West Seneca City Zoning Code
ARTICLE II
Use Regulations
§ 120-13 Permitted uses in R-90, R-75 and R-65 Districts.
B.
Accessory uses.
(1)
Private garage or off-street parking area.
(2)
Private family swimming pool, subject to the issuance of a building permit, provided that it is located in the rear of the front setback line and does not occupy any part of a required side yard.
(3)
Building for private horticultural purposes, provided that no solid fuel is used and that such building shall be located at least 20 feet from any lot line and shall not exceed 15 feet in height.
(4)
Private stable on lots of two acres or more, provided that no manure or other odor- or dust-producing substance shall be stored within 100 feet of any lot line.
(5)
Between May 15 and September 15, the storage of only one trailer, camper or boat, owned by the occupant of the premises for his/her personal use, will be allowed to be stored on the property. It shall not be in front of the principal building nor in required side yards. Otherwise, it shall be stored in a completely enclosed building.
[Amended 11-28-2011 by L.L. No. 3-2011]
(6)
The storage of gasoline or similar flammable liquids in quantities not to exceed 10 gallons. Such limitation shall not apply to fuel oil used for heating purposes on the premises.
(8)
Other customary accessory uses, but not including any use conducted for gain, or an access drive or walk to a business or industrial premises.
(9)
Emergency generators and air-conditioner condensation units shall not be allowed in any required setbacks.
[Added 11-28-2011 by L.L. No. 3-2011]
§ 120-14 Permitted uses in R-90A, R-75A and R-65A Districts.
B.
Accessory uses.
(2)
Studio or office of a resident medical or osteopathic physician, dentist, chiropodist, podiatrist, physiotherapist, chiropractor, lawyer, engineer, architect, landscape architect, accountant, insurance agent or real estate agent, provided that:
(a)
Such use shall be located within the dwelling and shall be clearly incidental to the primary residential use.
(b)
Not more than one additional person shall be employed on said premises as an assistant to the professional occupant.
(c)
Such use shall not include the confinement of any person under care or treatment.
(4)
The keeping of not more than two nontransient roomers or lodgers.
(6)
Parking of not more than one commercial vehicle, provided that the vehicle is used by the occupant of the premises, does not exceed three-fourths (3/4) ton rated capacity and is stored within a completely enclosed building.
(7)
Other customary accessory uses incidental to a permitted principal use.
§ 120-15 (Reserved) [1]
[1]
Editor's Note: Former § 120-15, Permitted uses in R-75B District, as amended, was repealed 8-17-1987.
§ 120-16 Permitted uses in R-50 Districts.
[Amended 6-5-1972]
A.
Principal uses.
(2)
[1]Group dwellings and multiple-family dwellings by special permit authorized by the Town Board.
[1]
Editor's Note: Former Subsection A(2), which permitted two-family dwellings with consent of the Town Board, was repealed 8-17-1987. This ordinance also renumbered former Subsection A(3) as Subsection A(2).
§ 120-17 Permitted uses in R-100A Districts.
[Amended 8-4-1969; 8-17-1987; 12-2-2024 by L.L. No. 18-2024]
A.
Principal uses.
(2)
Agricultural operations conducted for gain, including but not limited to plant nurseries, greenhouses or truck farms, provided that:
(3)
Veterinarian, small animal hospital or kennel by special permit authorized by the Town Board pursuant to § 120-23 of this chapter, provided that buildings, pens or runways used for the confinement, treatment or exercise of animals shall be located at least 50 feet from any abutting lot line in any R District.
(4)
Radio towers and transmitting stations by special permit authorized by the Town Board. See Article IIIB, Tower Regulations.
(5)
Commercial picnic grove, provided that no amusement devices shall be permitted other than customary playground apparatus.
(6)
Raising of poultry for personal use on property and not for sale or barter to any third party.
(a)
The lot area is two acres or more.
(b)
No more than six chickens and/or poultry shall be present at any one time and no roosters shall be permitted at any time.
(c)
All applications for maintaining chickens and/or poultry shall be submitted to the Code Enforcement Office for review and approval.
[1]
All pens and coops or other areas where the chickens and/or poultry are stored shalt be fully fenced and maintained at all times.
[2]
No areas where the chickens and/or poultry are kept shall be within 20 feet of any neighboring residential property.
[3]
All areas where the chickens and/or poultry are kept shall be clean and in good condition to avoid any odors.
