Areas within the R-VL District may be used for the location
of farm labor housing on approval of the Zoning Board of Appeals,
after application made thereto, pursuant to the procedures specified
for obtaining an accessory permit as contained herein and under the
conditions listed below:
A.
Such use may be granted to bona fide farmers for the housing of farm
labor necessary to the operation of farms owned or managed by the
applicant. Occupants must be employed by the applicant farmer on a
seasonal basis. Residency is not to be of a permanent nature.
B.
The application shall be in writing, describing the size and location
of the farm or farms and the operations and nature thereof, and shall
be accompanied by a detailed site plan showing the location of a housing
unit on the farm, other farm buildings, buildings on neighboring properties,
proposed water, sewer and drainage facilities and availability of
public utilities, size and description of proposed buildings and number
of proposed occupants.
C.
Consideration of evidence of facts.
(1)
The Zoning Board of Appeals shall consider evidence and facts relating
to:
(a)
The health, safety, morals and general welfare of the Town of
Hamlin, the area surrounding the proposed housing unit or units and
the proposed housing area.
(b)
The necessity of housing for operation of the farm; requirements
and copies of certificates of approvals of federal, state and county
departments having jurisdiction over farm labor or migrant labor housing;
and that the use proposed will not alter or impair the essential use
of adjacent property or the locality.
(2)
The Zoning Board of Appeals may adjourn its hearing and may make
a site facility inspection if it so desires.
D.
Permits granted hereunder shall be of not more than one-year duration
and shall terminate on the first day of March each year and may be
renewed without another hearing, unless the Zoning Board of Appeals
requires such hearing.
E.
The Zoning Board of Appeals may impose reasonable conditions based
on facts applicable to each application, and, if the applicant violates
any condition or the terms of this provision or any permit granted
pursuant hereto, the Zoning Board of Appeals may, after public hearing,
on proof thereof, revoke the permit.
F.
Buildings and facilities may be permanent or of the manufactured,
portable type and must be inspected by and receive a building permit
from the Building Inspector. Buildings proposed need not comply with
other provisions of this section or other Town ordinances relating
to the size and type of buildings or construction thereof if the buildings
proposed are approved by the appropriate county and state departments
having jurisdiction over farm or migrant labor. Such buildings may
not be used for human habitation whatsoever, except under the terms
of this provision and with a proper permit.
G.
Any public hearing held pursuant to this provision shall be duly
advertised, and written notice shall be mailed to owners of property
within 500 feet of the exterior boundary of the property for which
the application is made.
H.
No housing site shall be relocated, added to and/or expanded or upgraded
without permission of the Zoning Board of Appeals. Any additional
dwellings and/or buildings being added to the original site plan will
require an additional accessory permit.
[Amended 3-4-1992 by L.L. No. 2-1992]
A.
Professional offices. Professional offices are allowed in any residential
district when part of the personal dwelling of, and used solely by,
professional persons licensed by the State of New York, such as, but
not limited to:
(1)
All medical professionals.
(2)
Architects or landscape architects.
(3)
Real estate agents or brokers.
(4)
Insurance agents or brokers.
(5)
Professional engineers or professional land surveyors.
(6)
Certified public accountants.
(7)
Attorneys.
(8)
Offices of similar licensed professional persons or similar business offices upon issuance of a special use permit by the Planning Board. In addition to other criteria for special use permits set forth in § 520-67 of this chapter, the Planning Board shall not issue such a special use permit without a finding that said use is of the same general character as those uses listed in this Subsection A.
[Amended 3-12-2001 by L.L. No. 1-2001]
B.
Home occupations. The following customary home occupations or activities
are allowed in any residential district when conducted by the resident
only and when conducted in the principal building only:
(1)
Art/music studio.
(2)
Dressmaking.
(3)
Teaching/private lessons.
(4)
Babysitting.
(5)
Beauty shops.
[Added 3-4-1992 by L.L. No. 2-1992]
(6)
Telephone answering services and business conducted entirely over
the telephone.
(7)
Similar home occupations or activities upon issuance of a special use permit by the Planning Board. In addition to other criteria for special use permits set forth in § 520-67 of this chapter, the Planning Board shall not issue such a special use permit without a finding that said use is of the same general character as those uses listed in this Subsection B.
[Amended 3-12-2001 by L.L. No. 1-2001]
C.
Exceptions. Family day-care homes defined in § 390, Subdivision 1(e), of the Social Services Law and group family day-care homes defined in § 390, Subdivision 1(d), of the Social Services Law are not considered home occupations and are specifically exempt from the requirements of Subsections B and D of this section.
[Added 5-8-2006 by L.L. No. 4-2006]
D.
Regulations.
(1)
All professional offices and home occupations or activities shall
be subject to the following restrictions:
(a)
The professional office, home occupations or activity must be
clearly incidental and accessory to the use of the dwelling unit for
residential purposes and shall require a special use permit from the
Planning Board.
[Amended 12-2-1991 by L.L. No. 6-1991; 3-12-2001 by L.L. No.
1-2001]
(b)
Not more than two additional persons shall be employed on or
from said premises as assistants to a professional person. Such assistants
must be of a lower professional rank.
(c)
Any such use shall not include the confinement of any person
under care or treatment for a period in excess of 24 hours.
(d)
There shall be no exterior display, no exterior storage of materials and no other exterior indication of the professional office or home occupation or activity, or variation from the general residential character of the principal building. Exterior signage shall be permitted only as outlined in § 520-37 of this chapter.
(e)
Professional offices or home occupations shall not occupy more
than 25% of the total floor area of any dwelling or principal building,
and in no event shall they occupy more than 500 square feet of the
total floor area.
(f)
No offensive odor, noise, vibration, smoke, dust, heat or glare
shall be produced on the premises as a result of the permitted use.
(g)
Teaching and/or private lessons shall be limited to not more
than two pupils at any one time.
(h)
Babysitting services shall be limited to a maximum of four children
under care on the premises at any one time. These children shall be
in addition to any children living on the premises. Babysitting services
must meet all other applicable New York State rules and regulations.
(i)
Hours of operation for professional offices and home occupations
or activities shall be limited to the hours of 7:00 a.m. to 9:00 p.m.
daily.
[Amended 9-20-1994 by L.L. No. 3-1994; 12-11-2006 by L.L. No.
9-2006]
(2)
The Code Enforcement Officer shall annually inspect all professional offices and/or home occupations operating under the permit. If the use is found not to conform to the terms and conditions or this chapter and/or of the permit, the Officer shall issue a forty-five-day notice to conform. If the owner does not conform, Article VIII of this chapter will apply.
[Amended 3-4-1992 by L.L. No. 2-1992]
[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No.
1-1997]
Private garages, carports and nonagricultural storage barns
are permitted subject to the following restrictions. A building permit
shall be required prior to the construction, movement or replacement
of any garage permitted in this section.
A.
An attached private garage or carport shall be considered part of
the principal dwelling and must meet all setback requirements listed
in this chapter.
B.
An attached private garage may provide living space on the second
floor. A detached private garage may not provide living space.
C.
A detached private garage or carport or nonagricultural storage barn
must be erected equal to or behind the front main foundation line
of the principal dwelling or building on the lot and shall not be
located nearer than 15 feet to any rear or side property lines, nor
closer than 10 feet to any other building on the lot.
D.
If erected on a corner lot, a private detached garage or carport
or nonagricultural storage barn must be located behind the street
side and rear main foundation lines of the principal dwelling or building
on the lot. On through lots, such structures shall not be located
nearer than 30 feet to either street line.[1]
[1]
Editor's Note: Original § 125-39E, which immediately
followed this subsection and required a special use permit for erection
of a private detached garage or carport or nonagricultural barn on
a vacant lot, was deleted 3-12-2001 by L.L. No. 1-2001.
A.
Swimming pools are permitted subject to the following restrictions:
(1)
Construction and operation of swimming pools within the Town of Hamlin
must conform to all applicable federal, state and local laws and codes,
including but not limited to the rules of the State and County Boards
of Health, the New York State Uniform Fire Prevention and Building
Code and other applicable codes, rules and regulations.
[Added 9-20-1994 by L.L. No. 3-1994]
(2)
A swimming pool and appurtenances thereto, including the pool apron
or deck, must be erected behind the rear main foundation line of the
principal dwelling or building on the lot and shall not be located
nearer than 15 feet to any rear or side property line nor closer than
10 feet to any building or other structure on the premises containing
a basement per New York State Code. Swimming pools erected on a corner
lot must be located behind the rear and side main foundation lines
of the principal dwelling or building on the lot, as extended to each
street line. On through lots, swimming pools shall not be located
nearer than 30 feet to either street line.
[Added 9-20-1994 by L.L. No. 3-1994]
(3)
The swimming pool and ladder area or that portion of the lot within
which the pool and ladder area are located shall be completely enclosed
by a fence that will provide security against accidental or unauthorized
entry. Such a fence shall be a minimum of four feet in height and
a maximum of six feet in height and shall include a self-closing,
self-latching entrance gate that shall be capable of being locked.
If such a fence is separate or physically detached from the pool itself,
there shall be a minimum distance of four feet between the fence and
the water's edge. It shall be the responsibility of the property
owner to maintain the fence and gates in good working order at all
times.
(4)
An aboveground swimming pool with a minimum side wall height of four feet, constructed by the manufacturer so that the vertical walls are smooth and sheer and do not provide any means for intermediate footholds and handholds or unauthorized access to the water, shall be exempt from the fencing requirements described in Subsection A(3) above. However, a fence with a minimum height of four feet containing a self-closing, self-latching gate capable of being locked shall enclose the ladder area and/or prohibit unauthorized entry into such pool. Aboveground pools with a side wall height less than four feet are not exempt from the fencing requirements described in Subsection A(3) above.
(5)
Drainage facilities and procedures for swimming pools shall not interfere
with the public water supply, existing drainage and sewage facilities,
public highways or rights-of-way, easements or the property of others.
(6)
Structural stability.
(a)
The structural stability and integrity of any swimming pool
constructed, moved or replaced in the Town of Hamlin shall be ensured,
based on a determination by the Building Inspector made at the time
of issuance of the building permit and using a manufacturer's
warranty, contractor's guaranty and/or certification by a New
York State licensed professional engineer.
(b)
It shall be the responsibility of the property owner to properly
maintain, at all times, the structural stability and integrity of
the swimming pool, as well as the condition and quality of the pool
water.
(7)
The filtering equipment for any swimming pool shall be of a size
and type to permit adequate maintenance, at all times, of water quality
based on guidelines set by the Monroe County Health Department.
(8)
All electrical systems for such pool are required to be inspected
by an electrical inspection agency or electrical inspector deemed
suitable by the Hamlin Town Board. The fee for such inspection will
be paid by the owner of the pool over and above said fee for the original
building permit for such pool, whether aboveground or below.[1]
(9)
Outdoor lighting erected in connection with a swimming pool of any
type must be placed or positioned to avoid directing light onto neighboring
properties as much as possible.
