Wheatfield Town City Zoning Code
ARTICLE I
General Provisions
§ 200-1 Authority.
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 Wheatfield, County of Niagara and State of New York, hereby ordains, enacts and publishes a local law regulating the location, construction and use of buildings, structures and the use of land in the Town of Wheatfield.
§ 200-2 Purpose.
The purpose of this chapter is to promote and protect to the fullest extent permissible the environment of the Town of Wheatfield and its public health, safety, convenience, comfort, prosperity and the 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; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the limits of Wheatfield 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 chapter.
§ 200-3 Objectives.
This chapter is intended to achieve, among others, the following objectives:
A.
To protect the character and values of agricultural, residential, institutional, public, commercial and industrial 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 nearby 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 the Town of Wheatfield so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the Comprehensive Plan.
§ 200-4 Conflict with other provisions.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements. Whenever any provision of this chapter is at variance or conflict with any other provisions 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.
§ 200-5 Listing of districts.
[Amended 9-15-2008 by L.L. No. 8-2008; 3-11-2013 by L.L. No. 3-2013; 3-25-2013 by L.L. No. 4-2013; 9-12-2016 by L.L. No. 3-2016]
The Town of Wheatfield is hereby divided into the following zoning districts:
A-R | Agricultural-Residential District |
R-R | Rural-Residential District |
RNB | Rural Neighborhood Business District |
R-1 | Residential-1 District |
R-2 | Residential-2 District |
R-3 | Residential-3 District |
R-C | Restricted-Commercial District |
C-1 | Commercial District |
M-1 | Light Industrial District |
M-2 | General Industrial District |
PUD | Planned Unit Development District |
LCO | Love Canal Overlay District |
NFBO | Niagara Falls Boulevard Overlay District |
Airport Zone One Overlay | |
Airport Protection Overlay District | |
R-W | Residential Waterfront District |
§ 200-6 Zoning Map. [1]
The location and boundaries of the aforesaid districts are shown on a map entitled "Zoning Map, Town of Wheatfield," which with all explanatory matter thereon is hereby incorporated into this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Building Department.
§ 200-7 Zoning district boundaries.
Zoning district boundaries are intended to follow property lines, center lines of streets, railroads or streams or to be parallel or perpendicular thereto, unless otherwise located by appropriate reference on the Zoning Map. Where uncertainty exists with respect to the zoning district boundaries as shown on the Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated so as to approximately follow property lines, such property lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they are approximately parallel to street lines, the location of the district boundary shall be measured from the nearest parallel street line using the graphic scale on the Zoning Map if no distance is given.
C.
Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map or in other circumstances not covered above, the Zoning Board of Appeals shall interpret the district boundaries.
D.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less-restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less-restricted district.
§ 200-8 Interpretation.
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 around any building required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.
§ 200-9 Lot restrictions.
A.
Separate lots. Every building used as a dwelling shall be located on a lot and, except for permitted accessory buildings or residential group developments, there shall be not more than one such building on a lot.
B.
Lot frontage. No dwelling shall be erected on any lot which does not have immediate frontage on a street, as defined in this chapter, as approved by the Town Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Common ownership. In residential group developments, maintenance and preservation of all private drives and parking areas, recreation areas and amenities shall be guaranteed by deed restrictions which run with the land.
§ 200-10 Structure measurements.
A.
Buildings.
(1)
The heights 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.[1]
[1]
Editor's Note: An illustration of building height is on file at the office of the Town Clerk.
(2)
The horizontal distance separations of buildings shall be measured from the foundation.
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.