A.
The existence and authority of the Planning Board of the Village of Hamilton Board is hereby ratified and confirmed. The Planning Board shall continue to consist of five members appointed by the Mayor with the approval of the Board of Trustees in accordance with the Village Law. The Board shall determine its rules and procedures consistent with the Village Law and General Municipal Law. In addition to the review and approval of subdivisions under Chapter 143, the Planning Board shall have the following powers and duties:
(1)
Site plan review. The Planning Board is hereby authorized to
review and approve, approve with modifications or disapprove site
plans as provided in these regulations.
(2)
Special permits. The Planning Board is hereby authorized to
review and approve, approve with modifications, or disapprove applications
for special uses enumerated in any zoning district as provided in
these regulations. Approval or approval with modifications may be
granted only if such use is found to comply with the requirements
of these regulations.
(3)
Architectural review. The Planning Board is hereby authorized
to review and approve, approve with modifications, or disapprove requests
and applications for determining compliance with design standards
when such determination is required under the provisions of this chapter.
(4)
Before making its decision on any of the above matters, the
Planning Board shall review and make findings in accordance with applicable
criteria set forth in these regulations.
(5)
To the extent practical, multiple applications relating to the
same project or development activity shall be processed and reviewed
concurrently.
B.
Review and decision.
(1)
When an application involving any of the above matters is referred
to the Planning Board under these regulations, and the Planning Board
deems that the application is complete and suitable for review, the
Board shall commence its review. An applicant may request an appearance
at any regular Planning Board meeting to present, explain and review
an application. If a public hearing is required, or if the Planning
Board determines that a public hearing should be held, even if not
required, the Board shall hold a hearing within 62 days from the date
on which a complete application is received.
(2)
The Board shall make a decision on any matter involving a public
hearing within 62 days after the public hearing, or if no public hearing
is held, within 62 days after a complete application is received,
provided in all cases that the requirements of the State Environmental
Quality Review Act have been satisfied, and also provided that the
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Planning Board.
(3)
The concurring vote of a majority of the Board shall be required
to render a decision.
C.
When a request for such assistance is made, the Planning Board shall
also function in an advisory capacity in reviewing, recommending and
reporting to the Board of Trustees on any application for amendment
of these regulations, and to the Board of Appeals on any application
for a variance, interpretation or other appeals under these regulations.
The Planning Board shall report to the Board of Trustees or to the
Board of Appeals as soon as practicable following receipt of the application,
and, when possible, prior to the public hearing required for such
application.
No building or other permit shall be issued for any land use
or activity listed in Appendix A, Schedule I,[1] as requiring a special permit (SP), or having special conditions applied thereto (SC), until the Enforcement Official is satisfied that the regulations set forth in this chapter, including this Article XIII, have been complied with.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[Added 11-24-2020 by L.L. No. 3-2020]
A.
Public notice of public hearings required or permitted by these regulations shall be given by the Village in accordance with Subsection C below and by publication in the Village's official newspaper at least five days prior to the date of such hearing. A copy of the notice shall also be posted on the Village website and, if the applicant has provided an email address, emailed to the applicant. Additionally, each Board may, in its own discretion, provide such other form of notice as the Board deems appropriate with respect to any particular application.
B.
All
public hearings shall be conducted as required by law and in accordance
with any rules established by the Board and the Chair. Any person
may appear in person or by agent or attorney and shall be given an
opportunity to be heard on the matter under consideration. The Board
may make a determination on the matter following the close of the
public hearing, or at a subsequent meeting of the Board without further
formal notice to the applicant or the public.
C.
Public
notice by installation of sign at project location.
(1)
The posting of a Village-provided sign by the applicant for the specified
proposal, as provided for herein, shall be required for the following
types of applications:
(2)
One sign, two feet by two feet, shall be posted in a clearly visible
manner in each front yard of the lot(s) under consideration by the
Board, not more than 20 feet from the street line.
(3)
The sign shall be provided by the Village to the applicant for installation
at the project site. All costs associated with the installation, upkeep,
removal and transportation of the sign shall be at the expense of
the applicant. The applicant shall pay a deposit for each sign in
an amount approximately equal to the cost of production of each sign.
The deposit shall be refunded to the applicant upon the return of
the sign to the Village in good condition.
(4)
The sign shall be installed at least 10 days before the public hearing
and shall be maintained upon the premises by the applicant in good
condition clearly visible to the public for a minimum of 10 days and
in any event removed no sooner than the date of granting of all Village
discretionary board approval(s) or withdrawal of the application.
A.
Authorization; conditions.
(1)
The Planning Board may grant a special permit for uses listed in
Appendix A, Schedule I,[1] as requiring a special permit (SP) if the proposed use meets the general and specific standards and conditions, as applicable, of this § 174-82.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Planning Board approval shall be obtained for any addition or alteration
to uses and buildings authorized by special permit.
(4)
The Planning Board may impose conditions when issuing a special permit
for the purpose of adhering to the standards pertaining to special
permits.
(5)
The Planning Board may impose a combination of conditions suggested
by the standards listed in this section if the project integrates
or combines multiple uses.
