Chapter 112: Zoning
§ 112-1. Purpose.
§ 112-2. Definitions.
§ 112-3. Applicability.
§ 112-4. Conflict with other regulations.
§ 112-5. Administration, enforcement and penalties.
§ 112-6. Zoning districts.
§ 112-7. Zoning Map.
§ 112-8. Boundary interpretations.
§ 112-9. Classification of annexed territory.
§ 112-10. Nonconforming uses.
§ 112-11. Frontage on a street.
§ 112-12. R-1 Single-Family Residence District.
§ 112-13. R-2 Single-Family Residence District.
§ 112-14. R-3 Single-Family or Two-Family Residence District.
§ 112-15. R-3M Multiple-Dwelling Residence District.
§ 112-18. C-1 Professional and Administrative District.
§ 112-17. C-2 Restricted Commercial District.
§ 112-18. C-3 General Commercial District.
§ 112-19. M-1 Light Manufacturing District.
§ 112-20. Residential parking.
§ 112-21. Commercial and light manufacturing parking.
§ 112-22. Planning/Architectural Review Board.
§ 112-23. Zoning Board of Appeals.
§ 112-24. Satellite antennas.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 6-25-1990 as L.L. No. 12-1990]

GENERAL REFERENCES

Fire prevention and building code administrations -- See Ch. 28.
Flood damage prevention - See Ch. 31.
Landscaping - See Ch. 57.

§ 112-1. Purpose.

§ 112-2. Definitions.

ACCESSORY APARTMENT - A dwelling unit that is self-contained, including separate kitchen facilities, incorporated within an existing one- or two-family dwelling.

ALLEY - Narrow supplementary public thoroughfare for the use of vehicles or pedestrians, affording access to abutting property.

ALTERATION - Any change, rearrangement or addition to a building or parking lot, other than repairs, including any change of use as defined in the New York State Uniform Building and Fire Safety Code.

ANIMAL, DOMESTIC - Includes dogs and cats, as well as other common household pets, such as fish, hamsters, gerbils and birds, which are maintained indoors.

BERM - A mound of earth, artificially created as part of a landscaping or architectural scheme, rising significantly above the surrounding natural terrain. [Added 11-23-1992 by L.L. No. 8-1992]

BOARDINGHOUSE or ROOMING HOUSE - A building, other than a motel or hotel, wherein fewer than three (3) unrelated persons are located for compensation, either transiently or as permanent residents.

BUFFER STRIP - A strip of open land along the perimeter of a lot, which shall contain no buildings or structures except for planting of grass, trees, shrubs and a legal fence.

BUILDING - A structure wholly or partially enclosed within exterior walls or exterior and party walls and a roof.

BUILDING, ACCESSORY - A building, the use of which is customarily incidental to that of the main or principal building and which is located on the same lot as the principal building.

BUILDING, PRINCIPAL - A building or structure designed primarily to accommodate a principal use. attached garage shall be considered part of the principle building.

COMMERCIAL RESIDENCE - A building where lodging for three (3) or more unrelated persons Is provided for compensation, whether transient or permanent occupancy.

COMMERCIAL VEHICLE - A commercially licensed vehicle used primarily for purposes other than passenger transportation or designed, used or maintained primarily for the transportation of property.

DAY-CARE FACILITY - A place, person, association, corporation, institution or agency which provides day care for three (3) or more children for more than three (3) hours and less than twenty-four (24) hours per day per child and in which parents, guardians or others responsible for care place children.

DRIVE-IN SERVICE FACILITY - An establishment which includes provision for a customer to conduct business or secure consumer goods while remaining within a motor vehicle.

DRIVEWAY - Any entrance or exit used by vehicular traffic to or from lands or buildings abutting a street or alley.

DWELLING UNIT - One (1) or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one (1) family.

DWELLING UNIT, GROUP - A group of two (2) or more dwellings located on the same lot and having any yard or open space in common.

