The residential districts established in this article are designed
to provide a suitable character and stable environment for single-family
detached dwellings and multifamily units at reasonable densities and
for viable farm and agricultural operations. The districts are also
designed to generally promote the public health, safety and welfare
through specific dimensional and design requirements. These residential
districts also include certain community and open space uses which
serve the residents of these districts and that generally benefit
from an open residential environment. The purpose of these districts
includes, among others, the following specific goals:
A.
To protect residential areas against fire, explosions, toxic and
noxious matter or other safety and environmental hazards, offensive
noise, vibration, smoke, odors, heat, glare and other objectionable
influences.
B.
To encourage the protection of viable farmland which is not needed
for urban development and to encourage its continuation in productive
farming.
C.
To encourage and maintain a wide range of housing types and housing
affordability within the Town to meet the Town's present and
future populations.
D.
To promote the development of schools, parks and other activity centers
in residential areas and to act as focal points which facilitate social
activities within the neighborhoods.
E.
To require and maintain a pattern of land use and development within
the Town which does not waste valuable land resources, which is based
on land configurations and natural features, which protects the Town's
tax base, which protects the character of each district and its peculiar
suitability for certain uses, and which preserves areas of high natural
beauty and environmental sensitivity.
F.
To protect residential areas as much as possible against large volumes
of vehicular traffic, against through traffic and against other safety
problems related to vehicular traffic flow.
G.
To protect residential areas against congestion as much as possible,
by regulating the density of development; to require the provision
of open space areas for rest and recreation wherever practicable;
and to break the monotony of continuous building bulk and thereby
to provide a more desirable environment for suburban living.
H.
To provide for access of light and air to windows, to provide for
privacy as much as possible and to provide for adequate fire protection
by controlling the spacing, location and heights of buildings and
other structures and to provide for adequate access to sunlight and
to wind for solar energy and wind-powered devices or structures.
I.
To provide for the maintenance of the general aesthetic character
and integrity of residential neighborhoods by limiting construction,
development and certain types of activities in required front, side
and rear yards.
J.
To provide for the proper review and consideration by the Town Zoning
Board of Appeals, Planning Board and Town Board of proposed developments
in certain areas of the Town and for certain types of uses.
K.
To direct new residential development at appropriate densities to
areas adequately served by public water and sewer. Medium- and high-density
residential zones must be served by both public water and sewer. The
low-density residential zone areas must have either public water or
sewer. The areas zoned for very low-density residential are those
which are not served by public water or sewer.
A.
Permitted uses.
(1)
Principal uses permitted by right:
(2)
Principal uses permitted subject to site plan approval by the Planning
Board:
(a)
Churches or similar places of worship or religious institutions.
(b)
Public school, public college, university or similar public
educational uses accredited by the New York State Department of Education.
(c)
Municipally owned and operated buildings or structures and other
strictly governmental uses or activities.
(d)
Private clubs or camps, private membership clubs, lodges or
fraternal organizations, neighborhood or community centers, YMCA or
YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(e)
Private school, private college, university or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(f)
Licensed hospitals and rest homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No.
1-1997]
(g)
Cemeteries.
[Added 9-20-1994 by L.L. No. 3-1994]
(i)
Golf courses and driving ranges.
[Added 9-20-1994 by L.L. No. 3-1994]
(j)
Airports.
[Added 9-20-1994 by L.L. No. 3-1994]
(k)
Gun clubs.
[Added 9-20-1994 by L.L. No. 3-1994]
(3)
Principal uses permitted subject to special use permit approval by
the Planning Board:
[Amended 12-2-1991 by L.L. No. 6-1991; 3-4-1992 by L.L. No.
2-1992; 9-20-1994 by L.L. No. 3-1994]
(a)
Commercial greenhouses or plant nurseries or similar commercial
agricultural uses involving retail sales.
