A.
Principal buildings. No lot shall have erected upon
it more than one principal building or use. No yard or other open
space provided for any building for the purpose of complying with
the provisions of this code shall be considered to provide a yard
or open space for any other building.
B.
Accessory buildings. No lot shall have an accessory building erected upon it without first having a principal building. An accessory building attached to a principal building shall comply in all respects with the yard requirements of this code for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building, except as provided for in § 245-18D(1), and if, located in a side yard area, shall conform to side yard requirements of Appendix A. [1]For the purpose of regulating the locations of accessory
buildings on corner lots, and on lots extending through 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 district in which said corner lot or through lot is located.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Frontage. Every principal building shall be built
upon a lot with frontage as shown in Appendix A,[2] upon a public street improved to meet Town requirements.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
D.
Construction near water. No construction shall occur within the one-hundred-year floodplain watercourse as determined by the Federal Emergency Management Agency (FEMA). Construction within the floodplain shall be in accordance with Town Code Chapter 159.
E.
District changes. If any area is hereafter transferred
to another district by a change in district boundaries or by an amendment
or repeal of the regulations prescribed for such district or a part
thereof, the provisions relating to the restrictions with respect
to buildings existing at the time of the adoption of this code shall
apply to the building existing at the time of the adoption of such
amendment or repeal in such transferred area.
F.
Access. In no district shall a structure be erected
on a lot in such a way as not to have direct free access to the street.
No building shall later be erected in such a manner as to obstruct
such access.
G.
Display of goods. Business structures or uses shall not display goods for sale purposes in any location which would infringe upon the required yard specified in this code except as permitted in Town Code § 212-20.
H.
Parking of commercial vehicles. No commercial vehicle
of greater than one-ton rated capacity shall be parked out-of-doors
overnight, or on Sunday in conjunction with a residential property
in a residential district. No display vehicles for commercial purposes
shall be parked in any district for the purpose of display or advertising.
I.
Combining/subdividing lots. 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 a manner not infringing upon any yard space required
by this code either with respect to an existing structure or use or
any proposed structures or use.
J.
Temporary shelter. No person shall cause to be constructed,
erected or placed upon real property in any use district, any structure
to be, or capable of being, used as temporary shelter for the persons
or property of anyone having no visible means of support.
K.
Surface water. No improvement on any plot, land or
lot shall be made in such a way as to cause or permit surface water
to overflow onto any public highway or abutting property in such a
manner as to interfere with the natural drainage of land.
L.
Dumpster enclosures.
(1)
In all districts, other than R-1 and R-2, all dumpsters
and containers, compactors or other devices for the disposal of garbage
or refuse, or areas designated for such refuse, shall be enclosed
and properly maintained. The enclosures shall be a minimum of six
feet in height or one foot above the highest point of the sanitation
dumpster or container, compactor or other device, whichever is greater.
(2)
The fencing or enclosure shall be of architectural-quality
material or wood or concrete block as provided in this code. The location
and construction of any such enclosure shall be in conformance with
this code and the Town Building Code.[3]
(3)
Fencing or screenwall shall have not more than 25%
open area when utilized for sanitation enclosures.
(4)
Containers or dumpsters, compactors or other devices
for the disposal of refuse shall have a top or lid which closes and
is in proper working order at all times. There shall be a three-foot
setback or clearance around the container or dumpster.
M.
Exterior finish. The front, side and rear of structures
in all districts shall be of a finished architectural-grade material.
When such structures are visible from any Residential or Commercial
District or public highway or right-of-way within a subdivision, no
bare concrete block, painted or unpainted, shall be utilized.
N.
Aboveground LPG tanks. Any tank maintained for the
storage of 250 gallons or more of propane gas for any use shall be
enclosed by a fence of a minimum of six feet in height or one foot
above the highest point of the tank, whichever is less. The fencing
should be of architectural-quality material or wood or concrete block
as provided in this code.
O.
Flammable liquid storage tanks. The storage of flammable
liquids for wholesale or retail sale shall be limited to 35,000 gallons,
to be entirely of underground storage in tanks having a maximum capacity
of 10,000 gallons each. The storage of flammable liquid, in areas
approved for tank storage above ground, shall not exceed a one-thousand-gallon
capacity of all tanks.
P.
Underground storage tanks. Storage tanks not utilized
or abandoned for a period of 60 days shall be filled with an inert
material or removed.
Q.
Damaged structures. No building damaged by fire or
other unintentional causes to the extent of more than 50% of its full
value, computed on the last preceding Town assessment roll, may be
repaired or rebuilt. If a building is damaged to the extent of less
than 50% of its value, computed on the last preceding assessment roll,
then it must be rebuilt or repaired within six months of the date
of notification by the Building Inspector or occurrence of damage
(whichever shall first occur).
