Zoneomics Logo
search icon

Hamlin City Zoning Code

ARTICLE II

Residential Districts

§ 520-10 Purpose.

The residential districts established in this article are designed to provide a suitable character and stable environment for single-family detached dwellings and multifamily units at reasonable densities and for viable farm and agricultural operations. The districts are also designed to generally promote the public health, safety and welfare through specific dimensional and design requirements. These residential districts also include certain community and open space uses which serve the residents of these districts and that generally benefit from an open residential environment. The purpose of these districts includes, among others, the following specific goals:
A. 
To protect residential areas against fire, explosions, toxic and noxious matter or other safety and environmental hazards, offensive noise, vibration, smoke, odors, heat, glare and other objectionable influences.
B. 
To encourage the protection of viable farmland which is not needed for urban development and to encourage its continuation in productive farming.
C. 
To encourage and maintain a wide range of housing types and housing affordability within the Town to meet the Town's present and future populations.
D. 
To promote the development of schools, parks and other activity centers in residential areas and to act as focal points which facilitate social activities within the neighborhoods.
E. 
To require and maintain a pattern of land use and development within the Town which does not waste valuable land resources, which is based on land configurations and natural features, which protects the Town's tax base, which protects the character of each district and its peculiar suitability for certain uses, and which preserves areas of high natural beauty and environmental sensitivity.
F. 
To protect residential areas as much as possible against large volumes of vehicular traffic, against through traffic and against other safety problems related to vehicular traffic flow.
G. 
To protect residential areas against congestion as much as possible, by regulating the density of development; to require the provision of open space areas for rest and recreation wherever practicable; and to break the monotony of continuous building bulk and thereby to provide a more desirable environment for suburban living.
H. 
To provide for access of light and air to windows, to provide for privacy as much as possible and to provide for adequate fire protection by controlling the spacing, location and heights of buildings and other structures and to provide for adequate access to sunlight and to wind for solar energy and wind-powered devices or structures.
I. 
To provide for the maintenance of the general aesthetic character and integrity of residential neighborhoods by limiting construction, development and certain types of activities in required front, side and rear yards.
J. 
To provide for the proper review and consideration by the Town Zoning Board of Appeals, Planning Board and Town Board of proposed developments in certain areas of the Town and for certain types of uses.
K. 
To direct new residential development at appropriate densities to areas adequately served by public water and sewer. Medium- and high-density residential zones must be served by both public water and sewer. The low-density residential zone areas must have either public water or sewer. The areas zoned for very low-density residential are those which are not served by public water or sewer.

§ 520-11 R-VL District (Residential/Very Low Density).

