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Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) _ p not Ite not use i|§(jSisT«iENT OF S T ^ use i|^iifir«iENTOFST^TE underlining to indicate new matter.
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JUN \ 3 2005 S^yC^f CLAY Town ^ MiSCELLANEOUb imm. & STATE RECORDS Local Law No. J ofthe year 2 0 ^ ^ ^ ^ ' ' " ^ '^^ P^^^«"' ^^apter 2g(p^^'^(jinjng Ordinance" of the Code of the Town of Clay and adopting a new Chapter 230, (Insert Title) entitled "ZONING" to the Code of the Town of Clay.
Be it enacted by the Town Board ^^^^^ (!\'a}ue of Legislative Body) of ^^^^ as follows: Town The purpose of this local law involves a complete change to the zoning text, titles, and the zoning map accordingly. SAID LOCAL LAW, ATTACHED HERETO AND MADE A PART HEREOF, READS AS FOLLOWS:
(If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/99) Page 1 of 3
(Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not appiicable.) 1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. _ I of 20 of the {/C6i3(o?^i^^ of ^Oay was duly passed by the Town Board on June 6th, 20 9^ , in accordance with the applicable (Name of Legislative body) provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of _was duly passed by the , . . on 20 , and was (approved)( not approved) (Name of Legislalive Body) (repassed after disapproval) by the , and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance with the applicable provisions of law.
3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Counfy)(City)(Town)(Village) of was duly passed by the on 20 ,andwas(approved)(notapproved) (Name of Legislative Body) (repassed after disapproval) by the . on 20 (Eleaive Chief Executive Offker") Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum andfinaladoption because no valid petition wasfiledrequesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (Counfy)(City)(Town)(ViIlage) of was duly passed by the . . on _20 , andwas (approved)( notapproved) (Name of Legislative Body) ' ' (repassed after disapproval) by the on 20 Such local (Eleciive ChiefExecutive Officer*) law was subject to pemiissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law.
* Elective ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chaiiperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-239 (Rev. 11/99) Page 2 of 3
5. (Cify local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ofa majorify of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the Counfy of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majorify of the qualified electors of the cities of said counfy as a unit and a majority of the qualified electors ofthe tovras of said counfy considered as a unit voting at said general election, became operative. (If any other authorized form offinaladoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph , above. V ^ / ' * /I v^y^^ ClerEof the county legislative body, City, Town or Village Clerk or officer designated by local legislative body
(Seal) Date: June 9th. 2005 (Certification to be executed by Counfy Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of localify.)
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto^.
Signature
Title Cify^f ^ l a y Town Village Date: June 9th, 2005 Dos-239 (Rev. 11/99) Page 3 of 3
Town of Clay
Clay, New York 13041
June 6. 2005
TOWD of Clay Zoning Code June 6,2005 Chapter 230 Table of Contents Page: §230.1 General Provisions 1 §230.2 Definitions 5 §230J Zone Districts 21 Conventional Districts §2303.A Residential Districts RA-100 Residential Agricultural 26 R-40 One-Family Residential 28 R-15 One-Family Residential 30 R-10 One-Family Residential 32 R-7.5 One-Family Residential 34 R-2F Two-Famity Residential 36 R-TH Town House District 38 R-Apt Apartment District 40 R-MHC Mobile Home Court 42 LuR Limited use for riverfront 44
Rec-1 Recreation 48 §2303.C Omce Districts 0-1 Neighborhood Office 52 0-2 Office 54
NC-1 Neighborhood Commercial 58 HC-1 Highway Commercial 60 RC-l Regional Commercial 62 LuC-1 Limited Use District for gasoline services 64 LuC-2 Limited Use District for restaurants 66 §2303. £ Industrial Districts 1- l Industrial 1 70 1-2 Industrial 2 72 S-1 Special Use 74
PDD Planned Development 76
HOV Highway 91 AFH Airport Fhght Hazard 94 Gas Trans Gas Transmission 95
General 96 Parldng & Loading 99 Signs 102 Non-conformities 111
Town Board 114
Zoning Board of Appeals 116 Planning Board 119 Special Permits 125 Office of Commissioner of Planmng and Development 133 prepared hy:
Howard Brodsky Communify Planning Consultant (315) 446-9444
Town of Clay Zoning Code 230,1 General Provisions A. Title This Local Law shall be known as the TOWN OF CLAY ZONING CODE (hereinafter called fhe Code and shall consist ofthe following text and the TOWN OF CLAY OFFICL\L ZONING MAP (hereinafter termed the "zoning map".) B. Enacting Clause The Town Board of the Town of Clay in the County of Onondaga in the State of New York, hereby ordains, enacts and publishes the Town of Clay Zoning Code and Official Zoning Map. C Purpose This law provides for regulating, controlling, and restricting the use and development of land and buildhigs within the Town of Clay m order to promote and protect, to fhe fullest extent reasonable the enviromnent ofthe Town and its public health, safety and general welfare in accordance with purposes outlined in applicable sections of New York State Town Law.
D Interpretation For purposes of interpretation and application, the provisions of this Code shall be deemed to be the specified minimum or maximum requirements necessary for the promotion ofthe public health, safety, comfort, convenience and general welfare, £ Confonnance with other Codes This Code shall not be construed, unless specifically stated, as superseding, hmiting, changing or suspending any law, ordinance, code or regulation still in effect regulating the safety, construction or sanitation of any building or structure. The New York State Fire Prevention and Building Code (NYSFPBC) is an example ofa major state regulation addressing identical or similar issues as this Zoning Code. As an exan5)le, this Zoning Code may allow a zero (0) foot setbackfi-omproperty line while fhe NYSFPBC requffes ten (10) feet or appropriate alternatives such asfireresistant materials. In such cases the NYSFPBC will be the prevailing requirement.
F Separability Clause Should any section or provisions of this Local Law or Code be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Code as a whole or any part thereof other than fhe part so decided to be unconstitutional or mvalid.
G Repeal Prior Zoning Codes and Local Laws Upon filing of tfais Local Law No. 1 of2005 in the office ofthe Secretaiy of State of New York "The Town of Clay, New York, Zoning Code, 1978" and all subsequent amendments thereto adopted by Ordinance or by iocal law be and the same hereby are REPEALED.
Town of Clay Zoning Code H Effective Date This Local Law No. 1 of2005 shall take effect immediately uponfilingin the office ofthe Secretary of State ofthe State of New YorL Violations and Penalties 1. A violation of this Chapter is hereby declared to be an offense, punishable by a fine not exceeding Two Hundred Fiffy ($250.00) Dollars or imprisomnent for a period not to exceedfifteen(15) days, or both. Such violation shall not be a crime and the penalty or punishment imposed shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Each week's continued violation sball constitute a separate additional violation.
2. Injunctive relief - hi case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of this Chapter, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, tise or division ofland, to restrain, correct or abate such violation, to prevent fhe occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
J. Application of Regulations Except as hereinafter provided:
1. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of fhe regulations herein specified for the district in which it is located. 2. No buildhig or structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of dwelling imits; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards,fi-ontyards, side yards or otiier open spaces than is herein specified for the district in which it is located or in regulations applicable to 2dl districts. 3. No part of a yard or open space required about any building or structure for the purpose of complying with this Code shall be included as part of a yard or open space similarly required for another building or structure.
4. Uses not permitted - All uses not specifically permitted in a district byrightor permitted upon issuance of a Site Plan or Special Pennit approval, shall be deemed prohibited in that district. A use not clearly addressed bytinsCode may have its status determined by an interpretation of fhe Commissioner of Planning and Development subject to appeal to fhe Zoning Board of Appeals or may be added to the Zoning Code by adoption ofa text amendment by the Town Board.
5. Existing buildings and uses - This Code shall not apply to an existing building or structure, nor to the existing use of any building, structure or land totiieextent it was legally established or legally used at the time of enactment of this Code. The terms of this Code shall applv to any subsequent change in use, alterations, extension or movement of a building or structure, and to any change in use ofland.
Town of Clay Zoning Code Pages 6. Types of zoning reviews - For purposes of general understanding, a permitted use or structure is allowed in a zone district and does not require discretionary review or approval by any town board. Pennitted uses may require a Building Permit or Certificate of Occupancy for certain activities. A Variance is a waiver of the applicable use or dimensional controls and requires Zoning Board of Appeals approval. Site plan or Special Permit reviews are for uses or structures which are allowed but due to their nature, necessitate discretionary board review; such review includes but is not limited to elements of size, site design, intensity of use and character. To determine type of review for a specific use or structure consult §230.3 Zone Districts, §230.4Suppiemental Regulations and 230.5 Administration. 7. Changes in Use - (Changes in Land Use) Properties and structures are anticipated by this Code to periodically change. Changes in ownership or simple occupancy will not normally require zoning code review or approval if there is no accompanying physical changes and if there are no changes in land use. A change in land use is a changefromone land use to another as defmed in this code (examples include: a retail store changed to an office, a warehouse changed to a wholesale use). Changes in land use require review and approval as required by this Code as if there was new or modified construction.
