Hilton City Zoning Code
ARTICLE III
District Regulations
§ 275-13 Residential District (R).
B.
Special permitted uses. Upon site approval and in accordance with Article IV, the following uses are permitted:
(1)
Public offices.
(2)
Schools.
(3)
Two-family dwelling.
(4)
Single-family attached dwelling.
(5)
Small apartment house.
(6)
Cottage court dwellings.
(7)
Accessory dwelling unit.
(8)
Major home occupations.
(9)
Cultural facilities.
(10)
Day-care centers.
(11)
Fire and rescue stations.
(12)
Live-work units.
(13)
Religious institutions.
(14)
Seasonal farm stand.
(15)
Short-term rentals.
(16)
Customary agricultural use.
C.
Dimensional requirements.
(1)
All uses shall require a lot of at least 8,000 square feet.
(2)
The minimum width of a lot measured at the building line shall be 60 feet.
(3)
The minimum front setback for lots abutting roads shall be the most common existing front setback on the block. In the event that the most common front setback does not exist or cannot be determined, the minimum setback shall be 20 feet. The minimum side yard and rear yard setback shall be eight feet.
(4)
No building shall exceed two stories or 35 feet in height.
(5)
Percentage of lot coverage. All buildings, including accessory structures, shall not cover more than 70% of the area of the lot.
D.
Additional requirements for all new homes built after May 1, 1986, shall be as follows:
(1)
A minimum of a one-foot overhang on the roof on the front and rear of all homes.
(2)
A minimum of five inches of rake on the gable roof end.
(3)
A sump pump connected to the Village storm sewer.
(4)
The area between the gutter and sidewalk shall be paved the width of the driveway.
(5)
There shall be no more than three single-family detached homes of substantially similar style located on three adjacent lots which front on the same street.
E.
Accessory buildings and structures.
(1)
Any toolshed, garden shed, utility shed, cabana or similar structure, which is not utilized for housing automobiles and trucks, is permitted, provided that such structure is incidental to the principal or primary residential use on the property and subject to the following restrictions:
(a)
Only one such accessory structure will be permitted on any real property and shall not be used for housing animals or their wastes.
(b)
The footprint shall be over 25 square feet but shall not exceed 256 square feet and no wall shall exceed 20 feet in length.
(c)
The height of any accessory structure shall not exceed 16 feet as measured from the average grade at the front of said accessory building to the highest point of such accessory structure.
(d)
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 which is located on an adjacent lot.
(e)
A side and rear setback of no less than five feet must be maintained.
(f)
If erected on a corner lot, accessory structures must be located behind the street main foundation lines of the principal dwelling and behind the side foundation line on the side facing the street.
(g)
On through lots, any accessory structure shall not be located nearer than 30 feet from either street line.
(2)
Any detached structure utilized for the storage of automobiles, trucks, recreational vehicles, and/or boats is permitted, subject to the following restrictions, provided that such structure is incidental to the principal or primary residential use on the property:
(a)
Must be placed on an approved foundation in accordance with the NYS Building Code.
(b)
The footprint shall not exceed 720 square feet.
(c)
The height shall not exceed 25 feet as measured from the average grade at the front of said structure to the highest point of such structure.
(d)
Must be erected behind the front main foundation line of the principal dwelling and at least 10 feet from any building used for residential purposes which is located on an adjacent lot.
(e)
A side and rear setback of no less than eight feet must be maintained.
(f)
If erected on a corner lot, accessory structures must be located behind the street main foundation lines of the principal dwelling and behind the side foundation line on the side facing the street.
§ 275-14 Multiple-Residence District (MR).
A.
Purpose. It is the intent of the Village of Hilton to permit, where appropriate, the construction and development of multiple-family residences in the Village. At the same time, the Village does not desire the large-scale development of these units to the extent that large areas of the Village become so devoted to such use that single-family residences would appear out of place. Accordingly, an area shall be zoned as an MR District only upon application for a specific proposal in accordance with the normal rezoning procedures. In reaching its decision, the Village Board shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the Village of Hilton, if any, and this statement of purpose.
B.
Permitted uses. The following uses are permitted outright:
(1)
Apartment houses, multiple dwellings, dwelling groups, condominiums and cooperatives, which are simply apartment houses under certain specified rules of ownership; provided, however, that this shall not be construed to permit mobile homes or a mobile home park.
(2)
Single-family attached dwellings.
(3)
Cottage court dwellings.
(4)
Normal accessory uses designed as an integral part of the development and scaled for the exclusive use of the residents of the development.
(5)
Day-care home.
(6)
Minor home occupations.
C.
Special permitted uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
D.
Dimensional requirements.
(1)
Minimum size of site: 8,000 square feet.
(2)
Site coverage. The maximum site coverage of all buildings and structures shall be 80% of the lot area, such percentage to be calculated on the basis of total project area, regardless of whether or not portions thereof need to be platted for townhouses.
(3)
Maximum building height: 35 feet.
(4)
Yard requirements:
(a)
No building shall be nearer than 30 feet to the right-of-way of any major road peripheral to the site.
(b)
No building shall be nearer than 15 feet to the right-of-way of any exterior project road. In the case of nondedicated streets and roads, this setback shall be measured from the limits of the paved area.
(c)
No building shall be nearer than 15 feet to any interior lot line, other than those lot lines defining an individual unit in a townhouse, if any.
G.
Site plan approval. Site plan approval by the Zoning Board of Appeals shall be required in a multiple residential district for all new uses, changes in use, and new construction or alteration, in accordance with the procedures established in Article V of this chapter.
H.
Commencement of development. If construction of the principal building pursuant to a valid building permit is not diligently prosecuted within two years from the effective date of any local law designating an area MR, then the area shall automatically revert to the zone district in effect prior to such designation. At any time prior to such reversion, the Zoning Board of Appeals, by motion, may grant an extension, which shall expire no later than three years after the effective date of the local law designating the area MR.
§ 275-15 Commercial District (C).
A.
Purpose. The purpose of this district is to provide areas for retail sales and services for the community.
B.
Permitted uses. The following uses are permitted:
(1)
Art studios.
(2)
Professional services.
(3)
Cultural facilities.
(4)
Day-care center.
(5)
Drive-through facility.
(6)
Medical offices or clinics.
(7)
Outdoor cafe.
(8)
Private greenhouses.
(9)
Public offices.
(10)
Residential care facilities.
(11)
Religious institution.
(12)
Conference/convention center.
(13)
Retail sales.
(14)
Retail construction materials.
(15)
Personal services.
(16)
Restaurants.
(17)
Specialty restaurants.
(18)
Indoor entertainment.
(19)
Outdoor entertainment.
(20)
Banks.
(21)
Veterinary offices.
(22)
Funeral homes and mortuary services.
(23)
Nurseries and garden stores.
(24)
Trade services.
(25)
Day-care home within pre-existing nonconforming dwellings.
C.
Special permitted uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
(1)
Any use permitted in § 275-15B above to the extent not conducted within a completely enclosed building.
(2)
Car washes.
(3)
Community care facilities.
(4)
Hotel.
(5)
Mixed-use buildings.
(6)
Motels.
(7)
Seasonal farm stand.
(8)
Smoke and vape shop.
(9)
Tavern.
(10)
Vehicle rental, leasing, and sales.
(11)
Vehicular fueling and service stations.
(12)
Warehousing.
D.
Dimensional requirements.
(1)
Front setback: minimum of 10 feet. Any property line adjacent to a street shall be deemed a front line.
(2)
Rear and side setbacks: minimum of 10 feet each, except that where a commercial district abuts a residential district, the setbacks shall each be 20 feet.
(3)
Maximum building height shall not exceed 45 feet.
(5)
Maximum lot area covered by buildings, structures and all impervious surfaces shall be 80% of the total lot area.
(6)
Driveways shall be constructed in accordance with the NYS Fire Code and shall be no less than 20 feet in width and no more than 50 feet in width. The area between the sidewalk and road shall be paved. If there is no sidewalk, the first 20 feet from the road of said driveway shall be paved.
