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 as permitted uses in each
zone district of this chapter and meeting the requirements set forth
herein. Open space contiguous to any building shall not be encroached
upon or reduced in any manner except in conformity with the area and
bulk requirements, off-street parking requirements and all other regulations
required by 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 zoning compliance shall become
null and void.
A.
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, except for:
(1)
Public bridges, public waterworks and other municipal
or public utility facilities.
(2)
Such private bridges, fords, drainage conduits, embankments
and similar structures as are necessary to permit access to a lot
or portion thereof or as are incidental to a lawful use of a lot,
provided that such structure will not have a material adverse effect
on the stream nor alter the flow of water therein nor substantially
increase the likelihood of flood or overflow in the area.[1]
[1]
Editor's Note: See also 559, Flood Damage
Prevention.
B.
No person shall strip, excavate or otherwise remove
topsoil for sales or other use other than on the premises from which
taken, except in connection with the approved construction or alteration
of a building, pond or swimming pool on such premises or lawful excavation
operations.
C.
Whenever natural features such as trees, brooks, drainage
channels and views interfere with the proposed use of property, the
retention of the maximum amount of such features consistent with the
intended use of the property shall be encouraged.
A.
The following regulations are applicable to all zones:
(1)
Except as specifically provided herein, no 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, right-of-way or other open space required for any other building.
(2)
An accessory building attached to a principal building
shall comply in all respects with the yard requirements of this chapter
for the principal building. Detached accessory buildings shall be
located to the rear of the front building line of the principal building,
except in cases where a minimum accessory building setback of 150
feet from the road center line is maintained. This is not intended
to preclude the construction of gazebos and screened structures, not
to exceed 144 square feet and 12 feet in height, in front of the building
line of the principal building. Such ornamental structures shall not
be permitted to be converted for storage. Detached accessory buildings
located in the side yard area shall conform to side yard requirements
of the Zoning Schedule.[1] In no case, however, shall said buildings be closer to
the street than 75 feet from the center line of the road. Existing
ornamental structures, including gazebos and screened porches, shall
be grandfathered and shall be permitted even if they don't meet the
setback requirements, provided that they are not located in such location
as to create a potential hazard. Detached accessory buildings for
farm use may be located closer to the street right-of-way line than
the principal building.
[Amended 5-11-2000 by L.L. No. 1-2000]
[1]
Editor's Note: The Zoning Schedule is included at the end of this chapter.
(3)
Frontage requirements. Every principal building shall
have access to a public road with a minimum width as prescribed for
the zoning district within which it is located.
[Amended 5-11-2000 by L.L. No. 1-2000; 8-11-2005 by L.L. No.
2-2005; 5-12-2020 by L.L. No. 1-2020]
(4)
No hedges, shrubs, trees or other obstructions shall
be allowed within the road right-of-way. At the intersection of two
or more streets, no hedge, fence or wall (other than a single post
or tree) which is higher than three feet above curb level nor any
obstruction to vision shall be permitted in the triangular area formed
by the intersection of the nearest right-of-way lines and a line joining
each 50 feet distant from said intersection along the nearest right-of-way
lines.
(5)
Where a building lot has frontage on a street which
is proposed for right-of-way widening, the required front yard setback
area shall be measured from such proposed right-of-way line.
(6)
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required yard areas specified in this chapter. However, a temporary roadside stand meeting requirements of Article VIII is not prohibited, and any such temporary roadside stand is exempted from yard and setback requirements for the use district in which it is located.
(7)
No manure, odor or dust-producing substances shall
be permitted to be stored within 75 feet of any lot line. Any solid
manure storage shall be a minimum distance of 75 feet from any property
line. Any liquid storage shall be a minimum distance of 150 feet from
any property line.[2]
(8)
Not more than one commercial vehicle with a rated
capacity in excess of one ton shall be parked out-of-doors, overnight
or on Sunday, in conjunction with a residential property in a residential
zone.
(9)
For the purposes of regulating the locations of accessory
buildings on corner lots and on through lots extending 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.
(10)
(11)
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 or use, the subdivision must be carried out in such a manner
as will not infringe upon any of the provisions of this chapter either
with respect to any existing structures or use and any proposed structures
or use or setbacks.
(12)
Nothing in this chapter shall restrict the construction,
use or maintenance of public buildings, structures or facilities,
parks or other publicly owned properties or the installation and maintenance
of such public utilities as may be required to service any district.
All facilities shall be subject to the yard requirements of this chapter
and to site plan review.
(13)
Fences erected in the Town shall adhere to the
following standards:
(a)
No fence in a residential district shall be
erected, altered or reconstructed to a height exceeding three feet
above ground level when located within 25 feet of the street right-of-way
line.
(b)
Fences in residential districts may be erected,
altered or reconstructed to a height of up to eight feet above ground
level, provided that such fence is located more than 25 feet from
the street right-of-way line.
(c)
Fencing used to enclose a tennis court may be
permitted up to 10 feet in height, provided that such fencing is not
less than 25 feet from either the side or rear property line.
(d)
These restrictions shall not be applied so as
to restrict the erection of a wall for the purpose of retaining earth,
except if within a highway right-of-way, when permission of the Highway
Superintendent is required.
(e)
No fence in a business or industrial district
shall exceed eight feet in height, except that they shall not exceed
three feet in height in front yards.
(f)
Fences in the Agricultural District shall not
exceed eight feet in height. This limitation shall not apply to farms.
(g)
Fences for kennels and for the purpose of enclosing
farmland and horses and cattle shall not exceed eight feet in height.
(h)
No fence shall be erected to encroach on any
property line or upon a public right-of-way.
