A.
An existing use, building and/or lot which is lawful on the effective
date of this original chapter and is made unlawful by this original
chapter or which is lawful under the provisions of this chapter as
originally enacted and is made unlawful thereafter by an amendment
to this chapter shall be known as and referred to herein as a "nonconforming
use," with the exception of specific uses listed elsewhere in this
section.
B.
With the exception of specific uses listed elsewhere in this section,
a nonconforming use may be continued, provided that such continuation
remains the same in extent and nature as of the time when such use
becomes nonconforming.
C.
The nonuse of a nonconforming use for a period of one year shall
be deemed an abandonment of such use, and it shall not thereafter
be resumed except with permission of the Zoning Board of Appeals.
D.
A nonconforming use may be extended or enlarged on the same premises,
upon compliance with all other provisions of the Zoning Ordinance
and the Town of Elma Building Code,[1] provided that:
(1)
If the use to be extended or enlarged is of a commercial nature,
the extension or enlargement shall be upon express permit of the Zoning
Board of Appeals after a public hearing.
(2)
If the use to be extended or enlarged is of an industrial nature,
such extension or enlargement shall be with written consent of 75%
of all property owners within an area of 500 feet in all directions
from the property involved and upon express permit of the Zoning Board
of Appeals after a public hearing.
E.
Where any building has been damaged by fire or other cause to the
extent of more than 75% of its physical value, it shall not be repaired
or rebuilt, except as provided in this chapter and the Elma Building
Code;[2] provided, however, that a building so damaged, which housed
a nonconforming use, may be rebuilt on existing foundations upon compliance
with all other provisions of this chapter and the Building Code.
F.
The following nonconforming uses may be continued for a period of
three years, provided that after such period any such nonconforming
use shall become an unlawful use and shall be terminated:
(1)
In any residential, agricultural or commercial zone, any nonconforming
use (except the cultivation of soil or maintenance of areas for the
raising or growing of crops, plants, horses and cows) not in an enclosed
building. This provision specifically includes, but is not limited
to, a junk business or junkyard, auto wrecking and dismantling and
the outdoor storage of motor vehicles which do not qualify for a New
York State inspection sticker but is not intended to prohibit the
storage of usable, uninfluenced motor vehicles used for farming purposes.
G.
A nonconforming use which is dangerous or hazardous to persons and/or
property shall become an unlawful use and shall be terminated within
30 days after said use is prohibited.
A.
All structures shall meet the rules and regulations of the New York
State, Erie County and local Health Departments in providing for nonpublic
drinking water supplies and disposal of sewage wastes. On account
of the varying topographical and soil conditions existing in various
zones in the Town, the Zoning Enforcing Officer shall see that in
issuing permits, with the aid and assistance and recommendation of
the State, County and Town Health Departments, that all nonpublic
water supply and new or modified sewage disposal systems shall be
approved by the Erie County Department of Health.
C.
Any structure vacated for a period of six months or more may not
be reoccupied until all sanitary requirements of the Erie County Health
Department are complied with, nor may such premises be reoccupied
or water service be resumed by the Elma Water Department until the
premises have been inspected by the Elma Building Inspector.
[Amended 11-5-1986 by L.L. No. 8-1986]
For regulations pertaining to topsoil, see the Gravel Pit Ordinance.[1]
Roadside stands shall not be permitted except as defined in § 144-14, Farm produce stands.
A farm produce stand is a booth, shed, structure or erection
used or intended to be used for the sale of farm produce, at least
50% of which has been grown on the premises, and is capable of being
taken down and shall be removed when not actually used for sale purposes.
Any part of such a stand shall be set back at least 15 feet from the
road line, shall have an area of not more than 250 square feet and
shall not exceed 10 feet in height. Each such stand shall have an
area for parking purposes, at least 25 feet in depth and 40 feet in
width, parallel to the road line and not within the paved portion
of the highway right-of-way. The Town Board may order removal on five
days' written notice for misuse, objectionable use, traffic hazard
or where such use unreasonably interferes with the use and enjoyment
of adjacent or nearby premises. Failure to remove after issuance of
such notice shall constitute a violation of this chapter.
No auto dump, old car storage yard, salvage yard, dump, slaughterhouse,
fertilizer plant or other offensive business shall exist or be permitted
to exist, except that such uses may be permitted in an Industrial
Zone with special permission of the Zoning Board of Appeals after
a public hearing.
A.
All buildings shall meet the minimum requirements of the Building
Code of the Town of Elma[1] and amendments made thereto from time to time. Buildings,
accessory buildings and yards are to be so arranged and constructed
as to conform in general appearances to the standard of the neighborhood
in which they are located. No existing building and/or accessory building
may be attached by breezeway or passageway to be used as a residence,
except by specific permission of the Zoning Board of Appeals.
B.
Any use permitted elsewhere in this code, excluding residential use
in any zone, shall be reviewed by the Planning Board prior to the
application of use as to the appearance and type of construction as
to be compatible with adjoining properties and upon final approval
by the Town Board, after hearing in front of the Board.
[Added 6-7-2000]
No accessory building shall be constructed nearer to the front or side lot lines than is provided for in the regulations limiting height, bulk and arrangement of buildings. (See Article XI.)
