Town of Clayton, NY Chapter 235 Zoning

[HISTORY: Adopted by the Town Board of the Town of Clayton 7-12-1989. Amendments noted where applicable.]

PREAMBLE

A. The Town of Clayton encourages development that is compatible with the existing development character of the municipality. To that end, the Town Board hereby adopts as advisory guidelines the illustrated design features as proffered by the New York Planning Federation in the publications entitled "Hamlet Design Guidelines" and "Rural Guidelines" (hereafter "the guidelines").

B. This chapter, in conjunction with the Joint Comprehensive Plan for the Village and Town of Clayton (the Comprehensive Plan), along with the Joint Village and Town of Clayton Local Waterfront Revitalization Program (the LWRP), and the Chaumont River Corridor Waterfront Revitalization Strategy (the CRCWRS) plan is designed to protect the health, welfare, and safety of the Town's citizens while encouraging growth through the logical, orderly development of the land within the Town, while maintaining the character of the Town and long-term growth objectives as laid out in the Comprehensive Plan, the LWRP and the CRCWRS plan. It is intended that this will be accomplished through the following actions: (1) This chapter supersedes all commercial, industrial, and private agreements affecting any aspect of this chapter, except as specified in this chapter; (2) Update land use regulations based upon experience derived from previous versions of the chapter. To promote and encourage future development in the Town that will not adversely affect the health, welfare, or well-being of its residents or adversely impact the lands in the Town and their natural resources; (3) Provide a flexible system of land use regulation that enables the Town to grow while preserving its unique features, natural resources, natural character, historical sites, agricultural importance, rural character, and attractiveness as a destination for vacationers and seasonal residents, tourism, and recreation; (4) Minimize the adverse environmental impacts of development, especially in visually and environmentally sensitive areas such as scenic viewsheds, stream corridors, waterfronts, wetlands, floodplains and active farmlands; (5) Ensure adequate services to Town Residents, inclusive of transportation, water, sewage systems, schools, fire, police, and other facilities; (6) Preserve and enhance real property values and protect private property rights and enjoyment of landowners; (7) Regulate commercial, industrial, and other nonresidential uses in a manner that is sensitive to the community and provide freedom for economic use of the land, provided that such uses are not harmful to neighboring property values, or the health, welfare and safety of the residents, and are in compliance with the provisions, goals, and objectives of the Comprehensive Plan; (8) Provide a variety of housing opportunities in an effort to encourage affordable housing; (9) Protect residences from nuisances, odors, noise, light pollution, and other unsightly, obtrusive, offensive, and aggravating land uses and activities; (10) Encourage the use of alternative energy systems that are not in conflict with any of the other purposes stated in this section, the Comprehensive Plan, the LWRP, or the Chaumont River Corridor Waterfront Revitalization Strategy plan. [Added 5-10-2017 by Amdt. No. 40[1]]

C. Subject to the foregoing, and for the purpose of promoting the public health, safety and general welfare and encouraging the most desirable use for which the land in each district may be adapted, with a view to conserving the value of buildings and of enhancing the unique scenic and aesthetic values of the Thousand Islands areas of the Town, as well as promoting the highest and best use of land throughout the Town, pursuant to the authority conferred by Article 16 of the Town Law of the State of New York, and in accordance with a Comprehensive Plan with reasonable consideration for, among other things, the character of each district and its peculiar suitability for particular use, the Town Board of the Town of Clayton and the County of Jefferson, State of New York, hereby ordains and enacts this chapter as follows:

[1] Editor's Note: This Amdt. No. 40 also provided for the redesignation of original Section B as Section C.

§ 235-1 Title.

This chapter shall be known and may be cited as "The Town of Clayton, New York, Zoning Ordinance," hereinafter referred to as "this chapter."

§ 235-2 Definitions; word usage.

A. Construction of words. Words in this chapter shall be construed in accordance with their common meaning unless their context requires a different interpretation or unless they are otherwise defined in this chapter. For the purpose of this chapter, certain terms or words herein shall be interpreted or defined as follows:

(1) Words in the present tense shall include the future tense and the future tense shall include the present tense.

(2) The singular includes the plural and the plural includes the singular.

(3) The word "person" includes a corporation, company, partnership of association as well as an individual.

(4) The work "lot" includes the word "plot" or "parcel."

(5) The words "shall" and "must" are always mandatory.

(6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

(7) The word "building" includes the word "structure."

B. Definitions. When used in this chapter, unless otherwise expressly stated, the following words and terms shall have the meanings indicated:

ACCESSORY BUILDING

A subordinate building located on the same lot with the main building, occupied by or devoted to a use which is customarily incidental to the principal use; where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use and conducted on the same lot therewith.

AGRIBUSINESS OPERATION

Any business that supplies farms and agricultural operations with needed supplies, implements and other products.

AGRICULTURAL OPERATION

The raising for compensation of crops, livestock and agricultural or dairy products, fish or game, and the structures and storage incidental thereto. The term includes plant, crop and tree growing and harvesting, animal husbandry, horticulture, forestry, fish for bait or harvest. The term does not include the operation of a hog or fur farm.

AGRICULTURAL PROCESSING PLANT

A large scale commercial or industrial operation for the processing of animal products such as a slaughterhouse or dairy processing facility, or a large scale facility for the processing of wheats or grains for wholesale distribution. The term does not include farm winery, farm distillery, farm brewery or farm cidery.

[Added 8-10-2016 by Amdt. No. 38]

AGRICULTURAL USE

The raising of fruits, vegetables and the like for sale, and structures incidental thereto, but not including the raising or keeping of animals.

[Amended 8-10-2016 by Amdt. No. 38]

ALTER

To alter, change or rearrange any structural part of the existing facilities of a building or structure, or to enlarge the building or structure whether by extending any side or increasing the height thereof, or to move the same from one location or position to another.

AMUSEMENT AND RECREATIONAL FACILITIES

Any indoor place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public. An amusement center may include indoor commercial shooting ranges and indoor theaters.

ANIMAL CARE FACILITY

A structure, stable, veterinary facility or similar uses orientated to the care or harboring of animals, whether commercial or not-for-profit.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency waves.

[Added 5-10-2017 by Amdt. No. 40]

AREA

(1) LOT AREA The total area contained within the property lines of an individual parcel of land.

(2) BUILDING AREA The total of areas taken on a horizontal plane at the main grade level of the building in question exclusive of uncovered decks, porches, patios, terraces and steps.

(3) HEIGHT The vertical distance to the highest point of the roof measured from the average level of the finished ground surface at the exterior walls of the building. Chimneys, elevator penthouses, ventilators and similar projections shall not be included in the measurement providing that such projection does not occupy more than 10% of the roof area nor exceed 10 feet in height.

(4) COVERAGE That percentage of the lot area covered by the building or buildings in question.

AUTOMOBILE SALES AND/OR REPAIR FACILITY

Any structure or lot used to display for sale, rental or to perform repairs on motorized vehicles.

AUTOMOBILE SERVICE STATION

A building or place of business where gasoline, diesel fuel, oil, lubricants, batteries, tires and/or automotive accessories are supplied and dispensed directly at retail or where minor repair service, lubrication, washing or polishing is rendered.

BED-AND-BREAKFAST

An owner-occupied one-family dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers containing one but not more than five rental bedrooms for such lodgers.

BOATHOUSE, MULTIPLE USE

A private boathouse that includes guest quarters (i.e., areas for sleeping to include bathroom facilities which conform to New York State code but specifically excluding kitchen facilities), decks, gazebos and similar uses. Multiple use boathouses and guest quarters are for private use only. The intent of this definition is to allow reasonable use of a water-related structure but to prohibit a second dwelling on a single lot.

BOATHOUSE, PRIVATE

A building, accessory to a dwelling, containing not more than three slips, used exclusively for the noncommercial docking or storage of motorboats, sailboats and other similar vessels.

BUFFER AREA

A designated area used to screen adjoining properties.

BUILDING

Any structure having a roof supported by columns or by walls which is used or intended for use for the shelter, housing, protection or enclosure of persons, animals or tangible property. The term, unless differentiated, includes both principal and accessory buildings.

BUILDING, ACCESSORY

See "accessory building."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BUILDING LINE

The line determined by that portion of the structure that is the furthest projecting point that is nearest to the lot line. Such installations shall include cornices, chimneys, eaves, carports, garages, decks, porches, breezeways, covered patios, terraces, open areaways, roof overhangs and other similar protrusions.

BUILDING PERMIT

A permit issued by the Town of Clayton Building Code Office pursuant to the New York State Uniform Fire Prevention and Building Code and the New York State Department of Health.

BUILDING, PRINCIPAL

A structure in which is conducted the main, dominant or principal use of the lot on which such structure is located.

BUNKHOUSE

A structure that contains guest quarters for sleeping that may include bathroom facilities but specifically excluding kitchen facilities.

BUS

A large multipassenger motor coach or omnibus used for the regular conveyance of persons by road.

CAMPGROUND, COMMERCIAL

A property providing two or more sites for the parking of occupied recreational vehicles, the erection of tents or other places of temporary abode, as defined by the New York State Sanitary Code, and all building and facilities pertaining thereto.

CAMPING UNIT

A tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed or used for temporary human occupancy.

CAMPSITE

A portion of a campground, with or without connections to water supply, electrical service or sewage systems, used by one camping unit.

CARPORT

A roofed structure, with or without enclosing walls, used for the storage of one or more automobiles.

CLUBHOUSE

A building to house a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings and formal written membership requirements and which is not adjunct to or operated by or in connection with a public tavern, bar cafe or other public place.

COMMUNITY OR GOVERNMENTAL FACILITY

A building or use that is operated by a not-for-profit or governmental unit for the general well-being, health, safety, welfare and enjoyment of the public.

CONDOMINIUM

A multifamily dwelling in which the dwelling unit are individually owned, not rented, as in an apartment building.

CONTIGUOUS

For the purposes of this chapter, when parcels of land are within a distance of 500 feet of each other.

CONVERSION

The changing of use or occupancy of a building, structure or land.

COTTAGE COLONIES

An aggregation of two or more cottages used for commercial rental.

DANGEROUS USE

The manufacture, bulk storage or handling of explosives, illuminating gases, lethal or toxic chemicals or other explosive, combustible, flammable, lethal or toxic substances in such quantities or in such manner that may or does endanger the public safety. The term does not include the operation of a retail gasoline station.

DECK

Any outside, uncovered, aboveground platform six inches or higher used as a floor.

DRIVEWAYS AND/OR PRIVATE ROADS

Any means of ingress or egress to a lot or property.

DWELLING

A building designed or used primarily as living quarters for one or more families. The term shall not be deemed to include tents, travel trailers, recreational vehicles or other places of temporary abode.

(1) DWELLING, SINGLE-FAMILY A detached building, designed for or occupied exclusively by one family and containing not more than one dwelling unit having a minimum of 720 square feet of floor area at ground level exclusive of garages, porches and other similar accessory attachments.

(2) DWELLING, TWO-FAMILY A building designed for and occupied by two individual families.

(3) DWELLING, MULTIFAMILY A building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.

DWELLING UNIT

Any building or portion thereof providing complete living facilities for one family.

ERECT

To construct, build, re-erect, reconstruct, rebuild or excavate for a building or structure.

FAMILY

One or more persons living together as a single housekeeping unit.

FARM

Any parcel of land containing not less than 10 acres that is used for gain in raising agricultural products, livestock, poultry or dairy products. It includes necessary farm structures, including those for the storage of farm equipment. It excludes the raising of fur-bearing animals, hog farming, riding academies, livery or boarding stables and dog kennels.

FARM WINERY/DISTILLERY/BREWERY/CIDERY

An agricultural operation for the growing of grapes, apples or other crops such as grains and berries, and the preparation, processing, marketing, and distribution of wine, beer or other alcoholic beverages and ciders, in addition to all uses that are permitted by the Farm Winery Act of 1976 or the New York Craft Act of 2014.

[Amended 8-10-2016 by Amdt. No. 38]

FLEA MARKET

A lot, or any portion thereof, designed, arranged or used for the permanent outdoor/indoor display and/or sale at retail of assorted goods, offered by the property owner and/or his lessee(s).

FOUNDATION

A wall or pier having a fixed location on the ground and capable of serving as a support for a structure or structural part of a building, such as a wall, pier or column.

FRONTAGE/FRONT LOT LINE

That side of a lot abutting on a street, roadway or waterway as defined herein.

FRONT YARD

The yard between the front building line and the front lot line and extending the full width of the lot.

FUEL STORAGE TANK(S), LARGE

A container used or intended to be used for the storage of petroleum products, holding 550 gallons or more.

FUR FARM

Any lot or building or portion thereof used or occupied for raising or keeping for compensation of rabbits, foxes, minks, chinchillas, skunks or other fur-bearing animals.

GARAGE, COMMERCIAL

A building or premises designed or used for the storage, repair and/or servicing of motor vehicles for hire.

GARAGE, PRIVATE

A building containing not more than three stalls or bays, used exclusively for the noncommercial parking or storage of motor vehicles, boats, trailers, or household goods.

GARAGE SALE

Includes all general sales, open to the public, for the purpose of disposing of personal property, including but not limited to garage, lawn, yard, attic, porch, rummage, or like sales. This does not include merchandise that was purchased for resale or obtained on consignment.

GASOLINE SERVICE STATION

Any lot or building or portion thereof used or occupied for the sale or supply of gasoline or motor vehicle fuels, oils, lubricants, or for the polishing, greasing, washing or servicing of motor vehicles.

GREENHOUSE

A building made mainly of translucent, weather-resistant material, in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for commercial use.

HEIGHT

See "area."

HIGH WATER MARK

That point on the shoreline of the St. Lawrence River or its tributary waterways reached by the highest historically recorded water level of said river, established by chart datum of the United States Army Corps of Engineers and determined by the sloping surface of said river with Lake Ontario at a level of 248.58 (243.28 + 5.30) feet above mean sea level at Father Point, Quebec (International Great Lakes Datum, 1985).

HOG FARM

A commercial operation having more than 15 resident pigs three months of age or older.

HOME OCCUPATION

An accessory use of a service character customarily conducted entirely within a dwelling and/or appurtenant structures by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than an approved small sign and the parking spaces associated therewith.

HOSPITAL

Any hospital, sanatorium or other institution used or occupied for the care of persons mentally or physically ill, incapacitated or disabled. The term includes nursing and convalescent homes.

HOTEL, MOTEL AND RESORTS

A building or group of buildings, whether in detached or connected units, with or without direct outside access, used primarily to provide sleeping accommodations, with or without restaurant facilities, for the transient public and including accessory off-street parking facilities and/or docking.

INDUSTRIAL OPERATION, HEAVY (HEAVY INDUSTRY)

A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offense conditions.

[Added 4-26-2016 by Amdt. No. 39]

INDUSTRIAL OPERATION, LIGHT (LIGHT INDUSTRY)

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but exclusive of basic industrial processing and storage of flammable or toxic materials. "Light industry" is also exclusive of uses that require heavy, noisy or otherwise objectionable disturbances, such as vibration, dust and odors.

[Added 4-26-2016 by Amdt. No. 39]

INDUSTRIAL USE

A use consisting of either heavy industry or light industry.

[Added 4-26-2016 by Amdt. No. 39]

INN

An establishment which provides not more than 16 rooms for hire for overnight accommodations within a single building.

[Added 8-10-2016 by Amdt. No. 38]

INSTRUMENT

Any structure attachment intended to measure atmospheric conditions, take photographs, antennas, or similar uses with minimal moving parts.

[Added 5-10-2017 by Amdt. No. 40]

JUNKYARD/SALVAGE YARD

A lot, land or structure, or portion thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material, or for the collecting, dismantling, storage and salvaging of machinery, implements or vehicles not in running condition, and for the sale of parts thereof. Not to include an establishment devoted solely to receiving recyclable cans and bottles or one for recycling electronic equipment.

KENNEL

Any commercial establishment, including cages, animal runs and structures where animals are harbored, bred or boarded.

LANDFILL AND/OR DUMP

A lot or portion thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

LAUNDROMAT

Business premises equipped with individual clothes washing and drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or hotel.

LEAD AGENCY

The governmental agency that oversees the environmental impact process and makes final decisions.

LOT

A parcel of land used or occupied or capable of being used or occupied by one or more buildings or structures and the accessory buildings, structures or uses customarily incidental to it, including such yards and open spaces as required by this chapter.

LOT COVERAGE

The percentage of the total lot area that is occupied by the ground area of a building and its accessory buildings, if any.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the direction of the side lot lines.

LOT LINE

Any boundary of a lot dividing one lot from another, or from the street or roadway, or from the St. Lawrence River or other waterway.

(1) LOT LINE, FRONT The lot line adjoining any street line or road right-of-way line or waterfront property line at the high water mark. Where a lot adjoins two or more streets or roadways, it shall be deemed to have a front lot line respectively on each.

(2) LOT LINE, REAR The lot line opposite to and most distant from the front lot line.

(3) LOT LINE, SIDE Any lot line other than the front or rear lot lines shall be deemed a side line.

LOT OF RECORD

Any lot which, individually by way of a deed or as part of a subdivision, has been recorded in the office of the Jefferson County Clerk, or which is the subject of a valid and legally executed contract for land purchase, said recording or contract execution having taken place prior to the adoption of this chapter; provided, further, that said lot, whether created by deed, subdivision or land contract, was in conformance with all legal requirements in effect at the time of its creation.

LOT WIDTH

The distance between the boundaries of a lot measured at their points of intersection with the street or road right-of-way line and/or at their points of intersection with the property line along the waterfront.

MANUFACTURING FACILITY

Any building or structure designed and/or used for an industrial use.

[Added 4-26-2016 by Amdt. No. 39; amended 5-10-2017 by Amdt. No. 40]

MARINA

Any lot, building, structure, pier, dock or portion thereof located on the waterfront providing facilities for the sale, rental, docking, secure mooring and/or storage of yachts, cruisers, motorboats, sailboats and other vessels, as well as supplies, service, fueling, repair and other related facilities and/or operations necessary to maintain such craft.

MARINE MANUFACTURING

The fabrication of goods or articles that are directly related to a water-dependent use.

MEDICAL FACILITY

Any building or group of buildings used or intended to be used for the health care of individuals.

MOBILE HOME

A residential structure containing at least 480 square feet of interior living space, factory-produced on a steel undercarriage with the necessary wheel assembly for transportation to a permanent or semipermanent site. The wheel assembly can be removed when placed on a permanent foundation, but the steel undercarriage remains as a necessary structural component.

MOBILE HOME PARK

Any lot on which two or more mobile homes are located regardless of whether or not a charge is made for such lot accommodations.

MODULAR HOME

A dwelling, factory produced for transportation to a permanent site. The entire structure will be produced and assembled according to New York State standards for modular homes. The intent of this definition is to allow installation of modular homes constructed to standards equal to those required on site built dwelling.

MOTOR VEHICLES, INOPERATIVE

Any motor vehicle not on the premises of a licensed dealer which is unregistered for a period of six successive months or longer. As related to agricultural and other special uses, any motor vehicle incapable of motion under its own power and/or no longer in condition for legal use.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure the size, dimension or location of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NONCONFORMING USE

A use of land, building or structure lawfully existing at the time of enactment or amendment of this chapter which does not conform to the regulations of the district or districts in which it is located by reason of such adoption or amendment.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

NOXIOUS USE

Any use that is noxious, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas, fumes, noise or vibration. The term includes the operation of a fur farm, hog farm, rendering works or slaughterhouse.

NURSERY SCHOOL

A facility duly licensed or approved by the New York State Department of Education for the daytime accommodation and/or instruction of two or more children under the age of six years.

NURSING OR CONVALESCENT HOME

A building other than a hospital where persons, except for the mentally ill, mentally handicapped and/or drug or alcohol abuse patients, are lodged, furnished with meals and nursing or custodial care for payment or compensation.

OVERLAY DISTRICT

A zoning district that encompasses one or more underlying zoning districts and that imposes additional requirements above that required by the underlying zoning district.

PARCEL

That portion of land falling under a single deed of ownership. If a parcel is dissected by a roadway, stream or other man-made or natural feature(s) it is still deemed to be one parcel.

PARKING SPACE

An off-street space available for parking of one motor vehicle and having an area of at least 200 square feet with a minimum of 10 feet wide, exclusive of passageways and having direct access to a street or highway.

PATIO

An uncovered area adjacent to a house for outdoor lounging, dining or entertainment.

PICNIC SHELTER

A covered structure, completely or partially open on at least three sides, for the seasonal serving and consumption of food and beverages.

PLACE OF PUBLIC ACCOMMODATION

An establishment either affecting interstate commerce or supported by state action, and falling into one of the following categories:

(1) A lodging for transient guests located within a building with more than five rooms for rent;

(2) A facility principally engaged in selling food for consumption on the premises, including such facilities located within retail establishments and gasoline stations;

(3) Any place of exhibition or entertainment;

(4) Any establishment located within an establishment falling into one of the first three categories, and which holds itself out as serving patrons of that establishment; or

(5) Any establishment that contains a covered establishment, and which holds itself out as serving patrons of that covered establishment.

PORCH

A covered entrance to a building, usually projecting from the wall and having a separate roof.

