Village of Hamilton, NY Article XIII Special Permits and Special Conditions

§ 174-80.2 Planning Board.

A. The existence and authority of the Planning Board of the Village of Hamilton Board is hereby ratified and confirmed. The Planning Board shall continue to consist of five members appointed by the Mayor with the approval of the Board of Trustees in accordance with the Village Law. The Board shall determine its rules and procedures consistent with the Village Law and General Municipal Law. In addition to the review and approval of subdivisions under Chapter 143, the Planning Board shall have the following powers and duties:

(1) Site plan review. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans as provided in these regulations.

(2) Special permits. The Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove applications for special uses enumerated in any zoning district as provided in these regulations. Approval or approval with modifications may be granted only if such use is found to comply with the requirements of these regulations.

(3) Architectural review. The Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove requests and applications for determining compliance with design standards when such determination is required under the provisions of this chapter.

(4) Before making its decision on any of the above matters, the Planning Board shall review and make findings in accordance with applicable criteria set forth in these regulations.

(5) To the extent practical, multiple applications relating to the same project or development activity shall be processed and reviewed concurrently.

B. Review and decision.

(1) When an application involving any of the above matters is referred to the Planning Board under these regulations, and the Planning Board deems that the application is complete and suitable for review, the Board shall commence its review. An applicant may request an appearance at any regular Planning Board meeting to present, explain and review an application. If a public hearing is required, or if the Planning Board determines that a public hearing should be held, even if not required, the Board shall hold a hearing within 62 days from the date on which a complete application is received.

(2) The Board shall make a decision on any matter involving a public hearing within 62 days after the public hearing, or if no public hearing is held, within 62 days after a complete application is received, provided in all cases that the requirements of the State Environmental Quality Review Act have been satisfied, and also provided that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

(3) The concurring vote of a majority of the Board shall be required to render a decision.

C. When a request for such assistance is made, the Planning Board shall also function in an advisory capacity in reviewing, recommending and reporting to the Board of Trustees on any application for amendment of these regulations, and to the Board of Appeals on any application for a variance, interpretation or other appeals under these regulations. The Planning Board shall report to the Board of Trustees or to the Board of Appeals as soon as practicable following receipt of the application, and, when possible, prior to the public hearing required for such application.

§ 174-81 Applicability.

No building or other permit shall be issued for any land use or activity listed in Appendix A, Schedule I,[1] as requiring a special permit (SP), or having special conditions applied thereto (SC), until the Enforcement Official is satisfied that the regulations set forth in this chapter, including this Article XIII, have been complied with.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

§ 174-81.1 Public Hearings.

[Added 11-24-2020 by L.L. No. 3-2020]

A. Public notice of public hearings required or permitted by these regulations shall be given by the Village in accordance with Subsection C below and by publication in the Village's official newspaper at least five days prior to the date of such hearing. A copy of the notice shall also be posted on the Village website and, if the applicant has provided an email address, emailed to the applicant. Additionally, each Board may, in its own discretion, provide such other form of notice as the Board deems appropriate with respect to any particular application.

B. All public hearings shall be conducted as required by law and in accordance with any rules established by the Board and the Chair. Any person may appear in person or by agent or attorney and shall be given an opportunity to be heard on the matter under consideration. The Board may make a determination on the matter following the close of the public hearing, or at a subsequent meeting of the Board without further formal notice to the applicant or the public.

C. Public notice by installation of sign at project location.

(1) The posting of a Village-provided sign by the applicant for the specified proposal, as provided for herein, shall be required for the following types of applications:

(a) Zoning Map amendments to the Village Board;

(b) Subdivision, site plan review, and special permit applications to the Planning Board;

(c) Area and use variances to the Zoning Board of Appeals.

(2) One sign, two feet by two feet, shall be posted in a clearly visible manner in each front yard of the lot(s) under consideration by the Board, not more than 20 feet from the street line.

(3) The sign shall be provided by the Village to the applicant for installation at the project site. All costs associated with the installation, upkeep, removal and transportation of the sign shall be at the expense of the applicant. The applicant shall pay a deposit for each sign in an amount approximately equal to the cost of production of each sign. The deposit shall be refunded to the applicant upon the return of the sign to the Village in good condition.

(4) The sign shall be installed at least 10 days before the public hearing and shall be maintained upon the premises by the applicant in good condition clearly visible to the public for a minimum of 10 days and in any event removed no sooner than the date of granting of all Village discretionary board approval(s) or withdrawal of the application.

§ 174-82 Special permits.

[Amended 12-13-2005 by L.L. No. 5-2005; 10-17-2017 by Ord. No. 6-2017; 3-19-2019 by L.L. No. 2-2019; 11-24-2020 by L.L. No. 3-2020; 5-16-2023 by L.L. No. 2-2023; 12-17-2024 by L.L. No. 5-2024]

A. Authorization; conditions.

(1) The Planning Board may grant a special permit for uses listed in Appendix A, Schedule I,[1] as requiring a special permit (SP) if the proposed use meets the general and specific standards and conditions, as applicable, of this § 174-82.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

(2) The Planning Board may grant a special permit for uses as listed in Articles IV, V and VI if the proposed use meets the standards and conditions listed in this section.

(3) Planning Board approval shall be obtained for any addition or alteration to uses and buildings authorized by special permit.

