Local Law 1 of 2005 — ====================== NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET 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. : FILED 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.) 1 05 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 VIVIAN I. MASON. TOWN CLERK (Seal) Date: June 9th. 2005 (Certification to be executed by Counfy Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of localify.) STATE OF NEW YORK COUNTY OF ONONDAGA 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 ROBERT M. GERMAIN, TOWN ATTORNEY Title Cify^f ^ l a y Town Village Date: June 9th, 2005 Dos-239 (Rev. 11/99) Page 3 of 3 Town of Clay 4401 State Route 31 Clay, New York 13041 ZONING CODE Chapter 230 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 §2303. B Recreation District Rec-1 Recreation 48 §2303.C Omce Districts 0-1 Neighborhood Office 52 0-2 Office 54 §2303. D Commercial Districts 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 §2303. F Special Districts PDD Planned Development 76 § 2303 G Overiay Districts HOV Highway 91 AFH Airport Fhght Hazard 94 Gas Trans Gas Transmission 95 §230.4 Supplemental Regulations General 96 Parldng & Loading 99 Signs 102 Non-conformities 111 §230.5 Administration 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 Page 1 230,1 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 Page 2 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 Page 4 Blank page Town of Clay Zoning Code Pages 230.2 Defmitions 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 Page 6 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 Page 7 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 100 Excavations) 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 Page 9 « 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 Page 10 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 Page 11 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 Page 12 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 Page 13 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 Page 14 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 Page 15 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 Page 16 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 Page 17 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. ». 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 Page 18 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 Page 19 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 Page 20 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 Page 21 2303.1 EstabUshment of Zone districts 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 §2303. B Recreation Districts Rec-1 Recreation §2303.C Office Districts 0-1 Neighborhood Office 0-2 Office §2303. D Commercial Districts 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 §2303. E Industrial Districts 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. §2303. F Special Districts 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 Page 22 controls that are superimposed upon, and are in addition to, the existing zone district regulations affecting land use and stmcture. § 2303 G Overiay Districts 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 Page 23 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 Page 24 2303 A-Residential Districts 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 Page 25 blank page Town of Clay Zoning Code Page 26 §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 1. 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 §230.3 G 8. Animals - Pets See §230.4 A 1 Town of Clay Zoning Code Page 27 ^ F. RA-100 Lot and Stmcture Dimensional Requirements NON Residential Residential Agricultural 1. Lot 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% 2. Principal Stmcture and attached accessory stmctures 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. 3. Stmcture Design, scale and inaterials 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 Page 28 §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 Page 29 F. R-40 Residential Lot and Structure Dimensional Requirements 1. Lot a. area, minimum 40,000 sq. ft. b. width, minimum 150 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a % 2. Principal Stmcture and attached accessory stmctures 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. 3. Accessoiy stmctures - detached 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 1. Lot 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 % 2. Principal Stmcture and attached accessory structures 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. 3. Accessory stmctures - detached 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 Page 30 §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 Page 31 ^ F. R^15 Residential Lot and Structure Dimensional Requirements 1. Lot — a. area, minimum 15,000 sq. ft. b. width, minimum 80 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a % 2. Principal Stmcture and attached accessory stmctures ^ 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. 3. Accessory stmctures - detached 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 1. Lot ^ 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 accessory stmctures 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 Page 32 §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 Page 33 — F. R-10 Residential Lot and Stmcture Dimensional Requirements 1. Lot a. area, mmimum 10,000 sq. ft. b. width, minimum 75 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a% 2. Principal Stmcture and attached accessory stmctures 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. 3. Accessoiy stmctures - detached 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 1. Lot 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% 2. Principal Stmcture and attached accessory stmctures 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 Page 34 §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 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 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 Page 35 F. R-7.5 Residential Lot and Stmcture Dimensional Requirements 1. Lot a. area, minimum 7500 sq. ft. b. width, minimum 70 ft. c. depth, minimum n/a ft. d. coverage, maximum n/a % 2. Principal Stmcture and attached accessory structures 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. 3. Accessory stmctures - detached 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 1. Lot 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 % 2. Principal Stmcture and attached accessory stmctures 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. 3. Accessoiy stmctures - detached 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 Page 36 §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 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 Page 37 F. R-2F Residential Lot and Stmcture Dimensional Requirements 1. Lot One family Two family *^ 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. 3. Accessoiy stmctures - detached 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 1. Lot ^ 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 Page 38 §2303. A 7 R-TH Town House District (formerly R-5) 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 6. Utility substation See §230 5D 7 Highway Overlay Zone See §230,3 G 8. Animals - Pets See §230.4 A 1 Town of Clay Zoning Code Page 39 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. 1. Lot 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 % 2. Principal Stmcture and attached accessory stmctures 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. 3. Accessoiy stmctures - detached 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 1. Lot 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 % 2. Principal Structure and attached accessory stmctures 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. 3. Accessory stmctures - detached 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 Page 40 §2303. A 8 R-APT Apartment District (formerly R-4) 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 Page 41 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 % 2. Principal Structure and attached accessory stmctures 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. 3. Accessory structures - detached 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 1. Lot 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 % 2. Principal Stmcture and attached accessory stmctures 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. 3. Accessory stmctures - detached 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 Page 42 §2303. A 9 R-MHC MobUe Home Court District (formerly T-2) 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 Page 43 R-MHC Residential Lot and Stmcture Dimensional Requirements 1. Site Requfrements 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. 3. See provisions of Chapter 144 Mobile Home Courts — G. R-MHC Non-residential Lot and Stmcture Dimensional Requirements 1. Lot 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% 2. Principal Stmcture and attached accessory structures 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 Page 44 230.3 AlO LuR Limited use for riverfront (fonnerly T-3) 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 Page 45 Blank page Town of Clay Zoning Code Page 46 §2303 B Recreation 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 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 Page 47 BLANK PAGE Town of Clay Zoning Code Page 48 §2303 B1 Rec-1 Recreation District (based on C-9) 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 Page 49 F. Rec-1 Lot and Stmcture Dimensional Requirements 1. Lot 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 % 2. Principal Structure and attached accessory stmctures 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 # 3. Accessory stmctures - detached 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. 3. Stmcture Design, scale and materials 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 Page 50 §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 Page 51 BLANK PAGE Town of Clay Zoning Code Page 52 §2303 C 1 O-l Neighborhood Office District (based on R-6) 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 Page 53 F. O-l Lot and Stmcture Dimensional Requirements 1. Lot 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% 2. Principal Stmcture and attached accessory stmctures 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. 3. Accessory structures - detached 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. 3. Structure Design, scale and materials 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 Page 54 2303 C 2 0-2 Office (based on C-1 & R-7) 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 Page 55 F. 0-2 Lot and Structure Dimensional Requirements 1. Lot 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% IOWA f. maximum gross floor area/lot n/a sq. ft. 2. Principal Stmcture and attached accessory stmctures 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 3. Accessory stmctures - detached 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. 3. Stmcture Design, scale and inaterials Subject to site plan review - shall reflect and be sympathetic to the existing or planned character of residential stmctures in the surrounding area. 4. Office Parks and multiple buildings on one lot 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 Page 56 §2303 D Commercial Districts 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 Page 57 BLANK PAGE Town of Clay Zoning Code Page 58 §2303.D1 NC-1 Neighborhood Commercial District (based on C-2) Intent: It is the intent to maintain in NC-1 Districts the quality of environment that is usually found in areas of commercial use often located near residential neighborhoods. The intensity and scale of the uses, lots and structures are intended to be compatible to nearby residential areas. Compatibility of site development shall be enhancing by encouraging adequate provisions for landscaped open space, attractive architecture and other amenities. VSESALLOWED: A. Office of Planning and Development issuing a buUding pemiit 1. reserved B. Planning Board Site Plan approval 1. retail use (less than 5,000 sq. ft.) 4. bank-credit union 2. personal service use 5. medical office 3. office building 6. instmctional faciHty C. Planning Board Special Permit approval 1. reserved 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 4. retail use (5,000 -15,000 sq. ft.) 2. hospital/clinic 5. drive-in service 3. nursing home/assisted Hving facility 6. secondary use Cross-reference to other commonly used regidations - 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 Page 59 F. NC-1 Lot and Stmcture Dimensional Requirements 1. Lot a. area, minimum 40,000 b. width, minimum 150 n/a ft. c. depth, minimum n/a ft. d. coverage, maximum building n/a % e. coverage, maximum total n/a% f. maximum gross floor area/lot 15,000 sq, ft. 2, Principal Stmcture and attached accessory stmctures a. front yard minimum 50 ft. b. side yard minimum 1) one side 25 ft 2) total both sides 50 ft. c. rear yard minimum 25 ft. d. maximum height 30 ft. e. maximum # floors 2 f maximum # principal stmctures n/a 3. Accessory stmctures - detached a. front yard minimum 50 ft. b. side yard setback 25 ft. c. rear yard setback 25 ft. d. maximum height 15 ft. G. NC-1 Supplemental District Design Standards 1. Perimeter landscape strip 10ft. 2. Additional setback where abuttmg residential district 25 ft. 3. Lot and Stmcture Design, scale and materials Subject to site plan review - shall reflect and be consistent with the existing or planned character of the surrounding area. 4. Multiple buildings on one lot More than one principal land use and/or principal stmcture is permitted in this district subject, if appHcable, to Subdivision Review and to site plan review for each lot development. Town of Clay Zoning Code Page 60 §2303 D 2 HC-1, Highway Commercial - Oi>ased on C-2) Intent: It is the intent to maintain in this district the quality of environment that is usuallyfound in areas of commercial use often located near but generally not immediately adjacent to residential neighborhoods. The intensity arui scale ofthe uses, lots and structures are intended to be commensurate to moderately concentrated business areas. Development in these districts should be designed so as to be compatible with the general characteristics which exist or are to be expected in the nearby neighborhoods, such as open space, green areas, landscaping and architecture. VSESALLOWED: A. Office of Planning and Development issuing a buUding permit 1.reserved B. Planning Board Site Plan approval 1. retail use 4. bank-credit union 7. public self-storage facility 2. personal service use 5. theater, indoor 8. medical office 3. office building 6. shopping center 9. outdoor retail sales & service C. Planning Board Special Permit approval 1. hospital/clinic 2. nursing home/assisted living facility 3. secondary use D. ZBA Special Permit approval and optional advisory referral to the Planmng Board 1. reserved E. Town Board Special Pennit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 5. drive-in service 2. restaurant 6. hotel/motel 3. automobile car wash facility 7. veterinary care facility 4. motor vehicle sales, service & rental 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 Page 61 F. HC-1 Lot and Structure Dimensional Requirements 1. Lot a. area, minimum 80,000 sq. ft. b. width, minimum 200 ft.. c. depth, minimum n/a ft. d. coverage, maximum building n/a % e. coverage, maximum total n/a% f. maximum grossfloorarea/lot 30,000 sq. ft. 2. Principal Structure and attached accessory stmctures 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 # floors 2 f maximum # principal stmctures n/a 3. Accessory stmctures - detached a. front yard minimum 75 ft. b. side yard setback 50 ft. c. rear yard setback 50 ft. d. maximum height 25 ft. HC-1 Supplemental District Design Standards 1. Perimeter landscape strip 20 ft. 2. Additional setback where abutting residential district 30 ft. 3. Lot and Stmcture Design, scale and inaterials Subject to site plan review - shall reflect and be consistent with the existing or planned character of the surrounding area. 4. Multiple buUdmgs on one lot More than one principal land use and/or principal stmcture is permitted in this district subject, if appHcable, to Subdivision Review and to site plan review for each lot development. Town of Clay Zoning Code Page 62 §2303.D 3 RC-l Regional Commercial (based on C-3,5, 7 & 10) Intent: This district is intended to allowfor diverse, large scale commercial development ofpotentially multiple lots, structures and uses arranged in a planned and coordinated manner. Such development shall be treated as a unified development maintaining coordinated site management of shared parking, signage and similar site improvements. This district shall emphasize design to ensure compatibility with adjoining properties, land uses, public facilities and environmentalfeatures and therefore, each shopping center complex shall conform to both district and individual lot development standards. VSESALLOWED: A. Office of Planning and Development issuing a buUding permit 1. reserved B. Planning Board Site Plan approval 1. shopping center 6. restaurant 11. nursing home/asst'd. Hving facility 2. retail use 7. theater, indoor 12. public self-storage facility 3. personal service use 8. motel/hotel 13. outdoor retail sales & service 4. office building 9. medical office 14. veterinary care facility 5. bank-credit union 10. hospital/clinic Planning Board Special Permit approval 1. reserved D, ZBA Special Pemiit approval and optional advisory referral to the Planmng Board 1. reserved Town Board Special Permit approval and optional advisory referral to the Planning Board 1. emergency vehicle station 4. motor vehicle sales, rental and service 2. drive-in service 5. gasoline service station 3. automobile car wash facility 6. nightclub/dance hall 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 Town of Clay Zoning Code Page 63 F. R C - l Lot and Stmcture Dimensional Requirements 1. RC Site The following site requirements shall supersede and override any of the following individual lot or structure requirements and shall collectively apply to all lots within the complex, a. Minimum site area 5 acres b. Site Perimeter landscape Strip 30 ft. c. Additional Site Perimeter Landscape Strip abutting residential districts 50 ft. d. Cumulative Coverage stmcture & pavement 75% Required yards for an RC Site shall apply to all principal uses and structures within the RC Site. These yards are determined in the same manner as yards for an individual lot. These yards shall include within the same space any perimeter landscape strip required above. These site requirements shall apply to RC Sites occupied by a single principal use or multiple principal uses. f. Front yard 100 ft. g. Side yard (each) 75 ft. h. Rear yard 75 ft. G. R C - l Individual lot standards 1. Lot a. area, minimum n/a sq. ft. b. width, minimum n/a ft. c. depth, minimum n/a ft. d. coverage, maximum building n/a % e. coverage, maximum total 100 % f maximum gross floor area n/a sq. ft. 2. Principal Stmcture and attached accessory stmctures - These requirements apply to all structures within an RC-l shopping center site. a. front yard minimum 0 ft. b. side yard minimum 1) one side 0 ft 2) total botii sides 0 ft. c. rear yard minimum 0 ft. d. maximum height 1) office bldg, motel/hotel, hospital/clinic, nursing home/assisted living facility 50 ft. 2) all other uses 35 ft. e. maximum # floors 4 3. Accessoiy stmctures - detached a. front yard mmimum 0 ft. b. side yard setback 0 ft. c. rear yard setback 0 ft. d. maximum height Same as principal stmcture H. R C - l Supplemental District Design Standards 1. Individual lot perimeter landscape strip Subject to site plan review 2. Additional setback where abuttmg residential district n/a ft. 3. Lot and Stmcture Design, scale and materials Subject to site plan review. 4. Multiple principal uses or stmctures are permitted Subject to site plan and/or Subdivision Review, i f applicable. Town of Clay Zoning Code Page 64 §2303, D 4 LuC-1 Limited Use District for gasoline services (based on C4) Intent: The intent of this district is to augment the uses of existing or planned general commercial districts with the enumerated limited uses. In this district it allows for the iru:lusion of motor vehicle and gasoline service facilities to serve the residents, employees and customers of surrounding residential neighborhoods or business areas. VSESALLOWED: A. Office of Planning and Development issuing a buUding permit 1. reserved B. Planning Board Site Plan approval 1. gasoline service station 2. accessory uses related to the gasoline service station retail service of automobiles conducted inside a structure preparation and/or retail sale of food and other convenience store items automobile car wash facility C. Planning Board Special Permit approval 1. reserved 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. drive-in service 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 Page 65 F. LuC-1 Lot and Stmcture Dimensional Requirements 1. Lot — a. area, minimum 40,000 sq. ft. b. width, minimum 200 ft. c. depth, minimum n/a ft. d. coverage, maximum building n/a% e. coverage, maximum total n/a% 2. Principal Stmcture and attached accessory stmctures a. front yard minimum 50 ft. b. side yard minimum 1) one side 25 ft. 2) total both sides 50 ft. c. rear yard minimum 25 ft. d. maximum height n/a ft. e. maximum gross floor area n/a sq. ft. I maximum # floors n/a 3. Accessory stmctures - detached a. front yard minimum Existing Principal stmcture rear line b. side yard setback n/a ft. c. rear yard setback n/a ft. d. maximum height n/a ft. G. LuC-1 Supplemental District Design Standards Perimeter landscape strip 20 ft. Additional setback where abutting residential district 50ft.(total) Lot and Stmcture Design, scale and materials Subject to site plan review - shall reflect and be consistent with the existing or planned character of the surrounding area. Town of Clay Zoning Code Page 66 §230.3 D 5 LuC-2 Luoiited Use District for restaurants (based on C-8) Intent; The intent of this district is augment the uses of existing or planned general commercial districts with the enumerated limited uses. This district is to allow for restaurant land uses on sites that afford adequate parking, storage and relatedfacilities in a manner that is compatible with the existing or planned character ofsurrounding commercial or industrial land uses, and with minimal or no adverse affect upon publicfacilities and environmentalfeatures. VSESALLOWED: A. Office of Planning and Development issuing a buUding pemiit 1. reserved B. Planning Board Site Plan approval 1. restaurant C. Planning Board Special Permit approval 1. drive-in service D. ZBA Special Pennit approval and optional advisory referral to the Planning Board 1. reserved E. Town Board Special Pennit approval ^ d optional advisory referral to the Planning Board 1. reserved 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 Page 67 F. LuC-2 Lot and Stmcture Dimensional Requirements 1. Lot mm. a. area, minimum n/a sq. b. width, minimum n/a ft. c. depth, minimum n/a ft. d. coverage, maximum building n/a % e. coverage, maximum total n/a % 2. Principal Stmcture and attached accessory stmctures a. front yard minimum 50 ft. b. side yard minimum 1) one side 25 ft. 2) total both sides 50 ft. c. rear yard minimum 25 ft. d. maximum height n/a ft. e. maximum gross floor area n/a sq. f maximum # floors n/a Accessory stmctures - detached a. front yard minimum Existing Principal stmcture rear line b. side yard setback n/a ft. c. rear yard setback n/a ft. d. maximum height n/a ft. LuC-2 Supplemental District Design Standards 1. Perimeter landscape strip 15ft. 2. Additional setback where abutting residential district 30ft.