Town of Hamptonburgh, NY Article VII Supplementary Requirements

§ 150-19 Agricultural operations; keeping, breeding and raising of certain animals.

A. Supplementary yard requirements as listed in this subsection shall apply to agricultural operations; and to any other operations involving the keeping, breeding and raising of chickens or other fowl, swine, rabbits, minks, rodents, primates and/or other mammals for any commercial or lab purposes; and to private stables or riding academies where horses are boarded for any length of time. No coops, barns, sties nor other animal housing structures; nor storage of manure or other odor or dust producing substance; nor heat or power generating facilities shall be located within 200 feet of any lot line.

B. Operating standards shall apply to such operations, such that adequate animal housing facilities, fencing, ventilation, permanent hot and/or cold water supplies, cleaning and sanitation facilities shall be furnished as needed to provide for any associated animals. Animal housing and confinement, waste handling and maintenance shall be conducted so as not to create a public health and safety hazard. Animal wastes shall be stored and maintained so as to prevent runoff to watercourses, water bodies, or to adjoining lots. Further, all agricultural operations shall comply with all applicable state, federal or local animal health and pollution control regulations and standards.

C. Kennels.

(1) Applicability. Kennels require site plan approval by the Planning Board, except as specified otherwise pursuant to Subsection C(2)(b) herein.

(2) Categories of kennels. Two categories of kennels are established herein, with different area requirements, operational and confinement standards specified for each:

(a) Boarding or other commercial kennels. Kennels which offer boarding services for a fee or other consideration and kennels where animals are harbored or kept for other commercial or training purposes shall be required to meet the following standards:

[1] Confinement standards.

[a] Structures shall be provided for adequate shelter and protection of animals. Such structures shall be of fireproof construction, with flooring to consist of sealed concrete or other comparable material with a minimum slope of one quarter inch per foot; coved corners; and drains, gutters and cleanouts. Hot and cold water supplies shall be permanently installed for proper sanitation and cleaning. Mechanical ventilation shall be provided with a minimum ten-minute air change, with all ventilation openings to be screened.

[b] Exercise pens or runs shall be enclosed by fences of at least six-foot chain link or its equivalent, with steel framed gates and steel posts mounted securely in the ground.

[c] All animals shall be kept indoors during the hours of darkness.

[d] Separate confinement quarters shall be provided for any animal that is sick or in ill health. When required, separation partitions shall be constructed of masonry material at least three feet high, with chain link fencing at least three feet high on top of the masonry wall.

[e] All structures shall conform to the New York State Uniform Fire Prevention and Building Code, where applicable.

[f] All such facilities and structures shall be designed in a style and manner that is compatible and harmonious with the design and style of surrounding structures.

[2] Operating standards.

[a] Storage and/or disposal of animal fecal and other wastes and all wastes related to animal feeding or care shall be in such a manner as to prevent any nuisance, odor or other sanitary or public health problems and so as to prevent their runoff onto other properties or into water bodies or waterways. Kennels shall be operated in conformance with all federal, state or local regulations or agencies having jurisdiction.

[b] All animals shall be properly cared for, adequately fed and watered.

[c] All such facilities shall comply with the noise and odor standards set forth in this chapter and shall also comply with Chapter 53, Animals, and as amended.

[3] Lot size and setback requirements. Such kennels shall require a minimum fifteen-acre lot size, with all structures and material storage located no closer than 200 feet to any lot line.

[Amended 4-13-1999 by L.L. No. 1-1999; 9-2-2003 by L.L. No. 2-2003]

(b) Other kennels. All other types of kennels not addressed under the category of boarding or other commercial kennels in Subsection C(2)(a) above shall require site plan review by the Building Inspector, who may opt to refer the same to the Planning Board for review. The Building Inspector shall administer an intake form which shall be used to determine the classification of kennel which is proposed for any site. Kennels which lie in this category are required to meet the following performance standards:

[1] Confinement standards.

[a] Adequate shelter and protection from the elements shall be provided for animals.

[b] Adequate securely enclosed exercise area or runs shall be provided.

[c] All animals shall be kept indoors during the hours of darkness.

[d] Adequate provisions shall be made for separately confining and caring for any animal that is sick or in ill health.

[e] All structures shall conform to the New York State Uniform Fire Prevention and Building Code, where applicable.

[f] All such facilities and structures shall be designed in a style and manner that is compatible and harmonious with the design and style of surrounding structures.

