Ontario City Zoning Code
ARTICLE XVII
Special Provisions Applicable in All Districts.
§ 150-59 Off-street parking.
A.
Off-street parking requirements. For each structure and/or use hereafter established, constructed, reconstructed or enlarged, reasonable and adequate parking shall be provided and maintained on the same lot as the structure and/or use. Parking spaces shall be a minimum of nine feet in width by 18 feet in depth.
B.
Bus parking. School or church buses shall not be parked overnight on residential property except for duly employed bus drivers unless approval to do so has been granted by the Zoning Board of Appeals.
C.
Outside storage of unregistered vehicles in RR, SR and UR Districts. Except for farm vehicles, no more than one vehicle per parcel shall be stored on a single property without the current State of New York registration tag.
§ 150-60 Signs.
A. EVENT SIGN SUBSTANTIAL MODIFICATION SUBSTANTIAL RECONSTRUCTION TEMPORARY SIGN
The following shall define words and phrases used in this section:
Any happening or occurrence of a limited duration, including, but not limited to, the sale or lease of a property; a real estate development; meetings, conventions and other assemblies; an election; a referendum; a garage, estate or yard sale; the erecting or repairing of a structure on the premises; and the like.
Any name, identification, description, display, illustration, symbol, logo, statue or device, illuminated or nonilluminated, which is visible from any public place, designed to advertise, identify or convey information, and/or used for the purpose of directing the public's attention to an object, product, service, place, activity, person, institution, organization or business. Displays of merchandise in storefront windows at regular mercantile establishments shall not be considered signs; however, a false window or window box affixed to the exterior of a structure is a sign.
Any change in the configuration, orientation, illumination, or purpose of the sign.
The removal and replacement of more than 51% of the existing signage surface area or structural elements.
Any sign that is not otherwise permitted by this section.
B.
General regulations.
(1)
Except as otherwise provided, no person shall erect, substantially modify, relocate or substantially reconstruct any sign having an area of 32 square feet or more without first obtaining a sign permit from the Code Enforcement Officer. The foregoing requirement shall not apply to a change in the content only of an existing sign.
(2)
All signs having an area of 32 square feet or more and signs for two or more separate business establishments on the same lot or in the same building shall require approval of the Planning Board, either as part of site plan review or a separate sign plan review. In approving such signs, the Planning Board shall consider its location, color(s), lettering, size, overall design and its compatibility with the structures on the lot, adjoining lots and the neighborhood.
(3)
Except for signs erected by a governmental body or agency, all permitted signs shall be placed only on the property that relates to the purpose of the sign.
(4)
No sign permit shall be required for the repainting or repairing of a sign in conformance with the provisions of this section.
(5)
No sign shall interfere with a clear view of intersecting streets.
(6)
Except as otherwise required by this section, all signs shall be located at least 10 feet from any property line.
(7)
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.
(8)
No sign shall be flashing, revolving or mechanically animated.
(9)
The provisions of this section shall not apply to street identification numbers.
(10)
All signs, including their supports, shall be maintained in good repair and be in legible condition. The Code Enforcement Officer may order the removal of any sign that is not maintained in accordance with the provisions of this section.
(11)
Signs that are an original part of the architectural fabric of the structure, such as a date or name of building, may remain without reduction in the number of signs or square footage of signs otherwise allowed.
(12)
No facade sign shall be erected or maintained a distance of more than 12 inches from the farthest front or face of a building.
(13)
Advertising display upon any structure shall be regarded as a sign subject to this regulation. The foregoing shall not apply to signs placed in windows.
(14)
No sign illumination, either internal or external, shall be erected or used so that light will directly reflect toward residences on adjoining lots, toward residential districts within 1,000 feet or toward a highway so as to create a traffic hazard.
(15)
No sign shall obstruct any fire escape, window or other opening used as a means of egress for firefighting purposes or for ventilation. No sign shall be placed on any sidewalk, hydrant, lamppost, tree, utility pole, fence or on other public property except as permitted by other provisions of this section.
(16)
No structural element of any sign (conforming or nonconforming) may be changed unless the resulting sign complies with the provisions of this section.
(17)
Any sign existing on or after the effective date of this section which no longer advertises an existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Code Enforcement Officer, upon determining that any such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located.
C.
Regulations applicable to all zoning districts.
(1)
Signs for shopping centers.
(a)
Shopping centers containing more than six business establishments and having over 50,000 square feet of gross floor area shall be permitted to have one shopping center identification sign, which must be placed at least 15 feet from the road property line, which must be freestanding, and the area of which shall not exceed 125 square feet. Each single establishment shall be allowed one facade sign equal to 15% of the facade, not to exceed 125 square feet.
