Town of West Seneca, NY Zoning

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Town of West Seneca, NY

Erie County

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Table of Contents

Table of Contents

Part I: Administrative Legislation
Ch 3 Appearance Tickets
Ch 5 Budget
Ch 10 Environmental Conservation Commission
Ch 11 Youth and Recreation Commission
Ch 12 Architectural Commission
Ch 13 Ethics, Code of
Ch 18 Industrial and Commercial Incentive Board
Ch 25 Personnel Policies
Ch 28 Planning Board and Zoning Board of Appeals
Ch 30 Purchasing
Ch 32 Receiver of Taxes and Assessments, Office of
Ch 33 Records, Public
Ch 36 Town Board
Ch 38 Traffic Violations Bureau
Ch 39 Senior Services Advisory Board
Ch 40 Term Limits
Part II: General Legislation
Ch 46 Alarm Systems
Ch 47 Alcoholic Beverages
Ch 47A Amusements and Amusement Businesses
Ch 48 Amusements, Licensed
Ch 50 Animals
Ch 52 Bingo
Ch 54 Brush, Grass and Weeds
Ch 55 Building Code Administration and Enforcement
Ch 57 Buildings, Unsafe
Ch 58 Vacant and Abandoned Residential Real Property
Ch 59 Cannabis
Ch 60 Development Plan Review Fees
Ch 62 Dogs
Ch 63 Dumping
Ch 65 Electrical Inspections
Ch 66 Electrical Licensing
Ch 67 (Reserved)
Ch 68 Excavations and Topsoil Removal
Ch 70 Excavations in Streets
Ch 71 Fair Housing
Ch 72 Fees
Ch 74 Firearms
Ch 74A Fire Insurance Claims
Ch 75 Fire Prevention
Ch 77 Flood Damage Prevention
Ch 78 Games of Chance
Ch 78A Junkyards
Ch 78B Illicit Discharges, Activities and Connections to Storm Sewers
Ch 78C Landmark and Historic Preservation
Ch 79 Lighting, Artificial
Ch 80 Mobile Home Parks
Ch 82 Noise
Ch 83 Notification of Defects
Ch 83A Numbering of Buildings
Ch 84 Outdoor Fund-Raising Events
Ch 85 Parks
Ch 87 Peddling, Soliciting, Transient Business, and Mobile Food Vending
Ch 88 Pesticides
Ch 90 Plumbing
Ch 92 Property Maintenance
Ch 93 Public Improvement Construction
Ch 95 Rental Property
Ch 97 Sewers
Ch 99 Sex Offender Residency
Ch 100 Smoke Detectors
Ch 100A Snowplowing
Ch 101 Solid Waste
Ch 101A Smoking
Ch 102 Site Plan Review
Ch 102A Stormwater Management and Erosion and Sediment Control
Ch 103 Subdivision of Land
Ch 106 Swimming Pools
Ch 109 Taxation
Ch 110 Tree Conservation
Ch 112 Trespassing
Ch 114 Truck Routes
Ch 115 Vehicles and Traffic
Ch 117 Vehicles, Off-Road
Ch 120 Zoning
Ch 120 Art I General Provisions
§ 120-1 Title.
§ 120-1.1 Purpose.
§ 120-2 Establishment of districts.
§ 120-3 Zoning Map.
§ 120-4 Interpretation of district boundaries.
§ 120-5 Interpretation of permitted uses.
§ 120-6 General application of regulations.
§ 120-7 Use of land for public purposes.
§ 120-8 Lots divided by district boundaries.
§ 120-9 Approved permits and variances.
§ 120-10 Conflict with other regulations.
§ 120-11 Severability.
§ 120-12 Filing fees.
Ch 120 Art II Use Regulations
§ 120-13 Permitted uses in R-90, R-75 and R-65 Districts.
§ 120-14 Permitted uses in R-90A, R-75A and R-65A Districts.
§ 120-15 (Reserved)
§ 120-16 Permitted uses in R-50 Districts.
§ 120-17 Permitted uses in R-100A Districts.
§ 120-18 Permitted uses in R-60A Districts.
§ 120-19 Permitted uses in C-1 District.
§ 120-20 Permitted uses in C-2 Districts.
§ 120-21 Permitted uses in M-1 Districts.
§ 120-22 Permitted uses in M-2 Districts.
§ 120-23 Uses requiring special permit by Town Board.
§ 120-24 Temporary structures or uses.
§ 120-25 Lot and street frontage requirements.
§ 120-26 Limitations on automotive use areas.
§ 120-27 Required screening.
§ 120-28 Excavating and removal of topsoil.
Ch 120 Art IIA Industrial Park Overlay Review District
§ 120-28.1 Establishment of district.
§ 120-28.2 Objectives and purpose.
§ 120-28.3 Restricted use permit required.
§ 120-28.4 Applicability of other regulations; development plan; use restrictions.
