No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be used for any purpose other than those included among the uses listed in Schedule I of this chapter. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations designated in Schedule II of this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of compliance shall become void.
Streambed. No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year.
Excavation. No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified. [See § 308-46B(10).]
Existing natural features. Existing natural features such as trees, brooks, drainage channels and views 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.
Floodplain. Damages from flooding and erosion may be a problem to the residents of the Town of Marion and such damages may include: destruction or loss of private and public housing; damage to public facilities, both publicly and privately owned; and injury to and loss of human life. In order to minimize the threat of such damages and to protect the residents therefrom, all development construction and land use within the Town of Marion shall conform to the provisions of the Flood Damage Prevention Local Law. (See Chapter 153, Flood Damage Prevention, of the Code of the Town of Marion.)
Designated areas. Floodplain areas are so designated on the Zoning Map or Floodplain Map and determined by data developed by the Army Corps of Engineers, the United States Geological Survey, the FIA Flood Hazard Boundary Maps issued by the United States Department of Housing and Urban Development and the Town of Marion. This section does not imply that areas outside the designated floodplain areas will be free from flooding or flood damages.
Conflict of standards. Provisions regulating use of and development on floodplain areas, shall take precedence over the provisions of any other article or section of this chapter or other regulation or ordinance in the Town of Marion, to the extent that floodplain provisions are inconsistent with such other provisions.
Wetlands. Notwithstanding any provisions of this chapter and particularly Schedule I, to the contrary, the use of all wetlands in the Town of Marion, as set forth on any wetland map that may be duly adopted by the Town Board, or Wayne County, or the New York State Department of Environmental Conservation pursuant to Article 24 of the State Environmental Conservation Law, shall be subject to the provisions of this § 308-8E and any applicable regulations of Wayne County.
Purpose. The purpose of these wetland regulations is to preserve, protect and conserve designated wetland areas in the Town of Marion in order to protect downstream water resources from siltation and pollution, ensure the continuation of the natural flow pattern of watercourses, reduce the potential for flooding, to retain essential breeding, nesting and feeding grounds as well as predator-escape cover for wildlife, and to protect the public health, safety and general welfare by ensuring that wetland resources will be maintained in their naturally functioning state.
Permitted uses. Within a designated wetland, the following uses are permitted, subject to the provisions of § 308-8E(4) of this chapter:
Grazing and watering of livestock.
Growing agricultural products.
Harvesting natural products of the wetland.
Selectively cutting timber and draining the wetland for the purpose of growing agricultural products, except that any structure which is not directly related to enhancement of agricultural productivity, or which involves filling the wetland, shall be considered a special use. [See § 308-8E(3).]
Activities related to public health and the orders and regulations of the New York State Department of Health.
Development in accordance with planned unit development provisions where wetlands are to be maintained as open space and where the Planning Board determines that such development will not despoil said wetland.
Special uses. Within a designated wetland, the following uses are permitted by special permit, subject to any applicable provisions of § 308-46 of this chapter:
Any form of drainage, dredging or excavation of the wetland except as may be provided for in § 308-8E(2)(d) above.
Construction or reconstruction of any structures of roads that might otherwise be permitted in the zoning district in which the wetland is located.
The driving of piles or placement of any obstructions for any purpose.
Procedure. Each landowner or user who intends to conduct a permitted use on a wetland as set forth in § 308-8E shall obtain a permit from the State Department of Environmental Conservation and shall notify the Code Enforcement Officer his intention, stating the location and approximate acreage to be affected, the intended use for such land and the methods to be employed. The Code Enforcement Officer shall be satisfied that the intended use is permitted prior to the issuance of any such permit. Any question of compliance or interpretation shall be submitted to the Zoning Board of Appeals for determination in accordance with § 308-32B(1) of this chapter.
Editor's Note: Schedule I is included as an attachment to this chapter.
Principal building on a residential lot. Except for multiple-family housing development, no residential lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
Accessory buildings and structures. An accessory building or structure attached to a principal building shall comply in all respects with the height and yard requirements of this chapter for the principal building. Detached accessory buildings or structures shall be located to the rear of the front building line of the principal building and shall conform to all requirements of this chapter including § 308-43, Schedule II. (See Article III.)
Accessory structures, more particularly radio antennas, television antennas, satellite dishes and similar communication structures, for private use shall further adhere to the following:
Operation of radio or television equipment shall not create a disturbance for neighboring radio or television reception.
