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.
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.[1]
[1]
Editor's Note: The Zoning Map is included in a pocket at the
end of this volume.
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]
A.
Permitted principal uses. The following are permitted principal uses
in the Agricultural Use District:
(1)
Single- and two-family dwellings.
(2)
Churches and other similar places of worship, parish houses, convents
and other such facilities of recognized religious groups.
(3)
Municipal parks, playgrounds and recreation areas deemed necessary
and appropriate by the Town Board.
(4)
Professional offices and home occupation uses, provided that they
are carried on in conjunction with a residential use on the property.
(5)
Farms and related farming activities.
(6)
Public buildings, libraries and public and nonprofit private schools
accredited by the State Education Department.
(7)
Offices and hospitals for the practice of veterinary medicine.
(8)
Churches.
(9)
Cemeteries.
B.
Permitted accessory uses. The following are permitted accessory uses
in the Agricultural Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming
pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products, equipment or
farm animals, located on the same parcel as the principal use.
(6)
Accessory buildings used exclusively for the sale of homegrown agricultural
products may be constructed, upon approval of the Planning Board,
following submission of an approved site plan showing:
(a)
That the application is for the use of the stand by the owner
or tenant of the property in question.
(b)
That the stand will be located in a location which shall encourage
safety and discourage traffic congestion. No portion of any stand
or any attendant use of land shall be closer than 35 feet from the
closest highway pavement edge. Parking space for no fewer than three
cars shall be maintained in connection with any stand, in a manner
easily discernible by an approaching motorist.
(c)
That trucks, trailers, tractors or other vehicles parked for
the purpose of the sale or disposal to the general public of agricultural
products shall be permitted only under the same limitations which
apply to the use of accessory buildings for the sale of such products.
(7)
Signs in accordance with this chapter.
(8)
Parking in accordance with this chapter.
(9)
Public utility uses.
(10)
Camping grounds.
(11)
Excavation operations.
(12)
Cluster residential development.
(13)
Nursing and retirement homes.
[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.
AGRICULTURE-BUSINESS
WORKING FARM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
(3)
Banquet halls.
(4)
Distilleries, breweries, and wineries that incorporate locally
grown products.
(5)
Rustic lodges.
(6)
Petting zoos.
(7)
Activity centers.
(8)
Museums.
B.
Permitted accessory uses. The following are permitted accessory uses
in the One-Family Residential Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming
pools, fireplaces, trellises, lampposts and the like.
(5)
Home occupation uses, provided that they are carried on in conjunction
with a residential use of the property.
(6)
Cluster residential development.
(7)
Parking in accordance with this chapter.
C.
Additional restrictions.
(1)
No accessory building may be erected or maintained in the One-Family
Residential Use District, which occupies more than 25% of a rear or
open yard area, exceeds 35 feet in height or is located within 10
feet of a principal building or other accessory building.
[Amended 6-9-1994]
(2)
Moreover, there shall be no open storage of boats, camping trailers,
utility trailers, motorized camping vans or similar vehicles in the
front yard area.
D.
Two-family dwellings may be permitted in the One-Family Residential
Use District upon a permit issued after approval by the Zoning Board
of Appeals and after recommendation made by the Planning Board to
the Zoning Board of Appeals where the Zoning Board of Appeals finds
the following criteria are met:
[Added 4-10-1997]
(1)
The two-family dwelling will not cause undue congestion in the neighborhood.
(2)
The area of the lot is sufficient to support a two-family dwelling
without crowding.
(3)
There is sufficient off-street parking for not less than four vehicles.
(4)
The character of the neighborhood will not be adversely affected
by the use.
A.
Permitted principal uses. Single- and two-family dwellings, churches
and cemeteries are the only permitted uses.
B.
Permitted accessory uses. The following are permitted accessory uses
in the One- and Two-Family Residential Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming
pools, fireplaces, trellises, lampposts and the like.
(5)
Home occupation uses, provided that they are carried on in conjunction
with a residential use of the property.
(6)
Cluster residential development.
(7)
Parking in accordance with this chapter.
C.
Additional restrictions.
(1)
No accessory building may be erected or maintained in the One- and
Two-Family Residential Use District, which occupies more than 25%
of a rear or open yard area, exceeds 35 feet in height or is located
within 10 feet of a principal building or other accessory building.