[4]
Steps shall be taken to lessen any noise emanating from the area where the chickens and/or poultry are kept.
[5]
At no time shall any chickens and/or poultry be allowed to roam freely about the owner's property and all chickens and/or poultry must be kept inside the pen area at all times.
[6]
The Code Enforcement Officer reserves the right to inspect such property at any time as a condition of granting such permit.
[7]
All applications shall be on forms as approved by the Code Enforcement Office and the payment of all fees shall be as determined by the Town Board.
(d)
The raising, keeping, or maintaining of chickens and/or poultry in any other residential zone is specifically prohibited.
[1]
The granting of any variances for the raising of poultry prior to the enactment of these provisions shall be permitted to continue subject to the registration of such properties with the Code Enforcement Office and the compliance by the owners of the above regulations except with respect to Subsection A(6)(a), provided that there is no break of time of any length with such use.
(7)
Raising of other farm or other animals for personal use.
(a)
The lot area is two acres or more.
(b)
No more than two animals shall be present at any one time.
(c)
All applications for maintaining farm or other animals shall be submitted to the Code Enforcement Office for review and approval.
[1]
All pens and buildings or other areas where the animals are stored shall be fully fenced and maintained at all times.
[2]
No areas where the animals are kept shall be within 20 feet of any neighboring residential property.
[3]
All areas where the animals are kept shall be clean and in good condition to avoid any odors.
[4]
Steps shall be taken to lessen any noise emanating from the area where the animals are kept.
[5]
At no time shall any animals be allowed to roam freely about the owner's property and all animals must be kept inside the pen area at all times.
[6]
The Code Enforcement Officer reserves the right to inspect such property at any time as a condition of granting such permit.
[7]
All applications shall be on forms as approved by the Code Enforcement Office and the payment of all fees shall be as determined by the Town Board.
(d)
The raising, keeping, or maintaining of animals in any other residential zone is specifically prohibited.
[1]
The granting of any variances for the raising of animals prior to the enactment of these provisions shalt be permitted to continue subject to the registration of such properties with the Code Enforcement Office and the compliance by the owners of the above regulations except with respect to Subsection A(7)(a), provided that there is no break of time of any length with such use.
(8)
Any prior approvals or variances that may have been acquired prior to the enactment of this subsection shall require compliance with these regulations upon expiration of any prior approval with the exception of the property size and setbacks.
B.
Accessory uses.
(2)
Seasonal display for sale of locally grown produce. No new building shall be constructed for such display or sale.
(4)
The parking of equipment and commercial vehicles used in connection with a permitted use, but not in any required front yard.
(5)
[2]Refreshment stand dispensing food and beverages incidental to the operation of a commercial picnic grove.
[2]
Editor's Note: Former Subsection B(5), which dealt with storage of gasoline for agricultural purposes, was repealed 8-17-1987. This ordinance also renumbered former Subsection B(6) and (7) as Subsection B(5) and (6), respectively.
(6)
Other customary accessory uses incidental to a permitted principal use.
§ 120-18 Permitted uses in R-60A Districts.
A.
Principal uses.
(2)
Telephone exchange.
(3)
Real estate or insurance offices.
(4)
Mortuary.
(5)
Art, dance, music or photographer studios.
(6)
Optician or optometrist.
(7)
Fire stations with club facilities.
(8)
Meeting rooms for private club, lodge or fraternal organization.
(9)
The following uses, provided that when used primarily for contagious diseases, mental patients, drug or liquor addicts or for penal or correctional purposes, a special permit authorized by the Town Board shall be required:
(10)
College, library or historical building.
(11)
Hotel or motel without restaurant facilities.
(12)
Other administrative, professional or executive offices, but not including the handling, repairing, processing, keeping, displaying, selling, manufacturing, servicing or storing of any goods or merchandise upon the premises.
B.
Accessory uses.
(2)
Restaurant, newsstand, pharmacy or other incidental services in connection with a hospital, medical building or nonprofit institution, but only when conducted and entered from within the building, provided that no exterior display or advertising shall be permitted.
(3)
Restaurant in connection with any club facilities, lodge or fraternal organization.
(4)
Club swimming pool.
(6)
Other customary accessory uses incidental to a permitted use.
(7)
Storage of propane gases for use by the occupant of the premises as a secondary fuel. Said gases must be stored above ground in containers which comply with the requirements of the State Building Code or any applicable Fire Prevention Code.