G.
Site plan approval. Site plan approval by the Zoning Board of Appeals shall be required for all new uses, changes in use, and new construction or alteration, in accordance with the procedures established in Article V.
H.
Commencement of development. All approvals and permits must be acted upon within two years. An extension may be applied for and issued if approved by the issuing Board.
I.
Performance standards. No commercial use shall be established or maintained unless it complies with the performance standards as set forth in §§ 275-17E through G. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy and/or zoning permit.
§ 275-16 Industrial District (I).
A.
Purpose. The purpose of this district is to provide for the establishment of industrial uses essential to the development of a balanced economic base in an industrial environment, and to regulate such industrial development so that it will not be detrimental or hazardous to the surrounding community and the citizens thereof.
B.
Permitted uses. The following uses and their accessory uses are permitted outright:
(1)
Scientific research or experimental development of materials.
(2)
Administrative, educational and other related activities and facilities in conjunction with a permitted use.
(3)
Light manufacturing.
(4)
Private and public utility buildings and yards.
(5)
Private greenhouses.
(6)
Retail construction materials.
(7)
Restaurants.
(8)
Specialty restaurants.
(9)
Warehousing.
(10)
Vehicle services.
(11)
Animal shelters.
(12)
Data entry/communication services.
(13)
Industrial flex space.
C.
Special permitted uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
(1)
Uses of a similar character but not specifically listed above.
(2)
Customary and ordinary industrial uses which are conducted wholly within the enclosed wall of a building.
(3)
Auction houses and flea markets.
(4)
Car wash.
(5)
Community care facilities.
(6)
Day-care home within preexisting nonconforming dwellings.
(7)
Dry cleaning.
(8)
Farm equipment sales and service.
(9)
Fire and rescue station.
(10)
Health or fitness facility.
(11)
Heavy manufacturing.
(12)
Kennel.
(13)
Smoke and vape shop.
(14)
Telecommunication facility.
(15)
Vehicle rental, leasing, and sales.
(16)
Vehicular fueling and service stations.
(17)
Wholesale establishment.
D.
Special provisions. In addition to the regulations set forth in Article V, the following special provisions shall apply to industrial districts:
(1)
Off-street parking and loading, other than suitably landscaped guest parking, shall be confined to the rear yard of the proposed use.
(2)
The front yard of all lots and extension yards of a corner lot shall be suitably landscaped and shall include the provision of vegetation at suitable levels of maturity to protect and enhance the overall quality of the environment. In the case of through lots where the rear yard and/or side yards are also visible from a major road or residential area, similar requirements shall be imposed wherever appropriate.
(3)
The architectural treatment and general appearance of all buildings and the landscaping of the grounds shall be in keeping with the intent of this chapter and should be of such quality of design as to be a visual asset to the area in which they are located.
(4)
At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard of fire or explosion or any other physical hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.
E.
Dimensional requirements.
(1)
The minimum lot area shall be that necessary to accommodate the necessary structures and all loading, parking, access, setback and buffer area regulations required elsewhere in this chapter but shall be no less than 10,000 square feet.
(2)
Front setback: minimum of 35 feet.
(3)
Rear or interior setback: minimum of 10 feet, except that where an industrial district abuts a residential district, the setback shall be 40 feet. The minimum side setback on a corner lot shall not be less than the front setback on a corner lot.
(4)
Maximum building height shall be 45 feet.
(5)
Maximum lot coverage by buildings, structures and all impervious surfaces shall be 80% of the total lot area.
(6)
Driveways shall be constructed in accordance with the NYS Fire Code and shall be no less than 20 feet in width and no more than 50 feet in width. The area between the sidewalk and road shall be paved. If there is no sidewalk, the first 20 feet from the road of said driveway shall be paved.
H.
Commencement of development. If construction of the principal building(s) pursuant to a valid building permit in a rezoned area is not diligently prosecuted within two years from the effective date of any local law designating an area I Industrial, the area shall automatically revert to the zone district in effect prior to such designation. At any time prior to such reversion, the Zoning Board of Appeals by motion may grant an extension which shall expire no later than three years after the effective date of the local law designating the area I Industrial.
I.
Performance standards. No industrial use shall be established or maintained unless it complies with the performance standards as set forth in §§ 275-17E through G. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy and/or zoning permit.
J.
Site plan approval required. Site plan approval by the Zoning Board of Appeals shall be required in the Industrial District for all new uses, changes in use, and construction or alteration which would increase the gross floor area by 15% or greater.
§ 275-17 Light Industrial District (L-I).
A.
Legislative intent. The purpose of the Light Industrial District is to provide areas which may accommodate certain non-nuisance industrial uses, as well as to provide local employment opportunities. This district is suitable for areas with adequate utilities, proximity to adequate transportation facilities, and proper relationship to other land uses and natural features. Industrial uses should have characteristics which are compatible with the rural/suburban character of the Village and should be appropriately sited, such as in industrial parks. Industrial uses may include those in manufacturing warehouses and production utilizing previously prepared materials, but not those utilizing raw materials or any other process or activity which would result in or cause dissemination of harmful waste products, dust, smoke, gas, fumes, odors, noise, glare, vibration or any other hazard to adjacent buildings or land. This district specifically excludes residences due to the potential for conflicts between land uses.
B.
Permitted uses. All permitted uses are subject to Occupational Safety and Health Act and National Fire Safety Code regulations. The following uses and their customary accessory uses are permitted in the Light Industrial District:
C.
Special permitted uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
(1)
Adult uses.
(2)
Car wash.
(3)
Community care facilities.
(4)
Day-care home within preexisting nonconforming dwellings.
(5)
Dry cleaning.
(6)
Fire and rescue stations.
(7)
Health or fitness facility.
(8)
Retail sales.
(9)
Uses of similar character, but not specifically listed above, may apply to the Zoning Board of Appeals for a special use permit. Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character and fits into the intent of this section.
(10)
Seasonal farm stand.
(11)
Smoke and vape shop.
(12)
Storage facilities.
(13)
Telecommunication facility.
(14)
Vehicle rental, leasing, and sales.
(15)
Vehicular fueling and service stations.
(16)
Wholesale establishment.
D.
Prohibited uses.
(1)
Manufacturing of explosives, acetylene, gas, oxygen, plaster, disinfectants, insecticides, asphalt, soap, ammonia, bleaching powder, cement, lime, acid, tallow, grease, oils, glue, fertilizer, or chemicals emitting corrosive or toxic fumes.
(2)
Any land use process, or activity which would result in or cause dissemination of harmful waste products, dust, smoke, gas, fumes, odors, noise, glare or vibration or any other hazard to adjacent buildings or land other than those used for heating purposes.
(3)
Processing, storage or disposal of hazardous or other wastes, or of coal, coke and fuel oils, or storage of bulk products not in containers (i.e., stone, sand, salt, cement, fertilizer).
(4)
Fabrication methods using explosive forming shall not be allowed.
(5)
Any use which may be detrimental to the health, welfare and safety of residents of the surrounding areas.
(6)
Any use which does not meet the performance standards as described in this chapter.
(7)
Residential uses.
(8)
Fire and explosion. The storage, utilization or manufacture of detonable materials, flammable solids ranging from active burning to intense burning, flammable gases or flammable liquids shall not be permitted.
(9)
Storage of junk, scrap material, waste (inorganic and organic) and other articles of such nature.
E.
Performance standards. No use shall be established or maintained unless it complies with the performance standards in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy and/or zoning permit.
(1)
Noise.
(a)
Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through the sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standard Institute.
(b)
The following uses and activities shall be exempt from these noise regulations:
(c)
No person, firm or corporation shall allow the emission of sound in air which, as measured at the property lines, has a sound level in excess of 65 decibels to 70 decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m. and in excess of 50 decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.
