Hamlin, NY Zoning Ordinance

The Zoning Board of Appeals shall consider evidence and facts relating to:

The health, safety, morals and general welfare of the Town of Hamlin, the area surrounding the proposed housing unit or units and the proposed housing area.

The necessity of housing for operation of the farm; requirements and copies of certificates of approvals of federal, state and county departments having jurisdiction over farm labor or migrant labor housing; and that the use proposed will not alter or impair the essential use of adjacent property or the locality.

The Zoning Board of Appeals may adjourn its hearing and may make a site facility inspection if it so desires.

Permits granted hereunder shall be of not more than one-year duration and shall terminate on the first day of March each year and may be renewed without another hearing, unless the Zoning Board of Appeals requires such hearing.

The Zoning Board of Appeals may impose reasonable conditions based on facts applicable to each application, and, if the applicant violates any condition or the terms of this provision or any permit granted pursuant hereto, the Zoning Board of Appeals may, after public hearing, on proof thereof, revoke the permit.

Buildings and facilities may be permanent or of the manufactured, portable type and must be inspected by and receive a building permit from the Building Inspector. Buildings proposed need not comply with other provisions of this section or other Town ordinances relating to the size and type of buildings or construction thereof if the buildings proposed are approved by the appropriate county and state departments having jurisdiction over farm or migrant labor. Such buildings may not be used for human habitation whatsoever, except under the terms of this provision and with a proper permit.

Any public hearing held pursuant to this provision shall be duly advertised, and written notice shall be mailed to owners of property within 500 feet of the exterior boundary of the property for which the application is made.

No housing site shall be relocated, added to and/or expanded or upgraded without permission of the Zoning Board of Appeals. Any additional dwellings and/or buildings being added to the original site plan will require an additional accessory permit.

[Amended 3-4-1992 by L.L. No. 2-1992]

§ 520-26 Professional offices; home occupations.

Professional offices. Professional offices are allowed in any residential district when part of the personal dwelling of, and used solely by, professional persons licensed by the State of New York, such as, but not limited to:

All medical professionals.

Architects or landscape architects.

Real estate agents or brokers.

Insurance agents or brokers.

Professional engineers or professional land surveyors.

Certified public accountants.

Attorneys.

Offices of similar licensed professional persons or similar business offices upon issuance of a special use permit by the Planning Board. In addition to other criteria for special use permits set forth in § 520-67 of this chapter, the Planning Board shall not issue such a special use permit without a finding that said use is of the same general character as those uses listed in this Subsection A.

[Amended 3-12-2001 by L.L. No. 1-2001]

Home occupations. The following customary home occupations or activities are allowed in any residential district when conducted by the resident only and when conducted in the principal building only:

Art/music studio.

Dressmaking.

Teaching/private lessons.

Babysitting.

Beauty shops.

[Added 3-4-1992 by L.L. No. 2-1992]

Telephone answering services and business conducted entirely over the telephone.

Similar home occupations or activities upon issuance of a special use permit by the Planning Board. In addition to other criteria for special use permits set forth in § 520-67 of this chapter, the Planning Board shall not issue such a special use permit without a finding that said use is of the same general character as those uses listed in this Subsection B.

[Amended 3-12-2001 by L.L. No. 1-2001]

Exceptions. Family day-care homes defined in § 390, Subdivision 1(e), of the Social Services Law and group family day-care homes defined in § 390, Subdivision 1(d), of the Social Services Law are not considered home occupations and are specifically exempt from the requirements of Subsections B and D of this section.

[Added 5-8-2006 by L.L. No. 4-2006]

Regulations.

All professional offices and home occupations or activities shall be subject to the following restrictions:

The professional office, home occupations or activity must be clearly incidental and accessory to the use of the dwelling unit for residential purposes and shall require a special use permit from the Planning Board.

[Amended 12-2-1991 by L.L. No. 6-1991; 3-12-2001 by L.L. No. 1-2001]

Not more than two additional persons shall be employed on or from said premises as assistants to a professional person. Such assistants must be of a lower professional rank.

Any such use shall not include the confinement of any person under care or treatment for a period in excess of 24 hours.

There shall be no exterior display, no exterior storage of materials and no other exterior indication of the professional office or home occupation or activity, or variation from the general residential character of the principal building. Exterior signage shall be permitted only as outlined in § 520-37 of this chapter.

Professional offices or home occupations shall not occupy more than 25% of the total floor area of any dwelling or principal building, and in no event shall they occupy more than 500 square feet of the total floor area.

No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced on the premises as a result of the permitted use.

Teaching and/or private lessons shall be limited to not more than two pupils at any one time.

Babysitting services shall be limited to a maximum of four children under care on the premises at any one time. These children shall be in addition to any children living on the premises. Babysitting services must meet all other applicable New York State rules and regulations.

Hours of operation for professional offices and home occupations or activities shall be limited to the hours of 7:00 a.m. to 9:00 p.m. daily.

[Amended 9-20-1994 by L.L. No. 3-1994; 12-11-2006 by L.L. No. 9-2006]

Off-street parking shall be required in accordance with the provisions of § 520-44 of this chapter.

The Code Enforcement Officer shall annually inspect all professional offices and/or home occupations operating under the permit. If the use is found not to conform to the terms and conditions or this chapter and/or of the permit, the Officer shall issue a forty-five-day notice to conform. If the owner does not conform, Article VIII of this chapter will apply.

[Amended 3-4-1992 by L.L. No. 2-1992]

§ 520-27 Private garages, carports and nonagricultural storage barns.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997]

Private garages, carports and nonagricultural storage barns are permitted subject to the following restrictions. A building permit shall be required prior to the construction, movement or replacement of any garage permitted in this section.

An attached private garage or carport shall be considered part of the principal dwelling and must meet all setback requirements listed in this chapter.

An attached private garage may provide living space on the second floor. A detached private garage may not provide living space.

A detached private garage or carport or nonagricultural storage barn must be erected equal to or behind the front main foundation line of the principal dwelling or building on the lot and shall not be located nearer than 15 feet to any rear or side property lines, nor closer than 10 feet to any other building on the lot.

If erected on a corner lot, a private detached garage or carport or nonagricultural storage barn must be located behind the street side and rear main foundation lines of the principal dwelling or building on the lot. On through lots, such structures shall not be located nearer than 30 feet to either street line.[1]

Editor's Note: Original § 125-39E, which immediately followed this subsection and required a special use permit for erection of a private detached garage or carport or nonagricultural barn on a vacant lot, was deleted 3-12-2001 by L.L. No. 1-2001.

§ 520-28 Swimming pools.

Swimming pools are permitted subject to the following restrictions:

Construction and operation of swimming pools within the Town of Hamlin must conform to all applicable federal, state and local laws and codes, including but not limited to the rules of the State and County Boards of Health, the New York State Uniform Fire Prevention and Building Code and other applicable codes, rules and regulations.

[Added 9-20-1994 by L.L. No. 3-1994]

A swimming pool and appurtenances thereto, including the pool apron or deck, must be erected behind the rear main foundation line of the principal dwelling or building on the lot and shall not be located nearer than 15 feet to any rear or side property line nor closer than 10 feet to any building or other structure on the premises containing a basement per New York State Code. Swimming pools erected on a corner lot must be located behind the rear and side main foundation lines of the principal dwelling or building on the lot, as extended to each street line. On through lots, swimming pools shall not be located nearer than 30 feet to either street line.

[Added 9-20-1994 by L.L. No. 3-1994]

The swimming pool and ladder area or that portion of the lot within which the pool and ladder area are located shall be completely enclosed by a fence that will provide security against accidental or unauthorized entry. Such a fence shall be a minimum of four feet in height and a maximum of six feet in height and shall include a self-closing, self-latching entrance gate that shall be capable of being locked. If such a fence is separate or physically detached from the pool itself, there shall be a minimum distance of four feet between the fence and the water's edge. It shall be the responsibility of the property owner to maintain the fence and gates in good working order at all times.

An aboveground swimming pool with a minimum side wall height of four feet, constructed by the manufacturer so that the vertical walls are smooth and sheer and do not provide any means for intermediate footholds and handholds or unauthorized access to the water, shall be exempt from the fencing requirements described in Subsection A(3) above. However, a fence with a minimum height of four feet containing a self-closing, self-latching gate capable of being locked shall enclose the ladder area and/or prohibit unauthorized entry into such pool. Aboveground pools with a side wall height less than four feet are not exempt from the fencing requirements described in Subsection A(3) above.

Drainage facilities and procedures for swimming pools shall not interfere with the public water supply, existing drainage and sewage facilities, public highways or rights-of-way, easements or the property of others.

Structural stability.

The structural stability and integrity of any swimming pool constructed, moved or replaced in the Town of Hamlin shall be ensured, based on a determination by the Building Inspector made at the time of issuance of the building permit and using a manufacturer's warranty, contractor's guaranty and/or certification by a New York State licensed professional engineer.

It shall be the responsibility of the property owner to properly maintain, at all times, the structural stability and integrity of the swimming pool, as well as the condition and quality of the pool water.

The filtering equipment for any swimming pool shall be of a size and type to permit adequate maintenance, at all times, of water quality based on guidelines set by the Monroe County Health Department.

All electrical systems for such pool are required to be inspected by an electrical inspection agency or electrical inspector deemed suitable by the Hamlin Town Board. The fee for such inspection will be paid by the owner of the pool over and above said fee for the original building permit for such pool, whether aboveground or below.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Outdoor lighting erected in connection with a swimming pool of any type must be placed or positioned to avoid directing light onto neighboring properties as much as possible.

The operation of any pool filtering or heating system, radio, phonograph, television or other electronic device, in connection with the use of a swimming pool, operated in such a manner so as to disturb the quiet, comfort or repose of persons in any dwelling or residence is prohibited, as determined by the Building Inspector.

Other types of private pools, tanks or enclosures of water not subject to the definition of "swimming pool" contained in this chapter but which, however, involve electrical equipment shall require a building permit.

§ 520-29 Fencing.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 2-2001; 3-13-2023 by L.L. No. 1-2023]

Fencing is permitted subject to the following provisions and restrictions:

A building permit shall be required prior to the construction, movement or replacement of any fence permitted in this section.

No fence shall be erected in any rear yard higher than six feet above the highest point of ground directly below the fence.

No fence shall be erected in any side yard higher than six feet above the highest point of ground directly below the fence.

No fence shall be erected in any front yard except for one of open and decorative design and not more than four feet in height. Open design shall mean the area covered by the fence will be a maximum of 50% opaque. Any wire fence is not permitted in a front yard.

Snow fences shall be permitted on any lot between November 15 and April 1 of each year, provided that the snow fence does not cause snow to be deposited on adjacent property owned by others or on public streets or sidewalks. The end of any snow fence shall be a minimum of 15 feet away from any paved public street. Only standard snow fences shall be permitted that are no higher than four feet with metal posts 10 feet apart and wood slats 1 1/2 inches wide, connected by wire, with two-inch spaces between the slats. All snow fences and posts must be completely removed by April 1 of each year. Permits are not required for snow fencing. Any other provisions in this section concerning fence location and setbacks do not apply to snow fencing.

On corner lots, no fencing shall be erected in front of the front and street side main foundation lines of the principal dwelling or building on any lot, with the exception of split-rail fencing as noted in Subsection D.

The face or good side of any fence shall be located so as to face any adjoining lots or property owned by others. Fence posts shall face in and away from any adjoining lots or property owned by others. The location of any fencing in relation to property lines shall be the responsibility of the homeowner or property owner.

Fencing on vacant lots or lots without a house or dwelling shall be permitted, provided that such fencing does not extend beyond the average of the front setbacks of the existing dwellings within 200 feet of either side of the property and is not more than four feet in height.

Barbed wire fencing or electrification of any fence is permitted in R-VL Districts only and shall be for agricultural purposes only. Single-strand wire fences or the anchoring of any fence post by guy wires to stakes is prohibited except for agricultural purposes. No building permit is required.

Upon application to and with the approval of the Board of Zoning Appeals, a special permit may be issued for the use of barbed wire or other similar sharpened enclosure material (including but not limited to razor wire and razor tape) on fences in nonresidential districts only, provided that the purpose of such enclosure material is to prevent entry into an area:

In which materials or equipment are stored; or

Which could otherwise be hazardous to the public health, safety or general welfare.

Any application for a special permit for the use of barbed wire or other similar sharpened enclosure material (including but not limited to razor wire and razor tape) shall specify:

The number of strands of such enclosure material which are to be used.

Whether such enclosure material slants inwardly or outwardly.

The dimensions, location and extent of the placement of such enclosure material.

Any other details which may be required by the Board of Zoning Appeals.

In extreme cases involving public and/or child safety, the Board of Zoning Appeals may grant a renewable five-year accessory permit for fencing otherwise prohibited by this section, as appropriate and only as necessary, to meet the minimum safety and/or security requirements.

§ 520-30 Porches, decks and pergolas.

[Added 2-7-1996 by L.L. No. 2-1996; amended 4-9-2012 by L.L. No. 3-2012; 5-25-2016 by L.L. No. 3-2016]

If the front foundation of a residence complies with the minimum front setback established for the zoning district in which the residence is located, a nonenclosed porch structure, deck or pergola, covered or open air, which does not exceed a distance of 10 feet forward of the front foundation of the residence, is permitted without a front setback variance, even if the porch structure, deck or pergola encroaches within the required setback area. A building permit is required prior to the construction, movement or replacement of any such porch, deck or pergola.

§ 520-31 Sheds and similar structures.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 9-13-1999 by L.L. No. 5-1999; 9-14-2009 by L.L. No. 4-2009; 8-2-2011 by L.L. No. 4-2011; 4-9-2012 by L.L. No. 3-2012]

Sheds, cabanas and similar or other accessory structures are permitted, provided that such structures are incidental to the principal or primary residential use on the property and subject to the following restrictions: A building permit shall be required prior to the construction, movement or replacement of any shed, cabana or other accessory structure permitted in this section.

Any shed, cabana or similar accessory structure shall not exceed 256 square feet in area, no one side shall exceed 16 feet in length, and all walls shall have a maximum height of eight feet. One of each type of structure shall be permitted per lot except for R-L District (two) and R-VL District (three) as determined by the Building Inspector.

A shed, cabana or similar accessory structure must be erected behind the front main foundation line of the principal dwelling on any lot and 10 feet from any building used for residential purposes. A side and rear setback of no less than five feet may be maintained as long as there is the ten-foot separation from any structures on neighboring properties.

If erected on a corner lot, a shed, cabana or similar accessory structure must be located behind the rear and street side main foundation lines of the principal dwelling or building on the lot. On through lots, structures shall not be located nearer than 30 feet to either street line. A shed, cabana or similar accessory structure may not be erected on a vacant lot, unless such lot is owned by an adjacent property owner and such shed, cabana or similar accessory structure is for his/her exclusive use.

A shed, cabana or similar accessory structure may not be used to park or store automobiles, trucks, vans or other similar motor vehicles, nor may such structures be used to provide living space of any kind.

Playhouses less than 64 square feet and with a wall height less than six feet and intended for use by children shall not require a building permit, nor will swing sets, play sets and similar recreational structures intended for private residential use of children, provided they are constructed on residential parcels and conform to setback requirements.

Any arbor-like structure with dimensions which do not exceed four feet in width by four feet in length, or a total of 16 square feet, shall not require a building permit.

§ 520-32 Roadside stands and neighborhood produce stands.

[Amended 2-10-1997 by L.L. No. 1-1997; 1-8-2007 by L.L. No. 3-2007; 12-10-2012 by L.L. No. 9-2012]

Temporary or permanent roadside stands are permitted as accessory structures in the R-VL, R-L and R-M Zoning Districts, subject to the following restrictions:

Roadside stands of temporary construction must be erected at least 15 feet from any highway right-of-way or property line. Temporary roadside stands may be erected and maintained between April 1 and November 30 of each year and shall be removed on or before November 30 of the same year. One such structure shall be permitted per lot. Such structure shall not exceed the overall dimensions of 20 feet by 20 feet.

Roadside stands of permanent construction must comply with all of the setback provisions and restrictions prescribed for principal structures for the district in which the stand is located. One such structure shall be permitted per lot. Such structure shall not exceed the overall dimensions of 30 feet by 30 feet.

An off-street parking area consisting of at least 2,000 square feet with safe ingress and egress to public street or highways must be provided in conjunction with any permanent roadside stand. At least 600 square feet of off-street parking area shall be required for temporary roadside stands. Roadside stands must not cause undue or unsafe traffic conditions.

Roadside stands must be owned and operated by the owner or residents of the premises on which the roadside stand is located. Only produce products and campfire wood may be sold at roadside stands.

A neighborhood produce stand is a portable structure which does not exceed 10 feet in length and five feet in depth, or a table or tables which do not exceed a total of 50 square feet of area. A neighborhood produce stand is permitted in any zoning district, subject to the following restrictions:

Only produce products may be sold at neighborhood produce stands.

Neighborhood produce stands must be set back at least 15 feet from any highway right-of-way.

Only one neighborhood produce stand is permitted on a lot.

No signs advertising the roadside produce stand are permitted except for a nonilluminated sign attached to the stand.

A neighborhood produce stand may be maintained only between April 1 and November 30 of each year. On or before November 30, any neighborhood produce stand must be dismantled or removed to a location behind the principal structure on the premises.

§ 520-33 Antennas.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-13-1995 by L.L. No. 2-1995; 2-10-1997 by L.L. No. 1-1997]

Noncommercial radio, television or citizens band dish antennas are permitted subject to the following restrictions. A building permit shall be required prior to the erection of any antenna or replacement thereof.

All noncommercial radio, television or citizens band antennas must be erected in conformance with all Federal Communications Commission (FCC) guidelines or requirements. Radio, television and citizens band antennas may be erected without a building permit, provided that no such structure shall have a height greater than 10 feet above the ground or the structure on which it is mounted. Only one of each such structure shall be permitted per dwelling unit.

A noncommercial radio, television or citizens band antenna that has a height greater than 10 feet above the ground or the structure on which it is mounted shall require a building permit. All such structures shall be subject to a reasonable determination by the Town Building Inspector as to structural stability and safety. Specifications of manufacturers may be used by the Building Inspector as a guide for such determinations. Any alterations will require the issuance of a building permit.

No noncommercial radio, television or citizens band antenna shall exceed a maximum height of 50 feet in height above the ground.

Freestanding radio, television and citizens band antennas must be erected behind the rear main foundation line of the principal dwelling or building on the lot. Freestanding antennas erected on corner lots must be placed behind the rear and street side main foundation lines of the principal dwelling or building on the lot, as extended to each street line. The required minimum setbacks for freestanding antenna structures shall not be less than the height of the tower. Should the property owner be unable to meet such a setback requirement, the Town Building Inspector shall be empowered to establish the location of such a structure on the property and in an area where failure of the tower would do the least damage to neighboring property. Guy wires for such towers shall be located no closer than four feet to any side or rear property line.

Antenna structures or towers, including guy wires that may conduct electricity, shall be adequately grounded.

Satellite dish antennas are permitted subject to the following restrictions:

A building permit from the Town Building Inspector must be obtained prior to the placement or replacement of any satellite dish antenna.

