All accessory buildings shall observe the same
yard requirements as principal buildings except for the following:
A.
In any A-R District, accessory buildings, except for
private garages, shall be a minimum of 75 feet from any public street.
B.
In any R District, accessory buildings lying wholly
within a rear yard may extend not closer than five feet to the side
or rear lot line.
C.
In C and M Districts, accessory buildings lying wholly
within a rear yard shall be a minimum of five feet from a side or
rear lot line, except that accessory buildings used for business or
individual purposes shall be a minimum of 50 feet from any R District
boundary.
D.
In any district, the distance between the main building
and the accessory building shall be a minimum of 10 feet.
Storage sheds accessory to a dwelling which
exceed perimeter dimensions of eight feet by 10 feet shall require
a permit from the Town Building Inspector.
A.
Front yard exceptions.
(1)
Except as hereinafter provided, a required front yard
need not exceed the average of those front yards within a distance
of 500 feet of either side of the lot to be developed.
(2)
To provide future protection against certain adverse
impacts of strip development, required front yards for all uses fronting
on any state or county highway shall be a minimum of 65 feet.
(3)
Maximum front yards for dwellings in any district
shall not exceed the accepted minimum by more than 15 feet, with the
exception of already existing and approved flag lots.
B.
Side yard exception for corner lots. On a corner lot
where the rear lot line coincides with a side lot line of an adjoining
lot, the required width of the exterior side yard shall be a minimum
of 25 feet; the required width of the interior side yard shall be
a minimum of five feet. In no case shall principal buildings be closer
than 15 feet.
C.
Rear yard exception for through lots. On a through
lot where the rear lot line coincides with a street line, a front
yard equivalent shall be provided. The rear yard depth requirements
in the district regulations shall not apply on that portion of a through
lot where a front yard equivalent is required.
D.
Yards for multistoried buildings. All required yards
for buildings of three or more stories shall either be as regulated
above or shall be a minimum of five feet per story, whichever is greater.
E.
Flag lots. Flag lots shall not be permitted in the
Town of Wheatfield.
[Amended 3-20-2000 by L.L. 3-2000]
The following shall be exempt from the height
limitations as provided herein:
A.
Chimneys, flues, spires and belfries.
B.
Flagpoles, radio or television antennas, masts or
aerials located on a building and extending not more than 20 feet
above the roof of such building.
C.
Elevator or stair bulkheads, roof water tanks or cooling
towers (including enclosures), provided that such structures, in the
aggregate, do not occupy more than 10% of the roof area.
D.
Solar energy systems.
To the fullest extent feasible, building heights
and other obstructions to sunlight shall be regulated (on southerly
lots) to provide adjoining northerly lots the following level of access
to sunlight. Sunlight shall be available to rooftop solar collectors
for approximately three hours before and three hours past solar noon
on November 1 (the east-west limits of sky space determined by the
hours; the lower limit determined by the month).
No sign, fence, wall, hedge, shrub, planting
or tree foliage which obstructs vision at elevations between three
and seven feet above the street level shall be placed or maintained
within the triangular area formed by two intersecting street lines
and a line connecting points thereon 30 feet distant from their point
of intersection.
All roadside stands shall be a minimum of 15
feet from the pavement.
Any portion of a lot, with the exception of
single- and two-family dwellings, used for open off-street parking
or reservoir space for open sales, service or storage areas for motor
vehicles, contractor's equipment or boats shall be deemed to be an
automotive use area. No building, pump, motor vehicle or any other
equipment or storage shall be closer than 25 feet of an R District,
nor 20 feet of a street line. New automotive use areas or enlargements
of existing automotive use areas shall be subject to the following
requirements:
A.
Surfacing. Every automotive use area and access driveway
thereto shall be surfaced with a durable and dustless material and
shall be so graded and drained as to dispose of surface water accumulations.
B.
Lighting. Any fixture used to illuminate any automotive
use area shall be so arranged as to direct the light away from the
street and from adjoining premises in any R District.
C.
Screening. Every automotive use area, except off-street
parking areas for less than five vehicles, shall be screened from
any adjoining lot in any R District by a landscaped buffer of no less
than five feet in width. Such buffer shall be landscaped and maintained
by the owner.
D.