[Added 5-12-1975]
§ 120-19 Permitted uses in C-1 District.
A.
Principal uses.
[Amended 10-19-1970]
(2)
The following uses when conducted entirely within an enclosed building, but not including any use first permitted in the C-2, M-1 or M-2 Districts:
(a)
Retail sales, except that the seasonal displays of outdoor furniture, nursery stock or gardening supplies shall be permitted, provided that such displays are not located in any required yard or off-street parking space.
[Amended 6-11-1973; 8-17-1987]
(b)
Personal service establishments, for example, barbershop, beauty shop or shoe repair.
(c)
Laundromat; laundry or dry-cleaning pickup stations.
(d)
Dry-cleaning and pressing establishment limited to 2,000 square feet of floor area per establishment, provided that only solvents with a flash point of not less than 138.2º F. shall be used and the total aggregate dry load of machines shall not exceed 60 pounds.
(e)
Business or professional offices not otherwise permitted in the R-60A District.
(f)
Radio, television or small household appliance service or repair.
(g)
Amusement enterprises.
(h)
Shopping center.
[Added 5-9-1994]
(3)
Drive-in banks.
[Amended 8-17-1987]
(4)
Hotel or motel with or without restaurant facilities.
(5)
Day-care center and/or day nursery.
[Added 2-2-1976]
B.
Accessory uses.
(1)
Shops for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:
(3)
Other customary accessory uses incidental to a permitted principal use, including applicable accessory uses permitted and as regulated in the R-60A District (§ 120-18B).
(4)
Coin-operated vending machines when located not within a building, by special permit authorized by the Town Board, provided that such machines are not located in any required yard or off-street parking space.
[Added 7-12-1971]
(5)
Outdoor sales of fruits, vegetables and/or other products, provided that:
[Added 6-17-1974]
§ 120-20 Permitted uses in C-2 Districts.
A.
Principal uses.
[Amended 10-19-1970]
(1)
As permitted in the C-1 (§120-19A) District without the requirement of conduct in an enclosed building, except as hereinafter provided.
(2)
Commercial greenhouse or plant nursery.
(4)
Machine, tool or farm or garden equipment sales, rental or service, provided that servicing is conducted within a completely enclosed building and there is no use of the lot, except for landscaping or screening, within 20 feet of any R District boundary.
(5)
Monument sales with incidental processing to order, but not including the shaping of headstones; provided, however, that all processing shall be conducted within a completely enclosed building.
(6)
Bus terminal facilities.
(7)
The following uses, provided that they are conducted within a completely enclosed building or within an area shielded from public view:
[Amended 8-17-1987]
(a)
Building material supply, including incidental millwork.
(b)
Warehouse, but not including the storage of explosive or highly flammable material.
(c)
Custom shops, including but not limited to printing, electricity, heating, plumbing or woodworking.
(d)
Laundry or dry-cleaning plant.
(e)
Cider mill, creamery or milk-bottling plant.
(f)
Contractors' equipment or materials storage.
(g)
Grain or feed sales or storage.
(h)
Public utility service or storage facilities.
(i)
Small animal hospital, veterinarian or kennel, provided that buildings, pens or runways used for the treatment, keeping or exercise of animals shall be at least 50 feet from any R District boundary.
(j)
Restaurants serving alcoholic beverages incidental to food service, if located within a shopping center, and restaurants not serving alcoholic beverages, including drive-in facilities, but in either case not on a lot where a side lot abuts any R District boundary.
[Amended 5-9-1994]
(8)
The following uses by special permit authorized by the Town Board:
[Amended 6-11-1973]
(a)
Drive-in theater.
(b)
Golf driving range.
(c)
New or used motor vehicle sales, service or rental, public garage or gasoline service station, subject to § 120-26 and provided that:
[1]
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any gasoline service station or public garage within 20 feet of any street line.
[2]
Where gasoline is normally sold at retail, two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles.
[3]
Storage of gasoline or diesel fuel shall be in underground tanks of a type approved by the National Board of Fire Underwriters.
[4]
All servicing or repairing of vehicles shall be conducted within a completely enclosed building, except fueling, adding motor lubricants, water or antifreeze or making minor emergency repairs.
[5]
There shall be no use of the lot, except for landscaping or screening, within 20 feet of any R District boundary.