A. 
Permitted uses.
(1) 
Principal uses permitted by right:
(a) 
Single-family detached dwelling.
(b) 
Public parks, playgrounds or similar public recreational uses authorized or operated by a public agency and not operated for gain.
(c) 
Farms, greenhouses, plant nurseries, dairy operations or similar agricultural uses, not including retail sales.
(2) 
Principal uses permitted subject to site plan approval by the Planning Board:
(a) 
Churches or similar places of worship or religious institutions.
(b) 
Public school, public college, university or similar public educational uses accredited by the New York State Department of Education.
(c) 
Municipally owned and operated buildings or structures and other strictly governmental uses or activities.
(d) 
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(e) 
Private school, private college, university or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(f) 
Licensed hospitals and rest homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No. 1-1997]
(g) 
Cemeteries.
[Added 9-20-1994 by L.L. No. 3-1994]
(h) 
Public utility buildings or structures, including electrical substations.[1]
[Added 9-20-1994 by L.L. No. 3-1994]
[1]
Editor's Note: Original § 125-18A(2)(i), In-law apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
(i) 
Golf courses and driving ranges.
[Added 9-20-1994 by L.L. No. 3-1994]
(j) 
Airports.
[Added 9-20-1994 by L.L. No. 3-1994]
(k) 
Gun clubs.
[Added 9-20-1994 by L.L. No. 3-1994]
(3) 
Principal uses permitted subject to special use permit approval by the Planning Board:
[Amended 12-2-1991 by L.L. No. 6-1991; 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No. 3-1994]
(a) 
Commercial greenhouses or plant nurseries or similar commercial agricultural uses involving retail sales.
(b) 
Public stables, subject to the restrictions in § 520-41.
[Amended 3-12-2001 by L.L. No. 1-2001[2]]
[2]
Editor's Note: Original § 125-18A(3)(c), Bed-and-breakfast operations, which immediately followed this subsection, was repealed 2-11-2008 by L.L. No. 2-2008.
(c) 
Use of an accessory building for a purpose not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the R-VL zoning.[3]
[3]
Editor's Note: Original § 125-18A(3)(e), Cellular towers, added 2-10-1997 by L.L. No. 1-1997, which immediately followed this subsection, was deleted 8-2-2011 by L.L. No. 4-2011.
(d) 
Meteorological towers (MET towers) pursuant to a special use permit as provided in § 520-57 hereof.
[Added 6-12-2006 by L.L. No. 6-2006]
(e) 
Shooting preserve. A shooting preserve is permitted on contiguous lands containing 100 acres or more, provided that the owner or lessee of the lands has secured a shooting preserve license from the New York State Department of Environmental Conservation pursuant to § 11-1903 of the Environmental Conservation Law. In addition to all other requirements for special use permits set forth in § 520-67 of this chapter, the applicant must furnish a copy of said shooting preserve license together with proof that such license is in good standing.
[Added 8-13-2007 by L.L. No. 10-2007]
(f) 
Single apartment in a single-family dwelling.
[Added 7-12-2010 by L.L. No. 1-2010; amended 3-11-2013 by L.L. No. 1-2013]
(g) 
Kennels.
[Added 7-13-2015 by L.L. No. 6-2015]
(h) 
Large-scale solar energy system subject to the specific provisions set forth in § 520-36 of this chapter.
[Added 5-8-2017 by L.L. No. 3-2017]
(4) 
Accessory uses:
(a) 
Private garages and carports, subject to the restrictions in § 520-27.[4]
[4]
Editor's Note: Original § 125-18A(4)(a), Professional offices and home occupations, which immediately preceded this subsection, was deleted 8-2-2011 by L.L. No. 4-2011.
(b) 
Swimming pools, subject to the restrictions in § 520-28.
(c) 
Fencing, subject to the restrictions in § 520-29.
(d) 
Sheds, cabanas or similar accessory structures, subject to the restrictions in § 520-31.
(e) 
Temporary or permanent roadside stands, subject to the restrictions in § 520-32.
(f) 
Radio, television, satellite dish or citizens band antennas, subject to the restrictions in § 520-33.
(g) 
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(h) 
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L. No. 3-2017]
(i) 
Signage, subject to the restrictions in § 520-37.
(j) 
Keeping of poultry and animals, subject to the restrictions in § 520-41.
(k) 
Tennis courts and similar private recreational uses or facilities, subject to the restrictions in § 520-42.
(l) 
Artificial or man-made ponds, subject to the restrictions of § 520-43.
(m) 
Off-street parking, subject to the restrictions of § 520-44.
(n) 
Aboveground or underground storage tanks, subject to the restrictions in § 520-54.
(o) 
Farm labor camp, subject to the restrictions of § 520-25.
(p) 
Piers, docks and wharves on Sandy Creek, subject to the restrictions of § 520-55.
(q) 
Dumpsters or other refuse containers or enclosures, subject to the restrictions in § 520-48.[5]
[5]
Editor's Note: Original § 125-18A(4)(s), Bed-and-breakfast operations, added 3-4-1992 by L.L. No. 2-1992, which immediately followed this subsection, was repealed 2-11-2008 by L.L. No. 2-2008.
(5) 
Accessory use subject to special use permit:
[Added 2-11-2008 by L.L. No. 2-2008]
(a) 
Bed-and-breakfast facility, pursuant to a special use permit issued in accordance with § 520-67 of this chapter.
(b) 
Professional offices and home occupations within personal dwellings, subject to the restrictions in § 520-26.
[Added 8-2-2011 by L.L. No. 4-2011]
B. 
Dimensional requirements.
(1) 
Minimum lot size and width.
[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 2-11-2019 by L.L. No. 1-2019]
(a) 
Minimum lot size: two acres.
(b) 
Minimum lot width: 250 feet.
(2) 
Minimum front, side and rear yard setbacks.
(a) 
Minimum front setback: 100 feet.
[Amended 9-20-1994 by L.L. No. 3-1994]
(b) 
Minimum side setback: 15 feet
[Amended 9-20-1994 by L.L. No. 3-1994]
(c) 
Minimum rear setback: 15 feet
[Amended 9-20-1994 by L.L. No. 3-1994]
(d) 
Minimum side yard (not front yard) on corner lot: 75 feet.
(e) 
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3) 
Minimum unit size (square footage of floor area).
(a) 
One-story: 1,200 square feet.
(b) 
One-and-one-half-story: 1,200 square feet.
(c) 
Two-story: 1,400 square feet.
(4) 
Maximum building height.
(a) 
Maximum height for principal buildings or structures in Subsection A(1) above shall not exceed two stories or 40 feet, whichever is higher, with the exception of barns, silos and other farm-related structures.
(b) 
Maximum height for principal buildings or structures in Subsection A(2) and (3) above shall not exceed 65 feet.
(c) 
Maximum height for accessory buildings or structures in Subsection A(4) above shall not exceed 25 feet, with the exception of antennas and windmills which are subject to height restrictions in §§ 520-33 and 520-35.
[Amended 9-20-1994 by L.L. No. 3-1994]
(5) 
Maximum lot coverage with impervious surface shall be 10%.
C. 
Additional regulations and requirements.
(1) 
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(2) 
Preexisting nonconforming lots are subject to the provisions of § 520-46.
(3) 
One dwelling unit shall be allowed per parcel, with the exception of farm labor camp uses.
[Amended 2-10-1997 by L.L. No. 1-1997]
(4) 
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.
(5) 
Septic systems shall be subject to current Monroe County health regulations as outlined on dimensional chart requirements.
[Added 9-20-1994 by L.L. No. 3-1994]

§ 520-12 R-L District (Residential/Low Density).