(total) 3. Lot and Stmcture Design, scale and materials Subject to site plan review - shall reflect and be consistent with the existing or planned character of the surrounding area. Town of Clay Zoning Code Page 68 §2303 E Industrial Districts Introduction - The Industrial districts that are for those areas of the Town found to be suitable for heavy commercial and/or industrial activities. These activities comprise land uses and structures ihat are engaged in the large scale production or processing of raw materials; the transformation of materialsfromone form to another; the handling, storage or production ofsignificant quantities of potentially hazardous or objectionable materials, and/or the use of dangerous or obnoxious processes used in the production or handling of materials. All of these activities are expected to require good access to transportation routes, extra attention forfireand emergency services, and may require specialized water or sanitary sewage services. The districts are generally ordered in increasing level of intensity. Industrial District 1 is for lowest intensity types of industrial land uses - those that operate within enclosed structures and are least likely to have adverse impacts beyond their individual properties. Industrial 2 is for moderate intensity land uses that may have exterior activity, will tend to be larger in scale and may have more objectionable characteristics requiring more monitoring and mitigation measures. The S-1 Special Uses District is for high intensity land uses that may employ unique processes or materials which need to be sensitively placed within the Town. 1. Performance Standards for ALL Industrial Districts a. Noise. No land use activity shall emit noises measured at the property lines of the subject property exceedmg seventy (70) decibels(A) between 6 A.M. and 10 P.M., or sixty (60) decibels(A) between 10 P.M. and 6 A.M. These maximum sound levels may be intermittently exceeded by not more than seven (7) decibels(A) for a maximum of six (6) minutes during any sixty (60) minute period. Any land use activity on property that is entfrely or partially within 500 feet of a Residential 2^ne District shall be subject to the more restrictive noise standards of either this section or ofthe Town of Clay Codes Chapter 152. b. Vibration. No land use activity shall emit intermittentiy or as a result of nonnal operations any vibration that creates an unreasonable displacement as determined at the property lines ofthe subject property by the Commissioner. c. Dust and dirt. No land use activity shall emit quantities of soot, cinders orflyash measured at the emitting source, in excess of the more restrictive current standard of either the United State Environmental Protection Agency (EPA) or N.Y.S. Department of Environmental Conservation (NYS DEC). Other kinds of dust, dirt and other particulate matter shall not exceed any applicable emission standards estabUshed by either by EPA or NYS DEC. There shall be no dust and/or dirt generated by any other sources related to the land use activity as observed by the Commissioner crossing the property lines of the subject property. d. Smoke. No land use activity shall emit smoke measured at the emitting source, in excess of the more restrictive current standard of either the United States Envfronmental Protection Agency (EPA), U.S. Bureau of Mines or N.Y.S. Department of Environmental Conservation (NYS DEC) as observed by the Commissioner. e. Noxious gases. No land use activity shall emit such quantities of noxious acids, fumes, or gases in such manner and concentration as to endanger the health or safety of any person, or to cause or have a tendency to cause injury or damage to property, business or vegetation. f. Odor. No land use activity shall emit any odor that is unreasonably offensive as determined by the Commissioner at the property lines. Town of Clay Zoning Code Page 69 g. Lighting and Glare, No land use activity shall illuminate its property or engage in processes that emit dfrect or reflected glare that is determined by the Commissioner to be unreasonably intense or offensive when visible at the property lines. No lighting of signs, buildings or yards shall be allowed unless it is ofsuch intensity, location, dfrection and shielding so as not to impafr the vision of any motor vehicle driver. Any land use activity, stmcture or site improvement on property that is entirely or partially within 500 feet ofa Residential Zone District shaU be subject to the more restrictive lighting stanckrds of either this section or of tiie Town of Clay Zoning Code Section 230-38 B (6) Illumination. h. Radioactive materials. No land use activity shall emit any form or quantities ofradioactiveinaterials that are considered unsafe under standards established by the United States Bureau of Standards, and/or the N.Y.S Department of Labor. i . Fire and safety hazards. All buildings, operations, storage, waste disposal, etc. shall be in accordance with appHcable provisions ofthe N.Y.S. Unifonn Ffre Prevention and Bmlding Code. 2. reserved for additional comments and common regulations for the foUowing zones Town of Clay Zoning Code Page 70 §230-3.E 1 I-l Industrial 1 District I-l Intent: The purpose of the I-l district is to promote and accommodate those kinds of industrial uses that provide the logistical assembly, shipping, storage, servicing, or similar support for retail or other business uses. Non- industrial uses are limited to large office buildings or land uses that are essential to the district These uses are expected to conduct all operations in one or more buildings organized in a well-planned setting md within enclosed structures in a clean, quiet manner that result in little or no exterior evidence of industrial activity and therefore can be compatible to nearby commercial or residential areas. VSESALLOWED: In addition to thefollowing requirements, ALL land uses and/or structures shall comply with all relevant local, County, State or Federal permits and regulations prior to or as a condition offinai zoning approval. A. Department of Planning and Development issuing a buUding permit 1. reserved B. Planning Board Site Plan approval and within enclosed structure 1. office building (not less than 15,000 sq. ft. total floor area) 5. warehouse 2. exhibit hall 6. manufacturing 3. public self-storage facility 7. emergency vehicle station 4. wholesale 8. cropland C. Planning Board Special Permit approval 1. accessory exterior activity ofthe permitted uses listed above D. ZBA Special Permit approval and optional advisory referral to the Planning Board 1. reserved E. Town Board Special Pemiit approval and optional advisory referral to the Planning Board 1, tmcking terminal 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 dimensiorml 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 Page 71 F. Industrial 1 Lot and Stmcture Dimensional Requfrements 1. Lot a. area, minimum n/a b. width, minimum n/a. c. depth, minimum n/a d. coverage, maximum building 60% e. coverage, maximum total 80% 2. Principal Stmctures and attached accessory stmctures a. front yard minimum NYS or County Highway 200 ft. Town or Private Highway 50 ft. b. side yard minimums 25 ft. c. rear yard minimum 25 ft. d. maximum height n/a e. maximum grossfloorarea n/a f. maximum # floors n/a 3. Accessory structures - detached a. front yard minimum Existing Principal stmcture rear line b. side yard setback 25 ft. c. rear yard setback 25 ft. d. maximum height same as principal stmcture Industrial 1 Supplemental District Design Standards 1. Front perimeter landscape strip (% offrontyard depth) 50 % 2. Additional side or rear yards where abutting a non-Industrial district 50 ft. 3. Structure Design, scale and materials a) When a new or modified land use and/or stmcture is proposed on any property that is entfrely or partially within 500 feet ofa Residential Zone District boundary then the reviewing board shall also consider the compatibility of the site and building design, scale of site development, and any impacts related to such development with the existing or planned character of those Residential zones. b) Any open storage of materials or waste shall be screenedfromviewfromall property lines with a seven (7) foot high fence, hedge or similar opaque barrier. Such screening shaU comply with applicable setbacks. c) 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 ofthe building and its massing, roofline, exterior fagade materials, windows, doors and service areas and otiier aspects ofthe building design. Town of Clay Zoning Code Page 72 §230-3. E 2 1-2 Industrial 2 District 1-2 Intent: The purpose ofthe 1-2 district is to promote and accommodate processes that primarily operate in clean and orderly manner that may involve exterior activities sensitive to environmental features and available public services. Other uses are permitted that provide the logistical assembly, shipping, storage, servicing, or similar supportfor retail or other business uses. This district should be located awayfromresidential districts. VSESALLOWED: In addition to thefollowing requirements, ALL land uses and/or structures shall comply with all relevant local, County, State or Federal permits and regulations prior to or as a condition offinai zoning approval. A. Department of Planning and Development issuing a buUding permit 1. reserved B. Planning Board Site Plan approval 1. exhibit hall 6. utiHty substation 2. wholesale 7. emergency vehicle station 3. warehouse 8. building products sale, storage and display 4. tmcking terminal 9. cropland 5. manufacturing 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 Pennit approval ^od optional advisory referral to the Planning Board 1. heavy equipment sales, service, exterior storage and display 2. contractor's service yard 3. motor vehicle storage Cross-reference to other commonly used regulations - see sections noted 1. 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. 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 Town of Clay Zoning Code Page 73 F. Industrial 2 Lot and Stmcture Dimensional Requirements *When a lot is surrounded on ALL sides (including across a highway ROW) by other Industrial zones the standards with the * asterisk apply. 1. Lot a. area, minimum n/a b. width, minimum n/a c. depth, minimum n/a d. coverage, maximum building 60% - * 75 % e. coverage, maximum total 80% - * 90 % 2. Principal Stmctures and attached accessory stmctures a. front yard minimum NYS or County Highway 200 ft. Town or Private Highway 50 ft. b. side yard minimums 25 ft. c. rear yard minimum 25 ft. d. maximum height n/a e. maximum gross fioor area n/a f. maximum # floors n/a 3. Accessory stmctures - detached a. front yard minimum Existing Principal stmcture rear line b. side yard setback 25 ft- c. rear yard setback 25 ft. d. maximum height same as principal structure Industrial 2 Supplemental District Design Standards 1. Front perimeter landscape strip (% offrontyard depth) 50 % * 25% 2. Additional side or rear yards where abutting a non-Industrial district 100 ft. 3. Stmcture Design, scale and materials a) When a new or modified land use and/or stmcture is proposed on any property that is entfrely or partially within 500 feet of a Residential Zone District boundary then thereviewingboard shall also consider the compatibility of the site and building design, scale of site development, and any impacts related to such development with the existing or planned character of those Residential zones. b) Any open storage of materials or waste shall be screenedfromviewfromall property lines with a seven (7) foot high fence, hedge or similar opaque barrier. Such screening shaU comply with appHcable setbacks. Town of Clay Zoning Code Page 74 §230-3. E 3 S-1 Special Use District S-1 Intent: It is the purpose ofthe S-1 district to permit uses, that are likely to have objectionable features by issuance of a special permit by the Town Board. In order to control and mitigate the objectionable effects of a proposed use the special permit process is intended to be explicitly limited to the approved activity. Any change of use will require the issuance of a new special permit by the Town Board. To the maximum extent possible this district should be located in existing or planned industrial areas with substantial physical distancesfromresidential neighborhoods. Furthermore, it shall be the on-going policy of the Town to strictly monitor these uses and to periodically evaluate their associated benefits and/or impacts upon the Town. Upon discontinuance of any of these uses, the Town will seek to establish new or zone districts that itfindsto be compatible to the existing or planned developments within the vicinity of the site. VSESALLOWED: In addition io thefollowing requirements, ALL land uses and/or stmctures shall comply with all relevant local. County, State or Federal permits and regulations prior to or as a condition offinal zoning approval. A. Town Board Special Permit approval and optional advisory referral to the Planning Board 1. rendering plant 4. recycling bulk process facility 2. slaughter house 5. hazardous material storage 3. dump 6. bulk storage - liquid or gaseous hazardous materials B. Discontinuance or Change of an approved land use 1. Short-term discontinuance When an approved operating land use ceases operation for a period of at least 12 consecutive months a new appHcation shall be submitted and reviewed to re-start the land use or to change land uses pursuant to the procedures requfred in A. above. 2. Long-term discontinuance: When an approved operating land use ceases operation for a period of 24 or more consecutive months the Town may initiate on its own action a zone change for the site to a zone district itfindsto be consistent with the existing or planned development ofthe area surrounding the site. 3. Change in land use: Any change of an approved operating land use (currently functioning or discontinued less than 12 consecutive months) to a different land use allowed within this district shaU require a new Special Permit by the Town Board, subject to proceduresrequfredin A. above. 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. 5D 7. Highway Overlay Zone See §230.3 G Town of Clay Zoning Code Page 75 D. S-1 Lot and Stmcture Dimensional Requirements *When a lot is surrounded on ALL sides (including across a highway ROW) by other Industrial zones — "— the standards with the * asterisk apply. 1. Lot a. area, minimum 5 acres b. width, minimum n/a. c. depth, minimum n/a. d. coverage, maximum buildmg 60% e. coverage, maximum total 80% 2. Principal Stmctures and attached accessory stmctures a. front yard minimum NYS or County Highway 300 ft.- -*200 ft. Town or Private Highway 100 ft.- -* 50 ft. «. b. side yard minimums 50 ft. c. rear yard minimum 50 ft. d. maximum height 50 ft. e. maximum grossfloorarea n/a. f. maximum # floors n/a 3. Accessory stmctures - detached a. front yard minimum Same as principal stmcture b. side yard setback 50 ft. c. rear yard setback 50ft. d. maximum height Same as principal stmcture E. S-1 Supplemental District Design Standards 1. Front perimeter landscape strip (% offrontyard depth) 50 % *25% 2. Additional side or rear yards where abutting a non-Industrial district 100 ft. 3. Stmcture Design, scale and materials a) When a new or modified land use and/or stmcture is proposed on any property that is entfrely or partially within 500 feet ofa Residential Zone District boundary then the reviewmg board shall also consider the compatibility ofthe site and building design, scale of site development, and any impacts related to such development with the existing or planned character of those Residential zones. b) Any open storage of materials or waste shall be screenedfromviewfromall property lines with a seven (7) foot high fence, hedge or similar opaque barrier. Such screening shaU comply with applicable setbacks, that may be applicable to the proposed use or subject property. Town of Clay Zoning Code Page 76 §2303 F - PDD - PLANNED DEVELOPMENT DISTRICT - Contents ofthe PDD Section 230.3F 1. PLANNED DEVELOPMENT DISTRICT (PDD) Introductory section - intent and procedure overview 2303F 2. AUTHORIZATION FOR A PDD - Authorization stating basic land use, area and timing expectations. Note: The next three sections (§2303F 3-5) describe the procedures for proposing, reviewing and adopting a PDD, During this entire process there will be frequent communication and interaction between the Town Board and Planning Board, The primary and advisory roles of each board will vary depending upon the step in the process. 2303F 3. PDD CONCEPT PLAN REVIEW (STEP 1) - (Town Board leads) is the initial consideration ofthe idea for a PDD. Section contains procedures for the Town Board, review criteria to evaluate the proposal, and submission requirements for this step. 2303F 4, PDD PROJECT PLAN REVIEW (STEP 2) - (Planning Board leads) is the preparation and review of detailed plans and documentation for the proposed PDD. Section contains procedures for the Planning Board, review criteria to evaluate the proposal, and submission requirements for this step. 2303F 5. PDD ADOPTION (STEP 3) - (Town Board leads) is thefinalizationofall plans and documentation that is to be consideredforformal adoption by the Town Board. Section contains procedures for the Town Board, review criteria to evaluate the proposal, and submission requirements for this step. 2303F 6 IMPLEMENTING THE PDD - Describes additional reviews that may be requiredfor an adopted PDD to fulfill in order to initiate actual development. 2303F 7. MODIFICATIONS AND AMENDMENTS TO AN EXISTING PDD - Standards and procedures to address routine and major changes that may occur. 2303F 8, PDD DEFAULT DIMENSIONAL AND PERFORMANCE STANDARDS - A set of automatic DEFA ULT land use and dimensional controls to be applied if the approved PDD documents purposely accept the default standards or inadvertently OMIT establishing a specific regulatory control. Town of Clay Zoning Code Page 77 §2303F 1 PLANNED DEVELOPMENT DISTRICT (PDD) A. Intent This district allowsfor a variety of land uses and a flexible arrangements of lots, structures, and land uses in a well-planned and coordinated design. Theflexibilityof land uses and lots is achieved by the Town continuously participating in and approving stages ofproject planning and development. Any combination of land uses already permitted within the Town may be proposed for development on sites under this district. This district is also intended to accommodate land uses or scales of development that may be unique or require more consideration by the Town. This district may be applied anywhere in the Town provided the project scale and design is found to further Town planning goals and to be compatible and coordinated with the environmental constraints and the existing and/or planned availability of public water, sewer, drainage, and transportation facilities. Substantively and procedurally the PDD is intended to promote and maintain a dialogue between the applicant and the Town, The PDD enables both the applicant and the Town to customize the development of a site in ways that are not feasible in conventional zone districts. The development standards are NOT predetermined but are createdjointly by the applicant and the Town via the procedures set forth is this section. B. Procedure Overview The classification of any property within the Planned Development District (PDD) requires the undertaking of a three-step process involving the approvals from both the Town Board and the Planning Board. In the first step - Concept Plan Review, the Town Board in its legislative capacity establishes the boundaries of the proposed PDD and sets the limits on the nature and range of uses, geometric and site controls and overall project planning. The Town Board's action is in response to the applicant's submission of a general outline that sets forth the contemplated development for the proposed PDD. This step begins a dialosue between the apDlicant and the Town. And it does NOT commit ike Town Board to adopt a PDD zone change in the final step of this process. In the second step - Project Plan Review, The Planning Board is delegated by the Town Board to be responsiblefor ensuring that the general concept outline approved by the Town Board will properly implemented. The Planning Board achieves compliance by reviewing and approving the Project Plan submitted by the applicant. The Project Plan is the detailed narrative and graphic documentation for the development of the entire PDD. The final steps - Implementation and Enforcement are through aformal Zone Change by the Town Board and Site Plan and/or Subdivision Reviews of individual sites or portions of the PDD by the Planning Board that ensure the actual construction and developmentfully implement the Concept and Project Plans adopted in the formation of the PDD. §2303F2 AUTHORIZATION FOR A PDD A. Type of Action Establishment ofa Planned Development District (PDD) is a zone change to the zoning map made by the Town Board, pursuant to the requfrements of the N.Y.S. Town Laws goveming the formation and modifications of zone districts, tiie local requfrements ofthe Town of Clay and the procedures of this section. Town of Clay Zoning Code Page 78 B. Application to Specific Lands The PDD regulations are applied and effective to only a specific areatiiatmay include moretiianone property. The zoning map is amended, upon adoption of an approval resolution by the Town Board ofa PDD Project Plan pursuant totiierequfrements of this section. No pemuts or otiier approvals are issued until the zone change has been approved by the Town Board as stipulated in PDD ADOPTION (Step 3). Land Uses Permitted 1- Generally - The Town Board shall specify the land uses pennitted within the PDD when the Concept Plan for such district is accepted and may identify specific uses for lots or sub-areas within the PDD. The Town Board may establish the unit densities and other dimensional and performance standards for all uses. IftiieTown Board chooses not to establish such standards, tiien the provisions of PDD DEFAULT DIMENSIONAL AND PERFORMANCE STANDARDS of this section shall apply. 