(10)
The operation of any pool filtering or heating system, radio,
phonograph, television or other electronic device, in connection with
the use of a swimming pool, operated in such a manner so as to disturb
the quiet, comfort or repose of persons in any dwelling or residence
is prohibited, as determined by the Building Inspector.
B.
Other types of private pools, tanks or enclosures of water not subject
to the definition of "swimming pool" contained in this chapter but
which, however, involve electrical equipment shall require a building
permit.
Fencing is permitted subject to the following provisions and
restrictions:
A.
A building permit shall be required prior to the construction, movement
or replacement of any fence permitted in this section.
B.
No fence shall be erected in any rear yard higher than six feet above
the highest point of ground directly below the fence.
C.
No fence shall be erected in any side yard higher than six feet above
the highest point of ground directly below the fence.
D.
No fence shall be erected in any front yard except for one of open
and decorative design and not more than four feet in height. Open
design shall mean the area covered by the fence will be a maximum
of 50% opaque. Any wire fence is not permitted in a front yard.
[Amended 9-20-1994 by L.L. No. 3-1994; 3-12-2001 by L.L. No.
2-2001]
E.
Snow fences shall be permitted on any lot between November 15 and
April 1 of each year, provided that the snow fence does not cause
snow to be deposited on adjacent property owned by others or on public
streets or sidewalks. The end of any snow fence shall be a minimum
of 15 feet away from any paved public street. Only standard snow fences
shall be permitted that are no higher than four feet with metal posts
10 feet apart and wood slats 1 1/2 inches wide, connected by
wire, with two-inch spaces between the slats. All snow fences and
posts must be completely removed by April 1 of each year. Permits
are not required for snow fencing. Any other provisions in this section
concerning fence location and setbacks do not apply to snow fencing.
F.
On corner lots, no fencing shall be erected in front of the front and street side main foundation lines of the principal dwelling or building on any lot, with the exception of split-rail fencing as noted in Subsection D.
G.
The face or good side of any fence shall be located so as to face
any adjoining lots or property owned by others. Fence posts shall
face in and away from any adjoining lots or property owned by others.
The location of any fencing in relation to property lines shall be
the responsibility of the homeowner or property owner.
H.
Fencing on vacant lots or lots without a house or dwelling shall
be permitted, provided that such fencing does not extend beyond the
average of the front setbacks of the existing dwellings within 200
feet of either side of the property and is not more than four feet
in height.
I.
Barbed wire fencing or electrification of any fence is permitted
in R-VL Districts only and shall be for agricultural purposes only.
Single-strand wire fences or the anchoring of any fence post by guy
wires to stakes is prohibited except for agricultural purposes. No
building permit is required.
J.
In extreme cases involving public and/or child safety, the Zoning
Board of Appeals may grant a renewable one-year accessory permit for
fencing otherwise prohibited by this section, as appropriate and only
as necessary, to meet the minimum safety requirements.
[Added 2-10-1997 by L.L. No. 1-1997]
[Added 2-7-1996 by L.L. No. 2-1996; amended 4-9-2012 by L.L. No.
3-2012; 5-25-2016 by L.L. No. 3-2016]
If the front foundation of a residence complies with the minimum
front setback established for the zoning district in which the residence
is located, a nonenclosed porch structure, deck or pergola, covered
or open air, which does not exceed a distance of 10 feet forward of
the front foundation of the residence, is permitted without a front
setback variance, even if the porch structure, deck or pergola encroaches
within the required setback area. A building permit is required prior
to the construction, movement or replacement of any such porch, deck
or pergola.
[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No.
1-1997; 9-13-1999 by L.L. No. 5-1999; 9-14-2009 by L.L. No. 4-2009; 8-2-2011 by L.L. No. 4-2011; 4-9-2012 by L.L. No.
3-2012]
Sheds, cabanas and similar or other accessory structures are
permitted, provided that such structures are incidental to the principal
or primary residential use on the property and subject to the following
restrictions: A building permit shall be required prior to the construction,
movement or replacement of any shed, cabana or other accessory structure
permitted in this section.
A.
Any shed,
cabana or similar accessory structure shall not exceed 256 square
feet in area, no one side shall exceed 16 feet in length, and all
walls shall have a maximum height of eight feet. One of each type
of structure shall be permitted per lot except for R-L District (two)
and R-VL District (three) as determined by the Building Inspector.
B.
A shed,
cabana or similar accessory structure must be erected behind the front
main foundation line of the principal dwelling on any lot and 10 feet
from any building used for residential purposes. A side and rear setback
of no less than five feet may be maintained as long as there is the
ten-foot separation from any structures on neighboring properties.
C.
If erected
on a corner lot, a shed, cabana or similar accessory structure must
be located behind the rear and street side main foundation lines of
the principal dwelling or building on the lot. On through lots, structures
shall not be located nearer than 30 feet to either street line. A
shed, cabana or similar accessory structure may not be erected on
a vacant lot, unless such lot is owned by an adjacent property owner
and such shed, cabana or similar accessory structure is for his/her
exclusive use.
D.
A shed,
cabana or similar accessory structure may not be used to park or store
automobiles, trucks, vans or other similar motor vehicles, nor may
such structures be used to provide living space of any kind.
E.
Playhouses
less than 64 square feet and with a wall height less than six feet
and intended for use by children shall not require a building permit,
nor will swing sets, play sets and similar recreational structures
intended for private residential use of children, provided they are
constructed on residential parcels and conform to setback requirements.
F.
Any arbor-like
structure with dimensions which do not exceed four feet in width by
four feet in length, or a total of 16 square feet, shall not require
a building permit.
[Amended 2-10-1997 by L.L. No. 1-1997; 1-8-2007 by L.L. No.
3-2007; 12-10-2012 by L.L. No. 9-2012]
A.
Temporary or permanent roadside stands are permitted as accessory
structures in the R-VL, R-L and R-M Zoning Districts, subject to the
following restrictions:
(1)
Roadside stands of temporary construction must be erected at least
15 feet from any highway right-of-way or property line. Temporary
roadside stands may be erected and maintained between April 1 and
November 30 of each year and shall be removed on or before November
30 of the same year. One such structure shall be permitted per lot.
Such structure shall not exceed the overall dimensions of 20 feet
by 20 feet.
(2)
Roadside stands of permanent construction must comply with all of
the setback provisions and restrictions prescribed for principal structures
for the district in which the stand is located. One such structure
shall be permitted per lot. Such structure shall not exceed the overall
dimensions of 30 feet by 30 feet.
(3)
An off-street parking area consisting of at least 2,000 square feet
with safe ingress and egress to public street or highways must be
provided in conjunction with any permanent roadside stand. At least
600 square feet of off-street parking area shall be required for temporary
roadside stands. Roadside stands must not cause undue or unsafe traffic
conditions.
(4)
Roadside stands must be owned and operated by the owner or residents
of the premises on which the roadside stand is located. Only produce
products and campfire wood may be sold at roadside stands.
B.
A neighborhood produce stand is a portable structure which does not
exceed 10 feet in length and five feet in depth, or a table or tables
which do not exceed a total of 50 square feet of area. A neighborhood
produce stand is permitted in any zoning district, subject to the
following restrictions:
(1)
Only produce products may be sold at neighborhood produce stands.
(2)
Neighborhood produce stands must be set back at least 15 feet from
any highway right-of-way.
(3)
Only one neighborhood produce stand is permitted on a lot.
(4)
No signs advertising the roadside produce stand are permitted except
for a nonilluminated sign attached to the stand.
(5)
A neighborhood produce stand may be maintained only between April
1 and November 30 of each year. On or before November 30, any neighborhood
produce stand must be dismantled or removed to a location behind the
principal structure on the premises.
[Amended 9-20-1994 by L.L. No. 3-1994; 2-13-1995 by L.L. No.
2-1995; 2-10-1997 by L.L. No. 1-1997]
A.
Noncommercial radio, television or citizens band dish antennas are
permitted subject to the following restrictions. A building permit
shall be required prior to the erection of any antenna or replacement
thereof.
(1)
All noncommercial radio, television or citizens band antennas must
be erected in conformance with all Federal Communications Commission
(FCC) guidelines or requirements. Radio, television and citizens band
antennas may be erected without a building permit, provided that no
such structure shall have a height greater than 10 feet above the
ground or the structure on which it is mounted. Only one of each such
structure shall be permitted per dwelling unit.
(2)
A noncommercial radio, television or citizens band antenna that has
a height greater than 10 feet above the ground or the structure on
which it is mounted shall require a building permit. All such structures
shall be subject to a reasonable determination by the Town Building
Inspector as to structural stability and safety. Specifications of
manufacturers may be used by the Building Inspector as a guide for
such determinations. Any alterations will require the issuance of
a building permit.
(3)
No noncommercial radio, television or citizens band antenna shall
exceed a maximum height of 50 feet in height above the ground.
(4)
Freestanding radio, television and citizens band antennas must be
erected behind the rear main foundation line of the principal dwelling
or building on the lot. Freestanding antennas erected on corner lots
must be placed behind the rear and street side main foundation lines
of the principal dwelling or building on the lot, as extended to each
street line. The required minimum setbacks for freestanding antenna
structures shall not be less than the height of the tower. Should
the property owner be unable to meet such a setback requirement, the
Town Building Inspector shall be empowered to establish the location
of such a structure on the property and in an area where failure of
the tower would do the least damage to neighboring property. Guy wires
for such towers shall be located no closer than four feet to any side
or rear property line.
(5)
Antenna structures or towers, including guy wires that may conduct
electricity, shall be adequately grounded.
B.
Satellite dish antennas are permitted subject to the following restrictions:
(1)
A building permit from the Town Building Inspector must be obtained
prior to the placement or replacement of any satellite dish antenna.
(2)
The dish antenna must have a dull finish so that it will not cause
sun-reflection problems for adjacent properties.
(3)
In residential districts, it shall be located in the rear yard as
far from adjacent property lines as practicable but must meet at least
the minimum setback requirements for the district.
(4)
Only in commercial and industrial districts may a satellite dish
be located on the roof of the principal building or on an accessory
structure unless permission is granted from the Zoning Board of Appeals.
[Added 2-10-1997 by L.L. No. 1-1997; amended 12-9-2002 by L.L. No. 11-2002]
The regulations regarding the placement, construction, and modification of wireless telecommunications facilities are contained in Chapter 506 of the Code of the Town of Hamlin.
A.
Windmills, wind turbines, wind chargers or similar wind energy conversion
systems (WECS) are permitted subject to the following restrictions:
(1)
A building permit shall be required prior to the construction or
replacement of any wind energy conversion system (WECS). WECS plans
submitted to the Town Building Inspector for building permit approval
shall bear the seal, signature and/or certification of a licensed
professional engineer.