(2)
Smoke. The density of smoke and other atmospheric pollutants shall be measured by the Ringelmann Chart as published by the United States Bureau of Mines. No person, firm or corporation shall permit the emission of smoke or any other atmospheric pollutant, from any source whatever, for a period or periods aggregating more than four minutes in any one hour which exceeds the density or equivalent opacity of No. 1 on the Ringelmann Chart as measured at the point of emission. The emission of smoke or any other atmospheric pollutant shall not be permitted, regardless of quantity, if it is in any way detrimental to the public health or safety or is a nuisance or source of damage to property.
(3)
Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatever, to exceed one pound per hour per acre of lot area. The emission from all sources within any lot area of particulate matter containing more than 10% of particles having a diameter larger than 44 microns is prohibited.
(4)
Odor. No person, firm or corporation, shall permit the emission of any offensive odor at the property line of the lot from which the odor is emitted. The "odor threshold" is defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of healthy observers. The "panel of healthy observers" is defined as a group that includes the Building Inspector, a municipal board member, the owner of the property which is the source of the odor, and the person(s) who filed a complaint with the Village.
(6)
Electromagnetic interference. No land use or operation shall be allowed which produces any perceptible electromagnetic interference with normal radio or television reception outside the boundaries of the lot on which such use or operation takes place.
(7)
Electromagnetic radiation. No land use or operation shall be allowed which produces electromagnetic radiation which does not comply with the current requirements of the Federal Communications Commission, or with the standards of the American National Standards Institute or the Federal Communications Commission.
(8)
Heat. No emission or heat shall be permitted which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change is in the air, in the ground or in any watercourse or body of water.
(9)
Toxic or noxious matter. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other matter outside the building in which the use is conducted.
(10)
Radiation. No emission, discharge or storage of radioactive gases, liquids or solids shall be permitted.
(11)
Glare. No person, firm or corporation shall permit any high intensity light to cross the boundary line of the lot on which this light source is situated.
(12)
Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.
(13)
Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects. All wastes are to be properly stored and removed weekly.
(14)
Landscaping. The required front yard areas shall not be used for storage or parking but shall be lawn or landscaped. Unless used as a parking area, the side yards shall be lawn or landscaped back to the rear building line. The rear yard shall be fully landscaped when the property abuts any other district. Any landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition.
(15)
Lights. All exterior lighting in connection with all buildings, signs or other uses shall be dark sky compliant, directed away from adjoining streets and properties, and shall not cause any objectionable glare observable from such streets or properties. Hours of lighting may be limited by the Zoning Board of Appeals in acting on any site development plan. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 5/10 footcandle.
(16)
Storage. Materials, supplies and products shall not be stored in any front or side yard area nor in any required yard. All outside areas shall be neatly kept, fenced, lighted and screened from any existing or proposed road or any adjoining district.
(17)
Fences. The Zoning Board of Appeals may require the fencing or screening, or both, of any hazardous or potentially dangerous conditions which in the opinion of the Board might cause injury to persons or damage to property. Fencing shall comply with § 275-42.
(18)
Edible products. All edible products or materials for human or nonhuman consumption or used in manufacturing shall be maintained free of all vermin and insects and their waste products.
(19)
Any use, although allowed as a permitted use, if the particular application or adaptation of such use is or shall become or cause a nuisance shall be discontinued.
(20)
The Zoning Board of Appeals, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.
F.
Performance standards procedures.
(1)
During the course of site plan review, the Zoning Board of Appeals will determine if the applicant's proposal will conform to the performance standards.
(2)
In the case of any application for the establishment of use subject to the performance standards, the Zoning Board of Appeals may require the applicant, at his/her own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
(3)
If the Zoning Board of Appeals deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his/her application. The report of any expert consultants shall be promptly furnished to the applicant.
G.
Performance standard enforcement. If, in the judgment of the Code Enforcement Officer or of the Village Board, there is a violation of the performance standards:
(1)
The Code Enforcement Officer shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Officer within 10 calendar days of the date of receipt. The notice shall state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made, and that, if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination will be borne by the Village.
(2)
If, within the 10-day time limit, the alleged violation is corrected to the satisfaction of the Code Enforcement Officer, he/she shall note "violation corrected" on his copy of the notice and shall retain it among his/her records.
(3)
If there is no reply within the 10-day time limit and the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit, he/she shall proceed to take action in accordance with the provisions of this chapter.
H.
Additional provisions and requirements.
(1)
All processes shall take place within an enclosed building. Incidental storage out-of-doors shall be shielded from view from public streets, adjacent off-street parking areas and neighboring properties by fencing, landscaping, earth berm or other appropriate measures.
(2)
All uses in this district shall set aside not less than 20% of the lot to be devoted to seeding, planting, retention of tree cover or other landscaping. This area shall be used for no other purpose.
(3)
Fences, walls, hedges, and screen plantings may be required by the Zoning Board of Appeals in accordance with § 275-42 to protect the quality of adjacent property in any other district and shall be installed and perpetually maintained so as to visually and audibly screen the activity from the adjacent district. The front yard of all lots and extension yards of a corner lot shall be suitably landscaped and shall include the provision of vegetation at suitable levels of maturity to protect and enhance the overall quality of the environment. In the case of through lots where the rear yard and/or side yards are also visible from a major road or residential area, similar requirements shall be imposed by the Zoning Board of Appeals wherever appropriate.
(4)
Site plan approval by the Zoning Board of Appeals shall be required in the Light Industrial District for all new uses, changes in use, and construction or alteration which would increase the gross floor area by 15% or greater.
(5)
Mini storage facilities and outside storage facilities must be fenced so that access to the storage area is impeded by the fence. Refer to fencing regulations as set forth in Article VI, § 275-42. A security gate must be used to control access to the storage area and must close and lock automatically. The grounds outside of the storage facility must be lighted and the roadside landscaped as directed by the Zoning Board of Appeals. Refer to lighting and landscaping regulations as set forth in Article III, § 275-17E(14) through (15).
(6)
The grounds outside of any storage facility must be lighted and the roadside landscaped as directed by the Zoning Board of Appeals.
(7)
Outside storage of vehicles and equipment shall be provided directly to the rear of any building fronting the property. If no such building exists, appropriate screening is required as an alternative. In addition, appropriate screening shall be provided to block visual evidence of the stored vehicles and/or equipment from any road directly adjacent to the light industrial zone and/or any institutional property such as schools, churches, etc., or property zoned residential or commercial directly adjacent to the light industrial zone.
(8)
All storage facilities shall be in conformance with the applicable regulations as set forth in the New York State Uniform Fire Prevention and Building Code.
I.
Dimensional requirements.
(1)
Lot area: minimum of 20,000 square feet.
(2)
Lot width: minimum of 100 feet.
(3)
Front setback: minimum of 35 feet on internal or subdivision streets. Minimum of 40 feet on existing arterial or collector highways.
(4)
Side setback: minimum 10 feet, except that where a Light Industrial District abuts a residential or commercial district, the setback shall be 40 feet.
(5)
Rear setback: minimum of 50 feet.
(6)
Maximum lot coverage by buildings, structures and all impervious surfaces shall be 80% of the total lot area.
(7)
Maximum building height shall be 45 feet.
(8)
Driveways shall be constructed in accordance with the NYS Fire Code and shall be no less than 20 feet in width and no more than 50 feet in width. The area between the sidewalk and road shall be paved. If there is no sidewalk, the first 20 feet from the road of said driveway shall be paved.
§ 275-18 Planned Residential Development District (PRD).
A.
Purpose. It is the purpose of the Planned Residential Development (PRD) to provide flexible land use and design regulations so that small to large neighborhoods or portions thereof may be developed within the Village that incorporate a variety of residential uses. These areas will contain both individual building sites as well as common property which will be planned and developed as a unit. Where a PRD is deemed appropriate through the rezoning of land to become a PRD District by the Village Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls. The PRD District shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this district.
B.
