Town of Hamlin, NY Article I General Provisions

§ 520-1 Title; statutory authority.

A. This chapter shall be known and may be cited as the "Town of Hamlin Zoning Law of 1991."

B. This chapter is enacted pursuant to Article 2 of the Municipal Home Rule Law of the State of New York.

§ 520-2 Purpose; objectives.

A. Purpose. The purposes of this chapter are: to encourage appropriate and orderly physical development; to promote the public health, safety, convenience and general welfare; to classify, designate and regulate the location and use of buildings, structures and land for agricultural, residential, commercial, industrial and other uses in appropriate places; to establish penalties for the violation of the regulations contained herein; and, for said purposes, to divide the Town of Hamlin into districts of such number, shape and areas as may be deemed best suited to carry out these regulations and provide for their enforcement, in accordance with the Town of Hamlin's Comprehensive Plan.

[Amended 2-10-1997 by L.L. No. 1-1997]

B. Objectives. The objectives of this chapter are to establish appropriate regulations to: conserve and stabilize the value of property; provide adequate open space for light, air and recreational enjoyment; provide desired levels of population density; secure safety from fire, flood, panic, noise, congestion, pollution, and other types of dangers; provide adequate opportunities for effective utilization of land; provide adequate community and public utility facilities; and provide workable relationships among neighboring land uses and the Town's transportation system.

§ 520-3 Conformance required.

No building or structure shall be erected and no existing building or structure shall be moved, altered or enlarged on any land within the Town of Hamlin, except in conformity with the regulations for the particular district in which the land, building or use is located, as stated in this chapter. Where this chapter imposes greater restrictions than those imposed or required by other rules, regulations or ordinances, the provisions of this chapter shall apply and control.

§ 520-4 Changes to comply with Comprehensive Plan.

[Amended 2-10-1997 by L.L. No. 1-1997]

Whenever a change in district or a change in district regulations is approved by the Town Board subsequent to the adoption of this chapter, the new designation or changes shall be in accordance with the purposes and intent of the Town of Hamlin Comprehensive Plan, as adopted and amended by the Town Board.

§ 520-5 Establishment of zoning districts.

A. Classes of districts. The districts established by this chapter, subject to future amendments, shall be as follows:

[Amended 10-11-2004 by L.L. No. 3-2004; 6-11-2007 by L.L. No. 8-2007]

	R-VL	Residential/Very Low Density
	R-L	Residential/Low Density
	R-L1	Residential/Low Density One Acre
	R-M	Residential/Medium Density
	R-H	Residential/High Density
	R/CW	Residential/Commercial Waterfront
	C-NB	Commercial/Neighborhood Business
	C-GB	Commercial/General Business
	I	Industrial
	SR	Shoreline Residential
	WR/OS	Waterfront Recreation and Open Space
	SC	Senior Citizen Residential
	C/O	Conservation Overlay

B. District locations. The boundaries for each district contained in this chapter are the boundaries indicated for the district on the map titled "Official Zoning Map of the Town of Hamlin" and dated as of the effective date of this chapter. This map is hereby adopted by reference and declared to be a part of this chapter and hereinafter shall be known as the "Town Zoning Map." The Town Zoning Map and amendments thereto shall be on file and may be examined in the office of the Town Clerk.[1]

[1] Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

§ 520-6 Official Town Zoning Map.

There shall exist only one Official Town Zoning Map, which shall be kept in the office of the Town Clerk. It shall bear the Seal of the Town of Hamlin, a certification that it is the Official Town Zoning Map of the Town of Hamlin, and its date of adoption. The original Map shall be on file with the Town Clerk and open to review by the general public.[1] No amendment to this chapter which involves matters portrayed on the Town Zoning Map shall become effective until such change and entry have been made on said Map and a copy of said map change has been filed with the Town Clerk, which copy shall be open to review by the general public. The Town Clerk shall file a certificate of the establishment of such Map and adoption of any amendments thereto in accordance with Article 16 of the New York State Town Law.