A. 
Permitted uses.
(1) 
Principal uses permitted by right:
(a) 
Single-family detached dwelling.
(b) 
Public parks, playgrounds or similar public recreational uses authorized or operated by a public agency and not operated for gain.
(c) 
Farms, greenhouses, plant nurseries, dairy operations or similar agricultural uses, not including retail sales.
(2) 
Principal uses permitted subject to site plan approval by the Planning Board:
(a) 
Public school, public college, university or similar public educational uses accredited by the New York State Department of Education.
(b) 
Municipally owned and operated buildings or structures and other strictly governmental uses or activities.
(c) 
Churches or similar places of worship or religious institutions.
[Added 9-20-1994 by L.L. No. 3-1994]
(d) 
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(e) 
Private school, private college, university or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(f) 
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No. 2-1997]
(g) 
Cemeteries.
[Added 9-20-1994 by L.L. No. 3-1994]
(h) 
Public utility buildings or structures, including electrical substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(i) 
Community residences and group homes.[1]
[Added 9-20-1994 by L.L. No. 3-1994]
[1]
Editor's Note: Original § 125-19A(2)(j), In-law apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
(3) 
Principal uses permitted subject to special use permit approval by the Planning Board:
[Amended 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No. 3-1994]
(a) 
Commercial greenhouses or plant nurseries or similar commercial agricultural uses involving retail sales.[2]
[2]
Editor's Note: Original § 125-19A(3)(b), Bed-and-breakfast operations, which immediately followed this subsection, was repealed 2-11-2008 by L.L. No. 2-2008.
(b) 
Use of an accessory building for a purpose not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the R-L zoning.
(c) 
Single apartment in a single-family dwelling.
[Added 7-12-2010 by L.L. No. 1-2010; amended 3-11-2013 by L.L. No. 1-2013]
(d) 
Kennels.
[Added 7-13-2015 by L.L. No. 6-2015]
(e) 
Large-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Added 5-8-2017 by L.L. No. 3-2017]
(4) 
Accessory uses:
[Amended 12-2-1991 by L.L. No. 6-1991]
(a) 
Private garages and carports, subject to the restrictions in § 520-27.[3]
[3]
Editor's Note: Original § 125-19A(4)(a), Professional offices and home occupations, which immediately preceded this subsection, was deleted 8-2-2011 by L.L. No. 4-2011.
(b) 
Swimming pools, subject to the restrictions in § 520-28.
(c) 
Fencing, subject to the restrictions in § 520-29.
(d) 
Sheds, cabanas or similar accessory structures, subject to the restrictions in § 520-31.
(e) 
Temporary or permanent roadside stands, subject to the restrictions in § 520-32.
(f) 
Radio, television, satellite or citizens band antennas, subject to the restrictions in § 520-33.
(g) 
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(h) 
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L. No. 3-2017]
(i) 
Signage, subject to the restrictions in § 520-37.
(j) 
Tennis courts and similar private recreational uses or facilities, subject to the restrictions in § 520-42.
(k) 
Off-street parking, subject to the restrictions of § 520-44.
(l) 
Aboveground or underground storage tanks, subject to the restrictions of § 520-54.
(m) 
Piers, docks and wharves on Sandy Creek, subject to the restrictions of § 520-55.
(n) 
Dumpsters or other refuse containers or enclosures, subject to the restrictions in § 520-48.[4]
[4]
Editor's Note: Original § 125-19A(4)(p), Bed-and-breakfast operations, added 3-4-1992 by L.L. No. 2-1992, which immediately followed this subsection, was repealed 2-11-2008 by L.L. No. 2-2008.
(5) 
Accessory use subject to special use permit:
[Added 2-11-2008 by L.L. No. 2-2008]
(a) 
Bed-and-breakfast facility, pursuant to a special use permit issued in accordance with § 520-67 of this chapter.
(b) 
Professional offices and home occupations within personal dwellings, subject to the restrictions in § 520-26.
[Added 8-2-2011 by L.L. No. 4-2011]
B. 
Dimensional requirements.
(1) 
Minimum lot size and width.
(a) 
Minimum lot size: two acres.
(b) 
Minimum lot width: 140 feet.
(2) 
Minimum front, side and rear yard setbacks.
(a) 
Minimum front setback: 100 feet.
(b) 
Minimum side setback: 15 feet.
(c) 
Minimum rear setback: 15 feet.
(d) 
Minimum side yard (not front yard) on corner lot: 35 feet.
(e) 
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3) 
Minimum unit size (square footage of floor area).
(a) 
One-story: 1,200 square feet.
(b) 
One-and-one-half-story: 1,200 square feet.
(c) 
Two-story: 1,400 square feet.
(4) 
Maximum building height.
(a) 
Maximum height for principal buildings or structures in Subsection A(1) above shall not exceed two stories or 40 feet, whichever is higher, with the exception of barns, silos and other farm-related structures.
(b) 
Maximum height for principal buildings or structures in Subsection A(2) and (3) above shall not exceed 65 feet.
(c) 
Maximum height for accessory buildings or structures in Subsection A(4) above shall not exceed 25 feet, with the exception of antennas and windmills which are subject to height restrictions in §§ 520-33 and 520-35.
[Amended 9-20-1994 by L.L. No. 3-1994]
(5) 
Maximum lot coverage with impervious surface shall be 10%.
C. 
Additional regulations and requirements.
(1) 
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(2) 
Preexisting nonconforming lots are subject to the provisions of § 520-46.
(3) 
One dwelling unit per lot shall be allowed per parcel.
[Amended 2-10-1997 by L.L. No. 1-1997]
(4) 
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.
(5) 
Septic systems shall be subject to current Monroe County health regulations outlined on dimensional chart requirements.
[Added 9-20-1994 by L.L. No. 3-1994]

§ 520-13 R-L1 District (Residential/Low Density One Acre).