Permitted uses. The following uses and their accessory uses are permitted outright:
(1)
All residential types. In developing a balanced community, the use of a variety of housing types shall be deemed most in keeping with this district. Specifically included are all senior citizen residential types, adult homes, nursing home communities and similar residential facilities.
(2)
Recreation and open space uses which are scaled primarily to serve the residents of the PRD District. The open space shall comprise at least 25% of the development area unless deemed inappropriate or impractical by the Zoning Board of Appeals in connection with the site plan approval required hereinafter. Open space is defined as land that is available and is accessible for public recreational use and no other. There shall be no permanent occupancy allowed on land designated as open space.
(3)
Day-care homes.
C.
Special permitted uses. Upon site plan approval and in accordance with Article IV, the following nonresidential uses are permitted:
(1)
Nonresidential uses, scaled primarily to serve the specific needs of the residents of the district, rather than provide additional general commercial usage. In recognition of the unique restrictions and limitations which impact nonresidential uses within a PRD District, various requirements which are otherwise imposed upon commercial use within the Village may be modified or waived, upon good cause shown.
(a)
Buildings engaged in approved nonresidential use activity within a PRD District shall be of similar or complimentary architecture to the approved architectural scheme of the district. Signage shall be limited to a single sign per building or business, may be either attached or projecting, and limited to a maximum of four-square feet in sign area.
(b)
Additions and/or changes to structures, landscaping, and signage related to a nonresidential use within a PRD District shall be submitted and approved in accordance with the same requirements as structures located in an architectural district.
(2)
Special permitted nonresidential uses are the following:
(a)
Retail sales provided that they are of such a scale as to fit within the neighborhood.
(b)
Day-care centers.
(c)
Professional services.
(d)
Specialty restaurants.
(e)
Art studios.
(f)
Outdoor cafe.
(g)
Club organization.
(h)
Community facility.
(i)
Cultural facility.
(j)
Indoor entertainment.
(k)
Farm and craft markets.
(l)
Health and fitness facility.
(m)
Medical offices or clinics.
(n)
Mixed-use building.
(o)
Nurseries and garden stores.
(p)
Personal services.
(q)
Public offices.
(r)
Religious institution.
(s)
Residential care facility.
(t)
Seasonal farm stand.
D.
Requirements.
(1)
Effective buffering areas shall be provided where a PRD District borders any properties within an R District. The Zoning Board of Appeals shall determine any additional landscape features as may be necessary to provide an effective buffer area.
E.
Special provisions.
(1)
The following objectives shall be considered in the development of a PRD District:
(a)
Provide for a maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential Village residents.
(b)
Provide for usable open space and recreation areas and other facilities serving the community, such as trail ways to neighboring properties, sitting benches and the like.
(c)
Provide for access to trail ways, open space and other community services through clearly designated pathways and the designation of such pathways as part of project development.
(d)
Provide for convenient location of accessory commercial and service areas.
(e)
Provide for safe and convenient pedestrian, bicycling, and public transportation access and facilities.
(f)
Provide for auxiliary parking as may be necessary; such parking areas to be treated with appropriate landscaping or structural features to allow a more aesthetic presentation to the entire district.
(g)
Provide for the preservation of trees, outstanding natural topography and geologic features and the preservation of soil erosion.
(h)
Provide for a creative use of land and related physical development which allows orderly transition of land from rural to urban uses.
(i)
Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering housing costs.
(j)
Provide for service alleys to allow safe and adequate access to structures in the district for purposes of refuse removal, emergency access and other public or private services.
(k)
Provide for a development pattern consistent with the objectives of the Comprehensive Plan.
(l)
Provide for special security needs of persons and property within such district as deemed necessary by the nature of the development.
(m)
Provide for a more desirable environment than would be possible through the strict application of other provisions of this chapter.
(n)
Promote community housing in a unique setting, appropriate to the anticipated residents of each such community, utilizing homeowners' associations, deed restrictions and other regulatory procedures where appropriate.
(o)
Promote a distinctive and attractive community.
(2)
The tract of land for a project may be owned, leased or controlled either by a single person, corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(3)
Before the consideration of zoning of any property to a PRD can take place by the Village Board, the owner or his authorized agent shall apply for and secure preliminary site plan approval of such PRD in accordance with the site plan approval procedures established in Article V. Upon receipt of a favorable report from the Zoning Board of Appeals covering the preliminary site plan, or upon its own determination subsequent to an appeal from an unfavorable report, the Village Board shall set a date for and conduct the public hearings necessary for the purpose of considering PRD Districting for the applicants plan in accordance with the procedures established in Article V. PRD Districting shall be conditional upon securing of final site plan approval by the applicant in accordance with procedures set forth in Article V and compliance with all additional conditions and requirements as may be set forth by the Village Board in its resolution granting the PRD District.
(4)
The Zoning Board of Appeals shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.
(5)
When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvements, operation and maintenance of such common property and facilities, including private street, drives, service and parking areas and recreational and open space areas.
(6)
Site plan review under the provisions of Article V shall suffice for Village Board of Trustees review of subdivisions under Village Subdivision Regulations, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Monroe County Clerk, in addition to those drawings required for site plan review.
(b)
The developer shall plat the entire development as a subdivision; however, PRDs being developed in stages may be platted and filed in the same stage.
(c)
Final site plan approval under Article V shall constitute final plat approval under the Village Subdivision Regulations.
(d)
Proposals for structures and/or landscaping must be submitted and approved in accordance with the same requirements as structures located in an architectural district.
(7)
For the purposes of regulating the development and use of property after initial construction and occupancy, any changes proposed shall require review and approval by the Zoning Board of Appeals in accordance with Article V. Any changes other than changes in use shall be processed as a special use permit request to the Zoning Board of Appeals. Changes of use shall also be processed as a special use permit request, except that Village Board approval shall be required. Properties lying in a PRD District are unique and shall be so considered when evaluating these requests and maintenance of the intent and function of the planned unit shall be of primary importance.
F.
Financial responsibility. No building permits shall be issued for construction within a PRD District until improvements are installed; or cash is deposited with the Village Treasurer in an amount sufficient to cover the cost of installing such improvements, together with an agreement executed by the builder or developer authorizing the Village to use such deposited funds to complete the improvements if not completed by an agreed date; or a letter of credit or bond is posted in accordance with the same procedures as provided for in the Village Law relating to subdivisions.
§ 275-19 Planned Residential Development District - Senior (PRD-S).
A.
Purpose. It is the purpose of the Planned Residential Development - Senior (PRD-S) to provide flexible land use and design regulations so that small to large neighborhoods or portions thereof may be developed within the Village that incorporate a variety of residential uses particularly those marketed towards older adults. These areas will contain both individual building sites as well as common property which will be planned and developed as a unit. The PRD-S shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this district.
B.
Permitted uses. The following uses and their accessory uses are permitted outright:
(1)
All residential types. In developing a balanced community, the use of a variety of housing types shall be deemed most in keeping with this district. Specifically included are all senior citizen residential types, adult homes, nursing home communities and similar residential facilities.
(2)
Recreation and open space uses which are scaled primarily to serve the residents of the PRD-S. The open space shall comprise at least 25% of the development area unless deemed inappropriate or impractical by the Zoning Board of Appeals in connection with the site plan approval required hereinafter. Open space is defined as land that is available and is accessible for public recreational use and no other. There shall be no permanent occupancy allowed on land designated as open space.
(3)
Day-care homes.
C.
Special permitted uses. Upon site plan approval and in accordance with Article IV, the following nonresidential uses are permitted:
(1)
Nonresidential uses shall be scaled primarily to serve the specific needs of the residents of the district, rather than provide additional general commercial usage. In recognition of the unique restrictions and limitations which impact nonresidential uses within a PRD-S, various requirements which are otherwise imposed upon commercial use within the Village may be modified or waived, upon good cause shown.
(a)
Buildings engaged in approved nonresidential use activity within a PRD-S shall be of similar or complimentary architecture to the approved architectural scheme of the district. Signage shall be limited to a single sign per building or business, may be either attached or projecting, and limited to a maximum of four-square feet in sign area.