(b)
Individual service signs of one foot by four feet each, maximum, may be attached to the above allowed freestanding sign. The lettering shall be no more than eight inches high.
(2)
Directional or identification/announcement signs of schools, churches, service organizations or other nonprofit enterprises are permitted. Such signs shall not exceed 16 square feet in area and may be freestanding or attached to the building.
(3)
Signs at an entry street not exceeding 16 square feet, not exceeding 20 feet in height and placed at least 10 feet from the road property line are permitted for identification of residential subdivisions or multifamily developments.
(4)
Industrial parks and office complexes shall be allowed a freestanding sign, not to exceed 20 feet in height, placed at least 10 feet from the road property line. The sign shall be limited to 48 square feet, and an identification sign for each tenant, limited to four square feet, may be located on the freestanding sign.
D.
Allowed signs in rural and residential districts.
(1)
A single, nonilluminated sign of one face or two faces identifying a permitted home occupation, which may not be more than two square feet in size on each face and may be six feet in height freestanding or eight feet in height attached to and parallel with a principal building facade.
(2)
Where products are grown on a premises and offered for sale, a single sign offering such products for sale, which may be illuminated by white light and may be six feet in height freestanding or eight feet in height when attached to the building and may not be more than six square feet in area on each face for the sale of products grown on the premises; except that on a corner lot, two such signs, one facing each street, are permitted.
E.
Allowed signs in Business, Business Transitional and Industrial Districts.
(1)
Total permitted signage on a lot shall not exceed 15% of the area of the business portion of the building facade facing the street, except that buildings with a facade on Route 104 may have total signage not exceeding 20% of the road frontage on Route 104, if greater.
(2)
No single sign attached to a facade shall exceed 48 square feet and no single freestanding sign shall exceed 60 square feet.
(3)
A freestanding sign may not exceed 20 feet above finished grade.
(4)
A sign attached to a facade may not exceed 16 feet above finished grade and may not extend above the height of the building.
(5)
Overhanging signs are permitted only upon obtaining a special permit therefor pursuant to the provisions of this subsection.
F.
Exempt signs.
(1)
The following types of signs are exempt from the provisions of this section, provided that such signs comply with the requirements of this subsection:
(a)
Historical markers, tablets and statues; memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations.
(b)
Flags and insignia of any government.
(c)
On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs.
(d)
Nonilluminated warning, private drive, posted or "no trespassing" signs, not exceeding two square feet per face.
(e)
An on-premises sign, either freestanding or attached, in connection with any residential building in any district, for permitted professional offices or home occupations. Such sign shall state the name and vocation only.
(f)
In nonresidential districts, aerial searchlights, for a period of operation of no more than six hours per twenty-four-hour period and not more than twice annually.
(g)
Numbers and nameplates identifying residences, mounted on the house, apartment or mailbox, not exceeding one square foot in area.
(h)
Lawn signs identifying residences, not exceeding one square foot per face. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.
(i)
Integral graphics or attached price signs on gasoline pumps at automotive service stations.
(j)
Seasonal and holiday decorations, including lighting.
(k)
Murals or similar designs, images, or expressions on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to, paintings, markings, and etchings, and does not include any on- or off-site advertisement for a commercial, industrial or other nonmunicipal entity, person or corporation.
(2)
Unless otherwise specified, all exempt signs shall conform to the following standards:
(a)
The maximum height shall be four feet above grade.
(b)
All exempt signs shall be a minimum of 10 feet from any property line.
(c)
Maximum sign area per face: six square feet in the RR District; 16 square feet in all other districts, for a total of 32 square feet per lot.
(d)
The maximum number of exempt signs is four per lot.
G.
Temporary signs.
(1)
Temporary signs may not be erected in any public right-of-way or on public property, including on trees, fences, utility poles, bridges, fire hydrants or traffic signs located on such public right-of-way or public property.
(2)
Temporary signs shall not be located within 10 feet of the edge of pavement, and in no way shall they interfere with or obstruct the view or free passage of pedestrian or vehicular traffic or obstruct any fire hydrant.
(3)
The owner and/or occupant of the property on which such signs are erected and/or displayed shall consent to the erection of such signs and shall be responsible for their removal.
(4)
Temporary signs allowed by this section specifically do not include signs for the sale of goods or merchandise of any business.
(5)
Temporary signs may not be illuminated.
(6)
In residential districts, the amount of temporary signage that may be erected per lot at any time shall not exceed four signs. No one sign shall exceed eight square feet, and the total signage shall not exceed 32 square feet.
(7)
In nonresidential districts, the amount of temporary signage that may be erected per lot at any time shall not exceed four signs. One sign may be up to 12 square feet. All remaining signs shall not exceed eight square feet, each, and the total signage shall not exceed 32 square feet.
