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:
(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:
(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]
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 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.
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.