[Amended 6-9-1994]
(2)
Moreover, there shall be no open storage of boats, camping trailers,
utility trailers, motorized camping vans or similar vehicles in the
front yard area.
A.
Permitted principal uses. Single- and two-family dwellings, rooming
houses, nursing homes, retirement homes, multifamily dwellings, churches
and cemeteries are the only permitted uses.
B.
Permitted accessory uses. The following are permitted accessory uses
in the Multiple-Family Residential Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming
pools, fireplaces, trellises, lampposts and the like.
(5)
Home occupation uses, provided that they are carried on in conjunction
with a residential use of the property.
(6)
Cluster residential development.
(7)
Parking in accordance with this chapter.
C.
Additional restrictions.
(1)
No accessory building may be erected or maintained in the one-family
and two-family residential use district which occupies more than 25%
of a rear or open yard area, exceeds 35 feet in height or is located
within 10 feet of a principal building or other accessory building.
[Amended 6-9-1994]
(2)
Moreover, there shall be no open storage of boats, camping trailers,
utility trailers, motorized camping vans or similar vehicles in the
front yard area.
D.
Additional requirements applicable to multifamily dwellings. Multifamily
dwellings, also known as "apartments," shall be subject to the following
additional restrictions:
(1)
Apartment structures shall not exceed a density of eight dwelling
units per net acre of lot (area minus street).
(2)
Driveways for ingress and egress for apartment developments shall
connect with other than major streets; whenever possible, shall not
be located within 200 feet of an existing street intersection; and
shall have a pavement width of at least 22 feet, except where there
is an on-street parking area, in which case, they shall not be less
than 25 feet in width.
(3)
The minimum yard requirements of the schedule apply only to the entire
tract, and no building shall be located within such yard areas. The
minimum distance between buildings in an apartment development shall
be 25 feet, except that no wall containing an entrance to an apartment
shall be closer to another apartment building than 50 feet. No apartment
building shall be closer to a preexisting single-family or two-family
lot than 50 feet.
(4)
Parking areas may be located in any yard other than the required
front yard, but not closer than 10 feet to any property line, and
shall comply with all of the requirements of the regulations applicable
to all zones in this chapter. Where off-street parking areas or accessways
abut residential zones, a planted buffer strip at least 10 feet wide
shall be provided between the parking area or accessways and the adjoining
property, maintained with two staggered rows of evergreen shrubs.
(5)
Every apartment building shall have a minimum setback of 10 feet
from all interior roads, driveways and parking areas.
(6)
Every apartment development shall be provided with garbage and refuse
storage and collection areas enclosed and screened from view and away
from the front of apartment buildings.
(7)
In addition to any storage area within individual apartment dwelling
units, 200 cubic feet of storage area shall be provided for each dwelling
unit in a convenient, centrally located area in the basement or ground
floor or elsewhere, where personal belongings and effects may be stored
under lock and separated from the belongings and effects of other
occupants.
(8)
The wall for an apartment structure or parallel walls of adjacent
apartment structures shall not continue in the same place for a length
of more than 75 feet without an offset of at least four feet.
(9)
Each apartment development shall provide a playground area or areas
in a standard of 500 square feet for each eight dwelling units. Outdoor
play equipment shall be installed and maintained in each playground
in a sufficient amount and variety to service the occupants of the
development.
(10)
The entire area of an apartment development not improved for
driveways, parking areas or covered by buildings or walkways shall
be attractively landscaped and seeded and properly maintained at all
times.
E.
Additional requirements for nursing and retirement homes. Before
issuing any permit for the construction or alteration of a nursing
or retirement home, the Planning Board shall review the conformity
of the proposal with the goals, objectives and contents of the Comprehensive
Plan and with recognized principles of community development, land-use
planning and civic design. The Planning Board may approve the proposal
as submitted or, before approval, may require that the applicant modify,
alter, adjust or amend the proposal as the Board deems necessary,
to the end that it preserves the intent and purpose of this chapter
to promote public health, safety and general welfare. The proposal,
as approved by the Planning Board, shall then be reported to the Zoning
Board of Appeals, whereupon the Zoning Board of Appeals may, after
notice and public hearing, approve or disapprove said proposal in
accordance with the intent and purpose of this chapter.
