Town of Wilson, NY
Niagara County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The following supplementary regulations covering requirements and exceptions shall apply to all districts or to such districts as specified.
[Amended 5-9-1988 by L.L. No. 1-1988]
A. 
The following specific special uses are permitted upon the issuance of a special permit in accordance with § 127-46, in the district specified, subject to the conditions stated in the Zoning Schedule herein:[1]
(1) 
Fur farm. A plot plan showing proposed facilities and improvements shall be provided. A permit shall be for a period of not more than 10 years, renewable within three years of expiration.
(2) 
Industrialized poultry farm. A plot plan shall be provided showing all proposed facilities and improvements and plans for all buildings. Plans for disposing of manure shall be specified and shall be approved by the County Health Department. Permits shall be for a period not exceeding 12 years, renewable within three years of expiration. Poultry cages shall be suitably removed from all lot lines.
(3) 
Pig farm. A site plan shall be required showing all improvements, areas which will be open to use by pigs and relationships with adjacent areas. Permits shall not be granted for a period longer than 12 years, but may be made renewable on expiration of not less than 2/3 of the grant period.
(4) 
Dog kennel. A site plan shall be provided showing all proposed facilities and improvements and plans for all buildings and cages submitted. A report on the plan shall be requested from the Niagara County Society for the Prevention of Cruelty of Animals. All animals shall be confined to cages or structures a sufficient distance from any neighboring uses to prevent undue annoyance. Permits shall be for a period not exceeding 15 years, but may be made renewable on the expiration of 2/3 of the grant period.
(5) 
Veterinary clinic. A site plan shall be required showing all proposed improvements and their relationship to surrounding lands.
(6) 
Day camp for minors. A plot plan showing all proposed facilities and improvements shall be provided. The maximum number of children that may be accommodated at one time shall be limited in relation to the area and facilities available. The permit shall be for a period of not more than 20 years, renewable within five years of expiration.
(7) 
Overnight camp for minors. A site plan shall be required, which shall show forest areas and all proposed facilities and improvements. The site shall contain suitable timber or topography to give adequate privacy. The boundaries shall be fenced and activities confined to the campgrounds or suitable public lands. Any use by other than the owner should be specified and approved. Measures shall be taken to suitably protect adjoining properties. A permit shall be granted for not more than 20 years, but may be made renewable on expiration of 2/3 of the grant period.
(8) 
Animal sales' lots/storage barns. These facilities, approved by the appropriate federal and state agencies, may be located in the Rural Residential District or Heavy Industry District on any lot of more than five acres. A sufficient greenbelt and visual screen shall also be required. A plot plan shall have all proposed improvements and areas to be used for the storage of manure and the keeping of animals plainly indicated. Conditions shall be established to keep the area from inhibiting industrial development on nearby land.
(9) 
Excavating, mining, grading, stripping and filling operations. These operations, approved by appropriate federal and state agencies, may be located in any district, subject to the following conditions:
(a) 
Major excavating, mining, grading, stripping and filling operations. No person shall perform these operations on any lot, except when a special permit has been granted as provided herein.
(b) 
Suitable site plans showing before and after conditions shall be required. The finished condition shall normally not permit any bank with a slope of more than one foot vertical to three feet horizontal. Replacement of topsoil, finished seeding or sodding and other landscaping shall be required where applicable. Adequate information relative to any pond to be created shall be provided to permit the Board of Appeals to determine that such pond will not become a public nuisance. A time schedule of the operations shall be provided, including an expiration date for the permit, which shall, in no instance, run more than three years, but which may be renewable. Measures shall be introduced to assure that any interim hazardous or nuisance-producing stage in the operations shall be prevented. Where failure to complete the work as permitted would result in an unsatisfactory situation, a performance bond, similar in nature to that required by the Town Subdivision Regulations,[2] shall be required. Where an engineering inspection is deemed necessary, the Board of Appeals shall determine the cost of such inspection and require payment to the Town Clerk of a fee sufficient to cover inspection. Such fee shall be utilized in a manner determined by the Town Board to cover the costs of inspection.
[2]
Editor's Note: See Ch. 112, Subdivision of Land.
(c) 
Any topsoil stripped on a lot in accordance with a special permit must remain on the lot from which it was stripped.
(d) 
Any subsoil, clay, sand, gravel or rock excavated, mined, graded, stripped or filled in accordance with a special permit must remain within the Town's boundaries. No such material shall be removed.
(e) 
Spoil piles.
[1] 
Any excess material (spoil piles) made during Town-Board approved construction, repair, widening, deepening or cleaning of ditches may be disposed of for use other than on the lot from which it was taken, either within or without the Town's boundaries, subject to approval by the spoils committee.
[2] 
Disposition of such spoil piles shall be determined by the Spoil Soil Committee, which shall consist of three members appointed by the Supervisor and which Committee shall include the Supervisor of the Town, the Town Highway Superintendent and one Councilman.
(10) 
Trailer/tent campground. The entire area shall be fenced and activities confined to the grounds. Campsites and activity areas shall be suitably removed from project boundaries. Driveways shall be designed for safety and privacy of the campsites. Permits shall not be granted for a period of more than 20 years, but shall be renewable after the expiration of 2/3 of the specified period.
(11) 
Noncommercial wind energy systems. Noncommercial wind energy systems are allowable subject those requirements contained in Chapter 125 of the Town Code and in accordance with § 127-46.
[Added 2-16-2011 by L.L. No. 1-2011]
(12) 
Exotic animals. These operations, if previously approved by appropriate federal and state agencies, may be located in Semirural Residential 100, Semirural Residential 150, and Rural Residential 200 Districts, subject to the following conditions:
[Added 3-20-2013 by L.L. No. 1-2013]
(a) 
No person shall harbor a wild or exotic animal within the Town of Wilson, except as permitted by this article.
(b) 
Definitions. As used in this Subsection A(12), the following terms shall have the meanings indicated:
ANIMAL
Any and all types of animals, domesticated and wild, male and female, singular and plural.
HARBOR
To keep or contain upon public or private property or to permit another to keep or contain upon public or private property.
WILD OR EXOTIC ANIMAL
Any species of animal whose natural or usual habitat is either in the wild or in a zoo, as opposed to a domesticated environment, regardless whether such animal poses an actual or apparent threat to persons, other animals or property, and any species of animal which, as a matter of common knowledge, is naturally ferocious, unpredictable, dangerous and mischievous. The following animals, the ownership of which is normally legal, and which are normally found within a domesticated environment are specifically declared not to be "wild or exotic animals" subject to regulations under this article: dogs; cats; tropical birds such as canaries, parakeets, parrots and myna birds; guinea pigs; gerbils; hamsters; white mice; turtles, other than snapping turtles; tropical fish; and nonpoisonous snakes.
(c) 
Each such application shall include identification of the applicant and the person who proposes to harbor such wild or exotic animal, the nature and species of such animal, a description of the characteristics of such animal and its propensity or ability to cause harm to persons or property and the location where the wild or exotic animal is to be harbored, a list of any other wild or exotic animals harbored or proposed to be harbored at the same location, and the consent of all owners of such location. Such application shall be accompanied by such fee as may be prescribed by the Town Board by resolution.