DWELLING UNIT, MULTIPLE - A building designed for or occupied by three (3) or more families with separate housekeeping and cooking facilities for each.

DWELLING UNIT, SINGLE-FAMILY - A detached building designed for or occupied by one (1) family only and containing no other principal use.

DWELLING UNIT, TWO-FAMILY - A building designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each and containing no other principal use.

FAMILY - One (1) or more persons occupying a premises and living together as a single housekeeping unit, subject to a limit of not more than three (3) unrelated persons eighteen (18) years of age or over.

FLOOR AREA - The sum of the horizontal area of all floors of a building, excluding the basement (unless used and habitable in conjunction with the building function), stairway, permanent corridors, attic storage and toilet areas. All dimensions shall be measured between the interior faces of walls.

FRONTAGE - The length of a front lot line or a building site along a street or alley. In the case of a cul-de-sac or pie-shaped lot, "frontage" shall be calculated at the depth of the minimum setback requirement or at the depth of the average setback of existing structures within one hundred fifty (150) feet of the lot, whichever depth is less.

GARAGE - A building or enclosed space not available to the public that is used primarily for the storage of vehicles, provided that no business, occupation or service is conducted for profit therein.

GASOLINE SERVICE STATION - A place for the sale at retail of gasoline an-or other petroleum products which may or may not include facilities for the servicing of vehicles or the sale of convenience

GROUP RESIDENCE - A place and/or domicile occupied by two (2) or more persons wherein the residential quarters are considered an integral component of a recognized program of rehabilitation, custodial supervision or care, together with required supervisory personnel living in a family-type setting. Said residence shall not be institutional in character or scale and shall maintain a resident count compatible with the character of the neighborhood.

HEIGHT - The vertical distance measured from the finished grade level at the sides of the building or structure to the highest level of a flat or mansard roof, to the average height of a pitched, gabled, hip or gambrel roof (excluding spires, chimneys, stairwell housings and other similar structures) or to the highest elevation of structures not containing a roof.

HOME OCCUPATION - Any use for personal gain conducted entirely on a residential premises by the residents thereof and which use is clearly incidental and secondary to the residential purposes and does not change the character thereof.

HOSPITAL - A facility providing inpatient medical treatment and care.

JUNKYARD - An activity characterized by the storage, sale or dismantling of discarded machinery equipment, paper, rags, scrap, vehicles and similar materials.

KENNEL - Any premises that:

A. Accommodates the boarding, sale or care of more than three (3) dogs, cats, rabbits or any domestic animal.

B. Harbors more than three (3) domestic animals over the age of three (3) months.

LOADING SPACE - Any off-street space, commercially zoned, used for the temporary location of one (1) licensed vehicle and which is at least twelve (12) feet wide and forty (40) feet long, not including access driveway, and having direct access to a street or alley.

LOT - A parcel of land that is described on a subdivision map or defined by a survey.

LOT AREA - The total horizontal area included within lot lines, expressed in square units.

LOT, CORNER - A lot at the junction of and abutting two (2) or more intersecting streets.

LOT COVERAGE - That percentage of the lot area covered by the combined area of all principal and accessory buildings and structures on the lot.

LOT, DEPTH - The mean horizontal distance between the front and rear lot lines.

LOT, EXTERIOR - A lot on a corner.

LOT, INTERIOR - A lot other than a corner lot.

LOT LINE - The legally defined boundary or limit of a parcel of land.

LOT LINE, FRONT - A lot line coincidental with the line of the public right-of-way, except that where such line is described as being within the boundaries of a public right-of-way, then the most interior boundary of such right-of-way shall he construed to be the "front lot line." Where two (2) public rights-of-way intersect, a lot line coincidental with the boundary line of either may be selected as the front lot line, as long as no nonconforming elements are thereby created.

LOT LINE, REAR - A lot line generally parallel to or directly opposite a front lot line.

LOT LINE, SIDE - A lot line extending between a front and rear lot line.