(4) The Planning Board may impose conditions when issuing a special permit for the purpose of adhering to the standards pertaining to special permits.

(5) The Planning Board may impose a combination of conditions suggested by the standards listed in this section if the project integrates or combines multiple uses.

(a) The identification of one use listed in Appendix A, Schedule I,[2] as relevant to the project does not preclude the identification of other uses as also pertinent. Any special permit issued must accommodate and integrate all identified uses as specified by the Planning Board.

[2] Editor's Note: Appendix A is included as an attachment to this chapter.

B. Application procedure.

(1) Prior to any application for special permit, the applicant may submit to the Code Enforcement Officer preliminary data and drawings, as necessary to describe and illustrate the proposed use. The Code Enforcement Officer may review and advise the applicant or may transmit the materials to the Planning Board for informal consideration at the election of the applicant.

(2) Formal applications shall be submitted to the Code Enforcement Officer or, in his or her absence, to the Village Clerk at least 10 days prior to the date of the Planning Board meeting at which consideration of the application is requested. All applications shall be submitted in accordance with instructions and forms provided by the Village and shall be accompanied by applicable drawings and related supporting documentation, fees and other required submissions.

(3) The Planning Board will review the application in accordance with these regulations and as otherwise required by law and it may request such additional information as the Board may reasonably require to assist it in determining that the application is complete and/or in reaching a decision on the application.

(4) A public hearing is required to be held within 62 days from the date on which an application for special permit approval is deemed complete.

(5) The Planning Board shall make a decision on the application within 62 days of the close of the public hearing, provided in all cases that the requirements of the State Environmental Quality Review Act[3] have been satisfied, and also provided that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

[3] Editor's Note: See 6 NYCRR Part 617.

C. Referrals.

(1) Whenever any special permit would affect real property in an area as described in §§ 239-l and 239-m of the General Municipal Law, said special permit shall be referred to the Madison County planning agency, which agency shall report its recommendations to the Village Planning Board. Failure of the county planning agency to report within 30 days may be construed to be approval.

(2) The concurring vote of a majority plus one of the Village Planning Board shall be necessary to override county planning agency recommendations of approval with modifications or disapproval.

(3) Within 30 days after final action by the Village Planning Board on the recommendations, modifications, or disapproval of a referred matter, the Board shall file a report of the final action with the county planning agency.

D. General standards. The standards listed below apply to all special permit applications, whether or not others are included for specific situations:

(1) The location, size and character of the use will be in harmony with the character of the neighborhood and will not be detrimental to the orderly development of the district in which it is situated and adjacent districts.

(2) The proper use and value of nearby land and buildings will not be impaired by:

(a) The location, size, height and nature of buildings, walls, fences and signs; the location, size and nature of parking areas; or the location, intensity and nature of artificial lighting; and

(b) There may be no storage of loose soil, mulch, or aromatic materials within 50 feet of a residential district.

(3) The use will not be objectionable to nearby properties because of loitering, noise, fumes, vibrations, or lighting.

(4) The location, size, site layout and relationships to existing or future streets will be such that vehicular traffic and the assembly of persons will not be hazardous or conflict with the appropriate traffic for the neighborhood.

(5) The nature and extent of landscaping will be appropriate to the use and to the neighborhood.

(6) The conditions and guidelines for specific uses and buildings as listed below shall apply.

(7) For any special permit use that requires site plan review, Planning Board approval of a site shall be obtained in accordance with applicable provisions of § 174-53 of this chapter.

E. Specific standards for certain uses. In addition to the general standards for a special permit, as set forth in § 174-82D, above, the specific requirements for certain land use activities, as set forth in this § 174-82E, shall be complied with, except that such requirements may be modified or waived by the Planning Board for due cause, as noted in the records of the application.

(1) Multiunit dwelling supporting both family and non-family residents in MC, ME, MP, U2 and BN;

(a) Planning Board approval of a site plan, in accordance with the provisions of § 174-53, shall be obtained.

(b) In a MC, ME, and BN Districts, a residential use shall not be located on the ground floor of any building.

(c) The maximum densities of multiunit dwellings are specified in Appendix A, Schedule II.[4]

[4] Editor's Note: Appendix A is included as an attachment to this chapter.

(d) Secondary structures in the MC, ME, MP and BN may not be used for residential purposes.

(e) Screening of trash and of parking from all neighboring residential uses is required as per §§ 174-46 and 174-47.

(f) Parking is calculated as a composite of all uses within the structure and property.

[1] In the ME, MP and BN, parking must be on premises.

[2] All parking lots contiguous with a residential use in an R District must be screened as per § 174-47.

(2) (Reserved)

(3) Lawfully existing boardinghouse in all districts; new boardinghouses in MC, ME, and U2 Districts. [All provisions of this Subsection E(3) shall be applicable to group residences as they were defined prior to January 1, 2012, and to all special permits and licenses for the operation of group residences issued prior to January 1, 2012.]

(a) Due regard shall be given to the safety hazards associated with boardinghouses, their potentially unstable conditions and exploitative character and their possible blighting effect on the surrounding neighborhood.

(b) Compliance with all applicable codes and regulations, including the New York State Multiple Residence Law, shall be required for special permit consideration.

(c) All boardinghouses in all districts shall be licensed annually. Licenses shall be issued for the period from August 1 to July 31, or portion thereof if the application is submitted after July 1. Upon timely application (see below), each license shall be issued and/or renewed, as applicable, upon a finding of full and proper compliance with each of the following:

[1] All state, county and local laws, ordinances and regulations pertaining to the property.