[Added 6-11-2007 by L.L. No. 8-2007]
A. 
Purpose. In recognition of stated policies of the Town of Hamlin as set forth in its Comprehensive Plan to maintain a rural character, to promote continued agricultural use of land and to focus future residential development in proximity to existing public water and sanitary sewer facilities, the Town Board of the Town of Hamlin may establish special zoning districts which require one-acre minimum lot sizes. These special districts must be located within established zoning districts which now require a minimum lot size of five acres (R-VL District) or a minimum lot size of two acres (R-L District). The intent and purpose of such one-acre zoning districts is to concentrate future residential development in the rural and agricultural areas of the Town in a manner which will preserve open space and infringe to the least degree possible upon existing tracts of agricultural lands. It is the purpose to discourage strip development of residences along roads in the rural areas of the Town since such development tends to have an adverse impact upon agricultural activity on adjacent lands. This policy can best be maintained by concentrating high-quality residential development in subdivisions having public water and sanitary sewers with lots smaller than permitted in the existing five-acre and two-acre zoning districts. Such development will serve to protect the rural character of the Town of Hamlin.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Procedure to create R-L1 District.
(1) 
An R-L1 Zoning District is created by the Hamlin Town Board in an area which has preexisting zoning in the R-VL District or in the R-L District. A newly created R-L1 District is drawn on the Official Map only after its creation by the Town Board.
(2) 
The owner of any land containing 20 or more contiguous acres of land within an R-VL or R-L District may present a petition to rezone the premises to R-L1 (Residential/Low Density One Acre District). The Town Board may waive the twenty-acre requirement if it determines that the establishment of said district on lands containing less than 20 acres would benefit the Town of Hamlin. Each such petition shall include the following information:
(a) 
Proof of ownership of land proposed to be rezoned.
(b) 
A survey of the land proposed to be rezoned together with a metes and bounds description of the premises.
(c) 
Proof that the land proposed to be rezoned may be served by existing public water and sanitary sewer facilities; the location of the water mains and sanitary sewers must be shown on the survey or site plan which accompanies the application.
(d) 
A conceptual map which shows proposed development plans for the property.
(e) 
A completed environmental assessment form (long form EAF).
(f) 
A check for the rezoning application fee as set forth in the fee schedule available from the Town Clerk.
(3) 
Upon receipt of a complete application, the Town Board shall determine whether or not it will proceed with consideration of the application. The Town Board may refer the application to the Hamlin Planning Board for its recommendation.
(4) 
If the Town Board determines to proceed with rezoning, it shall follow the procedure for rezoning set forth in § 264 of the Town Law of the State of New York and § 520-8 of this chapter.
(5) 
Once the land is rezoned, the site plan and subdivision plat, if applicable, must be reviewed and approved by the Planning Board. The Planning Board shall not review any proposal for site plan or subdivision approval in an R-L1 District until such zoning district has been created which incorporates the entire site proposed to be developed.
C. 
Permitted uses.
(1) 
Principal uses permitted by right:
(a) 
Single-family dwelling.
(b) 
Public parks and playgrounds authorized or operated by a public agency and not operated for gain.
(1.1) 
Principal use permitted subject to a special use permit:
[Added 3-11-2013 by L.L. No. 1-2013]
(a) 
Single apartment in a single-family dwelling.
(2) 
Permitted accessory uses:
(a) 
Decks and gazebos.
(b) 
Sheds for storage of equipment and materials used for maintenance of premises.
(c) 
Private garages and carports subject to the restrictions in § 520-27.
(d) 
Swimming pools subject to the restrictions in § 520-28.
(e) 
Fencing subject to the restrictions in § 520-29.
(f) 
Sheds, cabanas or similar accessory structures subject to the restrictions in § 520-31.
(g) 
Noncommercial radio, television and satellite dishes or citizens band antennas, subject to the restriction in § 520-33.
(h) 
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L. No. 3-2017]
(i) 
Signage subject to the restrictions in § 520-37.
(3) 
Accessory uses subject to special use permit:
[Added 8-2-2011 by L.L. No. 4-2011]
(a) 
Professional offices and home occupations within personal dwellings, subject to the restrictions in § 520-26.
D. 
Dimensional requirements.
(1) 
Minimum lot size and width. The minimum lot size shall be one acre. Minimum lot width shall be 120 feet.
(2) 
Minimum front, side and rear setbacks.
(a) 
Minimum front setback: 70 feet.
(b) 
Minimum side setback: 15 feet.
(c) 
Minimum rear setback: 15 feet.
(d) 
Minimum side yard (not front yard) on corner lot: 30 feet.
(3) 
Minimum unit size for single-family dwelling. The minimum unit size for any single-family dwelling, including one-story, one-and-one-half-story and two-story dwellings, is 2,000 square feet.
(4) 
Maximum building height.
(a) 
Maximum height for principal buildings shall not exceed two stories or 40 feet, whichever is higher.
(b) 
Maximum height for structures permitted in Subsection C(2) above shall not exceed 25 feet, with the exception of antennas subject to height restrictions in § 520-33.
E. 
Additional regulations and requirements.
(1) 
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(2) 
One dwelling unit per lot shall be allowed per parcel.
(3) 
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990.

§ 520-14 R-M District (Residential/Medium Density).