Town of Clay Zoning Code Blank page
Town of Clay Zoning Code Pages
accessory uses and structures - see separate definitions for use, accessory & structure, accessory animals - The Town Zoning Ordinance recognizes and addresses three basic categories of animal that are relevant to control within the scope and purpose ofthe Zoning Ordinance: domestic, farm and exotic or wild animals. domestic animals - are those species that have historically been bred to live with people and are commonly trained and associated with people's homes or places of work as pets or as "(non-farm) working companions"; these are dogs and cats. Other animals that have an historical presence as pets are some non-domesticated species that are maintained within glass tanks, cages or similar display containers and include tropicalfish,bh-ds, small reptiles (turtles,fi-ogs,lizards), and small rodents (hamsters, gerbils, mice and rats). Note: These non-domesticated animals are commonly availablefromretail pet stores and supplies andfoodfor their care is generally available in general merchandise outlets such as grocery or department stores.
farm animals - are those species that have historically and commonly been associated with agricultural uses as the production product (food, hides, fur, etc.) or as work animals directly related to agricultural process (hauling, plowing, etc.). Typical farm animals include horses, cows, chickens, sheep and pigs. Some species offishare also raised in aquaticfermssuch as: salmon, catfish and trout. An agricultural use may be devoted solely to animal breeding for sale and end use by others such as horses that are used for recreational purposes (racing,ridingor show).
exotic(wild) animals - are those species that are indigenous or non-indigenous wild animals captured or bred m captivity and typically are not acclimated throi^ selective breeding to regular human contact. Though individual animals of many species have been "domesticated" for such hinnan purposes as education (zoos, teaching facilities), entertainment (theater, circus shows) or even as pets, they are not considered to be domestic or farm animals. Examples include: large animals - monkeys, apes, lions, tigers, wolves, alHgators and boa constrictors. Small animals include:felcons,hawks, squirrels, racoons. Some animals such as ferrets may require fecial licensing from New York State to be sold or maintained as a pet. Due to the size, characteristics or nature of some of these animals they remain potentially harmfiil to humans and require special care and monitoring even when domesticated.
animal care/training facility - is a primary or accessory use where domestic (dog and cat) animals are temporarily present for non-medical care (grooming) or training programs such as dog obedience; conxpanion, seeing-eye, or rescue mstruction, or competitive skills activities O^unting, retrieving, racing). This land use may include sale of retail products and/or areas for shows. The definition EXCLUDES facihties for the boarding or breeding of animals.
animal boarding/breeding facility - is a primary or accessory use where domestic orfiirmanimals are harbored overnight for compensation and are provided with basic supervision and care (food, sleeping and waste disposal areas). Common examples of this use include dog breeders and private or public horse stables. This land use may include facilities and area for groommg, training,riding,or shows.
apartment - is a dwelling imit in a multiple family dwelling or mixed-use occupancy building. apartment building -see dwelling, multiple femily assisted living facility - see nursing home/assisted living facility auto body repair - see motor vehicle sales, service and rental
Town of Clay Zoning Code bank-credit union - see retail use bed & breakfast residence - a type of home occupation in an owner-occupied single family residence offering overnight lodging for guests or tourists and may include dining facilities Hmited only to the overnight guests. buffer - see perimeter landscape strip buildable area -tiiearea within a lot eligible to be built upon or occupied by structures and/or land use activities that is bounded and established by the requiredfront,side and/or rear building lines set forth in the zone district requirements or supplemental regulations.
building - a type of structure wholly or partially enclosed within exterior walls and a roof to be used for sheltering people, animals, property, business or other activities. Structures divided with interior walls extending from the foundation through to the roof shall be generally be considered separate buildings. Common examples include: houses, garages, factories, bams, and mobile homes. Fences, signs and temporary structures such as tents are not buildings.
buOding line - a line or lines detennined by zone district setback requirements, parallel to the property lines and establishing the closest points that a structure may be placed withm a property.
building line width - see - lot width building product sales, stor^e and display - a retail or wholesale use where lumber, construction supphes and similar products are sold, displayed for sale or stored. Materials may be stored and activities may be conducted in exterior open areas bulk storage - the commercial development ofland to be used or occupied by structures, equipment, vehicles or storage areas designed to hold and distribute large quantities of materii. Examples include petroleum products, fuels and potentially hazardous chemicals.
ceil tower - see utility substation cemetery - land improved and maintained for the interment of human or animal remains and may include interment structures such as mausoleums, administrative and maintenance structures and facilities for conducting funeral services but excludes facilities for the cremation of human or animal remains.
conununication tower - see utility substation community center - a facility under the direct supervision and control of a charitable, religious, social service or similar not-for-profit civic organization designed and used as a place of assembly for religious, social, recreational or educational programs and meetings for the general public. A center may contain incidental food facilities. It shall exclude private clubs; and any facilities to house or lodge ovemi^t guests.
comprehensive planning - the processes engaged in and developed by the Town to formulate and/or implement immediate and long range objectives for the enhancement and development of the Town. These processes include the accumulated case actions, analyses, policies, studies, reports with or without maps and may or may not be formally adopted by the Town.
consolidation - is fhe combining of one or more parcels ofland. See also subdivision
Town of Clay Zonmg Code contractor's service yard - land or structures serving as the base of operations for a building trades contractor, a trucking or heavy equipment operators or similar professions. Examples include: irrigation and well drilling services, plumbing contractor, or landscape contractors. Such uses may include: related offices; storage areas for equipment, materials and job-site trailers; and service areas for equipment. This use excludes on-site retail or wholesale sales, or the storage and/or servicing of merchandise, vehicles or equipment unrelated to the contracting business.
corner lot - see - lot, comer crematory - a building with incinerators or fimiaces used to reduce human or animal remains to a dust or gravel- like materiaL The use shaU exclude space for the storage or burial of remains, (see also cemetery) cropland - land without any buildings used for the commercial production of agricultural products such as com, wheat, vegetables, omamental plants, orfinait.It may include minimal improvements and/or structures such as ^ fences or irrigation systems.
dance studio - see instructional fecility day care center - A land use in which care and supervision of [at three (3) or more] minors (children) or dependent adults is provided on a daily or regularly programmed basis outside of their place of residence. Care for each person is for less than a twenty-four (24) hour period and may occur during any part of a day. Examples of activities which are day care facilities under this Code include: nursery schools, pre-school programs, after school programs or day care centers, senior day care facilities.
^ district, zone - see zone district drive-in service - an accessory or primary land use that is a facihtyfromwhich customers conduct any business, w secure consumer goods or services, and such goods and services are dispensed for use or consumption either off- premises or while the customers remain in then- motor vehicles. Thisfecihtymay be a mechanical device, a service-type window, or a kiosk attached to or detachedfroma principal building. This definition includes ^, facilities commonly referred to as: drive-in or drive-thru banks, drive-in restaurants and movie theata:s, ATM's (automatic teller machines), and drive-up kiosks. This definition specifically excludes gasoline service station, car wash, and similar motor vehicle services where the vehicle is the object ofthe retail service; it also excludes ^ designated vehicle loading areas accessory to retail or wholesale uses.
dump - a lot, or land, or part thweof, used primarily for the storage or disposal by abandoimient, dumping, burial, buming or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
dwellii^ - a house, apartment building or other permanent building designed or used primarily for human habitation.
dweUing unit - a complete self-contained residential unit, with living, sleeping, cookmg, and sanitary facilities within the unit, for use by one family.
dweUing, multiple family - a building designed for and occupied as a principal use by three or more dwelling ^ units.
dwelling, one family -a building containing only one dwelling unit, and occupied by only one family.
Town of Clay Zoning Code Pages dwelling, two family - a building containing only two (2) units, and occupied by only two (2) families. emergency vehicle station - the use ofland, structures or facilities to store, care and operate emergency rescue, fire or ambulance services. It may include space for vehicles, equipment and personnel.
excavation/mining use - land used fortiieremoval and transfer of sand, gravel, rock or stone, topsoil or earth and similar substancesfromtheir original or natural locations to a different property. Examples include: borrow pit, gravel or sand pit or mine. This defmition shall exclude the removal of such substances incidental to the construction or the operation of a principal use and when the removed substances are redistributed on the original site or disposed of in accordance with a method approved bytiieTown. (See also Code of Town of Clay, Chapter
exhibit hall - a facility designed for die assembly of large numbers of people to attend meetings, lectures, conventions, or commercial product shows. It may include areas for the consumption of food, classrooms, auditoriums and offices. It excludes facilities for and fhe conducting of sporting events and recreational activities. family - one (1) or more persons occupying the premises and living as a smgle housekeepmg unit with common use, care and access to living and sleeping areas with shared cooking, eating and toilet facihties as distinguished from a group of individuals occupying specified rooms and without common access, use, or care of the entire dwelling such as within a boarding & rooming house, motel/hotel, dormitory,firatemity/sorority,club or hospital/nursing home.
farm - land occupied for fhe commercial production offieldcrops,fiiuts,vegetables, omamental plants, livestock and livestock products, woodlands or similar products. Afermmay include one or more non-contiguous properties but the primary fiarm properties (those occupied by residential or any other farm related structures) shall meet the zone district's niinhnum dimensional standards. A farm typically includes buildings, structures and outdoor areas fortiiestorage, distribution, use of: fuel, supplies, equipment and raw agricultural products and may include buildings used for residential purposes; the term includesfecilitiesto process, cook, mill or transform raw agricultural products into retail consumer goods, (see also cropland definition; for retail sale seefermstand) farm stand - an incidental and subordinate activity ofaferm,nursery or greenhouse involving a building or lot or portions ofa buildhag or lot used for the seasonal retail sale of agricultural products, and may include activities in which retail customers pick or select their own produce from thefieldsor growing areas. A ferm stand sales area may be one or more non-contiguous spaces within a property and shall be greater than 100 sq. fi. A total sales area of 100 sq. ft. or less does not constitute a faim stand.
front yard - see - yard,front(applicable to other derivations eg.frontyard deptii,frontyard width) funeral home - a building or portion of building designed and occupied for the preparation of deceased persons or animals for burial and for the arrangement and management of burial ceremonies; the use commonly includes accommodations for people to congregate and hold ceremonies and includes the terms funeral parlor or undertaker. The term excludesfecihtiesfor tfae cremation of human remains or animals, (see personal service use) gasoline service station - a building, structure or area ofland used primarily for the servicing of motor vehicles. It shall primarily include facilities for fhe retail sale and dispensing of motor fuels and petroleum products, goods and services generally required in the operation and maintenance of motor vehicles, sale and servicing of tires, batteries, automotive accessories and replacement items; liabrication services and the performance of routine
Town of Clay 2^ningCode « automotive maintenance and repairs. It may include areas for the retail sale of items such as: prepared foods, groceries, magazines, household or personal care items.