(b)
Additions and/or changes to structures, landscaping, and signage related to a nonresidential use within a PRD-S shall be submitted and approved in accordance with the same requirements as structures located in an architectural district.
(2)
Special permitted nonresidential uses are the following:
(a)
Retail sales provided that they are of such a scale as to fit within the neighborhood.
(b)
Day-care centers.
(c)
Professional services.
(d)
Specialty restaurants.
(e)
Art studios.
(f)
Outdoor cafe.
(g)
Club organization.
(h)
Community facility.
(i)
Cultural facility.
(j)
Indoor entertainment.
(k)
Farm and craft markets.
(l)
Health and fitness facility.
(m)
Medical offices or clinics.
(n)
Mixed-use building.
(o)
Nurseries and garden stores.
(p)
Personal services.
(q)
Public offices.
(r)
Religious institution.
(s)
Residential care facility.
(t)
Seasonal farm stand.
D.
Dimensional requirements.
(1)
Requirements for both residential and multiple residential dwelling units shall be as follows:
(a)
A minimum of a one-foot overhang on the roof on the front and rear homes.
(b)
A minimum of five inches of rake on the gable roof end.
(c)
A sump pump connected to the Village storm sewer.
(d)
The area between the gutter and sidewalk shall be paved the width of the driveway.
(e)
There shall be no more than three single-family detached homes of substantially similar style located on three adjacent lots which front on the same street.
(f)
For single-family dwelling units, a tree must be planted for each parcel except on a corner lot which shall require two trees to be planted, one on each side of the lot facing the road.
(2)
Effective buffering areas shall be provided where a PRD-S borders on any properties within the R District. The Zoning Board of Appeals shall determine any additional landscape features as may be necessary to provide an effective buffer area.
E.
Special provisions.
(1)
The following objectives shall be considered in the development of a PRD-S:
(a)
Provide for a maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential residents.
(b)
Provide for usable open space and recreation areas and other facilities serving the community, such as trail ways to neighboring properties, sitting benches and the like.
(c)
Provide for access to trail ways, open space and other community services through clearly designated pathways as part of the project development.
(d)
Provide for convenient location of accessory commercial and service areas.
(e)
Provide for safe and convenient pedestrian, bicycling, and public transportation access and facilities.
(f)
Provide for auxiliary parking as may be necessary; such parking areas to be treated with appropriate landscaping or structural features to allow a more aesthetic presentation to the entire district.
(g)
Provide for the preservation of trees, outstanding natural topography and geologic features and the preservation of soil erosion.
(h)
Provide for a creative use of land and related physical development which allows orderly transition of land from rural to urban uses.
F.
Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering housing costs.
G.
Provide for service alleys to allow safe and adequate access to structures in the district for purposes of refuse removal, emergency access and other public or private services.
H.
Provide for a development pattern consistent with the objectives of the Comprehensive Plan.
I.
Provide for special security needs of persons and property within such district as deemed necessary by the nature of the development.
J.
Provide for a more desirable environment than would be possible through the strict application of other provisions of this chapter.
K.
Promote community senior housing in an unique setting, appropriate to the anticipated residents of each such community, utilizing homeowners or condominium associations, deed restrictions and other regulatory procedures where appropriate.
L.
Promote a distinctive and attractive community.
(1)
The tract of land for a project may be owned, leased or controlled either by a single person, corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(2)
Before the consideration of zoning of any property to a PRD-S can take place by the Village Board, the owner or his authorized agent shall apply for and secure preliminary site plan approval of such in accordance with the site plan approval procedures established in Article V. Upon receipt of a favorable report from the Zoning Board of Appeals covering the preliminary site plan, or upon its own determination subsequent to an appeal from an unfavorable report, the Village Board shall set a date for and conduct the public hearings necessary for the purpose of considering PRD-S Districting for the applicants plan in accordance with the procedures established in Article V. PRD-S Districting shall be conditional upon securing of final site plan approval by the applicant in accordance with procedures set forth in Article V and compliance with all additional conditions and requirements as may be set forth by the Village Board in its resolution granting the PRD-S.
(3)
The Zoning Board of Appeals shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.
(4)
When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvements, operation and maintenance of such common property and facilities, including private street, drives, service and parking areas, recreational and open space areas.
(5)
Site plan review under the provisions of Article V shall suffice for Village Board of Trustees review of subdivisions under Village Subdivision Regulations, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Monroe County Clerk, in addition to those drawings required for site plan review.
(b)
The developer may either plat the entire development as a subdivision or as a single property; however, PRD-S being developed in stages may be platted and filed in the same stage.
(c)
Final site plan approval under Article V shall constitute final plat approval under the Village Subdivision Regulations.
(d)
Proposals for structures and/or landscaping must be submitted and approved in accordance with the same requirements as structures located in an architectural district.
(6)
For the purposes of regulating the development and use of property after initial construction and occupancy, any changes proposed shall require review and approval by the Zoning Board of Appeals in accordance with Article V. Any changes other than changes in use shall be processed as a special use permit request to the Zoning Board of Appeals. Changes of use shall also be processed as a special use permit request, except that Village Board approval shall be required. Properties lying in a PRD-S are unique and shall be so considered when evaluating these requests and maintenance of the intent and function of the planned unit shall be of primary importance.
M.
Financial responsibility. No building permits shall be issued for construction within a PRD-S until improvements are installed; or cash is deposited with the Village Treasurer in an amount sufficient to cover the cost of installing such improvements, together with an agreement executed by the builder or developer authorizing the Village to use such deposited funds to complete the improvements if not completed by an agreed date; or a letter of credit or bond is posted in accordance with the same procedures as provided for in the Village Law relating to subdivisions.
§ 275-20 Transitional Mixed-Use District (TMD).
A.
Purpose and objectives. The purpose of this district is to provide an area of mixed residential, commercial and noncommercial uses in buildings that appear residential in design and in a fashion that is consistent with the distinct and historical character of the district to act as a compatible transitional area.
B.
Permitted uses. The following uses are permitted when conducted within a completely enclosed building:
(1)
Professional services.
(2)
Medical offices or clinic.
(3)
Religious institution.
(4)
Conference/convention center.
(5)
Funeral homes.
(6)
Personal services.
(7)
Banks.
(8)
Bed-and-breakfast.
(9)
Art studios.
(10)
Retail sales limited to the sale of the following and specifically excluding drive-through facilities:
(11)
All residential uses are permitted.
(12)
Outdoor cafe.
(13)
Cultural facility.
(14)
Day-care homes and centers.
(15)
Indoor entertainment.
(16)
Event venue.
(17)
Residential care facility.
(18)
Restaurants.
(19)
Specialty restaurants.
D.
Dimensional requirements:
(1)
Building height. All buildings must be a minimum of two stories, with total height not to exceed 45 feet.
(2)
Front setback: None.
(3)
Rear and side setbacks: minimum of five feet each.
(5)
There shall be no more than three detached structures of substantially similar style located on three adjacent lots which front on the same street.
(6)
All development shall employ building and site design standards to ensure compatibility with adjacent residential development.
(8)
Driveways shall be constructed in accordance with the NYS Fire Code and shall be no less than 12 feet in width and no more than 24 feet in width. The area between the sidewalk and road shall be paved. If there is no sidewalk, the first 20 feet from the road of said driveway shall be paved.
E.
Off-street parking. Off-street parking shall be provided to the rear of the principal building.
H.
Site plan approval. Except as otherwise provided in this article, site plan approval by the Zoning Board of Appeals shall be required for new construction, in accordance with the procedures established in Article V. Notwithstanding the foregoing, no structure originally designed for residential use shall be altered or converted in whole or in part to a nonresidential use permitted under this section prior to review and approval of plans therefor by the Zoning Board of Appeals.
I.
Commencement of development. All approvals and permits must be acted upon within two years. An extension may be applied for and issued if approved by the issuing Board.
