Zoneomics Logo
search icon

East Aurora City Zoning Code

PART 1

Introductory Provisions

§ 285-10.1 Ordaining clause.

Whereas all the procedures, notices and hearings required by law have been complied with, now therefore the Village Board of the Village of East Aurora ordains, enacts and publishes the following chapter establishing zoning regulations for the Village of East Aurora, New York, and providing for the enactment, administration and amendment thereof pursuant to the provisions of New York State Village Law, Article 7.

§ 285-10.2 Applicability.

The regulations of this chapter apply to all development, public or private, within the corporate limits of the Village of East Aurora unless otherwise expressly stated in this chapter.

§ 285-10.3 Purpose.

There is hereby established a comprehensive zoning plan for the Village of East Aurora, which is set forth in the text, map and table that constitute this chapter. Said plan is adopted for the purpose set forth in New York State Village Law, Article 7.

§ 285-10.4 Title.

This chapter shall be known and may be cited as the "Zoning Code of the Village of East Aurora, New York." For convenience, it is also referred to throughout this chapter as the "zoning law" or "zoning code."

§ 285-10.5 When effective.

This chapter shall be in effect immediately upon adoption and publication as provided by law.

§ 285-10.6 Validity.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other portion of this chapter. The Village Board hereby declares that it would have adopted every section, subsection, paragraph, sentence, clause and phrase of this chapter regardless of the fact that any other section, subsection, paragraph, sentence, clause or phrase is declared invalid.

§ 285-10.7 Transitional provisions.

A. 
Applications prior to effective date. Development applications that were submitted in complete form and are pending approval before the effective date will be reviewed wholly under the terms of the zoning law in effect immediately before the effective date, unless a formal written request is submitted in writing by the applicant requesting review under this chapter. The applicant's request for this chapter to be applied, once submitted, may not be changed.
B. 
Permits granted prior to effective date. Any building, development or structure for which a building permit was issued before the effective date may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this chapter. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this chapter.
C. 
Continuance of violations. Any violation of the previous zoning law will continue to be a violation under this chapter and be subject to penalties and enforcement under New York State Village Law. If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this chapter, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this chapter. The adoption of this chapter does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous law that occurred before the effective date of this chapter.
D. 
Continuing nonconformities. Any nonconformity under the previous zoning law will also be nonconformity under this chapter, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this chapter, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.

§ 285-11.1 Districts established.

The Village of East Aurora is hereby divided into the following zoning districts:
A. 
Residential Districts (see Article 20).
(1) 
Single-Family Residential (SFR) District.
(2) 
Low Density Residential (LDR) District.
(3) 
General Residential (GR) District.
(4) 
Limited Commercial Residential (LCR) District.
B. 
Commercial Districts (see Article 21).
(1) 
General Commercial (GC) District.
(2) 
Neighborhood Commercial (NC) District.
(3) 
Village Center (VC) District.
C. 
Manufacturing Districts (see Article 22).
(1) 
General Manufacturing (GM) District.
(2) 
Village Manufacturing (VM) District.
D. 
Overlay and Special Purpose Districts (see Article 23).
(1) 
Mid-Main Overlay (MMO) District.
(2) 
Open Space (OS) District.

§ 285-11.2 Zoning Map.

A. 
Said districts are bounded and defined as shown on the "Zoning Map of the Village of East Aurora," which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter. The Zoning Map will show the effective date of this chapter and of each subsequent amendment to said map and shall be duly certified by the Village Clerk.
B. 
District boundary lines are intended to follow property lines or the extensions thereof, centerlines of streets or highways or other lines that are located on the map by appropriate descriptions and dimensions.

§ 285-12.1 General application.

Except as hereinafter provided:
A. 
No building or land shall hereafter be used, occupied or altered and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located.
B. 
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
C. 
No lot, yard, setback, parking area or other space shall be so reduced in area, dimensions or capacity as to make the said area, dimension or capacity less than the minimum required under this chapter. If it is already less than the minimum required under this chapter, said area, dimension, or capacity shall not be further reduced.

§ 285-12.2 Areas not included within a district.

In any case where property has not been specifically included within a district, such property is hereby declared to be in the same district as the most restricted adjoining area. In the case of any area hereinafter annexed to the Village, such area shall be classified as a Single-Family Residential (SFR) District, unless otherwise specified at the time of annexation.

§ 285-12.3 Conflict with other regulations.

A. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, community values, safety or other general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other applicable law, ordinance, regulation or private agreement, the most restrictive, or that imposing the higher standards, shall govern.
B. 
All approvals given by Village bodies shall be in compliance with the Village Code. Should any approval be given that is in conflict with the Village Code, the underlying Village Code provisions shall apply.
C. 
The Village does not enforce or maintain a record of private agreements. This chapter is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this chapter impose a greater restriction than imposed by a private agreement, the provisions of this chapter will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this chapter, the provisions of the private agreement will control.