Wales City Zoning Code
ARTICLE IV
Regulations Applicable in All Districts
§ 200-9 Compliance with regulations required.
A.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located.
B.
Building, site development, or activities related to the use, occupation of property, and the improvement thereof is not permitted until the issuance of all required permits have been filed and approved, including, but not limited to, building permits, special use permits and permits subject to development of the property.
[Added 10-11-2011 by L.L. No. 4-2011; 10-13-2020 by L.L. No. 3-2020]
§ 200-10 Compliance with restrictions required.
Except as hereinafter provided, no building shall hereafter be erected or altered to a greater height, to accommodate or house a greater number of families, to have any yard or setback less in width or depth or to have lesser floor area, in the case of dwellings, than is specified herein for the district in which such building is located.
§ 200-11 Yards and open space to be separate.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
§ 200-12 Reduction of required areas prohibited.
No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as to make said area, dimension or capacity less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area, dimension or capacity shall not be further reduced.
§ 200-13 Foundations and basements. [1]
[Amended 12-8-1998 by L.L. No. 2-1998]
A.
Habitable dwellings must be constructed on a continuous fully enclosed foundation extending below the frost line in accordance with the New York State Fire Prevention and Building Code and designed to be insect and vermin protective.
B.
A basement without superstructure shall not be considered a habitable dwelling and may not be granted a certificate of occupancy.
§ 200-14 Preservation of topsoil and other natural features.
A.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building or paved parking area on such premises and excavation or grading incidental thereof; provided, however, that the Town Board may, by special permit, grant an application for such stripping where it finds such will not be detrimental to the adjoining land and building development.
B.
Existing natural features, including brooks and drainage channels, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
C.
No structure shall be built within 50 feet of the bed of a stream or on land subject to periodic overflow.
§ 200-15 Lot frontage on proposed rights-of-way.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
§ 200-16 Storage of equipment in front yards.
No front yard shall be used for the open storage of boats, vehicles, travel trailers or any other equipment except for vehicular parking on driveways.
§ 200-17 Business displays in front yards.
Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.
§ 200-18 All required areas to be in zone of permitted use.
All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.
§ 200-19 Parking of commercial vehicles.
Not more than one commercial vehicle shall be parked out of doors overnight or on Sunday in conjunction with a residential property in a residential zone except pickup trucks one ton or less used for personal transportation. No display vehicles for commercial purposes shall be parked in any district.
§ 200-20 Corner and through lots.
For the purpose of regulating the locations of accessory buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
§ 200-21 Principal buildings.
§ 200-22 Accessory buildings.
[Amended 10-11-2016 by L.L. No. 3-2016]
An accessory building attached to a principal building shall comply in all respects with the yard requirements for the principal building. Detached accessory buildings located less than 300 feet from the front lot line shall be located to the rear of the front building line of the principal building. Accessory buildings located more than 300 feet from the lot line may be constructed in front of the principal building and in conformance with building setbacks listed elsewhere in this code. Detached accessory buildings, if located in a side yard area, shall conform to the side yard requirements of this chapter.
§ 200-23 Subdivisions.
[Amended 12-8-1998 by L.L. No. 2-1998]
A subdivision of land must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, whether with respect to any existing structure or use or any proposed structure or use subject to the following:
A.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building.
C.
Any subdivision of property must be certified to comply with the Schedule of Area, Lot and Bulk Requirements for the district in which the property is located by the Code Enforcement Officer prior to transfer.
§ 200-24 Public utilities.
[Amended 4-9-1997 by L.L. No. 2-1997]
The provisions of this chapter shall not apply to the customary local utility distribution, transmission or collection lines for water, gas, fuel oil, sewer, electric or telephone services. However, facilities such as pumping stations, repeater stations, electric substations, towers, antennas and telecommunications facilities which are located above grade may be permitted with a special permit. The siting of telecommunications facilities shall be governed by Chapter 100.