A.
Permitted principal uses. Mobile homes and mobile home courts are
the only permitted uses in the Mobile Home Use District.
B.
There are no permitted accessory uses.
C.
ACCESSORY STRUCTURE
COMMUNITY AREA
COMMUNITY STRUCTURE
HABITABLE SPACE
MECHANICAL SYSTEMS AND EQUIPMENT
MOBILE HOME COURT
MOBILE HOME LOT
MOBILE HOME STAND
NATURAL OR ARTIFICIAL BARRIER
TRAILER (TRAVEL OR VACATION)
Definitions. The following additional definitions shall apply in
the interpretation of this section.
A structure, the use of which is incidental to that of the
mobile home and which is attached thereto or located on the same mobile-home
lot. Accessory structures include, but are not limited to, portable,
demountable or permanent enclosures, shade structures and carpets.
An area or space within a mobile home court, including fences,
walls and other minor structures, which is designated for the joint
use of the occupants or restricted to nonresidential use.
A structure within a mobile home court providing laundry,
toilet, recreation, parking or other common facilities, including
the management office and storage buildings.
Space used for living, sleeping, eating or cooking purposes,
excluding kitchenettes, bathrooms, toilet rooms, storage spaces and
enclosures for equipment installations.
Mobile homes' electrical, plumbing, heating, ventilating,
air-conditioning systems and equipment used for living purposes, including
cooking and refrigeration equipment.
A parcel of land which has been planned and improved for
the placement of two or more mobile homes.
A designated site within a mobile home court for the exclusive
use of the occupants of a single mobile home.
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home.
Any river, pond or canal, at least 200 feet in width, or
a railroad embankment or any other barrier which, in the opinion of
the Planning Board, is comparable in effect to a two-hundred-foot
space requirement.
A movable living unit equipped with a chassis but lacking
any of the following mechanical equipment; plumbing, heating, electrical,
cooking and refrigeration. See mobile home.
D.
Restrictions on parking. No person shall store, park or otherwise
locate a mobile home, except in an authorized mobile home park, for
a period of more than 72 hours. No occupied travel or vacation trailer
or other form of temporary type of living units shall be permitted
in a mobile home court for more than three months in any year.
E.
Mobile home courts. The following shall apply to all mobile home
courts:
(1)
The size of all mobile home courts shall be a minimum of 25 acres,
provided that the location and construction of such court is approved
by the Planning Board and the Town Board of the Town of Hartland.
(2)
All mobile home courts containing 10 or more mobile home lots shall
have access from two points along a single public street or highway,
or, if bordering on two streets, access can be one for each street,
such access points being separated by at least 100 feet.
(3)
Each mobile home court shall have frontage on an existing public
highway equal to not less than 80% of the maximum dimension of the
court measured parallel to such highway. In the event that a court
is located at the intersection of two highways, this frontage is applicable
to one of the highways, and the frontage on the second shall be equal
to at least 35% of the maximum dimension of the court, as measured
parallel to the second highway.
(4)
There shall be provided a buffer area between the right-of-way line
of adjacent public highways and any portion of a mobile home lot of
at least 100 feet. There shall also be provided between any portion
of a mobile home and the boundary of the mobile home court a distance
of at least 60 feet. Such buffer areas shall be primarily clear of
obstruction, other than trees and other natural landscape material,
and shall not be used for any aboveground structures.
(5)
The layout of interior roadways or driveways shall be such that no
block is longer than 500 feet; provided, however, that this may be
extended to 750 feet if an interior walkway is provided for pedestrian
access across the center of the block.
(6)
All streets shall have a minimum width of 40 feet, which is completely
clear of obstructions to a height of 12 feet. Culs-de-sac shall be
provided in lieu of closed-end streets, with turnarounds having outside
roadway diameters of at least 90 feet.
(7)
The maximum street grade shall be 7%. Entrance gradients shall be
less than 3% for a distance of 75 feet from the edge of the right-of-way
of the public highway.
(8)
The minimum radius of curvature for any street shall be 100 feet.
(9)
Streets shall be laid out so as to intersect as nearly as possible
at right angles, and in no case shall any angle or intersection be
less than 75°.
