This chapter shall be known as the "Zoning Ordinance
of the Town of Geddes" and shall consist of the text contained herein
and the Town of Geddes Official Zoning Map, hereinafter referred to
as the "Zoning Map."
Whereas the Town Board of the Town of Geddes
deems it necessary for the promotion of the health, safety, morals
and general welfare of the Town of Geddes to regulate and restrict
the height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts
and other open structures, the density of population and the location
and use of buildings, structures and land for trade, industry, residence
or other purposes, the Town Board of the Town of Geddes does hereby
create the following districts, map and regulations to accomplish
this purpose.
For purposes of interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
necessary for the promotion of the public health, comfort, convenience
and general welfare.
This chapter shall not be construed as superseding,
limiting, changing or suspending any law, ordinance, code or regulation
affecting the safety, construction or sanitation of any building or
structure.
For the purpose of interpreting this chapter,
the following definitions shall be used:
An establishment where, for any form of consideration, one
or more still or motion-picture projectors, slide projectors, or similar
machines, or other image-producing machines, for viewing for five
or fewer persons each, are regularly used to show films, motion pictures,
videocassettes, slides, or other photographic reproductions which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
[Added 5-8-2001 by L.L. No. 7-2001]
A business which derives 25% or more of its gross income
from the sale, or rental of, or utilizes 25% or more of its retail
selling area for, or has stock comprised of 25% or more of, any of
the following: books, magazines, periodicals, films, motion pictures,
videocassettes, slides, compact discs and/or computer generation or
other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
[Added 5-8-2001 by L.L. No. 7-2001]
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which features:
[Added 5-8-2001 by L.L. No. 7-2001]
Persons who appear nude or in a state of nudity
or semi-nudity; or
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides,
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A business where an adult male or female exposes parts of
his/her body identified as specified anatomical areas.
[Added 5-8-2001 by L.L. No. 7-2001]
A hotel, motel or similar business which:
[Added 5-8-2001 by L.L. No. 7-2001]
Offers public accommodations, for any form of
consideration, which provide patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions characterized by the depiction or description
of specified sexual activities or specified anatomical areas and which
advertises the availability of this sexually oriented type of material
by means of a sign visible from the public right-of-way, or by means
of any off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a period
of time less than 10 hours; or
Allows a tenant or occupant to sub-rent the
sleeping room for a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials, including films, tapes, videotapes, slides, videodiscs
or computer-generated images, to one or more persons having, as a
dominant theme, material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
[Added 5-8-2001 by L.L. No. 7-2001]
A business which derives 25% or more of its gross income
from the sale, or rental of, or utilizes 25% or more of its retail
selling area for or has stock comprised of 25% or more of, any of
the following: instruments, devices, or paraphernalia which are designed
for use or marketed primarily for stimulation of human genital organs
or for sadomachistic use or abuse of themselves or others.
[Added 5-8-2001 by L.L. No. 7-2001]
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting describing or
relating to specified sexual activities or specified anatomical areas,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult motels, adult
motion-picture theaters, adult novelty stores, and massage establishments.
[Added 5-8-2001 by L.L. No. 7-2001]
Any change, rearrangement or addition to a building or structure,
other than repairs, and any modification in construction or in building
equipment. This term shall be construed to include any change, either
interior or exterior, in dimension, use or number or type of occupancy
of any building or structure.
Includes dogs and cats as well as other common household
pets such as fish, hamsters, gerbils and birds which are maintained
indoors. This term shall exclude farm animals (horses, livestock and
poultry) and wild or dangerous animals.
Those species that have historically and commonly been associated
with agricultural uses as the production product (food, eggs, milk,
hides, fur) or as work animals directly related to agricultural process
(hauling, plowing). Typical animals of these types include, but are
not limited to, horses, cows, chickens, geese, ducks, sheep, goats,
and pigs. Nondomestic animals shall also include animals with a venomous
or poisonous bite or sting.
[Added 6-14-2022 by L.L. No. 3-2022]
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
[Added 6-11-2002 by L.L. No. 3-2002]
A residence containing, in addition to living quarters for
the owner thereof, transient lodging facilities for the general public
with or without the sale of food and beverages for occupants only,
conducted as a home occupation hereunder.
