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.
This chapter shall apply to and affect only
such part of the Town of Cheektowaga as is outside the limits of the
Villages of Sloan and Depew.
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.
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R Residence District
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RS Residence Single District
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RA Apartment District
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RSC Residential Senior Citizen District
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RMH Residential Mobile Home District
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B.
Business districts.
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NS Neighborhood Services District
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C Retail Business District
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CM General Commercial District
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MS Motor Service District
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CF Community Facilities District
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C.
Manufacturing districts.
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M1 Light Manufacturing District
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M2 General Manufacturing District
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AG Special Aggregate District
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[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.
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.
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.
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.
