Except as hereinafter provided:
A. No building, other structure or land shall hereafter
be used or occupied, and no building or other structure or parts thereof
a 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 any
subsequent amendments increasing the area or open space requirements,
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.
The regulations of this chapter shall not be
construed 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 State of New York, the County
of Erie or the Town of Hamburg 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, oil pipelines, 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 State of New York, the County
of Erie or the Town of Hamburg. 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 Planning Board as to location, type of structure, a effect
upon adjacent properties and proximity to similar use areas. The Town
Planning Board may prescribe conditions which it deems necessary or
desirable and may require a site plan of the proposed installation.
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.