[Added 4-12-2005 by L.L. No. 3-2005]
A strip of open land along the perimeter of a lot in widths
prescribed by the applicable sections of this chapter, planted with
grass, trees and/or shrubs so as to provide a pleasant aesthetic appearance
and visual screen and which shall contain no buildings or structures
except a permitted fence.
A structure having a roof supported by columns or by walls
and intended for the shelter or enclosure of persons, animals or property.
A building, the use of which is customarily incidental to
that of the main or principal building. Examples of accessory buildings
are garages and storage sheds.
A line parallel to the perimeter of a building and coterminous
with the outermost part of the building, excluding building parts
expressly permitted to extend beyond a building line.
A building or structure designed primarily to accommodate
a principal use. An attached garage shall be considered part of the
principal building.
Any commercial enterprise, establishment, association or
arrangement for profit.
[Added 5-8-2001 by L.L. No. 7-2001]
Includes commercial, professional, financial (excluding banks),
insurance, real estate, medical, governmental and utility service
company offices, but excludes medical centers.
A building, structure or part of a building or structure
specifically designed and used for washing, waxing, polishing or otherwise
cleaning the interior or exterior of motor vehicles.
Code of the Town of Geddes, as amended.
[Added 5-8-2001 by L.L. No. 7-2001]
An establishment that processes laundry and dry cleaning
collected from retail dry-cleaning and laundry operators and generally
does not deal directly with the user of the laundry and dry-cleaning
service.
A structure typically enclosed with glass, plastic or similar
translucent materials or any permanent climate-controlled enclosed
structure within which agricultural or horticultural products are
grown cloned, harvested, dried, cured, graded and/or trimmed, including
cannabis plants, for retail or wholesale sale, consistent with and
subject to any other New York State Laws, and which also includes
appropriate areas for parking, loading and storage, office space and
customers.
[Added 8-13-2024 by L.L. No. 2-2024]
Any antenna or tower, including accessory equipment and devices
used in the delivery of commercial mobile services.
[Added 6-11-2002 by L.L. No. 3-2002]
Cellular telephone services, special mobile radio services
and personal communication services as those terms are defined and
regulated by the FCC.
[Added 6-11-2002 by L.L. No. 3-2002]
A building or structure generally in the configuration of
a tower, the principal use of which is the commercial broadcast, rebroadcast,
relay or receipt of radio, television, microwave or similar signals.
Such facilities also include earth receiving or transmitting dishes
and similar earth station structures for commercial communication
with satellites.
A facility established by and under the direct supervision
of a government or not-for-profit association or corporation designed
primarily to provide a place of congregation or meeting for purposes
of education, training, counseling, active or passive recreation or
similar pursuits, including social facilities incidental thereto,
and which is available to the general public notwithstanding membership
and dues requirements, if any. This term shall not include schools,
private clubs, eleemosynary uses or retail businesses.
A facility at which care and supervision of minors is provided
as a daily or regularly scheduled program. Examples are day nurseries,
preschool programs and day-care centers. Day-care facilities expressly
exclude "family day-care" as defined herein.
An activity providing for the care and supervision of minors
in a dwelling unit away from their own homes. Family day-care may
involve no more than five minors daily who are not related to the
head of the household of the dwelling unit.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a person,
customer, member of the public or business invitee of any material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
[Added 5-8-2001 by L.L. No. 7-2001]
An establishment which includes provision for customers to
conduct business or secure consumer goods while remaining in their
motor vehicles or a business where takeout consumer goods are dispensed
or sold for the consumption of such goods within the customers' motor
vehicles. Drive-in activities include drive-in banks, restaurants
and photo services but exclude motor vehicle service facilities.
A building designed for or occupied by two or more families,
with separate housekeeping and cooking facilities for each.
A detached building designed for or occupied by one family
only and containing no other principal use.
An entire building or one or more rooms within a building
having access to the exterior of said building, directly or through
a common hall or entrance, generally containing kitchen, bathroom,
dining and sleeping facilities and similar facilities incidental and
necessary to human habitation, intended and designed exclusively as
a place of residence and/or domicile for occupancy by not more than
one family as defined herein.