(d) 
No permit shall be issued for any exotic animal to be housed, kept, maintained or cared for on any premises in the Town that is not of a minimum lot size of 10 acres, and any structure housing the exotic animal on said parcel must have a minimum setback of 100 feet from any property line.
(e) 
All animals located on a permitted property shall be microchipped, where appropriate, or monitored by other allowable means and deemed healthy by a licensed veterinarian. Animals harbored shall not be allowed to breed.
(f) 
Suitable site plans showing before and after conditions shall be required. Adequate information relative to any animals located on premises and to specific harboring facilities to be erected shall be provided to permit the Board of Appeals to determine that harboring of said animals will not become a public nuisance. A time schedule of the operations shall be provided, including an expiration date for the permit, which shall, in no instance, run more than three years, but which may be renewable. Measures shall be introduced to assure that any hazardous or nuisance-producing noise or odors in the operations shall be prevented. The site plan shall also contain a written emergency plan suitable to the Board of Appeals to protect the health, safety and well-being of persons and property in the Town.
(g) 
Signage. The possessor of a wild or exotic animal shall have continuously posted and displayed at each possible entrance onto the premises where a wild or exotic animal is kept a conspicuous sign, clearly legible and easily readable by the public, warning that a wild or exotic animal is on the premises. In addition, the possessor shall conspicuously display a sign with a warning symbol that informs children of the presence of a wild or exotic animal. Additionally, no permit shall be issued without signage provisions that require posting in and along each boundary line of the property.
(h) 
Inspections. No permit shall be issued without inspection provisions. It shall be the duty of the Code Enforcement Officer, or whoever the Town Board shall designate, to make inspections from time to time, and such other inspections as they may be directed by the Town Board, of the premises and place for which permits have been issued to ascertain whether or not said premises or places are maintained in accordance with the provisions of this Subsection A(12). It shall also be the Code Enforcement Officer's duty to report all violations of the provisions of this article and other provisions of the Code and the Public Health Law of the state to the proper authorities. Inspections shall take place at least once per year, or as deemed appropriate by the Zoning Board of Appeals or the Town Board.
(i) 
Liability. If any wild or exotic animal escapes, either intentionally or unintentionally, the possessor of the wild or exotic animal shall immediately contact a law enforcement officer of the city or county where the possessor resides to report the escape or release. The possessor is liable for all expenses associated with efforts to recapture the animal.
(j) 
Insurance. A possessor of a wild or exotic animal shall maintain liability insurance coverage in an amount of not less than $500,000 for each occurrence for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the wild or exotic animal. The possessor of a wild or exotic animal shall provide a copy of the policy for liability insurance to the Code Enforcement Officer on an annual basis.
(k) 
Additional information. Submittal of additional information may be requested to ensure compliance with the intent of this chapter. Information may include, but not be limited to, plans for posting emergency information and specification of materials used in the containment of exotic animals.
(l) 
Additional conditions. The Zoning Board of Appeals may impose additional conditions in accordance with § 127-46B of the Town Code.
(13) 
Day-care center/nursery. A plot plan showing all proposed facilities and improvements shall be provided. The maximum number of children that may be accommodated at one time shall be limited in relation to the area of facilities available.
[Added 2-18-2015 by L.L. No. 1-2015]
(14) 
Animal rescue facility. A facility housing rescued domestic animals (dogs and cats) may be allowed subject to approval of a site plan and compliance with all components of this subsection. Animal rescue facilities shall be further subject to the following regulations:
[Added 7-15-2015 by L.L. No. 3-2015]
(a) 
The facility shall be set back as far as possible from all residential use property. In no case shall the minimum front and side setbacks be less than 150 feet.
(b) 
Methods shall be used to reduce off-site noise, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.
(c) 
The animals shall be housed in appropriate kennel units with insulation to further abate noise.
(d) 
The facility shall have appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the animal boarding area.
(e) 
The quarters in which the animals are kept shall be maintained in a clean condition and good state of repair. No nuisance caused by odor, noise, flies or animals running at large shall be permitted.
(f) 
Animal rescue facilities shall be limited to domestic dogs and cats, unless otherwise specifically permitted by the Town.
[1]
Editor's Note: The Zoning Schedule is located at the end of this chapter.
B. 
The following specific special uses are permitted upon issuance of a special permit by the Town Board in accordance with § 127-46, in the district specified, subject to the conditions stated in the Zoning Schedule herein.[3] In addition to the conditions stated in the Zoning Schedule, the conditions shall include the recommendation of the Board of Appeals, as specified by § 127-46, and the Planning Board. The Zoning Administrator shall, after review and comment by the Planning Board, forward such documentation to the Town Board for its review and comment. The Town Board shall review such specific special uses with regard to the best economical and environmental concerns of the Town. The Town Board shall then proceed with a public hearing in accordance with § 127-48D.
(1) 
Commercial or livery stable. Permits shall not be granted for a period of longer than 20 years, but may be made renewable on expiration of not less than 2/3 of the grant period. A site plan shall be required showing all proposed improvements and relationship to the adjacent area.
(2) 
Private club or group facilities. A site plan shall be provided showing all proposed improvements and their relationship to adjacent development. Areas to be used for intensive outdoor activity (sports, picnicking, etc.) shall be indicated. The extent to which such facilities may be rented to other groups shall be specified. Permits shall not be granted for a period of longer than 20 years, but may be made renewable on expiration of 1/2 of the grant period.
(3) 
Gun club or other private recreation activity involving the use of firearms. A site plan shall be required showing all proposed improvements and their relationship to adjacent development. Areas used for intensive outdoor activities, especially involving firearms, shall be delineated, and adequate measures for safety and noise control shall be specified. The extent to which such facilities can be rented to other groups shall be specified. Permits shall not be granted for a period of more than 12 years, but may be made renewable on expiration of 2/3 of the grant period.
(4) 
Golf course. A site plan shall be required showing all proposed improvements. The character of the use of the property shall be clearly specified, including any rent of the facilities for use by other groups. The character of any food service shall be specified.
(5) 
Continuance, on a nonpermanent basis, of a mobile home court in existence at the time of adoption of this chapter. A site plan shall be required, unless one has previously been approved and is on file with the Board of Appeals, and shall show all improvements, mobile home stands, etc. Provisions shall be made that any new mobile home brought into the court shall be inspected for adequacy by the Building Inspector and that all homes remaining in the court shall be inspected not less than once a year. Provisions shall be made that any mobile homes found to be structurally deteriorating or in need of major repairs in such inspection shall be removed from the park. Provisions shall be made for the annual inspection of mobile home court sanitary systems without cost to the Town for the correction of any inadequacies. Suitable provisions shall be made that the court be kept in a neat and sanitary condition and that a thorough cleanup of the site follows the removal of any mobile home. The number of units permitted in a mobile home court may not be increased over that originally granted, but may be decreased at the time of permit renewal if found unsatisfactory by the Board. The Board may, at any time, permit rearrangement of mobile homes on the site by approving an amended site plan but, in so doing, shall be guided by the most recent standards or recommendations for mobile home courts as published by the Federal Housing Agency. Permits may not be granted for a period in excess of nine years, but may be made renewable on expiration of not less than 1/2 the stipulated period.