[1] Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

§ 520-7 Interpretation of zoning district boundaries.

A. Where uncertainty exists in making a determination as to the boundaries of any of the aforesaid mentioned districts as shown on said Town Zoning Map, the following rules shall apply:

(1) Where district boundaries are indicated as approximately following the center line or right-of-way lines of streets, alleys, highways, railroads or streams, such lines shall be construed to be such district boundaries.

(2) Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. If a district boundary divides a lot into two or more districts, the entire lot shall, prior to the issuance of any building permits for said lot, be placed in the district in which it is most compatible based on an evaluation of lot characteristics and a recommendation by the Planning Board to the Town Board.

(3) Where district boundaries are not indicated as approximately following the items listed in Subsection A(1) or (2) above, the boundary line shall be determined by use of the scale designated on the Town Zoning Map.

B. Whenever any street, alley or other public way is abandoned or vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of the former right-of-way, and all of the area included in the vacancy shall then be subject to all regulations of the extended districts.

C. In the event that none of the above rules are applicable, the location of such boundary, unless the same is indicated by dimension on the Town Zoning Map, shall be determined by the Town Board upon recommendation of the Planning Board.

§ 520-8 Amendments.

A. Purpose. This chapter may be amended by changing the boundaries of a district (rezoning of land) or by changing any text provision herein, whenever the public necessity or convenience or the general welfare requires such amendment, and in accordance with the purpose and intent of the Town of Hamlin Comprehensive Plan, as amended by the Town Board, by following the procedures listed below.

[Amended 2-10-1997 by L.L. No. 1-1997]

B. Authorization to initiate. An amendment to the text or the Town Zoning Map may be initiated by:

(1) Resolution of intention of the Town Board.

(2) Resolution of intention of the Planning Board.

(3) Application by one or more property owners or their agents.

C. Application. A property owner or owners or his agent(s) may initiate a request for an amendment to this chapter by filing an application with the Town Clerk, using forms provided by the Town for such requests. Such application shall be accompanied by a legal description of the property or properties affected and a map showing the property or properties affected, as well as all properties within a radius of 500 feet of the boundaries thereof. Such application shall be referred to the Town Board for its consideration and further action.

D. Referral to Planning Board. The Town Board may refer an application for a zoning amendment to the Planning Board, when such was not initiated by such Board, for review and recommendation. The Town Board may also specify the time limit on the review by the Planning Board.

E. Public hearing. A public hearing shall be held by the Town Board before an amendment is permitted. Notice of said hearing shall be provided in accordance with the rules and regulations for such hearings with the Town Board.

F. Hearing before Town Board. In no case shall any amendment or change to this chapter or the Town Zoning Map be finally considered by the Town Board until all provisions of this chapter have been met. If the Town Board proposes to adopt an amendment that is substantially altered from the recommendation of the Planning Board, the Town Board may refer said proposed amendment back to the Planning Board for report and recommendation, prior to final adoption.

G. Notification of decision. The Town Board shall notify the applicant for amendment in writing of the Board's decision within five business days after the decision has been rendered.

H. Records. The Town Clerk shall maintain separate files and records of each amendment to the Town Zoning Map or this chapter, which shall be open to the public for inspection during normal business hours.

§ 520-9 Word usage and definitions.

A. General word usage. If not inconsistent with the context, the singular may be taken for the plural, and the plural for the singular; the word "person," "owner" or "occupant" may include more than one, an association, a copartnership or a corporation.

B. Specific terms defined. Unless the context of this chapter specifies or requires otherwise, the following definitions of words and phrases shall be used in the interpretation of this chapter:

ACCESSORY PERMITTED USE

Those uses requiring a permit subject to approval by the Zoning Board of Appeals and only when the specific conditions and criteria enumerated in this chapter are met.

ACCESSORY STRUCTURE

A structure or a portion of a main structure located on the same premises and incidental to the main structure.