(2)
The WECS shall be placed on a ground-based tower located behind the
rear main foundation line of the principal dwelling or building on
the lot. If located on a corner lot, the WECS shall be placed behind
the side and rear main foundation lines of the principal dwelling
or building on the lot as extended to both street lines. A total of
one WECS shall be permitted per dwelling unit.
(3)
The required minimum setback for any WECS tower shall be equal to
the height of the tower plus the additional height that any blade
or rotor may extend above the top of the tower. Should the property
owner be unable to meet such a setback requirement, the Town Building
Inspector shall be empowered to establish the location of such a structure
on the property and in an area where failure of the tower would do
the least damage to neighboring property. Guy wires for such towers
shall be located no closer than four feet to any property line. The
combined height of a tower and the blades or rotor of a WECS may not
exceed 50 feet.
(4)
The minimum distances between the ground and the blades or rotor
of a WECS shall be at least 15 feet.
(5)
The climbing apparatus of any WECS tower shall be located at least
10 feet above ground level.
(6)
Any WECS tower and all guy wires capable of conducting electricity
shall be adequately grounded.
(7)
At least one high-voltage warning sign shall be placed at eye level
on any tower when the voltage generated by a WECS will exceed 50 volts.
(8)
Normal and emergency shutdown procedures shall be posted in a readily
acceptable place, as determined by the Building Inspector.
(9)
A WECS shall be properly maintained and operated at all times. The
operation of any WECS in a manner which exceeds a reasonable level
of noise as normally experienced by neighboring property owners, as
determined by the Town Building Inspector, shall be prohibited.
(10)
WECS generators and alternators shall be properly filtered and/or
shielded in order to avoid electromagnetic interference and shall
comply with the rules and regulations of the Federal Communications
Commission contained in 47 CFR Parts 15 and 18.
(11)
Prior to the issuance of a building permit, the applicant shall
submit to the Building Inspector proof in the form of a duplicate
insurance policy or a certificate issued by an insurance company that
at least $300,000 of liability insurance has been obtained to cover
damage or injury which might result from the failure of the tower
and/or the WECS or any part thereof.
B.
A WECS may not begin its initial operation until inspections required
by the Town of Hamlin have been made and all necessary approvals have
been given. After initial operations have begun, the Building Inspector
or his designated representative shall have the right at any reasonable
time to enter the premises on which a WECS has been placed to inspect
any or all parts of said installation.
C.
After conducting an inspection, the Building Inspector may order
the owner of a WECS to render said WECS inoperative for reasons related
to assuring safety of operation, abating noise or eliminating electromagnetic
interference. The owner of the WECS shall not return the WECS to service
until any and all of the reasons which caused the Building Inspector
to issue the order to the owner to make said WECS inoperative have
been corrected to the satisfaction of the Building Inspector.
D.
Prior to allowing a WECS to resume operations, the Building Inspector
may require the owner of the WECS to have an inspection made and a
report issued by a professional engineer licensed in the State of
New York certifying that the WECS and/or tower is safe.
[Amended 12-2-1991 by L.L. No. 6-1991; 5-8-2017 by L.L. No. 3-2017]
A.
Small-scale solar energy systems.
(1)
Small-scale solar energy systems are permitted as an accessory use
in designated zoning districts.
(2)
Small-scale solar energy systems, and all components thereof, must
comply with the setback and height requirements of the underlying
zoning district.
(3)
A building permit is required for the construction of any small-scale
solar energy system.
(4)
Upon approval of a building permit, the Building Inspector shall record, on the appropriate Town Zoning Map, the location of the system on the lot for the purpose of minimizing future loss of solar access resulting from construction of structures on adjoining properties.
B.
Large-scale solar energy systems.
(1)
Large-scale solar energy systems are permitted in designated zoning
districts through the issuance by the Planning Board of a special
use permit subject to the requirements set forth in this section and
pursuant to site plan approval by the Planning Board.
(2)
Application requirements for special use permit. The site plan and special use permit application must comply with the requirements of §§ 520-65 (Site plan review) and 520-67 (Special use permits) of this chapter and be supplemented by the following:
(a)
If the site of the project is to be leased, written consent
of the landowner is required and a copy of the lease and all agreements
between the lessor and lessee must be provided; however, all financial
terms may be redacted.
(b)
Detailed plans of the solar energy system, signed by a professional
engineer or architect, together with specifications for all solar
panels, photovoltaic panels, significant components, mounting systems
and inverters.
(c)
If the solar energy system is to be connected to the utility
grid, written acknowledgment from the utility company must be provided
that the facility will be connected to the utility grid in order to
sell electricity to the public utility.
(d)
A property operation and maintenance plan which details maintenance
of all solar energy equipment and maintenance of the grounds, including
upkeep of all access driveways and the mowing and trimming of vegetation.
(e)
Decommissioning plan.
[1]
A decommissioning plan to be implemented upon abandonment, or
cessation of activity, or in conjunction with removal of the solar
energy system. Prior to obtaining a building permit, the owner or
operator of the facility shall post a performance bond or other suitable
guarantee in a face amount of not less than 150% of the estimated
cost to ensure removal of the facility or structure in accordance
with the decommissioning plan described below. The form of the guarantee
must be approved by the Town Attorney, and the guarantee must remain
in effect until the system is removed. The decommissioning plan shall
ensure that, in the event operation of the facility ceases operation
for a period of 12 months, or if construction of the project begins
but is not completed within 18 months thereafter, the site will be
restored to a useful, nonhazardous condition without delay, including
but not limited to the following:
[2]
In the event construction of the project begins but is not completed
within 18 months thereafter, the Town may notify the operator and/or
the owner to complete construction and installation of the facility
within 180 days. If the owner or operator fails to complete construction
within that period of time, the Town may notify the owner or operator
to implement the decommissioning plan.
[3]
Upon cessation of activity of the solar energy system for a
period of 12 months, the Town may notify the owner/operator of the
facility to either restore operation of the system or implement the
decommissioning plan. Within 180 days of service of said notice, the
owner and/or operator must either restore operation equal to 80% or
more of approved capacity or implement the decommissioning plan.
[4]
If the owner and/or operator fails to fully implement the decommissioning
plan within the timetable set forth in the plan and to restore the
site as required, the Town may provide for the restoration of the
site and recover the costs thereof from the bond or other guarantee
provided by the owner and/or operator. The Town may recover any additional
expenses incurred from the owner and/or operator, and in the event
of default in payment, such costs shall be assessed against the property
and be a lien upon such property, which lien may be enforced and collected
in any manner authorized by law.
(3)
Special use permit standards.
(a)
Lot size. Large-scale solar energy systems shall be located
on lots with a minimum lot size of 20 acres.
(b)
Setbacks. The minimum front, side and rear setbacks are 100
feet.
(c)
Maximum height. No solar panel or any solar energy equipment
shall be higher than 20 feet from grade level.
(d)
Maximum lot coverage. No solar energy system shall occupy more
than 75% of the lot.
(e)
Screening. A landscaped buffer or screening is required around
the perimeter of the facility. Such buffer or screening may include
the use of earth berms, fencing, plantings or other screening which
will harmonize with the character of the property and surrounding
neighborhood.
(f)
Siting. To the extent feasible, the solar energy facility will
be sited to minimize the loss of viable farmland.
(g)
Reflective glare. Solar panels and equipment shall be designed
and located to prevent reflective glare toward any inhabited building
on adjacent properties.
(h)
Underground facilities. To the extent feasible, on-site utility
and transmission lines shall be placed underground.
(i)
Security fencing. The entire solar energy system shall be enclosed
by a minimum six-foot-high fence with a locked gate.
(j)
Signage.
[1]
A sign shall be conspicuously displayed on or near the main
access point which sets forth the facility name, owner and phone number.
[2]
A clearly visible warning sign concerning voltage shall be placed
in close proximity to all transformers and substations and on each
side of the perimeter fencing.
(k)
Removal of vegetation. Removal of trees and shrubs should be
minimized and be offset with plantings elsewhere on the property.
C.
Interference with solar access prohibited. The construction of any
new fence or structure, or the planting of any new shrub or tree or
other plant, that obstructs or restricts sunlight from reaching or
falling on any lawfully constructed solar energy structure, as determined
by the Building Inspector, is prohibited. Existing structures and
existing vegetation shall be exempt from this requirement.
A.
The purpose of this section is to promote safety by regulating existing
and proposed signs of all types. It is intended to protect property
values, to create a more attractive economic and business climate,
to enhance and protect the physical appearance of the community and
to preserve the scenic and natural beauty of designated areas. It
is further intended to reduce sign or advertising distraction and
obstructions that may contribute to traffic accidents, to reduce hazards
that may be caused by signs overhanging or projecting over public
rights-of-way and to prevent one sign from obstructing the view of
another sign.
[Amended 5-13-2002 by L.L. No. 2-2002]
B.
Signs are permitted subject to the following regulations:
(1)
No signs of any description shall be erected or maintained nor shall
any such signs be enlarged or relocated in any district within the
Town unless a permit has been obtained from the Building Inspector,
unless provided otherwise herein. The Building Inspector is empowered
to submit any application for a sign permit to the Zoning Board of
Appeals for issuance of an accessory permit after review and determination
of suitability.
[Amended 5-13-2002 by L.L. No. 2-2002]
(2)
All signs shall comply with applicable regulations of the Building
Code regarding construction, erection and electrical needs. All electrical
signs shall be wired in compliance with the National Electrical Code
and inspected by an electrical inspection agency or electrical inspector
deemed suitable by the Hamlin Town Board. No sign shall be erected
or placed on a site until a sign permit has been issued by the Building
Inspector.
[Amended 8-2-2011 by L.L.
No. 4-2011]
(3)
Agricultural signs may be located on property other then its business
address when written approval has been obtained from the property
owner. No such sign shall exceed 16 square feet (no permit required).
[Amended 5-13-2002 by L.L. No. 2-2002]
(4)
Signs shall be located on the same premises as the business, profession,
or matter to which they refer, unless otherwise allowed.
[Amended 5-13-2002 by L.L. No. 2-2002]
(5)
Surface area. No business or industrial sign located within 100 feet
of any residential district boundary shall have a surface area (in
square feet) larger than 1/2 its distance (in linear feet) from such
residential boundary. Example: A business sign located 90 feet from
a residential boundary shall not have a surface area larger than 45
square feet.
(6)
No sign or signs erected or maintained in the window of a building
or seen through such window, and visible from any public or private
street or highway, shall occupy more than 30% of the window surface;
not to exceed other existing sign area regulations in this section.