(8)
Temporary signs relating to an event shall be removed by the owner or occupant of the property no later than four days thereafter.
H.
Nonconforming signs.
§ 150-61 Wetlands.
A.
Notwithstanding any provisions of this chapter to the contrary, the use of all wetlands in the Town of Ontario, as set forth on any wetland map that may be duly adopted by the Town Board or the Wayne County Planning Board or the New York State Department of Environmental Conservation pursuant to Article 24 of the State Environmental Conservation Law or by any agency of the United States government shall be subject to the provisions of this section and any other applicable regulations of Wayne County, New York State, the United States government and the United States Army Corps of Engineers.
B.
Purpose. The purpose of these wetland regulations is to preserve and protect designated wetland areas in the Town of Ontario in order to reduce siltation and pollution in downstream water resources, ensure the continuation of the natural flow pattern of watercourses, reduce the potential for flooding, retain essential breeding, nesting and feeding grounds as well as predator-escape cover for wildlife and to protect the public health, safety and general welfare by ensuring that wetland resources will be maintained in their naturally functioning state.
C.
Permitted uses. Within a designated wetland, the following uses are permitted, subject to the provisions of § 150-61D of this regulation and federal and New York State rules and regulations as administered by the United States Army Corps of Engineers and New York State Department of Environmental Conservation.
(1)
Grazing and watering of livestock.
(2)
Growing agricultural products.
(3)
Harvesting natural products of the wetlands.
(4)
Selectively cutting timber and draining the wetland for the purpose of growing agricultural products, except that any structure which is not directly related to enhancement of agricultural productivity or which involves filling the wetland shall be considered a special use. (See § 150-61D.)
(5)
Activities related to public health and the orders and regulations of the New York State Department of Health.
(6)
Development in accordance with planned unit development provisions where wetlands are to be maintained as open space and where the Planning Board determines that such development will not despoil said wetland.
D.
Special uses. Within a designated wetland, the following uses are permitted by special permit, subject to any applicable provisions of § 150-43 of this regulation and federal and New York rules and regulations as administered by the United States Army Corps of Engineers and New York State Department of Environmental Conservation.
(1)
Any form of drainage, dredging or excavation of the wetland except as may be provided for in § 150-61C above.
(2)
Construction or reconstruction of any structures or roads that might otherwise be permitted in the zoning district in which the wetland is located.
(3)
The driving of piles or placement of any obstructions for any purpose.
E.
Procedure. Each landowner or user who intends to conduct a permitted use on a wetland as set forth in § 150-61C shall obtain a permit from the State Department of Environmental Conservation or appropriate governmental agency and shall notify the Code Enforcement Officer of his intention, stating the location and approximate acreage to be affected, the intended use for such land and the methods to be employed. The Code Enforcement Officer shall be satisfied that the intended use is permitted. Any question of compliance or interpretation shall be submitted to the Zoning Board of Appeals for determination in accordance with § 150-81 of this regulation.
§ 150-62 Floodplains.
See Chapter 84 of the Code of the Town of Ontario for regulations regarding floodplains.
§ 150-63 Mobile homes and mobile home parks.
A.
Annual license required for mobile home parks.
(1)
It shall be a violation of this chapter for any person to construct or operate a mobile home park without first securing a license from the Town Board as provided in the law of the State of New York. All mobile home parks shall comply with the regulations of this chapter.
(2)
The application for an annual license or renewal thereof shall be accompanied by a fee as set forth in the Fee Schedule of the Town of Ontario. Such application shall be filed with the Town Clerk on forms prescribed by the Town and shall include the name and address of the owner in fee title of the tract. If fee title is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him/her to construct or maintain the mobile home park shall accompany the application. Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.
B.
Application for a mobile home park license. Any applicant for a mobile home park license shall state that he/she, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park and shall provide copies of maps, plans and documents showing:
(1)
Boundaries of the park area.
(2)
Entrances, exits and walkways.
(3)
Mobile home sites or lots.
(4)
Method and plan of sewage disposal.
(5)
Method and plan of garbage and refuse disposal.
(6)
Method and plan of water supply.
(7)
Method and plan of lighting.
(8)
Landscape plans.
(9)
Owners' and operators' names and addresses.
(10)
Park rules and regulations.
(11)
Register of park occupants.
(12)
Detailed map of each lot.
C.
Park plan.
(1)
A mobile home park shall have an area of not less than 25 acres, and no mobile home lot or office or service building shall be closer than 100 feet to the public highway or other property line. The 100 feet shall constitute a buffer zone which must be maintained by the park owner and shall be in accordance with the site plan approval by the Town of Ontario Planning Board.