[2] For all existing boardinghouses in the R, MP, and U2 Districts, parking requirements specified in Article X apply.

[3] For all new boarding houses in the ME and U2 Districts, parking requirements as specified in Article X apply.

[4] All conditions previously imposed by the Planning Board as part of issuance of the special permit.

[5] Proper maintenance and operation of the property in keeping with the character of the neighborhood and in a healthy, safe and sanitary condition. Evidence of improper maintenance and operation may include exposed garbage or litter on the premises; failure to maintain the grounds in a neat and orderly fashion; and parking by tenants on or about premises in undesignated parking areas. Evidence of improper operation may also include the occurrence of incidents or events that constitute violations of the Village Code and/or the New York State Penal Law upon the premises. The occurrence of three or more arrests or issuances of appearance tickets, citations or violation notices for charges of violation of any provision of the Village Code or of Articles 220, 221 or 240 of the New York State Penal Law upon the premises shall be prima facie evidence of improper operation, and shall constitute grounds for denial of the license application or license renewal, as applicable.

[6] All applicable standards set forth in this chapter, including § 174-82D.

[7] New boardinghouses in the MC and ME Districts may be established only in the upper floors of a multistory structure. New boardinghouses are not permitted within the ground floor or first floor of any structures within the MC and ME Districts.

(d) A special permit for a boardinghouse may be revoked by the Planning Board upon noncompliance with any of the above criteria if such noncompliance is not corrected after notice to the property owner and after a hearing in accordance with the following procedure:

[1] The property owner shall be provided with a notice of hearing setting forth at least a date, time and location that the owner can be heard by the Planning Board with respect to the noncompliance. Such hearing date shall be no less than 10 days after mailing.

[2] After the hearing, the Planning Board may determine whether or not the noncompliance or circumstances giving rise to the noncompliance have been corrected. If not, the Planning Board may revoke the special permit.

(e) The property owner may reapply for a special permit for a boardinghouse upon establishing compliance with the above criteria.

(f) All new and existing boardinghouses shall be required to obtain a license annually. Licenses issued for boardinghouses shall be valid for one year, from August 1 to July 31. A complete application for renewal shall be submitted to the Enforcement Officer by May 1 of the expiring year. The applicant shall schedule with the Enforcement Officer the necessary inspection of the residence so that the inspection shall occur no later than July 15 preceding expiration. Upon such timely application and inspection, the Enforcement Officer will renew the license upon a finding of full and proper compliance with all applicable standards.

(g) If the operation of the boardinghouse is not in compliance with the conditions or this section, or any other applicable standards, or there are other indications of improper operation as set forth in Subsection E(3)(c) above, and/or complaints from neighbors or the Police Department, the Planning Board shall review the special permit for that location. The Planning Board at that time may impose additional conditions upon the special permit or may schedule a public meeting to revoke the special permit.

(h) The Enforcement Officer is authorized to issue an appearance ticket upon discovery of occupancy of any boardinghouse, without a valid special permit or license pursuant to § 174-76. There shall be a late fee, as specified by the Village Board, for renewal applications submitted after May 1 and or for scheduling of inspections after July 15.

(4) All group residences shall be subject to, and be in conformance with, the following supplemental regulations:

(a) No exterior alterations shall be made to any existing dwelling to be used as a group residence other than those mandated by any other codes or regulations to assure safety and sanitation. All alterations of the premises, e.g., driveways, parking areas, landscaping, shall be compatible with the neighborhood and appropriately screened from adjoining properties as determined by the Planning Board.

(b) All new construction as part of a group residence shall be compatible with the scale, character and architectural design of existing neighborhood dwellings and shall comply with all regulations applicable to the district, as determined by the Planning Board in its consideration of the special permit application.

(c) The number of residents in a group residence shall be consistent with the number of bedrooms and other living accommodations available in the structure. There shall be a minimum of 70 square feet of bedroom area with code-compliant emergency escape and rescue openings for each resident.

(d) If the group residence will include parking areas for more than three vehicles, such parking areas shall be screened from adjoining properties by a fence or vegetative screen not less than five feet in height, as approved by the Planning Board.

(e) All exterior site lighting associated with a group residence shall be designed and installed in such manner as to avoid any light spillover at the property line between the group residence and adjoining properties. All exterior lighting fixtures shall include glare-reduction devices and must include designation of the fixtures as International Dark-Sky Association (IDA) approved and as Illumination Engineering Society of North America (IESNA) "full cutoff" fixtures.

(f) All buildings and premises used as group residences shall conform to the bulk zoning regulations set forth in Appendix A, Schedule II,[5] as the same may apply to single-family dwellings for the zoning district in which the group residence is located.

[5] Editor's Note: Appendix A is included as an attachment to this chapter.

(5) Supplemental apartment within the principal dwelling.

(a) A supplemental apartment may contain a maximum of one bedroom.

(b) A supplemental apartment is permitted only on properties of more than 12,500 square feet, primarily devoted to use as single-family dwellings.

[1] Supplemental apartments may not be incorporated in properties dedicated to two-unit or multiunit dwellings.

[2] The presence of a supplemental apartment within a building or a property does not necessitate that property's compliance with the bulk-zoning requirements of a two-unit dwelling.

