This chapter shall be known and cited as the "2017 Village of
Hamilton Zoning Law."
In accordance with the provisions of §§ 4-412,
7-700, 7-702 and 7-704 of the Village Law, this chapter is enacted
to guide and regulate the use of land and buildings and the location
and configuration of buildings and structures for the following purposes:
A.
To encourage the most appropriate use of land.
B.
To afford safety from fire, panic and other dangers.
C.
To provide adequate light and air.
D.
To establish requisite public utilities and facilities.
E.
To develop suitable vehicular and pedestrian traffic circulation.
F.
To prevent overcrowding and undue concentration of population.
G.
To conserve the value of buildings and properties.
H.
To protect and enhance the character of the Village.
A.
The provisions of this chapter shall be held to be the minimum requirements
for the public health, safety and general welfare.
B.
When this chapter imposes a greater restriction on the use of buildings
or land or on building heights or requires larger open spaces or makes
any other greater restriction than is required by any other law, ordinance,
rule or regulation or by easements, covenants or agreements, the provisions
of this chapter shall govern.
C.
These regulations apply throughout the Village and govern the development
and use of all properties within the Village.
D.
The provisions of this chapter, as they apply to agricultural operations
meeting the definition of "sound agricultural practices" as defined
in Article 25-AA of the Agriculture and Markets Law, if conducted
upon premises located within a New York State certified agricultural
district, shall be deemed qualified by, and subject to the provisions
of said Article 25-AA. There shall be no restriction or regulation
of farm structures or farming practices in a New York State certified
agricultural district unless such absence of restriction bears a direct
relationship to public health or safety.
E.
Except as hereinafter provided:
(1)
No work may begin on the construction, reconstruction, structural
alteration, or relocation of a building, structure or facility, nor
shall any surface modification, excavation or site work subject to
this chapter begin, until a building permit confirming compliance
with these regulations is issued by the Code Enforcement Officer.
Required permit(s) and approval(s) must be obtained prior to commencement
of any development activity regulated by this chapter. Failure to
do so is a violation of this chapter and is subject to penalties as
defined herein.
(2)
No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered, unless
in conformity with all of the regulations and provisions of this chapter.
(3)
No building or structure shall hereafter be erected or altered to
exceed the height; to accommodate or house a greater number of dwelling
units; to occupy a greater percentage of lot area; or to have narrower
or smaller rear yards, front yards, side yards or other open spaces
than is herein specified for the district in which it is located or
in the regulations applicable to all districts.
(4)
No newly constructed building or facility, nor any altered building
or facility, may be occupied, nor may any change in occupancy type
be commenced except in compliance with the requirements of this chapter
and upon the issuance of a certificate of occupancy by the Code Enforcement
Officer.
(5)
No part of a yard or open space required about any building or structure
for the purpose of complying with this chapter shall be included as
part of a yard or open space similarly required for another building
or structure.
(6)
Required yards shall be open from their lowest part to the sky, unobstructed,
except for the ordinary projections of sills, cornices, pilasters,
chimneys, and eaves, provided that no such projection extends more
than two feet into any required yard.
(7)
Permitted uses are those specifically listed as permitted uses in
each district. Unnamed uses and all uses not specifically permitted
in a district by right or permitted upon site plan approval and/or
issuance of a special use permit or upon compliance with special conditions
shall be deemed prohibited.
(8)
Upon the effective date of this chapter, the existing Zoning Law
of the Village of Hamilton, and the Village of Hamilton Zoning Map,
as amended, are hereby repealed. The adoption of this chapter, however,
shall not affect the continued validity of any Village permit or approval
for a project, whether phased or not, where construction of such project
has commenced prior to the effective date of this chapter.
(9)
Land use under special approvals. Existing buildings, structures,
and uses, either previously allowed by right and currently subject
to special approvals, or uses previously authorized by special approval,
including variances, special use permits, site plan approvals and
other similar approvals, shall be subject to the provisions of this
chapter regarding modifications to approved uses or structures.
(10)
Existing violations. Any building, structure or use existing
on the effective date of this chapter, which is unlawful under any
prior applicable regulations, shall be lawful only to the extent that
it complies with this chapter. However, such compliance shall not
excuse or be used to abate or enjoin the prosecution of such unlawful
conduct, whether initiated prior or subsequent to the effective date
of this chapter.
A.
The adoption of this chapter shall not affect any pending or prevent
any future prosecution of or action to abate any existing violation
of the any prior zoning regulations duly in effect at the time of
the violation.
B.
Except as otherwise specifically provided in this chapter, nothing
herein shall be deemed to change the status of nonconforming uses
heretofore created by virtue of the provisions of any prior law regulating
land use, if such uses remain nonconforming under the provisions of
this chapter. The terms of this chapter shall apply to any subsequent
change in use, and to alterations, extension, or movement of a building
or structure, and to any change in use of land.
[Amended 5-16-2023 by L.L. No. 2-2023]
Compliance shall be required with all other applicable laws,
ordinances and codes relating to properties and buildings, including
but not limited to the:
