[Added 6-22-2004 by L.L. No. 15-2004]
[1]
Editor's Note: Original Art. IX, Business C District (Neighborhood Business), of the 1976 Code, as amended, was repealed 12-14-2004 by L.L. No. 53-2004.
The intent of the Hamlet Residential (HR) Zoning Use District is to allow for low-density single-family residential development and medium-density single-family residential development with transferred development rights.
In the HR Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A. 
Permitted uses:
(1) 
Dwelling, one-family.
(2) 
Parks and playgrounds, noncommercial.
(3) 
Attached single-family dwelling units.
(4) 
Agricultural production, including but not limited to the following:
[Added 8-7-2007 by L.L. No. 23-2007]
(a) 
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
(b) 
Fruits, including apples, peaches, grapes, cherries and berries.
(c) 
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
(d) 
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(e) 
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.
(f) 
Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.
(g) 
Commercial horse-boarding operations.
B. 
Specially permitted uses, by special permit of the Town Board:
(1) 
Bed-and-breakfast.
(2) 
Day-care facility conducted in a residence.
(3) 
Overhead electrical power transmission and distribution lines in excess of 13 kilovolts.
(4) 
Nursery school when conducted in a residence.
(5) 
Home occupations or professions conducted within an accessory building by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
(6) 
Small animal rehabilitation conducted by licensed rehabilitators. The licensed rehabilitator shall also be a resident thereof. Small animals shall include rabbits, squirrels, possums, turtles and birds. In addition to the items to be considered in connection with a special permit by the Town Board as set forth elsewhere under Chapter 301, the applicant for a special permit shall establish the following:
[Added 9-6-2017 by L.L. No. 18-2017]
(a) 
The rehabilitation area is not greater than 750 square feet.
(b) 
The rehabilitation area shall be completely enclosed.
(c) 
The applicant is a licensed New York State DEC rehabilitator.
(d) 
The applicant does not charge any fee for services.
(e) 
The applicant may not have any paid employees or staff. Nothing herein shall prevent the applicant from having assistants that are not paid.
(f) 
No sign shall be posted upon the premises designating it as a small animal rehabilitator.
(g) 
The rehabilitation area shall not be open to the public.
(h) 
All waste from the small animals shall be placed in closed containers and disposed off site not less than two times weekly.
C. 
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses when located on the same lot. Specifically permitted are the following:
(1) 
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
A. 
Location.
(1) 
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a) 
In a front yard.
(b) 
In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building.
(c) 
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
(d) 
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2) 
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B. 
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
No dwelling shall be erected unless provisions shall be made therein as follows:
A. 
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area for the first story.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
A. 
Purpose and intent. It is the purpose of this article to encourage cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of residential lots and environmentally sensitive lands.
B. 
In order to accomplish the clustering of residential lots within the HR Zoning Use District, an applicant for subdivision shall provide a standard yield plan and a cluster plat, which succeeds in preserving natural features and the community character of a traditional residential neighborhood to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:[1]
(1) 
The location of wooded areas;
(2) 
The location and extent of natural features;
(3) 
The general topography and the location and extent of sloped areas;
(4) 
The spatial relationship of the property to contiguous or neighboring preserved agricultural land;
(5) 
The general stormwater tributary area and the extent and direction of overland drainage.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).
The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.