It is the intent of this chapter to use special permits to control
the impact of certain uses upon areas where they could be incompatible
unless conditioned in a manner suitable to the particular location.
Pursuant to Village Law § 7-725-b, the Hancock Village
Planning Board shall administer the review and granting of special
permits.
A.
Applications for special permits shall be made to the Code Enforcement Officer. A completed application shall include a site plan prepared in conformance with Article VIII. The Code Enforcement Officer shall act to certify the application as complete or return it to the applicant for completion within 10 days of submission. The Code Enforcement Officer shall forward a certified application to the Planning Board no later than 10 days prior to its next meeting.
[Amended 9-14-1992 by L.L. No. 4-1992; 7-19-1993 by L.L. No.
2-1993]
B.
Required referrals.[1]
(1)
Whenever
any special permit applies to real property in an area as described
by § 239-m of the General Municipal Law, said special permit
application shall be referred to the Delaware County Planning Board,
which Board shall report its recommendations back to the Village Planning
Board within 30 days. Failure of the County Planning Board to report
within 30 days may be construed to be approval.
(2)
As
required by § 239-nn of the General Municipal Law, notice
shall also be given to an adjacent municipality (town or village)
whenever a public hearing is held by the Planning Board regarding
a proposed special permit use on property that is within 500 feet
of such adjacent municipality. Such notice shall be given by mail
to the clerk of the adjacent municipality at least 10 days prior to
any such hearing. Such adjacent municipality may appear and be heard.
C.
The concurring vote of a majority plus one of the Village Planning
Board shall be necessary to override County Planning Board recommendations
of approval with modifications or disapproval.
D.
The Village Planning Board shall schedule a public hearing on an
application for a special permit. Such hearing shall be held within
62 days of submission of a certified application. Within 62 days of
the hearing, or within 62 days of submission of a certified application
if no hearing is held, the Planning Board shall render a decision
granting, granting subject to conditions or denying the permit. The
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Board.
[Amended 7-19-1993 by L.L. No. 2-1993[2]]
E.
The Village Planning Board shall keep a factual record of all its
proceedings involving the granting of a special permit. The decision
of the Planning Board shall contain the reasons for its decision.
A copy of the decision shall also be filed with the County Planning
Board if it reviewed the proposal.
[Amended 9-14-1992 by L.L. No. 4-1992[1]]
As is provided by § 7-725-b of the Village Law, the
Code Enforcement Officer shall refer any request for a special permit
to the Planning Board for its review and approval. In authorizing
such permit, the Planning Board may set conditions consistent with
the following standards:
A.
The use shall be of such location, size and character that it will
not be detrimental to the orderly development of the district in which
it is situated and will not be detrimental to the orderly development
of adjacent districts and uses.
B.
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection therewith, its site
layout and its relation to streets giving access to it shall be such
that traffic to and from the use and the assembly of persons in connection
with it will not be hazardous to the neighborhood. In applying these
standards, the Board shall consider, among other things, convenient
routes of pedestrian traffic, particularly of children, relation to
main traffic thoroughfares and to street and road intersections and
the general character and intensity of development of the neighborhood.
C.
The location and height of buildings, the location, nature and height
of walls and fences and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
proper development and use of adjacent land and buildings or impair
the value thereof.
A home occupation shall be permitted in a residential district
only if it complies with the following conditions:
A.
Evidence of use. Such use does not display or create outside the
building any evidence of the home occupation, except that one nonilluminated
wall or window or freestanding sign, having an area of not more than
two square feet, shall be permitted.
B.
Extent of use. Such use is clearly incidental and secondary to the
use of the dwelling unit for residential purposes and does not utilize
more than 50% of the gross floor area of the dwelling or its accessory
buildings.
C.
Off-street parking. Off-street parking shall be provided for all
clients, customers or patients in the side or rear yard. Such off-street
parking shall be located at least 10 feet from any side or rear property
line, shall be paved, screened or fenced as required and shall be
so lighted that there will be no direct light into adjacent properties
or streets.
D.
Number. No dwelling shall include more than one home occupation.