(c)
Use of an accessory building for a purpose not specifically
listed above but deemed by the Planning Board to be similar in nature
and compatible with the R-VL zoning.[3]
[3]
Editor's Note: Original § 125-18A(3)(e), Cellular
towers, added 2-10-1997 by L.L. No. 1-1997, which immediately followed
this subsection, was deleted 8-2-2011 by L.L. No. 4-2011.
(d)
Meteorological towers (MET towers) pursuant to a special use permit as provided in § 520-57 hereof.
[Added 6-12-2006 by L.L. No. 6-2006]
(e)
Shooting preserve. A shooting preserve is permitted on contiguous lands containing 100 acres or more, provided that the owner or lessee of the lands has secured a shooting preserve license from the New York State Department of Environmental Conservation pursuant to § 11-1903 of the Environmental Conservation Law. In addition to all other requirements for special use permits set forth in § 520-67 of this chapter, the applicant must furnish a copy of said shooting preserve license together with proof that such license is in good standing.
[Added 8-13-2007 by L.L. No. 10-2007]
(f)
Single apartment in a single-family dwelling.
[Added 7-12-2010 by L.L. No. 1-2010; amended 3-11-2013 by L.L. No.
1-2013]
(g)
Kennels.
[Added 7-13-2015 by L.L.
No. 6-2015]
(4)
Accessory uses:
(f)
Radio, television, satellite dish or citizens band antennas, subject to the restrictions in § 520-33.
(g)
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(h)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L.
No. 3-2017]
(5)
Accessory
use subject to special use permit:
[Added 2-11-2008 by L.L. No. 2-2008]
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(a)
Minimum front setback: 100 feet.
[Amended 9-20-1994 by L.L. No. 3-1994]
(b)
Minimum side setback: 15 feet
[Amended 9-20-1994 by L.L. No. 3-1994]
(c)
Minimum rear setback: 15 feet
[Amended 9-20-1994 by L.L. No. 3-1994]
(d)
Minimum side yard (not front yard) on corner lot: 75 feet.
(e)
With respect to any structure existing prior to September 1, 1991,
the least distance from the front line of the lot to the front building
line shall constitute the minimum front setback required for any modification,
alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(4)
(5)
Maximum lot coverage with impervious surface shall be 10%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(3)
One dwelling unit shall be allowed per parcel, with the exception
of farm labor camp uses.
[Amended 2-10-1997 by L.L. No. 1-1997]
(4)
All publicly accessible establishments will comply with regulations
promulgated under Title III of the Americans with Disabilities Act
of 1990, which is effective January 26, 1992.
(5)
Septic systems shall be subject to current Monroe County health regulations
as outlined on dimensional chart requirements.
[Added 9-20-1994 by L.L. No. 3-1994]
A.
Permitted uses.
(1)
Principal uses permitted by right:
(2)
Principal uses permitted subject to site plan approval by the Planning
Board:
(a)
Public school, public college, university or similar public
educational uses accredited by the New York State Department of Education.
(b)
Municipally owned and operated buildings or structures and other
strictly governmental uses or activities.
(c)
Churches or similar places of worship or religious institutions.
[Added 9-20-1994 by L.L. No. 3-1994]
(d)
Private clubs or camps, private membership clubs, lodges or
fraternal organizations, neighborhood or community centers, YMCA or
YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(e)
Private school, private college, university or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(f)
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No.
2-1997]
(g)
Cemeteries.
[Added 9-20-1994 by L.L. No. 3-1994]
(h)
Public utility buildings or structures, including electrical
substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(3)
Principal uses permitted subject to special use permit approval by
the Planning Board:
[Amended 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No.
3-1994]
(b)
Use of an accessory building for a purpose not specifically
listed above but deemed by the Planning Board to be similar in nature
and compatible with the R-L zoning.
(c)
Single apartment in a single-family dwelling.
[Added 7-12-2010 by L.L. No. 1-2010; amended 3-11-2013 by L.L. No.
1-2013]
(d)
Kennels.
[Added 7-13-2015 by L.L.