(a)
The identification of one use listed in Appendix A, Schedule
I,[2] as relevant to the project does not preclude the identification
of other uses as also pertinent. Any special permit issued must accommodate
and integrate all identified uses as specified by the Planning Board.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Application procedure.
[Amended 12-13-2005 by L.L. No. 5-2005; 11-24-2020 by L.L. No. 3-2020]
(1)
Prior to any application for special permit, the applicant may submit
to the Code Enforcement Officer preliminary data and drawings, as
necessary to describe and illustrate the proposed use. The Code Enforcement
Officer may review and advise the applicant or may transmit the materials
to the Planning Board for informal consideration at the election of
the applicant.
(2)
Formal applications shall be submitted to the Code Enforcement Officer
or, in his or her absence, to the Village Clerk at least 10 days prior
to the date of the Planning Board meeting at which consideration of
the application is requested. All applications shall be submitted
in accordance with instructions and forms provided by the Village
and shall be accompanied by applicable drawings and related supporting
documentation, fees and other required submissions.
(3)
The Planning Board will review the application in accordance with
these regulations and as otherwise required by law and it may request
such additional information as the Board may reasonably require to
assist it in determining that the application is complete and/or in
reaching a decision on the application.
(4)
A public hearing is required to be held within 62 days from the date
on which an application for special permit approval is deemed complete.
(5)
The Planning Board shall make a decision on the application within
62 days of the close of the public hearing, provided in all cases
that the requirements of the State Environmental Quality Review Act[3] have been satisfied, and also provided that the time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
[3]
Editor's Note: See 6 NYCRR Part 617.
C.
Referrals.
(1)
Whenever any special permit would affect real property in an area
as described in §§ 239-l and 239-m of the General Municipal
Law, said special permit shall be referred to the Madison County planning
agency, which agency shall report its recommendations to the Village
Planning Board. Failure of the county planning agency to report within
30 days may be construed to be approval.
(2)
The concurring vote of a majority plus one of the Village Planning
Board shall be necessary to override county planning agency recommendations
of approval with modifications or disapproval.
(3)
Within 30 days after final action by the Village Planning Board on
the recommendations, modifications, or disapproval of a referred matter,
the Board shall file a report of the final action with the county
planning agency.
D.
General standards. The standards listed below apply to all special
permit applications, whether or not others are included for specific
situations:
(1)
The location, size and character of the use will be in harmony with
the character of the neighborhood and will not be detrimental to the
orderly development of the district in which it is situated and adjacent
districts.
(2)
The proper use and value of nearby land and buildings will not be
impaired by:
(a)
The location, size, height and nature of buildings, walls, fences
and signs; the location, size and nature of parking areas; or the
location, intensity and nature of artificial lighting; and
(b)
There may be no storage of loose soil, mulch, or aromatic materials
within 50 feet of a residential district.
(3)
The use will not be objectionable to nearby properties because of
loitering, noise, fumes, vibrations, or lighting.
(4)
The location, size, site layout and relationships to existing or
future streets will be such that vehicular traffic and the assembly
of persons will not be hazardous or conflict with the appropriate
traffic for the neighborhood.
(5)
The nature and extent of landscaping will be appropriate to the use
and to the neighborhood.
(6)
The conditions and guidelines for specific uses and buildings as
listed below shall apply.
E.
Specific standards for certain uses. In addition to the general standards for a special permit, as set forth in § 174-82D, above, the specific requirements for certain land use activities, as set forth in this § 174-82E, shall be complied with, except that such requirements may be modified or waived by the Planning Board for due cause, as noted in the records of the application.
(1)
Multiunit dwelling supporting both family and non-family residents
in MC, ME, MP, U2 and BN;
(a)
Planning Board approval of a site plan, in accordance with the provisions of § 174-53, shall be obtained.
(b)
In a MC, ME, and BN Districts, a residential use shall not be
located on the ground floor of any building.
(c)
The maximum densities of multiunit dwellings are specified in
Appendix A, Schedule II.[4]
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
(d)
Secondary structures in the MC, ME, MP and BN may not be used
for residential purposes.
(2)
(Reserved)
(3)
Lawfully existing boardinghouse in all districts; new boardinghouses in MC, ME, and U2 Districts. [All provisions of this Subsection E(3) shall be applicable to group residences as they were defined prior to January 1, 2012, and to all special permits and licenses for the operation of group residences issued prior to January 1, 2012.]
[Amended 3-19-2019 by L.L. No. 2-2019]
(a)
Due regard shall be given to the safety hazards associated with
boardinghouses, their potentially unstable conditions and exploitative
character and their possible blighting effect on the surrounding neighborhood.
(b)
Compliance with all applicable codes and regulations, including
the New York State Multiple Residence Law, shall be required for special
permit consideration.
(c)
All boardinghouses in all districts shall be licensed annually.
Licenses shall be issued for the period from August 1 to July 31,
or portion thereof if the application is submitted after July 1. Upon
timely application (see below), each license shall be issued and/or
renewed, as applicable, upon a finding of full and proper compliance
with each of the following:
[1]
All state, county and local laws, ordinances and regulations
pertaining to the property.
