A. 
No building shall be erected, constructed, moved, altered, rebuilt or enlarged nor shall any land, water or building be used, designed or arranged to be used for any purpose except in conformity with this chapter. No building, structure, hotel or premises shall be used and no building or other structure shall be erected which is intended, arranged or designed to be used for any trade, industry, business or purpose of any kind that is noxious or offensive by reason of the emission of odor, dust, refuse matter, garbage, smoke, fumes, gas, noise or vibration or that is dangerous to the comfort, peace, enjoyment, health or safety of the community or tending to its disturbance, inconvenience, discomfort or annoyance.
B. 
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the creation, erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements or covenants or agreements, the provisions of this chapter shall prevail.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations.
A. 
One principal building and use per lot. There shall not be more than one principal structure and one principal use on any one lot in the following districts:
R+A
Residential Agriculture
R-1
General Residential
R-2
Medium-Density Residential
C-1
Limited Commercial
B. 
It shall be unlawful to occupy all or any part of a basement or area of a structure having more than 1/2 its height below the average level of the adjoining ground for sleeping purposes unless it is an earth-sheltered house with two distinct means of egress.
C. 
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
D. 
Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
E. 
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.
F. 
Lots underwater or subject to flooding. No more than 25% of the minimum area requirements of a lot may be fulfilled by land which is underwater or subject to periodic flooding. Land which is underwater that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this section, land in the bed of a stream not exceeding five feet in width at mean water level and land in any pond not exceeding 150 square feet in area shall not be considered as underwater. Where any area is separated from the main body by water, such separated land shall not be included in computing lot area.
G. 
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a street or highway, as defined herein, which street frontage provides the actual access to such structure and which street or highway shall have been suitably improved to Town Board standards or a bond posted therefor to the satisfaction of the Town Board or Planning Board, as provided in § 280-a of the Town Law.
H. 
Parts of lot not counted toward area requirements. For any lot created by subdivision subsequent to the effective date of this chapter, no part of such lot less in width than 1/2 of the minimum requirement for the district in which it is located shall be counted as part of the minimum required lot area.
I. 
Lot width required. Within any residential district, no part of any dwelling or other structure housing a main use and, within any business district, no part of any residence structure shall be erected on any part of the lot which has a width of less than the minimum requirements for the district in which it is located.
A. 
Porches. No porch may project into any required yard. Any two-story or any enclosed porch or one having a roof and capable of being enclosed shall be considered a part of the building in determining the yard requirements or amount of lot coverage.
B. 
Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard, but not nearer than eight feet from the lot line in any case. The sum of any bay widow projections on any wall shall not exceed 1/4 the length of any said wall.
C. 
Fire escapes. Open fire escapes may extend into any required yard.
D. 
Walls and fences. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that such fence or wall does not exceed six feet in height, unless that part above such height is not less than three-fourths open construction. Fences surrounding junkyards and fences required in the I-1 and I-2 Districts must conform to the requirements of Chapter 96, Junkyards, of the LeRoy Town Code, and §§ 165-20A(3) and 165-20.1A(3) of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Visibility at intersections. On a corner lot in any residence district, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines. The height of three feet shall be measured above the road surface at the nearest edge of the road traveled-way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
F. 
Corner lots. On a corner lot in any residential district or C-1 District, there shall be provided a side yard on the side street equal in depth to the required front yard on said lot. In such instances where there are two front yards, one of the remaining yards shall be considered a side yard, and the other shall be considered a rear yard for the purposes of this chapter.
G. 
Swimming pools. All swimming pools whose capacity is 5,000 gallons or more shall be considered accessory structures and shall set back from lot lines at least the minimum distance required for other buildings and structures.
H. 
Buffer areas. Wherever a buffer strip is required by this chapter, it shall meet the following standards:
(1) 
It shall be at least 10 feet in width along any lot line abutting a lot in a residence district.
(2) 
It shall be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will screen the activities on the lot from view of a person standing at street level on the adjoining residential lot. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
(3) 
A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting.
I. 
Exterior lighting. All exterior lighting in commercial and industrial districts, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any adjacent residential property or from the street.
Except as hereinafter provided, the lawful use of any building or land existing at the time of the enactment or amendment of this chapter may be continued although such use does not conform with this chapter.
A. 
Nonconforming lots. A nonconforming lot shall not be further reduced.
B. 
Nonconforming structures. A nonconforming structure or part thereof determined to be unsafe may be restored to a safe condition only to the extent of its prior nonconformity. A nonconforming structure may be enlarged, provided that the enlargement does not increase the nonconformity of the structure. For example, a structure nonconforming by reason of its nearness to a side lot line may be extended rearward, provided that the extension does not further reduce the side yard or extend into the require yard. This section shall not apply to nonconforming signs (see § 165-41D).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Nonconforming uses.
(1) 
A nonconforming use may be converted to a conforming use as a matter of right.
(2) 
A nonconforming use may be enlarged by special permit only (see § 165-28) as long as:
(a) 
The enlargement is in connection with the same business.
(b) 
The enlargement is upon the same lot occupied by the use at the effective date of this chapter.
(c) 
The enlargement does not create a greater deviation from the standards contained in this chapter.
(d) 
The use conforms to such other conditions as may be deemed appropriate by the Town Board.
[Amended 7-24-2014 by L.L. No. 1-2014]
(3) 
The right to continue a nonconforming use, once established and not abandoned, runs with the land, and this right is not confined to any one individual or corporation.
(4) 
A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding, in aggregate, a cost of 50% of the assessed value of the building, unless said building is changed to a conforming use.
(5) 
A nonconforming use discontinued for a period of one year or more shall be considered abandoned and shall not be reestablished or revived except by grant of a special use permit by the Town Board.
[Amended 9-25-1989 by L.L. No. 1-1989]