[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.
A.
The Planning Board shall consider evidence and facts
relating to:
(1)
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.
(2)
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.
B.
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[1] 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.