The dish antenna must have a dull finish so that it will not cause sun-reflection problems for adjacent properties.

In residential districts, it shall be located in the rear yard as far from adjacent property lines as practicable but must meet at least the minimum setback requirements for the district.

Only in commercial and industrial districts may a satellite dish be located on the roof of the principal building or on an accessory structure unless permission is granted from the Zoning Board of Appeals.

§ 520-34 Telecommunications towers and facilities.

[Added 2-10-1997 by L.L. No. 1-1997; amended 12-9-2002 by L.L. No. 11-2002]

The regulations regarding the placement, construction, and modification of wireless telecommunications facilities are contained in Chapter 506 of the Code of the Town of Hamlin.

§ 520-35 Windmills.

Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS) are permitted subject to the following restrictions:

A building permit shall be required prior to the construction or replacement of any wind energy conversion system (WECS). WECS plans submitted to the Town Building Inspector for building permit approval shall bear the seal, signature and/or certification of a licensed professional engineer.

The WECS shall be placed on a ground-based tower located behind the rear main foundation line of the principal dwelling or building on the lot. If located on a corner lot, the WECS shall be placed behind the side and rear main foundation lines of the principal dwelling or building on the lot as extended to both street lines. A total of one WECS shall be permitted per dwelling unit.

The required minimum setback for any WECS tower shall be equal to the height of the tower plus the additional height that any blade or rotor may extend above the top of the tower. Should the property owner be unable to meet such a setback requirement, the Town Building Inspector shall be empowered to establish the location of such a structure on the property and in an area where failure of the tower would do the least damage to neighboring property. Guy wires for such towers shall be located no closer than four feet to any property line. The combined height of a tower and the blades or rotor of a WECS may not exceed 50 feet.

The minimum distances between the ground and the blades or rotor of a WECS shall be at least 15 feet.

The climbing apparatus of any WECS tower shall be located at least 10 feet above ground level.

Any WECS tower and all guy wires capable of conducting electricity shall be adequately grounded.

At least one high-voltage warning sign shall be placed at eye level on any tower when the voltage generated by a WECS will exceed 50 volts.

Normal and emergency shutdown procedures shall be posted in a readily acceptable place, as determined by the Building Inspector.

A WECS shall be properly maintained and operated at all times. The operation of any WECS in a manner which exceeds a reasonable level of noise as normally experienced by neighboring property owners, as determined by the Town Building Inspector, shall be prohibited.

WECS generators and alternators shall be properly filtered and/or shielded in order to avoid electromagnetic interference and shall comply with the rules and regulations of the Federal Communications Commission contained in 47 CFR Parts 15 and 18.

Prior to the issuance of a building permit, the applicant shall submit to the Building Inspector proof in the form of a duplicate insurance policy or a certificate issued by an insurance company that at least $300,000 of liability insurance has been obtained to cover damage or injury which might result from the failure of the tower and/or the WECS or any part thereof.

A WECS may not begin its initial operation until inspections required by the Town of Hamlin have been made and all necessary approvals have been given. After initial operations have begun, the Building Inspector or his designated representative shall have the right at any reasonable time to enter the premises on which a WECS has been placed to inspect any or all parts of said installation.

After conducting an inspection, the Building Inspector may order the owner of a WECS to render said WECS inoperative for reasons related to assuring safety of operation, abating noise or eliminating electromagnetic interference. The owner of the WECS shall not return the WECS to service until any and all of the reasons which caused the Building Inspector to issue the order to the owner to make said WECS inoperative have been corrected to the satisfaction of the Building Inspector.

Prior to allowing a WECS to resume operations, the Building Inspector may require the owner of the WECS to have an inspection made and a report issued by a professional engineer licensed in the State of New York certifying that the WECS and/or tower is safe.

§ 520-36 Solar energy sytems.

[Amended 12-2-1991 by L.L. No. 6-1991; 5-8-2017 by L.L. No. 3-2017]

Small-scale solar energy systems.

Small-scale solar energy systems are permitted as an accessory use in designated zoning districts.

Small-scale solar energy systems, and all components thereof, must comply with the setback and height requirements of the underlying zoning district.

A building permit is required for the construction of any small-scale solar energy system.

Upon approval of a building permit, the Building Inspector shall record, on the appropriate Town Zoning Map, the location of the system on the lot for the purpose of minimizing future loss of solar access resulting from construction of structures on adjoining properties.

Large-scale solar energy systems.

Large-scale solar energy systems are permitted in designated zoning districts through the issuance by the Planning Board of a special use permit subject to the requirements set forth in this section and pursuant to site plan approval by the Planning Board.

Application requirements for special use permit. The site plan and special use permit application must comply with the requirements of §§ 520-65 (Site plan review) and 520-67 (Special use permits) of this chapter and be supplemented by the following:

If the site of the project is to be leased, written consent of the landowner is required and a copy of the lease and all agreements between the lessor and lessee must be provided; however, all financial terms may be redacted.

Detailed plans of the solar energy system, signed by a professional engineer or architect, together with specifications for all solar panels, photovoltaic panels, significant components, mounting systems and inverters.

If the solar energy system is to be connected to the utility grid, written acknowledgment from the utility company must be provided that the facility will be connected to the utility grid in order to sell electricity to the public utility.

A property operation and maintenance plan which details maintenance of all solar energy equipment and maintenance of the grounds, including upkeep of all access driveways and the mowing and trimming of vegetation.

Decommissioning plan.

A decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the solar energy system. Prior to obtaining a building permit, the owner or operator of the facility shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost to ensure removal of the facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be approved by the Town Attorney, and the guarantee must remain in effect until the system is removed. The decommissioning plan shall ensure that, in the event operation of the facility ceases operation for a period of 12 months, or if construction of the project begins but is not completed within 18 months thereafter, the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:

Removal of aboveground and belowground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas.

A time frame for completion of the restoration work.

In the event construction of the project begins but is not completed within 18 months thereafter, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner or operator fails to complete construction within that period of time, the Town may notify the owner or operator to implement the decommissioning plan.

Upon cessation of activity of the solar energy system for a period of 12 months, the Town may notify the owner/operator of the facility to either restore operation of the system or implement the decommissioning plan. Within 180 days of service of said notice, the owner and/or operator must either restore operation equal to 80% or more of approved capacity or implement the decommissioning plan.

If the owner and/or operator fails to fully implement the decommissioning plan within the timetable set forth in the plan and to restore the site as required, the Town may provide for the restoration of the site and recover the costs thereof from the bond or other guarantee provided by the owner and/or operator. The Town may recover any additional expenses incurred from the owner and/or operator, and in the event of default in payment, such costs shall be assessed against the property and be a lien upon such property, which lien may be enforced and collected in any manner authorized by law.

Special use permit standards.

Lot size. Large-scale solar energy systems shall be located on lots with a minimum lot size of 20 acres.

Setbacks. The minimum front, side and rear setbacks are 100 feet.

Maximum height. No solar panel or any solar energy equipment shall be higher than 20 feet from grade level.

Maximum lot coverage. No solar energy system shall occupy more than 75% of the lot.

Screening. A landscaped buffer or screening is required around the perimeter of the facility. Such buffer or screening may include the use of earth berms, fencing, plantings or other screening which will harmonize with the character of the property and surrounding neighborhood.

Siting. To the extent feasible, the solar energy facility will be sited to minimize the loss of viable farmland.

Reflective glare. Solar panels and equipment shall be designed and located to prevent reflective glare toward any inhabited building on adjacent properties.

Underground facilities. To the extent feasible, on-site utility and transmission lines shall be placed underground.

Security fencing. The entire solar energy system shall be enclosed by a minimum six-foot-high fence with a locked gate.

Signage.

A sign shall be conspicuously displayed on or near the main access point which sets forth the facility name, owner and phone number.

A clearly visible warning sign concerning voltage shall be placed in close proximity to all transformers and substations and on each side of the perimeter fencing.

(k)

Removal of vegetation. Removal of trees and shrubs should be minimized and be offset with plantings elsewhere on the property.

Interference with solar access prohibited. The construction of any new fence or structure, or the planting of any new shrub or tree or other plant, that obstructs or restricts sunlight from reaching or falling on any lawfully constructed solar energy structure, as determined by the Building Inspector, is prohibited. Existing structures and existing vegetation shall be exempt from this requirement.

§ 520-37 Signs.

The purpose of this section is to promote safety by regulating existing and proposed signs of all types. It is intended to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community and to preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way and to prevent one sign from obstructing the view of another sign.

[Amended 5-13-2002 by L.L. No. 2-2002]

Signs are permitted subject to the following regulations:

No signs of any description shall be erected or maintained nor shall any such signs be enlarged or relocated in any district within the Town unless a permit has been obtained from the Building Inspector, unless provided otherwise herein. The Building Inspector is empowered to submit any application for a sign permit to the Zoning Board of Appeals for issuance of an accessory permit after review and determination of suitability.

[Amended 5-13-2002 by L.L. No. 2-2002]

All signs shall comply with applicable regulations of the Building Code regarding construction, erection and electrical needs. All electrical signs shall be wired in compliance with the National Electrical Code and inspected by an electrical inspection agency or electrical inspector deemed suitable by the Hamlin Town Board. No sign shall be erected or placed on a site until a sign permit has been issued by the Building Inspector.

[Amended 8-2-2011 by L.L. No. 4-2011]

Agricultural signs may be located on property other then its business address when written approval has been obtained from the property owner. No such sign shall exceed 16 square feet (no permit required).

[Amended 5-13-2002 by L.L. No. 2-2002]

Signs shall be located on the same premises as the business, profession, or matter to which they refer, unless otherwise allowed.

[Amended 5-13-2002 by L.L. No. 2-2002]

Surface area. No business or industrial sign located within 100 feet of any residential district boundary shall have a surface area (in square feet) larger than 1/2 its distance (in linear feet) from such residential boundary. Example: A business sign located 90 feet from a residential boundary shall not have a surface area larger than 45 square feet.

No sign or signs erected or maintained in the window of a building or seen through such window, and visible from any public or private street or highway, shall occupy more than 30% of the window surface; not to exceed other existing sign area regulations in this section.

The use of multiple pennants, banners, spinners, streamers, flags, moving signs or flashing, reflective, animated or rotating signs or similar eye-catching devices is permitted in districts (excluding C-NB, Commercial/Neighborhood Business) zoned for business, commercial or industrial uses for the promotion of commercial events, including but not limited to grand openings or business anniversaries, subject to the following:

[Amended 5-13-2002 by L.L. No. 2-2002]

Such signs and devices shall require a special sign permit which will be limited to a period not exceeding 30 days and which will be limited to no more than one such permit within any calendar year.

The application for a permit for such signs and devices shall be made to the Building Inspector and shall be accompanied by drawings showing dimensions, designs, colors, legends, materials and structural details of the proposed sign or device, and a plot map showing the location of such sign or device as well as the location of other signs on the same property, parking areas and buildings.

The Building Inspector may grant the permit if he/she finds that the following conditions are met:

The proposed sign or device will not impede the vision of the operator of any motor vehicle on any public highway, or the operator of any motor vehicle entering or exiting the property on which the sign or device is located, or on any adjacent property.

The proposed sign or device shall not be detrimental to adjacent properties and shall not create a hazard to the public or to any adjacent owner.

The permit may limit the hours that any such signs or devices may be illuminated.

No sign shall be extended above any roofline of a building or project beyond property lines.

Signs shall be securely attached to the building or to structurally sound standards.

No sign shall be installed, erected or attached in any form, shape or manner to a fire escape or any door or window giving access to any fire escape.

No sign, temporary or otherwise, shall be affixed to a tree or utility pole, except traffic signs as placed by a public agency.

No sign shall violate the corner visibility restrictions of § 520-52 of this chapter.

The height of a wall sign shall be measured from the base of the building below the sign to the top of the sign face.

No sign shall be erected or placed at or near the intersection of any streets in such a manner as to cause a traffic hazard at the intersection, or at any location where, by reason of the position, shape, color or illumination of the sign, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, which makes use of the words "stop," "look." "drive-in," "danger," "go slow," "caution," "warning," "right," "left" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse vehicle operators. Such signs may be removed immediately by the Building Inspector if deemed a hazard to public safety.

[Amended 5-13-2002 by L.L. No. 2-2002]

No sign of any size or description, except those erected and maintained by a public agency or mailbox signs, may be erected, placed or maintained within the highway limits of any public way within the Town of Hamlin. Examples of this provision apply to safety, directional, historical markers or other types of signs erected and maintained by said public agency. No sign of any size or description may be erected or placed that obstructs the view of another sign.

[Amended 5-13-2002 by L.L. No. 2-2002]

(16)

A-frame or removable, curbside signs are allowed subject to the following:

[Amended 5-13-2002 by L.L. No. 2-2002]

These signs are not to exceed a total area of 16 square feet.

A single A-frame or curbside, removable sign may be placed either on the premises for which the advertising is intended or, with the written consent of the property owner, on another parcel to direct attention to the business, sale or event for which the advertising is intended.

[Amended 5-11-2015 by L.L. No. 5-2015]

Only one such sign is permitted per commercial road frontage lot, and such sign may be displayed during business hours only.

Home improvement signs for contractors may be located on the property, dwelling or business being worked on, not to exceed six square feet in size. These signs shall be posted no more than 30 days or the actual construction period, whichever is longer, but in no case shall such sign be posted for more than one year.

One sign per residential property, excluding agricultural signs. (No permits required for A-frame signs.)

(17)

Any sign existing and erected before the adoption of this section, which is nonconforming and for which a permit was issued, shall be removed within one year of the effective date of this section.

[Amended 5-13-2002 by L.L. No. 2-2002]

(18)

Illumination of signs.

[Amended 5-13-2002 by L.L. No. 2-2002]

Illuminated signs or lighting devices may be permitted, provided that such signs employ only lights which emit beams of light of constant intensity, and no sign shall be illuminated by or contain flashing, oscillating or moving lights.

Any illumination of buildings and open areas shall be designed so that the lighting sources do not constitute any possible hazard to traffic and will not directly illuminate any adjacent property.

(19)

A nonilluminated temporary sign, either attached or freestanding, not exceeding 20 square feet in area, and announcing special public or institutional events, the erection of a building, the architect, the builders or contractors, may be erected for a period not to exceed 30 days plus the duration of the event or construction period.

[Amended 5-13-2002 by L.L. No. 2-2002; 8-8-2005 by L.L. No. 7-2005]

(20)

The provisions of this section shall not apply to safety, directional, historical markers or other types of signs erected and maintained by a public agency.

(21)

The Building Inspector shall require the proper maintenance of all signs. Should any sign become unsafe, unsightly, damaged or deteriorated, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the Building Inspector, proceed at once to put such sign in a safe and secure condition or renovate or remove the sign. The display surfaces shall be neatly painted at all times. The Building Inspector may order the removal of any sign and its support structures that are not maintained in accordance with the provisions of this section. Painting, repainting, cleaning or repair maintenance shall not be considered an erection or alteration which requires a permit unless a structural change is made.

[Amended 5-13-2002 by L.L. No. 2-2002]

(22)

Any obsolete sign which no longer identifies a use, or an illegal sign, shall be removed within five days after notice by the Building Inspector. Such removed signs will be stored by the Town for a minimum of 30 days, during which the owner may redeem them for an amount equivalent to double the Town's actual cost of removal or $25, whichever is greater.

[Amended 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No. 2-2002]

(23)

Freestanding signs.

All permitted freestanding signs shall be set back a minimum of 15 feet from the front property line.

No building to be served by a freestanding sign shall be set back less than 35 feet from the property line.

Any freestanding sign shall be located a minimum distance of 20 feet from a permitted use, as measured from the outside wall of the building.

The height of a freestanding sign shall be measured from the curb level to the top of the sign.

Freestanding signs are prohibited, except for:

[Amended 6-29-1992 by L.L. No. 6-1992; 5-13-2002 by L.L. No. 2-2002]

One freestanding sign, not exceeding 30 square feet, identifying a group of four or more businesses combined in a shopping center.

One freestanding sign, not exceeding 15 square feet, identifying a rental development of at least 10 dwelling units.

One freestanding sign, not exceeding 1 1/2 square feet, bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having business connotations (no permit required).

Freestanding signs, not exceeding two square feet, regulating the use of property, such as "No Fishing," "No Hunting," "No Trespassing," etc. (no permit required).

Freestanding signs, not exceeding 1 1/2 square feet, directing and guiding traffic and parking on private property but bearing no advertising matter (no permit required).

One freestanding identification sign, not exceeding 20 square feet in area, for each church, neighborhood community center, educational institution, public building, professional center, or nonprofit club.

One nonilluminated, freestanding sign, not exceeding 1 1/2 square feet in area, for each home occupation use.

One freestanding sign, not exceeding 25 square feet, identifying a commercial business, including retail sales, auto repair, private club and emergency service organization, as deemed acceptable by the Building Inspector.

Two freestanding signs, not exceeding 25 square feet per sign, on corner lots identifying a commercial business, including retail sales, as deemed acceptable by the Building Inspector.

(24)

One wall sign or projecting sign, no larger than 15 square feet, denoting the name of an apartment building, boardinghouse or rooming house, tourist home, nonprofit club, bed-and-breakfast facility, or community or municipal center, shall be allowed in any residential district.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(25)

One wall sign placed flat against the building, not exceeding 1 1/2 square feet of sign area for each linear foot of building frontage occupied by such building on a street or in a row of stores, shall be allowed in any commercial district, but it shall not exceed a maximum area of 100 square feet. One such sign shall be permitted for each street on which the business abuts.

(26)

One wall sign placed flat against the building, not exceeding 1 1/2 square feet of sign area for each linear foot of building frontage occupied by such building on a street or in a row of stores, shall be allowed in any industrial district, but it shall not exceed a maximum area of 100 square feet. One such sign shall be permitted for each street on which the business abuts.

(27)

Campaign or not-for-profit community-oriented signs may be erected no more than 35 days before election day or the event and must be removed within 24 hours after an election day or event. A noncommercial sign expressing personal sentiment that is safeguarded as free speech by the Constitution is permissible on personally owned real estate or with the permission of the owner. Such campaign or event signs shall not exceed 32 square feet and will comply with other guidelines contained in this section. Such signs are allowed on all properties within Hamlin subject to the property owner's approval and enforcement by the Building Department. Signs conforming under this subsection require no additional sign permits or approvals from the Town.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-7-1996 by L.L. No. 2-1996; 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No. 2-2002]

§ 520-38 Townhouses, duplexes, triplexes and quads.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997; 4-14-1997 by L.L. No. 5-1997]

Zoning requirements shall be as follows:

Duplexes, triplexes and quads allowed in R-H.

Two-unit townhouses allowed in R-M and served by public sewer and water.

Entrance and egress roads. It shall be the developer's responsibility to provide one entrance and one egress road to the main highway when more than one duplex, triplex, quad or townhouse is planned for erection in the same subdivision.

Each individual unit of the townhouse, duplex, triplex or quad will have the following:

Its own driveway. Parking will be determined at site plan approval from Planning Board.

Separate heating systems.

Separate hot-water heaters.

Separate utilities and utility meters (water, gas and electric).

A separate sump pump if a stormwater drainage system is not provided.

If no garage is provided, a storage building, provided by the developer.

