Hamilton Village City Zoning Code
ARTICLE I
General Provisions
§ 174-1 Title.
This chapter shall be known and cited as the "2017 Village of Hamilton Zoning Law."
§ 174-2 Purpose.
In accordance with the provisions of §§ 4-412, 7-700, 7-702 and 7-704 of the Village Law, this chapter is enacted to guide and regulate the use of land and buildings and the location and configuration of buildings and structures for the following purposes:
A.
To encourage the most appropriate use of land.
B.
To afford safety from fire, panic and other dangers.
C.
To provide adequate light and air.
D.
To establish requisite public utilities and facilities.
E.
To develop suitable vehicular and pedestrian traffic circulation.
F.
To prevent overcrowding and undue concentration of population.
G.
To conserve the value of buildings and properties.
H.
To protect and enhance the character of the Village.
§ 174-3 Interpretation, applicability and effect.
A.
The provisions of this chapter shall be held to be the minimum requirements for the public health, safety and general welfare.
B.
When this chapter imposes a greater restriction on the use of buildings or land or on building heights or requires larger open spaces or makes any other greater restriction than is required by any other law, ordinance, rule or regulation or by easements, covenants or agreements, the provisions of this chapter shall govern.
C.
These regulations apply throughout the Village and govern the development and use of all properties within the Village.
D.
The provisions of this chapter, as they apply to agricultural operations meeting the definition of "sound agricultural practices" as defined in Article 25-AA of the Agriculture and Markets Law, if conducted upon premises located within a New York State certified agricultural district, shall be deemed qualified by, and subject to the provisions of said Article 25-AA. There shall be no restriction or regulation of farm structures or farming practices in a New York State certified agricultural district unless such absence of restriction bears a direct relationship to public health or safety.
E.
Except as hereinafter provided:
(1)
No work may begin on the construction, reconstruction, structural alteration, or relocation of a building, structure or facility, nor shall any surface modification, excavation or site work subject to this chapter begin, until a building permit confirming compliance with these regulations is issued by the Code Enforcement Officer. Required permit(s) and approval(s) must be obtained prior to commencement of any development activity regulated by this chapter. Failure to do so is a violation of this chapter and is subject to penalties as defined herein.
(2)
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, unless in conformity with all of the regulations and provisions of this chapter.
(3)
No building or structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of dwelling units; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards or other open spaces than is herein specified for the district in which it is located or in the regulations applicable to all districts.
(4)
No newly constructed building or facility, nor any altered building or facility, may be occupied, nor may any change in occupancy type be commenced except in compliance with the requirements of this chapter and upon the issuance of a certificate of occupancy by the Code Enforcement Officer.
(5)
No part of a yard or open space required about any building or structure for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for another building or structure.
(6)
Required yards shall be open from their lowest part to the sky, unobstructed, except for the ordinary projections of sills, cornices, pilasters, chimneys, and eaves, provided that no such projection extends more than two feet into any required yard.
(7)
Permitted uses are those specifically listed as permitted uses in each district. Unnamed uses and all uses not specifically permitted in a district by right or permitted upon site plan approval and/or issuance of a special use permit or upon compliance with special conditions shall be deemed prohibited.
(8)
Upon the effective date of this chapter, the existing Zoning Law of the Village of Hamilton, and the Village of Hamilton Zoning Map, as amended, are hereby repealed. The adoption of this chapter, however, shall not affect the continued validity of any Village permit or approval for a project, whether phased or not, where construction of such project has commenced prior to the effective date of this chapter.
(9)
Land use under special approvals. Existing buildings, structures, and uses, either previously allowed by right and currently subject to special approvals, or uses previously authorized by special approval, including variances, special use permits, site plan approvals and other similar approvals, shall be subject to the provisions of this chapter regarding modifications to approved uses or structures.
(10)
Existing violations. Any building, structure or use existing on the effective date of this chapter, which is unlawful under any prior applicable regulations, shall be lawful only to the extent that it complies with this chapter. However, such compliance shall not excuse or be used to abate or enjoin the prosecution of such unlawful conduct, whether initiated prior or subsequent to the effective date of this chapter.
§ 174-4 Effect on earlier regulations.
A.
The adoption of this chapter shall not affect any pending or prevent any future prosecution of or action to abate any existing violation of the any prior zoning regulations duly in effect at the time of the violation.
B.
Except as otherwise specifically provided in this chapter, nothing herein shall be deemed to change the status of nonconforming uses heretofore created by virtue of the provisions of any prior law regulating land use, if such uses remain nonconforming under the provisions of this chapter. The terms of this chapter shall apply to any subsequent change in use, and to alterations, extension, or movement of a building or structure, and to any change in use of land.
[Amended 5-16-2023 by L.L. No. 2-2023]
§ 174-5 Effect on other laws.
Compliance shall be required with all other applicable laws, ordinances and codes relating to properties and buildings, including but not limited to the:
A.
New York State Uniform Fire Prevention and Building Code.
B.
New York State Multiple Residence Law.
C.
New York State Environmental Conservation Law.
D.
United States Flood Disaster Protection Act.
E.
Village of Hamilton Sewer Use Ordinance.[1]
[1]
Editor's Note: See Ch. 129, Sewers.
F.
Village of Hamilton Sign Law.[2]
[2]
Editor's Note: See Ch. 133, Signs.
G.
Village of Hamilton Subdivision Law.[3]
[3]
Editor's Note: See Ch. 143, Subdivision of Land.