(14)
If the use of any lot or building involves the
disposal of sewage or wastewater and public sewers are not available,
an adequate sanitary disposal system for the same shall be installed
in accordance with regulations and standards promulgated by the Department
of Health and at all times maintained on such lot or in lawful connection
therewith. The minimum lot area otherwise required shall be increased
where necessary to the extent required to provide such disposal system.
Certification of approval for installation of on-site sewage disposal
systems shall be obtained from the Department of Health and submitted
to the Code Enforcement Officer prior to the issuance of a certificate
of occupancy.
(15)
Except for customary farm operations, no lot
shall be used for the commercial storage or disposal of solid or liquid
waste without the prior approval of the Town Board. Duly approved
individual sewage disposal systems shall be excepted from this provision.
Town Board approval shall be given only upon a finding that the proposed
use shall not have a detrimental effect upon surrounding properties
and evidence of any required permits necessary from the New York State
Department of Health and/or Environmental Conservation. The Town Board
may require the submission of any documents necessary to make the
foregoing finding. This provision shall not prohibit the storage of
animal waste upon any farm.[5]
(16)
Discharges from individual sewage disposal systems
shall be in accordance with approved plans and the procedures and
standards of the County Health Department and the New York State Department
of Environmental Conservation.
(17)
All construction plans shall include consideration
of stormwater drainage needs. Site grading shall direct water away
from buildings and structures to the natural drainageway. Existing
drainage patterns shall not be altered without permission of the Town
Engineer.
(18)
Any structure which has been vacant and which
has had utility service disconnected for two years shall not be used
for residential purposes without obtaining a new certificate of zoning
compliance.
(19)
Any structure completely destroyed by fire shall
require a new building and use permit before any reconstruction is
started and a new certificate of zoning compliance shall also be required.
(20)
Any structure partially destroyed by fire shall be rebuilt in accordance with § 700-21, Restoration, of this chapter and the following additional provisions:
(a)
No permit shall be required to restore/replace
any portion of a structure to its same condition prior to its being
damaged.
(b)
Any change in a structure damaged by fire, including
but not limited to size of building, bearing walls, entranceways or
building materials, shall require a permit, and said reconstruction
shall meet or exceed minimum State Uniform Fire Prevention and Building
Code requirements.
(21)
There are currently no junkyards authorized
to do business in the Town of Marilla as of the date of adoption of
this Code amendment. No new junkyards shall be allowed to initiate
operations anywhere within the Town.[6]
(23)
It shall be unlawful, within the limits of the
Town of Marilla, for any person to park any manufactured home or recreational
vehicle on any highway or other public place between the hours of
9:00 p.m. and 6:00 a.m. Emergency or temporary parking for a period
of not more than 24 hours shall not be construed as a violation of
this chapter, but shall be subject to any other restrictions imposed
by law, ordinance or parking regulations.
(24)
The following temporary structures shall be
deemed to be permitted uses in all zoning districts:
(a)
Temporary structures or uses incidental to construction work, including a nonilluminated sign, not exceeding 12 square feet in area, of any contractor, engineer or architect, shall be permitted for a period of time not to exceed one year, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of such time limit shall require the approval of the Board of Appeals, pursuant to Chapter 704, Zoning Board of Appeals, of the Code of the Town of Marilla.
[Amended 12-14-2006 by L.L. No. 2-2006]
(b)
The temporary use of a dwelling as a model home
for a period of time not to exceed one year.
(25)
No television dish antennas shall be located
in a front yard. Such antennas may be located in rear and side yards.
No dish antennas may be located within 10 feet of a side or rear property
line. If located in a side yard, the television dish antennas shall
be set back not less than 15 feet from the front line of the building.
This section shall not apply to television dish antennas less than
one meter (3.2833 feet) in diameter.
(26)
No commercial antennas or telecommunications facilities shall be allowed within the Town of Marilla without a special use permit approved by the Town Board. The provisions of Chapter 657, Telecommunications Facilities, of the Code of the Town of Marilla shall be applicable for such uses. This subsection shall not apply to television dish antennas less than one meter (3.2833 feet) in diameter.[8]
[Amended 12-14-2006 by L.L. No. 2-2006]
(27)
This subsection shall be applicable to all future
ponds not existing at the time of the adoption of this subsection.[9] This subsection is applicable only to ponds in the Town
of Marilla having a depth greater than two feet and a surface area
greater than 200 square feet. This subsection shall not be applicable
to swimming pools or impoundments designed as a stormwater management
structure as part of a subdivision or site plan approved by the Town.
(a)
All ponds shall be located at least 75 feet
from any property line.
(b)
The slope of the bank of a pond, both above
and below water, shall not exceed a slope of 1:3 within 10 feet of
the average water level in accordance with a plan endorsed by the
Erie County Natural Resource Conservation Service (NRCS).
(d)
The construction of ponds shall adhere to all
applicable permitting and regulatory requirements, including but not
limited to mining, dam construction and the State Pollutant Discharge
Elimination System.
[9]
Editor's Note: This subsection was originally
adopted 11-7-1996 by L.L. No. 4-1996; amended 10-8-1998 by L.L. No.
1-1998.
(28)
Subdivisions within the Town of Marilla will
be restricted to the R-R Rural Residential, B Business and B-1 Restricted
Business Zoning Districts.
[Amended 5-11-2006 by L.L. No. 1-2006; 12-14-2006 by L.L. No.
2-2006]
(29)
No permit for construction of a principal building on a lot shall
be issued until the applicant can provide written verification of
the ability to provide an adequate water supply for the intended use
of the subject property for which the permit is sought.
[Added 8-10-2021 by L.L.
No. 2-2021
[1]
Editor's Note: Former § 700-12, Flag lots, added 8-11-2005
by L.L. No. 2-2005, as amended, was repealed 5-12-2020 by L.L. No.
1-2020.
