Hartland Town City Zoning Code
ARTICLE V
Use Districts
§ 144-22 Establishment of districts.
For the purpose of promoting the public health, safety and welfare of the residents of the Town of Hartland, the Town is hereby divided into the following use districts:
A.
Agricultural Use District, which may be commonly referred to as an "A District."
B.
One-Family Residential Use District, which may be commonly referred to as an "R-1 District."
C.
One- and Two-Family Residential Use District, which may be commonly referred to as an "R-2 District."
D.
Multiple Family Residential Use District, which may be commonly referred to as an "R-3 District."
E.
Mobile Home Use District, which may be commonly referred to as an "MH District."
F.
General Business Use District, which may be commonly referred to as a "B District."
G.
Light Industrial Use District, which may be commonly referred to as an "I District."
H.
Recreational Use District, which may be commonly referred to as a "Rec District."
I.
Agriculture-Business Use District, which may be commonly referred to as an "AB District."
[Added 9-11-2014 by L.L. No. 3-2014]
§ 144-23 Establishment of subuse districts.
Recognizing that there are certain geographic features present in the Town of Hartland which traverse the use districts established by § 144-22, the following subuse districts are hereby established.
A.
Floodplain Subuse District, which may be commonly referred to as an "FP Subdistrict."
B.
Wetland Subuse District, which may be commonly referred to as a "WL Subdistrict."
§ 144-24 Zoning Map.
The use districts and subuse districts that are established by this chapter are shown on the Zoning Map of the Town of Hartland, adopted simultaneously with this chapter, certified by the Town Clerk and accompanying this chapter at the end.[1]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
§ 144-25 Interpretation of district boundaries.
Where district boundaries are indicated as approximately following or parallel to the center lines of highways or right-of-way lines, such center line or right-of-way shall be construed to be the boundary, and, if no distance is given, the dimension shall be determined by the Zoning Board of Appeals by use of the scale shown on the map. Where the boundary of any district follows a stream, the boundary shall be deemed to be the center of the stream bed.
§ 144-26 Regulations applicable to all districts.
Except as herein provided, no lot shall be occupied by more than one principal use and no building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations specified for the use district in which the property is located. Furthermore:
A.
No yard or other open space located about any structures for the purpose of complying with the provisions of this chapter shall be considered an open space for any other structure.
B.
Every principal structure shall be built on a lot, with frontage on a public street, improved to meet the specifications of the Town. Where a building lot has frontage on a street which has a proposed right-of-way widening, the front yard depth shall be measured from the proposed right-of-way. All yards, open space, off-street parking and required landscaping must be contained within the district in which the use is permitted, unless the Planning Board may otherwise authorize.
C.
An accessory building attached to a principal building shall comply in all respects with the yard requirements for the principal building. Detached accessory buildings shall be constructed to the rear of the front building line of the principal building, and, if constructed in a side yard, it shall conform to side yard requirements of this chapter.
D.
If a new lot is formed so as to include within its boundaries any former lot on which there is an existing structure, the subdivision must be carried out in such a manner so as not to infringe on the provisions of this chapter or the proposed structure or use.
E.
At the intersection of two or more roads, no hedge, fence or wall shall be permitted which is three feet above the level of the shoulder of the road. No obstruction to vision of any type shall be permitted in the triangular area formed by the intersecting street line and a line adjoining each, 30 feet distant from said intersection along said street line.
F.
Existing natural features such as trees, brooks, drainage channels and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
G.
No structure shall be built within 50 feet of the bed of any stream which carries water on an average of six months of the year.
H.
(Reserved)[1]
[1]
Editor's Note: Former Subsection H, regarding mobile homes and trailers, added 6-9-1994, was repealed 4-10-1997.
I.
No building utilized as a dwelling shall contain less than 1,000 square feet of floor area, exclusive of any basement, attic or attached garage.
[Added 6-9-1994]
J.
(Reserved)[2]
[2]
Editor's Note: Former Subsection J, regarding foundations, added 4-10-1997, was repealed 9-11-2014 by L.L. No. 2-2014.
K.
On any new construction, no dimension (depth, front to rear, or width, side to side) of any principal residence shall be less than 17 feet.
[Added 4-10-1997]
L.
The top of the foundation wall of every building shall be not less than 18 inches above the crown of the pavement of the road upon which the building fronts. Whenever there is no foundation, the measurement shall be from the first-floor level. Specifications submitted with building permit applications must show this elevation.
[Added 4-10-1997; amended 9-11-2014 by L.L. No. 2-2014]
M.
Whenever there is no full basement in a building, a meter pit as specified by the Building Inspector shall be constructed to house the water meter.
[Added 9-11-2014 by L.L. No. 2-2014]
§ 144-27 Agricultural Use District.
A.