[3] Within a multiunit dwelling, no individual unit may be considered a supplemental apartment.

(c) On-site parking must be provided for all supplemental apartments.

(6) (Reserved)

(7) Nursing home, nursery school, child day-care center, and adult day-care center.

(a) In all districts, must be developed and operated under the applicable regulations of the State of New York.

(b) In MG District, nursery school and day-care center must be operated by a resident operator or as an ancillary use to another institution.

(c) New day-care centers may be operated in the Family Residential District only as a home occupation. Such a home-occupational day-care center may not exceed eight participants at any one time.

(8) Banqueting facility, outdoor.

(a) Outdoor banqueting facilities are prohibited except in the BN or as part of planned districts.

(b) Outdoor banquets are subject to amplified sound permits and the sound ordinance.

(9) Outdoor swimming pool in residential, mixed-use, and business districts.

(a) A private pool shall be located on the same lot as the principal building, shall be only in the side or rear yard and shall be not less than 10 feet from the side or rear lot line.

(b) Design, construction, fencing, maintenance and operation shall conform to the latest edition of the National Swimming Pool Institute Standards and all other applicable codes and regulations.

(c) Outdoor swimming pools shall be screened by plantings or fencing from adjacent residential areas as appropriate to the particular conditions and as approved by the Planning Board.

(d) A public swimming pool must be located within a public park and requires a special permit.

(10) Parking lots. A lot dedicated primarily to the parking of vehicles must be illuminated and screened as per Article X of this chapter.

(11) Hotel, inn in MC District.

(a) Garbage disposal facilities shall be adequate, sanitary, and screened.

(b) Off-street parking shall be provided as determined by the Planning Board, using the provisions of §§ 174-60 and 174-62 as desirable standards. Screening shall be in accordance with § 174-47.

(12) Drive-in service in ME and BN Districts.

(a) Speaker boards and speakers shall be not closer than 200 feet in any direction to a building used as a residence in an R District.

(b) Location shall be no closer than 200 feet to any church, or school measured along the street line from the nearest boundary line of the drive-in service premises to the nearest boundary line of the church, school or playground.

(c) In the ME and MP Districts, outside speakers may not be used to play amplified sound except as activated by customer. In the MP District, outside speaker and video only may be used to only for required communication between the vehicle customer and employee of the enterprise.

(d) With drive-in food service, there must be enough room at the sound board for three stacked vehicles that do not block the parking in the lot or block entrance and egress from the lot.

(e) Outside speakers and outside sound boards must be screened to discourage sound spillage beyond the limits of the property.

(13) Marquees/canopy in MC, ME, MG, MP, BN and BA District.

(a) Marquees and canopies shall be permitted only where appropriate to the building use, such as theater, hotel or service station.

(b) Height and size shall be suitable to the use and location, as determined by the Planning Board.

(14) (Reserved)

(15) Gasoline station with or without convenience store/fast-food facility; auto wash.

(a) Gasoline station with or without store, convenience store or fast-food facility.

[1] Off-street parking shall be limited to employee and customer cars required for the retail, convenience/fast-food uses. There may be no storage of cars or servicing of cars, beyond the pumping of fuel and the supply of air for tires, in the parking area. Such parking may not be used for the sale of new or used cars.

[2] To prevent vehicles waiting in the public street, one stacking spaces per fuel pump bay shall be provided on the lot within the sidewalk line.

[3] No music or streaming audio may be played in outside speakers in any gasoline/fuel station in the MP Districts.

[4] No fuel pump may be located closer than 150 feet to a property in the Family Residential District.

(b) Auto wash.

[1] To prevent vehicles waiting in the public street, at least three stacking spaces per auto wash bay shall be provided on the lot within the sidewalk line.

[2] Wash-water discharge shall not pollute any stream nor create a hazard because of surface drainage and shall conform to Chapter 129, Sewers, and other applicable laws, codes and regulations.

[3] Auto wash is not considered an ancillary use to a gasoline/fuel station or convenience store.

(16) Residential and home occupational uses of accessory structures in R, MG and MP Districts may be permitted subject to special permit.

(a) Temporary or transient or ongoing/permanent occupancy of an accessory building is permitted only on property primarily dedicated to supporting a single-family residential unit.

(b) Temporary, or transient or ongoing/permanent occupancy is permitted in only one accessory structure within any property.

[1] A dwelling unit in an accessory building may not have more than one bedroom.

[2] No accessory building may be wholly dedicated to residential use, permanent, temporary or transient.

[3] One off-street parking space must be provided for use of an accessory building for temporary or permanent occupancy of a nonfamily member.

[4] Rented use of a supplemental apartment in an accessory structure for temporary or ongoing occupancy is permitted only if no more than one room/suite in the primary structure is committed to a roomer or for home occupational use as a bed-and-breakfast.

[5] If occupied on the temporary or ongoing basis by someone other than the family occupying the principal structure, such a supplemental apartment must have at least one parking space accessible to the street.

[6] When an accessory structure is used for a supplemental apartment, the entrance to the supplemental apartment may not be directed toward the rear lot line or the closest side lot line.

[7] A supplemental apartment in an accessory building may be used as a dwelling space for members of the family occupying the principal building.

[8] No more than one home occupation use shall be permitted upon any residential property at any given time.