(6) 
Utility facilities. Utility transmission and distribution lines approved by appropriate federal or state agencies may be located in any district and shall be installed under or above the ground in an approved fashion. A site plan and construction plan of the installation shall be required, along with a landscaping plan prepared by a licensed landscape architect. The application for a permit shall state any proposed and permitted storage of material at the site.
(7) 
Radio/television/communication facilities. Radio and television transmission receiving antennas and facilities, but not studios or business offices may be located in any district, except in Semirural Highway Commercial, Waterfront Commercial or Park Land Districts, on any lot of more than 50 acres, if all structures are located at a distance not less than their height from all property lines. All distribution and/or transmission lines shall be subject to standard installation requirements.
(8) 
Hospital. A hospital or health-care center or clinic approved by appropriate federal or state agencies may be located in the following districts on any lot of more than 10 acres: Rural Residential, Semirural Residential or Urban Residential. A sufficient greenbelt shall also be required.
(9) 
Junkyards. A junkyard may be located in the Heavy Industrial District on any lot of more than five acres. A sufficient greenbelt shall be required with visual screen or buffer enclosing the lot. Industrial-type operations are permitted, if approved by appropriate federal or state agencies, to process, treat, restore or recycle material for resale. Service shall be allowed on-premises, and sale shall only be of material handled on-site. A site plan shall be required showing all proposed improvements and any exterior areas to be used for the dismantling of vehicles, the storage of car parts or other junk. No burning shall be permitted, other than on a short-term permit. All operations shall be enclosed with a suitable opaque fence, approved as to type, height and construction by the Board of Appeals. Material shall not be stacked inside the fence so as to be visible from any road.
(10) 
Petroleum and fuel storage. These facilities, approved by appropriate federal and state agencies, may be located in Heavy Industry or Light Industry Districts on any lot of more than 200,000 square feet. A sufficient greenbelt and visual screen shall also be required. Site plans shall be required, showing all proposed improvements. Advice shall be sought from appropriate state agencies.
(11) 
Adult book, video or entertainment store or facility. A site plan shall be provided, showing all proposed improvements and their relationship to adjacent development. Adequate off-street parking shall be provided. A single sign will be allowed, no greater than a maximum of six square feet. There shall be no flashing lighted signs. The store or facility shall not be located within one mile of any educational, recreational building, boys or girls club, or any church, synagogue or place of worship building or facility. No person under the age of 18 shall be permitted to enter the premises. The initial permit will be limited for a period of one year. Any subsequent renewal shall be upon application and may be granted for a period not to exceed 12 years.
[Added 4-18-2005 by L.L. No. 2-2005]
[3]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C. 
Every application for a special use permit cited herein shall include the submittal of the following, in addition to the requirements of § 127-46, prepared by a licensed professional engineer to aid in the review of such application:
(1) 
Engineering report. A complete, concise and accurate engineering report detailing the existing site conditions, including subsurface information, proposed site layout, sanitary and health facilities, storm drainage facilities, water supply, power systems and safety facilities.
(2) 
Construction plans and report. A complete, concise and accurate set of construction plans showing all construction details, with a report describing all construction standards, regulations and guidelines to be followed and/or implemented, including a schedule of implementation.
(3) 
Operations report. A complete, concise and accurate operations report detailing any and all physical and chemical operations, short of giving trade secrets, to take place at the facilities. The operation plan shall include any and all health, safety and environmental emergency procedures to be implemented as necessary.
(4) 
Statement of proposed action. A complete, concise and accurate statement of the proposed action in compliance with § 67-4 of the Town Code, for compliance with the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations).
D. 
The Town Board shall implement Chapter 67, Environmental Quality Review, of the Town Code and decide if the proposed action is Type I, Type II, unlisted, exempt or excluded, as defined by SEQR. The Town, if it determines the action to be Type I or unlisted, may request the applicant to complete an environmental assessment form. The Town shall then prepare a negative declaration, determination of nonsignificance or a positive declaration, determination of significance and the intent to prepare an environmental impact statement.
E. 
If a notice of determination of nonsignificance is issued by the Town, then the SEQR process ends. If a notice of determination of significance and intent to prepare an environmental impact statement is issued by the Town, the SEQR process continues. In accordance with the Town Code and SEQR, this could include draft and/or final impact statements, public comment period(s) and/or hearings and/or finding statements.
[Added 4-14-1997 by L.L. No. 1-1997]
A. 
Pursuant to § 274-a, Subdivision 5, of the Town Law, when reasonable, the Town Board shall have the power to waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted to it for approval.
B. 
Such waiver shall be subject to the following conditions:
(1) 
The public health, safety or general welfare is deemed not to be adversely affected.
(2) 
The special use being permitted is appropriate to a particular site plan.
(3) 
Any other act or circumstance the Town Board determines to be appropriate in considering the waiver and in the best interest of the Town of Wilson and its residents.
The following uses are permitted in any district or in such districts as may be designated as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, stating time limit and the following conditions stated herein:
A. 
Contractor's shed/trailer. Contractor's buildings, trailers or sheds may be erected on a construction site to serve as an office, workshop or storage area during the construction of any authorized structure following the issuance of a building permit in any district. Such buildings shall not remain longer than 18 months unless an extension for a longer period is granted by the Board of Appeals. They may not be used as residences, except as the quarters of a watchman. In addition, there shall be a minimum front setback requirement of 50 feet for such buildings.
B. 
Fairs/carnivals. An out-of-door fair, carnival or similar event may be conducted by a church, civic organization or similar nonprofit group on the premises of a building occupied by such organization or on a lot in any district, except in the Light and Heavy Industry Districts, for a period not exceeding three days in any calendar year in any district, subject to the granting of a temporary permit therefor by the Board of Appeals. During such period, it may use such signs and other devices as the Board shall find appropriate to the occasion and within the limits of the sign regulations. A suitable guaranty shall be made for cleaning and policing the site after the operations. The hours of operation, noise level controls on any noisemaking devices, etc., shall be established as necessary to permit the quiet enjoyment of neighboring residential areas.
C. 
Special events. Any nonprofit, commercial or industrial operation in other than a residential district may celebrate, during not more than three days a month nor more than six days of any calendar year, a special promotional event, such as a grand opening, on the granting of a temporary permit by the Board of Appeals. During such permit, it may use such signs and other devices as the Board shall find appropriate to the occasion and within the limits of the sign regulations.
D. 
