Hilton City Zoning Code
ARTICLE IV
Special Permitted Use
§ 275-24 Purpose.
The purpose of the special use permit is to allow uses which meet the intent of the Zoning Ordinance, but which require certain conditions and review by a public body for the harmonious integration of that use into the community.
§ 275-25 Authorization to grant or deny.
A.
The specially permitted uses listed in the Zoning Law may be permitted, enlarged, or otherwise altered upon authorization by the Zoning Board of Appeals, in accordance with the standard and procedures set forth in this Article IV.
B.
The Zoning Board of Appeals shall require that all provisions of this article shall be complied with, but where it is deemed appropriate by the Zoning Board of Appeals, any of these provisions contained in §§ 275-24 through 275-26, inclusive, may be waived by the Zoning Board of Appeals based upon findings as set forth in the public record on said application.
C.
The Zoning Board of Appeals may impose, in addition to those standards specified by this chapter, any additional conditions which the Zoning Board of Appeals considers necessary to protect the best interests of the surrounding property, the neighborhood, or the Village as a whole. These conditions include increasing/decreasing, modifying or limiting any or all of the following items:
(1)
Lot dimensions.
(2)
Location within the lot.
(3)
Height of buildings.
(4)
Multimodal infrastructure such as sidewalks and bike parking.
(5)
Volume and type of traffic.
(6)
Location and number of vehicle access points.
(7)
Number of parking and loading spaces.
(8)
Number, size and location of signs.
(9)
Hours and days of operation.
(10)
Lighting.
(11)
Noise.
(12)
Waste disposal, toxic emissions, radiation.
(13)
Emissions of dust, smoke, odors and fumes.
(14)
Biking, fencing, screening, or landscaping, grading, driveway width.
§ 275-26 Application for special use permit.
A.
A property owner(s) or his agent(s) may initiate a request for a special use permit or the modification of a specially permitted use by filing an application with the Code Enforcement Officer. The application shall be accompanied by:
(1)
Statement of operations fully describing the nature and scale of the use, the land and facilities to be impacted, and the hours of operation.
(2)
A legal description of the property.
(3)
A map showing all properties within a radius of 200 feet of the exterior boundaries thereof.
(4)
Plans and elevations necessary to show the proposed development.
(5)
Other drawings or information necessary for an understanding of the proposed use and its relationship to surrounding properties.
§ 275-27 Standards governing specially permitted uses.
A specially permitted use shall comply with the standards of the zoning district in which it is located, except as those standards have been modified by the Zoning Board of Appeals when consideration has been given to the following:
A.
The proposed use shall be in harmony with the general purpose and intent of this chapter, taking into account the locations and size of use, the nature and intensity of the operations, and the access thereto.
B.
The establishment, maintenance or operation of the proposed use shall not be detrimental to the health, safety or general welfare of persons in the community or injurious to neighborhood property.
C.
Where a nonconforming use existed prior to the effective date of this chapter and there has been a requested change in use or in lot area or an alteration of structure.
D.
A special use permit shall become void one year after approval or after such time specified as a condition of approval, unless within that time the required building construction, alteration or enlargement is completed. The Zoning Board of Appeals may extend the permit for a period of one year after first holding a duly advertised public hearing. The initial date of reference shall be the date of the final site plan approval.
E.
The special use permit shall be void if the use shall cease for more than six months for any reason.
F.
The Zoning Board of Appeals may, in its concern for the community safety and welfare, place an expiration date on the permit at which time the established conditions shall be reviewed or appropriately modified for the renewal of the special use permit, or for sufficient cause the permit may be made void.
G.
The Zoning Board of Appeals, on its own motion, may revoke a special use permit for noncompliance of any condition set forth in the granting of said permit after first holding a duly advertised public hearing.
§ 275-28 Supplemental regulations pertaining to specific uses.
Where a special use permit is included within this section, the Zoning Board of Appeals may only approve a special use permit provided that the following standards and conditions are maintained:
A.
Accessory dwelling units.
(1)
Intent. It is the intent of the Village to provide housing opportunities for family members or others to live in a dwelling unit within the same building as the occupants of the principal residence.