(c) Home occupational use of an accessory structure may be permitted by special permit upon site plan and special permit review:

[1] Where the primary use of the lot is as a single-family residential unit.

[2] Where at least one resident of the property is employed in the home occupation to which the secondary structure is dedicated.

[3] Where the occupation is not disruptive to neighbors by virtue of sound, or fumes, or deliveries.

[4] Where the display or sale of stock and trade is not a primary purpose of the business or occupation.

[5] Where no more than two nonresident employees are active at any one time.

[6] Where no materials or equipment associated with the home occupation are stored outside any structure.

[7] Where only one accessory structure per property is committed to home occupation use.

[8] Where parking is provided as per § 174-62A.

[9] Where no accessory structure on the premises is rented for temporary or ongoing residential use.

[10] Where the home occupational use of the accessory building is not that of a bed-and-breakfast.

(17) Home occupational operation of rooming house.

(a) No more than two persons may be permitted to occupy a dwelling unit as roomers.

[1] Such use shall be considered a home occupation and shall be subject to the provisions of § 174-83F, as applicable.

[2] If a supplemental apartment is operated in the principal or accessory building, only a single room/suite may be rented to a roomer.

[3] Temporary and/or transient occupants of a dwelling may not let or sublet spaces to roomers as a home occupation or otherwise.

[4] The operator of the rooming house shall procure and maintain in effect a license to operate in accordance with the provisions of Subsection E(19)(m) below provided for short-term transient rental uses.

(b) In two-unit or multiunit structures, only a single room or suite in each residential unit may be rented to a roomer. Such use shall be considered a home occupation and shall be subject to the provisions of § 174-83F, as applicable.

(18) Tourist home and bed-and-breakfast uses – commercial and home occupation.

(a) One on-site parking space per guest room/suite plus one for each resident operator of the tourist home or bed-and-breakfast. All parking spaces must be screened from neighboring residential properties.

(b) Trash containers must be screened from view from neighboring residential properties and trash must be picked up in a manner characteristic of the district.

(c) Accessory structures may be used for a single guest suite with no more than one bedroom.

(d) The maximum number of guest rooms/suites shall be five.

(e) The operator of the tourist home or bed-and-breakfast shall procure and maintain in effect a license to operate in accordance with the provisions of Subsection E(19)(m) below provided for commercial short-term transient rental uses.

(19) Commercial short-term transient rental uses: special conditions and license requirements.

(a) Commercial short term transient rental use is classified as a special use because of the potentially unpredictable intensity of use and resulting conflicts with other adjoining and nearby uses. The Planning Board shall review such uses under the applicable criteria set forth in §§ 174-82 and 174-83, and shall particularly address each application in terms of site plan features such as proximity to other uses and the nature of nearby uses, as well as available parking, lighting and other site features in order to minimize land use conflicts and associated adverse impacts to other residential uses. All special permits for commercial short-term transient rentals shall terminate and expire upon the transfer of title (ownership) of the subject premises by said owner. This use may only be conducted only by the owner or resident of the premises.

(b) The maximum number of persons permitted to occupy any commercial short-term transient rental use shall be two persons per sleeping room, with an overall maximum of 10 persons, subject to available parking for the use. The Planning Board may establish a lower maximum occupancy limit under its special permit review authority if it determines that the number of parking spaces appropriately devoted to the use is insufficient to support the number of intended occupants without adversely affecting adjoining property owners and/or the surrounding neighborhood.

(c) No recreational vehicles, campers, trailers, or motor vehicles larger than a one-ton pickup truck may be parked upon the premises during any transient occupancy. The number of automobiles and/or light-duty (pickup) trucks that may be parked on site in association with any commercial short-term transient rental shall be limited to the number of off-street parking spaces designated on the site plan approved by the Planning Board. No vehicles may be parked on lawns or in other areas not specifically approved as parking spaces under the provisions of this chapter. The Planning Board shall review all applications in relation to the physical limitations of the subject premises as well as the proximity to adjoining uses and surrounding neighborhoods in order to determine the appropriate parking requirements and occupancy limits.

(d) No commercial short-term transient rental use shall be located above the second floor of any building unless such floor has a fire sprinkler system or has been otherwise constructed in accordance with requirements of applicable New York State code requirements for residential occupancy of such floors.

(e) Each sleeping room within a principal or accessory structure containing a commercial short-term transient rental use shall have affixed to the occupied side of the entrance door to the sleeping room a written notice stating the means of egress from the room in case of fire or other emergency, the location of means for transmitting fire alarms, if any, and the evacuation procedures to be followed in the event of a fire or smoke condition, or upon activation of a fire or smoke-detecting or other alarm device.

(f) Dwellings and/or dwelling units used for commercial short-term transient rental use shall have no exterior signs or other exterior indications of the transient occupancy use, which shall from all exterior indications be indistinguishable form an otherwise permitted conventional residential use.

(g) All commercial short-term transient rentals shall be limited to the temporary lodging of registered guests, and no commercial activities and no public or private parties, receptions, meetings or similar social gatherings or events shall be permitted. Occupancy shall be limited to the number of persons permitted under the special use permit issued by the Planning Board, and the operator of the facility shall maintain an accurate and current register of all lodgers staying at the facility, their permanent addresses, and the dates of their stay. This register shall be immediately made available to the Village Code Enforcement Officer and/or Police Department as part of any Village investigation of any complaints regarding guest behavior or alleged unlawful activity and/or to determine compliance with requirements of any special permit issued for the premises. This register shall also be made available to Village code enforcement personnel at the time of any application for renewal of a license to operate the facility.