Permitted principal uses. The following are permitted principal uses in the Agricultural Use District:
(1)
Single- and two-family dwellings.
(2)
Churches and other similar places of worship, parish houses, convents and other such facilities of recognized religious groups.
(3)
Municipal parks, playgrounds and recreation areas deemed necessary and appropriate by the Town Board.
(4)
Professional offices and home occupation uses, provided that they are carried on in conjunction with a residential use on the property.
(5)
Farms and related farming activities.
(6)
Public buildings, libraries and public and nonprofit private schools accredited by the State Education Department.
(7)
Offices and hospitals for the practice of veterinary medicine.
(8)
Churches.
(9)
Cemeteries.
B.
Permitted accessory uses. The following are permitted accessory uses in the Agricultural Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products, equipment or farm animals, located on the same parcel as the principal use.
(6)
Accessory buildings used exclusively for the sale of homegrown agricultural products may be constructed, upon approval of the Planning Board, following submission of an approved site plan showing:
(a)
That the application is for the use of the stand by the owner or tenant of the property in question.
(b)
That the stand will be located in a location which shall encourage safety and discourage traffic congestion. No portion of any stand or any attendant use of land shall be closer than 35 feet from the closest highway pavement edge. Parking space for no fewer than three cars shall be maintained in connection with any stand, in a manner easily discernible by an approaching motorist.
(c)
That trucks, trailers, tractors or other vehicles parked for the purpose of the sale or disposal to the general public of agricultural products shall be permitted only under the same limitations which apply to the use of accessory buildings for the sale of such products.
(7)
Signs in accordance with this chapter.
(8)
Parking in accordance with this chapter.
(9)
Public utility uses.
(10)
Camping grounds.
(11)
Excavation operations.
(12)
Cluster residential development.
(13)
Nursing and retirement homes.
(14)
Uses by special permit under Article VI.
§ 144-27.1 Agriculture-Business Use District.
[Added 9-11-2014 by L.L. No. 3-2014]
A.
All permitted principal and accessory uses in the Agricultural Use District are permitted as principal and accessory uses respectively in the Agriculture-Business Use District. Uses that are permitted upon obtaining a special use permit in the Agricultural Use District are also permitted upon obtaining a special use permit in the Agriculture-Business Use District.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AGRICULTURE-BUSINESS
A business located on the same premises as a working farm or on an adjacent premises with related ownership, and engaged in the promotion of agricultural tourism or agricultural entertainment.
WORKING FARM
A farm that is actively engaged in the raising of agricultural products, including crops, livestock, poultry or dairy products.
C.
Agriculture-Businesses. The following agriculture-businesses are permitted secondary uses where the principal use is a working farm:
(1)
Retail stores that sell agricultural-related merchandise.
(2)
Restaurants that incorporate and serve locally grown products.
(3)
Banquet halls.
(4)
Distilleries, breweries, and wineries that incorporate locally grown products.
(5)
Rustic lodges.
(6)
Petting zoos.
(7)
Activity centers.
(8)
Museums.
§ 144-28 One-Family Residential Use District.
A.
Permitted principal uses. Single-family dwellings are the only permitted uses.[1]
[1]
Editor's Note: See also Subsection D, which authorizes two-family dwellings in the One-Family Residential Use District under certain conditions.
B.
Permitted accessory uses. The following are permitted accessory uses in the One-Family Residential Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Home occupation uses, provided that they are carried on in conjunction with a residential use of the property.
(6)
Cluster residential development.
(7)
Parking in accordance with this chapter.
C.
Additional restrictions.
(1)
No accessory building may be erected or maintained in the One-Family Residential Use District, which occupies more than 25% of a rear or open yard area, exceeds 35 feet in height or is located within 10 feet of a principal building or other accessory building.
[Amended 6-9-1994]
(2)
Moreover, there shall be no open storage of boats, camping trailers, utility trailers, motorized camping vans or similar vehicles in the front yard area.
D.
Two-family dwellings may be permitted in the One-Family Residential Use District upon a permit issued after approval by the Zoning Board of Appeals and after recommendation made by the Planning Board to the Zoning Board of Appeals where the Zoning Board of Appeals finds the following criteria are met:
[Added 4-10-1997]
(1)
The two-family dwelling will not cause undue congestion in the neighborhood.
(2)
The area of the lot is sufficient to support a two-family dwelling without crowding.
(3)
There is sufficient off-street parking for not less than four vehicles.
(4)
The character of the neighborhood will not be adversely affected by the use.
§ 144-29 One- and Two-Family Residential Use District.
A.
Permitted principal uses. Single- and two-family dwellings, churches and cemeteries are the only permitted uses.
B.
Permitted accessory uses. The following are permitted accessory uses in the One- and Two-Family Residential Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Home occupation uses, provided that they are carried on in conjunction with a residential use of the property.