A structure may be built or converted for group home, retirement
home, church or cemetery use only when the Planning Board determines
that:
A.
Lot area and building coverage are such as to permit the proposed
use without interfering or conflicting with adjoining residential
uses.
B.
Any sign required shall be in accord with the provisions of this
chapter.
C.
An adequate and properly located and designed parking area is available
to serve the needs of the proposed use.
For multiple-family conversion of existing residential structures
to three- and four-family use, the Planning Board shall determine
that:
Campgrounds shall be permitted in the R1 Residential District,
subject to the following conditions:
A.
Campgrounds shall be occupied by travel trailers, motor homes, camping
trailers, recreational vehicles and tents intended for vacation and
recreation purposes. The removal of wheels and placement of a unit
on a foundation in a campground is prohibited.
B.
Minimum site area: 15 acres.
C.
Each campsite shall be at least 2,500 square feet in area and have
a minimum width of 40 feet.
D.
Not more than 10 travel trailers, campers, tents, recreational vehicles
or motor homes per acre.
E.
A campground shall have a minimum of 150 feet of frontage on a public
street, and both the entrance and exit from the campground shall be
onto the public street.
F.
Conditions of soil, groundwater level, drainage and topography shall
not create hazards to the property or the health or safety of the
occupants.
G.
Management and recreational facilities, toilets, dumping stations,
showers, laundries and other uses and structures customarily incidental
to the operation of campgrounds are permitted as accessory uses to
the campground. Commercial establishments shall be permitted as accessory
uses in campgrounds subject to the following restrictions:
I.
Streets shall be constructed with a stabilized travelway which shall
meet the following width requirements:
J.
Entrances and exits to campgrounds shall be designed for safe movement
of traffic into and out of the campground and all campground traffic
should be through such entrances and exits.
K.
Adequate lighting shall be provided for the campground. All utilities
shall be underground.
L.
All applicable sanitation requirements of the State Sanitary Code
shall be met.
M.
Each building or structure shall meet the setback requirements of
the R1 District. Each travel trailer, motor home, recreational vehicle,
tent or camping vehicle and the motor vehicles carrying or propelling
the same may be located not closer than 15 feet to any side or rear
lot line nor closer than 60 feet to any front lot line.
The creation, expansion, extension or alteration of all mobile
home parks shall be in accord with the following minimum requirements:
A.
A mobile home park shall be located and maintained only in those
districts as permitted in this chapter and in accord with the standards
therein.
B.
All existing mobile home parks of record shall be exempt from this
chapter, except that they shall comply with them whenever any addition,
expansion or alteration of the use of operation is proposed and that
they shall be required to obtain an initial and annual operating permit.
All existing mobile home parks shall be limited to the number and
size of mobile homes presently accommodated at the time of adoption
of this chapter, except as they shall meet the minimum requirements
set forth herein. In addition, existing parks shall comply in every
regard with the minimum standards for health, sanitation and cleanliness.
C.
A mobile home park shall have a minimum lot size of two acres.
D.
Within the mobile home park, a minimum lot size for individual mobile
homes shall be 5,000 square feet as per New York State Health Department
requirements; and within the individual mobile home lot, minimum yard
requirements shall be as follows:
E.
F.
Utility and fuel installations.
(1)
All wiring, fixtures and appurtenances shall be installed and maintained
in accordance with state law and with the specifications and regulations
of the New York State Electric and Gas Corporation. Whenever possible,
electrical transmission and other utility lines shall be placed below
ground and shall be in compliance with Public Service Commission guidelines.[2]
(2)
Fuel tanks, where used, shall be placed at the rear of the mobile
home and at a distance of at least five feet from any exit and shall
have a safety shutoff at the tank. Underground tanks or a centralized
fuel supply system are to be encouraged wherever possible.
G.
Roadways. No individual mobile home within a mobile home park will
have direct access to an existing street. Internal roadways within
a mobile home park shall have a minimum right-of-way of 35 feet and
a minimum paved or stone course of 20 feet. There shall be no dead-end
streets in any park, although a cul-de-sac or Y-turnaround may be
provided.
H.