Appropriate landscaping/buffer.

Conversions of single-family dwellings to two-family dwellings must meet the criteria of duplexes. In cases where it is not feasible, separate utilities will not be required, subject to approval by Code Enforcement Officer.

[Amended 3-13-2006 by L.L. No. 1-2006]

§ 520-39 Certificate of occupancy required upon transfer of multifamily buildings.

[Added 3-13-2006 by L.L. No. 1-2006]

No owner of any duplex, triplex, quad, apartment house or other multifamily building shall sell, transfer, grant or otherwise dispose thereof, to another, unless a new certificate of occupancy has been obtained from the Building Inspector.

The Building Inspector shall waive the requirement of a new certificate of occupancy when title is transferred:

By a deed in lieu of foreclosure or by a court-appointed referee;

By a trustee in bankruptcy;

By an assignment for benefit of creditors;

By the Monroe County Sheriff, pursuant to a judicial sale;

As a result of a tax foreclosure;

Between husband and wife;

To a person who had immediate previous legal ownership in whole or in part, pursuant to the formation, reorganization, or dissolution of a partnership, a corporation, or other form of joint ownership;

By a corporation to its shareholders; or

By a person who retains life use and/or interest in the property.

A new certificate of occupancy shall not be required under this section when a property owner retains title to the property and records a new mortgage due to refinancing of the property.

The owner requesting a certificate of occupancy shall give the Building Inspector sufficient notice to allow the inspection of the property to take place not less than 14 days nor more than 45 days prior to the transfer of the property and shall pay the fee in accordance with the rates set by the Town Board from time to time.

§ 520-40 Special use permits for single apartments in single-family dwellings.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 1-2001; 7-12-2010 by L.L. No. 1-2010; 3-11-2013 by L.L. No. 1-2013[1]]

Procedure for obtaining special use permit. The owner or owners of a single-family dwelling located in zoning districts where a single apartment in a single-family dwelling is permitted with a special use permit may apply to the Planning Board for a special use permit for a single apartment within that dwelling. In addition to the requirements for the issuance of special use permits set forth in § 520-67B of this chapter, the Planning Board shall not issue a special use permit for a single apartment in a single-family dwelling unless it makes a determination that all of the following criteria are satisfied:

The exterior of the dwelling in which the single apartment is proposed appears as a single-family dwelling. For example, the dwelling must have a single house number and no more than one garage (which may be designed, however, for two or more cars), and there may be no external staircase or double door.

The owner of the premises must reside on-premises and be a primary occupant of the dwelling.

All utility services must be shared by the apartment occupant and owner-occupant of the dwelling. There must be single electric, gas and water meters.

Interior rooms must be available and accessible to both the apartment occupant and owner-occupant of the main dwelling.

The apartment must be designed and constructed so that the apartment can be discontinued and the dwelling reverts to single-family use without structural alteration.

Adequate off-street parking is available for use by residents of the apartment via the same driveway access for the single-family dwelling.

Conditions and restrictions. Any special use permit issued by the Planning Board shall contain all the conditions set forth in Subsection A herein and the additional condition that the permit shall be revoked in the event any sign or advertisement is placed or posted on the premises announcing "space for rent," "apartment for rent" or any similar message.

Special provision regarding transferability and termination. A special use permit for a single apartment in a single-family dwelling is not transferable to subsequent owners of the single-family dwelling in which the apartment is located. Upon sale and transfer of the single-family dwelling in which the single-family apartment is located, the special use permit granted for such apartment shall become null and void. The subsequent owner may submit an application for a special use permit to the Planning Board.

Editor's Note: This local law also provided: "Upon the effective date of this local law, all special use permits for in-law apartments which have heretofore been issued by the Planning Board shall be deemed to be special use permits for single apartments in single-family dwellings. The requirement for the owners of single-family dwellings in which an in-law apartment is located to furnish annual applications stating that the occupant of the apartment is a relative of the property owner shall no longer be applicable."

§ 520-41 Keeping of animals and poultry; required enclosures and fences for farm animals.

[Amended 12-2-1991 by L.L. No. 6-1991; 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 1-2001; 8-8-2005 by L.L. No. 3-2005; 8-13-2007 by L.L. No. 10-2007; 6-11-2012 by L.L. No. 6-2012; 6-11-2012 by L.L. No. 7-2012; 5-13-2013 by L.L. No. 3-2013; 2-25-2015 by L.L. No. 2-2015; 5-25-2016 by L.L. No. 2-2016; 1-8-2018 by L.L. No. 2-2018; 8-14-2023 by L.L. No. 7-2023]

The keeping of animals and poultry shall be permitted within the Town of Hamlin, subject to the following restrictions:

The number of dogs which may be maintained in a residential building is addressed in Subsection D of § 187-11 of Chapter 187 of the Code of the Town of Hamlin (Animals).

Chickens and hens. Any resident desiring to keep chickens or hens at his or her residential property (that does not constitute a farm) may do so only on less than one acre of land with a backyard chicken license ("license") from the Town in accordance with this section.

License application. The application shall be made to the Building Department and shall include the following information:

The name, phone number and property address of the applicant(s).

The size of the subject property.

A description of any coops, cages and runs that will house the chickens, together with a description of any fencing, barriers or enclosures surrounding the curtilage of the property.

A scaled drawing showing the precise location of cage, coop, enclosure, run, fences and barriers in relation to the property lines and to structures on the subject and adjacent properties.

Coops shall be set back 10 feet from any structure, side lot line and back lot line.

A description of the manner by which feces and other waste materials will be removed from the property or will be treated so as not to result in unsanitary conditions or in the attraction of rodents and insects.

A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chickens as described in the license application.

A chicken license fee, in accordance with the Town of Hamlin Fee Schedule.

An application for a building permit, including the associated fee, unless the applicant already has a Code-compliant chicken coop with a valid certificate of compliance.

Chicken coop requirements.

Enclosures; coops and cages.

Chickens should be kept within both a coop and a fenced outdoor enclosure/run.

The coop must be kept in a clean, dry and sanitary condition at all times.

The outdoor enclosure/run shall be adequately fenced to contain the chickens and to protect the chickens from predators. It shall be cleaned on a regular basis to prevent the accumulation of animal waste.

The chicken feed or other food used to feed the chickens shall be stored in a ratproof, fastened container stored within a structure, which shall only be unfastened for the retrieval of food and shall be immediately refastened thereafter.

The chickens shall be fed only from an approved trough. Scattering of food on the ground is prohibited.

Number of chickens permitted:

A valid license shall permit the keeping of up to six chickens on a lot less than one acre in size.

No license shall be required for 10 chickens or hens on a lot of one acre, and an additional 10 chickens or hens are allowed for each additional acre. Notwithstanding the foregoing, no roosters are allowed on any lot of less than five acres.

Sanitation and nuisances.

Chickens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and so as to comply with applicable provisions of both the New York State and Monroe County Sanitary Codes.

Chickens shall not be kept in a manner that is injurious or unhealthful to any other animals or persons.

Restrictions. The following shall be prohibited under this section:

The keeping of chickens at multifamily complexes, including duplexes;

The keeping of roosters; only chicken hens are permitted on lots under five acres;

The keeping of chickens in other than the rear or back yards;

The keeping of chickens in other than a chicken coop with a certificate of compliance pursuant to this section, as above stated;

The keeping of chickens for other than personal use only; no person shall sell meat or engage in chicken breeding or fertilizer production for commercial purposes; and

The obtaining of more than one chicken coop license for adjacent properties under common ownership and tenancy.

Review and issuance of license; expiration.

If the application materials appear to be in compliance with this section, and there is not already a complaint chicken coop with a valid certificate of compliance on the property, the Building Inspector or designee shall issue a building permit for the chicken coop.

The owner shall notify the Town when the chicken coop construction is complete or when a Code-compliant coop is already present; and within 30 days of such notification, the Building Inspector or designee shall inspect the chicken coop to ensure compliance herewith.

If the chicken coop is in compliance with this section, the Building Inspector shall then issue a certificate of compliance.

After the applicant obtains a certificate of compliance, and so long as the license application is in good order, the Building Inspector or designee shall issue a license allowing the keeping of chickens on the property by the licensee.

The license shall be limited to the applicant and the subject property only and shall not be transferable to another individual or to another property.

Any chicken coop that is abandoned for a period of two years or more shall result in the expiration of the certificate of compliance and accompanying license and would require a new application for the keeping of chickens.

Enforcement and revocation.

This section shall be enforced by the Town Code Enforcement Officer or designee.

As a condition of holding a license, all licensees agree that the Code Enforcement Officer may enter onto the subject property, outdoors only, for the limited purpose of certifying compliance with license.

Should the Town Code Enforcement Officer find a violation of this section, he may issue a notice of violation and order to correct, providing seven days to correct.

Should the violation fail to be corrected within seven calendar days, the Code Enforcement Officer may issue an information and complaint in relation thereto, and upon a guilty finding, the licensee may be fined up to $100 for each violation. Each day of continued violation shall be considered an additional violation.

In addition to issuance of an information and complaint, or in the alternative, should a violation fail to be corrected within seven days, the Code Enforcement Officer may revoke the subject license, requiring removal of the chickens within seven days. Within seven days of such revocation, the licensee may provide a written notice of appeal of such revocation to the Town Board, which shall temporarily stay the revocation. Within 30 days thereof, the Town Board shall hold a public hearing on such revocation where the licensee and Code Enforcement Officer shall each present their case. Should the Town Board find sufficient evidence of the violation, it may uphold the determination to revoke the license, requiring removal of the chickens within seven days thereof. Otherwise, the revocation shall be annulled, and the license may continue. Upon revocation, all chickens shall be removed from the property within seven days, and no license may be issued to the licensee or the subject property for a period of one year.

Moreover, should more than two notices of violation and orders to correct be issued against a licensee within a period of one year, regardless of whether they have been corrected, the Code Enforcement Office may revoke the license. Appeal of such revocation shall be handled in accordance with Subsection B(7)(e) above.

Farm animals; required enclosures and fences.

Animals.

Type and amount allowed.

Farm animals and poultry other than hens and chickens.

For lots of five acres, which shall, for purposes of this section only, include that portion of a lot within a street, highway or alley right-of-way, the following will be allowed:

Two adult horses or cattle or swine;

Two juvenile offspring of horses, cattle or swine;

Four sheep or goats or other fur-bearing animals;

Twenty-five poultry other than chickens and hens;

Twenty-five juvenile poultry.

For each additional acre, the following will be allowed:

One horse or cattle or swine per acre;

One offspring of horse, cattle or swine per acre;

One sheep or goat or other fur-bearing animal per acre;

Five poultry other than chickens or hens per acre;

Five juvenile poultry, other than chicken or hens per acre.

Domestic game birds on shooting preserves. On shooting preserves permitted by special use permit pursuant to the provisions of § 520-11A(3)(e) of this chapter, the number of domestic game birds permitted is not restricted by any restrictions on the amount of poultry allowed by this § 520-41.

No building in which farm animals or poultry are kept shall be located within 50 feet of any lot line or within 150 feet of any adjoining residence.

There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line. All such manure shall be stored, treated and/or removed in such a manner as not to create any odor or attract any rodents, flies or other insects. Storage and disposal of animal manure must meet all applicable standards of Article II of the Monroe County Sanitary Code addressing general sanitation.

No swine shall be kept within 500 feet of any adjoining residence or 200 feet of any lot line.

No farm equipment and/or supplies shall be kept within 30 feet of any lot line or within 100 feet of any adjoining residence unless in an accessory building subject to applicable regulations.

Any roofless enclosure provided for such animals on the premises shall be located the greater of 150 feet to the nearest dwelling unit on an adjoining lot or 30 feet from any side or rear boundary line and not less than 75 feet from any front boundary line. This provision may be varied upon application to the Zoning Board of Appeals, provided that it finds that other conditions which it shall impose shall be sufficient to prevent adjoining or nearby premises from being adversely affected.

Confinement of farm animals.

"Farm animal," as used in this section, means any ungulate poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in § 11-1907 of the Environmental Conservation Law, which are raised for commercial or subsistence purposes. "Fur-bearing animal" shall not include dogs or cats.

Every person who shall own, keep or suffer to be kept any cattle, swine, sheep, horses, goats or fowl upon any premises owned or occupied by him shall provide and maintain in good repair fencing of sufficient strength and height and so located as to prevent any animals from straying off such premises owned or occupied by him onto lands owned by another or onto any public highway.

No person who shall own, keep or suffer to be kept upon any premises owned or occupied by him any cattle, swine, sheep, horses, goats or fowl shall permit or allow any such animals to run at large or to enter the premises of any other person or any public highway.

Any person harboring any such animal for a period of two weeks prior to any violation of this section shall be deemed to be the owner of such animal. Additionally, a tenant or lessee of property may not own, keep or suffer to be kept upon such property any cattle, swine, sheep, horses, goats or fowl without the written permission of the owner of the premises.

Any premises or enclosure occupied or used for harboring or keeping any cattle, swine, sheep, horses, goats or fowl shall be kept in a clean, habitable condition at all times.

The presence of any cattle, swine, sheep, horses, goats or fowl on the premises of any other person without his permission or upon any public highway shall be prima facie evidence of a violation of this section. The Building Inspector of the Town of Hamlin shall enforce the provisions of this section. Any violation is subject to the penalties as set forth in § 520-72 of this Zoning Law.

Fences.

Barbed wire fences shall be permitted in R-VL Districts only.

Electrification of a fence may be permitted in R-VL Districts only, provided that the electrical charge in said fence is not harmful to persons who may come in contact with said fence.

The minimum setback for a fence shall be the greater of:

One hundred fifty feet to the nearest dwelling unit on an adjoining lot; or

Thirty feet to the nearest lot not owned by the person who owns the lot on which said corral fence is located.

For lots greater than 10 acres or located in a County-Legislature-approved agricultural district or that have entered into an individual commitment pursuant to Article 25-AA of the New York State Agricultural and Markets Law, all customary farm practices involving the keeping of farm animals are permitted, provided that such practices are not injurious to the public health and safety, do not violate the standards set forth in the Monroe County Sanitary Code, and do not violate any specific requirements of this section.

Public stables are permitted in the R-VL District only and are subject to the following regulations:

Special use permit approval from the Planning Board.

The minimum area and amount of animals for a business or private stable shall follow the farm animal allowance per Subsection C(1).

Details of operation. The details of operation for a stable shall be subject to the review and approval of the Planning Board. Said details shall include but shall not be limited to:

The maximum number of horses or ponies proposed to be kept at the public stable.

The location of barns or fences on the premises.

The storage location for manure or other substances which produce dust or odor.

The use of electrified wire.

Setbacks.

Setbacks for barns. The minimum setback for a barn at a stable shall be the greater of:

One hundred fifty feet to the nearest dwelling unit on an adjoining lot; or

Fifty feet to the nearest lot not owned by the person who owns the lot on which said barn is located.

Setbacks for substances which produce dust or odor. The minimum setback for the storage of manure or other substances which produce dust or odor shall be the greater of:

Two hundred feet to the nearest dwelling unit on the adjoining lot; or

One hundred feet to the nearest lot not owned by the person who owns the lot on which said substances are located.

Certain animals prohibited. The keeping of any animal which may not be lawfully owned by individuals pursuant to the laws of the State of New York is prohibited in the Town of Hamlin.

§ 520-42 Tennis courts.

Tennis courts and similar accessory recreational uses shall be permitted in residential districts as determined by the Town Building Inspector, provided that such uses are clearly incidental to the primary residential or principal use on the property, and provided that such uses are located at least four feet from any lot line and 10 feet from any principal building and behind the main foundation line of the principal building on the lot.

§ 520-43 Ponds.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 8-8-2005 by L.L. No. 7-2005]

Ponds shall be permitted within R-VL Districts in the Town of Hamlin, subject to proper care and maintenance by the property owner, and subject to a nonrenewable accessory permit issued by the Planning Board. The review body of the final application shall be responsible for determining the proper size and location of the pond, requirements for slope, and the necessity of fencing or warning signage, given the specific lot and the character of the surrounding residential areas. To protect the safety and the property rights of adjacent landowners, ponds will have a minimum setback of 40 feet from any property line to the edge of the pond. Ponds for the control of runoff are allowable in any zoning district as part of a Planning Board approved site plan.

§ 520-44 Off-street parking.

The purposes of these provisions are to:

Provide reasonable requirements for off-street parking in order to expedite moving traffic, lessen street congestion, improve traffic and pedestrian safety, and to provide for the public health, safety and general welfare.

Require that off-street parking be provided for new uses and for buildings or uses enlarged or constructed after the effective date of this chapter.

Promote the safety and convenience of both pedestrians and motorists.

Improve the appearance of the Town.

Off-street loading requirements.

Every hospital, institution, hotel or commercial or industrial building hereafter erected or established having a gross floor area of 5,000 square feet or more shall provide and maintain at least one off-street loading space. Requirement of additional off-street loading spaces shall be determined by the Planning Board during the site plan review of each application. Each loading space shall not be less than 14 feet in width, 60 feet in length and 15 feet in height. These requirements apply to each separate occupancy and are exclusive of driveways, aisles and other necessary circulation areas.

There shall be one auxiliary truck waiting space for each two dock spaces. This requirement shall be exclusive of driveways, aisles and other necessary circulation areas.

Off-street parking requirements. Off-street parking spaces shall be provided and maintained as set forth in this section for all uses in all zoning districts. Such off-street parking spaces shall be provided at such time as:

A new building is erected or an existing building is enlarged.

A building existing on the effective date of this chapter is enlarged to the extent that the building's capacity is increased by more than 25% in floor area in terms of the units used in Subsection D, Required parking spaces, of this section.

The use is changed to another use with greater parking requirements, provided that if the enlargement of a building existing at the time hereof is less than 25%, parking space shall be provided in proportion to the increase only. Any use requiring 1/2 or more of a parking space shall be deemed to require the full space.

Required parking spaces.

Off-street parking spaces shall be provided as follows:

Residential.

One- or two-family dwelling: two per dwelling unit.

Multifamily dwelling, apartment, rooming house or boardinghouse:

One and one-half per dwelling unit.

One for each guest accommodation, plus one additional space per two employees.

Business/residential.

Professional office or customary home occupation: four for each person engaged in the professional office or home occupation.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Hotel and motel: one per guest room, plus one per two employees.

Club or lodge: spaces to meet the combined requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc.

Institutions.

Nursing care home: one per three beds for patients, residents or inmates, plus one per each employee and each staff doctor on the largest work shift.

Hospital: two per three beds, plus one per staff doctor and each other employee on the largest work shift.

Medical and dental clinic: one for every 200 square feet of floor area.

Places of public assembly.

Church: one per four seats or eight feet of bench length in the main auditorium.

Swimming pool: one for each 50 square feet of pool area.

Library, reading room, community center or club: one per 300 square feet of floor area.

Preschool nursery: two per teacher.

Private college, commercial or trade school: one per three seats in classrooms (schools for adults).

Other auditorium or meeting: one per four seats or eight feet of bench length.

Business amusements.

Auditorium, arena or theater: one per four seats or eight feet of bench length.

Bowling alley: five per lane.

Skating rink: one per 300 square feet of gross floor area.