A.
There shall not be erected any signs in any zone in the Town of Elma
except as allowed in the separate zones. (Refer to zones for size
allowable.) Permission for the erection of a sign of larger size than
is allowed in a particular zone requires the special permission of
the Zoning Board of Appeals.
B.
Any abandoned sign may be removed by the Building Inspector or at
his direction, provided that due notice to remove said sign is given
in person or by regular mail to the last known owner, with a reasonable
opportunity for said owner to remove. A sign shall be deemed "abandoned"
when it advertises a product or activity no longer in existence at
the location or when the sign or its supporting structure is in obvious
need of repair or presents a hazard to others. Removal must be effected
without committing a trespass, and all costs associated therewith
shall be assessed to the property owner.
[Added 3-19-1986 by L.L.
No. 5-1968]
All openings and excavations made in any part or portion of
the Town of Elma nearer than 50 feet from the highway line shall be
fenced or guarded to prevent damage to humans and animals. Upon failure
of the owner to comply on written notice, the work will be completed
by the Town and the cost thereof charged to the owner.
For regulations pertaining to gravel pits, see the Gravel Pit
Ordinance.[1]
Upon petition, the Town Board, after due notice and public hearing,
has the power to, and may, authorize the construction and use, in
any of the zones outlined, of public or semipublic buildings, such
as Town halls, public libraries, railroad stations, aviation fields
and such other buildings, oil and gas transmitting companies and utilities
as may seek permits.
Within any zone a hospital or sanatorium intended and operated
primarily for the treatment of patients may be permitted upon the
approval of the Town Board after due notice and public hearing and
subject to the following conditions:
A.
If such hospital or sanatorium is intended to care for any cases
of contagious or infectious diseases or is designed for the treatment
of tuberculosis patients or those suffering from mental disorders,
all the structures which form such hospital or sanatorium shall be
not less than 500 feet from any property or street line, except on
permission of the Town Board after public hearing.
B.
If such hospital or sanatorium is not for the treatment of any such
contagious diseases or for tuberculosis or mental patients, any building
thereof may be situated not less than 200 feet from any property line.
Within any zone a cemetery may be permitted upon approval of
the Town Board after due notice and public hearing and subject to
the following conditions:
A.
That there shall be filed with such application the consents, in
writing duly acknowledged, of the owners of record of 50%, measured
linearly around the boundaries, of the property contiguous to the
property for which such permit is sought.
B.
That at least 10 days' written notice of such pending application
shall be given by mail by the Town Clerk to all persons recorded on
the last preceding assessment roll as owning property within 2,500
feet of the property for which such permit is sought, and such service
of notice by mail to such property owners shall be deemed to have
been duly effected when duly stamped envelopes containing such notices
and addressed to their last known address shall have been duly deposited
in the mail.
C.
That no graves within such cemetery area nor structure shall be nearer than 10 feet to any property line and that such ten-foot strips along the edges of any such cemetery shall be suitably landscaped and planted so as to screen such cemetery from view so far as practicable, except as covered in § 144-10, relating to nonconforming uses.
D.
No interment, except where nonconforming uses intervene as covered in § 144-10, shall be made in any cemetery or other place of burial within 250 feet horizontal measurement from the high water mark or precipitous bank of any lake, pond or reservoir or of any spring, stream or watercourse within the Town of Elma.
No sign, fence, wall, hedge, shrub planting or tree foliage
which obstructs vision at elevations between three and seven feet
above the street level shall be placed or maintained within the triangular
area formed by two intersecting street lines and a line connecting
points thereon 30 feet distant from their point of intersection.
For regulations pertaining to riding, boarding and livery stables and dog kennels, see § 144-58A(4).
Except by permission of the Town Board and after a public hearing,
no public picnic ground may be established or operated for gain in
any zone. Property owners' own personal or family use is not prohibited
by this section.
All utility lines shall be maintained underground insofar as
is reasonable and possible. In approving new subdivisions, the Planning
Board may require that all new lines shall be carried underground
or on poles located at the junction at the rear of lots instead of
on road rights-of-way, except where existing poles may be used.
[1]
Editor's Note: Former § 144-28, Taverns and clubs,
was repealed 1-19-1983.
No trees, fences, shrubs or other foreign objects shall be placed
in a highway right-of-way.
Any use, activity, operation or facility not specifically authorized
or permitted by this chapter may be permitted only with the approval
of the Town Board after public hearing unless prohibited herein.
No lot area shall be reduced or diminished so that the yards
or other open spaces thereon shall be less than prescribed by this
chapter, nor shall the population density be increased in any manner
except in conformance with area requirements herein established.
No yard or open space provided for one lot for the purpose of
complying with this chapter shall be considered as providing open
space or yard required on any other lot.
In no zone shall a driveway be closer than two feet from a lot
line.
A.
Any use prohibited in an Industrial Zone is prohibited in Residential
A, B and C and Commercial Zones.
B.
Any use prohibited in a Commercial Zone is prohibited in Residential
A, B and C Zones.
C.
Any use prohibited in a Residential C Zone is prohibited in a Residential
A and B Zone.
D.
Any use prohibited in a Residential B Zone is prohibited in a Residential
A Zone.