J.
Performance standards. No limited commercial use shall be established or maintained unless it complies with the performance standards as set forth in §§ 275-17E through G. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy and/or zoning permit.
§ 275-21 Central Business District (CBD).
A.
Purpose and objectives. The purpose of this district is to establish mixed-use areas for convenient shopping and services to serve the community and to regulate the location, design and use of structures and land therein in a fashion that is consistent with the distinctive and historical character of the district.
B.
Permitted uses. The following uses are permitted:
(1)
Professional services.
(2)
Medical offices or clinics.
(3)
Retail sales not including any drive-up services or facilities.
(4)
Personal services.
(5)
Restaurants including specialty restaurants.
(6)
Banks.
(7)
Indoor entertainment.
(8)
Conference/convention centers only on the second floor.
(9)
Event venues.
(10)
Mixed-use buildings.
(11)
Artisan lofts.
(12)
Art studios.
(13)
Outdoor cafe.
(14)
Cultural facility.
(15)
Public offices.
(16)
Live-work units.
(17)
Day-care home accessory to a principal dwelling unit.
E.
Dimensional requirements.
(1)
Front setback. The maximum front setback shall be 10 feet. Buildings constructed to the front property line are preferred.
(2)
Side setback. The maximum side setback shall be five feet. Buildings constructed to the side property line are preferred.
(3)
Rear setback. Minimum of five feet.
(4)
Building height. All buildings must be at least two stories and not exceed 45 feet.
(5)
At least 60% of that portion of the first-floor facade of a building which faces a street shall be transparent. Reflective glass, heavily tinted glass and any type of opaque window treatments are prohibited. Light transmission shall be at least 90%. Where visibility into the interior is not desired, showcase windows with at least three feet of depth shall be permitted.
(6)
All buildings shall have flat roofs. Elements such as parapets may protrude along the facade above the roof line for aesthetic purposes.
(7)
All buildings must have a sump pump connected to the Village storm sewer.
(8)
All buildings must have at least one entrance facing the street.
(9)
Bay windows may be constructed in upper stories to extend past the front setback and into the right-of-way provided that the authority having jurisdiction over that property provides their approval.
F.
Off-street parking. Off-street parking is not required within the Central Business District. However, it may be provided. The Zoning Board of Appeals may establish a maximum amount of parking to be provided.
I.
Site plan approval. Except as otherwise provided in this article, site plan approval by the Zoning Board of Appeals shall be required for new construction, in accordance with the procedures established in Article V.
J.
Commencement of development. All approvals and permits must be acted upon within two years. An extension may be applied for and issued if approved by the issuing board.
K.
Performance standards. No commercial use shall be established or maintained unless it complies with the performance standards as set forth in §§ 275-17 E through G. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy and/or zoning permit.
§ 275-22 Mixed-Use Overlay District (MUO).
A.
Purpose. The purpose of the Mixed-Use Overlay District is to provide supplemental regulations within the growth nodes identified by the Village of Hilton Board of Trustees. The Mixed-Use Overlay District process enables an appropriate and context sensitive mix of land use to occur on sites located within designated growth nodes once the land has been rezoned and final site plan approval has been obtained. These growth nodes are identified on the Official Zoning Map and shall be known as the Mixed-Use Overlay or MUO Districts and once rezoned shall be known as Mixed-Use Districts or MX Districts.
B.
Intent. It is the intent of the Mixed-Use Overlay District to enable a mix of land use to occur within the designated growth areas once final site plan approval has been obtained from the Village Zoning Board of Appeals. Final site plan approval within the MUO District shall be subject to the following design standards requiring site plans that:
(1)
Continue to attract appropriate development to expand upon the economic and fiscal base of the Village in a manner that maintains the unique character of the respective growth node and contributes to maintaining a high quality of life within the community.
(2)
Encourages architectural and site design that is compatible with the site's surroundings.
(3)
Encourages buildings that provide an appropriate transition between adjacent sites within the growth nodes.
(4)
Encourages buildings that are protective of open space resources important to the Village.
(5)
Establishes a clear and consistent character for new structures with existing structures and sites.
(6)
Reduces delays and avoids confusion that developers, landowners, or business operators may encounter during the construction phase of the proposed project.
(7)
The Village finds will minimize land use conflicts between adjacent sites and within the growth node area to the greatest extent practicable.
(8)
Contributes public infrastructure such as roads, sidewalks, sewers, and water, in such a manner to be easily extended and connected for future development.
(9)
Establishes and contributes to a sense of place which will encourage pedestrian and leisure activities on and surrounding the site.
C.
Applicability.
(1)
The MUO District boundaries shall be delineated on the Village's official Zoning Map.
(2)
Only land within the established MUO District boundaries may be eligible to apply for rezoning to MX District in accordance with the process established herein.
(3)
MUO Districts are superimposed over the existing underlying zoning districts and do not replace the underlying zoning districts. Instead, both the overlay districts and the underlying zoning districts exist and apply simultaneously to the lands over which they are zoned. A parcel within a MUO District may be developed either as a mixed use in accordance with this article and after rezoning to MX District, or otherwise developed in accordance with the existing underlying zoning district regulations, but not both.
D.
Uses.
(1)
Permitted principal uses. The following uses are permitted on a lot located within the MX District:
(a)
Single-family detached dwellings.
(b)
Single-family attached dwellings.
(c)
Two-family dwellings.
(d)
Small apartment houses.
(e)
Accessory dwelling units.
(f)
Art studios.
(g)
Cultural facilities.
(h)
Day-care centers.
(i)
Medical offices or clinics.
(j)
Mixed-use structures.
(k)
Professional services.
(l)
Religious institutions.
(m)
Residential care facilities.
(n)
Restaurants and specialty restaurants.
(o)
Retail sales.
(4)
Prohibited uses. The following uses are expressly prohibited within the MX District:
(5)
Unlisted uses. Uses not listed within § 275-22D(1) through (4) above may be permissible only upon the approval of the Village Board through the site's rezoning process in Subsection G. Applicants seeking to operate an unlisted use shall specifically request approval for the use when petitioning to rezone the property.
E.
Supplemental standards.
(2)
Multiple uses permitted. Within the MX District, multiple uses may be permitted and operated at the same time on one parcel of land.
(3)
Open space. Each MX District site shall maintain a minimum of open space to be determined by the Zoning Board of Appeals. Open space does not include driveways, parking spaces, aisles, dumpster enclosures, drainage facilities, or an area to be used for outdoor storage of materials or equipment.
F.
Supplemental regulations.
(1)
Unless otherwise stated within this section or as approved in the rezoning process, development within the MX District is subject to compliance with the supplemental regulations contained in Article VI.
(2)
Waivers. The Village Board is hereby empowered to waive, when reasonable, any requirements of plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements are found not to be necessary in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the site plan.
(a)
If an applicant wishes to request a waiver, said request shall be submitted in writing as part of the application. The application shall state fully the requirement from which relief is requested and how the waiver will maintain public health, safety, and general welfare.
(b)
The Village Board shall make findings supporting their decision regarding a waiver.
(c)
Waivers shall be made by resolution of the Village Board. A statement showing the date that such waiver was granted shall be affixed to the final plan.
(d)
When granting waivers, the Village Board may also impose additional conditions as needed to achieve the objectives of the waived requirement(s).
(3)
Higher standards to prevail.
(a)
The provisions of this section shall supersede local laws, ordinances, codes or regulations to the extent such laws, ordinances, codes or regulations are inconsistent with the provisions of this section, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided in this chapter and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
(b)
In a case where a provision of this section is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or higher standard shall prevail.
G.
Process. To complete the process of rezoning from MUO to MX, the following steps shall be followed in order:
(1)
An owner of land located within a MUO District shall submit a rezoning petition to the Village Clerk to rezone the land to MX. This petition package shall include all of the following information:
(a)
A completed petition form and appropriate fees.
(b)
A map describing the affected property, its boundaries, and indicating the existing zoning district and the requested zoning change.
