Southtowns Record

Draft Local Law 3-2026 Chapter 200 Zoning

Government
Town of Wales
Kind
Other
Topics
Zoning and land use, Water, sewer and drainage, Parks and recreation, Roads and traffic, Budget and taxes

Original document

Text · page 10 of 39

ARTICLE IV
  Regulations Applicable in All Districts

§ 200-10. Compliance with regulations required.

A.  No building or land shall hereafter be used or occupied and no building or part thereof shall be erected,
  moved or altered except in conformity with the regulations herein specified for the district in which it
  is located.

B.  Building, site development, or activities related to the use, occupation of property, and the
  improvement thereof is not permitted until the issuance of all required permits have been filed and
  approved, including, but not limited to, building permits, special use permits and permits subject to
  development of the property. [Added 10-11-2011 by L.L. No. 4-2011; 10-13-2020 by L.L. No.
  3-2020]

§ 200-11. Compliance with restrictions required.

Except as hereinafter provided, no building shall hereafter be erected or altered to a greater height, to
accommodate or house a greater number of families, to have any yard or setback less in width or depth
or to have lesser floor area, in the case of dwellings, than is specified herein for the district in which such
building is located.

§ 200-12. Yards and open space to be separate.
No part of a yard or other open space required about any building for the purpose of complying with the
provisions of this chapter shall be included as a part of a yard or other open space similarly required for
another building.

§ 200-13. Reduction of required areas prohibited.

No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as
to make said area, dimension or capacity less than the minimum required under this chapter. If already less
than the minimum required under this chapter, said area, dimension or capacity shall not be further reduced.

§ 200-14. Foundations and basements.3 [Amended 12-8-1998 by L.L. No. 2-1998]

A.  Habitable dwellings must be constructed on a continuous fully enclosed foundation extending below
  the frost line in accordance with the New York State Fire Prevention and Building Code and designed
  to be insect and vermin protective.
B.  A basement without superstructure shall not be considered a habitable dwelling and may not be
  granted a certificate of occupancy.

§ 200-15. Preservation of topsoil and other natural features.
A. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use
  other than on the premises from which the same shall be taken, except in connection with the
  construction or alteration of a building or paved parking area on such premises and excavation or
  grading incidental thereof; provided, however, that the Town Board may, by special permit, grant an
  application for such stripping where it finds such will not be detrimental to the adjoining land and
  building development.
B.  Existing natural features, including brooks and drainage channels, shall be retained. Whenever such
  features interfere with the proposed use of such property, a retention of the maximum amount of such

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