[Amended 2-10-1997 by L.L. No. 1-1997]

AGRICULTURAL BUSINESS

A business engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including corn shelling; hay baling and threshing; sorting, grading and packing fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; crop dusting; fruit picking; grain cleaning; land grading; harvesting; and plowing.

AGRICULTURE

The use of land for agricultural purposes, including tilling of the soil, dairying, pasture, apiculture, arboriculture, aquaculture, horticulture, floriculture, viticulture, forestry, animal and poultry husbandry, and the necessary accessory uses for packing or storing of products, provided that the operation of any such accessory uses shall be secondary to that of normal agricultural activities, and conducted in accordance with the New York State Agriculture and Markets Law.

[Amended 2-10-1997 by L.L. No. 1-1997]

ANTENNA

Any radio, television or citizens' band antenna itself, as well as the structural members used to support such antenna, excluding nonrigid wires.

APARTMENT

A dwelling unit in a building which comprises more than three dwelling units, each of which has an entrance to a hallway or balcony in common with at least one other dwelling unit.

APARTMENT HOUSE

A building containing three or more residential units, each of which contains separate housekeeping facilities, and usually certain common mechanical conveniences, such as a central heating plant, elevator, garbage disposal, etc.

BED-AND-BREAKFAST FACILITY

An owner-occupied building used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities within the facility to serve breakfast to transient guests.

[Added 2-11-2008 by L.L. No. 2-2008]

BERTH

A waterside area adjoining any structure, dock or pier, the purpose of which is the storage of a boat, yacht or any floating craft.

BERTHING AND MOORING FACILITY

A waterside area consisting of one or more structures, docks, piers, or a combination thereof, used for the berthing or mooring of boats, yachts or other floating craft, whether manually, mechanically or sail powered.

BOARDINGHOUSE or LODGING HOUSE

Any dwelling wherein guests for hire are accommodated, with rooms and/or food, in excess of five persons.

BOATHOUSE

Any building or similar superstructure used primarily for the storage and the sheltering of watercraft, including such subordinate uses customarily incident to such primary use.

BUFFER AREA

A unit of land, together with a specified type and amount of plantings thereon, and any structures or land forms which may be required between land uses to eliminate or minimize conflicts between them.

BUILDING

A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.

[Amended 2-10-1997 by L.L. No. 1-1997]

BUILDING, MUNICIPAL

Any one or more of the following uses, including grounds necessary for their use, and accessory buildings:

(1) Public libraries and museums.

(2) Government buildings (Town, county, state or federal).

BUSINESS

A purchase, sale or transaction involving the disposition of any article, substance, commodity or service, offices or recreational or amusement enterprise conducted for profit.

CABANA

A lightweight structure, with at least one side open to the outdoors, which serves as an accessory structure to a principal residential use.

CAMP TRAILER

A portable unit, mounted on wheels and constructed with collapsible partial side walls which fold, for towing by another vehicle.[1]

CLUB

Membership recreational building, but not including a club, the chief activity of which is a service customarily carried on as a business.[2]

CORNER LOT

A lot or portion of a lot at the junction of, and abutting on, two intersecting streets.[3]

DOCK

Any dock, wharf, structure or fixed platform extending out over the water, built on floats, columns, open timber, piles or similar open-worked supports.

DUPLEX

A residential building on a single lot consisting of two one-family units having a common wall between the units with private outside entrances, separate front and rear yards and separate utilities.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997]

DWELLING

Any building or portion thereof containing one or more dwelling units.

[Amended 2-25-2015 by L.L. No. 4-2015]

DWELLING UNIT

One or more rooms constituting a separate, independent housekeeping unit for ownership or lease or rent, designed for occupancy by one family and physically independent of any other group of rooms or dwelling units which may be in the same structure, and containing independent cooking, sanitary and sleeping facilities.

FAMILY

Any number of individuals living together as a single housekeeping unit, using rooms and housekeeping facilities in common.