PRESCHOOL

Early childhood educational facility specializing in children age three through five years of age or until eligible for kindergarten.

PROFESSIONAL OFFICE

The business place of an accountant, architect, attorney, chiropractor, dentist, engineer, optometrist, physician, psychologist, social worker, surgeon or surveyor or any other professional.

PROFESSIONAL OFFICE IN PLACE OF ABODE

The business place of a duly licensed accountant, architect, attorney, chiropractor, dentist, engineer, optometrist, physician, psychologist, social worker, surgeon, surveyor or other like professional employing no more than one employee, conducted as an accessory use entirely within a dwelling by the resident(s) thereof, which is clearly secondary to the use of the dwelling for living purposes, and does not change the character thereof or have any exterior evidence of such secondary use other than an approved small sign and the parking spaces associated herewith.

PUBLIC ACCESSIBLE PLACE

Any land or structure that is open to the general public, such as a public road, park, public school, recreation area, conservation area, or place of public accommodation such as a restaurant or hotel, excluding private retail and service businesses, offices, and other private property which is open to the public.

PUBLIC UTILITY

A private business, often a monopoly, which provides services so essential to the public interest as to enjoy certain privileges such as eminent domain and be subject to such governmental regulation as fixing of rates, and standards of service. Characteristics of the public utility include:

[Amended 4-26-2016 by Amdt. No. 39]

(1) Operation under a franchise, subject to some measure of public regulation;

(2) The product of the utility must be piped, wired, or otherwise served to each user;

(3) The supply must be maintained at a constant level to meet minute-by-minute need;

(4) The user has no alternative source; and

(5) The supplier commonly has no alternative means of delivery.

PUBLIC UTILITY FACILITY

Any building or structure designed and/or used to service a public utility.

PUMP HOUSE

A small building or structure, no more than 100 square feet in gross floor area designed to shelter or house the necessary pump(s) and equipment for pumping water for private domestic household use only.

QUARRY, SAND PIT, GRAVEL PIT AND TOPSOIL STRIPPING

A plot of land or any portion thereof used for the purpose of extracting quantities of stone, sand, gravel, clay or topsoil, as defined under New York State Environmental Conservation Law, exclusive of the process of preparing a lot prior to the construction of a building or structure thereon or of grading the site following completion of construction.

RECREATIONAL FACILITY

A publicly, quasi-publicly or privately owned and operated swimming pool, defined space, tennis court, athletic field, playground or other similar facility, operated for the general public or members of a private organization such as a country club.

RECREATIONAL VEHICLES

A vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth-wheel trailers, motor homes, park trailers, travel trailers, and truck campers.

RESTAURANT/BAR

A building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public.

RESTAURANT, DRIVE-IN

Premises constructed to cater primarily to the motoring public whether or not serving pedestrians as well as the automobile trade, and used for sale to the public of any food, beverage or other consumable and providing curb and/or inside seating service.

RIDING STABLE/BOARDING STABLE

A facility where horses are sheltered and fed for compensation by their owner or to be used for rental purposes.

RIGHT-OF-WAY

An area of land dedicated to infrastructure, including, but not limited to, streets, sewer lines, water lines, electric lines and gas lines.

SALVAGE YARD

See "junkyard/salvage yard."

SELF-STORAGE FACILITY

A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.

SETBACK

The horizontal distance from the lot line to that portion of a building or structure, or any appurtenance thereto, that is nearest to such lot line.

SHOALS AND SMALL ISLANDS

Any landmass in the St. Lawrence River or its tributary waterways with less than one acre in area above the high water mark.

SHOPPING CENTER

A group of stores, shops and similar commercial establishments occupying adjoining structures or adjoining portions of a single architectural unit that is planned, developed, owned and managed as an operating unit, together with its related loading areas, parking spaces, walkways and access roadways.

SIGN

Any kind of billboard, signboard, pennant or other shape, device or display used as an advertisement, announcement or direction. Such a device may be incorporated on a building surface, attached thereto or freestanding.

SIGN, FREESTANDING

Any sign supported by its own base(s) or hung from above in cantilever fashion from a building.

SMALL COMMERCIAL ENTERPRISE

A business intended to sell and trade retail goods, products or services to residents of the immediate community. Such enterprises shall include grocery stores, boat storage operations, small implement dealers, small manufacturing operations, restaurants, beauty parlors and barber shops and similar businesses but shall not include industrial or machine and welding shops.

SMALL MANUFACTURING OPERATION

A business intended to manufacture items for sale or trade. The operation shall occupy a building area on no more than 2,000 square feet nor employ no more than two employees.

SMALL TOWN ATMOSPHERE

The ability of a group of people, in a defined area, with varied backgrounds and social status, to coexist in harmony and with respect for their neighbor's beliefs and desires. This would include the respect for neighboring property and the owner's stewardship of it.

SMOKESTACK

Commercial- or industrial-scale smoke, exhaust or other gaseous waste chimney, associated with an incinerator, power generation plant, or other large-scale combustion source.

[Added 5-10-2017 by Amdt. No. 40]

STORAGE BUILDING, LARGE

A structure of more than 150 square feet in area.

STORAGE BUILDING, SMALL

A structure of 150 square feet or less in area that is used to house tools, implements and other material for yard and garden use.

STREET LINE

The dividing line between the street or road right-of-way and the lot. The street line shall be the same as the legal right-of-way.

STRUCTURE

Anything constructed, erected or moved onto a site, the use of which requires location on the ground, or attachment to something having location on the ground. The term includes buildings, dwelling units, swimming pools, stadiums, towers, billboards, signs, freestanding antennas and flagpoles, but is not intended to include sidewalks, driveways, curbs, fences or hedges.

STRUCTURE HEIGHT

The height of the tall structure above the average grade at the base, inclusive of instruments and wind turbine blades at their highest elevation.

[Added 5-10-2017 by Amdt. No. 40]

STRUCTURE, STATIC

Any structure with all attached instruments having no moving parts more than one meter in diameter.

[Added 5-10-2017 by Amdt. No. 40]

STRUCTURE, TALL

Any structure taller than generally permitted within a zoning district.

[Added 5-10-2017 by Amdt. No. 40]

SWIMMING POOL

Any fabricated receptacle for water, or excavation designed to contain water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above ground outside any building.

TELECOMMUNICATION FACILITY

Any commercial equipment used in connection with the provision of wireless communication services, including cellular telephone service, personal communications services, radio and television broadcast communications and private radio communications services that are regulated by federal laws. A telecommunication facility shall include towers and other structures, including supporting masts and wires, on which transmitting and/or receiving antenna(s) are located as well as antenna and accessory facilities such as transmission equipment and storage buildings.

THEATER, DRIVE-IN

An open lot or portion thereof, with its appurtenant facilities, devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

TOURIST ACCOMMODATIONS

Any permanent building or part thereof that is used or occupied for overnight accommodations of transient guests for compensation. The term includes bed-and-breakfast, tourist homes, tourist cabins, hotels, auto courts and motels but does not include camps or campgrounds.

TRAILS, MULTI-USE

Trails used for hiking, jogging, biking, skiing, walking, all-terrain vehicles, snowmobiles and other similar recreational uses and located on property dedicated to such uses and open to the public. Lot size and setbacks shall not apply to such trails.

TRUCKING TERMINAL

Any lot, building, structure or portion thereof where two or more tractor trailers or similar large trucks are parked or located for any period of time as a base of operation, regardless of whether said vehicles are serviced or maintained at the site, and regardless of whether loading, transferring or other shipping activities are carried on at the site.

USE

The specific purpose for which any land, building or structure is utilized, designed, arranged, intended or occupied.

USE, ACCESSORY

See “accessory use.”

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

USE, PERMITTED

Any use permitted under the provisions of this chapter for the district in which the land, building or structure is located.

USE, PRINCIPAL

The main, dominant or principal purpose for which any land, building or structure is used, utilized, employed or occupied.

VARIANCE

A permit for a land use otherwise forbidden by this chapter.

(1) AREA VARIANCE A permit for relief from the dimensional standards contained in this chapter.

(2) USE VARIANCE A permit to utilize property for a use or activity not allowed by this chapter.

WALL

A construction of wood, stone or other materials or combination thereof intended for security, screening, partitioning or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.

WASTE MATTER

Any refuse, rubbish, litter, garbage, decomposable or organic matter, putrescible matter, carcasses, sewage, excrement, sludge, slops, dredging spoils, hazardous liquid or substance, ashes, tin cans, plastic containers, crates, boxes or other material offensive to the public or detrimental to its health, safety, welfare and/or aesthetic values.

WATER-DEPENDENT SERVICES

Commercial and/or private uses that require access to the water.

WATERFRONT PROPERTY LINE

That line along the front yard of waterfront property determined by the official high water mark as established by International Great Lakes Datum. (See definition of "high water mark.")

WIND ENERGY CONVERSION SYSTEM (WECS)

A machine that coverts the kinetic energy in the wind into a usable form (commonly known as "wind turbine" or "windmill").

WIND ENERGY FACILITY

Any wind energy conversion system, small wind energy conversion system, or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

YARD

An unoccupied space, open to the sky, on the same lot with a building or structure.

YARD, REAR

Opposite of front yard.

YARD, SIDE

That portion of a lot between the side lot line and the nearest side building line and extending from the rear line of the front yard to the front line of the rear yard.

ZONING PERMIT

A permit issued pursuant to the regulations of this chapter to allow a specified use or the construction and/or placement of a building, structure or other facility.

§ 235-3 Establishment of zoning districts.

A. District designations. The Town of Clayton, outside of the incorporated Village of Clayton, is hereby divided into the following zoning districts:

A-IR	Agricultural and Island Residential
AR	Agricultural and Rural Residential
B	Business
CON	Conservation
H	Hamlet
ID	Industrial
MD	Marine Development
MD2	Marine Development 2
MR	Marine Residential
R-1	Residential
SPO	Scenic Protection Overlay District[1]
CRCWRA	Chaumont River Corridor Waterfront Revitalization Area [Added 5-10-2017 by Amdt. No. 40]
PDD	Planned Development District [Added 4-14-2021 by L.L. No. 2-2021]
NDD	Neighborhood Development District [Added 4-14-2021 by L.L. No. 2-2021]

(1) A-IR Agricultural and Island Residential.

(a) Purpose. To provide a low-density mix of agricultural, residential uses consistent with rural open space and characteristics which are both appropriate to and compatible with the maximum protection of the aesthetic and environmental quality of the St. Lawrence River and its tributary waters.

(b) The boundary of the Agricultural and Island Development district is designated as follows: the district boundary is all that land that is 400 feet inland of the high water mark surrounding Grindstone Island, and the district shall encompass all of the land to the interior of the district boundary as depicted on the most current Zoning Map on file at the Town Clerk's office. The Zoning Map, as filed in the Town Clerk's office, shall be amended and redated to reflect the boundaries of the Agricultural and Island Residential district.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) AR Agricultural and Rural Residential.

(a) Purpose. To provide a low-density mix of agricultural and rural residential uses with compatible accessory uses so as to afford maximum preservation of rural open space and characteristics.

(3) B Business.

(a) Purpose. To provide a safe and efficient setting for business and commercial uses that minimizes conflict with residential areas.

(4) CON Conservation.

(a) Purpose. To provide for the appropriate use of environmentally sensitive and/or scenic lands, and the preservation of natural surroundings.

(5) H Hamlet.

(a) Purpose. To provide for a compatible mix of residential and commercial uses in a rural population center with greater-than-rural density.

(6) ID Industrial.

(a) Purpose. To provide a safe and efficient setting for those industrial activities and other uses that are compatible with the nature of the Town.

(7) MD Marine Development.

(a) Purpose. To provide for the development of marine-dependent and commercially related uses in an ecologically sound manner, so as to afford maximum protection for the aesthetic and environmental quality of the St. Lawrence River and its tributary waters.

(8) MD2 Marine Development 2.

(a) Purpose. To provide a multi-use district for the development of water-dependent, commercially related uses, marine manufacturing and other business opportunities in an ecologically sound manner, so as to afford maximum protection for the waterfront setting and environmental quality of the St. Lawrence River and its tributary waters.

(b) The Marine Development 2 District (MD2) is hereby established as a floating district. Although there are many potentially adequate sites within the Town of Clayton for the uses permitted within the MD2, it is not feasible to select or limit the use to a few arbitrary spots, and there are currently no centers within the Town where these uses are concentrated. It is intended that the uses permitted in the MD2 not conflict with existing uses of land. Therefore, in order to land the MD2, an amendment to this chapter is required, subject to the following procedural requirements.

(c) Procedural requirements. The MD2 District may be landed and located by amendment to this chapter and the Zoning Map[2] following the procedure contained in § 235-17 of this chapter either upon motion of the Town Board or upon application of a landowner or his designee. In addition to the requirements for amending the this chapter contained in § 235-17, the following criteria shall be considered:

[1] The zone change shall be for a minimum of five acres.

[2] The proposed uses within the MD2 shall not cause undue interference or nuisance that may be detrimental to adjacent uses.

[3] The Town Board and the Planning Board shall use the site plan objectives as outlined in this chapter as criteria for reviewing the proposed location of an MD2 District.

[4] The establishment of an MD2 District and location thereof shall be consistent with the Town of Clayton Comprehensive Plan.

[2] Editor's Note: The Zoning Map is on file in the Town Clerk's office.

(9) MR Marine Residential.

(a) Purpose. To provide for residential development, both seasonal and year-round, in a water-related setting, including certain limited marine uses, which are both appropriate to and compatible with the maximum protection of the aesthetic and environmental quality of the St. Lawrence River and its tributary waters.

(10) R-1 Residential.

(a) Purpose. To provide a single-family residential district of moderate density with limited accessory uses.

(11) SPO Scenic Protection Overlay District.

(a) Findings and purpose. Special protection of scenic road corridors is necessary to preserve the attractive rural and historic quality of the Town. The purpose of this section is to regulate land uses within designated scenic corridors to protect the Town's scenic beauty and rural character. This section is intended to apply to those road corridors that are visible to the public and that substantially retain their scenic character.

(b) Boundaries. The SPO District includes land lying within 800 feet of the center line of New York State Routes 12 and 12E within the Waterfront Revitalization Area boundary.

(12) CRCWRA Chaumont River Corridor Waterfront Revitalization Area.

[Added 5-10-2017 by Amdt. No. 40[3]]

(a) Purpose. To define a special interest zoning area within the Town of Clayton described as part of the Chaumont River Corridor Waterfront Revitalization Strategy where zoning-related objectives of that plan can be focused.

(b) Boundaries. The northern boundary starts at the western Town boundary at Old Town Springs Road, the length of Old Town Springs Road, south along State Route 12 to County Route 11, and the length of County Route 11 to the eastern Town boundary. The southern boundary starts at the western Town boundary at County Route 179, the length of County Route 179, the southern edge of the Hamlet zoning district inclusive of Depauville, and the length of County Route 12 to the eastern Town boundary.

[3] Editor's Note: This Amdt. No. 40 also repealed the subsection for WEFOD Wind Energy Facility Overlay District in original Art. III, Section A.

[1] Editor's Note: WEFOD Wind Energy Facility Overlay District, which immediately followed this district, was removed from this table of districts 5-10-2017 by Amdt. No. 40.

B. Zoning Map.

(1) The boundaries of the above-named zoning districts are depicted on the most current Zoning Map on file at the Town Clerk’s office, which is hereby made a part of this chapter and hereinafter referred to as "Zoning Map."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Any changes in district boundaries or other matter shown on the Zoning Map shall be made promptly on said map, accompanied by a statement describing the nature and date of the change.

C. Interpretation of district boundaries.

(1) Where uncertainty exists with respect to the exact boundaries of districts as shown on the Zoning Map, the final decision shall be made by the Joint Zoning Board of Appeals, in accordance with the following rules:

(a) Boundaries shown as approximately following the center line of streets or highways shall be construed to follow such center lines.

(b) Boundaries shown as approximately following lot lines shall be construed to follow such lot lines.

(c) Boundaries shown as following the shoreline of the St. Lawrence River and its tributaries shall be construed to follow such shoreline at the high water mark.

(d) Boundaries shown as following the shorelines of other streams, lakes and waterways shall be construed to follow such shorelines and to move with changes in the actual shorelines.

(e) Boundaries indicated in Subsection C(1)(a) through (d) above shall be construed as parallel to, or extensions of, such features.

(f) Distances not specifically set forth on the Zoning Map shall be determined by the scale of the map.

D. Lots in two districts.

(1) Where a district boundary line or lines divide(s) a lot existing at the time of the enactment of this provision, the regulations pertaining to each district will govern the use of land within that district. Zoning districts shall be deemed to rank as follows from the most restrictive to least restrictive.

(a) Chaumont River Corridor Waterfront Revitalization Area (CRCWRA).

[Added 5-10-2017 by Amdt. No. 40[4]]

[4] Editor's Note: This Amdt. No. 40 also repealed the entry for Wind Energy Facility Overlay District (WEFOD) from original Art. III, Section D.

(b) Conservation (CON).

(c) Residential (R-1).

(d) Marine Residential (MR).

(e) Marine Development (MD).

(f) Marine Development 2 (MD2).

(g) Hamlet (H).

(h) Agricultural and Island Residential (A-IR).

(i) Agricultural and Rural Residential (AR).

(j) Business (B).

(k) Industrial (ID).

(2) Nothing in this provision, however, shall be deemed to preclude a property owner from subdividing his/her property along the aforesaid district line(s) to retain each lot in the designated district, provided that each of the lots thus created shall comply with all other provisions of this chapter.

E. Limited exemption for filed subdivisions.

(1) If the plat of a residential subdivision containing one or more new streets has been duly filed in the Jefferson County Clerk's Office prior to the adoption of this chapter, the lots of the subdivision may be developed with the lots and yards delineated on the plat, and any provisions of this chapter requiring larger lots or yards shall not apply to the subdivision for a period of one year from the date of such filing.

(2) The provisions of Subsection E(1) above shall also apply to any amendment of this chapter.

§ 235-4 Applicability.

A. Except as hereinafter provided, no land, building, structure or part thereof shall hereafter be used or occupied and no building, structure or part thereof shall be erected, moved, altered or extended (to expand its exterior dimensions) unless in conformity with the regulations herein specified for the district in which it is located.

B. With respect to the requirements of this chapter for the district in which it is located, no building shall hereafter be erected or altered:

(1) To exceed the maximum height requirements;

(2) To accommodate or house a greater number of families;

(3) To occupy a greater percentage of lot area; or

(4) To have a narrower or smaller rear yard, front yard, or side yard than is specified in this chapter.

C. No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.

D. This chapter shall not apply to existing buildings and structures, nor to the existing use of any building, structure or land to the extent to which it was legally used at the time of the original enactment of this chapter. This chapter shall apply to any change in use, alterations, extensions or movement to a building or structure, and to any change in use of building or structure, and to any change in use of land subsequent to the enactment of this chapter.

§ 235-5 District regulations.

A. Schedule A, Use Restrictions, is included as an attachment to this chapter.

B. Schedule B, Dimensional Requirements, is included as an attachment to this chapter.

§ 235-6 General criteria for special permit uses.

A. Following is a list of general criteria that shall be met for all special permit uses listed in Schedule A, Use Restrictions, and all special regulation uses set forth in § 235-7, in order to obtain approval by the Joint Planning Board.

(1) The proposed special use shall not conflict, by virtue of its character, with uses in the district.

(2) The proposed special use shall not cause undue noise, vibration, odors, traffic, lighting glare, interference with radio and television reception, or unsightliness so as to have a detrimental impact on adjacent and nearby properties.

(3) Where such special use conflicts environmentally, visually and/or aesthetically with neighboring properties, the Joint Planning Board shall have the authority to require screening and/or buffering of sufficient height and density (i.e., planting, hedges, tree rows, ornamental fencing, etc.) to lessen or eliminate the impact of the conflict.

(4) The proposed use shall meet all off-street parking and loading requirements set forth in § 235-7 for similar uses.

(5) Appropriate on-site drainage shall be required to eliminate or to minimize any potential surface water runoff problems. The drainage system shall not produce any detrimental effect on adjacent properties or on the environment.

(6) All proposed uses shall comply with the sanitary waste provisions of the New York State Health Department.

(7) All proposed uses shall comply with the sign requirements of this chapter.

(8) Traffic access to and from the site, as well as on-site circulation shall be designed and constructed so as to minimize traffic hazards.

(9) All sites shall be appropriately landscaped and regularly maintained.

B. Where acceptable standards must be established for any special permit uses, the Joint Planning Board shall have the authority to establish, on a case-by-case basis, those rules, provided that they be reasonable and proper within the intent and meaning of this chapter.

§ 235-7 Special regulations.

A. Agricultural processing plants.

(1) All facilities for receiving, processing and/or packaging agricultural products in connection with an agricultural processing plant shall be located at least 1,000 feet from any residential lot line.

[Amended 8-10-2016 by Amdt. No. 38]

(2) All wastes and remnants shall be disposed of in an environmentally safe manner that does not pollute the land, air or water, in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

(3) No noise, noxious odor, dust or unsightly appearance shall be permitted to affect any nearby or adjacent property.