2. Pre-assigned Land Uses - The PDD shall also be used to address uses which, due to thefr size or character, have potentially significant impacts and requfre maximum review of location, scale and design. The following uses shall be pennitted only in a PDD upon specific approval ofthe Town Board: Public or private airport Theme - amusement park Resort Complex - Conference Center RESERVED FOR FUTURE LAND USE 3. Minimum PDD Area a. Minimum area - No PDD shall have a gross land area of less than twenty-five (25) acres, exclusive of existing publicrights-of-way,uitiess otherwise specified by the Town Board. b. Adding area - Once established, a PDD may be enlarged to include other contiguous areas regardless of their size. Such areas, if separated by a publicright-of-way,may be considered contiguous if in the opinion ofthe Town Board the continuity of the original PDD is maintained or enhanced, C. Phased Development 1. PDD Sub-Areas - The Town Board may identify portions of a PDD as discrete geographic sub- areas ofthe project. Such designated sub-areas (sections or phases) may have land uses or standards differentfromthe balance ofthe PDD provided ti^t such designated sub-areas are fully integrated in the overall development for the entfre PDD. 2. Project Staging - The Town Board may estabHsh the sequence m which development of a PDD shall proceed by specifying the order in which sub-areas, sections or phases of a PDD are to be developed. If not specified by the Town Board, the Planning Board may, on its own initiative during the Project Plan Review, establish a sequence of project staging or approve a proposed sequence by the applicant, 3. Review of Project Phases - If a proposed PDD is to be undertaken in a staged development, tiie Town Board, during Concept Review, may phase the schedule of fhe Planning Board's Project Town of Clay Zoning Code Page 79 Plan Approval to correspond with the approved project staging. The ffrst phase shall consist ofa minimum of 25% ofthe total PDD area. §230.3F 3 PDD CONCEPT PLAN REVIEW (STEP 1) In the first step - Concept Plan Review, the Town Board in its legislative capacity establishes the boundaries of the proposed PDD and sets the limits on the nature and range of uses, geometric and site controls and overall project planning. The Town Board's action is in response to the applicant's submission of a general outline that setsforth the contemplated developmentfor the proposed PDD. This step beeins a dialosue between the applicant and the Town: and it does NOT commit the Town Board to adopt a PDD zone change in the final step of this process. A. Concept Plan Review Procedures 1. Receipt and Refenal - An applicant wishing to propose a PDD shall prepare and submit documents (see Concept Plan Submissions) to the Town Board. Upon receipt ofa PDD proposal, the Town Boards can accept or refiise to consider the proposal for further action. If the Town Board accepts the PDD proposal for consideration it shall refer the PDD submission documents to the Plarming Board for its advisory opinion on the formation ofthe PDD. The Plarming Board shallrespondto the Town Board with a written report of its findings and recommendations within a time period established by the Town Board, to be not less than thirty days and not more than 90 days unless modified by mutual agreement ofthe Town Board and Planning Board. 2. SEOR - The Town Board shall declare itself lead agency for purposes ofthe NYS Envfronmental Quality Review Act and shall determine i f the proposed PDD is a Type I or Unlisted Action and make the appropriate notification or referrals to the applicable municipalities, involved or interested agencies or other levels of govemment. 3. Review and Discussion - Prior to any informational or public hearing the Town Board may meet with the applicant, the Planning Board or other interested parties to discuss the PDD proposal. 4. Informational Hearings - The Town Board may hold an informational hearing; after which and upon the consideration of the recommendations by the Planning Board and other agencies, it may proceed to act on the proposed PDD Concept Plan. 5. Concept Plan Acceptance - The Town Board shall consider the proposal and vote to accept, modify or reject the PDD Concept. If the Town Board accepts or modifies the PDD Concept it shall prepare a written resolution indicating its findings and its willingness to entertain a zone change upon completion of a PDD Project Plan. It shaU also authorize the Planning Board to engage in the review and possible approval of a PDD Project Plan, It may instmct the Planning Board ofthe specific land uses, nature of buildings, minimum area and geometric controls to be maintained in the PDD or in designated sub-areas, project phasing and atimetableof Planning Board review. Theresolutionshall include a copy ofthe accepted written and graphic PDD Concept plans, any SEQR-related materials, and otherrelevantinformation. 6. Concept Plan Acceptance Date - The date of Town Board acceptance only initiates the second review phase ofthe PDD procedures. Upon concept acceptance the PDD is NOT in effect and the applicant does NOT obtain vestedrightsfor development. Town of Clay Zoning Code Page 80 B. Concept Plan Review Criteria The Town Board shall find that approval of a PDD Concept is reasonable and appropriate in furthering the overall land development policies and goals of the Town. In making this detennination the Town Board shall consider and record in its resolution of acceptance how the proposed PDD address the foUowing: 1. Comprehensive planning activities of the Town of Clay. 2. AppHcable infrastmcture plans and poHcies. 3. Applicable environmental policies and programs. 4. Responds to conditions or issues not previously addressed by the Town of Clay. C. Concept Flan Submission Requirements In order to obtain the conceptual approval of the Town Board for the establishment ofa Planned Development District a Concept plan oftiieproposal shall be submitted comprised of the following components: 1. Narrative component - A brief written nanative outlining the applicant's overall concept for the proposed PDD mcluding, but not limited to the following: an explanation of how the proposed PDD conforms to Concept Plan Review Criteria, the range and mix ofland uses, development density, building types, impact upon existing and provision for pubHc facilities, points of access, parking, open space/recreation areas, projectfinancingand phasing, and other appHcable items. 2. Graphic component - A generalized graphic plan of the entfre site, drawn to a scale that reasonably depicts the land use, development pattems, density and unprovements addressed in the applicant's narrative statement. 3. Project Schedule - An outline ofthe expected sequence and duration to fully implement and constmct the entfre PDDr 4. SEOR - The Long Envfronmental Assessment forms (LEAF), as determined by the Town, in accordance with the N.Y. State Environmental QuaHty Review Act (SEQR). 5. Survey - Survey(s) or tax maps ofthe property or properties proposed for inclusion in the PDD as part of the graphic component. 6. Zone Change Application forms - forms as required by the TOWTI of Clay, availablefromthe Department of Planning and Development. §2303F 4 PDD PROJECT PLAN REVIEW (STEP 2) In the second step - Project Plan Review, The Planning Board is delegated by the Town Board to be responsible for ensuring that the general concept outline approved by the Town Board will properly implemented. The Planning Board achieves compliance by reviewing and approving the Project Plan submitted by the applicant. The Project Plan is the detailed narrative and graphic documentation for the development of the entire PDD. This step begins with thefollowing actions ofthe Planning Board and concludes with a recommendation to the Town Board. Town of Clay Zoning Code Page 81 A. Project Plan Review Procedures 1. Transfer to the Planning Board Upon acceptance of a PDD Concept Plan by the Town Board the Planning Board shall begin with the appHcanttiiedevelopment of a PDD Rroject Plan. 2. Submittals - The Project Plan is a substantial elaboration of the Concept Plan accepted by the Town Board. It is a significantiy more detailed narrative and graphic documentation for the development ofthe entire land area or of designated sub-areas within the PDD (see Submission Requirements). The applicant shall prepare and submit Project Plan inaterials to the Planning Board. The applicant may submit materials immediately following PDD Concept Plan acceptance by the Town Board. All materials shall be prepared and completed to the satisfaction of the Planning Board. 3. Review Schedule Unless otherwise specified by the Town Board, the Project Plan shall be acted upon by the Planning Board within 180 days ofthe approval date ofthe PDD Concept Plan by the Town Board. Anytimewithin this period the Planning Board or the applicant may request or recommend to the Town Board a modification of this schedule. Failure to obtain Project Plan acceptance within the requfredtimelimits shall cause the Concept Plan authorization to lapse. 4. SEOR - A thorough analysis of environmental issues shall commence during this stage ofthe PDD review process under the authority ofthe Town Board. The Town Board may retain oversight responsibility or it may dfrect the Planning Board to oversee the preparation and completion of any environmental analysis or DEIS. In either case, the Planning Board shall advise the Town Board on the scope and the necessity for a preparation of an enviromnent analysis or a Draft Envfronmental Impact Statement (DEIS). 5. Analysis, Review. Discussion and Referrals - During its review the Plamiing Board shall engage in a substantive review of the Project Plan. It may meet with applicant, govemment agencies or other interested parties to improve its understandmg of the proposal. The Planning Board may refer the proposed Project Plans to appropriate govemmental agencies for any advisory opinion or recommendation. The Planning Board shall direct the preparation ofa written report of the Board's interim analysis, fmdings and progress. 6. friformational Hearings - The Planning Board may hold informational hearings for fact-finding and to gather community input. 7. PDD Project Plan Review Completion The Planning Board shall, when it concludes its analysis and review (1 thm 6 above) vote torecommendthat the Town Board accept, accept with modifications or reject the PDD Project Plan. It shall base itsrecommendationupon finding that the proposed Project Plan is in accordance with the approved Concept Plan, the Town Subdivision Regulations, and aU applicable codes and regulations of Onondaga County and New York State. 8. Planning Board Recommendation - The Planning Board shall, if it finds that all inaterials and infonnation are acceptable, dfrect the preparation of a written report to the Town Board containing its fmdings and recommendations. The report shall include, if appropriate, the accepted written and graphic PDD Project Plans, a PDD constmction and development schedule, recommended methods of implementation following fmal PDD adoption, a draft DEIS or recommended SEQR findings, and any otherrelevantmaterials. Town of Clay Zoning Code Page 82 B. Project Plan Review Criteria The Planning Board shall determinetiiatapproval of a PDD Project Plan is reasonable and appropriate in meeting the objectives of the accepted Concept Plan and thattiieProject Plan furthers the overall land development policies and goals ofthe Town, In making this determination the Planning Board shall apply its collective experience and judgement to evaluate the appropriateness of the development proposed in the Project Plan. It shall also consider and record in its resolution of recommendation to the Town Board how the proposed PDD addresses the following: 1. Uses & Stmctures - The variety and arrangement of land uses and stmctures throughout the proposed development is appropriate for the site. The Planning Board may not specifically prohibit nor permit uses or stmctures not similarly authorized by the Town Board. 2. Dimensional Standards - The Planning Board shall ensure compliance ofthe Project Plan guided by the Town Board resolution conceptually accepting the PDD. It shall evaluatetiieProject Plan with respect to the minimum area and geometric controls and otiier standards set forth by the Town Board or the default standards of this section if not specifically modified by the Town Board. It shall evaluate the appropriateness of the proposed density of development and other factors it finds relevant such as location, community needs, public infi-astmcture and relationship to surrounding development. 3. Subdivision Review - In anticipation of PDD acceptance and potential subdivision action tiie Planning Board may simultaneously review any proposed subdivision sketch plans to determine conformance to Town Subdivision Regulations. 4. Other Zoning Reviews - The Planning Board shall specify recommended zoning review processes and permits that wiU control and monitor the implementation ofthe PDD. Feasibility of Completing the PDD - The Plamung Board shall evaluate and comment whether the proposed sequence, staging and expected schedule for implementing the PDD can be achieved in the manner described. It shall seek to identify any public infi^stmcture or improvements that are related to or contingent upon the successful completion ofthe proposed PDD and set forth a preliminary schedule of PDD milestones that are to be achieved after adoption. C. Project Plan Submission Requirements 1. Project Plan Submissions - The Project Plan of the entfre site must include graphic documentation, maps, drawings and other inaterials that show at a sufficient scale and detail to allow the Planning Board to evaluate the feasibility and impacts of the proposed development. (a) Site plans for all construction areas preliminarily showing approximate size, height, and buUc of buildable areas. (b) Preliminary Landscaping plans showing aU open space, plazas, malls, courts, and pedes- trian ways, ponds, waterways or similar landscaped features. (c) Preliminary grading plans showing existing and proposed topographic contours and any significant natural or sensitive envfronmental resources. Town of Clay Zoning Code Page 83 (d) Improvement plans showdng existing and proposed drainage, water and sewer facilities, easements, if any, within or affected by the proposed development. (e) Vehicular and pedestrian cfrculation plans showing proposed streets, points of access, sidewalks and off-street parking and loading to serve any proposed building or facilities. (f) Proposed constmction schedule, sequence of development, project financing and preUminary milestones to be achieved from time of adoption to completion. (g) Preliminary contract and filing documents between applicant and Town for any public facilities, districts, enforcement and management of the PDD. 2. Supporting and Explanatory Material - The Planning Board may require the submission of additional material to explain and justify the Project Plan, which could include but is not limited to the following: (a) Information necessary to assure compatibility ofthe proposed project with adjoining existing uses and to town planning objectives. (b) An explanation ofthe maimer in which all requfrements ofthe Project Plan and of other appHcable regulations are to be met. (c) Expected treatments or project-wide strategies for issues such as: signs, lighting, snow storage, building and site aesthetics. (d) Impact and relationship to existing or proposed public services such as: public infrastructure; solid waste collection; emergency vehicle, police and ffre protection. §2303F5 PDD ADOPTION (STEP 3) The final steps - Implementation and Enforcement are through a formal Zone Change by the Town Board arui Site Plan and/or Subdivision Reviews of individual sites or portions of the PDD by the Planning Board that ensure the actual construction and development fully implement the Concept and Project Plans adopted in theformation of the PDD. A. PDD Adoption Procedures A PDD takes effect only upon the Town Board's approval or approval with modifications of a zone change incorporating the PDD Project Plan accepted by the Planning Board and according to fhe PDD Criteria for Adoption and Submission Requfrements. 1. Recommendation to Town Board - The Planning Board completes and returns its written recommendation ofthe Project Plan to the Town Board. Upon receipt the Tovm Board may proceed to considering a zone change for the proposal. 2. Hearings, Referrals and SEOR - The Town Board shall pursuant to law and this Code conduct a pubUc hearing(s), make all requfred referrals not previously completed, andfinalizethe SEQR process. 3. Project Plan Action - The Town Board shall approve, approve with modification or disapprove the PDD Project Plan referred by the Planning Board. The Town Board resolution shall expHcitly state that the proposed dimensional controls are accepted or the defeult dimensional and Town of Clay Zoning Code Page 84 performance standards apply. It shall also explicitly state the accepted staging and schedule to implement and constmct the proposed PDD 4. Zone Change Action - Upon Project Plan adoption the Town Board shall vote to grant the zone change and file its action pursuant to local and State requfrements. 5. FiHng of Approvals - The PDD shall be effective upon proper execution and filing of all documents, contracts and plans as a supplement to the zoning map. B. PDD Criteria for Final Adoption 1. The Town Board shall confirm or modify and re-state its findings of Town goals addressed in the Concept Plan (Step 1) Acceptance above. 2. The Tovm Board shall confirm that the PDD Project Plan (Step 2) fulfills the expectations established in the Concept Plan accepted or as subsequentiy modified. C. PDD Adoption Submission Requirements 1. Forms and documentation - copies of materials approved by the Planning Board. 2. Reports, Referrals and Recommendations - any documents developed or received by the Planning Board during Project Plan review. 3. Survey(s) and legal descriptions of properties included in the entfre PDD. 4. SEQR documentation, DEIS and preliminary draft Findings (if prepared). 5. Final drafts of all contracts,filingdocuments and plans and enforcement instmctions. §2303F 6 IMPLEMENTING THE PDD This section identifies processes that are anticipated to be necessary following Town Board approving action on the PDD, and depending on the specifics of the proposal, to allow for actual construction and occupancy of a PDD proposal. These processes will address development ofPDD project details and potential project changes that arefidlyconsistent with the approved Project Plan. These other permits and approvals may be obtained by the applicant pursuant to the requirements of those iruiividualprocesses and/or the requirements specified in the resolution adopting the PDD. A. Town Permits 1. Constmction Compliance Any use or stmcture, open space, infirastmcture improvement or regrading shall be established pursuant to the standards set forth in the adoption of the PDD. 2. Site Plan & Special Permit Subject to the instmctions of the Town Board in final resolution of PDD adoption, the standards, procedures and submission requfrements of Site Plan and/or Special Pennit are to be appHed for those individual uses, structures, or improvements, 3. Subdivision Review - The standards and procedures of the Town Subdivision Regulations for the establishment of any new lot configurations. Town of Clay Zoning Code Page 85 4. All Other Town Permits Building, highway access and similar permits are requfred to be obtained pursuant to their respective permit requfrements. B. Other Pemiits All Other Agency Permits RequiredfromFederal, State or County shall be obtained prior to on- site development activity. C. FaUure to Implement the PDD The Town Board may consider, after notification to the developer-applicant, re-zoning actions to aitemative zone districts if the PDD constmction ofthe entire project or of specified phases is not completed or if adopted PDD milestones are not achieved within [18] months ofthe approved PDD project schedule. §230.3F 7 MODIFICATIONS AND AMENDMENTS TO AN EXISTING PDD This section describes how changes are addressed after a PDD has been adopted, constructed and/or occupied. All changes to an existing PDD will be regulated by the following provisions: changes that will affect individual lots that have been subsequently established after the PDD adoption will require approval by the Commissioner or the ZBA; changes that are directed to the entire PDD or to an identified stage of the PDD will require review by either the Planning Board or Town Board depending on the perceived effect. A. Minor Modifications Affecting One (1) Property The Commissioner of Planning and Development shall evaluate all modifications and may either refer the proposal for consideration of a Variance by the ZBA or approve minor modifications for development with the PDD pursuant to the following: 1. Thresholds a) The proposed change is applicable to one property within the PDD. b) The proposed change complies with the land use, dimensional and perfonnance standards. c) There is no change in the defined land use. d) The basic physical relationship and function of buUdings and improvements is maintained. 2. Criteria - The Commissioner canfindthat the proposed modification does not: requfre any modification of applicable standards, substantially alter the propertyfromthe approved plan and does not change the relationship to suirounding properties or improvements. 3. Procedure - The Commissioner shall process and document the approval of such modifications m a manner consistent vdth the general procedural and enforcement provisions of this Code. The Commissioner may issue a building permit, certificate of compliance or similar approvals (e.g. minor subdivision or site plan adjustments) when authorized by this Code. 4. Waivers of PDD standards - The Commissionerfindsthat the change for a proposed development, improvement, or modification fails to comply with the land use, dimensional or performance standards adopted for the specific PDD and shall be subject to the procedures and standards for issuance ofa Use or Area Variance by the Zoning Board of Appeals. Town of Clay Zoning Code Page 5- Transfer to Planning Board or Town Board - The Commissioner may requfre any requested modification to be submitted for a PDD Intermediate Design and Land Use Modification by the Planning Board or to the Town Board for a Major Modification. B. Intermediate Modifications - Project Plan Amendment Existing or approved PDD land uses, stmctures and improvements may be altered or modified after the effective date of PDD adoption. Unless otherwise required by the Town Board or Planning Board such modifications shall be subject to the issuance ofa Project Plan Amendment by the Planning Board pursuant to the following: 1. Thresholds a) There are change(s) in type or location of approved land uses within the same general land use category (e.g. residential, commercial, industrial) and within the same PDD section identified in the approved Project Plan. b) Increase infloorarea in excess of 10% of a principal or accessory stmcture. c) Demolition ofa principal stmcture, except where mandated by an appropriate official in the interest of public safety. d) Establishment orrealignmentof new streets or other public/ common areas. e) Any change, except routine replacement and maintenance, to landscaping, open space, parking, public facilities or other improvements addressed in the project plan. 2. Criteria - The Planning Board shall find that the proposed modification does not substantially alter any modification of applicable standards, maintains the basic relationship of the property to the approved Project Plan and maintains the basic relationship to surrounding properties or improvements. 