[Amended 2-10-1997 by L.L. No. 1-1997]

FARM

As detailed in the New York State Agriculture and Markets Law, not less than 10 acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more; or not less than 10 acres of land used in the preceding two years to support a commercial horse boarding operation with annual gross receipts of $10,000 or more.

[Amended 2-10-1997 by L.L. No. 1-1997]

FARM LABOR CAMP

A labor camp housing facility, building or buildings in which people are housed who are employed in the individual farmer's personal farming operation.

FENCE

Any fence or brick or stone wall located outside of the area bounded by the front building foundation line and the side and rear setback requirements.

[Amended 9-20-1994 by L.L. No. 3-1994]

FIREARM

Any gun, shotgun, rifle, pistol, revolver, bow and arrow or other device from which a bullet, shot, ball, slug, pellet, solid projectile or other missile is propelled.

[Added 9-20-1994 by L.L. No. 3-1994]

FLAG LOT

A parcel of land which does not abut a public street except for a strip of land on which a private access drive is located.

FRONT YARD

A yard situated on the same lot as a principal building or use, situated between the street line and the nearest wall of the principal building unless otherwise indicated.

GARAGE, PRIVATE

A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:

(1) Not more than one space is rented for parking to persons not resident on the premises.

(2) Not more than three commercial vehicles per dwelling unit are parked or stored.

(3) The commercial vehicle permitted does not exceed two tons in weight.

GARAGE, PUBLIC

A principal or accessory building, other than a private garage, used for parking or temporary storage of passenger automobiles and in which the service shall be provided for remuneration.

GARDEN APARTMENT

A multiple dwelling or group of multiple dwellings containing dwelling units, occupying not more than 35% of the area of the site or plot on which such dwelling or dwellings are situated.

[Added 2-10-1997 L.L. No. 1-1997]

GASOLINE STATION

Buildings and premises used for the conduct of a business, the primary purpose of which is the selling and dispensing, at retail, of gasoline and other motor fuel, grease, oil and automobile accessories, and which may include as an accessory use the minor servicing of motor vehicles, including the greasing, oiling and minor repairs of such vehicles. Such buildings or premises may contain no more than two bays within which work or service is performed. Excluded from the use of such buildings or premises are the following:

(1) Major mechanical work (including transmission repair, engine rebuilding, etc.) and body work.

(2) Welding.

(3) Painting.

(4) Open storage of unlicensed or junk vehicles.

(5) The storage of parts and accessories, except when stored in an enclosed building.

GOLF COURSE

Any private, semiprivate or publicly owned course, consisting of at least nine golf holes of conventional design and distances.

[Added 9-20-1994 by L.L. No. 3-1994]

GROUND-MOUNTED SOLAR ENERGY SYSTEMS

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.

[Added 5-8-2017 by L.L. No. 3-2017]

GUN CLUB, SHOOTING RANGE or ARCHERY RANGE

An outdoor facility, which may or may not include accessory buildings, used for the discharge of firearms at a fixed mark or target.

[Added 9-20-1994 by L.L. No. 3-1994]

HARBORING OF DOGS ACCESSORY PERMIT

Issued by the Town Clerk for harboring of more than three adult dogs or litter of more than two pups for over six months at a private residence and not for remuneration.

[Added 2-10-1997 by L.L. No. 1-1997]

HEIGHT OF STRUCTURE

The vertical distance from the average grade, as measured three feet from the foundation, to the average height of the highest roof surface.

[Amended 4-9-2012 by L.L. No. 4-2012]

HOME OCCUPATION

(1) Any use which:

(a) Is carried on wholly within the enclosed walls of the principal building exclusive of accessory structures and does not use more than 25% of the floor area.

(b) Is carried on by a member of the family in the dwelling unit.

(c) Is clearly incidental and secondary to the use of the dwelling for residential purpose.

(d) Does not generate traffic beyond that normally expected in a residential neighborhood.

