Amherst City Zoning Code
PART 1
GENERAL PROVISIONS
§ 1-1 Title
This Local Law shall be known as the Zoning Ordinance of the Town of Amherst, County of Erie, State of New York.
§ 1-2 Purpose
1-2-1.
The purpose of this Zoning Ordinance and the intent of the legislative authority in its adoption is to promote the environment of the town and its public health, safety, convenience, comfort, prosperity and the general welfare by regulating the use of buildings, other structures and land for residences, open space, public facilities, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, building coverage and location of structures; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the limits of the town into districts of such number and dimensions generally consistent with the policies of the Comprehensive Plan and to provide procedures for the administration and amendment of said Zoning Ordinance.
1-2-2.
The ordinance is intended to achieve, among others, the following objectives:
A.
To protect the character and values of residential, institutional and public uses, business, commercial and manufacturing uses and to insure their orderly and beneficial development;
B.
To provide adequate open spaces for light, air and outdoor uses to include public, common and private open space areas;
C.
To prevent overcrowding of the land;
D.
To prevent excessive concentration of population and to prevent sparse and uncoordinated development;
E.
To regulate and control the location and spacing of buildings on the lot and in relation to the surrounding property generally consistent with the policies of the Comprehensive Plan;
F.
To protect persons and property from damage and injury due to fire or flood;
G.
To preserve and protect significant natural features and vegetation, thereby preventing ecological damage and visual blight which occur when those features or vegetation are eliminated or substantially altered to serve development purposes only;
H.
To assure that structure and land use arrangements are aesthetically harmonious with nearby areas and structures;
I.
To regulate the location of buildings and intensity of uses in relation to streets according to plans so as to cause the least interference with and be damaged least by traffic movements and hence result in lessened street congestion and improved public safety;
J.
To establish zoning patterns that insure economical extensions for sewers, water supply, waste disposal and other public utilities, as well as development of recreation, schools and other public facilities;
K.
To guide the future development of the town so as to bring about the gradual conformity of land, structures and uses generally consistent with the policies of the Comprehensive Plan;
L.
To accomplish the specific intents and goals set forth in the introduction to the respective sections; and
M.
To protect the community from visual pollution resulting from the unregulated use of signs and other advertising devices.
N.
Based upon evaluation by the State of New York, the Town Board declares that the use of land for hydrofracking would endanger the health, safety and general welfare of the community.
[Added 11-2-2015 by L.L. No. 23-2015]
§ 1-3 Interpretation
1-3-1.
The provisions of this Ordinance shall not annul or in any way interfere with existing deed or plat restrictions, easements or other agreements between persons, codes, laws, rules, regulations or permits previously adopted or issued, except those which are contrary to and in conflict with this Ordinance. The Town shall not enforce private deed or plat restrictions.
1-3-2.
Wherever this Ordinance imposes greater restrictions upon the use of structures or land, the dimensions of buildings or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by deed or plat restrictions or laws, this Ordinance shall control; and conversely, other regulations shall control where they impose greater restrictions than this Ordinance, and for that purpose it shall not annul, modify or impair the provisions of any existing deed or plat restrictions, easements or other agreements.
1-3-3.
In interpreting and applying the provisions of this Ordinance, its provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and to accomplish the intent of this Ordinance. Except as specifically provided in this Ordinance, it is not intended by the adoption of this Ordinance to repeal, abrogate or annul any existing provision of any law previously adopted relating to the use of structures and land and the design, erection, alteration or maintenance of structures thereon. Titles and headings have been inserted for convenience of reference and are not intended to define or limit the scope of or otherwise affect any provision in this Ordinance.
1-3-4.
Where the requirements of Section 5A or related standards or definitions conflict with the remainder of this Chapter, the requirements of Section 5A control.
[Added 9-3-2019]
§ 1-4 Authority
This Ordinance is adopted under the grant of power as set forth in § 261 of NYS Town Law.
§ 1-5 Conflict with Other Laws
1-5-1.
Where this Ordinance differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the Town, state or federal government, this Ordinance shall apply.
1-5-2.
The Town of Amherst shall not be responsible for the enforcement authority of any federal or state law, rule, or regulation cited in this Ordinance.
§ 1-6 Jurisdiction
The provisions of this Ordinance shall apply to all land within the Town of Amherst outside of the Village of Williamsville. No structure shall be erected or structurally altered nor shall any land development activity take place, unless it conforms to the provisions of this Ordinance. Uses of properties shall be limited by the provisions of this Ordinance.
§ 1-7 Subsurface Rights
This Ordinance shall not abrogate or restrict any subsurface rights acquired by deed or lease, but all surface or above-surface structures in conjunction therewith shall be subject to the regulations established in this Ordinance.
§ 1-8 Relationship to Comprehensive Plan
It is the intention of the Town that this Ordinance, and any subsequent amendments hereto, implement the planning policies as established by the Town's Comprehensive Plan, as may be amended from time to time. The Town hereby reaffirms its commitment that this Ordinance and any amendment to it be in conformity with such policies.
§ 1-9 Effective Date
This Ordinance shall become effective on the 23rd day of May, 2006.
§ 1-10 Severability
The invalidity of any section or provision of this Ordinance shall not invalidate any other section or provision of this Ordinance.
§ 1-11 Establishment of Zoning Districts and Map
1-11-1.
Establishment of Districts. In order to carry out the purpose, intent and objectives of this Ordinance, the Town is hereby divided into the districts established in the table below. Such districts shall be designated on the Official Zoning Map by symbols and boundaries. When the terms "base district," "residential district," "business district," "industrial district," "special purpose district" or "overlay district" are used in this Ordinance, they shall be construed in accordance with the table below.