3. Procedure - The Plannuig Board shall review and consider a Project Plan Amendment under procedures set forth in this section for adoption of a Project Plan (Step 2) EXCEPT that Town Board approval shall not be requfred. 4. Transfer to Town Board - The Planning Board may, at any time, find that the proposed modification substantially alters the Project Plan and requfre the requested modification to be submitted for a PDD Major Amendment by the Town Board. C. Major Modifications Any modification not addressed by the minor or intermediate modifications above, exceeding the limits established at the inception ofthe district, or expanding or altering the PDD boundary shaU be reviewed and approved by the Town Board, subject to the procedures for establishing a PDD (Steps 1,2 & 3). D. Non-conformities It is the intent ofthe PDD that no non-conforming elements will exist within the PDD. Theflexibilityof the land use and geometric controls and review procedures should prevent the creation of any non- conforming element. In the event that a non-conformity does exist, any subsequent changes shall conform to the PDD controls and shall be subject to an issuance ofa project plan amendment by the Planning Board (see Intermediate Modifications). Town of Clay Zoning Code Page 87 §2303F 8 PDD DEFAULT DIMENSIONAL AND PERFORMANCE STANDARDS The following standards are intended to assist the Town by avoiding any enforcement oversight or ambiguity. A PDD is interuied to promote fiexibility arui creativity of design, therefore the following will apply in the ABSENCE of specifically established standards by the Town Board. Unless the Town Board establishes other controls or standards at the inception ofthe District, fhe following shall apply uniformly, bv default to the entire PDD or to designated portions. A. Land uses There are no default land uses in a PDD. B. Dimensional Controls The following controls shall apply, unless specificaUv modified by the Town Board during the initial estabhshment ofthe PDD: 1. Distance Between Buildings on one lot (a) Residential: front, rear and side yards for residential uses shall be designed so that a building is no closer than 20 feet to any other residential building and 50 feet to any nonresidential buUding. (b) Non-Residential: front, rear and side yards for non-residential uses shall be designed so that a building is no closer than 30 feet to any other non-residential building and 50 feet to any residential building. (c) For purposes of interpretation, a stmcture which contains both residential and non- residential uses shall comply with the requfrements of 1. (b), above. (d) Accessoiy Stmctures: Shall be no closer than 10 feet to the principal stmcture with which they are associated and no closer than 20 feet to any other principal stmcture, and 5 feet to any other accessory stmcture. 2. Distance from Lot Lines: The minimum distance between any point on a principal building and the lot line shall not be less 10 feet. 3. Density of development: Unless the Town Board has otherwise established a minimum density-then all residential development shall provide a average density of [5.0001 square feet per dwelling unit. Commercial and industrial uses shall maintain an average minimum density of 120.0001 square feet per building. 4. Lot Coverage: Maximum lot coverage for all development within a PDD shall not exceed 35% ofthe gross land area. Town of Clay Zoning Code Page 88 5. Height: The maximum height of all principal stmctures shall not exceed 35 feet for residential buildings and 40 feet for commercial or industrial buildings and accessory structures shall not exceed 15 feet. 6. Parking/Loading: The parking and loading provisions of this Zoning Code shall apply to PDDs unless modified by the Town Board. Shared parldng and storage may be included in the calculation of overall parking compliance. 7. Supplementary regulations and site plan standards Unless modified by the Town Board when establishing the PDD, the supplementary regulations and site plan standards of this zoning Code shall apply to all development within the PDD. C, Performance Standards Unless modified by the Town Board when establishing the PDD, the Performance Standards applicable to all Industrial Districts shall apply. Town of Clay Zoning Code Page 89 Blank page Town of Clay Zoning Code Page 90 §2303 G Overlay Districts RESERVED FOR COMMENTS AND COMMON REGULATIONS Town of Clay Zoning Code Page 91 §2303 G 1 - Highway Overlay Zone District Intent - The purpose of this overlay district is to foster and maintain a balance between major highways or roads within the Town and private development on lands abutting these roads. These major routes are identified, from time to time, based on variety of factors. Thesefactors include traffic volume, highwayfunctional classification, portion and extent of the Town served by that route. The balance between road and development sought is 1. to protect the properfunction of the highway by minimizing adverse effects of development on highway safety or efficiency. 2. To preserve the long term ability for a highway to improve and expand and 3. to protect abutting development from adverse effects of the highway. This overlay district attempts to achieve this balance by superimposing on the conventional underlying zone districts additional standards upon vehicular access points, and lot width, depth and setbacks. This district will not alter the allowable land uses permitted within any district affected. A. AppUcation The highway overlay zone district applies to lots adjacent to or abutting designated highways. This overlay district imposes dimensional controls in addition to the conventional underlying zone district requfrements. In the event thattiiereis a difference or conflict with other sections of this code then the more restrictive or largest minimum requirements shall apply. B. Designated H^hways 1. Designated Major Highway: A road identified within this local law, used primarily for the through movement of vehicles, and subject to overlay zone district restrictions. There are several types or levels of major highway: A, B, & C. Type A are those that are currentiy, or have the potential for becoming five (5) or more travel lanes in width. Type B are those that are currently, or have the potential for becoming four (4) travel lanes in width. Type C are considered major roads but are unlikely to become four travel lanes in width. 2. The following roads are hereby determined to be major roads witiiin the Town of Clay and hereafter refened to as designated major highways. The precise linear extent of the overlay zone for each road shall be generally from the center of one intersection to another, or from town boundary to an intersection, as described in the Local Law designating a highway or road to be Type A, B or C. Type A: Type B: Type C: NYS Rt. 31 Morgan Rd Bear Rd Rtll Buckley Rd Rt 57 (Oswego Rd.) Caughdenoy Rd 1-481 VerPlankRd. Soutii Bay Rd. Vine St. East & West Taft Roads Wetzel Rd. (Buckley Rd. to Rt. 57) Henry Clay Blvd. (Rt. 31 to south town line) Henry Clay Blvd. (Rt. 31 north to Oak Orchard Rd.) 3. Designated Mmor Highway - A road identified within this local law fulfilling similar transportation objectives as Designated Major Highways but lower traffic volumes and capacity. Reserved for designated minor highways Town of Clay Zoning Code Page 92 Schedule of Requirements 1. Lots w/access: Lots that are existing or proposed which, due to the lot configuration or a lack of aitemative roadfrontage,require dfrect vehicular driveway access to the Type A, B or C highway. 2. Lots w/o access: Lots that are existing or proposed which have or can have dfrect vehicular driveway access to a non-designated highway or local street, and have no planned or permitted vehicular access directiy onto a Type A, B or C highway. Lot Area and Frontage Lots w/access Lots w/o access Lot area, minimum Type A 2 X min. area conventional zone district TypeB 1.75 X min. area TypeC 1.5 X min. area Minor Hwy. 1.25 X min. area Lotfrontage,minimum Type A 2 X min. frontage conventional zone district TypeB 1.75 X min. frontage TypeC 1.5 X min. frontage Minor hvi^. 1.25 xmin. frontage If there is no requfred minimum lot width orfrontagein the underlying conventional districttiienlots affected by the overlay shall have a 200ft.minimumfrontageand a 200ft.minimum depth. D. Designated Highway Setback Designated Highway Setback: The requfred distance, measured perpendicularly from the existing highway pavement centerline into the lot and within which no stmcture or parking shall be placed unless provided for in this code. All Lots Principal Stmcture Type A 165 feet TypeB 140 feet TypeC 115 feet Minor Hwy. 100 feet Accessory stmcture (e.g. swimming pool, storage shed) Type A 115 feet TypeB 90 feet TypeC 65 feet Minor Hwy. 50 feet Parldng Area Type A 90 feet TypeB 70 feet TypeC 55 feet Minor Hwy. 50 feet Town of Clay Zoning Code Page 93 E. Highway Overlay District Corner Lot Requirements 1. Lots situated at the intersection of a Type A, B, or C highway and a minor highway or a non- designated highway shall have a minimum deptii, measured along the non-designated ROW, of 250 feet from the Type A, B, or C highwayright-of-wayedge. 2. Driveway access for a comer lot to either a designated highway or a non-designated highway shall be no closer than 100 feet to the intersection ofthe highwayright-of-waylines. 3. Within the triangular area formed by the intersection of tworight-of-waylines and a thfrd line joining them at points 50 feet awayfromthefr intersection, there shall be no planting or stmctures which obstmct motorists vision or diminish highway sight distance. F. Highway Overlay Subdivision Review The subdivision of any lot or portion of a lot that abuts a designated highway shall be subject to Subdivision Review and approvalregardlessofthe number or orientation ofthe proposed lots. G. Highway Overlay District Exceptions for Existing Lots 1. Residential Districts - new residential developments shall comply. For existing reverse frontage lots (rear yards) the arterial setback shall be reduced by 50 feet for additions, shamming pools and accessory stmctures. 2. Lots and stmctures legally existing that do not comply to theregulationsin this section may continue to be used and developed subject to the foUowing: a) An existing lot which has less than the minimum lot area,frontageand/or lot depth may be developed in accordance with the applicable zone districtregulationsprovided it complies with the required Designated Highway setbacks and any applicable driveway permit standards. b) Additions, renovations and similar improvements may be made upon existing principal or accessoiy structures in accordance with the applicable conventional zone districtregulationseven if that existing stmcture fails to comply with Designated Highway Setback requirements. However,tiioseimprovements shall not encroach closer to the Designated Highway than the existing stmcture. Town of Clay Zoning Code Page 94 §2303 G 2 AFH, Airport FUght Hazard Districts The following regulations shall apply in all Airport FHght Hazard Districts. A. OVERLAPPING OR COMBINED DISTRICTS. An Airport Flight Hazard District may overlap or be combined with otiier Zoning Districts of the Town of Clay. In the event that such Airport Flight Hazard District overlaps or is combined witii lands of other Zoning Districts oftiieTown of Clay, both the provisions ofsuch otiier zoning district and oftiieAirport Flight Hazard District shall apply to such land and afrspace, provided, however, that notwitiistanding the regulations contained in any part of this Chapter, no exception to the height limit shall be pennitted in any Zoning District which is combined with such Airport Flight Hazard District, except to the extent that the height limit specified in such Airport Flight Hazard District exceeds the height limit specified in tiie Zoning District. B. AIRSPACE INCLUDED IN AHtPORT FLIGHT HAZARD DISTRICT. All airspace located within the boundaries ofthe Tovm of Clay located over Hancock International Airport, Michael's Field and Afrlane Enterprise Field and that afrspace beyond and v^ithin three thousand (3,000) feet of the perimeter of said Airports computed at a gliding angle of one foot (1) in height to every thirty (30) feet of horizontal distancefromand beyond the nearest point of the perimeter of said Airports. All afrspace located within the boundaries of the Town of Clay located over Hancock International Airport, Michael's Field and Afrlane Enterprise Field and that afrspace extending for a distance of ten thousand (10,000) feet at a gHding angle of one (1) foot to every fifty (50) feet of horizontal distance computed from a pomt two hundred (200) feet beyond the end of each runway used for instrument flight operations, an one foot m height for each forty (40) feet in horizontal distance computedfromsaid point or points for all otherflightoperations. C. HEIGHT LIMITATION. No stmcture, building, tower, pole, wfre, tree or other thing or portion thereof shaU be erected, created, established or used within an Ahport Flight Hazard District m such a manner that any part or portion thereof would extend or protmde into the afrspace identified and set forth in Subdivision B of this Section. Town of Clay Zoning Code Page 95 §2303 G 3 Gas Transmission Overlay A HIGH PRESSURE NATURAL GAS TRANSMISSION LINES. 1. Notwithstanding any code, mle, regulation, Code or law to the contrary, no stmcture shall be permitted within twenty-five (25) feet of theright-of-wayline or property line of any high pressure natural gas transmission line in the Town of Clay. A high pressure natural gas transmission line is defined as one whose nonnal operating pressure is equal to or in excess of250 poimds per square inch. 2. Any proposed constmction, excavation or site work within fifty (50) feet of any suchright-of-wayor property line shall not be commenced until the applicant has submitted to the Town of Clay Planning Board a statement verified by a licensed land surveyor, showing the depth of the said transmission line from existing grade, and the Planning Board has approved such constmction, excavation or site work. 3. There shall be no trees, shmbbery or planting whose root systems could possibly reach the transmission line placed or planted anywhere within suchright-of-wayor property. 4. No water, sewer, drainage or electricity lines shall cross any such transmission line until the plans therefore have been approved by the Town of Clay Planning Board These regulations apply only to high pressure gas transmission lines constmcted in accordance with the applicable provisions of the A.S.A. Code for gas transmission lines constmcted within the boundary lines of cities and villages, fri any case where high pressure gas transmission lines are not constmcted in accordance with the provisions ofthe above mentioned A.S.A. Code, a Special Pennit shall be requfred from the Planning Board before any stmcture is constructed or located or any septic tank or drain field is installed within three hundred (300) feet from such high pressure gas transmission Ime. B. SET BACK FROM HAZARDOUS LIQUID TRANSMISSION PIPELINES. 1. No stmctures shall be constmcted or located or septic tank, drain field, or other underground facility be installed closer than two hundred (200) feet from any hazardous liquid transmission pipeline unless such pipeline is covered by not less than three (3) feet of compacted earth in which case such set back shaH be fifty (50) feet 2 Verification ofthe amount of cover over tiie pipeline shall be to the satisfaction ofthe Town of Clay Planning Board and the detennination shall be made by them as part of a subdivision or site plan approval process or in the event neither such process is involved by the issuance of a Special Pennit by the Plannmg Board. 3. In the event the reduced set back is permitted no re-grading shall take place within the set back space without the approval of the Planning Board and signs conveying this restriction shall be erected and maintained at locations approved by the Planning Board. Town of Clay Zoning Code Page 96 §230.4 SUPPLEMENTAL REGULATIONS §230.4 A General 1. Land Uses a. Accessory uses and stmctures 1) Unless otherwise specified all accessoiy uses and stmctures shall be subject to the same review process as the principal use to which they are incidental. 2) No accessory use or stmcture shall occupy a lot without a principal use or principal stmcture present on the same lot. 3) Unless otherwise specified all accessory uses and stmctures shall confonn to the lot and structure dimensional standards applicable to the principal use or stmcture. 4) Mechanical equipment, decorations, antennas, chimneys and similar appurtenances may not requfre site plan or special permit review if they are less than 10 sq.ft.in area, attached to the principal structure and are found by the Commissioner to be consistent with the conditions, if any, of board approval. 5) Accessory buildings (e.g. storage units, sheds, etc.) for one or two family dweUmgs or townhouses in Residential Districts that are 100 sq.ft.or less in area and less than twelve (12) feet in height do not need a Building Permit or Certificate of Occupancyfromthe Town of Clay. However,tiieseaccessory buildings shall comply with the following nunimum standards: a) minimum setback of three (3) feetfromany property line, principal buUding or other accessory buildings. b) not located within any easement or right-of-way c) located in the portion of a lot behind a line formed by thefrontwall of the principal building. d) located in compliance with any appHcable comer lot requfrements. b. Principal uses and stmctures 1) Unless otiierwise specified by this Code there shall be only one principal use per lot. 2) Unless otherwise specified by this Code there shaU be only one principal stmcture per lot. 3) Temporary residences - a manufactured home may utilized as a temporary residence in any residential district while the pennanent residence located on the same property is under constmction or not otherwise habitable due to remodeling. Such temporary residence shall be subject to a Special Permitfromthe Zoning Board of Appeals. The Special Permit duration shall be a duration not to exceed six (6) months and may not be renewed more than three consecutive six month periods. 4) Storage units, portable - are permitted on active constmction sites subject to a permitfromthe Office of Planning and Development or as an accessory stmcture within a contractor's storage yard. Units not in actively used may be stored, subject to Site Plan Review, within a contractor's storage yard. Portable storage is not permitted on sites when unrelated to constmction activity. Town of Clay Zoning Code Page 97 c. Animals - Pets The raising or harboring of animals within a community can pose a variety of risks to residents that rangefromsimple nuisances of noise and odor to serious health hazards ofpersonal injury and infections. The potentialfor occurrence of these risks can be minimized by restricting the number and types of animals that individuals maintain for their personal enjoyment, use or business. 1) Residential, Planned Development or Commercial Zone Districts: No property or dwelling shall contain more than three (3) adult dogs and three (3) adult cats (adult is a dog or cat over six (6) months in age). There is no restriction upon the number of other kinds of domestic animals maintained within a dwelling that are consistently maintained within appropriate containers such as aquariums or bfrdcages; these animals include, by illustration, tropicalfish,exotic bfrds, fenets, gerbils and hamsters. No exotic animals harbored outside of such containers or farm animals (see definitions) shall be harbored or maintained as pets. 2) RA-100 Zone District: There is no limit on the type or number of farm, exotic or domestic animals maintained as pets by a residents within thefr respective residential properties provided such property is 5 acres or greater in area. 3) All other districts: A Special Permitfromthe ZBA shall be requfred for pets mamtamed in non-conforming residential and/or farm land uses within any other district. 