[2]
For all existing boardinghouses in the R, MP, and U2 Districts, parking requirements specified in Article X apply.
[3]
For all new boarding houses in the ME and U2 Districts, parking requirements as specified in Article X apply.
[4]
All conditions previously imposed by the Planning Board as part
of issuance of the special permit.
[5]
Proper maintenance and operation of the property in keeping
with the character of the neighborhood and in a healthy, safe and
sanitary condition. Evidence of improper maintenance and operation
may include exposed garbage or litter on the premises; failure to
maintain the grounds in a neat and orderly fashion; and parking by
tenants on or about premises in undesignated parking areas. Evidence
of improper operation may also include the occurrence of incidents
or events that constitute violations of the Village Code and/or the
New York State Penal Law upon the premises. The occurrence of three
or more arrests or issuances of appearance tickets, citations or violation
notices for charges of violation of any provision of the Village Code
or of Articles 220, 221 or 240 of the New York State Penal Law upon
the premises shall be prima facie evidence of improper operation,
and shall constitute grounds for denial of the license application
or license renewal, as applicable.
[7]
New boardinghouses in the MC and ME Districts may be established
only in the upper floors of a multistory structure. New boardinghouses
are not permitted within the ground floor or first floor of any structures
within the MC and ME Districts.
(d)
A special permit for a boardinghouse may be revoked by the Planning
Board upon noncompliance with any of the above criteria if such noncompliance
is not corrected after notice to the property owner and after a hearing
in accordance with the following procedure:
[1]
The property owner shall be provided with a notice of hearing
setting forth at least a date, time and location that the owner can
be heard by the Planning Board with respect to the noncompliance.
Such hearing date shall be no less than 10 days after mailing.
[2]
After the hearing, the Planning Board may determine whether
or not the noncompliance or circumstances giving rise to the noncompliance
have been corrected. If not, the Planning Board may revoke the special
permit.
(e)
The property owner may reapply for a special permit for a boardinghouse
upon establishing compliance with the above criteria.
(f)
All new and existing boardinghouses shall be required to obtain
a license annually. Licenses issued for boardinghouses shall be valid
for one year, from August 1 to July 31. A complete application for
renewal shall be submitted to the Enforcement Officer by May 1 of
the expiring year. The applicant shall schedule with the Enforcement
Officer the necessary inspection of the residence so that the inspection
shall occur no later than July 15 preceding expiration. Upon such
timely application and inspection, the Enforcement Officer will renew
the license upon a finding of full and proper compliance with all
applicable standards.
(g)
If the operation of the boardinghouse is not in compliance with the conditions or this section, or any other applicable standards, or there are other indications of improper operation as set forth in Subsection E(3)(c) above, and/or complaints from neighbors or the Police Department, the Planning Board shall review the special permit for that location. The Planning Board at that time may impose additional conditions upon the special permit or may schedule a public meeting to revoke the special permit.
(h)
The Enforcement Officer is authorized to issue an appearance ticket upon discovery of occupancy of any boardinghouse, without a valid special permit or license pursuant to § 174-76. There shall be a late fee, as specified by the Village Board, for renewal applications submitted after May 1 and or for scheduling of inspections after July 15.
(4)
All group residences shall be subject to, and be in conformance with,
the following supplemental regulations:
(a)
No exterior alterations shall be made to any existing dwelling
to be used as a group residence other than those mandated by any other
codes or regulations to assure safety and sanitation. All alterations
of the premises, e.g., driveways, parking areas, landscaping, shall
be compatible with the neighborhood and appropriately screened from
adjoining properties as determined by the Planning Board.
(b)
All new construction as part of a group residence shall be compatible
with the scale, character and architectural design of existing neighborhood
dwellings and shall comply with all regulations applicable to the
district, as determined by the Planning Board in its consideration
of the special permit application.
(c)
The number of residents in a group residence shall be consistent
with the number of bedrooms and other living accommodations available
in the structure. There shall be a minimum of 70 square feet of bedroom
area with code-compliant emergency escape and rescue openings for
each resident.
(d)
If the group residence will include parking areas for more than
three vehicles, such parking areas shall be screened from adjoining
properties by a fence or vegetative screen not less than five feet
in height, as approved by the Planning Board.
(e)
All exterior site lighting associated with a group residence
shall be designed and installed in such manner as to avoid any light
spillover at the property line between the group residence and adjoining
properties. All exterior lighting fixtures shall include glare-reduction
devices and must include designation of the fixtures as International
Dark-Sky Association (IDA) approved and as Illumination Engineering
Society of North America (IESNA) "full cutoff" fixtures.
(f)
All buildings and premises used as group residences shall conform
to the bulk zoning regulations set forth in Appendix A, Schedule II,[5] as the same may apply to single-family dwellings for the
zoning district in which the group residence is located.
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
(5)
Supplemental apartment within the principal dwelling.
(a)
A supplemental apartment may contain a maximum of one bedroom.