(h) Owners of permitted commercial short-term transient rentals, shall be required to either be or have a designated property manager who resides in such proximity to the subject premises so as to permit him or her at all days and times to physically be at the subject premises within 15 minutes of receiving notification of a complaint relating to the premises. Current contact information for this person or persons shall be kept on file with the Village Code Enforcement Officer and Village Clerk at all times.

(i) Owners of commercial short-term transient rentals must at all times be current in the payment of all real property taxes and special assessments and shall be responsible for complying with other applicable legal and regulatory requirements, including, but not necessarily limited to compliance with New York State building, property maintenance and safety codes and registration and collection of state and local sales taxes and county occupancy taxes. When available, applicants shall register to have applicable taxes and fees collected and remitted by the internet host platform.

(j) All owners of commercial short-term transient rentals shall provide to the Village proof of general liability insurance against claims for personal injury, death or property damage occurring on, in or about the subject premises in an amount not less than $1,000,000 in respect of personal injury or death, and in an amount of not less than $100,000 in respect of property damage.

(k) All applications for approval of commercial short-term transient rentals shall be accompanied by documentary proof of compliance with Madison County's bed tax local law, which shall include a copy of the Madison County Occupancy Tax Certificate for the premises.

(l) License required. No person, firm or entity shall own, operate or manage a commercial short-term transient rental facility in the Village of Hamilton, nor shall any owner permit the operation of a commercial short-term transient rental facility on premises owned by him, her or it, without a duly issued license from the Village of Hamilton to operate a commercial short-term transient rental facility. All new and existing commercial short-term transient rental facilities shall be required to obtain a license annually from the Village Code Enforcement Officer, the original or copy of which shall be prominently displayed in a front window of the subject residence in such manner so that it is clearly visible from the public sidewalk, or from the street if there is no sidewalk. Any initial application for a license to operate a transient occupancy use asserted and demonstrated to be a pre-existing nonconforming use lawfully in existence prior to the effective date of these regulations must be received by the Village Code Enforcement Officer no later than May 15, 2023.

(m) Licenses issued for Commercial short Term Transient Rental facilities shall be valid for one year, from July 1st to June 30th. A complete application for a license or license renewal shall be submitted to the Code Enforcement Officer not less than 45 days prior to the date the license, or renewal license, as applicable, is to be effective. Applications not submitted in time to be effective as of the 1st day of July shall be effective as of the date of issuance and shall expire on the next succeeding 30th day of June. The applicant shall schedule with the Enforcement Officer the necessary inspection of the dwelling or dwelling unit not less than 30 days prior to the desired license effective date. All applications for a special permit and license shall include the following information:

[1] Current and accurate site plan of the premises (as approved by the Planning Board for the special permit application), showing all property lines, building lines, driveways, sidewalks, parking spaces, garbage and recycling storage areas, and any outbuildings and outdoor gathering areas such as patios and decks;

[2] Floor plans, as determined adequate by the Planning Board and which need not be prepared by a licensed design professional, for each building floor level containing rentable space, which specifically depict all room sizes and locations, common areas, exits and other facilities;

[3] A copy of the recorded deed showing all current owners of the premises, and a list of the names, home and business addresses, all phone numbers (including home, business and cell) and email addresses of all property owners and all property managers if applicable;

[4] The number of permanent residents and the number of transient residents proposed to reside on the premises (as authorized per the conditions of the special use permit granted by the Planning Board in the case of license applications), including the number assigned to each bedroom shown on the building floor plans;

[5] The number of all automobiles, trucks and other vehicles belonging to the owners/permanent residents that will be parked on the premises during periods of transient rentals, including for each such vehicle, the make, model and year of the vehicle, license plate number; the name and permanent address of each vehicle's local operator and its titled owner;

[6] Such other information as the Code Enforcement Officer may reasonably require for the premises in question in order to determine compliance with all applicable code provisions.

(n) All applications for a special permit and/or license to operate a commercial short-term transient rental facility shall be signed by all owners of the premises. All applications shall include an accurate list of all property owners within 150 feet of the subject premises, as indicated on the most recent real property tax assessment roll, accompanied by a statement that all such owners have been provided a copy of the application. Each signator to the application shall swear or affirm to the truth and accuracy of the information contained in the application. Upon each license application and renewal application, the applicant shall be required to pay a license administration fee to the Village of Hamilton, which, except as may be otherwise determined by resolution of the Board of Trustees, shall be in the amount of $200.

(o) All proposed commercial short-term transient rental facilities shall be physically inspected for proper maintenance of the premises in accordance with Subsection E(19)(s)[1] below, and for general code compliance prior to issuance of a license to operate the facility, and also on an annual basis thereafter prior to the issuance of any renewal license.

(p) Upon such timely application and inspection, the Enforcement Officer will issue or renew, as applicable, the license upon a finding of full and proper compliance with all provisions of this chapter and all other applicable laws and standards. Upon determining that sufficient grounds exist under the provisions of Subsection E(19)(s) below, the Planning Board shall have the authority to revoke any such license upon application of the Code Enforcement Officer and after holding a public hearing upon any such application to revoke a license.

