[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.
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.
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was repealed 10-11-2011 by L.L. No. 4-2011.
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.
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.
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.
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.
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.
All construction and demolition debris must
be disposed of in compliance with New York State Department of Environmental
Conservation rules and regulations.
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.
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.
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.
[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.
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.
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.
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.
D.
The following fences and fencing materials are specifically
prohibited, except for agricultural uses:
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.
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]
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.
[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.
[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.
[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.
[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.