_ gasoline station, limited use - is a retail gasoline sales facility consisting solely of gasoline pumps, a shelter for station personnel, an overhead canopy, underground gasoline storage tank(s) and typical associated fire suppression and enviromnental protection equipment. Except for retail gasoline sales or vehicle washing, no ^ other vehicle related services shall be provided, it may include incidental sale of materials or merchandise such as prepared food, magazmes, household and personal items. A limited use gasoline station may be considered, when found appropriate by a reviewing board, to be a secondary use.
graphic plan - drawing(s) of a site offering a depiction of how a site exists or is proposed to be modified. The graphic plan typically accompanies the submission application or documentation for a zoning approval and will be drawn to scale and include details specified by the Town.
greenhouse, accessory - an accessory stmcture for a residential, non-residential or commercial land use that is typically enclosed with glass, plastic or similar materials and which may be used for personal enjoyment and/or the non-commercial production of plants.
greenhouse, commercial - a stmcture typically enclosed with glass, plastic or similar translucent materials within ^ which agricultural or horticultural products are grown for retail or wholesale sale and includes appropriate areas for parking, loading and storage, office and customers.
gross floor area - the sum of the total horizontal areas of the severalfloorsof all buildings on a lot, measured from the interior faces of exterior walls. In addition to areas primarily used for human occupancy the term also mcludes basements, elevator shafts, stairwells and anyfloorspace (attics, penthouses, mechanical rooms) with ^ stmctural headroom of 6'6" (six feet-six inches) or more.
hazardous material stor^e - a facility designed, constmcted and maintained to safely store and distribute materials considered hazardous in normal use. Examples include: ammunition, explosives and chemical waste. hearing, pubUc - a formal process requfred by IsTYS law and/or this Code; its primary purposes are to provide information to the public and to solicit opinions and commentsfromthe public. Notification requirements are stipulated by NYS Law, this Code and/or Town Pohcy.
hearing, informational - an informal process that may be required by this Code or may be optional by a ^ reviewing board; its primary purpose is to disseminate and present mformation to the pubhc. The notification requirements and conduct oftiiemeeting shall be established by the reviewing board ^ heavy equipment sales, service and storage - a use where construction, farm or similar large equipment and machinery may be sold, stored, displayed or serviced. Such activities may be conducted in a open areas outside of any stmctures.
«*.
home occupation - Any personal or professional service, trade or occupation conducted within a dwelhng by the residents thereof, which use is incidaital and accessory to the use of the property for residential purposes, which ^ does not change its residential character, and conforms to the requirements of this Code (see § 230.5 D 9 b 1). hospital/clinic - an histitution specializing in giving medical, surgical or rehabihtation treatments to persons on an in- or out-patient basis and may include lodging and dining facilities for the patients and staff.
Town of Clay Zoning Code indoor recreation - participant - a principal use of structure for individual or small group sporting events or recreational activities such as: indoor tennis court, bowling alleys and athletic clubs. Such facilities are designed fortiiedfrect use and participation of most of the attendees, and may include minimal spectator facilities. indoor recreation - spectator - a principal use of stmcture for individual or team sporting events or recreational activities such as indoor soccerfields,basket ball court. Such facilities are designed for the direct use and participation of some of the attendees, and includes substantial spectator facilities.
instructionai facility - a principal use offering individual or small group instmction, orientation or training in various topics for personal development such as performing arts, martial arts, crafts, or computer usage junk yard - land occupied by an activity principally characterized by the collection, dismantiing and salvaging of waste material, inoperative equipment, machinery or motor vehicles and may include the retail sale and/or wholesale distribution of salvaged material, (see dump) kennel - (see animal and animal related definitions) a land use or structure used for the commercial harboring or care of domestic animals, such as dogs, cats, and similar domestic pets.
land use - is a "type of term" used in this Code as a group label for terms that describe and define human activities (land uses) that may occur on the land- landscape buffer - see perimeter landscape strip library - a pubhc or private institution maintaining a selection of books, records and similar media for use by the general public or membership and may include meeting or lecture rooms but shall exclude businesses which rent books, records, videotapes, videodisc, athletic equipment or similar objects for compensation or profit lot - an area ofland defined by property lines shown on a deed, survey or official tax map, and is considered as a unit, occi^jied or capable of being occupied by one principal building and accessoiy buildings or uses, or when permitted in this Code by multiple buildings or uses united by a common use or interest; and including such open spaces as are required by this Code, and havingfrontageon a public or privateright-of-wayor an officially
approved right-of-way.
lot area - The total square footage witiiintiieproperty line of a lot, including easements and excluding land within dedicated streets or highway boundaries lot width - The distance between the side property lines measured along thefrontbuilding line as detennined by the applicablefrontyard setback requirement as defined in this Code.
lot width, shoreline - see shoreline lot width lot, corner - A lot located at the intersection of andfix)ntingon two or more intersecting streets and having an interior angle at the comer of intersection of less than 135 degrees. The narrower ROWfrontageofa comer lot shall be thefrontofthe lot and fhe lot shall have one (1) side yard and one (1) rear yard established in relation to thatfrontyard, (see also lot, three-sided) lot, fl^ - An irregularly shaped lot with at least two major portions: (1) a non-developable narrow area abutting a right-of-way connected to (2) the larger developable area surrounded by other lots, conforming in all other respects to the district lot and setback requirements. The undevelopable portion ofthe lot shall be maintained clear of all stmctures and have a minimum width of 30 feet.
Town of Clay Zoning Code lot, orientation - The orientation of lot shall be determined as follows. Thefrontproperty line ofa lot shall be same as the streetright-of-wayline, regardless of length and intended orientation of any existing or proposed buildings, and the side and rear lines shall be detennined relative to thatfrontline. For comer, reverse frontage andflaglots see applicable definitions. For all other irregularly shaped lots the lot orientation shall be detennined by the Commissioner of Plamiing and Development.
lot, reverse front^e - a non-comer lot that has two opposite lot lines contiguous with a streetright-of-wayIme. One line representing thefrontand the other representing the rear of the lot. Unless specified during a Subdivision Approval process thefrontlot line shall be detennined by Commissioner of Planning and shall be based upon the following guidelines a) the predominant orientation of nearby lots, b) the character of the abutting rights-of-way, c) the existing or mtended land use.
lot, shoreline - see shoreline lot lot, three-sided - A lot with only three property lines forming its boundaries. For purposes of enforcement it shall have: no rear yard, two side yards and afrontyard extending the entire width of the lot. The front yard shall confonn to the requirements of the applicable zone district and shall have two side yards with a minimum depth of ten (10) feet each regardless of the zone district requirements.
manufacturing - land and/or building occupied to process or transformrawor previously processed materials intofinishedproducts or parts and the storage and distribution of those materials to other manufacturers and/or wholesale or retail businesses. Examples include: furniture manufacturer, metal processing, chemical processing, or assembly plants. This use shall exclude bulk storage and distribution of petroleum, natural gas or potentially hazardous chemicals.
manufactured home - Attansportable,dwelling unit suitable for onefemily,year-mund occupancy and containing the same conveniences as mimobile housing with respect to water siQ)ply, Hght, heat, power and waste disposal. A manufectured home is a portable unit designed and built to be towed on its own chassis comprised of aframeand wheels and designed for occupancy without a pennanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity. A unit may also be two (2) or more separately moveable con5)onents designed to be joined into one (1) mtegral unit capable of being again separated into the components for repeated towing (double wide). Though manufactured units retain mobility, they are designed to be used as long- term residential units and exclude travel trailers, motorized homes, pick-up coaches, camping trailers, and aU forms of recreational vehicles.
marina, individual - the accessory use ofland adjacent to a water body for an individual private dock or boathouse facility incidental to a principal residential use.
marina, private - the use of land, structures and adjacent water bodies for the storage and dockuag of one or more boats at docks or boathousefecihties.It shall exclude public or club use and contam no facilities for fuel, repafr, sales, food or similar commercial operations.
marina, pubUc -tiieuse land, stmctures and adjacent water bodies for the storage, docking, and/or servicing of boats for coinpensation or as non-profit operation. It may include other business activities such as retail fuel sales and administrative operations, restaurants and similar services.
Town of Clay Zoning Code medical office - an office where patients are treated or attended to by medical practioners that include but are not limited to: physicians, dentists, physical or occupational therapists, laboratory tests, diagnostic (X-ray, MRI, etc) testing. This definition excludes clinics and hospitals.
mini-warehouse - see public self storage fecility mobile home - see manufactured home mobile home court - land designed and planned in accordance with this Code for the occupancy by one or more manufactured home units.
modular structure - Any stmcture or building designed only for permanent placement. It may be assembled completely or partially into major buildmg components off-site; and transported to a different site for permanent placement on a foundation. A major building component shall include but not be limited to such elements as rooms and be an assembled unit of walls,floorand ceiling. Off-site pre-assembly of elements such as stairs or steps, roofraflersorfloorjoists commonly used in the conventional constmction ofa building shall not be considered major building components. For purposes of these zoning regulations a modular stmcture is the same as any conventionally built structure and shall con^ply with all appHcable use and dimensional controls. motor vehicle sales, service, rental -land and stmctures commercially used for the servicing and repair (including auto body/colHsion repair), sales, or rental of motor vehicles includes cars, tmcks, recreational vehicles, motor cycles, trailers, snowmobiles or boats.
motor vehicle stor^e - afecilityoccupying land, structures and/or buildings for fhe teniporary controUed storage of operable motor vehicles. The addition or removal of any vehicle shall be subject to the control ofthe fecihty management. The use may contain space for offices and vehicles directiy related to the operation. Examples include: impound yard, towing service, vehicle holding yard or similar facility storing vehicles for legal or financial reasons. This use excludes routine public parking, public garages, the storage of disabled or junk motor vehicles and/or motor vehicle sales, service, rental (as defined).
nightclub/dance hall - an estabhshment typically open to fhe pubHc that predominantly includes areas for customer dancing or similar activityfiromlive perfonnance or recorded musical entertainment; it may include incidental food services and eating areas (see also land uses: restaurant, indoor recreation-participant) nursery school - see day care center nursery, commercial - land and/or building in^sroved and occupied for the commercial raising, storage or retail sale of household or ornamental plants, and may include the incidental sale of garden supplies. nursing home/assisted living fadtity - an establishment where elderly, sick, invalid, infirm or convalescent persons are housed or lodged, fumished with meals and long-term nursing care and rehabilitation for hire. o£Qce - a building or a portion of a building exclusively occupied to perform services as a principal, accessory or incidental use of an administrative, professional or clerical nature and includes activities such as: insurance, real estate,financial,legal, design, and management. It shall exclude medical office, separately defined in this Code. ofQce building - a principal structure primarily designed and/or occupied by one or more offices (see office definition).
Town of Clay ^ Zoning Code outdoor recreation - participant - a principal use ofland or stmctures for individual or small group sporting events or recreational activities such as swimming pools, tennis courts, golf courses and exercise tracks, archery, pistol orrifleranges. Such facilities are designed for the direct use and participation of most ofthe attendees, and may include minimal spectator facilities. This land use may include incidentalfecilitiesfor serving food and beverages.