A. 
Permitted uses.
(1) 
Principal uses permitted by right:
(a) 
Single-family detached dwelling.
(b) 
Public parks, playgrounds or similar public recreational uses authorized or operated by a public agency and not operated for gain.
(2) 
Principal uses permitted subject to site plan approval by the Planning Board:
(a) 
Public school, public college, university or similar public educational uses accredited by the New York State Department of Education.
(b) 
Municipally owned and operated buildings or structures and other strictly governmental uses or activities.
(c) 
Churches or similar places of worship or religious institutions.
[Added 9-20-1994 by L.L. No. 3-1994]
(d) 
Private club or camp, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(e) 
Private school, private college, university or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(f) 
Private nursery schools or day-care centers or similar private educational uses accredited by the New York State Department of Education
[Added 9-20-1994 by L.L. No. 3-1994]
(g) 
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No. 1-1997]
(h) 
Public utility buildings or structures, including electrical substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(i) 
Community residences and group homes.[1]
[Added 9-20-1994 by L.L. No. 3-1994]
[1]
Editor's Note: Original § 125-20A(2)(j), In-law apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
(j) 
Two-unit townhouse structures (subject to § 520-38).
[Added 4-14-1997 by L.L. No. 5-1997]
(3) 
Principal uses permitted subject to special use permit approval by the Planning Board:
[Amended 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997]
(a) 
Commercial greenhouses or plant nurseries or similar commercial agricultural uses involving retail sales.[2]
[2]
Editor's Note: Original § 125-20A(3)(b), Bed-and-breakfast operations, which immediately followed this subsection, was repealed 2-11-2008 by L.L. No. 2-2008.
(b) 
Use of an accessory building for a purpose not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the R-M zoning.
[Amended 8-2-2011 by L.L. No. 4-2011]
(c) 
Single apartment in a single-family dwelling.
[Added 7-12-2010 by L.L. No. 1-2010; amended 3-11-2013 by L.L. No. 1-2013]
(d) 
Large-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Added 5-8-2017 by L.L. No. 3-2017]
(4) 
Accessory structures/uses:
[Amended 3-4-1992 by L.L. No. 2-1992; 2-10-1997 by L.L. No. 1-1997]
(a) 
Private garages and carports, subject to the restrictions in § 520-27.[3]
[3]
Editor's Note: Original § 125-20A(4)(a), professional offices and home occupations, which immediately preceded this subsection, was deleted 8-2-2011 by L.L. No. 4-2011.
(b) 
Swimming pools, subject to the restrictions in § 520-28.
(c) 
Fencing, subject to the restrictions in § 520-29.
(d) 
Sheds, cabanas or similar accessory structures, subject to the restrictions in § 520-31.
(e) 
Noncommercial radio, television, satellite dishes or citizens band antennas, subject to the restrictions in § 520-33.
(f) 
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L. No. 3-2017]
(g) 
Signage, subject to the restrictions in § 520-37.
(h) 
Tennis courts and similar private recreational uses or facilities, subject to the restrictions in § 520-42.
(i) 
Off-street parking, subject to the restrictions of § 520-44.
(j) 
Aboveground or underground storage tanks, subject to the restrictions of § 520-54.
(k) 
Piers, docks and wharves on Sandy Creek, subject to the restrictions of § 520-55.
(l) 
Dumpsters or other refuse containers or enclosures, subject to the restrictions in § 520-48.[4]
[4]
Editor's Note: Original § 125-20A(4)(n), Boarding, lodging or rooming houses, which immediately followed this subsection, was deleted 8-2-2011 by L.L. No. 4-2011.
(m) 
Temporary or permanent roadside stands, subject to the restrictions in § 520-32.
[Added 4-9-2012 by L.L. No. 2-2012]
(5) 
Accessory uses subject to special use permit:
[Added 2-11-2008 by L.L. No. 2-2008]
(a) 
Bed-and-breakfast facility, pursuant to a special use permit issued in accordance with § 520-67 of this chapter.
(b) 
Professional offices and home occupations within personal dwellings, subject to the restrictions in § 520-26.[5]
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Dimensional requirements.
(1) 
Minimum lot size and width.
(a) 
Single-family detached dwellings.
[1] 
Minimum lot size: 0.5 acre.
[Amended 2-10-1997 by L.L. No. 2-1997]
[2] 
Minimum lot width: 100 feet.
(b) 
Two-unit townhouses.
[Added 4-14-1997 by L.L. No. 5-1997]
[1] 
Minimum lot size: 0.8 acre per two-unit structure; 0.4 per unit. Public sewer service must be provided; no townhouses allowed in R-M on septic systems.
[2] 
Minimum lot width: 160 feet per two-unit structure; 80 feet per unit.
(2) 
Minimum front, side and rear yard setbacks.
(a) 
Single-family detached dwellings.
[1] 
Minimum front setback: 70 feet.
[2] 
Minimum side setback: 15 feet.
[3] 
Minimum rear setback: 15 feet.
[4] 
Minimum side yard (not front yard) on corner lot: 30 feet.
(b) 
Two-unit townhouses.
[Added 4-14-1997 by L.L. No. 5-1997]
[1] 
Minimum front setback: 70 feet.
[2] 
Minimum rear setback: 15 feet.
[3] 
Minimum side setback: the party wall in a two-unit townhouse will be established as a common lot line. This lot line will be determined after the party wall has been constructed, based on an instrument survey at time of construction of basement or ground level. Side setback of 30 feet required between structures. Side and rear setback of 15 feet will be maintained for other accessory structures.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3) 
Minimum unit size (square footage of floor area).
[Amended 4-14-1997 by L.L. No. 5-1997]
(a) 
Single-family dwellings.
[1] 
One-story: 1,100 square feet.
[2] 
One-and-one-half-story: 1,200 square feet.
[3] 
Two-story: 1,400 square feet.
(b) 
Minimum unit size (not including garage area) for two-unit townhouse.
[1] 
One-story: 1,000 square feet.
[2] 
Two-story: 1,200 square feet.
(4) 
Maximum building height.
(a) 
Maximum height for principal buildings or structures in Subsection A(1) above shall not exceed two stories or 40 feet, whichever is higher.
(b) 
Maximum height for principal buildings or structures in Subsection A(2) and (3) above shall not exceed 65 feet.
(c) 
Maximum height for accessory buildings or structures in Subsection A(4) above shall not exceed 25 feet, with the exception of antennas and windmills which are subject to height restrictions in §§ 520-33 and 520-35.
(5) 
Maximum lot coverage with impervious surface shall be 25%.
C. 
Additional regulations and requirements.
(1) 
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(2) 
Preexisting nonconforming lots are subject to the provisions of § 520-46.
(3) 
One dwelling unit per lot shall be allowed per parcel.
[Amended 2-10-1997 by L.L. No. 1-1997]
(4) 
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.

