No site or structure shall be used, no structure shall be erected
and no existing structure shall be moved, altered or enlarged except
in conformity with the regulations for the district in which the site,
structure or use is located. Where this chapter imposes greater restrictions
than those imposed or required by other rules, regulations, ordinances,
or laws, the provisions of this chapter shall control.
The districts established by this Zoning Local Law, and subject
to future amendments, shall be as follows:
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R
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Residential District
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MR
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Multiple-Residence District
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C
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Commercial District
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CB
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Central Business District
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LC
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Limited Commercial District
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I
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Industrial District
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L-1
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Light Industrial District
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PRD
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Planned Residential Development District
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PRD-S
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Planned Residential Development District - S
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The boundaries for each district listed as part of this chapter
are the boundaries indicated for the district by the map entitled
"The Official Zoning Map of the Village of Hilton," dated with the
effective date of this chapter, which is hereby adopted by reference
and declared to be part of this chapter, and hereinafter known as
the "Zoning Map."
There shall exist only one Official Zoning Map which shall be
kept in the office of the Village Clerk, and it shall bear the seal
of the Village of Hilton, a certification that it is the Official
Zoning Map of the Village of Hilton and its date of adoption. Said
Zoning Map shall be on a material suitable for reproduction by a dry
diazo copier or equivalent process. Copies of this Map, which may
from time to time be published and distributed, would be accurate
only as of the date of their printing and shall bear words to that
effect. Changes made in district boundaries or other matters portrayed
on the Official Zoning Map under the provisions of this chapter shall
be permanently affixed to the Official Zoning Map promptly after the
amendment has been approved by the Village Board and shall convey
information as to the date and the nature of the change. No amendment
to this chapter which involves matter portrayed on the Official Zoning
Map shall become effective until such change and entry has been made
on said Map and has been attested to by the Village Clerk. Should
the Official Zoning Map become damaged, destroyed, lost or difficult
to interpret because of the changes and additions, the Village Board
may, by resolution, adopt a new Official Zoning Map to supersede the
former Map. The new Official Zoning Map shall be attested in the same
manner as the prior Map and shall bear a statement which explains
that it supersedes the prior Map and gives the dates of adoption of
both the prior Map and the new Official Zoning Map. If possible, the
prior Map and the records of its adoption and amendments shall be
preserved; and whenever the prior map exists, it shall have the word
"SUPERSEDED" prominently displayed thereon.
All zoning district boundaries shall follow property lines,
center lines of streets, railroads, alleys, corporate limits or streams,
unless otherwise located by appropriate reference in the Official
Zoning Map. In the event that the above rule is not applicable, the
location of such boundary will be dimensioned.
[Amended 2-6-1978 by L.L. No. 2-1978; 7-5-2005 by L.L. No.
3-2005; 11-8-2011 by L.L. No. 6-2011]
A.
Except as otherwise expressly provided in this chapter, no animals,
fowl or poultry shall be housed or kept on any lot other than customary
household pets.
B.
Swimming pools. Private swimming pools are permitted in the Residential,
Multiple Residential and the Limited Commercial Districts, provided
that there is an existing residence on said lot and that said pool
is located in the rear yard no closer than eight feet to the side
or rear property lines, if a one-family or two-family residence. For
multiple residences, the location shall be subject to site plan approval,
with the objective being that the pool shall be unobtrusive. All sides
of said pool are to be enclosed by fences at least four feet high,
and approved by the Zoning Board of Appeals. If a pool is constructed
entirely or partly four feet high, a fence shall not be required.
Each entrance to said pool shall be provided with opening devices
and locks so located to prevent access by small children. Underwater
lighting and exterior lighting directed and shielded from any adjoining
property is permitted. All overhead utilities are prohibited over
the pool area. Pools may not be drained into sanitary sewers or septic
systems. Plans must be approved and a permit issued by the Code Enforcement
Officer prior to construction.
