Pursuant to Article 16 of the Town Law, the purpose of this chapter is to encourage the most appropriate use of land throughout the Town and to conserve the value of property, with due consideration for the particular uses, all in accordance with a Comprehensive Plan designed to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and, to that end, to regulate the height and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and the location of these uses within the limits of the Town.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of any law, ordinance, local law or any rules, which shall be adopted or issued pursuant to law, relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law, ordinance or local law or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.
This chapter shall apply uniformly throughout the entire Town of Hartland, with the exception of that portion which is in the Village of Middleport.
A. 
Any word or term not expressly hereinafter defined shall have a meaning as set forth in a standard dictionary.
B. 
The following terms are expressed within this chapter with special meaning as therein applied and no other. Any word or term not expressly defined in this section shall have the meaning as defined in a standard dictionary.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
AMENITIES
The facilities incidental to utilization of a structure or a piece of land, including but not limited to landscaping, parking, signs, driveways, water, sewer and utilities.
AMUSEMENTS AND EXHIBITIONS
Includes, but are not limited to, a circus, fair, carnival, field day, rodeo, outdoor concert, race, display or show of mechanical or animal proficiency or the exhibition of any natural or artificial curiosity.
BUILDING
Any permanently placed structure, having a roof supported by columns, piers or walls, intended for the shelter or housing of persons, animals or property.
BUILDING, ACCESSORY
A subordinate building located on the same lot with the principal building, occupied by or devoted to an accessory use. Where an "accessory building" is attached to the main building in a substantial manner, as by a wall or roof, such "accessory building" shall be considered part of the principal building.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof for flat roofs; to the deckline of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof. The top of the foundation wall shall be at least 16 inches above the center line of the road for a dwelling.
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
BUILDING PERMIT
A permit issued by the Zoning Enforcement Officer, which is required before any building may be legally constructed, expanded, altered, removed, demolished or changed from one use to another which requires greater strength.
BUILDING, PRINCIPAL
A building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Enforcement Officer upon the completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Board of Appeals.
CLUSTER RESIDENTIAL DEVELOPMENT
A development of residential lots, each containing less area than the minimum lot area required for the district within which such development occurs but containing the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
DWELLING
A building or portion thereof used exclusively as the residence or sleeping place of one or more persons.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more dwelling units and used for occupancy by three or more families living independently of each other.
DWELLING, ONE- OR SINGLE-FAMILY
A building or dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit. Floor area shall be no less than 500 square feet.
DWELLING, TWO-FAMILY
A building or portion thereof containing two dwelling units and used exclusively for occupancy by two families living independently of each other.
EXCAVATION OF EARTH PRODUCTS
Includes the stripping, excavating, quarrying or mining of topsoil, sand, gravel, rock, ore, minerals or other items customarily found on or below the surface of the earth. It does not include the excavation for the foundation of any structure for which a building permit has been obtained, the installation of an in-ground swimming pool, sewage disposal system or creation of a well or excavation for the installation of any public utility.
EXCAVATION OPERATION
Any commercial use of a property wherein any mineral, element or other earth product is removed from or below the natural surface of the land.
FARM
Any parcel containing 10 acres or more of land which is used for gain in the raising of agricultural products, including crops, livestock, poultry or dairy products.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this section. The term "farm building" shall not include a dwelling.
FLOODPLAIN
That portion of land lying within an area subject to periodic flooding.
GARAGE, PUBLIC
Any garage, other than a private garage, open to the public at stated hours, operated for gain and which is used for storage, repair, rental, washing, servicing, adjusting, equipping and painting of automobiles or other motor vehicles.
GARAGE SALE
The sale or offering for sale of tangible personal property from residential or agricultural premises, be the sale entitled "garage sale," "yard sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market" or "antique sale." "Garage sale" does not include the liquidation auction of the personal property of the occupants of the property nor does it include the bona fide liquidation auction of an estate or farm.
HOME OCCUPATION
Any occupation carried on as a subordinate use by a member of the family residing in the dwelling on a residential lot, provided that not more than 25% of the gross floor area of the dwelling is used for the carrying on of the subordinate use. Included in the definition of "home occupation" are all licensed, recognized professions and sole proprietorships involved in the dispensing of a service only. A "home occupation" may not utilize more than one employee. Excluded specifically herefrom are all sole proprietorships engaged in manufacturing, remanufacturing, assembly or repair.
JUNKYARD
A lot, land or structure, or part thereof, used for the collection, sorting, storage or abandonment of wastepapers, rags, scrap or discarded materials and articles of any kind; or for the collecting, dismantling, storage, salvaging or sale of abandoned machinery or fixtures of any kind not in an operating condition; or for the storage or disposal, whether in connection with a business or not, of one or more old, secondhand, abandoned, disabled or dismantled vehicles of any kind or the parts of waste materials therefrom.