§ 520-15 R-H District (Residential/High Density).

A. 
Permitted uses.
(1) 
Principal uses permitted by right:
(a) 
Single-family detached dwelling.
(b) 
Public parks, playgrounds or similar public recreational uses authorized or operated by a public agency and not operated for gain.
(2) 
Principal uses permitted subject to site plan approval by the Planning Board:
[Amended 3-4-1992 by L.L. No. 2-1992]
(a) 
Public school, public college, university or similar public educational uses accredited by the New York State Department of Education.
(b) 
Municipally owned and operated buildings or structures and other strictly governmental uses or activities.
(c) 
Churches or similar place of worship or religious institutions.
(d) 
Two- (duplex), three- or four-family dwelling.
(e) 
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(f) 
Private school, private college, university or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(g) 
Private nursery schools or day-care centers or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(h) 
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No. 1-1997]
(i) 
Public utility buildings or structures, including electrical substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(j) 
Community residences and group homes.
[Added 9-20-1994 by L.L. No. 3-1994]
(k) 
Apartment buildings and garden apartments containing more than three units.
[Added 9-20-1994 by L.L. No. 3-1994]
(l) 
Townhouse, single-family attached dwellings, and similar uses.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-12-2007 by L.L. No. 5-2007]
(m) 
Mobile home parks, trailer parks and similar uses, subject to the restrictions of Chapter 454, Trailers and Trailer Parks, of the Code of the Town of Hamlin.[1]
[Added 9-20-1994 by L.L. No. 3-1994]
[1]
Editor's Note: Original § 125-21A(2)(n), In-law apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
(3) 
Principal uses permitted subject to special use permit approval by the Planning Board:[2]
[Added 7-12-2010 by L.L. No. 1-2010]
(a) 
Single apartment in a single-family dwelling.
[Amended 3-11-2013 by L.L. No. 1-2013]
[2]
Editor's Note: Original Subsection A(3), which listed principal uses permitted subject to special use permit approval by the Planning Board, as amended 3-4-1992 by L.L. No. 2-1992, was repealed 9-20-1994 by L.L. No. 3-1994.
(4) 
Accessory structures/uses:
[Amended 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997]
(a) 
Private garages and carports, subject to the restrictions in § 520-27.
(b) 
Swimming pools, subject to the restrictions in § 520-28.
(c) 
Fencing, subject to the restrictions in § 520-29.
(d) 
Sheds, cabanas or similar accessory structures, subject to the restrictions in § 520-31.
(e) 
Noncommercial radio, television, satellite dish or citizens band antennas, subject to the restrictions in § 520-33.
(f) 
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L. No. 3-2017]
(g) 
Signage, subject to the restrictions in § 520-37.
(h) 
Tennis courts and similar private recreational uses or facilities, subject to the restrictions in § 520-42.
(i) 
Off-street parking, subject to the restrictions of § 520-44.
(j) 
Aboveground or underground storage tanks, subject to the restrictions of § 520-54.
(k) 
Dumpsters or other refuse containers or enclosures, subject to the restrictions in § 520-48.
B. 
Dimensional requirements.
(1) 
Minimum lot size and width; maximum density.
(a) 
Single-family detached dwellings.
[1] 
Minimum lot size: 0.4 acre.
[2] 
Minimum lot width: 100 feet.
(b) 
Two-, three- and four-family dwellings.
[1] 
Minimum lot size: 0.6 acre.
[2] 
Minimum lot width: 125 feet.
(c) 
Attached dwelling units (townhouses).
[1] 
Maximum density per gross acre: six units.
[2] 
Minimum lot width: 20 feet.
(d) 
Attached dwelling units (apartments).
[1] 
Minimum lot size: one acre.
[2] 
Maximum density per gross acre: 10 units.
(2) 
Minimum front, side and rear yard setbacks.
(a) 
Minimum front setback: 70 feet.
(b) 
Minimum side setback: 15 feet.
(c) 
Minimum rear setback: 15 feet.
(d) 
Minimum side yard (not front yard) on corner lot: 30 feet.
(e) 
Attached dwellings shall not be required to provide side yard setbacks. Setbacks between principal buildings shall be 25 feet.
(f) 
Preexisting Huntington Park Subdivision units.
[Added 9-20-1994 by L.L. No. 3-1994]
[1] 
Minimum front setback: varied.
[2] 
Minimum side setback: 7.5 feet.
[3] 
Minimum rear setback: 7.5 feet.
[4] 
Minimum side yard (not front yard) on corner lot: varied.
(g) 
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3) 
Minimum unit size (square footage of floor area).
(a) 
Single-family detached dwellings.
[1] 
One-story: 1,000 square feet.
[2] 
One-and-one-half-story: 1,200 square feet.
[3] 
Two-story: 1,400 square feet.
(b) 
Two-, three- and four-family dwellings and apartments shall provide a minimum of 480 square feet per dwelling unit, a minimum total livable floor area of 1,200 square feet per structure, and a minimum ground coverage of 600 square feet if the dwelling exceeds one story.
(c) 
Boardinghouses, lodging or rooming houses shall provide 180 square feet per boarder or roomer, a minimum total livable floor area of 1,200 square feet per structure, and a minimum ground coverage of 600 square feet if the dwelling exceeds one story.
(d) 
Attached dwellings shall provide a minimum of 960 square feet of total livable floor area per unit.
(4) 
Maximum building height.
(a) 
Maximum height for principal buildings or structures in Subsection A(1) above shall not exceed two stories or 40 feet, whichever is higher.
(b) 
Maximum height for principal buildings or structures in Subsection A(2) and (3) above shall not exceed 65 feet.
(c) 
Maximum height for accessory buildings or structures in Subsection A(4) above shall not exceed 15 feet, with the exception of antennas and windmills which are subject to height restrictions in §§ 520-33 and 520-35.
(5) 
Maximum lot coverage with impervious surface shall be 25%. Maximum lot coverage with impervious surface for apartment and attached dwelling uses shall be 50%.
C. 
Additional regulations and requirements.
(1) 
Landscaping and buffering between principal uses shall be required in accordance with the provisions of § 520-45.
(2) 
Preexisting nonconforming lots are subject to the provisions of § 520-46.
(3) 
One permitted principal building and use shall be allowed per lot with the exception of apartment and attached dwelling uses.
(4) 
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.

