Hartland Town City Zoning Code
ARTICLE VI
Special Uses
§ 144-37 Special use permit required.
[Amended 12-8-2005 by L.L. No. 2-2005]
The uses set forth in this article may be permitted in the use district specified for each use, provided that a special use permit is obtained from the Planning Board under the terms and conditions specified in this chapter.
§ 144-38 Public utilities.
Public utility uses, such as dial equipment centers, telephone and electrical substations, bus stops and stations and railroads, but no service or storage yards, may be permitted in any district with a special use permit. No special use permit shall be issued unless it is determined that:
A.
The proposed installation in the specific location requested is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B.
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C.
Adequate and attractive fences and other safety devices will be provided.
D.
A buffer strip 10 feet in width shall be provided around the perimeter of the property.
E.
Adequate off-street parking shall be provided.
F.
All of the area, yard and building coverage requirements of the respective zone will be met.
§ 144-39 Camping grounds.
[Amended 12-8-2005 by L.L. No. 2-2005]
Camping grounds may be permitted in any district with a special use permit. No use permit shall be issued unless the Planning Board shall determine that:
A.
The camp is located on a well-drained site, suitable for the purpose, with an adequate entrance road at least 20 feet wide.
B.
Trailer lots shall have an area not less than 2,400 square feet, with a minimum width of 40 feet and a minimum depth of 60 feet.
C.
No house trailer shall be located within 100 feet of any highway or street line nor within 50 feet of any adjacent property line. Each house trailer shall have an entrance platform of concrete construction to conform with the overall plan.
D.
Each camp shall provide sanitary conveniences, such as toilets, wash rooms and laundries, and services and utilities, including water supply, sewage disposal, lighting, garbage disposal and incinerator, as approved by the Niagara County Health Department.
E.
Playground areas shall be provided and shall be restricted to such use. These areas shall be protected from the main highway and from parking areas. A minimum of 100 square feet per camping space shall be made available in one or more places for such playground areas.
F.
In no event shall any camp space be occupied continuously for more than six months, and each space shall remain unoccupied for at least three months of each year.
§ 144-40 Excavation of earth products; ponds.
[Added 12-8-2005 by L.L. No. 2-2005[1]]
A.
Excavation of earth products.
(1)
Mining is prohibited in the Town of Hartland. No person shall strip, excavate, mine or otherwise remove, in any use district, soil, gravel, fill, or an earth product from the soil, except as required for the construction or alteration of buildings, structures, roads or infrastructures on the premises, and excavation and/or grading incidental thereto, or the construction of ponds in conformance with Subsection B.
(2)
No such materials shall be removed from the premises, provided that where an approved residential, commercial or industrial building or development, other than the construction of ponds, requires more soil removal than can be utilized on or integrated into the premises or the subdivision in which it is located, as determined by the Planning Board, soil may be trucked off site after all requirements of the site are met. No such material shall be removed for sale or resale.
B.
Regulations and restrictions applying to ponds.
(1)
Restrictions. No pond shall be constructed in the Town of Hartland except in conformance with this section and after obtaining a special use permit in accordance with the provisions of this section and such additional requirements as shall be determined by the Planning Board.
(2)
Definitions. As used herein, the following terms shall have the meanings indicated:
POND
Any man-made body of water, with a surface area greater than 100 square feet and/or a depth of more than 18 inches, except:
(a)
Concrete or prefabricated swimming pools;
(b)
Prefabricated or concrete decorative basins less than 18 inches in depth;
(c)
Drainage retention or detention ponds specified, necessary solely for drainage purposes, designed and/or approved as part of an approved site plan or subdivision development or otherwise mandated by the Town of Hartland.
(3)
Districts where allowed. Ponds shall be constructed only in A (Agricultural), R-1 (One-Family Residential), and REC (Recreational) Districts.
(4)
Dimensional requirements; restrictions.
(a)
Ponds may not be closer than 200 feet to any road right-of-way.
(b)
Ponds shall not be closer than 100 feet to any property line.
(c)
Ponds shall not be closer than 100 feet to any residential building.
(d)
No pond shall be constructed in excess of two acres.
(e)
No earth materials shall be removed from the premises on which the pond is constructed.
(5)
Design standards; procedure.
(a)
No pond shall be constructed without site plan approval by the Planning Board.
(b)
All new ponds shall conform to the requirements of the Soil Conservation Service (SCS) of the United States Department of Agriculture or its successor agency.
(c)
The pond shall be designed by the SCS or by a licensed professional engineer.
(d)
The site plan application shall be to scale and shall be accompanied by a pond design report meeting the following requirements:
[1]
The report shall include site soil types and groundwater levels.
[2]
The site plan shall reference SCS standards.
[3]
The site plan shall indicate how the pond will maintain appropriate water depths.