No. 6-2015]
(4)
Accessory uses:
[Amended 12-2-1991 by L.L. No. 6-1991]
(f)
Radio, television, satellite or citizens band antennas, subject to the restrictions in § 520-33.
(g)
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(h)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L.
No. 3-2017]
(5)
Accessory
use subject to special use permit:
[Added 2-11-2008 by L.L. No. 2-2008]
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(a)
Minimum front setback: 100 feet.
(b)
Minimum side setback: 15 feet.
(c)
Minimum rear setback: 15 feet.
(d)
Minimum side yard (not front yard) on corner lot: 35 feet.
(e)
With respect to any structure existing prior to September 1, 1991,
the least distance from the front line of the lot to the front building
line shall constitute the minimum front setback required for any modification,
alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(4)
(5)
Maximum lot coverage with impervious surface shall be 10%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(3)
One dwelling unit per lot shall be allowed per parcel.
[Amended 2-10-1997 by L.L. No. 1-1997]
(4)
All publicly accessible establishments will comply with regulations
promulgated under Title III of the Americans with Disabilities Act
of 1990, which is effective January 26, 1992.
(5)
Septic systems shall be subject to current Monroe County health regulations
outlined on dimensional chart requirements.
[Added 9-20-1994 by L.L. No. 3-1994]
[Added 6-11-2007 by L.L. No. 8-2007]
A.
Purpose. In recognition of stated policies of the Town of Hamlin
as set forth in its Comprehensive Plan to maintain a rural character,
to promote continued agricultural use of land and to focus future
residential development in proximity to existing public water and
sanitary sewer facilities, the Town Board of the Town of Hamlin may
establish special zoning districts which require one-acre minimum
lot sizes. These special districts must be located within established
zoning districts which now require a minimum lot size of five acres
(R-VL District) or a minimum lot size of two acres (R-L District).
The intent and purpose of such one-acre zoning districts is to concentrate
future residential development in the rural and agricultural areas
of the Town in a manner which will preserve open space and infringe
to the least degree possible upon existing tracts of agricultural
lands. It is the purpose to discourage strip development of residences
along roads in the rural areas of the Town since such development
tends to have an adverse impact upon agricultural activity on adjacent
lands. This policy can best be maintained by concentrating high-quality
residential development in subdivisions having public water and sanitary
sewers with lots smaller than permitted in the existing five-acre
and two-acre zoning districts. Such development will serve to protect
the rural character of the Town of Hamlin.[1]
B.
Procedure to create R-L1 District.
(1)
An R-L1 Zoning District is created by the Hamlin Town Board in an
area which has preexisting zoning in the R-VL District or in the R-L
District. A newly created R-L1 District is drawn on the Official Map
only after its creation by the Town Board.
(2)
The owner of any land containing 20 or more contiguous acres of land
within an R-VL or R-L District may present a petition to rezone the
premises to R-L1 (Residential/Low Density One Acre District). The
Town Board may waive the twenty-acre requirement if it determines
that the establishment of said district on lands containing less than
20 acres would benefit the Town of Hamlin. Each such petition shall
include the following information:
(a)
Proof of ownership of land proposed to be rezoned.
(b)
A survey of the land proposed to be rezoned together with a
metes and bounds description of the premises.
(c)
Proof that the land proposed to be rezoned may be served by
existing public water and sanitary sewer facilities; the location
of the water mains and sanitary sewers must be shown on the survey
or site plan which accompanies the application.
(d)
A conceptual map which shows proposed development plans for
the property.
(e)
A completed environmental assessment form (long form EAF).
(f)
A check for the rezoning application fee as set forth in the
fee schedule available from the Town Clerk.
(3)
Upon receipt of a complete application, the Town Board shall determine
whether or not it will proceed with consideration of the application.
The Town Board may refer the application to the Hamlin Planning Board
for its recommendation.
(4)
If the Town Board determines to proceed with rezoning, it shall follow the procedure for rezoning set forth in § 264 of the Town Law of the State of New York and § 520-8 of this chapter.