C.
Storage of vehicles, campers, RV trailers and boats. Motor vehicles,
trailers, campers or boats and other recreational vehicles may be
stored on a lot outside, if the following conditions are met:
[Amended 10-5-2021 by L.L. No. 4-2021]
(1)
They
are behind the front plane of the principal dwelling and within the
side and rear setbacks applicable to said lot, with the exception
of April 1 through November 1 when they may be in a front area driveway
of any residential or business lot.
(2)
At
no time can recreational vehicles, trailers or boats be parked or
stored in the driveway that would be closer than 15 feet distant from
the nearest street, curb or edge of pavement.
(3)
A maximum
of one ancillary vehicle, recreational vehicle or boat may be stored
outside on any residential lot.
(4)
The
vehicle must be owned by a full-time resident of the property.
(5)
Recreational
vehicles shall not have fixed connections to electricity, water, gas
or sanitary facilities, nor shall recreational vehicles at any time
be used for living or housekeeping purposes while on the premises.
(6)
Any
such recreational vehicle shall be kept in good repair and in working
condition, with current license plate and/or registration, unless
stored within a garage.
B.
Stripping of topsoil. Soil stripping and the sale or disposition
of topsoil, except for use on the premises from which it comes, is
prohibited except for lawful excavations for cellars and other structures.
C.
Storing and dumping of refuse. The storing or dumping of refuse,
waste material or other substances is prohibited in all districts
within the Village.
D.
Sidewalks. Obstructing the free passage of a public sidewalk in any
manner or by any means is prohibited.
[Amended 9-6-2011 by L.L. No. 3-2011]
E.
Outdoor wood furnaces. The construction and/or operation of any outdoor
wood furnace is prohibited in all districts within the Village of
Hilton.
[Added 4-3-2007 by L.L. No. 4-2007]
F.
Dogs.
[Added 5-2-2017 by L.L.
No. 2-2017; amended 8-7-2018 by L.L. No. 3-2018]
(1)
It shall be unlawful to permanently keep or harbor more than three dogs which are more than four months of age within the confines of any lot within the Village of Hilton, unless the property owner or resident complies with the provisions of Subsection F(2) of this section.
(2)
A property owner or resident may apply for a special permit to retain
more than three dogs on his/her premises.
(a)
A separate application shall be made for each dog in excess
of three on any given premises at any given time, shall specifically
identify each dog and shall be specific to each dog.
(b)
Said application shall be made to the Zoning Board of Appeals
(ZBA), which shall review applications on a case-by-case basis.
(c)
The ZBA shall consider the effect on the character of the neighborhood
in the event additional dogs are permitted to remain on the property
owner's or resident's premises.
(d)
A property owner or resident applying for a special permit must
have had no violations of Chapter 9 of the Parma Town Code during
the 12 months prior to the application.
(e)
In the event a permit is granted by the ZBA, the permit shall
be specific to the dog identified in the application and will terminate:
[1]
Upon the death or removal from the property owner's or resident's
premises of any dog for whom the permit was issued;
[2]
Upon the death or relocation from the premises (even if to a
location within the Village of Hilton) of any property owner to whom
the permit was issued;
[3]
Five years following the date the permit was issued.
(f)
The permit may be revoked by the ZBA in the event that the property
owner is convicted of two violations of Chapter 9 of the Parma Town
Code within any twelve-month period; or if any dog owned by the property
owner or resident is determined to be a dangerous dog pursuant to
Chapter 9 of the Town of Parma Code or the New York State Agriculture
and Markets Law; or for good cause, as determined by the Zoning Board
of Appeals, based upon the health, safety and best interests of the
neighborhood and community.
[Added 2-4-2014 by L.L. No. 1-2014]
The following rules of construction of language shall apply
to the text of this chapter.
A.
Words used in the present tense include the future tense.
B.
Words used in the singular include the plural, and words used in
the plural include the singular.