Access. No entrance or exit to an automotive use area
shall be permitted within 30 feet of any intersecting street lines
and, except for permitted residential off-street parking areas in
R Districts, no entrance or exit shall be permitted within 10 feet
of a lot in any R District.
E.
Restriction. No automotive use area shall be used
for auto wrecking or for storage of wrecked, partially dismantled
or junked vehicles or equipment or motor vehicles which do not qualify
for New York State motor vehicle registration.
To provide visual protection from the storage
of equipment and materials, all such storage in any district shall
be within completely enclosed buildings or, if left open to the sky,
shall be effectively screened from public view. Screening shall be
of sufficient height and density to completely hide the storage from
public view. In certain cases, fencing may be necessary to supplement
landscaping. All screening (fences, landscaping or combinations of
each) shall be maintained in such manner as to present a neat and
orderly appearance at all times.
[Amended 9-15-2008 by L.L. No. 8-2008; 4-9-2012 by L.L. No.
1-2012]
A.
Purpose. The purpose of this section is to provide for the privacy
and safety of residents by regulating fencing in the Town of Wheatfield.
B.
APPROVED MATERIALS
FENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All fences must be constructed of such composition as normally
used in the industry, e.g., wood, vinyl or chain link. Barbed-wire
fences are prohibited in residential, commercial and agricultural
districts, except for agricultural-related use. Minimum-maintenance
materials should be used when available.
A freestanding barrier enclosing a yard and/or a swimming
pool and used to prevent entrance, to confine, or to mark a boundary.
C.
Rules and regulations; prohibited uses.
(1)
Approval, permit and sketch plan required. Before a fence shall be erected, an application must be obtained from the Building Department, except that fences described in Subsection C(7)(a) of this section shall not require a permit. A sketch plan must be included along with a completed application. The sketch plan must show the height and location of the fence in relation to other structures, streets and property lines. All fences, in every zoning district, are subject to the Building Inspector's approval.
(2)
Appearance. Any fence abutting residential districts shall be constructed
so that the decorative side faces out. The enclosure shall be constructed
so that the nonclimbable face or the finished side is visible to neighboring
properties. No portion of the fence shall be closer than six inches
to the property line. All fences shall be of a permanent type and
shall be well maintained.
(5)
Swimming pools. Fencing must comply with Appendix D of the New York
State Residential Code.
[Amended 11-7-2022 by L.L. No. 3-2022]
(6)
Nonresidential areas.
(7)
Prohibited uses.
(a)
Snow fences may be erected and maintained only in locations
appropriate for the control of snow between the dates of November
1 and April 1. All other uses, with the exception of temporary protection
at emergency and/or construction sites, are strictly prohibited.
(b)
No fence shall extend into the right-of-way of a public or private
road.
(c)
No fence shall be erected in such a manner as to inhibit or
divert the natural drainage flow or to cause the damming of surface
water, creating ponding.
(d)
No fence shall be erected which may cause a fire hazard or other
dangerous condition or which may result in obstruction to the effective
combat of fire.
(e)
No fence, hedge, shrub planting, tree foliage or wall which
obstructs vision at elevations between three inches and seven feet
above street level shall be placed or maintained within the triangular
area formed by two intersecting street lines and a line connecting
points thereon 30 feet distant from their point of intersection.
D.
Enforcement. Enforcement of this section shall be the responsibility
of the Building Department or as designated by the Town Board.
E.
Penalties for offenses. Any person who shall violate this section
shall be guilty of an offense and, upon conviction, shall be subject
to a fine of not less than $100 and not more than $250 for each and
every offense. Each week's offense (violation) shall constitute a
separate and additional violation. Notwithstanding the penalty hereinabove
provided, the Town of Wheatfield may enforce obedience to this section
or any part thereof by injunction to restrain such violation.
F.
Effect on preexisting fences. Fences which existed of the date of
enactment of this section shall be approved as a nonconforming use.
All renovations or additions to preexisting fencing must meet the
requirements of this section.
A.
No improvement on any plot or lot shall be made in
such a way so to cause or permit surface water to overflow onto any
public highway or abutting property in such manner as to interfere
with the natural drainage of the land. A drain, ditch or swale shall
be provided between abutting properties of sufficient size to carry
surface water in the direction of natural drainage of the land.
B.
Upon subdivision approval and completion, grades of
all approved lots shall be kept within six inches of final grade.