4) Land uses with animal related activities or stmctures: An approved Site Plan Review or Special Permit is requfred depending on the zone district for primary, secondary or accessory land uses that are related to animals such as: private stables or accessory kennels, veterinary care facility, animal training, animal boarding facility. Such uses are specifically listed; see each zone district to determine if such uses are pennitted and under whatreviewprocedure. d. Excavation-Filling or Site Preparation No land disturbance, unrelated to an approved constmction, within any lot that affects more than or results in the movement of more than 500 cubicft.shall be pennitted without prior Site Plan Review by the Planning Board. Such review and any subsequent approval may be included in the Site Plan or Special Permitreviewsfor the land uses or stmctures as requfred in the zone district regulations. (See Chapter 100 Town Code) 2. Stmctures a. Front YardfritmsionsPennitted A porch may intmde into the requfredfrontyard up to a maximum of 6 feet provided there is no roof or wall enclosures and anyraUingis not higher than 36 inches. b. Other yard - setback exemptions Reserved c. Height exemptions Reserved Town of Clay Zoning Code Page 98 C. Lots D. MisceUaneous Activity Town of Clay Zoning Code Page 99 §230.4 B Parking and Loading This section has been modified to address the new land uses established in the zoning code and to provide more current parking and loading standards. Primary changes include organizing the both parking and loading requirements in a single consistent format Land uses are treated comprehensively through a concept of parking groups. Requirements have been updated and provision for reserve and shared parking has been established. Parking Space Size - A parldng space shaU be nine and one-half (9 feet by eighteen (18) feet. It shall also have a minimuni of three himdred (300) square feet of adjacent maneuvering space to ensure that each space is designed and arranged to provide safe,freeand iminqjaired ingress and egress. Loading Space Size - A loading space shall be a minimum of twelve (12) feet wide and fifty-five (55) in length with a height clearance of fourteen (14) feet. It shaU also provide sufficient adjacent maneuvering space for trucks and similar vehicles to safely enter, unload and depart the loadiog space. Loading space design, placement and configuration wiU be subject to approval during Site Plan or Special Permit Reviews, as required by the respective zone district. The length of loading space may reduced by the reviewing board to tbirty-five (35) upon finding that it is appropriate for tiie site and structure and does result in any interference with other vehicular or pedestrian movements. Required Parking and Loading Table The following table establishes the minimum number ofparldng and loading spaces for each proposed or existing land use based upon 'parkins groups". Parking groups are collections of land uses that are considered by the Town to have similar parking and loading needs. The parking groups are designed to use the familiar land use terminology used in this code arui do not alter whether a land use is permitted or not within any district. The Commissioner ofPlanning and Development shall determine the appropriate parking group for any land use. Parking Groups - defined ResidenUal - land use primarily used as or contains a dwelling unit as defined in this code. (Examples - one, two, and multiplefamily dwelling, townhouse, mobile home, apartment). Managed living facility - land use providing temporary living, sleeping, or care accommodations. (Examples - hotel, motel, hospital, nursing home) Assembly - land use accommodating large groups for events such as performance, show, lecture, religous service, meeting, or ceremony. (Examples - iruioor or outdoor recreation-spectator, theater, religious institution) Office, client based - - land use intended to primarily serve clients or patients with professional, medical, health care, therapeutic, financial or similar matters. (Examples - medical office, diagnostic centers, accounting or legal services, tax preparation office engineering, insurance,) Office, NON-client based-land use focusing on a variety ofprofessioruil, administrative, management, clerical tasks and similar "back-office " operations; customers, clients, patients or similar non-employees are not routinely present. (Examples - ) RetaU Service site, customer based - land use intended to primarily serve clients, patients, customers with retail or personal services (Examples - banks, stores, repair shops, groceries, shopping center) Restaurant-Entertainment - land use serving, on retail basis, food and beverage for on or off-site consumption, may include related entertainment facilities (Examples - restaurants, bars, nightclubs) Production site - land use primarily devoted to the manufacture and/or processing of materials with accessory management office and storage space and incidental customer-client space, (farm, manufacturer) Storage site - land use primarily designed for the long or short term storage, handling and shipping of bulk materials or individual items. (Examples - Warehouse, wholesale, distributor, truck terminal) Vehicular service site - land use designed for the sales, service and/or storage of motor vehicles and where the vehicle operator typically remains with the vehicles or leaves the vehicle for service. (Examples - car repair, gas station, car wash, car dealer) Town of Clay Zoning Code Page 100 Open-space related - land use designed where the primary activities or services are conducted outside and buildings are generally accessory to the exterior activity. (Examples - outdoor recreation-participant, playgrounds, ball-fields, cemetery) Community support site - land use providing utility, safety and similar services to the community or individual property. (Examples - utility substation, telecommunication device, fire station, emergency vehicle station) Mixed-use site - land use where there are identifiable separate primary uses on the site and more than one of the above parking groups could apply. (Shopping center w/car dealer, office-apartment building) Calculation of Parking and Loading Requirements Type of parking spaces - The following table is the basis for determining ONLY the number of employee - customer parking spaces. Site Plan/Special Permit Review required - The following types of spaces are EXCLUDED from this table: vehicle service, storage, display, queuing or for vehicles owned, operated or otherwise directiy related to the land use (e.g. service or delivery vehicle, bus or van). Adequate space for these vehicles shall be separately provided on the site, identified in the graphic plan(s) submitted to the Town and evaluated during the Site Plan Review or Special Pennit Review as requfred by the respective zone district. Reserve spaces - Upon approval during either Site Plan or Special Pennit Reviews a percentage of the required parking or loading spaces may be set aside for future installation. These spaces shall be maintained as potentially useable spaces but until needed shall be landscaped, treated and maintained per the requfrements ofthe reviewing board. The reserve spaces shall be clearly shown on any graphic plans approved by the Town. Unless otherwise prohibited by the Tovm, the owner-occupant may prepare these reserve spaces for vehicular use per the approved plan, WITHOUT additional Site Plan or Special Permit review. The Tovm may require the owner-occupant to prepare the reserve spaces for vehicular use upon a finding by the reviewing board that the reserve spaces are needed. Shared/Off-Site Parking AU parking and loading spaces shall be maintained entirely within the same lot as the land use(s), unless specifically allowed by the reviewing board. The reviewing board may, during Site Plan or Special Permit Review aUow the reqtiired parking spaces to be maintained on any lot withinfivehundred (500) feet ofthe primary land use. if it determines that it is in^ractical to provide parking on the same lot with the buUding by the issuance of a Special Permit. Parking Ratios - The table sets forth a minimum number of spaces required per selected characteristics ofland use. Square footage is used for most ofthe land uses and is based on the gross or entfre floor area of a building or stmcture as measured along the exterior walls. Fractional results - A parking or loading space calculation resulting infiractionofa space shall be rounded to the closest whole number. Except that no loading space shall be required for land uses that yield a calculated loading space that is less than one (1) space. REQUIRED PARKING AND LOADING SPACES The foUowing parking and loading spaces shaU be provided and satisfactorily maintained by the owner-occupant of the property for each land use on the property. Town of Clay Zoning Code Page 101 Parking Min Required Min. Required Maximum % Group Name Park Spaces §Load Space Reserve Pk-Ld. 1. Residential 0% a) 1-3 units 2/umt 0 b) 4 or more units/lot 2/unit subject to site plan review 2. Managed living faciUty 1/10,000 sq.ft - 25% a) health related 2/bed 0 b) hotel, motel type use 2/room 0 3. Assembly - - - . 0 - - 25% a) fixed seating 1/3 seats b) open floor plan - flexible seating 10/1000 sq. ft. 4. Office, client based 25% a) less than 4,000 sq. ft 5/1000 sq. ft. 0 b) 4-15,000 sq. ft. 4/1000 sq. fi 0 c) greater tiian 15,000 sq. ft. 4/1000 sq. ft. 1/30,000 sq. ft 5. Office, NON-chent based 50% a) less tiian 4,000 sq. ft 4/1000 sq. ft. 0 b) 4-15,000 sq. ft. 3/1000 sq.ft 0 c) greater tiian 15,000 sq. ft. 2/1000 sq. ft. 1/50,000 sq. ft 6. Retail Service site 25% a) less than 15,000 sq. ft. 6/1000 sq. ft. 0 b) 15-30,000 sq. ft. 5/1000 sq.ft 0 c) greater than 30,000 sq. ft. 4/1000 sq.ft 1/50,000 sq- ft 7. Restaurant-Entertainment site- 25% a) fixed seating - package food 15/1000 sq. ft. 1/30,000 sq. ft. b) fixed seating - famUy dining 25/1000 sq. ft 1/30,000 sq. ft. c) open floor plan - flexible seating 35/1000 sq. ft. 1/30,000 sq. ft. 8. Production site (manufacturing) 4/1000 sq.ft. 1/30,000 sq. ft 75% 9. Storage site (warehousing) 0.5/1000 sq.ft. 1/50,000 sq. ft 75% 10. Vehicular service site (see separate requirements for vehicle queuing, storage and display) 25% a) entire site 5/acre b) incidental retail space (add parking) 6/1000 sq.ft 11. Open-space related 25% a) active area lO/acre b) passive area 2/acre 12. Community support site 75% a) ''un-staffed" site 1/lot b) staffed site subject to Site Plan Review by Planning Board 13. Mixed uses Cumulative total of required parking for each primary use based on above schedule 14. RESERVED a) b) Town of Clay Zoning Code Page 102 §230.4 C Signs SIGN SCHEDULE The following sign requfrements apply to all land uses and stmcture aUowed in each district. This shaU apply to all districts within a district group unless that specific district is separately listed. District Group #Sign Allowed Max. Size Sign Types Residential Home occupation 1 2 sq.ft bldg. mounted Neighborhood ID 1 24 sq. ft. monument ««• Non-dwelling uses RA-100 tiim R-40 1 32 sq. ft monument or bldg. mounted R-15 tiim R-MHC 1 16 sq. ft. monument or bldg. mounted Recreation 1/site 32 sq- ft. monument 1/site 16 sq. ft. bldg. mounted Office O-l 1/site 16 sq. ft. bldg. mounted 0-2 1/site 32 sq. ft. monument l^uilding 16 sq. ft. bldg. mounted Commercial NC-1 1/bldg. 32 sq. ft. bldg. mounted 1/site 32 sq. ft. monument or bldg mounted HC-1 3/bldg. 8% bldg face bldg. mounted 1/site 32 sq. ft. monument or post RC-l 3^1dg. 8% bldg face bldg. mounted 1/site entrance 64 sq. ft. requfres Planning Board review mm Industrial 1/bldg. 8% bldg face bldg- mounted (max. 100 sq. ft.) 1/site entrance 64 sq. ft. requires Planning Board review Bldg. mounted - includes wall, marquee, projecting signs. See following standards Monument - one or two supportfree-standingsign not more than 10ft. high. Post - free standmg sign more than 10ft. and not more tiian 25 ft. high, supported by one or more posts, pylons or columns. Directional, poUtical, construction, real estate and simUar signs that do not identify a specific site, land use or structure are regulated by the foUowing standards. Town of Clay Zoning Code Page 103 A. SIGN RESTRICTIONS The signs hereinafter set forth shall be subject to the provisions of this Chapter. 1. Business sign restrictions. a. Freestanding signs shall be limited in size to a maximum of thirty-two (32) square feet in area per face, shall be a minimum distance of twenty-five (25) feet from any road right of way and shall not exceed twenty-five (25) feet in height. b. Marquee signs shall be limited in size to a maximum of one square foot for each one foot of width of the wall to which the marquee is attached. c. Projecting signs shall be limited to two (2) parallel faces and shall project a maximum of eight (8) feet, d. Roof signs shall be limited in size to a maximum of one-half (1/2) square foot for each one foot of width of the building wall facing a sfreet. Such signs shall be permitted only in situations made unique by location or topography and shall be subject to Planning Board approval. e. Wall signs shall be limited in size to a maximum of eight per cent (8%) of the area of the vrall to which such sign is attached. Such signs shall be subject to Plaiming Board approval. f. Freestanding signs in shopping centers and industrial or commercial complexes shall not be allowed except as authorized in Paragraph "2" of this Subdivision. 2. Community, shopping center, industrial or commercial complex identification sign restrictions. No such sign shall be erected without prior Planning Board approval of its location, size, constmction and aesthetic characteristics. 3. Commercial Real Estate Sign Restrictions. a. Such signs shall not exceedfifteen(15) square feetfriarea. b. All signs shall be contained within the boundary lines of the subject property. c. Two (2) such signs shall be aUowed on each roadfrontageof the subject property providmg such property exceeds one hundred (100) feet in frontage. If thefrontagedoes not exceed one hundred (100) feet, only one such sign shall be allowed on the subject property. d. All commercial real estate signs shaU be removed from the subject property within two (2) weeks of the passing of titie to a new owner or withdrawal from the market for any purpose. "Sold By" signs shall not be permitted, beyond the above two (2) week limit. 4. Constmction Sign in Commercial and Industrial Zone Restrictions. a. All such signs shall be contained within the boundary lines of the subject property, shall not exceed sixty-four (64) square feet, shall be confined to one sign surfece per street frontage existing at the inception of the project, and shall not be maintained except within a period Town of Clay Zoning Code Page 104 commencing not more than fourteen (14) days prior to the start of constmction and terminating not more than fourteen (14) days following the completion of constmction or the opening of said project or improvement, whichever is sooner. b. Use ofsuch signs shall be restricted to commercial and industrial zones. 5. Infonnation Sign Restrictions. a. Such signs shall be situated only on the premises where such facilities are provided. b. No sign shall exceed three (3) square feet in area. c. "Garage Sale" signs shall be removed at the end of the sale or within ten (10) days of erection, whichever is sooner. 6. Official Sign Restrictions. None. 7. Open House and Residential Real Estate Sign Restrictions. a. Such signs shall not exceed four (4) square feet in area per face. b. All such signs shall be placed off the street, road or highwayright-of-wayand, furthermore, shall not be placed on any property without prior permission of the owner or tenant thereof c. A maximum of three (3) such signs shall be permitted for each premises being advertised. Such signs shall only remain erected during periods when sales personnel are present on the premises being promoted. d. No "open house" residential Real Estate signs shaU be permitted at intersections with roads classified as designated highways tiie Highway Overlay Zone, except tiiat a single sign bearing solely the words "Real Estate Open Today", is allowed during open house hours. Such signs shall consist of black lettermg on a chrome yeUow background witii no identification or insignia other than a directional arrow. 8. Political Subdivision and Civic Sign Restrictions. None. 9. Private Traffic Sign Restrictions. No sign shall exceed nine (9) square feet in area. 10. Public Safety Sign Restrictions. None. 11. Residential Real Estate Sign Restrictions. a. Such signs shall not exceed four (4) square feet in area. b. All such signs shall be contained within the boundary lines ofthe subject property. c. Only one such sign shall be pennitted on the subject property. d. All residential real estate signs shall be removed from the subject property within two (2) weeks of passing oftitieto a new ovmer or withdrawalfromthe market for any other purpose. Town of Clay Zoning Code Page 105 12. Site Development Sign Restrictions. a. All such signs shall be contained within the boundary lines of the subject property. b. Such signs shall not exceed sixty-four (64) square feet. c. Such signs shaU be confined to one sign surface per streetfrontageexisting attiieinception of the filed section of the project, and not be maintained except within a period commencing not more than fourteen (14) days prior to the start of constmction of the section and terminating not more than fourteen (14) days following substantial completion oftiiefiledsection. 13. Statuary Sign Restrictions. None. 14. Temporary Promotional or Announcement Sign Restrictions. a) Such signs shall be allowed for non-profit organization or governmental unit and only by a permit approved by the Commissioner of Planning 8c Development. All such applications shall include size, location, aesthetics and duration of use. Such signs shall be limited to the site of the event. All such signs shall be only for a special event or similar cfrcumstance and shall not be a pennanent supplement to other allowable signs in any particular zoning district. No such sign shall be authorized for longer than a one week period at any time. No more than four (4) such permits shall be issued in any one year to an applicant. b) Grand opening signs for new businesses - one temporary announcement sign maybe installed following new constmction activity, a Certificate of Occupancy and a sign pennitfromthe Office of fhe Commissioner of Planning and Development. Such sign may be two sided and shall not exceed 32 sq.ft./signface. The sign shall not be displayed more than three (3) weeks. 15. Time and/or Temperature Device Restrictions. All such signs shall requfre Planning Board approval. 16. Window Display Sign Restrictions. None. 17. Window Sign Restrictions. Such signs shall not exceed thirty percent (30%) of the window area and shall be used solely for temporary advertising or promotional purposes as distinguished from permanent type business signs. Signs painted upon or otherwise permanentiy affixed to interior window surfaces or otherwise located within twelve (12) inches therefrom, exclusive of window display signs, shall constitute business signs. 18. Political Sign Restrictions. a. Free standing signs erected within residential subdivisions shall be limited in size to a maximum six (6) square feet in area. b. Free standing signs shall not be erected or maintained prior to eight (8) weeks before the election to which said signs pertain. c. Allfreestanding signs shall beremovedwithin forty-eight (48) hours after the election to which said signs pertain. Town of Clay Zoning Code Page 106 d. Any person or organization erecting political signs shall first register with the Town Clerk for the purpose of assuming responsibility of compliance with this Section. 19. Gasoline Service Facilities Signs. Notwitiistanding any otiier provision of this Chapter, the foUowing standards and requfrements shall apply to all signs situated within a LuC-1, Limited Use for Gasoline Services District: a. General Prohibitions. There shall be no signs or appurtenances coimected with a gasoline service station facility which are moving, rotating or animated in any manner, or which are iUuminated byflashing,blinking,fluctuatingor other forms of animated light. In addition, tiie use of pennant banners, spinners and streamers is prohibited. b. Illumination. No illumination sign or lighting device shaU be placed or dfrected in a fashion tiiat will permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or upon adjacent premises so as to cause aflareor reflection that may constitute a traffic hazard or nuisance. c. Standards for Permitted Signs, 1. Individual gasoline service facUities shall be permitted one business sign affixed to the building and onefreestandingbusiness sign. (i) Such signs shall be located on the same premises. (ii) Such signs shall be securely attached to the building or to stmcturally sound supports. (iii) No sign shall be erected in such a maimer as to confuse or obstmct the view of any traffic sign, signal or device. (iv) The business sign affixed to tiie building shall not exceed thirty (30) square feet in area. (v) Thefreestandingbusiness sign pole shall be located in the buffer zone no closer than twelve (12) feetfromthe property Hne or street line and no part of the sign shall be any closer to the property line or street line than eight (8) feet, provided, however, that where appHcable, they shall confonn to the arterial setback provisions of Section 230.3 G 1 of this Chapter. Said sign shall have an area no greater than fifty (50) square feet on each face. The maximum height of the sign pole shall not exceed twenty-five (25) feet with a clearance from the bottom of the sign panel to the ground of at leastfifteen(15) feet. (vi) In addition to the business sign affixed to the building and the freestanding business sign, one accessory sign board where there is only one streetfrontageor two (2) accessory sign boards on a comer lot may be located in the buffer area in front of the station and/or sales outiet, or attached to or adjacent to the building. These signs may indicate services, products, trade or price information. The pennitted signs shall be permanent stmctures and may be double faced, not to exceed twenty-five (25) square feet on each face. The design location must be integrated into the total landscape plan and approved by the Planning Board, fri Town of Clay Zoning Code Page 107 any case, no accessory sign shall exceed eight (8) feet above the level of tiie ground upon which its support rests. 2. There shall be proper maintenance of all signs so that such signs, together with thefr supports, shall be kept in good repair. The display surfaces shall be kept neatly painted at all times. The Commissioner of Plaiming and Development may order the removal of any sign that is not maintained in accordance with the provisions of this Chapter. Painting, repainting, cleaning or repair maintenance shall not be considered an erection or alteration which requires a pennit unless a stmctural change is made. 3. Exterior promotional signs, in addition to those signs herein before permitted, shall be permitted upon the filing of an application with the Department of Planning and Development and the payment of a Five ($5.00) Dollar fee for each service station or sales outiet for a period of thfrty (30) days and an additional sum of Five ($5.00) Dollars for each additional period of thirty (30) days not to exceed a total of ninety (90) days. Said promotional signs shall be removed immediately after tennination of the permit. If not removed within ten (10) days upon receipt of written notice to the applicant, the appHcant shaU be subject to a fine of Twenty-five ($25.00) Dollars. B. GENERAL PROHmiTIONS AND REQUIREMENTS. The following regulations shall be applicable to all signs. 1. Exemptions. a. Signs, Official as defined in §230.2 are exemptfromthe provisions of this section. 2. Obstmctions. No sign shall obstruct by physical or visual means any fire escape, window, door or any opening providing ingress or egress or designed for fu-e or safety equipment, any passageway from one part of a stmcture or roof to another portion thereof or any opening required for ventilation or which is requfred to remain unobstructed by any applicable law. 3. Projections, a. No sign shall project into a vehicular driveway on private property at an elevation less than fourteen (14) feet above grade. b. No sign shall project into an area on private or public property designed as a pedestrian way at an elevation less than ten (10) feet above grade. 4. Placement. No sign shall be placed upon or attached to any public utility pole, lamp post, water orfirehydrant, sidewalk, bridge, tree or similar installation or improvement, whether situated upon public or private property. 5. Hazard to Public Safety, Signs which by thefr use or simulation of colors, design or placement, tend to confuse, detractfromor in any manner obstmct the utilization of traffic regulatory devices are prohibited. All determinations of this type shall be made by the Enforcement Officer who shall consider, but not be limited to the following aspects of such signs: Town of Clay Zoning Code Page 108 a. The use of words such as "stop", "go", "look", "caution", "danger", 'Svaming" and similar nomenclature; b. The use of colors and lights in the spectrum of colors utilized for traffic regulatory devices; and c. The use of blinking, intermittent,flashing,or other animated forms of illumination or light, and all sources of illumination which through dfrect or indfrect means create glare. 6. Illumination. a. No sign shall produce illumination in excess of one foot-candle at a distance of four (4) feet. b. No illumination shall cause dfrect Hght rays to cross any property line. c. All permanent outdoor lights, including those used for area lighting or building floodlighting shall originate from steady, stationary, shielded sources directed so as to avoid causing a hazard to motorists, pedestrians, or causing dfrect light rays to be cast upon neighboring properties. The marginal increase in light, as measured at any property line other than a street line, shall not exceed one foot-candle. 