§ 120-28.5 Application procedures for restricted use permits.
§ 120-28.6 Administration and transfer of permits.
§ 120-28.7 Performance standards.
§ 120-28.8 Specific standards; site plan review standards.
§ 120-28.9 Working drawings to be submitted.
§ 120-28.10 Building permit and certificate of occupancy.
§ 120-28.11 Access to construction site by town.
§ 120-28.12 Special assessments.
§ 120-28.13 Severability.
Ch 120 Art III Bulk Regulations
§ 120-29 Minimum lot sizes for dwellings or mixed occupancy.
§ 120-30 Minimum yards for one- and two-family dwellings.
§ 120-31 Minimum yards for other principal buildings.
§ 120-32 Exceptions to yard requirements.
§ 120-33 Visibility at intersections.
§ 120-34 Maximum heights of buildings or structures.
§ 120-35 Height exceptions.
§ 120-35.1 Solar access.
§ 120-36 Usable open space for mixed occupancy.
§ 120-37 Minimum size of dwellings.
§ 120-38 Open space requirements for group dwellings.
§ 120-39 Limitations on accessory uses in R Districts.
§ 120-40 Limitations on accessory uses in C or M Districts.
Ch 120 Art IIIA Sign Regulations
§ 120-40.1 Purpose and intent.
§ 120-40.2 Sign permit required.
§ 120-40.3 Measurement.
§ 120-40.4 Regulations applicable to all signs.
§ 120-40.5 Signs authorized without permit.
§ 120-40.6 Prohibited signs.
§ 120-40.7 Temporary sign requirements.
§ 120-40.8 Sign provisions by zoning district.
§ 120-40.9 Electronic changeable copy sign regulations.
§ 120-40.10 Billboards.
§ 120-40.11 Nonconforming signs.
§ 120-40.12 Regulations by sign type.
§ 120-40.13 Definitions.
Ch 120 Art IIIB Telecommunications Facilities
§ 120-40.14 Authority.
§ 120-40.15 Intent.
§ 120-40.16 Definitions.
§ 120-40.16.1 Where permitted, approvals and bulk requirements.
§ 120-40.16.2 Tower special permit application materials.
§ 120-40.16.3 Tower special permit standards.
§ 120-40.16.4 Exemptions.
§ 120-40.16.5 Waivers.
Ch 120 Art IIIC Home Occupation Regulations
§ 120-40.17 Intent.
§ 120-40.18 Conditions.
§ 120-40.19 Procedure.
Ch 120 Art IIID Adult Uses
§ 120-40.20 Purpose; intent.
§ 120-40.21 Definitions.
§ 120-40.22 Restrictions affecting adult uses.
§ 120-40.23 Certificate of registration; fee.
§ 120-40.24 Approval or disapproval of registration.
§ 120-40.25 Term of registration.
§ 120-40.26 Denial of application.
§ 120-40.27 Revocation of registration.
§ 120-40.28 Amortization.
Ch 120 Art IV Off-Street Parking Regulations
§ 120-41 Required off-street parking spaces.
§ 120-42 Units of measurement.
§ 120-43 Modifications of required spaces.
§ 120-44 Site requirements for off-street parking spaces.
Ch 120 Art V Nonconforming Use Regulations
§ 120-45 Continuation of use.
§ 120-46 Discontinuance.
§ 120-47 Cessation.
§ 120-48 Nonconformity as to lot size, open space, etc.
Ch 120 Art VI Administration and Enforcement
§ 120-49 Administrative and enforcement officer.
§ 120-50 Building permits.
§ 120-51 Certificates of zoning compliance.
§ 120-52 Inspections.
§ 120-53 Penalties for offenses.
§ 120-54 Additional remedies.
Ch 120 Art VII Board of Appeals
§ 120-55 Creation and organization.
§ 120-56 Appellate jurisdiction.
§ 120-57 Original jurisdiction.
§ 120-58 Procedure.
Ch 120 Art VIII Amendments
§ 120-59 General provisions.
§ 120-60 Submission of development plans.
§ 120-61 Procedure.
§ 120-62 Changes in zoning regulations by Planning Board.
Ch 120 Art IX Definitions
§ 120-63 Word usage.
§ 120-64 Definitions.
Ch 120 Art X Nonresidential Design Standards and Guidelines
§ 120-65 Establishment of Town-wide standards and guidelines.
§ 120-66 Site planning.
§ 120-67 Off-street parking design.
§ 120-68 Landscaping and screening.
§ 120-69 Architectural guidelines and standards.
§ 120-70 Union Road Corridor design standards.
§ 120-71 Definitions.
Ch ZMA Zoning Map Amendments
Disposition List
Ch DL Disposition List

