Hamilton Village City Zoning Code
ARTICLE IX
Supplementary Regulations
§ 174-39 Zoning schedules.
A.
Regulations governing permitted land uses or activities, or uses or activities requiring a special permit, or having special conditions attached, or requiring site plan review, are set forth in Appendix A, Schedule I, of this chapter.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Regulations governing lot area and width, front, side and rear yards, building coverage and height, and similar area and dimensional requirements shall be as specified in Appendix A, Schedule II, of this chapter, unless otherwise set forth in the requirements of this Article IX.
C.
Both Schedule I and Schedule II, and any amendments thereto, are hereby adopted and made part of this chapter.
§ 174-40 Lots in more than one district.
Where a district line divides a lot held in one ownership at the time of adoption of said line, the regulations for the less restricted portion of such lot shall extend not more than 50 feet into a more restricted portion, provided that the lot has frontage on a street in the less restricted district.
§ 174-43 Frontage on public streets.
A.
All dwellings hereinafter constructed shall have access via a street as shown on at least one of the following:
(1)
The Official Map or plan;
(2)
An existing state, county, town, or Village highway;
(3)
A street shown on a plat approved by the Planning Board; or
(4)
A street already filed in the County Clerk's office.
§ 174-44 Average front yard setbacks.
The front yard of all buildings and structures hereafter constructed within the R, MB, MG, MP and U2 Districts shall be not less than the average front yard of all buildings in the same district for a distance of 300 feet on each side of such building in the same block. A vacant lot within said distance shall be considered as having the minimum front yard required in the district for the purpose of computing such average front yard.
§ 174-45 Yards abutting district boundaries.
A.
Where two districts abut on the same street between two intersecting streets, there shall be provided for buildings hereafter constructed or structurally altered, within a distance of 50 feet from the district line in the less restricted district, a front yard equal in depth to no less than 1/2 the required depth for the front yard in the more restricted district.
B.
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restrictive district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more restrictive district.
§ 174-46 Walls, fences and hedges.
[Amended 11-24-2020 by L.L. No. 3-2020]
A.
Building permit required.
(1)
Except as otherwise provided herein, no fences, walls and screening devices other than natural vegetation plantings shall be installed except upon the issuance of a building permit prior to installation. The Code Enforcement Officer shall issue such building permits upon his or her determination that the proposed fence, wall or screening device will be in accordance with all requirements of this section and any other applicable requirements of this chapter. Yard requirements shall not prohibit the erection or maintenance of any necessary retaining wall, provided that no such wall shall be no closer than two feet to any public sidewalk or right-of-way boundary and shall be no higher than necessary to perform its retaining function.
(2)
No building permit or site plan approval shall be required prior to the erection of the following types of fences:
(a)
Temporary seasonal snow fences not exceeding four feet in height;
(b)
Seasonal wire garden fences erected in the side or rear yards not less than three feet from any side or rear lot line and not exceeding six feet in height;
(c)
Ornamental fences not exceeding two feet in height.
B.
Fence height and location.
(1)
Front yard. Screening devices permitted within required front yards may not exceed four feet in height and shall be of an open see-through design. Substantially opaque fences are prohibited within a required front yard. Where a screening device is permitted within a front yard, it shall be located at least two feet from and inside any public sidewalk, and, in the event there is no such sidewalk, at least two feet inside the front lot line. On corner lots, except in districts where no front yard is required, no fence, wall, hedge or other structure or planting more than three feet high above street grade shall be erected or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting public right-of-way lines and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines.