7. Comer visibility. On a comer lot, within the areas formed byright-of-waylines of intersecting streets and a Hne joining points on suchright-of-waylines at a distance of twenty-five (25) feetfromthefr intersection, no sign shall project into the elevation between a height of two (2) feet and a height of ten (10) feet above the grade of each street at the centerline thereof, except that this prohibition shall not apply to any official signs. 8. Advertising signs. Advertising signs shall be permitted only in those Zoning Districts in which the use is specifically allowed. 9. Sign maintenance. The Enforcement Officer shall order the removal of any sign which is not kept in good repafr and a proper state of preservation. In making such determination, the Enforcement Officer shall consider, but need not be limited to, the following elements: defective lighting, broken, loose or missing parts; fading, flaking or blistering paint; illegibility; or any condition which may constitute a safety hazard. C. ADMINISTRATION. 1. Permits. A permit shall be requfred prior to the performance of any sign work. Such permits shall be issued by fhe Commissioner of Plaiming and Development. 2. Exceptions. No sign permit shall be required for the foUowing: a. Sign copy changes. b. Sign maintenance. c. In^rovements on signs provided that this exception shall not apply to any of the following: (1) Freestanding signs exceeding twenty (20) feet in height; or (2) Sign work of a value in excess of One Thousand Dollars ($1,000.00). d. Residential real estate signs and open house signs. Town of Clay Zoning Code Page 109 The foregoing exceptions shall not be deemed to waive any regulations contained in this or any other law which is otherwise applicable. 3. Prerequisites to issuance of permits. As a prerequisite to the issuance of any pennit, in addition to any other restrictions applicable thereto, the followingfindingsshall be made: a. The proposed sign is not in conflict with the general prohibitions contained in Subdivision B of this Section, the provisions of which may not be waived, and complies with all other applicable provisions. b. The proposed sign will not have any adverse impact upon the character or integrity of any land use having unique cultural, historical, geographical, architectural or other significance. c. The proposed sign will not adversely affect the character of districts in close proximity, within which Districts such signs would be prohibited. d. The proposed sign will not hide, obstmct or in any way shield other signsfromview. e. The proposed sign is otherwise compatible within the context of its visual and physical envfronment. NONCONFORMING AND ABANDONED SIGNS. 1. Nonconfonning signs. All signs legally established prior to June 30, 1974* which do not confonn to the regulations contained herein shall be considered nonconforming signs. a. Miscellaneous. Signs established prior to June 30, 1974 pursuant to a conditional use, variance, exception, or other special permit, license or consent shall be considered a nonconforming sign if they do not conform to the provisions of this Section. b. Abatement. All nonconforming signs shall be termmated or brought into compliance by July 1,1977. 2. Abandoned signs. The Enforcement Officer shall order the removal of any sign which has become abandoned, hi making such determination, the Enforcement Officer shall consider, but need not to be limited to, the following elements: a. Period of non-use of the activity, product, service or other itemrelativeto the message content of the sign, provided that where a busmess activity has been discontinued for a period of ninety (90) days, the sign shall be presumed to have become abandoned unless the owners, beneficial user, or other party in interest files a written certification with the Enforcement Officer indicating that such business activity (including its appurtenances) is to be reactivated within thirty (30) days following such ninety (90) day period. b. The sign is situated upon or incidental to a site which has been scheduled for demolition and it appears that the activity, product, service or other item relative to the message content is no longer viable irrespective ofthe lapse of time. Town of Clay Zoning Code Page 110 c. The sign is a commercial real estate sign, constmction sign located in a commercial or industrial district, garage sale sign, open house residential real estate sign, or a temporary promotional or announcement sign. d. The sign is otherwise nonconforming or illegal and the ovmer or beneficial user cannot with reasonable diligence be located. 3. Removal of signs. Any abandoned, or illegal sign existing after June 30, 1974 shaU be removed by the owner of the premises upon which such sign is located after written notice as provided herein. Upon removal of any wall sign (including signs painted on walls) the surface area of the facade shall within thirty (30) days of removal be restored to a condition substantially equivalent to tiie remaining portion of the fa9ade in appearance. The Enforcement Officer, upon determining that any such sign exists, shall upon expiration of the continuance period or such other time limit which may be provided for, notify the owner or beneficial user of such sign, in writing, to remove the said sign witiiin thirty (30) daysfromthe date of such notice. Upon failure to comply with such notice within the prescribed time, the Enforcement Officer shall remove or cause removal of such sign, and shall assess all costs and expenses incurred in the said removal against the property on which such sign is located, RESIDENTL\L DISTRICTS. The following regulations shall apply in Residential Districts: 1. Pennitted signs. All uses expressly allowed as principal, accessory or special permit uses may be identified by wall orfreestandingsign. 2. Prohibited signs. Roof, animated, projecting and marquee signs are prohibited. 3. Location. No sign shall be located within any yard area except those which are permitted uses. 4. Height. No wall sign or portion thereof shall extend above the first story of the building wall to which it is attached; nofreestandingsign shall exceed a height of six (6) feet. 5. Number. No more than one sign shall be permitted for any use except as otherwise provided herein. Town of Clay Zoning Code Page 111 §230.4 D Non-Conformities This section describes procedures and standards for a how pre-existing are reconciled with the current Code, Any legally established principal or accessory use, structure, improvement or lot not in compliance with the provi- sions ofthis Code or subsequent amendments shall be regarded as a nonconforming element subject to the provisions of this section. It is the intent of this section to discourage the long-term continuation of any non- conforming elements. This section is also intended to allowfor the reasonable and limited continuation and modification of nonconforming elements since it is not always feasiblefor nonconforming elements to immediately cease existing. 1. Authority Any modification ofa nonconformity including any addition, enlargement, alteration, stmctural alteration or change in use shall be subject to the provisions of this section. 2. Definitions a. Non-conforming stmcture - is defined as a legally pre-existing principal or accessory stmcture that does not comply with appHcable yard, setback, height, lot coverage or similar dimensional requirements. b. Non-conforming use - is a legally pre-existing activity or land use occurring on or associated with a stmcture or site and is not pennitted by building or zoning permit, site plan review or a special pennit approval in the applicable zone district. A nonconfonning use may be found to occur in conforming structures. c. Non-conforming lot - is a parcel ofland legally established pursuant to the Town's subdivision regulations but does not meet fhe cmrent dimensional requfrements for lot width, depth or area, if any, of the applicable zone district regulations. d. Non-conforming element is any other aspect of a development such as parking, signs or similar standards that were legaUy pre-existing totiiecurrent Code requfrements. e. Non-complying - any use, stmcture, lot or other element improperly established or illegally existing prior to the enactment of this Code or subsequent amendments, 3. Non-conforming Structure requfrements a. General Maintenance and Repafr Except as otherwise provided for in this section, nonconforming structures may continue to exist, and to be maintained and repafred provided such maintenance or repafr does not expand or increase the applicable non-conformity. b. Stmctural Alterations, Renovations and Additions Modifications to a non-conforming stmcture may be made upon issuance of a building permit. In no event shall these modifications increase or expand the degree of the stmcture's nonconformity nor expand a nonconforming use without a properly issued Variancefromthe Zoning Board of Appeals. Town of Clay Zoning Code Page 112 c. Damaged Stmctures Should a nonconforming stmcture or a nonconfonning portion of a stmcture be destroyed by any means to an extent of more than 75% of its replacement cost attimeof destmction, it shall not be reconstmcted except to the exact or more conforming dimensions as it existed ontiiedate of destmction. This reconstmction shall be commenced and completed with due diligence. If, however, a place of residence ofa citizen of the Town of Clay is destroyed by accidental ffre, hurricane, tornado or other act of God, said homeowner may rebuild the residence to the original type and size of structure or may rebuild or replace with a superior type of constmction. 4- Non-conforming Use Requirements a. Except as otherwise provided in this section, nonconforming uses may continue to exist. b. A nonconforming use may not be enlarged to occupy additionalfloorarea within an existing stmcture or additional lot space, nor be converted to another use except in conformance with this Code. Any such proposed modification or enlargement of a nonconforming use shall be subject to approval of a Use Variancefromthe Zoning Board of Appeals. c. A nonconforming use may be changed to another nonconforming use only upon issuance of a Special Pemiit by the Zoning Board of Appeals. The Board shall evaluate the appropriateness of the proposed nonconforming use to the zone district and shall find that it will not have a greater impact on sunounding properties than the existing nonconfonning use. In its detennination the Zoning Board of Appeals may consider parking demand, pedestrian and traffic volume, intensity of use, hours of activity, noise levels and any other factors considered relevant. d. A nonconforming use, if changed to a conforming use, shaU not thereafter be changed back to a nonconforming use. e. The provisions of §230.4.D 3 c above regarding repafr and restoration of damaged stmctures shall apply to conforming stmctures containing a nonconfonning use. f Any previously established permitted use now subject to the Site Plan Review or Special Permit requirements of this Code shall be regarded as nonconforming if it does not comply with the current site plan review or special pemiit standards and criteria. g. The nonconforming use ofa stmcture or land which has ceased operation for six (6) months shall be deemed abandoned and may not bere-established.The six month period will commence upon written notification by the Commissioner to the property owner. During this six month period the owner may request atimeextensionfromthe Zoning Board of Appeals in order to continue the non-conforming status. The Zoning Board of Appeals tnay extend the six month period with a maximum, additional twenty-four (24) months upon finding that the nonconforming use occupies a stmcture uniquely designed to its Use or that the additional needed time is reasonable and appropriate for the cfrcumstances of the property. If the original or extended period has expfred without an approved continuation ofthe non- conforming status then the stmcture or land shall be used in conformity with this Code. Town of Clay Zoning Code Page 113 5. Non-conforming Lot Requirements a. Lots established without Town Subdivision Approval are considered legal if they were filed and recorded in the Office ofthe Onondaga County Clerk prior to January L 1985 and conformed to the zoning requfrements in effect at thetimeof filing. b. Limited Waiver - A nonconforming lot in any district may be improved with a permitted, site plan review or special permit use if all applicable setbacks, yards, dimensional, parking, and/or screening requirements are met. 6. Non-conforming elements - other requirements The Commissioner may determine that other permanent and/or physical aspects ofa property, such as accessory elements, are subject to the regulations and protections of this section. Unless specified below they shall be subject to requirements applicable to the most similar type of non-conformity. Town of Clay Zoning Code Page 114 §230.5 Administration ofthe Zoning Code §230,5 A Town Board This section describes the Town Board's role in zoning and planning. Generally, Town Board authority is setforth in N. Y.S. legislation and by its own local laws and resolutions. Amendments to the Town zoning Code and associated map are Town Board legislative acts enacted after a public hearing and are intended to implement land use and development policy objectives. 1. Estabhshment The Town Board is authorized by the State to be the goveming body ofthe Town of Clay. Town Board composition, terms, compensation and eligibility for membership, employment of staff and other relevant factors for the conduct of the Town Board shall be decided in confonnance with the requfrements of N.Y.S. Town Law. 2. Powers and Duties a. Zoning Establishment -Pursuant to N.Y.S. Town Law §261 the Town Board is autiiorized to regulate buildings, stmctures, parcels, and general development within its boundaries. b. Zoning Amendments - Pursuant to N.Y.S. Town Law §261,§262, §263, §264, §265 and §266 and the provisions of this section, the Town Board shall approve the adoption of all modifications to this Zoning Code and any changes to the Zoning Map. c. Creation of Authority - Pursuant to N.Y.S. Town Law §267,§271 and other applicable sections, the Town Board is authorized to create boards and committees, to delegate various responsibilities to these boards and committees, and to authorize funding for expenses. d. Special Pennits - Pursuant to §274-b the Town Board is authorized to review, approve, approve with modifications or disapprove applications for Special Pennits designated in this Code. e- Official Map - The Town Board may establish an official map of the Town of Clay pursuant to N.Y.S. Town Law §270 and §273. f Comprehensive Planning -The Town Board may engage in and/or fund the preparation of any plans, documents or studies to be used asreferencetools to guide the future growth of the Town of Clay, exclusive of the Village of North Syracuse. 3. Zoning Amendments a. Definitions - For purposes of this Code there are two types of zoning amendments. 1) Text Amendment - is a modification to the written language ofthe zoning Code and may include regulations that affect the entire town or creation of (Hstricts affecting limited portions of fhe town. 2) Zone Change - applies the language ofthe zoning Code to specific areas ofthe town; it may modify the zone district boundaries or add or remove zone districtsfromthe zoning map. b. Standards of review 1) Compliance to Town Planning - All zoning amendments shall be considered with respect to the Town's planning actions, programs, studies, and/or any planning documents that are consistent with the provisions of NYS Town Law §272-a. All zoning amendments shall seek to further the policies of these programs and plans. Town of Clay Zoning Code Page 115 2) Community well-being - All zoning amendments shall, in the judgment ofthe Town Board, enhance the health, safety and welfare of the entire Town and promote land development that furthers the community interests of the Town. 3) Districts -Districts with separate and distinct regulations for land uses and stmctures may be established and applied when they further town-wide objectives, respond to general conditions within an area and wiU uniformly treat land uses and stmctures within the district. c. Procedures 1) Schedule of Review -The procedures for considering and adopting zoning amendments shall be pursuant to the applicable provisions of NYS Town Law §264, §265 and this Code. 2) Submission Requfrements - A proposal for a zoning amendment shall be submitted on forms required by the Town. Forms are availablefromthe Department of Planning and Development. 3) Applicant - All zoning amendments constitute the adoption of an Code and therefore the Town Board is the official applicant in aU cases. The Planning Board, a property owner or any resident of the Town may request the Town Board to initiate a zoning amendment. 4) Planning Board Referral - All zoning amendments shall be referred by the Commissioner on behalf of the Town Board to the Town Planning Board for advisory review and comment. The Town Board shall not act until a Planning Board recommendation has been received or until the allotted reviewtimehas expired, (see also Planning Board section) 5) Compliance to other provisions of NYS Law - The Town Board shall comply with all applicable state laws including provisions of the NYS Envfronmental Review Act (SEQR) and of the NYS General Municipal Law §239 requiring referral to the Onondaga County Planning Board. 4. Special Use Pennits See §230.5.D Special Permits Town of Clay Zoning Code Page 116 §230.5 B Zoning Board of Appeals (ZBA) This section establishes and describes the responsibilities of the Town of Clay Zoning Board ofAppeals (ZBA). It includes the grant of authority by the Town Board, a delegation ofpower to independently approve the following kinds of land development actions: special permit, variance, interpretation; and to develop procedural requirements and standards of approval to guide the ZBA in its authorized actions. 1. Establishment The Zoning Board of Appeals (ZBA) was created pursuant to New York State Town Law §267, consisting of five (5) members. ZBA composition, terms, compensation and eligibility for membership; employment of staff and other relevant factors for the conduct of the Zoning Board of Appeals shall be decided in confonnance with the requirements of N.Y.S. Town Law. 2. Powers and Duties a. Special Permits - Pursuant to N.Y.S. Town Law §274-b the ZBA is authorized to review, approve, approve with modifications or disapprove applications for Special Permits assigned to the ZBA in this Code in accordance with the standards or criteria adopted in that section [see §230.5 D] b. Variances - Pursuant to N.Y.S. Town Law §267-b the ZBA is authorized to review, approve, approve with modifications or disapprove applications for Variances in accordance to the standards or criteria adopted in this section. 1) . Area Variances - are defined by state law and pennit the use ofland in a manner which is not allowed by the dimensional or physical requirements of the zoning regulations. 2) Use Variances - are defined by state law and permit the use ofland for a purpose which is not allowed or is prohibited by the zoning regulations. c. Interpretations - Pursuant to N.Y.S. Town Law §267-b the ZBA is the Town agency authorized to review, interpret and make final determinations regarding the actions of Town administrative or enforcement officials in their application of the Zoning Code. d. Guidelines. Procedures, Rules and Regulations - The ZBA shall conduct its meetings and actions in accordance with the provisions of N.Y.S. Town Law §267-a. It may prepare inaterials for its use and for public use that will facilitate the manner of application reviews. Such materials may include application forms, guidelines for approval, procedures and other mles and regulations goveming the conduct of ZBA reviews. 3. Special Pemiits See §230.5 .D Special Permit Standards 4. Variances a. Purpose Both Area or Use Variances are intended as remedies when the Zoning Code is found by the ZBA to unduly affect specific conditions of property. Either Variance seeks to ensure that the requested uses or Town of Clay Zoning Code Page 117 stmctures in conflict with this Code are allowed when necessary for the property; and in a manner appropriate and compatible to the site, neighborhood and zone district. b. Authority 1) Applicable uses or stmctures -The uses or stmctures associated with a requested Area or Use Variance shaU be subject to the satisfaction ofthe requfrements of NYS Town law §267-b and the reasonable standards established by the ZBA. Area Variances are requfred when a proposed use or stmcture that is otherwise pennitted in the zone district or at the specific location cannot comply with the dimensional requfrements of the Zoning Code. Use Variances are required when the proposed land use activity is not pennitted in the zone district or at the specific location. 2) Procedure and Application requfred - All Variance requests shall be subject to public hearing and the procedures established or authorized by NYS Law §267-b and this Code. All Variances requested shall be subniitted on forms requfred by the Towm. AppHcation forms and Guidelines are availablefromthe Department of Planning and Development. A graphic plan for the proposed development ofa site for a use or stmcture shall accompany an application for a Variance. This plan shall show the features ofthe site, the proposal and any pertinent information in a level of detail established by the ZBA. 3) Appropriateness of Variance proposal - No Variance shall be granted unless the ZBA finds that the standards established by NYS Town Law §267-b have been met by fhe applicant. The reasons for approval, approval with conditions or disapproval shall be documented and appropriately filed in Town offices. 4) Imposition of conditions - The 2!IBA may when approving a Variance request impose conditions which shall be documented and appropriately filed in Town offices. 5) Standards of approval - No application for an Area or Use Variance shall be granted unless the minimum standards established by N.Y.S Town Law §267-b and as set forth in the Town's Guidelines for a Variance have been met. 5. Interpretations a. Purpose Interpretations offer an opportunity to evaluate and change or modify the decision of an enforcement officer or another administrative Town official or Board in thefr application of the Zoning Code. b. Authority 1) Applicability - Pursuant to NYS Town Law §267-b 1 the ZBA uponrequestshall interpret any administrative decision derivedfromthe enforcement or application of any part of the Zoning Code or Zoning Map. Any aggrieved party may request the ZBA to examine the decision or inteipretation of a Town Official that is enforcing this Zoning Code. The ZBA inteipretation shall be the final decisions. Town of Clay Zoning Code Page 118 2) Procedure and Application requfred - All interpretation requests shall be subject to public hearing and the procedures established by this Code. All interpretation requests shall be submitted on forms requfred by the Town. If applicable, a plan for the proposed development of a site for a use or structure shall be submitted with a interpretation request. Such plan shall show the features of the site and proposal and any pertinent information in a level of detail set bytiieZBA. 