(6)
Cluster residential development.
(7)
Parking in accordance with this chapter.
C.
Additional restrictions.
(1)
No accessory building may be erected or maintained in the One- and Two-Family Residential Use District, which occupies more than 25% of a rear or open yard area, exceeds 35 feet in height or is located within 10 feet of a principal building or other accessory building.
[Amended 6-9-1994]
(2)
Moreover, there shall be no open storage of boats, camping trailers, utility trailers, motorized camping vans or similar vehicles in the front yard area.
§ 144-30 Multiple-Family Residential Use District.
A.
Permitted principal uses. Single- and two-family dwellings, rooming houses, nursing homes, retirement homes, multifamily dwellings, churches and cemeteries are the only permitted uses.
B.
Permitted accessory uses. The following are permitted accessory uses in the Multiple-Family Residential Use District:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Home occupation uses, provided that they are carried on in conjunction with a residential use of the property.
(6)
Cluster residential development.
(7)
Parking in accordance with this chapter.
C.
Additional restrictions.
(1)
No accessory building may be erected or maintained in the one-family and two-family residential use district which occupies more than 25% of a rear or open yard area, exceeds 35 feet in height or is located within 10 feet of a principal building or other accessory building.
[Amended 6-9-1994]
(2)
Moreover, there shall be no open storage of boats, camping trailers, utility trailers, motorized camping vans or similar vehicles in the front yard area.
D.
Additional requirements applicable to multifamily dwellings. Multifamily dwellings, also known as "apartments," shall be subject to the following additional restrictions:
(1)
Apartment structures shall not exceed a density of eight dwelling units per net acre of lot (area minus street).
(2)
Driveways for ingress and egress for apartment developments shall connect with other than major streets; whenever possible, shall not be located within 200 feet of an existing street intersection; and shall have a pavement width of at least 22 feet, except where there is an on-street parking area, in which case, they shall not be less than 25 feet in width.
(3)
The minimum yard requirements of the schedule apply only to the entire tract, and no building shall be located within such yard areas. The minimum distance between buildings in an apartment development shall be 25 feet, except that no wall containing an entrance to an apartment shall be closer to another apartment building than 50 feet. No apartment building shall be closer to a preexisting single-family or two-family lot than 50 feet.
(4)
Parking areas may be located in any yard other than the required front yard, but not closer than 10 feet to any property line, and shall comply with all of the requirements of the regulations applicable to all zones in this chapter. Where off-street parking areas or accessways abut residential zones, a planted buffer strip at least 10 feet wide shall be provided between the parking area or accessways and the adjoining property, maintained with two staggered rows of evergreen shrubs.
(5)
Every apartment building shall have a minimum setback of 10 feet from all interior roads, driveways and parking areas.
(6)
Every apartment development shall be provided with garbage and refuse storage and collection areas enclosed and screened from view and away from the front of apartment buildings.
(7)
In addition to any storage area within individual apartment dwelling units, 200 cubic feet of storage area shall be provided for each dwelling unit in a convenient, centrally located area in the basement or ground floor or elsewhere, where personal belongings and effects may be stored under lock and separated from the belongings and effects of other occupants.
(8)
The wall for an apartment structure or parallel walls of adjacent apartment structures shall not continue in the same place for a length of more than 75 feet without an offset of at least four feet.
(9)
Each apartment development shall provide a playground area or areas in a standard of 500 square feet for each eight dwelling units. Outdoor play equipment shall be installed and maintained in each playground in a sufficient amount and variety to service the occupants of the development.
(10)
The entire area of an apartment development not improved for driveways, parking areas or covered by buildings or walkways shall be attractively landscaped and seeded and properly maintained at all times.
E.
Additional requirements for nursing and retirement homes. Before issuing any permit for the construction or alteration of a nursing or retirement home, the Planning Board shall review the conformity of the proposal with the goals, objectives and contents of the Comprehensive Plan and with recognized principles of community development, land-use planning and civic design. The Planning Board may approve the proposal as submitted or, before approval, may require that the applicant modify, alter, adjust or amend the proposal as the Board deems necessary, to the end that it preserves the intent and purpose of this chapter to promote public health, safety and general welfare. The proposal, as approved by the Planning Board, shall then be reported to the Zoning Board of Appeals, whereupon the Zoning Board of Appeals may, after notice and public hearing, approve or disapprove said proposal in accordance with the intent and purpose of this chapter.
§ 144-31 Mobile Home Use District.
A.
Permitted principal uses. Mobile homes and mobile home courts are the only permitted uses in the Mobile Home Use District.
B.
There are no permitted accessory uses.
C.
Definitions. The following additional definitions shall apply in the interpretation of this section.