B. Airstrips, landing fields and heliports.

(1) The minimum area for each airstrip, landing field and heliport shall be determined by the Joint Planning Board in the course of its site plan review.

(2) There shall be adequate undeveloped takeoff and landing approach area to meet all Federal Aviation Administration (FAA) airport development standards. Visibility for takeoff and approach patterns shall not be inhibited by topography, vegetation or development.

C. Animal care facility.

(1) All building, structures and accessory uses involved in the treatment, care and housing of animals shall be located no closer to any street, road, or other front property line than 50 feet. Additional separation from property lines may be required by the Joint Planning Board to comply with Subsection C(3), below.

(2) All wastes and remnants shall be disposed of in an environmentally safe manner that does not pollute the land, air or water, in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

(3) No noise, noxious odor, waste or unsightly appearance shall be permitted to affect any nearby or adjacent property.

(4) Adequate off-street parking shall be provided in accordance with Subsection BB, Off-street parking, of this section.

D. Automobile service stations and repair garages.

(1) All motor vehicle service stations and repair garages shall be so designed and all gasoline/diesel fuel pumps shall be so located as to require all servicing and/or repairing on the premises to be no closer to any street or road or front property line than 30 feet, and no closer to any other property line than 50 feet, and no gasoline/diesel fuel pump shall be located closer to any other property line than 75 feet.

(2) No inoperative motor vehicle(s), or motor vehicles(s) awaiting repairs shall be kept on the premises for longer than two weeks unless enclosed within a structure.

(3) All servicing materials, waste material, used or discarded parts and tires shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.

(4) Entrance and exit driveways shall be located at least 15 feet from any side or rear property line.

(5) All automobile service stations and repair garages shall be screened and/or buffered from all adjacent properties, side and rear, by appropriate plantings and/or aesthetically designed fencing.

E. Barns and other structures housing livestock and/or poultry. No barn or similar agricultural structure for housing livestock and/or poultry shall be located within 50 feet of any property line, front, side or rear.

F. Boathouse, multiple use. Multiple use boathouses may only be permitted as an accessory use to the principal use residence.

G. Bunkhouse.

(1) Must be accessory to the principal use of a residential structure.

(2) The structure can be no larger than 500 square feet in total size.

(3) The structure and septic system must conform to the New York State Fire Prevention and Building Code and the New York State Department of Health.

(4) The square footage of the parcel of the principal use can be no smaller than the lot of record for that district.

(5) There will be no more than one bunkhouse per parcel.

H. Building supply sales and storage yards.

(1) There shall be at least 50 feet of vacant buffer zone between the operating area of any building supply yard and its closest property line.

(2) When within 200 feet of any residential structure, said operations shall be screened and/or buffered by plantings, hedges and/or fences so as not to be visible from off the premises. Said screening and/or buffering shall be installed in conformity with reasonable standards established by the Joint Planning Board.

(3) Operations of the yard shall not cause undue noise, traffic, odors or lighting glare that are detrimental to the neighborhood.

(4) All lots where materials and products are stored shall be constructed to all-weather standards (i.e., gravel base and gravel or paved surface).

(5) Off-street parking facilities shall be provided in accordance with the terms of Subsection BB, Off-street parking, of this section and other relevant provisions of this chapter.

I. Community facilities.

(1) The buildings and structures used to provide service for the general population shall be in keeping with the character of the neighborhood.

(2) Sufficient parking spaces shall be provided in accordance with the off-street parking provisions of Subsection BB, Off-street parking, of this section and other relevant provisions of this chapter.

(3) Adequate screening and/or buffering shall be installed to prevent any objectionable noise, dust, odors, lighting glare or other conditions affecting nearby properties.

J. Cottage colonies (commercial) and cottages for rental. Any cottage colony or any aggregation of two or more cottages for a commercial rental shall be subject to the following regulations:

(1) The minimum land area for a cottage colony shall be five acres. Each cottage shall possess a minimum of 600 square feet of living space and shall occupy a site of no less than 5,000 square feet, and be situated no closer to any property line, road or street right-of-way, or adjacent structure than 35 feet. No cottage shall be located closer than 25 feet to any adjacent cottage.

(2) All sanitary facilities, including the water supply and waste disposal systems, shall receive the written approval of the New York State Health Department or other appropriate agency.

K. Drive-in outdoor theaters.

(1) Any drive-in outdoor theater shall be located on a plot of at least 10 acres.

(2) Any drive-in outdoor theater shall be so designed, buffered and screened that sound, noise and lighting glare shall not affect nearby and adjacent property owners and so that no portion of the projected motion picture shall be visible from off the premises and no portion of the soundtrack shall be audible from off the premises.

(3) Any facilities for the sale of foodstuffs and/or snacks shall be maintained and operated in accordance with the standards and requirements of the New York State Department of Health.

(4) All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

L. Drive-in restaurants and food take-out facilities.

(1) Drive-in restaurants and food take-out facilities, whether separate from, related to, or part of any sit-down restaurant, shall be permitted only in Agricultural and Rural Residential (AR), Hamlet (H), or Business (B) Districts and only following site plan review and approval by the Joint Planning Board.

(2) In determining whether to grant such approval, the Joint Planning Board shall give substantial weight to the following factors:

(a) Suitability of the use to the general neighborhood and adjacent properties.

(b) Any adverse effect upon public safety, particularly as related to possible traffic and pedestrian hazards.

(c) Any adverse effect on public health, such as vermin and litter.

(d) Any public nuisance arising from the proposed use.

(3) Any drive-in restaurant and/or food take-out facility shall be so designed, buffered and screened that noise, odors, litter, dust or lighting glare shall not affect adjacent and nearby properties.

(4) Such facilities shall be designed, built, maintained and operated in accordance with the standards of the New York State Department of Health.

(5) All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

(6) Off-street parking facilities shall be provided in accordance with the requirements of Subsection BB, Off-street parking, of this section.

(7) All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP, Signs, of this section.

(8) If located in a Business (B) District or Hamlet (H) District, all buildings, structures and accessory uses involved in the operation of a drive-in restaurant or food take-out facility shall be located no closer to any street, road or other front property line than 50 feet, and no closer than 100 feet from any other property line. If located in an Agricultural and Rural Residential (AR) District, the setback requirements shall be 100 feet from all property lines.

M. Driveways and private entrances.

(1) No driveway or private entrance providing access to a state, county or Town road, street or highway shall be located or constructed without the prior approval of the New York State Department of Transportation, the Jefferson County Highway Department or the Town Highway Superintendent, as appropriate.

(2) No driveway or private entrance shall enter a state, county or Town road, street or highway within 50 feet of any street corner or road intersection.

(3) Any driveway or private entrance shall be set back at least five feet from the sidelines of the property.

N. Fences, walls and shrubbery. Fences, walls and shrubbery shall be permitted in all districts provided that they meet the following requirements:

(1) Any retaining wall shall be the minimum height necessary to accomplish its purpose.

(2) Fences, walls and shrubbery along all front property lines and alongside property lines as far from the front as the setback, specified for the district in which located, shall not exceed 4 1/2 feet in height from original grade. From said setback, fences, walls and shrubbery around the remaining perimeter of side and rear yards shall not exceed six feet in height from original grade, except where otherwise required by specific provisions of this section.

(3) Fences, walls and shrubbery shall be so constructed and maintained that they do not constitute a safety hazard and so that they are not visually or aesthetically detrimental to the neighborhood. There must be a clear line of sight at all intersections. The use of barbed wire and/or electrically charged fences shall be restricted to agricultural uses only.

(4) In districts where the front is the river, fences, walls and shrubbery along all rear and side property lines as far from the rear as the setback specified for the district where located, shall not exceed 4 1/2 feet in height from the ground.

O. Flea markets.

(1) Flea markets shall be permitted only in Agricultural and Rural Residential (AR) and Business (B) Districts and only following site plan review and approval by the Joint Planning Board.

(2) In determining whether to grant such approval, the Joint Planning Board shall give substantial weight to the following factors:

(a) Suitability of the use to the general neighborhood and adjacent properties.

(b) Any adverse effect upon public safety, particularly as related to possible traffic and pedestrian hazards.

(c) Any adverse effect on public health, such as vermin and litter.

(d) Any public nuisance arising from the proposed use.

(e) Any adverse effect upon the aesthetics or scenic environment of the area.

(3) Any flea market facility shall be so designed, buffered and screened so that noise, odors, litter, dust or lighting glare shall not affect adjacent or nearby properties.

(4) All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

(5) Off-street parking facilities shall be provided in accordance with the requirements of Subsection BB, Off-street parking, of this section.

(6) All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP, Signs, of this section.

(7) If located in a Business (B) District, all buildings, structures, and accessory uses involved in the operation of a flea market shall be located no closer to any property line than 50 feet. If located in an Agricultural and Rural Residential (AR) District, the setback requirements shall be 50 feet from the front property line and 100 feet from all other property lines.

P. Flood zones. Floodplain development permits are required for any and all construction within those areas of the Town designated as areas of special flood hazard by the Federal Insurance Administration on its Flood Insurance Rate Map (FIRM). Construction shall be carried out in accordance with the relevant provisions of L.L. No. 1 of 1987 of the Town of Clayton.[1]

[1] Editor's Note: See Ch. 137, Flood Damage Prevention.

Q. Home occupations. Home occupation uses shall be permitted after the issuance of a zoning permit in Marine Residential (MR), Marine Development (MD), Marine Development 2 (MD2), Agricultural and Rural Residential (AR), Agricultural and Island Residential (A-IR) and Hamlet (H) Districts provided that they shall be clearly incidental to the residential use of the dwelling and that they meet the following criteria:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) The home occupation shall be carried on by a member of the family residing therein.

(2) The use shall be conducted entirely within the dwelling and/or it appurtenant structures.

(3) One identification sign, not to exceed two square feet, shall be permitted as specified in Subsection PP, Signs, of this section, and other relevant provisions of this chapter.

(4) Off-street parking shall be provided as specified in Subsection BB, Off-street parking, of this section, and other relevant provisions of this chapter.

(5) Operations of the home occupation shall not cause undue noise, traffic, odors or lighting glare that are detrimental to the neighborhood.

(6) Permitted home occupations:

(a) Dressmaker, milliner or seamstress.

(b) Upholster.

(c) Musical instrument or voice instructor.

(d) Painting, sculpturing or writing.

(e) Telephone answering.

(f) Home crafts, such as model making, rug weaving, lapidary work and wood crafting.

(g) Home cooking and preserving.

(h) Computer programming.

(i) Bed-and-breakfast.

(j) Beauty shops.

(7) Prohibited as home occupations:

(a) Animal hospital.

(b) Private clubs.

(c) Restaurants.

(d) Kennels.

(e) Motel/hotel.

(8) Unlisted home occupations. Any proposed home occupation that is neither specifically permitted or specifically prohibited may be permitted after obtaining a special use permit.

(9) Notwithstanding any provision of this section, no home occupation will be permitted if it employs more than one nonresident of the dwelling.

R. Junkyards.

(1) All junkyards shall be licensed and operated in accordance with the provisions of Chapter 152, Junkyards, of the Code of the Town of Clayton.

(2) The outer limits of the area used as a junkyard, including any fencing or building, shall be located at least 100 feet from any residential, commercial or institutional structure, and at least 50 feet from any public road or highway right-of-way.

(3) All junkyards shall be enclosed by a solid fence that will totally screen the premises, except that not more than two openings no wider than 15 feet each shall be permitted for access. Each such opening shall be provided with a solid gate, which shall be kept closed at all times when not in use, and locked at all times when the premises is not open for business.

(4) The premises shall be kept free at all times from rodents, vermin and obnoxious odors. No burning of any materials shall be permitted at any time.

(5) All motor vehicles of any description and parts thereof and/or tires stored or deposited by the operator shall be kept within the enclosure of the junkyard except as necessary for transportation or removal in the ordinary course of business. All wrecking, salvaging and/or repairing shall be accomplished within the enclosure.

(6) Storage of one or more cast-off, inoperable or abandoned motor vehicles of any description or parts thereof on the open grounds outside of enclosed structures, or approved enclosures, shall be deemed to be a use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of one month.

(7) Storage of one or more cast-off, inoperable or abandoned farm tractors or farm implements of any variety or parts thereof, on the open grounds outside of enclosed structures, or approved enclosures visible from off the premises, shall be deemed to be use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of six months.

(8) Storage of one or more cast-off, inoperable or abandoned boats, motors or parts thereof, on the open grounds outside of enclosed structures, or approved enclosures, shall be deemed to be use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of one year.

(9) Storage of any scrap metal, metal parts or inoperable contractor's equipment on the open grounds outside of enclosed structures, or approved enclosures, shall be deemed to be use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of one month.

S. Landfills and dumps.

(1) Dumping of rubbish and other waste shall be permitted only on land officially designated for the purpose under such conditions as the Joint Planning Board may impose in the interest of public health, safety and welfare.

(2) All landfill sites shall be approved by the New York State Department of Environmental Conservation as being in compliance with 6 NYCRR Part 360, Solid Waste Management Facilities.

T. Loading platforms and facilities.

(1) In connection with every building or building group or part thereof having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing or commercial enterprises or other uses similarly requiring the receipt or distribution of material or merchandise by motor vehicles, trucks and/or tractor trailers, there shall be provided and maintained, on the same lot with such building, a minimum number of off-street loading berths as follows:

4,000 to 25,000 square feet	1 berth
25,001 to 40,000 square feet	2 berths
40,001 to 60,000 square feet	3 berths
For each additional 50,000 square feet	1 berth

(2) The loading berth required in each instance shall be not less than 12 feet in width, 25 feet in length, and 14 feet in height, and may occupy all or any part of the required yard. Such space may also be a part of the required parking area.

U. Machine and welding shops. Machine and welding shops shall be permitted only in Agricultural and Rural Residential (AR), Business (B), Hamlet (H) and Industrial (ID) Districts and only following site plan review and approval by the Joint Planning Board where required. The following requirements shall apply:

(1) All operations of the machine and/or welding shop shall be conducted within an enclosed building or structure.

(2) Except for brief periods incident to receipt or shipment, all parts, materials, scrap metal, implements and/or vehicles to be repaired shall be stored within a fenced enclosure so as not to be visible from off the site.

(3) No building, structure or enclosure shall be located closer than 100 feet to any rear or side property line and no closer than 50 feet to any street or road right-of-way, and no closer than 500 feet to any residential structure.

(4) Operations of the shop shall not cause any undue noise, traffic, vibration, odors or lighting glare that are detrimental to the neighborhood.

(5) Off-street parking shall be provided as specified in Subsection BB, Off-street parking, of this section, and other relevant provisions of this chapter.

V. Marinas. Marinas shall be permitted only in Marine Development (MD) and Marine Development 2 (MD2) Districts and only following site plan review and approval by the Joint Planning Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) All marinas shall be so designed and constructed that:

(a) No dock shall be located closer than 25 feet to any side property lines.

(b) No repair or servicing building shall be located closer than 50 feet to any side or rear property line.

(c) No gasoline/diesel fuel pump shall be located closer than 75 feet to any side or rear property line.

(d) No sanitary pump-out tank or facility shall be located closer than 75 feet to any side or rear property line.

(e) In interpreting the above setback requirements; that line adjoining the St. Lawrence River or any tributary waterway shall be deemed to be the front property line.

(2) All servicing materials, waste materials and used or discarded parts shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.

(3) All fuel tanks shall be installed and maintained in conformity with the standards of the Uniform Fire Prevention and Building Code and shall conform to all state and federal requirements of the New York State Department of Environmental Conservation, the Environmental Protection Agency and other appropriate agencies, and all relevant provisions of this chapter. All such fuel tanks shall be so maintained and operated that no fuel spillage is allowed to enter the water.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4) All pump-out tanks and other facilities for the disposal of waste and sewage shall be designed, constructed and maintained in conformity with the requirements of the New York State Departments of Health and Environmental Conservation and the relevant provisions of this chapter. No such pump-out tank shall at any time be drained, emptied or allowed to overflow into the waters of the St. Lawrence River or any tributary waterway.

(5) All marinas shall be screened and/or buffered from all adjacent properties, side and rear, so that no noise, odors, dust or lighting glare affects those properties.

W. Mobile homes (individual).

(1) Individual mobile homes on lots meeting the dimensional requirements of § 235-5, Schedule B, shall be permitted in Agricultural and Rural Residential (AR) Districts provided they are in conformity with all relevant provisions of this chapter.

(2) Size. Any mobile home installed on an individual lot or site shall contain no less than 480 square feet.

(3) Construction standards.

(a) Mobile homes shall comply with all federal home construction standards (24 CFR 3280 and 3282) and the provisions of the New York State Uniform Fire Prevention Code, including any revisions or additions thereto. In the event that the said federal and state standards should conflict with any provisions of this chapter, the higher standard or more restrictive provision shall apply.

(b) Each mobile home shall bear a plate, affixed by the manufacturer, certifying compliance with the federal standards in effect at time of manufacture.

(4) Installation.

(a) Each mobile home shall be sited and installed in compliance with the New York State Uniform Fire Prevention and Building Code.

(b) Each single-wide mobile home shall be provided with a base of either twelve-inch compacted gravel or six-inch concrete; double-wide mobile homes must have a six-inch concrete base. The base shall have a minimum width and length of the mobile home and any extension(s) thereof. Such base shall be graded to provide adequate drainage.

(c) Each mobile home shall be anchored to no less than six tie-down points. The anchoring devices and the tie-downs shall be sufficient to hold 4,800 pounds in place.

(5) Mobile home sites.

(a) A lot on which a mobile home is sited shall conform to the area and setback (front, side and rear) requirements set forth in § 235-5, Schedule B, for the zoning district in which the mobile home is located.

(b) A mobile home may be allowed as a temporary residence during reconstruction of a permanent residence upon the issuance of a special permit for a six-month period by the Zoning Enforcement Officer.

(c) A mobile home utilized as a tenant or farm worker residence will be permitted, provided that it is located on an area of land meeting the dimensional requirements set forth in § 235-5, Schedule B, as well as all other provisions of this chapter, as if it were a separate lot. The mobile home shall be sited no closer than 50 feet from the farm house or any other structure.

(6) Additions and accessories. The following additions and accessories to mobile homes shall be permitted:

(a) Structures permitted as accessory uses in § 235-5, Schedule A, in Agricultural and Rural Residential (AR) Districts.

(b) All mobile homes and all additions and/or accessories thereto shall be skirted with weather-resistant material within 45 days of installation.

(c) All additions and accessories shall conform to all setback requirements (front, side and rear) of the zoning district in which the mobile home is located.

(7) Sanitary facilities.

(a) Water. An adequate supply of potable water shall be required for each mobile home and shall be approved by the appropriate health authorities.

(b) Sewage. An adequate and approved system for disposing of wastes shall be required for each mobile home. Such system shall be designed, constructed and maintained in accordance with the standard and regulations of the New York State Department of Health.

(8) Replacement.

(a) Nothing in this chapter shall be deemed to prevent the replacement of an existing mobile home, located on a conforming use lot, with a mobile home of similar dimensions and provided that the new mobile home complies with all other requirements of this chapter.

(b) Replacement of existing mobile homes which are year-round primary residences and are nonconforming structures and/or uses in the zoning district in which they are located, will be permitted upon issuance of a special use permit and provided that the new mobile home is of similar or greater dimensions and complies with all other requirements of this chapter.

X. Mobile home parks.

(1) Mobile home parks on sites conforming to this section shall be permitted in Agricultural and Rural Residential Districts only after site plan review, in accordance with § 235-13 of this chapter, and the issuance of a license, in keeping with the provisions of this section.

(2) Site requirements.

(a) A mobile home park shall have an area of not less than 10 acres and shall be developed with the least possible disturbance of existing natural amenities or features of the area.

(b) A mobile home park shall be located on a well-drained site with frontage on a public road or highway.

(c) The entrance(s) of a mobile home park shall have an entrance road(s) at least 25 feet wide on a right-of-way of not less than 50 feet in width. Parks with less than 20 mobile home sites shall have at least one common entrance and parks with 20 or more sites shall have at least two independent entrances not less than 150 feet from each other.

(d) No mobile home, office or accessory building shall be located closer than 50 feet to any public street, road or highway right-of-way nor closer than 50 feet to any other property line and at least 100 feet from a residential structure on an adjacent property.

(e) The mobile home park shall be divided and marked off into mobile home sites. The sites shall be numbered consecutively, the assigned number to be posted in each site and appear on a drawing of the mobile home park.

(f) The total number of mobile home sites shall not exceed five per acre. Individual mobile home sites shall have an area of not less than 7,500 square feet with a minimum width of 75 feet and a minimum depth of 100 feet. No mobile home shall be closer than 50 feet to any other adjacent mobile home.

(g) Each mobile home shall have:

[1] At least two off-street parking spaces as specified in Subsection BB of this section; and

[2] A weatherproof electrical service and outlets of a type approved by the New York State Underwriters.

(h) If campsites are contained within a mobile home park, they shall be located in a separate area of the park.

(i) Mobile home parks which accommodate 25 or more mobile homes shall provide at least one recreational area consisting of at least 10% of the gross park area.

(3) Individual mobile home requirements.