(10)
Street or driveway pavement shall be located in the center of
the street clear zone. If parking provision is made within the street,
such parking area may be off the pavement, and the clear zone (street
width) shall be increased proportionately to provide therefor. If
parking provision is made, in parking areas for three or more vehicles,
in nodes throughout the court, such areas shall be located off the
pavement considered to be the street or driveway and in such a manner
as not to encroach upon the area considered to be the mobile home
lot. Provision shall be made for the parking of three motor vehicles
for each two mobile home lots.
(11)
Central auxiliary parking areas shall be provided, at a ratio
of 200 square feet per mobile home lot, in a location which is not
contiguous with the lot services, such area being screened from lots
and public highways by a coniferous hedge or other effective vegetation.
Auxiliary parking areas are to be provided for parking trucks, maintenance
equipment, boat trailers, utility trailers, incapacitated or unregistered
vehicles and such similar equipment and vehicles.
(12)
All lots shall be rectangular or trapezoidal unless otherwise
approved by the Town Planning Board as meeting all other requirements
of this chapter.
(13)
All lots shall be a minimum of 7,000 square feet if rectangular
or trapezoidal and shall have a minimum width of 60 feet. In the case
where unique and unusual lot designs are submitted for approval, and
all other minimum distance requirements are met, the minimum lot size
may be reduced to 5,000 square feet, provided that the density of
mobile home units shall not exceed 6.2 dwelling units per net acre.
(14)
Corner lots shall be 1 1/2 times the width and area of
regular lots. If a street makes a turn of 90°, the lot on the
inside shall be considered a corner lot and the lots on the outside
shall be considered radial lots, wherein the width shall be measured
at the distance of 10 feet from the street line.
(15)
Double frontage lots shall not be permitted. If there is a situation
where only one mobile home can be located between streets, then a
buffer strip of at least 10 feet shall be created and suitably planted.
(16)
Walkways shall be laid out so as to connect all patios with
the street and connect service buildings, dry yards and storage lockers
with streets. Walkways shall also provide access to recreation areas
if such areas are not located adjacent to a street. Additional walkways
may also be placed along the rear of each lot.
(17)
Recreation space shall be provided in a central location and
at a ratio of 300 feet per lot. Such space shall be enclosed with
shrubs or evergreen hedges placed not farther than 10 feet apart nor
higher than four feet.
(18)
If public telephones are provided within the court, they shall
be located directly adjacent to service buildings.
(19)
Mailboxes shall be located at a location suitable to the local
post office, but shall not be placed in any location where they constitute
a safety hazard to pedestrians or to vehicles.
(20)
All existing trees shall be preserved insofar as possible in
the design of the court.
F.
Siting of mobile homes.
(1)
The following minimum distances shall be maintained when providing
specific locations of mobile homes as related to each other within
the court.
(a)
Laterally (the side of one mobile home facing the side of the
next): 15 feet.
(b)
Longitudinally (the end of one mobile home facing the end of
another): 15 feet.
(c)
Perpendicularly (the end of one mobile home facing the side
of another): 20 feet.
(d)
In cases of nonrectangular or nontrapezoidal designs, these
minimum distances may be reduced if the final configuration of mobile
homes does not interfere with the provision of space for patios, walkways
or storage; but in no case shall two mobile homes be closer than 15
feet from each other.
(2)
The following minimum distances shall be maintained when providing
specific locations of mobile homes within the court and with respect
to service or storage buildings:
(3)
The minimum setback from the street line (the clear zone rather than
the pavement) shall be 10 feet. The maximum setback shall be five
feet, in addition to the minimum established by the owner of the court.
(4)
The minimum distance between a mobile home and a parking space for
motor vehicles shall be 10 feet.
G.
Required improvements. The following improvements are required in
all mobile home courts:
(1)
All water supply systems shall be installed as per plans approved
by the Town Water Commissioner, and New York State Department of Health
and/or the Niagara County Health Department. Such systems shall be
designed to provide a sufficient supply of potable water, under adequate
pressure, to outlets servicing mobile homes, community structures,
drinking fountains, hose connections, hydrants and so on.