[4]
The site plan shall show any inflow or outflow piping/ditches and the location of any ditches, swales or watercourses on the site and shall detail side slopes.
[5]
Any other information required by the Planning Board shall be included.
(e)
No pond may adversely interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.
(6)
Maintenance. All ponds shall be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito breeding and similar conditions.
(7)
Earth material excavated for the construction of a pond that cannot be utilized on or integrated into the premises in which it is located, as determined by the Planning Board, may be trucked off site to another premises located within the Town of Hartland or within one mile of said pond upon specific authorization by the Planning Board. Notwithstanding the above, no such material shall be removed for sale or resale.
[Added 3-12-2015 by L.L. No. 2-2015]
C.
The provisions of this § 144-40 shall not apply to premises used solely to supply earth material to the Town of Hartland for Town purposes.
[1]
Editor's Note: This local law also repealed former § 144-40. Commercial excavation operations, as amended.
§ 144-41 Echo uses.
[Added 12-8-2005 by L.L. No. 2-2005[1]]
A.
Findings. The Town Board of the Town of Hartland makes the following findings:
(1)
An aging population, with extended life expectancy, the rural nature of the Town of Hartland and the high cost of custodial or semicustodial care and of adult-care residences, as well as the shortage of appropriate housing for senior citizens with some disabilities or infirmities in the Town of Hartland, and the need for family support and proximity for aging parents, cause a need for alternative forms of living for elderly parents of residents of the Town of Hartland.
(2)
Some, but not all, properties in the Town of Hartland are so located, and contain sufficient area, to allow for the establishment of temporary second residences in the Town on the same lot as the principal residence, without unduly interfering with the nature and character of the neighborhood in which they are located or with the value, use and enjoyment of the neighboring or nearby properties, for parents of the owners of said premises.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ECHO RESIDENCE
A second residence located on a lot as an accessory building occupied by a parent or grandparent of the lot owner, where the lot owner or the lot owner's spouse is the occupant of the principal residence on said lot.
C.
Permits. The Planning Board may permit as a special use an echo residence in an R-1, R-2, R-3 or A District upon such terms and conditions as the Planning Board may deem appropriate, only where the parent or grandparent is over the age of 60 and the Planning Board finds that said parent or grandparent for medical reasons is in need of some assistance in living and should be in close proximity to his or her children. The applicant must submit medical evidence sufficient to establish this criteria in such form as the Planning Board may deem appropriate.
D.
Permit renewal; termination of permit.
(1)
Said residence may continue upon annual renewal for so long as the conditions at the time of the application continue and the other criteria of this section are satisfied.
(2)
The special permit shall immediately terminate on the happening of the following:
(a)
The death of the occupant of the echo residence.
(b)
The absence of the occupant of the echo residence for a period of 60 days for any reason.
(c)
The child or grandchild ceasing to reside in the principal residence.
(d)
The admission of the echo resident to an extended-care facility or any other place of residence.
(e)
The failure to pay the annual fee established for said permit or to renew the permit as set forth in § 144-41H.
(f)
The failure to meet any condition of the permit.
E.
Removal. The echo residence shall be completely removed from the property within 30 days following the expiration or the permit.
F.
General conditions.
(1)
The echo residence may be serviced by water from the principal residence, installed in accordance with the applicable building codes.
(2)
The echo residence shall be serviced by a sufficient private sewage facility to meet all Town, county and other governmental requirements and shall otherwise meet all building code requirements, except that the echo residence may be a mobile home.
(3)
The echo residence shall not be closer to the street than the front facade of the principal residence, and the lot shall meet all setback and area requirements of this chapter.
(4)
The echo residence shall be of sufficient size to comfortably accommodate the occupants. Travel trailers and motor homes shall not be allowed.
(5)
The occupants of the echo residence shall be limited to the parents or grandparents and their spouses of lot owners and their spouses.
G.
Required findings; issuance of permit. Prior to the granting of such a permit, the Planning Board shall hold a public hearing. The Planning Board shall take into consideration the comments of those attending the public hearing and shall not direct issuance of a permit unless a specific finding is made that the allowed use will not be disruptive to the use and enjoyment of properties in the general neighborhood, their value, or the character of the neighborhood. Upon direction by the Planning Board, the Zoning Enforcement Officer shall issue the permit, provided that all other zoning and building laws and regulations are met.
H.
Fees; annual renewal. Any person applying for a permit shall pay an application fee as determined by the Town Board by resolution. If the permit is granted, such fee shall also constitute the first year's permit fee. Annually, on or before the anniversary date of the granting of the permit, the permit holder shall submit to the Zoning Enforcement Officer a renewal fee as determined by the Town Board by resolution. Existing permits may be renewed by the Zoning Enforcement Officer upon determining that all conditions of the permit are being met and that an event causing termination of the permit has not taken place.
