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Tonawanda City Zoning Code

ARTICLE 10

- MISCELLANEOUS SUPPLEMENTARY REQUIREMENTS

Sec. 82-441.- Keeping livestock or fowl.

It shall be a violation of this chapter for any person to allow or permit any waterfowl, ducks, geese, chickens, swine, cattle, horses, colts, mules, sheep or goats to be kept within the boundaries of the city.

(Code 1989, § 320-23(D); Res. of 10-3-2023, § 173)

Cross reference— Animals generally, ch. 10.

Sec. 82-442. - Storage of junk.

It shall be a violation of this chapter for any person to allow accumulation and/or storage of any unusable materials, such as but not limited to wood, metals, tires, household appliances, paper, bathroom and other household type fixtures, scrap tar products and/or tar base products, wastepaper, rags, glass and/or any other unusable junk material which could provide a nesting, breeding or living area for rats, mice, etc., within the limits of the city.

(Code 1989, § 320-23(C))

Cross reference— Environment, ch. 26; abandoned or junked vehicles, § 26-31 et seq.

Sec. 82-443. - Visibility at intersections.

In any R district, 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 on such street lines 30 feet distant from their point of intersection.

(Code 1989, § 320-45)

Cross reference— Traffic and vehicles, ch. 62.

Sec. 82-444. - Automotive use areas.

Any portion of a lot used for open off-street parking or reservoir space or for open sales, service or storage areas for motor vehicles, contractor's equipment or boats shall be deemed to be an automotive use area. New automotive use areas or enlargements of existing automotive use areas shall be subject to the following requirements:

(1)

Surfacing and drainage. Every automotive use area, access driveway, entrance and exit thereto shall be surfaced with a durable and dustless material and shall be so graded and drained as to prevent surface water accumulation, except in accordance with a stormwater pollution prevention plan approved by the city in accordance with Chapter 52 of this Code. Materials such as loose stone or gravel are not acceptable. All work completed on property owned by the city shall comply with applicable city design standards.

(2)

Lighting. Any fixture used to illuminate any automotive use area shall be installed and maintained so as to direct the light away from the street and from adjoining premises in any R district.

(3)

Screening. Every automotive use area, except off-street parking areas for fewer than five vehicles, shall be screened from any adjoining lot in any R district, including lots situated across the street, as follows:

a.

Along a street line, by a planting strip five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three and seven feet above the street level. Such screening may be interrupted by normal entrances or exits.

b.

Along a rear line or an interior side lot line, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid fence or unpierced masonry wall five feet in height. Such screening shall be maintained in good condition at all times.

(4)

Access. No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines and, except for off-street parking areas for uses permitted in any R district requiring fewer then ten parking spaces, no entrance or exit shall be permitted within ten feet of a lot in any R district. Access to automotive use areas, except for off-street parking areas in R districts, for fewer than ten vehicles shall be approved by the city engineer and shall be so arranged that vehicles shall not be required to back into a street.

(5)

Use restrictions. No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York state motor vehicle registration.

(Code 1989, § 320-46; Res. of 1-8-2008, § 16; Res. of 6-6-2017; § 145)

Cross reference— Traffic and vehicles, ch. 62.

Sec. 82-445. - Gasoline service stations and public garages.

(a)

No part of any building used as a gasoline service station and no filling pump, lift or other service appliance shall be erected within 25 feet of any R district boundary.

(b)

No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any gasoline service station within 20 feet of any street line.

(c)

Two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles. Such reservoir space shall not include space at the pump or required parking space.

(d)

There shall be no use of the lot, except for landscaping or screening, within 20 feet of any R district boundary.

(e)

All portions of the lot not enclosed in a building, which are used for reservoir space or for storage, parking or servicing of motor vehicles, shall be subject to the provisions of section 82-444.

(Code 1989, § 320-47)

Cross reference— Traffic and vehicles, ch. 62.

Sec. 82-446. - Restrictions in local waterfront revitalization area.

(a)

Storage of hazardous waste or solid waste. The storage of hazardous and solid waste material shall be prohibited within the city's local waterfront revitalization area.

(b)

Pump-out facilities required at marinas. All public and private marinas within the city's local waterfront revitalization area shall include pump-out facilities for sanitary and other associated wastes.

(Code 1989, § 320-49)

Cross reference— Waterfront revitalization board, § 2-301 et seq.; waterways, ch. 78.

Sec. 82-447. - Fences.

(a)

Height restrictions in residential districts. Fences in R districts shall not be erected in excess of five feet in height above the surface of the ground, except that in a rear yard, when in compliance with all other requirements of this chapter, the height may be six feet.

(b)

Regulations applicable in all zoning districts.

(1)

Materials and construction standards.

a.

All fences shall be constructed of steel or wood posts supported and braced by top and bottom rails that will be located on the inside of the fenced enclosure. Except as otherwise permitted by the building inspector, all posts for solid fence erection are to be firmly imbedded in concrete 42 inches in depth, with a minimum thickness of three inches on all sides. Fencing shall consist of steel or wood pickets, wire mesh or solid boards. Barbed wire shall not be permitted.

b.

Mechanical devices approved by the building inspector may be used to secure posts in the ground when open-mesh fencing is used.

c.

A picket fence shall be considered a solid fence when erected in any yard other than a rear yard.

(2)

Location.

a.

No fence shall be erected nearer than two feet from the inside line of the sidewalk, and, in the case of any corner lot, section 82-443, pertaining to visibility, shall govern the erection of fences.

b.

The definition in section 82-1(b) shall be used in determining a rear yard.

(3)

Visibility. No solid fence in excess of 36 inches in height shall be erected or allowed in any yard within 15 feet of the street right-of-way.

(4)

Separation from dwellings; hazardous conditions; maintenance.

a.

No fence shall be erected in any yard that will shut off light or ventilation to any window or opening in a habitable space of a dwelling. A minimum distance of three feet shall be maintained between any solid fence and any such opening in a dwelling in determining such light and ventilation.

b.

It shall be a violation of this chapter to place or drive metal, wood or other types of stakes along a lot line, or to place any material along any lot line that may act as a barricade, or to string along any lot line any wire or other material that may cause tripping or other dangerous or hazardous conditions. Any construction determined to be a fence under the provisions of this section shall not be subject to this subsection (b)(4)b.

c.

Every fence erected shall be maintained by the owner in such a way that it will remain plumb and in good repair.

(c)

Permit required.

(1)

Any person making an application for a fence permit must pay a permit fee and present a survey of the premises so that a true and valid location of the proposed fence erection can be determined.

(2)

It shall be a violation of this chapter to commence to erect a fence without first obtaining a fence permit. Fence permits may be obtained in the building inspector's office.

(d)

Contractors to be licensed. Contractors that erect fences within the city must have a contractor's license issued by the city.

(e)

Failure to correct violation; continuing violations. A person shall be subject to the penalties imposed by section 1-7 in any case where an order to remove any violation of any of the provisions of this section has been served by the building inspector upon the owner, general agent, lessee or tenant of the building, other structure or tract of land or any part thereof or upon the architect, builder, contractor or anyone who commits or assists in any such violation and where such person shall fail to comply with such order within ten days after the service thereof. Each week's continued violation shall constitute a separate additional violation and shall be punishable under this subsection.

(Code 1989, §§ 320-48(A), (B), 320-50(A), (B), (D), (E), (H); Res. of 2-15-2000; Res. of 6-6-2017, § 146)