A.
No building, other structure or land shall hereafter be used or occupied
and no building or other structure or parts thereof shall be erected,
relocated, altered, extended or enlarged unless in conformity with
the use, height and area regulations specified herein for the district
in which such building, other structure or land is located and in
conformity with all other regulations of this chapter.
B.
No lot area shall be reduced or diminished so that the yards or other
open space thereon shall be less than prescribed by this chapter nor
shall the density of population be increased in any manner except
in conformity with area requirements herein established. If, at the
time of the adoption of this chapter or of any subsequent amendments,
the lot area or required open spaces are less than the minimum required
by this chapter, such area or open space shall not be further reduced.
C.
No yard or other open space provided on one lot for the purpose of
complying with the provisions of this chapter shall be considered
as providing a yard or open space required on any other lot.
D.
All fees
required in regard to zoning shall be determined by resolution of
the Town Board from time to time. Notice of current fees shall be
available from the office of the Town Clerk or the Building Inspectors.
[Added 7-9-2009 by L.L. No. 3-2009]
The regulations of this chapter shall not be construed as to
limit or interfere with the dedication, development or use of any
land or building for public parks, other public recreation areas or
public schools required for compulsory education; or with the use
of land or buildings owned by the United States of America, the State
of New York, the County of Erie or the Town of Colden and used for
governmental purposes; or with the construction, installation, operation
and maintenance for public utility purposes of water or gas pipes,
mains, standpipes, reservoirs or elevated water tanks or conduits,
electric light or electric power transmission or distribution lines,
telephone or telegraph lines, cable television lines, oil pipe lines,
sewers, sewer mains or incidental appurtenances; or with any highway,
railroad right-of-way or mass transit right-of-way existing or hereafter
authorized by the United States of America, the State of New York,
the County of Erie, the Erie County Water Authority, or the Town of
Colden. These exceptions, however, shall not be interpreted to permit
yards, garages or other buildings for service or storage by said public
utilities which are otherwise permitted by this chapter in appropriate
districts. Installation of standpipes, reservoirs or elevated water
tanks shall be permitted only upon approval of the Town Board as to
location, type of structure, effect upon adjacent properties and proximity
to similar use area. The Town Board may prescribe conditions that
it deems necessary or desirable and may require a site plan of the
proposed installation. Application for such use shall be referred
to the Town Planning Board for its recommendation which shall be advisory
only.
A.
Building permits. Nothing contained in this chapter shall prevent
the construction of a building or other structure for which a building
permit has been lawfully issued and which is made nonconforming by
this chapter or subsequent amendments thereto, provided that construction
of the foundation shall have commenced prior to the nonconforming
date and construction thereafter is diligently performed.
B.
Special permits and variances. Special permits or variances granted
prior to the effective date of this chapter and which are not permitted
by this chapter as of right in the district in which located shall
be subject to all the conditions and limitations placed thereon when
such special permit or variance was granted and to the provisions
contained herein pertaining to nonconforming uses. Any such special
permit or variance shall become null and void unless exercised within
one calendar year from the effective date of this chapter.
It is hereby declared to be the intent of the Town Board that:
A.
If a court of competent jurisdiction finds any provision of this
chapter invalid in whole or in part, the effect of such decision shall
be limited to those provisions which are expressly stated in the decision
to be invalid, and all other provisions of this chapter shall continue
to be separately and fully in effect.
B.
If a court of competent jurisdiction finds the application of any
provision of this chapter to any building, other structure or tract
of land to be invalid in whole or in part, the effect of such decision
shall be limited to the person, property or situation involved in
the controversy, and the application of any such provision to any
other person, property or situation shall not be affected.