— outdoor recreation - spectator - a principal use ofland and facilities for individual or team sporting events or recreational activities such as outdoor soccer, football or baseballfields,basketball court. Such facilities provide substantial spectator seating and observation areas and may include space for dfrect participation of some of the „ attendees. This land use may include incidental facilities serving food and beverages.
outdoor retaU sales, display and service - (see also retail use) the use of an area of land outside of a building for the sale, display, servicing or storage of products, equipment, supplies, or merchandise related to a retail use. Such areas may be incidental to a principal retail use occupying a building or may be the primary sales area and include by illustration the sale of lumber, building or garden supplies, but specifically excludes vehicle sales- service or repair, junkyard, waste or scrap products orfermproducts.
parcel - is an area of land to be subdivided or consolidated (see also lot) park lands - see park/playground (private) park/playground (private) - private land reserved and minimally improved for recreational, educational or ^ scenic purposes available to the general public or to a limited membership and may include facilities such as ball fields, tennis and basketbaU courts, playground equipment, storage and service buildings and picnic shelters but excludes outdoor recreational (participant or spectator) uses as defined in this Code.
perimeter landscape strip - the land adjacent tofront,side and rear lot lines, included within the same space for reqmred setbacks but solely designed and used for buffering and transition between lots. Irrespective of allowable *^ structures or uses within such requfred setbacks the perimeter strip shall not be used for parking. Driveways and walks are permitted to transverse a perimeter strip to allow for necessary vehicle and pedestrian movements. It is intended that such perimeter strip be used for planting of trees, shmbs,flowers,and evergreens to provide ^ neighborhood beautification, personal service use - a commercial activity where the customer is typically present and is the dfrect object ofthe services received and characterized by the direct on-premise sale of services to the ultimate customer and includes uses commonly referred to as: barber shop, beauty salon, dry cleaner, self-service laundiy and similar activities (see also retail use).
private club - A facility under the dfrect supervision and control of a charitable, religious,fiiatemal,social service, public or similar commimity organization including not-for-profit corporations, providing, and generally ^ to Hmited to club membership, a place of congregation or meeting for purposes of education, training, counseling, active or passive recreation or similar pursuits including socialfecilities.This land use may include incidental facilities for serving food and beverages. This term shall not include schools or retail business activities. ^ property line - legal boundaiy surrounding any area ofland that is properly recorded on a deed, survey or tax map with the Town and/or County Clerk. For purposes of this Code any street, highway, raifroad ROW line shall also be considered a property line. Power and utility transmission ROW lines shall not be property lines unless ^ explicitiy noted in appropriate legal documents.
Town of Clay Zoning Code public self storage facility - a land use characterized bytiieretail rental of storage space or units for holding personal or business items with direct customer access to the storage space. Examples include: mini-warehouse, pubhc storage, or self-storage facilities; the use excludes: temporary or portable units such as tractor trailers or storage trailers (with or without wheels).
rear yard - see - yard, rear (appHcable to other derivations eg. rear yard depth) recreation area - see park/playground (private) or outdoor recreation participant recycling process - an activity that collects, transforms, compacts, breaks-down or otherwise converts waste, by- products of manufacturing processes, orfinishedproducts into smaller or component parts. These parts may then be disposed of in an approved waste disposal site or made available for re-use in any other process such as: manufecturing, constmction, or agriculture. Exan^les include: glass crushing, re-processing of road asphalt, composting, paper re-processing, metal separation, organic-waste treatments, separation or refinement of chemical or paints, motor vehicle oil (used) re-treatment.
recycling process facility - is equipment, structure or area ofland used as a secondary or accessory land use in a recycling process. This facility shall be integral or dfrectiy related to the production process of any principal agricultural, commercial or industrial land use. Exan^les include; organic composting bins or areas, aminal waste (manure) holding areas and spreading equipment, or treatment plants for manufacturing by-products or waste. A recycling faciiity for typical household residential uses (e.g. garden composting bins) is excluded from this definition.
recyclii^ bulk process facility - a principal land use engaged in the commercial bulk collection of recyclable materialsfromoff-site or unrelated sources and may include the associated storage, processing, distribution and/or re-sale of these materials. Materials collected may include apphances, motor vehicles, constmction waste, by-products of manufacturing processes, organic materials and materials received from recycling collection sites (see separate definition). Recyclable materfels EXCLUDE any material considered under Town Code to be garbage.
recycling coUection site - a principal, secondaiy or accessory land use engaged hi the collection of recyclable materials directiyfiromconsumers and includes the temporary storage for transfer to a recycling bulk processor or an approved waste disposal site. For purposes of enforcement these sites when permanentiy established shall be considered retail uses. Such uses may include: collection bins or equipment for bottles and cans, batteries (excluding motor vehicle batteries), paper products, plastics, packaging or similar types of items commonly used in households or offices. These uses specifically EXCLUDE: the coUection of any organic by-products or waste, typical household or office trash, medical waste, fumiture, appliances or any motor vehicles. Examples include: redemption centers, bottie and can coUection areas or equipment at retail stores, teng>oraiy (nonprofit fund- raising) collection sites, or retail stores accepting trade-in products such as congjuters or similar electronic equipment.
religious institution - a buildmg used by people to regularly gather, attend and/or participate in religious services, ceremonies, instruction, meetings or similar activities and includes buildings commonly referred to as church, synagogue, meeting house or temple; the use may also include attached or detached dwelling units for a caretaker and/or primary reHgious official and thefr famiUes.
rendering plant - a facility to process and convertrawanimal products, by-products or general food waste into non-food products that may be commercially usable for agricultural, industrial or consumer puiposes, such as oil, soap, or fertilizer.
Town of Clay Zoning Code restaurant - a building or portion of a building occupied for the retail sale of food and/or beverage that is prepared and served in a ready-to-consume state for either on or off the premise consumption. This definition includes uses commonly referred to as: luncheonettes, snack bars, family restaurants, ice cream or pizza parlors, take-out restaurants, taverns, inns and cafes. Excluded are: nightclub/dance hall, temporary facilities associated with carnivals, field days, charitable fund-raising or similar events and the incidental retail sale of prepared food accessory to anotiier principal use such as a gasoline service station or employee cafeterias and snack areas. re-subdivision - see subdivision retail use - an activity primarily characterized by the on-premise sale and display of goods and services to the consumer; fhe use may contain areas for related accessory uses. Examples include uses commonly refened to as: department store, hardware store, grocery store, boutique, craft shop, appliance repafr shop, video rental store and personal service use (defined separately in this Code). Excluded are the following principal uses: restaurant; gasoline service station; motor vehicle sales, service or rental; and outdoor retail sales, display or service. right-of-way (ROW) - legal boundary of the edges of a public or private road, street, highway, railroad, waterway or similar transportation corridor. Such boundaries are typically controlled and set by government agencies and/or state law. Current ROW lines may supersede an older property survey or deed description. The ROW line is the same as the street line forming thefrontor side property line of abutting lots. secondary use - see use, secondary self-storage facility - see public self-storage facility school - a public or private institution providing a curriculum of elementary and secondary academic instmction and includes kmdergarten, elementary, middle and high school. It excludes vocational, trade, or boarding schools, colleges or the offering of group instmction within a residence.
setback - The minimum or maximum (as set forth in each zone district) distance formed by a line connecting two points measured towards the interior of a lotfromthefront,side and rear property lines forming the boundaries of the lot's buildable area and requfred yard areas. For irregular or curved property lines the distance shall be a line parallel to the property line, (see also yards, required) shopping center - land planned, improved and managed to accommodate a grouping of two (2) or more commercial uses in one or more buildings designed to share parking, access, signage and other site services; uses commonly included within a shopping center are: retail store, restaurant, drive-in service, gasoline service station, indoor recreation and office. Two (2) or more separately owned commercial units shall not be deemed a shopping center solely by virtue ofthe fact that they share a common access to adjoining highways and/or parking facilities. shoretine - is the physical boundary of a water body and mayfluctuatewith natural changes in water elevation. Unless established by a Federal or State agency the shoreline shall be the annual mean high water mark as detennined by a professional civil engineer or a licensed surveyor, (see also lot, shoreline; lot width, shoreline; and stmcture, shoreline) shoreline unprovements - installation of any man-made materials or modifications to existing natural conditions to facilitate access, swimming, boating, fishing to an adjacent body ofwater. It hicludes but is not limited to such activities as excavation of boat slips or launches; installation of piers, docks, decks, or walls.
Town of Clay Zoning Code shoreline lot - any property that has at least one property line or portion of a property line within or adjacent to a water body. For enforcement puiposes fhefrontof a lot shall be along a property line adjacent to an existing or proposed public or private rigjit-of-way. The portion ofa lot adjacent to a water body shall be subject to the width, setback or other provisions ofthe Riverfront Overlay Zone.
shoreline lot width - the width of property adjacent to water body shall be measured as the most direct straight or curved line parallel to the approximate center line ofthe adjacent water body as determined by the Commissioner. The natural variations of a shoreline shaU NOT be used to determine the shoreline width ofa property. shoreUne structure - a type of accessory stmcture, as defined in tiiis Code, specifically designed or modified to facilitate dfrect access to an adjacent water body such as a storage building or boat house that affords protection and/or storage to boating craft while remaining in the water.
sign - any (a) stmcture; (b) natural object or part thereof; (c) device; or (d) inscription, which is represented on any land or the outside of any building used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, words, numerals, emblems, symbols, models, banners, flags, pennants, insignia, trademarks, devices or representations used as, or which is in the nature of, an announcement, dfrection, advertisement, attention-arrester, warning or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, industry or public performance.
sign, advertising - a sign, including those which are composed of lightraysonly, calculated to attract public attention to a product, service or undertaking encompassing activities off the property where such signs are situated, including what are commonly termed billboards, posters, symbols, and similar devices, of whatever composition, size, location or color.
sign, animated - a sign or any portion thereof having movement by mechanical or natmral means, including by way of iUustration and not limitation, rotating signs, wind signs and signs where movement is simulated by illumination devices. This term shaU include the use of blinding,flashingand general intermittent Hght, as opposed to light of a constant intensity. Alltimeand/or ten^erature devices as defined herein shall not be considered animated, whether or not they contain or are incorporated into a sign.
sign, business - a sign identifying and dfrecting attention to a business offering a commodity, service, mdustry or other activity which is sold, offered or conducted. Such sign is to be located, pursuant to this code, dfrectiy on or at fhe business location - within the property boundaries or within the leased area for multiple occupants. Examples include fii^standing, marquee, projecting, roof and wall signs, as defined by this Code. sign, construction - a sign located in commercial and industrial zones" means a sign containing only the identification of persons or firms dfrectiy associated with the development or improvement of real property, such as architects, engineers, developers, constmction companies, suppHers and sponsors, but expressly excluding products, services and other forms of advertising.
sign area - the entfre area within a single continuous perimeter enclosing the extreme limits or writing, representation, emblem, or any figure of similar character, as included within the definition of a sign, together witii any fiame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is situated.
sign copy changes - change of copy on a sign, the customary use of which involvesfrequentand periodic changes of copy such as those customarily associated with tiieatre marquees and bulletin boards.