(b)
A supplemental apartment is permitted only on properties of
more than 12,500 square feet, primarily devoted to use as single-family
dwellings.
[1]
Supplemental apartments may not be incorporated in properties
dedicated to two-unit or multiunit dwellings.
[2]
The presence of a supplemental apartment within a building or
a property does not necessitate that property's compliance with the
bulk-zoning requirements of a two-unit dwelling.
[3]
Within a multiunit dwelling, no individual unit may be considered
a supplemental apartment.
(c)
On-site parking must be provided for all supplemental apartments.
(7)
Nursing home, nursery school, child day-care center, and adult day-care
center.
(a)
In all districts, must be developed and operated under the applicable
regulations of the State of New York.
(b)
In MG District, nursery school and day-care center must be operated
by a resident operator or as an ancillary use to another institution.
(c)
New day-care centers may be operated in the Family Residential
District only as a home occupation. Such a home-occupational day-care
center may not exceed eight participants at any one time.
(9)
Outdoor swimming pool in residential, mixed-use, and business districts.
(a)
A private pool shall be located on the same lot as the principal
building, shall be only in the side or rear yard and shall be not
less than 10 feet from the side or rear lot line.
(b)
Design, construction, fencing, maintenance and operation shall
conform to the latest edition of the National Swimming Pool Institute
Standards and all other applicable codes and regulations.
(c)
Outdoor swimming pools shall be screened by plantings or fencing
from adjacent residential areas as appropriate to the particular conditions
and as approved by the Planning Board.
(d)
A public swimming pool must be located within a public park
and requires a special permit.
(10)
Parking lots. A lot dedicated primarily to the parking of vehicles must be illuminated and screened as per Article X of this chapter.
(12)
Drive-in service in ME and BN Districts.
(a)
Speaker boards and speakers shall be not closer than 200 feet
in any direction to a building used as a residence in an R District.
(b)
Location shall be no closer than 200 feet to any church, or
school measured along the street line from the nearest boundary line
of the drive-in service premises to the nearest boundary line of the
church, school or playground.
(c)
In the ME and MP Districts, outside speakers may not be used
to play amplified sound except as activated by customer. In the MP
District, outside speaker and video only may be used to only for required
communication between the vehicle customer and employee of the enterprise.
(d)
With drive-in food service, there must be enough room at the
sound board for three stacked vehicles that do not block the parking
in the lot or block entrance and egress from the lot.
(e)
Outside speakers and outside sound boards must be screened to
discourage sound spillage beyond the limits of the property.
(14)
(Reserved)
(15)
Gasoline station with or without convenience store/fast-food
facility; auto wash.
(a)
Gasoline station with or without store, convenience store or
fast-food facility.
[1]
Off-street parking shall be limited to employee and customer
cars required for the retail, convenience/fast-food uses. There may
be no storage of cars or servicing of cars, beyond the pumping of
fuel and the supply of air for tires, in the parking area. Such parking
may not be used for the sale of new or used cars.
[2]
To prevent vehicles waiting in the public street, one stacking
spaces per fuel pump bay shall be provided on the lot within the sidewalk
line.
[3]
No music or streaming audio may be played in outside speakers
in any gasoline/fuel station in the MP Districts.
[4]
No fuel pump may be located closer than 150 feet to a property
in the Family Residential District.
(b)
Auto wash.
[1]
To prevent vehicles waiting in the public street, at least three
stacking spaces per auto wash bay shall be provided on the lot within
the sidewalk line.
[2]
Wash-water discharge shall not pollute any stream nor create a hazard because of surface drainage and shall conform to Chapter 129, Sewers, and other applicable laws, codes and regulations.
[3]
Auto wash is not considered an ancillary use to a gasoline/fuel
station or convenience store.
(16)
Residential and home occupational uses of accessory structures
in R, MG and MP Districts may be permitted subject to special permit.
(a)
Temporary or transient or ongoing/permanent occupancy of an
accessory building is permitted only on property primarily dedicated
to supporting a single-family residential unit.
(b)
Temporary, or transient or ongoing/permanent occupancy is permitted
in only one accessory structure within any property.
[1]
A dwelling unit in an accessory building may not have more than
one bedroom.
[2]
No accessory building may be wholly dedicated to residential
use, permanent, temporary or transient.
[3]
One off-street parking space must be provided for use of an
accessory building for temporary or permanent occupancy of a nonfamily
member.
[4]
Rented use of a supplemental apartment in an accessory structure
for temporary or ongoing occupancy is permitted only if no more than
one room/suite in the primary structure is committed to a roomer or
for home occupational use as a bed-and-breakfast.
[5]
If occupied on the temporary or ongoing basis by someone other
than the family occupying the principal structure, such a supplemental
apartment must have at least one parking space accessible to the street.
[6]
When an accessory structure is used for a supplemental apartment,
the entrance to the supplemental apartment may not be directed toward
the rear lot line or the closest side lot line.
[7]
A supplemental apartment in an accessory building may be used
as a dwelling space for members of the family occupying the principal
building.