(a)
Each mobile home lot shall be supplied with potable water from
the approved water supply system by a pipe of at least 3/4 inch inside
diameter to a cold-water tap at least four inches above the ground,
with 30 pounds' pressure maintained at the outlet throughout the entire
year. The water supply connection shall be located a safe distance
from the sanitary drainage connection and shall not be subject to
surface drainage. Means shall be provided for a suitable watertight
connection, without cross-connection and danger of freezing.
(b)
An adequate supply of hot and cold water shall be provided at
all times in service buildings which provide washing and laundry facilities.
(2)
Sewers.
(a)
All sewage disposal systems shall be installed in accordance
with plans approved by a consulting engineer retained by the Town
Board and/or the Niagara County Health Department. Such systems shall
provide each mobile home and community structure containing plumbing
fixtures with an adequate and safe method of sewage disposal. Waste
from all sanitation and washing facilities, including washing machines
at any location within the mobile home court, shall be discharged
into a duly approved public sewage disposal system.
(b)
Each mobile home lot shall, at a proper location relative to
the mobile home, be provided with a trapped sewer of at least four
inches in diameter, and piping shall have a continuous grade to the
point of disposal in an approved public or private sewage disposal
system. Such sewer shall have an airtight connection with all outfall
pipes of any mobile home harbored on that lot. These connections shall
be fitted with an airtight cover during periods of nonuse.
(3)
The electrical system shall be designed to provide adequate capacity
to supply the connected load without exceeding the allowable current-carrying
capacity of the conductors. Each mobile home lot shall be provided
with a conductor and terminal capable of carrying a minimum current
of 150 amperes.
(a)
An electrical connection receptacle or terminal box of an approved
weatherproof type shall be provided at each mobile home lot. The receptacle
shall be of the polarized type with grounding conductors and shall
have a four-prong attachment for 115/220 volts.
(b)
Artificial lighting shall be provided to illuminate walks, driveways
and parking spaces for the safe movement of pedestrians and vehicles
at night, Specifically, streetlighting standards shall be provided
as follows:
[1]
Overhead streetlighting standards shall be placed no farther
than 100 feet apart, have a minimum clearance above the pavement of
12 feet and shall have a capacity of 100 watts.
[2]
Alternate side streetlighting (post lamps) shall be placed not
farther than 60 feet apart, as measured along the center line of the
street [120 feet on one side of the street], have a minimum height
of four feet and a maximum height of seven feet and shall have a capacity
of 60 watts.
[3]
Service buildings shall have sufficient exterior lighting fixtures
so as to properly illuminate entrances and drying yards connected
therewith.
[4]
Streets and service buildings shall be illuminated during all
hours of darkness and according to the following schedule:
|
Streets
|
Dark to 11:00 p.m.
(watts)
|
11:00 p.m. to Dawn
(watts)
|
|---|---|---|
|
Overhead
|
100
|
40
|
|
Side lights
|
60
|
25
|
|
Service Buildings
| ||
|
Entrances
|
50
|
none
|
[5]
All wires shall be located underground.
(4)
All gas piping systems, if installed, shall be designed to provide
a supply of gas sufficient to meet the maximum demand without undue
loss of pressure at the connection to the mobile home farthest from
the source of supply. Gas connections shall provide a suitable gastight
connection to the mobile home.
(5)
Each mobile home lot shall be provided with at least one twenty-gallon
metal garbage can with a tight-fitting cover. The cans shall be kept
in a sanitary condition at all times. It shall be the responsibility
of the court owner to ensure that garbage and rubbish shall be collected
and properly disposed of outside of the mobile home court as frequently
as may be necessary to ensure that garbage cans do not overflow. Exterior
property areas shall be maintained free from organic and inorganic
material that might become a health, accident or fire hazard.
(6)
A mobile home court shall be provided with facilities for the safe
and efficient storage of required fuels. Liquefied petroleum gas storage
containers having a capacity exceeding 125 gallons shall be located
not less than 25 feet from the nearest mobile home, structure, building
and lot line and shall not be subject to damage from moving vehicles.
Fuel oil and other flammable materials shall be stored so as not to
be a fire hazard.
(7)
All streets within the court shall be paved with concrete, blacktop
or macadam for the minimum width of 20 feet, in accordance with specifications
effective for similar development in the balance of the Town, if such
specifications are drawn, or, in absence of Town specifications, as
per specifications approved by the Town Superintendent of Highways.
