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.
[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.