(c)
Home occupational use of an accessory structure may be permitted
by special permit upon site plan and special permit review:
[1]
Where the primary use of the lot is as a single-family residential
unit.
[2]
Where at least one resident of the property is employed in the
home occupation to which the secondary structure is dedicated.
[3]
Where the occupation is not disruptive to neighbors by virtue
of sound, or fumes, or deliveries.
[4]
Where the display or sale of stock and trade is not a primary
purpose of the business or occupation.
[5]
Where no more than two nonresident employees are active at any
one time.
[6]
Where no materials or equipment associated with the home occupation
are stored outside any structure.
[7]
Where only one accessory structure per property is committed
to home occupation use.
[8]
Where parking is provided as per § 174-62A.
[9]
Where no accessory structure on the premises is rented for temporary
or ongoing residential use.
[10]
Where the home occupational use of the accessory
building is not that of a bed-and-breakfast.
(17)
Home occupational operation of rooming house.
[Amended 10-17-2017 by Ord. No. 6-2017; 5-16-2023 by L.L. No. 2-2023]
(a)
No more than two persons may be permitted to occupy a dwelling
unit as roomers.
[1]
Such use shall be considered a home occupation and shall be subject to the provisions of § 174-83F, as applicable.
[2]
If a supplemental apartment is operated in the principal or
accessory building, only a single room/suite may be rented to a roomer.
[3]
Temporary and/or transient occupants of a dwelling may not let
or sublet spaces to roomers as a home occupation or otherwise.
(18)
Tourist home and bed-and-breakfast uses – commercial and
home occupation.
[Amended 5-16-2023 by L.L. No. 2-2023]
(a)
One on-site parking space per guest room/suite plus one for
each resident operator of the tourist home or bed-and-breakfast. All
parking spaces must be screened from neighboring residential properties.
(b)
Trash containers must be screened from view from neighboring
residential properties and trash must be picked up in a manner characteristic
of the district.
(c)
Accessory structures may be used for a single guest suite with
no more than one bedroom.
(d)
The maximum number of guest rooms/suites shall be five.
(19)
Commercial short-term transient rental uses: special conditions
and license requirements.
[Added 5-16-2023 by L.L. No. 2-2023]
(a)
Commercial short-term transient rental use is classified as a special use because of the potentially unpredictable intensity of use and resulting conflicts with other adjoining and nearby uses. The Planning Board shall review such uses under the applicable criteria set forth in §§ 174-82 and 174-83, and shall particularly address each application in terms of site plan features such as proximity to other uses and the nature of nearby uses, as well as available parking, lighting and other site features in order to minimize land use conflicts and associated adverse impacts to other residential uses. All special permits for short-term transient rentals shall terminate and expire upon the transfer of title (ownership) of the subject premises by said owner.
(b)
The maximum number of persons permitted to occupy any commercial
short-term transient rental use shall be two persons per sleeping
room, with an overall maximum of 10 persons, subject to available
parking for the use. The Planning Board may establish a lower maximum
occupancy limit under its special permit review authority if it determines
that the number of parking spaces appropriately devoted to the use
is insufficient to support the number of intended occupants without
adversely affecting adjoining property owners and/or the surrounding
neighborhood.
(c)
No recreational vehicles, campers, trailers, or motor vehicles larger
than a one-ton pickup truck may be parked upon the premises during
any transient occupancy. The number of automobiles and/or light-duty
(pickup) trucks that may be parked on site in association with any
commercial short-term transient rental shall be limited to the number
of off-street parking spaces designated on the site plan approved
by the Planning Board. No vehicles may be parked on lawns or in other
areas not specifically approved as parking spaces under the provisions
of this chapter. The Planning Board shall review all applications
in relation to the physical limitations of the subject premises as
well as the proximity to adjoining uses and surrounding neighborhoods
in order to determine the appropriate parking requirements and occupancy
limits.
(d)
No commercial short-term transient rental use shall be located above
the second floor of any building unless such floor has a fire sprinkler
system or has been otherwise constructed in accordance with requirements
of applicable New York State code requirements for residential occupancy
of such floors.
(e)
Each sleeping room within a principal or accessory structure containing
a commercial short-term transient rental use shall have affixed to
the occupied side of the entrance door to the sleeping room a written
notice stating the means of egress from the room in case of fire or
other emergency, the location of means for transmitting fire alarms,
if any, and the evacuation procedures to be followed in the event
of a fire or smoke condition, or upon activation of a fire- or smoke-detecting
or other alarm device.
(f)
Dwellings and/or dwelling units used for commercial short-term transient
rental use shall have no exterior signs or other exterior indications
of the transient occupancy use, which shall from all exterior indications
be indistinguishable from an otherwise permitted conventional residential
use.
(g)
All commercial short-term transient rentals shall be limited to the
temporary lodging of registered guests, and no commercial activities
and no public or private parties, receptions, meetings or similar
social gatherings or events shall be permitted. Occupancy shall be
limited to the number of persons permitted under the special use permit
issued by the Planning Board, and the operator of the facility shall
maintain an accurate and current register of all lodgers staying at
the facility, their permanent addresses, and the dates of their stay.