Off-street parking. One off-street parking space shall be provided
for each mobile home lot in the mobile home park outside the thirty-five-foot
right-of-way and otherwise comply with off-street parking requirements
as set forth elsewhere in this chapter.
I.
Improvements.
(1)
Each mobile home owner/tenant shall be required to enclose the bottom
portion of the mobile home with a metal, wood or other suitable skirt,
properly ventilated, within 60 days after location in the mobile home
park. Notification of such requirement shall be responsibility of
the mobile home park operator.
(2)
Sidewalks, lighting and landscaping shall be in keeping with surrounding
development, the unique features of the site and the health and safety
of the occupants of the mobile home park. Attractive site development
and landscaping shall be a consideration in determining the adequacy
of the proposed mobile home park.
J.
Tiedowns required. Each mobile home shall be secured to a concrete
pad with at least three over-the-top tie-downs and frame tiedowns
at no fewer than six points, designed so as to secure the mobile home
against uplift, sliding, rotation and overturning.
K.
Permits. No mobile home park shall be established in the Village
until a permit has been applied for and granted in compliance with
this chapter. In addition, all permits for the operation of a mobile
home park shall be approved by the Village Board of Trustees after
referral to and recommendation by the Code Enforcement Officer and
Planning Board. All operating permits shall be effective until December
31 of the calendar year of their issuance. An application for a renewable
operating permit shall be made to the Village Clerk 30 days prior
to the expiration date of the previous permit. Upon recommendation
of the Planning Board and Code Enforcement Officer, the Board of Trustees
shall issue or deny such permit in accord with the requirements set
forth in this zoning law and such other applicable regulations as
may be established by the Village.
[Amended 9-14-1992 by L.L. No. 4-1992]
A.
The following information shall be submitted as part of the application
for site plan approval and the special use permit for drive-in facilities
in addition to that information required in other sections of this
chapter.
B.
All drive-in facilities shall be a minimum of 200 feet from other
such businesses, which distances shall be computed as follows:
(1)
For such businesses on the same side of the street, 200 feet between
the two closest property lines.
(2)
For such businesses on opposite sides of the street, 200 feet measured
diagonally between the two closest property corners.
(3)
For four-corner intersections, one such business may be located on
diagonally opposite corners, exclusive of the two-hundred-foot distance
requirement.
C.
All drive-in facilities shall provide suitable storage of trash in
areas which are so designed and constructed as to allow no view of
the trash storage from the street, to prevent wastepaper from blowing
around the site or onto adjacent properties or public right-of-way
and to permit safe, easy removal of trash by truck or hand.
D.
Access
to site.
(1)
The minimum distance of any driveway to the property line shall be
15 feet.
(2)
The minimum distance between driveways on the site shall be 65 feet
measured from the two closest driveways' curbs.
(3)
The minimum distance way into the site from a street intersection
shall be 30 feet, measured from the intersection of the street right-of-way
to the nearest end of the curb radius.
(4)
Drive-in facilities adjacent to or integrated in a shopping center
or cluster of commercial facilities shall use the common access with
other business establishments in that center.
E.
Exterior lighting proposed for the site shall be planned, erected
and maintained so it will not cast direct light or glare upon adjacent
properties or public right-of-way. The light source shall not be higher
than 20 feet.
F.
Landscaping and fencing shall be provided to minimize visual unattractiveness
and minimize conflicts with adjacent land uses.
A.
B.
Restaurants, cafeterias, swimming pools, newsstands, barbershops,
hairdressers, gift shops and other personal service shops for the
convenience of guests may be permitted as accessory uses. With the
exception of an identifying sign for the restaurant, no external evidence
of these internal commercial activities is permitted.
[Amended 9-14-1992 by L.L. No. 4-1992]
The provisions of the New York State Junkyard Law (General Municipal
Law § 136) are hereby adopted by reference and shall apply
to all junkyards as defined in General Municipal Law § 136.
[Added 10-27-2004 by L.L.
No. 2-2004]
A.
Introductory provisions.
(1)
Authority. The Municipal Clerk is hereby authorized to review
and approve, approve with conditions, or disapprove annual unregistered
motor vehicles permit applications within the Village in accordance
with the standards and procedures set forth in this section.