R.
Mobile homes. No individual trailers, mobile homes
or house cars can be used for or arranged to be used for living or
sleeping quarters, and they will not be permitted in any use district
in the Town of Niagara, except approved mobile homes in a permitted
mobile home park.
S.
Noise control. The making, creation or maintenance
of any noise which in its character, intensity, duration or repetition
is such as to annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of a reasonable person of normal sensibilities
shall be prohibited.
A.
Vision clearance. No wall, fence or other structure
more than three feet in height above the street grade shall be erected
in the area of a corner lot at the intersection of two street lines
bounded by a distance of 15 feet from said intersection and a line
connecting these two fifteen-foot points, nor shall any foliage be
allowed to grow above this height in said area. Trees with the lower
branches 12 feet above the street intersecting at an acute angle shall
have greater clearance area.
B.
Fences. Fences in all districts except the Industrial
District shall not exceed four feet in height up to the front setback
of the principal building, and shall not exceed six feet in height
on the remainder of the lot. Fences in Industrial Districts shall
not exceed eight feet in height when used for industrial purposes.
In no instance shall any fence be constructed to interfere with the
light or air of any building. Barbed wire, used for a fence or upon
any other structure, shall be not less than six feet above finish
grade, except in Agricultural Districts for animal enclosures. The
good/finished side of a fence must face outward from the property.
[Amended 10-21-2003]
A.
Applicability. The height limitations of this code
shall not apply to church spires, belfries, cupolas, flagpoles, communications
antennas and functional windmills, nor do they apply to domes, ornamental
and observation towers and water tanks, if such occupy no more than
25% of the total lot area.
B.
Roof level. Chimneys, ventilators, skylights, water
tanks, television and radio antennas and similar features, and necessary
mechanical appurtenances usually carried on and above the roof level,
may exceed the height limitations of this code by not more than 20
feet.
C.
Exceptions. The provisions of this code shall not
apply to prevent the erection of a parapet wall or cornice for ornament,
extending above the height limits of this code by not more than five
feet.
D.
Airport vertical zoning. Height regulations as required
by this code are in effect in all areas of the Town, except where
they may be in conflict with vertical zoning requirements of the Niagara
Falls International Airport, in which case the airport regulations
govern.
A.
License and fees.
(1)
A license fee shall be paid to the Town for each unit
and mobile home lot actually used or occupied during each month or
any part thereof, such monthly fee to be paid in full for each unit
so used or occupied during any fraction or part of the month, irrespective
of the fact that such use or occupancy does not cover the entire month.
(2)
Each owner shall, on the first day of each month,
determine the number of units in the park used or occupied and shall,
on or before the tenth day of such month, file with the Town Clerk
a written affidavit sworn to and verified before a notary public or
other officer lawfully authorized to administer oaths stating the
number of such units and lots so used or occupied on the first day
of each month. At the time of filing such affidavits, the licensee
shall pay to the Town Clerk the monthly license fee. In the event
that other such units or lots shall be so used or occupied during
such month following the first day thereof, the licensee shall be
obligated to report such additional use or occupancy to the Town Clerk
by like affidavit no later than the tenth day of the following month,
and shall at the same time pay the additional monthly license fee.
(3)
In the event that any such monthly license fee is
not paid within the time prescribed, a penalty of 10% shall be added
thereto, and the licensee shall thereafter be obligated to pay the
aggregated amount of the unpaid amount of such unpaid fees and penalty
at the rate of 1% per month from the date on which such unpaid fees
become delinquent until all of said sums shall have been paid in full.
(4)
The Building Inspector shall have the authority to
enter and inspect any mobile home park licensed under these provisions.
B.
Performance standards.
(1)
Not more than one mobile home may be parked on any
one mobile home lot.
(2)
Fences within mobile home parks shall not exceed three
feet in height.
(3)
Visitor parking areas will be provided. Parking for individual lots shall be governed by Article VIII.
(4)
Internal street pavement width shall be a minimum
of 24 feet.
(5)
All intersections, curves and turns within the park
shall be wide enough to allow emergency vehicle and sanitary vehicle
access.
(6)
Bulk refuse storage and pickup shall be provided.
(8)
A security lamppost shall be installed on each lot.
(9)
All driveways shall be a minimum of 10 feet wide by
40 feet long and asphalt-covered.
(10)
A private fire service system shall be provided,
with fire hydrants located every 350 feet within the park area.
(11)
No mobile home shall be located closer than
100 feet to a public roadway or closer than 20 feet to a lot line.