(5)
Once the land is rezoned, the site plan and subdivision plat, if
applicable, must be reviewed and approved by the Planning Board. The
Planning Board shall not review any proposal for site plan or subdivision
approval in an R-L1 District until such zoning district has been created
which incorporates the entire site proposed to be developed.
C.
Permitted uses.
(1.1)
Principal use permitted subject to a special use permit:
[Added 3-11-2013 by L.L. No. 1-2013]
(a)
Single apartment in a single-family dwelling.
(2)
Permitted accessory uses:
(a)
Decks and gazebos.
(b)
Sheds for storage of equipment and materials used for maintenance
of premises.
(g)
Noncommercial radio, television and satellite dishes or citizens band antennas, subject to the restriction in § 520-33.
D.
Dimensional requirements.
(1)
Minimum lot size and width. The minimum lot size shall be one acre.
Minimum lot width shall be 120 feet.
(3)
Minimum unit size for single-family dwelling. The minimum unit size
for any single-family dwelling, including one-story, one-and-one-half-story
and two-story dwellings, is 2,000 square feet.
E.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(2)
One dwelling unit per lot shall be allowed per parcel.
(3)
All publicly accessible establishments will comply with regulations
promulgated under Title III of the Americans with Disabilities Act
of 1990.
A.
Permitted uses.
(2)
Principal uses permitted subject to site plan approval by the Planning
Board:
(a)
Public school, public college, university or similar public
educational uses accredited by the New York State Department of Education.
(b)
Municipally owned and operated buildings or structures and other
strictly governmental uses or activities.
(c)
Churches or similar places of worship or religious institutions.
[Added 9-20-1994 by L.L. No. 3-1994]
(d)
Private club or camp, private membership clubs, lodges or fraternal
organizations, neighborhood or community centers, YMCA or YWCA or
similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(e)
Private school, private college, university or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(f)
Private nursery schools or day-care centers or similar private
educational uses accredited by the New York State Department of Education
[Added 9-20-1994 by L.L. No. 3-1994]
(g)
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No.
1-1997]
(h)
Public utility buildings or structures, including electrical
substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(3)
Principal uses permitted subject to special use permit approval by
the Planning Board:
[Amended 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No.
3-1994; 2-10-1997 by L.L. No. 1-1997]
(b)
Use of an accessory building for a purpose not specifically
listed above but deemed by the Planning Board to be similar in nature
and compatible with the R-M zoning.
[Amended 8-2-2011 by L.L. No. 4-2011]
(c)
Single apartment in a single-family dwelling.
[Added 7-12-2010 by L.L. No. 1-2010; amended 3-11-2013 by L.L. No.
1-2013]
(4)
Accessory structures/uses:
[Amended 3-4-1992 by L.L. No. 2-1992; 2-10-1997 by L.L. No.
1-1997]
(e)
Noncommercial radio, television, satellite dishes or citizens band antennas, subject to the restrictions in § 520-33.
(f)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L.
No. 3-2017]
(h)
Tennis courts and similar private recreational uses or facilities, subject to the restrictions in § 520-42.
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(b)
Two-unit townhouses.
[Added 4-14-1997 by L.L. No. 5-1997]
[1]
Minimum front setback: 70 feet.
[2]
Minimum rear setback: 15 feet.
[3]
Minimum side setback: the party wall in a two-unit townhouse will
be established as a common lot line. This lot line will be determined
after the party wall has been constructed, based on an instrument
survey at time of construction of basement or ground level. Side setback
of 30 feet required between structures. Side and rear setback of 15
feet will be maintained for other accessory structures.[6]
(c)
With respect to any structure existing prior to September 1, 1991,
the least distance from the front line of the lot to the front building
line shall constitute the minimum front setback required for any modification,
alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3)
Minimum unit size (square footage of floor area).
[Amended 4-14-1997 by L.L. No. 5-1997]
(4)
(5)
Maximum lot coverage with impervious surface shall be 25%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(3)
One dwelling unit per lot shall be allowed per parcel.