A.
All building elevations for dwellings shall be set
with the lowest architectural opening at 12 inches minimum above the
crown of the road.
B.
When an abutting residence exceeds the twelve-inch
minimum, the new construction may not exceed that elevation.
C.
In unique circumstances, the Building Inspector and/or
Town Engineer shall set the standards.
For regulations regarding unregistered vehicles and commercial vehicles, see Article VIII, § 200-58A(2) and (3).
[Amended 7-2-1990 by L.L. 2-1990; 9-15-2008 by L.L. No. 8-2008]
A.
Adult uses shall be allowable in an M-1 or M-2 District
only upon issuance of a special use permit.
B.
Purposes and considerations. The following purposes
and considerations shall apply:
(1)
In the execution of this chapter it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these
uses in regard to areas where our youth may regularly assemble and
the general atmosphere encompassing their operation is of great concern
to the Town of Wheatfield.
(3)
These special regulations are itemized in this section
to accomplish the primary purposes of preventing a concentration of
these uses in any one area and restricting their accessibility to
minors.
C.
The adult uses as defined in § 200-11C are to be restricted as to location in the following manner in addition to any other requirements of this chapter.
(1)
Any of the above uses shall not be located within
a five-hundred-foot radius of any area zoned for residential use.
(2)
Any of the above uses shall not be located within
a one-half-mile radius of another such use.
(3)
Any of the above uses shall not be located within
a five-hundred-foot radius of any school, church or other place of
religious worship, park, playground or playing field.
D.
The restrictions enumerated in Subsection C above may be waived by the Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met:
(1)
That the proposed use will not be contrary to the
public interest or injurious to nearby properties and that the spirit
and intent of this chapter will be observed;
(2)
That the establishment of an additional use of this
type in the area will not be contrary to any program of neighborhood
conservation or improvement, either residential or nonresidential;
and
F.
By amortization, the right to maintain a legal nonconforming
adult use shall terminate in accordance with the following schedule:
|
Amount of Capital Investment*
(dollars)
|
Date Before Which Use Shall Terminate
| |
|---|---|---|
|
0 to 5,000
|
January 1, 1992
| |
|
5,001 to 8,000
|
January 1, 1993
| |
|
8,001 to 15,000
|
January 1, 1994
| |
|
15,001 to 22,000
|
January 1, 1995
| |
|
22,001 or more
|
January 1, 1996
|
|
NOTES:
| ||
|
*
|
The term "capital investment," as used above,
is defined to mean the initial outlay by the owner or operator of
the use to establish the business as of the date of the enactment
of the law, exclusive of the fair market value of the structure in
which the use is located.
| |
G.
Design regulations. The following design regulations
shall apply:
(1)
Minimum lot area: two acres.
(2)
Minimum lot width: none.
(3)
Minimum yards for structure, parking, loading and/or
stacking:
|
Yard
|
Structure
(feet)
|
Parking Loading and/or Stacking
| |
|---|---|---|---|
|
Front, from right-of-way of dedicated street
|
100
|
100
| |
|
Side, abutting nonresidential street
|
100
|
100
| |
|
Rear, abutting nonresidential street
|
100
|
100
| |
|
Side and rear, abutting a residential district
|
Not permitted
|
|
NOTES:
| |
|
The entire area shall be landscaped with conifers
and deciduous trees in equal proportions at spacing not more than
50 feet on center. Trees shall have a minimum caliper of 2 1/2
inches measured one foot above finished grade.
|
(4)
Maximum building height: 12 feet.
(5)
Maximum lot coverage: as uses, yard and off-street
parking, loading and stacking and landscaping requirements permit.
(6)
Enclosure: all principal and accessory uses, except
signs, landscaping and off-street parking shall be conducted within
a completely enclosed structure.
H.
Special use permit.
(1)
No use as described in this section shall be established
until the issuance of a special use permit by the Town Board. Application
for such a special use permit shall be in writing to the Town Board
and shall consist of a description of the premises for which the permit
is sought and a plain and concise statement of the use which is proposed
and stating specifically that juveniles shall be prohibited from entering
the premises and such additional information as shall be required
by the Town Board. The Town Board shall call a public hearing for
the purpose of considering the request for a special use permit. At
least 10 days' notice of the time and place of public hearing shall
be given by the publication of a notice in a newspaper of general
nature of the public hearing and the fact that those persons interested
therein may be heard at the time and place of such a hearing.