Roadside stands. A structure for the sale of fruits and vegetables and related products is permitted in the Rural Residential, Semirural Residential, Rural Highway Commercial or Semirural Highway Commercial District, subject to the following conditions and those stated in the temporary permit:
(1) 
Parking areas shall be so designated as to provide for the safety of motorists and pedestrians.
(2) 
Signs shall be in accordance with the applicable provisions of this chapter.
(3) 
Only produce produced on the premises can be sold at the stand, except that minor miscellaneous related products purchased for sale with the produce can also be sold. A site plan shall be required showing roadside conditions for 500 feet on either side of the proposed stand, locating trees, signs, fences and other obstacles to vision and driveways, culverts, ditches, bridges and other obstacles to movement from the highway in the immediate vicinity of the stand and showing the location of the proposed stand, related signs and parking areas. Parking areas shall be so designated as to eliminate any necessity for vehicles backing onto the traffic lanes. Permits shall not be granted for a period of longer than 12 years, but may be made renewable on expiration of not less than 2/3 of the stipulated period.
E. 
Mobile home for farm labor. Additional requirements for the temporary location and occupancy on a farm of not less than 40 acres of a mobile home for farm labor employed solely on the premises shall be as follows: The mobile home is to be located on a site as determined by the Board of Appeals and removed upon expiration of the permit. Prior to issue and renewal of a temporary permit, the occupant must provide documentation that income is derived solely from the farm property on which the mobile home is located. Provisions shall be made for the inspection of any such temporary mobile home for adequacy by the Town Building Inspector prior to occupancy and for such mobile home to be removed when found inadequate by the Building Inspector. The mobile home shall be in adequate internal and external condition, as determined by the Building Inspector. Adequate provision for potable water supply and sewage disposal shall be made for each such mobile home. Special permits shall be granted for a period of not exceeding 12 months at the standard fee and renewable on expiration at a fee equivalent to the combined tax revenue based on a market value of 100%, but not less than $125.
F. 
Mobile home during construction.
(1) 
A mobile home may be permitted during dwelling construction for the temporary use by the lot owner during the course of and in connection with the construction of a dwelling on the lot, such location to be for a period of not more than 12 months. Construction of the permanent dwelling must be commenced within six months after the issuance of the special permit, and such special permit may only be renewed for one period of six months.
(2) 
The mobile home shall be in adequate internal and external condition, as determined by the Town Building Inspector, and shall have adequate potable water supply and sanitary facilities. A building permit shall have been issued for the related permanent dwelling and adequate financing of construction assured. If the mobile home is not removed at the expiration of the permit period, the Town may have the mobile home removed and stored, if necessary, and have the site cleared, and all charges for expenses incurred by the Town for such removal and clearance shall be added to the next-assessed Town taxes against the premises and shall be a legal charge thereon. Such permits shall only be renewable in case of unusual difficulty, and then only once. The total period of occupancy shall in no instance be permitted to exceed 18 months.
[Amended 5-23-1988 by L.L. No. 3-1988]
(3) 
Emergency placement of a mobile home by order of the Town for occupancy by the owner during home reconstruction must follow applicable regulations. No fees shall be required for this emergency placement.
G. 
Signs. Temporary signs as part of a temporary use for which a permit is issued, such as fair/carnival, special event or a roadside stand, do not require a temporary permit; however, the signs must be in accordance with regulations stated in § 127-37. Temporary signs relating to real estate rent, lease or sale do not require a temporary permit; however, the sign must be in accordance with regulations stated in § 127-37. Any other temporary sign requires a permit and must be in accordance with applicable regulations and the permit requirements. Emergency placement of signs by order of the Town must follow applicable regulations. No fees shall be required for any temporary signs.
The following uses are permitted in districts where specified applicable to regulations provided in this chapter and the following conditions:
A. 
Farming operations. In conjunction with the operation of a permitted farm, the keeping of normally accessory farm equipment, vehicles and implements for use on such farm is permitted. Also, the storage of supplies necessary for the farm operations and produce of such farm is permitted, provided that the setbacks and yard requirements are met. The keeping of horses, cattle, sheep, goats, chickens, turkeys, ducks or similar domestic animals or fowl is permitted, provided that the requirements specified in this chapter are met. No sale or service is permitted unless an appropriate permit is obtained in accordance with the provisions of this chapter.
B. 
Signs. Signs are permitted as an accessory use where specified, subject to the provisions stated in § 127-37.
C. 
Swimming pools. A private swimming pool installed or maintained as an accessory use in a residential district shall require a building permit and shall meet the following requirements:
(1) 
When permitted. Any such pool shall be used only as an accessory use to a dwelling or a special permit use for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.
(2) 
Safety measures. Any such pool shall be completely enclosed by a security fence not less than four feet in height, of a type approved by the Zoning Administrator, with all gates or doors opening through such enclosure equipped with self-closed and self-latching devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in actual use. Any pool with sides extending more than four feet above grade may alternately be equipped with folding or removable steps or other means of denying access to small children as may be approved by the Zoning Administrator.
[Amended 5-6-2002 by L.L. No. 2-2002]
(3) 
Water quality. Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code[1] relating to public swimming pools.
[1]
Editor's Note: See 10 NYCRR, Part 1, et seq.
(4) 
Filters. Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any neighboring property.
(5) 
Drainage. A request for installation of a pool shall be accompanied by a statement of the proposed method of draining the pool, indicating to the satisfaction of the Zoning Administrator that such drainage will not interfere with the enjoyment of neighboring properties.
(6) 
Corrective measures. The Zoning Administrator shall order the immediate correction of any situation which does not meet the requirements or intent of this section or for which he receives a written complaint from the County Health Department and shall, when considered necessary, require any pool to be immediately drained.
(7) 
Setback. All swimming pools must be set back from property lines such distances as are equal and conform to the building setbacks as required for the district in which they are located.
D. 
Fences.
[Amended 3-20-2013 by L.L. No. 2-2013]
(1) 
The requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, provided that in any residential district no fence or wall shall exceed six feet in height and no solid fence or hedge over three feet in height shall be erected or maintained within 20 feet of any street line or in a UR 40 district. Waterfront areas, as documented by Town assessment, shall be treated in the same manner as road frontage relative to the construction of fences. Visibility at intersections shall not be obstructed by fences, as specified in § 127-28D. In commercial and industrial districts, fences may be required to be higher in height to provide for necessary visual screens.
(2) 
Proximity to adjacent structures. Fences shall be located such that district-regulated side yard setbacks are provided between the fence and other structures on subject property or adjacent properties. For purposes of this section, setback shall be measured between the structure and the fence, and the good side of the fence shall be facing the neighbor.
E. 
Home occupations. Only those occupations cited as accessory uses in specific districts are permitted as accessory uses, provided that all requirements are met regarding parking, signs and storage and that the home occupation is truly an accessory use. The classifications of various home occupations are defined in § 127-26. If a home occupation is permitted as an accessory use, if necessary, the Zoning Administrator shall determine if the home occupation expands or grows, such as to exceed the intent of an accessory use. At such time, the Zoning Administrator shall properly notify the owner and require the use to come into conformance with this chapter.