[Amended 2-10-1997 by L.L. No. 1-1997]
(4)
All publicly accessible establishments will comply with regulations
promulgated under Title III of the Americans with Disabilities Act
of 1990, which is effective January 26, 1992.
A.
Permitted uses.
(2)
Principal uses permitted subject to site plan approval by the Planning
Board:
[Amended 3-4-1992 by L.L. No. 2-1992]
(a)
Public school, public college, university or similar public
educational uses accredited by the New York State Department of Education.
(b)
Municipally owned and operated buildings or structures and other
strictly governmental uses or activities.
(c)
Churches or similar place of worship or religious institutions.
(d)
Two- (duplex), three- or four-family dwelling.
(e)
Private clubs or camps, private membership clubs, lodges or
fraternal organizations, neighborhood or community centers, YMCA or
YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(f)
Private school, private college, university or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(g)
Private nursery schools or day-care centers or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(h)
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No.
1-1997]
(i)
Public utility buildings or structures, including electrical
substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(j)
Community residences and group homes.
[Added 9-20-1994 by L.L. No. 3-1994]
(k)
Apartment buildings and garden apartments containing more than
three units.
[Added 9-20-1994 by L.L. No. 3-1994]
(l)
Townhouse, single-family attached dwellings, and similar uses.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-12-2007 by L.L. No. 5-2007]
(m)
Mobile home parks, trailer parks and similar uses, subject to the restrictions of Chapter 454, Trailers and Trailer Parks, of the Code of the Town of Hamlin.[1]
[Added 9-20-1994 by L.L. No. 3-1994]
[1]
Editor's Note: Original § 125-21A(2)(n), In-law
apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately
followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
(3)
(4)
Accessory structures/uses:
[Amended 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No.
3-1994; 2-10-1997 by L.L. No. 1-1997]
(e)
Noncommercial radio, television, satellite dish or citizens band antennas, subject to the restrictions in § 520-33.
(f)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L.
No. 3-2017]
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(a)
Minimum front setback: 70 feet.
(b)
Minimum side setback: 15 feet.
(c)
Minimum rear setback: 15 feet.
(d)
Minimum side yard (not front yard) on corner lot: 30 feet.
(e)
Attached dwellings shall not be required to provide side yard
setbacks. Setbacks between principal buildings shall be 25 feet.
(g)
With respect to any structure existing prior to September 1, 1991,
the least distance from the front line of the lot to the front building
line shall constitute the minimum front setback required for any modification,
alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3)
Minimum unit size (square footage of floor area).
(b)
Two-, three- and four-family dwellings and apartments shall
provide a minimum of 480 square feet per dwelling unit, a minimum
total livable floor area of 1,200 square feet per structure, and a
minimum ground coverage of 600 square feet if the dwelling exceeds
one story.
(c)
Boardinghouses, lodging or rooming houses shall provide 180
square feet per boarder or roomer, a minimum total livable floor area
of 1,200 square feet per structure, and a minimum ground coverage
of 600 square feet if the dwelling exceeds one story.
(d)
Attached dwellings shall provide a minimum of 960 square feet
of total livable floor area per unit.
(4)
(5)
Maximum lot coverage with impervious surface shall be 25%. Maximum
lot coverage with impervious surface for apartment and attached dwelling
uses shall be 50%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(3)
One permitted principal building and use shall be allowed per lot
with the exception of apartment and attached dwelling uses.
(4)
All publicly accessible establishments will comply with regulations
promulgated under Title III of the Americans with Disabilities Act
of 1990, which is effective January 26, 1992.
[Added 10-11-2004 by L.L. No. 3-2004]
A.
Statement of purpose. In recognition of the increasing need for various
housing options designed specifically and exclusively for senior citizens,
the Town Board of the Town of Hamlin may establish Senior Citizen
Residential Districts. The intent and purpose of such zoning districts
are to:
(1)
Encourage a variety of housing options for senior citizens throughout
the Town of Hamlin.