(2)
Architectural design compatibility. Where the accessory dwelling unit is proposed as an addition to the primary building, the building shall be subject to the following design requirements.
(3)
Site design. Required setbacks and lot coverage of the zoning district shall be maintained.
(4)
Gross floor area. Gross floor area shall not exceed 35% of the principal dwelling or 700 sq. ft., whichever is less.
(5)
Height. The maximum building height for principal buildings established within the zoning district shall not be exceeded.
(6)
Allowable amount. No more than one accessory dwelling unit may be created on any single property.
(7)
Approval and expiration. The approval granted by the Zoning Board of Appeals shall be for a two-year period and may be renewed for the same period of time as long as the same conditions are in effect and the property owner continues to reside in one of the residences on the premises. If title to the property changes, the permit shall not be renewed and the new owner shall apply for a new special use permit prior to occupancy of the accessory dwelling unit. Should there be a substantial change in the conditions existing at the time of the approval of the special use permit, the permit shall become null and void.
(8)
Inspection required. An accessory dwelling unit is required to be inspected by the Code Enforcement Officer prior to the Village issuing a special use permit, prior to any approval of a request for renewal by the Zoning Board of Appeals and at the termination of the special permit.
(9)
Revocation. The Zoning Board of Appeals, on its own motion, may revoke a special use permit for noncompliance of any condition set forth in the granting of said permit after first holding a duly advertised public hearing.
B.
Adult uses.
(1)
Purpose and intent. The Village Board of Trustees recognizes that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the village, this article is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the Village and otherwise regulate their operation. Moreover, in light of the fact that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated, this article is intended to promote the health, safety and general welfare of the residents of the Village by regulating the concentration of such uses.
(2)
General restrictions.
(a)
Such adult use may only be permitted as a special use within the Light Industrial Zoning district.
(b)
No such adult use shall be allowed within 1,000 feet of another existing adult use.
(c)
No such adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned principally for residential use. This includes the Residential, Multiple-Residence, PRD, and PRD-S districts.
(d)
No such adult use shall be located within 1,000 feet of a pre-existing school, public park or place of worship.
(e)
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
(3)
Registration.
(a)
The owner of a building or premises, his agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the Village Clerk:
[1]
The address of the premises.
[2]
The name, address, phone numbers, and emails of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.
[3]
The name of the business or the establishment subject to the provisions of this article.
[4]
The names and addresses of the owner, beneficial owner of the major stockholders of the business or the establishment subject to the provisions of this article.
[5]
The date of initiation of the adult use.
[6]
The nature of the adult use.
[7]
If the premises or building is leased, a copy of said lease.
(b)
A processing fee for each such registration or amendment thereto shall be paid to the Village.
(c)
It is a violation of this article for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Village Clerk.
(4)
Severability. If any provision of any section of this article or the application thereof to any person or circumstance shall be adjudicated invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not effect or invalidate the remainder of any provision of any section of this article or the application of any part thereof to any other person or circumstance and to this end the provisions of each section of this article are hereby declared to be severable.
C.
Short-term rentals.
(1)
Intent. The purpose of this subsection is to control and regulate the use of short-term rentals within the Village. The provisions of this section are intended to preserve and protect the health, character, safety, and general welfare of the residential neighborhoods where such uses may exist and to mitigate the adverse effects of short-term rentals.
(2)
General regulations.
(a)
A short-term rental permit shall be valid for two years and must be renewed upon expiration as long as the unit is used as a short-term rental.
(b)
The short-term rental permit is not transferable to a new owner. The new owner of property subject to a short-term rental permit must file a new application in accordance with the terms of this section as if such property is not subject to a short-term rental permit.
(c)
There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(d)
Emergency evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detecting or other alarm device.
(e)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected monthly by the permit holders
(f)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway.
(g)
Exterior doors shall be operational, and all passageways to exterior doors shall be clear and unobstructed.
(h)
Electrical systems shall be inspected by a third-party electrical inspector to ensure no visual defects or unsafe conditions prior to the initial rental permit application.
