Wales City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 200-39 Applicability to all districts.
[Amended 12-29-2005 by Ord. No. 2-2005]
B.
Water districts are subject to connection size restrictions for future taps to be developed for properties not in existence at the time of the district formation. Future connections of the water facilities of a water district will be prohibited where the maximum branch line tap or pipeline size is greater than three inches in diameter and/or require a maximum design water flow of greater than 200 gallons per minute. This restriction is not intended to limit the Town Board's ability to authorize connections to serve individual publicly owned facilities, or for connections intended for the sole purpose of providing fire protection to individual structures.
§ 200-40 Completion of structure.
Any structure which is intended for human occupancy, not limited to a dwelling, shall be completed and finished on both the interior and exterior within the term of the building permit or any renewal thereof before a certificate of occupancy is issued.
§ 200-41 Accessory use limitations.
A.
In no case shall an accessory use dominate, in extent or purpose, the principal use of land or building, except that required accessory uses such as vehicle parking areas may be larger than the building area.
B.
In any R, A or B District, no private garage or other accessory building shall be erected before the main building has been started, and under no condition shall a garage or other accessory building be used for living quarters unless attached to a dwelling.
C.
In any R, A or B District, the permitted accessory uses shall not include the establishment of any new access driveway to business or industrial premises, the storage of flammable liquids of Class I or Class II in quantities greater than 300 gallons on any lot or any home occupation which is noxious or offensive by reason of dust, fumes, gas, noise, odor, refuse matter, smoke, vibration, unreasonable use of lights or nighttime operation.[1]
[1]
Editor's Note: Former Subsection D, Satellite antennas, added 4-9-1997 by L.L. No. 2-1997, which immediately followed this subsection, was repealed 10-11-2011 by L.L. No. 4-2011.
§ 200-42 Lots in two districts.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less-restricted portion of such lot shall extend not more than 30 feet into the more-restricted portion, provided that the lot has frontage on a street or highway in the less-restricted portion.
§ 200-43 Off-street parking requirements.
A.
At the time any main building is erected or altered or any new use of land commenced, off-street parking spaces as hereinafter specified shall be provided on the same lot therewith and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways, except where provided in connection with one-family residences, shall be surfaced with a dustless, durable all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the Town.
B.
For the purpose of this chapter, a parking space shall be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and providing access thereto.
C.
None of the off-street parking facilities as required in this chapter shall be required for any existing building or use unless said building or use shall be enlarged.
D.
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
E.
All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
F.
Off-street parking areas located in commercial zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Town Engineer and located not greater than 60 feet on center.
G.
Minimum parking space requirements. Minimum parking space requirements shall be as follows. (Where there are no specific requirements specified in this subsection, the Town Board shall determine the requirements using the following as a general guide.)
(1)
Automobile and gasoline service station: at least one space for each gasoline pump, grease rack or similar service area, and one additional space for each 500 square feet of gross floor area of the shop or garage, with a minimum of five spaces.
(2)
Automobile sales establishment, flower or plant nursery or landscape gardener's business: at least one space for every 1,000 square feet of the area used for such purposes.
(3)
Boarding- or rooming house: at least one space for each rental unit, plus one additional space for the owner or manager, plus one additional space for every two units, for guests.
[Amended 12-8-1998 by L.L. No. 2-1998]
(4)
Church or other place of worship: at least one space for each four seats or equivalent accommodation provided.
(5)
Commercial or personal service establishment: at least one space for each 150 square feet of gross floor area, plus one additional space for each 200 square feet of additional gross floor area.
(6)
Educational institution, public or private: at least one space for each two employees, including teachers and administrators; sufficient off-street parking space for the safe and convenient loading and unloading of students; and additional facilities for student parking, taking into consideration the total number of students driving automobiles. The requirements for stadium, gymnasium and auditorium use shall be in addition to these requirements.
(7)
Nursing home or eleemosynary or philanthropic institution: at least one space for each two employees, plus such additional facilities for residents and visitors as shall be deemed necessary by the Planning Board.
(8)
Home occupation or home professional office: at least one parking space in addition to the requirement for the dwelling unit, plus one additional space for every full-time employee, except that in the case of doctors and dentists, three parking spaces in addition to the requirement for the dwelling unit, plus one space for every full-time employee, shall be required.
(9)
Industrial or manufacturing establishment: one space for each 400 square feet of floor area, exclusive of storage space, but need not exceed one parking space for each person employed.