(2)
Title. This section shall be known as the "Village of Hancock
Unregistered Motor Vehicle Local Law." This section is adopted pursuant
to the authority granted the municipality in § 10 of the
Municipal Home Rule Law and in § 4-412(1) of the Village
Law.
(3)
Purpose. The purpose of this section is, through the annual
regulation of unregistered motor vehicles, to promote a clean, wholesome,
and attractive environment; protect the community from potential hazards
to property and persons; protect water resources; preserve the aesthetic
qualities of the municipality and prevent depreciation of the property
on which an unregistered motor vehicle is located and the property
of other persons in the neighborhood and the community.
(4)
ANTIQUE MOTOR VEHICLE
APPLICANT
CLASSIC MOTOR VEHICLE
DRAINAGE
EASEMENT
FLOOD HAZARD
MOTOR VEHICLE
STRUCTURE
WATER BODY
WATERCOURSE
WATER, GROUNDWATER
WETLANDS
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to, or will be maintained in or restored to, a condition
which is substantially in conformance with the manufacturers' specifications.
The person(s), corporation, agency, or other legal entity
responsible for submitting unregistered motor vehicle applications
for review by the Municipal Clerk.
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which because of
discontinued production and limited availability is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturers' specifications
and appearance.
A system of swales, ditches, and culverts, catchbasins and
piping to convey stormwater runoff to retention areas and stabilized
discharged points.
The right to use the land of another, obtained through the
purchase of use rights from a landowner, for a special purpose consistent
with the property's current use.
Area of land within a community subject to a one-percent
or greater chance of flooding in any given year. Also commonly referred
to as "base floodplain" or "one-hundred-year flood area."
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways, including, but
not limited to, automobile, bus, trailer, truck, tractor, motor home,
motorcycle, and mini-bicycle. This term shall also include an all-terrain
vehicle or snowmobile.
Anything constructed or built, any edifice or building of
any kind, which requires location on the ground or is attached to
something having a location on the ground, including, but without
limitation, swimming pools, covered patios, towers, poles, sheds,
signs, tanks, etc., excepting outdoor areas such as paved areas and
walkways.
Any natural or man-made body of water, such as a pond, lake,
wetland or wet area, which does not necessarily flow in a definite
direction or course.
A channel in which a flow of water occurs either continuously
or intermittently.
The water that infiltrates into the ground, accumulating
and saturating the spaces in earth material.
Lands and submerged lands commonly called "marshes," "swamps,"
"sloughs," "bogs," and flats supporting aquatic or semiaquatic vegetation.
B.
Unregistered motor vehicle permit.[1]
(1)
Permit required. No person shall store an unregistered motor
vehicle on property in the Village unless a permit has first been
issued for such unregistered motor vehicle pursuant to this section.
Only one unregistered motor vehicle permit will be given to an individual
regardless of the number of parcels of land an individual owns, rents
and/or leases or jointly owns, rents and/or leases. Two or more individuals
cannot each store an unregistered motor vehicle on a parcel or on
a group of parcels owned, rented or leased by either individual.
(2)
Prior existing unregistered motor vehicles. Any person storing
an unregistered motor vehicle pursuant to this section shall apply
for a permit within 60 days of the effective day of this section.
C.
Application procedure.
(1)
Application. An application for a permit under this section
shall be made in writing annually to the Municipal Clerk on forms
provided by the Municipal Clerk and be filed with the Municipal Clerk.
The application shall be signed by the applicant(s) and the property
owner(s), if different from the applicant.
(2)
Application fee. The annual permit fee shall be set at the annual
organizational meeting of the governing board and paid at the time
of the application and annually thereafter in the event of renewal.
If the application is not granted, the fee shall be returned to the
applicant.