(q) The total number of nights of transient occupancy of any commercial short-term transient rental facilities located on premises that share a common side yard boundary with any property located within the R-Residential Zoning District may not exceed a total of 30 nights within any given license year.

(r) Grounds for denial or revocation of license. Any proposed or existing commercial short-term transient rental facility that is not in compliance with the requirements of this chapter, or any other applicable laws or standards, shall not be granted a license to operate, and, in the event a license has been issued, such license shall be subject to revocation, as herein provided, and the owner(s) and operator(s) of the commercial short-term transient rental facility shall be subject to such other penalties and/or remedies as may be applicable. The existence of any of the following conditions and circumstances shall be deemed violations that constitute grounds for denial or revocation of a commercial short-term transient rental facility license:

[1] Indications of improper maintenance or operation of the property in keeping with the character of the neighborhood, and/or failure to maintain and keep the premises in a healthy, safe and sanitary condition, which shall include, but is not necessarily limited to:

[a] Exposed garbage or litter on the premises;

[b] Failure to maintain the buildings and grounds in a neat and orderly fashion, including painting and maintenance of exterior surfaces and windows and maintaining and trimming of grass and other vegetation;

[c] Parking of vehicles on or about the premises in undesignated and/or unapproved parking areas;

[d] The occurrence of parties or other gatherings of individuals upon the premises wherein the number of persons gathered upon the premises exceeds the number of persons authorized upon the premises under the terms of the special permit and license.

[2] Two or more instances within any twelve-month period where a police officer or agency, or the Village Code Enforcement Officer, issued one or more appearance tickets or arrest warrants with respect to acts or omissions related to the transient occupancy of the premises. Such conduct shall include, but is not necessarily limited to, the occurrence of any acts, incidents or events upon the premises that constitute violations of any provision of this chapter, or any other provision of the Village Code, and/or the New York State Penal Law.

[3] The conviction upon any formal charges as described in the immediately preceding Subsection E(19)(r)[2] shall be prima facie evidence of improper operation of a short-term transient rental facility, and shall constitute grounds for immediate revocation of a license, as well as for automatic denial of a license renewal application for a period of one year following the date of license revocation or expiration, as applicable.

(s) Upon determining the existence of one or more offending conditions relative to the premises, the Code Enforcement Officer shall deny the application for a commercial short-term transient rental facility license and, with respect to previously licensed commercial short-term transient rental premises, at that time may take any action authorized by law, including, but not necessarily limited to the following:

[1] Impose additional conditions upon the license;

[2] Refer the matter to the Planning Board to schedule a public hearing to consider revocation of the license;

[3] Issue one or more appearance ticket or tickets for any violation(s) of the Village Code. The Code Enforcement Officer shall be authorized to issue an appearance ticket to any owner or operator of a commercial short-term transient rental facility operating without a valid license.

(20) Performing arts center; private or public museum. The use of rear yards for ancillary dining, banqueting, or reception space is prohibited in MG District.

(21) Public playground. A public playground must be located within a public park and requires a special permit.

(22) Auto, vehicle, or machine repair and storage. All exterior storage of vehicles, equipment, parts, and tires, must be on-site and must be screened from the street and from the neighboring properties.

§ 174-83 Special conditions.

[Amended 5-16-2023 by L.L. No. 2-2023; 12-17-2024 by L.L. No. 5-2024]

Any land use or activity listed in Appendix A, Schedule I,[1] as having special conditions applied thereto (SC) shall not be considered a permitted use or activity, and no permit shall be issued, until the Enforcement Official has determined that applicable conditions, as set forth in this section, have been met. Where special conditions (SC) apply and special permit (SP) is required, the special conditions must be integrated into the special permit.

A. Residential use of the ground floor.

(1) In the MC and ME Districts, a residential use may not be located on the ground floor of any building.

(2) In the BN District, occupancy of the ground floor is permitted only in existing one-family dwellings and motels.

B. Any land use activity listed in Appendix A, Schedule I,[2] as requiring site plan review (RR), must comply with the provisions of § 174-53 of this chapter.

[2] Editor's Note: Appendix A is included as an attachment to this chapter.

C. Mobile home and mobile home park.

(1) Dwelling, mobile home in R Districts. Mobile home dwellings are permitted only if such dwelling is located in a mobile home park.

(2) Mobile home park permitted only when and where a Planned District has been established in accordance with applicable provisions of Article VII of this chapter.

(3) No mobile home park have a density of less than 5,000 square feet per unit.

D. University campus.

(1) Special permit. In the U1, U2, and U3 District, special permit review is required for all new or modified uses within 300 feet of the R District.

(2) Site plan review. In the University Districts, site plan review is required for all new on-campus construction and for any on-campus renovations that involve permanent modifications to building footprints, or modification to vehicular and/or pedestrian circulation, or modifications in exterior lighting and/or sound systems under the following circumstances:

(a) In the U1 District if such project or modification is within 300 feet of Broad Street, East Kendrick Avenue, Hamilton Street.

(b) In the U2 District if such on-campus project or modification is within 300 feet of Broad Street or College Street west of Broad Street.

(c) All such projects in the U3 District are subject to site plan review.

(3) When a special permit is required in the U1, U2, or U3 Districts, any required site plan review will be incorporate in the special permit process.

(4) Where an on-campus project or modification requires site plan review but not special permit review, explicitly aesthetic considerations are excluded from site plan review deliberations.

