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]
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.
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.
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.
[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.
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.
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.
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.
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.
All yards, open space, off-street parking and
required landscaping must be contained within the zone in which the
use is permitted.
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.
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.
[Amended 12-8-1998 by L.L. No. 2-1998]
[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.
[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.
[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.
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.
[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.
[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.
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.