F. 
Parking. Parking is permitted as an accessory use where specified, subject to the provisions stated in § 127-30.
G. 
Tool, garden or greenhouse. Buildings, sheds, enclosures or similar structures for use as a tool, garden or greenhouse are permitted as accessory uses, provided that no sales or services are performed on the premises and no produce made on the premises is offered for sale, either on the premises or off-premises without the appropriate permit. All structures must meet the requirements of the chapter with regard to yards, setbacks and heights.
H. 
TV/satellite antenna. The installation of a TV/satellite antenna is permitted, located in a rear yard, as an accessory use, provided that the requirements of yards, setbacks and height are met. No antenna may be located in a front or side yard.
I. 
Storage. Storage is permitted as an accessory use where specified as follows:
(1) 
Residential lots. Storage of a boat, boat and trailer, camp trailer or cargo trailer owned for personal use by a resident of the premises is permitted, provided that proper yard requirements are met.
(2) 
Commercial and industrial lots. Storage of materials, products and waste associated with the operations of the premises is permitted, provided that proper yard requirements are met and storage is indoors in buildings meeting requirements for location.
The following uses are permitted as accessory uses in such districts as designated and upon issuance of a special use permit, subject to the following conditions and any conditions imposed upon issuance of a permit:
A. 
Occupations/professions. This classification of home occupations/professions includes:
(1) 
Architect, attorney, accountant, engineer, doctor, dentist, physician, surveyor, lawyer, journalist, reporter, broker.
(2) 
Tutor, music/art/dance instructor, artist, photographer, sculptor.
(3) 
Real estate sales, insurance sales.
(4) 
Hairdresser, barber, beauty salon.
(5) 
Elected public official as permitted by the Town.
B. 
Occupations/services. This classification of home occupations/services includes:
(1) 
Dressmaker, tailor, shoe repair, sewing.
(2) 
Home baking, cooking.
(3) 
Bait and tackle shop, gun repair shop.
(4) 
Bicycle repair, small appliance repair, carpenter, plumber.
(5) 
Antique, gift, hobby and craft shop.
(6) 
Contractor, remodeler, builder's office.
(7) 
Florist, nursery.
C. 
Lodging services. This classification of home occupations lodging services includes:
(1) 
Bed-and-breakfast.
(2) 
Day-care/babysitting services.
D. 
Restrictions.
(1) 
The use may be carried out within a dwelling or in a detached building by a resident thereof, except in the case of a bed-and-breakfast, the use must be carried out in a private residence which is owner occupied.
[Amended 5-15-1989 by L.L. No. 2-1989; 11-10-1997 by L.L. No. 3-1997]
(2) 
Not more than 25% of the total floor area, and in no event more than 500 square feet of the total floor area, shall be utilized for a dwelling structure, except for bed-and-breakfast establishments, and not more than 600 square feet of area shall be utilized for a nondwelling accessory structure.
[Amended 5-18-1998 by L.L. No. 1-1998; 5-6-2002 by L.L. No. 2-2002]
(3) 
There shall be no exterior display or indication of the use other than specifically permitted signs.
(4) 
An inventory of goods produced off the premises may be maintained for sale on the premises.
[Amended 11-10-1997 by L.L. No. 3-1997]
(5) 
There may be incidental services provided by not more than one nonresident person.
(6) 
Not more than one vehicle of less than one ton capacity may be utilized in connection with the activity.
(7) 
Adequate parking must be provided on the premises.
(8) 
All lodging/services must provide smoke detectors in all rental rooms and fire extinguishers with a minimum rating of 2A10BC in the hallways.
(9) 
All bed-and-breakfast establishments for three to nine guests shall comply with the requirements of the County Health Department.
Lot requirements shall be as specified in the district regulations, Zoning Schedule[1] and as provided herein:
A. 
Area measurement. For purposes of measuring lot area, only that part of the depth which is no more than three times the average width of the lot may be utilized in calculations.
B. 
Lot area per family when other uses present. In computing the lot area available for residential use on a lot which has other uses, such as a dwelling use over a retail use, the lot area occupied by the buildings containing the other use, together with the area of required parking or off-street loading, shall first be deducted from the total lot area.
C. 
Substandard lot of record. Other provisions of this chapter notwithstanding, any parcel of land having access to a street and having an area or a width less than those prescribed for the district in which such parcel is situated may be used as a lot for any purpose permitted in such district, provided that all of the following requirements are met:
(1) 
Such parcel has an area of at least 75% of the area required and a lot width of at least 75% of the lot width required.
(2) 
Such parcel was under the ownership of the applicant at the time of the effective date of this chapter, and the owner thereof at the time did not then own and has at no time since owned any land adjoining such parcel.
(3) 
Fully adequate provisions for water supply and sewerage to meet the requirements of the use can be made.
D. 
Variation of requirements for large scale housing developments. The Town Board is hereby empowered, as provided in § 281 of the Town Law, simultaneously with the approval of any subdivision, to conform the zoning regulations of the land so platted or to make any reasonable change therein, in accordance with the procedures and safeguards set forth in § 281, provided that no change is made in the overall density for the land so platted.
[1]
Editor's Note: The Zoning Schedule is located at the end of this chapter.
Yard requirements shall be as specified in the district regulations, Zoning Schedule[1] and as provided herein:
A. 
Exceptions as to front yard requirements. Where there is an established building line, in that three or more buildings in the frontage 400 feet on either side of the use in question are closer to the right-of-way, the minimum required setback may be reduced by the Zoning Administrator to not less than the average setback of such buildings.
B. 
Side yard on lots nonconforming in width. On a lot of record that is narrower than required in its zoning district, the side yard requirements may be reduced to the same percentage of the lot width that is required for a minimum-width conforming lot [e.g., if a yard required for one side is six feet on a sixty-foot lot, the yard may be reduced to five feet on a fifty-foot lot.] However, in no event shall the side yard be less than five feet.
C. 
Required side yard on corner lots. In the instance that a corner lot meets the minimum lot size requirements of this chapter and the side yard facing the street exceeds the minimum requirement by less than 50 feet, the Zoning Administrator, upon written request, may make such adjustment in the remaining side and rear yard requirements necessary to permit a building of a size common to the area to be erected on the lot: provided, however, that the changes shall be the minimum necessary to permit construction and shall not reduce any required yard by more than 1/3. This provision shall not restrain or limit the seeking of relief by the variance process.
D. 
Visibility at intersections. On a corner lot in any district, no structure, fence, wall, hedge or other planting shall be erected, placed or maintained at a height of between three and six feet above the curbline within the triangle formed by the street lines and a straight line adjoining said street lines at points 20 feet from the point of intersection.
E. 
Transition areas. When a lot in a commercial, highway commercial or industrial district abuts a lot in a residential district, there shall be provided on such commercial, highway commercial or industrial district lots, on any side abutting the residential lot, a greenbelt as required herein to serve as a buffer.
F. 