This register shall be immediately made available to the Village Code
Enforcement Officer and/or Police Department as part of any Village
investigation of any complaints regarding guest behavior or alleged
unlawful activity and/or to determine compliance with requirements
of any special permit issued for the premises. This register shall
also be made available to Village code enforcement personnel at the
time of any application for renewal of a license to operate the facility.
(h)
Owners of permitted commercial short-term transient rentals shall
be required to either be or have a designated property manager who
resides in such proximity to the subject premises so as to permit
him or her at all days and times to physically be at the subject premises
within 15 minutes of receiving notification of a complaint relating
to the premises. Current contact information for this person or persons
shall be kept on file with the Village Code Enforcement Officer and
Village Clerk at all times.
(i)
Owners of commercial short-term transient rentals must at all times
be current in the payment of all real property taxes and special assessments
and shall be responsible for complying with other applicable legal
and regulatory requirements, including, but not necessarily limited
to, compliance with New York State building, property maintenance
and safety codes and registration and collection of state and local
sales taxes and county occupancy taxes. When available, applicants
shall register to have applicable taxes and fees collected and remitted
by the interne host platform.
(j)
All owners of commercial short-term transient rentals shall provide
to the Village proof of general liability insurance against claims
for personal injury, death or property damage occurring on, in or
about the subject premises in an amount not less than $1,000,000 in
respect of personal injury or death, and in an amount of not less
than $100,000 in respect of property damage.
(k)
All applications for approval of commercial short-term transient
rentals shall be accompanied by documentary proof of compliance with
Madison County' s bed tax local law, which shall include a copy of
the Madison County Occupancy Tax Certificate for the premises.
(l)
License required. No person, firm or entity shall own, operate or
manage a commercial short-term transient rental facility in the Village
of Hamilton, nor shall any owner permit the operation of a commercial
short-term transient rental facility on premises owned by him, her
or it, without a duly issued license from the Village of Hamilton
to operate a commercial short-term transient rental facility. All
new and existing commercial short-term transient rental facilities
shall be required to obtain a license annually from the Village Code
Enforcement Officer, the original or copy of which shall be prominently
displayed in a front window of the subject residence in such manner
so that it is clearly visible from the public sidewalk, or from the
street if there is no sidewalk. Any initial application for a license
to operate a transient occupancy use asserted and demonstrated to
be a preexisting nonconforming use lawfully in existence prior to
the effective date of these regulations must be received by the Village
Clerk no later than August 1, 2023. Licenses issued to such applicants
shall be valid through August 31, 2024.
(m)
Unless otherwise provided herein, licenses issued for commercial
short-term transient rental facilities shall be valid for one year,
from September 1 to August 31. A complete application for a license
or license renewal shall be submitted to the Code Enforcement Officer
not less than two months prior to the date the license, or renewal
license, as applicable, is to be effective. Applications not submitted
in time to be effective as of the first day of September shall be
effective as of the date of issuance and shall expire on the next
succeeding 31st day of August. The applicant shall schedule with the
Enforcement Officer the necessary inspection of the dwelling or dwelling
unit not less than 30 days prior to the desired license effective
date. All applications for a special permit and license shall include
the following information:
[1]
Current and accurate site plan of the premises (as approved by the
Planning Board for the special permit application), showing all property
lines, building lines, driveways, sidewalks, parking spaces, garbage
and recycling storage areas, and any outbuildings and outdoor gathering
areas such as patios and decks
[2]
Floor plans, as determined adequate by the Planning Board and which
need not be prepared by a licensed design professional, for each building
floor level containing rentable space, which specifically depict all
room sizes and locations, common areas, exits and other facilities;
[3]
A copy of the recorded deed showing all current owners of the premises,
and a list of the names, home and business addresses, all phone numbers
(including home, business and cell) and email addresses of all property
owners and all property managers if applicable;
[4]
The number of permanent residents and the number of transient residents
proposed to reside on the premises (as authorized per the conditions
of the special use permit granted by the Planning Board in the case
of license applications), including the number assigned to each bedroom
shown on the building floor plans;
[5]
The number of all automobiles, trucks and other vehicles belonging
to the owners/permanent residents that will be parked on the premises
during periods of transient rentals, including for each such vehicle
the make, model and year of the vehicle, license plate number; the
name and permanent address of each vehicle' s local operator and its
titled owner;
[6]
Such other information as the Code Enforcement Officer may reasonably
require for the premises in question in order to determine compliance
with all applicable code provisions.
(n)
All applications for a special permit and/or license to operate a
commercial short-term transient rental facility shall be signed by
all owners of the premises. All applications shall include an accurate
list of all property owners within 150 feet of the subject premises,
as indicated on the most recent real property tax assessment roll,
accompanied by a statement that all such owners have been provided
a copy of the application. Each signator to the application shall
swear or affirm to the truth and accuracy of the information contained
in the application. Upon each license application and renewal application,
the applicant shall be required to pay a license administration fee
to the Village of Hamilton, which, except as may be otherwise determined
by resolution of the Board of Trustees, shall be in the amount of
$200.