(8)
Areas for motor vehicle parking may be surfaced with uniform-sized
gravel or crushed stone, to a minimum depth of eight inches, in the
absence of fully hard or penetrated surface paving.
(9)
All walkways shall be a minimum width of three feet and thickness
of four inches and shall be provided with joints so designed as to
minimize cracking. All walkways shall be made of concrete or blacktop
or other similar material.
(10)
Each mobile home lot shall contain a mobile home stand capable
of containing a mobile home in a fixed position. The mobile home stand
shall be concrete at least six inches in thickness. The elevation,
distance and angle of the mobile home stand in relation to the accessway
shall be such as to facilitate the safe and efficient placement and
removal of the mobile home.
(11)
All mobile home lots shall be provided with patios constructed
of concrete or blacktop and shall be a minimum size of eight feet
by 20 feet and four inches in depth. Patios shall be located so as
to provide safe and easy access from the mobile home.
(12)
Mobile home courts shall have adequate facilities for drainage
of surface and subsurface water. The entire mobile home court shall
be graded to facilitate the safe and efficient drainage of surface
water and to permit no ponding areas where water will stand for lengths
of time so as to constitute a health or other hazard. Drainage ditches
shall be provided where necessary to provide for the removal of surface
drainage. These ditches shall be provided in such a way as not to
constitute a hazard to pedestrians. Gutters, culverts, catch basins,
drain inlets, stormwater sewers, approved combined storm and sanitary
sewers or other satisfactory drainage systems shall be utilized where
deemed necessary and shall be of a size specified by the Town Planning
Board.
(13)
Storage lockers shall be provided at a minimum ratio of 100
cubic feet per mobile home lot and shall be located no farther than
100 feet from the lot which they serve. They shall be of waterproof
construction on all surfaces, including the base. Such lockers may
be provided in clusters or as individual structures on each mobile
home lot.
(14)
Landscaping shall be provided as specified by the Town Planning
Board.
(15)
Property line monuments shall be provided at all corners of
the mobile home court. The monuments shall be of material and size
approved by the Planning Board.
H.
Service buildings. Service buildings shall be located in such a way
as to prohibit primary access directly adjacent to a mobile home lot.
If such buildings contain laundry facilities, they shall be so located
no farther than 400 feet from any mobile home lot which they serve.
(1)
Service buildings housing sanitation and laundry facilities or any
other facilities shall be permanent structures complying with the
New York State Building Code, the New York State Sanitary Code and/or
all other applicable ordinances and statutes regulating buildings,
electrical insulations and plumbing and sanitation systems.
(2)
The service buildings shall be well lighted at all times from dawn
to 11:00 p.m. and capable of being well lighted between 11:00 p.m.
and dawn, shall be well ventilated with screened openings, shall be
constructed of such moisture-proof material, including painted woodwork,
as shall permit repeated cleaning and washing and shall be maintained
at a temperature of at least 60° F. during the period from October
1 to June 1. The floors of such buildings shall be of water-impervious
materials and supplied with drains.
I.
Laundry facilities. Laundry facilities may be provided by the owner
of the mobile home court. If such facilities are provided, they shall
be located in a separate service building and shall provide for one
single laundry tray and one automatic or semi-automatic-type operable
washing machine for each 10 mobile homes or fractional number thereof.
An ample number of individually fused and grounded electrical outlets
shall be provided supplying current sufficient to operate each washing
machine. Installation of such outlets shall be in accordance with
all other Town regulations applying thereto.
J.
Fire protection and control. Every mobile home court shall be equipped
at all times with fire equipment in good working order, in conformance
with those standards duly adopted as applicable in the fire district
within which the court is located. Fire protection equipment shall
be provided as approved by the Town Fire Department.
(1)
No open fires shall be permitted at any place within the court which
may endanger life or property.
A.
Permitted principal uses. Retail business establishments which are
clearly of a community service character and dispense a service or
merchandise are the only permitted uses in the General Business District.
B.
Permitted accessory uses. The following are permitted accessory uses
in the General Business Use District:
(1)
Private garage space for the storage of commercial vehicles used
in conjunction with a permitted business use.
