[HISTORY: Adopted by the Clarkson Town Board 11-12-1968. Sections 65-1, 65-3, 65-4, 65-5, 65-6, 65-8, 65-9 and 65-10 amended and § 65-11 added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]
Areas within the boundaries of the Town of Clarkson may be used for the location of farm labor housing on approval of the Planning Board after application made thereto pursuant to the procedures specified for obtaining a special permit as contained herein and under the conditions listed below.
Such uses may be granted to bona fide farmers for the housing of farm labor necessary to the operation of farms owned, leased or managed by the applicant.
The application shall be in writing, describing the size and location of the farm or farms, past, present and future farm operations and the nature thereof, and it shall be accompanied by a detailed sketch or map, drawn to scale, showing the location of the proposed housing units on the farm; other farm buildings; buildings on neighboring properties within 1,000 feet; proposed water, sewage and drainage facilities and available public utilities; and the size and description of proposed buildings.
The Planning Board shall consider evidence and facts relating to:
The health, safety, morals and general welfare of the Town of Clarkson and the area surrounding the proposed housing complex, and the proposed housing complex area.
The necessity of the housing for operation of the farm; requirements and copies of certificates of approvals of federal, state and county departments having jurisdiction over farm labor or migrant labor housing; that the use proposed will not alter nor impair the essential use of adjacent property or the locality.
The Planning Board may adjourn its hearing and may make a site and facility inspection if it so desires.
Such permit may not be assigned.
The Planning Board may impose reasonable conditions based on facts applicable to each application, and if the applicant violates any condition or the terms of this chapter or any permit granted pursuant thereto, the Planning Board may, after public hearing on proof thereof, revoke the special permit.
Buildings and facilities may be portable or permanent and must be of a type or nature approved by the appropriate federal, state and county departments having jurisdiction thereof. Buildings proposed need not comply with other provisions of the Zoning Ordinance or other Town ordinances relating to size and type of buildings or construction thereof if the buildings proposed are approved by the appropriate county and state departments having jurisdiction over farm or migrant labor. Such buildings may not be used for human habitation whatsoever except under the terms of this provision and with a proper permit.
Any public hearing held pursuant to this chapter shall be duly advertised, and written notice shall be mailed to the owners of adjoining property and all owners of property within a radius of 1,000 feet from the proposed housing site. Notice shall be given to appropriate federal, state and county agencies as the Planning Board may from time to time direct. Failure of an owner to receive notice shall not invalidate any hearing or permit.
No housing site shall be relocated nor expanded without permission of the Planning Board.
The application for the special permit shall be accompanied by a fee as set forth from time to time by resolution of the Town Board, and renewals of the permits shall be charged a fee as set forth from time to time by resolution of the Town Board. Building permits shall be required for all buildings erected.
A violation of this chapter shall be declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such ordinance or regulation shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.