Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-6-1981 by L.L. No. 3-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 215.

§ 117-1 Purpose.

This chapter is designed to regulate the outdoor storage of inventory in the Town of Tonawanda, outside the Village of Kenmore, in order to enhance the physical and visual environment as well as to preserve and promote the safety, health and well-being of persons and property.

§ 117-2 Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated. All other terms shall have the meanings normally ascribed to them in regular usage.
INVENTORY
Any goods or property to be sold or used in the course of business by any individual, partnership, association, society, syndicate, company, trust or corporation.
PERSON
Any individual, partnership, association, society, syndicate, company, trust or corporation.

§ 117-3 Zoning restrictions. [1]

[Amended 10-20-1997 by L.L. No. 3-1997]
A. 
Unless stored in a completely enclosed structure, no person shall cause or permit inventory to be stored within eight feet of any land which is zoned either First Residential or Second Residential.
B. 
Unless stored in a completely enclosed structure, no person shall cause or permit inventory to be stored in any other location which is adjacent to land which is zoned either First Residential or Second Residential. This restriction shall not apply if a solid fence of a height at least equal to the height of the inventory is constructed and maintained along the lot line adjacent to the land zoned First Residential or Second Residential.
[1]
Editor's Note: See Ch. 215, Zoning.

§ 117-4 Special permit exceptions.

A. 
Section 117-3 of this chapter shall not apply if a special permit authorizing the storage of inventory not within a completely enclosed structure has been granted by the town. Such exception shall apply only to the extent allowed under the terms and conditions of the special permit. Application for a special permit to allow for an exception to the restrictions of § 117-3 of this chapter shall be made in writing to the Town Board of the Town of Tonawanda. Such application shall state the type, height and location of the inventory to be stored as well as any additional information that the Town Board may deem necessary. The Town Board shall issue a permit in the form of a Board resolution to the applicant under such circumstances and conditions as prescribed by the Town Board.
B. 
The restrictions provided in § 117-3 of this chapter shall not apply to the storage of new or used automobiles by a person engaged in the business of selling new or used automobiles.

§ 117-5 Enforcement.

[Amended 3-26-2007 by L.L. No. 2-2007]
It shall be the duty of the Code Enforcement Officer, or other designated official in the case that no Code Enforcement Officer has been appointed, to enforce the regulations and restrictions provided by this chapter.

§ 117-6 Applicability.

This chapter shall be applicable in the area of the Town of Tonawanda, excluding the Village of Kenmore.

§ 117-7 Penalties for offenses.

A person committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Each day's continued violation shall constitute a separate additional violation.