For the purpose of promoting the public health, safety and welfare
of the residents of the Town of Hartland, the Town is hereby divided
into the following use districts:
A. Agricultural Use District, which may be commonly referred to as an
"A District."
B. One-Family Residential Use District, which may be commonly referred
to as an "R-1 District."
C. One- and Two-Family Residential Use District, which may be commonly
referred to as an "R-2 District."
D. Multiple Family Residential Use District, which may be commonly referred
to as an "R-3 District."
E. Mobile Home Use District, which may be commonly referred to as an
"MH District."
F. General Business Use District, which may be commonly referred to
as a "B District."
G. Light Industrial Use District, which may be commonly referred to
as an "I District."
H. Recreational Use District, which may be commonly referred to as a
"Rec District."
I. Agriculture-Business Use District, which may be commonly referred
to as an "AB District."
[Added 9-11-2014 by L.L. No. 3-2014]
Recognizing that there are certain geographic features present in the Town of Hartland which traverse the use districts established by §
144-22, the following subuse districts are hereby established.
A. Floodplain Subuse District, which may be commonly referred to as
an "FP Subdistrict."
B. Wetland Subuse District, which may be commonly referred to as a "WL
Subdistrict."
The use districts and subuse districts that are established
by this chapter are shown on the Zoning Map of the Town of Hartland,
adopted simultaneously with this chapter, certified by the Town Clerk
and accompanying this chapter at the end.
Where district boundaries are indicated as approximately following
or parallel to the center lines of highways or right-of-way lines,
such center line or right-of-way shall be construed to be the boundary,
and, if no distance is given, the dimension shall be determined by
the Zoning Board of Appeals by use of the scale shown on the map.
Where the boundary of any district follows a stream, the boundary
shall be deemed to be the center of the stream bed.
Except as herein provided, no lot shall be occupied by more
than one principal use and no building or land shall be used or occupied
and no building or part thereof shall be erected, moved or altered
unless in conformity with the regulations specified for the use district
in which the property is located. Furthermore:
A. No yard or other open space located about any structures for the
purpose of complying with the provisions of this chapter shall be
considered an open space for any other structure.
B. Every principal structure shall be built on a lot, with frontage
on a public street, improved to meet the specifications of the Town.
Where a building lot has frontage on a street which has a proposed
right-of-way widening, the front yard depth shall be measured from
the proposed right-of-way. All yards, open space, off-street parking
and required landscaping must be contained within the district in
which the use is permitted, unless the Planning Board may otherwise
authorize.
C. An accessory building attached to a principal building shall comply
in all respects with the yard requirements for the principal building.
Detached accessory buildings shall be constructed to the rear of the
front building line of the principal building, and, if constructed
in a side yard, it shall conform to side yard requirements of this
chapter.
D. If a new lot is formed so as to include within its boundaries any
former lot on which there is an existing structure, the subdivision
must be carried out in such a manner so as not to infringe on the
provisions of this chapter or the proposed structure or use.
E. At the intersection of two or more roads, no hedge, fence or wall
shall be permitted which is three feet above the level of the shoulder
of the road. No obstruction to vision of any type shall be permitted
in the triangular area formed by the intersecting street line and
a line adjoining each, 30 feet distant from said intersection along
said street line.
F. Existing natural features such as trees, brooks, drainage channels
and views shall be retained. Whenever such features interfere with
the proposed use of such property, a retention of the maximum amount
of such features consistent with the use of the property shall be
required.
G. No structure shall be built within 50 feet of the bed of any stream
which carries water on an average of six months of the year.
I. No building utilized as a dwelling shall contain less than 1,000
square feet of floor area, exclusive of any basement, attic or attached
garage.
[Added 6-9-1994]
K. On any new construction, no dimension (depth, front to rear, or width,
side to side) of any principal residence shall be less than 17 feet.
[Added 4-10-1997]
L. The top of the foundation wall of every building shall be not less
than 18 inches above the crown of the pavement of the road upon which
the building fronts. Whenever there is no foundation, the measurement
shall be from the first-floor level. Specifications submitted with
building permit applications must show this elevation.
[Added 4-10-1997; amended 9-11-2014 by L.L. No. 2-2014]
M. Whenever
there is no full basement in a building, a meter pit as specified
by the Building Inspector shall be constructed to house the water
meter.
[Added 9-11-2014 by L.L. No. 2-2014]
[Added 9-11-2014 by L.L. No. 3-2014]
A. All permitted principal and accessory uses in the Agricultural Use
District are permitted as principal and accessory uses respectively
in the Agriculture-Business Use District. Uses that are permitted
upon obtaining a special use permit in the Agricultural Use District
are also permitted upon obtaining a special use permit in the Agriculture-Business
Use District.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
AGRICULTURE-BUSINESS
A business located on the same premises as a working farm
or on an adjacent premises with related ownership, and engaged in
the promotion of agricultural tourism or agricultural entertainment.