Marinas/boat-launching ramps: [Note: dimensions for single space are nine feet by 20 feet; dimensions for trailer space are nine feet by 40 feet; access lanes shall be standard width.]

One per boat slip.

Thirty car-with-trailer spaces and 10 single spaces per ramp.

Five and five-tenths for 1,000 square feet of retail floor area.

Two per boat slip that includes charter fishing.

Interpretive centers and kiosks: five per building.

Fish cleaning stations: five per station.

Yacht club:

One per boat berth.

One per 50 square feet of floor area, plus one per employee on maximum shift.

Boat rentals: one per boat available for rent.

Business.

Retail use, 1,500 square feet gross floor area or less: one per 200 square feet of gross floor area.

Service station: one for each two gas pumps and three for each service bay.

Supermarket, grocery store or convenience store: one per 75 square feet of gross floor area but not fewer than three.

Service or repair shop; retail store and outlet selling furniture, automobiles or other bulky merchandise, where the operator can show that bulky merchandise occupies the major area of the building: one per 400 square feet gross floor area, plus one per employee on the largest shift.

Nursery: one per 200 square feet of gross floor area of inside sales or display, plus one per employee on the largest shift.

Office: one per 200 square feet of floor area, plus one per two employees.

Bank: one per 200 square feet of floor area, plus one per two employees plus five stacking spaces per drive-in teller bay and two exiting, provided that it does not interfere with other required off-street parking.

Restaurant (standard): one for each four persons of maximum capacity or one per table, plus one per employee on the largest shift.

Fast-food restaurant: one per 50 square feet of gross floor area, plus one per employee on the largest shift.

[10]

Taverns or nightclubs: one per 50 square feet of gross floor area, plus one per employee on the largest shift.

[11]

Mortuary, funeral home: at least 30 for two parlors, with 10 additional for each parlor over two.

[12]

Shopping centers: four per 1,000 square feet of gross leasable area (GLA) for centers having a gross leasable area of 25,000 to 400,000 square feet or 4.5 per 1,000 square feet of gross leasable area for centers having greater than 400,000 square feet.

Industrial.

Miniwarehouse: one per 20 storage cubicles.

Warehouse: one per 4,000 square feet of gross floor area, plus one per employee on the largest shift.

Industrial uses: one per employee on the largest shift, plus one per company vehicle regularly stored on the premises.

Wholesale establishment: one per employee, plus one per 700 square feet of patron serving area.

Other uses not specifically listed or provided for in the above regulations shall furnish parking as required by the Planning Board. The Planning Board shall use the above list as a guide for determining requirements for said other uses.

The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space, used jointly, provided that the total parking spaces in such group facilities shall not be less than the sum of the requirements for the various uses computed separately. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by the deed, lease, contract or other appropriate written document to establish the joint use.

The design of all parking areas and/or lots shall be such as to demonstrate a safe and efficient means of movement for both vehicles and pedestrians.

Location of parking facilities.

Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located on the same parcel or on another parcel, provided that the furthest parking space is not farther than 200 feet from a residential unit or 400 feet from the commercial building or use it is intended to serve, measured in a straight line from the building. The burden of proving the existence of such off-premises parking arrangements rests upon the person who has the responsibility of providing parking.

No off-street parking or automobile storage space shall be used or designed in such a manner that will obstruct or interfere with the free use of any street, alley, adjoining property loading space, access route or easements.

Provision for such parking spaces is to be included with the preliminary plans for the construction of buildings and other structures. No building or other permit shall be issued until the required site plans are approved by the Building Inspector and/or Planning Board to show how the off-street parking and loading requirements are to be fulfilled.

Use of parking facilities.

Required parking spaces shall be designated as such and made exclusively available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use. Storage areas for vehicles or materials or the parking of trucks used in conducting the business should be specially designated and provided as needed.

Automotive vehicles of any kind or type without a current New York State inspection permit and a license plate, or a temporary automobile dealer license plate or other valid state license, shall not be parked or stored in any district other than within a completely enclosed building.

No vehicle shall be driven or propelled within a parking area as defined herein in excess of 15 miles per hour. The owner of the property shall be responsible for the erection of all speed and traffic control signs.

Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall not be counted as serving a new building, structure, addition or use.

Development and maintenance standards. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

A parking space shall have minimum rectangular dimensions of not less than nine feet in width and 20 feet in length for ninety-degree parking or shall have minimum rectangular dimensions of not less than 8 1/2 feet in width and 18 feet in length for less than ninety-degree or angled parking. All dimensions shall be exclusive of driveways, aisles and other circulation areas.

Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from all adjoining properties.

Fire lanes shall be established and maintained in the parking area at the front, side and rear of all buildings and structures on subject premises and properly painted and marked as such. Vehicular parking and standing is prohibited in a fire lane, except that a commercial enterprise may use the fire lane adjacent to it as a pickup station for its customer's use, provided that such activity does not cause a traffic hazard and the Building Inspector or Fire Marshal grants approval for such use of the fire lanes.

Traffic lanes for the control and regulation of automobile, truck, bicycle or other vehicle and pedestrian flow in the parking area shall be established and maintained and properly delineated through the use of pavement markings, signs or median strips.

Parking lines for parking spaces shall be established and maintained in the parking area and shall be properly painted and marked as such.

Parking spaces in the parking area shall be set aside and designated for handicapped persons and ramp facilities provided where required. Each handicapped parking space shall have a minimum accessible space created by an area 13 feet in width and 20 feet in length in a ninety-degree parking configuration.

The required number of parking and loading spaces, as set forth in this section, together with driveways, aisles, and other circulation areas, shall be paved with acceptable impervious material, to provide a durable and dust-free surface.

All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. All water drainage systems used in connection with subject premises must be kept clean and in proper working order.

The owner and/or lessee of the property used for parking and/or loading shall maintain such area in good condition without holes and free from dust, trash and other debris.

All parking areas shall be provided with additional peripheral areas adequate for snow storage.

Landscaping and buffering requirements are subject to the restrictions in § 520-45.

§ 520-45 Landscaping and buffering.

General regulations. Buffer areas shall be provided as set forth below:

A buffer area of at least 25 feet in width shall be provided along the boundary line between any residential district and a C-NB District.

A buffer area of at least 50 feet in width shall be provided along the boundary of any residential or C-NB District and a C-GB or I District.

Such areas shall contain screen plantings of grass, trees, hedges, shrubs, etc., and may include earth berms of proper design to provide a visual and sound buffer between the different districts.

The buffer areas shall be inclusive of any building setback requirements that may be stated in this chapter.

Where one district is developed along its boundary and the other is not, the provision of the buffer area will be the responsibility of the latter property owner, lessee, etc., when the property is developed.

Where properties abutting each other in adjacent districts are both undeveloped, the provision of the buffer shall be a mutual undertaking by both owners. Each property owner shall provide the required buffer when a property is developed with such buffer area development completed no later than the start of development on the adjacent property.

Where district boundaries follow the center line of roads and/or rail lines, the distance from the zoning district boundary line to the subject property line shall be subtracted from the buffer area requirement. Where this would result in the elimination of a buffer requirement, there shall be at least a ten-foot planting strip on the subject property to act as a screen, provided in accordance with the requirements for buffers. Where districts are separated by or are designated as bounding each other on opposite sides of an expressway, no buffer area need be required.

Screening for off-street parking. All off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces residential property. Such screening may be accomplished by deciduous and/or evergreen plantings, initially not less than three feet in height on a reserved buffer strip, or a solid fence, landscaped earth berm or unpierced masonry wall not less than three feet in height. All plantings, fences or walls so used shall be properly maintained by the owner or owners of the screened parking lot.

Topsoil.

[Added 3-4-1992 by L.L. No. 2-1992[1]]

Depth of topsoil requirements. The minimum depth of topsoil required when the topsoil has been disturbed shall be as follows:

A minimum of five inches in yard and lawn areas.

A minimum of 12 inches in tillable field areas.

No person shall remove and/or sell topsoil, excavate or alter topography and remove topsoil from a site without a permit from the Zoning Board of Appeals. The permit fee shall be as required in the Town's fee schedule established by the Town Board.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 520-46 Nonconforming uses and structures.

Nonconforming uses.

Unless otherwise provided for elsewhere in this chapter, any use of land or structure, which use was lawful at the time of adoption or amendment of this chapter, may be continued; provided, however, that such use shall have continued in operation, does not constitute a nuisance, and shall not be enlarged, altered or changed in area, activity or content during its continuance, except as provided otherwise by proper authority.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any nonconforming use which has ceased continued use for a period of 12 months or more shall be considered to have been terminated and may not thereafter commence operation as before. Such use may only be reestablished in conformity with this chapter.

Any use which was in violation of any previous zoning ordinances of the Town of Hamlin shall not be regarded as nonconforming under this chapter.

Nonconforming structures.

The use or occupancy of a nonconforming structure, which was a lawful structure at the time of adoption or amendment of this chapter, may be continued; provided, however, that no enlargement, change or alteration shall be permitted upon such nonconforming structure, except upon a finding by the Building Inspector that such enlargement, change or alteration will produce greater compliance with this chapter and that the use within such structure is in conformity with the requirements of this chapter, and further provided that no enlargement, change or alteration of a nonconforming structure housing a nonconforming use shall be permitted, except upon a finding by the Zoning Board of Appeals that such enlargement, change or alteration will permit greater compliance with the provisions of this or other appropriate regulations, and is installed or instituted to minimize the detrimental effects of the nonconforming use upon adjoining conforming uses.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any nonconforming structure which has ceased continued use for a period of 12 months or more shall be considered to have been terminated and may not thereafter be used as before, but shall only be used in conformity with this chapter.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure, or part thereof, declared to be unsafe by an authorized Town official and which strengthening or restoration is ordered by said official.

Nonconforming lot size, open space, height or building size regulations.

Any building, other structure or use of land which is made nonconforming by any lot size, open space, height or building size requirements of this chapter, or by any subsequent amendments thereto, may be continued except as hereinafter provided.

Such nonconforming building, other structure or use of land, when enlarged or extended, shall comply with the regulations of this chapter and shall be located within a district which permits said use.

Reconstruction of structures. No building damaged by fire or by an act of God to the extent of more than 50% of its true value shall be repaired or rebuilt, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the replacement of any structural member to ensure the safety of a building. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. No nonconforming use shall be extended to displace a conforming use.

Maintenance. Nothing in this chapter shall prevent the renovation or repair of nonstructural members or the maintenance of a nonconforming structure made necessary by deterioration.

Applicability to nonconforming structures under construction. Structures now under construction or designated nonconforming uses may be completed according to present plans, within the period of one year after this chapter takes effect, for the designated use only.

§ 520-47 Preexisting special use permits.

[Amended 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 1-2001[1]]

All persons holding special use permits which were lawful prior to the effective date of this chapter shall, unless notified otherwise by the Town, upon date of expiration, make application to the Town in accordance with one of the following procedures:

Any such specially permitted use which meets the terms and conditions of this chapter shall be considered as a permitted use and require no further action.

Any such specially permitted use which meets the definition of professional offices or home occupations shall apply to the Planning Board for a professional office/home occupation permit.

Any such specially permitted uses which are specially permitted uses under the terms and conditions of this chapter shall apply to the Planning Board for a special use permit.

Any other such specially permitted use lawful at the time of the effective date of this chapter may be continued; provided, however, that such use being continued in operation does not constitute a nuisance, and such use shall not be enlarged, altered or changed in area, activity or content during its continuance. Any such preexisting specially permitted use shall apply to the Planning Board for an extension annually, and approval will be conditioned upon:

A satisfactory certification from the Building Inspector.

A satisfactory certification from the Fire Marshal.

Absence of written complaints.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 520-48 Dumpsters.

Dumpsters shall be permitted in any commercial or industrial district, in any apartment or multifamily housing project, on residentially zoned lots containing institutional uses and on farms located in a county-legislature-approved agricultural district or that have entered into an individual commitment pursuant to Article 25AA of the New York State Agriculture and Markets Law, provided that they are located behind the rear foundation line of the principal building on the lot, at least four feet from any property line, at least 10 feet from any principal building, and are effectively screened from public view on at least three sides with a fence or hedge. The location of the dumpster shall be such that it does not interfere with traffic or pedestrian movement on the property.

§ 520-49 Airports.

[Amended 9-20-1994 by L.L. No. 3-1994]

The provisions of the General Business Law applicable to aircraft, flying and operation of airports, as well as any applicable federal aviation rules, regulations or requirements, shall be included as a condition of site plan approval for the construction and/or operation of an airport within the R-VL District.

§ 520-50 Gasoline stations.

Special use permit. The Planning Board may issue a special use permit for the operation of a gasoline station in any C-NB or C-GB or I District. No gasoline station shall be operated in the Town without the required permit. Prior to the first issuance (as distinct from a renewal of a permit under this section), the Planning Board may require and the Planning Board shall find at the public hearing that:

The proposed structures are located in consistency with the regulations of the C-NB, C-GB or I District in which they are to be located and that the design and type of the proposed structure is in harmony with other structures in such neighborhood.

The proposed use will not create a traffic hazard at the proposed location. To this end, a minimum frontage of 200 feet will be required on any road used for access to the station.

The applicant has, in writing, agreed to construct and operate such proposed station in strict accordance with such conditions and restrictions as may be imposed by the Planning Board.

All parking and outside storage shall comply with the front, side and rear lot setback requirements.

General regulations.

Gasoline stations shall be operated and maintained at all times in conformity with the requirements of this section, the New York State Department of Environmental Conservation, National Fire Protection Association Code No. 30, State Fire Protection Codes and all other applicable New York regulations.

All vehicles at motor vehicle supply station facilities shall be stored within a building when the facilities are not open for business. However, no more than five licensed vehicles at motor vehicle supply stations for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. At no time shall any vehicles for sale be displayed inside or outside of a building.

There shall be no outside storage or display of accessories when gasoline station facilities are not open for business.

Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be temporarily stored in a completely fenced opaque enclosure adjacent to the gasoline station facility building. The area of such enclosures shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.

No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.

During the hours that a gasoline station facility is open, all cars of employees, customers and tow trucks must be parked only in areas designated on the site plan for such vehicles.

All landscaped areas designated on the gasoline station facility site plan and/or landscaping plan must be maintained in a neat and healthy condition.

Liquids shall be stored in approved closed containers not exceeding 60 gallons' capacity or in tanks located in the ground.

Vents from underground tanks shall terminate at least 12 feet above grade and shall be carried around and above any nearby building overhang or other obstruction. They shall be in operating condition at all times.

Tanks, pumps and piping shall in general be designed and equipped so as to comply with all principles of sound engineering design. They shall be able to withstand all necessary pressures and to adequately control the escape of liquids and vapors. All equipment on premises shall be constructed and equipped so as to ensure the safe and proper dispensation of Class I liquids as defined in the National Fire Protection Association Code No. 30, Flammable and Combustible Liquids Code, and shall comply with necessary guidelines as expressed in that code.

No gasoline pump shall be located closer than 25 feet to any property line.

The premises are to be maintained in a neat and clean condition without the accumulation of used materials, automobile parts, dismantled cars or cars left by their owners over a considerable period of time. Used rags are to be kept in covered metal containers. Grease and other filters and/or traps shall be approved as required by the Superintendent of Sewers and the Monroe County Health Department for the purpose of protection of the public sewer system and public bodies of water.

Each gasoline station open to the public shall at all times it is operating have a qualified attendant or supervisor on duty. It shall be the specific duty of the attendant to directly supervise, observe and control the dispensing of all flammable liquids. In addition, the attendant shall be responsible for the control of sources of ignition and the immediate handling of accidental spills and fire extinguishers.

Gasoline stations shall be located so as to not interfere with pedestrian circulation patterns in the immediate facility and shall not increase traffic hazards and congestion through turning movements or other means.

Outdoor lighting shall not cause glare or nuisance to adjoining uses.

Self-service gasoline stations.

All such operations shall comply with the National Fire Protection Association Code and those requirements of the Fire Marshal.

Each gasoline self-service station shall have the remote dispensing equipment situated in such a manner so as to give the qualified attendant controlling said equipment an optimum view of the dispensing of Class I liquids.

Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.

Instructions for the operation of pumps, hoses and dispensers shall be conspicuously posted.

Each gasoline self-service station shall have a qualified attendant on duty whenever the station is open for business. It shall be the responsibility of the qualified attendant to control and operate remote pumping equipment. Class I liquids shall at no time be dispensed without the direct supervision of the qualified attendant.

§ 520-51 Storage and disposal of junk, refuse and other materials; clean fill.

[Amended 8-8-2005 by L.L. No. 6-2005]

Storage of junk. The outdoor storage of junk, as junk is defined in § 520-9B of this chapter, is not permitted in the Town of Hamlin.

Dumping of junk, refuse and other materials. Dumping of junk, refuse and other materials, except for clean fill specifically permitted herein, is prohibited in the Town of Hamlin.

Clean fill. Nontoxic inorganic fill material, approved by the Town Building Inspector, may be used for the purpose of filling in to establish new grades, provided that a permit has been issued by the Planning Board. Said permit shall require the immediate leveling of all material deposited, and when fill is completed, it must be immediately covered with at least four inches of clean earth. The permit shall be subject to such other requirements as may be specified by the Planning Board.

§ 520-52 Visibility at intersections.

There shall be a clear vision zone at all corners of intersecting roads, or road junctions, consisting of a triangular area defined by the point of intersection of the right-of-way lines and the two points extended along such lines for a distance of 20 feet from any intersection. There shall be no buildings, fencing, signs, trees or temporary structures erected or placed within the clear vision zone.

No obstruction to view in excess of four feet in height, measured perpendicularly from the street grade, shall be maintained on the premises in the angle formed by the intersecting street and the main structure thereon so as to interfere with the view of traffic approaching the intersection from 20 feet to 75 feet, measured along the center line of each street from the intersection of such center line.

§ 520-53 Temporary uses or structures, concerts and other public gatherings.

[Amended 2-10-1997 by L.L. No. 1-1997]

Authorization.

Temporary uses or structures not otherwise permitted by code provisions may be permitted subject to the following restrictions:

The need for the temporary use or structure has arisen from circumstances constituting a substantial hardship, including but not limited to a natural disaster, fire or governmental action, or construction or development of a permanent structure to replace the temporary use.

The structure will not violate any applicable yard setbacks.

Any temporary use permitted must be capable of being removed within 15 days' notice if the zoning compliance certificate therefor is revoked.

The temporary use shall not be granted for more than one year, except that an additional one-year period may be granted for good cause shown.

A cash bond or letter of credit of not less than $100 nor more than $2,500 shall be given to the Town to guarantee termination of the temporary use.

The Planning Board may approve an application with such conditions, modifications and restrictions as the Planning Board finds necessary to make the temporary use more compatible with the surrounding neighborhood and to carry out the objectives of specific plans, this chapter, Town of Hamlin Development Regulations, and other official policies of the Town of Hamlin.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Additional regulations. A carnival or circus, religious tent meeting, horse show, concert or other events of public interest shall be subject to a permit issued by the Town Building Department. This permit will describe the following, and other conditions deemed necessary by the Building Inspector:

Documentation from the Code Enforcement Officer that adequate arrangement for temporary sanitary facilities has been ensured must be provided.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No permanent or temporary lighting shall be installed without an electrical permit and inspection.