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the mobile home and which is attached thereto or located on the same mobile-home lot. Accessory structures include, but are not limited to, portable, demountable or permanent enclosures, shade structures and carpets.
COMMUNITY AREA
An area or space within a mobile home court, including fences, walls and other minor structures, which is designated for the joint use of the occupants or restricted to nonresidential use.
COMMUNITY STRUCTURE
A structure within a mobile home court providing laundry, toilet, recreation, parking or other common facilities, including the management office and storage buildings.
HABITABLE SPACE
Space used for living, sleeping, eating or cooking purposes, excluding kitchenettes, bathrooms, toilet rooms, storage spaces and enclosures for equipment installations.
MECHANICAL SYSTEMS AND EQUIPMENT
Mobile homes' electrical, plumbing, heating, ventilating, air-conditioning systems and equipment used for living purposes, including cooking and refrigeration equipment.
MOBILE HOME COURT
A parcel of land which has been planned and improved for the placement of two or more mobile homes.
MOBILE HOME LOT
A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home.
MOBILE HOME STAND
That part of an individual mobile home lot which has been reserved for the placement of a mobile home.
NATURAL OR ARTIFICIAL BARRIER
Any river, pond or canal, at least 200 feet in width, or a railroad embankment or any other barrier which, in the opinion of the Planning Board, is comparable in effect to a two-hundred-foot space requirement.
TRAILER (TRAVEL OR VACATION)
A movable living unit equipped with a chassis but lacking any of the following mechanical equipment; plumbing, heating, electrical, cooking and refrigeration. See mobile home.
D.
Restrictions on parking. No person shall store, park or otherwise locate a mobile home, except in an authorized mobile home park, for a period of more than 72 hours. No occupied travel or vacation trailer or other form of temporary type of living units shall be permitted in a mobile home court for more than three months in any year.
E.
Mobile home courts. The following shall apply to all mobile home courts:
(1)
The size of all mobile home courts shall be a minimum of 25 acres, provided that the location and construction of such court is approved by the Planning Board and the Town Board of the Town of Hartland.
(2)
All mobile home courts containing 10 or more mobile home lots shall have access from two points along a single public street or highway, or, if bordering on two streets, access can be one for each street, such access points being separated by at least 100 feet.
(3)
Each mobile home court shall have frontage on an existing public highway equal to not less than 80% of the maximum dimension of the court measured parallel to such highway. In the event that a court is located at the intersection of two highways, this frontage is applicable to one of the highways, and the frontage on the second shall be equal to at least 35% of the maximum dimension of the court, as measured parallel to the second highway.
(4)
There shall be provided a buffer area between the right-of-way line of adjacent public highways and any portion of a mobile home lot of at least 100 feet. There shall also be provided between any portion of a mobile home and the boundary of the mobile home court a distance of at least 60 feet. Such buffer areas shall be primarily clear of obstruction, other than trees and other natural landscape material, and shall not be used for any aboveground structures.
(5)
The layout of interior roadways or driveways shall be such that no block is longer than 500 feet; provided, however, that this may be extended to 750 feet if an interior walkway is provided for pedestrian access across the center of the block.
(6)
All streets shall have a minimum width of 40 feet, which is completely clear of obstructions to a height of 12 feet. Culs-de-sac shall be provided in lieu of closed-end streets, with turnarounds having outside roadway diameters of at least 90 feet.
(7)
The maximum street grade shall be 7%. Entrance gradients shall be less than 3% for a distance of 75 feet from the edge of the right-of-way of the public highway.
(8)
The minimum radius of curvature for any street shall be 100 feet.
(9)
Streets shall be laid out so as to intersect as nearly as possible at right angles, and in no case shall any angle or intersection be less than 75°.
(10)
Street or driveway pavement shall be located in the center of the street clear zone. If parking provision is made within the street, such parking area may be off the pavement, and the clear zone (street width) shall be increased proportionately to provide therefor. If parking provision is made, in parking areas for three or more vehicles, in nodes throughout the court, such areas shall be located off the pavement considered to be the street or driveway and in such a manner as not to encroach upon the area considered to be the mobile home lot. Provision shall be made for the parking of three motor vehicles for each two mobile home lots.
(11)
Central auxiliary parking areas shall be provided, at a ratio of 200 square feet per mobile home lot, in a location which is not contiguous with the lot services, such area being screened from lots and public highways by a coniferous hedge or other effective vegetation. Auxiliary parking areas are to be provided for parking trucks, maintenance equipment, boat trailers, utility trailers, incapacitated or unregistered vehicles and such similar equipment and vehicles.
(12)
All lots shall be rectangular or trapezoidal unless otherwise approved by the Town Planning Board as meeting all other requirements of this chapter.
