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Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Amended 7-5-2000 by L.L. No. 7-2000]
A. 
In order to carry out the purpose, intent and objectives of this chapter, the Town is hereby divided into the following districts, which shall be designated on the Official Zoning Map by symbols and boundaries, said districts to be known as:
[Amended 11-1-2006 by L.L. No. 10-2006]
(1) 
Residential districts.
R-R
Rural Residential District
R-1
Residential District One
R-1-L
Residential District One-Lakefront
R-2
Residential District Two
MFR-3
Multifamily Residential District Three
MFR-4
Multifamily Residential District Four
MHR-5
Mobile Home Residential District Five
(2) 
Agricultural districts.
A-OS
Agriculture and Open Space District
R-A
Rural Agriculture District
(3) 
Community Facilities District.
PF
Public Facilities District
RF
Recreational Facilities District[1]
[1]
Editor's Note: The name of this district was changed from PL Park Lands District to RF Recreational Facilities District pursuant to L.L. No. 3-2002, adopted 4-17-2002.
(4) 
Business districts.
[Amended 9-20-2017 by L.L. No. 7-2017]
NB
Neighborhood Business District
GB
General Business District
MS
Motor Vehicle Service District
WMU
Waterfront Mixed Use District
(5) 
Industrial districts.
LI
Light Industrial District
GI
General Industrial District
B. 
Provision for Official Zoning Map. The aforesaid districts are designated by symbols and the location and boundaries of said districts are shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter.[2] If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map after the amendment has been adopted by the Town Board.
[2]
Editor's Note: The Official Zoning Map is on file in the office of the Town Clerk and may be examined there during regular office hours.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land therein, and, except as otherwise provided in this chapter:
A. 
No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except as permitted in the district in conformity with all of the regulations herein specified.
B. 
No building or other structure shall hereafter be erected, moved or altered which exceeds the height or bulk requirements, fails to meet minimum square footage requirements, accommodates or houses a greater number of families, occupies a greater part of the lot area or has smaller side, rear or front yards or other open spaces than herein permitted or required.
C. 
No part of a yard or other open space or off-street parking, loading or stacking space required about or in connection with any structure for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking, loading or stacking space required for any other structure.
D. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E. 
No required yard shall be alienated from that portion of the lot on which a structure is located.
Where uncertainty exists as to boundaries of districts, the following rules shall apply for the purpose of this chapter:
A. 
Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines.
B. 
Boundaries indicated as approximately following existing lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following Town boundaries shall be construed as following such boundaries.
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between main tracks.
E. 
Boundaries indicated as approximately following the edge of streams, rivers, canals, lakes or other bodies of water shall be construed as following the center lines thereof.
F. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be construed pursuant to those provisions.
G. 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered above, the Board of Appeals shall interpret the district boundaries.
H. 
Where district boundary lines established upon the adoption of this chapter divide a lot which was in single ownership at that time, the Board of Appeals may permit the extension of the regulations of the lower use district into the other district if it finds, after receiving a recommendation from the Planning Board, that such an extension and the resulting use are consistent with the intent of this chapter and the objectives of the Comprehensive Plan.