Charitable, nonprofit, educational facilities and/or centers
specifically established for specialized service, education and training
for handicapped persons as the term "handicapped persons" is defined
in the Education Law of the State of New York. This term shall not
include a public or private school; college, university or institution
of higher education; private business school; or private trade or
vocational school.
Federal Aviation Administration.
[Added 6-11-2002 by L.L. No. 3-2002]
One or more persons occupying a dwelling unit as a single
housekeeping unit and using common cooking facilities, as distinguished
from one or more persons occupying a hotel, motel, eleemosynary use,
group residence, nursing or convalescent home, private club or medical
center.
Federal Communications Commission.
[Added 6-11-2002 by L.L. No. 3-2002]
A line connecting points in each side line equidistant from
the street line, beyond which no parts of a building shall extend
other than unenclosed steps, eaves, cornices and similar fixtures.
A building or enclosed structure not available to the public
that is used primarily for the storage of the property owner's personal
property, including automobiles, provided that no business, occupation
or service is conducted for profit therein.
[Amended 3-9-2021 by L.L. No. 2-2021]
An installation or building in which the public retail sale
of petroleum products from underground storage tanks is made on the
premises and which may include accessory facilities for the repair,
servicing or incidental washing of motor vehicles.
The sum of the horizontal area of the floors of a building,
excluding the basement (unless used and habitable in conjunction with
the building's function). All dimensions shall be measured between
the interior faces of the walls.
A building used exclusively as a place of residence and/or
domicile by two or more persons, where 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. Such residence shall be
nonprofit, noninstitutional in character and scale and shall maintain
a resident population size compatible with the character of the surrounding
neighborhood. This term shall exclude nursing or convalescent homes
or similar institutional settings.
The vertical distance measured from the average ground level
at the sides of a building or structure to the extreme high point
of the building or structure, exclusive of a church spire, belfry,
clock tower, cupola, ventilator, skylight, stairwell, chimney flue,
elevator bulkhead, stage tower, radio or television antenna which
is attached to or totally supported by and accessory to a building
or structure used for residential purposes and which does not exceed
10 feet above the maximum height allowed for a residential building
or structure in the district wherein it is located or similar structure.
An accessory use of a service character customarily conducted
within a dwelling by a resident thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or have any exterior evidence of such secondary
use. Home occupations shall include but not be limited to the office
of a resident health-care practitioner, attorney, architect, engineer,
insurance or real estate salesperson or similar professional and such
services such as hairdressing/barbering, sewing/tailoring, photography
and teaching.
A structure containing transient and/or permanent lodging
facilities for the general public and which generally contains facilities
incidental to such occupancy such as restaurants, meeting rooms, accessory
retail business activities and related incidental activities desired
primarily to accommodate the occupants but open to the general public.
This term includes motels, inns and similar commercially oriented
transient lodging facilities but excludes rooming and boarding houses
and tourist homes.
Commercially operated recreation facilities where activities
are conducted within a building or enclosed structure. Examples are
bowling alleys, skating rinks, swimming pools, tennis and paddle courts,
video arcades and athletic centers or clubs.
A commercial activity primarily characterized by the transformation
of substances into new products for distribution and ultimate sale,
including the assembly of component parts of manufactured products,
such as are normally associated with plants, factories and mills utilizing
power-driven machinery and materials-handling equipment. This term
shall include accessory transportation facilities designed for the
handling of goods received or shipped from the industrial use as part
of the normal conduct of business. This term shall not include junkyards,
automobile graveyards, automobile parts recycling plants, automotive
or other disassembly plants, waste disposal beds or bulk petroleum
storage, except petroleum storage incidental to the operation of the
primary industrial use.
A building or structure used for the commercial boarding,
sale and/or care of dogs, cats and other domestic animals or the harboring
of more than four dogs or cats, each being over six months of age.
The area required for the temporary parking of one licensed
vehicle, often including a trailer, the purpose of which is to facilitate
the delivery, unloading and loading of material which is necessary
to the operation of the principal use. A loading space shall not include
access driveways or aisles.