(2)
A mobile home park shall be located on a well-drained site suitable for the purpose, with all roads constructed and paved to a width of at least 20 feet.
(3)
Individual mobile home lots shall have an area of not less than 6,000 square feet, with a minimum width of 60 feet.
(4)
No mobile home or portion thereof shall be placed closer than 25 feet to any other mobile home or portion thereof.
(5)
The total number of mobile home lots shall not exceed five per gross acre.
(6)
In all parks accommodating or designed to accommodate five or more mobile homes, there shall be one or more recreation areas which shall be easily accessible to all park residents.
(a)
The size of such recreation area shall be based upon a minimum of 200 square feet for each lot. No such recreation area shall contain less than 5,000 square feet.
(b)
Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.
D.
Additional provisions.
(1)
Maintenance. All service buildings and the grounds of the park shall be maintained in a clean, sightly condition that will not endanger the health of any occupant or the public or constitute a nuisance.
(2)
Registration.
(a)
The licensee shall keep a record of all occupants of the park, noting the name and address of each occupant, the license numbers of all units, if licensed, and the state issuing such license.
(b)
The licensee shall keep a copy of the register available for inspection at any time by any authorized person and shall not destroy such registry until the expiration of 12 months from the date of registration.
(3)
Revocation or suspension of license.
(a)
The Town Board shall have the authority to enter and inspect for health, sanitary and other provisions of this chapter any facility licensed hereunder at any reasonable time.
(b)
If, upon inspection, it is found that the licensee has violated any provision of this chapter, the Town Board shall have the power to suspend such license and order any mobile home removed or the mobile home park closed after notice and an opportunity to be heard.
(4)
Parking spaces. Parking spaces shall be provided at the rate of at least one parking space, with a minimum width of nine feet and a minimum depth of 18 feet, for each mobile home lot, plus one additional parking space for each two lots in the mobile home park.
(5)
Roads and hydrants shall be kept free of snow and ice by the licensee.
§ 150-64 Keeping of animals.
A.
Except for chickens, as provided for in this section, no animals, birds, fowl or poultry shall be housed or kept on any nonfarm residential premises, except customary household pets. Such pets shall be housed in such a manner as not to create an annoyance to surrounding properties.
B.
Dogs housed on said premises are subject to the provisions of Chapter 62 of this Code and all applicable state laws regulating and licensing animals.
C.
The keeping of chickens is permitted on a residential property in all districts, except the Industrial (I) District, under the following conditions:
(1)
Only female chickens (hens) may be kept. The keeping of male chickens (roosters) is prohibited.
(2)
The maximum number of chickens allowed, per lot size, is as follows:
(a)
Under 1/2 acre: six chickens.
(b)
At least 1/2 acre but less than one acre: eight chickens.
(c)
At least one acre but less than three acres: 12 chickens.
(d)
Three acres or over: 18 chickens.
(e)
On a residential lot in a planned unit development, chickens may be kept only in the number specifically allowed by approval of the Town Board.
(3)
Chickens must be confined at all times in a building (coop) or fenced enclosure.
(4)
The coop and fenced enclosure may not be located in a front or side yard. Coops and fenced enclosures must be a minimum of 50 feet from any neighboring residence, building, pool, deck or patio existing at the time such coop and/or fenced enclosure is established, and shall comply with a setback of at least 15 feet from any lot line or the minimum setback of the district in which they are located, whichever is greater. Corner lots shall be excluded from the side setback restriction.
(5)
The coop shall be covered and ventilated, and a fenced enclosure is required. The coop and fenced enclosure must be completely secured from predators, including all openings, ventilation holes, doors and gates. The coop must be easily accessible for cleaning and maintenance.
(6)
The coop shall be constructed using durable materials designed for permanent outdoor use.
(7)
The coop and fenced enclosure shall be kept clean, consistent with the New York State Property Maintenance Code.
(8)
Chickens shall be kept for personal use only.
(9)
Composting of manure shall be subject to a fifteen-foot setback from all property lines, and runoff shall not encroach on neighboring properties. Manure composted on the premises cannot be used off-site.
(10)
All chicken feed must be kept inside a structure at all times to minimize the infestation of rodents or problems with predators.
D.
Chicken welfare and cruelty prevention.
(1)
All chickens shall, at all times, be supplied with a sufficient quantity of appropriate and wholesome food and fresh water.
(2)
All chicken enclosures shall contain adequate room for exercise, perching and ventilation.
(3)
Chickens shall not be kept in dirty, damp or disease-prone conditions. All coops shall have litter such as straw or shavings on the floor at all times, generally at least six inches in depth, and such litter shall be regularly changed to prevent unsanitary and unhealthy conditions.