(2)
Provide flexibility in the provision of housing with a continuation
of levels of use specifically designed to satisfy the economic, physical,
physiological and social needs of senior citizens.
(3)
Protect, to the extent practical, the rural-suburban character of
the Town of Hamlin, the property values of the community, and the
public health, safety and welfare by ensuring that the location, design
and nature of such senior citizen housing:
(a)
Will be in harmony with nearby uses and will not alter the essential
character of the neighborhood.
(b)
Will not adversely affect the orderly pattern of development
of nearby properties.
(c)
Will not create a hazard to health, safety or general welfare.
(d)
Will not be detrimental to the flow of traffic.
(e)
Will not place an excessive burden on public facilities, services
or utilities.
B.
Procedure to create SC District.
(1)
An SC Zoning District is created by the Hamlin Town Board in an area which has preexisting zoning. A newly created Senior Citizen Residential District is drawn on the Official Zoning Map only after its creation by the Town Board.
(2)
The owner of any land containing five or more contiguous acres may
present a petition to rezone the premises to SC (Senior Citizen Residential).
The Town Board may waive the five-acre requirement if it determines
that the establishment of said district would benefit the Town of
Hamlin. Each such petition shall include the following information:
(a)
Proof of ownership of land proposed to be rezoned.
(b)
A survey of the land proposed to be rezoned together with a
metes and bounds description of the premises.
(c)
A letter of intent which sets forth the present use of the land
and a detailed description of the proposed use as a Senior Citizen
District.
(d)
A conceptual map which shows existing and proposed plans for
the property.
(e)
A completed environmental assessment form (long form EAF).
(f)
A check for the rezoning application fee as set forth in the
fee schedule available from the Town Clerk.
(3)
Upon receipt of a complete application, the Town Board shall determine
whether or not it will proceed with consideration of the application.
The Town Board may refer the application to the Hamlin Planning Board
for its recommendation.
(4)
If the Town Board determines to proceed with rezoning, it shall follow the procedure for rezoning set forth in § 264 of the Town Law of the State of New York and § 520-8 of this chapter.
(5)
Once the land is rezoned, the site plan and subdivision plat, if
applicable, must be reviewed and approved by the Planning Board. The
Planning Board shall not review any proposal for site plan or subdivision
approval for a senior housing project until a Senior Citizen Residential
Zoning District has been created which incorporates the entire site
proposed to be developed.
C.
Permitted uses.
(2)
Permitted accessory uses:
(a)
Decks and gazebos.
(b)
Sheds for storage of equipment and materials used for maintenance
of the premises.
(c)
Swimming pools and courtyards for exclusive use of residents
of the SC District and their guests.
(d)
Garages for private noncommercial use of residents and to store
vehicles and equipment used in property maintenance.
(e)
A senior community center for the private, noncommercial use
of the residents of the SC District.
(f)
Indoor or outdoor recreational facilities for the private, noncommercial
use of the residents of the SC District.
D.
Requirements for permitted uses in a Senior Citizen Residential Districts.
(1)
Age of residents. On any contiguous parcel of land developed under
these regulations, at least 80% of the dwelling units shall be occupied
by at least one senior citizen.
(2)
Density. Overall density shall not exceed six dwelling units per
acre for single-family (including townhomes) and two-family duplex
residences and 10 dwelling units per acre for multifamily buildings.
(3)
Lot coverage. The maximum impervious area ratio shall be 50% of the
gross lot area and the maximum building coverage shall be 25% of the
gross lot area.
(4)
Setback requirements.
(a)
The minimum front setback for single-family dwellings, single
family townhouses and two-family dwelling shall be 35 feet.
(b)
The minimum side setback for single-family dwellings, single-family
townhomes and two-family dwellings shall be 15 feet, except that no
side setback is required for internal walls of attached townhomes.