C.
The word "lot" includes the word "plot," "parcel," or "tract."
D.
The word "person" includes an individual, firm or corporation.
E.
The word "shall" is always mandatory.
F.
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
G.
Any reference to a residence or residential district shall be interpreted
to mean any district that permits residential use.
H.
A "building" or "structure" includes any part thereof.
I.
The words "to erect," "to construct" and "to build" a building have
the same meaning and include "to excavate" for a building, and "to
relocate" a building by moving it from one location to another.
J.
The word "premises" includes a lot and all the buildings thereon.
[Amended 2-6-1978 by L.L. No. 2-1978; 11-5-1979 by L.L. No.
2-1979; 3-17-1986 by L.L. No. 3-1986; 3-3-1997 by L.L. No.
3-1997; 4-1-2004 by L.L. No. 2-2004; 2-4-2014 by L.L. No.
1-2014]
The following words and phrases as used in this chapter are
defined as indicated:
A structure, or a portion of a main structure, or a use located
or carried on the same premises and incidental and subordinate to
the main structure or use which customarily accompanies or is associated
with such main use and structure, not intending to include, however,
auxiliary service equipment, such as air conditioners, air compressors,
water pumps, electric generators and the like.
A building arranged, intended or designated to be occupied
by three or more resident households living independently of each
other. An "apartment house" is a structural definition and applies
irrespective of how the individual dwelling units therein are offered
for sale or rental.
That portion of a building that is partly or entirely below
grade level.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
Space reserved for use by any and all residents of a housing
development such as halls, stairways and landings in apartment houses
and open space.
A building or groups of buildings in which units are owned
individually and common areas and facilities are owned by the owners
of individual units.[1]
The raising of agricultural products, including livestock,
poultry, dairy products, farm crops, fruit and vegetables, and nursery
stock, whether for gain or otherwise. The term includes livery or
boarding stables and kennels, but does not include the manufacturing
or processing of agricultural products as a principal use.
An occupation or a profession which:
Is carried on wholly within the enclosed walls of dwelling;
Is carried on by a member of the family in the dwelling;
Is clearly incidental and secondary to the use of the dwelling
for residential purposes;
Employs not more than one person outside the family; and
Expressly excludes repair of gasoline or diesel engines or motors
which are not owned by one of the residents of the property for his
own use.
The storage, manufacture, preparation, processing or repair
of any article, substance or commodity and the conduct of any industrial
trade, but not such preparation, processing or repair as is customarily
applied to articles, substances or commodities in retail businesses
or trade for on-the-premises transactions.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A building consisting of one dwelling unit.
A building consisting of two dwelling units.
A particular use shall be considered "effectively screened"
when barriers of sufficient height and opacity are provided so as
to reduce the transmission of sound and light into adjacent properties
to the point where the adjacent property owner is not disturbed thereby.
A dwelling unit without a separate, distinct room for sleeping.
A unit of land having more than five acres and used for cultivation,
pasturing or other customary agricultural purposes, but not including
the raising of fur-bearing animals.
Any fence, any brick or stone wall, and any hedge or other
natural growth located outside of the area bounded by the front building
foundation line and the side and rear setback requirements. The face
side of any "fence" erected in any district shall face the nearest
abutting property, and all posts or supports shall be on the inside
of said "fence" unless said posts or supports constitute an integral
part of said face side.
The level where the finished grade of the ground intersects
the foundation wall at the main entrance.
The vertical distance measured from the elevation of the
grade level to the highest point of the roof.
Any surface that does not allow water to pass through it.
A road wholly within a single residential development, whether
dedicated or not, which is designed solely to provide access to the
residences therein.
The area within property lines, excluding any portion thereof
within the boundaries of a street or highway.
All state and county roads and highways, plus those town
roads that appear on the Official Road Map of Monroe County as published
annually by the Monroe County Department of Public Works.
A type of dwelling equivalent to an apartment house.