(13)
All lots shall be a minimum of 7,000 square feet if rectangular or trapezoidal and shall have a minimum width of 60 feet. In the case where unique and unusual lot designs are submitted for approval, and all other minimum distance requirements are met, the minimum lot size may be reduced to 5,000 square feet, provided that the density of mobile home units shall not exceed 6.2 dwelling units per net acre.
(14)
Corner lots shall be 1 1/2 times the width and area of regular lots. If a street makes a turn of 90°, the lot on the inside shall be considered a corner lot and the lots on the outside shall be considered radial lots, wherein the width shall be measured at the distance of 10 feet from the street line.
(15)
Double frontage lots shall not be permitted. If there is a situation where only one mobile home can be located between streets, then a buffer strip of at least 10 feet shall be created and suitably planted.
(16)
Walkways shall be laid out so as to connect all patios with the street and connect service buildings, dry yards and storage lockers with streets. Walkways shall also provide access to recreation areas if such areas are not located adjacent to a street. Additional walkways may also be placed along the rear of each lot.
(17)
Recreation space shall be provided in a central location and at a ratio of 300 feet per lot. Such space shall be enclosed with shrubs or evergreen hedges placed not farther than 10 feet apart nor higher than four feet.
(18)
If public telephones are provided within the court, they shall be located directly adjacent to service buildings.
(19)
Mailboxes shall be located at a location suitable to the local post office, but shall not be placed in any location where they constitute a safety hazard to pedestrians or to vehicles.
(20)
All existing trees shall be preserved insofar as possible in the design of the court.
F.
Siting of mobile homes.
(1)
The following minimum distances shall be maintained when providing specific locations of mobile homes as related to each other within the court.
(a)
Laterally (the side of one mobile home facing the side of the next): 15 feet.
(b)
Longitudinally (the end of one mobile home facing the end of another): 15 feet.
(c)
Perpendicularly (the end of one mobile home facing the side of another): 20 feet.
(d)
In cases of nonrectangular or nontrapezoidal designs, these minimum distances may be reduced if the final configuration of mobile homes does not interfere with the provision of space for patios, walkways or storage; but in no case shall two mobile homes be closer than 15 feet from each other.
(2)
The following minimum distances shall be maintained when providing specific locations of mobile homes within the court and with respect to service or storage buildings:
(a)
Laterally (the side of one mobile home and a building): 25 feet.
(b)
Longitudinally (the end of one mobile home and a building): 15 feet.
(3)
The minimum setback from the street line (the clear zone rather than the pavement) shall be 10 feet. The maximum setback shall be five feet, in addition to the minimum established by the owner of the court.
(4)
The minimum distance between a mobile home and a parking space for motor vehicles shall be 10 feet.
G.
Required improvements. The following improvements are required in all mobile home courts:
(1)
All water supply systems shall be installed as per plans approved by the Town Water Commissioner, and New York State Department of Health and/or the Niagara County Health Department. Such systems shall be designed to provide a sufficient supply of potable water, under adequate pressure, to outlets servicing mobile homes, community structures, drinking fountains, hose connections, hydrants and so on.
(a)
Each mobile home lot shall be supplied with potable water from the approved water supply system by a pipe of at least 3/4 inch inside diameter to a cold-water tap at least four inches above the ground, with 30 pounds' pressure maintained at the outlet throughout the entire year. The water supply connection shall be located a safe distance from the sanitary drainage connection and shall not be subject to surface drainage. Means shall be provided for a suitable watertight connection, without cross-connection and danger of freezing.
(b)
An adequate supply of hot and cold water shall be provided at all times in service buildings which provide washing and laundry facilities.
(2)
Sewers.
(a)
All sewage disposal systems shall be installed in accordance with plans approved by a consulting engineer retained by the Town Board and/or the Niagara County Health Department. Such systems shall provide each mobile home and community structure containing plumbing fixtures with an adequate and safe method of sewage disposal. Waste from all sanitation and washing facilities, including washing machines at any location within the mobile home court, shall be discharged into a duly approved public sewage disposal system.
(b)
Each mobile home lot shall, at a proper location relative to the mobile home, be provided with a trapped sewer of at least four inches in diameter, and piping shall have a continuous grade to the point of disposal in an approved public or private sewage disposal system. Such sewer shall have an airtight connection with all outfall pipes of any mobile home harbored on that lot. These connections shall be fitted with an airtight cover during periods of nonuse.
(3)
The electrical system shall be designed to provide adequate capacity to supply the connected load without exceeding the allowable current-carrying capacity of the conductors. Each mobile home lot shall be provided with a conductor and terminal capable of carrying a minimum current of 150 amperes.
(a)
An electrical connection receptacle or terminal box of an approved weatherproof type shall be provided at each mobile home lot. The receptacle shall be of the polarized type with grounding conductors and shall have a four-prong attachment for 115/220 volts.