[2] Operating standards.

[a] Storage and/or disposal of animal fecal and other wastes and all wastes related to animal feeding or care shall be in such a manner as to prevent any nuisance, odor or other sanitary or public health problems and so as to prevent their runoff onto other properties or into water bodies or waterways. Kennels shall be operated in conformance with all federal, state or local regulations or agencies having jurisdiction.

[b] All animals shall be properly cared for, adequately fed and watered.

[c] All such facilities shall comply with the noise and odor standards set forth in this chapter and in Chapter 53, Animals, and as amended.

[3] Lot size and setback requirements. Such kennels shall require a lot size which conforms with all requirements of the zoning district in which the property is located, with all structures and material storage located no closer than 50 feet to any lot line.

§ 150-20 Regulated public service and utility structures.

A. Setback requirements. Regulated public service and utility structures, such as telephone switching stations, relay stations and the like, may be exempted from standard lot size and setback requirements for any zone, except that setback requirements for such structure shall be no less than the 1 1/2 times the height of such structure on all sides of the property. Towers such as microwave and radio transmission or receiving towers or others shall comply with any other applicable federal, state and local regulations or other requirements for setbacks where the same are more stringent than the preceding. Telephone and electric poles and transmission towers are exempted from the preceding setback requirements.

B. Performance standards for noise and vibration. No regulated public service or utility structure or installation shall produce noise or vibration that exceeds the standards for nonnuisance industry as set forth in this chapter at § 150-14D(3).

[Amended 4-13-1999 by L. L. No. 1-1999]

C. Location of certain structures. Certain regulated public service or utility structures, such as microwave transmission or receiving towers, radio, television, or other antennae or other facilities in excess of 35 feet in height shall not be placed in a residential zone within the Town where adequate service may be provided by placing such facility in a nonresidential zone.

§ 150-21 Conservation subdivisions; incentive zoning in conservation subdivisions.

[Amended 4-13-1999 by L.L. No. 1-1999; 9-2-2003 by L.L. No. 2-2003; 10-27-2010 by L.L. No. 2-2010]

A. Modification of lot requirements. For the purposes set forth earlier in this chapter, and to promote the most appropriate use of land, to promote natural resource preservation and conservation, and to facilitate the adequate and economical construction of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the New York State Town Law. These provisions may be utilized:

(1) When applied for by the applicant of the land to be subdivided if, in the judgment and discretion of the Planning Board, their application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above; or

(2) Where the Planning Board determines that their application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above and where the Planning Board determines that one or more of the criteria as set forth in Subsection A(2)(a) through (d) below would be achieved. In this case, the Planning Board may require the applicant to submit an application which reflects such modifications of applicable provisions of this chapter.

(a) The preservation of a unique or significant natural feature of the site, including but not limited to a vegetative feature, wildlife habitat, surface water supply, underground aquifer, endangered species, rock formation, steep slope area, etc.

(b) The protection of a unique or significant feature of the man-made environment of the site, including but not limited to a building, structure or artifact of architectural, historical or archaeological value.

(c) The preservation of any unique or significant aesthetic feature of the site, including but not limited to a community vista, ridgeline, historic setting, etc.

(d) The protection of any other unique or significant feature of the site which the Planning Board determines to be important for historic, recreational, educational, open space or similar purposes.

(3) Provisions.

(a) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3)(a), regarding average density subdivisions, was repealed 10-27-2010 by L.L. No. 2-2010.

(b) Conservation subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 278 of the New York State Law, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that:

[1] The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations, the Orange County Department of Health, the New York State Department of Transportation, the Orange County Department of Public Works, the New York State Department of Environmental Conservation and the Army Corps of Engineers Regulations and all other applicable requirements. The basis for this determination by the Planning Board shall be a conventional subdivision layout and other information as may be required by said Board for the subject property.

[2] No lot shall have less than 1 acre of lot area, lot frontage of 175 feet, lot width of 175 feet, a front yard of 50 feet, a rear yard of 40 feet and a side yard of 35 feet, development coverage of 20% and a building coverage of 10%.

[3] In the event that some part of said subdivision plat includes land to be devoted to park, recreation or open space:

[a] The Planning Board, as a condition of plat approval, for lands not dedicated in fee simple to the Town of Hamptonburgh for recreational purposes shall be in the form of a homeowners' or condominium owners' association or associations, as is appropriate; or in any other form or entity approved by the Planning Board.