(a) Individual mobile home units located in parks shall be subject to the same standards and requirements set forth for individual mobile homes in § 235-7W(3), (4) and (6)(b) of this chapter.

(b) Both zoning and building permits shall be required whenever a mobile home is sited either initially or as a replacement for a mobile home removed from the mobile home park.

(4) Sanitary facilities. A mobile home park shall conform to the New York State Sanitary Code, Chapter 1, §§ 7.60 and 7.70[2] and to the following additional requirements:

(a) Water supply and sewage disposal. An adequate supply of potable water and a waste disposal system shall be provided to each mobile home site. Plans for the proposed water supply and sewage disposal systems must receive written approval from the New York State Departments of Health and Environmental Conservation or other state-authorized agencies.

(b) Refuse disposal. All refuse shall be gathered and stored in screened or covered receptacles and disposed of in a manner acceptable to the Town, New York Departments of Health and Environmental Conservation or other state-authorized agencies.

[2] Editor's Note: Said § 7.60 was repealed on 6-29-1978, effective 9-1-1978; said § 7.70 was renumbered to § 7-1.50, then repealed on 1-5-1984, effective 3-1-1984.

(5) Buffer planting and screening.

(a) Suitable buffer planting and/or screening shall be placed along all property lines.

(b) Suitable plantings of ornamental shrubs and/or shade trees shall be placed throughout the entire area of the park.

(6) Registration records. Each park shall keep and maintain a permanent record of the name and address of each occupant.

(7) Inspection.

(a) Before the park is occupied and/or commences operation, the premises shall be subject to inspections by the Town Zoning Enforcement Officer and the Building Inspector/Town-authorized agent, resulting in the issuance of certificates of compliance.

(b) The Town Board or its duly authorized agent shall have the authority to enter and inspect for health, sanitation and all other compliance purposes any facility licensed hereunder at any reasonable time.

(8) Licenses for mobile home parks.

(a) It shall be unlawful for any person or persons, partnership, proprietorship or corporation to operate a mobile home park in the Town of Clayton, exclusive of the Village of Clayton, without first securing a license in accordance with the provisions of this chapter.

(b) The application for an annual license or renewal thereof shall be filed with the Town Zoning Enforcement Officer. Each license or renewal thereof shall expire on the 31st day of December following issuance thereof.

(c) The fee for the annual license shall be established by the Town Board.

(d) Any applicant for a license allowing the operation of a mobile home park shall provide and/or agree to the following:

[1] Names and addresses of the owner(s) and/or operator(s).

[2] Total number of mobile home sites.

[3] Drawing of mobile home park showing:

[a] Boundaries of entire park.

[b] Location of park roads, entrances and exits.

[c] Location of mobile home sites with assigned numbers.

[d] Location of utility lines.

[e] Location of perimeter fences and/or plantings.

[f] Location and number of community sanitary conveniences.

[g] Location and identification of all accessory buildings.

[4] Park roads: type of surface, width and posted speed limits.

[5] Arrangement for storage, collection and disposal of trash.

[6] Water source, method of purification and testing.

[7] Shall agree and state that he/she, as owner and/or operator will be responsible for proper maintenance and upkeep of the park.

[8] Shall agree and state that he/she will abide by all the terms and conditions of this chapter.

[9] Shall agree and state that he/she will ensure that all tenants of the mobile home park will similarly abide by all the terms and conditions of this chapter.

(9) Transfer of ownership. If any existing mobile home park shall subsequently undergo any change in or transfer of ownership, the new owner(s) must, within 30 days, file an application for a license in his/her/their own name(s) and supply all information as would be required for the initial licensing of the mobile home park.

(10) Revocation or suspension of license. If, upon inspection, it is determined that the licensee has violated any provisions of this chapter, the Town Board and/or Town-authorized agent shall have the power to revoke or suspend such license and to order the mobile homes removed and the park closed. Such closure shall be ordered only upon written notice to the owner(s) and/or operator(s) who shall have not more than 14 days in which to respond.

Y. Modular homes.

(1) Individual modular homes on lots conforming to § 235-5, Schedule B, shall be permitted in Marine Development (MD), Marine Development 2 (MD2), Agricultural and Rural Residential (AR), Agricultural and Island Residential (A-IR), Residential (R-1), Hamlet (H) and Marine Residential (MR) Districts, provided they are in conformity with relevant provisions of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Minimum size requirements. Any modular home on an individual lot shall contain no less than 600 square feet of living space, and shall be no less than 20 feet in width.

(3) Construction standards.

(a) Modular homes shall comply with all federal construction standards and the provisions of the New York State Uniform Fire Prevention and Building Code. In the event that the said federal and state standards should conflict with any of the provisions of this chapter, the higher standard or more restrictive provision shall apply.

(b) Each modular home shall be firmly and permanently anchored to a suitable concrete slab and/or underground foundation.

(4) Modular home installation.

(a) Each modular home shall be located and installed in compliance with the New York State Uniform Fire Prevention and Building Code.

(b) A modular home lot shall conform to the area, setback and side yard requirements for a single-family dwelling in the zoning district in which it is located.

Z. Motels, hotels and resorts.

(1) Motels, hotels and resorts shall be permitted in Business (B) Districts; they shall be permitted in Agricultural and Rural Residential (AR), Hamlet (H), Marine Development (MD) and Marine Development 2 (MD2) Districts only following site plan review and approval by the Joint Planning Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Area requirements. The minimum land area for any motel, hotel or resort shall be 50,000 square feet. The minimum width of the lot at the front property line shall be 200 feet.

(3) Setback requirements. No structure or portion thereof shall be closer to any street or road right-of-way than 50 feet, nor closer than 75 feet to any rear property line, nor closer than 50 feet to any side property line.

(4) Rental units.

(a) Each rental unit shall have a minimum of 150 square feet of living space, exclusive of bathroom facilities.

(b) Each rental unit shall have a minimum of one bedroom and a bathroom with flush toilet and bath or shower.

(c) Each rental unit shall be supplied with hot and cold running water.

(5) Sanitary facilities. All sanitary facilities, including the water supply system and the waste disposal system must receive written approval from the New York State Department of Health or other approved agency, and must be in conformity with other relevant provisions of this chapter.

(6) Open space. A minimum of 25% of the site shall be retained as open space. Parking areas, interior roadways and vehicular access facilities shall not be considered in calculating open space.

(7) Drainage. Drainage for the site, for the public roadside, for the interior roadways, walkways and parking areas shall be so designed and constructed as to handle maximum anticipated runoff flows.

(8) Refuse. Adequate screened space shall be provided for the collection and covered storage of refuse, which shall be disposed of regularly in accordance with relevant Town regulations.

(9) Traffic access. Roads shall be adequate in grade, width, alignment, visibility, construction standards and traffic circulation patterns to meet Town standards.

(10) Off-street parking. Automobile parking space shall be provided to accommodate not less than 1 1/2 vehicles for each rental unit. No part of such parking space shall be closer to any roadway, street or front property line than 25 feet, and no closer to any rear or side property line than 35 feet.

(11) Exterior lighting and signs. Illuminated signs and other exterior lighting shall be directed away from or shielded from adjacent and nearby residential properties in such a manner as not to disturb the occupants thereof.

(12) Landscaping and planting. The site shall be appropriately landscaped within one year after the commencement of construction. Suitable plantation screening and/or fence buffering shall be provided alongside and rear property lines.

(13) Outdoor swimming pools. No outdoor swimming pool shall be placed closer to any road right-of-way than 100 feet, nor closer to any side or rear property line than 75 feet. Written approval for the installation of swimming pools must be obtained from the New York State Health Department. Pools must comply with Subsection UU of this section and other relevant requirements of this chapter.

AA. Multiple-family dwellings.

(1) Area requirements. For a multifamily dwelling served by community water supply and sewage disposal systems, the minimum land area shall be 25,500 square feet with a minimum of 8,500 square feet per dwelling unit. For a multifamily dwelling served by an individual well and septic system, the minimum land area shall be 60,000 square feet, with a minimum of 20,000 square feet per dwelling unit. The minimum width of the lot at the front property line shall be 250 feet.

(2) Setback requirements. No structure or portion thereof shall be closer to any street or road right-of-way than 50 feet, nor closer than 50 feet to any rear property line, nor closer than 25 feet to any side property line.

(3) Arrangement of buildings. In those instances where several multifamily dwellings constitute a single development:

(a) Adequate provision shall be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.

(b) The front and rear of any principal building shall be no closer to the front or rear of any other principal building than 50 feet.

(c) The side of any principal building shall be no closer to the side, front or rear of any other principal building than 40 feet.

(4) Outdoor recreation space. An area or areas for the joint recreational use of the residents shall be provided. Such recreation space shall consist of an outdoor area no less than 25% of the total lot areas of all dwelling units served. Parking areas and vehicular access facilities shall not be considered in meeting this requirement.

(5) Drainage. Drainage for the site, for the public roadside, for the interior roadways, walkways and parking areas shall be so designed and constructed as to handle maximum anticipated runoff flows.

(6) Traffic access. All roads on the site shall be built to Town standards and surfaced with all-weather materials. Entrance(s) and exit(s) to and from the site shall be no closer than 50 feet from any street corner or road intersection. Such entrances and exits shall be constructed only after approval by the respective state, county and/or Town highway authorities. Visibility at such entrances and exits as well as on interior roadways shall be provided to assure the safe flow of traffic.

(7) Circulation and parking. Interior roadways shall be so designed and constructed as to afford free and easy flow of traffic, both entering and exiting, at all times. No interior public roadway shall be closer than 10 feet to any building. There shall be two parking spaces provided for each dwelling unit. All dwelling units shall have ready access to parking spaces and interior roadways.

(8) Lighting. Exterior lighting shall be provided to promote safety in the parking areas and roadways, and in the connecting walkways.

(9) Landscaping and planting. The site shall be appropriately landscaped within one year of commencing construction. Suitable plantation screening and/or fence buffering shall be provided alongside and rear property lines.

(10) Outdoor swimming pools. No outdoor swimming pool shall be located closer to any road right-of-way than 100 feet, nor closer to any side or rear property line than 75 feet. Written approval for the installation of swimming pools must be obtained from the New York State Health Department. Pools must also comply with the provisions of Subsection UU of this section and other relevant requirements of this chapter.

(11) Certificate of occupancy. No certificate of occupancy shall be issued for any such building or buildings, unless the proposed use conforms in all respects to the site plan, provisions of this chapter and any conditions specified by the Joint Planning Board.

BB. Off-street parking.

(1) The following constitute minimum requirements for off-street parking spaces which shall be provided for each of the designated uses in the zoning district(s) wherein such use is authorized:

[Amended 8-10-2016 by Amdt. No. 38]

Use	Minimum Requirements
Boarding and rooming houses and bed-and-breakfasts	1 for each sleeping room
Churches and synagogues	1 for each 3.5 seats
Community buildings and social halls	1 for each 200 square feet of gross floor area, or 1 for each 3.5 seats, whichever is greater (not to include storage space)
Doctors' or dentists' offices	5 for each doctor or dentist, plus 1 for each employee
Drive-in restaurants and food take-out facilities	Minimum of 15 spaces
Dwellings (single and double-unit), mobile and modular homes	2 for each dwelling unit
Dwellings (multiple unit)	2 for each dwelling unit
Flea markets	Minimum of 15 spaces
Home occupations	Minimum of 2 spaces
Industrial operations	1 for each 1.5 employees in the maximum work shift
Laundromats	1 for each 1.5 washer and dryer unit installed
Motels, hotels, inns and resorts	1 for each sleeping room or dwelling unit
Offices, general	1 for each 200 square feet of floor space (not including storage space)
Racetracks	1 all-weather space for each 3 spectator seats with additional space available for the maximum number of potential customers
Farm winery/distillery/brewery/cidery	1 for each 2 anticipated patrons plus 1 for each employee
Restaurants and enclosed recreational facilities	1 for each 50 square feet of patron space
Retail stores, store groups, shops, small commercial establishments, business uses	1 for each 200 square feet of floor space plus 1 for each employee
Roadside stands	Minimum of 3 spaces
Wholesale establishments and warehouses	1 for each employee in the maximum work shift
Outdoor recreational facility	1 for each two anticipated patrons

(2) All off-street parking spaces shall be constructed to all-weather standards, either gravel or paved surface, in all instances upon a well-compacted gravel base of at least six-inch depth or its equivalent.

(3) Where the use, traffic generation or function of a site is such that the applicant can show that the number of parking spaces is not justified, the Joint Planning Board may modify these requirements.

(4) Uses not included in this section are required to have adequate parking, according to the evident need. The Joint Planning Board has the authority to require specific numbers of parking spaces for unlisted uses. In doing so, the Joint Board shall use its sound judgment, personal experience, and information gathered through the public hearing process.

CC. Parking lots. Where, in accordance with the preceding provisions of Subsection BB of this section, 20 or more parking spaces must be provided, the following requirements shall prevail:

(1) The boundaries of the parking lot shall be at least 10 feet from all street and road rights-of-way and five feet from all other property lines.

(2) There shall be provisions for traffic to enter and depart simultaneously.

(3) Neither entrance nor exit shall be closer than 50 feet to any street or road intersection.

(4) The parking lot shall be designed and constructed to suitable all-weather standard, with adequate drainage.

(5) Five percent of the parking lot spaces shall be designated for use by the handicapped, but in no event shall there be less than two spaces per lot designated for such use.

DD. Public utility facilities.

(1) The location, design, noise and operation of such facility shall not adversely affect the character and uses of the surrounding area.

(2) Adequate fences, barriers and other safety devices shall be provided around the facility at a height of at least eight feet, unless the facility is entirely enclosed in a structure, in which case the structure shall be secure against unauthorized entry.

EE. Quarries, sand and gravel pits and natural resource removal.

(1) No excavation for removal of sand, gravel, or stone shall be located within 50 feet of any public road right-of-way nor within 200 feet of any side or rear property line of the premises. If within 1,000 feet of any residence, there shall be screening and/or buffering to limit the visibility of the work site and to limit noise and dust. The Joint Planning Board shall determine acceptable screening and/or buffering.

(2) All activities involving quarries, sand and gravel pits and natural resource removal shall comply with New York State Department of Environmental Conservation regulations and permits.

(3) Provision shall be made to eliminate or reduce the hazard and nuisance of dust and other matter being carried by wind, surface drainage water or vehicles from the premises onto the premises of other nearby residents or onto any road, street, highway or stream of water.

FF. Racetracks.

(1) Racetracks, whether for horses, dogs, cars, motorcycles, snowmobiles or any other motorized vehicles shall be permitted only in Agricultural and Rural Residential (AR) Districts and only upon site plan review and approval by the Joint Planning Board.

(2) Any racetrack must have a minimum of 25 acres of land. The facility shall be located at least 200 feet from any street, road or highway right-of-way and at least 300 feet from any side or rear property line.

(3) Any racetrack shall be so designed, buffered and screened that noise, odors and lighting glare shall not affect nearby and adjacent properties.

(4) Any facilities for the sale of foodstuffs and/or snacks shall be maintained in accordance with the standards of the New York State Department of Health.

(5) All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

(6) Adequate provision for off-street parking shall be made in accordance with Subsection BB of this section and other relevant provisions of this chapter.

(7) Provision shall be made for adequate fencing and/or barricades to be maintained along the track for the safety and protection of the public.

GG. Recreational facilities. Public and private recreational facilities shall be permitted in all districts, except Industrial (ID) Districts, provided that they meet the following criteria:

(1) The facility shall be located at least 50 feet from any street, road or highway right-of-way and at least 25 feet from any side or rear property line.

(2) When within 200 feet of any residential structure, said facilities shall be screened and/or buffered to prevent dust, noise, odors and lighting glare from adversely affecting nearby properties.

(3) Off-street parking shall be provided in accordance with Subsection BB of this section and other relevant provisions of this chapter.

HH. Recreational vehicles, travel trailers and converted buses.

(1) Recreational vehicles, travel trailers, converted buses and other similar vehicles may not be parked in Residential (R-1) or Marine Residential (MR) Districts. Such vehicles and trailers may be parked in Marine Development (MD), Agricultural and Rural Residential (AR) and Hamlet (H) Districts provided that they comply with the following regulations:

(a) Recreational vehicles, travel trailers, converted buses and other similar vehicles may be used for regular residential purposes for no more than 14 days in any calendar year.

(b) Recreational vehicles, travel trailers, converted buses and other similar vehicles shall be parked only in driveways and other regular parking areas appurtenant to the regular dwelling or structure. Such vehicles and trailers shall comply with all relevant setback and yard requirements of the district in which they are located.

(c) Sewage disposal from such vehicles shall be effected in an environmentally acceptable manner (i.e., by temporary connection to an approved septic system, by storage tank(s) to be pumped out at an approved disposal station, or by approved self-contained maceration and incineration system) in accordance with the regulations of the New York State Department of Health.

II. Restaurants, taverns and bars.

(1) Restaurants, taverns and bars shall be permitted only in the Business (B) District, and permitted in Agricultural and Rural Residential (AR), Marine Development 2 (MD2) and Hamlet (H) Districts upon the issuance of a special use permit by the Joint Planning Board. In the Marine Development (MD) District, restaurants, taverns and bars shall be permitted only after site plan review and approval by the Joint Planning Board applying the criteria in this section and elsewhere in this chapter where applicable.

[Amended 8-10-2016 by Amdt. No. 38; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Such restaurants shall be limited to those exclusively providing sit-down service at either tables or counters, and not providing car-hop, drive-in or take-out facilities.

(3) Such restaurants, taverns and bars shall be designed, built, maintained and operated in accordance with the standards of the New York State Department of Health.

(4) All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

(5) Off-street parking facilities shall be provided in accordance with the requirements of Subsection Z and BB of this § 235-7 and other relevant provisions of this chapter.

[Amended 8-10-2016 by Amdt. No. 38]

(6) All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP of this section.

JJ. Riding stables.

(1) All riding stables and related facilities shall be located at least 300 feet from any property line.

(2) Animal wastes shall be disposed of in an environmentally safe manner that does not pollute the air, land or water and complies with all relevant regulations of the New York State Departments of Health and Environmental Conservation.

KK. Roadside stands.

(1) Roadside stands for the sale of agricultural products, fruits and vegetables shall be permitted in Agricultural and Rural Residential (AR) and Agricultural and Island Residential (A-IR) Districts provided that they comply with the off-street parking provisions of Subsection BB of this section, and provided that they do not constitute a hazard to traffic on any state, county or Town road or highway.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Any such roadside stand shall comply with the sign provisions of Subsection PP of this section.

(3) Any such roadside stand shall be so operated and maintained that it does not constitute a detriment to the neighborhood.

LL. Roadways and streets (private).

(1) Roadways or streets constructed by private individuals, enterprises or groups of such individuals or enterprises which serve, or are intended to serve the public as thoroughfares, shall meet all Town road and highway standards as determined by the Town Highway Superintendent and/or the Town Board. Such standards shall include grades, angles of curves, width of right-of-way and of roadbed, type of base and surface, depth of base, lines of sight, tangents, shoulders, driveways, turnaround areas and drainage.

(2) Before locating or constructing any private roadway, street or other thoroughfare entrance into a Town roadway or street, permission shall be obtained from the Town Highway Superintendent with respect to the location and other design considerations of such entrance. Under no circumstances shall any such entrance be permitted within 50 feet of any street corner or road intersection.

(3) Before locating or constructing any private roadway, street or other thoroughfare entrance into a state or county road or highway, permission shall be obtained from the New York State Department of Transportation and/or the Jefferson County Highway Department.

(4) Any private roadway, street or other thoroughfare shall be set back at least 25 feet from the sidelines of the property on which the new road is located. Such distance shall be measured from said sidelines to the proposed road right-of-way.

MM. Sales, storage and rental operations. Motor vehicles, boats, trailers, mobile and modular homes, recreational vehicles, farm machinery, construction and contractors, equipment.

(1) All facilities for such sales and rental operations, storage and parking shall be located no closer than 50 feet to any street, road or highway right-of-way, nor closer than 50 feet to any other marked or established property line in the Agricultural-Rural Residential District, 25 feet in the Hamlet District from the nearest lot line and at least 30 feet from any street or road right-of-way.

(2) When located within 200 feet of a residential structure, such facilities shall be screened and/or buffered so as not to be visible from the adjacent or nearby property. Adequate screening and/or buffering shall be determined by standards acceptable to the Joint Planning Board.

(3) Such operations shall not create undue noise, odors, traffic or lighting glare affecting nearby properties. Further, they shall not cause electrical disturbances that interfere with nearby communications reception.

(4) Lots where the products are displayed shall be constructed and surfaced for all-weather use (e.g., gravel base with gravel or paved surface).

(5) Adequate off-street parking shall be provided in accordance with Subsection BB of this section and other relevant provisions of this chapter.

(6) Those operations that also provide service facilities shall comply with the requirements of the automobile service station provisions, Subsection D of this section and other relevant provisions of this chapter.

NN. Satellite dishes, radio and TV antenna towers.

(1) Such receiver dishes and towers shall be positioned so as not to interfere with or obstruct the vision of drivers entering or leaving any public or private access road.

(2) Such receiver dishes and towers shall comply with all the side yard and rear yard setback requirements of the district in which located.