(2)
A special use permit issued under the provisions of
this section shall not be transferable.
I.
Penalties for violations. Any person violating any
of the provisions of this section shall be fined not less than $50
nor more than $250 for each offense and may, in addition to any such
fine, be imprisoned for a term not to exceed 15 days and each day
such violation shall continue shall be regarded as a separate offense.
A.
The parking of trailers is prohibited in any residential
district except for home utility or recreational-type trailers.
B.
In nonresidential districts, where the parking of
commercial trailers is permitted, the use of such trailers for miscellaneous
storage shall be limited to rear or side yards only.
[Added 3-19-2001 by L.L. No. 1-2001;
amended 10-1-2001 by L.L. 2-2001]
B.
No mining or excavation activities shall be permitted
within the Town of Wheatfield unless such mining and excavation is
in furtherance of Townwide drainage and subject to a special use permit
to be issued by the Town Board. This section shall not apply to excavation
for basements and utilities or to detention ponds for subdivisions
and site plans designed according to Town design requirements. In
determining whether to issue a special use permit for mining and excavation
activities, the Town Board shall consider the following:
(1)
The uses of the surrounding neighborhood.
(2)
Density of population.
(3)
Impact upon traffic in the neighborhood.
(4)
Impact of the activity upon streets and roads.
(5)
The benefit to be achieved by the Town for the
drainage project.
(6)
The impact of the project on the surrounding
area in terms of dust and noise.
(7)
Any other factors which the Town Board deems
relevant.
C.
Any special use permit for mining and excavation shall
be for a period of one year and may be renewed for two additional
periods of one year each, but shall not be renewed thereafter.
D.
In the event that a New York State Department of Environmental
Conservation permit and completion bond is not required for a particular
mine or excavation, then the applicant shall furnish a bond to the
Town.
E.
As conditions for the issuance of a special use permit,
the applicant shall:
(1)
Submit a written procedure for the cleanup and
maintenance of roads, shoulders and other property.
[Amended 3-3-2003 by L.L. No. 5-2003; 7-16-2007 by L.L. No.
5-2007]
A.
The objectives of identifying conservation areas and
regulating activities near them are as follows:
(1)
Important environmental features shall be preserved
to the greatest extent feasible.
(2)
Important environmental features shall be mapped
to illustrate existing conditions for all site plan and subdivision
applications to enable effective site development analysis.
(3)
Development shall be sited to minimize adverse
impacts to water quality, fish or wildlife habitats, freshwater wetlands,
stormwater runoff, septic systems or any other activity on the site.
(4)
To the greatest extent feasible, new structures
shall be sited a minimum of 100 feet from the streambank or outside
the designated floodplain area, whichever is greater, in order to
establish a buffer adjacent to the waterway to absorb floodwaters,
trap sediments, protect habitats and preserve scenic qualities.
(5)
The amount of land clearing shall be minimized
and development shall be designed around significant resources on
site.
(6)
Important habitats on site shall be identified
and new development shall avoid these areas to the greatest extent
feasible.
B.
Definition:
(1)
For the purposes of this article, conservation
areas in the Town of Wheatfield shall be defined to include:
(a)
Watercourses and wetlands as shown on the USGS
Quadrangle Maps, the Town of Wheatfield Environmental Drainage Map
and the Town of Wheatfield Environmental Features Map contained within
the Town of Wheatfield Land Use Study, October 2001.
(b)
Watercourses and wetlands as defined by the
New York State Department of Environmental Conservation and United
States Army Corps of Engineers.
(c)
Floodway areas as delineated on the Flood Insurance
Rate Maps and Flood Boundary Floodway Maps and wetlands.
(d)
Any area determined to be a wetland by a licensed
soil scientist.
(2)
Such conservation areas are not restricted to
any particular zoning district but are superimposed over any districts
based on the delineation of said conservation areas as defined herein.
C.
Conservation area process. Prior to the approval of
any site plan or subdivision or prior to the issuance of any permit
for construction activities wherein it is determined that said permit
application applies to an area within 100 feet of the limit of a conservation
area as defined herein, the application for such permit shall be referred
to the Town Planning Board, which shall examine each case. The Town
Planning Board may refer any such application to the Town Engineer
for review and report back to the Town Planning Board within 30 days
of such referral.