[b] Open space lands created by virtue of a conservation development shall not be used in any way for commercial or profit-making recreational purposes, except if expressly so authorized by the Town Board, subject to site plan approval by the Planning Board.

[c] Open space lands created by virtue of a conservation development shall have all development rights extinguished, either by a conservation easement or covenants and restrictions, and no further construction shall be permitted, except for commercial or profit-making recreational purposes expressly authorized by the Town Board and subject to site plan approval by the Planning Board.

[d] Whenever a homeowners' or condominium owners' association is proposed, the Planning Board reserves the right to review and approve the articles of incorporation or covenants and bylaws of such association with respect to the proposed land use approval in order to require any conditions it deems necessary in order to ensure that the purpose and intent of this chapter are carried out.

[4] In addition to compliance with any special standards, requirements and procedures as set forth in Subsection A(3)(b), conservation developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in the office of the County Clerk, a copy shall also be required to be filed with the Town Clerk, who shall make the appropriate notations and references thereto on the official copy of the Town Zoning Map.

B. Incentive zoning in conservation subdivisions.

(1) Notwithstanding Subsection A(3)(b)[1] above, an application to the Planning Board for approval of a conservation subdivision shall receive a density bonus if a minimum of 50% of the land area in the subdivision is set aside as a separate parcel and reserved in perpetuity as open space. In calculating the size of the open space parcel, the Planning Board shall include any land required by the Board to be used for park, playground or other recreational purposes in accordance with NYS Town Law. The open space parcel may also contain undevelopable land such as wetlands and steep slopes. At the discretion of the Planning Board, the designated open space may be included within a building lot, or lots, specifically identified on the subdivision plat. Any lot, or lots, containing designated open space must be encumbered by a permanent restriction that is subject to the review and approval of the Town Attorney.

[Amended 6-30-2004 by L.L. No. 2-2004]

(2) This density bonus shall be in accordance with the following schedule relative to the number of dwelling units which could be permitted, in the Planning Board’s judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations, the Orange County Department of Health Regulations and all other applicable requirements, as determined by the Planning Board based on a conventional subdivision layout and any other information as may be required by said Board for the subject property.

[Amended 6-30-2004 by L.L. No. 2-2004]

	Conventional Subdivision	Conservation Bonus
	2-5	None
	6-11	One
	12-18	Two
	19-25	Three
	26-31	Four
	32-38	Five
	39-43*	Six
	44+	15%

NOTE: Any subdivision with a conventional plan yield of more than 43 lots which would result in a conservation subdivision of more than 49 lots may require the construction of central water supply and sanitary sewer systems to conform with New York State Health Department requirements.

(3) Pursuant to Town Law § 261-b3(g), the Town Board, prior to adoption of this section of this chapter, has evaluated the impact of the above incentive provision upon the potential development of affordable housing gained or lost by the provision of any such incentive. The Board has determined that there is approximate equivalence between potential affordable housing lost or gained.

(4) Pursuant to Town Law § 261-b3(c), the Town Board has also found, after evaluating the effects of any potential incentives, that the districts in which the incentive is authorized contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection. Also, the Board has found that there will be no environmentally significant damaging consequences and that such incentives are compatible with the development otherwise permitted.

§ 150-22 Accessory parking and loading requirements.

A. Off-street parking requirements; also joint or shared parking. Accessory off-street parking spaces, either open or enclosed, shall be provided on the same lot for any use as specified in Subsection B hereunder. Reasonable and sufficient off-street parking requirements for any use or uses which are not listed in Subsection B and/or for any uses which may jointly share parking facilities shall be determined by the Planning Board during site plan review using standard reference materials such as the Institute of Traffic Engineers Parking Generation Handbook or other sources, as may be appropriate. Parking needs calculations shall be based upon consideration of all factors affecting parking needs of such uses, including, but not limited to, the number of employees at any one time, the number of customers or visitors at any one time, possible shared parking arrangements, peak usage periods, potentially available unimproved parking areas and other relevant factors.

(1) Areas computed as parking spaces. Areas which may be computed as parking spaces for purposes of this section include fully accessible enclosed spaces, such as garages or carports; or open spaces other than a street, carriageway or driveway, unless specifically included elsewhere in this chapter, except that, for residential uses only, a driveway for an individual dwelling unit may count as one parking space. Notwithstanding the preceding provision, driveways for residential uses that front directly on arterial roads, major or minor collector roads, as listed in the 1990 Master Plan, must contain an adequate turnaround area so as to avoid having vehicles back directly onto such roads.