OO. Shopping centers. Any proposed shopping center development shall be subject to site plan review and approval by the Joint Planning Board. Such site plan proposal shall show layout of the center, parking facilities, traffic patterns, drainage provisions, utilities, landscaping and planting, walkways, lighting, and other pertinent details, as required by the Joint Planning Board.

(1) Off-street parking provisions shall meet the combined requirements outlined for store groups in Subsection BB of this section and other relevant provisions of this chapter.

(2) Off-street loading space shall be provided in addition to Subsection OO(1) above, and shall meet the loading platforms and facilities provisions of Subsection T of this section and other relevant provisions of this chapter.

(3) No building shall be placed closer to any street or road right-of-way than 100 feet. No parking area shall extend closer to any street or road right-of-way than 20 feet, or closer to any other property line than 50 feet. The boundaries along all side and rear property lines shall be appropriately landscaped, planted and seeded for a depth of not less than 15 feet adjacent to the structures or parking lots, whichever shall extend the further. All front boundary areas shall be landscaped, planted and seeded.

(4) No shopping center shall be constructed closer than 100 feet to the nearest property line, and no shopping center or parking lot shall be located closer than 200 feet to the nearest residential building.

(5) Access and traffic patterns, both on-site and entrance/exit shall be so designed as to minimize traffic hazards. In no instance shall any entrance or exit road be closer than 100 feet to the nearest street corner or road intersection. All such access plans shall be approved by the appropriate state, county and Town highway authorities.

PP. Signs. No sign shall be permitted in any district except as specifically provided herein or in other relevant provisions of this chapter.

(1) Exempt signs (requires no permit).

(a) Historical markers, tablets, statues, memorial signs and plaques, names and dates of buildings, carved in or surface-mounted, and emblems installed by governmental agencies, religious or nonprofit organizations. (Not more than six square feet or eight feet in height from grade.)

(b) Flags and insignia (governmental), not associated with any commercial promotion.

(c) On-premises directional signs for the convenience of the general public, identifying public areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated. Business names and personal names shall be allowed, excluding advertising messages. (Not more than 10 square feet or eight feet in height from grade.)

(d) Number and nameplates, mounted on house, apartment or mailbox and lawn signs identifying residents may be double-faced. (Not more than 10 square feet.)

(e) One on-premises sign, either freestanding or attached, for permitted professional offices or home occupations; such sign shall state name and vocation only. Illumination shall not produce a direct glare beyond limits of the property line. (Not more than four square feet.)

(f) Private owner merchandise sale signs for on premises garage and lawn sales may be displayed for a period not exceeding a period of seven days; similarly, signs for auctions may be displayed three weeks prior to the auction and shall be removed within three days thereafter. (Not more than four square feet.)

(g) Temporary "For Sale or Rent" real estate signs for the premises on which located; one sign for each road and/or water frontage and shall be removed within one week after sale or rental: (Not more than: six square feet for one- or two-family dwelling; 12 square feet for multiple-family dwelling; 32 square feet for commercial and acreage.)

(h) Motor vehicle inspection stations, gas pump price signs or other signs required by state or federal law. (Minimum size required.)

(i) Announcement and directional signs for meetings, conventions and other local events, on- or off-premises and removed within seven days. (Not more than 12 square feet.)

(j) Election and political posters and signs. All limited to a period of up to 60 days prior to a primary, district or general election and removed seven days thereafter. (Not more than: four square feet on residential property; 12 square feet on any other property, on- or off-premises; 32 square feet on election headquarter.)

(k) Seasonal (temporary) signs. One for roadside stand selling products grown on premises (not more than 32 square feet), plus two directional signs, on- or off-premises.

(l) One sign listing architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress. (No more than nine square feet in residential districts; 16 square feet in other districts.)

(m) Nonilluminated informational, warning, private drive, trespassing signs, posted or no trespassing signs. (Two square feet per face.)

(n) Signs erected by a federal, state, county or local government, including departments and/or agencies thereof.

(o) Off-premises signs of remote grouped cottage clusters listing cluster name and/or individual names or 911 numbers of cottage owners. (Not more than 16 square feet.)

(2) Prohibitions.

(a) No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights except to show time, temperature or other public service message.

(b) No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement, nor impair visibility of a motorist at street corners or intersections by placement and location within 25 feet of the intersection of the street or highway lines.

(c) Signs or displays consisting of banners, pennants, ribbons, streamers, spinners or any other fluttering, revolving or moving components may be used only for a sixty-day period and cannot be used again until 10 months have elapsed.

(d) No sign shall be located so as to obscure or detract from an historic site or scenic vista except as allowed by temporary permit.

(e) No sign shall be painted, mounted or otherwise affixed to any rock face or other natural feature, or utility poles.

(f) No advertising message shall be extended over more than one sign placed along a street or highway.

(g) No sign shall employ reflective surfaces or materials, especially mirror; that are not approved or generally accepted for sign usage.

(h) Only signs deemed necessary by the New York State Department of Environmental Conservation will be allowed in the Conservation Zoning District (CON).

(3) Signs by permit.

(a) Freestanding permanent signs.

[1] On premises.

[a] No more than one freestanding sign shall be permitted on any property, except where the property has frontage on two roads (intersecting or parallel), a second such sign shall be permitted to identify the secondary access.

[b] For business or industrial use, the area of a freestanding sign shall not be more than 32 square feet plus one square foot for each 1,000 square feet of gross floor area (GFA) of the main structure, up to a maximum sign area of 50 square feet. When a second freestanding sign is allowed according to Subsection PP(3)(a)[1][a], above, its maximum sign area shall not be more than 1/2 the allowable sign area of the first sign.

[c] For any other use, the area of a freestanding sign shall not exceed 32 square feet and if a second freestanding sign is allowed, its maximum sign area shall not exceed 20 square feet.

[d] The maximum height of a freestanding sign shall not be more than 20 feet (grade to top).

[e] The minimum setbacks for a freestanding sign shall be at least five feet from any side or rear property line.

[f] A nonilluminated, single-sided development sign denoting an architect, engineer and/or contractor shall be allowed on the property being sold, leased or developed and shall not be more than 32 square feet on business or industrial properties nor more than 16 square feet on residential properties. Signs shall be erected parallel to fronting highway, set back a minimum of 35 feet from property lines or attached to building face and shall be in place no more than two years.

[g] Signs or bulletin boards may be erected on premises of institutions (churches, museums, libraries, etc.). One sign or bulletin board not having more than 32 square feet may be erected for each entrance on a different street or highway.

[h] On the premises of multiple dwellings and apartment developments, one sign advertising availability of dwelling units not in excess of 32 square feet can be erected at each entrance on different streets.

[i] Recreational areas, day camps, golf clubs and similar permitted facilities be allowed one sign on premises, not more than 32 square feet.

[j] Signs necessary for the identification, operation or production of a public utility. Not more than 32 square feet; can be erected on the premises of the public utility.

[2] Off-premises.

[a] No off-premises freestanding sign shall be larger than 32 square feet in area.

[b] No off-premises building-mounted signs shall be allowed.

[c] Directional signs for the purpose directing persons to a business, activity, service or community facility may be erected, provided such signs are no more than 12 square feet per establishment nor total more than two such signs per establishment. Messages shall be limited to name or identification, arrow or direction and distance; advertising messages shall be prohibited and signs shall be limited to major thoroughfares.

[d] In the SPO District, no off-premises signs shall be permitted except that signs not exceeding four square feet directing the public to specific establishments may be permitted with site plan approval by the Planning Board.

(b) Freestanding sign regulations.

[1] Signs shall be located no closer than five feet from side property lines.

[2] No freestanding sign shall be located closer than 500 feet to any other freestanding sign on the same side of the highway.

[3] If property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform with minimum setbacks.

[4] No sign shall be more than 20 feet in height.

[5] Signs shall not extend over or into the public right-of-way nor overhang property lines.

[6] Signs shall have 10 feet vertical clearance if located above pedestrian walkways or driveways.

[7] Masonry wall type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.

(4) Building-mounted permanent signs.

(a) All building-mounted signs.

[1] Maximum total sign area of all signs mounted on a given building shall not be more than one square foot for each linear foot of building's face that is oriented towards the road or highway right-of-way.

[2] No building-mounted sign shall project more than five feet from the building face or be less than 7 1/2 feet above any pedestrian walk.

[3] No part of a roof-mounted sign or sign frame shall extend above the roof's highest level.

[4] A nonstructural sign that is painted, pasted or otherwise affixed to the outer face of any building or structure shall comply with the requirements of this section as applicable to structural signs.

(b) Regulations for building-mounted signs.

[1] Wall signs.

[a] Shall not extend beyond ends or over top of the walls to which attached.

[b] Shall not extend above the level of the second floor nor extend more than nine inches from face of building, except a copy change sign may extend 15 inches (such signs being allowed only on theaters).

[c] Shall have a minimum clearance of seven feet, six inches above pedestrian traffic areas.

[2] Projecting signs.

[a] Shall not have more than two faces.

[b] Shall not extend more than five feet from building face or 1/3 of the width of the sidewalk, whichever is less.

[c] No part shall extend into vehicular traffic areas and if extended over pedestrian traffic area, shall have clearance of at least seven feet, six inches.

[d] Shall not extend above level of second floor of building to which attached and in no case be higher than 12 feet.

[e] Shall not be closer than 15 feet from corner of a building located at a street intersection.

[3] Other signs.

[a] Window signs.

[i] No more than one sign per window and a maximum of two per business enterprise.

[ii] Window signs shall not exceed 25% of the window area nor more than four square feet.

[iii] Copy change window signs shall not exceed three square feet.

[4] Awning signs.

[a] No sign shall project from an awning.

[b] Graphics may be painted or affixed flat to surface of front or sides and shall indicate only name and/or address.

[c] Graphics shall be single line of lettering not more than six inches high, but if over three inches high, shall be debited against the permitted wall sign surface area.

[5] Sign directories.

[a] Character and size of sign matrix and components can be regulated with design guidelines.

[b] Shall contain identification and directions to several business enterprises but shall not contain any promotional advertising.

(5) Total number of signs, sign area and total signage.

(a) Permanent signs/business and industrial.

[1] Total number of permitted signs on a single lot shall not exceed two, of which one may be freestanding.

[2] Cumulative area of all signs on one lot shall be calculated at the rate of one square foot of sign area per lineal foot building front, plus 1/4 square foot per lineal foot setback of principal building, but shall in no case exceed 150 square feet.

[3] Where four or more contiguous stores in a shopping center or lesser number of stores having a total of more than 20,000 square feet of leasable floor space:

[a] One common freestanding sign with name of shopping center allowed, not to exceed 75 square feet per side and bottom panel; not more than eight feet above grade.

[b] All other signs shall be building-mounted, of a wall, projecting or soffit type and coordinated in material, shape, lettering, color, etc.

[c] Total sign area for shopping center shall be calculated at the rate of one square foot of building front, plus 1/4 square foot per foot of lot frontage plus 1/10 square foot of each store's setback, but shall not exceed 50 square feet.

[4] Representational signs shall not project in any direction more than four feet beyond the principal structure to which attached and shall not exceed 15 square feet and only one such sign per establishment with the area of such sign included within the total sign area permitted.

[5] Illuminated signs indicating time, temperature, date or other public service message shall not exceed 32 square feet and shall not employ less than 60% of the total sign area, each side, for said public service message.

[6] Gas service stations shall additionally be permitted two price, product or promotional signs each, not exceeding 12 square feet or two square feet per side if:

[a] Located on pump island.

[b] Not set closer than 10 feet from edge of pavement.

[c] Not more than eight feet above grade.

[d] Situated so as to not impair visibility for pedestrians and motorists.

(6) Portable signs.

(a) Permitted for a period of 90 days by a new business or newly located business while awaiting installation of a permanent sign, at which time, it must be removed.

(b) Permits for portable signs shall be issued for 90 days.

(7) Sign permit application information.

(a) All signs requiring a sign permit may be permitted after issuance of a sign installation permit from the Zoning Enforcement Office after he finds that such sign:

[1] Is in the public interest and not detrimental to the public welfare and safety.

[2] Complies with the regulations for the district in which it is to be located.

[3] Is not detrimental to nearby properties.

[4] Is of a character, size and location that will be in harmony with the orderly development and aesthetics of the neighborhood.

(b) All applicants for sign permits shall submit the following:

[1] Name, address and telephone number of the owner.

[2] Plot plan or survey showing locations of the building or structure to which the sign is to be affixed.

[3] Scale drawing showing type, size, and location of the sign.

[4] Copy of the plans and construction specifications for freestanding structure and/or attachments to the building.

[5] Copy of application for any electrical permit that may be required.

[6] Filing and processing fee as set by the Town Board.

[7] Such other information as the Zoning Enforcement Officer shall require to show compliance with this chapter.

[8] Failure to comply shall cause the Zoning Enforcement Officer to order the sign removed within 48 hours and all expenses incurred in said removal shall be charged against the permit holder or the owner of the land upon which such sign is located.

(8) Maintenance of signs. All signs will be maintained in a good state of repair. The Zoning Officer will contact any person who has a sign in a poor state of repair, requesting that it be corrected within a time limit determined by the Zoning Officer. If said sign is not repaired within a period of 30 days, the right to maintain the sign shall cease and the owner of the sign must remove it within 10 days thereafter. The owner is required to properly engineer the sign before construction to make sure the sign is hung safely and is structurally sound.

QQ. Small commercial enterprises.

(1) Any manufacturing, fabricating or servicing operations related to the enterprise shall be conducted within a building.

(a) Except for brief periods incidental to receipt and shipment, all materials used in the manufacturing, fabricating and servicing operations shall be stored within a building, or within a completely enclosed area so fenced and screened that no portion of said materials shall be visible from off the premises.

(b) Except for brief periods incidental to loading and shipment, all finished, processed and/or serviced products of the enterprise shall be stored within a building or within a completely enclosed area so fenced and screened that no portion of said products shall be visible from off the premises.

(2) One identification sign shall be permitted, not to exceed eight square feet in total area. Said sign shall meet all other relevant regulations found in Subsection PP of this section and other relevant provisions of this chapter.

(3) All buildings and storage enclosures of the small commercial enterprise shall be located at least 50 feet in the Agricultural and Rural Residential District and 25 feet in the Hamlet District from the nearest lot line, and at least 30 feet from any street or road right-of-way.

(4) One freestanding and one building-mounted sign shall be permitted, neither sign to exceed 32 square feet. Said signs shall meet all other relevant regulations found in Subsection PP of this section and other relevant provisions of this chapter.

(5) Off-street parking facilities shall be provided in accordance with the requirements of Subsections Z and BB of this § 235-7.

[Amended 8-10-2016 by Amdt. No. 38]

(6) No unsafe traffic conditions shall be caused by establishment of the small commercial enterprise or by any of its facilities, signs and appurtenances. All such facilities shall be so located as not to interfere with public thoroughfares or traffic sight lines.

RR. Small islands and shoals. Any construction or installation on a small island or shoal less than one acre in area shall require prior site plan review and approval by the Joint Planning Board.

SS. Storage buildings.

(1) Small storage buildings. Storage buildings of 150 square feet gross floor area or less shall be permitted in all districts, subject to the following regulations:

(a) Only one such building shall be permitted on any single lot.

(b) Small storage buildings shall be located in conformity with all setback and side yard requirements of the district in which they are located. They shall not be located in front yards nor in yards adjacent to the St. Lawrence River and its tributary waters.

(c) Small storage buildings shall be of substantial construction, whether pre-manufactured or constructed on site. They shall be regularly maintained, including painting, so as not to be detrimental to the neighborhood.

(2) Storage buildings. Storage buildings of more than 150 square feet single or combined gross floor area shall be permitted in Agricultural and Rural Residential (AR), Business (B) and Industrial (ID) Districts; they shall be permitted in Marine Development (MD) and Hamlet (H) Districts only upon the issuance of a special use permit by the Joint Planning Board; said buildings must conform to the following regulations:

(a) Storage buildings shall be located in conformity with all setback and side yard requirements of the district in which located.

(b) Storage buildings shall be constructed on a suitable base to provide firm and adequate support. Such base may consist of a concrete slab or 12 inches of compacted gravel.

(c) Storage buildings shall meet all standards of the New York State Uniform Fire Prevention and Building Code, and all relevant requirements of this chapter.

(d) Storage buildings shall be used only for the storage of goods, vehicles, boats, implements and materials. They shall not be used for the manufacture, assembly, construction or processing of any goods or materials whatsoever.

(e) Storage buildings shall be regularly maintained, including painting, so as not to be detrimental to the neighborhood.

TT. Storage tanks, fuel.

(1) Aboveground.

(a) All aboveground storage tanks of more than 550 gallons single or combined capacity for the storage of flammable liquids or gases shall be in conformity with the applicable standards and regulations of the Uniform Fire Prevention and Building Code and shall conform to all federal and state requirements of the Environmental Protection Agency, the New York State Department of Environmental Conservation and other appropriate agencies.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) All such installations shall be located on sites so graded and sufficiently large to contain any runoff from accidental rupture, overfilling, leakage or explosion, and to contain on site the impact of any potential accident, fire or explosion without damage to adjacent structures or property.

(c) The recommendations of the local Fire Chief possessing jurisdiction shall be considered prior to granting approval for such a use.

(d) All storage tanks shall be located at least 100 feet from any side or rear property lines and at least 50 feet from any street or road right-of-way.

(e) All storage tanks shall be located at least 50 feet from any building on the site and at least 150 feet from any building or structure off the premises.

(2) Underground.

(a) All underground storage tanks of more than 550 gallons single or combined capacity for the storage of flammable liquids or gas shall be in conformity with the applicable standards and regulations of the Uniform Fire Prevention and Building Code and shall conform to all federal and state requirements of the Environmental Protection Agency, the New York State Department of Environmental Conservation and other appropriate agencies.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) All such tanks shall be located at least 40 feet from any side or rear property line and from any street or road right-of-way.

(c) All such tanks shall be located at least 10 feet from any building on the site, and at least 80 feet from any building or structure off the premises.

UU. Swimming pools. Swimming pools shall be permitted in Residential (R-1), Marine Residential (MR), Marine Development (MD), Hamlet (H), Agricultural and Rural Residential (AR), Agricultural and Island Residential (A-IR) and Marine Development 2 (MD2) Districts, and may be located within a required rear or side yard, provided that they shall:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Not be located closer than 15 feet to any side property line, nor closer than 30 feet to any front or rear property line, nor closer than 30 feet to any street or road right-of-way.

(2) Be surrounded by a barrier at least four feet high around the entire pool structure as per § 303 of the New York Property Maintenance Code and § 3109, Swimming pools, spas and hot tubs, of the New York Building Code. This requirement shall not apply to aboveground pools which incorporate built-in fences and/or suitable restrictive devices.

VV. Trucking terminals.

(1) Any trucking terminal shall encompass a lot area of at least three acres and shall have a minimum frontage along any street, road or highway of at least 200 feet.

(2) No trucking terminal shall be located within 500 feet of any lot on which is located a church, school, library, playground or other place of public assembly.

(3) All fuel oil, petroleum, gasoline and other flammable substances used in operating the facility shall be stored in underground tanks located at least 100 feet from all side and rear property lines, and at least 50 feet from any street or road right-of-way. Said tanks shall be installed and maintained in accordance with the standards of the Uniform Fire Prevention and Building Code, and shall conform to all state and federal requirements of the New York State Department of Environmental Conservation, the Environmental Protection Agency and other appropriate agencies.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4) All buildings, structures and accessory uses involved in the operation or maintenance of a trucking terminal shall be located no closer to any street, road or other front property line than 50 feet, and no closer than 100 feet from all other property lines.

WW. Unregistered and inoperable motor vehicles and inoperable implements and equipment.

(1) No person shall park or store outside a building or where visible from off the premises, one or more motor vehicles which are unregistered, inoperable and no longer in condition for legal use on the public highways.

(2) No bus, van, trailer, truck or other similar vehicle which is unregistered, inoperable and no longer in condition for legal use on the public highways shall be parked or stored outdoors on any land in the Town of Clayton unless so enclosed as to prevent said vehicle from being visible from off the premises.

(3) No tractor, truck or farm implement of any variety which is inoperable and/or no longer in regular use shall be parked or stored outdoors on any land in the Town of Clayton unless it is not visible from off the premises.

(4) No bus, van, trailer, truck or other similar vehicle, or any section or portion thereof, with or without wheels or undercarriage, shall be used for any dwelling purposes or to permanently store building supplies or other materials on lot.

XX. Campgrounds (commercial).

(1) Campgrounds conforming to this section shall be permitted in Agricultural Rural and Residential Districts only after site plan review, in accordance with § 235-13 of this chapter and the issuance of a license in keeping with the provisions of this section.

(2) Campgrounds shall provide individual sites for occupied travel trailers, tents and recreational vehicles (motor homes, truck campers, camping trailers and other vehicles used for part-time living purposes.)

(3) Site requirements.

(a) A campground shall have an area of not less than 10 acres and shall be developed with the least possible disturbance of existing amenities or features of the area. If more than one mobile home is sited within the campground, the mobile home sites shall be located in an area separated from the campsites and shall comply with the requirements set forth in § 235-5 of this chapter.