An area contained within lot lines shown on a subdivision
map or as described in a deed and which is properly recorded in the
records of Onondaga County. Areas shown on maps or described in deeds
which are contiguous shall be considered separate lots unless otherwise
indicated or intended as one lot in said instrument.
The size of a lot, expressed in square units of measure,
derived by viewing the lot as a level surface.
A lot fronting on two streets at their intersection.
The lot area occupied by all principal and accessory structures
and buildings.
A boundary defining ownership of land as derived from maps,
deeds and similar title documents. Boundaries defining less than a
fee interest, including leaseholder interests and common areas, shall
be submitted to the Board of Appeals for a determination as to whether
such boundaries constitute a lot line for the purpose of allowing
land use activities. Lot lines shall be classified as rear, front
or side lines as hereinafter defined. Where the application of such
classification cannot be made with certainty by the Code Enforcement
Officer in consultation with the property owner, then the Board of
Appeals shall render a determination establishing an appropriate classification
for purposes of allowing land use activities.
A property line coincidental with the highway right-of-way
line or with any other public right-of-way line. If several right-of-way
lines exist along one side of a property, then the one farthest from
the center line of the highway right-of-way shall be construed to
be the front lot line. Where two public rights-of-way intersect (e.g.,
a corner lot), a lot line coincidental with the boundary line of either
may be selected by the property owner as the front lot line for development
purposes as long as no nonconforming elements are created. If the
property owner fails to make this selection for a corner lot or there
is uncertainty regarding the selection, then the determination shall
be made as specified in the definition of lot line.
A lot line generally parallel to or directly opposite a front
lot line.
A lot line extending between a front and rear lot line.
The linear dimension of a straight line situated between
side lot lines as measured at the front setback line.
A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument
or any other treatment or manipulation of the human body which occurs
as part of or in connection with specified sexual activities or where
any person providing such treatment, manipulation or service related
thereto, exposes his or her specified anatomical areas.
[Added 5-8-2001 by L.L. No. 7-2001]
Any business where body rubs, body shampoos, massages (as
defined above) or similar services are administered. This definition
shall not include persons licensed or authorized pursuant to Article
155 of the Education Law, or specifically exempt from Article 155
of the Education Law. (See Education Law § 7800 et seq.)
[Added 5-8-2001 by L.L. No. 7-2001]
A facility providing for the treatment of illness, injury
and disease, providing inpatient and/or outpatient accommodations,
including what are commonly termed "clinics," "diagnostic centers,"
"neighborhood health centers" and "hospitals," but expressly excluding
group residences, nursing and convalescent homes and business offices,
except where such facilities are accessory only to the medical center.
This term shall also include private physicians' offices situated
within or integral to a medical center.
A transportable, single-family dwelling unit suitable for
year-round occupancy and containing the same conveniences as immobile
housing with respect to water supply, light, heat, power and waste
disposal. A mobile home is a portable unit designed and built to be
towed on its own chassis comprised of a frame and wheels and designed
without a permanent foundation for year-round living. A unit may contain
parts that may be folded, collapsed or telescoped when being towed
and expanded later to provide additional cubic capacity as well as
two or more separately towable components designed to be joined into
one integral unit capable of being again separated into the components
for repeated towing. Mobile units are designed to be used as long-term
residential units; excluding, however, travel trailers, motorized
homes, pickup coaches and camping trailers.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use
consisting of not less than 2 1/2 acres and not fewer than 20
mobile homes.
An establishment with facilities for the preparation of the
dead for burial or cremation, for the viewing of the body and for
the observances held for a dead person incidental to the burial or
cremation, but expressly excluding morgues and educational facilities
engaged in teaching mortuary science.
The service or repair of motor vehicles and related equipment,
but expressly excluding motor vehicle sales, motor vehicle dismantling
except incidental to the repair of motor vehicles, motor vehicle parts
recycling or the storage of motor vehicles.