(d)
Eating or drinking establishments, provided that any entertainment shall be limited to television, radio or recorded music, and further provided that no sales of alcoholic beverages for consumption on the premises shall be permitted on any lot where a side lot line abuts any R District boundary.[1]
[1]
Editor's Note: Former Subsection A(8)(e) and (f), which dealt with drive-in eating and drinking establishments and supermarket facilities, respectively, and which immediately followed this subsection, was repealed 8-17-1987.
(e)
Commercial car washes, subject to § 120-26, and provided that:
[Added 6-19-2023 by L.L. No. 4-2023]
[1]
These facilities shall not be located within 500 feet of any structure used in whole or in part for residential purposes;
[2]
No such structure shall be located within 1,000 feet of another such facility or former facility;
[3]
Architectural features of any car wash building and other buildings on the property shall be in harmony with the surrounding uses;
[4]
Visibility from the road shall be minimized through proper siting, setbacks, existing topographic features, berming, and landscaping features;
[5]
No such facility shall be located at any intersection and there shall be no ingress and egress onto multiple roadways;
[6]
No entrance or exit shall be within 100 feet of any intersection and multiple entrances or exits shall be at least 30 feet apart;
[7]
Traffic studies shall be prepared prior to the grant of any special use permit;
[8]
No lighting or noise amplification shall be permitted to encroach on any neighboring property;
[9]
Operations shall ensure that all water Is recycled to the extent reasonably feasible and in conformance with any governmental regulations and recommendations; and
[10]
No operations shall be permitted between the hours of 10:00 p.m. and 6:00 a.m.
(9)
Mobile home parks in accordance with a special development plan authorized by the Town Board.
[Added 8-23-1982]
B.
Accessory uses.
(1)
Customary accessory uses incidental to a permitted principal use, including applicable accessory uses permitted and as regulated in the C-1 District (§ 120-19B).
(2)
Coin-operated vending machines when located not within a building, by special permit authorized by the Town Board, provided that such machines are not located in any required yard or off-street parking space.
[Added 7-12-1971]
(3)
Outdoor sales of fruits, vegetables and/or other products, provided that:
[Added 6-17-1974]
§ 120-21 Permitted uses in M-1 Districts.
A.
Principal uses.
(1)
The following uses when conducted entirely within a completely enclosed building:
(b)
Laboratory engaged in research, testing or experimental work, provided that all necessary safeguards are employed to prevent hazard or annoyance to the community.
(c)
The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials, but not including any use first permitted in the M-2 District (§ 120-22A).
(2)
Continuation of dwellings existing on the effective date of this chapter, provided that such dwellings shall not be converted in any manner that would increase the number of dwelling units.
(3)
Airfield by special permit authorized by the Town Board.
(5)
Major power transformer or switching facilities.
(6)
Petroleum storage tanks, provided that they are located not less than 100 feet from any R District boundary.
C.
Limitations on permitted uses in the M-1 District.
§ 120-22 Permitted uses in M-2 Districts.
A.
Principal uses.
[Amended 6-6-1966]
(1)
As permitted in the M-1 District (§ 120-21A) without the limitations therein, provided that no permanent dwelling shall be constructed therein.
(2)
Railroad classification yard or repair facilities.
(3)
Public utility storage yards.
(4)
Storage yards, including junkyards, as regulated under the Town of West Seneca Junkyard Ordinance.
[Amended 8-17-1987]
(5)
Truck terminal, provided that all loading or unloading and parking of trucks or trailers is provided for on the lot.
§ 120-23 Uses requiring special permit by Town Board.
All uses listed as subject to special permit authorized by the Town Board are declared to possess characteristics of such unique and special form that each such use shall be considered as an individual case. Such uses shall be deemed to be permitted uses in their respective districts, subject to the requirements of this section in addition to other requirements of this chapter. Application for special permits shall be obtained from the Town Clerk.
A.
Standards applicable to special uses.
(1)
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site in respect to streets giving access thereto shall be such that such use will be in harmony with the orderly development of the district in which it is located.
(2)
Screening or other protective measures shall be adequate to protect any adjacent properties in any R District from objectionable aspects of any such special use.
(3)
Off-street parking areas shall be of adequate size for the particular use, and access drives shall be laid out so as to achieve maximum safety.
(4)
The Town Board may prescribe any conditions that it deems to be necessary or desirable and shall require a site plan of the proposed development showing pertinent information to aid it in making a determination on the application.