(c)
A statement of intent describing the proposed future use and development of the site should the rezoning take place. Where unlisted uses are proposed, they should be specified here.
(d)
An environmental assessment form (EAF Part 1) completed and signed by the petitioner, or agent, in accordance with the procedures set forth in State Environmental Quality Review (SEQR) regulations.
(e)
A sketch plan accurately depicting the proposed development of the site.
(f)
Any additional information which the petitioner feels would further the understanding of the proposed development.
(2)
Upon receipt of a rezoning petition, the Village Clerk shall request from the Code Enforcement Officer a determination as to whether the land within the proposed rezoning lies within the boundaries of the MUO District.
(3)
The Village Clerk shall refer the petition to the Zoning Board of Appeals for an advisory report which shall be returned to the Village Clerk prior to the petition being placed on a Village Board agenda. The advisory report shall evaluate the compliance of the proposed rezoning with the Comprehensive Plan and this Section. If the Zoning Board of Appeals fails to file such a report within 62 calendar days following such a referral, it shall be conclusively presumed that the Zoning Board of Appeals has approved the proposed rezoning. A referral shall be deemed received when the referral is first presented at a duly called meeting of the Village Zoning Board of Appeals.
(4)
The item shall then be placed on the Village Board agenda where the Board of Trustees will review the materials and decide whether to further consider the rezoning petition. If the Village Board decides to further consider the petition, it may direct the petitioner to apply for Site Plan approval to the Zoning Board of Appeals. The owner shall then have 180 calendar days, which period may be extended from time to time by the Village Board, to obtain site plan approval conditioned upon the proposed rezoning to MX District.
(5)
Petitioner shall apply for Site Plan approval and follow the procedures established in Article V of this chapter.
(6)
The Village Board, after receipt of the site plan approval, if required and if granted by the Zoning Board of Appeals, shall by resolution establish the time and place of a public hearing on the proposed rezoning and cause notice to be given as provided by Municipal Home Rule Law.
(7)
Following a public hearing, the Village Board shall approve, approve with conditions, or deny the application within 62 calendar days.
(8)
Changes made in zoning district boundaries or other matters portrayed on the Zoning Map under the provisions set forth herein shall be permanently affixed to the Zoning Map promptly after the amendment has been approved by the Village Board and shall convey information as to the date and nature of the change.
H.
Decision criteria. In determining whether to adopt or disapprove a proposed amendment, the Village Board will weigh the relevance of the following factors:
(1)
Consistency with Comprehensive Plan. Whether, and the extent to which, the proposal is consistent with the Comprehensive Plan.
(2)
Consistency with Code. Whether, and the extent to which, the proposal is consistent with the provisions of this Code and related Village regulations.
(3)
Community need. Whether, and the extent to which, the proposal addresses a demonstrated community need.
(4)
Compatible with surrounding uses. Whether, and the extent to which, the proposal is consistent with the purpose and intent of the zoning districts in this chapter, will promote compatibility among uses, and will promote efficient and responsible development within the Village.
(5)
Neighborhood character. Whether, and the extent to which, the proposal establishes a desirable character for new and existing structures and contributes to a distinct sense of place that encourages pedestrian and leisure activities on and surrounding the site.
(6)
Development patterns. Whether, and the extent to which, the proposal will result in a logical and orderly development pattern.
(7)
Effect on natural environment. Whether, and the extent to which, the proposal will result in beneficial impacts on the natural environment and its ecology, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, and wetlands.
(8)
Adjacent or nearby properties. Whether, and the extent to which, the proposed amendment will generate a direct, significant, measurable adverse impact on adjacent and nearby properties that will have a demonstrable impact on the affected property.
§ 275-23 Incentive Zoning District (IZ).
A.
Intent. The Village Board finds that in addition to existing powers and authorities to regulate by planning and zoning, including authorization to provide for the granting of incentives or bonuses pursuant to other enabling law, the Village Board is hereby empowered, as part of Chapter 275 of the Village Code, to provide for a system of zoning incentives, or bonuses, as the Village Board deems necessary and appropriate consistent with the purposes and conditions set forth in this section.
B.
Purpose. The purpose of these regulations of incentive, or bonus, zoning shall be to advance the Village's specific physical, cultural and social policies in accordance with the Village's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques. The system of zoning incentives or bonuses shall be in accordance with the meaning of § 7-703 of Article 7 of the New York Village Law, as may be amended from time to time.
C.
Authority. This authority may be used by the Village Board to assist in implementing the following planning objectives:
(1)
To protect highly valued ecological resources, geological features and environmentally sensitive areas.
(2)
To protect active farmland operations.
(3)
To preserve greenways and important open spaces, and provide access to trail corridors.
(4)
To preserve historic and/or archaeological resources.
(5)
To protect high-quality scenic resources.
(6)
To secure important public works improvements which would not otherwise be provided to planned development areas of the community and which are in excess of that necessitated by immediate project demand.
(7)
To provide a more desirable environment than what would be possible throughout the strict application of existing zoning regulations.
D.
Districts designated for incentives. The Village Board shall have the authority to designate incentives in all zoning districts of the Village of Hilton.
F.
Community benefits or amenities. The following community benefits or amenities may, at the discretion of the Village Board, be accepted in exchange for an incentive identified in Subsection E above. These community benefits may be either on or off the site of the subject application, may involve one or more parcels of land and may be situated in any district, unless otherwise specifically limited in this section and will be in addition to any mandated requirements pursuant to other provisions of the Village of Hilton Code and any other applicable law or regulation.
(1)
Agricultural conservation, open space, scenic, ecological, historic or other permanent conservation easements.
(2)
Donation of land in fee simple for either conservation or community benefit purposes.
(3)
Construction of recreation amenities, serving a Village-wide need, accessible to the general public, above and beyond that required elsewhere in the Village Code.
(4)
Construction or improvement to public work facilities which are above and beyond that required to mitigate proposed impacts in accordance with the Village Code and the State Environmental Quality Review (SEQR) regulations.
(5)
Preservation and improvement of historical or cultural sites or structures.
(6)
Provision of shared driveways, cross-access easements or access and service streets, internal circulation systems or interconnected parking.
(7)
Other facilities or benefits to the residents of the community, as determined by the Village Board.
(8)
Any other combination of the above-listed community benefits or amenities.
G.
Criteria for approval. Applications for incentives in exchange for amenities shall be submitted in writing to the Village Board. In order to preliminarily evaluate the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be provided by the applicant:
(1)
Sketch plan.
(a)
A sketch plan which:
[1]
Includes the following information:
[a]
Zoning classification and required setbacks.
[b]
Lot lines.
[c]
Land features, including environmentally sensitive features such as streams, wetlands, floodplains, steep slopes, tree cover, etc.
[d]
Land use(s).
[e]
Utilities.
[f]
Existing and proposed development, including buildings, pavement and other improvements, including setback dimensions.
[g]
Location and nature of all existing easements, deed restrictions and other encumbrances.
[h]
Property owners' names and tax account numbers for all property within 200 feet of the property lines of the proposed project or such other distance as may be specified by the Village Board.
[2]
Show how the site will be developed with the amenity, if it is on-site, and the incentive being requested.
(b)
If the incentive will result in a structural height increase, the applicant shall submit an elevation drawing, at a scale of 1/4 inch equals one foot, which shows the height permitted by district regulations, the proposed additional height, other principal structures on site and on adjacent properties and their heights, as well as property line locations.
(c)
If the incentive will result in a setback or open space reduction, the drawing shall show this reduction in relation to the principal structure on site and on adjacent properties, as well as property lines.
(d)
The Village Board, in its discretion, may waive any or all of the above-listed sketch plan requirements. Notwithstanding any such waiver granted by the Village Board relative to the sketch plan required for the incentive zoning application, all site plan requirements shall remain in full force and effect relative to any required Zoning Board of Appeals approvals.
(2)
The value of the proposed amenity.