(i)
All fireplaces shall comply with all applicable laws and regulations.
(j)
The maximum occupancy for each short-term rental unit shall not exceed two people per bedroom shown on the floor plan included with the application, and the maximum occupancy of any dwelling unit that is or contains a short-term rental shall not exceed 12 people total, based on the calculation of two people per bedroom and counting all existing tenants and residents of the dwelling unit plus the possible number of renters of the short-term rental.
(k)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any dwelling unit that is or contains a short-term rental unit exceed 12 people, based on the calculation of two people per bedroom and counting all existing tenants and residents of the dwelling unit plus the possible number of renters of the short-term rental.
(l)
Insurance and registration standards. All applicants and permit holders must provide an evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a short-term rental and maintain such insurance throughout the term of the short-term rental permit.
(m)
Provisions shall be made for weekly garbage removal during rental periods. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors and placed where they are not clearly visible from the road except around pickup time.
(n)
Rental contract. All applicants and permit holders must have a rental contract, which includes the following policies/statements:
[1]
Maximum property occupancy.
[2]
Maximum on-site parking provided.
[3]
Good neighbor statement stating:
[a]
That the short-term rental is in a residential area in the Village of Hilton and that renters must be conscious of the residents in neighboring homes;
[b]
A statement that guests must comply with the Noise Law of the Village of Hilton as set forth in Chapter 139 of the Code of the Village of Hilton;
[c]
All renters will be subject to New York Penal Law § 240.20 or any successor statute regarding disorderly conduct;
[d]
A statement that littering is illegal; and
[e]
A statement that all fires must be attended.
(o)
Upon the Code Enforcement Officer's acceptance of the completed permit application, all documents and information required by this section and the application fee, the Code Enforcement Officer shall have 30 days to conduct a property inspection to certify and approve that all short-term rental requirements have been met.
(3)
Application requirements. In addition to other applicable materials, applications for a short-term rental special use permit shall also include the following materials:
(a)
The signatures of all tenants and/or residents of the dwelling unit to which the short-term rental permit would apply and the signatures of all owners.
(b)
A copy of the current vesting deed showing how title to the subject property is currently held.
(c)
Permission for a property inspection by the Code Enforcement Officer.
(d)
An acknowledgement of present and ongoing compliance with the short-term rental standards as defined in this section, including, but not limited to, the demonstration of adequate off-road parking spaces for the dwelling unit with proposed short-term rental.
(e)
A list of all the existing property owners, tenants and/or residents of the dwelling unit that is or contains the short-term rental, including names, addresses, telephone numbers and email addresses of each.
(f)
The name, address, telephone number and email address of a contact person who shall be responsible, and authorized, to act on the owners' behalf to promptly remedy any violation of the standards outlined in this section. The contact person may be an owner or an agent designated by the owner(s) to serve as a contact person.
(g)
An accurate, suitable floor plan measuring at least 8.5 inches by 11 inches, drawn to scale, and certified by the applicant. The floor plan need not be prepared by a professional but must include the following:
[1]
The location of buildings and required parking.
[2]
Basement: to include house utilities, all rooms including bedrooms, windows and exits.
[3]
First floor: all rooms with exits, windows, bedrooms and any heating/cooling units.
[4]
Second floor: all rooms including exits, windows, bedrooms and any heating/cooling units.
[5]
Attic, if any: with all rooms including exits, windows, bedrooms and any heating/cooling units.
(h)
A statement that none of the owners of the subject property has had a short-term rental permit revoked within the previous year.
D.
Car washes.
(1)
Access. All vehicular access shall be from an arterial or collector street.
(2)
Contained operations. All machine washing and machine drying operations shall be conducted within a building.
(3)
Setback. The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street property line.
(4)
Residential uses protected. No washing, vacuuming, steam cleaning, waxing, polishing or machine drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of a residential district.
(5)
Required fencing. All lot lines abutting or adjacent to residential districts or uses shall be screened by a solid masonry wall or fence not less than four feet nor more than six feet in height.
(6)
Landscaping. Perimeter landscaped open space shall be provided in the front yard.