(3)
Unregistered motor vehicle application contents. Each person
applying for an annual unregistered motor vehicle permit shall complete
an application supplied by the municipality and provide the following
information:
(a)
A map of the property where the unregistered motor vehicle is
proposed for storage (an enlarged Tax Map is recommended);
(b)
The name and address of the applicant, the property owner's
name and address (if different from the applicant), and the real property
Tax Map number, and the names of the adjacent property owners;
(c)
Watercourses, lakes, wetlands, flood hazards, and/or any other
water bodies that are on the site;
(d)
All existing structures, including fences;
(e)
Roads and easements adjacent to, on or through said property;
(f)
Any proposed screening for the unregistered motor vehicle; and
(g)
A written agreement between the property owner and applicant,
if the owner and applicant are different than one another, that the
applicant can use the owner's property for storage.
(4)
Issuance of permit. Upon approval of the annual permit application,
and payment of the fee, the Clerk shall endorse a copy of the application
for the applicant's records and a copy for the municipality's records.
(5)
Waivers.
(a)
The Municipal Clerk may waive certain requirements of this section
if one or more of the following circumstances are met:
(b)
The Municipal Clerk shall state the grounds for any waiver granted
in writing and include it with the annual permit application information.
The waiver granted should be the minimum necessary to accomplish the
purpose.
D.
Exclusions.
(1)
The following conditions are hereby excluded from the definitions
of an unregistered motor vehicle.
(a)
(b)
Seasonal vehicles or machinery during their off season if kept
in a location not visible from any road, street, or highway, when
practicable, otherwise a seasonal use permit must be applied for and
received.
(d)
An antique or classic motor vehicles, which is being restored
under the conditions of a restoration permit.
(2)
Restoration permits.
(a)
Upon written application and a fee to be established by resolution
of the governing board, the Municipal Clerk shall issue a permit for
the open storage of one motor vehicle or one antique or classic vehicle
otherwise prohibited by this section, pending the making of such repairs
as are necessary to place this vehicle in condition for legal operation
for use on the public highway or for such use as it was originally
intended. Such permit shall be valid only for the vehicle and location
identified. Application for a restoration permit shall include the
following:
[1]
The name, address and telephone number of the applicant.
The applicant shall be the owner of the vehicle.
[2]
The name, address and telephone number of the owner
or tenant of the property where the inoperable, unregistered or junk
motor vehicle is stored. If the owner of the motor vehicle is not
the owner or tenant of the property where the vehicle is stored, written
permission from the owner or tenant of the property must accompany
this application.
[3]
The make, model, year of manufacture, serial number,
and color of the motor vehicle.
[4]
The most recent year of registration, state registration
in, plate number and registration number.
[5]
The expiration date of the most recent inspection
and serial number of the inspection sticker.
[6]
Identification of who will make the repairs and
the location where those repairs will be made.
[7]
Certification that the owner intends to restore
said motor vehicle within 12 months from the date of the application.
(b)
The motor vehicle shall be adequately supported and shall not
create a safety hazard while repairs are being made. Any violation
will result in the immediate revocation of the restoration permit,
and the vehicle shall be subject to the provisions of this section.
(c)
Permits shall be valid for 12 months and may be renewed for
a specific vehicle one time for a period of six months. A copy of
the restoration permit shall be affixed to the interior of the windshield
in order that the permit information is visible from the street.
(3)
Seasonal vehicle permit. Upon written application and a fee
to be established by resolution of the governing board, the Municipal
Clerk shall issue a permit for the open storage of one seasonal use
vehicle per property, subject to the following:
(a)
The vehicle shall be owned by one of the inhabitants of the
property.
(b)
The vehicle shall have a current registration and inspection
sticker permanently attached to the windshield.
(c)
The permit shall be issued for not more than 180 days.
(d)
The permit shall not be issued if the property has a restoration
permit issued for another vehicle.
E.
General considerations. To protect the clean, wholesome, safe and
attractive environment of the community, the Municipal Clerk shall
take the following factors into consideration in granting or denying
a permit:
(1)
Natural or artificial barriers protecting the unregistered motor
vehicle from view;
(2)
The nature and development of surrounding property;
(3)
Whether or not the proposed location will affect the public
health and safety by reason of offensive or unhealthy noise, odors
or smoke, or of other causes;
(4)
The proximity of flood hazards, groundwater supplies, and public
water supplies;
(5)
Local drainage patterns;
(6)
Proximity of the unregistered motor vehicle to established residential
or recreational areas;
(7)
Availability of other sites for the unregistered motor vehicle.