Town of Clay Zoning Code sign display surface - the surface made available by the stmcture, either for the dfrect mounting of letters and decoration, or for the mounting of facing material intended to cairy the entire advertising message. sign facing - the surface ofthe sign upon, against, or through which the message of the sign is exhibited. sign height - the vertical distancefromthe uppermost point ofa sign (measuredfroma ten (10) footradiusof the sign stmcture or stmctural trim) to the average ground height beneath the sign and within the stmcture thereof sign maintenance - routine maintenance, including minor repairs, such as repainting, bulb replacement and repafr of electrical or mechanical parts.
sign, freestanding - a sign which is supported by one or more uprights or braces in or upon the ground. sign, information - a sign which contains infonnation intended exclusively as a public service and ofa non- commercial nature indicating such facilities as rest rooms, public telephones, bus stop and rest areas. In addition, this category shall include garage sale signs and home occupation signs.
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sign letters and decorations - the letters, illustrations, symbols, figures, insignia, and other devices employed to express and illustrate the message ofthe sign.
sign, marquee - a sign attached to, or hungfroma marquee. Marquee means a canopy or similar structure projectingfroma building.
sign, official - a sign established pursuant to govemmental authority or used for the identification of public buildings, facilities and activities, and shall include traffic regulation devices authorized by the Vehicle and Traffic Law ofthe State of New York and any other sign authorized and requfred under local. State or Federal law.
sign, open house, residential real estate sign - a sign promoting an "open house".
sign, political subdivision and civic - a sign in the nature ofaflagor pennant contaming the insignia or emblem ofa political subdivision, non-profit civic oriented organization orfi-atemalorder and displayed on special ^ occasions as an incident to the activities of such organizations, and shall expressly exclude private identification signs.
sign, private traffic - a sign situated within private property providing information for traffic movement and storage, such as dfrectional signs, parking areas,fi^ightand loading areas, prohibited parking areas, points of ingress and egress, speed limits and related items, but expressly excluding off-street parking lot or garage identification signs.
^ sign, projecting - a sign which is affixed to any building wall or stmcture and extends beyond the bmlding wall or parts thereof more thanfifteen(15) inches horizontally, and no portion of which projects above the roofline or parapet ofa building.
sign, public safety - a sign containing infonnation designed for the protection and safety of the general public, such as wamings of danger areas, trespassing notices, work areas, utility warnings, street elevators, sentry dogs, security systems, safety warning devices and similar notices.
sign, roof - a sign, any portion of which either situated above the upper edge of any building waU or parapet ^ (except as otherwise provided in the definition of wall sign below) or erected or painted on or above the roof covering any portion of a building, including signs supported on the roof or on an independent stmctural fi:ame located on the side orroofof a penthouse, roof tank, roof shed, elevator housing or otiier roof structure.
Town of Clay Zoning Code sign, site development - a sign containing the identification and nature of the development or improvement of residential real property along with the listing of architects, developers and sales organizations sign, statuary - an inscription commemorating an event of unique historical, social, cultural or geographical significance.
s i ^ temporary promotional or announcement - a sign installed and maintained pursuant totiiisCode that is designed to inform the general pubhc of an event, festivity or related enterprise of an exclusively tenporary nature, sponsored by a non-profit organization or governmental unit.
sign, time and/or temperature device - any instrumentality visible to the general public which provides infoimation as to time and/or meteorological conditions.
sign, waU - a sign which is affixed and paraUel to an exterior waU of a building, projecting not moretiianfifteen (15) mches therefrom, and extending not more than three (3) feet above the rooflme or parapet ofthe building; where a sign extends above three (3) feet, it shall be considered a roof sign.
sign, window display - a sign situated on the interior ofa window and forming an integral part ofa window display.
sign, window - a sign situated on the interior of a window, not forming an integral part of a window display. sign structural trim - the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign stmcture.
sign structure - the supports, uprights, bracing andfi-ameworkof the sign site plan - see graphic plan, see also Site Plan Review Site Plan Review - an examination of a jM-oposed land development by the Town Planning Board pursuant to the guidelines and standards of this Code.
slaughterhouse - a facility where animals are temporarily held, butchered and prepared for either retail or wholesale market consumption.
stor^e - see public self storage facility storage unit, portable - an incidental and temporary stmcture to hold or shelter materials, examples include: storage trailers, box trailers, inflatable units, tents.
street - a public or private ri^t-of-way affording the public vehicular and/or pedestrian access to abutting property. (See right-of-way) street line - a single line formed by the intersection or overlap of street or roadright-of-wayboundary and the abutting property line structure - means anything constructed, erected or otherwise situated on the land, whether of a pennanent or temporary nature.
Town of Clay Zoning Code structure, accessory - a building, stmcture or mechanical equipment or decorative device attached to or detached from a principal stmcture, located on the same lot or property and is subordinate and incidental to the use of the principal stmcture. The term includes improvements such as: mailboxes, garages, storage sheds, waste disposal equipment, antenna, swimming pools, parking/loading areas and signs.
stmcture, principal - A building, stmcture or mechanical equipment designed, built, occupied, or used by the principal land use activity allowed on the lot.
stmcture, shoretine - see shoreline stmcture subdivision - is the division of a parcel ofland into two (2) or more blocks, lots, or plots, with or without streets or highways for sale, lease, any similar conveyance or future development.
subdivision adjustment - is 1) the relocation of existing lot Hne(s) between two or more legally existing lots without creating new streets, curb cuts, infrastmcture needs or lots or is 2) the elimination of a lot line consolidating two existing legal or legal non-conforming lots without creating new streets, curb cuts, or infrastmcture needs. For purposes of §230.5 E 6 (Subdivision Adjustments) of this Code legaUy existing lots may also include lots on an approved un-filed plat map.
swinmiing pool - an accessoiy structure that is a receptacle for water, having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constmcted, installed or maintained in or on the ground.
theater, indoor - a form of indoor recreation-spectator use, comprised of two main pennanent building components: a display or performance space (stage, movie screen, podium, etc.) and customer sitting areas for viewing, listening to presentations/performances. It may include incidental areas for the sale of prepared food and drinks (snack-beverage bar, vending machines but no designated eating or dining areas.
town house - a series of principal structures combined into a larger single building. Each building is a series of single family dwelling units, having a common wall between each unit with each unit having separate utility services and being located on a separatefiledlot.
trash transfer station - see recycling bulk process facility tmcking terminal - land and buildings used as a relay station for the transfer of cargofromone vehicle to another or one party to another. The terminal cannot be used for pennanent or long-term storage. The terminal faciHty may include pick-up and drop-off areas, parking areas for trucks, and stmctures or areas for the servicmg of tmcks associated with the terminal.
use, accessory - an activity located on the same lot or property which is incidental to a principal use that is subordinate and supportive in purpose to the principal use. Some examples include uses such as: management offices for business, institutional or industrial establishments; incidental machine or equipment repafr for retail businesses.
use, principal - The major use or activity occurring on a lot and defining the overall puipose ofthe land and structures.
use, secondary - a minor land use within a larger principal land use or stmcture that does not directiy relate or support the principal land use. Secondary uses are permitted when specified in a district, subject to the designated review.
Town of Clay Zoning Code utility substation - land occupied by a bmldmg, stmcture or equipment used for private business or by a private or public utiHty service regulated bytiieNYS Public Service Commission or a Federal agency in the transmission or collection of energy, water, or sanitary waste and may include communication towers, transmission poles and towers, cellular phone towers or antennas, pump stations, and equipment monitoring buildings. It excludes transmission facilities for public broadcasting use; offices for public benefit; vehicle, equipment and material storage; warehousing and similar functions.
veterinary care faciUty - a business providing for the care, medical treatment and incidental boardmg dogs, cats, similar domestic animals, and/or farm animals.
warehouse - a building primarily designed or used for the storage of materials such as consumer products, business or administrative records, industrial or agricultural supplies, tools or equipment, and/or personal items. This definition excludes public self-storage facility, wholesale uses, and truck terminals separately defined in this section.
wholesale - a commercial activity characterized by the bulk storage, distribution and/or sale of merchandise to other retail, manufacturing, constmction contracting, institutional or wholesale establishments. This use may include provision for related administrative offices, product showroom, tmck storage and parking areas. It excludes facilities for the storage and distribution of petroleum, natural gas or hazardous chemicals. yard - the land area ofa lot or property imoccupied by principal stmctures or principal land use activities. Yards are typically occupied, used or improved with landscaping, signs, parking, pavements and similar minor and incidental stmctures or activities. Yards or portions of yards may be both regulated and unregulated by this Code according to the zone district and/or the Supplemental Regulations. (See also definitions for yard, requfred and each type of yard) yard, front - the requfred open space extending across the entfre width of the lot between the front property line and the requfredfrontsetback distance. Permissible intrusions into fhefrontyard may include steps and ramps that are minimally necessary for access and eaves, comices and similar portions ofthe principal structure, (for additional pennitted intrusions see Supplemental Regulations).
yard, rear - An open, unoccupied space, except for walks, patios, paved areas, accessory structures and the parking of motor vehicles, on the same lot with the building between the rear building line and the rear lot line and extending the full widtii ofthe lot.
yard, required - the areas ofland within a property and measured inwardlyfromthe property lines specifically regulated by tiiis Code as to the type and nature of pennitted stmctures, improvements or activities. The requfrements may vary by zone districts, land use or other criteria. The required yards are for multiple purposes such as perimeter landscape strips, vehicular separation, aesthetics, ffre protection, snow storage and drainage, (see also definitions for setback, yard and each type of yard) yard, side - An open, unoccupied space on the same lot with the building, situated between the side building line and side lot line, and extending between the requfredfrontyard and rear yard. It may be occupied by walks, patios, pavement, fencing and parked vehicles, zone district - legal areas established by this Code to organize and regulate private land development activity within the Town. A zone district will typically encompass many properties that may be occupied or used by a variety ofland uses. The land uses regulated by a district are based upon the specific text included in this code.