(o)
All proposed commercial short-term transient rental facilities shall be physically inspected for proper maintenance of the premises in accordance with Subsection E(19)(r)[1] below, and for general code compliance, prior to issuance of a license to operate the facility, and also on an annual basis thereafter prior to the issuance of any renewal license.
(p)
Upon such timely application and inspection, the Enforcement Officer will issue or renew, as applicable, the license upon a finding of full and proper compliance with all provisions of this chapter and all other applicable laws and standards. Upon determining that sufficient grounds exist under the provisions of Subsection E(19)(r) below, the Planning Board shall have the authority to revoke any such license upon application of the Code Enforcement Officer and after holding a public hearing upon any such application to revoke a license.
(q)
The total number of nights of transient occupancy of any commercial
short-term transient rental facilities located on premises that share
a common side yard boundary with any property located within the R-Residential
Zoning District may not exceed a total of 30 nights within any given
license year.
(r)
Grounds for denial or revocation of license. Any proposed or existing
commercial short-term transient rental facility that is not in compliance
with the requirements of this chapter, or any other applicable laws
or standards, shall not be granted a license to operate, and, in the
event a license has been issued, such license shall be subject to
revocation, as herein provided, and the owner(s) and operator(s) of
the commercial short-term transient rental facility shall be subject
to such other penalties and/ or remedies as may be applicable. The
existence of any of the following conditions and circumstances shall
be deemed violations that constitute grounds for denial or revocation
of a commercial short-term transient rental facility license:
[1]
Indications of improper maintenance or operation of the property
in keeping with the character of the neighborhood, and/ or failure
to maintain and keep the premises in a healthy, safe and sanitary
condition, which shall include, but is not necessarily limited to:
[a]
Exposed garbage or litter on the premises;
[b]
Failure to maintain the buildings and grounds in a neat and
orderly fashion, including painting and maintenance of exterior surfaces
and windows and maintaining and trimming of grass and other vegetation;
[c]
Parking of vehicles on or about the premises in undesignated
and/or unapproved parking areas;
[d]
The occurrence of parties or other gatherings of individuals
upon the premises wherein the number of persons gathered upon the
premises exceeds the number of persons authorized upon the premises
under the terms of the special permit and license.
[2]
Two or more instances within any twelve-month period where a police
officer or agency, or the Village Code Enforcement Officer, issued
one or more appearance tickets or arrest warrants with respect to
acts or omissions related to the transient occupancy of the premises.
Such conduct shall include, but is not necessarily limited to, the
occurrence of any acts, incidents or events upon the premises that
constitute violations of any provision of this chapter, or any other
provision of the Village Code, and/ or the New York State Penal Law.
[3]
The conviction upon any formal charges as described in the immediately preceding Subsection E(19)(r)[2] shall be prima facie evidence of improper operation of a short-term transient rental facility, and shall constitute grounds for immediate revocation of a license, as well as for automatic denial of a license renewal application for a period of one year following the date of license revocation or expiration, as applicable.
(s)
Upon determining the existence of one or more offending conditions
relative to the premises, the Code Enforcement Officer shall deny
the application for a commercial short-term transient rental facility
license and, with respect to previously licensed commercial short-term
transient rental premises, at that time may take any action authorized
by law, including, but not necessarily limited to the following:
[1]
Impose additional conditions upon the license;
[2]
Refer the matter to the Planning Board to schedule a public hearing
to consider revocation of the license;
[3]
Issue one or more appearance ticket or tickets for any violation(s)
of the Village Code. The Code Enforcement Officer shall be authorized
to issue an appearance ticket to any owner or operator of a commercial
short-term transient rental facility operating without a valid license.
(20)
Performing arts center; private or public museum. The use of
rear yards for ancillary dining, banqueting, or reception space is
prohibited in MG District.
(21)
Public playground. A public playground must be located within
a public park and requires a special permit.
(22)
Auto, vehicle, or machine repair and storage. All exterior storage
of vehicles, equipment, parts, and tires, must be on-site and must
be screened from the street and from the neighboring properties.
Any land use or activity listed in Appendix A, Schedule I,[1] as having special conditions applied thereto (SC) shall
not be considered a permitted use or activity, and no permit shall
be issued, until the Enforcement Official has determined that applicable
conditions, as set forth in this section, have been met. Where special
conditions (SC) apply and special permit (SP) is required, the special
conditions must be integrated into the special permit.
B.
Any land use activity listed in Appendix A, Schedule I,[2] as requiring site plan review (RR), must comply with the provisions of § 174-53 of this chapter.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
Mobile home and mobile home park.
(1)
Dwelling, mobile home in R Districts. Mobile home dwellings are permitted
only if such dwelling is located in a mobile home park.
(2)
Mobile home park permitted only when and where a Planned District has been established in accordance with applicable provisions of Article VII of this chapter.
(3)
No mobile home park have a density of less than 5,000 square feet
per unit.
D.
University campus.
(1)
Special permit. In the U1, U2, and U3 District, special permit review
is required for all new or modified uses within 300 feet of the R
District.