(10)
Medical or dental practitioner's office: at least five spaces for each professional person occupying or using each office, plus an additional space for each employee.
(11)
Mortuary or funeral home: at least one parking space for each eight seats in the chapel, one additional space for each resident family and one additional space for each funeral vehicle.
(12)
Motel, hotel, auto court, motor lodge or tourist court: at least one space for each guest or sleeping room, plus one space for each employee.
(13)
Multifamily dwelling: at least two spaces for each dwelling unit.
(14)
Office building, professional building or similar building or similar use: at least one space for each 200 square feet of gross floor area.
(15)
One- or two-family detached dwelling: at least two spaces per dwelling unit.
(16)
Private club or union hall: at least one space for each 100 square feet of gross floor space.
(17)
Publicly owned or operated building and use, such as a library, museum or post office: at least one space for each 100 square feet of gross floor space.
(18)
Restaurant or similar place dispensing food, drink or refreshments: at least one space for each 50 square feet of floor area devoted to patron use.
(19)
Shopping center: at least seven parking spaces for each 1,000 square feet of gross leasable area.
(20)
Roadside farm produce stand: adequate parking to eliminate traffic hazards.
(21)
Bowling alley: five spaces per bowling lane.
§ 200-44 Public utilities.
The provisions of this chapter shall not be construed to limit or interfere with the construction or operation for public utility purposes of water and gas pipe, electric light and power transmission and distribution lines, communication lines, oil pipelines, sewers and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the Town of Wales, County of Erie or State of New York. The above exceptions shall not be construed to permit service yards, repair garages or other service or storage structures or uses by said public utilities, except as otherwise permitted by this chapter.
§ 200-45 Sand and gravel pits and rock quarries.
The excavation or quarrying, stockpiling and sale of sand, gravel, rock, shale, clay or other natural mineral deposits (except topsoil) may be permitted in an A District if approved by special permit of the Town Board, subject to conditions which, in the opinion of the Town Board, will protect nearby property owners and occupants against unreasonable nuisances and hazards during the period of operations and will assure such final grading and other treatment as will produce a safe and useful area when operations have been discontinued. The Town Board may require the filing of an acceptable bond to guarantee compliance. A New York State Department of Environmental Conservation mining permit is also required for all sand and gravel pit and rock quarry operations.
§ 200-46 Garbage and rubbish.
A.
Dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Erie County Department of Health or appropriate governmental agency. Any new or modified facilities for the treatment, storage or disposal of sewage, including excreta, bath, sink and laundry wastes or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of the New York State and Erie County Departments of Health.
B.
No tankage, garbage or other noxious products shall be brought into, stored or used in the Town of Wales for hog feeding or any other purpose that creates foul or noxious odors or creates a nuisance, without the consent of the Town Board.
§ 200-47 Construction and demolition debris.
All construction and demolition debris must be disposed of in compliance with New York State Department of Environmental Conservation rules and regulations.
§ 200-48 Storage of flammable liquid or gas.
No storage of Class 1 and Class 2 flammable liquids or gas shall hereinafter be established, except in a district where permitted in conformance with the requirements of the National Board of Fire Underwriters, as certified by the appropriate Fire Chief, and 20 feet or more from any property line.
§ 200-49 Height exceptions.
The height limitations of this chapter shall not apply to chimneys, church spires and belfries, customary farm structures, water tanks or necessary mechanical features not occupying more than 1/10 of the roof area.
§ 200-50 Location of accessory buildings in R-Residential District.
A.
In any residence district, no accessory building shall be erected or altered so as to be in any front yard, in any required side yard or nearer than 10 feet to any dwelling unless attached thereto and considered part thereof for purposes of yard measurements. Accessory buildings may occupy a total of not more than 25% of the required rear yard area on any lot in any R District.
B.
Accessory buildings used for the sale of farm products, where such use is clearly incidental to the overall use of the premises as a farm, shall be permitted to be placed in the front yard off the road right-of-way. Such permitted use shall be temporary in nature and cease when no such products are offered for sale. When not in use for the sale of products, such accessory buildings must be stored on the subject premises in conformity with this Zoning chapter. The construction of the accessory building shall be limited to the ordinary and customary construction for the use or sale of such farm products. Under no circumstances shall such farm use be construed to permit any use other than sale of normal farm products on a temporary basis.