Town of Clay Zoning Code
A. Conventional Zone Districts For the purposes of this Code, the Town of Clay is divided into the following conventional zoning districts (an area where lots, stmctures and uses are uniformly regulated to fulfill a common purpose): §2303.A Residential Districts RA-100 Residential Agricultural R-40 One-Family Residential R-15 One-Family Residential R-10 One-Family Residential R-7.5 One-Family Residential R-2F Two-Family Residential R-TH Town House District R-Apt Apartment District R-MHC Mobile Home Court LuR Limited use for riverfront
Rec-1 Recreation §2303.C Office Districts 0-1 Neighborhood Office 0-2 Office
NC-1 Neigjiborhood Commercial HC-1 Highway Commercial RC-l Regional Commercial LuC-1 Limited Use District for gasoline services LuC-2 Limited Use District for restaurants
1- l Industrial 1 1-2 hidustrial 2 S-1 Special Use B. Specialized Districts This Code provides for a district(s) that afford both greaterflexibilityfor development and oversight by the Town. Such districts when established by the Town would be used as an aitemative to a conventional district.
PDD - Planned Development District GOV ~ Govemment controlled land (indicated on zoning map for information - zone district is RA-100) C. Overlay Districts An overlay district is a form of zone district which imposes additional regulations for specific purposes, such as historic preservation,flooding,parking or otiier concems and may be established at the discretion of the Town Board pm-suant to §230.5.1 Zoning Amendments of this Code. Overlay districts establish
Town of Clay Zoning Code controls that are superimposed upon, and are in addition to, the existing zone district regulations affecting land use and stmcture.
HOV Highway AFH Airport FHght Hazard Gas Trans Gas Transmission D. Zoning Map The location and boundaries of each zonmg district are shown ontiiemap entitied "Town of Clay Zoning Map", certified by the Town Clerk, onfilein Town HaU and is hereby declared to be a part of this Local Law.
£. Interpretation of District Boundaries When uncertainty exists with respect to the boundaries of any district as shown on the Zoning Map, the foUowing rules shall apply:
1. Boundaries indicated as approximately following mapped lot lines shall be constmed as following such lot lines. Tax maps, maintained for assessment purposes, shall be a primaiy source for determining the identification ofa parcel, its size, location and boundaries. Unless specifically changed by the Town, zone district designations shall apply to any successor lots, created subsequent to a zoning map amendment.
2. Boundaries indicated as approximately following the center lines of streets shall be constmed to follow such center lines.
3. Boundaries indicated as following shore lines of streams and lakes shall be constmed to follow such shore lines, and, in the event of change in the shore Ime, shaU be constmed as moving with the actual shore line.
4. Boundaries indicated as approximately following the corporate boimdaries of the Town of Clay shall be constmed as following such corporate boundaries.
5. Boundaries indicated as parallel to, or extensions of, physical or political features indicated in Paragraphs E. 1-4 {above) shall be so interpreted as parallel or extensions. Distances not specifically indicated on the Zonmg Map shall be determined by the scale ofthe map or a description of boundaries, if available, adopted by the Town Board.
6. Where a district boundary line divides a lot existing at thetimeof adoption of this Local Law, the regulations of the applicable districts shall apply to the respective portions ofthe lot. 7. All land wdthin the Town shaU have a zone district designation. If, for any reason, a lot appears on the zoning map to be without any designationtiienit shaU be considered to be withintiieRA-100 Zone District.
8. The Office of the Commissioner of Planning and Development shall determine the location of zone district boundaries. Any challenge of that Office's determination may be brought by any aggrieved party to the Zoning Board of Appeals for an interpretation.
Town of Clay Zoning Code F. Organization of conventional zone district texts Each conventional zone district is divided mto the following parts:
• Intent statement (in italics) that provides general guidance and is not enforceable.
• AUowable uses that list individual land uses by name and assigns each to a Town review procedure. • Lot and Stmcture Dimensional Requirements m a schedule format indicating numerical type requfrements for activities and structures related to the allowed land uses.
• Supplemental District Design Standards (not in all districts) that mdicate numerical or review requfrements for some specialized condition • Cross-references (as an aid to users) to other sections of the zoning code that may be helpful or are commonly applicable.
G. Dimensional requirement groupings or categories In specific zone districts more than one set of dimensional standards may be established to accoimt for the variety of allowable land uses. Determination of a category for any individual land use shall be made by the Commissioner of Planning and Development. The groupings of dimensional requirements were organized according to following:
NO category indicated When no separate group or category is indicated aU uses within the district are subject to the same dimensional standards (some land uses may be subject to additional site plan or special pennit standards).
Residential All land uses where a dwelling unit is the principal activity (includes one, two, multiple family dwellings, apartments and townhouses and manufactured homes) Non-residential Land uses that are commonly considered supportive of or associated with residential areas but have no dwelling units (examples include schools, religious institution, community center) Agricultural Land uses involved with a farm, as defined in this code, or use engaged in a similar activity (examples include farm, farm stand, commercial greenhouse or nursery) Commercial Land uses engaged in retail, office activity (examples include retail use, office building, medical office, shopping center) Industrial Land uses involved with production, storage and distribution (examples - warehouse, manufacturing, tmck terminal)
Town of Clay Zoning Code
Every proposed residential subdivision shaU provide a park and recreation area not lesstiian2,000 square feet per lot or, in the discretion oftiiePlanning Board, a sum as provided in Chapter 105, Fees, in Heu tiiereof reserved for additional comments and common regulations for the foUowing zones
Town of Clay Zoning Code blank page
Town of Clay Zoning Code §2303A1 RA-100 Residential Agricultural District (based on A-1) Intent:
The intent of this district is to accommodate agricultural activities, to provide a settingfor low density family dwellings, and supportive non-residential development in areas of the Town that are unlikely to be served by both public water and sewers.
VSESALLOWED:
A. Office of Planning and Development issuing a buUding permit 1. one family dwelling 4. farm Stand 2. farm 5. nursery, commercial 3. cropland 6. greenhouse, commercial B. Planning Board Site Plan approval 1. park/playground (private) 2. cemetery Planning Board Special Permit approval 1. school 4. library 2. day care center 5. commimity center 3. religious institution 6- marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 5. outdoor recreation - spectator 2. animal care/trainmg facility 6. outdoor recreation- participant 3. animal boarding/breeding facility 7. two family dwelling 4. veterinary care facility Cross-reference to other commonly used regulations - see sections noted
2. Accessory Uses and Structures See §230.4 A I 3. Lot' Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G 8. Animals - Pets See §230.4 A 1
Town of Clay Zoning Code ^ F. RA-100 Lot and Stmcture Dimensional Requirements NON Residential Residential Agricultural
a. area, minimum 100,000 sq. ft. 5 acres lOacres b. width, minimum 250 ft. 125 ft. 500 ft. c. coverage, maximum building n/a% n/a% n/a% d, coverage, maximum total n/a% n/a% n/a%
a. front yard minimum 75 ft. 100 ft. 75 ft. b. side yard minimum 25 ft. 50 ft. Greater of 25ft or 1.5 xhgt. c. rear yard minimum 25 ft. 50 ft. Greater of 25ft or 1.5 xhgt. d. maximum height 35 ft. 50 ft. 60 ft. e. maximum grossfloorarea n/a sq. ft. n/a sq. ft. n/a sq. ft. f. maximum # floors n/a n/a n/a 3. Accessory stmctures - detached, greater than 100 sq. ft.
a. front yard minimum 75 ft. 100 ft. 75 ft. b. side yard setback 25 ft. 25 ft. Greater of 25ft or 1.5 xhgt. c. rear yard setback 25 ft. 25 ft. Greater of 25ft or 1.5 xhgt. d. maximum height 25 ft. 25 ft. 60 ft. G. RA-100 Supplemental District Design Standards 1. Perimeter landscape strip n/a ft.
2. Additional setback abutting residential district n/a ft.
Subject to designated board review - shall reflect and be sympatiietic to the existing or planned character of residential stmctures in the surrounding area.
H. RA-100 Special Provisions Large Lot One-family dweUing Any One-family dwellmg maintained on a lot 5 acres or greater shall be eligible to use or maintain: 1. A portion of the lot for raising agricultural products, except livestock, for personal consumption or commercial purposes.
2. A seasonal farm stand, subject to ZBA Special Pennit approval.
3. Accessory farm stmctures subject to Residential lot and structure dimensional standards 4. Agricultural livestock as personal food sources or pets.
Town of Clay Zoning Code §2303.A 2 R-40 One-Family Residential District (formerly R-IB) Intent:
The purpose of this district is to allow lower density single family uses and supportive non-residential development within the portions of the town that are NOT served by public sewers. VSESALLOWED:
A. Office of Planning and Development issuing a buUding permit L one-family dwelling.
B. Planning Board Site Plan approval 1. park/playground (private) C. Planning Board Special Permit approval 1. school 4. library 2. day care center 5. community center 3. religious institution 6 marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor recreation - participant Cross-reference to other commonly used regulations - see secdons noted L Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot' Structure dimensional exemptions See §230.4 A 2 4. Parldng See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G 8. Animals - Pets See §230.4 A I
Town of Clay Zoning Code F. R-40 Residential Lot and Structure Dimensional Requirements
a. area, minimum 40,000 sq. ft. b. width, minimum 150 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 50 ft. b. side yard minimum 1) one side 10% lot widtii 2) total botii sides 25 % lot widtii c. rear yard minimum 30 ft. d. maximum height 30 ft.
a. front yard minimum Existing principal structure front line b. side yard setback 15% lot width c. rear yard setback 30 ft. d. maximum height 15 ft. G. R-40 Non-residential Lot and Stmcture Dimensional Requirements
a. area, minimum based on design, parking, yards, etc, b. width, mmimum 150 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 50 ft. b. side yard minimum 1) one side 15% lot widtii 2) total both sides 30% lot widtii c. rear yard minimum 30 ft. d. maximum height 30 ft.
a. front yard minimum Existing principal stmcture rear building line b. side yard minimum 15 % lot width c. rear yard minimum 30 .ft. d. maximum height 15ft.
Town of Clay Zoning Code §230.3.A 3 R-15 One-FamUy Residential District (fomierly R-1 A) Intent:
The intent of this district is to permit moderate density, single family and supportive non-residential development on sites in the Town served by both public water and sewer.
