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.
(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.
(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)
ANIMAL
HARBOR
WILD OR EXOTIC ANIMAL
Definitions. As used in this Subsection A(12), the following terms shall have the meanings indicated:
Any and all types of animals, domesticated and wild, male
and female, singular and plural.
To keep or contain upon public or private property or to
permit another to keep or contain upon public or private property.
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.
(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.
(15)
Short-term rentals. Short-term rental properties as defined
and further regulated by Chapter 97 of the Town Code.
[Added 9-20-2023 by L.L. No. 3-2023]
[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]
(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; 7-19-2023 by L.L. No. 2-2023]
(1)
Requirements.
(a)
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 UR40 District.
(b)
Waterfront areas, as documented by the Town assessment roll,
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 § 127-38D. In commercial and
industrial districts, the Town may permit fences to be higher in height
to provide for necessary visual screens. All fences shall be constructed
in accordance with generally recognized construction methods. Fabric,
of any type, shall not constitute a fence. Fencing shall be maintained
in good and stable condition.
(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.
(3)
Temporary fence. A temporary fence shall not restrict sight distance
for the traveling public or create a hazardous condition. There is
no building permit required for a temporary fence. The utilization
of temporary fencing is limited to the following purposes:
(a)
Snow fencing used exclusively to control snow drifting. Fencing
shall be properly secured and not exceed four feet in height. Snow
fencing may only be utilized between November 15 and March 30 and
shall not remain in place outside of such dates.
(b)
Crowd control fencing at a legally permitted event. Fencing
shall be properly secured and not exceed four feet in height. Duration
of use shall be limited to three days in any calendar year and shall
be removed at the conclusion of the permitted event.
(c)
Construction fencing used to protect the public from hazardous
conditions and debris during a permitted construction project, including
open excavation. Construction fencing shall be immediately removed
once the hazardous condition is eliminated.
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, and greenhouse sheds. Buildings, sheds,
enclosures, or similar structures for use as a tool, garden or greenhouse
shed are permitted as an accessory use, provided 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. All structures
must meet the requirements of this chapter with regard to yards and
setbacks. For the purposes of this chapter, tool, garden and greenhouse
sheds shall not exceed 144 square feet, shall not exceed one story
in height, and shall be permanently installed. These buildings shall
be maintained in good condition at all times. A no-cost building permit
is required for a shed meeting the standards of the section.
[Amended 7-19-2023 by L.L. No. 2-2023]
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:
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.
(d)
Use for parking. Required driveways may not
be used for parking so as to block access to any parking unit.
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.
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:
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.
(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.