LOT, THROUGH - A lot in which both the front lot line and rear lot line abut a street or alley.

LOT WIDTH - The mean horizontal distance between side lot lines.

MANUFACTURING OR INDUSTRIAL BUSINESS - A business activity characterized by the transformation of raw materials or the fabrication of new products, as well as transportation facilities, storage facilities, truck terminals and similar facilities.

MEDICAL CENTER - A facility providing outpatient medical treatment and care.

MIXED OCCUPANCY - Occupancy of a building in part for one use and in part for some other use not accessory thereto.

MOBILE HOME - A transportable dwelling unit that is designed for year-round occupancy and connected to utilities.

MOTOR VEHICLE SERVICE - The on-premises repair, maintenance and general servicing of motor vehicles.

NONCONFORMING USE - Any lawful building, use of a building or use of land existing at the time of enactment of this chapter or any amendments thereto which does not conform to the regulations of this chapter or to the regulations of the zoning district in which it is located.

OFFICE - Any facility in which consulting, recordkeeping or clerical work is conducted and no retail product is offered

OPEN LAND - Dedicated parkland and other undeveloped public or private properties, excluding highway and utility rights-of-way.

PARKING SPACE - A space used for the temporary location of one (1) motor vehicle, not including an access driveway, and having direct access to a street or alley.

PARKING SPACE, OFF-STREET - A parking space located solely within the boundaries of the private property.

PARKING SPACE. ON-STREET - A parking space located in the public right-of-way.

PROFESSIONAL RESIDENCE-OFFICE - A dwelling in a residentially zoned district containing the office of a health-care practitioner, architect, engineer, accountant, attorney or similar professional.

PUBLIC RIGHT-OF-WAY - Land dedicated for the construction or maintenance of a public street or alley. For the purpose of this chapter, that part between the curbline or outer pavement edge and the outer edge of the public sidewalk shall be the public right-of-way"; where no curb and/or sidewalk exists, the area within eight (8) feet of the outer pavement edge shall be the "public right-of-way."

RECREATION/FITNESS CENTER - A privately operated establishment providing facilities or recreational athletics, exercise or physical therapy.

RELIGIOUS FACILITY [Amended 6-5-1992 by L.L. No. 4-1992]:

A. A place of worship, together with such other structures land uses as are normally incidental thereto.

B. A residential care facility operated exclusively for aged persons, under the control and supervision of a religious or eleemosynary society or agency, shall for the purposes of this chapter be deemed a "religious facility."

RESTAURANT - Any structure designed, intended or used, in whole or in part, for the retail sale of prepared food and/or beverages for on-premises consumption, not including drive through facilities.

RETAIL BUSINESS - A commercial activity, including personal service establishments, characterized by the direct on-premises sale of goods and services to a consumer. generally involving stock-in-trade.

SATELLITE ANTENNA - Any parabolic dish or other antenna apparatus or device which is designed to receive television, radio, microwave or other electronic signals or combinations thereof from a transmitter or transmitter relay located in outer space. [Added 8-23-1993 by L.L. No. 8-1993]

SCHOOL - An institution providing instruction on a regular basis.

SCREENING DEVICE - A permanent barrier intended to provide privacy and/or security.

SETBACK - The distance between a lot or street line and a building, structure or portion thereof.

SPECIAL PERMIT - Authority to use property in a manner which is otherwise prohibited by this chapter.

STORY - That portion of a building which is between one floor level and the next higher floor level or the roof.

STREET - A thoroughfare, publicly or privately owned, other than a driveway, designed for vehicular use.

STREET LINE - The right-of-way or established property line of a street as indicated by dedication, deed of record or by a filed subdivision plan.

STRUCTURE - Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, but not including trailer.

STRUCTURE, ACCESSORY - Any structure, other than a principal or accessory building, general associated with the use of property.

SWIMMING POOL - A structure intended for bathing, swimming or diving purposes, either permanently or temporarily installed, whether above or below the ground.

