A. 
Long title. The complete title of this chapter shall be "A Law Establishing a Comprehensive Zoning Plan for the Unincorporated Area of the Town of Cheektowaga, New York, by Dividing the Territory Thereof into Certain Zoning Districts and Prescribing Regulations for Buildings or Other Structures and the Use of Land Therein."
B. 
Short title. This chapter shall be known and may be cited as the "Zoning Law of the Town of Cheektowaga, New York."
The Comprehensive Zoning Plan, set forth in the text and maps which constitute this chapter, is adopted in order to promote and and protect public health, safety, comfort, convenience, prosperity and other aspects of 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 undue concentration of population and overcrowding of land; to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements.
In order to carry out the purpose, intent and objectives of this chapter, the Town is hereby divided into the following districts, which shall be designated on the Official Zoning Map by symbols and boundaries, said districts to be known as (symbols - districts as follows):
A. 
Residence districts.
R Residence District
RS Residence Single District
RA Apartment District
RSC Residential Senior Citizen District
RMH Residential Mobile Home District
B. 
Business districts.
NS Neighborhood Services District
C Retail Business District
CM General Commercial District
MS Motor Service District
CF Community Facilities District
C. 
Manufacturing districts.
M1 Light Manufacturing District
M2 General Manufacturing District
AG Special Aggregate District
[Amended 7-16-2012 by L.L. No. 3-2012[1]]
A. 
The aforementioned districts are designated by symbols and the location and boundaries of said districts are shown on the Official Zoning Map or Maps, which together with all explanatory matters thereon, is hereby declared to be part of the ordinances and resolutions of the Town of Cheektowaga.[2] If, in accordance with the provisions of this chapter, 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 a resolution adopting such changes has been adopted by the Town Board.
[2]
Editor's Note: The Zoning Map is on file in the Town offices.
B. 
As evidence of the authenticity of the "Zoning Maps for the Town of Cheektowaga, New York," said maps and amendments thereto shall be fully certified by the Town Clerk and shall be posted and filed according to law.
[1]
Editor's Note: This local law also provided that it shall apply retroactively and prospectively to all existing and future amendments to the Official Zoning Map.
A. 
Zoning district boundaries are intended to follow property lines, center lines of streets, rights-of-way or watercourses, or other lines fixed by dimensions shown on the Zoning Map. In any case where a zoning district boundary is in question, the Building Inspector shall determine the location of such district boundary by the use of the graphic scale.
B. 
Where dimensions are referenced to streets, rights-of-way or streams, such dimensions shall be measured from the center lines of such streets, rights-of-way or streams.
The Special Flood Hazard Area is hereby established to allow Ellicott, Scajaquada, Cayuga and Slate Bottom Creeks and their tributaries to carry abnormal flows of water in time of flood and to prevent encroachments into the floodplains of these waterways which will unduly increase flood heights and damage to property as well as potential threat to health and safety. The Special Flood Hazard Area is not restricted to any particular zoning district as established under § 260-4 of this chapter, but instead is superimposed over any district which lies within the floodplains of the Scajaquada, Cayuga, Ellicott and Slate Bottom Creeks and their tributaries.
The areas of special flood hazard are identified by the Federal Emergency Management Agency in the scientific and engineering report entitled "The Flood Insurance Study for the Town of Cheektowaga, Erie County, New York," dated March 15, 1984, and as further detailed on Flood Insurance Rate Maps and Flood Boundary-Floodway Maps 360231-0005E, effective April 8, 1983, and 360231-0010F, effective March 15, 1984, prepared by the Federal Emergency Management Agency and as amended in the future.
Uses permitted are subject to those uses permitted in the designated zoning district, subject to the provisions of Chapter 125, Flood Damage Prevention.
A. 
Open uses.
(1) 
Raising of agricultural crops.
(2) 
Roads, railroads, electric and other utility transmission lines.
(3) 
Open-type public or private recreation facilities, such as public parks, golf courses, golf driving ranges and drive-in theaters.
(4) 
Temporary or transient uses, such as carnival, circus or similar amusement enterprise.
(5) 
Storage yards for equipment and material not subject to movement by flood, provided that such use is accessory to uses legally permitted in an adjoining area, but not including the storage of flammable or combustible liquids as defined in the most current issue of the National Fire Prevention Codes.
(6) 
No land shall be excavated or filled or used for equipment or material storage without full compliance with the terms of Chapter 125, Flood Damage Prevention.
B. 
Buildings.
(1) 
No structure located within the Special Flood Hazard Area shall be constructed, located, extended, converted or altered without full compliance with the terms of Chapter 125, Flood Damage Prevention.
(2) 
Where, in the opinion of the Town Engineer, topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed structure and/or the effect of the structure on the flow of water, the Engineer may require the applicant to submit such data, prepared by a licensed professional engineer.
(3) 
The granting of approval of any use or structure shall not constitute a representation, guaranty or warranty of any kind or nature of the Town of Cheektowaga, or by any officer or employee, of the practicality or safety of any use or structure proposed, and shall create no liability upon, or cause action against, such public body, officer or employee for any damage that may result pursuant thereto.
A. 