All uses shall be confined to the dates specified in the permit.

Hours of operation shall be confined to those specified in the permit.

The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within 30 days after the closing event. A cash bond for a minimum of $100 and not to exceed $100,000 shall be posted or a signed contract with a disposal firm shall be required as a part of the application for a permit to insure that the premises will be cleared of all debris during and after the event.[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Public parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons from parking unlawfully.

Traffic control arrangements, required by the Town Building Inspector in the vicinity of major intersections, shall be arranged by the applicant.

A cash bond for a minimum of $100 and not to exceed $100,000 shall be posted with the Town to insure the repair of any damage resulting to any public right-of-way as a result of the event.

§ 520-54 Storage tanks.

[Amended 4-10-2023 by L.L. No. 4-2023]

All aboveground and underground tanks permitted as herein provided shall be constructed, installed and maintained in conformance with the requirements of the New York State Uniform Fire Prevention and Building Code and all other applicable state and federal regulations. A building permit must be obtained from the Town Building Inspector prior to the placement or replacement of any storage tank over 499 gallons. All aboveground tanks should be properly screened from view of adjacent properties.

§ 520-55 Sandy Creek piers, docks and wharves.

Permit.

Permits required.

All piers, docks and wharves on Sandy Creek shall require a dock permit and shall comply with the provisions of this section.

In addition, all piers, docks and wharves on Sandy Creek that are clearly accessory or incidental to a single-family residence shall be subject to a special use permit issued by the Planning Board. Such special use permit applications may be reviewed by the Hamlin Conservation Board and/or the Monroe County Planning Board upon the request of the Planning Board.

Application for permit. An application for a permit shall include any information as may reasonably be required by the Building Inspector to establish compliance of the proposed structure with the provisions of applicable laws, ordinances, rules and regulations.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

General standards. The following requirements shall apply to all such structures in the Town of Hamlin:

All docks and piers shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic and resisting lateral loads resulting from wind, wave and impact forces. Docks and piers shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels and prevent adverse modification of the shoreline.

Docks and piers shall at all times be maintained in accordance with the provisions of this section and in a sturdy, durable condition in conformity with standards.

The length of piers, docks or wharves that are clearly accessory and incidental to a single-family residence will be 16 feet. Piers, docks or wharves that are not accessory to a single-family residence may be greater than 16 feet as stipulated by the Planning Board, subject to the following additional standards:

Such structures shall not reduce stream navigability.

Such structures shall not infringe on the riparian rights of adjacent property owners.

The width of piers, docks or wharves that are accessory to a single-family residence shall be at least 2.5 feet but no greater than four feet. The width of piers, docks and wharves that are not accessory to single-family development may be greater than four feet as stipulated by the Planning Board, subject to the following additional standards:

Such structures shall not reduce stream navigability.

Such structures shall not infringe on the riparian rights of adjacent property owners.

All docks, piers and wharves shall provide a safe pedestrian surface at all times parallel to the water surface, except for gangways onto such docks or piers from the shoreline or extensions thereof, which gangways shall have a nonskid surface.

All docks, piers and wharves shall have a minimum clearance of 10 feet from adjacent parcel lines.

In the case of parcels on a concave or convex shoreline, docks and piers shall be located in the area fixed by projection of the parcel lines along the line bisecting the angle formed by the shoreline at its intersection with the parcel lines. Where such projections do not allow access to the line of navigability (that line marking the minimum depth for navigation), the converging lines shall instead run to the line of navigability. The line of navigability shall be divided among the littoral parcels in proportion to their respective shares of the shoreline and permit all shoreline parcels practicable access to the navigable water.

The berthing of a boat, yacht or watercraft from any dock or pier shall be within the area allowed for location of such dock or pier.

All docks and piers shall have adequate lighting to prevent collision at night.

In the case of shore parcels bounding a substantially straight shoreline, docks and piers shall be located in the area fixed by projection of parcel lines at right angles from the shoreline.

There shall be no more than one dock or pier for each residentially zoned littoral parcel with less than 75 feet of shoreline. One additional dock or pier is allowed for each additional 75 feet of shoreline.

All docks, wharves and piers shall conform to the maximum extent practicable with the policies of the Town of Hamlin's Local Waterfront Revitalization Plan.

There shall be no permanent structure located above the decks of piers, docks or wharves.

Applicability. This section shall apply to all docks, piers, structures or moorings now or hereafter existing in the waters bounding the Sandy Creek shoreline, except as follows:

Legally constructed docks, piers and structures permanently located in such waters prior to the adoption of this chapter shall be exempt from the provisions of this section. Docks, piers and structures that are replaced or reinstalled on an annual basis shall not be deemed permanent. All alterations, modifications, extensions or replacements of such permanent docks, piers and structures shall hereafter conform in all respects to the provisions of this section. No dock, pier or structure shall be deemed exempt until a permit certifying such exemption is issued by the Building Inspector. Application for such permit shall be made in accordance with provisions set forth in Subsection A(2) of this section.

Nonpermanent docks, piers and structures located in such waters on the date of adoption of this chapter, or which were in use during a one-year period prior to said date, shall comply with the provisions of this chapter not later than one year after the date of adoption.

Violations and penalties.

Violations. Any person, firm, corporation or other entity who or which owns, places, locates, constructs or maintains any dock, pier or structure in violation of this section, or any other person who knowingly commits, takes part or assists in such acts, shall be guilty of a violation of this section. The Building Inspector, New York State Police, Monroe County Sheriff, Coast Guard or New York State Park Police are empowered to commence criminal action pursuant to this section. Docks, piers or structures installed in violation of this section must be removed immediately at the expense of the property owner. If not removed, the Town may remove the offending structure and assess such removal costs against the property owner.

Penalties. Any violation of any provision of this section shall be deemed a violation and any person found guilty thereof shall be liable to a fine which shall not exceed $150 or to imprisonment not to exceed 15 days, or to both such fine and imprisonment, and each day's failure to comply with such provision shall constitute a separate violation. The Town of Hamlin is vested with jurisdiction to hear and determine actions brought pursuant to violations of this section.

Maintenance of action by the Town. The Town may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this section.

§ 520-56 Flood and erosion protection.

The Town Planning Board finds that the use of structural over nonstructural means of erosion control is consistent with the policies of the Town of Hamlin Local Waterfront Revitalization Program and the requirements of the New York State Coastal Erosion Hazard Areas Act.[1]

Editor's Note: See Art. 34 of the Environmental Conservation Law.

The design of the flood and erosion control structures shall minimize the potential adverse impacts to adjacent properties and to the Lake Ontario shoreline and to lake water quality.

The use of flood and erosion protection structures shall not interfere with the functioning of any wetland.

§ 520-57 Meteorological towers.

[Added 6-12-2006 by L.L. No. 6-2006]

No MET tower shall be installed or constructed until a special permit has been issued by the Planning Board and a building permit issued by the Building Inspector.[1]

Editor's Note: Original § 125-68A, defining MET tower, which immediately preceded this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All applications for special use permits for MET towers shall contain:

Site plan setting forth the exact location of the proposed tower with setback distances to all boundary lines of the lot on which the tower is proposed and to all buildings within 300 feet of the base of the proposed tower.

Certification bearing the signature and seal of a professional engineer licensed in New York State that the site is adequate to assure the stability of the proposed structure and that the structure is designed and will be constructed to meet all local, state and federal structural requirements for loads, including wind and ice loads.

An environmental assessment analysis and a visual addendum. The Planning Board may require submission of further documentation regarding environmental factors. The visual impact assessment shall include:

A zone of visibility map which shall be provided in order to determine locations from which the tower may be seen.

Pictorial representations of before and after views from key viewpoints both inside and outside of the Town as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers, or residents. Guidance will be provided concerning the appropriate key sites at a preapplication meeting.

Analysis of the proposed cost to remove the tower.

A bond or letter of credit in an amount established by the Planning Board after consultation with the Town Engineer to ensure removal of the tower after the expiration of the term of the permit.

A detailed statement as to the meteorological data sought, the proposed purpose for such data, and a statement as to the maximum period the applicant requests the tower to remain in place.

Construction plans must indicate that the climbing apparatus, if any, of any MET tower shall be located at least 15 feet above ground level.

Payment of the fee established by the Town Board for MET towers.

The provisions set forth in § 520-67F, H, I and J of this chapter are not applicable to special use permits for MET towers.

General requirements for all special use permits for MET towers.

MET towers are permitted only in the R-VL (Residential/Very Low Density) Zoning District.

No MET tower shall exceed 199 feet in height.

The permit shall state its effective date and the termination date by which time the tower must be removed. In no event, however, shall the term of any permit be for more than four years from its effective date.

The minimum setback for a MET tower from any boundary line or structure shall be the height of the tower plus 20 feet.

Prior to the issuance of a building permit, the applicant shall submit to the Building Inspector proof of a liability insurance policy issued by a company licensed to do business in the State of New York that at least $1,000,000 of liability insurance has been obtained to cover damage which might result from failure to the tower.

§ 520-57.1 Lighting, artificial.

[Added 9-27-2023 by L.L. No. 10-2023]

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

GLARE

Any artificial light which shines with a strong, steady or dazzling light.

LAND

Comprising not only buildings, but the ground, soil or earth as commonly understood.

STRUCTURE

A dwelling, barn, pole or elevated object or a building or other structured improvement on any premises of such physical size as to be capable of having attached thereto or incorporated thereon, on the exterior, artificial lighting by means of electrical, gas or other luminescent fixtures.

Light sources facing neighboring property.

No artificial lighting shall shine directly upon any neighboring residential property or be so established that it shall shine directly upon any residential property or shall shine directly on or into any room or rooms, porches or patios of any residential property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring residential properties or as to interfere with the physical comfort of the occupants of residential properties.

Lights directly facing a neighboring residential property or located in close proximity shall be shielded to keep direct glare from said property.

No sources of light shall be maintained or operated in connection with any building or land in any manner or by any process or method which transmits an objectionable glare on residential property.

In no instance will any glare be permitted if such glare originates from a light source facing any dwelling unit.

The light spillage on an adjacent property shall be less than 0.5 footcandle.

Nonconforming lights.

Any existing lights which do not conform to the regulations herein established shall be considered nonconforming lights.

All nonconforming lights shall be discontinued within 30 days from the effective date of this section, and their continued use shall be subject to the regulations of this section.

Legislative authority. This section is enacted pursuant to the authority given any municipality of this state to enact ordinances which the governing body deems necessary and proper for the good government, order or protection of persons and property and for the preservation of the public health, safety and welfare of the Town of Hamlin and its inhabitants.

Penalties for offenses. Any person or persons responsible for such nuisance or annoying lighting as described hereinbefore, whether owner, lessee or lessees or others using any premises with or without the permission of the owner, violating any of the provisions of this section shall, upon conviction thereof, a complaint having been made, be subject to a fine not exceeding $250 or to imprisonment for a term not exceeding 15 days, or to both fine and imprisonment, in the discretion of the court. Each day a particular violation shall continue shall constitute a separate offense.

Hamlin City Zoning Code

ARTICLE VI

Miscellaneous Regulations

§ 520-25 Farm labor camp.

Consideration of evidence of facts.

The Zoning Board of Appeals shall consider evidence and facts relating to:

The health, safety, morals and general welfare of the Town of Hamlin, the area surrounding the proposed housing unit or units and the proposed housing area.

The Zoning Board of Appeals may adjourn its hearing and may make a site facility inspection if it so desires.

[Amended 3-4-1992 by L.L. No. 2-1992]

§ 520-26 Professional offices; home occupations.

All medical professionals.

Architects or landscape architects.

Real estate agents or brokers.

Insurance agents or brokers.

Professional engineers or professional land surveyors.

Certified public accountants.

Attorneys.

[Amended 3-12-2001 by L.L. No. 1-2001]

Home occupations. The following customary home occupations or activities are allowed in any residential district when conducted by the resident only and when conducted in the principal building only:

Art/music studio.

Dressmaking.

Teaching/private lessons.

Babysitting.

Beauty shops.

[Added 3-4-1992 by L.L. No. 2-1992]

Telephone answering services and business conducted entirely over the telephone.

[Amended 3-12-2001 by L.L. No. 1-2001]

[Added 5-8-2006 by L.L. No. 4-2006]

Regulations.

All professional offices and home occupations or activities shall be subject to the following restrictions:

[Amended 12-2-1991 by L.L. No. 6-1991; 3-12-2001 by L.L. No. 1-2001]

Not more than two additional persons shall be employed on or from said premises as assistants to a professional person. Such assistants must be of a lower professional rank.

Any such use shall not include the confinement of any person under care or treatment for a period in excess of 24 hours.

No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced on the premises as a result of the permitted use.

Teaching and/or private lessons shall be limited to not more than two pupils at any one time.

Hours of operation for professional offices and home occupations or activities shall be limited to the hours of 7:00 a.m. to 9:00 p.m. daily.

[Amended 9-20-1994 by L.L. No. 3-1994; 12-11-2006 by L.L. No. 9-2006]

Off-street parking shall be required in accordance with the provisions of § 520-44 of this chapter.

[Amended 3-4-1992 by L.L. No. 2-1992]

§ 520-27 Private garages, carports and nonagricultural storage barns.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997]

An attached private garage or carport shall be considered part of the principal dwelling and must meet all setback requirements listed in this chapter.

An attached private garage may provide living space on the second floor. A detached private garage may not provide living space.

§ 520-28 Swimming pools.

Swimming pools are permitted subject to the following restrictions:

[Added 9-20-1994 by L.L. No. 3-1994]

[Added 9-20-1994 by L.L. No. 3-1994]

Structural stability.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Outdoor lighting erected in connection with a swimming pool of any type must be placed or positioned to avoid directing light onto neighboring properties as much as possible.

§ 520-29 Fencing.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 2-2001; 3-13-2023 by L.L. No. 1-2023]

Fencing is permitted subject to the following provisions and restrictions:

A building permit shall be required prior to the construction, movement or replacement of any fence permitted in this section.

No fence shall be erected in any rear yard higher than six feet above the highest point of ground directly below the fence.

No fence shall be erected in any side yard higher than six feet above the highest point of ground directly below the fence.

In which materials or equipment are stored; or

Which could otherwise be hazardous to the public health, safety or general welfare.

Any application for a special permit for the use of barbed wire or other similar sharpened enclosure material (including but not limited to razor wire and razor tape) shall specify:

The number of strands of such enclosure material which are to be used.

Whether such enclosure material slants inwardly or outwardly.

The dimensions, location and extent of the placement of such enclosure material.

Any other details which may be required by the Board of Zoning Appeals.

§ 520-30 Porches, decks and pergolas.

[Added 2-7-1996 by L.L. No. 2-1996; amended 4-9-2012 by L.L. No. 3-2012; 5-25-2016 by L.L. No. 3-2016]

§ 520-31 Sheds and similar structures.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 9-13-1999 by L.L. No. 5-1999; 9-14-2009 by L.L. No. 4-2009; 8-2-2011 by L.L. No. 4-2011; 4-9-2012 by L.L. No. 3-2012]

Any arbor-like structure with dimensions which do not exceed four feet in width by four feet in length, or a total of 16 square feet, shall not require a building permit.

§ 520-32 Roadside stands and neighborhood produce stands.

[Amended 2-10-1997 by L.L. No. 1-1997; 1-8-2007 by L.L. No. 3-2007; 12-10-2012 by L.L. No. 9-2012]

Temporary or permanent roadside stands are permitted as accessory structures in the R-VL, R-L and R-M Zoning Districts, subject to the following restrictions:

Roadside stands must be owned and operated by the owner or residents of the premises on which the roadside stand is located. Only produce products and campfire wood may be sold at roadside stands.

Only produce products may be sold at neighborhood produce stands.

Neighborhood produce stands must be set back at least 15 feet from any highway right-of-way.

Only one neighborhood produce stand is permitted on a lot.

No signs advertising the roadside produce stand are permitted except for a nonilluminated sign attached to the stand.

§ 520-33 Antennas.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-13-1995 by L.L. No. 2-1995; 2-10-1997 by L.L. No. 1-1997]

No noncommercial radio, television or citizens band antenna shall exceed a maximum height of 50 feet in height above the ground.

Antenna structures or towers, including guy wires that may conduct electricity, shall be adequately grounded.

Satellite dish antennas are permitted subject to the following restrictions:

A building permit from the Town Building Inspector must be obtained prior to the placement or replacement of any satellite dish antenna.

The dish antenna must have a dull finish so that it will not cause sun-reflection problems for adjacent properties.

In residential districts, it shall be located in the rear yard as far from adjacent property lines as practicable but must meet at least the minimum setback requirements for the district.

§ 520-34 Telecommunications towers and facilities.

[Added 2-10-1997 by L.L. No. 1-1997; amended 12-9-2002 by L.L. No. 11-2002]

The regulations regarding the placement, construction, and modification of wireless telecommunications facilities are contained in Chapter 506 of the Code of the Town of Hamlin.

§ 520-35 Windmills.

Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS) are permitted subject to the following restrictions:

The minimum distances between the ground and the blades or rotor of a WECS shall be at least 15 feet.

The climbing apparatus of any WECS tower shall be located at least 10 feet above ground level.

Any WECS tower and all guy wires capable of conducting electricity shall be adequately grounded.

At least one high-voltage warning sign shall be placed at eye level on any tower when the voltage generated by a WECS will exceed 50 volts.

Normal and emergency shutdown procedures shall be posted in a readily acceptable place, as determined by the Building Inspector.

§ 520-36 Solar energy sytems.

[Amended 12-2-1991 by L.L. No. 6-1991; 5-8-2017 by L.L. No. 3-2017]

Small-scale solar energy systems.

Small-scale solar energy systems are permitted as an accessory use in designated zoning districts.

Small-scale solar energy systems, and all components thereof, must comply with the setback and height requirements of the underlying zoning district.

A building permit is required for the construction of any small-scale solar energy system.

Large-scale solar energy systems.

Decommissioning plan.

Removal of aboveground and belowground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas.

A time frame for completion of the restoration work.

Special use permit standards.

Lot size. Large-scale solar energy systems shall be located on lots with a minimum lot size of 20 acres.

Setbacks. The minimum front, side and rear setbacks are 100 feet.

Maximum height. No solar panel or any solar energy equipment shall be higher than 20 feet from grade level.

Maximum lot coverage. No solar energy system shall occupy more than 75% of the lot.

Siting. To the extent feasible, the solar energy facility will be sited to minimize the loss of viable farmland.

Reflective glare. Solar panels and equipment shall be designed and located to prevent reflective glare toward any inhabited building on adjacent properties.

Underground facilities. To the extent feasible, on-site utility and transmission lines shall be placed underground.

Security fencing. The entire solar energy system shall be enclosed by a minimum six-foot-high fence with a locked gate.

Signage.

A sign shall be conspicuously displayed on or near the main access point which sets forth the facility name, owner and phone number.

A clearly visible warning sign concerning voltage shall be placed in close proximity to all transformers and substations and on each side of the perimeter fencing.

(k)

Removal of vegetation. Removal of trees and shrubs should be minimized and be offset with plantings elsewhere on the property.

§ 520-37 Signs.