Shall be so installed and arranged as to prevent obstruction to neighbors' view or solar energy gain.
Shall be structurally secured and located so as to prevent damage to neighboring properties.
Shall not exceed a height of 55 feet from existing ground level at its base.
Frontage requirement - principal building lot. Unless modified by the Zoning Board of Appeals as a result of variance procedure, every principal building shall be built upon a lot which has at least 60 feet of frontage on an existing public street improved to meet Town highway standards. (See the definition of "lot line, front.")
Street intersection requirements. At the intersection of two or more streets, no hedge, fence, wall or other obstruction to vision shall be permitted within the triangle of land bounded by the street right-of-way lines and a line connecting points on such right-of-way lines which are a distance of 30 feet from their intersection.
Proposed right-of-way widening. 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.
Open storage. 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 displays. Business structures or uses shall not display goods for sale purposes or place coin-operated vending machines of any type in any location which would infringe upon a public right-of-way or the required yard areas specified in this chapter. (See § 308-43, Schedule II.)
Habitable space requirements. Except as may be set forth in § 308-45A of this chapter, no dwelling unit shall be constructed in the Town of Marion with a total habitable floor area of less than the following:
Commercial vehicle parking. No commercial vehicles shall be parked outdoors in conjunction with a residence or a residential lot in any district unless § 308-9J(1), (2) and (3) can be complied with. (See the definition of "commercial vehicle.")
One vehicle, not to exceed 18,000 pounds maximum gross weight, may be parked in a residential district out of doors on a private driveway for overnight parking or on Sunday.
In Agricultural Conservation and Low Residential Districts only, the parking of commercial vehicles may be permitted when the parcel qualifies as a farm (See the definition of "farm" and § 308-45C.), and the parking of such commercial vehicles is in connection with the operating of the farming activity on said parcel.
Loading facilities - commercial zone requirements. In commercial zones, truck-loading facilities shall be provided so as to permit the transfer of goods in other than the front yard, customer parking area or public street. A landscaped area, for the purpose of screening, shall be provided for any adjacent off-street loading facilities which abut residential zones. Such screening shall not be less than six feet in height. Should the required height of six feet obstruct visibility for ingress or egress of traffic or otherwise create a hazardous condition, a reduction in height may be permitted to ensure safe visibility. (See § 308-9E.)
Utility distribution facilities. The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations and electric substations which require a structure above grade shall be subject to the provisions of § 308-45N of this chapter.
Off-street parking requirements. Off-street parking facilities shall adhere to the following:
Off-street parking space shall be provided as required by Schedule III of this chapter (See § 308-9N.), and shall be furnished with necessary access 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 Engineer. [See § 308-26A(2)(b).]
For the purpose of this chapter, a parking space shall be an area nine feet wide and 19 feet long, exclusive of providing access thereto.
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.
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 parking shall not be less than the sum required for the various buildings or uses computed separately and further provided that the land upon which such parking facilities are located is owned or leased by one or more of the collective users.
All parking areas 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.
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 located and arranged in a grid pattern not greater than 60 feet on center.
Where off-street parking areas in commercial or industrial zones abut a residential zone, a planted buffer strip, hardwood and conifers, at least 10 feet wide shall be provided between the parking area and the adjoining property.
In industrial zones, parking areas may be located in any of the required yard areas, provided they are not less than 50 feet from a street line or 20 feet from any other property line and do not encroach upon the required fire lane.
Fences. Any fences erected in the Town shall adhere to the following:
The erection of any fence over three feet above ground level shall require a zoning permit from the Code Enforcement Officer, except that this provision shall not apply to agricultural uses or to the erection of a wall for the purpose of retaining earth.
Any fence which is located less than 15 feet from the street right-of-way shall not be erected, altered or reconstructed so as to exceed a height of three feet above ground level.
These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms except insofar as such fences might affect public safety.
Unsafe structures. Structures which are determined by the Code Enforcement Officer to be unsafe, due to any cause, shall comply with Chapter 206, Property Nuisance Abatement, and the Property Maintenance Code of New York State.
Enlargement and expansion of existing uses. Permitted land uses or activities existing prior to the adoption of this chapter, which are now permitted only by special permit, as set forth in § 308-42, Schedule I, of this chapter, shall not be enlarged or expanded unless a special permit therefor has been authorized by the Zoning Board of Appeals in accordance with the provisions of §§ 308-25 and 308-26. [See § 308-25D(3).]