D.
For subdivisions with conservation areas as identified in Subsection B above, the applicant is subject to the following requirements:
(1)
The Town can require the usage of cluster development
to preserve features.
(2)
Subdivision maps must clearly depict all environmental
features.
(3)
Clear-cutting of trees shall be prohibited and
construction must minimize tree disturbance. Plans must show the extent
of disturbance.
(4)
Septic systems shall be restricted to areas
having adequate percolation (no sand filters).
(5)
The usage of open development area and other
creative tools to minimize disturbance of important features shall
be considered in the design and layout of the development.
(6)
Erosion and sediment control and reestablishment
of disturbed areas must be clearly depicted on drawings.
E.
For site plans with conservation areas as identified in Subsection B above, the applicant is subject to the following:
(1)
Site plans must clearly depict all environmental
features.
(2)
Clear-cutting of trees shall be prohibited and
construction must minimize tree disturbance. Plans must show the extent
of disturbance.
(3)
Septic systems shall be restricted to areas
having adequate percolation (no sand filters).
(4)
The usage of open development area and other
creative tools to minimize disturbance of important features shall
be considered in the design and layout of the development.
(5)
Erosion and sediment control and reestablishment
of disturbed areas must be clearly depicted on drawings.
F.
For activities not requiring subdivision or site plan
approval and are not exempt activities, the applicant is subject to
the following requirements:
(1)
The proposed activity will not impede the flow
of stormwater or otherwise cause damage to life or property.
(2)
The proposed activity would not interfere with
the maintenance of adequate drainage channels and ponding areas to
carry abnormal flows of stormwater in period of heavy precipitation.
(3)
The proposed activity would provide a reasonable
distance from the conservation area to allow any natural drainage
watercourse within the conservation area to remain open and unobstructed.
(4)
The proposed activity is consistent with the
intent, spirit or object of the Town of Wheatfield Land Use Plan,
as adopted by the Town Board.
G.
Exempt activities. The following activities are exempt
from the requirements of this section:
(1)
Lawn care, gardening, tree and shrub care and
other activities relating to normal property maintenance.
(2)
Removal of structures.
(3)
Repair and maintenance of existing structures.
(4)
Reconstruction of existing structures destroyed
by natural disaster, provided that the new construction is of the
same size and use.
(5)
Repair and maintenance of septic, sewer facilities
or utilities.
(6)
Customary agricultural activities, except for
new or expanded structures.
(7)
Any emergency service or activity that is immediately
necessary for the protection and preservation of life, property or
natural resource values.
[Added 5-19-2008 by L.L. No. 5-2008]
Portable storage units, also known as "PODS"®,
cannot be placed in a front yard or driveway for more than 30 days.[1]The unit cannot be placed in a location where it would
block visibility at the roadway. The unit must be removed before the
thirty-day period expires or a written request for an extension must
be submitted to the Town Board prior to the expiration date for its
consideration.
[1]
Editor's Note: PODS® (Portable On Demand
Storage) is a registered trademark of PODS Enterprises, Inc.
[Added 8-23-2010 by L.L. No. 3-2010]
A.
For any lot located within an R-1, R-2, or R-3 Zoning District, there
shall be:
B.
Existing animals. In the event that, at the time of the enactment
of this section, an owner or occupant(s) of a dwelling unit has a
number of dogs and cats in excess of the numbers listed above, provided
that they are given proper care, the owner shall be permitted to keep
the dogs and cats owned at the time of enactment until such times
as the dogs or cats die, are given away, or are lost. No additional
dogs or cats shall be permitted to be kept at the dwelling unit until
such time as the total number of dogs and cats are below the limits
set forth above and they must remain within the limits listed.
C.
Violations.
(1)
Should there be any violation of this section, the Animal Control
Officer, Building Inspector, Constable, or any other duly authorized
law enforcement officer shall capture and retain the excess animals
at the SPCA, at the owner's expense. If the owner does not arrange
to otherwise dispose of the excess animals within five days after
the court's determination of violation, the animals can be offered
for adoption by the SPCA.
(2)
The penalty for violation of this section shall be $100 for
a first violation, $250 for a second violation within a five-year
period, and $500 for a third and subsequent violations within a five-year
period.