WORKING FARM
A farm that is actively engaged in the raising of agricultural
products, including crops, livestock, poultry or dairy products.
C. Agriculture-Businesses. The following agriculture-businesses are
permitted secondary uses where the principal use is a working farm:
(1)
Retail stores that sell agricultural-related merchandise.
(2)
Restaurants that incorporate and serve locally grown products.
(4)
Distilleries, breweries, and wineries that incorporate locally
grown products.
Recognizing that certain areas of the Town of Hartland are subject
to a general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of streams, rivers, swamps
or other inland areas of water, additional use restrictions are placed
on such areas in order to comply with the National Flood Insurance
Program, as administered by the Department of Housing and Urban Development,
Federal Insurance Administration.
A. Notwithstanding anything contained in this chapter, the following
are the only permitted uses in the Floodplain Subuse District:
(1) Farming and the sale of agricultural products grown, raised or produced
on the premises.
(2) Open recreation uses such as parks, playgrounds, riding instruction
and academies, golf courses, swimming clubs, driving ranges and tennis
clubs, but not including such intensive commercial recreation uses
as a racetrack or amusement park.
(3) Wildlife, game and forest preserves.
(4) Off-street parking areas, provided that no overnight parking is permitted.
(5) Lawns, gardens and play areas.
(6) Historic, scientific and scenic area preservation.
(7) Uses by special permit under Article
VI.
B. The following special provisions shall be applicable in the Floodplain
Subuse District:
(1) No structure (temporary or permanent), built for any purpose; deposit;
obstruction; storage of materials or equipment; or other uses shall
be permitted which, acting alone or in combination with existing or
future uses, will unduly affect the efficiency or the capacity of
the floodway or unduly increase flood heights, cause increased velocities
or obstruct or otherwise catch or collect debris which will obstruct
flow under flood conditions.
(2) Structures shall not be used for human habitation, shall have a low
flood-damage potential, shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of floodwaters
(i.e., longitudinal axis parallel to the direction of flood flow and
placed approximately on the same flood flow lines as those of adjoining
structures) and shall be firmly anchored to prevent flotation which
may result in damage to other structures, restrictions of bridge openings
and other narrowing of the stream or river. Service facilities, such
as electrical and heating equipment, shall be constructed at or above
the flood-protection elevation for the particular area or shall be
floodproofed.
(3) In making any request for a special use permit, the applicant shall
submit a plan certified by a registered professional engineer that
the floodproofing measures are consistent with the flood-protection
elevation and associated flood factors for the particular area. Floodproofing
measures may be required for all buildings and structures, other than
those which have a low-flood-damage potential. Such measures may include
the following, where appropriate:
(a)
Anchorage to resist flotation and lateral movement.
(b)
Reinforcement of walls to resist water pressure.
(c)
Installation of watertight doors, bulkheads and shutters.
(d)
Use of paints, membranes or mortars to reduce seepage of water
through walls.
(e)
Addition of mass or weight to resist flotation.
(f)
Installation of pumps to lower water levels in structures.
(g)
Construction of water supply and waste treatment systems so
as to prevent the entrance of floodwaters.
(h)
Pumping facilities to relieve hydrostatic water pressure on
external walls and basement floors.
(i)
Elimination of gravity flow drains.
(j)
Construction to resist rupture or collapse caused by water pressure
or floating debris.
(k)
Elevation of structures to or above the necessary flood-protection
elevation.
Recognizing the necessity to preserve, protect and conserve
freshwater wetlands and the benefits derived therefrom; to prevent
the despoliation and destruction of freshwater wetlands; to regulate
use and development of such wetlands; and to secure the natural benefits
of freshwater wetlands consistent with the general welfare and beneficial
economic, social and agricultural development of the Town of Hartland,
additional use restrictions are placed on such area pursuant to Article
24 of the Environmental Conservation Law.
A. Notwithstanding anything contained in this chapter, farming is the
only use to which a wetland may be put without a special use permit.
B. A special use permit shall be required before anyone may drain, dredge,
excavate or remove soil, mud, sand, shells, gravel or other aggregate
from any freshwater wetland, either directly or indirectly; conduct
any form of dumping, filling or depositing of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind, either directly or indirectly;
erect any structure, road, driving of pilings or placing of any other
obstructions, whether or not changing the even flow of the water;
contribute any form of pollution, including but not limited to installing
a septic tank, running a sewer outfall, discharging sewage treatment
or effluent or other liquid waste into, or so as to drain into, a
freshwater wetland; or conduct any other activity which substantially
impairs any of the several functions served by freshwater wetlands
or the benefits derived therefrom which are set forth in Article 24
of the Environmental Conservation Law.