(b) A campground shall be located on a well-drained site with frontage on a public road or highway.

(c) The entrance(s) of a campground shall have an entrance road(s) at least 25 feet wide on a right-of-way of not less than 50 feet in width. Campgrounds with less than 20 campsites shall have at least one common entrance and those with more than 20 campsites shall have at least two independent entrances, not less than 150 feet from each other.

(d) No campsite, office or accessory building shall be located closer than 50 feet to any public street, road or highway right-of-way, nor closer than 50 feet to any other property line and at least 100 feet from a residential structure on an adjacent property.

(e) The campground shall be divided and marked off into campsites. The campsites shall be numbered consecutively, the assigned number to be posted in each site and appear on a drawing of the campground.

(f) The total number of campsites shall not exceed 15 per acre and each campsite shall contain a minimum of 2,500 square feet.

(g) Each campsite shall have at least two parking spaces.

(h) Campgrounds which accommodate 25 or more campsites shall provide at least one recreational area consisting of at least 10% of the gross campground area.

(4) Sanitary facilities.

(a) All sanitary facilities, including waste disposal system and water supply system, must receive written approval of the New York Departments of Health and the Environmental Conservation and/or other appropriate state or local departments or agencies.

(b) All refuse shall be gathered and stored in screened or covered receptacles and disposed in a manner acceptable to the Town, New York State Departments of Health and Environmental Conservation and/or other appropriate state or local departments or agencies.

(5) Buffer planting and screening.

(a) Suitable buffer planting and/or screening shall be placed along all property lines.

(b) Suitable plantings of ornamental shrubs and/or shade trees shall be placed throughout the entire area of the campground.

(6) Registration records. Each campground shall keep and maintain a permanent record of the name, address and license plate number of each occupant.

(7) Inspection.

(a) Before the campground is occupied and/or commences operation, the premises shall be subject to inspections by the Town Zoning Enforcement Officer and the Building Inspector/Town-authorized agent resulting in the issuance of certificates of compliance and occupancy.

(b) The Town Board or its duly authorized agent shall have the authority to enter and inspect for health, sanitation and all other compliance purposes and facility, licensed hereunder, at any reasonable time.

(8) Licenses for campgrounds. Campgrounds are subject to the same licensing requirements as mobile home parks; refer to § 235-7X(8) of this chapter.

(9) Transfer of ownership. If any existing campground shall subsequently undergo any change in, or transfer of ownership, the new owner(s) must, within 30 days, file an application for a license supplying all information as would be required for the initial licensing of the campground.

(10) Revocation or suspension of license. If, upon inspection, it is determined that the licensee has violated any provisions of this chapter, the Town Board and/or Town-authorized agent shall have the power to revoke or suspend such license and to order the campground closed. Such closure shall be ordered only upon written notice to the owner(s), who shall have not more than 14 days in which to respond.

YY. Trails, multi-use.

(1) Multi-use trails shall be permitted in all districts upon the issuance of a special use permit. Multi-use trails in the Conservation District are also subject to the Department of Environmental Conservation approval.

(2) All sanitary facilities, including water supply and waste disposal systems, shall receive the written approval of the New York State Health Department or other appropriate agencies and shall be in accordance with the provisions of § 235-10 of this chapter.

(3) Trail surface shall not exceed 20 feet in width.

ZZ. Self-storage facilities.

(1) All facilities for such storage and parking shall be located no closer than 50 feet from road right-of-way and from all other property lines.

(2) When located within 100 feet of an off-property residential structure, adequate screening and/or buffering shall be provided as determined by standards acceptable to the Joint Planning Board.

(3) Such operations shall not create undue lighting glare affecting traffic or nearby properties.

AAA. Farm winery/distillery/brewery/cidery.

[Added 8-10-2016 by Amdt. No. 38]

(1) Farm wineries/distilleries/breweries and cideries shall be permitted in the Marine Development (MD) and Agricultural and Island Residential (A-IR) Districts following site plan review and approval by the Joint Planning Board, applying the criteria contained in this section and elsewhere in this chapter as applicable.

(2) Farm wineries/distilleries/breweries and cideries may include a tasting room and a retail sales area as designated on the approved site plan.

(3) All improvements located on the subject property shall be designed, constructed, maintained and operated in accordance with the standards of the New York State Building Code and shall at all times comply with the requirements of the New York State Health Department.

(4) All sanitary facilities shall be built and maintained in accordance with the requirements of the New York State Department of Health and the New York State Department of Environmental Conservation.

(5) Off-street parking facilities shall be provided in accordance with the requirements of Subsections Z and BB of this § 235-7, and shall be specifically designated on the approved site plan.

(6) All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP of this § 235-7, and shall be specifically included on the approved site plan.

(7) All patron activities shall be conducted within the enclosed structures, or on exterior portions of the property specifically designated therefor on the approved site plan, and shall be limited to the hours of operation as approved by the Joint Planning Board. In reviewing the exterior portions of the property to be utilized for patron activity, the Planning Board shall consider the proximity of the operation to neighboring residential properties, and the impact of such activities on the peaceful enjoyment of the occupants of such residential property.

§ 235-8 SPO Scenic Overlay Protection District regulations.

A. In each zoning district which has the SPO District overlaid, the underlying district regulations as outlined in § 235-5 remain applicable, except as they are specifically modified by the provisions of this section for all land lying within the SPO District.

B. Single-wide mobile homes are prohibited within the SPO District.

C. Site plan approval requirement. Within the SPO District, site plan approval shall be required for the following uses and activities (including multifamily residential uses that are otherwise allowed without site plan review by Schedule A, Use Restrictions[1]):

(1) Construction of any structure greater than 700 square feet in footprint, including residential structures, on an existing undeveloped property (an area that lacks infrastructure, services and buildings, as of adoption).

(2) In any location that is visible from a publicly accessible place (any land or structure that is open to the general public, such as a public road, park, public school, recreation area, conservation area, or place of public accommodation such as a restaurant or hotel, excluding private retail and service businesses, offices and other private property which is open to the public, grading or other alteration of more than one acre of natural landscape, including the construction of roads and driveways, shall require site plan approval.

[1] Editor's Note: Said Schedule A is included as an attachment to this chapter.

D. Site plan approval exemptions. Within the SPO District, the site plan approval requirement shall not apply to the following:

(1) Agricultural uses, except for agriculture structures with a footprint exceeding 10,000 square feet.

(2) The repair and maintenance of existing structures.

(3) Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this section and still in effect.

(4) Clearing and grading associated with construction of unpaved hiking trails.

(5) Any other activity not included in Subsection C above.

(6) Double-wide, modular and stick built family homes are allowed without site plan, but must have a minimum of a 5/12 roof pitch and refer to guidelines in planning and design of the project.

E. General standards. Within the SPO District, site plan approval may be granted with appropriate conditions attached to the proposed activity:

(1) Will not significantly impair scenic character and will be aesthetically compatible with its surroundings.

(2) Will minimize the removal of native vegetation, except where such removal may be necessary to open up or prevent the blockage of scenic views and panoramas from publicly accessible places.

(3) Will locate and cluster buildings and other structures in a manner that minimizes their visibility from public places.

(4) Will not result in clearing a building site area, including accessory structures and parking areas (excluding the area required for driveways, parking and utility access), greater than one acre in area. This building site area shall be designated on the approval plan by a "building envelope" and all buildings and parking areas shall be located within the building envelope. Clearing for such disposal systems shall occur, to the maximum extent practical, where it will not detract from the visual protection purposes of this section.

(5) Will consider the use of shared driveways and access to adjacent parcels. The minimum recommended spacing between driveways on the same side of the street is 400 feet. Access connections on opposite sides of the street should be aligned or offset so as to eliminate left turn conflicts. The Planning Board, as part of site plan review, should evaluate the effect of proposed driveway locations on development of abutting properties. Proposals for shared driveways may require cross access easements (see Figures 1 and 2[2]).

[2] Editor's Note: See § 235-8F(4).

(6) Will comply with the requirements in Subsections G through J below, except where site plan features are screened from public roads or trails.

F. Landscape.

(1) A continuous green buffer at least 90 feet, to be measured from the edge of the blacktop or pavement, along Routes 12 and 12E and 50 feet deep along the other roads and trails, shall be retained. This buffer shall consist of native tree and shrubs, as well as fields, meadows and lawn areas. Bike paths and/or sidewalks may be constructed within this landscape buffer. This buffer requirement shall not apply in the immediate area around existing residences located within the buffer area.

(2) To the maximum extent practicable, existing trees, lawns and shrubs shall be preserved, unless they are proposed to be replaced by native trees or other native vegetation deemed appropriate by the Planning Board.

(3) Trees or appropriate screening shall be planted as deemed necessary by the Planning Board to reduce visibility of new structures from public roads or trails.

(4) Clear-cutting of trees shall be prohibited in any location where such clear-cutting would alter the crest line of a ridge when that crest line is viewed from any publicly accessible place.

Figure 1. Plan illustrating the negative impacts of multiple curb cuts-removal of vegetation, wasted pavement for parking, and hazardous vehicle entries and exits.

Figure 2. Plan illustrating limited and shared access. Minimize new driveways for infill commercial development

G. Architecture.

(1) Existing structures with historic or architectural significance, including barns shall be retained to the extent practical. Alterations to such structures shall be compatible with the architecture of the existing structure. New structures shall not negatively impact historic structures in their vicinity.

(2) The Planning Board shall consult the building form guidelines referred to in the preamble considering any applications under this section.

H. Maximum footprint. A maximum footprint of 30,000 square feet is recommended for nonresidential structures. NOTE: This maximum footprint would exclude agricultural structures, structures used in connection with educational, religious, or charitable uses, mobile home parks, campgrounds and all structures legally completed or granted a building permit, special permit, site plan approval, or variance prior to the adoption of this update. The purpose of this requirement is to maintain the historic scale and character of development along Clayton's scenic roads. The intent of this provision shall not be evaded through the placement of multiple large buildings on the same site or otherwise in a pattern that is inconsistent with the scale and character of the Town of Clayton.

I. Fences. Chain link fences and stockade or other fence designs that are in the front yard of the premises, that block visual access to land along the Route 12 and 12E corridors shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section.

J. Rural siting principles. New development in the SPO District will consider the general rural development principles contained herein and cited sources.

K. Photographic simulations. In connection with its consideration of a site plan review application within the SPO District, the Planning Board may require the applicant to conduct a photographic simulation in order to determine whether or not a proposed structure or activity will, when viewed from a publicly accessible place, adversely affect scenic quality.

L. Waivers. The Planning Board may waive one or more of the specific requirements of this section upon a written finding that such waiver will not impair the scenic preservation purposes of the SPO District. Any development which is the subject of a detailed visual assessment as part of an environmental impact statement shall be eligible for such waivers if supported by SEQR findings.

§ 235-9 Adult entertainment businesses.

Adult entertainment businesses shall be allowed by site plan review by the Joint Planning Board in the Industrial Districts. Adult entertainment businesses shall not be allowed in any other district.

A. Enabling authority. The Joint Planning Board of the Town/Village of Clayton is hereby authorized to review and approve, approve with modifications or disapprove site plan review consistent with Town Law §§ 274-a and 274-b in relation to adult entertainment businesses.

B. Definitions. For the purpose of this chapter:

ADULT BUSINESS

A commercial establishment that defines itself primarily through its exclusion of minors and, to a lesser extent, through its exterior signs and advertisements.

ADULT CABARET

A building or portion of a building regularly featuring dancing or other live entertainment if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the dancing or entertainment is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT ENTERTAINMENT BUSINESS

Any business entity which knowingly, or with reason to know, permits, suffers or allows private performance as defined in this chapter. "Adult Entertainment Business" also shall be defined to include but not be limited to adult cabaret, adult media outlet, adult mini-motion picture theater, adult motion picture theater, and any other specific adult businesses that might be included.

ADULT MEDIA

Magazines, books, videotapes, movies, slides or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT MEDIA OUTLET

An establishment that rents or sells books, magazines, videotapes, slides, movies or other media, and meets either of the following tests: more than 25% of the gross floor area is devoted to adult media; or more than 50% of the gross sales (including rentals) result from the sale or rental of adult media.

ADULT MINI MOTION-PICTURE THEATER

A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT MOTION-PICTURE THEATER

A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT USE

Adult use includes any use which, by its sexually oriented nature, is directed toward the adult population and excludes minors due to age. Such uses include an escort bureau, massage parlor, bathhouse or hourly motel, an adult motion-picture theater, an adult mini motion-picture theater, and adult media outlet.

ADULT USE, LICENSED

An escort bureau, adult entertainment establishment, massage parlor or bathhouse licensed under other ordinances, local laws or by a state agency.

CIVIC FACILITY

Buildings, structures, and uses owned and operated by the Town of Clayton and regularly used for neighborhood meetings and other forms of public assembly.

HISTORIC RESOURCE

Any historic building, structure, facility, site or district, or prehistoric site that is listed on the State and/or National Registers of Historic Places. Any historic building, structure, facility, site or district, or prehistoric site that has been proposed by the New York Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register of Historic Places. Any locally significant historic resource designated pursuant to Article 5-K of the New York State General Municipal Law.

PARK

Any public or private land available for recreational, educational, cultural, or aesthetic use.

PRIVATE PERFORMANCE

Engaging in specified sexual activities or the display of any specified anatomical area by an employee to a person other than another employee while the person is in an area not accessible during such display to all other persons in the establishment or while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of all persons outside the area.

RELIGIOUS INSTITUTION

An institution that people regularly attend or reside in to participate in or hold religious services, meetings, or other activities. A religious institution includes churches, synagogues, temples, monasteries and convents.

SCENIC RESOURCE

Any road, highway, lane, district, or corridor designated pursuant to Article 49 of the New York State Environmental Conservation Law. Any area designated a scenic area of statewide significance pursuant to New York State's Coastal Management Program (19 NYCRR 602.5). The Seaway Trail, Zenda Farms, and French Creek Wetlands are some examples of scenic resources.

SCHOOL

A facility, either public or private, that provides a curriculum of elementary and/or secondary academic instruction, including kindergartens, elementary schools, junior high schools and/or high schools.

SPECIFIED ANATOMICAL AREAS

These include:

(1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse or sodomy or fondling of or other touching or other erotic touching of human genitals, pubic region, buttock or female breast.

C. Inclusion of terms. For the purposes of this section, all uses set forth in Subsection B, Definitions, the terms "adult cabaret" through and including "adult use, licensed," shall be known as "adult entertainment businesses."

D. Concentration of adult entertainment businesses. No adult uses shall be located within 500 feet of any other adult uses.

E. Location. No adult entertainment business shall be permitted unless located within zone "Industrial," in which such businesses are permitted and, in addition, the structure of the adult entertainment business is located no closer than:

(1) Five hundred feet from the property line of any of the following:

(a) Public or private school.

(b) Religious institution.

(c) Licensed day-care center, nursery school or preschool.

(d) Public library.

(e) Public park, playground or forest preserve.

(f) Public recreation center.

(g) Civic facility.

(h) Historic resource.

(i) Waterfront Overlay District.

(j) Scenic resource.

(2) Two hundred fifty feet from a residential zone.

(3) One hundred feet from a highway (road) right-of-way.

F. Nonresidential. No adult use shall be located in any building that is used in whole or in part for residential uses.

G. Appearance. All building openings, including doors and windows, shall be located, covered or screened in such a way as to prevent a view into the establishment from any public street, sidewalk or parking area. Interior signs, displays or other advertisements containing nude, seminude, or provocative pictures shall not be visible from the exterior of the establishment.

H. Exterior signs. As a condition of approval of any adult use, there shall be a restriction that there shall be no outdoor sign, display or advertising of any kind other than one identification sign limited to only the name of the establishment. Such sign shall be reviewed by the Planning Board in conjunction with the site plan review and shall conform to all signage requirements of this chapter.

I. Noise reduction. Loudspeakers or sound equipment used by adult uses shall not be audible by the public from any public street, sidewalk or parking area.

J. Traffic patterns. The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volume on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.

K. Parking. The use makes provision for safe and adequate off-street parking in accordance with these regulations. Parking should consist of one space per 100 square feet of gross floor area plus one space for each employee, at a minimum.

L. Design and use. The use and proposed design of the building and other structures and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including, but not limited to, traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.

M. Impact. The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community.

N. Amortization of existing adult entertainment businesses. Any adult entertainment business lawfully operating on the effective date of this chapter and not licensed as required by this chapter shall have 30 days to apply for a license as authorized by this chapter. In the event such license is denied because the business cannot be operated in a location or manner as permitted by this chapter, such operation shall be deemed a nonconforming use. Such nonconforming use shall be permitted to operate for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

§ 235-9.1 Solar energy systems.

[Added 9-25-2019 by L.L. No. 2-2019]

The requirements of this chapter shall apply to all solar energy systems, including residential, commercial and multifamily installed or modified after the effective date of its adoption, excluding general maintenance and repair and building-integrated photovoltaic systems. All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code") and applicable Town of Clayton Code. Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing in this provision shall be construed to prohibit "collective solar" installations or the sale of excess power through a "net billing" or "net-metering" arrangement in accordance with New York Public Service Law section 66-j or similar state or federal statute.

A. Definitions.

ACCESSORY STRUCTURE

A structure, the use of which is customarily incidental and subordinate to that of the principal building and is located on the same lot or premises as the principal building.

ALTERNATIVE ENERGY SYSTEMS

Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.

ALVAR

A biological environment based on a limestone plain with thin or no soil and, as a result, produces sparse grassland vegetation with prairie-like plants.

ARRAY

Any number of electrically connected photovoltaic (PV) systems providing a single electrical output.

BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM

A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.

CHARACTER AREA

A portion of a town or community with distinct features and characteristics that differ from neighboring areas.

COMMUNITY DISTRIBUTED SOLAR ENERGY SYSTEM

A solar energy system consisting of all associated structures and infrastructures, including associated control or conversion electronics where the energy produced is used by a cooperative. It may consist of shared ownership, possibly with a developer, local farmers, businesses, schools, municipalities and/or residents to reduce their energy costs.

FARMLAND OF STATEWIDE IMPORTANCE

Land, designated as farmland of statewide importance in the U.S. Department of Agricultural Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that is of statewide importance for the production of food, feed, fiber, forage and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.

FLUSH-MOUNTED SOLAR PANEL

Photovoltaic and solar thermal panels and support systems that are installed on the surface of a roof parallel to the roof surface and which cannot be angled or raised.

GLARE

The effect by reflection of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity.

INTERCONNECTION

The technical and practical link between the solar photovoltaic energy system and the grid providing electricity to the community.

KARST

Landscape underlain by limestone which has been eroded by dissolution, producing ridges, towers, fissures, sinkholes and other characteristic landforms.

LARGE-SCALE SOLAR PHOTOVOLTAIC ENERGY SYSTEM

A solar photovoltaic energy system that is ground-mounted and produces energy 5 Mw and above primarily for the purpose of off-site sale or consumption.

LOT COVERAGE FOR SOLAR FACILITY

The total horizontal dimension covered by all solar panels, equipment and structures associated with the project.

NATIVE PERENNIAL VEGETATION

Native wildflowers, forbs and grasses that serve as habitat, forage and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

NET METERING AGREEMENT

An agreement with a local electric utility company that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.

PHOTOVOLTAIC (PV) SOLAR ENERGY SYSTEMS

A solar energy system that produces electricity by use of semiconductor devices called photovoltaic cells that generate electricity whenever sun light strikes them.

POLLINATOR

Bees, birds, bats and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

PRIME FARMLAND

Land, designated as prime farmland in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these land uses.

PRINCIPAL USE

The primary or main use of premises, buildings or structures, as different from an accessory use, building or structure.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the related hazards. Persons listed as eligible photovoltaic installers on the New York State Energy Research and Development Authority (NYSERDA) or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP) shall be deemed to be qualified solar installers for the purpose of this definition.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.

SMALL-SCALE SOLAR PHOTOVOLTAIC ENERGY SYSTEM

For the purpose of this section, the term small-scale solar refers to solar photovoltaic systems that produce from up to and including l0Kw per hour of energy or solar-thermal systems which serve the building to which they are attached, and do not provide energy for any other buildings.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade including the orientation of streets lots and adjacent parcels to the sun so as to permit the use of active or passive solar energy systems on individual properties.

SOLAR EASEMENT

A required easement recorded pursuant to NY Real Property Law section 335-b, for the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both Solar Panels and Solar Energy Equipment.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

SOLAR-THERMAL SYSTEMS

Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water.

VIEW-SHED

A computer-generated map or model of the view of an area from specific vantage points. It includes all surrounding points that are in line-of-sight with that location and excludes points that are beyond the horizon or obstructed by terrain and other features. Conversely, it can also refer to an area from which an object can be seen.

B. Applicability. The requirements of this section shall apply to all solar energy systems, including residential, commercial and multifamily installed or modified after the effective date of its adoption, excluding general maintenance and repair and building-integrated photovoltaic systems. All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code") and applicable Town of Clayton Code. Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing in this provision shall be construed to prohibit "collective solar" installations or the sale of excess power through a "net billing" or "net metering" arrangement in accordance with New York Public Service Law section 66-j or similar state or federal statute.