(3)
Narrative. A narrative which:
(a)
Describes the benefits to be provided to the community by the proposed amenity.
(b)
Provides preliminary indication that there are adequate sanitary sewers, water, transportation, waste disposal and fire protection facilities to accommodate additional demands, if any.
(c)
Explains how the proposed amenity promotes implementation of physical, environmental or cultural policies articulated in proposed plans.
(d)
Describes the requested incentive and its value.
(e)
Describes the manner in which any common areas are to be owned and maintained, including open space, streets, lighting and other considerations relevant to the proposal.
(f)
Describes any covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(4)
The applicant shall also submit such additional information and plans as may be required by the Village Board, which, in its judgment, are necessary in order to perform a thorough evaluation of the proposal.
(5)
The Village Board, in its discretion, may waive any or all of the above-listed submission requirements.
H.
Initial review and consideration. All applications for incentive zoning shall commence with a written proposal to the Village Board which sets forth the criteria listed in Subsection G above. The Village Board shall review the proposal and inform the applicant whether or not the proposal is worthy of further consideration.
I.
Zoning Board of Appeals review. The Zoning Board of Appeals will review the proposal and report to the Village Board with its evaluation of the adequacy with which the amenity(ies)/incentive(s) fit the site and how they relate to adjacent uses and structures. The Zoning Board of Appeals' review shall be limited to the impact of the proposed incentive zoning on the planning design and layout of the project and upon the projects' conformance with the Comprehensive Plan and other planning documents unless otherwise requested by the Village Board. The Zoning Board of Appeals' report shall be submitted to the Village Board within 45 calendar days from the date of the Zoning Board of Appeals meeting at which the proposal is first placed on the agenda. This time period may be extended by the Village Board.
J.
Village Board preliminary review. The Village Board, upon its receipt of the Zoning Board of Appeals' report, will review the document and then notify the applicant as to whether or not it is willing to further consider the proposal and hold a public hearing thereon. For Village Board public hearings on incentive zoning requests, the Village Clerk shall give notice of the hearing in the official newspaper of the Village at least five days prior to the date of the hearing. If the Village Board decides to further consider the rezoning, the Village Board shall direct the applicant to apply for Preliminary Site Plan approval and may impose any necessary conditions. The Village Board, in completing a preliminary review and making a positive recommendation shall:
(1)
Determine that the proposal has adequate sewer, water, transportation, waste disposal and fire protection facilities to serve the on-site amenity and incentive.
(2)
Determine that the proposed amenity or amenities provide sufficient public benefit to justify the requested incentive or incentives.
(3)
Determine that there is approximate equivalence between potential affordable housing lost or gained.
(4)
Specify the amenity or amenities being provided, along with a detailed description of the incentive(s) being provided.
(5)
Directs the property owner to prepare a proposed incentive zoning agreement for review and acceptance by the Village Board at the time of incentive zoning approval.
K.
Preliminary site plan approval. Following the decision by the Village Board and subject to meeting all conditions imposed, the applicant shall submit a preliminary site plan for review and approval by the Zoning Board of Appeals in accordance with the requirements of the Village Code. Unless the Village Board determines otherwise, the Zoning Board of Appeals shall act as Lead Agency under SEQR and shall ensure compliance with all SEQR requirements including agency coordination and the issuance of a negative declaration prior to issuance of any preliminary site plan approval. Where the Zoning Board of Appeals decides to grant preliminary site plan approval, any approval by the Zoning Board of Appeals shall be subject to condition that incentive zoning approval be obtained and notation on the official zoning map be made within 180 calendar days following the issuance of said preliminary site plan approval.
L.
SEQR compliance and verification. All applicable requirements of the State Environmental Quality Review (SEQR) regulations shall be complied with as part of the review and hearing process. The assessment shall include verification that the zoning district in which the proposal is to be located has adequate sewer, water, transportation, waste disposal and fire protection facilities to serve the on-site amenity and incentive.
M.
Costs. Any applicant for incentives or bonuses shall pay the cost of preparing any environmental impact statement required by the Zoning Board of Appeals, the Village Board, this chapter, or 6 NYCRR Part 617, as amended, and such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.
N.
Village Board final review. Final review and decision by the Village Board will be guided by the following:
(1)
After receipt of conditional preliminary site plan approval from the Zoning Board of Appeals, including compliance and/or satisfaction with any additional conditions imposed, the applicant may request final incentive zoning approval from the Village Board by submitting such request together with a copy of the approved preliminary site plans, a copy of the Village Board's resolution from preliminary review, a copy of the Zoning Board of Appeals' SEQR resolution and supporting documentation, a copy of the Zoning Board of Appeals' preliminary site plan approval resolution, and a proposed incentive zoning agreement between the Village and the property owner.
(2)
The Village Board may issue incentive zoning approval by resolution adopting a local law for the incentive zoning if the Village Board determines that:
(a)
Doing so would be in the best interests of the Village.
(b)
The project is in compliance with all requirements of SEQR.
(c)
The amenities have been adequately defined and are sufficient to justify the granting of the requested incentives.
(d)
The incentive zoning agreement satisfies NYS law, Village of Hilton Code, and fully sets forth all aspects of the incentive zoning to be approved. Prior to notation on the official zoning map the incentive zoning agreement shall be recorded at the Monroe County Clerk's Office.
(3)
Unless otherwise provided, the provisions of the Village Law of the State of New York pertaining to public hearings, official notices and proper recording of zoning actions taken by the Village Board shall apply to all amendments to this chapter.
(4)
The Village Board may impose such conditions upon the final incentive zoning approval as it may deem appropriate to promote the health, safety, and welfare of the community.
(5)
Should the Village Board decline to approve the incentive zoning, any prior approval including preliminary site plan approval shall be declared null and void.
(6)
In no circumstances shall the Village Board be compelled to approve any incentive zoning proposal, such act being an absolutely discretionary legislative act.
O.
Coordination with other governmental agencies. The Village Board and Zoning Board of Appeals shall, before taking action, refer, where appropriate, the application to the Monroe County Planning Board for review and recommendation under the provisions of §§ 239-l and 239-m of the New York State General Municipal Law. Where said rezoning application affects property located within 500 feet of a municipal boundary, the Village Clerk shall provide notice of said action to the Clerk of the adjacent municipality. Following the hearings and in addition to compliance with all SEQR requirements, the Village Board and Zoning Board of Appeals shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to other Village Boards and officials for review and comment.
P.
Review and decision. In order to approve an amenity/incentive proposal, the Village Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. The Village Board shall, as part of their conditional approval, specify the amenity being provided, along with a detailed description of the incentive(s) being provided. Thereafter, the Village Board is authorized to act on an application for preliminary approval as provided for elsewhere in this section. In no circumstances may the Village Board be compelled to approve any incentive zoning proposal, such act being an absolutely discretionary legislative act. The Village Board may also impose such conditions upon its approval as it may deem appropriate to promote the health, safety and welfare of the community.
Q.
Final site plan approval required. Following approval of the incentive zoning by the Village Board and subject to meeting all conditions imposed, the applicant may submit a final site plan for review and approval by the Zoning Board of Appeals pursuant to Article V of this chapter.
R.
Notation on official Zoning Map. Upon final plan approval, the Village Clerk shall affix a reference to the Official Zoning Map that the development of this site was approved under the Village's incentive zoning provisions and include a reference to the date such action was taken.
S.
Cash payment in lieu of amenity. If the Village Board finds that a community benefit is not suitable on site or cannot be reasonably provided, the Village Board may require a cash payment in lieu of the provisions of the amenity. These funds shall be placed in a fund or capital project at the discretion of the Village Board to be used by the Village Board exclusively for amenities specified prior to acceptance of funds. Cash payments shall be made prior to the issuance of a building permit. Cash payments in lieu of amenities are not to be used to pay general and ordinary Village expenses. Cash payments may be directed to existing reserve funds, capital projects, other funds; or funds or projects to be created by the Village Board.