Base Zoning Districts | |
|---|---|
Residential Districts | |
R-R | Rural Residential District |
S-A | Suburban Agricultural District |
R-1 | Residential District One |
R-2 | Residential District Two |
R-3 | Residential District Three |
CR-3A | Cluster Residential District Three-A |
TR-3 | Traditional Residential District |
R-4 | Residential District Four |
MFR-4A | Multifamily Residential District Four-A |
MFR-5 | Multifamily Residential District Five |
MFR-6 | Multifamily Residential District Six |
MFR-7 | Multifamily Residential District Seven |
MHR-8 | Manufactured Home Residential District |
Business Districts | |
OB | Office Business District |
NB | Neighborhood Business District |
GB | General Business District |
CS | Commercial Service District |
MS | Motor Service District |
SC | Shopping Center District |
Industrial Districts | |
RD | Research and Development |
ST | Science Technology |
GI | General Industrial |
Special Purpose Districts | |
AG | Agricultural District |
NCD | New Community District |
PRD | Planned Residential District |
PDD | Planned Development District |
CF | Community Facilities District |
RC | Recreation Conservation District [Added 2-24-2014 by L.L. No. 5-2014] |
TND | Traditional Neighborhood Development District |
LW-1 | Live-Work District [Added 10-9-2017 by L.L. No. 21-2017] |
Overlay Zoning Districts | |
(-TNB) | Traditional Neighborhood Business Overlay District |
MIXED-USE ZONING DISTRICTS [Added 10-17-2022 by L.L. No. 19-2022] | |
TI-2.5 | Traditional Infill 2.5 |
TI-4 | Traditional Infill 4 |
SC-3 | Shallow Corridor 3 |
DC-3 | Deep Corridor 3 |
DC-5 | Deep Corridor 5 |
CTR-2.5 | Center 2.5 |
CTR-5 | Center 5 |
CTR-8 | Center 8 |
1-11-2.
Official Zoning Map.
A.
The districts listed above are designated by symbols, and the location and boundaries of these districts are shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Ordinance. If, in accordance with the provisions of this Ordinance, 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 the amendment has been adopted by the Town Board.
B.
A digital map created through the use of geographic information technology may be used in the administration and enforcement of this Ordinance, but shall not replace the original of the Official Zoning Map on file in the Town Clerk's office.
1-11-3.
Interpretation of District Boundaries. Where uncertainty exists as to boundaries of districts, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following existing lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following town boundaries shall be construed as following such boundaries.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as approximately following the edge of streams, rivers, canals, lakes or other bodies of water shall be construed to follow the center lines thereof.
F.
Boundaries indicated as parallel to or extensions of features indicated in paragraphs A through E above shall be construed pursuant to those provisions.
G.
Where physical or cultural features existing on the ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered above, the Zoning Enforcement Officer shall interpret the district boundaries.
[Amended 3-4-2019 by L.L. No. 6-2019]
H.
Where a district boundary line established upon the adoption of this Ordinance divides a lot which was in single ownership at that time, the Town Board may permit the extension of the regulations of either district into the other district in accordance with the Zoning Map amendment procedure in § 8-3.
1-11-4.
Application of District Regulations. The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to all structures and uses, except as otherwise provided in this Ordinance:
A.
No structure or land shall hereafter be used or occupied, and 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 specified in this Ordinance.
B.
No structure shall 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 permitted or required by this Ordinance.
C.
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 Ordinance shall be included as part of a yard, open space or off-street parking, loading or stacking space required for any other structure, unless otherwise permitted.
D.
No lot shall be divided so that the yards or other required open spaces shall be smaller than required by this Ordinance.
E.
No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth in this Ordinance. Yards or lots created after May 23, 2006 shall meet the minimum requirements established by this Ordinance.
F.
No required yard shall be separated in ownership from that portion of the lot on which a structure is located.
§ 1-12 Transitional Provisions
1-12-1.
Projects Under Construction Prior to Effective Date.
[Amended 5-20-2013 by L.L. No. 8-2013]
A.
Site plans approved within one year prior to the adoption of this Ordinance or the PUD provisions shall be allowed to proceed under the regulations of the prior Zoning Ordinance without additional approvals.
B.
Any buildings or development for which a permit was issued before May 23, 2006 or before [effective date of PUD], if the PUD provisions apply, may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of this Ordinance.
C.
Nothing in this Ordinance shall require a change to a phasing plan approved prior to the adoption of this Ordinance or the adoption of the PUD provisions, provided construction is consistent with the terms and conditions of the phasing plan and proceeds to completion within five years of the original approval date, unless extended by the Planning Board.
D.
If construction is not completed according to the applicable permit terms, the entity that approved the application may, for good cause shown, grant an extension of up to one year for such construction. If the building is not completed within the time allowed under the original permit or any extension granted, then the building shall be constructed, completed or occupied only in compliance with this Ordinance.
1-12-2.
Applications Submitted Prior to Effective Date.
A.
Any complete application submitted before May 23, 2006 may be completed in conformance with applicable permits and conditions of the regulations in effect at the time of submission of the application, even if such application does not fully comply with provisions of this Ordinance.
B.
An application submitted before May 23, 2006 not considered complete within six months after completion of SEQR review shall be considered null and void.
C.
If construction is not commenced or completed according to the applicable terms of the application, the entity that approved the application may, for good cause shown, grant an extension of up to one year for such construction. If the building is not completed within the time allowed under the original application or any extension granted, then the building shall be constructed, completed or occupied only in compliance with this Ordinance.