§ 200-51 Area and width requirements for lots of record.
[Amended 12-8-1998 by L.L. No. 2-1998]
The requirements of this chapter with respect to lot area and width shall not be construed to prevent the erection of a one-family dwelling on any lot which was a legal lot of record on or before November 11, 1994, provided that the yard and setback requirements are complied with, and provided further that the owner of such lot does not own other contiguous land which, together with the lot in question, would permit compliance with said lot area and or width requirements. Additionally, for any permitted nondwelling use in a B-Business District, the above procedures shall be applied where the owner or applicant can present evidence of Health Department approval.
§ 200-52 Frontage on street or right-of-way required.
No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway or right-of-way in accordance with the Schedule of Area, Lot and Bulk Requirements for all districts.
§ 200-53 Clear sight triangles.
No fence, wall, hedge, shrub planting or tree foliage, building or any other structure which obstructs sight lines at elevations between two and six feet above the roadway or sidewalk shall be placed on any corner lot in the triangular area formed by intersecting street property lines and a line connecting them at points 50 feet distant from their intersection or, in the case of a rounded cutoff corner, from the intersection of such lines extended.
§ 200-54 Fences.
A.
Building permits are required for all fences described herein.
B.
C.
Any fence erected under this chapter shall be placed at least six inches from any property line or upon property lines as mutually agreed upon by adjoining owners. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk, but in no event may it be less than one foot back from the front line and/or property line.
E.
All chain link fences erected shall be erected with the closed loop at the top of the fence.
F.
All entrances or gates shall open into the property.
G.
Notwithstanding the provisions of this section, the Building Zoning Officer may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Building Zoning Officer of the Town of Wales. The Building Zoning Officer may deny such application if it is found that the application for such fence is not appropriate. Upon such denial, the applicant may appeal the Building Zoning Officer's decision to the Zoning Board of Appeals of the Town of Wales in accordance with the appeals procedure of this chapter.
H.
All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or to interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
I.
Swimming pools. An enclosure shall be provided around outdoor swimming pools which surrounds the pool. Such enclosure shall be at least four feet in height and shall limit accessibility to the pool. Aboveground pools with at least 46 inches between the pool decking or pool top and adjoining grade are exempt from this requirement, provided that access is restricted. A portable wading pool shall be exempt from this requirement.
J.
Powers and duties of Building Zoning Officer and Zoning Enforcement Officer. The Building Zoning Officer and the Zoning Enforcement Officer shall have the authority to direct the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fences, wall hedges or other structures on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs.
§ 200-55 Signs.
A.
The provisions of this subsection shall govern outdoor signs and display structures with respect to location, size and maintenance.
(1)
No outdoor sign or display structure erected prior to the effective date of this section shall be rebuilt or relocated except in conformity with the provisions of this chapter. The requirements of this subsection shall not, however, be interpreted to prevent repairing or restoring to a safe condition any of the structural supports or the performance of maintenance operations on any existing sign, and further, at such time that such maintenance is performed, no change in the existing sign shall be accomplished to make the sign nonconforming or nonconforming to any greater degree than at the time of adoption of this section.
(2)
When any outdoor sign or display structure or a substantial part thereof is blown down, destroyed, taken down or removed for any purpose other than maintenance, any replacement shall be in conformity with all the requirements of this chapter.
(3)
No bills, signs or posters shall be posted nor shall any such medium be affixed in any location of such size as may be in violation of any of the provisions of this chapter.
(4)
Projecting signs are prohibited over any public way except when hung from the underside or ceiling of a covered walkway related to the exterior of an individual business establishment.
(5)
No outdoor sign or display structure shall be erected, constructed or maintained so as to create or be a traffic hazard by obstructing the view of traffic at any intersection, curve or bend of any roadway or by obstructing or confusing the view to traffic signals, railroad crossing lights or other permanent traffic controls and warning lights.
(6)
No outdoor sign or display structure shall be of such character or marking as to duplicate or appear to duplicate any traffic control or highway sign.
(7)
Where specific building lines are established or street widening is contemplated, the Building Zoning Officer may limit the projection or signs in relation to the intended relocation of the curbline in that area.
(8)
Temporary signs shall conform to the provisions of this section. In addition, cloth, banner and other similar signs shall be included in the temporary permissiveness of this section with special building zoning permits issued by the Building Zoning Officer to be valid for a period of not exceeding 30 days for any one sign to announce special events, sales or circumstances where a permanent display would involve undue expense, provided that such signs meet the following requirements:
(a)
The area of such sign must first be permitted in the zoning district where such use is desired.