(b)
Artificial lighting shall be provided to illuminate walks, driveways and parking spaces for the safe movement of pedestrians and vehicles at night, Specifically, streetlighting standards shall be provided as follows:
[1]
Overhead streetlighting standards shall be placed no farther than 100 feet apart, have a minimum clearance above the pavement of 12 feet and shall have a capacity of 100 watts.
[2]
Alternate side streetlighting (post lamps) shall be placed not farther than 60 feet apart, as measured along the center line of the street [120 feet on one side of the street], have a minimum height of four feet and a maximum height of seven feet and shall have a capacity of 60 watts.
[3]
Service buildings shall have sufficient exterior lighting fixtures so as to properly illuminate entrances and drying yards connected therewith.
[4]
Streets and service buildings shall be illuminated during all hours of darkness and according to the following schedule:
Streets | Dark to 11:00 p.m. (watts) | 11:00 p.m. to Dawn (watts) |
|---|---|---|
Overhead | 100 | 40 |
Side lights | 60 | 25 |
Service Buildings | ||
Entrances | 50 | none |
[5]
All wires shall be located underground.
(4)
All gas piping systems, if installed, shall be designed to provide a supply of gas sufficient to meet the maximum demand without undue loss of pressure at the connection to the mobile home farthest from the source of supply. Gas connections shall provide a suitable gastight connection to the mobile home.
(5)
Each mobile home lot shall be provided with at least one twenty-gallon metal garbage can with a tight-fitting cover. The cans shall be kept in a sanitary condition at all times. It shall be the responsibility of the court owner to ensure that garbage and rubbish shall be collected and properly disposed of outside of the mobile home court as frequently as may be necessary to ensure that garbage cans do not overflow. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.
(6)
A mobile home court shall be provided with facilities for the safe and efficient storage of required fuels. Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home, structure, building and lot line and shall not be subject to damage from moving vehicles. Fuel oil and other flammable materials shall be stored so as not to be a fire hazard.
(7)
All streets within the court shall be paved with concrete, blacktop or macadam for the minimum width of 20 feet, in accordance with specifications effective for similar development in the balance of the Town, if such specifications are drawn, or, in absence of Town specifications, as per specifications approved by the Town Superintendent of Highways.
(8)
Areas for motor vehicle parking may be surfaced with uniform-sized gravel or crushed stone, to a minimum depth of eight inches, in the absence of fully hard or penetrated surface paving.
(9)
All walkways shall be a minimum width of three feet and thickness of four inches and shall be provided with joints so designed as to minimize cracking. All walkways shall be made of concrete or blacktop or other similar material.
(10)
Each mobile home lot shall contain a mobile home stand capable of containing a mobile home in a fixed position. The mobile home stand shall be concrete at least six inches in thickness. The elevation, distance and angle of the mobile home stand in relation to the accessway shall be such as to facilitate the safe and efficient placement and removal of the mobile home.
(11)
All mobile home lots shall be provided with patios constructed of concrete or blacktop and shall be a minimum size of eight feet by 20 feet and four inches in depth. Patios shall be located so as to provide safe and easy access from the mobile home.
(12)
Mobile home courts shall have adequate facilities for drainage of surface and subsurface water. The entire mobile home court shall be graded to facilitate the safe and efficient drainage of surface water and to permit no ponding areas where water will stand for lengths of time so as to constitute a health or other hazard. Drainage ditches shall be provided where necessary to provide for the removal of surface drainage. These ditches shall be provided in such a way as not to constitute a hazard to pedestrians. Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary and shall be of a size specified by the Town Planning Board.
(13)
Storage lockers shall be provided at a minimum ratio of 100 cubic feet per mobile home lot and shall be located no farther than 100 feet from the lot which they serve. They shall be of waterproof construction on all surfaces, including the base. Such lockers may be provided in clusters or as individual structures on each mobile home lot.
(14)
Landscaping shall be provided as specified by the Town Planning Board.
(15)
Property line monuments shall be provided at all corners of the mobile home court. The monuments shall be of material and size approved by the Planning Board.
H.
Service buildings. Service buildings shall be located in such a way as to prohibit primary access directly adjacent to a mobile home lot. If such buildings contain laundry facilities, they shall be so located no farther than 400 feet from any mobile home lot which they serve.
(1)
Service buildings housing sanitation and laundry facilities or any other facilities shall be permanent structures complying with the New York State Building Code, the New York State Sanitary Code and/or all other applicable ordinances and statutes regulating buildings, electrical insulations and plumbing and sanitation systems.
(2)
The service buildings shall be well lighted at all times from dawn to 11:00 p.m. and capable of being well lighted between 11:00 p.m. and dawn, shall be well ventilated with screened openings, shall be constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least 60° F. during the period from October 1 to June 1. The floors of such buildings shall be of water-impervious materials and supplied with drains.