[Amended 5-13-2002 by L.L. No. 2-2002]

Signs are permitted subject to the following regulations:

[Amended 5-13-2002 by L.L. No. 2-2002]

[Amended 8-2-2011 by L.L. No. 4-2011]

[Amended 5-13-2002 by L.L. No. 2-2002]

Signs shall be located on the same premises as the business, profession, or matter to which they refer, unless otherwise allowed.

[Amended 5-13-2002 by L.L. No. 2-2002]

[Amended 5-13-2002 by L.L. No. 2-2002]

Such signs and devices shall require a special sign permit which will be limited to a period not exceeding 30 days and which will be limited to no more than one such permit within any calendar year.

The Building Inspector may grant the permit if he/she finds that the following conditions are met:

The proposed sign or device shall not be detrimental to adjacent properties and shall not create a hazard to the public or to any adjacent owner.

The permit may limit the hours that any such signs or devices may be illuminated.

No sign shall be extended above any roofline of a building or project beyond property lines.

Signs shall be securely attached to the building or to structurally sound standards.

No sign shall be installed, erected or attached in any form, shape or manner to a fire escape or any door or window giving access to any fire escape.

No sign, temporary or otherwise, shall be affixed to a tree or utility pole, except traffic signs as placed by a public agency.

No sign shall violate the corner visibility restrictions of § 520-52 of this chapter.

The height of a wall sign shall be measured from the base of the building below the sign to the top of the sign face.

[Amended 5-13-2002 by L.L. No. 2-2002]

[Amended 5-13-2002 by L.L. No. 2-2002]

(16)

A-frame or removable, curbside signs are allowed subject to the following:

[Amended 5-13-2002 by L.L. No. 2-2002]

These signs are not to exceed a total area of 16 square feet.

[Amended 5-11-2015 by L.L. No. 5-2015]

Only one such sign is permitted per commercial road frontage lot, and such sign may be displayed during business hours only.

One sign per residential property, excluding agricultural signs. (No permits required for A-frame signs.)

(17)

Any sign existing and erected before the adoption of this section, which is nonconforming and for which a permit was issued, shall be removed within one year of the effective date of this section.

[Amended 5-13-2002 by L.L. No. 2-2002]

(18)

Illumination of signs.

[Amended 5-13-2002 by L.L. No. 2-2002]

Any illumination of buildings and open areas shall be designed so that the lighting sources do not constitute any possible hazard to traffic and will not directly illuminate any adjacent property.

(19)

[Amended 5-13-2002 by L.L. No. 2-2002; 8-8-2005 by L.L. No. 7-2005]

(20)

The provisions of this section shall not apply to safety, directional, historical markers or other types of signs erected and maintained by a public agency.

(21)

[Amended 5-13-2002 by L.L. No. 2-2002]

(22)

[Amended 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No. 2-2002]

(23)

Freestanding signs.

All permitted freestanding signs shall be set back a minimum of 15 feet from the front property line.

No building to be served by a freestanding sign shall be set back less than 35 feet from the property line.

Any freestanding sign shall be located a minimum distance of 20 feet from a permitted use, as measured from the outside wall of the building.

The height of a freestanding sign shall be measured from the curb level to the top of the sign.

Freestanding signs are prohibited, except for:

[Amended 6-29-1992 by L.L. No. 6-1992; 5-13-2002 by L.L. No. 2-2002]

One freestanding sign, not exceeding 30 square feet, identifying a group of four or more businesses combined in a shopping center.

One freestanding sign, not exceeding 15 square feet, identifying a rental development of at least 10 dwelling units.

Freestanding signs, not exceeding two square feet, regulating the use of property, such as "No Fishing," "No Hunting," "No Trespassing," etc. (no permit required).

Freestanding signs, not exceeding 1 1/2 square feet, directing and guiding traffic and parking on private property but bearing no advertising matter (no permit required).

One nonilluminated, freestanding sign, not exceeding 1 1/2 square feet in area, for each home occupation use.

Two freestanding signs, not exceeding 25 square feet per sign, on corner lots identifying a commercial business, including retail sales, as deemed acceptable by the Building Inspector.

(24)

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(25)

(26)

One wall sign placed flat against the building, not exceeding 1 1/2 square feet of sign area for each linear foot of building frontage occupied by such building on a street or in a row of stores, shall be allowed in any industrial district, but it shall not exceed a maximum area of 100 square feet. One such sign shall be permitted for each street on which the business abuts.

(27)

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-7-1996 by L.L. No. 2-1996; 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No. 2-2002]

§ 520-38 Townhouses, duplexes, triplexes and quads.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997; 4-14-1997 by L.L. No. 5-1997]

Zoning requirements shall be as follows:

Duplexes, triplexes and quads allowed in R-H.

Two-unit townhouses allowed in R-M and served by public sewer and water.

Each individual unit of the townhouse, duplex, triplex or quad will have the following:

Its own driveway. Parking will be determined at site plan approval from Planning Board.

Separate heating systems.

Separate hot-water heaters.

Separate utilities and utility meters (water, gas and electric).

A separate sump pump if a stormwater drainage system is not provided.

If no garage is provided, a storage building, provided by the developer.

Appropriate landscaping/buffer.

[Amended 3-13-2006 by L.L. No. 1-2006]

§ 520-39 Certificate of occupancy required upon transfer of multifamily buildings.

[Added 3-13-2006 by L.L. No. 1-2006]

The Building Inspector shall waive the requirement of a new certificate of occupancy when title is transferred:

By a deed in lieu of foreclosure or by a court-appointed referee;

By a trustee in bankruptcy;

By an assignment for benefit of creditors;

By the Monroe County Sheriff, pursuant to a judicial sale;

As a result of a tax foreclosure;

Between husband and wife;

By a corporation to its shareholders; or

By a person who retains life use and/or interest in the property.

A new certificate of occupancy shall not be required under this section when a property owner retains title to the property and records a new mortgage due to refinancing of the property.

§ 520-40 Special use permits for single apartments in single-family dwellings.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 1-2001; 7-12-2010 by L.L. No. 1-2010; 3-11-2013 by L.L. No. 1-2013[1]]

The owner of the premises must reside on-premises and be a primary occupant of the dwelling.

All utility services must be shared by the apartment occupant and owner-occupant of the dwelling. There must be single electric, gas and water meters.

Interior rooms must be available and accessible to both the apartment occupant and owner-occupant of the main dwelling.

The apartment must be designed and constructed so that the apartment can be discontinued and the dwelling reverts to single-family use without structural alteration.

Adequate off-street parking is available for use by residents of the apartment via the same driveway access for the single-family dwelling.

§ 520-41 Keeping of animals and poultry; required enclosures and fences for farm animals.

The keeping of animals and poultry shall be permitted within the Town of Hamlin, subject to the following restrictions:

The number of dogs which may be maintained in a residential building is addressed in Subsection D of § 187-11 of Chapter 187 of the Code of the Town of Hamlin (Animals).

License application. The application shall be made to the Building Department and shall include the following information:

The name, phone number and property address of the applicant(s).

The size of the subject property.

A description of any coops, cages and runs that will house the chickens, together with a description of any fencing, barriers or enclosures surrounding the curtilage of the property.

A scaled drawing showing the precise location of cage, coop, enclosure, run, fences and barriers in relation to the property lines and to structures on the subject and adjacent properties.

Coops shall be set back 10 feet from any structure, side lot line and back lot line.

A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chickens as described in the license application.

A chicken license fee, in accordance with the Town of Hamlin Fee Schedule.

An application for a building permit, including the associated fee, unless the applicant already has a Code-compliant chicken coop with a valid certificate of compliance.

Chicken coop requirements.

Enclosures; coops and cages.

Chickens should be kept within both a coop and a fenced outdoor enclosure/run.

The coop must be kept in a clean, dry and sanitary condition at all times.

The chickens shall be fed only from an approved trough. Scattering of food on the ground is prohibited.

Number of chickens permitted:

A valid license shall permit the keeping of up to six chickens on a lot less than one acre in size.

Sanitation and nuisances.

Chickens shall not be kept in a manner that is injurious or unhealthful to any other animals or persons.

Restrictions. The following shall be prohibited under this section:

The keeping of chickens at multifamily complexes, including duplexes;

The keeping of roosters; only chicken hens are permitted on lots under five acres;

The keeping of chickens in other than the rear or back yards;

The keeping of chickens in other than a chicken coop with a certificate of compliance pursuant to this section, as above stated;

The keeping of chickens for other than personal use only; no person shall sell meat or engage in chicken breeding or fertilizer production for commercial purposes; and

The obtaining of more than one chicken coop license for adjacent properties under common ownership and tenancy.

Review and issuance of license; expiration.

If the chicken coop is in compliance with this section, the Building Inspector shall then issue a certificate of compliance.

The license shall be limited to the applicant and the subject property only and shall not be transferable to another individual or to another property.

Enforcement and revocation.

This section shall be enforced by the Town Code Enforcement Officer or designee.

Should the Town Code Enforcement Officer find a violation of this section, he may issue a notice of violation and order to correct, providing seven days to correct.

Farm animals; required enclosures and fences.

Animals.

Type and amount allowed.

Farm animals and poultry other than hens and chickens.

For lots of five acres, which shall, for purposes of this section only, include that portion of a lot within a street, highway or alley right-of-way, the following will be allowed:

Two adult horses or cattle or swine;

Two juvenile offspring of horses, cattle or swine;

Four sheep or goats or other fur-bearing animals;

Twenty-five poultry other than chickens and hens;

Twenty-five juvenile poultry.

For each additional acre, the following will be allowed:

One horse or cattle or swine per acre;

One offspring of horse, cattle or swine per acre;

One sheep or goat or other fur-bearing animal per acre;

Five poultry other than chickens or hens per acre;

Five juvenile poultry, other than chicken or hens per acre.

No building in which farm animals or poultry are kept shall be located within 50 feet of any lot line or within 150 feet of any adjoining residence.

No swine shall be kept within 500 feet of any adjoining residence or 200 feet of any lot line.

No farm equipment and/or supplies shall be kept within 30 feet of any lot line or within 100 feet of any adjoining residence unless in an accessory building subject to applicable regulations.

Confinement of farm animals.

Any premises or enclosure occupied or used for harboring or keeping any cattle, swine, sheep, horses, goats or fowl shall be kept in a clean, habitable condition at all times.

Fences.

Barbed wire fences shall be permitted in R-VL Districts only.

Electrification of a fence may be permitted in R-VL Districts only, provided that the electrical charge in said fence is not harmful to persons who may come in contact with said fence.

The minimum setback for a fence shall be the greater of:

One hundred fifty feet to the nearest dwelling unit on an adjoining lot; or

Thirty feet to the nearest lot not owned by the person who owns the lot on which said corral fence is located.

Public stables are permitted in the R-VL District only and are subject to the following regulations:

Special use permit approval from the Planning Board.

The minimum area and amount of animals for a business or private stable shall follow the farm animal allowance per Subsection C(1).

Details of operation. The details of operation for a stable shall be subject to the review and approval of the Planning Board. Said details shall include but shall not be limited to:

The maximum number of horses or ponies proposed to be kept at the public stable.

The location of barns or fences on the premises.

The storage location for manure or other substances which produce dust or odor.

The use of electrified wire.

Setbacks.

Setbacks for barns. The minimum setback for a barn at a stable shall be the greater of:

One hundred fifty feet to the nearest dwelling unit on an adjoining lot; or

Fifty feet to the nearest lot not owned by the person who owns the lot on which said barn is located.

Setbacks for substances which produce dust or odor. The minimum setback for the storage of manure or other substances which produce dust or odor shall be the greater of:

Two hundred feet to the nearest dwelling unit on the adjoining lot; or

One hundred feet to the nearest lot not owned by the person who owns the lot on which said substances are located.

Certain animals prohibited. The keeping of any animal which may not be lawfully owned by individuals pursuant to the laws of the State of New York is prohibited in the Town of Hamlin.

§ 520-42 Tennis courts.

§ 520-43 Ponds.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 8-8-2005 by L.L. No. 7-2005]

§ 520-44 Off-street parking.

The purposes of these provisions are to:

Require that off-street parking be provided for new uses and for buildings or uses enlarged or constructed after the effective date of this chapter.

Promote the safety and convenience of both pedestrians and motorists.

Improve the appearance of the Town.

Off-street loading requirements.

There shall be one auxiliary truck waiting space for each two dock spaces. This requirement shall be exclusive of driveways, aisles and other necessary circulation areas.

A new building is erected or an existing building is enlarged.

Required parking spaces.

Off-street parking spaces shall be provided as follows:

Residential.

One- or two-family dwelling: two per dwelling unit.

Multifamily dwelling, apartment, rooming house or boardinghouse:

One and one-half per dwelling unit.

One for each guest accommodation, plus one additional space per two employees.

Business/residential.

Professional office or customary home occupation: four for each person engaged in the professional office or home occupation.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Hotel and motel: one per guest room, plus one per two employees.

Club or lodge: spaces to meet the combined requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc.

Institutions.

Nursing care home: one per three beds for patients, residents or inmates, plus one per each employee and each staff doctor on the largest work shift.

Hospital: two per three beds, plus one per staff doctor and each other employee on the largest work shift.

Medical and dental clinic: one for every 200 square feet of floor area.

Places of public assembly.

Church: one per four seats or eight feet of bench length in the main auditorium.

Swimming pool: one for each 50 square feet of pool area.

Library, reading room, community center or club: one per 300 square feet of floor area.

Preschool nursery: two per teacher.

Private college, commercial or trade school: one per three seats in classrooms (schools for adults).

Other auditorium or meeting: one per four seats or eight feet of bench length.

Business amusements.

Auditorium, arena or theater: one per four seats or eight feet of bench length.

Bowling alley: five per lane.

Skating rink: one per 300 square feet of gross floor area.

Marinas/boat-launching ramps: [Note: dimensions for single space are nine feet by 20 feet; dimensions for trailer space are nine feet by 40 feet; access lanes shall be standard width.]

One per boat slip.

Thirty car-with-trailer spaces and 10 single spaces per ramp.

Five and five-tenths for 1,000 square feet of retail floor area.

Two per boat slip that includes charter fishing.

Interpretive centers and kiosks: five per building.

Fish cleaning stations: five per station.

Yacht club:

One per boat berth.

One per 50 square feet of floor area, plus one per employee on maximum shift.

Boat rentals: one per boat available for rent.

Business.

Retail use, 1,500 square feet gross floor area or less: one per 200 square feet of gross floor area.

Service station: one for each two gas pumps and three for each service bay.

Supermarket, grocery store or convenience store: one per 75 square feet of gross floor area but not fewer than three.

Nursery: one per 200 square feet of gross floor area of inside sales or display, plus one per employee on the largest shift.

Office: one per 200 square feet of floor area, plus one per two employees.

Restaurant (standard): one for each four persons of maximum capacity or one per table, plus one per employee on the largest shift.

Fast-food restaurant: one per 50 square feet of gross floor area, plus one per employee on the largest shift.

[10]

Taverns or nightclubs: one per 50 square feet of gross floor area, plus one per employee on the largest shift.

[11]

Mortuary, funeral home: at least 30 for two parlors, with 10 additional for each parlor over two.

[12]

Industrial.

Miniwarehouse: one per 20 storage cubicles.

Warehouse: one per 4,000 square feet of gross floor area, plus one per employee on the largest shift.

Industrial uses: one per employee on the largest shift, plus one per company vehicle regularly stored on the premises.

Wholesale establishment: one per employee, plus one per 700 square feet of patron serving area.

The design of all parking areas and/or lots shall be such as to demonstrate a safe and efficient means of movement for both vehicles and pedestrians.

Location of parking facilities.

Use of parking facilities.

Development and maintenance standards. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

Parking lines for parking spaces shall be established and maintained in the parking area and shall be properly painted and marked as such.

The owner and/or lessee of the property used for parking and/or loading shall maintain such area in good condition without holes and free from dust, trash and other debris.

All parking areas shall be provided with additional peripheral areas adequate for snow storage.

Landscaping and buffering requirements are subject to the restrictions in § 520-45.

§ 520-45 Landscaping and buffering.

General regulations. Buffer areas shall be provided as set forth below:

A buffer area of at least 25 feet in width shall be provided along the boundary line between any residential district and a C-NB District.

A buffer area of at least 50 feet in width shall be provided along the boundary of any residential or C-NB District and a C-GB or I District.

Such areas shall contain screen plantings of grass, trees, hedges, shrubs, etc., and may include earth berms of proper design to provide a visual and sound buffer between the different districts.

The buffer areas shall be inclusive of any building setback requirements that may be stated in this chapter.

Topsoil.

[Added 3-4-1992 by L.L. No. 2-1992[1]]

Depth of topsoil requirements. The minimum depth of topsoil required when the topsoil has been disturbed shall be as follows:

A minimum of five inches in yard and lawn areas.

A minimum of 12 inches in tillable field areas.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 520-46 Nonconforming uses and structures.

Nonconforming uses.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any use which was in violation of any previous zoning ordinances of the Town of Hamlin shall not be regarded as nonconforming under this chapter.

Nonconforming structures.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Nonconforming lot size, open space, height or building size regulations.

Maintenance. Nothing in this chapter shall prevent the renovation or repair of nonstructural members or the maintenance of a nonconforming structure made necessary by deterioration.

§ 520-47 Preexisting special use permits.

[Amended 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 1-2001[1]]

Any such specially permitted use which meets the terms and conditions of this chapter shall be considered as a permitted use and require no further action.

Any such specially permitted use which meets the definition of professional offices or home occupations shall apply to the Planning Board for a professional office/home occupation permit.

Any such specially permitted uses which are specially permitted uses under the terms and conditions of this chapter shall apply to the Planning Board for a special use permit.

A satisfactory certification from the Building Inspector.

A satisfactory certification from the Fire Marshal.

Absence of written complaints.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 520-48 Dumpsters.

§ 520-49 Airports.

[Amended 9-20-1994 by L.L. No. 3-1994]

§ 520-50 Gasoline stations.

The proposed use will not create a traffic hazard at the proposed location. To this end, a minimum frontage of 200 feet will be required on any road used for access to the station.

The applicant has, in writing, agreed to construct and operate such proposed station in strict accordance with such conditions and restrictions as may be imposed by the Planning Board.

All parking and outside storage shall comply with the front, side and rear lot setback requirements.

General regulations.

There shall be no outside storage or display of accessories when gasoline station facilities are not open for business.

During the hours that a gasoline station facility is open, all cars of employees, customers and tow trucks must be parked only in areas designated on the site plan for such vehicles.

All landscaped areas designated on the gasoline station facility site plan and/or landscaping plan must be maintained in a neat and healthy condition.

Liquids shall be stored in approved closed containers not exceeding 60 gallons' capacity or in tanks located in the ground.

No gasoline pump shall be located closer than 25 feet to any property line.

Outdoor lighting shall not cause glare or nuisance to adjoining uses.

Self-service gasoline stations.

All such operations shall comply with the National Fire Protection Association Code and those requirements of the Fire Marshal.

Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.

Instructions for the operation of pumps, hoses and dispensers shall be conspicuously posted.

§ 520-51 Storage and disposal of junk, refuse and other materials; clean fill.