[1]
Editor's Note: This local law also repealed former § 144-41, Cluster residential development, and superseded the ordinance on echo uses adopted 6-22-1995. For current provisions regarding cluster residential development, see § 144-16.
§ 144-42 Junkyards.
Junkyards may be permitted in only the A District and only with a special use permit. Junkyards are subject to the following additional restrictions:
A.
No junkyard shall be permitted nearer to a public highway or lot line than a distance of 400 feet.
B.
Junkyards, in existence at the time of the adoption of this chapter, less than 400 feet from a public highway or lot line shall be surrounded by a seven-foot paintedboard or other type fence within a period of two years after the adoption of this chapter.
C.
(Reserved)[1]
[1]
Editor's Note: Former § 144-42C, requiring approval of 4/3 of Planning Board members as to junkyard location, was repealed 12-5-2005 by L.L. No. 2-2005.
D.
Before any special use permit can be issued for a junkyard, the Planning Board must specifically find:
[Amended 12-8-2005 by L.L. No. 2-2005]
(1)
That the creation and maintenance of a junkyard on the proposed site is in the best interest of the public.
(2)
That the proposed junkyard will not adversely affect the nature of the neighborhood.
(3)
That adequate plans have been made for the periodic ultimate disposal of the contents of the junkyard.
E.
Before any special use permit can be granted for a junkyard, the Planning Board must require a minimum refundable cash deposit of $2,000, to insure that the conditions of this section are met.
[Amended 12-8-2005 by L.L. No. 2-2005]
§ 144-42.1 Resident-owner/operator businesses. [1]
[Added 12-8-2005 by L.L. No. 2-2005; amended 9-12-2013 by L.L. No. 2-2013]
A.
Permit required.
(1)
A resident-owner/operator business shall be allowed in Residential, Agricultural, and Mobile Home Use Districts upon the issuance of a special use permit by the Planning Board. Said permit shall be issued for a period of 12 months, upon application to the Planning Board. The activities covered by the permit may be conducted by the applicant during the hours of 8:00 a.m. to 5:00 p.m., unless the Planning Board authorizes other hours.
(2)
Resident-owner/operator permits may only be issued where the Planning Board determines that there will be no exterior evidence of the business conducted except:
(a)
A sign, unlit or lit by exterior lighting that is constant in intensity and color, and not to exceed 16 square feet in area. No part of the sign may revolve, rotate, oscillate, or otherwise move.
(b)
Parking for not more than three extra vehicles not owned by the residents of the premises for personal use.
(c)
In the case of vehicle sales or repair, the vehicles.
(d)
Limited storage of inventory or materials for the business as approved by the Planning Board.
(3)
No resident-owner/operator business shall be allowed for vehicle sales or repair unless a buffer of not less than 100 feet is provided between any vehicle and any adjacent premises.
(4)
Vehicle sales or repair businesses shall not have more than five vehicles for sale or being repaired on the premises at any time.
B.
Application. Applications for a permit for a resident-owner/operator business shall be made to the Planning Board in writing on forms prescribed by the Board, and shall be filed in the office of the Zoning Enforcement Officer. The applicant shall be required to set forth:
(1)
The applicant's name and address.
(2)
Whether the applicant is an individual, corporation, or some other entity.
(3)
If the applicant is an individual, his or her name and residence address; if the applicant is a corporation or other entity, the names and addresses of its president, vice president, secretary and treasurer.
(4)
The precise nature of the resident-owner/operator business for which the permit will be issued.
(5)
A site plan to scale indicating the location of the resident-owner/operator business, any buildings to be used in the business, and any other areas of the premises to be used for business purposes, including, but not limited to, parking and storage areas.
(6)
The size, location and illumination of any outdoor sign or advertising on the premises and the placement and number of all outdoor lighting devices.
(7)
Such other information as may be reasonably required by the Planning Board to carry out the purposes of this article.
C.
Such permit shall be for one year and shall thereafter be automatically renewed from year to year upon payment of the renewal fee, unless the Planning Board shall require an appearance and further hearing on notice to the applicant.
D.
Fee. The applicant shall pay such fees as the Town Board shall determine from time to time by resolution.
E.
Display of permit. The permit for a resident-owner/operator business shall be displayed at the site of the enterprise.
F.
In granting any such permit the Planning Board shall establish such conditions and restrictions as it determines are necessary to protect the health, safety, character and aesthetics of the neighborhood and neighboring properties.
G.
Revocation. The permit shall be revoked by the Planning Board if the applicant misstated the nature of the business on the application or the applicant does not conform to the terms and conditions of the permit.
[1]
Editor's Note: Former § 144-42.1, Special use permits for compatible nonoffending uses, added 10-2-1997, was repealed 12-9-2004 by L.L. No. 3-2004.