Any lot, yard, building, structure, use of land or requirement related to use, such as off-street parking or signage, which does not comply with the applicable district or general regulations contained in this chapter but which did lawfully exist by complying with any applicable regulations prior to the adoption of this chapter or any amendment hereto, and which has continued to exist in a manner consistent with such previous compliance. This term shall include the following: "nonconforming structure," "nonconforming use," "nonconforming lot" and other nonconforming elements as described in Article IV.
[Amended 1-9-2001 by L.L. No. 1-2001]
A facility operated by a private individual(s), corporation
or religious organization for the purpose of providing lodging, boarding
and continuous nursing care under medical supervision to sick, invalid,
infirm or convalescent persons but not constituting a medical center.
Includes commercially operated recreation facilities where
activities are primarily conducted outside of a building or structure.
Examples are outdoor driving ranges, parks and beaches and miniature
golf courses. This term expressly excludes racetracks and outdoor
theaters.
A lot, the principal use of which is the temporary parking
of licensed motor vehicles in parking spaces used by the general public.
The facility may be a building, a structure or an open lot. The sale,
storage or repair of motor vehicles is prohibited within the facility.
The area used for the temporary parking of one licensed motor
vehicle, not including the access driveways or aisles.
A parking space located solely within the boundaries of the
property, and shall not include spaces located in the public right-of-way
either on the street pavement or between the street pavement and a
property's front lot line.
Any individual, firm, partnership, corporation, association,
limited-liability company, business entity or legal representative,
acting individually or jointly.
[Added 5-8-2001 by L.L. No. 7-2001]
A facility where electricity and/or steam is created for
use in powering on-site or off-site industrial, commercial, residential
or other activities.
Any tower or antenna for which a legal building permit was
issued and which was constructed and in existence as of May 6, 1996.
[Added 6-11-2002 by L.L. No. 3-2002]
A club or social organization which is not conducted for
private profit, where the substantial portion of club activity is
contained within a building and which club activity is not an adjunct
to nor operated by or in connection with a public tavern, cafe or
other similar public place. Private clubs requiring the substantial
portion of their activity to be outdoors shall, for the purposes of
this chapter, be considered an "outdoor recreation use" as that term
is defined in this chapter.
Instruction of students as required by the Education Law
of the State of New York, including both public schools from elementary
through 12th grade and also private schools whose curriculum is substantially
equivalent to that of public schools. This term shall also include
nursery schools, kindergarten and similar preschool programs where
accessory to a public or private school.
A land use characterized by the retail rental of storage
space or units for holding personal or business items with direct
customer access to the storage space. Examples include mini-warehouse,
public storage, or self-storage facilities; the use excludes temporary
or portable units, such as tractor trailers or storage trailers (with
or without wheels), and outdoor storage of any items, including, but
not limited to, cars, trucks, campers, boats and utility trailers.
[Added 10-13-2020 by L.L. No. 4-2020]
A land use activity devoted exclusively to religious purposes,
including but not limited to churches, synagogues, mosques, parish
houses, convents and retreat houses.
A commercial use whose principal activities include basic
research, design, pilot or experimental product development, technical
service, general research or engineering, together with accessory
activities.
Any structure designed, intended as or used in whole or part
for the retail sale of prepared food and/or beverages for on-premises
consumption. This term shall not include restaurants with drive-in
facilities or temporary eating facilities such as associated with
field days or charitable institutions.
A commercial activity designed for and primarily characterized
by the direct on-premises sale of goods and services within a building
to the ultimate consumer, generally involving stock-in-trade such
as is normally associated with department stores, food markets, shops
and similar establishments. This term shall also include personal
service establishments such as barbershops, beauty salons and dry
cleaning shops (as opposed to commercial dry-cleaning and laundry
establishments). This term shall not include restaurants, gasoline
stations, business offices, medical centers, outdoor retail sales,
motor vehicle sales or kennels.
Refers to any structure, including a parabolic dish or other
device or equipment, intended to receive television, radio, microwave
or other electronic signals from space satellites.
A permanent barrier, any portion of which is situated two
or more feet above grade, composed of any material, including what
are commonly termed "walls," "fences," "hedges" and similar structures
or improvements intended to provide privacy and/or security.
The distance between a lot line and building line or accessory
structure.