(7)
The use of multiple pennants, banners, spinners, streamers, flags,
moving signs or flashing, reflective, animated or rotating signs or
similar eye-catching devices is permitted in districts (excluding
C-NB, Commercial/Neighborhood Business) zoned for business, commercial
or industrial uses for the promotion of commercial events, including
but not limited to grand openings or business anniversaries, subject
to the following:
[Amended 5-13-2002 by L.L. No. 2-2002]
(a)
Such signs and devices shall require a special sign permit which
will be limited to a period not exceeding 30 days and which will be
limited to no more than one such permit within any calendar year.
(b)
The application for a permit for such signs and devices shall be
made to the Building Inspector and shall be accompanied by drawings
showing dimensions, designs, colors, legends, materials and structural
details of the proposed sign or device, and a plot map showing the
location of such sign or device as well as the location of other signs
on the same property, parking areas and buildings.
[1]
The Building Inspector may grant the permit if he/she finds that
the following conditions are met:
[a]
The proposed sign or device will not impede the vision of the
operator of any motor vehicle on any public highway, or the operator
of any motor vehicle entering or exiting the property on which the
sign or device is located, or on any adjacent property.
[b]
The proposed sign or device shall not be detrimental to adjacent
properties and shall not create a hazard to the public or to any adjacent
owner.
[2]
The permit may limit the hours that any such signs or devices may
be illuminated.
(8)
No sign shall be extended above any roofline of a building or project
beyond property lines.
(9)
Signs shall be securely attached to the building or to structurally
sound standards.
(10)
No sign shall be installed, erected or attached in any form,
shape or manner to a fire escape or any door or window giving access
to any fire escape.
(11)
No sign, temporary or otherwise, shall be affixed to a tree
or utility pole, except traffic signs as placed by a public agency.
(13)
The height of a wall sign shall be measured from the base of
the building below the sign to the top of the sign face.
(14)
No sign shall be erected or placed at or near the intersection
of any streets in such a manner as to cause a traffic hazard at the
intersection, or at any location where, by reason of the position,
shape, color or illumination of the sign, it may interfere with, obstruct
the view of, or be confused with any authorized traffic sign, signal
or device, which makes use of the words "stop," "look." "drive-in,"
"danger," "go slow," "caution," "warning," "right," "left" or any
other word, phrase, symbol or character in such a manner as to interfere
with, mislead or confuse vehicle operators. Such signs may be removed
immediately by the Building Inspector if deemed a hazard to public
safety.
[Amended 5-13-2002 by L.L. No. 2-2002]
(15)
No sign of any size or description, except those erected and
maintained by a public agency or mailbox signs, may be erected, placed
or maintained within the highway limits of any public way within the
Town of Hamlin. Examples of this provision apply to safety, directional,
historical markers or other types of signs erected and maintained
by said public agency. No sign of any size or description may be erected
or placed that obstructs the view of another sign.
[Amended 5-13-2002 by L.L. No. 2-2002]
(16)
A-frame or removable, curbside signs are allowed subject to
the following:
[Amended 5-13-2002 by L.L. No. 2-2002]
(a)
These signs are not to exceed a total area of 16 square feet.
(b)
A single A-frame or curbside, removable sign may be placed either
on the premises for which the advertising is intended or, with the
written consent of the property owner, on another parcel to direct
attention to the business, sale or event for which the advertising
is intended.
[Amended 5-11-2015 by L.L. No. 5-2015]
(c)
Only one such sign is permitted per commercial road frontage lot,
and such sign may be displayed during business hours only.
(d)
Home improvement signs for contractors may be located on the property,
dwelling or business being worked on, not to exceed six square feet
in size. These signs shall be posted no more than 30 days or the actual
construction period, whichever is longer, but in no case shall such
sign be posted for more than one year.
(e)
One sign per residential property, excluding agricultural signs.
(No permits required for A-frame signs.)
(17)
Any sign existing and erected before the adoption of this section,
which is nonconforming and for which a permit was issued, shall be
removed within one year of the effective date of this section.
[Amended 5-13-2002 by L.L. No. 2-2002]
(18)
Illumination of signs.
[Amended 5-13-2002 by L.L. No. 2-2002]
(a)
Illuminated signs or lighting devices may be permitted, provided
that such signs employ only lights which emit beams of light of constant
intensity, and no sign shall be illuminated by or contain flashing,
oscillating or moving lights.
(b)
Any illumination of buildings and open areas shall be designed
so that the lighting sources do not constitute any possible hazard
to traffic and will not directly illuminate any adjacent property.
(19)
A nonilluminated temporary sign, either attached or freestanding,
not exceeding 20 square feet in area, and announcing special public
or institutional events, the erection of a building, the architect,
the builders or contractors, may be erected for a period not to exceed
30 days plus the duration of the event or construction period.
[Amended 5-13-2002 by L.L. No. 2-2002; 8-8-2005 by L.L. No.
7-2005]
(20)
The provisions of this section shall not apply to safety, directional,
historical markers or other types of signs erected and maintained
by a public agency.
(21)
The Building Inspector shall require the proper maintenance
of all signs. Should any sign become unsafe, unsightly, damaged or
deteriorated, the owner thereof or the person maintaining the same
shall, upon receipt of written notice from the Building Inspector,
proceed at once to put such sign in a safe and secure condition or
renovate or remove the sign. The display surfaces shall be neatly
painted at all times. The Building Inspector may order the removal
of any sign and its support structures that are not maintained in
accordance with the provisions of this section. Painting, repainting,
cleaning or repair maintenance shall not be considered an erection
or alteration which requires a permit unless a structural change is
made.
[Amended 5-13-2002 by L.L. No. 2-2002]
(22)
Any obsolete sign which no longer identifies a use, or an illegal
sign, shall be removed within five days after notice by the Building
Inspector. Such removed signs will be stored by the Town for a minimum
of 30 days, during which the owner may redeem them for an amount equivalent
to double the Town's actual cost of removal or $25, whichever is greater.
[Amended 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No.
2-2002]
(23)
Freestanding signs.
(a)
All permitted freestanding signs shall be set back a minimum
of 15 feet from the front property line.
(b)
No building to be served by a freestanding sign shall be set
back less than 35 feet from the property line.
(c)
Any freestanding sign shall be located a minimum distance of
20 feet from a permitted use, as measured from the outside wall of
the building.
(d)
The height of a freestanding sign shall be measured from the
curb level to the top of the sign.
(e)
Freestanding signs are prohibited, except for:
[Amended 6-29-1992 by L.L. No. 6-1992; 5-13-2002 by L.L. No.
2-2002]
[1]
One freestanding sign, not exceeding 30 square feet, identifying
a group of four or more businesses combined in a shopping center.
[2]
One freestanding sign, not exceeding 15 square feet, identifying
a rental development of at least 10 dwelling units.
[3]
One freestanding sign, not exceeding 1 1/2 square feet, bearing
only property numbers, post box numbers, names of occupants of premises
or other identification of premises not having business connotations
(no permit required).
[4]
Freestanding signs, not exceeding two square feet, regulating
the use of property, such as "No Fishing," "No Hunting," "No Trespassing,"
etc. (no permit required).
[5]
Freestanding signs, not exceeding 1 1/2 square feet, directing
and guiding traffic and parking on private property but bearing no
advertising matter (no permit required).
[6]
One freestanding identification sign, not exceeding 20 square
feet in area, for each church, neighborhood community center, educational
institution, public building, professional center, or nonprofit club.
[7]
One nonilluminated, freestanding sign, not exceeding 1 1/2 square
feet in area, for each home occupation use.
[8]
One freestanding sign, not exceeding 25 square feet, identifying
a commercial business, including retail sales, auto repair, private
club and emergency service organization, as deemed acceptable by the
Building Inspector.
[9]
Two freestanding signs, not exceeding 25 square feet per sign,
on corner lots identifying a commercial business, including retail
sales, as deemed acceptable by the Building Inspector.
(24)
One wall sign or projecting sign, no larger than 15 square feet,
denoting the name of an apartment building, boardinghouse or rooming
house, tourist home, nonprofit club, bed-and-breakfast facility, or
community or municipal center, shall be allowed in any residential
district.[1]
(25)
One wall sign placed flat against the building, not exceeding
1 1/2 square feet of sign area for each linear foot of building
frontage occupied by such building on a street or in a row of stores,
shall be allowed in any commercial district, but it shall not exceed
a maximum area of 100 square feet. One such sign shall be permitted
for each street on which the business abuts.
(26)
One wall sign placed flat against the building, not exceeding
1 1/2 square feet of sign area for each linear foot of building
frontage occupied by such building on a street or in a row of stores,
shall be allowed in any industrial district, but it shall not exceed
a maximum area of 100 square feet. One such sign shall be permitted
for each street on which the business abuts.
(27)
Campaign or not-for-profit community-oriented signs may be erected
no more than 35 days before election day or the event and must be
removed within 24 hours after an election day or event. A noncommercial
sign expressing personal sentiment that is safeguarded as free speech
by the Constitution is permissible on personally owned real estate
or with the permission of the owner. Such campaign or event signs
shall not exceed 32 square feet and will comply with other guidelines
contained in this section. Such signs are allowed on all properties
within Hamlin subject to the property owner's approval and enforcement
by the Building Department. Signs conforming under this subsection
require no additional sign permits or approvals from the Town.
[Added 3-4-1992 by L.L. No. 2-1992; amended 2-7-1996 by L.L. No. 2-1996; 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No.
2-2002]
[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997; 4-14-1997 by L.L. No. 5-1997]
B.
Entrance and egress roads. It shall be the developer's responsibility
to provide one entrance and one egress road to the main highway when
more than one duplex, triplex, quad or townhouse is planned for erection
in the same subdivision.
C.
Each individual unit of the townhouse, duplex, triplex or quad will
have the following:
(1)
Its own driveway. Parking will be determined at site plan approval
from Planning Board.
(2)
Separate heating systems.
(3)
Separate hot-water heaters.
(4)
Separate utilities and utility meters (water, gas and electric).
(5)
A separate sump pump if a stormwater drainage system is not provided.
(6)
If no garage is provided, a storage building, provided by the developer.
(7)
Appropriate landscaping/buffer.
D.
Conversions of single-family dwellings to two-family dwellings must
meet the criteria of duplexes. In cases where it is not feasible,
separate utilities will not be required, subject to approval by Code
Enforcement Officer.
[Amended 3-13-2006 by L.L. No. 1-2006]
[Added 3-13-2006 by L.L. No. 1-2006]
No owner of any duplex, triplex, quad, apartment house or other
multifamily building shall sell, transfer, grant or otherwise dispose
thereof, to another, unless a new certificate of occupancy has been
obtained from the Building Inspector.
A.