F.
Specific requirements.
(1)
Locating the unregistered motor vehicle (for outside storage).
The unregistered motor vehicle should be stored behind a large enough
structure on the property so that it will be kept from public view.
If this location cannot be used or the Municipal Clerk does not deem
this location appropriate, the next best location should be used.
(2)
Screening (for outside storage). To shield the unregistered
motor vehicle from public view, screening or covering the unregistered
motor vehicle may be required. Where the existing topography or natural
conditions effectively prohibit the public view of the unregistered
motor vehicle, this requirement may be considered met, discretion
is left up to the Municipal Clerk as to whether screening or covering
is appropriate.
G.
Administration and enforcement.
(1)
Enforcement officer. This section may be enforced by the Building
Inspector, the Code Enforcement Officer, or by any police officer
of the municipality. Said persons shall have the authority to enforce
the provisions of this section and to inspect premises within the
municipality as necessary for said enforcement. The enforcement officer
shall make periodic inspections of the municipality to insure that
all existing unregistered motor vehicles have permits and that the
requirements of this section are met.
(2)
Revocation of permit. The Municipal Clerk may revoke an unregistered
motor vehicle permit upon reasonable cause should the applicant fail
to comply with any provision of this section or any condition of the
permit. An applicant will be notified, in writing, if this should
occur and given the reasoning behind it.
(3)
Storing an unregistered motor vehicle without a permit. If the
enforcement officer shall find that an alleged unregistered motor
vehicle exists without the necessary permit, the enforcement officer
is hereby authorized, pursuant to Criminal Procedure Law § 150.20(3),
to issue an appearance ticket to any person whom the enforcement officer
has reason to believe has violated this section, and shall cause such
person to appear before the Village Justice.
(4)
Penalties and remedies.
(b)
Every such person shall be deemed guilty of a separate violation
for each week such violation, disobedience, omission, neglect, or
refusal shall continue.
(c)
The Municipal Board may also maintain an action or proceeding
in the name of the municipality in a court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of this section.
(5)
Abandoned motor vehicles. On notification by a property owner
that a motor vehicle has been abandoned on his/her property by other
than the owner, the owner's spouse, parents, children or entity in
which the owner has an ownership interest, the enforcement officer
may follow the procedures established in Vehicle and Traffic Law § 1224
to achieve the removal of the abandoned vehicles.
B.
Entrance and exit driveways shall have an unrestricted width of not
less than 25 feet and not more than 30 feet and shall be located not
nearer than 10 feet from any property line and shall be designed as
to avoid the necessity of any vehicle backing out into any public
right-of-way.
C.
No more than 10 licensed motor vehicles being serviced or repaired
shall be stored or parked outdoors for more than 48 hours, and these
shall be in areas effectively screened from all property lines. All
such vehicles shall be stored in a neat, orderly manner.
D.
All buildings shall be set back from the major or secondary street
line a distance of not less than 30 feet.
E.
Gasoline pumps shall be located not less than 20 feet from the street
line and not less than 30 feet from all other property lines.
[Added 9-19-1988 by L.L. No. 2-1988]
A.
A bed-and-breakfast, as defined in this chapter, shall be permitted
only when conducted in a dwelling by a resident owner or lessee thereof.
B.
Kitchen and dining facilities shall be limited to use by the resident
owner or lessee, occupants of the bed-and-breakfast and bona fide
guests but shall not be open to the general public. There shall be
no individual kitchen or dining facilities for any guest room.
C.
There shall be no change in the exterior appearance of the dwelling,
except for additional means of egress and fire escapes on the side
or rear where required by applicable law.
D.
There shall be no more than one rented sleeping room for each 1,000
square feet of lot area, with a maximum of 10 such rooms permitted.
E.
Each sleeping room for rent in a bed-and-breakfast shall be at least
100 square feet in area.
F.
One off-street parking space shall be provided for each rented sleeping
room. The Planning Board may require landscaping and screening around
the parking areas.
G.
One sign, not to exceed six square feet on one face, shall be permitted
to identify the establishment.