I.
Laundry facilities. Laundry facilities may be provided by the owner of the mobile home court. If such facilities are provided, they shall be located in a separate service building and shall provide for one single laundry tray and one automatic or semi-automatic-type operable washing machine for each 10 mobile homes or fractional number thereof. An ample number of individually fused and grounded electrical outlets shall be provided supplying current sufficient to operate each washing machine. Installation of such outlets shall be in accordance with all other Town regulations applying thereto.
J.
Fire protection and control. Every mobile home court shall be equipped at all times with fire equipment in good working order, in conformance with those standards duly adopted as applicable in the fire district within which the court is located. Fire protection equipment shall be provided as approved by the Town Fire Department.
(1)
No open fires shall be permitted at any place within the court which may endanger life or property.
(2)
No fires shall be left unattended at any time.[1]
[1]
Editor's Note: Original Sections 559.1, 559.2, 559.3 and 559.4, which immediately followed this section and provided for licensing and permits for mobile home courts, were repealed 2-24-1983.
§ 144-32 General Business Use District.
A.
Permitted principal uses. Retail business establishments which are clearly of a community service character and dispense a service or merchandise are the only permitted uses in the General Business District.
B.
Permitted accessory uses. The following are permitted accessory uses in the General Business Use District:
(1)
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
(2)
Dwelling units, accessory to the principal business use, provided that they are located in the principal building and comply with the area and yard requirements of the R-3 District, except side yard requirements which shall be waived when the dwelling unit is above the first floor and the first floor is used commercially.
(3)
Signs in accordance with this chapter.
(4)
Parking in accordance with this chapter.
(5)
Public utility uses, except maintenance and storage yards.
C.
Additional restrictions. The following additional restrictions shall apply to structures and uses in the business district:
(1)
No goods shall be displayed for sale purposes nor shall coin-operated vending machines of any type be placed in any location which would infringe upon the required yard area specified in this chapter.
(2)
No business use shall occupy any part of the lot within 50 feet of any R District.
(3)
Truck loading and unloading facilities shall be provided on the property to permit the transfer of goods in other than the front yards or public street. A planted buffer strip shall be required where such loading area abuts any residential district and shall consist of a staggered row of compact evergreen shrubs not less than three feet in height in an area not less than 10 feet in width.
(4)
Where off-street parking areas or accessways abut residential zones, a planted buffer strip at least 10 feet wide shall be provided between the parking area or accessways in the adjoining property, maintained with two staggered rows of evergreen shrubs.
(5)
Where the frontage on one side of the street is zoned partly residential and partly business, the front yard depth in the B District in such block frontage shall be equal to the required front yard depth of the residential district for a distance of 50 feet into the B District.
(6)
Where a lot in a B District abuts a lot in any residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required for the adjacent yard in said residential district.
D.
Additional requirements applicable to motor vehicle service stations.
(1)
The entire area of the site traveled by motor vehicles shall be hard surfaced.
(2)
All fuel pumps shall be located at least 20 feet from any street or property line, and, in addition to such other signs as are permitted by this chapter, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and the principal products sold on the premises, including company or brand name, insignia or emblem, provided that such sign shall not exceed 40 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet nor more than 25 feet above the ground. A service station may also exhibit one temporary sign, located no less than 10 feet inside the property line, specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.
E.
Uses permitted with special use permit.
[Added 2-9-2023 by L.L. No. 1-2023]
(1)
Retail sale of mulch, soil, and stone.
§ 144-33 Light Industrial Use District.
A.
Permitted principal uses.
(1)
Any use of a light industrial nature is permitted, which involves only the manufacture, processing, assembly, packaging or storage of previously refined materials, provided that at no time will such use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, objectionable noise, glare or vibration.
(b)
A hazard of fire or explosion or chemical or nuclear pollution or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site or to any person working on the site or working or living adjacent thereto.
(2)
Also permitted in the Light Industrial Use District are office buildings for executive, engineering and administrative purposes; scientific or research laboratories devoted to research, design and/or experimentation in processing and fabricating incidental thereto; the warehousing and/or storage of goods and products, such as building materials, farm supplies and the like, which may be stored or sold from the premises to the general public.
B.
Permitted accessory uses. The following are the permitted accessory uses in the Light Industrial Use District:
(1)
Private garages and storage buildings which are necessary to store any vehicle, equipment or materials on the premises.
(2)
Signs in accordance with this chapter.
(3)
Parking in accordance with this chapter.
C.
Additional restrictions.
(1)
All industrial processes shall take place within an enclosed building.
(2)
Incidental storage of materials out of doors shall be permitted.
