Newstead City Zoning Code
ARTICLE I
General Provisions
§ 450-1 Enactment.
[Amended 10-26-1998 by L.L. No. 1-1998]
Pursuant to authority conferred by the Town Law and the Municipal Home Rule Law of the State of New York, and for each and every purpose specified therein, the Town Board of the Town of Newstead, County of Erie and State of New York, has ordained and does hereby enact the following chapter regulating and restricting, by districts, the height, the number of stories and size of buildings and other structures, the portion of lots that may be occupied, the size of yards and other open spaces and the density of population and location and use of buildings, structures and land for trade, industry, residences or other purposes.
A.
Telecommunications facilities are not addressed under Chapter 450, Zoning, but are covered under a separate Telecommunications Facilities Law constituting Chapter 373 of the Code of the Town of Newstead. For all issues pertaining to telecommunications facilities, please refer to Chapter 373 of the Code of the Town of Newstead.
B.
Comprehensive signs regulations are covered under Chapter 327, Signs, of the Code of the Town of Newstead.
[Added 2-25-2008 by L.L. No. 2-2008]
C.
Windmills and associated facilities are not addressed under Chapter 450, Zoning, but are covered under a separate local law constituting Chapter 422, Windmills, of the Code of the Town of Newstead. For all issues pertaining to windmills, please refer to Chapter 422 of the Code of the Town of Newstead.
[Added 2-25-2008 by L.L. No. 2-2008]
§ 450-2 Title.
This chapter shall be known and may be cited as the "Zoning Law of the Town of Newstead, New York."
§ 450-3 Purpose.
The purpose of this Zoning Law is to promote and protect, to the fullest extent permissible, the environment of Newstead and its public health, safety, convenience, comfort, prosperity and general welfare by regulating the use of buildings, other structures and land: by regulating and restricting the bulk, height, design, lot coverage and location of structures; and by regulating and limiting population density and, for the aforesaid purposes, to divide the land within the limits of Newstead into districts of such number and dimensions in accordance with the objectives of the Comprehensive Plan and to provide procedures for the administration and amendment of said Zoning Law.
§ 450-4 Objectives.
The objectives of this chapter are:
A.
To protect the character and values of agricultural, residential, institutional, public, commercial and manufacturing uses and to ensure their orderly and beneficial development.
B.
To provide adequate open spaces for light, air and outdoor uses, including solar access.
C.
To prevent excessive concentration of population and overcrowding of the land.
D.
To prevent sprawling, uncoordinated development.
E.
To preserve and protect significant natural features and vegetation, thereby serving to prevent ecological damage and visual blight.
F.
To assure that structure and land use arrangements are harmonious with neighboring areas and structures.
G.
To regulate the location of buildings and intensity of uses in relation to streets so as to cause the least interference with, and be damaged least by, traffic movements.
H.
To guide the future development of Newstead so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the Comprehensive Plan.
§ 450-5 Word usage and definitions.
[Amended 2-12-1996 by L.L. No. 1-1996;[1] 2-12-1996 by L.L. No. 1-1996;[2] 4-24-1997 by L.L. No. 2-1997; 10-26-1998 by L.L. No. 1-1998; 4-26-1999 by L.L. No. 2-1999; 12-13-1999 by L.L. No. 4-1999; 6-13-2005 by L.L. No. 2-2005; 2-25-2008 by L.L. No. 2-2008; 11-24-2008 by L.L. No. 4-2008; 4-11-2011 by L.L. No. 1-2011; 12-29-2015 by L.L. No. 7-2015; 9-9-2024 by L.L. No. 4-2024]
A.
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular. The word "lot" includes the word "plot," the word "building" includes the word "structure," the word "shall" is intended to be mandatory and "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."