C. Standards for small-scale solar systems as an accessory use,

(1) Roof-mounted solar energy systems.

(a) Roof-mounted solar energy systems that use the energy on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. Prior to installation, a valid zoning permit shall be obtained through the Joint Town/Village of Clayton Code Enforcement Officer.

(b) Roof-mounted solar energy systems require a building permit. All work shall be completed in accordance with the NYS Building and National Electric Code.

(c) Height. Solar energy systems shall not exceed the maximum height restrictions for structures in the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical device or equipment. Such structures shall not obstruct solar access to neighboring properties. Respective height restrictions are the same for flat or pitched roofs.

(d) Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:

[1] Panels must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and the highest edge of the system.

[2] Roof-mounted solar structures shall be color coordinated to harmonize with roof material and other colors of the structure.

[3] Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways. Solar panels shall have anti-reflective coating.

(e) Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review under the local zoning code or other land use regulations.

(2) Ground-mounted solar energy systems.

(a) Ground-mounted solar energy systems that use the energy primarily on site are permitted as accessory structures with a zoning permit within all zoning districts.

(b) Ground-mounted solar arrays require a building permit. All work shall be completed in accordance with the NYS Building Code and National Electric Code.

(c) Height. Ground-mounted solar energy systems that use the electricity primarily on site shall not exceed 15 feet in height located on one acre or more and eight feet in height located on less than one acre when oriented at maximum tilt.

(d) Lot coverage. Systems are limited to the same maximum lot coverage permitted for the zoning district within which it is located. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.

(e) Setbacks. Ground-mounted solar energy systems shall adhere to the setback requirements of the underlying zoning district. All solar collectors must be located in compliance with DEC and federal flood plain regulations and specifications as they pertain to waterways, waterbodies, and designated wetlands. LWRP guidelines shall also be considered if said project is located within the LWRP overlay.

(f) All ground-mounted systems in the Marine Residential and Marine Development Districts on waterfront property shall not be placed between the principal structure and the water.

D. Standards for large-scale solar systems as a special use.

(1) Large-scale solar energy systems are permitted through the issuance of a special use permit within the Agricultural Rural Residential and Industrial Districts subject to the requirements set forth in this section, including site plan criteria. Applications for the installation of a large-scale solar energy system shall be reviewed by the Joint Town/Village of Clayton Code Enforcement Officer and referred, with comments, to the Joint Town/Village of Clayton Planning Board for its review and action, which can include approval, approval on conditions, or denial.

(a) All solar energy systems shall be designed by a NYS licensed architect or engineer and installed in conformance with the applicable international building Code, International Fire Prevention Code and National Fire Association (NFPA) 70 standards, and National Electric Code.

(b) All solar collectors must be located in compliance with DEC federal flood plain regulations and specifications as they pertain to waterways, waterbodies and designated wetlands. Local LWRP regulations may also apply.

(2) Special use permit application requirements. A special use permit application shall be subject to the requirements set forth in Exhibit A, which is part of this section[1] and shall include the following provisions:

(a) If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

(b) Plans showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

(c) The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

(d) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

(e) Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system is no longer being used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel(s) to its original state prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared, stamped and signed by a professional engineer and/or architect. Cost estimates shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the Town of Clayton may remove the system and restore the property and impose a lien on the property to cover these costs to the Town of Clayton.

(f) FAA requirements. If the proposed site is near an airport, seaplane base or established flight zone, such solar system must meet all Federal Aviation Administration requirements.

(g) Utility notification and approval. No large-scale solar energy system shall be constructed until evidence has been presented to the Town Board of the Town of Clayton that the utility company that operates the electrical grid where the installation is to be located has agreed to the proposed interconnection.

(h) Lighting. No large-scale solar energy system shall be continually artificially lighted. Lighting shall be limited to lights as needed by solar array personnel while present at the site. Temporary lighting to be arranged so as not to spill onto contiguous properties and comply with "dark skies" guidelines.

(i) Lightning protection. All large-scale solar energy systems shall have adequate lightning protection via internal lightning arrestors, surge protectors or sufficient grounding.

(j) Location. Large-scale solar energy systems shall not be installed in any location where the solar installation or systems operation may interfere with existing fixed broadcast, retransmissions, or reception antennae for radio, television, or wireless phone, unless such interference can be mitigated.

(k) Saturation. In considering whether to issue a special use permit, the Joint Town/Village of Clayton Planning Board shall consider the proximity of similar large-scale solar energy systems to the one being proposed. In no event shall a large-scale solar energy system be placed in the St. Lawrence River view-shed of an existing large-scale solar energy system, without specific findings by the Joint Town/Village of Clayton Planning Board that such placement does not adversely affect the community character of the surrounding properties.

(l) Public hearing. No action shall be taken by the Joint Town/Village of Clayton Planning Board to issue a special use permit for a large-scale solar energy system until after public notice and public hearing(s) conducted pursuant to the requirements for special use permits.

(m) Stormwater management plan. The applicant will submit a stormwater management plan, certified by a professional engineer that demonstrates stormwater runoff will infiltrate into the ground beneath at a rate equal to that of the infiltration rate prior to the placement of the system.

(n) View-shed analysis. A digital evaluation model-based project visibility map showing the impact of topography upon visibility of the project from any affected location. Visual analysis of the proposed impact on the view-shed affecting the character and quality of the Town of Clayton.

(o) Plot plan. The plot plan shall include the following:

[1] Property lines and physical dimensions certified by a licensed surveyor of the proposed site, including contours at two-foot intervals both before and after construction;

[2] Location, approximate dimensions and types of all existing structures and uses on the site;

[3] Location and elevation of the proposed solar energy system;

[4] Drawings of the proposed solar energy system installation showing the proposed layout of the solar energy system;

[5] Electrical diagram detailing the installation, associated components and electrical interconnection methods with all National Electric Code compliant disconnects and other current devices;

[6] Documentation of the major system components to be used including, PV panels, mounting system and inverters;

[7] Location of all existing aboveground utility lines and other on site solar energy conversion systems within 1,200 linear feet of the site;

[8] Where applicable, the location of all transmission facilities proposed for installation;

[9] Location of all roads and other service structures proposed as part of the installation;

[10] Soil type at construction site;

[11] A detailed screening and landscaping plan specifying locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening;

[12] The site plan shall depict the location and extent of prime soils, prime soils if drained, soils of statewide importance, and indicate whether the parcel(s) is/are receiving an agricultural valuation. The site plan shall also depict the location and extent of current agricultural uses on the land (e.g., rotational crops, hay land, unimproved pasture, support lands, and fallow lands) the location of diversions and ditches, and areas where tile drainage has been installed.

[13] The site plan shall denote the structures for overhead collection lines, preferably along field edges and nonagricultural areas. The plan should demonstrate that interconnect cables and transmission lines are to be buried in agricultural fields wherever practical and at least at a minimum depth of 48 inches of cover in cropland, hay land and New York State prime agricultural land.

[14] The plan shall denote the potential impact on historic/cultural sites, the possible impact on at risk wildlife, flora and fauna, the disruption of a karst landscape and the impact on scenic views important to the Town of Clayton as identified by the most recent version of the Town/Village of Clayton Comprehensive Plan.

(p) Public roadways. All Town roads used to access large solar energy systems shall be inspected and documented before construction commences and after construction completion, reviewed by the Town Engineer, Highway Superintendent and project owner. Any substantial road damage deemed cause by the project owner shall be repaired to preexisting conditions.

[1] Editor's Note: Exhibit A is included as Attachment 3 at the end of this chapter.

E. Waiver of requirements. The Joint Town/Village of Clayton Planning Board may upon review and with due consideration waive one or more submission requirements imposed herein. Relief from other requirements must be made by way of an area or use variance from the Joint Town/Village of Clayton Zoning Board of Appeals.

(1) Special use permit standards.

(a) Height. Large-scale solar energy systems shall adhere to the height requirements of the underlying zoning district.

(b) Setbacks. Large-scale solar energy systems shall adhere to the setback requirements of the underlying zoning district. In addition, a minimum fifty-foot setback shall be maintained between any adjoining residence property line, unless a solar easement is awarded from the respective property owner and a large-scale solar energy system.

(c) Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed 60% lot coverage of the lot on which it is installed. The surface area covered by Solar Panels shall be included in total lot coverage.

(d) Fence. Large-scale solar energy systems are to be enclosed by fencing. The fencing shall be reviewed and approved by the Joint Town/Village of Clayton Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.

(e) Screening. All large-scale solar energy systems shall have the least visual effect on the environment, as determined by the Joint Town/Village of Clayton Planning Board. Based upon site-specific conditions, including topography, existing structures, roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to adjacent residential properties, public roads and from public sites known to include important views or vistas. Screening should minimize the shading of solar collectors. Appurtenant structures such as inverters, batteries, equipment shelters, storage facilities and transformers should be screened from adjoining residences.

(f) Signage. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, temporary or permanent, are prohibited on solar equipment except manufacturer's or installers identification; appropriate warning signs and placards; signs that may be required by a federal agency; and signs that provide a twenty-four-hour emergency contact phone number and warn of danger .

(g) Glare. Solar Panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, roadways or visually sensitive features as designated by New York State and/or federal authorities as historically significant or as noted in the Town/Village of Clayton Comprehensive Plan or Local Waterfront Revitalization Program.

(h) Noise. Noise-producing equipment such as substations and inverters shall be located to minimize noise impacts on adjacent properties. Their setback from property lines should achieve no discernable difference from existing noise levels at the property line.

(i) Access. A road shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Access roads shall be gated at the point of connection with public roadways. Roadways within the site shall be built along field edges and along elevation contours where practical, constructed at grade and have a maximum width of 16 feet. Roadways shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

(j) Any application under this section shall meet any substantive provisions contained in local special permit requirements in the zoning code that, in the judgment of the Town of Clayton, are applicable to the system being proposed.

(k) The Joint Town/Village of Clayton Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

F. Abandonment. Solar energy systems are considered by the Town of Clayton abandoned after 12 months without electrical energy generation and must be removed from the property. Applications for extensions are reviewed by the Joint Town/Village of Clayton Planning Board for a period of six months. The site shall be restored to its original condition within one year of abandonment determination.

G. Security. The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonable acceptable to the Town Attorney and/or Engineer, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restoration of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the large solar energy system and restoration of the property with an escalator of 2% annually for the expected life of the large solar energy system. In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town of Clayton, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed. In the event of default or abandonment of the large solar energy system, the system shall be decommissioned as set forth in this section.

H. Solar rights.

(1) Pursuant to § 263 of New York Town Law, all parcels within the Town of Clayton shall be permitted to enjoy access to direct sunlight.

(2) No structure shall be constructed or vegetation installed that limits direct solar access greater than 50% of the ground surface of adjoining lots to less than six hours on any day of the year.

I. Ownership changes. If the owner or operator of the large solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval and decommissioning plan. A new owner or operator of the large solar energy system shall notify the Code Enforcement Officer of such change in ownership or operator within 30 days of said change(s).

§ 235-10 Sanitary regulations.

Septic systems for individual homes are permitted and regulated by the Town of Clayton Fire Prevention and Building Codes Office and the New York Department of Health.

§ 235-11 Structures taller than general district regulations.

[Amended 5-10-2017 by Amdt. No. 40[1]]

Structures taller than height limits outlined in each district's regulations in § 235-5 and permitted uses within this section may be allowed by special use permit by the Joint Planning Board. Unless otherwise specified in this section, structures taller than 250 feet are not permitted in any district.

A. Enabling authority. The Joint Planning Board is hereby authorized to review and approve, approve with modifications or disapprove special use permits consistent with Town's Comprehensive Plan adopted February 8, 2017, and Town Law §§ 274-a and 274-b in relation to site plan reviews and special use permits.

B. Legislative intent.

(1) The residents of the Town of Clayton have expressed a strong desire to maintain a small town atmosphere with close ties to the St. Lawrence River (re: 1995 and 2015 Comprehensive Plan community surveys). The Town of Clayton has as one of their prime sources of revenue the visitors and summer residents that come here to enjoy the beautiful area, especially the scenic St. Lawrence River. Sound land use planning dictates that all that is possible be done to preserve the aesthetic quality of this area.

(2) The Town of Clayton recognizes the increased demand for alternative energy power generation, telecommunication facilities, and infrastructure that may occasionally require departure from the general height restrictions defined in § 235-5. The intent of this section is to ensure the siting of these tall structures in a manner consistent with sound land use planning by:

(a) Minimizing visual effects through careful structure design, site planning, and proper screening. Submission of a visual environmental assessment form with a special use permit application guides the Planning Board in review of proposed visual impacts. At the discretion of the Planning Board, additional visual studies or a local waterfront revitalization plan (LWRP) review may be required of any application.

(b) Ensuring adequate safety and protecting public health and welfare through proper engineering, safeguards, and careful siting of tall structures.

(c) Reducing the number of tall structures needed by maximizing the use of any new (i.e., build for shared use) or existing structure and encouraging the use of any existing building and/or structure.

C. Special use permit standards.

(1) Any request for a tall structure as defined in this section shall be considered a Type I Action under the New York State Environmental Quality Review Act.

(2) No tall structure shall hereafter be used, erected, moved, reconstructed, changed or altered except after the approval of a special use permit and in conformity with these regulations. No existing structure shall be modified unless in conformity with these regulations.

(3) These regulations shall apply to all districts in the Town.

(4) Exceptions to these regulations are limited to new uses that are accessory to residential uses and lawful or approved uses existing prior to the effective date of these regulations.

(5) Where these regulations conflict with other laws and regulations of the Town of Clayton, the more restrictive shall apply, except for structure height and setback restrictions which are governed by these special use standards.

(6) Reasonable site planning precautions shall be engineered so risks to life, property, wildlife, forested areas, wetlands, and repurposing of agricultural acreage shall be minimized.

(7) No special use permit shall be issued for the new use of a preexisting tall structure unless the proposed use is deemed by the Joint Planning Board to be in compliance with the Comprehensive Plan, the LWRP and the Chaumont River Corridor Waterfront Revitalization strategy plan.

D. Shared use.

(1) At all times, shared use of existing structures shall be preferred to the construction of new structures. Additionally, where such shared use is unavailable, location of antenna(s) on preexisting structures shall be considered. An applicant shall be required to present an adequate report listing existing tall structures within a reasonable distance of the proposed site and the possible use thereof.

(2) The applicant shall pay all reasonable fees and costs of adapting an existing structure to a new shared use. These costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or lease required to accommodate shared use.

E. Use-specific regulations.

(1) Residential and commercial buildings and their accessory use(s) may by special use permit allow tall structures not in accordance with regulations for the underlying district if the tall structure does not detract from the character of the surrounding structures and neighborhood.

(2) Telecommunication facilities may be allowed by special use permit in the Agricultural and Island Residential (A-IR), Agricultural and Rural Residential (AR), Industrial (ID), Marine Development (MD), and Marine Residential (MR) Districts only if the applicant provides specific scientific evidence that the facility site is required to maintain adequate service. Telecommunication facilities in all other districts shall not be permitted. Telecommunication structures shall conform to static structure setback requirements of this section.

(3) Church steeples may be erected by special use permit in any district except Conservation (CON).

(4) Elevated water tanks connected to any public water supply system may be erected by special use permit in any district except Conservation (CON) and shall conform to static structure setback requirements of this section.

(5) Commercial and industrial smokestacks may be erected by special use permit only in the Agricultural and Rural Residential (AR) and Industrial (ID) Districts and shall conform to static structure setback requirements of this section.

(6) Small chimney flues from heating appliances attached to residential and commercial structures shall be permitted and inspected through a building permit as outlined in § 235-16C, do not require a special use permit, and are limited in height to five feet above the highest roof elevation. The structure and chimney may be subject to other permit requirements in this chapter.

(7) Amusement and carnival rides such as roller coasters and Ferris wheels shall conform to a static structure setback from parcel boundaries. Temporary installations associated with traveling shows installed for no more than 15 days do not require a special use permit. Installations for longer durations, including permanent structures, require a special use permit before construction.

(8) Any wind energy facility shall use its electricity for primarily on-site consumption to offset utility expenses and/or provide independence from the power grid, with ties to the electrical grid as approved by the utility company. Power production primarily for sale to the electrical grid shall not be permitted. Each facility shall conform to height and setback requirements of this section.

(9) Agricultural silos, barns, and other tall agricultural accessory use structures shall conform to the height regulations and special use permit requirements outlined in this section. Agricultural wind energy facilities shall conform to height, setback and special use permit requirements defined in this section.

(10) Public utility poles required for the delivery of electric, telecommunication, and/or streetlighting service(s) to customer premises may be erected without a special use permit in any district except the Conservation (CON) District. This section does not apply to telecommunication facilities, which is governed by Subsection E(2) of this section.

(11) No tall structure shall be permitted within the Town unless the structure's use is explicitly enumerated in this section. An applicant may petition the Joint Zoning Board of Appeals for use or area variances as required.

F. New tall structures.

(1) Any applicant seeking a special use permit under this section shall be required to submit a site plan as described in § 235-13 of this chapter. If the application is for a wind energy facility, the site plan shall also include documentation on the proposed capacity and uses as well as justification for the height of any structure and associated instrumentation or turbines. Additionally, all special use permit applications to the Joint Planning Board under this section shall require that the site plan include a completed visual environmental assessment form. The Joint Planning Board may require submittal of a more detailed visual analysis and/or local waterfront revitalization plan (LWRP) review, based on the results of the visual environmental assessment form.

(2) For new telecommunication structures, the applicant shall be required to submit a search ring prepared, signed and sealed by a licensed engineer in New York State and overlaid on an appropriate background map depicting the area within which a communication facility needs to be located, in order to provide proper signal strength and coverage to the target cell. The applicant must explain to the Joint Planning Board why it selected the proposed site and discuss the availability or lack thereof of a suitable structure within the search ring for co-location and the extent to which the applicant has explored locating the proposed structure in a less sensitive area. All correspondence with other telecommunication providers shall be included as part of the application.

(3) In the interest of minimizing the number of new tall structures, the Joint Planning Board shall require as a condition of any permits granted, that the applicant indicate in writing its commitment to co-location of other uses on its tower(s). The applicant will agree to negotiate in good faith for shared use of the proposed tower by other co-locators in the future. The condition for future co-location may not be required if the applicant demonstrates that provisions of future shared usage are not feasible based on:

(a) Whether the kind of structure and site plan proposed is compatible with co-located uses.

(b) Whether there are already adequate available spaces on other existing and approved structures.

(c) Whether the potential for adverse visual impact of a new or changed structure would be increased by a design accommodating shared use and co-location.

(4) All structures shall be sited to minimize the adverse visual effect on the environment.

G. Setbacks.

(1) Tall structures supporting only nonmoving instruments shall maintain a property line setback of 1 1/2 times the total structure height. The setback measurement shall begin from the outermost edge of the structural base.

(2) Tall structures supporting any moving features or parts larger than one meter in diameter, including but not limited to a wind energy facility, shall maintain a property line setback of 5.5 times the total structure height. For wind energy facilities, the setback measurement shall start from the outermost point of any turbine blade at any directional position on the tower or outermost edge of the structural base, whichever is further from the central vertical axis of the tower. Tall structures with moving features or parts larger than one meter in diameter shall not be permitted closer than four miles to the high water mark of the St. Lawrence River, inclusive of the French Creek Basin, nor within 2,000 feet of the Hamlet (H), Residential (R-1), or the CRCWRA Zoning District boundaries.

(3) Setbacks shall apply to all structural foundations, appurtenances, and turbine parts excluding guy wires and anchors. All accessory structures shall comply with the existing setbacks within the underlying district regulations found in § 235-5.

(4) Guy wires and anchors shall have a minimum fifteen-foot setback from any structure or property line.

(5) In no case shall setbacks be less than the existing setbacks within the underlying district.

(6) Additional setbacks may be required by the Joint Planning Board to preserve privacy or protect health, safety and welfare of adjoining property owners.

H. Height. Any applicant for a special use permit for a tall structure shall submit information to justify the proposed height as the minimum necessary to achieve its use and coverage objectives. Tall structures exceeding 250 feet in height are not permitted in the Town of Clayton without an area variance from the Joint Zoning Board of Appeals.

I. Lighting.

(1) Tall structures shall not be artificially lit except to assure human safety as required by the FAA and employ ground-avoidance in lighting fixture selection. Aviation safety lighting shall be night-vision-goggle compliant.

(2) Tall structures shall be galvanized finish or painted gray unless other standards are required by the FAA. Structures should be designed and sited, including height limitations, so as to avoid, whenever possible, application of the FAA lighting and painting requirements.

(3) Ground-based floodlights use for nighttime illumination shall minimize light dispersion and pollution in directions other than onto the structure. The Planning Board may impose additional restrictions regarding illumination to reduce impacts to adjoining parcels and maintain neighborhood character.

J. Screening.

(1) Existing on-site vegetation shall be preserved to the maximum extent possible.

(2) Deciduous or evergreen tree planting may be required to screen portions of the structure(s) from nearby property.

K. Parking. The applicant shall provide a single-lane service road to assure adequate emergency and service access. Road construction shall be consistent with proper practice to reduce loss of vegetation and eliminate soil erosion.

