In all districts:

In residence districts: Accessory off-street parking areas shall be paved in accordance with the municipal specifications.

In nonresidential districts: Accessory off-street parking areas may be located within required front, side, or rear yards.

Nothing herein contained shall restrict the height of the following: church spire, cupola, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, silo, stage tower, or scenery loft, radio or television tower, or similar structure.

No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:

The following accessory structures may be located in any required front or rear yard:

The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:

Every part of a yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.

Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

In all residence districts, where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, or 25% of the opposite block frontage across the street, the front yard at the front of such proposed building shall be required to exceed the minimum dimension stipulated in this chapter for the district in which it is situated, in cases where the average alignment of the two nearest buildings within such 200 feet on the same side of the street 25% improved, or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed in the district in which such proposed building is situated. The provisions of this subsection shall not apply to the required side yard on the street side of a building on a corner lot.

In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:

In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:

In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.

In the layout of a development of garden apartments or other multiple dwellings on a lot or tract of land, a horizontal distance of not less than 20 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings; and between all main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a main building.

The above requirement of Subsection A need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor of the other building.

Minor accessory buildings shall meet the requirements of § 270-9.1.

Statement of purpose. The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighbors; to conserve established property values; and to contribute to the general welfare.

Minimum schedule. Every dwelling or other building, other than a mobile home located in a licensed mobile home court, devoted in whole or in part to a residential use, which is hereafter erected or converted to accommodate additional families, shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of this section. The minimum stipulated herein shall be deemed to be exclusive of unenclosed area, and basement and cellar rooms and areas.

First floor area of a dwelling. The minimum first floor enclosed area of a dwelling other than a mobile home located in the MHP District, exclusive of garage or other accessory building, shall be 500 square feet, and its least overall dimension shall be 20 feet.

Schedule of permitted fences and walls. The following schedule of permitted fences and walls shall apply according to the district in which the lot is located on the Zoning Map, whether such lot is used for a permitted use or for a special exception use, except where the Planning Board or Board of Appeals may require special treatment. Any fence or wall erected in accordance with these regulations shall be constructed so that the good side or best appearance of the material faces the adjacent neighbor.

Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence; excepting that there is a retaining wall, and further excepting that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of the schedule contained in Subsection A.

Along the shore of Lake Ontario and the banks of Eighteen Mile Creek, all buildings and structures shall be set back at least 100 feet from the main water level line as established by the Town of Newfane, except for bulkheading and other marine structures approved by the Town of Newfane.

Along all other drainage lines established in the Niagara Country Internal Drainage Study, all buildings and structures shall be set back at least 50 feet from the center line of the drainage channel.

Minimum required transitional side and rear yards within nonresidential districts adjoining residence districts shall be 30 feet.

Minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade-type fence or equal to be erected and maintained by the nonresidential property lines; provided, however, that the Board of Appeals, subject to the applicable provisions of § 270-13.4, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.

Only agricultural and garden products grown exclusively within the Town of Newfane may be displayed and sold.

No permanent structures may be erected or maintained for such use except upon approval of the Planning Board.

Produce stands and displays of products shall not be located nearer than 20 feet to the paved portion of the highways.

Adequate parking areas shall be provided off the paved portion of the highway.

All produce stands shall be conducted in a neat and sanitary manner.

Chapter 1040 of the Laws of 1965 sets forth a whole new prodcedure required to be followed by each town, city, and village of the state to regulate automobile junkyards. This new law becomes § 136 of the General Municipal Law and is effective in the Town of Newfane. The statute defines a "junkyard" as:

". . . any place of storage or deposit, whether in connection with another or not, where two or more unregistered, old, or secondhand vehicles, no longer intended or in condition for legal use on the public highway, are held, whether for the purpose of resale of used parts therefrom for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same or any other purpose, such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which taken together equal in bulk two or more such vehicles provided however, the term junk yard shall not construe to mean an establishment having facilities for processing iron, steel, or non-ferrous scrap and whose principal product is scrap iron, steel, or non-ferrous scrap for sale for remelting purposes only."

Any person wishing to conduct such a junkyard business must obtain a license and, in towns with zoning, a certificate approving the location of this yard, also.

Of special interest are the fencing requirements of this statute. Before use a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens and with a suitable gate which shall be closed and locked except during working hours of such junkyards or when the applicant or his agent shall be working within. Such fence shall be erected not nearer than 50 feet to a public highway. All motor vehicles and parts thereof stored or deposited by applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of business. All wrecking or other work on such motor vehicles and parts and all burning of the same within the vicinity of the junkyard shall be accomplished within the enclosure.