VSESALLOWED:
A. Office of Planning and Development issuing a building permit 1. one-family dwelling.
B. Planning Board Site Plan approval 1. park/playground (private) C. Planning Board Special Pennit approval 1. school 4. library 2. day care center 5. community center 3. religious institution 6 marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor recreation - participant Cross-reference to other commonly used regulations - see sections noted L Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A I 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7- Highway Overlay Zone See §230J G 8. Animals - Pets See §230.4 A I
Town of Clay ^ Zoning Code ^ F. R^15 Residential Lot and Structure Dimensional Requirements
— a. area, minimum 15,000 sq. ft. b. width, minimum 80 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
^ a. front yard minimum 25 ft. b. side yard minimum 1) one side 10% lot widtii 2) total botii sides 25 % lot widtii ^ c. rear yard minimum 10ft. d. maximum height 30 ft.
a. front yard minimum Existing principal stmcturefrontline b. side yard setback 10% lot width — c. rear yard setback 30 ft. d. maximum height 12 ft. ^ G. R-15 Non-residential Lot and Structure Dimensional Requirements
^ a. area, minimum based on design, parldng, yards, etc. b. width, minimum 80 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 25 ft. b. side yard minimum 1) one side 15% lot widtii 2) total both sides 30% lot widtii c. rear yard minimum 10ft. d. maximum height 30 ft. ^ 3. Accessory structures - detached a. front yard minimum Existing principal structure rear building line b. side yard minimum 15% lot width ^ c. rear yard minimum 10ft. d. maximum height 15 ft.
Town of Clay Zoning Code §2303,A 4 R-10 One-Famfly Residential District (formerly R-1) Intent:
This district is intended to permit higher density single family uses and supportive non-residential development on sites in the town served by both public water and sewer.
VSESALLOWED:
A. Office of Planning and Development issuing a buUding pennit 1. one-family dwelling.
B. Planning Board Site Plan approval 1. park/playground (private) C. Planning Board Special Permit approval 1. school 4. library 2. day care center 5. community center 3. reHgious institution 6 marina, private D. ZBA Special Pemiit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor recreation - participant Cross-reference to other commonly used regulations - see sections noted 1. Defmitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G 8. Animals - Pets See §230.4 A I
Town of Clay Zoning Code — F. R-10 Residential Lot and Stmcture Dimensional Requirements
a. area, mmimum 10,000 sq. ft. b. width, minimum 75 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a%
a. front yard minimum 25 ft. b. side yard minimum 1) one side 10% lot widtii 2) total both sides 25 % lot widtii rear yard minimum 10 ft. maximum height 30 ft.
a. front yard minimum Existing principal stmcturefrontline b. side yard setback 10% lot width c. rear yard setback 10 ft. d. maximum height 12ft. R-10 Non-residential Lot and Structure Dimensional Requirements
a. area, nunimum based on design, parking, yards, etc. b. widtii, minimum 75 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a%
a. front yard minimum 25 ft. b. side yard minimum 1) one side 15% lot widtii 2) total both sides 30% lot widtii c. rear yard minimum 10 ft. d. maximum height 30 ft. Accessory structures - detached a. front yard minimum Existing principal structure rear building line b. side yard minimum 15% lot width c. rear yard minimum 10 ft. d. maximum height 15 ft.
Town of Clay Zoning Code §2303. A 5 R-7.5 One-Family Residential District (formerly R-2) Intent:
The intent of this district is to preserve existing high density, singlefamily uses and supportive non-residential development in areas served by both public water and sewers. This district may be applied, only in such cases, where it is demonstrated that the development density is compatible and appropriate to the affected lands and the surrounding neighborhoods.
VSESALLOWED:
A. Office of Planning and Development issuing a buUding permit 1. one-family dwelling.
B. Planning Board Site Plan approval
C. Planning Board Special Permit approval 1. school 4. library 2. day care center 5. community center 3. religious institution 6 marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor recreation - participant Cross-reference to other commonly used regulations - see sections noted L Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G 8. Animals-Pets See§230.4 A I
Town of Clay Zoning Code F. R-7.5 Residential Lot and Stmcture Dimensional Requirements
a. area, minimum 7500 sq. ft. b. width, minimum 70 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 25 ft. b. side yard minimum 1) one side 10% lot width 2) total both sides 25 % lot width c. rear yard minimum 10ft. d. maximum height 30 ft.
a. front yard minimum Existing principal stmcture front line b. side yard setback 10% lot width c. rear yard setback 10 ft. d. maximum height 12 ft. G. R-7.5 Non-residential Lot and Stmcture Dimensional Requirements
a. area, mmimum based on design, parking, yards, etc. b. width, minimum 70 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 25 ft. b. side yard minimum 1) one side 15% lot widtii 2) total both sides 30% lot width c. rear yard minimum 10ft. d. maximum height 30 ft.
a. front yard minimum Existing principal structure rear building line b. side yard minimum 15% lot wddfh c. rear yard minimum 10 ft. d. maximum height 12 ft.
Town of Clay Zoning Code §2303. A 6 R.2F Two-FamUy Residential District (foimerly R-3) Intent:
The intent ofthis district is to permit single and two family dwellings and supportive non-residential development on sites served by both public water and sewers.
VSESALLOWED:
A. Office of Planning and Development issuing a buUding pemiit 1. one-family dwelling 2. two-family dwelling B. Planning Board Site Plan approval 1. park/playground (private) C. Planning Board Special Permit approval 1. school 4. library 2. day care center 5. community center 3. religious institution 6 marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Pennit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor recreation - participant Cross-reference to other commonly used regulations - see sections noted L Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A I 3. Lot - Structure dimensional exemptions See §230.4 A 2
5. Signs See §230.4 C
7. Highway Overlay Zone See §230.3 G 8. Animals - Pets See §230.4 A I
Town of Clay ™- Zoning Code F. R-2F Residential Lot and Stmcture Dimensional Requirements
*^ a. area, minimum 10,000 sq.ft. 15,000 sq.ft. b. widtii, mmimum 80 ft. 80 ft. c. depth, minimum n/a ft.
^ d. coverage, maximum n/a% 2. Principal Structure and attached accessory stmctures (one & two family dwellings) a. front yard minimum 25 ft. b. side yard minimum 1) one side 10% lot widtii. 2) total botii sides 25 % lot widtii ^ c. rear yard minimum 10ft. d. maximum height 30 ft.
a. front yard minimum Existing principal stmcture front line b. side yard setback 10% lot widtii ^ c. rear yard setback 10ft. d. maximum height 12ft. ^ G. R-2F Non-residential Lot and Stmcture Dimensional Requirements
^ a. area, minimum based on design, parldng, yards, etc. b. width, minimum 80 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a % 2- Principal Stmcture and attached accessoiy stmctures a. front yard minimum 25 ft. b. side yard minimum 1) one side 15% lot widtii 2) total botii sides 30% lot widtii. ^ c. rear yard minimum 10ft. d. maximum height 30 ft. ^ 3. Accessory stmctures - detached a. front yard minimum Existing principal structure rear building line b. side yard minimum 15% lot width _^ c. rear yard minimum 10 ft. d. maximum height 12 ft.
Town of Clay Zoning Code
Intent:
The intent of this district is to permit residential and supportive non-residential development on sites in townhouse arrangements served by both public water and sewersr VSESALLOWED:
A. Of^ce of Planning and Development issuing a buUding permit 1. town house B. Planning Board Site Plan approval 1. park/playground (private) C. Planning Board Special Permit approval 1. school 4. library 2. day care center 5. community center 3. religious institution 6. marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor reca-eation - participant Cross-reference to other commonly used regulations - see sections noted L Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C
8. Animals - Pets See §230.4 A 1
Town of Clay Zoning Code F. R-TH Residential Lot and Stmcture Dimensional Requirements Site Requfrements Minimum size parcel under development 3 acres Minimum average gross land area/unit 6000 sq. ft.
a. area, minimum per dwelling unit 1600 sq.ft. b. width, miiumum of unit 16 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 20 ft. b. side yard minimum 1) building, one side 20 ft. 2) building, total 60 ft. 3) intemal townhouse units 0 ft. (subject to NYSFPBC standards) c. rear yard minimum 10ft. d. maximum height 30 ft. e. minimum distance between, bldgs. 40 ft.
a. front yard minimum Existing principal stmcture front line b. side yard setback same as principal stmcture c. rear yard setback 10ft. d. maximum height 12ft. G. R-TH Non-residential Lot and Stmcture Dimensional Requirements
a. area, minimum based on design, parking, yards, etc. b. width, minimum n/a ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 20 ft. b. side yard minimum 1) one side 15% lot widtii. 2) total both sides 30% lot width. c. rear yard minimum 10ft. d. maximum height 30 ft.
a. front yard minimum Existing principal stmcture rear building line b. side yard minimum 15% lot width c. rear yard minimum 10ft. d. maximum height 12ft.
Town of Clay Zoning Code
Intent:
The intent of this district is to permit multiple family residential and supportive non-residential development on sites served by both public water and sewers.
VSESALLOWED:
A. Office of Planning and Development issuing a buUding pennit none B. Planning Board Site Plan approval 1. multiple family dwelling 2. park/playground (private) C. Planning Board Special Permit approval 1. school 4. library 2. day care center 5. community center 3. reHgious institution 6 marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. home occupation E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor recreation - participant 3. nursing home/assisted living facility Cross-reference to other commonly used regulations - see sections noted 1. Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G 8. Animals - Pets See §230.4 A I
Town of Clay Zoning Code F. R-Apt Residential Lot and Stmcture Dimensional Requirements 1. Lot 1 br apt. 2 br apt. 3 br apt. a. area, minimum PER based on calculation of density, parking, yards, etc., DWELLING UNIT 6000 sq. ft. 6750 sq. ft. 7500 sq. ft. b. width, minimum n/a ft. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 35 ft. b. side yard minimum 1) one side 33.3% total requfred side yard ft. 2) total botii sides 60 ft. plus 4ft/ea 1ft bldg hgt over 35ft. c. rear yard minimum 25 ft. d. maximum height n/a ft. e. minimum distance between bldgs. 40 ft.
a. front yard minimum Existmg principal stmcture front Ime b. side yard setback 33.3% total requfred side yard ft. c. rear yard setback 25 ft. d. maximum height 15 ft. G. R-Apt Non-residential Lot and Structure Dimensional Requirements
a. area, minimum based on design, parkmg, yards, etc. b. width, minimum based on design, parking, yards, etc.. c. depth, minimum n/a ft. d. coverage, maximum n/a %
a. front yard minimum 35 ft. b. side yard minimum 1) one side 15% lot width.' 2) total both sides 30% lot width. c. rear yard minimum 25 ft. d. maximum height n/a ft.
a. front yard minimum Existmg principal structure rear building line b. side yard minimum 15% lot width. c. rear yard minimum 25 ft. d. maximum height 15ft.
