No yard or court may be used and no building or part thereof may be constructed, moved, extended, altered or used except in conformity with the provisions of this chapter.
[Amended 9-16-1992 by L.L. No. 2-1992]
A. 
The lawful use of a building or a building lot laid out and conveyed and existing on the effective date of this chapter or amendment thereto or authorized by a building permit issued prior thereto may be continued although such use does not conform with the provisions of this chapter, and such use may be extended throughout the building. No nonconforming use shall be extended so as to displace a conforming residential use. A nonconforming use may be changed to a conforming use or to a use of a higher classification according to the provisions of this chapter. Whenever a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a conforming use or to a use of higher classification, provided that all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification. No building which has been damaged by fire or other causes to the extent of 2/3 of its value shall be repaired or rebuilt except in conformity with the regulations of this chapter.
B. 
The Code Enforcement Officer may permit the construction of a building on a lot which does not meet the minimum area requirements of this chapter, provided that the lot is owned by the applicant, and provided further that the ownership was of record prior to the adoption of this chapter, as amended. No such permit shall be granted if the applicant is the owner of adjoining vacant property so that he could easily comply with the requirements of this chapter.
[Added 5-9-1979 by L.L. No. 2-1979]
Except as hereinafter specified in this article, yards and courts required under this chapter shall be entirely free of buildings or parts thereof, except that in any residence district an open porch may extend into the required front yard not over eight feet.
A. 
Ground-story bay windows, oriels or balconies having a combined total width not exceeding 1/2 of the length of the wall to which they are attached may project not more than three feet into any required rear yard or into any required side yard which is over six feet wide. An open porch or porte cochere not over one story high may project into any required side yard, provided that it does not come nearer the side lot line than a distance equivalent to 1/2 of the width of the side yard required as a minimum for that lot.
B. 
No porch, oriel, bay window, balcony, port cochere or stairway constructed under the provisions of Subsection A shall have a width of a greater dimension in excess of twice the distance of its projection.
A. 
The requirements of this chapter respecting yards and courts and projections shall not apply to any accessory retaining wall nor to any fence or wall which is less than six feet high, except that no solid wall or solid fence 3 1/2 feet high may be constructed in a front yard within 50 feet of the junction of an intersecting street line with the front lot line of the lot in question. No fence or hedge or any other obstruction shall be located or constructed in such a manner as to shut off light and air from any building or which may cause danger to traffic on a street or road by obstructing the view.
[Amended 3-11-1997 by L.L. No. 1-1997]
B. 
The above provisions shall not in any way limit the application of § 136 of the New York State General Municipal Law and its mandatory requirements as to fencing.
[Added 4-12-1988 by L.L. No. 1-1988]
A. 
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year or on land subject to periodic overflow.
B. 
No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building, paved parking area or farm ponds on such premises and excavation or grading incidental thereto.
C. 
Existing natural features, such as trees, brooks, drainage channels and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
[Amended 9-16-1992 by L.L. No. 2-1992]
No storage of Class I or Class II flammable liquid or gas, as defined herein, in quantities exceeding 300 gallons shall be hereafter established except in a district where permitted and in conformance with the State Uniform Fire Prevention and Building Code, as certified by the Town Code Enforcement Officer.
Dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Town Board and the Erie County Department of Health. Any new or modified facilities for the treatment, storage or disposal of sewage, including excreta, bath, sink and laundry wastes or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of the New York State and Erie County Departments of Health. Careful consideration shall be given to the location and construction of private water supplies to assure adequate protection of such supplies.