[Amended 8-8-2005 by L.L. No. 6-2005]

Storage of junk. The outdoor storage of junk, as junk is defined in § 520-9B of this chapter, is not permitted in the Town of Hamlin.

Dumping of junk, refuse and other materials. Dumping of junk, refuse and other materials, except for clean fill specifically permitted herein, is prohibited in the Town of Hamlin.

§ 520-52 Visibility at intersections.

§ 520-53 Temporary uses or structures, concerts and other public gatherings.

[Amended 2-10-1997 by L.L. No. 1-1997]

Authorization.

Temporary uses or structures not otherwise permitted by code provisions may be permitted subject to the following restrictions:

The structure will not violate any applicable yard setbacks.

Any temporary use permitted must be capable of being removed within 15 days' notice if the zoning compliance certificate therefor is revoked.

The temporary use shall not be granted for more than one year, except that an additional one-year period may be granted for good cause shown.

A cash bond or letter of credit of not less than $100 nor more than $2,500 shall be given to the Town to guarantee termination of the temporary use.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Documentation from the Code Enforcement Officer that adequate arrangement for temporary sanitary facilities has been ensured must be provided.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No permanent or temporary lighting shall be installed without an electrical permit and inspection.

All uses shall be confined to the dates specified in the permit.

Hours of operation shall be confined to those specified in the permit.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Traffic control arrangements, required by the Town Building Inspector in the vicinity of major intersections, shall be arranged by the applicant.

A cash bond for a minimum of $100 and not to exceed $100,000 shall be posted with the Town to insure the repair of any damage resulting to any public right-of-way as a result of the event.

§ 520-54 Storage tanks.

[Amended 4-10-2023 by L.L. No. 4-2023]

§ 520-55 Sandy Creek piers, docks and wharves.

Permit.

Permits required.

All piers, docks and wharves on Sandy Creek shall require a dock permit and shall comply with the provisions of this section.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

General standards. The following requirements shall apply to all such structures in the Town of Hamlin:

Docks and piers shall at all times be maintained in accordance with the provisions of this section and in a sturdy, durable condition in conformity with standards.

Such structures shall not reduce stream navigability.

Such structures shall not infringe on the riparian rights of adjacent property owners.

Such structures shall not reduce stream navigability.

Such structures shall not infringe on the riparian rights of adjacent property owners.

All docks, piers and wharves shall have a minimum clearance of 10 feet from adjacent parcel lines.

The berthing of a boat, yacht or watercraft from any dock or pier shall be within the area allowed for location of such dock or pier.

All docks and piers shall have adequate lighting to prevent collision at night.

In the case of shore parcels bounding a substantially straight shoreline, docks and piers shall be located in the area fixed by projection of parcel lines at right angles from the shoreline.

All docks, wharves and piers shall conform to the maximum extent practicable with the policies of the Town of Hamlin's Local Waterfront Revitalization Plan.

There shall be no permanent structure located above the decks of piers, docks or wharves.

Applicability. This section shall apply to all docks, piers, structures or moorings now or hereafter existing in the waters bounding the Sandy Creek shoreline, except as follows:

Violations and penalties.

§ 520-56 Flood and erosion protection.

Editor's Note: See Art. 34 of the Environmental Conservation Law.

The design of the flood and erosion control structures shall minimize the potential adverse impacts to adjacent properties and to the Lake Ontario shoreline and to lake water quality.

The use of flood and erosion protection structures shall not interfere with the functioning of any wetland.

§ 520-57 Meteorological towers.

[Added 6-12-2006 by L.L. No. 6-2006]

No MET tower shall be installed or constructed until a special permit has been issued by the Planning Board and a building permit issued by the Building Inspector.[1]

Editor's Note: Original § 125-68A, defining MET tower, which immediately preceded this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All applications for special use permits for MET towers shall contain:

A zone of visibility map which shall be provided in order to determine locations from which the tower may be seen.

Analysis of the proposed cost to remove the tower.

A bond or letter of credit in an amount established by the Planning Board after consultation with the Town Engineer to ensure removal of the tower after the expiration of the term of the permit.

A detailed statement as to the meteorological data sought, the proposed purpose for such data, and a statement as to the maximum period the applicant requests the tower to remain in place.

Construction plans must indicate that the climbing apparatus, if any, of any MET tower shall be located at least 15 feet above ground level.

Payment of the fee established by the Town Board for MET towers.

The provisions set forth in § 520-67F, H, I and J of this chapter are not applicable to special use permits for MET towers.

General requirements for all special use permits for MET towers.

MET towers are permitted only in the R-VL (Residential/Very Low Density) Zoning District.

No MET tower shall exceed 199 feet in height.

The minimum setback for a MET tower from any boundary line or structure shall be the height of the tower plus 20 feet.

§ 520-57.1 Lighting, artificial.

[Added 9-27-2023 by L.L. No. 10-2023]

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

GLARE

Any artificial light which shines with a strong, steady or dazzling light.

LAND

Comprising not only buildings, but the ground, soil or earth as commonly understood.

STRUCTURE

Light sources facing neighboring property.

Lights directly facing a neighboring residential property or located in close proximity shall be shielded to keep direct glare from said property.

No sources of light shall be maintained or operated in connection with any building or land in any manner or by any process or method which transmits an objectionable glare on residential property.

In no instance will any glare be permitted if such glare originates from a light source facing any dwelling unit.

The light spillage on an adjacent property shall be less than 0.5 footcandle.

Nonconforming lights.

Any existing lights which do not conform to the regulations herein established shall be considered nonconforming lights.

All nonconforming lights shall be discontinued within 30 days from the effective date of this section, and their continued use shall be subject to the regulations of this section.

Hamlin City Zoning Code

ARTICLE VI

Miscellaneous Regulations

§ 520-25 Farm labor camp.

Consideration of evidence of facts.

The Zoning Board of Appeals shall consider evidence and facts relating to:

The health, safety, morals and general welfare of the Town of Hamlin, the area surrounding the proposed housing unit or units and the proposed housing area.

The Zoning Board of Appeals may adjourn its hearing and may make a site facility inspection if it so desires.

[Amended 3-4-1992 by L.L. No. 2-1992]

§ 520-26 Professional offices; home occupations.

All medical professionals.

Architects or landscape architects.

Real estate agents or brokers.

Insurance agents or brokers.

Professional engineers or professional land surveyors.

Certified public accountants.

Attorneys.

[Amended 3-12-2001 by L.L. No. 1-2001]

Home occupations. The following customary home occupations or activities are allowed in any residential district when conducted by the resident only and when conducted in the principal building only:

Art/music studio.

Dressmaking.

Teaching/private lessons.

Babysitting.

Beauty shops.

[Added 3-4-1992 by L.L. No. 2-1992]

Telephone answering services and business conducted entirely over the telephone.

[Amended 3-12-2001 by L.L. No. 1-2001]

[Added 5-8-2006 by L.L. No. 4-2006]

Regulations.

All professional offices and home occupations or activities shall be subject to the following restrictions:

[Amended 12-2-1991 by L.L. No. 6-1991; 3-12-2001 by L.L. No. 1-2001]

Not more than two additional persons shall be employed on or from said premises as assistants to a professional person. Such assistants must be of a lower professional rank.

Any such use shall not include the confinement of any person under care or treatment for a period in excess of 24 hours.

No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced on the premises as a result of the permitted use.

Teaching and/or private lessons shall be limited to not more than two pupils at any one time.

Hours of operation for professional offices and home occupations or activities shall be limited to the hours of 7:00 a.m. to 9:00 p.m. daily.

[Amended 9-20-1994 by L.L. No. 3-1994; 12-11-2006 by L.L. No. 9-2006]

Off-street parking shall be required in accordance with the provisions of § 520-44 of this chapter.

[Amended 3-4-1992 by L.L. No. 2-1992]

§ 520-27 Private garages, carports and nonagricultural storage barns.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997]

An attached private garage or carport shall be considered part of the principal dwelling and must meet all setback requirements listed in this chapter.

An attached private garage may provide living space on the second floor. A detached private garage may not provide living space.

§ 520-28 Swimming pools.

Swimming pools are permitted subject to the following restrictions:

[Added 9-20-1994 by L.L. No. 3-1994]

[Added 9-20-1994 by L.L. No. 3-1994]

Structural stability.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Outdoor lighting erected in connection with a swimming pool of any type must be placed or positioned to avoid directing light onto neighboring properties as much as possible.

§ 520-29 Fencing.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 2-2001; 3-13-2023 by L.L. No. 1-2023]

Fencing is permitted subject to the following provisions and restrictions:

A building permit shall be required prior to the construction, movement or replacement of any fence permitted in this section.

No fence shall be erected in any rear yard higher than six feet above the highest point of ground directly below the fence.

No fence shall be erected in any side yard higher than six feet above the highest point of ground directly below the fence.

In which materials or equipment are stored; or

Which could otherwise be hazardous to the public health, safety or general welfare.

Any application for a special permit for the use of barbed wire or other similar sharpened enclosure material (including but not limited to razor wire and razor tape) shall specify:

The number of strands of such enclosure material which are to be used.

Whether such enclosure material slants inwardly or outwardly.

The dimensions, location and extent of the placement of such enclosure material.

Any other details which may be required by the Board of Zoning Appeals.

§ 520-30 Porches, decks and pergolas.

[Added 2-7-1996 by L.L. No. 2-1996; amended 4-9-2012 by L.L. No. 3-2012; 5-25-2016 by L.L. No. 3-2016]

§ 520-31 Sheds and similar structures.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 9-13-1999 by L.L. No. 5-1999; 9-14-2009 by L.L. No. 4-2009; 8-2-2011 by L.L. No. 4-2011; 4-9-2012 by L.L. No. 3-2012]

Any arbor-like structure with dimensions which do not exceed four feet in width by four feet in length, or a total of 16 square feet, shall not require a building permit.

§ 520-32 Roadside stands and neighborhood produce stands.

[Amended 2-10-1997 by L.L. No. 1-1997; 1-8-2007 by L.L. No. 3-2007; 12-10-2012 by L.L. No. 9-2012]

Temporary or permanent roadside stands are permitted as accessory structures in the R-VL, R-L and R-M Zoning Districts, subject to the following restrictions:

Roadside stands must be owned and operated by the owner or residents of the premises on which the roadside stand is located. Only produce products and campfire wood may be sold at roadside stands.

Only produce products may be sold at neighborhood produce stands.

Neighborhood produce stands must be set back at least 15 feet from any highway right-of-way.

Only one neighborhood produce stand is permitted on a lot.

No signs advertising the roadside produce stand are permitted except for a nonilluminated sign attached to the stand.

§ 520-33 Antennas.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-13-1995 by L.L. No. 2-1995; 2-10-1997 by L.L. No. 1-1997]

No noncommercial radio, television or citizens band antenna shall exceed a maximum height of 50 feet in height above the ground.

Antenna structures or towers, including guy wires that may conduct electricity, shall be adequately grounded.

Satellite dish antennas are permitted subject to the following restrictions:

A building permit from the Town Building Inspector must be obtained prior to the placement or replacement of any satellite dish antenna.

The dish antenna must have a dull finish so that it will not cause sun-reflection problems for adjacent properties.

In residential districts, it shall be located in the rear yard as far from adjacent property lines as practicable but must meet at least the minimum setback requirements for the district.

§ 520-34 Telecommunications towers and facilities.

[Added 2-10-1997 by L.L. No. 1-1997; amended 12-9-2002 by L.L. No. 11-2002]

The regulations regarding the placement, construction, and modification of wireless telecommunications facilities are contained in Chapter 506 of the Code of the Town of Hamlin.

§ 520-35 Windmills.

Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS) are permitted subject to the following restrictions:

The minimum distances between the ground and the blades or rotor of a WECS shall be at least 15 feet.

The climbing apparatus of any WECS tower shall be located at least 10 feet above ground level.

Any WECS tower and all guy wires capable of conducting electricity shall be adequately grounded.

At least one high-voltage warning sign shall be placed at eye level on any tower when the voltage generated by a WECS will exceed 50 volts.

Normal and emergency shutdown procedures shall be posted in a readily acceptable place, as determined by the Building Inspector.

§ 520-36 Solar energy sytems.

[Amended 12-2-1991 by L.L. No. 6-1991; 5-8-2017 by L.L. No. 3-2017]

Small-scale solar energy systems.

Small-scale solar energy systems are permitted as an accessory use in designated zoning districts.

Small-scale solar energy systems, and all components thereof, must comply with the setback and height requirements of the underlying zoning district.

A building permit is required for the construction of any small-scale solar energy system.

Large-scale solar energy systems.

Decommissioning plan.

Removal of aboveground and belowground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas.

A time frame for completion of the restoration work.

Special use permit standards.

Lot size. Large-scale solar energy systems shall be located on lots with a minimum lot size of 20 acres.

Setbacks. The minimum front, side and rear setbacks are 100 feet.

Maximum height. No solar panel or any solar energy equipment shall be higher than 20 feet from grade level.

Maximum lot coverage. No solar energy system shall occupy more than 75% of the lot.

Siting. To the extent feasible, the solar energy facility will be sited to minimize the loss of viable farmland.

Reflective glare. Solar panels and equipment shall be designed and located to prevent reflective glare toward any inhabited building on adjacent properties.

Underground facilities. To the extent feasible, on-site utility and transmission lines shall be placed underground.

Security fencing. The entire solar energy system shall be enclosed by a minimum six-foot-high fence with a locked gate.

Signage.

A sign shall be conspicuously displayed on or near the main access point which sets forth the facility name, owner and phone number.

A clearly visible warning sign concerning voltage shall be placed in close proximity to all transformers and substations and on each side of the perimeter fencing.

(k)

Removal of vegetation. Removal of trees and shrubs should be minimized and be offset with plantings elsewhere on the property.

§ 520-37 Signs.

[Amended 5-13-2002 by L.L. No. 2-2002]

Signs are permitted subject to the following regulations:

[Amended 5-13-2002 by L.L. No. 2-2002]

[Amended 8-2-2011 by L.L. No. 4-2011]

[Amended 5-13-2002 by L.L. No. 2-2002]

Signs shall be located on the same premises as the business, profession, or matter to which they refer, unless otherwise allowed.

[Amended 5-13-2002 by L.L. No. 2-2002]

[Amended 5-13-2002 by L.L. No. 2-2002]

Such signs and devices shall require a special sign permit which will be limited to a period not exceeding 30 days and which will be limited to no more than one such permit within any calendar year.

The Building Inspector may grant the permit if he/she finds that the following conditions are met:

The proposed sign or device shall not be detrimental to adjacent properties and shall not create a hazard to the public or to any adjacent owner.

The permit may limit the hours that any such signs or devices may be illuminated.

No sign shall be extended above any roofline of a building or project beyond property lines.

Signs shall be securely attached to the building or to structurally sound standards.

No sign shall be installed, erected or attached in any form, shape or manner to a fire escape or any door or window giving access to any fire escape.

No sign, temporary or otherwise, shall be affixed to a tree or utility pole, except traffic signs as placed by a public agency.

No sign shall violate the corner visibility restrictions of § 520-52 of this chapter.

The height of a wall sign shall be measured from the base of the building below the sign to the top of the sign face.

[Amended 5-13-2002 by L.L. No. 2-2002]

[Amended 5-13-2002 by L.L. No. 2-2002]

(16)

A-frame or removable, curbside signs are allowed subject to the following:

[Amended 5-13-2002 by L.L. No. 2-2002]

These signs are not to exceed a total area of 16 square feet.

[Amended 5-11-2015 by L.L. No. 5-2015]

Only one such sign is permitted per commercial road frontage lot, and such sign may be displayed during business hours only.

One sign per residential property, excluding agricultural signs. (No permits required for A-frame signs.)

(17)

Any sign existing and erected before the adoption of this section, which is nonconforming and for which a permit was issued, shall be removed within one year of the effective date of this section.

[Amended 5-13-2002 by L.L. No. 2-2002]

(18)

Illumination of signs.

[Amended 5-13-2002 by L.L. No. 2-2002]

Any illumination of buildings and open areas shall be designed so that the lighting sources do not constitute any possible hazard to traffic and will not directly illuminate any adjacent property.

(19)

[Amended 5-13-2002 by L.L. No. 2-2002; 8-8-2005 by L.L. No. 7-2005]

(20)

The provisions of this section shall not apply to safety, directional, historical markers or other types of signs erected and maintained by a public agency.

(21)

[Amended 5-13-2002 by L.L. No. 2-2002]

(22)

[Amended 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No. 2-2002]

(23)

Freestanding signs.

All permitted freestanding signs shall be set back a minimum of 15 feet from the front property line.

No building to be served by a freestanding sign shall be set back less than 35 feet from the property line.

Any freestanding sign shall be located a minimum distance of 20 feet from a permitted use, as measured from the outside wall of the building.

The height of a freestanding sign shall be measured from the curb level to the top of the sign.

Freestanding signs are prohibited, except for:

[Amended 6-29-1992 by L.L. No. 6-1992; 5-13-2002 by L.L. No. 2-2002]

One freestanding sign, not exceeding 30 square feet, identifying a group of four or more businesses combined in a shopping center.

One freestanding sign, not exceeding 15 square feet, identifying a rental development of at least 10 dwelling units.

Freestanding signs, not exceeding two square feet, regulating the use of property, such as "No Fishing," "No Hunting," "No Trespassing," etc. (no permit required).

Freestanding signs, not exceeding 1 1/2 square feet, directing and guiding traffic and parking on private property but bearing no advertising matter (no permit required).

One nonilluminated, freestanding sign, not exceeding 1 1/2 square feet in area, for each home occupation use.

Two freestanding signs, not exceeding 25 square feet per sign, on corner lots identifying a commercial business, including retail sales, as deemed acceptable by the Building Inspector.

(24)

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(25)

(26)

One wall sign placed flat against the building, not exceeding 1 1/2 square feet of sign area for each linear foot of building frontage occupied by such building on a street or in a row of stores, shall be allowed in any industrial district, but it shall not exceed a maximum area of 100 square feet. One such sign shall be permitted for each street on which the business abuts.

(27)

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-7-1996 by L.L. No. 2-1996; 2-10-1997 by L.L. No. 1-1997; 5-13-2002 by L.L. No. 2-2002]

§ 520-38 Townhouses, duplexes, triplexes and quads.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997; 4-14-1997 by L.L. No. 5-1997]

Zoning requirements shall be as follows:

Duplexes, triplexes and quads allowed in R-H.

Two-unit townhouses allowed in R-M and served by public sewer and water.

Each individual unit of the townhouse, duplex, triplex or quad will have the following:

Its own driveway. Parking will be determined at site plan approval from Planning Board.

Separate heating systems.

Separate hot-water heaters.

Separate utilities and utility meters (water, gas and electric).

A separate sump pump if a stormwater drainage system is not provided.

If no garage is provided, a storage building, provided by the developer.

Appropriate landscaping/buffer.

[Amended 3-13-2006 by L.L. No. 1-2006]

§ 520-39 Certificate of occupancy required upon transfer of multifamily buildings.

[Added 3-13-2006 by L.L. No. 1-2006]

The Building Inspector shall waive the requirement of a new certificate of occupancy when title is transferred:

By a deed in lieu of foreclosure or by a court-appointed referee;

By a trustee in bankruptcy;

By an assignment for benefit of creditors;

By the Monroe County Sheriff, pursuant to a judicial sale;

As a result of a tax foreclosure;

Between husband and wife;

By a corporation to its shareholders; or

By a person who retains life use and/or interest in the property.