The Building
Inspector shall waive the requirement of a new certificate of occupancy
when title is transferred:
(1)
By
a deed in lieu of foreclosure or by a court-appointed referee;
(2)
By
a trustee in bankruptcy;
(3)
By
an assignment for benefit of creditors;
(4)
By
the Monroe County Sheriff, pursuant to a judicial sale;
(5)
As
a result of a tax foreclosure;
(6)
Between
husband and wife;
(7)
To
a person who had immediate previous legal ownership in whole or in
part, pursuant to the formation, reorganization, or dissolution of
a partnership, a corporation, or other form of joint ownership;
(8)
By
a corporation to its shareholders; or
(9)
By
a person who retains life use and/or interest in the property.
B.
A new
certificate of occupancy shall not be required under this section
when a property owner retains title to the property and records a
new mortgage due to refinancing of the property.
C.
The owner
requesting a certificate of occupancy shall give the Building Inspector
sufficient notice to allow the inspection of the property to take
place not less than 14 days nor more than 45 days prior to the transfer
of the property and shall pay the fee in accordance with the rates
set by the Town Board from time to time.
[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No.
1-1997; 3-12-2001 by L.L. No. 1-2001; 7-12-2010 by L.L. No. 1-2010; 3-11-2013 by L.L. No. 1-2013[1]]
A.
Procedure for obtaining special use permit. The owner or owners of a single-family dwelling located in zoning districts where a single apartment in a single-family dwelling is permitted with a special use permit may apply to the Planning Board for a special use permit for a single apartment within that dwelling. In addition to the requirements for the issuance of special use permits set forth in § 520-67B of this chapter, the Planning Board shall not issue a special use permit for a single apartment in a single-family dwelling unless it makes a determination that all of the following criteria are satisfied:
(1)
The
exterior of the dwelling in which the single apartment is proposed
appears as a single-family dwelling. For example, the dwelling must
have a single house number and no more than one garage (which may
be designed, however, for two or more cars), and there may be no external
staircase or double door.
(2)
The
owner of the premises must reside on-premises and be a primary occupant
of the dwelling.
(3)
All
utility services must be shared by the apartment occupant and owner-occupant
of the dwelling. There must be single electric, gas and water meters.
(4)
Interior
rooms must be available and accessible to both the apartment occupant
and owner-occupant of the main dwelling.
(5)
The
apartment must be designed and constructed so that the apartment can
be discontinued and the dwelling reverts to single-family use without
structural alteration.
(6)
Adequate
off-street parking is available for use by residents of the apartment
via the same driveway access for the single-family dwelling.
B.
Conditions and restrictions. Any special use permit issued by the Planning Board shall contain all the conditions set forth in Subsection A herein and the additional condition that the permit shall be revoked in the event any sign or advertisement is placed or posted on the premises announcing "space for rent," "apartment for rent" or any similar message.
C.
Special
provision regarding transferability and termination. A special use
permit for a single apartment in a single-family dwelling is not transferable
to subsequent owners of the single-family dwelling in which the apartment
is located. Upon sale and transfer of the single-family dwelling in
which the single-family apartment is located, the special use permit
granted for such apartment shall become null and void. The subsequent
owner may submit an application for a special use permit to the Planning
Board.
[1]
Editor's Note: This local law also provided: "Upon the effective
date of this local law, all special use permits for in-law apartments
which have heretofore been issued by the Planning Board shall be deemed
to be special use permits for single apartments in single-family dwellings.
The requirement for the owners of single-family dwellings in which
an in-law apartment is located to furnish annual applications stating
that the occupant of the apartment is a relative of the property owner
shall no longer be applicable."
[Amended 12-2-1991 by L.L. No. 6-1991; 9-20-1994 by L.L. No.
3-1994; 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No.
1-2001; 8-8-2005 by L.L. No. 3-2005; 8-13-2007 by L.L. No. 10-2007; 6-11-2012 by L.L. No. 6-2012; 6-11-2012 by L.L. No.
7-2012; 5-13-2013 by L.L. No. 3-2013; 2-25-2015 by L.L. No. 2-2015]
The keeping of animals and poultry shall be permitted within
the Town of Hamlin, subject to the following restrictions:
B.
Farm animals; required enclosures and fences.
(1)
Animals.
(a)
Type and amount allowed.
[1]
Hens and chickens. Ten chickens or hens are allowed on a lot of one
acre, and an additional 10 chickens or hens are allowed for each additional
acre. Notwithstanding the foregoing, no roosters are allowed on any
lot of less than five acres.
[2]
[3]
Domestic game birds on shooting preserves. On shooting preserves permitted by special use permit pursuant to the provisions of § 520-11A(3)(e) of this chapter, the number of domestic game birds permitted is not restricted by any restrictions on the amount of poultry allowed by this § 520-41.
(b)
No building in which farm animals or poultry are kept shall
be located within 50 feet of any lot line or within 150 feet of any
adjoining residence.
(c)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line. All such manure shall be stored, treated and/or removed in such a manner as not to create any odor or attract any rodents, flies or other insects. Storage and disposal of animal manure must meet all applicable standards of Article II of the Monroe County Sanitary Code addressing general sanitation.
(d)
No swine shall be kept within 500 feet of any adjoining residence
or 200 feet of any lot line.
(e)
No farm equipment and/or supplies shall be kept within 30 feet
of any lot line or within 100 feet of any adjoining residence unless
in an accessory building subject to applicable regulations.
(f)
Any roofless enclosure provided for such animals on the premises
shall be located the greater of 150 feet to the nearest dwelling unit
on an adjoining lot or 30 feet from any side or rear boundary line
and not less than 75 feet from any front boundary line. This provision
may be varied upon application to the Zoning Board of Appeals, provided
that it finds that other conditions which it shall impose shall be
sufficient to prevent adjoining or nearby premises from being adversely
affected.
(2)
Confinement
of farm animals.
(a)
"Farm animal," as used in this section, means any ungulate poultry,
species of cattle, sheep, swine, goats, llama, horses or fur-bearing
animals, as defined in § 11-1907 of the Environmental Conservation
Law, which are raised for commercial or subsistence purposes. Fur-bearing
animal shall not include dogs or cats.
(b)
Every person who shall own, keep or suffer to be kept any cattle,
swine, sheep, horses, goats or fowl upon any premises owned or occupied
by him shall provide and maintain in good repair fencing of sufficient
strength and height and so located as to prevent any animals from
straying off such premises owned or occupied by him onto lands owned
by another or onto any public highway.
(c)
No person who shall own, keep or suffer to be kept upon any premises
owned or occupied by him any cattle, swine, sheep, horses, goats or
fowl shall permit or allow any such animals to run at large or to
enter the premises of any other person or any public highway.
(d)
Any person harboring any such animal for a period of two weeks prior
to any violation of this section shall be deemed to be the owner of
such animal. Additionally, a tenant or lessee of property may not
own, keep or suffer to be kept upon such property any cattle, swine,
sheep, horses, goats or fowl without the written permission of the
owner of the premises.
(e)
Any premises or enclosure occupied or used for harboring or keeping
any cattle, swine, sheep, horses, goats or fowl shall be kept in a
clean, habitable condition at all times.
(f)
The presence of any cattle, swine, sheep, horses, goats or fowl on the premises of any other person without his permission or upon any public highway shall be prima facie evidence of a violation of this section. The Building Inspector of the Town of Hamlin shall enforce the provisions of this section. Any violation is subject to the penalties as set forth in § 520-72 of this Zoning Law.
[Amended 1-8-2018 by L.L.
No. 2-2018]
(3)
(4)
For lots greater than 10 acres or located in a county-legislature-approved
agricultural district or that have entered into an individual commitment
pursuant to Article 25AA of the New York State Agricultural and Markets
Law, all customary farm practices involving the keeping of farm animals
are permitted, provided that such practices are not injurious to the
public health and safety, do not violate the standards set forth in
the Monroe County Sanitary Code, and do not violate any specific requirements
of this section.
C.
Public stables are permitted in the R-VL District only and are subject
to the following regulations:
(1)
Special use permit approval from the Planning Board.
(2)
The minimum area and amount of animals for a business or private stable shall follow the farm animal allowance per Subsection C(1).
(3)
Details of operation. The details of operation for a stable shall
be subject to the review and approval of the Planning Board. Said
details shall include but shall not be limited to:
D.
Certain
animals prohibited. The keeping of any animal which may not be lawfully
owned by individuals pursuant to the laws of the State of New York
is prohibited in the Town of Hamlin.
Tennis courts and similar accessory recreational uses shall
be permitted in residential districts as determined by the Town Building
Inspector, provided that such uses are clearly incidental to the primary
residential or principal use on the property, and provided that such
uses are located at least four feet from any lot line and 10 feet
from any principal building and behind the main foundation line of
the principal building on the lot.
[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No.
1-1997; 8-8-2005 by L.L. No. 7-2005]
Ponds shall be permitted within R-VL Districts in the Town of
Hamlin, subject to proper care and maintenance by the property owner,
and subject to a nonrenewable accessory permit issued by the Planning
Board. The review body of the final application shall be responsible
for determining the proper size and location of the pond, requirements
for slope, and the necessity of fencing or warning signage, given
the specific lot and the character of the surrounding residential
areas. To protect the safety and the property rights of adjacent landowners,
ponds will have a minimum setback of 40 feet from any property line
to the edge of the pond. Ponds for the control of runoff are allowable
in any zoning district as part of a Planning Board approved site plan.
A.
The purposes of these provisions are to:
(1)
Provide reasonable requirements for off-street parking in order to
expedite moving traffic, lessen street congestion, improve traffic
and pedestrian safety, and to provide for the public health, safety
and general welfare.
(2)
Require that off-street parking be provided for new uses and for
buildings or uses enlarged or constructed after the effective date
of this chapter.
(3)
Promote the safety and convenience of both pedestrians and motorists.
(4)
Improve the appearance of the Town.
B.
Off-street loading requirements.
(1)
Every hospital, institution, hotel or commercial or industrial building
hereafter erected or established having a gross floor area of 5,000
square feet or more shall provide and maintain at least one off-street
loading space. Requirement of additional off-street loading spaces
shall be determined by the Planning Board during the site plan review
of each application. Each loading space shall not be less than 14
feet in width, 60 feet in length and 15 feet in height. These requirements
apply to each separate occupancy and are exclusive of driveways, aisles
and other necessary circulation areas.
(2)
There shall be one auxiliary truck waiting space for each two dock
spaces. This requirement shall be exclusive of driveways, aisles and
other necessary circulation areas.
C.
Off-street parking requirements. Off-street parking spaces shall
be provided and maintained as set forth in this section for all uses
in all zoning districts. Such off-street parking spaces shall be provided
at such time as:
(1)
A new building is erected or an existing building is enlarged.
(2)
A building existing on the effective date of this chapter is enlarged to the extent that the building's capacity is increased by more than 25% in floor area in terms of the units used in Subsection D, Required parking spaces, of this section.
(3)
The use is changed to another use with greater parking requirements,
provided that if the enlargement of a building existing at the time
hereof is less than 25%, parking space shall be provided in proportion
to the increase only. Any use requiring 1/2 or more of a parking space
shall be deemed to require the full space.