(5) Modifications to the grounds of the Seven Oaks Golf Course that do not involve enduring structures or automobile parking areas are not subject to this requirement for site-plan or special permit review. New construction and modifications to the clubhouse, the pro shop, and their related parking are subject to site plan and special permit requirements if within 300 feet of a family residential neighborhood.

(6) The Code Enforcement Officer will be the final authority as to whether renovations fall inside or outside the thresholds of requiring site plan or special permit review.

(7) The University campus is defined as properties owned and operated by Colgate University within the U1, U2, and U3 Districts.

E. University-related off-campus activities in the R, MC, ME, MB, MG, MP, U2, and BN Districts.

(1) Administrative, commercial, performing arts, museum and business activities undertaken by Colgate University are permitted to the extent that the same activities are permitted for non-University agents. Such uses are subject to any and all special permit, special condition, and site plan requirements as non-University agents would be subject to.

(a) Administrative activities focusing on student activities, academics, pedagogy, and residential life are not permitted outside of the University Districts.

(2) New academic, research, and athletic uses associated with the University are not permitted outside the University Districts.

(3) New residence halls, fraternities, sororities, or related student social activities are not permitted outside the University districts.

(4) The campus is defined as properties owned by Colgate University within the U1, U2, and U3 Districts.

F. Home occupational use of the primary/principal structure in the R, MC, ME, MB, MG, MP and U2 Districts.

(1) In addition to other home occupation uses specifically permitted under the provisions of this chapter, the following home occupations are permitted in the principal building where not more than two nonresidents are at work on site at any one time:

(a) Personal services conducted by resident occupants in which the sale of stock-in-trade is a minor element of the personal service.

(b) Administrative office conducted by resident occupants.

(c) Professional office where such office is part of the residence of the professional.

(2) In the R, MG and U2 Districts, deliveries supporting a home occupation should be from the street.

(3) In the R, MG, MB, MP, and U2 Districts, trash pickup should be by the standard manner of other residents and properties in the district.

G. Ancillary uses for University and hospital activities in the U1, U2, U3, and BH Districts.

(1) Uses ancillary to the educational mission of Colgate University are permitted in the U1, U2 and U3 Districts as subject to § 174-83D.

(2) Uses ancillary to the mission of Community Memorial Hospital are considered part of the overall operation of the hospital within the BH District.

(3) The operation of a restaurant/clubhouse and a pro shop are commercial uses considered ancillary to the operation of the Seven Oaks Golf Course as an educational facility.

H. Residence hall, dormitory and fraternity/sorority.

(1) Residence halls must be sanctioned by Colgate University and be subject to administrative coordination with the University.

(a) Dormitories are permitted in the U1 and U2 Districts.

(b) New dormitories, any part of which are within 300 feet of Broad Street, Kendrick Avenue, Hamilton Street or College Street west of Broad Street, are subject to special permit review.

(2) Fraternity or sorority houses must be sanctioned by Colgate University and be subject to administrative coordination with the University.

(a) New fraternity or sorority houses must be within the U1 or U2 Districts.

(b) New fraternity or sorority houses in the U1 or U2 Districts, any part of which are within 300 feet of Broad Street, Kendrick Avenue, Hamilton Street or College Street west of Broad Street, are subject to special permit review. Such special permits will not normally be subject to annual review.

(3) Any existing fraternity or sorority in the R District must be owned by, sanctioned by, and administratively coordinated with Colgate University.

(a) Annual review of the operation and special permit of any fraternity or sorority in the R District may be undertaken by the Planning Board.

I. Satellite dish and communications tower.

(1) Must conform to regulations found in the communication tower ordinance.

J. Alternative domestic energy supply installation in all districts. Permitted when:

(1) No solar energy device that is attached to a dwelling or other structure is located in any front yard area.

(2) Landscaping is planted around any ground-mounted solar device to partially screen it from public view.

(3) The alternative supply does not involve a wind-driven device.

K. Placement of earth, stone, rubble and similar fill in all districts must comply with Chapter 63.

L. Sexually oriented business in the BN District. Permitted when:

(1) No closer than 500 feet to a residence, restaurant, school, church or synagogue, cemetery, park or playground located either within or outside Village boundaries.

(2) No closer than 500 feet to another sexually oriented business.

(3) No alcoholic beverages are sold on the premises.

(4) Merchandise and services are not visible from the exterior of the premises.

(5) Signs shall not be lighted and shall not exceed four square feet in area and shall otherwise comply with Chapter 133 of the Village Code.

M. Aviation-related activities in the BA District. Permitted when the activity is demonstrably supportive of, and ancillary to, the operation of the Hamilton Municipal Airport. Such uses may include residences and offices associated with executive hangars as well as separate businesses supportive of aviation services.

N. Public park. A public park shall only be established by the Village Board of Trustees.

O. Parking lots, on-site parking; supplemental parking.

(1) All parking areas associated with commercial uses, institutional uses, or home occupations must be screened according to §§ 174-47 and 174-48.

(2) No required on-site parking or on-site supplemental parking may include stacked parking spaces.

(3) On-street parking spaces may not be designated as loading areas or bus parking spaces except by resolution of the Village Board.

(4) Supplemental parking space are excluded from accessibility minimums set in Article X.

P. The rental of a residence or parts of a residence for a home occupation tourist home is limited to a total of 30 days per year, subject to applicable conditions and licensing requirements.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.