B. ACCESSORY USE OR STRUCTURE AGRIBUSINESS AGRITOURISM BUSINESS AIRPORT or AIRCRAFT LANDING FIELD ALTERATION APARTMENT BUILDING AREA, FLOOR BASEMENT BED-AND-BREAKFAST BUFFER BUILDING BUILDING, DETACHED BUILDING HEIGHT BUILDING, PRINCIPAL BUILDING (SETBACK) LINE CELLAR CEMETERY or CEMETERIES CLUB, PRIVATE CREMATORIUM(s) CREMATORY DWELLING DWELLING, MULTIPLE DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT FAMILY FARM FENCE FILL FLOODPLAIN FUNERAL HOMES FUNERAL PARLORS GARAGE, PRIVATE GARAGE, REPAIR GASOLINE STATION GRADE, FINISHED HOME OCCUPATION HOSPITAL, ANIMAL HOTEL JUNKYARD KENNEL LOT LOT, CORNER LOT DEPTH LOT, INTERIOR LOT LINE LOT, THROUGH LOT WIDTH MANUFACTURED HOME MANUFACTURED HOME PARK MANUFACTURED HOME SITE MODULAR HOME MORTUARY or MORTUARIES MOTEL NONCONFORMING USE, BUILDING OR STRUCTURE NURSERY NURSERY SCHOOL NURSING HOME QUARRY, SAND PIT or GRAVEL PIT RECREATIONAL VEHICLE RECREATIONAL VEHICLE AND CAMPGROUND PARK RIDING ACADEMY RIGHT-OF-WAY ROADSIDE STAND ROOMING HOUSE SELF-STORAGE UNIT SIGN SOLAR ENERGY SYSTEM SOLAR SKYSPACE STABLE STORY STREET STREET LINE STRUCTURE THEATER, INDOOR THEATER, OUTDOOR DRIVE-IN TOURIST HOME TOWER USE USE, ACCESSORY USES, ADULT YARD YARD, FRONT YARD, REAR YARD, SIDE
As used in this chapter, the following terms shall have the meanings indicated:
A use or structure customarily incidental and subordinate to the principal use or building and, except as otherwise provided, located on the same lot therewith.
Business that provides products and services directly to consumers and where a majority of the goods sold are grown or produced on-premises.
Agribusiness that conducts activities by and for the enjoyment or education of the public, which primarily promotes the sale, marketing, production, harvesting or use of the products of the farm to enhance the public's understanding and awareness of farming and farm life.
Any landing area, runway or other facility designed, used or intended to be used, either publicly or privately, by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, tiedown areas, hangars and other necessary and customarily accessory buildings and open spaces.
Any change, rearrangement, addition or relocation of a building or structure, and any modification in construction or equipment.
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
The horizontal area of a building as outlined by its exterior main walls, not including uninhabitable basements or cellars, built-in or attached garages, porches or terraces.
A story partly below grade but having at least 1/2 of its height (measured from floor to ceiling) above the average adjoining grade. (See definition of "cellar.")
A dwelling in which overnight accommodations are provided or offered to transient guests for compensation.
A strip of land required to separate different land uses from each other in order to eliminate or minimize potential nuisances, such as dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor or danger from fires or explosions.
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. See the illustration at the end of this chapter.
A building in which the main or principal use of the lot is conducted.
A line parallel to the street line, between which line and the street line no building may be built.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories. (See definition of "basement.")
Land used or intended to be used for the burial or entombment of human remains. Funeral homes, funeral parlors, crematoriums, and embalming facilities are not included within this definition nor are funeral homes, crematoriums, or embalming facilities accessory uses to a cemetery or cemeteries.
A nonprofit social organization whose premises are restricted to its members and their guests.
A facility in which the remains of deceased human beings are processed by cremation. Crematoriums are not a permitted principal use or permitted accessory use in any zoning district.
See "crematorium."
A building designed or used exclusively as the living quarters for one or more families.
A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.
A detached building designed for or occupied exclusively by one family.
A building designed for or occupied exclusively by two families living independently of each other.
A dwelling or portion thereof providing complete living facilities for one family.
One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage, shall be deemed to constitute a family unit.
A parcel or parcels of land aggregating 10 acres or more in size, on which an owner or tenant carries on agricultural or dairying pursuits or the raising of livestock or poultry or the keeping of bees.
A barrier intended to prevent escape from or intrusion into any portion of any property or to mark the boundary of any property.
Material consisting of concrete, steel, wood, sand, dirt, soil, glass, construction and demolition debris, and other inert material designated by the New York State Department of Environment and Conservation as "Clean fill."
That portion of land lying within an area subject to periodic flooding, as defined by the one-hundred-year flood elevation.
A facility used or held out as being used to care for and prepare for burial of the body of a deceased human being or maintained as the office from which business is transacted by a funeral director or undertaker. Crematoriums are not a permitted principal use or a permitted accessory use to funeral homes.
See "funeral homes"
An enclosed structure accessory to a principal building for the purpose of storing motor vehicles and/or items incidental to the main building.