A new certificate of occupancy shall not be required under this section when a property owner retains title to the property and records a new mortgage due to refinancing of the property.

§ 520-40 Special use permits for single apartments in single-family dwellings.

[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 1-2001; 7-12-2010 by L.L. No. 1-2010; 3-11-2013 by L.L. No. 1-2013[1]]

The owner of the premises must reside on-premises and be a primary occupant of the dwelling.

All utility services must be shared by the apartment occupant and owner-occupant of the dwelling. There must be single electric, gas and water meters.

Interior rooms must be available and accessible to both the apartment occupant and owner-occupant of the main dwelling.

The apartment must be designed and constructed so that the apartment can be discontinued and the dwelling reverts to single-family use without structural alteration.

Adequate off-street parking is available for use by residents of the apartment via the same driveway access for the single-family dwelling.

§ 520-41 Keeping of animals and poultry; required enclosures and fences for farm animals.

The keeping of animals and poultry shall be permitted within the Town of Hamlin, subject to the following restrictions:

The number of dogs which may be maintained in a residential building is addressed in Subsection D of § 187-11 of Chapter 187 of the Code of the Town of Hamlin (Animals).

License application. The application shall be made to the Building Department and shall include the following information:

The name, phone number and property address of the applicant(s).

The size of the subject property.

A description of any coops, cages and runs that will house the chickens, together with a description of any fencing, barriers or enclosures surrounding the curtilage of the property.

A scaled drawing showing the precise location of cage, coop, enclosure, run, fences and barriers in relation to the property lines and to structures on the subject and adjacent properties.

Coops shall be set back 10 feet from any structure, side lot line and back lot line.

A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chickens as described in the license application.

A chicken license fee, in accordance with the Town of Hamlin Fee Schedule.

An application for a building permit, including the associated fee, unless the applicant already has a Code-compliant chicken coop with a valid certificate of compliance.

Chicken coop requirements.

Enclosures; coops and cages.

Chickens should be kept within both a coop and a fenced outdoor enclosure/run.

The coop must be kept in a clean, dry and sanitary condition at all times.

The chickens shall be fed only from an approved trough. Scattering of food on the ground is prohibited.

Number of chickens permitted:

A valid license shall permit the keeping of up to six chickens on a lot less than one acre in size.

Sanitation and nuisances.

Chickens shall not be kept in a manner that is injurious or unhealthful to any other animals or persons.

Restrictions. The following shall be prohibited under this section:

The keeping of chickens at multifamily complexes, including duplexes;

The keeping of roosters; only chicken hens are permitted on lots under five acres;

The keeping of chickens in other than the rear or back yards;

The keeping of chickens in other than a chicken coop with a certificate of compliance pursuant to this section, as above stated;

The keeping of chickens for other than personal use only; no person shall sell meat or engage in chicken breeding or fertilizer production for commercial purposes; and

The obtaining of more than one chicken coop license for adjacent properties under common ownership and tenancy.

Review and issuance of license; expiration.

If the chicken coop is in compliance with this section, the Building Inspector shall then issue a certificate of compliance.

The license shall be limited to the applicant and the subject property only and shall not be transferable to another individual or to another property.

Enforcement and revocation.

This section shall be enforced by the Town Code Enforcement Officer or designee.

Should the Town Code Enforcement Officer find a violation of this section, he may issue a notice of violation and order to correct, providing seven days to correct.

Farm animals; required enclosures and fences.

Animals.

Type and amount allowed.

Farm animals and poultry other than hens and chickens.

For lots of five acres, which shall, for purposes of this section only, include that portion of a lot within a street, highway or alley right-of-way, the following will be allowed:

Two adult horses or cattle or swine;

Two juvenile offspring of horses, cattle or swine;

Four sheep or goats or other fur-bearing animals;

Twenty-five poultry other than chickens and hens;

Twenty-five juvenile poultry.

For each additional acre, the following will be allowed:

One horse or cattle or swine per acre;

One offspring of horse, cattle or swine per acre;

One sheep or goat or other fur-bearing animal per acre;

Five poultry other than chickens or hens per acre;

Five juvenile poultry, other than chicken or hens per acre.

No building in which farm animals or poultry are kept shall be located within 50 feet of any lot line or within 150 feet of any adjoining residence.

No swine shall be kept within 500 feet of any adjoining residence or 200 feet of any lot line.

No farm equipment and/or supplies shall be kept within 30 feet of any lot line or within 100 feet of any adjoining residence unless in an accessory building subject to applicable regulations.

Confinement of farm animals.

Any premises or enclosure occupied or used for harboring or keeping any cattle, swine, sheep, horses, goats or fowl shall be kept in a clean, habitable condition at all times.

Fences.

Barbed wire fences shall be permitted in R-VL Districts only.

Electrification of a fence may be permitted in R-VL Districts only, provided that the electrical charge in said fence is not harmful to persons who may come in contact with said fence.

The minimum setback for a fence shall be the greater of:

One hundred fifty feet to the nearest dwelling unit on an adjoining lot; or

Thirty feet to the nearest lot not owned by the person who owns the lot on which said corral fence is located.

Public stables are permitted in the R-VL District only and are subject to the following regulations:

Special use permit approval from the Planning Board.

The minimum area and amount of animals for a business or private stable shall follow the farm animal allowance per Subsection C(1).

Details of operation. The details of operation for a stable shall be subject to the review and approval of the Planning Board. Said details shall include but shall not be limited to:

The maximum number of horses or ponies proposed to be kept at the public stable.

The location of barns or fences on the premises.

The storage location for manure or other substances which produce dust or odor.

The use of electrified wire.

Setbacks.

Setbacks for barns. The minimum setback for a barn at a stable shall be the greater of:

One hundred fifty feet to the nearest dwelling unit on an adjoining lot; or

Fifty feet to the nearest lot not owned by the person who owns the lot on which said barn is located.

Setbacks for substances which produce dust or odor. The minimum setback for the storage of manure or other substances which produce dust or odor shall be the greater of:

Two hundred feet to the nearest dwelling unit on the adjoining lot; or

One hundred feet to the nearest lot not owned by the person who owns the lot on which said substances are located.

Certain animals prohibited. The keeping of any animal which may not be lawfully owned by individuals pursuant to the laws of the State of New York is prohibited in the Town of Hamlin.

§ 520-42 Tennis courts.

§ 520-43 Ponds.

[Amended 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 8-8-2005 by L.L. No. 7-2005]

§ 520-44 Off-street parking.

The purposes of these provisions are to:

Require that off-street parking be provided for new uses and for buildings or uses enlarged or constructed after the effective date of this chapter.

Promote the safety and convenience of both pedestrians and motorists.

Improve the appearance of the Town.

Off-street loading requirements.

There shall be one auxiliary truck waiting space for each two dock spaces. This requirement shall be exclusive of driveways, aisles and other necessary circulation areas.

A new building is erected or an existing building is enlarged.

Required parking spaces.

Off-street parking spaces shall be provided as follows:

Residential.

One- or two-family dwelling: two per dwelling unit.

Multifamily dwelling, apartment, rooming house or boardinghouse:

One and one-half per dwelling unit.

One for each guest accommodation, plus one additional space per two employees.

Business/residential.

Professional office or customary home occupation: four for each person engaged in the professional office or home occupation.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Hotel and motel: one per guest room, plus one per two employees.

Club or lodge: spaces to meet the combined requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc.

Institutions.

Nursing care home: one per three beds for patients, residents or inmates, plus one per each employee and each staff doctor on the largest work shift.

Hospital: two per three beds, plus one per staff doctor and each other employee on the largest work shift.

Medical and dental clinic: one for every 200 square feet of floor area.

Places of public assembly.

Church: one per four seats or eight feet of bench length in the main auditorium.

Swimming pool: one for each 50 square feet of pool area.

Library, reading room, community center or club: one per 300 square feet of floor area.

Preschool nursery: two per teacher.

Private college, commercial or trade school: one per three seats in classrooms (schools for adults).

Other auditorium or meeting: one per four seats or eight feet of bench length.

Business amusements.

Auditorium, arena or theater: one per four seats or eight feet of bench length.

Bowling alley: five per lane.

Skating rink: one per 300 square feet of gross floor area.

Marinas/boat-launching ramps: [Note: dimensions for single space are nine feet by 20 feet; dimensions for trailer space are nine feet by 40 feet; access lanes shall be standard width.]

One per boat slip.

Thirty car-with-trailer spaces and 10 single spaces per ramp.

Five and five-tenths for 1,000 square feet of retail floor area.

Two per boat slip that includes charter fishing.

Interpretive centers and kiosks: five per building.

Fish cleaning stations: five per station.

Yacht club:

One per boat berth.

One per 50 square feet of floor area, plus one per employee on maximum shift.

Boat rentals: one per boat available for rent.

Business.

Retail use, 1,500 square feet gross floor area or less: one per 200 square feet of gross floor area.

Service station: one for each two gas pumps and three for each service bay.

Supermarket, grocery store or convenience store: one per 75 square feet of gross floor area but not fewer than three.

Nursery: one per 200 square feet of gross floor area of inside sales or display, plus one per employee on the largest shift.

Office: one per 200 square feet of floor area, plus one per two employees.

Restaurant (standard): one for each four persons of maximum capacity or one per table, plus one per employee on the largest shift.

Fast-food restaurant: one per 50 square feet of gross floor area, plus one per employee on the largest shift.

[10]

Taverns or nightclubs: one per 50 square feet of gross floor area, plus one per employee on the largest shift.

[11]

Mortuary, funeral home: at least 30 for two parlors, with 10 additional for each parlor over two.

[12]

Industrial.

Miniwarehouse: one per 20 storage cubicles.

Warehouse: one per 4,000 square feet of gross floor area, plus one per employee on the largest shift.

Industrial uses: one per employee on the largest shift, plus one per company vehicle regularly stored on the premises.

Wholesale establishment: one per employee, plus one per 700 square feet of patron serving area.

The design of all parking areas and/or lots shall be such as to demonstrate a safe and efficient means of movement for both vehicles and pedestrians.

Location of parking facilities.

Use of parking facilities.

Development and maintenance standards. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

Parking lines for parking spaces shall be established and maintained in the parking area and shall be properly painted and marked as such.

The owner and/or lessee of the property used for parking and/or loading shall maintain such area in good condition without holes and free from dust, trash and other debris.

All parking areas shall be provided with additional peripheral areas adequate for snow storage.

Landscaping and buffering requirements are subject to the restrictions in § 520-45.

§ 520-45 Landscaping and buffering.

General regulations. Buffer areas shall be provided as set forth below:

A buffer area of at least 25 feet in width shall be provided along the boundary line between any residential district and a C-NB District.

A buffer area of at least 50 feet in width shall be provided along the boundary of any residential or C-NB District and a C-GB or I District.

Such areas shall contain screen plantings of grass, trees, hedges, shrubs, etc., and may include earth berms of proper design to provide a visual and sound buffer between the different districts.

The buffer areas shall be inclusive of any building setback requirements that may be stated in this chapter.

Topsoil.

[Added 3-4-1992 by L.L. No. 2-1992[1]]

Depth of topsoil requirements. The minimum depth of topsoil required when the topsoil has been disturbed shall be as follows:

A minimum of five inches in yard and lawn areas.

A minimum of 12 inches in tillable field areas.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 520-46 Nonconforming uses and structures.

Nonconforming uses.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any use which was in violation of any previous zoning ordinances of the Town of Hamlin shall not be regarded as nonconforming under this chapter.

Nonconforming structures.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Nonconforming lot size, open space, height or building size regulations.

Maintenance. Nothing in this chapter shall prevent the renovation or repair of nonstructural members or the maintenance of a nonconforming structure made necessary by deterioration.

§ 520-47 Preexisting special use permits.

[Amended 2-10-1997 by L.L. No. 1-1997; 3-12-2001 by L.L. No. 1-2001[1]]

Any such specially permitted use which meets the terms and conditions of this chapter shall be considered as a permitted use and require no further action.

Any such specially permitted use which meets the definition of professional offices or home occupations shall apply to the Planning Board for a professional office/home occupation permit.

Any such specially permitted uses which are specially permitted uses under the terms and conditions of this chapter shall apply to the Planning Board for a special use permit.

A satisfactory certification from the Building Inspector.

A satisfactory certification from the Fire Marshal.

Absence of written complaints.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 520-48 Dumpsters.

§ 520-49 Airports.

[Amended 9-20-1994 by L.L. No. 3-1994]

§ 520-50 Gasoline stations.

The proposed use will not create a traffic hazard at the proposed location. To this end, a minimum frontage of 200 feet will be required on any road used for access to the station.

The applicant has, in writing, agreed to construct and operate such proposed station in strict accordance with such conditions and restrictions as may be imposed by the Planning Board.

All parking and outside storage shall comply with the front, side and rear lot setback requirements.

General regulations.

There shall be no outside storage or display of accessories when gasoline station facilities are not open for business.

During the hours that a gasoline station facility is open, all cars of employees, customers and tow trucks must be parked only in areas designated on the site plan for such vehicles.

All landscaped areas designated on the gasoline station facility site plan and/or landscaping plan must be maintained in a neat and healthy condition.

Liquids shall be stored in approved closed containers not exceeding 60 gallons' capacity or in tanks located in the ground.

No gasoline pump shall be located closer than 25 feet to any property line.

Outdoor lighting shall not cause glare or nuisance to adjoining uses.

Self-service gasoline stations.

All such operations shall comply with the National Fire Protection Association Code and those requirements of the Fire Marshal.

Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.

Instructions for the operation of pumps, hoses and dispensers shall be conspicuously posted.

§ 520-51 Storage and disposal of junk, refuse and other materials; clean fill.

[Amended 8-8-2005 by L.L. No. 6-2005]

Storage of junk. The outdoor storage of junk, as junk is defined in § 520-9B of this chapter, is not permitted in the Town of Hamlin.

Dumping of junk, refuse and other materials. Dumping of junk, refuse and other materials, except for clean fill specifically permitted herein, is prohibited in the Town of Hamlin.

§ 520-52 Visibility at intersections.

§ 520-53 Temporary uses or structures, concerts and other public gatherings.

[Amended 2-10-1997 by L.L. No. 1-1997]

Authorization.

Temporary uses or structures not otherwise permitted by code provisions may be permitted subject to the following restrictions:

The structure will not violate any applicable yard setbacks.

Any temporary use permitted must be capable of being removed within 15 days' notice if the zoning compliance certificate therefor is revoked.

The temporary use shall not be granted for more than one year, except that an additional one-year period may be granted for good cause shown.

A cash bond or letter of credit of not less than $100 nor more than $2,500 shall be given to the Town to guarantee termination of the temporary use.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Documentation from the Code Enforcement Officer that adequate arrangement for temporary sanitary facilities has been ensured must be provided.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No permanent or temporary lighting shall be installed without an electrical permit and inspection.

All uses shall be confined to the dates specified in the permit.

Hours of operation shall be confined to those specified in the permit.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Traffic control arrangements, required by the Town Building Inspector in the vicinity of major intersections, shall be arranged by the applicant.

A cash bond for a minimum of $100 and not to exceed $100,000 shall be posted with the Town to insure the repair of any damage resulting to any public right-of-way as a result of the event.

§ 520-54 Storage tanks.

[Amended 4-10-2023 by L.L. No. 4-2023]

§ 520-55 Sandy Creek piers, docks and wharves.

Permit.

Permits required.

All piers, docks and wharves on Sandy Creek shall require a dock permit and shall comply with the provisions of this section.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

General standards. The following requirements shall apply to all such structures in the Town of Hamlin:

Docks and piers shall at all times be maintained in accordance with the provisions of this section and in a sturdy, durable condition in conformity with standards.

Such structures shall not reduce stream navigability.

Such structures shall not infringe on the riparian rights of adjacent property owners.

Such structures shall not reduce stream navigability.

Such structures shall not infringe on the riparian rights of adjacent property owners.

All docks, piers and wharves shall have a minimum clearance of 10 feet from adjacent parcel lines.

The berthing of a boat, yacht or watercraft from any dock or pier shall be within the area allowed for location of such dock or pier.

All docks and piers shall have adequate lighting to prevent collision at night.

In the case of shore parcels bounding a substantially straight shoreline, docks and piers shall be located in the area fixed by projection of parcel lines at right angles from the shoreline.

All docks, wharves and piers shall conform to the maximum extent practicable with the policies of the Town of Hamlin's Local Waterfront Revitalization Plan.

There shall be no permanent structure located above the decks of piers, docks or wharves.

Applicability. This section shall apply to all docks, piers, structures or moorings now or hereafter existing in the waters bounding the Sandy Creek shoreline, except as follows:

Violations and penalties.

§ 520-56 Flood and erosion protection.

Editor's Note: See Art. 34 of the Environmental Conservation Law.

The design of the flood and erosion control structures shall minimize the potential adverse impacts to adjacent properties and to the Lake Ontario shoreline and to lake water quality.

The use of flood and erosion protection structures shall not interfere with the functioning of any wetland.

§ 520-57 Meteorological towers.

[Added 6-12-2006 by L.L. No. 6-2006]

No MET tower shall be installed or constructed until a special permit has been issued by the Planning Board and a building permit issued by the Building Inspector.[1]

Editor's Note: Original § 125-68A, defining MET tower, which immediately preceded this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All applications for special use permits for MET towers shall contain:

A zone of visibility map which shall be provided in order to determine locations from which the tower may be seen.

Analysis of the proposed cost to remove the tower.

A bond or letter of credit in an amount established by the Planning Board after consultation with the Town Engineer to ensure removal of the tower after the expiration of the term of the permit.

A detailed statement as to the meteorological data sought, the proposed purpose for such data, and a statement as to the maximum period the applicant requests the tower to remain in place.

Construction plans must indicate that the climbing apparatus, if any, of any MET tower shall be located at least 15 feet above ground level.

Payment of the fee established by the Town Board for MET towers.

The provisions set forth in § 520-67F, H, I and J of this chapter are not applicable to special use permits for MET towers.

General requirements for all special use permits for MET towers.

MET towers are permitted only in the R-VL (Residential/Very Low Density) Zoning District.

No MET tower shall exceed 199 feet in height.

The minimum setback for a MET tower from any boundary line or structure shall be the height of the tower plus 20 feet.

§ 520-57.1 Lighting, artificial.

[Added 9-27-2023 by L.L. No. 10-2023]

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

GLARE

Any artificial light which shines with a strong, steady or dazzling light.

LAND

Comprising not only buildings, but the ground, soil or earth as commonly understood.

STRUCTURE

Light sources facing neighboring property.

Lights directly facing a neighboring residential property or located in close proximity shall be shielded to keep direct glare from said property.

No sources of light shall be maintained or operated in connection with any building or land in any manner or by any process or method which transmits an objectionable glare on residential property.

In no instance will any glare be permitted if such glare originates from a light source facing any dwelling unit.

The light spillage on an adjacent property shall be less than 0.5 footcandle.

Nonconforming lights.

Any existing lights which do not conform to the regulations herein established shall be considered nonconforming lights.