Where the topography, natural growth of timber or other considerations are adequate, the fencing requirement may be reduced by the Town Board upon granting the license. New junkyards may not be within 500 feet of a church, school, hospital, public building or place of assembly.

An already established yard owner must make an application for a license and pay the fee of $25 and get a license. His yard must meet the fencing and other requirements imposed on a new yard within three months.

Cluster development is intended to encourage flexibility in the siting and subdivision design of residential development for the creation of attractive, economical and environmentally sound land use. This regulation allows for the clustering of residential development to preserve or protect land with unique natural characteristics or physical attributes, or to provide recreation opportunities for the community.

Cluster development shall be applicable in the AR, RR, R-1, R-2, R-3, VB and PRD Districts. Development within each district shall be subject to the uses, structures and dimensional requirements of the district where the cluster lies, except as provided herein. While generally limited to the cluster of housing, cluster development may also pertain to office and commercial structures in the VB District.

Any use of the cluster provisions as provided herein shall require the approval of the Planning Board pursuant to the regulation of the Town of Newfane Subdivision Ordinance. Cluster development may be required by the Planning Board as a condition of site development in order to conserve a specific area as defined in these regulations.

The following regulations shall apply to all cluster development as provided for in this section:

Grouping length. The maximum group length of townhouse units in a continuous or adjoining cluster is 120 feet or six contiguous units. There shall be an offset every two units of at least 10 feet in the exterior wall facing the street. This produces at least two offsets in groups of five or more and one offset in groups of three units.

Unit size. Every townhouse shall be 800 square feet or more in total livable floor area, and the average unit size of any townhouse cluster shall be 1,000 square feet.

Height. The maximum height of any townhouse shall be 2 1/2 stories, not to exceed 35 feet.

Minimum development area/density. The minimum area for any townhouse development shall be one acre, either as an individual use or cumulatively as part of a mixed development. Each townhouse unit shall have a lot area of 5,000 square feet reserved, of which 2,000 square feet is dedicated as common area for recreation and open space. Gross density of development shall not exceed 8.0 units per acre.

Street access. Each townhouse cluster or group shall have access to a public street via a paved public or private right-of-way accessible by emergency and service vehicles. Any recreation or open space dedicated for public use shall be similarly accessible to an improved public or private street.

Utility services. Townhouse units shall be served by public sewer and water. Utility services shall be separately provided to each unit, and heating, ventilation and air-conditioning systems shall be provided to each unit so that no townhouse will in any way be dependent on or through any other unit for such services or utilities.

Parking, drives and walks. A minimum of two off-street parking spaces shall be provided for each unit, either on the lot of each unit or in common parking areas available within 300 feet of the unit for which they are intended. All parking areas, drives, walkways and private streets shall be paved and provisions made for continual maintenance by the development. Walkways shall be provided along the street front of each townhouse group and linked to parking and recreation areas.

Recreation areas. Every townhouse development shall create and maintain a common recreation area for active and passive activities. Such areas may be provided within the development or in joint with a contiguous development, subject to approval of the Planning Board. The recreation area shall consist of a minimum of 800 square feet for each unit in the development and be not less than 1/2 acre in minimum area. Such areas shall be developed and maintained by the townhouse development.

Dimensional requirements. Townhouse development shall conform to the following minimum development standards:

Supplemental dimensional regulations.

Required improvements.

Streets.

Water and sewer facilities.

Lighting. Public areas of mobile home parks shall be adequately lighted so as to permit safe movement of vehicles and pedestrians at night.

Playgrounds. Each mobile home park shall provide park and/or playground space, specifically and exclusively for that purpose, at a rate of 2,000 square feet per mobile home lot and a minimum of 20,000 square feet per park. Playground and recreation areas may be consolidated with adjacent facilities of at least the size provided herein and subject to approval of the Planning Board.

Mobile home additions. No structure shall be affixed to any mobile home in a mobile home park nor shall any accessory structure be permitted on any mobile home lot except those structures as required by this chapter. The prohibition herein against any addition or accessory to a mobile home shall not apply to a canopy or awning designed for use with a mobile home nor to any expansion unit or accessory structure specifically manufactured for mobile homes.

Registrations.

Site plan required. Before a building permit shall be issued or construction begun on any permitted use in this district, detailed site plans indicating compliance with the substantive provisions of this chapter shall be submitted to the Planning Board and approved in accordance with this chapter.