[Amended 8-17-1987]
B.
Public hearing.
(1)
Before authorizing a special permit, the Town Board shall give public notice and hold a public hearing on the application for such special permit in the same manner as required by law for amendments to a zoning ordinance. In case of a protest against such special permit by the owners of 20% or more of the area of the land immediately adjacent to the land involved and extending 100 feet therefrom or of the land directly opposite thereto and land extending 100 feet from the street frontage of such opposite land, such special permit shall not be authorized except by the favorable vote of at least four members of the Town Board.
(2)
Prior to such public hearing, the application shall be referred to the Town Planning Board for report and recommendation. In the event that the Planning Board shall fail to submit a report within 45 days after said referral, the Town Board shall hold such public hearing at the earliest possible date.
C.
Limitations. A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall apply only to the area specified in the permit. A special permit shall expire if the special use or uses shall cease for more than one year for any reason.
D.
Exceptions. The requirement for a special permit shall not apply to any use lawfully existing on the effective date of this chapter or, in the case of a special permit for a cemetery, to land owned by a cemetery corporation or religious organization and which, on the effective date of this chapter, was dedicated for cemetery purposes.
§ 120-24 Temporary structures or uses.
[Amended 11-28-2011 by L.L. No. 3-2011; 10-2-2024 by L.L. No. 9-2024]
The following temporary structures shall be deemed to be permitted uses in all zoning districts:
A.
Temporary portable storage containers shall require a building permit and shall be for a period of time not in excess of 30 calendar days, after which an extension may be granted by the Code Enforcement Office upon a showing of good cause of the need for an extension. The placement is not permitted in any required setback.
B.
The temporary use of a dwelling as a model home shall be permitted for a period of time not to exceed one year.
D.
Temporary snow fencing, with the exception of construction-related activities operating pursuant to appropriate Town permits, is permitted between November 1 and March 1 after which all temporary fencing and supports must be removed. All such temporary fencing shall be pursuant to a permit issued by the Code Enforcement Office.
§ 120-25 Lot and street frontage requirements.
A.
Every building used as a dwelling shall be located on a lot, and, except for permitted accessory dwellings or dwelling groups, there shall be not more than one such building on a lot.
B.
No dwelling shall be erected on any lot which does not have immediate frontage on a street as defined in this chapter.
§ 120-26 Limitations on automotive use areas.
Any portion of a lot used for open off-street parking or reservoir space or for open sales, service or storage areas for motor vehicles, contractors' equipment or boats shall be deemed to be an automotive use area. New automotive use areas or enlargements of existing automotive use areas shall be subject to the following requirements:
A.
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be so graded and drained as to dispose of surface water accumulation.
B.
Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and away from adjoining premises in any R District.
C.
Screening. Every automotive use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any R District, including lots situated across the street, as follows:
(1)
Along a street line, by a planting strip five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street level. Such screening may be interrupted by normal entrances and exits.
(2)
Along a rear lot line or an interior side lot line which abuts on existing or future rear yard or side yard on such adjoining lots, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid fence or an unpierced masonry wall five feet in height.
(3)
Such screening shall be maintained in good condition at all times.
D.
Access.
(1)
No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines, and except for off-street parking areas for uses permitted in any R District requiring less than 10 parking spaces, no entrance or exit shall be permitted within 10 feet of a lot in any R District.
(2)
Access to automotive areas, except for off-street parking areas in R Districts for less than 10 vehicles, shall be approved by the Town Engineer and shall be so arranged that vehicles shall not back into a street.
E.
Restriction on use. No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or of motor vehicles which do not qualify for New York State motor vehicle registration.
§ 120-27 Required screening.
A.
Where a loading or unloading platform or any service entrance in any C or M District faces any lot line which coincides with any R District boundary, such platform or service entrance shall be affectively screened from such R District in a manner approved by the Town Board.
B.
In any C or M District where a side or rear lot line abuts a lot in any R District, such lot line shall be fenced or screened in a manner approved by the Town Board.
§ 120-28 Excavating and removal of topsoil.
The removal of topsoil or the excavation of clay, gravel, rock, sand, shale or other earth or mineral deposits shall be permitted in any district, subject to separate regulating ordinances of the Town of West Seneca;[1] provided, however, that where any such material is to be sold or removed from the premises, such use shall be permitted only by special permit authorized by the Town Board.