Town of Clay Zoning Code
Intent:
This district accommodates an organized and managed grouping of individual mobile home units in portions of the Town served by public water and sewers.
VSESALLOWED:
A. Office of Planning and Development issuing a buUding pemiit 1. manufactured home B. Planning Board Site Plan approval 1. mobile home court 2. park/playground (private) C. Planning Board Special Permit approval 1. school 4, library 2. day care center 5. community center 3. religious mstitution 6 marina, private D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. reserved E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 2. outdoor recreation - participant Cross-reference to other commonly used regulations - see sections noted 1. Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G 8. Animals - Pets See §230.4 A 1
Town of Clay Zoning Code R-MHC Residential Lot and Stmcture Dimensional Requirements
a. Minimum parcel size for development - capacity for at least 100 mobile home units meeting all appHcable requfrements of this Code.
b. Minimum gross land area/mobile home unit 7000 sq. ftVunit c. Minimum portion of gross land area as an on-site recreation area - not less than 700 sq. ft./uiiit 2. For purposes of inteipretation and enforcement, leased land areas established for occupancy by dwelling units shall be considered a lot as defined in this Code. Any applicable dimensional standards shall apply to both principal and accessory stmctures.
— G. R-MHC Non-residential Lot and Stmcture Dimensional Requirements
a. area, mmimum based on design, parldng, yards, etc. b. width, minimum n/a ft. c. depth, minimum n/a ft. d. coverage, maximum n/a%
a. front yard minimum 20 ft. b. side yard minimum 1) one side 33.3% total requfred side yard 2) total both sides 60 ft. plus 4ft/ea 1ft bldg hgt over 35ft. c. rear yard minimum 10 ft. d. maximum height n/a ft. Accessoiy stmctures - detached a. front yard minimum Existing principal stmcture front line b. side yard setback 33.3% total requfred side yard c. rear yard setback 10 ft. d. maximum height 12 ft.
Town of Clay Zoning Code
Intent:
// is the intent to maintain in this district the quality of environment generally associated with small, narrow riverfront lots improved with one family dwellings. This district is intended to accommodate the community needs, particularly of those riverfront areas or tracts which were created by default through the temporary occupancy permit system of the State of New York and, later on, from grants of these lots to the permit holders. For purposes of illustration of such intent, reference is made to the ''Brewerton South Shore Tract" as more fiilly shown on a boundary survey map made by Richard J. Chiesa, licensed Land Surveyor,filedin ihe Onondaga County Clerk's Office on June 11, 1984 as Map No. 6179 consisting of three (3) sheets. A. USES PERMITTED.
1. one family dwelling, provided that each lot shall haveriverfrontage. 2. Not more than one dwelling stmcture, shall be pennitted on a single lot at any time. 3. Accessoiy structures limited to: Boat dock, waterfront deck, single car garage and one accessory building not to exceed 100 square feet.
B. USES PROHIBITED.
1. All other uses.
C. LOT SIZES AND YARDS.
Every lot shall meet the following minimum requfrements:
1. Yard depthfrommean water level atrivershore - 40 feet.
2. Yard depthfromedge of paved or graveled edge of road - 25 feet.
3. Each side yard width - 8 feet.
4. Lot width measured at midpoints of side lines - 50 feet. 5. Minimum lot area - 7,500 square feet.
Town of Clay Zoning Code Blank page
Town of Clay Zoning Code
Architectural Review Standards - The design, constmction and materials of all stmctures in this district shall demonstrate compatibility to adjacent residential developments. Such factors may include architectural style of the building and its massing, roof line, exterior fagade materials, color of materials, windows, doors and service areas and other aspects of the building design.
reserved for additional comments and common regulations for the foUowing zones
Town of Clay Zoning Code
Town of Clay Zoning Code
Intent:
The intent of this district is to preserve and enhance the quality of existing or planned residential areas. It allows for a variety of community and recreational uses to serve the needs of the residents of the Town. Uses and structures within this district shall emphasize the scale and design of any proposed uses to ensure compatibility with existing or planned residential development.
VSESALLOWED:
A. Office of Planning and Development issuing a buUding permit 1. reserved B. Planning Board Site Plan approval 1. school 8. indoor recreation - participant 2. day care center 9. indoor recreation - spectator 3. religious institution 10. secondary use (retail, restaurant, etc.) 4. library 11. marina, private 5. community center 12. marina, public 6. outdoor recreation - participant 13. instmctional facility 7. outdoor recreation - spectator 14. park/playground (private) C. Planning Board Special Permit approval 1. reserved D. ZBA Special Pennit approval and optional advisory referral to the Planning Board 1.reserved E. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station Cross-reference to other commonly used regulations - see sections noted 1. Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G
Town of Clay Zoning Code F. Rec-1 Lot and Stmcture Dimensional Requirements
a. area, minimum 40, 000 sq. ft. b. width, minimum 150 ft. c. depth, minimum n/a ft. d. coverage, maximum building 60% e. coverage, maximum total n/a %
a. front yard minimum 75 ft. b. side yard minimum 1) one side 50 ft. 2) total both sides 100 ft. c. rear yard minimum 50 ft. d. maximum height 35 ft. e. maximum grossfloorarea n/a sq. ft. f maximum # floors n/a #
a. front yard minimum Existing Principal stmcture rear building line b. side yard setback 25 ft. c. rear yard setback 25 ft. d. maximum height 30 ft. Rec-1 Supplemental District Design Standards 1. Perimeter landscape strip 25 ft. 2. Additional setback where abutting residential district 50 ft.
Subject to site plan review - shall reflect and be sympathetic to the existing or plamied character of residential structures in the surrounding area.
Town of Clay Zoning Code §2303C Office Districts Architectural Review Standards - The design, constmction and materials of all stmctures in this district shall demonstrate compatibility to adjacent residential developments. Such factors may include architectural style of the building and its massing, roof line, exterior fagade materials, color of inaterials, windows, doors and service areas and other aspects ofthe building design.
reserved for additional comments and common regulations for the foUowing zones
Town of Clay Zoning Code
Town of Clay Zoning Code
Intent:
The intent of this district is to preserve the existing residential quality of the surrounding area while permitting alternative and compatible office development on selected sites that may not be suitable for residential use. This district shall emphasize the scale and design of any proposed office uses to ensure compatibility with existing or planned residential development VSESALLOWED:
A. Office of Planning and Development issuing a buUding pemiit 1. reserved B. Planning Board Site Plan approval 1. office building 2. park/playground (private) C. Planning Board Special Permit approval 1. medical Office 2. daycare center D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. reserved E. Town Board Special Permit approval optional advisory referral to the Planning Board 1. reserved 1. Definitions See §230.2 Cross-reference 2. toAccessory other commonly Uses and used regulations - see sections Structures noted See §230.4 A1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4 B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G
Town of Clay Zoning Code F. O-l Lot and Stmcture Dimensional Requirements
a. area, minimum 20,000 sq. ft. b. width, minimum 100 ft. c. depth, minimum n/a ft. d. coverage, maximum building 25% e. coverage, maximum total 60%
a. front yard minimum 35 ft. b. side yard minimum 1) one side 10% lot widtii 2) total botii sides 25 % lot width c. rear yard minimum 20 ft. d. maximum height 30 ft. e. maximum # floors 2 f maximum # principal buildings 1 g. maximum grossfloorarea 4,000 sq. ft.
a. front yard minimum Existing Principal stmcture rear building line b. side yard setback 10% lot width c. rear yard setback 20 ft. d. maximum height 15 ft. e. maximum floor area 500 sq. ft. G. O-l Supplemental District Design Standards 1. Perimeter landscape strip 15ft. 2. Additional setback where abutting residential district 25 ft.
a. Subject to site plan review - shall reflect and be sympathetic to the existing or planned character of residential stmctures in the surrounding area.
Town of Clay Zoning Code
Intent:
The intent of this district is to preserve the existing residential quality along portions of major roads within the Town. It shall also respect the general character of the surrounding area while permitting aitemative and compatible office development on selected sites that are not suitable for residential use. This district shall emphasize the scale and design of any proposed office uses to ensure compatibility with existing or planned residential development VSESALLOWED:
A. Office of Planning and Development issuing a buUding permit 1. reserved B. Planning Board Site Plan approval 1. office building 2. park/playground (private) C. Planning Board Special Permit approval 1. school 4. library 2. day care center 5. community center 3. religious institution D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. reserved E. Town Board Special Permit approval and optional advisory referral to the Planmng Board 1. emergency vehicle station 4. instmctional facility 2. bank-credit union 5. drive-in service 3. medical office 6. secondary use Cross-reference to other commonly used regulations - see sections noted 1. Definitions See §230.2 2. Accessory Uses and Structures See §230.4 A 1 3. Lot - Structure dimensional exemptions See §230.4 A 2 4. Parking See §230.4B 5. Signs See §230.4 C 6. Utility substation See §230. 5 D 7. Highway Overlay Zone See §230.3 G
Town of Clay Zoning Code F. 0-2 Lot and Structure Dimensional Requirements
a. area, minimum 40, 000 sq. ft. b. width, minimum 100 ft. c. depth, minimum n/a ft. d. coverage, maximum building 30% e. coverage, maximum total 70%
f. maximum gross floor area/lot n/a sq. ft.
a. front yard minimum 35 ft. b. side yard minimum 1) one side 25 ft. 2) total both sides 75 ft. «<— c. rear yard minimum 50 ft. d. maximum height 30 ft. g- maximum # floors 2
a. front yard miiumum Existing Principal structure rear line b. side yard setback 10ft. c. rear yard setback 10ft. d. maximum height 15 ft. 0-2 Supplemental District Design Standards 1. Perimeter landscape strip 15ft. 2. Additional setback where abutting residential district 25 ft.
Subject to site plan review - shall reflect and be sympathetic to the existing or planned character of residential stmctures in the surrounding area.
More than one principal land use and/or principal stmcture is pennitted in this district subject, if applicable, to Subdivision Review and to site plan review for each lot development.
Town of Clay Zoning Code
Architectural Review Standards - The design, constmction and materials of aU stmctures in tiiis district shaU demonstrate compatibility to adjacent residential developments. Such factors may include architectural style of tiie building and its massing, roof line, exterior fagade materials, color of materials, windows, doors and service areas and other aspects ofthe building design.
reserved for additional comments and common regulations for the foUowing zones
Town of Clay Zoning Code
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