Refer to Article VII for definitions relating to the regulation of signs.
Include any of the following:
[Added 5-8-2001 by L.L. No. 7-2001]
Include any of the following:
[Added 5-8-2001 by L.L. No. 7-2001]
All or part of a lot used for the storage of lumber, cut
or milled wood, masonry products, piping, building products, sand,
gravel or similar bulky products. Storage yard activity may involve
the wholesale and/or retail sale of materials.
A thoroughfare, publicly or privately owned, open to general
vehicular use.
The right-of-way or established property line of a street
as indicated by dedication, deed of record or by a filed subdivision
plan.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Examples include walls, buildings, freestanding signs and
poles.
A structure generally associated with the use of property
other than a principal or accessory building. Examples of accessory
structures are radio or television antennas, satellite receiving antennas,
signs, fences and outdoor recreation uses such as swimming pools.
A structure designed to support antennas. It includes, without
limitation, freestanding towers, guyed towers, lattice towers and
monopoles.
[Added 6-11-2002 by L.L. No. 3-2002]
The Town of Geddes.
[Added 5-8-2001 by L.L. No. 7-2001]
An activity which is incidental, subordinate to and which
may not be carried on independently of a principal use, such as a
home occupation.
An activity which may be carried on independently of any
other activity and which generally characterizes the primary purpose
for which land and/or principal buildings or structures thereon are
intended or designed.
Buildings or structures used in conjunction with public utility
services, including but not limited to energy substations, transmission
towers, pumping stations and communication equipment enclosures, but
excluding offices, vehicle storage, warehousing or construction staging
areas.
Transportation facilities primarily designed for the handling
of equipment, supplies, merchandise and materials of all kinds destined
for shipment, including interim storage facilities, truck terminals,
freight stations and related installations and improvements.
A building or structure devoted to the medical care of animals
by licensed veterinarians.
The periodic displacement or oscillation of the earth.
A commercial activity characterized by the warehousing, cold
storage and similar long-term retention of materials, equipment and
merchandise is bulk as well as the incidental, off-site, interim storage
of consumer goods as part of a wholesale or retail operation.
A commercial activity characterized by the sale of merchandise
in quantity to retail, manufacturing, institutional or other wholesale
establishments, including on-premises storage and distribution facilities,
but excluding bulk petroleum storage.
The lot area bounded by the front and side lot lines and the front building line, open and unoccupied except as provided in Article VIII or as otherwise permitted in this chapter.
The lot area bounded by the rear and side lot lines and rear building line, open and unoccupied except as provided in Article VIII or as otherwise permitted in this chapter.
The lot area bounded by the side lot line, side building line and front and rear yards, open and unobstructed except as provided in Article VIII or as otherwise permitted in this chapter.
Except as provided hereafter:
A.
No building or structure shall be erected, moved,
reconstructed, altered or extended and no land, building or structure
or part thereof shall be occupied or used unless in conformity with
the regulations specified herein for the district in which it is located.
B.
No building or structure shall hereafter be erected
or altered to exceed the height, to accommodate or house a greater
number of dwelling units, to occupy a greater percentage of lot area
or to have narrower or smaller rear yards, front yards, side yards
or other open spaces that are herein specified for the district in
which it is located or in regulations applicable to all districts.
C.
No part of a yard or open space required around any
building or structure for the purpose of complying with this chapter
shall be included as a part of a yard or open space similarly required
for another building or structure.
D.
All uses not specifically permitted in a district
or permitted upon obtaining a special permit or site plan review shall
be prohibited.
E.
This chapter shall not apply to any existing buildings
or structures nor to the existing use of any buildings, structures
or land to the extent to which they were legally used at the time
of enactment of this chapter. However, the terms of this chapter shall
apply to any subsequent change in use, alterations, extensions or
movement of a building or structure and to any change in use of the
land.
F.
Land use existing on the effective date of this chapter
which is unlawful under any prior applicable regulations shall be
lawful only to the extent that it complies with this chapter. However,
such compliance shall not excuse or be used to abate or enjoin the
prosecution of such unlawful conduct, whether initiated prior or subsequent
to the effective date of this chapter.