(e) Does not create noise, dust, vibration, odor, glare, fumes or electrical interference detectable by the normal senses of persons off the premises.

(2) Office-type work performed by an individual in his home, such as work on a computer or by phone, where such individual has no clients or customers coming to his home, shall not be deemed a home occupation.

[Added 5-14-2009 by L.L. No. 1-2009]

INDUSTRY

Storage, manufacture, preparation or repair of any article, substance or commodity.[4]

JUNK

Includes, but shall not be limited to, any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition as to be generally unusable in its existing state. This definition shall include but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, motor vehicle parts and used tires.

[Added 8-8-2005 by L.L. No. 6-2005]

KENNEL

A property or structure used for the boarding, breeding or day care of six or more domesticated animals for commercial purposes.

[Added 7-13-2015 by L.L. No. 6-2015]

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.

[Added 5-8-2017 by L.L. No. 3-2017]

LITTORAL

Refers to shoreline.

LOT

A parcel of land under separate ownership or a parcel as designated on a plot plan as a unit and recorded in the Monroe County Clerk's office, and which is devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

LOT AREA

Except for the computation of area required for the keeping of animals and poultry, lot area shall mean the computed area contained within the lot lines, said area to be exclusive of street or alley rights-of-way or future rights-of-way, if such have been determined. For purposes of computing lot area for the keeping of animals and poultry (other than hens and chickens), lot area shall include the area of a deeded lot within the right-of-way of any street, highway or alley and future rights-of-way if such have been determined.

[Amended 6-11-2012 by L.L. No. 6-2012]

LOT LINE

A line bounding a lot which divides one lot from another or from a street or any other public or private space.

LOT WIDTH

The mean horizontal distance between the side lot lines measured at right angles to those side lot lines at the building line. Where there is only one side lot line, the lot width shall be measured between such lot line and the opposite lot line or future right-of-way.

MARINA

A mooring and dock area for boats that may include repair facilities, gas, water, supplies and/or other conveniences to boat owners.

METEOROLOGICAL (MET) TOWER

A tower erected for a limited period of time for the purpose of obtaining data relevant to wind speed and direction.

[Added 6-12-2006 by L.L. No. 6-2006]

MOBILE HOME

A dwelling which is partially or fully assembled in a factory and built on a permanent chassis, transported to a lot in one or more sections and designed to be occupied when placed on a lot and connected to utilities. A mobile home shall continue to be defined as a "mobile home" whether or not wheels, axles, hitches or other appurtenances of mobility are removed and regardless of the nature of the foundation provided.

MOBILE HOME PARK

An area set up to accommodate mobile homes.

MULTIPLE DWELLING

Any building designed to house two or more families.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NONCONFORMING USE

A use or activity, which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

OCCUPIED

Includes "designated" or "intended to be occupied."

ONE-STORY RESIDENTIAL BUILDING

A building having a vertical distance between floor and ceiling of not less than seven feet six inches, on one level of floor, not including the basement or cellar, the measurement of such vertical distance being made along the studs forming each of the exterior walls.

OPEN SPACE

An area unoccupied by any building, structure or parking area, whether paved or unpaved, and which may be inclusive of any required yard areas or setbacks.

PARKING SPACE

A permanently surfaced and marked area for the parking of a motor vehicle.

PERGOLA

Any structure usually consisting of parallel colonnades which support an open roof of girders and cross rafters which serves as an accessory structure. The term "pergola" includes any arbor-like structure which has overall dimensions exceeding four feet in width by four feet in length.

[Added 9-14-2009 by L.L. No. 4-2009]

PIER

Any structure extending out over the water built upon fill, which shall include, but shall not be limited to, earth, clay, silt, sand, gravel, stone, rock, shale, concrete (whole or fragmentary), ashes, cinders, slag or metal, whether or not enclosed, or containing:

(1) Cribs, crib work of wood, timber, logs, concrete or metal.

(2) Bulkheads and cofferdams of timber sheeting, bracing and piling or steel sheet piling, or steel H piling separately or in combination.