D.
Required parking spaces.
(1)
Off-street parking spaces shall be provided as follows:
(b)
(c)
Institutions.
[1]
Nursing care home: one per three beds for patients, residents
or inmates, plus one per each employee and each staff doctor on the
largest work shift.
[2]
Hospital: two per three beds, plus one per staff doctor and
each other employee on the largest work shift.
[3]
Medical and dental clinic: one for every 200 square feet of
floor area.
(d)
Places of public assembly.
[1]
Church: one per four seats or eight feet of bench length in
the main auditorium.
[2]
Swimming pool: one for each 50 square feet of pool area.
[3]
Library, reading room, community center or club: one per 300
square feet of floor area.
[4]
Preschool nursery: two per teacher.
[5]
Private college, commercial or trade school: one per three seats
in classrooms (schools for adults).
[6]
Other auditorium or meeting: one per four seats or eight feet
of bench length.
(e)
Business amusements.
[1]
Auditorium, arena or theater: one per four seats or eight feet
of bench length.
[2]
Bowling alley: five per lane.
[3]
Skating rink: one per 300 square feet of gross floor area.
[4]
Marinas/boat-launching ramps: [Note: dimensions for single space
are nine feet by 20 feet; dimensions for trailer space are nine feet
by 40 feet; access lanes shall be standard width.]
[5]
Interpretive centers and kiosks: five per building.
[6]
Fish cleaning stations: five per station.
[8]
Boat rentals: one per boat available for rent.
(f)
Business.
[1]
Retail use, 1,500 square feet gross floor area or less: one
per 200 square feet of gross floor area.
[2]
Service station: one for each two gas pumps and three for each
service bay.
[3]
Supermarket, grocery store or convenience store: one per 75
square feet of gross floor area but not fewer than three.
[4]
Service or repair shop; retail store and outlet selling furniture,
automobiles or other bulky merchandise, where the operator can show
that bulky merchandise occupies the major area of the building: one
per 400 square feet gross floor area, plus one per employee on the
largest shift.
[5]
Nursery: one per 200 square feet of gross floor area of inside
sales or display, plus one per employee on the largest shift.
[6]
Office: one per 200 square feet of floor area, plus one per
two employees.
[7]
Bank: one per 200 square feet of floor area, plus one per two
employees plus five stacking spaces per drive-in teller bay and two
exiting, provided that it does not interfere with other required off-street
parking.
[8]
Restaurant (standard): one for each four persons of maximum
capacity or one per table, plus one per employee on the largest shift.
[9]
Fast-food restaurant: one per 50 square feet of gross floor
area, plus one per employee on the largest shift.
[10]
Taverns or nightclubs: one per 50 square feet
of gross floor area, plus one per employee on the largest shift.
[11]
Mortuary, funeral home: at least 30 for two parlors,
with 10 additional for each parlor over two.
[12]
Shopping centers: four per 1,000 square feet of
gross leasable area (GLA) for centers having a gross leasable area
of 25,000 to 400,000 square feet or 4.5 per 1,000 square feet of gross
leasable area for centers having greater than 400,000 square feet.
(g)
Industrial.
[1]
Miniwarehouse: one per 20 storage cubicles.
[2]
Warehouse: one per 4,000 square feet of gross floor area, plus
one per employee on the largest shift.
[3]
Industrial uses: one per employee on the largest shift, plus
one per company vehicle regularly stored on the premises.
[4]
Wholesale establishment: one per employee, plus one per 700
square feet of patron serving area.
(2)
Other uses not specifically listed or provided for in the above regulations
shall furnish parking as required by the Planning Board. The Planning
Board shall use the above list as a guide for determining requirements
for said other uses.
(3)
The off-street parking requirements of two or more uses, structures
or parcels of land may be satisfied by the same parking or loading
space, used jointly, provided that the total parking spaces in such
group facilities shall not be less than the sum of the requirements
for the various uses computed separately. If the uses, structures
or parcels are under separate ownership, the right to joint use of
the parking space must be evidenced by the deed, lease, contract or
other appropriate written document to establish the joint use.
(4)
The design of all parking areas and/or lots shall be such as to demonstrate
a safe and efficient means of movement for both vehicles and pedestrians.
E.
Location of parking facilities.
(1)
Off-street parking spaces for dwellings shall be located on the same
lot with the dwelling. Other required parking spaces shall be located
on the same parcel or on another parcel, provided that the furthest
parking space is not farther than 200 feet from a residential unit
or 400 feet from the commercial building or use it is intended to
serve, measured in a straight line from the building. The burden of
proving the existence of such off-premises parking arrangements rests
upon the person who has the responsibility of providing parking.
(2)
No off-street parking or automobile storage space shall be used or
designed in such a manner that will obstruct or interfere with the
free use of any street, alley, adjoining property loading space, access
route or easements.
(3)
Provision for such parking spaces is to be included with the preliminary
plans for the construction of buildings and other structures. No building
or other permit shall be issued until the required site plans are
approved by the Building Inspector and/or Planning Board to show how
the off-street parking and loading requirements are to be fulfilled.
F.
Use of parking facilities.
(1)
Required parking spaces shall be designated as such and made exclusively
available for the parking of operable passenger automobiles of residents,
customers, patrons and employees only and shall not be used for the
storage of vehicles or materials or for the parking of trucks used
in conducting the business or use. Storage areas for vehicles or materials
or the parking of trucks used in conducting the business should be
specially designated and provided as needed.
(2)
Automotive vehicles of any kind or type without a current New York
State inspection permit and a license plate, or a temporary automobile
dealer license plate or other valid state license, shall not be parked
or stored in any district other than within a completely enclosed
building.
(3)
No vehicle shall be driven or propelled within a parking area as
defined herein in excess of 15 miles per hour. The owner of the property
shall be responsible for the erection of all speed and traffic control
signs.
(4)
Vehicle parking or storage space maintained in connection with an
existing and continuing principal building, structure or land use
on the effective date of this chapter shall not be counted as serving
a new building, structure, addition or use.
G.
Development and maintenance standards. Every parcel of land hereafter
used as a public or private parking area, including commercial parking
lots, shall be developed as follows:
(1)
A parking space shall have minimum rectangular dimensions of not
less than nine feet in width and 20 feet in length for ninety-degree
parking or shall have minimum rectangular dimensions of not less than
8 1/2 feet in width and 18 feet in length for less than ninety-degree
or angled parking. All dimensions shall be exclusive of driveways,
aisles and other circulation areas.
(2)
Any parking area which is intended to be used during non-daylight
hours shall be properly illuminated to avoid accidents. Any lights
used to illuminate a parking lot shall be so arranged as to reflect
the light away from all adjoining properties.
(3)
Fire lanes shall be established and maintained in the parking area
at the front, side and rear of all buildings and structures on subject
premises and properly painted and marked as such. Vehicular parking
and standing is prohibited in a fire lane, except that a commercial
enterprise may use the fire lane adjacent to it as a pickup station
for its customer's use, provided that such activity does not
cause a traffic hazard and the Building Inspector or Fire Marshal
grants approval for such use of the fire lanes.
(4)
Traffic lanes for the control and regulation of automobile, truck,
bicycle or other vehicle and pedestrian flow in the parking area shall
be established and maintained and properly delineated through the
use of pavement markings, signs or median strips.
(5)
Parking lines for parking spaces shall be established and maintained
in the parking area and shall be properly painted and marked as such.
(6)
Parking spaces in the parking area shall be set aside and designated
for handicapped persons and ramp facilities provided where required.
Each handicapped parking space shall have a minimum accessible space
created by an area 13 feet in width and 20 feet in length in a ninety-degree
parking configuration.
(7)
The required number of parking and loading spaces, as set forth in
this section, together with driveways, aisles, and other circulation
areas, shall be paved with acceptable impervious material, to provide
a durable and dust-free surface.
(8)
All parking and loading areas shall provide for proper drainage of
surface water to prevent the drainage of such water onto adjacent
properties or walkways. All water drainage systems used in connection
with subject premises must be kept clean and in proper working order.
(9)
The owner and/or lessee of the property used for parking and/or loading
shall maintain such area in good condition without holes and free
from dust, trash and other debris.
(10)
All parking areas shall be provided with additional peripheral
areas adequate for snow storage.
A.
General regulations. Buffer areas shall be provided as set forth
below:
(1)
A buffer area of at least 25 feet in width shall be provided along
the boundary line between any residential district and a C-NB District.
(2)
A buffer area of at least 50 feet in width shall be provided along
the boundary of any residential or C-NB District and a C-GB or I District.
(3)
Such areas shall contain screen plantings of grass, trees, hedges,
shrubs, etc., and may include earth berms of proper design to provide
a visual and sound buffer between the different districts.
(4)
The buffer areas shall be inclusive of any building setback requirements
that may be stated in this chapter.
(5)
Where one district is developed along its boundary and the other
is not, the provision of the buffer area will be the responsibility
of the latter property owner, lessee, etc., when the property is developed.
(6)
Where properties abutting each other in adjacent districts are both
undeveloped, the provision of the buffer shall be a mutual undertaking
by both owners. Each property owner shall provide the required buffer
when a property is developed with such buffer area development completed
no later than the start of development on the adjacent property.
(7)
Where district boundaries follow the center line of roads and/or
rail lines, the distance from the zoning district boundary line to
the subject property line shall be subtracted from the buffer area
requirement. Where this would result in the elimination of a buffer
requirement, there shall be at least a ten-foot planting strip on
the subject property to act as a screen, provided in accordance with
the requirements for buffers. Where districts are separated by or
are designated as bounding each other on opposite sides of an expressway,
no buffer area need be required.
B.
Screening for off-street parking. All off-street parking areas for
more than five vehicles shall be effectively screened on each side
which adjoins or faces residential property. Such screening may be
accomplished by deciduous and/or evergreen plantings, initially not
less than three feet in height on a reserved buffer strip, or a solid
fence, landscaped earth berm or unpierced masonry wall not less than
three feet in height. All plantings, fences or walls so used shall
be properly maintained by the owner or owners of the screened parking
lot.
C.
Topsoil.
[Added 3-4-1992 by L.L. No. 2-1992[1]]
A.
Nonconforming uses.
(1)
Unless otherwise provided for elsewhere in this chapter, any use
of land or structure, which use was lawful at the time of adoption
or amendment of this chapter, may be continued; provided, however,
that such use shall have continued in operation, does not constitute
a nuisance, and shall not be enlarged, altered or changed in area,
activity or content during its continuance, except as provided otherwise
by proper authority.[1]
(2)
Any nonconforming use which has ceased continued use for a period
of 12 months or more shall be considered to have been terminated and
may not thereafter commence operation as before. Such use may only
be reestablished in conformity with this chapter.