(3)
Industrial uses shall be located so as to be a minimum of 50 feet from any property line abutting a nonindustrial district. This fifty-foot buffer strip shall be perpetually maintained with plantings to provide a visual screen between the industrial use and the adjoining nonindustrial use.
§ 144-34 Recreational Use District.
A.
Permitted principal uses. Theaters, playhouses, amusement parks, arcades, camping grounds, playgrounds and athletic fields are the only permitted uses.
B.
Permitted accessory uses. The following are permitted accessory uses in the Recreational Use District:
(1)
Administration buildings.
(2)
Recreation halls.
(3)
Customary recreation structures such as swimming pools, rest rooms, showers, on-site refreshment stands, laundries and stores, which are designed to serve only those people using the recreation facilities.
C.
Additional restrictions. No structure, permanent or temporary, shall be erected, established or maintained in the Recreational Use District until the same has been approved by the Planning Board, the New York State Department of Health and/or the Niagara County Health Department.
§ 144-35 Floodplain Subuse District.
Recognizing that certain areas of the Town of Hartland are subject to a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, swamps or other inland areas of water, additional use restrictions are placed on such areas in order to comply with the National Flood Insurance Program, as administered by the Department of Housing and Urban Development, Federal Insurance Administration.
A.
Notwithstanding anything contained in this chapter, the following are the only permitted uses in the Floodplain Subuse District:
(1)
Farming and the sale of agricultural products grown, raised or produced on the premises.
(2)
Open recreation uses such as parks, playgrounds, riding instruction and academies, golf courses, swimming clubs, driving ranges and tennis clubs, but not including such intensive commercial recreation uses as a racetrack or amusement park.
(3)
Wildlife, game and forest preserves.
(4)
Off-street parking areas, provided that no overnight parking is permitted.
(5)
Lawns, gardens and play areas.
(6)
Historic, scientific and scenic area preservation.
(7)
Uses by special permit under Article VI.
B.
The following special provisions shall be applicable in the Floodplain Subuse District:
(1)
No structure (temporary or permanent), built for any purpose; deposit; obstruction; storage of materials or equipment; or other uses shall be permitted which, acting alone or in combination with existing or future uses, will unduly affect the efficiency or the capacity of the floodway or unduly increase flood heights, cause increased velocities or obstruct or otherwise catch or collect debris which will obstruct flow under flood conditions.
(2)
Structures shall not be used for human habitation, shall have a low flood-damage potential, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters (i.e., longitudinal axis parallel to the direction of flood flow and placed approximately on the same flood flow lines as those of adjoining structures) and shall be firmly anchored to prevent flotation which may result in damage to other structures, restrictions of bridge openings and other narrowing of the stream or river. Service facilities, such as electrical and heating equipment, shall be constructed at or above the flood-protection elevation for the particular area or shall be floodproofed.
(3)
In making any request for a special use permit, the applicant shall submit a plan certified by a registered professional engineer that the floodproofing measures are consistent with the flood-protection elevation and associated flood factors for the particular area. Floodproofing measures may be required for all buildings and structures, other than those which have a low-flood-damage potential. Such measures may include the following, where appropriate:
(a)
Anchorage to resist flotation and lateral movement.
(b)
Reinforcement of walls to resist water pressure.
(c)
Installation of watertight doors, bulkheads and shutters.
(d)
Use of paints, membranes or mortars to reduce seepage of water through walls.
(e)
Addition of mass or weight to resist flotation.
(f)
Installation of pumps to lower water levels in structures.
(g)
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
(h)
Pumping facilities to relieve hydrostatic water pressure on external walls and basement floors.
(i)
Elimination of gravity flow drains.
(j)
Construction to resist rupture or collapse caused by water pressure or floating debris.
(k)
Elevation of structures to or above the necessary flood-protection elevation.
§ 144-36 Wetland Subuse District.
Recognizing the necessity to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom; to prevent the despoliation and destruction of freshwater wetlands; to regulate use and development of such wetlands; and to secure the natural benefits of freshwater wetlands consistent with the general welfare and beneficial economic, social and agricultural development of the Town of Hartland, additional use restrictions are placed on such area pursuant to Article 24 of the Environmental Conservation Law.
A.
Notwithstanding anything contained in this chapter, farming is the only use to which a wetland may be put without a special use permit.
B.
A special use permit shall be required before anyone may drain, dredge, excavate or remove soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland, either directly or indirectly; conduct any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly; erect any structure, road, driving of pilings or placing of any other obstructions, whether or not changing the even flow of the water; contribute any form of pollution, including but not limited to installing a septic tank, running a sewer outfall, discharging sewage treatment or effluent or other liquid waste into, or so as to drain into, a freshwater wetland; or conduct any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in Article 24 of the Environmental Conservation Law.