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Chapter 120 Zoning

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[HISTORY: Adopted by the Town Board of the Town of West Seneca 3-18-1963. Amendments noted where applicable.]

GENERAL REFERENCES

Environmental Conservation Commission — See Ch. 10.

Planning Board and Zoning Board of Appeals — See Ch. 28.

Building Code administration and enforcement — See Ch. 55.

Electrical inspections — See Ch. 65.

Excavations and topsoil removal — See Ch. 68.

Public improvement construction — See Ch. 93.

Sewers — See Ch. 97.

Subdivision of land — See Ch. 103.

Swimming pools — See Ch. 106.

ATTACHMENTS

Attachment 1 - Appendix A Restricted Use Permit Application Requirements

Attachment 2 - Appendix B Landscape Plans

Attachment 3 - Figure 1 Buffer Area Concept

Attachment 4 - Figure 2 Street Scene Concept

Article I General Provisions

§ 120-1 Title.

§ 120-1.1 Purpose.

§ 120-2 Establishment of districts.

§ 120-3 Zoning Map.

§ 120-4 Interpretation of district boundaries.

§ 120-5 Interpretation of permitted uses.

§ 120-6 General application of regulations.

§ 120-7 Use of land for public purposes.

§ 120-8 Lots divided by district boundaries.

§ 120-9 Approved permits and variances.

§ 120-10 Conflict with other regulations.

§ 120-11 Severability.

§ 120-12 Filing fees.

Article II Use Regulations

§ 120-13 Permitted uses in R-90, R-75 and R-65 Districts.

§ 120-14 Permitted uses in R-90A, R-75A and R-65A Districts.

§ 120-15 (Reserved)

§ 120-16 Permitted uses in R-50 Districts.

§ 120-17 Permitted uses in R-100A Districts.

§ 120-18 Permitted uses in R-60A Districts.

§ 120-19 Permitted uses in C-1 District.

§ 120-20 Permitted uses in C-2 Districts.

§ 120-21 Permitted uses in M-1 Districts.

§ 120-22 Permitted uses in M-2 Districts.

§ 120-23 Uses requiring special permit by Town Board.

§ 120-24 Temporary structures or uses.

§ 120-25 Lot and street frontage requirements.

§ 120-26 Limitations on automotive use areas.

§ 120-27 Required screening.

§ 120-28 Excavating and removal of topsoil.

Article IIA Industrial Park Overlay Review District

§ 120-28.1 Establishment of district.

§ 120-28.2 Objectives and purpose.

§ 120-28.3 Restricted use permit required.

§ 120-28.4 Applicability of other regulations; development plan; use restrictions.

§ 120-28.5 Application procedures for restricted use permits.

§ 120-28.6 Administration and transfer of permits.

§ 120-28.7 Performance standards.

§ 120-28.8 Specific standards; site plan review standards.

§ 120-28.9 Working drawings to be submitted.