The Critical Environmental Impact Zone is hereby established to address the special conservation and environmental protection requirements of certain designated areas within the Town of Cheektowaga, and the need for intensive review of land use proposals affecting such areas under the State Environmental Quality Review Act ("SEQRA") process; Chapter 107, Environmental Impact Review, of the Town Code; and other applicable laws.
B. 
The Critical Environmental Impact Zone is intended to promote open recreational and low-intensity uses, thereby preserving wetlands, trees, wildlife refuges and flood management areas, while supporting containment and remediation of hazardous waste sites and ensuring public safety. A Critical Environmental Impact Zone is not restricted to any particular zoning district, as established by § 260-4 of this chapter, but instead is superimposed over any district which lies within the areas designated herein as Critical Environmental Impact Zones.
The Critical Environmental Impact Zones are hereby established as follows:
A. 
That land commonly known as the "Reinstein Woods Nature Preserve"; the area in the center of the Reinstein Woods Preserve; and the area within 400 feet of the Reinstein Woods Nature Preserve, all as further defined in § 107-5B(1) of the Town Code. This area is designated to maintain and support those features or characteristics of the New York State Nature Preserve that are to sustain the Nature Preserve's unique flora and fauna.
B. 
Freshwater wetlands, as designated by the New York State Department of Environmental Conservation on NYS Freshwater Wetlands Map as LA-5 through LA-9, and as otherwise defined in § 107-5B(2) of the Town Code.
C. 
The Cayuga Creek and tributary one-hundred-year floodplain and public parkland contiguous of such floodplain. The Cayuga Creek and tributary one-hundred-year floodplain is shown and detailed on Flood Insurance Rate Maps and Flood Boundary-Floodway Maps 360231-0005E, effective April 8, 1983, and 360231-0010F, effective March 15, 1984, prepared by the Federal Emergency Management Agency, and as amended in the future. This area is designated to provide for open recreational uses and to extend the area of protection necessary to maintain the Reinstein Woods Nature Preserve and the flora and fauna shared with such nature preserve, as well as preserve the essential flood management and drainage characteristics of the one-hundred-year floodplain and adjoining parkland and properties.
D. 
Inactive hazardous waste sites, as designated by the New York State Department of Environmental Conservation in its inactive hazardous waste registry dated April 1991, and as amended from time to time. This area is designated to prohibit land uses that expose the public to undue hazards and to ensure that containment and/or remediation of hazardous waste sites is approved by the New York State Department of Environmental Conservation and the New York State Department of Health prior to development of the property.
Uses permitted are subject to those uses allowed in the designated zoning district, subject to the following restrictions:
A. 
Open recreational or low-intensity uses or other permitted development which does not result in the net loss of wetlands, mature trees, flood management area and wildlife refuges.
B. 
Open recreational or low-intensity uses or other permitted development which does not result in the exposure of the public to undue safety or health hazards or the effects of hazardous wastes.
C. 
Open recreational or low-intensity uses or other permitted development which may occur only after remediation/containment of hazardous waste sites is approved by the New York State Department of Environmental Conservation and the New York State Department of Health.
D. 
Chapter 125, Flood Damage Prevention, and other federal, state and local laws must be complied with prior to any development.
Except as hereinafter provided:
A. 
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land therein, except as otherwise provided in this chapter.
B. 
No building, structure or land shall hereafter be used or occupied, and no building or 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 herein specified.
C. 
No building or structure shall hereafter 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 herein permitted or required.
D. 
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 chapter shall be included as part of a yard, open space or off-street parking, loading or stacking space required for any other structure.
E. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
F. 
No required yard shall be separated in ownership from that portion of the lot on which a structure is located.
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, fire district facilities or public schools required for compulsory education; nor 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 Cheektowaga and used for governmental purposes; nor 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 pipe lines, sewer mains or incidental appurtenances; nor 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 Cheektowaga.
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.
C. 
All uses enumerated in Subsection A shall conform to the minimum yards and setbacks for structures and parking areas for the district in which the facility is located.
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:
A. 
Construction of the foundation shall have commenced prior to the nonconforming date, and construction thereafter is diligently prosecuted; or
B. 
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.
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 they are 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 VII). Any such special permit or variance shall become null and void unless exercised within one calendar year from the date so granted.
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.
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.
It is hereby declared to be the intent of the Town Board that:
A. 
If a court of competent jurisdiction finds any provision of this chapter invalid in whole or in part, the effect of such decision 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 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.
Upon taking effect of this chapter, the Zoning Ordinance adopted by the Town Board of the Town of Cheektowaga on December 27, 1969, together with all changes and amendments thereto, shall be repealed in its entirety. Such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or any liability, penalty forfeiture or punishment incurred, prior to the time such repeal takes effect, but the same may be enjoined, asserted, enforced, prosecuted or inflicted as fully to the same extent as if such repeal had not been effected.
A. 
The Building Inspector may determine that a use not specifically listed in any of the permitted building and use classifications and districts established by this chapter is a similar use to those enumerated in a specific district. In making a determination that a use is similar, the Inspector shall first determine that:
(1) 
The use is not listed in any other classification of permitted buildings or uses;
(2) 
The use is appropriate and conforms to the basic characteristics of the classification to which it is to be added;
(3) 
The use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than that resulting from other uses listed in the classification to which it is to be added; and
(4) 
Such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
B. 
The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.