POND

A natural or man-made body of standing water, which does not disappear completely with fluctuations in the amount of rain or drainage received, and which contains, on average, at least 12 inches of water year round.

PREMISES

A lot, plot or parcel of land unoccupied or occupied by one structure and its accessory structures, including the open spaces required by this chapter.

PROFESSIONAL OFFICE

The office of a lawyer, doctor, dentist and any person performing any activity or service licensed pursuant to the provisions of the Education Law of the State of New York. Office-type work performed by an individual in his home, such as work on a computer or by phone, where such individual has no clients or customers coming to his home, shall not be deemed a professional office.

[Amended 5-14-2009 by L.L. No. 1-2009]

REAR YARD

A yard on the same lot as the principal building or use, situated between the rear line of the lot and the nearest wall of the principal building unless otherwise indicated.

RECREATIONAL VEHICLE

A vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.

RESTAURANT

A permanent building used for the serving of meals, with table or counter and chair facilities. "Fast food" shall mean restaurants where there is no table or sit-down counter waiting service and where all or a portion of the food is prepared and wrapped, boxed, bagged or prepackaged and where the customer places an order at a common counter by waiting in line or by being served through a sequential numbering system and consumes the food either at tables provided in or adjacent to the building, in his vehicle or elsewhere.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar panel system located on the roof of any legally permitted building or structure for the primary purpose of producing electricity for on-site consumption.

[Added 5-8-2017 by L.L. No. 3-2017]

SENIOR CITIZEN

A person 55 years of age or older.

[Added 10-11-2004 by L.L. No. 3-2004]

SETBACK

The least distance from the side, rear or front line of a lot to the side, rear or front building line of any building located or to be located thereon.

SIDE YARD

A yard on the same lot as the principal building, situated between the side line of the lot and the nearest wall of the building and bounded by the front and rear building lines.

SIGN

Any notice or advertisement, pictorial or otherwise, used as a display for the purpose of advertising the property or the establishment of enterprises, including goods and services, upon which the sign is exhibited. This definition shall not include official notices issued by a court or public body or officer or directional, warning or informational signs or structures required by law or by federal, state, county or Town authority.

[Amended 3-4-1992 by L.L. No. 2-1992; 5-13-2002 by L.L. No. 2-2002]

SIGN, AGRICULTURAL

A sign to advertise agricultural products, services or goods not to be displayed exceeding four months within a year.

[Added 5-13-2002 by L.L. No. 2-2002]

SIGN, FREESTANDING

A self-supporting sign resting on or supported by means of poles, trailers, vehicles, or standards or any other type of base on the ground independent of a structure.

[Amended 5-13-2002 by L.L. No. 2-2002]

SIGN SIZE

The largest rectangle that is required to enclose the sign, including any frame or panel signs of individual letters, but excluding supports, braces or guys. The size shall refer to the background area of any face of a sign that can be seen at any one time.

[Amended 5-13-2002 by L.L. No. 2-2002]

SIGN, WALL

A sign which is affixed to an exterior wall of a building or structure and which projects from the building wall to which it is attached.

[Amended 5-13-2002 by L.L. No. 2-2002]

SINGLE APARTMENT IN A SINGLE-FAMILY DWELLING

An apartment within a single-family dwelling in which the owner or owners of the premises reside on the premises and are the primary occupants of the dwelling, and in which all utilities are shared with a single electrical meter, single gas meter and single water meter, and which meets the further requirements set forth in § 520-40 herein. A single apartment in a single-family dwelling is allowed in certain zoning districts with a special use permit issued by the Planning Board.

[Added 3-11-2013 by L.L. No. 1-2013]

SMALL-SCALE SOLAR ENERGY SYSTEM

Any solar energy system which is not a large-scale solar energy system.