3) Decision - Any decision by the ZBA for an interpretation shall follow the same procedures and requfrements for a Variance. In considering an interpretation the ZBA may consider the language ofthe Code, the graphic representation ofthe Zoning Map, existing conditions of areas affected by the interpretation request, the intent ofthe Town in estabhshing the subject zoning requfrements, and/or any other relevant materials that can aide in its evaluation. Town of Clay Zoning Code Page 119 §230.5 C Planning Board This section establishes and describes the responsibilities of the Town of Clay Planning Board. It includes the grant of authority by the Town Board, a delegation ofpower to conduct and approve certain kinds oflarui development actions, procedural requirements and standards of approval to guide the Board in its authorized actions. 1. Establishment The Planning Board was created pursuant to New York State Town Law §271, consisting of seven members. Board composition, terms, compensation and eligibility for membership; employment of staff and other relevant factors for the conduct ofthe Planning Board shall be decided in confonnance with the requfrements of N.Y.S. Town Law. 2. Powers and Duties a. Comprehensive Planning - Pursuant to N.Y.S. Town Law §272a the Planning Board shall be responsible for periodically investigating and reporting on the future growth and land development issues within the entfre area of the Town of Clay exclusive of the incorporated limits of the Village of North Syracuse. b. Subdivision of land - Pursuant to N.Y.S. Town Law §276 thm §279 the Planning Board is authorized (see also - Town of Clay Subdivision Regulations) to review, approve, approve with modifications or disapprove the following: 1) All subdivision plats with or witiiout streets showing lots, blocks or sites; and 2) Any changes m the Hnes of existing streets, highways or public areas shown on subdivision plats filed in the Office of the Onondaga County Clerk or on plans and/or maps adopted by the Town of Clay; and 3) Any changes in the layout, closing or abandonment of such streets, highways, or public areas pursuant the applicable to the provisions of the N.Y.S. Town and Highways Laws; and 4) Upon authorization by the Town Board for each specific application, voluntary or mandatory cluster development pursuant to and as defined by §278 of Town Law that modifies zoning regulations simultaneously with Subdivision Review. 5) The Planning Board is further authorized to adopt or amend, after it conducts a public hearing and the approval by the Town Board, subdivision mles and regulations. c. Special Use Pemiits - Pursuant to N.Y.S. Town Law §274-b the Planning Board is authorized to review, approve, approve with modifications or disapprove applications fortiioseSpecial Pennits assigned to the Planning Board in this Code in accordance to the standards or criteria adopted in that section [see §230.5.4.] d. Site Plan Reviews - Pursuant to N.Y.S. Town Law §274a the Planning Board is authorized to review, approve, approve with modifications or disapprove applications for Site Plan Review designated in this Code to the standards or criteria adopted in titis section. e. Advisory Referrals and other powers - The Planning Board shall also exercise all other powers conferred upon it by the provisions of this Code and N.Y.S Town Law. It shall mle upon all matters which may be referred to it from time to time by resolution ofthe Town Board. It shall conduct hearings and perform its duties m accordance with the procedures provided in the appHcable sections ofthe Town Law and of this Zoning Code. Town of Clay Zoning Code Page 120 3. Special Use Pennits See §230.5.D Special Permits 4. Site Plan Review a. Purpose - Site plan review seeks to promote the optimum site design within the limits ofthe dimensional requfrements established in the zone district regulations. The following standards and procedures regulate fhe placement and design of buUdings and improvements on a single property in order to achieve physical anangements that are most appropriate to site conditions, public services, envfronmental resources and neighborhood character. b. Authority 1) Compliance with Review a) No land use, buUding, stmcture or improvement requiring Site Plan Review by this Zoning Code shaU be constmcted, occupied, modified, altered or changed except in compliance to the procedures and standards of this section. b) Any previously estabhshed use or stmcture legally existing prior to the enactment of this Code, but which is now subject to Site Plan Review, shall be subject to tiie provisions of this section. 2) Relationship to Variances - In the event tiiat an area variance from zoning dimensional requirements is necessary, the Board of Zoning Appeals may simultaneously review and decide such a request during the Planning Board's review ofthe Site Plan. 3) Site Plan Review Exemptions - See §230.5.E Muior Modifications to Approved Plans (Office of the Commissioner of Planning and Development) 4) Procedure and Application Requfred - All requests for Site Plan Review shall be subject to public hearing and the procedures established or authorized by this Code and shall be subniitted on forms requfred by the Town. AppHcation forms and Guidelines are available from the Department of Planning and Development. A graphic plan for the proposed development of a site shall accompany an application for a Site Plan Review. This plan shall show the features of the site, fhe proposal and any pertinent infoimation in a level of detail established by fhe Planning Board. 5) Appropriateness of Site Plan Review Proposal - No Site Plan Review shall be granted unless the Planning Board finds that the standards established by this Code have been met by the applicant. The reasons for approval, approval with conditions or disapproval shall be documented and appropriately filed in Town offices. 6) Imposition of Conditions - The Planning Board may impose conditions when approving a Site Plan which shall be documented and appropriately filed in Town offices. Town of Clay Zoning Code Page 121 c. General Site Plan Standards of Review (Part I ) This section has two (2) parts: part 1 contains general standards applicable to all site plan uses; part 2 contains standards applicable to certain specified uses in addition to the general standards of Part 1. All applications for Site Plan Review shall meet the following minimum standards of perfonnance and that are elaborated upon in the Guidelines for a Site Plan Review available from the Department of Planning and Development. 1) Zoning Compliance All development depicted in the proposed site plan shall comply with the applicable intent and regulations ofthe Town Zoning Code including the specific zone district in which it is located and to any other applicable Town, County, State or Federal regulations 2) Relationship to Site Conditions Any proposed development shall be appropriate to the existing, or proposed site conditions such as slope, soU or drainage pattems. Any changes in grade, groimd cover or vegetation, shall not cause erosion or adverse effects on drainage pattems and shall be appropriately designed for the site. 3) Relationship to Surrounding Properties a) The proposed site plan shall ensure that the size, placement, design and constmction inaterials of any buildings or improvements are compatible to the character and use of surrounding properties and neighborhood. b) The proposed site plan shall ensure that drainage, lighting, signage and any other exterior effects ofthe proposal do not adversely affect surrounding properties. 4) Vehicular and Pedestrian Cfrculation There shall be safe, efficient vehicular and pedestrian movement within the site, to neighboring properties and in relationship to streets serving the site. 5) Services and Utilities The proposed site plan shall contain provision for water supply, wastewater disposal, dramage, fire protection and solid waste disposal that are adequate for the proposed use, established in confonnance with applicable pemiit standards and procedures, and are consistent to the Tovm's long-term objectives for public facilities and services. 6) Envfronmental Resources The site shall be located, designed and operated in a manner that avoids or minimizes disturbance of significant natural or cultural resources; is consistent with the site's soil capabiHties to accommodate the development; provides overland drainage systems and controls storm water run-off in a manner conforming to area-wide drainage plans and Tovra planning objectives; and complies with applicable County, State or Federal regulations for significant envfronmental resources. Town of Clay Zoning Code Page 122 7) Aesthetics a) The site shall be designed to include building materials, screening, landscaping treatments of stmctures, parking, drainage and storage areas that are consistent with existing development and aesthetic standards, or any guidelines promulgated by the Town, which minimize adverse visual affects on surrounding properties or public rights- of-way. b) Lighting and signage shall be appropriate in size, color and placement for the site and for the character ofthe surrounding area and have no adverse impact on surrounding properties. 8) Emissions The detection of any noise, smoke, heat or odor shaU be within limits established by this Code or other applicable laws or regulations. Such emissions shall be minimized and directed away from surrounding properties. Mechanical devices or attachments associated with these emissions are to be installed and maintained in accordance with applicable health and safety codes and adequately screenedfromview. d. Specific Site Plan Review Standards (Part 2) 1) reserved for future use 2) reserved for future use 5. Town Board Referrals The Town Board shall refer to the Planning Board for its advisory opinion all requests for zoning amendments. The Tovm Board may submit other matters for Planning Board comment (see also Town Board). The Planning Board shall respond to the Town Board in the foUowing manner. 1) The Planning Board shall submit a written recommendation to the Town Board within thirty- two (32) days of receipt of referral, unless an extension is mutually agreed upon. 2) Informational Meetings and Hearings a) The Planning Board may conduct an informational meeting on any proposed text amendments prior to making its advisory recommendation. b) The Plannfrig Board shall conduct an informational hearing on any proposed zone changes prior to making its advisory recommendation. 6. Cluster Development The intent of this approach is to promote subdivision development which offers variety in lot size, site configuration, and affordable options in response to topography and natural features. This aitemative shall result in design and development which promotes the most appropriate use of the land, facilitates the adequate and economical provision of streets and utilities and preserves the natural and scenic qualities of open land. Town of Clay Zoning Code Page 123 a. Definition, cluster development ~ A development of lots, each containing less area than the minimum area requfred fortiiezone witiiin which such development occurs, but maintaining the density limitation imposed by said minimum lot area, throughtiieprovision of open space, preservation of natural features, or more efficient use of land, as a part ofthe subdivision plan. b. Authority. The Town Board may authorizetiiePlanning Board on a case by case basis, pursuant to Town Law § 278, to vary the zoning requirements as to lot size, lot width and setback requirements in coimection with a proposed subdivision plat, subject to the standards and procedures contained herein. Such variations sMl result in cluster developments. The Town Board may authorize the Planning Board to mandate the ovmer of a property to submit an appHcation for cluster development on such property. c. Procedure. Cluster Development procedure shall follow the language set forth in Chapter 200, Subdivision of Land, of the Code of the Town of Clay. d. Applicability. This authorization shall be applicable to the following residential, office, and commercial zone districts: RA-100 Residential/Agricultural R-40 One Family Residential R-15 One Family Residential R-10 One Family Residential 0-1 Neighborhood Office 0-2 Office NC-1 Neighborhood Commercial e. Minimum cluster site area. To be eHgible for clustering a site shall have a minimum of 20 acres in the specified residential zones, and 5 acres in the specified office and commercial zones. f. Minimum lot size. Residential building lots shall not bereducedon the proposed clustered site to be less than the zone district having the next lesser lot size requfred by the Zoning Code (for example R-40 to R-15). g. Limit on setback reductions. This authorization shall not allow the reduction of setbacks to zero feet that may result in attached single family stmctures or multiple family dweUings. h. Clustered density calculation. The density calculation shall be based on the total approvable number of lots conforming to the conventionalrequirementsand after deducting those areas that would not normally be included with such approvable lots. Deducted areas include but are not limited to: 1) Residential: roads, designated wetlands, ponds, streams, and stormwater detention areas. 2) Commercial: roads, designated wetlands, ponds, streams, and stormwater detention areas. i. Minimum open space. There shall be a minimum of 20% of preserved open space and/or natural featuresresultingfromeach clustered site, after the deductions indicated in this section. 1) The developer will propose the specific areas to be retained as open space, subject to the approval ofthe Planning Board. The preserved open space shall be used for purposes such as; preserving important features, providing passive recreational opportunities, or preserving views. 2) The preserved open space resultingfromthe proposed clustering is separatefromand in addition to any lands required pursuant to fhe Park and Recreation requfrements of this Code. Town of Clay Zoning Code Page 124 j . Restriction and Recording of preserved open lands. Open space created by the use of cluster development shall be clearly labeled on the final plat as to its shape, use, ownership, management, method of preservation and therightsto such land, if any, of the property owners ofthe subdivision and the general public. The final plat should clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots. It shall also clearly indicate any otiier legal instruments such as conservation easements or deed restrictions employed to implement the preservation of open space. k. Modification of Town Cluster Criteria. The Town Board, upon request or upon its own initiative, may modify the cluster criteria by findingtiiatthe proposed cluster development is reasonable for the site and meets the intent of this section. Town of Clay Zoning Code Page 125 §230.5.D Special Permits This section establishes and describes the procedures and standards for Special Permit Reviews by all Boards within the Town of Clay, It includes the grant of authority by the Town Boardfor each Board to conduct reviews and approve or disapprove requests for Special Permit 1. Purpose The Special Permit approval process seeks to ensure that certain pennitted uses are established in a maimer that is appropriate and compatible to a site, neighborhood and zone district. 2. Authority Individual Special Permits are assigned by this Code to the review authority of any one of the following boards: Town Board, ZBA or Planning Board - refer to each zone district or the Supplemental Regulations to determine the exact board for a specific land use activity or stmcture. The ZBA and Planning Board shall apply the provisions of this section to their respective reviews of Special Permit proposals. The Town Board may consider other factors or concems it deems relevant to its review of a Special Permit proposal 3. Designation of land uses and/or stmctures A Special Pemiit is requfred for those uses or stmctures so designaied vdthin a zone district or other sections of this Code. These uses or stmctures are hereby declared to possess characteristics of such unique and/or special form that each shall be considered as an individual case. Some uses or stmctures, specified in the specific Standards of Approval shall be subject to the satisfaction of additional requfrements and standards set forth in this section and to any other applicable requfrements of this Chapter. 4. Relationship to Variances When necessary the simultaneous review ofa Special Peimit with an Area Variance for the same proposed development may occur and shall be coordinated among the appropriate reviewing boards. The ZBA may simultaneously review and decide on an Area Variancefromzoning dimensional requfrements if such Area Variance request is necessary. 5. Procedure and AppHcation requfred All Special Permit requests shall be subject to public hearing and the procedures estabhshed or authorized by this Code. AU proposed Special Permits shall be submitted on foims requfred by the Town. AppHcation forms and Guidelines are availablefromthe Department of Planning and Development. A graphic plan for the proposed development of a site for a use or stmcture shall accompany an application for a Special Pennit. This plan shall showtiiefeatures ofthe site, the proposal and any pertinent infonnation in a level of detail set by the reviewing board. 6. Appropriateness of Special Permit proposal No Special Pemiit shall be granted by the revievmig board unless it finds that the use or stmcture for which the Special Pennit is sought will not, under conditions that the reviewing board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare. Town of Clay Zoning Code Page 126 7. Imposition of conditions The reviewing board may impose conditions when approving a Special Permit which shall be documented and appropriatelyfiledin Tovm offices. 8. Limits on Special Permit approval A Special Permit shall be deemed to authorize only one use or stmcture unless specifically authorized by the reviewing board. Special Permit authorization shall expfre or be voided if the proposal fails to be initiated by issuance ofa building permit within twelve (12) months of approval; or after a maximum of two (2), twelve-month extensions have been granted by the Commissioner. 9. Standards of approval This section has two (2) parts: part 1 contains general standards appHcable to all Special Pennit uses; part 2 contains standards applicable to certain specified uses in addition to the general standards of Part All applications for Special Permit stiaU meet the foflowing minimum standards of performance that are elaborated upon in the Guidelines for a Special Permit availablefromthe Department of Planning and Development. a. Special Permit Standards of Review, General (Part 1) 1) General Codes Compliance The proposed use or stmcture shaU comply with the applicable intent andregulationsof the Town Zoning Code includingtiiespecific zone district in which it is located and to any other applicable Tovm, County, State or Federal regulations. 2) Confonnance to Tovm Planning a) The proposed use or stmcture shall be so located and designed that it is compatible m size and character to existing pattems of development and land uses and/or is consistent with the long- term development objectives for the affected portions of the Town. b) The proposed use or structure shaU be appropriately located withrespectto the existing pattem of streets and other facilities including but not limited to: water, sanitary lines and drainage systems; and will not adversely affect the functioning of these facilities nor impede any planned improvements. 3) Scale of Development The scale and design ofthe proposed use or stmcture shall be physically and visually compatible with the conditions of the site and surroundmg properties and wiU be developed in a manner that ensures the provision of necessary public faciUties, improvements and landscaping. 4) Vehicular and Pedestrian Cfrculation There shall be safe and efficient vehicular and pedestrian movement within the site, to neighboring properties and in relationship to any streets serving the site. Town of Clay Zoning Code Page 127 5) Public Safety, Services and Utilities The proposed use or stmcture shall be served with adequate water supply, wastewater disposal and drainage facUities in compHance with applicable local, State or Federal requfrements and shall include satisfactory provision for solid waste disposal, ffre, police and emergency service protection, utiHties and other services necessary to support the proposed use or stmcture. 6) Environmental Resources The proposed use or structure shall be located, designed and operated in a manner that avoids or minimizes disturbance of significant natural or cultural resources; is consistent with the site's soil capabilities to accommodate the use or stmcture; provides overland drainage systems and controls storm water mn-off in a maimer conforming to area-wide drainage plans and Town planning objectives; and complies with applicable County, State or Federal regulations for significant envfronmental resources. 7) Aesthetics a) The site shall be designed to include building materials, screening, landscaping treatments of stmctures, parking, drainage and storage areas that are consistent with existing development and aesthetic standards, or any guidelines promulgated by the Town, which minimize adverse visual affects on surrounding properties or public rights-of-way. b) Lighting and signage shall be appropriate in size, color and placement for the site and the character ofthe surrounding area and has no adverse impact on surrounding properties. 