(7)
Surfaces. All entrance and exit lanes and parking areas shall be surfaced with an asphalt or portland cement binder pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation.
E.
Customary agricultural use. The Village Zoning Board of Appeals may approve a special use permit for the use of land and buildings for keeping of livestock, provided that, in addition to compliance with the general requirements contained in § 275-27, the following standards and provisions are met and maintained:
(1)
Lot size. Subject parcel meets dimension requirements of the zoning district.
(2)
Statement of operations. The Zoning Board of Appeals approves a statement of operations that includes:
(a)
Number and type of each livestock.
(b)
Hours of operation.
(c)
How livestock excrement will be handled to be no more objectionable to the users of nearby properties, by reason of odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions than would be the operation of any permitted use.
(d)
Fencing, setbacks, and buffers.
(e)
How bulk feed will be provided to the site.
(3)
Sketch plan showing location of buildings to house livestock and showing how such building minimizes impact to nearby properties.
(4)
The provisions in this section shall not apply to any generally accepted farm operation or practice within an established Monroe County Agricultural District.
F.
Kennel.
(1)
Setbacks. Shelters for animals within kennels shall not be closer than 30 feet to any street or property line.
(2)
Space. Dogs shall be provided with the minimum space required by the Animal Welfare Act and provided by the NYS Department of Agriculture and Markets.
(3)
Outdoor areas. No outdoor area for the use of animals shall be permitted within a front yard. Outdoor areas for the use of animals may be permitted in the side and rear yard so long as they meet the minimum building setback and are provided with a solid fence capable of reducing noise.
(4)
Wastes. Adequate provisions are made for disposing of animal waste.
(5)
Statement of operations. Applicants shall provide a statement of operations detailing how impacts to the surrounding community will be minimized.
(6)
Nuisances. All noise and odors shall not become a nuisance to adjacent property owners.
H.
Smoke and vape shops.
(1)
Location.
(a)
No smoke and vape shop shall be permitted within 1,000 feet of another smoke shop.
(b)
No smoke and vape shop shall be permitted within 1,000 feet of a school, nursery school, day care, playground, public library, municipal park, or other similar uses where children regularly gather.
(c)
No smoke shop shall be permitted within 300 feet of the lot line of any lot zoned residential district.
(d)
No smoke shop shall be permitted within 200 feet of a house of worship.
(e)
Said distances shall be measured from property line to property line.
(2)
Existing smoke and vape shops. All smoke and vape shops covered under this chapter and in existence at the time it is enacted shall be deemed to be preexisting nonconforming and shall be issued a certificate of conformity from the Building Inspector provided that:
(a)
The owner and/or operator is not in violation of Chapter 275 or any other provision of the Village of Hilton Code of Ordinances.
(b)
The owner and/or operator has operated its smoke and vape shop in compliance with its business plan on file with the Village or any other prior approvals to operate.
I.
Vehicle rental, leasing, and sales.
(1)
Residential district setback. No vehicle rental, leasing, and sales area shall be located within 50 feet of any residential district boundary line.
(2)
Surfaces. Vehicle storage areas shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system.
(3)
Storage of materials. All storage of material, merchandise and equipment shall be within the principal building, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.
(4)
Outdoor display. Outdoor display of vehicles shall be set back a minimum of 20 feet from all lot lines abutting residentially zoned property. Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned property.
(5)
Landscaping. Perimeter landscaping shall be a minimum of 10 feet along the street frontage(s).
(6)
Office. An office structure to serve the operation shall be located on the same lot.
(7)
Wrecked vehicles. No partially dismantled or wrecked vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
§ 275-29 Notification.
The Zoning Board of Appeals shall notify the applicant for a special use permit, in writing, of the Zoning Board of Appeals action within five days after the decision has been rendered.
§ 275-30 Appeal.
A.
The applicant or any interested person may appeal a decision of the Zoning Board of Appeals to the NYS Supreme Court as provided for in the statutes of the State of New York.
B.
An appeal from the action of the Zoning Board of Appeals shall automatically stay the issuance of the building or other permit until such appeal has been completed.