Private garage in rear yard. A detached, private garage, when otherwise permitted, may be erected in a rear yard in a residential district, but shall not be closer to a street line than the buildable area of the lot nor closer than five feet to other rear or side lot lines, and it shall not occupy more than 1/3 of the required rear yard.
G. 
Slope of yard.
(1) 
No building containing dwelling units shall henceforth be constructed or moved onto a lot nor shall any existing building be altered to contain any dwelling unit, unless the surface grade of the front yard at the front wall of the building is more than one foot, as an absolute minimum, above the center line of the road at a point at right angles thereto; however, the grade limitations as hereinbefore set forth in this chapter shall be used in all cases whenever such design is practical in the judgment of the Zoning Administrator.
(2) 
Where the Zoning Administrator shall judge either such relationship to be impracticable, he may require that the land surface falls away on all sides of the structure to a level more than 10 inches lower than the level at the structure wall and at a grade of not less than one foot in 100 feet.
(3) 
Topographic maps shall be required by the Planning Board whenever it is necessary to properly and adequately determine drainage requirements.
[1]
Editor's Note: The Zoning Schedule is located at the end of this chapter.
Height requirements shall be as specified in the district regulations and as provided herein:
A. 
The height limitations for buildings shall not apply to silos, barns and other farm structures; church spires, belfries, domes or similar projections not used for human occupancy; nor to chimneys, air-conditioning equipment, water tanks, antennas and other necessary mechanical apparatus usually carried above roof level, all of which apparatus shall be considered as structures and shall be subject to the structural height limitations contained herein.
A. 
Purpose. The purposes of this section, in addition to the general purpose of this chapter, are more specifically:
(1) 
To require installation of off-street parking in sufficient quantity to meet the normal needs of all uses in all districts.
(2) 
In requiring and regulating the development and maintenance of parking areas, to provide measures to protect the safety of pedestrians on the sidewalks and traffic in the streets and the quiet enjoyment of other uses, particularly residential uses, in close proximity to the parking areas and to preserve and enhance the attractiveness of the Town.
B. 
Required parking.
(1) 
When required. Permanent off-street automobile parking space shall be provided, as specified hereinafter, at the time of erecting any structure; at the time any structure is enlarged or increased in capacity by adding dwelling or rooming units, seats, floor area or other elements on which parking requirements are based; or before conversion from one zoning use or occupancy to another.
(2) 
Parking units required. For every building or structure hereafter erected or altered or use hereafter established, there shall be provided off-street parking as set forth in this section. The number of units required shall be as follows:
(a) 
For each dwelling unit: two.
(b) 
For each rooming couple or each boarder or transient guest: one.
(c) 
For each professional person maintaining office hours: four plus one for each employee.
(d) 
For each home occupation: three.
(e) 
For each place of worship, clubhouse, parish house, auditorium or hall, theater or other place of public assembly: one for each three units of seating capacity.
(f) 
For each rectory, parsonage or church office: two plus one for each employee.
(g) 
For rentable office space: one for each 100 square feet of rental floor area.
(h) 
For retail or personal service uses: for the first 1,000 square feet of space, one for each 250 square feet of floor space; for all additional space, one for each 150 square feet of floor space, plus space for all vehicles usually used in the business.
(i) 
For restaurants or other places serving beverages or refreshments, except drive-in uses: one unit for each two seats.
(j) 
For mortuaries or funeral homes: 20 units.
(k) 
For industrial or warehouse uses: one space for each employee on the largest shift.
(l) 
For hospitals: one for each bed.
(m) 
For institutional homes: one for each four beds for persons over 18; one for every eight beds for persons under 18; plus one for each employee.
(n) 
For bowling alleys: five per alley, plus the required space for any bar, restaurant or other use on the premises.
(o) 
For drive-in uses: sufficient spaces to accommodate all customers. Customers shall not be served on the public right-of-way or in other than an approved parking space.
(p) 
For motor vehicle salesrooms: five units, plus one space for each employee. (Note: In the case of a salesroom with a repair garage and used car lot, the number of spaces required shall be the total of requirements for each use.)
(q) 
For new and used car lots: five units plus one additional unit for each 10 cars or major fraction thereof on display.
(r) 
For motor vehicle garages: one unit for each 500 square feet of floor space.
(s) 
For medical or dental clinics: Four units for each physician or dentist: plus one additional space for every two regular employees.
(t) 
For motels and hotels: one unit for each sleeping room offered for tourist accommodations, plus one for each dwelling unit and one for every two persons employed on the premises.
(u) 
For gasoline stations: one unit for each vehicle used in the conduct of the business, one unit for each gas pump, three units for each service bay and one unit for each two persons employed on a single shift.
(v) 
For an automatic coin laundry or dry cleaner: one unit for every two washing or dry-cleaning machines.
(w) 
For amusement or recreation facilities, such as swimming pools and skating rinks: one unit for every four patrons, computed on the basis of maximum servicing capacity at one time, plus one unit for every two persons regularly employed on the premises.
(3) 
Turnaround required. Except for single-family dwellings on local streets, all parking facilities shall have suitable turnaround area so that there will normally be no need for motorists to back onto the highway.
(4) 
Location as related to use. All required parking space provided pursuant to this section shall be on the same lot with the related use.
(5) 
The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will normally be closed at night and on Sunday, as determined by the Zoning Administrator.
C. 
Permitted parking.
(1) 
As a principal use, parking is permitted only where expressly stated.
(2) 
As an accessory use, parking units in excess of those required may be installed for the use of occupants, patrons or visitors of a permitted use, subject to compliance with all other provisions of this chapter, but not in any residential district in excess of twice the required space.
D. 
Use of front yard restricted.
(1) 
In residential districts. In any residential district, a front yard or a side yard abutting a street shall not be used for parking, except that, in connection with a one- or two-family dwelling, passenger vehicles may be parked in the front yard or side yard when in an access driveway, but such area shall not be considered a parking unit, as required herein, for more than one car.
(2) 
In industrial districts. In any industrial district, any yard space not in a required greenbelt may be used for parking if effectively separated from the greenbelt by a wheel stop or bumper stop.
E. 
Vehicle restrictions.
(1) 
Parking of trucks of more than 12,000 pounds gross vehicle weight rating (GVWR) and not more than 20 feet in overall length is not permitted on residential lots.
(2) 
Temporary school bus parking for buses used to transport students enrolled in the Wilson Central School District will be permitted on any lot in any district, provided that parking area and location requirements are met.
(3) 
Parking, as permitted herein, shall be permitted as an accessory use for the type of vehicle(s) associated with the principal use.
F. 
Design and installation of parking areas. Any area used for off-street parking for more than 10 vehicles shall be designed, installed and maintained in accordance with the following standards:
(1) 
Plan required. A plan shall be submitted with the application for a building or use permit in accordance with § 127-32, and all installations shall be made and maintained in accordance with such plan.
(2) 
Access drives to parking lots with more than 10 units.