8) Emissions The detection of any noise, smoke, heat or odor shall be within limits estabhshed by this Code or other applicable laws or regulations. Such emissions shaU be minimized and directed awayfromsurrounding properties. Mechanical devices or attachments associated with these emissions are to be installed and maintained in accordance with applicable health and safety codes and adequately screenedfromview. b. Special Pennit Standards of Review, Specific (Part 2) 1) Home Occupation Intent: The following provisions specify and explain the conditions under which a home occupation may be estabUshed and operated. These criteria are intended tofiilfill the definition and are intended to allow residents to conduct certain incidental business activities within their homes while not altering the primary use or appearance ofthe property as a residential dwelling. a) Limit on number: There shall be only one home occupation allowed per dwelling unit. b) Applicant: The ovmer of the property or authorized representative shall be the appHcant in all cases. c) Discontinuance: A home occupation discontinued for any reason for a period of six (6) consecutive months may not be re-established without re-appHcation to the Zoning Board of Appeals in compliance withtiieseregulations. Town of Clay Zoning Code Page 128 d) Transfer: A home occupation pennit is specifically issued to the residents of the dwelling, and shall TERMINATE upon the departure of thoseresidentsand may not be transfened to a new resident without the express approval oftiieZoning Board of Appeals. e) Pre-existing: No home occupation existing on the date of enactment oftiiisCode may be modified or altered in any way except in compliance with this section. f) Employees: There shall be no non-resident employees of a home occupation witii the foUowing exception: non-resident employees are permitted for any profession that is mandated by State or Federal professional licenses to requfre on-premise attendants, assistants or similar employee aides. g) Exterior display: To ensure that no exterior display or indication of the activity shall be visible to the general public,tiiefollowing are prohibited including, but not limited to: (1) outdoor sales or display of items for sale; (2) signs, except one (1) identification sign measuring 2 (two) sq.ft.and subject to the Sign standards of §230.4 C; (3) on-site parking of more than one commercial vehicle associated with the home occupation unless housed in an enclosed residential garage; (4) any variation in the residential character ofthe property such as constmction ofa separate entrance, other exterior stmctural alteration (such window and lighting modifications), or the addition of parking area beyond what is explicitly authorized by the ZBA; (5) outdoor storage of any materials, goods, vehicles, machinery or similar materials associated with the home occupation. (6) production by the home occupation activity of odor, noise, Hghting, or vibration h) Location: A home occupation or parts of a home occupation activity may be located in the principal stmcture, accessory stmctures or combination of stmctures. No exterior area is to be used in conjunction with the activity except for authorized parking spaces. i) Maximum extent: The maximum allowable grossfloorarea of a home occupation shall be calculated based upon the totalfirstfloorarea of the principal structure. Regardless of location, the home occupation shall not utilize more than 25% ofthefirstfloorarea of the principal stmcture or a cumulative total of 500 sq.ft.,whichever is less. All areas devoted to the use of the home occupation shall be shovm on afloorplan submitted with the Special Permit appHcation. j) Sales: On-premise sale of merchandise is prohibited except where clearly incidental and secondary to the home occupation, limited in scope, and where there is no exterior evidence of items for sale. This shall not prevent on-premise sales or mail order handling of inaterials stored and shippedfromoff-site. k) Delivery Vehicles: The home occupation shaU not increase the number or type of delivery vehicles customary to a dwelling. I) Parldng and pavement: A minimum and/or a maximum number ofparkmg spaces shall be specified by fhe ZBA. The ZBA may also specify the location and extent of parldng areas. m) Hours: Hours of operation shall not exceedfrom7:00 AM to 9:00 PM. Town of Clay Zoning Code Page 129 n) Hazards: The home occupation shall not create any hazard to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat, or glare, on surrounding properties o) Group activity: The ZBA may limit the number and locations within the property where individuals or students shall receive group services or instruction. p) Multi-family dwellings. Home occupations shall be allowed in multi-family dwellings but only within those units that have direct pedestrian access to the outside of the stmcture and do not require any customer or client of the home occupation to use a shared or common corridor. The Zoning Board of Appeals may impose additional requfrements on home occupations in multiple family dwellings for the protection of other residents. q) Additional conditions: The ZBA may impose additional conditions upon the home occupation to preserve the residential character ofthe site and neighborhood. 2) Drive-In Service a) Vehicular circulation: The lot shaU have sufficient area andfrontagefor safe and efficient vehicular access, egress, intemal cfrculation and provision of services without adversely affecting the flow of traffic on the abutting streets. b) Vehicular stacking Provision for the stacking offive(5) vehicles waiting for service shall be maintained on-site for each drive-in service window or unit. c) Landscaped buffer: On each lot line abutting a residential use, there shall be a landscaped buffer, eight feet in width measuredfromthe lot Ime, planted with a staggered double row of evergreen trees, installed at a height of four (4) feet, on six (6) foot centers, and maintained to a height of at least six (6) feet. The reviewing Board may authorize opaque fencing to be substituted for landscaping planting uponfindingthat such screening would provide a more effective buffer for the residential use. d) General landscaping: A landscaped area shall be maintained (exclusive of driveways) on all sides ofthe property having streetfrontageor abutting non-residential uses; treatment shall be of grass, omamental stone, or evergreens maintained below two (2) feet ui height, and surrounded by curbmg (wood, stone, concrete) 4-6 inches in height. The landscaped area shall be of sufficient width and length for snow storage needs and to separate the site's vehicular areas from those of abutting uses and the streets. 3) Motor Vehicle Service and Repafr a) The lot shall have sufficient area andfrontagefor safe and efficient vehicular access, egress, intemal cfrculation and servicing of vehicles without adversely affecting the flow of traffic on the abutting streets. b) Entrance or exit driveways shall be located at least twenty (20) feetfromany side or rear lot lines and at least 75 feetfromany intersecting streetrigJit-of-wayline. c) All fuel pumps and service areas shall be located at least thirty feetfromany street line or thirty (30) feetfromany other lot line. Town of Clay Zoning Code Page 130 d) All fuels including fuel oil, gasoline or similar substances shall be stored in underground tanks at least thfrty-five (35) feet from any lot line, and tanks shaU be installed and maintained in accordance with the current standards of the National Board of Ffre Underwriters and the NYS Unifonn Fire Prevention and Building Code. Vents must be at least twenty-five (25) feet from any lot line. e) Any inactiveflammableliquid/fuel storage tank below grade must be removed within six (6) months after the dispensing of fuel or the use of the tank has ceased. f) All repair, painting, servicing or storage of parts, equipment, and containers of solvents, lubricants, waste oil and similar materials used dfrectiy in the operation ofthe use (otiier than dispensing of fuel, oil, water and afr to vehicles) must be performed and contained within a principal or accessory stmcture. g) Vehicles awaiting routine repafr must be stored on-site but not between the front building line and front property line h) On each lot line abutting a residential use, tiiere shall be a landscaped buffer, eight feet in width measured from the lot line, planted with a staggered double row of evergreen ti-ees, instaUed at a height of four (4) feet, on six (6) foot centers, and maintained to a height of at least six (6) feet. The Board of Appeals may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential use. i) A landscaped area shall be maintained (exclusive of driveways) on all sides of the property having streetfrontageor abutting non-residential uses; treatment shall be of grass, omamental stone, or evergreens maintained below two (2) feet in height, and surrounded by curbing (wood, stone, concrete) 4-6 inches in height. The landscaped area shall be of sufficient widtii and length for snow storage needs and to separate the site's vehicular areas from those of abutting uses and the streets. j) Waste disposal and similar accessory service areas shall be adequately screened from view and maintained to avoid any discharge of hazardous inaterials to the sin*face drauiage system. 4) Motor Vehicle Sales a) All sales activities and vehicle storage or display shall be maintained outside of requfred yards. b) Accessory service and repafr facilities shall be subject to the provisions of 3) above. 5) Utilities Substation a) Notwithstanding anything set forth in any other section of this Zoning Code to the contraiy, the following public utility uses shall be authorized within any district in the Town of Clay only upon the issuance ofa special pemiit by the Tovm Board upon the detennination by said Board that there is a sufficient compliance with the requirements of this section: (1) Utility substation; (2) Public transit orrailroadelectric substation (3) Public utility stations for gas or oil metering and regulating (4) Telephone exchange or otiier community equipment substations Town of Clay Zoning Code Page 131 (5) Terminal facUities atrivercrossings for access to electric, gas or steam lines; (6) Water or sewage pumping stations; (7) Communication towers, radio and television towers, relay stations, or transmitting or booster antennas; (8) Sewage treatment plants; and (9) Other public utility uses which are of the same general character as those listed above. b) UtiHty substation procedure The following procedure shall govem fhe issuance ofa Special Pennit for the public utility uses authorized in Subdivision A above. (1) An application for a public utility permit shall be made to the Town Board. The Town Board shall refer the application to the Planning Board for its review and recommendations to the Town Board. The application for the pennit shall be on forms required by the Town and include a detailed graphic plan including a detailed landscaping plan. (2) The Planning Board shall review the application to determine if the plans comply with the requirements hereinafter set forth within forty-five (45) days after receipt ofthe appHcation. The Planning Board shall deliver a written report to the Town Board in which it shall recommend approval, approval with modification, or disapproval ofthe appHcation and shall state the reasons for its recommendation. (3) The Town Board, after a public hearing, may approve, approve with modification, or disapprove the appHcation. The Tovm Clerk shall give notice of such hearing by the pubhcation of a notice in the official newspaper, specifying the time when and the place where such hearing will be held and in genexal terms describmg the application. Said notice shaU be published at least ten (10) days prior to the day of the hearing. (4) The Commissioner of Planning and Development shall issue a building permit pursuant to said approval or approval with modification, upon finding compliance with all other appHcable provisions of law. c) Utility substationrequirementsand regulations (1) The public utiHty stmctures and uses authorized in Subdivision A shall confonn to all the regulations of the District in which they are located and to any particular regulations which apply under other provisions of this Chapter. In addition,tiiereshall be reasonable compatibility in all respects with any stmcture or use in the neighborhood, actual or pennitted, which may be dfrectiy and substantially affected. (2) PubHc utility stmctures and uses shall be situated upon the site with consideration given for layout, public safety, health, screening, signs, access, landscaping, driveway and highway access, and architecture or design so that: (a) The flow, control and safety of traffic shall not be adversely affected to an unreasonable degree; (b) There shall be reasonable provision for open spaces and yards, appropriate to the stmcture and use; (c) The utility shall not be in conflict with other utilities in the area; (d) The uses and facUities affixed to the land shall not be located closer than twenty (20) feet to any lot line and any television, radio, or other type tower shall Town of Clay Zoning Code Page 132 be located on a lot which is of sufficient size so its setback will be at least the height ofthe stmcture plus twenty-five (25) feet; (e) All parking for service and employee shall be on site; (f) The stmcture shall be adequately landscaped with year round evergreen shmbbery andttees;and electric or gas utility substations or water pumping stations shall be surrounded with fences barriers, and safety devices prescribed by the Town Board (g) The location and height of buildings; the location, nature and height of waUs, fences and otiier stmctures, and the nature and extent of drainage and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent lands and buildings, nor impafr the value thereof; (h) The outside storage of equipment shall not be permitted on the site; all lighting shall be dfrected awayfromadjacent lots and public thoroughfares; and (i) The Tovm Board may requfre additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including perfonnance standards goveming noise, vibration, smoke and other particulate matter, odorous matter, toxic or noxious matter,radiationhazards, humidity, heat or glare applicable to the District in which such use, building or other stmcture, or tract ofland is located 6) reserved for future use 7) reserved for future use Town of Clay Zoning Code Page 133 §230.5.E Office of Commissioner of Planning and Development (Department of Planning & Development) This section sets forth and describes the responsibilities of the Office of Commissioner of Planning and Developmentfor the Town of Clay. It includes the grant of authority by the Town Board, a delegation ofpower to administer and apply the Zoning Code and to provide necessary support to the various boards within the Town. 1. Establishment The Office of Commissioner of Planning and Development is estabhshed by Chapters 26 & 109 of the Town of Clay Municipal Code. The Commissioner, by authority of this Code is further authorized to administer the Town Zoning Code and Subdivision Regulations at the dfrection of the Town Board, Planning Board and Zoning Board of Appeals and to assume other responsibilities as dfrected by these Boards. 2. Powers and Duties a. Buildmg Permits - The Commissioner shall be responsible for the issuance or denial of building permits for any activity requiring such permit by this Zoning Code pursuant to Chapter 26 ofthe Tovm Municipal Code. b. Certificates of Occupancy - The Commissioner shall be responsible for the issuance or denial of certificate of occupancy for any activity requiring such permit by this Zoning Code .pursuant to Chapter 26 ofthe Town Municipal Code. c. Minor Modifications to Approved Site Plans - The Commissioner is authorized to approve, approve with modifications, or disapprove minor modifications to site plans for uses and stmctures subject to Site Plan Review by the Plannfrig Board. d. Subdivision Adjustments - The Commissioner is authorized to approve, approve with modifications, or disapprove minor adjustments to lot lines including relocation of a lot line, consolidation of lots, and transfer of portions of lots between adjacent properties. e. Guidelines. Procedures, Rules and Regulations The Commissioner shall beresponsiblefor maintaining records and developing appropriate forms to process applications for building permits or certificates of occupancy, and offering the necessary assistance to applicants and Town Officials in the application ofthe Zoning Code and Subdivision Regulations. f Technical support to Boards - The Commissioner shall be avaUable to advise and support the various boards of the Tovm govemment including assistance in applying the Zoning Code and Subdivision Regulations; drafting forms, guidelines or procedures for board adoption; analyzing zoning or subdivision applications. g. Commissioner's Discretion for Application Submission Requfrements - The Commissioner is authorized to modify the contents of any material required for submission for any zoiung or subdivision appHcation. Such modification shall be: 1) limited to the level of detail of information to be presented (e.g. scale of plans, material specifications, or degree of measurement or accuracy); and 2) based upon an understanding that the level of submission is appropriate to the stage of board review and the complexity ofthe proposal; and 3) received by thereviewmgboard which may require additional materials to be submitted in the course of its review. Town of Clay Zoning Code Page 134 h. Other powers and responsibilities - The Commissioner shaU be responsible for such other responsibilities as described in Chapters 26 and 109 ofthe Clay Mimicipal Code and any other powers or responsibflities delegated by the Town Board, Zoning Board of Appeals or Planning Board. 3. Building Pemiits see Chapter 26 4. Certificates of Occupancy see Chapter 26. 5. Minor Modifications to Approved Site Plans This section establishes standards of review for changes to a site that has been previously granted site plan approval. No board review is likely for changes within the standards of§5a below, however the applicant will be responsible for building, occupancy or similar permits which may be necessary. §5b describes when some larger modifications may be approved by the Commissioner. Any change exceeding the requirements of§5a and §5b shall be considered a substantial modification and must be approved as a new proposal. a. Non-substantial Modification The Commissioner has the authority to issue a building permit or certificate of occupancy for additions or modifications ofland uses and/or stmctures previously subject to Site Plan Review approval, provided there is not more than one (1) proposed addition or modification within any 24 monthtimeperiod, and the proposal adds less than 50% of the ground level space of the existing building or stmcture, or less than 10,000 square feet, whichever is less; or is found by the Commissioner of Planning to coniply with the foUowing: 1) Dangerous Condition Removal or repafr of a dangerous condition determined by an enforcement agency that cfrcumstances exist which, if not corrected, contribute a threat to life, health or safety of the general public or such other persons for whose protection such regulations were intended. Such determination may be verbal or in writing. The term "enforcement agency" shaU refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons witiiin the town. 2) . Principal and Accessory Stmctures Routine repafr, replacement or maintenance of electrical or mechanical installations, or of damaged or worn parts or surfaces, including repainting, facade repafr and roof replacements. 3) Ownership Changes in ownership or management of an establishment, excluding a home occupation, which do not change the use ofthe property. Town of Clay Zoning Code Page 135 4) . Lot Dimensions Any change or modification in lot configuration, if it does not substantially affect an approved Site Plan. 5) Parking Replacement or repafr of existing pavement or painting of driveway and parldng areas without altering the approvedttafficpattem. 6) Landscaping Routine landscaping and plant replacement, establishment of new landscaped areas without altering the approved vehicular or pedestrian cfrculation and parking patterns; such changes should be consistent with any applicable conttols in the approved plan conceniing height, location, and visibility. 7) Screening Devices Repafr or replacement, in kind, of existing requfred screening devices. 8) Signs Repafr or replacement, in kind, of existing signs including changes in text. b. Additional Autiiority for Commissioner to Approve Site Plan Modifications The Commissioner has the authority to approve, approve with modifications or disapprove any proposed addition or modification that exceeds the standards of §5a, above, upon finding that the proposed addition or modification remains within the intent oftiiePlannmg Board's original Site Plan approval. The Commissioner may, at anytime,consult withtiiePlanning Board to determine the appropriateness of the Commissioner's review. The Commissioner may, at anytime,findthat the proposal is beyond the scope ofthe origmal approval, decline to act, and requfre a new submission to the Planning Board. c. Substantial Modification - major board review Any change or modification determined by the Commissioner to exceed or not be applicable to §5a or §5b shall be subject toreviewas a new proposal pursuant to the applicable sections of this Code. d. Procedures and Submissions for Minor Modifications 1) The applicant shall submit to the Commissioner written and/or site plan materials adequately describmg the nature of the proposed modification. 2) The Commissioner shall evaluate the nature and extent of the proposed modifications. 3) Upon findmg that the proposed modifications are within the standards of §E.l or §E.2 above, the Commissioner shall act to approve, approve with modifications or disapprove the request. 4) Copies ofthe approved modifications shall befiledin the original officialfileand transmitted to the applicant. Town of Clay Zoning Code Page 136 6. Subdivision Adjustments This section describes the circumstances and standards under which proposed subdivisions may be approved by the Commissioner ofPlanning and Development It establishes a sub-group ofsubdivision actions that while complying with ihe standards of Town's Subdivision Regulations and Zoning Code do not need Planning Board review or approval. a. Purpose This section is to allow for the minor reallocation of land between existing lots while not altering the allowable use ofthe lots or the infi-astructure of the area. It may be used to correct platting errors or to facilitate a more effective use ofa lot. b. Authority 1) The Commissioner is authorized to approve, approve with modifications or disapprove Subdivision Adjustments. 2) The Commissioner shall not adjust lot lines on more than fifty (50%) of the original lots contained in afiledor un-filed plat, 3) Standards of Approval a) Each lot affected by a proposed lot line relocation or line removal must coniply with the minimum dimensional requfrements of the applicable zone district. b) The lot line relocation may be for any purpose such as improved landscape buffer, snow storage, or re-orientation of buildings, c) No lot line adjustment shaU increase the degree of any non-conformity. d) A Consolidation ofland shall result in a lot(s) that meets the minimal dimensional requfrements ofthe appHcable zone district. Legal non-conforming lots may be consolidated resulting in a single lot with a diminished degree of non-conformity; an Area Variance may still be requfred. e) No Subdivision Adjustment shaUresultin a lot or lots that could substantially alter fhe purpose or impact of an existing site development unless the land use or structures are subject to appropriate reviews by applicable town board(s). Such adjustment shall be conditioned upon the issuance of the approvalsfromthe appropriate town board(s). d. Procedure 1) All requests for minor subdivision adjustment shall be submitted on forms availablefromthe Office of Planmng and Development, 2) Simultaneous requests for Subdivision Adjustment shaU be submitted by each affected property owner when a proposed Subdivision Adjustment is for a transfer ofland area between two separate properties. Tfris is to avoid even the temporary creation ofa strip or configuration of land not complying with the zoning requfrements. 3) All Subdivision Adjustments shall be filed according to the Town and County procedures and standards applicable to subdivision plats prior to any conveyance, development or permits.