(2) Size. The minimum required size for standard automobile parking spaces is 10 feet in width and 18 feet in length, if a center island is provided, otherwise 20 feet in length shall be required. Minimum handicapped parking space size and access aisle size and layout shall be as prescribed by current New York State Uniform Fire Prevention and Building Code requirements.

(3) Circulation accessways. Minimum circulation accessways shall be provided as follows:

(a) For ninety-degree angle parking: 24 feet.

(b) For sixty-degree angle parking: 18 feet.

(c) For forty-five-degree angle parking: 15 feet.

(4) Access to and from street. Minimum unobstructed access of at least 15 feet in width to and from a street shall be provided for a parking area with up to 20 spaces. For a parking area with more than 20 spaces, dual access or exits may be required.

(5) Surfacing. All unenclosed parking spaces, circulation and accessways shall be properly drained and surfaced. Parking areas accessory to individual single- and two-family detached residences are not required to be surfaced, absent any more restrictive requirements from county or state agencies or of this chapter. Parking areas for more than 10 spaces shall be surfaced with a dustless surface.

(6) Location. Required accessory parking shall be located on the same lot as the use to which it is accessory, or it may be located on an another lot, provided that all such required spaces are within 500 feet of such lot; except that, if the use to which the parking is accessory is not permitted in the district in which the parking spaces are located, such off-site parking shall not be permitted. Any off-site parking shall be protected by means of deed restrictions, approved by the Planning Board, to ensure that the parking is maintained throughout the duration of the use or their replacement elsewhere.

(7) Slope. Parking areas shall not lie on slope that exceeds 6% in any direction.

B. Minimum off-street parking requirements.

(1) Residential uses.

(a) Single-family detached: two spaces per dwelling, with full turnaround area.

(b) Two-family: two spaces per dwelling, with full turnaround area; plus one additional space per two-family dwelling unit for guest parking.

(c) Multifamily: two spaces per dwelling unit, plus 0.5 additional spaces per dwelling unit for guest parking.

(d) (Reserved)[1]

[1] Editor's Note: Former Subsection B(1)(d), Mobile homes/mobile home courts, was repealed 9-2-2003 by L.L. No. 2-2003.

(e) Parking requirements for attached clustered single-family dwelling units shall be calculated according to Subsection B(1)(c) above.

(2) Agricultural farm stands: sufficient to meet anticipated needs, but not less than one per five linear feet of agricultural farm stand or 200 square feet of sales area, whichever is greater.

(3) Banks: one per 200 square feet of floor area.

(4) Churches: sufficient to meet anticipated needs, but not less than one space per each of four seats. Accessory uses such as rectories, church schools, etc., should be considered as joint uses pursuant to Subsection A of this part.

(5) Regulated public utilities: sufficient off-street parking to meet anticipated needs.

(6) Automotive repair shops: five spaces for each bay or work station. The parking requirements for any automotive repair component shall be in addition to the parking requirements of any other component of a mixed use, such as gasoline service stations or convenient stores.

(7) Automotive sales: sufficient to meet anticipated needs, but not less than two spaces per salesman's desk at peak working shift. The parking requirement for any automotive repair component of an automotive sales dealership shall be in addition to such parking requirement.

(8) Coin-op laundromat: one space per three washing machines installed, with one additional space per two drying machines installed.

(9) Bed-and-breakfast: one per guest room, in addition to those required for the residents' use.

(10) Hotel or motel: one per guest room, plus one additional per each of five rooms, plus two additional spaces for staff usage for each of 20 rooms. The parking requirements for any accessory conference, banquet or restaurant facilities shall be considered in addition to such hotel guest room and staff requirements, although the Planning Board may reduce such additional spaces to the extent that an applicant can demonstrate that its conference or banquet facilities will be used solely or primarily by its hotel or motel overnight guests.

(11) Library, museum or art gallery: one space per 300 square feet of floor area.

(12) Day-care center or facility; nursery school: one space per employee at maximum shift capacity, plus one additional space for every four children maximum rated capacity.

(13) Cemetery: 50 spaces minimum; except that such spaces may be parallel with internal drives such that safe through passage is provided.