(2)
Side and rear yards. No fence or wall shall exceed six feet in height within required side and/or rear yards devoted to residential use. Higher fences may be approved by the Planning Board for nonresidential uses where the need for a higher fence is warranted for screening, security and/or public protection. The Code Enforcement Officer may issue a building permit for fences located on the property line, or within three feet of the property line in required side and rear yards, only if the application is signed, in addition to the applicant, by the affected adjoining property owner(s) stating the consent of the adjoining owner(s) to such placement and said owner(s) grant of permission to the applicant to enter upon the adjoining premises as necessary to maintain the fence and/or the land area between the fence and the property line if the fence is not directly on the property line. In the absence of such consent, all applications for fences within three feet of the property line in required side and rear yards shall be subject to the prior granting of site plan approval by the Planning Board with specific prior notice to the adjoining property owner(s) prior to the public hearing and issuance of a permit. In reviewing such applications, the Planning Board shall have authority to require a fence setback from the property line of up to three feet in order to provide for suitable access to existing buildings, and/or to accommodate the maintenance of existing trees, and/or to provide for adequate public safety access relevant to the installation of the fence.
C.
Hedges and driveways. No fence or hedge (grown out) may be closer than two feet from any sidewalk or public right-of-way. No fence or hedge (grown out) may be closer than three feet from an existing shared driveway or an existing driveway located on an adjoining property not owned by the applicant. The maintenance of hedges so that they meet the standards above and do not impede pedestrian and/or public maintenance equipment is the responsibility of the property owner.
D.
Fences and walls that are not substantially identical in appearance when viewed from either side shall present the finished or good side facing away from the premises upon which it is erected. In any event, fence posts shall always be located on the applicant's lot side. If these conditions are not proposed in the application, a fence or wall may be installed only as approved by the Planning Board following an application for site plan review and a public hearing with specific prior notice to the adjoining property owner(s) prior to the public hearing and issuance of a permit.
E.
Accessibility. All portions of a lot enclosed by a screening device shall be made accessible for firefighting and emergency purposes. Pedestrian gates not less than three feet in width shall be installed at locations providing direct access to all enclosed yard areas.
F.
Prohibitions. Barbed wire or electrified screening devices are prohibited. Chain-link fences must have a continuous top rail.
G.
Noncomforming screening devices. Where a lawful fence or screening device exists at the effective date of adoption or amendment of these regulations that could not be constructed under the provisions set forth herein by reasons of restrictions in height, visibility characteristics, location or any other requirement concerning said screening device, such screening device may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such screening device may be enlarged or altered in a way which increases its nonconformity.
(2)
Where a nonconforming screening device is to be replaced or relocated, the replacement shall comply with these regulations.
§ 174-47 Screening and landscaping.
A.
Parking lots and parking areas.
(1)
Any multiunit residence, boarding house, business, drive-in service, vehicular sales, parking area, public utility storage yard or similar use abutting an R District or a residential property in an R District shall provide and maintain a buffer strip of turf at least six feet wide, with a continuous compact evergreen hedge not less than four feet high at planting or a fence six feet high, as approved by the Planning Board. There shall be no storage, except that of snow, in the buffer strip.
(2)
Any parking lot or parking area in MC, MB, MG, ME, MP, BN, BD must provide a buffer strip of no less than three feet between the lot and any sidewalk along the lot frontage. Plantings must be maintained in that buffer strip to provide screening between and three feet to four feet high. There shall be no storage, except that of snow, in the buffer strip.
(3)
Screening along the frontage of a parking lot or parking area should be maintained to prevent headlights of parking cars from blinding motorists on the road while at the same time not creating a safety concerns by obscuring the wash of streetlight into the parking lot or area.
B.
Outdoor swimming pools, hotel-motel outdoor recreation areas, outdoor cafes, public utility structures, and similar uses shall provide screen planting or fencing at adjacent residential areas as appropriate to the particular conditions and as approved by the Planning Board.
§ 174-48 Maintenance of plantings.
Any screening required as part of a site plan review or special permit must be maintained by the property owner.
§ 174-49 Encroachment of architectural features.
A.
The space in any required yard shall be open and unobstructed, except for the projections of window sills, belt courses, cornices, eaves, chimneys and other architectural features, provided that these shall not project more than two feet into any required yard or across a rear or side boundary line.
B.
A paved terrace shall not be considered part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure exceeding six feet in height.
C.
In determining the percentage of building coverage or the size of yards, enclosed porches or porches open at the side but roofed shall be considered a part of the building.
D.
An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line.
E.
Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard not more than six feet.
§ 174-50 Domestic fuel tanks.
Aboveground domestic fuel tanks shall be in side or rear yards.
§ 174-51 Residential ground floor areas.
Minimum residential ground floor areas, measured from the exterior faces of exterior walls, exclusive of garage and open porches, shall be as follows:
Number of Stories | District | Minimum Area (square feet) |
|---|---|---|
Fewer than 2 | R, MB, MP, MG, U1 | 1,000 |
Fewer than 2 | MC, ME, BN | 800 |
Fewer than 2 | U2 | 800 |
More than 2 | R, MP, MG, U1 | 800 |
More than 2 | MC, ME, BN | 800 |
More than 2 | U2 | 800 |
§ 174-52 Dwelling unit areas.
A.
The minimums areas of dwelling units are:
Number of Bedrooms | Minimum Floor Area (square feet) |
|---|---|
0 (Efficiency) | 425 |
1 | 525 |
2 | 650 |
3 | 775 |
B.
No dwelling unit in a secondary structure in the residential zone may have more than one bedroom.
C.
No dwelling unit in a secondary structure in the residential zone may occupy two floors.
§ 174-53 Site plan review.
A.
Intent. The intent of this section is to provide for the review of site plans for certain land use activities in the Village of Hamilton for the purposes of preserving and enhancing the character of the neighborhood, increasing compatibility with adjacent development, mitigating potentially negative impacts on traffic, parking, drainage and similar environmental concerns, and improving the overall visual and aesthetic quality of the Village.
B.
Applicability. Any land use activity requiring site plan review, as specified in Appendix A, Schedule 1, of this chapter,[1] shall comply with the provisions of this § 174-53. No zoning or building permit shall be issued by the Code Enforcement Officer until site plan approval, including such conditions as may be imposed by the Planning Board, has been given by the Planning Board.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
Objectives of site plan review. In reviewing an application for site plan approval, the Planning Board shall be guided by the following objectives:
(1)
A harmonious relationship between such land use activity and uses located on adjacent parcels in the neighborhood.
(2)
Maximum safety of vehicular access to, and egress from, the site to existing or proposed streets.
(3)
Maximum effectiveness of on-site circulation and parking facilities with particular attention to pedestrian and vehicular safety.
(4)
An adequate solution to surface water drainage and the provision of water and sewer services.
(5)
An adequate solution to the provision of any signs and site lighting.
(6)
The adequacy of landscaping and setbacks as a way of mitigating adverse environmental impacts and achieving compatibility with adjacent properties.
(7)
Effectiveness of Village Design Standards where applicable.
D.
Submission requirements.
(1)
Preliminary site plan. The site plan review process begins with the submission of a preliminary plan to the Code Enforcement Officer at least a week prior to the meeting of the Planning Board. The preliminary plan includes the following information, as applicable:
(a)
Name and address of the owner, the applicant (if different from the owner), and name of the designer and engineer of the proposed development, if any.
(b)
Identification map drawn to scale, showing the location of the site. Scale, North arrow, date and present zoning of the site with setback requirements.
(c)
Location of the site in relation to all abutting properties and streets, as well as approximate easements and rights-of-way.
(d)
Location and size of existing and proposed buildings and listing of existing and proposed land uses.
(e)
The location of any floodable land or wetlands as defined in Article VIII of this chapter.
(f)
Proposed parking, driveways, streets, and sidewalks.
(g)
Sketch of the building elevations with approximate location of signage.
(2)
The preliminary plan is presented to, and discussed with, the Planning Board, which will stipulate those elements required for the final site plan from those listed in the following section.
(a)
Normally, the applicant will bring a final site plan for consideration at a subsequent Planning Board Meeting. The Planning Board may, at its discretion, accept the preliminary site plan as the final site if the Board judges that it contains sufficient information to meet the standards of the final site plan.
(3)
Final site plan.
(a)
The following materials may be required for the final site plan review:
[1]
Name and address of the owner, the applicant (if different from the owner), and name of the designer and engineer of the proposed development, if any.