TRAILER - A vehicle with two (2) or more wheels designed to be towed by another motor vehicle, but not including trailers used for the general hauling of freight.

TRAILER, BOAT - A trailer used for the purpose of transporting a boat.

TRAILER, CAMP - A transportable camping unit designed to be towed by another vehicle, suitable for temporary shelter but not equipped with permanent services for water, waste disposal or electricity.

TRAILER, PORTABLE HOT TUB - A trailer used for the purpose of transporting a hot tub specifically designed for temporary use out-of-doors.

TRAILER, RECREATIONAL VEHICLE - A transportable dwelling unit, either self-propelled or designed to be towed, suitable for year-round occupancy.

USABLE SATELLITE SIGNAL - In the case of a television antenna, a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from a local commercial television channel or by way of cable television. [Added 8-23-1993 by L.L. No. 8-1993]

USE - The specific purpose for which land, a building or a structure is designed, arranged or intended or for which it is or may be occupied or maintained.

USE, ACCESSORY - An activity which is incidental, subordinate to and which may not be carried on independently of a principal use.

USE, PRINCIPAL - An activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land. buildings or structures thereon are intended and designed.

VIDEO SALE OR RENTAL FACILITY - Any establishment dedicated primarily to the sale or rental of video cassette recordings.

WHOLESALE BUSINESS - A commercial activity characterized by the sale, storage or distribution of merchandise in quantity to retail establishments.

YARD - That portion of a building plot not occupied by a building, extending open and unobstructed from the ground upward.

YARD, FRONT - The lot area bounded by the front and side lot lines and front building line, open and unoccupied.

YARD, FRONT EQUIVALENT - That portion of a rear yard of a through lot extending along a street and from the street line for a depth equal to a required front yard.

YARD, REAR - The lot area bounded by the rear and side lot lines and rear building line, open and unoccupied.

YARD, SIDE - The lot area between the side lot line and side building line further bounded by the front and rear yards, open and unoccupied.

YARD, SIDE EXTERIOR - A side yard abutting on a street line.

YARD, SIDE INTERIOR - A side yard abutting on a lot line of an adjoining lot.

§ 112-3. Applicability.

(1) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hear be erected, constructed, reconstruct moved or structurally altered unless in conformity will all of the provisions of this chapter and the Code Enforcement Official has issued an approved building permit.

(2) No building or structure shall hereafter be erected altered to exceed the height; to accommodate or house greater number of dwelling units; to occupy a greater percentage of lot area: or to have narrower or smaller rear yard, front yard, side yard or other open space than is specified in this chapter.

(3) No part of a yard or open space required about building or structure for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for another building structure.

(4) All uses not specifically permitted in a district shall be deemed prohibited.

(5) This section shall not apply to existing buildings structures, nor to the existing use of any building structure or land to the extent that it was a legal use the time of enactment of this chapter. Hereafter, chapter shall apply to any change in use, alteration, extension or movement of a building or structure and any change in use of land.

B. Certain public uses excluded. This chapter shall not construed to limit or interfere with the dedication, development or use of any land or building as public pa playgrounds or schools required for compulsory education with the use of land or buildings owned by the United States government, State of New York, County of Erie. Village of Williamsville or the Town of Amherst and used for governmental pub or with the construction, installation, operation and maintenance for public utilities existing or hereafter authorized, and shall not be interpreted to permit yards, or structures for service or storage unless permitted within the district.

C. Interpretation of permitted uses and boundaries.

(1) If any use can be construed to be incorporated within a more general use listing, the more specific listing, if any, shall control. Where a use is first listed in a less restricted district, such use shall not be construed to be permitted in a more restricted district.

(2) No use shall be permitted in any zoning district unless stated to be permitted in a specific or generally permitted use listing for such zoning district.

D. Temporary structures or uses.

(1) Any contractor, engineer or architect may erect in any district(s) an on-site temporary structure for use incidental to construction work, for a period of time not to exceed one (1) year. Such structure shall be removed immediately upon the completion or abandonment of the work.