(14) Golf course: five spaces for each tee.

(15) Recreation facility: one space for every three persons maximum rated capacity at peak usage.

(16) Theater or similar place of public assemblage, except as otherwise specified in this chapter: one space per three seats maximum rated capacity.

(17) Heliport: three spaces, plus one for each private aircraft, plus five additional spaces per scheduled arrival or departure over a peak three-hour period, if applicable.

(18) Funeral home: one space per three seats maximum rated capacity, plus two additional spaces; or on an as-needed basis, determined by the Planning Board under site plan review.

(19) Nursing home: one space per each four beds.

(20) Retail, service or office: for service and retail uses, one standard space per 200 square feet of floor space in customer use; for office uses only, one space per 200 square feet of gross floor space, except that spaces reserved strictly for office use may be reduced to nine feet in width.

(21) Restaurants; also hotel or motel accessory conference center or banquet facilities: one space per every three seats or one per 150 square feet of floor area, whichever yields the greater number of required parking spaces.

(22) Schools: the number of spaces per student, to be determined by the Planning Board under site plan review, plus one additional space per each staff person.

(23) Industrial uses; laboratory or research uses; light or nonnuisance manufacturing: one per employee at maximum shift, plus three additional spaces must be provided, with the reserved potential capacity to provide up to one space per 400 square feet of floor area, if the latter is greater. In addition, sufficient area must be provided for parking all trucks that may be employed on the site at any one period of time.

(24) Wholesale, warehouse or distribution facilities: one per employee at maximum shift, plus three additional spaces, with the reserved potential capacity to provide up to one space per 1,000 square feet of floor area, if the latter is greater. In addition, sufficient area must be provided for parking all trucks that may be employed on the site at any one period of time.

(25) Senior living and care communities and/or affordable senior living and care communities: the number of off-street parking spaces to be provided shall be equal to 90% of the total number of dwelling units.

[Added 3-4-2013 by L.L. No. 1-2013]

C. Trucks, boats, trailers and recreational vehicles. The storage or parking and use of trucks, boats, trailers or recreational vehicles by any person or person is prohibited in all districts, except as provided below.

(1) Unenclosed parking: one truck, boat, camping trailer or recreational vehicle of any length may be parked unenclosed on an occupied lot in any residence district, but not used for any purpose while so parked, provided that such parking does not take place within the required yards of such lot and in no case between the street line and the principal building. Additional such vehicles, up to a total of three of any kind, may be parked unenclosed on an occupied lot in any residence district, but not used for any purpose while so parked, provided that such parking does not take place within the required yards of such lot and in no case between the street line and the principal building, pursuant only to authorization of the Building Inspector. Such authorization shall only be granted upon a demonstration that such vehicles will be screened from view of adjoining properties on all sides in all seasons by means of existing or proposed fencing, vegetative screening or other appropriate means. Said Building Inspector's authorization shall be granted upon condition of said screening being maintained as long as said storage use shall continue.

(2) Enclosed parking. Additional trucks, boats, camping trailers or recreational vehicles up to and exceeding 27 feet in length may be parked within a private garage on an occupied lot in any residence district.

(3) Temporary trailer permit. Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for the use of one trailer adjunct to that construction for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which said building permit has been issued. Prior to the issuance of such a temporary permit by the Building Inspector, the location of said trailer on the lot shall be subject to the approval of the Building Inspector. Said Building Inspector may attach to his approval whatever conditions deemed necessary to carry out the intent of this chapter.

D. Loading requirements. Every nonresidential land use or structure shall be provided with off-street truck loading spaces or loading berths as set forth below:

(1) Laboratories and research facilities:

(a) With floor area over 10,000 to 25,000 square feet: one berth.

(b) From 25,000 to 100,000 square feet: two berths.

(c) For each additional 100,000 square feet or fraction thereof: one additional berth.

(2) Retail sales and service establishments:

(a) With floor area over 8,000 to 25,000 square feet: one berth.

(b) For each additional 25,000 square feet or fraction thereof: one additional berth.

(3) Manufacturing, wholesale, storage uses:

(a) Per 10,000 square feet or fraction thereof of such use: one berth.

(b) For each additional 20,000 square feet or fraction thereof: one additional berth.

(4) Other uses not specifically listed: to be determined by the Planning Board based on a reasonable calculation of its respective needs.

