2
Manufacturing District
A. 
Interpretation.
(1) 
No use shall be permitted in any zoning district unless set forth in a list of permitted uses for such zoning district.
(2) 
If any use could be construed to be incorporated within a general use listing, the more specific listing, if any, shall control.
(3) 
With the exception of M-2 Districts, no activity in any district shall exceed M-1 performance standards as described in Article XIII.
B. 
Conformity.
(1) 
No building, other structure or land shall hereafter be used or occupied, and no building or parts thereof shall be erected, relocated, altered, extended or enlarged, unless in conformity with the use, height and bulk regulations specified herein for the district in which such building, other structure or land is located and in conformity with all other regulations of this chapter.
(2) 
No lot area shall be reduced or diminished so that the yards or other open space thereon shall be less than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with area requirements herein established. If, at the time of adoption of this chapter or of any subsequent amendments increasing the area or open space requirements, the lot area or required open spaces are less than the minimum required by this chapter, such area or open space shall not further be reduced.
(3) 
No yard or other open space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.
C. 
Structure measurements.
(1) 
Height of a structure shall be the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. See illustration in Appendix.[1]
[1]
Editor's Note: The Appendix is included at the end of this chapter.
(2) 
Horizontal distance separations shall be measured from the furthest projection of the structure.
D. 
Lot restrictions.
(1) 
Separate lots. Every building used as a dwelling shall be located on a lot and, except for permitted accessory dwellings or multiple dwelling groups, there shall be not more than one such building on a lot.
(2) 
Lot frontage. Except for multiple dwelling groups, no dwelling shall be allowed on any lot which does not have immediate frontage on a dedicated street.
(3) 
Common ownership. Maintenance and preservation of private drives and parking areas, recreation areas and amenities shall be guaranteed by deed restrictions which run with the land.
E. 
Prior permits and variances.
(1) 
Building permits. Nothing contained in this chapter shall prevent the construction of a building or other structure which is made nonconforming by this chapter or subsequent amendments hereto for which a building permit has been lawfully issued, provided that either:
(a) 
Construction of the foundation shall have commenced prior to the nonconforming date; or
(b) 
The Board of Appeals makes a finding that substantial expenditures have been made or substantial financial obligations incurred for such nonconforming building or structure prior to the nonconforming date.
(2) 
Special permits and variances. Special permits or variances granted prior to the effective date of this chapter and which are not permitted by this chapter as of right in the district in which located shall be subject to all the conditions and limitations placed thereon when such special permit or variance was granted and to the provisions contained herein pertaining to nonconforming uses. Such special permit or variance shall become null and void unless exercised within one calendar year from the date so granted.