(a) 
Location and design. Every required parking unit shall have direct access to a driveway of not less than eight nor more than 24 feet in width, connecting with a public street. Such driveway shall not be located within any required greenbelt area except when crossing it to a road, nor shall it be placed closer than six feet to any residential structure nor within two feet of any side lot lines, except that a driveway built as a joint venture to serve two abutting properties may be built on a lot line.
(b) 
The number and entry into the street shall be as provided in § 127-32.
(c) 
Improvements shall be as provided for in § 127-32.
(d) 
Use for parking. Required driveways may not be used for parking so as to block access to any parking unit.
G. 
Parking shall be in strict accordance with Chapter 119 of the Code of the Town of Wilson.
A. 
Purpose. The purposes of this section, in addition to the general purposes of this chapter, are more specifically to:
(1) 
Require the installation of off-street loading areas sufficient to meet the normal needs of uses regularly attracting truck traffic.
(2) 
Permit a truck loading area in excess of that required where consistent with other purposes of the chapter.
(3) 
Require, in connection with the installation of such off-street loading, measures necessary to protect the safety of pedestrian and vehicular traffic and to preserve the quiet enjoyment of other uses, particularly residential uses, in the immediate area and to preserve the attractiveness of the Town.
B. 
Required loading spaces.
(1) 
When required. Permanent off-street loading space, in accordance with the requirements hereinafter stated, shall be provided for all uses regularly involving the receipt or distribution of merchandise or material as specified hereinafter at the time of erection or enlarging any structure or, in the case of the use of land not involving a structure, at the time of occupancy or enlargement of such use.
(2) 
Off-street loading units required. Off-street loading units shall be provided as follows:
(a) 
Multifamily dwellings or dwellings in groups with more than 12 dwelling units: one.
(b) 
For every freight terminal, hospital, industrial plant, retail establishment, warehouse or wholesale establishment: one if 3,000 to 20,000 square feet in floor area; one for each additional 25,000 square feet.
(c) 
For every place of public assembly over 3,000 square feet in area: one.
(d) 
For every restaurant one.
(e) 
For every funeral home: one.
(f) 
For every hotel or motel: one.
(g) 
For any use not mentioned, the Zoning Administrator shall determine the requirements in relation to that required for similar uses.
C. 
Collective provisions permitted. The collective provisions and utilization of loading space may be accomplished, provided that it is within the same block and not over 100 feet of walking distance from a delivery entrance of all uses involved and that provisions suitable to the Zoning Administrator are made to assure the continued provision of such use of all involved.
D. 
Greenbelt and front yard use prohibited. The use of a required greenbelt or front yard for a loading area shall not be permitted.
E. 
Design and installation of off-street loading areas. All off-street loading areas shall be designed, installed and maintained in accordance with standards for automobile access areas contained in § 127-32.
A. 
Permit required. No work, other than site clearance and grading, may be performed in the installation or altering of any of the following vehicle access areas, except on the written approval of plans therefor by the Zoning Administrator in conjunction with the issuance of a building or use permit:
(1) 
A parking area for more than 10 vehicles.
(2) 
An off-street loading area with more than one truck space.
(3) 
An automobile access area at a gasoline station and other drive-in uses.
(4) 
An out-of-doors display area for vehicles equipped to operate on the public highways.
B. 
Plan required. A plan for proposed improvements shall be prepared at a scale of not more than 50 feet to one inch in a manner specified by the Zoning Administrator. Such plan shall show, as a minimum, the following information, both as existing and proposed for the entire area within 100 feet of the point of entry of access drives or 50 feet from any part of the proposed improvements:
(1) 
Major drainage features (culverts, bridges, streams, ditches, etc.). A topographic map shall be required by the Zoning Administrator where necessary to determine drainage requirements.
(2) 
Lot lines.
(3) 
Street pavement, curbs, drainage inlets, utility poles and fire hydrants.
(4) 
Paved areas.
(5) 
Location and type of traffic barriers.
(6) 
Structures.
(7) 
Layout of parking units and loading units.
(8) 
Landscaping.
C. 
Design standards for vehicle access areas.
(1) 
Driveway location standards.
(a) 
Site distance. Driveways shall not be permitted where there is inadequate sight distance for safety, considering both the view from vehicles on the street and from vehicles leaving the driveway.
(b) 
Distance from schools. Driveways shall not be located within 200 feet of a principal entrance of any elementary or secondary school, playground or church, when another solution is possible.
(c) 
Only two driveways shall be permitted on any lot with street frontage of less than 300 feet and not more than one additional driveway for each additional 300 feet of street frontage.
(d) 
A driveway shall not cross a street right-of-way line within 40 feet of the street right-of-way line of an intersecting street, within five feet of a fire hydrant or catch basin or within 50 feet of a driveway on the same lot when another solution is possible.
(e) 
A driveway shall not exceed 30 feet in width within 10 feet of the street right-of-way line.
(2) 
Parking and maneuvering area standards.
(a) 
Areas shall be so designed as to preclude any necessity for vehicles to back across sidewalks or into any public right-of-way.
(b) 
Parking areas shall not extend more than 120 feet in any direction unless interrupted by a planting area not less than 20 feet in width and protected from vehicular encroachment. The improved parking area shall be surrounded by a landscaped are not less than 10 feet in width if protected by wheel stops or five feet in width if protected by bumper stops.
(c) 
Lighting. Areas may be lighted. Any lighting shall be suitably located and shielded to protect surrounding properties from glare.
(d) 
No parking space, except for a one- or two-family dwelling, shall be provided within 10 feet of a building used in part or entirely for human occupancy, unless provided in a garage meeting New York State Uniform Fire Prevention and Building Construction Code standards.
(3) 
Standards for improvement.
(a) 
Grading and drainage. Vehicle access areas shall be suitably graded so as to drain, and provisions shall be made for the handling of storm drainage so as to prevent stormwater flow across a public sidewalk.
(b) 
Paving. Vehicle access areas shall be paved and maintained with an all-weather, dust-free surfacing of sufficient strength to carry the loads imposed, except that the Zoning Administrator may waive this requirement for any area more than 100 feet removed from any lot line or for areas used only seasonally or occasionally or under such other conditions as to make the paving unnecessary.
A. 
Minimum floor area. No dwelling shall henceforth be constructed nor shall any existing dwelling be altered in area so as to contain less than the following areas as applicable:
(1) 
For a single-family dwelling: not less than 800 square feet of floor area usable for living purposes and 300 square feet of floor area usable for storage.
(2) 
For a two-family dwelling: One of the dwelling units shall meet the floor area standards for a single-family dwelling, and the other shall have not less than 600 square feet of floor area available for dwelling space and not less than 200 square feet of floor area usable for storage.
(3) 
For a multifamily dwelling or dwelling group: No dwelling units shall contain less than 500 square feet of floor area usable for living purposes, and there shall be not less than an average of 200 square feet of floor area available for storage or communal activities per dwelling unit.
B. 
Usable open space. No multiple-family dwelling or dwelling group shall be constructed as a separate use or as part of a building complex containing commercial or other uses, except that there shall be provided 500 square feet of usable open space on the lot for each dwelling unit.
