Hamilton Village City Zoning Code
ARTICLE VIII
Overlay Districts and Design Standards
§ 174-34 Airport Overlay Districts.
A.
Purpose. To apply special height and land development standards that will provide for the orderly growth of Hamilton Municipal Airport and the area surrounding the airport within the Village of Hamilton and will safeguard the health, safety, and general welfare of the inhabitants within the vicinity of the airport, the flying public, and the public in general.
B.
It is hereby determined that an airport hazard endangers the lives and property of users of airports, and the health, safety, and welfare of property or occupants of land in its vicinity, and also, if of the obstruction type or of the incompatible use type, in effect reduces the size of the area available for landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of airports and the public investment therein. Accordingly, it is hereby declared that:
(1)
The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the airport;
(2)
It is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and
(3)
The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
C.
Airport Noise Overlay Zone.
(1)
The Airport Noise Overlay Zone is effective as shown on the Airport Zoning Map on file in the Hamilton Village office.
(2)
Within the Airport Noise Overlay Zone, the following uses are restricted:
(a)
Residential use.
(b)
Commercial uses, except those constructed with air circulation systems and at least 35 dB of noise level reduction (NLR).
(c)
Institutional uses such as schools, hospitals, churches, and rest homes.
(d)
Hotels and motels, except those constructed with air circulation systems and at least 35 dB of noise level reduction (NLR) in sleeping areas.
(e)
Outdoor recreational uses, except golf courses, riding stables and water recreation and then only when 30 dB of noise level reduction is achieved in indoor areas where the public is received.
D.
Airport obstruction zones. Airport obstruction zones are effective as shown on the Airport Zoning Map on file in the Hamilton Village office. No structure or tree shall be erected, altered, allowed to grow, or be maintained in any Airport Overlay Zone to a height in excess of the specified height limitation.
(1)
Primary surface. A surface longitudinally centered on the runway center line and extending 200 feet beyond the end of the runway with the same elevation as the nearest point on the runway center line.
(a)
The width of the primary surface is 500 feet.
(b)
The height limitation of the primary surface is equal to the nearest point on the runway center line.
(2)
Approach Zone (AZ). A two-hundred-fifty-foot zone running on both sides of the runway center line and expanding outward uniformly to a width of 2,000 feet at a distance of 5,000 feet from the ends of the primary surface. The height limitation in the AZ slopes upward one foot vertically for each 20 feet horizontally, beginning at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(3)
Transitional Zone (TZ). A surface of inclined planes parallel to the runway center line, beginning at the edges of the primary surface. The inclined planes extend upward and outward from the sides of the primary surface to the horizontal surface 150 feet above the airport elevation and from the sides of the approach surface at a 7:1 slope (for every seven feet in a horizontal direction, the rise is one foot). Within the transitional zone, no object may extend above the surface of the transitional plane as described above.
(4)
Horizontal Zone (HZ). An area, the perimeter of which is constructed by swinging arcs of specified radii from a point on the center line and 200 feet beyond each end of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet. The horizontal zone does not include the approach and transitional zones. The height limitation within the horizontal zone is 1,282 feet (150 feet above the primary surface).
§ 174-35 OC Conservation Overlay.
A.
Purpose. To apply special standards on areas in which backup water resources of the Village are located.
B.
Description. The Conservation Overlay District includes all land within the Village that is within 100 feet of Woodman Pond.
C.
Jurisdiction. The conservation area shall be an overlay zone as per § 174-11.
D.
Procedures and controls. The only uses permitted within the Conservation Zone are public park or recreation; nature trails, as well as Village structures, police shooting range, and storage.
§ 174-37 OF Overlay Flood Area District.
A.
Purpose. To designate those areas where construction controls may be imposed because of varying degrees of flood hazard.
B.
Jurisdiction. The flood areas shall be an overlay zone per § 174-11 and as shown on the FEMA Flood Hazard Boundary Map.
C.
Procedure and controls. Buildings and uses shall be in conformance with Chapter 82, Flood Damage Prevention, of the Village of Hamilton Code.
§ 174-38 OW Overlay Wetlands Area District.
A.
Purpose. To designate those areas where construction controls may be imposed because of varying degrees of drainage and conservation requirements.
B.
Jurisdiction. The wetlands shall be overlay zones per § 174-11 and as prescribed by the New York State Department of Environmental Conservation.
C.
Procedure and controls. Buildings and uses shall be in conformance with Article 24, Freshwater Wetlands, of the New York State Environmental Conservation Law, and Chapter 86, Freshwater Wetlands, of the Village of Hamilton Code.