Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[Amended 7-12-2010 by L.L. No. 4-2010]

§ 215-133 Interpretation.

The provisions of this chapter shall be interpreted as providing minimum requirements for small-scale solar energy systems adopted for the purpose of promoting the health, safety, morals and general welfare of this community. Provisions for large-scale and utility-scale solar energy systems are provided in Article XXVII of Chapter 215, Zoning.

§ 215-134 Intent; greater restrictions to prevail.

It is not intended by this chapter to repeal, except as herein stated, abrogate or impair existing conditions previously made or permits previously issued relating to the use of buildings or premises or to impair or interfere with any easements, covenants or agreements existing between parties. Except as otherwise provided herein, whenever this chapter imposes a greater restriction upon the use of buildings or premises than is required by existing provisions of law, ordinance, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.

§ 215-135 Solar energy systems.

A. 
Installation of solar energy systems and equipment is encouraged on all preexisting structures; however, access to sunlight which is necessary therefor cannot be obtained through the provisions of this chapter. The installation of a solar collector, whether attached to the main structure or as a detached accessory structure, shall require a building permit. Solar collectors are subject to the minimum setbacks, offsets and lot area coverage for whatever use district in which they are proposed to be installed. Height limitations for solar collectors in A First and B Second Residential Districts shall be five feet above the level of the permitted building height. Height limitations in all other use districts shall be in accordance with the limitations for signs in each use district. All solar collectors and their associated support elements shall be designed according to generally accepted engineering practice to withstand wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels.
B. 
Other alternative natural energy conservation devices shall be considered structures and shall require a building permit. All permit applications for such devices will be reviewed and considered as they meet § 215-3 of this chapter.
C. 
All solar energy systems located in the A First Residential District or B Second Residential District are only permitted to contain solar collectors located on the rooftops of principal or accessory buildings. The solar collectors must be completely contained within the limits of the building roof. All other equipment and components of the solar energy system shall be located within the rear yard only and are subject to setbacks for accessory structures.

§ 215-136 More restrictive provisions to prevail.

A. 
Whenever the regulations made by this chapter require a greater width or size of yards or courts or require a lower height of building or less number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than required in any other ordinance or regulation, the provisions of the regulations made by this chapter shall govern.
B. 
Whenever the provisions of any other ordinance or regulation require a greater width or size of yards or courts or require a lower height of building or less number of stories or require a greater percentage of the lot to be left unoccupied or impose other higher standards than are required by regulations made by this chapter, the provisions of such other ordinance or regulation shall govern.