C. 
Community open space. On any lot containing more than 12 dwelling units, there shall be provided a community open space containing not less than 200 square feet of land area per dwelling unit.
D. 
Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.
E. 
Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area.
F. 
Room size. No dwelling unit shall henceforth be constructed or move onto a lot unless it shall have at least one room having a floor area of not less than 132 square feet, a clear height of 7 1/2 feet and clear horizontal dimension of at least eight feet. No existing dwelling unit shall be altered so as to provide less than the above standard.
A. 
All buildings of whatever nature shall be constructed, erected and built in a workmanlike manner of construction and shall conform in every respect to the provisions of building codes which are or may hereafter be applicable in the Town of Wilson, including the New York State Uniform Fire Prevention and Building Construction Code.
B. 
"Workmanlike construction" shall mean that minimum standard of work, finished or in any partial stage of completion, which is or may be required by and is acceptable to licensed architects and professional engineers practicing within their field of endeavor who customarily supervise and/or approve construction work within the general area in and near to the Town of Wilson.
C. 
No more than two accessory buildings may be constructed on any residential lot.
[Added 5-18-1992 by L.L. No. 4-1992]
A. 
The Building Inspector for the Town of Wilson, when reviewing applications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage and shoreline erosion.
B. 
The Building Inspector shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and erosion and to make recommendations for construction in all locations which have flood or erosion hazards.
C. 
The Building Inspector, in reviewing all applications for construction in flood and erosion hazard locations within the Town of Wilson, shall require that any such proposed construction must:
(1) 
Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding or erosion.
(2) 
Use construction materials and utility equipment that are resistant to flood damage and erosion.
(3) 
Use construction methods and practices that will minimize flood damage and erosion.
(4) 
Provide adequate drainage in order to reduce exposure to flood or erosion hazards.
(5) 
Locate public utilities and facilities on the site in such manner as to be elevated and constructed to minimize or eliminate flood or erosion damage; such utilities and facilities include sewer, gas, electrical and water systems.
D. 
The Town Planning Board, in reviewing all subdivision applications, shall make findings of fact and determine if:
(1) 
All such proposed development is consistent with the need to minimize flood damage and erosion.
(2) 
Adequate drainage is provided so as to reduce exposure to flood or erosion hazards.
(3) 
Adequate drainage is provided so as not to increase the exposure to flood or erosion hazards of adjacent lands.
(4) 
All public utilities and facilities are located, elevated and constructed so as to minimize or eliminate flood or erosion damage; these utilities and facilities to include sewer, gas, electrical and water systems.
[1]
Editor's Note: Former § 127-36, Lot maintenance, was repealed 7-16-2008 by L.L. No. 1-2008.
A. 
General regulations.
(1) 
Signs as an accessory use only. Signs are permitted as an accessory use only, not as a principal use.
(2) 
Rules of measuring signs:
(a) 
Back-to-back signs, identical signs arranged back to back or diverging by less than 30° from a common point, may be counted as one sign.
(b) 
The area of a sign which consists of an insignia or other device but which has no frame shall be calculated as the smallest triangle, parallelogram or circle possible to enclose the insignia.
(3) 
Certain signs and lighting prohibited. The use of moving signs or devices, self-illuminated signs (other than those with bulbs concealed behind translucent glass, plastic or similar material) and the use of flashing or intermittent lighting in connection with the signs shall not be permitted. Floodlights for the illumination of signs shall be so located and/or shielded so as not to interfere with the enjoyment of residential uses or to detract from the safety of motorists. Signs which, in the opinion of the Zoning Administrator, are so similar to standard traffic signs as to cause confusion shall not be permitted.
(4) 
Location.
(a) 
Extension over public streets. Only the following signs may be placed in or extend over any public street: signs erected by a public agency or authorized on the public right-of-way by resolution of the Town Board.
(b) 
Location in front yards. No sign shall be permitted in a front yard except as follows:
[1] 
In any residential zone, permitted signs may be located in that portion of a front yard that is more than 15 feet from the street line; permitted signs may be located within 15 feet of the street line only if less than three square feet in area and less than three feet high; and identification and business signs existing on the effective date of this chapter relating to nonconforming uses and attached to and not extending more than 12 inches from the wall of a building occupied by the related use may remain if otherwise conforming.
[2] 
In any commercial or industrial district, permitted identification and traffic direction signs, if less than six square feet in area and three feet in height, may be located in a required greenbelt, and one permitted sign not over 30 square feet in area may be located in a part of the front yard not in a required greenbelt, but no part of such sign shall extend more than five feet over the greenbelt.
(5) 
Height. No sign shall exceed 25 feet in height or extend above the facade of a building to which it is attached.
(6) 
Signs on vehicles. Vehicles bearing signs more than six square feet in area shall not be permitted to park, as a customary operation, in a residential district so as to be visible from a street.
B. 
Signs in residential districts. In any residential district, the following signs and sign areas are permitted:
(1) 
One bulletin board, not exceeding 20 square feet in area, for a church or other institutional use may be located in a required yard, but not closer than 15 feet to any street line.
(2) 
Continuation of a previously existing business sign as a nonconforming sign in connection with a nonconforming use, but only in accordance with § 127-41.
(3) 
One farm products sign in each direction of approach to a stand or farmhouse selling farm products and one at the stand, each sign not exceeding six square feet in area.
(4) 
One home occupation sign not exceeding three square feet in area.
(5) 
Identification signs.
(a) 
For a dwelling: one identification sign not exceeding two square feet in area.
(b) 
For a principal use other than a dwelling: one identification sign not exceeding eight square feet in area, attached to and parallel with the wall of a building.
(6) 
Real estate signs: one real estate sign not exceeding one square foot in area for each 20 linear feet of frontage or 10 square feet, whichever is lesser, on each street frontage when relating to the rent, lease or sale of the lot or buildings thereon. For a subdivision of land, one sign not exceeding 25 square feet may be permitted on each street frontage of the land being subdivided.
(7) 
Special event signs: signs not exceeding 50 square feet in combined area on the premises of a special event as provided in § 127-24C.
(8) 
Traffic information sign: one traffic information sign, not over three square feet in area or over three feet in height, at a driveway entrance or point of divergence of driveways.
C. 
Signs in Neighborhood Commercial Districts. In any neighborhood commercial district, the following signs are permitted:
(1) 
Signs as permitted in residential districts.
(2) 
Business signs or identification signs not exceeding one square foot in area for every two linear feet of street frontage occupied, but not exceeding 60 square feet for any such sign when parallel to and flat against the facade of a building, and one freestanding business or identification sign not exceeding 15 square feet in area per street frontage.
D. 
In any highway commercial, waterfront commercial or industrial district, the following signs are permitted:
(1) 
Signs as permitted in residential districts, except that two times the sign area permitted in a residential district shall be permitted.
(2) 
Business or identification signs as permitted in a neighborhood commercial district, except that the area of individual signs may be two times as large as in neighborhood commercial districts.