[Added 8-17-1987]
This chapter shall be known as the "Zoning Ordinance of the Town of West Seneca" and shall constitute Chapter 120 of the Code of the Town of West Seneca.
[Amended 8-17-1987]
As part of the Comprehensive Development Plan for the Town of West Seneca, this Zoning Ordinance, set forth in the text and maps which constitute this chapter, is adopted in order to promote public health, safety, morality and the general welfare. These general goals include, among others, the following specific purposes: to provide for adequate light, air and convenience of access; to prevent overcrowding of the land and undue concentration of population; to secure safety from fire, flood, panic and other dangers; to lessen congestion in the streets and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to encourage the most appropriate use of land in order to protect and conserve property values throughout the town; and to bring about the gradual conformity of land and buildings to the Comprehensive Master Plan.
The Town of West Seneca is hereby divided into the following zoning districts:
A.
The location and boundaries of the aforesaid zoning districts are shown on a map entitled "Zoning Map, Town of West Seneca, New York." Said map, with all explanatory matter thereon, is hereby deemed to be as much a part of this chapter as if fully set forth and described herein.
B.
As evidence of the authenticity of the "Zoning Map, Town of West Seneca, New York," said map and amendments thereto shall be duly certified by the Town Clerk and shall be posted and filed according to law.[1]
[1]
Editor's Note: The Zoning Map is available for examination 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 or center lines of streets, railroads or streams, such property lines or center lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they are approximately parallel to street center lines, such district boundaries shall be construed as being parallel thereto. If no distance is given, the location of the district boundary shall be measured from the nearest parallel street line, using the graphic scale shown on the Zoning Map. However, if the property abutting on said parallel street line has a lesser depth than the distance so measured, then the rear lot line of said property shall be construed to be the district boundary.
C.
In the event that none of the above rules are applicable, the location of such boundary, unless the same is indicated by dimension on the map, shall be determined by the use of the graphic scale on the Zoning Map.
A.
If a use which is specifically named as a permitted use could also be construed as being incorporated within a more general listing, the more specific listing shall control and such use shall not be deemed to be included in the more general listing.
B.
No use shall be permitted in any zoning district unless it is listed specifically or generally as a permitted use in said zoning district.
C.
In the case of a use not listed separately or in a general use listing as a permitted use in any zoning district, no building permit or certificate of zoning compliance shall be issued for such use unless and until this chapter has been amended to include such use as a permitted use in an appropriate zoning district.
Except as hereinafter provided:
A.
No building, other structure or land shall hereafter be used or occupied, and no building or other structure or parts thereof shall be erected, relocated, altered, extended or enlarged, unless in conformity with the use, height and area 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.
B.
Lot and yard areas.
(1)
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 be further reduced.
(2)
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.
Fences. Except as may be specifically provided, barb wire, razor wire, or similar type fencing materials, and/or electrified fences are not permitted in the Town of West Seneca.
[Added 10-2-2024 by L.L. No. 10-2024]
A.
The regulations of this chapter shall not be so construed as to limit or interfere with the dedication, development or use of any land or building for public parks, public playgrounds or public schools required for compulsory education; or with the use of land or buildings owned by the United States Government, the State of New York, the County of Erie or the Town of West Seneca and used for governmental purposes; or with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains or conduits, electric light or electric power transmission lines or distribution lines, telephone or telegraph lines, oil pipelines, sewers, sewer mains or incidental appurtenances, subject, however, to the prior approval of the Town Board as to location, type of structure and effect upon adjacent properties and subject also to regulations provided in M-1 and M-2 Districts; or with any highway or railroad right-of-way existing or hereafter authorized by the State of New York, the County of Erie or the Town of West Seneca.
B.
These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by said public utilities which are otherwise permitted by this chapter in appropriate districts.
Where a lot is divided by any zoning district boundary so as to be in more than one zoning district and where such lot was an existing lot when such district boundary was established, a conforming use occupying 50% or more of the area of said lot and having street frontage in the district where permitted may be extended on such lot not more than 25 feet (measured perpendicular to the district boundary) into any district where such use is not permitted. Such use shall be subject to all regulations applicable to the district where permitted.
A.
Building permits. Nothing contained in this chapter shall prevent the construction of a building or other structure for which a building permit has been lawfully issued and which is made nonconforming by this chapter, or subsequent amendments thereto, provided that either:
(1)
Construction of the foundation shall have commenced prior to the nonconforming date and construction thereafter is diligently prosecuted, or
(2)
The Board of Appeals makes a finding that substantial expenditures have been made or substantial financial obligations have been incurred for such nonconforming building or structure prior to the nonconforming date.
B.
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 (Article V). Any such special permit or variance shall become null and void unless exercised within one calendar year from the date so granted.
A.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare.
B.
Whenever any provision of this chapter is at variance or in conflict with any other provision of this chapter or any other statute, local ordinance or regulation covering any of the same subject matter, the most restrictive provision or the one imposing the higher standard shall govern.
If a court of competent jurisdiction finds the application of any provision of this 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.
A.
Fees for applications. Before acceptance for filing of an application for a hearing before the Board of Appeals, for a special permit or for a zoning amendment, fees shall be charged and collected in accordance with a schedule adopted from time to time by the Town Board.[1]
[1]
Editor's Note: By motion adopted by the Town Board on 5-10-1999, the fee for the Zoning Board of Appeals was set at $100, effective 5-13-1999.
B.
Waiver of filing fees. Application fees shall not apply to any town official making application in an official capacity or to any board or commission duly appointed by the Town Board.