(b)
No such temporary sign shall be erected as a roof sign.
(c)
Not more than one such temporary sign shall be erected on any lot at the same time, and no more than two permits shall be issued for any lot or use in any calendar year.
(d)
No such temporary sign shall be erected or maintained in place without a valid building zoning permit.
(e)
No such temporary sign shall be erected or placed in excess of 10 days prior to the event advertised nor in excess of 24 hours after the conclusion of the event.
[Added 6-11-2012 by L.L. No. 2-2012]
(f)
Such temporary signs erected or placed by approved not-for-profit organizations must comply with all the provisions of this chapter less any otherwise applicable fees. These signs are limited in number to two per year per organization, unless specifically permitted by the appropriate Town of Wales officials.
[Added 6-11-2012 by L.L. No. 2-2012]
(9)
Christmas displays and other similar temporary displays erected without advertising shall not be subject to the rules and regulations of this chapter, but they shall, however, conform to the safety standards of the Town of Wales and have the approval of the Building Zoning Officer.
(10)
Building zoning permits shall be required for all types of signs or other outdoor advertising, except as otherwise exempted by this chapter. The following conditions and regulations shall apply to the issuance of such documents:
(a)
No outdoor sign or display structure shall hereafter be erected, affixed, attached to, suspended from, supported, painted or otherwise utilized without a building zoning permit issued by the Building Zoning Officer.
(b)
Except as provided under this section, a building zoning permit shall be secured for all sign installations.
(c)
No building zoning permits shall be required for the following signs:
[1]
Signs painted or affixed to the inside surfaces of windows or doors which pertain to the business conducted therein.
[2]
Reposting of bills, signs or posters on signs legally erected and maintained for such purpose.
[3]
Municipal street, traffic emergency control and railroad crossing signs.
[4]
Legal notices and house numbers.
[5]
Temporary signs or displays authorized by municipal authorities.
[6]
One sign not over three square feet in area for personal identification or home and home professional occupations.
[7]
One unlighted real estate sign advertising the sale, rental or construction on only the premises on which it is maintained, not exceeding a total area of 12 square feet. Such sign shall be removed upon completion of the project or within 90 days, whichever occurs first.
[8]
All signs may be subject to review by the Town Board.
(d)
The computed area of all signs shall be measured by the smallest rectangle which will contain the entire area of the sign or other form of outdoor advertising, exclusive of the structural supports but inclusive of architectural features.
(11)
In the B District, one permanently installed sign for the purpose of identification and/or advertisement of a business may be erected subject to the following:
[Added 6-11-2012 by L.L. No. 2-2012]
(a)
A plan showing the design, layout, dimensions and overall height, along with a description of the proposed location of the sign, shall be submitted in duplicate to the Building Inspector prior to the commencement of the installation.
(b)
The overall height of the sign is not to exceed seven feet from the ground.
(c)
The sign is not to exceed 32 square feet of total face area as viewed from any direction.
(d)
The sign is to be located not less than five feet from the road right-of-way and not less than 20 feet from any property line.
(e)
The sign shall comply with all other applicable regulations within this chapter.
B.
Signs for nonconforming uses.
(1)
Directional or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue, and any such signs shall not be expanded in area, height, number or illumination.
(2)
New signs for a nonconforming use in a business or manufacturing district not exceeding 30 square feet of exterior surface shall be permitted and may be erected only after all other signs are removed.
C.
Permitted signs for applicable uses.
(1)
In A and R Districts wherein a building zoning permit shall be required, except for Subsection C(1)(a), as follows:
(a)
Farms shall be permitted a sign area of not over 20 square feet to identify each such farm and an additional sign area of 20 square feet for advertising such products as are raised on said farm and sold from a stand located upon said farm.
(b)
One illuminated bulletin board or identification sign not exceeding 40 square feet for any school, hospital or public or semipublic use shall be permitted.
(c)
Multifamily residences shall be permitted one sign not exceeding six square feet in area.
(d)
One unlighted sign not over three square feet in area shall be permitted for personal identification of a home and home professional occupation.
(2)
B Districts.
(a)
Size. A face sign on the front of a building shall not exceed 20% of the total surface of such face on one story, including areas occupied by doors and windows. Signs on each additional face shall not exceed 10% of the total surface of the front of the building, provided further that no sign shall exceed 20% of the face to which it is attached.