Any garage, other than a private garage or gasoline service station, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
A place where gasoline, oil, grease, batteries, tires, motor vehicle accessories, etc., may be supplied and dispensed at retail, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting.
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs related thereto.
An accessory use of a dwelling unit for gainful employment in accordance with the provisions of Article X of this chapter.
An establishment for the medical and/or surgical care of animals.
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests, and where only a general kitchen and dining room are provided within the building or in an accessory building.
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and/or for the sale of parts thereof.
Any place operating as a business in a commercial capacity in which more than four dogs but no more than 25 dogs, six months or older, are kept, bred and/or boarded. No more than 25 dogs over the age of six months shall be permitted to permanently reside on any premises within the Town of Newstead, provided, however, this restriction of 25 dogs six months of age or older contained herein and in the Animals chapter of the Code of the Town of Newstead[3] shall not apply to kennels operated in conjunction with a veterinary practice by a licensed veterinarian.
A parcel of land occupied or capable of being occupied by a building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
A lot at the junction of and fronting on two or more intersecting streets.
The mean horizontal distance between the front and rear lot lines.
A lot other than a corner lot.
Any line dividing one lot from another.
An interior lot having frontage on two parallel or approximately parallel streets.
The distance between the side lot lines measured along the required front setback line.
A structure, transportable in one or more sections, that, in the traveling mode, is eight body feet (2.4 meters) or more in width and 40 body feet (12 meters) or more in length or, when erected on site, is 320 or more square feet (28.8 square meters), that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and that includes the plumbing, heating, air-conditioning and electrical systems contained therein. A manufactured home is distinguished from a modular home.
A parcel of land under single ownership which has been planned and approved for the placement of manufactured homes, accessory buildings or structures and equipment.
A parcel of land for the accommodation of one manufactured home, its accessory buildings or structures and accessory equipment for the exclusive use of the occupants.
[4]A structure, transportable in two or more sections, that, in the traveling mode, are 12 to 14 feet in width and up to 60 feet in length, when erected on site, is 1,000 or more square feet, that is not built on a permanent chassis, but is transported to the site on a temporary removable chassis and designed to be used as a dwelling only with a permanent foundation, when connected to required utilities, and that includes plumbing, heating, air-conditioning and electrical systems contained therein. A modular home must be erected on a permanent foundation consisting of a full basement or partial basement with crawl space, unless basements are not permitted in the area due to the water table.
A place where bodies are prepared for burial or a burial place itself. A crematorium is not a permitted principal use or permitted accessory use to a mortuary.
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as "motor lodges," "auto courts" and similar appellations.
A building, structure or use of land lawfully existing at the time of enactment of this chapter or any amendment thereto, which does not conform to the regulations of the district or zone in which it is situated.
The land and buildings used for the raising and sale of plants, trees and shrubs.
A school designed to provide daytime care or instruction for two or more preschool-aged children and operated on a regular basis.
An establishment which provides full-time convalescent or chronic care for three or more individuals not related to the operator. Care for the acutely ill or surgical or obstetrical services shall not be construed to be included in this definition.
A lot or land or part thereof used for the purpose of extracting stone, sand or gravel as an industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building.
A vehicular-type unit primarily designed as temporary living quarters for recreational camping, travel or seasonal use that either has its own motor power or is mounted on, or towed by, another vehicle. The basic entities are camping trailer, fifth wheel trailer, motor homes, park trailer, travel trailer and truck camper.
A parcel of land under single ownership which has been planned and approved for the temporary placement of recreational vehicles and/or for camping in tents.
Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
Land set aside for use as a street; alley or other means of travel.
A temporary structure or vehicle for the selling of farm products on a seasonal basis.
A dwelling in which three or more persons, either individually or as families, are housed for hire, with or without meals. A lodging house or boardinghouse shall be deemed a rooming house.
A building or buildings internally or externally divided into individual storage units designed for public access and long-term storage. Individual units may range from zero square feet to a maximum of 250 square feet. This definition does not include large warehouse-type buildings which are separated by areas. The individual unit separation must consist of physical barriers which cannot be moved without the use of tools or equipment. Each individual unit must be separately securable. Self-storage units shall not allow for outside storage with all storage to be contained within the individual self-storage units.
See Chapter 327, Signs.