(c)
The minimum rear setback shall be 15 feet for single-family
dwellings, single-family townhomes and two-family dwellings.
(d)
There are no minimum front, side or rear setback requirements
for apartment houses, staffed independent living facilities and assisted
living facilities. Such setbacks are subject to Planning Board approval
during site plan review. In making such determination, the Planning
Board shall consider the statement of purpose set forth herein for
Senior Citizen Residential Districts and the location and setting
of the proposed project.
(5)
Special requirements for developments with homeowners' association.
The following rules shall apply to every senior community which has
a homeowners' association.
(a)
Lot coverage. The maximum impervious area ratio shall be 50%
of the gross project area which shall include the building lots and
any common area. Zero lot line houses shall be exempt from the maximum
building coverage provisions.
(b)
Setback requirements. Where the Town Engineer finds that the
senior community provides sufficient access (by common area or easement)
for emergency vehicles, municipal vehicles and future drainage improvements,
the following setbacks shall apply:
[1]
Minimum front setback shall be 25 feet from a publicly dedicated
road as measured to the front wall of the proposed dwelling units.
[2]
Minimum side setback.
[a]
Where zero lot line dwelling lots are proposed,
the minimum side setback shall be eliminated and replaced with a requirement
that the dwelling units be separated as required by the NYS Uniform
Fire Prevention and Building Code.
[b]
Where other lots are proposed, the minimum side
setback for single-family dwellings, including townhomes, shall be
five feet, except that no side setback is required for internal walls
of attached townhomes.
(6)
Minimum habitable area. Each dwelling unit shall provide the following
minimum habitat area (Note: areas for the common use of tenants, such
as lobbies and corridors, are not to be considered habitable areas.):
(7)
Minimum building size. No structure containing apartments shall be
less than 1,200 square feet.
(8)
Maximum number of bedrooms. No dwelling unit in an SC District, including
a unit in an independent living or assisted living facility, shall
contain more than two bedrooms.
(9)
Maximum building height. The maximum height for principal buildings
or structures shall not exceed 40 feet.
(10)
Garage and parking requirements.
(a)
Each detached single-family residence and each townhome residence
shall have an attached garage sufficient to accommodate two motor
vehicles.
(b)
For each dwelling unit in a multifamily building, there shall
be provided two parking spaces, except that where the developer can
demonstrate that because of the design and projected occupancy of
the project there is a need for less parking, the Planning Board shall
have the power and authority to adjust such parking requirements downward,
fully reciting in any such resolution the justification therefor.
With respect to such parking:
[1]
Ten percent of the required parking shall be designated as visitors
parking.
[2]
Parking areas must be curbed, striped and have direction of
travel lanes painted over the blacktop.
[3]
No parking areas shall be located in a front yard or side yard
abutting a dedicated public street.
[4]
No parking space shall be constructed within the areas included
in the required setbacks.
[5]
No parking or storage space or the erection of detached garages
shall be permitted in a front yard.
[6]
Driveways providing ingress to or egress from the parking areas
to the public highway, together with suitable space for turning, shall
be provided. No access drives shall be constructed within the areas
included in the required setbacks.
[7]
All parking for apartment buildings, independent living facilities
and assisted living facilities must be located in the rear of the
premises.
(12)
Specific building requirements. All senior citizen apartments or
independent care facility buildings shall have all common areas handicapped
accessible and have a minimum of 10% of the dwelling units handicapped
accessible. The remaining dwelling units must be handicapped adaptable.
(Note: The construction standards for handicapped accessible and handicapped
adaptable units are those defined in the American Disability Act codes
and the New York State Building Codes for the physically handicapped
in effect at the time the senior apartments or independent care facility
is being constructed.)
(13)
Assurances. Each proposal for the construction of housing in a Senior
Citizen Residential Zoning District shall be accompanied by appropriate
undertakings, restrictive covenants, easements and the like, in form
and content satisfactory to the Planning Board, in order to ensure
that the legislative intent and purposes of this section are achieved.