§ 520-16 SC District (Senior Citizen Residential).

[Added 10-11-2004 by L.L. No. 3-2004]
A. 
Statement of purpose. In recognition of the increasing need for various housing options designed specifically and exclusively for senior citizens, the Town Board of the Town of Hamlin may establish Senior Citizen Residential Districts. The intent and purpose of such zoning districts are to:
(1) 
Encourage a variety of housing options for senior citizens throughout the Town of Hamlin.
(2) 
Provide flexibility in the provision of housing with a continuation of levels of use specifically designed to satisfy the economic, physical, physiological and social needs of senior citizens.
(3) 
Protect, to the extent practical, the rural-suburban character of the Town of Hamlin, the property values of the community, and the public health, safety and welfare by ensuring that the location, design and nature of such senior citizen housing:
(a) 
Will be in harmony with nearby uses and will not alter the essential character of the neighborhood.
(b) 
Will not adversely affect the orderly pattern of development of nearby properties.
(c) 
Will not create a hazard to health, safety or general welfare.
(d) 
Will not be detrimental to the flow of traffic.
(e) 
Will not place an excessive burden on public facilities, services or utilities.
B. 
Procedure to create SC District.
(1) 
An SC Zoning District is created by the Hamlin Town Board in an area which has preexisting zoning. A newly created Senior Citizen Residential District is drawn on the Official Zoning Map only after its creation by the Town Board.
(2) 
The owner of any land containing five or more contiguous acres may present a petition to rezone the premises to SC (Senior Citizen Residential). The Town Board may waive the five-acre requirement if it determines that the establishment of said district would benefit the Town of Hamlin. Each such petition shall include the following information:
(a) 
Proof of ownership of land proposed to be rezoned.
(b) 
A survey of the land proposed to be rezoned together with a metes and bounds description of the premises.
(c) 
A letter of intent which sets forth the present use of the land and a detailed description of the proposed use as a Senior Citizen District.
(d) 
A conceptual map which shows existing and proposed plans for the property.
(e) 
A completed environmental assessment form (long form EAF).
(f) 
A check for the rezoning application fee as set forth in the fee schedule available from the Town Clerk.
(3) 
Upon receipt of a complete application, the Town Board shall determine whether or not it will proceed with consideration of the application. The Town Board may refer the application to the Hamlin Planning Board for its recommendation.
(4) 
If the Town Board determines to proceed with rezoning, it shall follow the procedure for rezoning set forth in § 264 of the Town Law of the State of New York and § 520-8 of this chapter.
(5) 
Once the land is rezoned, the site plan and subdivision plat, if applicable, must be reviewed and approved by the Planning Board. The Planning Board shall not review any proposal for site plan or subdivision approval for a senior housing project until a Senior Citizen Residential Zoning District has been created which incorporates the entire site proposed to be developed.
C. 
Permitted uses.
(1) 
Principal uses permitted by right:
(a) 
Single-family detached dwellings with attached garage.
(b) 
Single-family townhouses and single-family attached (zero lot line) dwellings.
(c) 
Two-family dwellings.
(d) 
Apartment houses.
(e) 
Staffed independent living facilities.
(f) 
Assisted living facilities.
(2) 
Permitted accessory uses:
(a) 
Decks and gazebos.
(b) 
Sheds for storage of equipment and materials used for maintenance of the premises.
(c) 
Swimming pools and courtyards for exclusive use of residents of the SC District and their guests.
(d) 
Garages for private noncommercial use of residents and to store vehicles and equipment used in property maintenance.
(e) 
A senior community center for the private, noncommercial use of the residents of the SC District.
(f) 
Indoor or outdoor recreational facilities for the private, noncommercial use of the residents of the SC District.
D. 
Requirements for permitted uses in a Senior Citizen Residential Districts.
(1) 
Age of residents. On any contiguous parcel of land developed under these regulations, at least 80% of the dwelling units shall be occupied by at least one senior citizen.
(2) 
Density. Overall density shall not exceed six dwelling units per acre for single-family (including townhomes) and two-family duplex residences and 10 dwelling units per acre for multifamily buildings.
(3) 
Lot coverage. The maximum impervious area ratio shall be 50% of the gross lot area and the maximum building coverage shall be 25% of the gross lot area.
(4) 
Setback requirements.
(a) 
The minimum front setback for single-family dwellings, single family townhouses and two-family dwelling shall be 35 feet.
(b) 
The minimum side setback for single-family dwellings, single-family townhomes and two-family dwellings shall be 15 feet, except that no side setback is required for internal walls of attached townhomes.
(c) 
