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 6 of 39

(1)  The essential nature of the service offered must be taken into account when regulations
  seek to limit expansion of facilities which provide the service;
  (2)  Operation under a franchise, subject to some measure of public regulation; and

  (3)  Logistic problems, such as the fact that the product of the utility must be piped, wired or
  otherwise served to each user and the supply must be maintained at a constant level to meet
  minute-by-minute need, and the user has no alternate source, and the supplier commonly
  has no alternate means of delivery.
  B.  Public utility services shall include electric, gas, water, sewer, fuel oil and telephone services.
SEASONAL BASIS — The conducting of a use for a period not exceeding eight months in any calendar
year.
SETBACK — The least distance from any building to the front lot line or the adjacent boundary of the
existing or platted street or highway or right-of-way, whichever is greater.[Amended 12-8-1998 by L.L.
No. 2-1998; 8-14-2007 by L.L. No. 4-2007]
SIGN — Any advertisement, announcement, direction or communication produced in whole or in part
by the construction, erection, affixing or placing of a structure on any land or on any other structure or
produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on
any structure or surface, but not including signs placed or erected by the Town of Wales, the County of Erie
or the State of New York for the purpose of showing street names or traffic directions or regulations or for
other public purposes.
SIGN AREA — The area defined by the frame or edge of a sign. Where there is no geometric frame or
edge of the sign, the "area" shall be defined as a projected, enclosed, four-sided (straight sides) geometric
shape which most closely outlines said sign.
SITE PLAN — A plan of a lot or subdivision on which is shown topography, location of all buildings,
structures, roads, rights-of-way and boundaries, all essential dimensions and bearings and any other
information deemed necessary by the Town Board.
SPECIAL PERMIT USES — A use requiring the additional standards and approval as specified in Article
VII.
STORY — That portion of a building between the surface of any floor and the surface of the floor next
above it or, if there is no floor above it, then the space between any floor and ceiling next above it. A
basement shall be counted as a "story" for purposes of height measurement if the ceiling is more than five
feet above the average adjoining ground level. A "half-story" is a story under a sloping roof, having a ceiling
height of seven feet or more or not exceeding 1/2 the floor area of the uppermost full story in the building.
STRUCTURE — Anything constructed or erected which requires permanent location on the ground or
attachment to something having such location.
STRUCTURE ALTERATIONS — Any change in the supporting members of a building or other structure,
such as bearing walls, columns, beams or girders.
SUBDIVISION — Any tract of land which is divided into five or more parcels, effective August 1, 1977,
along any existing or proposed street(s), highway(s), easement(s) or right(s)-of-way for sale or for rent as
residential lots or residential building plots, regardless of whether the lots or plots to be sold or offered for
sale or lease for any period of time are described by metes or bounds or by reference to a map or survey of
the property or by any other method of description and regardless of whether the lots or plots are contiguous.
A tract of land shall constitute a "subdivision" upon the sale, rental or offer for sale or lease of the fifth
residential lot or residential building plot therefrom within any consecutive three-year period, and the same
shall apply to all such parcels thereof, including the first four parcels, regardless of whether said parcels
have been sold, rented or offered for sale or lease, either singly or collectively. The word "tract" shall mean
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