(3)
Any use which was in violation of any previous zoning ordinances
of the Town of Hamlin shall not be regarded as nonconforming under
this chapter.
B.
Nonconforming structures.
(1)
The use or occupancy of a nonconforming structure, which was a lawful
structure at the time of adoption or amendment of this chapter, may
be continued; provided, however, that no enlargement, change or alteration
shall be permitted upon such nonconforming structure, except upon
a finding by the Building Inspector that such enlargement, change
or alteration will produce greater compliance with this chapter and
that the use within such structure is in conformity with the requirements
of this chapter, and further provided that no enlargement, change
or alteration of a nonconforming structure housing a nonconforming
use shall be permitted, except upon a finding by the Zoning Board
of Appeals that such enlargement, change or alteration will permit
greater compliance with the provisions of this or other appropriate
regulations, and is installed or instituted to minimize the detrimental
effects of the nonconforming use upon adjoining conforming uses.[2]
(2)
Any nonconforming structure which has ceased continued use for a
period of 12 months or more shall be considered to have been terminated
and may not thereafter be used as before, but shall only be used in
conformity with this chapter.
(3)
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure, or part thereof,
declared to be unsafe by an authorized Town official and which strengthening
or restoration is ordered by said official.
C.
Nonconforming lot size, open space, height or building size regulations.
(1)
Any building, other structure or use of land which is made nonconforming
by any lot size, open space, height or building size requirements
of this chapter, or by any subsequent amendments thereto, may be continued
except as hereinafter provided.
(2)
Such nonconforming building, other structure or use of land, when
enlarged or extended, shall comply with the regulations of this chapter
and shall be located within a district which permits said use.
D.
Reconstruction of structures. No building damaged by fire or by an
act of God to the extent of more than 50% of its true value shall
be repaired or rebuilt, except in conformity with the regulations
of this chapter. Nothing in this chapter shall prevent the replacement
of any structural member to ensure the safety of a building. Whenever
a nonconforming use has been discontinued for a period of one year,
such use shall not thereafter be reestablished, and any future use
shall be in conformity with the provisions of this chapter. No nonconforming
use shall be extended to displace a conforming use.
E.
Maintenance. Nothing in this chapter shall prevent the renovation
or repair of nonstructural members or the maintenance of a nonconforming
structure made necessary by deterioration.
F.
Applicability to nonconforming structures under construction. Structures
now under construction or designated nonconforming uses may be completed
according to present plans, within the period of one year after this
chapter takes effect, for the designated use only.
All persons holding special use permits which were lawful prior
to the effective date of this chapter shall, unless notified otherwise
by the Town, upon date of expiration, make application to the Town
in accordance with one of the following procedures:
A.
Any such
specially permitted use which meets the terms and conditions of this
chapter shall be considered as a permitted use and require no further
action.
B.
Any such
specially permitted use which meets the definition of professional
offices or home occupations shall apply to the Planning Board for
a professional office/home occupation permit.
C.
Any such
specially permitted uses which are specially permitted uses under
the terms and conditions of this chapter shall apply to the Planning
Board for a special use permit.
D.
Any other
such specially permitted use lawful at the time of the effective date
of this chapter may be continued; provided, however, that such use
being continued in operation does not constitute a nuisance, and such
use shall not be enlarged, altered or changed in area, activity or
content during its continuance. Any such preexisting specially permitted
use shall apply to the Planning Board for an extension annually, and
approval will be conditioned upon:
Dumpsters shall be permitted in any commercial or industrial
district, in any apartment or multifamily housing project, on residentially
zoned lots containing institutional uses and on farms located in a
county-legislature-approved agricultural district or that have entered
into an individual commitment pursuant to Article 25AA of the New
York State Agriculture and Markets Law, provided that they are located
behind the rear foundation line of the principal building on the lot,
at least four feet from any property line, at least 10 feet from any
principal building, and are effectively screened from public view
on at least three sides with a fence or hedge. The location of the
dumpster shall be such that it does not interfere with traffic or
pedestrian movement on the property.
[Amended 9-20-1994 by L.L. No. 3-1994]
The provisions of the General Business Law applicable to aircraft,
flying and operation of airports, as well as any applicable federal
aviation rules, regulations or requirements, shall be included as
a condition of site plan approval for the construction and/or operation
of an airport within the R-VL District.
A.
Special use permit. The Planning Board may issue a special use permit
for the operation of a gasoline station in any C-NB or C-GB or I District.
No gasoline station shall be operated in the Town without the required
permit. Prior to the first issuance (as distinct from a renewal of
a permit under this section), the Planning Board may require and the
Planning Board shall find at the public hearing that:
(1)
The proposed structures are located in consistency with the regulations
of the C-NB, C-GB or I District in which they are to be located and
that the design and type of the proposed structure is in harmony with
other structures in such neighborhood.
(2)
The proposed use will not create a traffic hazard at the proposed
location. To this end, a minimum frontage of 200 feet will be required
on any road used for access to the station.
(3)
The applicant has, in writing, agreed to construct and operate such
proposed station in strict accordance with such conditions and restrictions
as may be imposed by the Planning Board.
(4)
All parking and outside storage shall comply with the front, side
and rear lot setback requirements.
B.
General regulations.
(1)
Gasoline stations shall be operated and maintained at all times in
conformity with the requirements of this section, the New York State
Department of Environmental Conservation, National Fire Protection
Association Code No. 30, State Fire Protection Codes and all other
applicable New York regulations.
(2)
All vehicles at motor vehicle supply station facilities shall be
stored within a building when the facilities are not open for business.
However, no more than five licensed vehicles at motor vehicle supply
stations for minor repairs may be left outside for a period not to
exceed 72 hours. At no time shall any unlicensed or dismantled automobiles,
trucks, tractors, trailers or accessories thereof be outside of a
building. At no time shall any vehicles for sale be displayed inside
or outside of a building.
(3)
There shall be no outside storage or display of accessories when
gasoline station facilities are not open for business.
(4)
Rubbish, oil cans, tires, discarded motor vehicle parts and components
and other waste materials may be temporarily stored in a completely
fenced opaque enclosure adjacent to the gasoline station facility
building. The area of such enclosures shall not exceed 200 square
feet. There shall be no storage at any time of any of the above-mentioned
items outside of such enclosure.
(5)
No repair work may be performed out of doors. This does not preclude,
however, adding oil to motor vehicles, changing windshield wipers
or other similar simple repairs normally performed in conjunction
with the sale of gasoline.
(6)
During the hours that a gasoline station facility is open, all cars
of employees, customers and tow trucks must be parked only in areas
designated on the site plan for such vehicles.
(7)
All landscaped areas designated on the gasoline station facility
site plan and/or landscaping plan must be maintained in a neat and
healthy condition.
(8)
Liquids shall be stored in approved closed containers not exceeding
60 gallons' capacity or in tanks located in the ground.
(9)
Vents from underground tanks shall terminate at least 12 feet above
grade and shall be carried around and above any nearby building overhang
or other obstruction. They shall be in operating condition at all
times.
(10)
Tanks, pumps and piping shall in general be designed and equipped
so as to comply with all principles of sound engineering design. They
shall be able to withstand all necessary pressures and to adequately
control the escape of liquids and vapors. All equipment on premises
shall be constructed and equipped so as to ensure the safe and proper
dispensation of Class I liquids as defined in the National Fire Protection
Association Code No. 30, Flammable and Combustible Liquids Code, and
shall comply with necessary guidelines as expressed in that code.
(11)
No gasoline pump shall be located closer than 25 feet to any
property line.
(12)
The premises are to be maintained in a neat and clean condition
without the accumulation of used materials, automobile parts, dismantled
cars or cars left by their owners over a considerable period of time.
Used rags are to be kept in covered metal containers. Grease and other
filters and/or traps shall be approved as required by the Superintendent
of Sewers and the Monroe County Health Department for the purpose
of protection of the public sewer system and public bodies of water.
(13)
Each gasoline station open to the public shall at all times
it is operating have a qualified attendant or supervisor on duty.
It shall be the specific duty of the attendant to directly supervise,
observe and control the dispensing of all flammable liquids. In addition,
the attendant shall be responsible for the control of sources of ignition
and the immediate handling of accidental spills and fire extinguishers.
(14)
Gasoline stations shall be located so as to not interfere with
pedestrian circulation patterns in the immediate facility and shall
not increase traffic hazards and congestion through turning movements
or other means.
(15)
Outdoor lighting shall not cause glare or nuisance to adjoining
uses.
C.
Self-service gasoline stations.
(1)
All such operations shall comply with the National Fire Protection
Association Code and those requirements of the Fire Marshal.
(2)
Each gasoline self-service station shall have the remote dispensing
equipment situated in such a manner so as to give the qualified attendant
controlling said equipment an optimum view of the dispensing of Class
I liquids.
(3)
Class I liquids may be dispensed only by customers possessing a valid
motor vehicle operator's license.
(4)
Instructions for the operation of pumps, hoses and dispensers shall
be conspicuously posted.
(5)
Each gasoline self-service station shall have a qualified attendant
on duty whenever the station is open for business. It shall be the
responsibility of the qualified attendant to control and operate remote
pumping equipment. Class I liquids shall at no time be dispensed without
the direct supervision of the qualified attendant.
[Amended 8-8-2005 by L.L. No. 6-2005]
A.
Storage of junk. The outdoor storage of junk, as junk is defined in § 520-9B of this chapter, is not permitted in the Town of Hamlin.
B.
Dumping
of junk, refuse and other materials. Dumping of junk, refuse and other
materials, except for clean fill specifically permitted herein, is
prohibited in the Town of Hamlin.
C.
Clean
fill. Nontoxic inorganic fill material, approved by the Town Building
Inspector, may be used for the purpose of filling in to establish
new grades, provided that a permit has been issued by the Planning
Board. Said permit shall require the immediate leveling of all material
deposited, and when fill is completed, it must be immediately covered
with at least four inches of clean earth. The permit shall be subject
to such other requirements as may be specified by the Planning Board.
A.
There shall be a clear vision zone at all corners of intersecting
roads, or road junctions, consisting of a triangular area defined
by the point of intersection of the right-of-way lines and the two
points extended along such lines for a distance of 20 feet from any
intersection. There shall be no buildings, fencing, signs, trees or
temporary structures erected or placed within the clear vision zone.
B.
No obstruction to view in excess of four feet in height, measured
perpendicularly from the street grade, shall be maintained on the
premises in the angle formed by the intersecting street and the main
structure thereon so as to interfere with the view of traffic approaching
the intersection from 20 feet to 75 feet, measured along the center
line of each street from the intersection of such center line.
[Amended 2-10-1997 by L.L. No. 1-1997]
A.
Authorization.
(1)
Temporary uses or structures not otherwise permitted by code provisions
may be permitted subject to the following restrictions:
(a)
The need for the temporary use or structure has arisen from
circumstances constituting a substantial hardship, including but not
limited to a natural disaster, fire or governmental action, or construction
or development of a permanent structure to replace the temporary use.