[2]
Identification map drawn to scale, showing the location of the site scale, North arrow, date and present zoning of the site with setback requirements.
[3]
Location of the site in relation to all abutting properties and streets, as well as easements and rights-of-way.
[4]
Location and size of existing and proposed buildings and listing of existing and proposed land uses.
[5]
The location of any floodable land or wetlands as defined in Article VIII of this chapter.
[6]
Proposed parking, driveways, streets, sidewalks, and dumpster locations.
[7]
Sketch elevations of existing buildings and elevations of proposed buildings and signage.
[a]
Drawings or sketches that illustrate the height, bulk and design characteristics of any proposed buildings and indicate exterior color and materials to be used.
[8]
Sketch of proposed drainage system.
[9]
Any engineering drawings or documentation that may be required for utility hookups and public improvements.
[10]
Signage locations and dimensions.
[11]
Existing and proposed landscaping, especially along property lines.
[12]
Exterior lighting and external sound systems.
[13]
Narrative description of how the proposed building, land use or site design will be compatible with the surrounding neighborhood.
[14]
SEQR Short-Form Environmental Assessment. The Planning Board may, based on the discussion of the preliminary site plan, require a SEQR Long-Form.
[15]
Other information that may be required by the Planning Board to assure thorough and adequate review of the proposal.
[16]
Any of the above requirements may be waived or modified by Planning Board, upon request, when conditions warrant.
E.
Public hearing and decision. Before a decision is made to approve, approve with modification, or disapprove any application for site plan approval, the Planning Board shall hold a duly advertised public hearing on the proposal. Such hearing shall be held within 62 days from the day an application for site plan approval is deemed complete. The decision by the Planning Board shall be made within 62 days from the date the public hearing is closed, 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.
[Amended 11-24-2020 by L.L. No. 3-2020]
F.
Referral to County Planning. Before taking final action on certain site plan approval applications, the Planning Board shall refer such matters to the Madison County Planning Agency in accordance with the provisions of § 174-91 and of General Municipal Law. (See § 174-91.)
§ 174-54 Principal building.
Other than in the U1, U3, BN, BD, BH and BA Districts, there shall be not more than one principal building on each lot. This exception also applies to on-campus lots in the U2 District.
§ 174-55 Accessory buildings.
A.
There shall be not more than three accessory buildings, including a garage, on each lot intended or used for residential purposes. Structures of less than 50 square feet are not numbered among the accessory buildings.
B.
In the R, MC, MB, MG, ME, MP, BN, and U2 Districts, accessory buildings shall not exceed 1 1/2 stories or 24 feet in height. In the BD District, accessory structures shall be in compliance with the restrictions applicable to principal buildings. On-campus properties in the U2 District may have more than one principal building.
C.
Accessory buildings not attached to a principal building may be erected within one of the side yards or within the rear yard, in accordance with the following setbacks:
(1)
Side yard (interior lot): five feet.
(2)
Side yard (corner lot): same as for principal building.
(3)
Rear yard: 10 feet.
(4)
Not closer to a principal building than 10 feet.
D.
An accessory building, when attached by roof and/or walls to the principal building, shall become part of the principal building for purposes of zoning compliance.[1]
[1]
Editor's Note: Former Subsection E, regarding commercial and residential use of accessory buildings in the R District, which immediately followed, was repealed 5-16-2023 by L.L. No. 2-2023.
§ 174-56 Building heights on double-frontage lots.
On double-frontage lots, building height may be measured from the grade of either street; on double-frontage lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.
§ 174-57 Exceptions to height limitations.
Height limitations shall not apply to belfries, church spires, cupolas, and domes not used for human occupancy or to chimneys, ventilators, skylights, antennas, tanks and necessary mechanical appurtenances usually carried above the roof; such features, however, shall be erected only to the height necessary for the intended purpose.
§ 174-58 Outdoor lighting.
No outdoor lighting shall be directed upon a sidewalk, street or public place or upon adjacent premises that shall cause glare or reflection constituting a nuisance and/or a traffic hazard.