§ 112-3. Applicability.  


Latest version.
  • A. 
    Except as hereinafter provided:
    (1) 
    No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the provisions of this chapter and the Code Enforcement Officer has issued an approved building permit.
    (2) 
    No building or structure shall hereafter be erected or altered except in compliance with all applicable provisions of this chapter.
    (3) 
    Except as expressly provided for in this chapter, no part of a yard or open space required about any building or structure for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for another building or structure.
    (4) 
    All uses not specifically permitted in a district shall be deemed prohibited.
    (5) 
    This section shall not apply to existing buildings or structures, nor to the existing use of any building, structure or land to the extent that it was a legal use at the time of enactment of this chapter. Hereafter, this chapter shall apply to any change in use, alteration, extension or movement of a building or structure and to any change in use of land.
    B. 
    Certain public uses excluded. This chapter shall not be construed to limit or interfere with the dedication, development or use of any land or building as public parks, playgrounds or schools required for compulsory education, or with the use of land or buildings owned by the United States government, State of New York, County of Erie, Village of Williamsville or the Town of Amherst and used for governmental purposes, or with the construction, installation, operation and maintenance for public utilities existing or hereafter authorized, and shall not be interpreted to permit yards, garages or structures for service or storage unless permitted within the district.
    C. 
    Interpretation of permitted uses and boundaries.
    (1) 
    If any use can be construed to be incorporated within a more general use listing, the more specific listing, if any, shall control. Where a use is first listed in a less restricted district, such use shall not be construed to be permitted in a more restricted district.
    (2) 
    No use shall be permitted in any zoning district unless stated to be permitted in a specific or generally permitted use listing for such zoning district.
    D. 
    Temporary structures or uses.
    (1) 
    Any contractor, engineer or architect may erect in any district(s) an on-site temporary structure for use incidental to construction work, for a period of time not to exceed one year. Such structure shall be removed immediately upon the completion or abandonment of the work.
    (2) 
    The temporary use of a dwelling or dwelling unit as a sales model shall be permitted in all districts.