(b)
Shopping centers (where permitted).
[1]
Each use or business within the shopping center may erect a sign containing not over 10 square feet of area on either of two faces.
[2]
The shopping center as a unit may erect no more than two signs to advertise the center as such, so long as the aggregate area of such signs is not over 1,000 square feet and no single sign is over 500 square feet on either of two faces.
(c)
All illuminated signs shall require approval of the Town Board, which reserves the right to establish special conditions.
D.
Limitations.
(1)
The limitations on signs as set forth for the various zones by this section shall not apply to any sign or directional device erected by the federal, state, county or local government or agency thereof.
(2)
The limitations on sign area as set forth by this section for the business and manufacturing zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs use only one side and do not contain any advertising of the use on the premises.
(3)
No animated, flashing, scrolling or electronically controlled signs shall be permitted.
[Amended 6-11-2012 by L.L. No. 2-2012]
(4)
No signs shaped or resembling traffic signs shall be used for advertisement purposes.
E.
Directional signs.
(1)
Directional signs, at the discretion of the Building Zoning Officer, may be permitted in instances where the location of the business off the main arteries of traffic necessitates such a sign.
[Amended 6-11-2012 by L.L. No. 2-2012]
(2)
A plan showing design, layout, dimensions and heights, along with the description of the proposed location of the sign, shall be submitted in duplicate to the Building Zoning Officer. These signs shall be:
(a)
Self-supporting, with mounting posts at a depth below the frost level.
(b)
Not to exceed two feet high by two feet wide.
(c)
Erected and maintained by the person or persons to whom the permit is issued.
(d)
Strategically located to effect the purpose of this subsection.
(e)
Directional in nature only.
(f)
Permitted on New York Routes 16 and 78 and U.S. Route 20A in the Town of Wales.
(3)
No more than one directional sign shall be permitted on the property of any individual owner.
[Amended 6-11-2012 by L.L. No. 2-2012]
(4)
The Town Board reserves the right to vary any terms of this subsection, in its sole discretion.
(5)
The foregoing sign limitations shall not apply to directional signs in use for a period of 24 hours or less.
(6)
Permits will be issued on a temporary but renewable basis to include the requirements of this subsection and such other provisions as the Building Zoning Officer may deem necessary.
[Amended 6-11-2012 by L.L. No. 2-2012]
F.
Vehicular signs.
[Added 6-11-2012 by L.L. No. 2-2012]
(1)
Any advertisement, announcement, direction or communication produced by painting or posting on or placing any printed, lettered or pictured material on any vehicle, is to be construed, for purposes of this chapter, as a temporary sign and is subject to the regulations thereof.
(2)
Any vehicular signage not in conformance with the provisions of this chapter shall be placed to the rear of the frontal plane of the primary structure of the property.
G.
The Town Board shall have the power to grant variances to the provisions of this section as it shall deem necessary and adequate to address the provisions and limitations of this section and, at the same time, preserve and protect the character of the neighborhood, minimizing any adverse impact such variance may have on the neighborhood or community, with reasonable conditions and restrictions directly related to and incidental to the proposed variance of the property.
[Added 12-30-2013 by L.L. No. 3-2013]
§ 200-56 Public rest rooms.
Any business engaged in the sale and dispensing of gasoline or other motor fuel to the public shall provide rest rooms available to the public.
§ 200-56.1 Noise.
[Added 8-14-2007 by L.L. No. 4-2007]
In no case shall a permitted, accessory or special use of property cause unreasonable inconvenience or annoyance which is deemed to be intolerable to any reasonable person.
§ 200-56.2 Lot standards.
[Added 8-14-2007 by L.L. No. 4-2007]
No building or land shall hereafter be used 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.
A.
No yard or lot existing at the time of passage of this section shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this section shall meet at least the minimum requirements established by this section.
B.
Every building hereafter erected, moved, or structurally altered shall be located on a lot and in no case shall there be more than one principal building and its customary accessory building(s) on any lot, except in appropriate zoning districts which permit a lot to contain both residential and commercial uses in one or more principal structures or within the same structure.
C.
Nothing in this section shall be deemed to require any change in the plans, construction or designed use of any building or structure upon which a building permit was secured prior to the adoption of this section, so long as said building permit remains valid.
