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.
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.
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.
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.
[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
|
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.
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.
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.
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.
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.
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.