§ 200-25 Individual mobile homes.
Individual mobile homes on individual lots outside a mobile home court may be permitted in an A or R District, provided that such lots are in conformity with the applicable lot, yard and similar regulations for single-family residences within the zone in which the mobile home is located, and provided that the following regulations are met:
A.
A permit shall be applied for to the Town Board. Such permit shall include the exact location, together with the name and address of the owner or owners of the land at such location as appearing on the deed to such landowners, together with the book and page where such deed is recorded and such other information as may be required by the Town Board. A permit may be issued only if the applicant evidences an intent to construct a one-family dwelling on the subject premises and has received a building permit from the Building Zoning Officer. Said permit shall not be granted for more than one year.
B.
A permit for the mobile home will not be issued until provisions for a potable water supply and a sewage disposal system approved by the Erie County Health Department are in place and functional.
C.
In the event that the construction of a residence has been substantially completed except for the issuance of a certificate of occupancy, the Town Board may, upon good cause shown, extend the permit on a month-to-month basis, subject to termination upon the issuance of a certificate of occupancy for the constructed dwelling.
D.
The Town Board may, upon notice and proper hearing, revoke or suspend any permit issued pursuant to the terms of this section for a violation of any provisions hereof. Upon the revocation of any such permit, the mobile home covered thereby shall forthwith be removed from the subject premises.
E.
Upon completion of construction of the permanent dwelling and issuance of a certificate of occupancy for the constructed dwelling, the mobile home shall forthwith be removed from the subject premises.
§ 200-26 Farm operations and animal housing. [1]
[Amended 12-8-1998 by L.L. No. 2-1998; 6-11-2013 by L.L. No. 1-2013]
For purposes of this section, "animals" are defined as domestic animals, such as cows, horses, pigs, sheep, goats, etc.
A.
Farms over 10 acres. Within 100 feet of any property line of a lot in any A, R or B District, no storage of manure or other odor- or dust-producing substance or use shall be hereafter established, and no building or pen shall be hereafter erected or changed in use to house or contain horses or other farm animals, more than 30 chickens or other fowl or a dog kennel. Within 250 feet of any residence on adjacent property, no fur farm, hog pen or commercial livestock feed lot shall be hereafter established or extended.
B.
Farms under 10 acres. Special use permits for animal housing shall be required from the Town Board subject to such conditions as the Town Board may impose regulating housing of animals, storage of manure or other odor- or dust-producing substances and consideration of neighbors and such similar restrictions as the Town Board may deem proper under the circumstances.
§ 200-26.1 Drive-through establishment.
[Added 10-9-2018 by L.L. No. 2-2018]
The following uses shall be prohibited in all zoning districts in the Town of Wales:
A.
Any drive-through establishment operated in conjunction with any restaurant, eating place, food service operation or beverage or liquor store.
§ 200-26.2 Aesthetic provisions.
A.
In keeping with the desire of the overwhelming majority of residents of the Town of Wales to maintain the rural character of the Town, the following regulations are hereby incorporated into the Zoning Code of the Town of Wales, NY.
(1)
All new or updated construction or development in the B or M Districts of the Town of Wales shall be commensurate with and complementary to the existing rural character of the Town.
(2)
Design, construction materials, landscaping, buffering and overall appearance shall be reasonably aesthetically pleasing to the eye and compatible with the immediate surrounding area as well as the overall rural nature of the Town.
(3)
All considerations, including but not limited to building size, shape, paint, exterior displays and adornments, as well as signage and lighting must comply with the appropriate regulations as listed elsewhere in this Code, with the additional consideration of aesthetic compatibility with the nature of the community.
(4)
Builders and developers of any new or updated construction shall recognize and respect the need to maintain and preserve, where practically possible, open green space within their project.
(5)
The final determination of satisfactory compliance with these aesthetic regulations shall be at the discretion of the Wales Town Board.