[Added 5-8-2017 by L.L. No. 3-2017]

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

[Added 5-8-2017 by L.L. No. 3-2017]

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

[Added 5-8-2017 by L.L. No. 3-2017]

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

[Added 5-8-2017 by L.L. No. 3-2017]

SPECIAL PERMITTED USE

Those uses that have some special impact or unique form which require a case-by-case review of their location, design, configuration and impact to determine, against fixed standards, the desirability of permitting their establishment on any particular site. Such uses require a special use permit issued by the Planning Board when the specific conditions and criteria set forth in this chapter are met.

[Amended 3-12-2001 by L.L. No. 1-2001]

STABLE

The premises on which horses, ponies or similar types of animals are kept or fed, including barns.

STABLE, PRIVATE

A stable which is an accessory use for the family which resides on the premises and on or at which horses, ponies or similar types of animals are kept or fed, but not for remuneration, sale or hire.

STABLE, PUBLIC

A stable on or at which horses, ponies or similar types of animals are kept or fed for remuneration, hire or sale.

STORY

The vertical distance from floor to ceiling.

STORY-AND-ONE-HALF RESIDENTIAL BUILDING

A building having a vertical distance between floor and ceiling of not less than seven feet six inches on the first level or floor and having a vertical distance between floor and horizontal ceiling of not less than seven feet nor more than nine feet on the upper level or floor and a vertical distance of not less than three feet six inches along the studs forming the exterior walls being set or erected not less than 2/3 the distance apart of the exterior walls of the first level or ground floor; not including the basement, cellar or wings of one story.

STREAM

All streams, year-round or seasonal, designated on the Official Town of Hamlin Wetlands Map.[5]

[Added 11-4-1992 by L.L. No. 9-1992]

STREET LINE

A dividing line between a street or highway and the premises fronting thereon.

STRUCTURALLY ALTERED

In addition to its other ordinary applications, any alteration whereby a building or other structure is adapted to another or a different use and any alteration or repair which would violate any of the regulations applicable in the district wherein the same is located, if said building or other structure was entirely constructed or so altered or repaired, at the time such alterations or repairs are made.

STRUCTURE

A building or anything constructed or erected which requires temporary or permanent location on or the support of the soil or which is attached to any structure. The word "structure" shall include swimming pools which can accommodate a depth of three feet of water at their deepest point and prefabricated homes assembled on site. It shall also include any pier, wharf, dolphin, dock, weir, boom, breakwater, bulkhead, revetment, jetty, permanent mooring structure, power transmission line, pilings, aids to navigation or other obstacle or obstruction.

SUBDIVISION

The division of a parcel of land into two or more lots, blocks or sites, with or without streets or highways, described by the metes and bounds and a reference map or survey of the property or by any other methods of description for the purpose of sale, lease, license or any other reason. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. To qualify as a conforming subdivision, the subdivision must be approved by the Town Planning Board and other appropriate government agencies and recorded with the Monroe County Clerk’s office. Notwithstanding the foregoing, the creation of a lot that is created simply by combining two or more contiguous lots, and any plat consisting solely of alteration of lot lines in which there is no increase in the nonconformity of the area requirements or setback requirements of any resulting lot, does not constitute a “subdivision,” but shall be subject to review and approval by the Planning Board.

[Amended 2-10-1997 by L.L. No. 1-1997; 4-9-2012 by L.L. No. 5-2012]

SWIMMING POOL

Any artificial pool of water constructed, installed or maintained in ground or above ground which is designed to contain water to a depth of 18 inches or more and intended to be used for swimming, bathing or wading.

TOPSOIL

Natural, fertile, agricultural soil, capable of sustaining vigorous plant growth, of uniform composition throughout, without a mixture of subsoil, free of stones, roots, lumps, plants, sticks or other extraneous matter.

[Added 3-4-1992 by L.L. No. 2-1992]

TOPSOIL MIXTURE

[Added 3-4-1992 by L.L. No. 2-1992]

(1) Consists of 2/3 topsoil and 1/3 peat humus, thoroughly mixed, with no visible separation of materials prior to placement.

