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Town of Ontario, NY
Wayne County
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Table of Contents
Table of Contents
[Amended 9-21-2020 by L.L. No. 5-2020]
A. 
No structure, building or parcel shall hereafter be used or occupied and no structure or building shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations for the district in which it is located, and no more than one single-family dwelling shall be erected or constructed upon a single parcel of land.
B. 
No part of a yard, open space, parking space or loading space required for any structure under this regulation shall be included as part of a yard, open space, parking space or loading space similarly required for another structure or building.
C. 
No yard, lot or parking space now existing shall be reduced in size below the minimum requirements of this chapter. Yards or lots created after the effective date of this chapter shall meet its minimum requirements.
D. 
Within each district, the regulation established by this chapter shall be minimum regulations and shall be applied uniformly to each class or kind of structure or building or parcel.
If the plat of a residential subdivision containing one or more new streets has been duly filed in the Wayne County Clerk's office prior to the adoption or any amendment of this chapter, the lots of the subdivision may be developed with the lots and yards delineated on the plat and any provision of this chapter requiring larger lots or yards shall not apply to the subdivision for a period of three years from the date of such filing. If the plat is being filed in sections, the three years shall be computed from the last date of the filing of a section prior to such adoption. If an additional section is filed after such adoption but within the three-year period and less than one year of the period remains, the three-year period shall be extended as to such section only for one year from the date of its filing.
Where a lot in one ownership exists in two or more districts, the regulations for any one district may be extended into the other district or districts for a distance of not more than 20 feet. Extensions of more than 20 feet shall be permitted only by approval of the Zoning Board of Appeals.
Nothing contained in this chapter shall limit or restrict the height of a church spire, belfry, clock tower, chimney flue, elevator bulkhead, television antenna.
Nothing contained in this chapter shall prevent the projection of an open fireproof escape or stairway into a rear yard or side yard for a distance not to exceed eight feet.
A. 
In any district, any structure shall comply with all applicable setbacks, except that a single accessory structure no larger than 192 square feet in building area or no greater than 14 feet in building height may be placed no closer to a side or rear property line than five feet. This subsection shall not apply to fences.
B. 
Location.
(1) 
No detached garage or other accessory building or structure, including utility sheds, shall be constructed nearer the front property line than the front of the main building or, in the case of a corner lot, nearer to the side street line than the minimum road front setbacks for the zoning district. If a garage is constructed as a structural part of an existing dwelling, it may extend into an interior side yard required under this chapter not more than three feet. This section shall not include fences.
(2) 
Where the front yard (as defined in § 150-5 and as illustrated at the end of this chapter) is more than 200 feet in depth, a garage or accessory building or structure, including utility sheds, shall be no closer than 200 feet to the front lot line.
In any such parcel of land with an area or width less than prescribed for a lot in the district in which such lot is situated, which parcel was under one ownership on the effective date of this chapter and the owner thereof owned no adjoining land, said parcel may be used as a lot for any purpose permitted in the district, provided that there shall be compliance with all other regulations prescribed for the district by this chapter.
In any district, no lot may hereafter be used nor any building or structure erected, reconstructed, structurally altered or moved for use as a junkyard as defined in this chapter. (See § 150-5.)
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.
In any district, all storage of materials shall be behind the front line of the primary structure located on such premises. Any structure used for the storage of materials shall comply with all applicable setbacks. The foregoing requirements shall not apply to the placement of a temporary storage structure which remains on such premises for no more than two weeks in any 12 consecutive months.
A. 
A permit issued by the Code Enforcement Officer is required prior to the erection of any fence in any district. Such permit shall be issued upon an application submission of the following:
(1) 
Site plan showing the placement and dimensions of the proposed fence, all of which shall be in compliance with the requirements of this section.
(2) 
Payment of an application fee in an amount established by the Town Board.
B. 
In all districts, fences shall comply with the following:
(1) 
Barbed-wire, razor wire, electrical (with the exception of low-voltage, underground, pet containment fences) or other, similar types of fences are prohibited, except on farms or to enclose horse paddocks.
(2) 
Fences shall have a maximum height of six feet five inches (excluding commercially manufactured decorative caps located on top of fence posts), measured from the top of the fence to the ground.
(3) 
Commercially manufactured decorative caps located on top of fence posts shall not exceed 12 inches in height and width.
(4) 
Fencing shall follow the natural contour of the land.
(5) 
Fences shall be constructed so that the finished side faces adjoining lots and all posts and/or supports shall face the owner's side.