A dwelling unit in a building which contains three or more
dwelling units. Dwelling units in townhouses, as well as in other
apartment houses, are "multiple-family units."
A use of land or of a building or structure which lawfully
existed at the time of the adoption of this chapter, or of any amendment
thereto, but which does not conform to the use or dimensional requirements
imposed by this chapter or such amendment thereto.
An area unoccupied by any building, structure or parking
area, whether paved or unpaved.
The area for vehicle parking, which shall be no less than
nine feet wide and 18 feet deep, but increased when necessary for
safe ingress and egress.
Designates any one or more of the following uses, including
the grounds necessary for their use and accessory buildings:
Churches, places of worship, parish houses and convents.
Public parks, playgrounds and recreational areas, when authorized
or operated by a governmental authority.
Nursery schools, elementary schools, high schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Municipal buildings.
Hospitals for the treatment of human beings, convalescent or
nursing homes, all duly licensed by the State of New York.
Nonprofit membership corporations established for cultural,
social, or recreational purposes upon application to the Zoning Board
of Appeals for a conditional use permit. Said conditional use permit
shall be for the proposed use only. If said permit is granted, site
plan approval must be secured from the Zoning Board of Appeals.
Any temporary storage space for a vehicle waiting for service
or admission. Such space shall be in addition to drives, aisles or
other required parking spaces.
The distance from the nearest street line or lot line to
the nearest enclosed portion of the structure in question, measured
at right angles or radially from the street line or lot line.
That portion of a building included between the surface of
the floor and the ceiling next above it, having a height of at least
seven feet six inches.
A right-of-way formally dedicated to public use or accepted
or maintained by the appropriate governmental or municipal body for
public use.
A street which is used for fast or heavy traffic, primarily
between communities or large areas.[2]
A street which carries traffic from minor streets to arterial
streets.[3]
A street which is intended primarily for access to abutting
properties.[4]
Anything constructed or built, any edifice or building of
any kind, or any piece of work artificially buildup or composed of
parts joined together in some definite manner, which requires location
on the ground or is attached to something having a location on the
ground, including, but within limitation, swimming and wading pools,
covered patios, towers, smokestacks, poles, etc., except outdoor areas
such as paved areas, walks, tennis courts, and similar recreation
areas and also except auxiliary service equipment, such as air conditioners,
air compressors, water pumps, electric generators and the like.
Vegetation in sufficient quantity and of sufficient maturity
so as to prevent erosion, maintain the general character of the area,
and provide effective screening when such purpose is warranted.
Landscaped with vegetation of a type sufficient to effectively
screen differing uses, enhance the quality of the environment and
protect the general welfare.
A dwelling unit in an apartment house, which unit is one
of a series of noncommunicating dwelling units having a common party
wall between each adjacent unit, each with a private outside entrance.
The area of the floors of a dwelling unit, excluding unenclosed,
unheated porches.
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 unoccupied, the purpose for which it may be occupied.
A motor vehicle in such condition that it cannot be repaired,
or which has remained unrepaired for 30 days after the damage occurred,
or which, by reason of age and prior use, is unsuitable for use on
the highway. An unlicensed motor vehicle is one for which the registration
for the current year has not been issued and affixed thereto. This
chapter, however, shall not be construed to prevent the storage of
unlicensed vehicles in private garages upon the premises of the owners
thereof.
The open space between a structure and the nearest street
line or lot line. Any required "yard" shall be entirely open and unoccupied
by buildings other than an entrance porch or steps not over seven
feet deep, front to rear, in a front yard; porches and terraces in
side or rear yards, provided that they are not covered, not enclosed
and are no closer to the lot lines than required by the setback restrictions
applying to the district; or detached accessory buildings occupying
not over 25% of a required rear yard and setback as required by this
chapter. No part of a "yard" or open space required for any building
shall be included as part of the yard or open space required for another
building.