(2) Topsoil for topsoil mixture shall contain not less than 6% organic matter as determined by loss on ignition of moisture-free samples dried at 100° C. There shall not be less than 20% nor more than 65% passing a two-hundred-mesh sieve as determined by wash test made in accordance with the standard test ASTM Designation D 1140.

TOWNHOUSE

A residential building consisting of a series of noncommunicating, individually owned one-family units having a common party wall between each unit, with private outside entrances, separate front and rear yards and separate utilities and located on a separate recorded lot.

TRAVEL TRAILER

A vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 38 feet when factory-equipped for the road.

TRUCK CAMPER

A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:

(1) SLIDE-IN CAMPER A portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.

(2) CHASSIS-MOUNT CAMPER A portable unit designed to be affixed to a truck chassis.

TWO-STORY RESIDENTIAL BUILDING

A building having a vertical distance between floor and ceiling of not less than seven feet six inches on the first floor level or floor and having a vertical distance between floor and horizontal ceiling of not less than seven feet nor more than nine feet on the upper level or floor and a vertical distance along the studs forming each of the exterior walls of the upper level above the floor of not less than five feet average and such walls being set or erected not less than the distance apart of the exterior walls of the first level or ground floor, not including the basement, cellar or wings of one story.

USE

The purpose for which any structure or part thereof and the premises or any part thereof is occupied or intended to be occupied or, if either is unoccupied, the purpose for which it may be occupied.

USE, CHANGE OF

A change in the nature of occupancy or use of any principal building or structure that requires the issuance of a building permit and certificate of occupancy from the Town Building Inspector. A "change of use" shall not include a similar use that can occupy a principal building or structure with only minor remodeling or repair work and that does not require the issuance of a building permit and new certificate of occupancy.

USE, TEMPORARY

One established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

VARIANCE

Permission to depart from the literal requirements of this chapter, as granted by the Town Zoning Board of Appeals.

WATER BODY

Any body of standing water (natural or man-made) which is not dry more than three months of the year and which has a ground surface of two acres or more.

[Added 11-4-1992 by L.L. No. 9-1992]

WATER-DEPENDENT USE

A use that requires direct access to the water in order to function.

WETLANDS

All areas as designated on the Official Town of Hamlin Wetlands Map[6] that are not defined as streams or water bodies greater than two acres.

[Amended 11-4-1992 by L.L. No. 9-1992]

WIND ENERGY CONVERSION SYSTEM (WECS)

A WECS structure, or wind turbine, converts the kinetic energy of the wind into a usable form of electrical or mechanical energy and includes all parts of the system, including the tower and the transmission equipment.

WIRELESS TELECOMMUNICATION FACILITIES

As defined in Chapter 506 of the Code of the Town of Hamlin.[7]

[1] Editor's Note: The definition of "cellular and communications towers," added 2-10-1997 by L.L. No. 1-1997, which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now "wireless telecommunication facilities."

[2] Editor's Note: The definition of "condominium," added 2-10-1997 by L.L. No. 1-1997, which immediately followed this definition, was deleted 2-12-2007 by L.L. No. 5-2007.

[3] Editor's Note: The definition of "corral," which immediately followed this definition, was repealed 9-20-1994 by L.L. No. 3-1994.

[4] Editor’s Note: The former definition of "in-law apartment," as added 3-4-1992 by L.L. No. 2-1992 and amended 3-12-2001 by L.L. No. 1-2001, which immediately followed this definition, was repealed 3-11-2013 by L.L. No. 1-2013.

[5] Editor's Note: The Wetlands Map is on file in the office of the Town Clerk.

[6] Editor's Note: The Wetlands Map is on file in the office of the Town Clerk.

[7] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Other terms and phrases. Other terms and phrases not specifically defined in this section but defined in the New York State Uniform Fire Prevention and Building Code applicable to general building construction will have the meanings ascribed therein. All other words not specifically defined and used in this section shall carry their customary meanings.