(5) Size. The size, location, access and maneuvering space required for loading berths shall be determined by the Planning Board upon site plan review.

(6) On lots divided by district boundaries. Loading berths accessory to a use on any lot divided by a zoning district boundary shall only be permitted on that portion of the lot that lies within a district in which that use is permitted.

§ 150-23 Permitted accessory uses.

The following accessory uses are permitted:

A. Accessory parking and loading facilities, subject to § 150-22.

B. Accessory to the construction of any permitted use, temporary structures for storage of equipment and materials used in such construction during the period of a valid building permit.

C. Accessory to any agricultural operations: barns, accessory sheds, silos, feedbins, garages and outside storage of agricultural materials, subject to § 150-19.

D. Accessory to any agricultural operations: buildings or stands for the sale of goods or materials primarily grown or produced on the premises, provided that no such structure is less than 30 feet from any lot line.

E. Accessory signs subject to § 150-24.

F. Accessory to a residential use:

(1) The keeping of not more than two nontransient boarders or roomers.

(2) The storage of trucks, boats, camper trailers and recreational vehicles, pursuant to the requirements of § 150-22.

(3) Private garages for use of the premises, with a four-car capacity size limit for detached garages.

(4) A private swimming pool for use of the premises.

(5) The keeping of domestic animals, as defined by this chapter, as described below:

(a) Not more than a total of three dogs six months of age or older may be kept as a permitted accessory on any residential lot.

(b) For keeping of more than three dogs six months of age or older, refer to the requirements of this chapter for kennels, § 150-19C.

(c) Accessory to any residential use on a lot not less than two acres in size, not more than two horses over six months old; or not more than 10 fowl; or not more than two of any other species of animal, excluding pigs and cattle, may be kept. Additional such large animals up to a maximum of 10 may be kept as accessory to a residential use, with the provision of additional acreage as follows: one additional acre of land above the minimum two-acre requirement shall be provided for each permitted additional horse or other similarly large animal over six months old. Within this required acreage, appropriate exercise and/or pasturage area shall be provided as follows: at least 10,000 square feet shall be provided for the exercise and pasturage of smaller permitted ungulates, such as sheep and goats, with an area of at least 20,000 square feet for the exercise and pasturage of larger permitted ungulates, such as horses. Fencing for such animal enclosures shall have a minimum setback of three feet from the property line.

(d) No domestic animal shall be housed, sheltered or regularly kept; no feeding or watering areas shall be established; and no associated material, including, but not limited, to bulk feed storage and manure piles, shall be stored or maintained within 75 feet of any lot line and no closer to the street frontage than the residence, except that accessory domestic dogs and cats pursuant to this subsection shall not be subject to this setback restriction.

(6) Structures such as noncommercial greenhouses, tool sheds, tennis courts, recreational structures and similar structures.

(7) Bed-and-breakfasts, subject to restrictions established elsewhere in this chapter.

(8) Use of a portion of a single-family dwelling for home occupations, as defined in this chapter, subject to site plan approval.

(9) Garage sales, with a limit of not more than three consecutive days per each individual garage sale event and not more than four garage sale events per year.

G. Accessory to permitted outdoor recreation facilities: toilet, shower and locker rooms and clubhouses pursuant to site plan review.

H. Accessory access and exit drives; except that no driveway shall provide access to a lot located in another district for a use which is prohibited in the district in which such driveway is located.

I. Gasoline filling stations shall be considered accessory to convenience retail uses that are not more than 1,000 square feet in size.

J. Convenience retail uses not more than 1,000 square feet in size shall be considered accessory to gasoline filling station uses.

K. Accessory to gasoline filling stations and auto repair shops: rental trailers and/or rental trucks, provided that sufficient parking space shall be provided for each; and provided that no more than eight of each shall be kept on the site at any one time. Storage shall be to the rear of the building, and the parking area for such trucks and/or trailers shall be screened at the rear and side property lines.

L. Fences. Fences shall be a permitted accessory to all uses, subject to the following restrictions:

(1) Direction. The finished side of all fences, with the exception of livestock fences, shall face out towards abutting properties.

(2) Location. Fences shall be set back a minimum of one foot from the property line, except that any fence higher than four feet shall be set back a minimum of three feet from a property line and except that in no case shall any fence be placed closer to a public road right-of-way than the outermost edge of such right-of-way in cases where a property line extends into a public road right-of-way.