(2) The temporary use of a dwelling or dwelling unit as a sales model shall be permitted in all districts.

§ 112-4. Conflict with other regulations.

§ 112-5. Administration, enforcement and penalties.

B. The Code Enforcement Official may cause inspection of any building, structure, land or use thereof. The Code Enforcement Official shall order, in writing, the correction of an violation of this chapter.

C. A violation of this chapter shall be punishable by a fine not exceed two hundred fifty dollars ($250.) for each violation. Each day of continued violation shall constitute a separate an additional violation.

§ 112-6. Zoning districts.

R-1 Single-Family Residential District

R-2 Single-Family Residential District

R-3 Single-Family or Two-Family Residential District

R-3M Multiple-Dwelling Residential District

C-1 Professional and Administrative District

C-2 Restricted Commercial District

C-3 General Commercial District

M-1 Light Manufacturing District

§ 112-7. Zoning Map.

§ 112-8. Boundary Interpretations,

A. Boundaries indicated as approximately following the center lines of streets, alleys or highways shall he construed to follow such center lines,

B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C. Boundaries indicated as approximately following the corporate boundaries of the Village of Williamsville shall he construed as following such corporate boundaries.

D. Boundaries indicated as parallel to or extensions of streets, alleys or highways shall be so construed. Distances not specifically indicated on the Zoning Map shall he determined by the scale of the map.

E. Where a district boundary line divides an existing lot, such lot shall be deemed to lie in the zoning district which contains the largest portion of its area having frontage on a street,

§ 112-9. Classification of annexed territory.

§ 112-10. Nonconforming uses.

B. Any nonconforming use may he changed to any other use permitted in the district in which it is first permitted. Once a nonconforming use is changed to a conforming use or to a more restricted use, such use their shall not revert to a less restricted use.

C. A nonconforming use shall not be enlarged or extended, except that in any C or M District a nonconforming building may be enlarged to an extent not exceeding twenty percent in the aggregate, of the floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by the nonconforming use or violate any height, yard, parking area or other open space requirement of this chapter. When the total of all enlargements equals twenty percent (20%) of the floor area existing at the time the use became a nonconforming use, no further enlargement shall be permitted.

D. Nothing herein shall be deemed to prevent normal maintenance or repair of a nonconforming building or structure of use thereof.

E. No alteration, either interior or exterior, shall be made to nonconforming building or structure except:

(1) When required by law.

(2) To restore to a safe condition alter determination by the Code Enforcement Official that it is unsafe

(3) To accomplish enlargements as authorized by this chapter.

(4) To accomplish a change to a conforming use or to a more restricted use.

F. Any nonconforming building or structure that has been destroyed or damaged by any means shall be allowed to rebuilt and shall maintain its nonconforming status, provided that:

(1) The total floor area is not inch from the total floor area of the original nonconforming building or structure.

(2) If any modification shall result in additional parking spaces being required, provision for the installation such parking spaces shall be required by the Planning Architectural Review Board as a precondition to approval of reconstruction.

(3) Reconstruction shall commence within one (1) year of date of damage or destruction.

G. Whenever a nonconforming use has been discontinued for a period of one (1) year, such nonconforming use may be reestablished only upon reasonable modification imposed by the Planning/Architectural Review Board for the purpose of providing additional off-street parking.

H. Nothing shall prevent the construction of a building or other structure which is made nonconforming by this chapter or any amendment thereto, provided that a building permit has been lawfully issued, and further provided that:

(1) instruction of the foundation shall have commenced prior to the nonconforming date and completion shall have been diligently pursued.

(2) The Board of Appeals determines that substantial expenditures have been made or substantial financial obligations have been ink prior to the nonconforming date and completion has been diligently prosecuted.

§ 112-11. Frontage on a street.

§112-12. R-1 Single-Family Residence District.