Wales City Zoning Code
ARTICLE V
District Regulations
§ 200-27 R-Residential District.
A.
Permitted principal uses shall be as follows:
[Amended 12-8-1998 by L.L. No. 2-1998]
B.
Permitted accessory uses shall be as follows:
(1)
Private garages or storage buildings. No accessory building shall be occupied as a dwelling.
(2)
Animal shelters for domestic house pets.
(3)
Swimming pools.
(4)
Home occupations.
(5)
Professional offices in connection with the residence: i.e., lawyer, doctor, dentist, professional engineer and architect.
(6)
One sign not larger than 15 square feet for churches or other nonprofit institutions or agencies and not larger than six square feet for any other purpose.
(7)
Farming and gardening. Gardens, truck gardens, nurseries or greenhouses and any other crop farming, excluding farm animal operations and housing.
[Added 6-11-2013 by L.L. No. 1-2013[1]]
[1]
Editor's Note: This local law also repealed former Subsection B(7), regarding roadside sales of products grown on the subject property, added 6-11-2012 by L.L. No. 2-2012.
(8)
Roadside sales or display of vehicles or equipment for a period not to exceed 30 consecutive days and not to exceed two such thirty-day periods in each calendar year. Such sale or display is limited to items owned by the owner of the property upon which the display and sale takes place.
[Added 6-11-2012 by L.L. No. 2-2012]
C.
Special permit uses shall be as follows:
[Amended 4-9-1997 by L.L. No. 2-1997; 12-8-1998 by L.L. No. 2-1998]
(1)
Farm animal operations and housing on less than 10 acres.
[Amended 6-11-2013 by L.L. No. 1-2013]
(3)
Schools (public or private nonprofit) accredited by the New York State Education Department.
(4)
Churches and other similar places of worship, parish houses and other such facilities of recognized religious groups.
(5)
Other uses which in the opinion of the Town Board and upon recommendation of the Planning Board are similar in nature to those permitted uses.
§ 200-28 A-Agricultural District.
A.
Permitted principal uses shall be as follows:
[Amended 12-8-1998 by L.L. No. 2-1998]
(1)
One-family dwellings.
(2)
Two-family dwellings.
(3)
Farms and gardening. Farms, truck gardens, dairies, nurseries or greenhouses, farm structures and all other customary incidental agricultural occupations are permissible. Farms may consist of one or more parcels of owned or rented land, which parcels may or may not be contiguous with each other.
[Amended 6-11-2013 by L.L. No. 1-2013]
(4)
Recreational areas maintained by the State of New York, County of Erie or Town of Wales.
(5)
Government buildings or uses deemed necessary and appropriate by the Town Board.
B.
Permitted accessory uses shall be as follows:
(1)
Private garages or storage buildings. No accessory building shall be occupied as a dwelling.
(2)
Animal shelters for domestic house pets.
(3)
Swimming pools.
(4)
Home occupations.
(5)
Professional offices in connection with the residence: i.e., lawyer, doctor, dentist, professional engineer and architect.
(6)
Roadside stands for sale of farm or home occupation products produced on the same premises.
(7)
One sign not larger than 15 square feet for churches or other nonprofit institutions or agencies and not larger than six square feet for any other purpose.
(8)
[1]Roadside sales or display of vehicles or equipment for a period not to exceed a period of 30 consecutive days and not to exceed two such thirty-day periods in each calendar year. Such sale or display is limited to items owned by the owner of the property upon which the display and sale takes place.
[Added 6-11-2012 by L.L. No. 2-2012]
[1]
Editor's Note: Former Subsection B(8), Satellite antennas measuring one meter or less in diameter, added 4-9-1997 by L.L. No. 2-1997, was repealed 10-11-2011 by L.L. No. 4-2011.
C.
Special permit uses shall be as follows:
[Amended 4-9-1997 by L.L. No. 2-1997; 12-8-1998 by L.L. No. 2-1998]
(1)
Farm animal operations and housing on less than 10 acres.
[Amended 6-11-2013 by L.L. No. 1-2013]
(3)
Private airports.
(4)
Schools (public or private nonprofit) accredited by the New York State Education Department.
(5)
Churches and other similar places of worship, parish houses and other such facilities of recognized religious groups.
(6)
Nursing homes.
(7)
Veterinary hospitals or clinics.
(8)
Cemeteries.
(9)
Outdoor commercial recreation.
(10)
Other uses which, in the opinion of the Town Board and upon recommendation of the Planning Board, are similar in nature to those permitted uses.
(11)
Hospitality events.
[Added 10-11-2016 by L.L. No. 3-2016]
§ 200-29 B-Business District.
A.
All of the following uses, except one-family and two-family dwellings, shall require a special permit in the B-Business District and shall be governed by the approved site development plan referenced in Article VII, Special Permit Uses:
[Amended 5-14-1996 by L.L. No. 3-1996]
(1)
Schools (public or private nonprofit) accredited by the New York State Education Department.
(2)
Churches and other similar places of worship, parish houses, convents and other such facilities of recognized religious groups.
(3)
Government buildings or uses deemed necessary and appropriate by the Town Board.