(2)
Site plan review. In the University Districts, site plan review is
required for all new on-campus construction and for any on-campus
renovations that involve permanent modifications to building footprints,
or modification to vehicular and/or pedestrian circulation, or modifications
in exterior lighting and/or sound systems under the following circumstances:
(a)
In the U1 District if such project or modification is within
300 feet of Broad Street, East Kendrick Avenue, Hamilton Street.
(b)
In the U2 District if such on-campus project or modification
is within 300 feet of Broad Street or College Street west of Broad
Street.
(c)
All such projects in the U3 District are subject to site plan
review.
(3)
When a special permit is required in the U1, U2, or U3 Districts,
any required site plan review will be incorporate in the special permit
process.
(4)
Where an on-campus project or modification requires site plan review
but not special permit review, explicitly aesthetic considerations
are excluded from site plan review deliberations.
(5)
Modifications to the grounds of the Seven Oaks Golf Course that do
not involve enduring structures or automobile parking areas are not
subject to this requirement for site-plan or special permit review.
New construction and modifications to the clubhouse, the pro shop,
and their related parking are subject to site plan and special permit
requirements if within 300 feet of a family residential neighborhood.
(6)
The Code Enforcement Officer will be the final authority as to whether
renovations fall inside or outside the thresholds of requiring site
plan or special permit review.
(7)
The University campus is defined as properties owned and operated
by Colgate University within the U1, U2, and U3 Districts.
E.
University-related off-campus activities in the R, MC, ME, MB, MG,
MP, U2, and BN Districts.
(1)
Administrative, commercial, performing arts, museum and business
activities undertaken by Colgate University are permitted to the extent
that the same activities are permitted for non-University agents.
Such uses are subject to any and all special permit, special condition,
and site plan requirements as non-University agents would be subject
to.
(a)
Administrative activities focusing on student activities, academics,
pedagogy, and residential life are not permitted outside of the University
Districts.
(2)
New academic, research, and athletic uses associated with the University
are not permitted outside the University Districts.
(3)
New residence halls, fraternities, sororities, or related student
social activities are not permitted outside the University districts.
(4)
The campus is defined as properties owned by Colgate University within
the U1, U2, and U3 Districts.
F.
Home occupational use of the primary/principal structure in the R,
MC, ME, MB, MG, MP and U2 Districts.
[Amended 5-16-2023 by L.L. No. 2-2023]
(1)
In addition to other home occupation uses specifically permitted
under the provisions of this chapter, the following home occupations
are permitted in the principal building where not more than two nonresidents
are at work on site at any one time:
(2)
In
the R, MG and U2 Districts, deliveries supporting a home occupation
should be from the street.
(3)
In
the R, MG, MB, MP, and U2 Districts, trash pickup should be by the
standard manner of other residents and properties in the district.
G.
Ancillary uses for University and hospital activities in the U1,
U2, U3, and BH Districts.
(1)
Uses ancillary to the educational mission of Colgate University are permitted in the U1, U2 and U3 Districts as subject to § 174-83D.
(2)
Uses ancillary to the mission of Community Memorial Hospital are
considered part of the overall operation of the hospital within the
BH District.
(3)
The operation of a restaurant/clubhouse and a pro shop are commercial
uses considered ancillary to the operation of the Seven Oaks Golf
Course as an educational facility.
H.
Residence hall, dormitory and fraternity/sorority.
(1)
Residence halls must be sanctioned by Colgate University and be subject
to administrative coordination with the University.
(2)
Fraternity or sorority houses must be sanctioned by Colgate University
and be subject to administrative coordination with the University.
(a)
New fraternity or sorority houses must be within the U1 or U2
Districts.
(b)
New fraternity or sorority houses in the U1 or U2 Districts,
any part of which are within 300 feet of Broad Street, Kendrick Avenue,
Hamilton Street or College Street west of Broad Street, are subject
to special permit review. Such special permits will not normally be
subject to annual review.
I.
Satellite dish and communications tower.
(1)
Must conform to regulations found in the communication tower ordinance.
J.
Alternative domestic energy supply installation in all districts.
Permitted when:
L.
Sexually oriented business in the BN District. Permitted when:
(1)
No closer than 500 feet to a residence, restaurant, school, church
or synagogue, cemetery, park or playground located either within or
outside Village boundaries.
(2)
No closer than 500 feet to another sexually oriented business.
(3)
No alcoholic beverages are sold on the premises.
(4)
Merchandise and services are not visible from the exterior of the
premises.
M.
Aviation-related activities in the BA District. Permitted when the
activity is demonstrably supportive of, and ancillary to, the operation
of the Hamilton Municipal Airport. Such uses may include residences
and offices associated with executive hangars as well as separate
businesses supportive of aviation services.
N.
Public park. A public park shall only be established by the Village
Board of Trustees.
O.
P.
The rental of a residence or parts of a residence for a home occupation
tourist home or a home occupation bed-and-breakfast is limited to
a total of 30 days per year, subject to applicable conditions and
licensing requirements.
[Amended 5-16-2023 by L.L. No. 2-2023]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