The minimum rear setback shall be 15 feet for single-family dwellings, single-family townhomes and two-family dwellings.
(d) 
There are no minimum front, side or rear setback requirements for apartment houses, staffed independent living facilities and assisted living facilities. Such setbacks are subject to Planning Board approval during site plan review. In making such determination, the Planning Board shall consider the statement of purpose set forth herein for Senior Citizen Residential Districts and the location and setting of the proposed project.
(5) 
Special requirements for developments with homeowners' association. The following rules shall apply to every senior community which has a homeowners' association.
(a) 
Lot coverage. The maximum impervious area ratio shall be 50% of the gross project area which shall include the building lots and any common area. Zero lot line houses shall be exempt from the maximum building coverage provisions.
(b) 
Setback requirements. Where the Town Engineer finds that the senior community provides sufficient access (by common area or easement) for emergency vehicles, municipal vehicles and future drainage improvements, the following setbacks shall apply:
[1] 
Minimum front setback shall be 25 feet from a publicly dedicated road as measured to the front wall of the proposed dwelling units.
[2] 
Minimum side setback.
[a] 
Where zero lot line dwelling lots are proposed, the minimum side setback shall be eliminated and replaced with a requirement that the dwelling units be separated as required by the NYS Uniform Fire Prevention and Building Code.
[b] 
Where other lots are proposed, the minimum side setback for single-family dwellings, including townhomes, shall be five feet, except that no side setback is required for internal walls of attached townhomes.
(6) 
Minimum habitable area. Each dwelling unit shall provide the following minimum habitat area (Note: areas for the common use of tenants, such as lobbies and corridors, are not to be considered habitable areas.):
(a) 
Single-family and townhome: 950 square feet.
(b) 
Studio apartment: 500 square feet.
(c) 
One-bedroom apartment: 700 square feet.
(d) 
Two-bedroom apartment: 900 square feet.
(7) 
Minimum building size. No structure containing apartments shall be less than 1,200 square feet.
(8) 
Maximum number of bedrooms. No dwelling unit in an SC District, including a unit in an independent living or assisted living facility, shall contain more than two bedrooms.
(9) 
Maximum building height. The maximum height for principal buildings or structures shall not exceed 40 feet.
(10) 
Garage and parking requirements.
(a) 
Each detached single-family residence and each townhome residence shall have an attached garage sufficient to accommodate two motor vehicles.
(b) 
For each dwelling unit in a multifamily building, there shall be provided two parking spaces, except that where the developer can demonstrate that because of the design and projected occupancy of the project there is a need for less parking, the Planning Board shall have the power and authority to adjust such parking requirements downward, fully reciting in any such resolution the justification therefor. With respect to such parking:
[1] 
Ten percent of the required parking shall be designated as visitors parking.
[2] 
Parking areas must be curbed, striped and have direction of travel lanes painted over the blacktop.
[3] 
No parking areas shall be located in a front yard or side yard abutting a dedicated public street.
[4] 
No parking space shall be constructed within the areas included in the required setbacks.
[5] 
No parking or storage space or the erection of detached garages shall be permitted in a front yard.
[6] 
Driveways providing ingress to or egress from the parking areas to the public highway, together with suitable space for turning, shall be provided. No access drives shall be constructed within the areas included in the required setbacks.
[7] 
All parking for apartment buildings, independent living facilities and assisted living facilities must be located in the rear of the premises.
(11) 
Buffers and landscaping. All requirements of this chapter relating to landscaping and buffers in residential districts shall be applicable to development in an SC District.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) 
Specific building requirements. All senior citizen apartments or independent care facility buildings shall have all common areas handicapped accessible and have a minimum of 10% of the dwelling units handicapped accessible. The remaining dwelling units must be handicapped adaptable. (Note: The construction standards for handicapped accessible and handicapped adaptable units are those defined in the American Disability Act codes and the New York State Building Codes for the physically handicapped in effect at the time the senior apartments or independent care facility is being constructed.)
(13) 
Assurances. Each proposal for the construction of housing in a Senior Citizen Residential Zoning District shall be accompanied by appropriate undertakings, restrictive covenants, easements and the like, in form and content satisfactory to the Planning Board, in order to ensure that the legislative intent and purposes of this section are achieved.