(b)
The structure will not violate any applicable yard setbacks.
(c)
Any temporary use permitted must be capable of being removed
within 15 days' notice if the zoning compliance certificate therefor
is revoked.
(d)
The temporary use shall not be granted for more than one year,
except that an additional one-year period may be granted for good
cause shown.
(e)
A cash bond or letter of credit of not less than $100 nor more
than $2,500 shall be given to the Town to guarantee termination of
the temporary use.
(2)
The Planning Board may approve an application with such conditions,
modifications and restrictions as the Planning Board finds necessary
to make the temporary use more compatible with the surrounding neighborhood
and to carry out the objectives of specific plans, this chapter, Town
of Hamlin Development Regulations, and other official policies of
the Town of Hamlin.[1]
B.
Additional regulations. A carnival or circus, religious tent meeting,
horse show, concert or other events of public interest shall be subject
to a permit issued by the Town Building Department. This permit will
describe the following, and other conditions deemed necessary by the
Building Inspector:
(2)
No permanent or temporary lighting shall be installed without an
electrical permit and inspection.
(3)
All uses shall be confined to the dates specified in the permit.
(4)
Hours of operation shall be confined to those specified in the permit.
(5)
The site shall be cleared of all debris at the end of the special
event and cleared of all temporary structures within 30 days after
the closing event. A cash bond for a minimum of $100 and not to exceed
$100,000 shall be posted or a signed contract with a disposal firm
shall be required as a part of the application for a permit to insure
that the premises will be cleared of all debris during and after the
event.[3]
(6)
Public parking for the exclusive use of the facility shall be provided,
and a stabilized drive to the parking area shall be maintained. It
shall be the responsibility of the applicant to guide traffic to these
areas and to prevent patrons from parking unlawfully.
(7)
Traffic control arrangements, required by the Town Building Inspector
in the vicinity of major intersections, shall be arranged by the applicant.
(8)
A cash bond for a minimum of $100 and not to exceed $100,000 shall
be posted with the Town to insure the repair of any damage resulting
to any public right-of-way as a result of the event.
All aboveground and underground tanks permitted as herein provided
shall be constructed, installed and maintained in conformance with
the requirements of the New York State Uniform Fire Prevention and
Building Code and all other applicable state and federal regulations.
A building permit must be obtained from the Town Building Inspector
prior to the placement or replacement of any storage tank. All aboveground
tanks should be properly screened from view of adjacent properties.
A.
Permit.
(1)
Permits required.
(a)
All piers, docks and wharves on Sandy Creek shall require a
dock permit and shall comply with the provisions of this section.
(b)
In addition, all piers, docks and wharves on Sandy Creek that
are clearly accessory or incidental to a single-family residence shall
be subject to a special use permit issued by the Planning Board. Such
special use permit applications may be reviewed by the Hamlin Conservation
Board and/or the Monroe County Planning Board upon the request of
the Planning Board.
B.
General standards. The following requirements shall apply to all
such structures in the Town of Hamlin:
(1)
All docks and piers shall be constructed of sturdy, durable and stable
materials capable of maintaining position and location, supporting
pedestrian traffic and resisting lateral loads resulting from wind,
wave and impact forces. Docks and piers shall be constructed, where
possible, to permit the free circulation of water, reduce the effects
of fluctuating water levels and prevent adverse modification of the
shoreline.
(2)
Docks and piers shall at all times be maintained in accordance with
the provisions of this section and in a sturdy, durable condition
in conformity with standards.
(3)
The length of piers, docks or wharves that are clearly accessory
and incidental to a single-family residence will be 16 feet. Piers,
docks or wharves that are not accessory to a single-family residence
may be greater than 16 feet as stipulated by the Planning Board, subject
to the following additional standards:
(4)
The width of piers, docks or wharves that are accessory to a single-family
residence shall be at least 2.5 feet but no greater than four feet.
The width of piers, docks and wharves that are not accessory to single-family
development may be greater than four feet as stipulated by the Planning
Board, subject to the following additional standards:
(5)
All docks, piers and wharves shall provide a safe pedestrian surface
at all times parallel to the water surface, except for gangways onto
such docks or piers from the shoreline or extensions thereof, which
gangways shall have a nonskid surface.
(6)
All docks, piers and wharves shall have a minimum clearance of 10
feet from adjacent parcel lines.
(7)
In the case of parcels on a concave or convex shoreline, docks and
piers shall be located in the area fixed by projection of the parcel
lines along the line bisecting the angle formed by the shoreline at
its intersection with the parcel lines. Where such projections do
not allow access to the line of navigability (that line marking the
minimum depth for navigation), the converging lines shall instead
run to the line of navigability. The line of navigability shall be
divided among the littoral parcels in proportion to their respective
shares of the shoreline and permit all shoreline parcels practicable
access to the navigable water.
(8)
The berthing of a boat, yacht or watercraft from any dock or pier
shall be within the area allowed for location of such dock or pier.
(9)
All docks and piers shall have adequate lighting to prevent collision
at night.
(10)
In the case of shore parcels bounding a substantially straight
shoreline, docks and piers shall be located in the area fixed by projection
of parcel lines at right angles from the shoreline.
(11)
There shall be no more than one dock or pier for each residentially
zoned littoral parcel with less than 75 feet of shoreline. One additional
dock or pier is allowed for each additional 75 feet of shoreline.
(12)
All docks, wharves and piers shall conform to the maximum extent
practicable with the policies of the Town of Hamlin's Local Waterfront
Revitalization Plan.
(13)
There shall be no permanent structure located above the decks
of piers, docks or wharves.
C.
Applicability. This section shall apply to all docks, piers, structures
or moorings now or hereafter existing in the waters bounding the Sandy
Creek shoreline, except as follows:
(1)
Legally constructed docks, piers and structures permanently located in such waters prior to the adoption of this chapter shall be exempt from the provisions of this section. Docks, piers and structures that are replaced or reinstalled on an annual basis shall not be deemed permanent. All alterations, modifications, extensions or replacements of such permanent docks, piers and structures shall hereafter conform in all respects to the provisions of this section. No dock, pier or structure shall be deemed exempt until a permit certifying such exemption is issued by the Building Inspector. Application for such permit shall be made in accordance with provisions set forth in Subsection A(2) of this section.
(2)
Nonpermanent docks, piers and structures located in such waters on
the date of adoption of this chapter, or which were in use during
a one-year period prior to said date, shall comply with the provisions
of this chapter not later than one year after the date of adoption.
D.
Violations and penalties.
(1)
Violations. Any person, firm, corporation or other entity who or
which owns, places, locates, constructs or maintains any dock, pier
or structure in violation of this section, or any other person who
knowingly commits, takes part or assists in such acts, shall be guilty
of a violation of this section. The Building Inspector, New York State
Police, Monroe County Sheriff, Coast Guard or New York State Park
Police are empowered to commence criminal action pursuant to this
section. Docks, piers or structures installed in violation of this
section must be removed immediately at the expense of the property
owner. If not removed, the Town may remove the offending structure
and assess such removal costs against the property owner.
(2)
Penalties. Any violation of any provision of this section shall be
deemed a violation and any person found guilty thereof shall be liable
to a fine which shall not exceed $150 or to imprisonment not to exceed
15 days, or to both such fine and imprisonment, and each day's
failure to comply with such provision shall constitute a separate
violation. The Town of Hamlin is vested with jurisdiction to hear
and determine actions brought pursuant to violations of this section.
E.
Maintenance of action by the Town. The Town may maintain an action
or proceeding in a court of competent jurisdiction to compel compliance
with, or to restrain by injunction the violation of, any provision
of this section.
A.
The Town Planning Board finds that the use of structural over nonstructural
means of erosion control is consistent with the policies of the Town
of Hamlin Local Waterfront Revitalization Program and the requirements
of the New York State Coastal Erosion Hazard Areas Act.[1]
[1]
Editor's Note: See Art. 34 of the Environmental Conservation
Law.
B.
The design of the flood and erosion control structures shall minimize
the potential adverse impacts to adjacent properties and to the Lake
Ontario shoreline and to lake water quality.
C.
The use of flood and erosion protection structures shall not interfere
with the functioning of any wetland.
[Added 6-12-2006 by L.L. No. 6-2006]
A.
No MET tower shall be installed or constructed until a special permit
has been issued by the Planning Board and a building permit issued
by the Building Inspector.[1]
B.
All applications for special use permits for MET towers shall contain:
(1)
Site plan setting forth the exact location of the proposed tower
with setback distances to all boundary lines of the lot on which the
tower is proposed and to all buildings within 300 feet of the base
of the proposed tower.
(2)
Certification bearing the signature and seal of a professional engineer
licensed in New York State that the site is adequate to assure the
stability of the proposed structure and that the structure is designed
and will be constructed to meet all local, state and federal structural
requirements for loads, including wind and ice loads.
(3)
An environmental assessment analysis and a visual addendum. The Planning
Board may require submission of further documentation regarding environmental
factors. The visual impact assessment shall include:
(a)
A zone of visibility map which shall be provided in order to
determine locations from which the tower may be seen.
(b)
Pictorial representations of before and after views from key
viewpoints both inside and outside of the Town as may be appropriate,
including but not limited to state highways and other major roads;
state and local parks; other public lands; historic districts; preserves
and historic sites normally open to the public; and from any other
location where the site is visible to a large number of visitors,
travelers, or residents. Guidance will be provided concerning the
appropriate key sites at a preapplication meeting.
(4)
Analysis of the proposed cost to remove the tower.
(5)
A bond or letter of credit in an amount established by the Planning
Board after consultation with the Town Engineer to ensure removal
of the tower after the expiration of the term of the permit.
(6)
A detailed statement as to the meteorological data sought, the proposed
purpose for such data, and a statement as to the maximum period the
applicant requests the tower to remain in place.
(7)
Construction plans must indicate that the climbing apparatus, if
any, of any MET tower shall be located at least 15 feet above ground
level.
(8)
Payment of the fee established by the Town Board for MET towers.
D.
General requirements for all special use permits for MET towers.
(1)
MET towers are permitted only in the R-VL (Residential/Very Low Density)
Zoning District.
(2)
No MET tower shall exceed 199 feet in height.
(3)
The permit shall state its effective date and the termination date
by which time the tower must be removed. In no event, however, shall
the term of any permit be for more than four years from its effective
date.
(4)
The minimum setback for a MET tower from any boundary line or structure
shall be the height of the tower plus 20 feet.
(5)
Prior to the issuance of a building permit, the applicant shall submit
to the Building Inspector proof of a liability insurance policy issued
by a company licensed to do business in the State of New York that
at least $1,000,000 of liability insurance has been obtained to cover
damage which might result from failure to the tower.