(2)
Dwelling units, accessory to the principal business use, provided
that they are located in the principal building and comply with the
area and yard requirements of the R-3 District, except side yard requirements
which shall be waived when the dwelling unit is above the first floor
and the first floor is used commercially.
(3)
Signs in accordance with this chapter.
(4)
Parking in accordance with this chapter.
(5)
Public utility uses, except maintenance and storage yards.
C.
Additional restrictions. The following additional restrictions shall
apply to structures and uses in the business district:
(1)
No goods shall be displayed for sale purposes nor shall coin-operated
vending machines of any type be placed in any location which would
infringe upon the required yard area specified in this chapter.
(2)
No business use shall occupy any part of the lot within 50 feet of
any R District.
(3)
Truck loading and unloading facilities shall be provided on the property
to permit the transfer of goods in other than the front yards or public
street. A planted buffer strip shall be required where such loading
area abuts any residential district and shall consist of a staggered
row of compact evergreen shrubs not less than three feet in height
in an area not less than 10 feet in width.
(4)
Where off-street parking areas or accessways abut residential zones,
a planted buffer strip at least 10 feet wide shall be provided between
the parking area or accessways in the adjoining property, maintained
with two staggered rows of evergreen shrubs.
(5)
Where the frontage on one side of the street is zoned partly residential
and partly business, the front yard depth in the B District in such
block frontage shall be equal to the required front yard depth of
the residential district for a distance of 50 feet into the B District.
(6)
Where a lot in a B District abuts a lot in any residential district,
there shall be provided along such abutting lines a yard equal in
width or depth to that required for the adjacent yard in said residential
district.
D.
Additional requirements applicable to motor vehicle service stations.
(1)
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
(2)
All fuel pumps shall be located at least 20 feet from any street
or property line, and, in addition to such other signs as are permitted
by this chapter, each motor vehicle service station shall be permitted
to have one freestanding or pylon sign setting forth the name of the
station and the principal products sold on the premises, including
company or brand name, insignia or emblem, provided that such sign
shall not exceed 40 square feet in area on either of two sides and
shall be hung within the property line and no less than 10 feet nor
more than 25 feet above the ground. A service station may also exhibit
one temporary sign, located no less than 10 feet inside the property
line, specifically setting forth special seasonal servicing of automobiles,
provided that such sign does not exceed seven square feet in area.
A.
Permitted principal uses.
(1)
Any use of a light industrial nature is permitted, which involves
only the manufacture, processing, assembly, packaging or storage of
previously refined materials, provided that at no time will such use
result in or cause:
(a)
Dissemination of dust, smoke, smog, observable gas, fumes or
odors or other atmospheric pollution, objectionable noise, glare or
vibration.
(b)
A hazard of fire or explosion or chemical or nuclear pollution
or other physical hazard to any adjacent building or to any plant
growth on any land adjacent to the site or to any person working on
the site or working or living adjacent thereto.
(2)
Also permitted in the Light Industrial Use District are office buildings
for executive, engineering and administrative purposes; scientific
or research laboratories devoted to research, design and/or experimentation
in processing and fabricating incidental thereto; the warehousing
and/or storage of goods and products, such as building materials,
farm supplies and the like, which may be stored or sold from the premises
to the general public.
B.
Permitted accessory uses. The following are the permitted accessory
uses in the Light Industrial Use District:
C.
Additional restrictions.
(1)
All industrial processes shall take place within an enclosed building.
(2)
Incidental storage of materials out of doors shall be permitted.
(3)
Industrial uses shall be located so as to be a minimum of 50 feet
from any property line abutting a nonindustrial district. This fifty-foot
buffer strip shall be perpetually maintained with plantings to provide
a visual screen between the industrial use and the adjoining nonindustrial
use.
A.
Permitted principal uses. Theaters, playhouses, amusement parks,
arcades, camping grounds, playgrounds and athletic fields are the
only permitted uses.
B.
Permitted accessory uses. The following are permitted accessory uses
in the Recreational Use District:
C.
Additional restrictions. No structure, permanent or temporary, shall
be erected, established or maintained in the Recreational Use District
until the same has been approved by the Planning Board, the New York
State Department of Health and/or the Niagara County Health Department.
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.
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.