§ 200-56.3 Basements. [1]
[Added 8-14-2007 by L.L. No. 4-2007]
All single or multiple dwellings shall have a full basement or a minimum four-foot crawl space, both in regard to height and area, constructed in accordance with the standards of Chapter 84, Building Construction.
§ 200-56.4 Portable temporary storage units.
[Added 3-12-2019 by L.L. No. 1-2019; amended 5-14-2019 by L.L. No. 3-2019]
A.
Portable temporary storage units, also known as PODs, SAMs, etc., are defined as a portable (temporary) transportable container, trailer, storage unit, shed-like container or other portable structure, used for the temporary storage of building materials, household items, personal property or other materials, for a limited time.
B.
Intended use is for temporary storage of building materials, household goods, personal items or other materials off-site.
C.
The duration of use is limited in accordance with the following:
(1)
Temporary storage units may be placed on or at a property in the Town, without fee, for a time period of 30 calendar days. At the end of the thirty-day period, the unit must be removed from the premises within a ten-day grace period. The time period begins on the date of delivery of the unit to the property site. In the event the applicant wishes to extend the time period that is granted initially, under this section, an extension may be issued by permit by the Code Enforcement Officer if requested, and upon payment to the Town of Wales of a permit extension fee as listed in the Fee Schedule, as set forth by resolution of the Town Board. Extension requests must be made prior to the expiration of the ten-day grace period. In no case shall a temporary storage unit be placed on or at a property for more than 60 consecutive days or more than 60 days in a calendar year unless special circumstances arise as listed in Subsection C.
(2)
The following circumstances shall grant an applicant a permit for the placement of a temporary storage unit on or at a property for a period of time which exceeds the period set in Subsection C(1) above:
(a)
In the event of fire or other natural disaster which causes substantial damage to the primary structure of the property, a temporary storage unit may be placed on or at the property for a period of time while repairs are made and as determined necessary by the C.E.O. Once repairs have been made, the temporary storage unit shall be removed from the property within 10 days. In the event the applicant wishes to extend the time granted past that allowed under these circumstances, a new application for a permit pursuant to Subsection C(1) must be submitted. In this instance, applicable fee(s) may be waived by the C.E.O.
(b)
The renovation, expansion or other alteration to an existing permanent structure may require the removal of personal property from the structure and/or storage of said personal property outside of the structure. The period of time the temporary storage unit may be located on or at said property shall be determined by the C.E.O., based on the type of work being performed and/or 10 days after the building permit issued for the required work expires.
(c)
Applicant must obtain a temporary storage unit permit prior to obtaining and placing a unit on or at a property in the Town, without fee, for a time period of 30 calendar days. At the end of the thirty-day period, the unit must be removed from the premises within a ten-day grace period. Any temporary storage unit which is not removed at the end of the initial time period permitted under this section or granted under the permit issued will be subject to a daily fine as set by the Town Board until the matter is resolved by the owner or property manager of the property in violation of the Town of Wales Code. If the temporary storage unit is not removed after 10 days from the initial notice of the violation by the C.E.O., or if the unit poses a threat to the health, safety or welfare of the residents and visitors, the Town may have it removed without notice, with the cost of such removal, as well as the cost associated with the administration of its removal, assessed against the property.
D.
Temporary storage units shall be no greater than 320 square feet in area and eight feet in height.
E.
Only one temporary storage unit may be located on a property at any given time unless special circumstances arise, such as those listed in Subsection C(2).
F.
The placement of any temporary storage unit shall be subject to the following requirements:
(1)
The unit must be placed on the driveway or a hard-packed surface of the property and must adhere to the rear and side setback requirements of the respective zoning district.
(2)
No temporary storage unit may be placed in a public right-of-way (ROW) or on the front yard of the property unless permitted by the C.E.O., due to unusual circumstances (i.e., no driveway, no back or side yard, etc.). Different regulations may be applied under these circumstances, such as the amount of time the unit may be stored on the property, etc.
G.
No signage other than the signage indicating the owner of the temporary storage unit may be allowed on the structure.
H.
Storage of hazardous materials within temporary storage units is strictly prohibited. A violation of this stipulation will result in the immediate revocation of any permission or permits issued under any subsection of this section, and the immediate removal of the temporary storage unit(s) from the property. If removal of said unit(s) must be done by the Town, any expenses incurred in such removal may be assessed to the property owner where said unit(s) is/are located.