§ 120-28.10 Building permit and certificate of occupancy.

§ 120-28.11 Access to construction site by town.

§ 120-28.12 Special assessments.

§ 120-28.13 Severability.

Article III Bulk Regulations

§ 120-29 Minimum lot sizes for dwellings or mixed occupancy.

§ 120-30 Minimum yards for one- and two-family dwellings.

§ 120-31 Minimum yards for other principal buildings.

§ 120-32 Exceptions to yard requirements.

§ 120-33 Visibility at intersections.

§ 120-34 Maximum heights of buildings or structures.

§ 120-35 Height exceptions.

§ 120-35.1 Solar access.

§ 120-36 Usable open space for mixed occupancy.

§ 120-37 Minimum size of dwellings.

§ 120-38 Open space requirements for group dwellings.

§ 120-39 Limitations on accessory uses in R Districts.

§ 120-40 Limitations on accessory uses in C or M Districts.

Article IIIA Sign Regulations

§ 120-40.1 Purpose and intent.

§ 120-40.2 Sign permit required.

§ 120-40.3 Measurement.

§ 120-40.4 Regulations applicable to all signs.

§ 120-40.5 Signs authorized without permit.

§ 120-40.6 Prohibited signs.

§ 120-40.7 Temporary sign requirements.

§ 120-40.8 Sign provisions by zoning district.

§ 120-40.9 Electronic changeable copy sign regulations.

§ 120-40.10 Billboards.

§ 120-40.11 Nonconforming signs.

§ 120-40.12 Regulations by sign type.

§ 120-40.13 Definitions.

Article IIIB Telecommunications Facilities

§ 120-40.14 Authority.

§ 120-40.15 Intent.

§ 120-40.16 Definitions.

§ 120-40.16.1 Where permitted, approvals and bulk requirements.

§ 120-40.16.2 Tower special permit application materials.

§ 120-40.16.3 Tower special permit standards.

§ 120-40.16.4 Exemptions.

§ 120-40.16.5 Waivers.

Article IIIC Home Occupation Regulations

§ 120-40.17 Intent.

§ 120-40.18 Conditions.

§ 120-40.19 Procedure.

Article IIID Adult Uses

§ 120-40.20 Purpose; intent.

§ 120-40.21 Definitions.

§ 120-40.22 Restrictions affecting adult uses.

§ 120-40.23 Certificate of registration; fee.

§ 120-40.24 Approval or disapproval of registration.

§ 120-40.25 Term of registration.

§ 120-40.26 Denial of application.

§ 120-40.27 Revocation of registration.

§ 120-40.28 Amortization.

Article IV Off-Street Parking Regulations

§ 120-41 Required off-street parking spaces.

§ 120-42 Units of measurement.

§ 120-43 Modifications of required spaces.

§ 120-44 Site requirements for off-street parking spaces.

Article V Nonconforming Use Regulations

§ 120-45 Continuation of use.

§ 120-46 Discontinuance.

§ 120-47 Cessation.

§ 120-48 Nonconformity as to lot size, open space, etc.

Article VI Administration and Enforcement

§ 120-49 Administrative and enforcement officer.

§ 120-50 Building permits.

§ 120-51 Certificates of zoning compliance.

§ 120-52 Inspections.

§ 120-53 Penalties for offenses.

§ 120-54 Additional remedies.

Article VII Board of Appeals

§ 120-55 Creation and organization.

§ 120-56 Appellate jurisdiction.

§ 120-57 Original jurisdiction.

§ 120-58 Procedure.

Article VIII Amendments

§ 120-59 General provisions.

§ 120-60 Submission of development plans.

§ 120-61 Procedure.

§ 120-62 Changes in zoning regulations by Planning Board.

Article IX Definitions

§ 120-63 Word usage.

§ 120-64 Definitions.

Article X Nonresidential Design Standards and Guidelines

§ 120-65 Establishment of Town-wide standards and guidelines.

§ 120-66 Site planning.

§ 120-67 Off-street parking design.

§ 120-68 Landscaping and screening.

§ 120-69 Architectural guidelines and standards.

§ 120-70 Union Road Corridor design standards.

§ 120-71 Definitions.