An arrangement or combination of components and structures designed to provide heating, cooling, hot water or electricity through the process of collecting, converting, storing, protecting against unnecessary dissipation and distributing solar energy.
The space between a solar collector and the sun which must be free of obstructions for a solar energy system's effective operation.
A building or part of building used to house horses or cattle.
That portion of a building included between the surface of any floor and the ceiling above it.
A public or private way which affords the principal means of access to abutting properties, as approved by the Town Board.
A common property line separating a public street from abutting properties.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid-admission basis.
An open lot or part thereof with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid-admission basis to patrons seated in automobiles or on outdoor seats.
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
A tall structure situated on a residential or nonresidential lot that is used for various purposes. In context of this zoning code, it shall not include telecommunications towers, such as for cellular telephone service, personal communications services, digital and/or communication services, paging services, radio and television broadcast services and similar broadcast services. (See "Telecommunications Facilities," Chapter 373.)
The specific purpose for which land or a building is designed, arranged or intended or for which it may be occupied or maintained.
See "accessory use or structure."
See Article IX.
An open space on the same lot with a building or structure.
An open space on the same lot with a main building, extending the full width of the lot between the street line and the building line.
An open space on the same lot with a main building, extending the full width of the lot between the rear lot line and the rear line of the building.
An open space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard.
[1]
Editor's Note: This local law also provided that, with respect to manufactured homes, all terms used, but not defined herein, shall be deemed to have the definitions ascribed to them by the National Fire Protection Association, Inc., as the same may be amended from time to time.
[2]
Editor's Note: This local law also provided that, with respect to recreational vehicles, all terms used, but not defined herein, shall be deemed to have the definitions ascribed to them by the National Fire Protection Association, Inc., as the same may be amended from time to time.
§ 450-6 Minimum requirements; prevalence of more restrictive standards.
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 conflicts with any other provision hereof or any other statute, ordinance or regulation covering any of the same subject matter, the more restrictive provision, or the one imposing the higher standard, shall govern.
§ 450-7 Interpretation of regulations.
Except as hereinafter provided:
A.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B.
No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as to make said area, dimension or capacity less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area, dimension or capacity shall not be further reduced.
C.
No part of a yard or other open space about any building required 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.
§ 450-8 Lot restrictions.
A.
Separate lots. Every building used as a dwelling shall be located on a lot and, except for permitted accessory dwelling or multiple-dwelling groups, there shall not be more than one such building on a lot. Notwithstanding the foregoing sentence, two single-family dwellings shall be permitted on a lot if the lot meets an area requirement equal to the area requirement for an individual lot in that zoning district multiplied by the number of dwelling units to be located on such lot. (For example, if the dwelling is to be constructed in the R-A District requiring a minimum area of 45,000 square feet, if the lot was 90,000 square feet, two dwellings would be permitted. In all other districts the minimum lot size must be 40,000 square feet per principal building except in the R-1 District if served by a public sewer system.) This shall also be subject to health department approval of the well and the septic system, if applicable.
[Amended 6-14-2004 by L.L. No. 2-2004]
B.
Lot frontage. No dwelling shall be allowed on any lot which does not have immediate frontage on a street as defined in this chapter.
C.
Common ownership. Maintenance and preservation of private drives and parking areas, recreation areas and amenities shall be guaranteed by deed restrictions which run with the land.
D.
Width. Lot width for all zoning districts shall be measured along the road frontage, except in the case of culs-de-sac. Such frontage shall be continuous and contiguous with no interruption of the frontage. In the case of culs-de-sac, the minimum width shall be determined based upon the proposed location of the residence or other structure and subject to review and approval of the Code Enforcement Officer to ensure sufficient width at that location.
[Added 4-24-2017 by L.L. No. 2-2017; amended 5-14-2018 by L.L. No. 2-2018]
§ 450-9 Structural measurements.
A.
Buildings.
(1)
The height of a building shall be determined by the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. See the illustration at the end of this chapter.
(2)
Horizontal distance separations shall be measured from the furthest projection of the building.
B.
Other structures. The height of other structures shall be determined by the distance between the highest point of the structure and the average finished grade.
§ 450-10 Construal of provisions.
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 Newstead, 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 power transmission lines, telephone or telegraph lines, oil pipelines or sewers; or with any highway or railroad right-of-way existing or hereafter authorized by the State of New York, County of Erie or Town of Newstead. 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 prohibited by this chapter in appropriate districts.