(4)
Nursing homes.
(5)
Veterinary hospitals or clinics.
(6)
Libraries.
(7)
Stores for retail merchandising and customary services incidental to retail sales, including repair service.
(8)
Banks, businesses or professional offices.
(9)
Assembly halls, auditoriums and membership clubs.
(10)
Tailor shops, dry-cleaning shops and self-service laundries.
(11)
Restaurants or other establishments serving food and/or beverage.
(12)
Commercial and recreational establishments such as bowling, dance, skating or theater.
(13)
Hotels, motels and lodging or boarding houses.
(14)
Automotive repair garages.
(15)
Personal-service shops such as barbershops or beauty parlors.
(16)
Undertaking establishments or funeral homes.
(17)
Telecommunications facilities, which shall be governed by the provisions of Chapter 100.
[Added 4-9-1997 by L.L. No. 2-1997]
(18)
The maximum floor area (square feet) for any facility in the B-Business District shall be 50,000 square feet, determined by the building area as defined by the New York Uniform Fire Prevention and Building Code, as now enacted or hereafter amended.
[Added 6-25-2013 by L.L. No. 2-2013[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(18) as Subsection A(19).
(19)
Other uses which, in the opinion of the Town Board and upon recommendation of the Planning Board, are similar in nature to those permitted uses.
[Added 12-8-1998 by L.L. No. 2-1998]
B.
Permissible accessory uses shall be as follows:
(1)
Parking areas, off-street.
(2)
Professional offices in connection with the residence: i.e., lawyer, doctor, dentist, professional engineer and architect.
(4)
[2]Garage for commercial vehicles.
[Added 12-8-1998 by L.L. No. 2-1998]
[2]
Editor's Note: Former Subsection B(4), Satellite antennas measuring two meters or less in diameter, added 4-9-1997 by L.L. No. 2-1997, was repealed 10-11-2011 by L.L. No. 4-2011. This local law also redesignated former Subsection B(5) as Subsection B(4).
§ 200-30 M-Manufacturing District.
A.
All of the following uses shall require a special permit in the M-Manufacturing District and shall be governed by the approved site development plan referenced in Article VII, Special Permit Uses, provided that, to protect adjacent residential and commercial areas, it causes no dissemination of dust, effluents, smoke, smog, radiation, observable gas, fumes or odors, waste accumulation, atmospheric pollution, objectionable noise, glare, vibration or other objectionable environmental condition, and, further, that it causes no hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use:
[Amended 4-9-1997 by L.L. No. 2-1997; 12-8-1998 by L.L. No. 2-1998]
(1)
Shops for custom work, such as cabinetmaking, carpentry, electrical and mechanical trades, plumbing, printing and similar light fabrication.
(2)
Light manufacturing; assembly and design of products, fabricating and assembly of materials, such as but not limited to cloth, plastic, paper, leather, metals, stone or wood.
(5)
Lumber yards and building materials yards.
(6)
Tool and die operations, machine and sheet metal shops.
(8)
Other uses which, in the opinion of the Town Board and upon recommendation of the Planning Board, are similar in nature to those permitted uses.
B.
Permitted accessory uses shall be as follows:
[Amended 10-1-1996 by L.L. No. 5-1996]
(1)
Parking areas, off-street.
(2)
Professional offices in connection with the permitted use.
[Amended 12-8-1998 by L.L. No. 2-1998]
(4)
[1] Garage for commercial vehicles in connection with the permitted use.
[Added 12-8-1998 by L.L. No. 2-1998]
[1]
Editor's Note: Former Subsection B(4), Satellite antennas measuring two meters or less in diameter, added 4-9-1997 by L.L. No. 2-1997, was repealed 10-11-2011 by L.L. No. 4-2011. This local law also redesignated former Subsection B(5) as Subsection B(4).
§ 200-31 (Reserved) [1]
[1]
Editor's Note: Former § 200-31, Special permit uses, as amended, was repealed 12-8-1998 by L.L. No. 2-1998.
§ 200-32 Prohibited uses.
[Amended 12-8-1998 by L.L. No. 2-1998]
Notwithstanding the provisions of any other section of this chapter, the following shall be prohibited in all districts:
A.
Acetylene gas and oxygen manufacture.
B.
Celluloid manufacture.
C.
Disinfectant or insecticide manufacture.
D.
Asphalt manufacture or refining.
E.
Coal or tar distillation, including manufacture or treatment.
F.
Steel furnace or blast furnace.
G.
Soap manufacture.
H.
Chlorine or hydrochloric, nitric, picric or sulfuric acid manufacture, or its derivatives.
I.
Manufacture or storage of explosives.
J.
Glue, size or gelatin manufacturer, where the process includes refining or recovery of products of fish, animal refuse or offal.
K.
All residential uses, including group homes and nursing homes.
L.
Garbage, rubbish or refuse dumps.
M.
Bulk storage of gasoline or other fuels without proper federal, state and local permitting.
N.
Other uses which, in the opinion of the Town Board and upon recommendation of the Planning Board, are similar in nature to those permitted uses.