KENNEL
Any premises on which six or more dogs over six months of age are kept.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating "lot area."
LOT DEPTH
The horizontal distance between the front and rear lot lines, measured at right angles to the front lot lines.
LOT LINES
The property lines bounding the lot. In the case of a lot abutting on more than one street, the owner may elect any street lot line as front lot line. The rear line shall be the lot line most distant from the front lot line.
LOT OR PLOT
A parcel of land occupied or capable of being occupied by one building and accessory buildings customary and incidental to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such building.
LOT WIDTH
The horizontal distance between the side lot lines, measured at right angles to its depth at the building line.
NONCONFORMING BUILDING
A building existing as of April 1, 1956, which in its design or location upon a lot does not conform to the regulations for the district in which it is located.
NONCONFORMING LOT
A lot of record existing as of April 1, 1956, which does not have the minimum width or depth or contain the minimum area for the district in which it is located.
NONCONFORMING USE
Any use of any building, including a trailer or mobile home, structure or land existing as of April 1, 1956, which does not conform to the use regulations of the district in which it is situated.
NURSING HOME
A building, structure or premises having accommodations for hire and where limited medical care is provided for invalid, infirm and/or aged, convalescent or physically disabled or injured persons.
PLAT
A map, plan or layout of a city, Town, section or subdivision indicating the location and boundaries of individual properties.
RESIDENT-OWNER/OPERATOR BUSINESS
Manufacturing, remanufacturing, repair, retail, and service enterprises conducted by the resident-owner of the premises as an accessory use thereto and having no more than two employees or workmen in addition to the resident-owner and his or her immediate family who are also residents of the premises.
[Added 9-12-2013 by L.L. No. 2-2013]
RETIREMENT OR CUSTODIAL HOME
A building, structure or premises having accommodations for elderly people, but not requiring medical care.
RIGHT-OF-WAY
The line determining the street or highway public limit of ownership.
SETBACK
The distance from the center line of the highway to the part of the structure nearest the highway and measured at right angles to the center line of the highway, not including cornices or open verandas, porches or entrance steps.[1]
SITE PLAN
A plan of a lot or subdivision in which is shown topography, the location of all buildings, structures, roads, rights-of-way, boundaries and all other information deemed necessary by the Planning Board.
SPECIAL USE
A use designated as a special use in the use districts established by this chapter, in accordance with the provisions of this chapter.
[Added 12-8-2005 by L.L. No. 2-2005]
STAND
A structure erected for the sale of homegrown farm produce (fruits and vegetables). The minimum setback from a hard surface shall be 20 feet.
STORY
That portion of a building between the surface of any floor and the surface of the floor next above, also, any portion of a building used for human occupancy between the topmost floor and the roof. For purposes of height measurement, in determining the permissible number of stories, a cellar shall not be counted.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET
A public thoroughfare which affords the principal means of access to abutting property.
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
STREET WIDTH
The right-angle distance between the two sides of the street.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders and exit facilities.
STRUCTURE
Anything constructed or erected which requires a permanent, fixed location on the ground or attachment to something having such location.
SWIMMING POOL
Any artificial pool, maintained as an accessory use to a residential dwelling, covering an area of at least 250 square feet and capable of holding water at least 18 inches in depth.
TEMPORARY USE
An activity conducted for a specific limited period of time, which may not otherwise be permitted by the provisions of this chapter.
TOWNHOUSE
One of a series of attached one-family dwelling units, each having a common wall between adjacent sections and having direct access to a private, individual rear and/or front yard designed as an integral part of each one-family dwelling unit.
TRAILER OR MOBILE HOME
Any noncollapsible vehicle or combination thereof used, designed or intended for use for permanent occupancy as living quarters for one or more persons, designed to be moved from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, whether propelled by its own power or by the power of another vehicle to which it may be attached and whether the axle or carriage to which the wheels may be affixed are detachable or detached and irrespective of the name or title assigned or designated by the manufacturer of the unit or other person.
TRAILER COURT OR MOBILE HOME PARK
Any site, lot, field, plot, parcel or tract of land on which two or more mobile homes are parked or located and for which use said premises are offered to the public or to any person for a fee of any type, including cost sharing.
USE
The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal use or building.
USE, PRINCIPAL
The main use to which a building or lot is to be used.
YARD AREA, FRONT
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building. An enclosed veranda shall be considered as part of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a "rear yard" shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building lines.
YARD, SIDE
An open, unoccupied space between the side line of the lot and the nearest line of the building. It shall extend from the front yard to the rear of the building.
ZONING ENFORCEMENT OFFICER
The officially established Zoning Enforcement Officer of the Town of Hartland as appointed by the Town Board, or his authorized assistants.
[1]
Editor’s Note: The former definition of "single owner/operator business," which immediately followed this definition, was repealed 9-12-2013 by L.L. No. 2-2013. See now the definition of "resident owner/operator business."