[Amended 4-13-1999 by L.L. No. 1-1999]

(3) Sight distance. No fence shall be placed so as to create a sight distance restriction to traffic visibility on a public or private road.

(4) Height. Fences shall be no higher than eight feet in residential zones. In commercial zones, any applicable height limitations on fences shall be determined by the Planning Board during site plan review, unless such limitations are otherwise specified elsewhere in this chapter.

(5) Construction. Fences shall be constructed of customary and typical materials for such construction, such as wooden or metal posts and wires or boards.

M. Farm Labor Housing. Farm labor housing shall be a permitted accessory use, without the need or necessity of either subdivision or site plan approval, subject to compliance with the following requirements:

[Added 11-9-2006 by L.L. No. 7-2006]

(1) Each unit of farm labor housing must comply with the minimum bulk and area requirements as set forth within the table of use and bulk regulations set forth at the end of this chapter applicable to the zoning district wherein the property is located.

(2) The farm labor housing shall be required to meet the minimum standards for domestic well water, in terms of both quantity and quality, as well as meet the minimum required standards for sewage disposal in accordance with the requirements of the Orange County Health Department.

(3) Each and every housing unit shall be in compliance with the applicable provisions of the New York State Uniform Fire Prevention and Building Code as well as other applicable laws, ordinances and regulations which apply to either building construction and/or the operation and maintenance of farm labor/migrant housing.

(4) The farm labor housing shall be removed by the property owner when the agricultural operations have ceased for a period of two years or more. Removal of the farm labor housing unit, or units, shall require a permit from the Town Building Inspector.

(5) The farm labor housing unit may not be occupied for any non-farm- or non-agricultural-related purpose.

(6) The property owner shall specifically acknowledge, in writing, the requirements of this section of the Code prior to the issuance of a building permit for each unit of farm labor housing. This written acknowledgement shall be in the form of a restrictive covenant prepared in form satisfactory to both the Town Attorney and the Office of Counsel for the New York State Department of Agriculture and Markets.

(7) Nothing herein shall be construed as prohibiting or preventing a property owner from using said housing unit or units for any other use permitted by the Code, subject to compliance with any and all requirements applicable to said permitted use.

(8) Building permit required. The property owner shall make application to the Building Inspector for construction of the farm labor housing in compliance with §150-29 of the Town Code.

§ 150-24 Signs.

[Amended 7-6-1999 by L.L. No. 2-1999; 2-5-2002 by L.L. No. 1-2002; 9-2-2003 by L.L. No. 2-2003]

A. Intent. The Town of Hamptonburgh finds that signs are a necessary means of communication that can benefit and detract from the community and neighborhood character and should conform with the following provisions. At no time should these provisions be interpreted to regulate any aspect of the content of any sign.

B. Nonconformities. No sign shall be constructed except in conformance with this section. Any signs in existence at the time this regulation is enacted, if not in conformance with these requirements, shall be considered nonconforming structures.

C. Exceptions. The following types of signs are allowable without any municipal approval except that any such sign shall not exceed the maximum dimensional, height or area requirements of this section relevant to the applicable zoning district.

(1) Election signs. All signs advertising a candidate for public office or any other public ballot initiative are exempt from these regulations.

(2) Temporary on-premises signs. Any property owner is permitted to erect a single, temporary, nonilluminated sign on said property advertising the sale or lease of merchandise or a special event. Such sign shall be removed within three days after the sale, lease or event.

(3) "For sale" and "for rent" signs. No more than two nonilluminated signs advertising the sale or rental of a property may be erected and maintained on said property by the owner or broker or any person with legal interest in the sale or rental of such property. Up to two additional, nonilluminated signs may be erected or maintained if said property abuts more than one public right-of-way.

(4) Location, street address and public safety signs. Any property owner is permitted to erect one nonilluminated sign identifying the property name or residents of the property and the official street address. Other signs offering information necessary for public safety, including by example customary posted or no-trespass signs, private drive, parking, or exit/entrance signs, along with other signs required pursuant to any governmental function, law or regulation are also exempt.

(5) Other. When not associated with a commercial activity, all historical or memorial markers as well as flags, insignia or emblems of any government or religious organization and any religious holiday decorations are also exempt from these regulations.

D. Measurement of sign area. Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the sign surface. For a sign painted on or applied to a building, the area shall be considered to include the smallest rectangle or other shape which encompasses all lettering, numbering, designs, logos or lights, together with any background of a different color than the finish material of the building. The area of supporting framework, such as brackets or posts, shall not be included in the area if such framework is incidental to the display. When a sign has two or more faces, or is composed of multiple signs each with a face, the sum of the areas of all the faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two feet from each other. In this latter case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.

E. Measurement of height. The height of any sign shall be measured from the highest point of the sign to the surface of the ground prior to construction of the sign or to the surface of the nearest public road, whichever is lower.

F. Off-premises signs. Signs displaying information on uses, events, goods, products, services or facilities offered at locations other than on the tax lot where the sign is located are prohibited with the exception of general directory or directional signs which may be approved by the Town of Hamptonburgh Planning Board.

G. Home occupation signs: one nonilluminated sign per home occupation.

H. Subdivision signs: sign or signs identifying a new or existing subdivision subject to Planning Board review.

I. General provisions for all signs.

(1) All signs shall conform with the following dimensions:

	Zone	Maximum Dimensions (square feet)
	R-2A, R-3A and R-4A	12
	HRC-4, NB and O-HC	20
	I, LUI and IP	70

(2) Construction and maintenance. Any sign must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

(3) Obstruction of public right-of-way. Signs attached to a structure shall not project more than three feet from the structure. No sign shall extend over a public right-of-way or public sidewalk, and no sign shall obstruct views from any public right-of-way to any other public right-of-way.

(4) Illumination. Signs shall be indirectly illuminated only.

(5) Signs larger in area than those listed elsewhere in this chapter may be permitted pursuant to special authorization and site plan approval by the Planning Board. In order to grant such authorization, the Planning Board must find that such signs would not constitute a nuisance or hazard, would be aesthetically consistent with existing and potential future uses of surrounding properties and would be compliant with any other requirements of this chapter.

(6) Wall-mounted signs shall not be higher than the height of a building, excluding pitched roofs, dormers, chimneys and other such structural elements.

(7) No freestanding sign shall stand higher than 12 feet at its highest point. Any decorative pediment or any other structural portion of the sign shall be included as part of such sign in its measurements.

J. Permits. Building permits shall be required for all signs except those described in Subsection C of this section. Any building permit shall conform to the requirements of this section.

§ 150-25 Recreational uses.

[Amended 6-5-2001 by L.L. No. 4-2001]

A. Permitted recreational uses. Subject to the requirements of site plan and/or special use permit approval, recreational uses include, but are not limited to, uses such as tennis courts; public swimming pools; health clubs; batting ranges; miniature golf courses; shuffleboard courts; jogging, hiking, horse or ski trails; indoor shooting ranges; indoor or outdoor ice skating rinks; indoor roller-skating rinks; indoor skateboard facilities, indoor roller blade facilities, indoor pedal bike facilities; outdoor skateboard/roller blade/pedal bike facilities, and the like.

B. Prohibited recreational uses. Prohibited recreational uses for a recreational facility include, but are not limited to, uses such as outdoor shooting ranges (whether or not involving the use of live ammunition, and involving any method of propulsion); arcades as defined in this chapter; bungee-jumping facilities; carnival rides such as roller coasters, Ferris wheels and the like, except by temporary special permit of the Town Board; automotive race tracks, motorcycle, motorbike or other automotive vehicle tracks, including all-terrain vehicle tracks or trails, and the like. Other uses which may create an objectionable nuisance by reason of noise or the generation of unreasonably large crowds or other nuisance factors, as determined by the Planning Board, shall be deemed to be prohibited recreational uses.

§ 150-26 Prohibited uses.

The uses listed in this section are prohibited in the Town.

A. Any use, whether specifically listed in this chapter or not, which does not comply with the emissions and other standards set forth in § 150-15E.

B. Live adult entertainment, as defined in this chapter, is prohibited within 750 feet of any residential zoning district, residential use, place of worship, park or school. Said distance shall be measured from the building containing such live adult entertainment to the residential zoning district boundary or property lot line of the residential use, place of worship, park or school, without regard to whether such uses are located within the bounds of the Town of Hamptonburgh.

C. Any other use, whether specified above or not, that is of such a nature as to be detrimental to neighboring properties by reason of emission of odor, dust, refuse matter, garbage, smoke, vibration, gas, noise or any other factor that is detrimental to the comfort, peace, enjoyment, health, safety or welfare of the area or the community.