L. Supporting documentation.

(1) All information prepared by the manufacturer of the proposed structure, tower, instruments and/or turbine (if a wind energy facility), including but not limited to:

(a) Make and model of tower or structure.

(b) Manufacturer's design data for installation instructions and construction plans.

(c) Applicant's proposed maintenance and inspection procedures and records systems.

(d) Anti-climb devices for the structure and any guy wires.

(2) A copy of the applicants FCC and/or FAA licenses (if applicable).

(3) When shared use is possible, an engineer's report certifying that a proposed shared use will not diminish the structural integrity and safety of the existing tall structure or explaining what modification(s), if any, will be required in order to certify to the above.

(4) Documentation from the owner of an existing tall structure or tower for allowed shared use.

(5) Documentation that all guy wires, guy wire anchors and structures shall be sufficiently secured to protect them from trespassing or vandalism.

(6) The applicant shall agree in writing to keep the tall structure facility, including road and all surrounding area in good working order and safe condition.

M. Removal of obsolete and/or unused tall structures.

(1) The applicant shall agree, in writing, and post a bond or other security acceptable by the Joint Planning Board approximate to the sum of anticipated removal expenses at the end of useful service, to remove the structure if the facility becomes obsolete, damaged beyond use, or ceases to be used for its intended use for 12 consecutive months. After that twelve-month period, removal shall take place within six months. Such agreement shall also include a commitment by the applicant to impose a similar obligation upon any person subsequently securing any rights to the structure.

(2) All applicants applying for tall structure special use permits shall reimburse the Town of Clayton for fees incurred for consultants and/or specialists to assist in the application and/or engineering costs, and may be required to enter into an agreement and maintain a fund with the Town for such purpose.

(3) The owner of any tall structure shall have it inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Town of Clayton Zoning Enforcement Officer.

[1] Editor's Note: This Amdt. No. 40 also repealed original Art. X, Telecommunication Facility, which this new § 235-11 replaced.

§ 235-12 Special use permits.

[Amended 5-10-2017 by Amdt. No. 40]

In every case where a special use permit is required by this chapter, such special use shall be granted by majority vote of the Joint Planning Board following a public hearing held upon five days' notice published in the Town's officially designated newspaper. Such public hearing must be held within 62 days of the application for the special use permit application. Written notice shall be provided to all adjacent property owners and all neighboring property owners within a five-hundred-foot radius of any portion of the applicant's property. In addition, for tall structure applications, written notice shall be provided to neighboring property owners in a radius of ten times the proposed structure's maximum height.

A. Additional standards for special use permits. The Joint Planning Board may impose additional standards on the special use permit to adequately safeguard the health, safety, morals and general welfare of the public, to preserve the general character of the neighborhood, to minimize detrimental effects on nearby property, and to protect the scenic, aesthetic and environmental qualities of the area.

B. Standards applicable to all special use permits. Special use permits may be issued only after the Joint Planning Board has found that all the following standards and conditions have been satisfied:

(1) The use possesses characteristics that will blend desirably with the neighboring properties and will secure the objectives of this chapter.

(2) The location, size of the structure, magnitude, nature and intensity of the operation involved, size of the site in relation to the size of the operation, and the location of the site with respect to the roads and/or waters giving access to it are such that it will be in harmony with the orderly development of the district.

(3) The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of nearby land and buildings or impair their value.

(4) The use will not conflict with any master plan, or part thereof.

(5) The proposal will not impair the public health, safety or general welfare nor unreasonably increase traffic congestion.

(6) The proposal will not produce significant dust, odors, noise, lighting glare, vibration or nuisance.

(7) The proposal provides for adequate parking in accordance with the provisions of this chapter.

C. Additional requirements and procedures for the issuance of a special use permit.

(1) Each application for a special use permit shall be completed on a form provided by the Town and shall be accompanied by the following:

(a) Legal description of the subject premises, including a recent survey.

(b) Detailed enumeration of activities to be conducted on the premises.

(c) Drawings of structures, parking, docking, pavements, access routes and other physical construction on the site, and, where required by the Joint Planning Board, a site plan showing all significant distances and dimensions.

(d) Study of proposed traffic impact.

(e) Sketches of proposed landscaping and buffering as required by this chapter.

(f) SEQR environmental assessment form, full form or short form, as specified by 6 NYCRR Part 617, State Environmental Quality Review Act.

(g) Filing fee, as set by the Town Board.

(2) All applications for special use permits shall be reviewed by the Joint Planning Board to assure that the requirements of this section have been met. Following such review, the Joint Planning Board shall, within 62 days, make its decision to reject, accept or accept conditionally the application. Within five days thereafter, the Joint Planning Board shall notify the applicant in writing of its decision and in case of rejection or conditional acceptance, the reasons therefor. In the event that it sets conditions for acceptance, the applicant shall have 45 days from the date of the decision in which to submit a revised application. The Joint Planning Board shall within 62 days reach its final decision and within five additional days, inform the applicant. Should changes or additional facilities be required by the Joint Planning Board, final approval of the special use permit shall be conditioned upon the satisfactory compliance by the applicant with the changes or additions required.

(3) Before taking final action to approve any special use permit application affecting property within 500 feet of the boundaries of any county, town or village, or within 500 feet of any existing or proposed state or county park or recreation area, or within 500 feet of the right-of-way of any existing or proposed state or county road or highway, or within 500 feet of the existing or proposed boundary of any state or county-owned land on which a public building or institution is located, the Joint Planning Board shall refer such special use permit application to the Jefferson County Planning Board for its review and action.

(4) In accordance with the provisions of General Municipal Law, Article 12-b, § 239-m, the Jefferson County Planning Board is required to report its recommendations to the Joint Planning Board within 30 days after receipt of such referral, or such longer period as mutually agreed, or the Joint Planning Board may take action without such report. If the Jefferson County Planning Board disapproves the proposal or approves the proposal with conditions, the Joint Planning Board may ignore the recommendation and approve the proposal, but only by vote of a majority plus one of its members and only after adoption of a resolution fully setting forth the reasons for such contrary action.

(5) Within 30 days after taking final action on the proposal, the Joint Planning Board shall notify the Jefferson County Planning Board of the final action taken thereon.

D. Existing violations. No special use permit shall be issued for a special use for any property where there is an existing violation of this chapter or any other Town law, ordinance or regulation.

E. Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Joint Zoning Board of Appeals for an area variance pursuant to Article 16, § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

F. Waiver of requirements. The Joint Planning Board is authorized to waive, when reasonable, any of the requirements of this section for the approval, approval with modifications or disapproval of special use permits submitted for approval. Such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.

G. Costs and fees. Costs incurred by the Joint Planning Board or other Town department for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of a proposed special use permit application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

H. Expiration. A special use permit shall authorize only the specific use of the site for which it was issued. It shall expire if the special use ceases for more than one year for any reason. In the event that the applicant fails to execute the terms and conditions of the special use permit within 18 months after its issuance, the special use permit shall expire.

I. Subsequent changes. Any applicant wishing to make substantial changes in an already approved special use permit shall submit a revised site plan proposal to the Joint Planning Board for review and approval. The Joint Planning Board shall follow the same procedural steps detailed above in Subsections A, B and C in reaching its final decision and informing the applicant.

§ 235-13 Site plan review and approval.

All uses requiring site plan approval shall have prior site plan review and approval by the Joint Planning Board before any zoning or building permit is issued for the use of the premises or the alteration or construction of any building thereon. The site plan and related drawings and documentation shall be submitted to the Joint Planning Board for review in accordance with the following procedures and standards:

A. Submission of preliminary site plan and supporting data. The owner shall submit a site plan and supporting data, including the following:

(1) A sketch of the property showing existing features, including contours, buildings, structures, pavement, trees over four inches in trunk diameter, streets, utility easements, rights-of-way, land use and adjacent property owners.

(2) Site plan showing proposed building locations and land use areas.

(3) Landscaping sketches, including design and grading and proposed planting and buffering as required by this chapter.

(4) Proposed traffic circulation and/or boat access, parking and loading spaces, docking and pedestrian walkways.

(5) Preliminary sketches and drawings for buildings to be constructed.

(6) Preliminary sketches, including outline of planned street improvements, drainage and sewage disposal systems and public utility extensions.

(7) Preliminary feasibility studies of any anticipated problems which might arise due to the proposed development (as required by the Joint Planning Board).

(8) Proposed construction sequence and anticipated time schedule for completion of each phase of building, paving and landscaping.

(9) Description of the proposed uses, including hours of operation, number of employees, anticipated volume of business, type and volume of traffic expected to be generated.

(10) SEQR environmental assessment form, full form or short form, as specified by 6 NYCRR Part 617, State Environmental Quality Review Act.

(11) Filing fee, as determined by the Town Board.

(12) Any other information or data that the Joint Planning Board shall deem necessary to its understanding and assessment of the site plan proposal.

B. Receipt and review. Upon receipt of the site plan application and supporting data, the Joint Planning Board shall examine the materials to determine whether the submission is complete. After the Joint Planning Board determines the preliminary site plan application is complete and concept approval given and within 62 days after the site plan application has been received, the Joint Planning Board shall schedule a public hearing to be held following at least five days' notice published in the Town's officially designated newspaper. Written notice shall also be provided to all adjacent property owners and all neighboring property owners within a five-hundred-foot radius of any portion of the applicant's property. In its review of the site plan and supporting data, the Joint Planning Board shall take into account the following considerations:

(1) Harmonious relationship between proposed uses and existing nearby uses.

(2) Maximum safety of vehicular and/or boat circulation between the site and the road network and/or adjoining waterways.

(3) Adequacy of internal circulation, parking, docking and/or loading facilities, with particular attention to vehicular, vessel and pedestrian safety.

(4) Design of landscaping, lighting, buffering and setbacks to achieve maximum compatibility and protection for nearby residential properties.

(5) Preventing adverse impact upon the environment and existing scenic and aesthetic values.

(6) Such other elements as may reasonably be related to the health, safety and general welfare of the community.

C. Final decision.

(1) Within 62 days after the public hearing, the Joint Planning Board shall make its final decision to approve, approve with conditions or reject the site plan proposal. Within five days thereafter, it shall notify the applicant and the Zoning Enforcement Officer in writing of its decision, and in case of rejection or conditional acceptance, the reasons therefor. The time within which the Joint Planning Board must render its decision may be extended by mutual consent of the applicant and the Joint Planning Board.

(2) Before taking final action to approve any site plan proposal affecting property within 500 feet of the boundaries of any county, town or village, or within 500 feet of any existing or proposed state or county park or recreation area, or within 500 feet of the right-of-way of any existing or proposed state or county road or highway, or within 500 feet of the existing or proposed boundary of any state or county-owned land on which a public building or institution is located, the Joint Planning Board shall refer such site plan proposal to the Jefferson County Planning Board for its review and action.

(3) In accordance with the provisions of General Municipal Law, Article 12-b, § 239-m, the Jefferson County Planning Board is required to report its recommendations to the Joint Planning Board within 30 days after receipt of such referral, or such longer period as mutually agreed, or the Joint Planning Board may take action without such report. If the Jefferson County Planning Board disapproves the proposal, or approves the proposal with conditions, the Joint Planning Board may ignore the recommendations and approve the proposal, but only by vote of a majority plus one of its members and only after the adoption of a resolution fully setting forth the reasons for such contrary action.

(4) Within 30 days after taking final action on the proposal, the Joint Planning Board shall notify the Jefferson County Planning Board of such final action.

D. Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Joint Zoning Board of Appeals for an area variance pursuant to Article 16, § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Performance bond or other security. As an alternative to the installation of required infrastructure and improvements, prior to approval by the Joint Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Joint Planning Board or a Town department designated by the Joint Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Joint Planning Board, shall be furnished to the Town by the owner. Such security shall be provided to the Town pursuant to the provisions of Town Law, Article 16, § 277, Subdivision 9.

F. Waive of requirements. The Joint Planning Board is authorized to waive, when reasonable, any of the requirements of this section for the approval, approval with modifications or disapproval of site plans submitted for approval. Such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.

G. Costs and fees. Costs incurred by the Joint Planning Board or other Town department for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of a proposed site plan shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

H. Subsequent changes. Any applicant wishing to make subsequent changes in an already approved site plan shall submit a revised site plan proposal to the Joint Planning Board for review and approval. The Joint Planning Board shall follow the same procedural steps detailed above in Subsections A, B and C in reaching its final decision and informing the applicant.

I. Expiration. In the event that the applicant fails to execute the terms and conditions set forth in the site plan proposal within two years after its final approval by the Joint Planning Board, said approval shall be deemed to have expired and any subsequent proposal shall require a new application and submission.

§ 235-14 State Environmental Quality Review (SEQR).

A. It shall be the responsibility of the Town Board, Joint Planning Board/Zoning Board of Appeals to determine the possible environmental significance of actions before it, in accordance with the provisions of 6 NYCRR Part 617, State Environmental Quality Review Act. If the Town agency determines that any such action possesses likely environmental significance, it shall require the preparation and/or submission of an environmental impact statement (EIS).

B. In so determining the possible environmental significance of any proposed action, the Town Board/Joint Planning Board/Zoning Board of Appeals shall bear in mind the mandate of the New York State Legislature in enacting § 8-0113 of the Environmental Conservation Law that "a suitable balance of social, economic and environmental factors be incorporated into the planning and decision-making processes. . .[and that] it is not the intention of SEQR that environmental factors be the sole consideration in decision making" [6 NYCRR 617.1(d)].

§ 235-15 Nonconforming lots, uses and structures.

A. General statement. Any use or structure that does not conform to the regulations prescribed by this chapter for the district in which it is located, but which was in existence at the effective date of this chapter and was lawful at the time it was established shall be deemed a nonconforming use or structure.

B. Continuance of nonconforming uses and structures.

[Amended 8-10-2016 by Amdt. No. 38]

(1) Any nonconforming use of any building, structure, land or premises that lawfully existed at the time of the adoption of this chapter may be continued, subject to all other provisions of this section.

(2) No such nonconforming use shall be increased by the erection or placement of any additional structures, or extension, or enlargement of existing structures, and the use shall not be enlarged to occupy a greater land area. A nonconforming structure may be altered if the alteration does not further encroach on a nonconforming setback or any other applicable zoning regulations within the district.

C. Changes in existing nonconforming uses and structures. No material change shall be made in any nonconforming use except a change to a use permitted under this chapter. Any change of a nonconforming use to another nonconforming use shall require approval by the Zoning Board of Appeals upon application for and interpretation that the requested use is not a material change in use from the existing nonconforming use. In making a determination that the use is not a material change from the existing nonconforming use, the Zoning Board of Appeals must determine that the use is similar in nature to existing nonconforming use, and will have similar impacts such as parking requirements, number of employees, volumes and traffic of customers or clients and other similar impacts. In addition, the requested use shall not occupy a greater footprint than the existing nonconforming use.

[Amended 8-10-2016 by Amdt. No. 38]

D. Nonconforming lots.

(1) Any undeveloped nonconforming lot of record having lot width, or lot depth, or both less than the minimum required by this chapter, may be developed with any compatible use listed in § 235-5 for the district in which the subject lot is located without requiring a variance, provided that such lot:

(a) Does not adjoin other property held by the same owner where sufficient land could be transferred to eliminate the nonconformity without reducing the remaining portion of said adjoining property to nonconforming status; and

(b) Has sufficient area, width, and depth to undertake development which will meet or exceed the dimensional standards for lots of record contained in § 235-5 of this chapter; and

(c) Otherwise satisfies all applicable provisions of this chapter.

E. Maintenance and repairs. Nothing in this section shall be deemed to prevent normal maintenance and repair of any nonconforming structure.

F. Abandonment or discontinuance. When a nonconforming use has been discontinued for a period of at least one year, it shall not thereafter be reestablished, irrespective of the reasons for discontinuance or the intent of the owner of the premises or any other person, and any future use shall be in conformity with the provisions of this chapter.

G. District changes and/or chapter amendments. When an area is transferred from one zoning district to a different zoning district or whenever an amendment is adopted to this chapter which changes permitted uses or other regulations governing existing districts, the above regulations set forth in Subsections A, B, C, D and E shall apply to any and all nonconforming uses created by such transfer and/or amendment.

H. Nonconforming mobile home parks and campgrounds. Within existing nonconforming mobile home parks and campgrounds, the setback for all new construction, alterations of existing structures, or renovation of existing structures shall be five feet from the mobile home or campground property line, and five feet from any adjoining lot within the mobile home park or campground.

[Added 8-10-2016 by Amdt. No. 38]

§ 235-16 Administration and enforcement.

A. Interpretation. The provisions of this chapter shall be held, in their interpretation and application, to be the minimum requirements for the promotion of the public health, safety and general welfare of the Town of Clayton and its inhabitants.

B. Zoning Enforcement Officer.

(1) The Town Board shall appoint a Zoning Enforcement Officer who shall have the authority to administer and enforce the provisions of this chapter throughout all areas of the Town outside the incorporated Village of Clayton, and who shall have the power and authority to make inspections of buildings and premises necessary to enforce this chapter. The Zoning Enforcement Officer shall have the authority to:

(a) Issue zoning permits.

(b) Issue certificates of compliance.

(c) Define and interpret district boundaries on the Town Zoning Map.

(d) Issue stop-work orders in the event of any violation of this chapter or the rules and regulations of any agency of New York State and/or Jefferson County.

(2) It shall be the duty of the Zoning Enforcement Officer to:

(a) Keep a record of all applications for zoning permits and all zoning permits issued with a specific notation of any conditions imposed or required.

(b) File and retain copies of all building and lot plans submitted. The same shall be available for the use of Town or other appropriate officials.

(c) Report periodically to the Town Board the number of zoning permits issued and the amount of fees.

(3) Zoning permits.

(a) No building or structure shall be erected, enlarged, altered or moved, no mobile home shall be located or moved, nor the use of said building, structure or mobile home commenced unless and until a zoning permit therefor has been issued.

(b) Applications for zoning permits shall be submitted to the Zoning Enforcement Officer and shall include two copies of a plot plan showing the actual dimensions of the lot, the size, height and location of the structure and any accessory buildings to be erected, the proposed location of the mobile home, and/or location and dimensions of the sewage system to be constructed. In each instance, the distances from the building line to all property lines, road or street rights-of-way and/or high water marks, as well as the location of adjacent properties, streams, ponds, marshes, wetlands or other features, together with all other information necessary to determine compliance with this chapter shall be provided by the applicant.

(c) A fee, as determined by the Town Board, shall be paid for the issuance of each zoning permit.

(d) Any zoning permit issued under this chapter shall expire if construction shall not have commenced within six months from the date of issuance.

(e) Any construction that has been discontinued for a period of 12 months or longer shall be deemed to have been abandoned. Resumption of construction shall be authorized only upon the issuance of a new zoning permit.

(f) Failure to display red zoning permit visible from the street or waterway is a violation of this chapter.

(4) Certificate of compliance. No land shall be used or occupied, no building or structure shall be constructed, erected, located, extended, altered or used, or no changes made in the use of land, building or structure unless and until a certificate of compliance shall have been issued by the Zoning Enforcement Officer stating that the land, building or structure and the proposed use thereof is in compliance with the zoning provisions of this chapter.

C. Building Inspector/Town-authorized agent.

(1) The Town Board shall appoint a Building Inspector or authorize an agent who shall have the authority to administer the provisions of the New York State Uniform Fire Prevention and Building Code and relevant provisions of this chapter throughout all areas of the Town outside the incorporated Village of Clayton.

(2) The Town Building Inspector or the Town-authorized agent shall have the authority to:

(a) Issue building permits, provided that a valid zoning permit shall have previously been issued by the Zoning Enforcement Officer.

(b) Inspect, certify and issue permits for sanitary waste facilities, community water supply systems and plumbing facilities in accordance with the provisions of this chapter and the rules and regulations of the New York State Departments of Environmental Conservation and Health.

(c) Issue certificates of occupancy.

(d) Revoke a building permit where there is false, misleading or insufficient information; revoke a building permit and/or certificate of occupancy where the applicant has not complied with the terms of his application.

(e) Issue stop-work orders.

(f) Refer appropriate matters to the Town Board, Joint Planning Board, Zoning Enforcement Officer, Joint Zoning Board of Appeals or other appropriate agency.[1]

[1] Editor's Note: Original Art. XV, Section C(3) and (4), regarding building permits and certificates of occupancy, respectively, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 114-4, Building permits, and § 114-7, Certificates of occupancy.

D. Joint Town/Village Zoning Board of Appeals.

(1) Appointment and membership. The Joint Town/Village of Clayton Zoning Board of Appeals is comprised of five members, two of which are appointed by the Town, and two of which are appointed by the Village, and one appointed jointly by the Town and the Village. These members are appointed for a term of five years as follows:

(a) The governing board of the Town of Clayton shall appoint one member for a one-year term and one member for a three-year term. The governing board of the Village of Clayton shall appoint one member for a two-year term and one member for a four-year term. Both boards (Town and Village) shall jointly appoint one member for a five-year term. Upon the expiration of the term of a member of the Joint Zoning Board, the body which appointed the incumbent to the expiring term shall appoint his or her successor to a full five-year term of office. If a vacancy occurs other than by expiration of a term of office, the body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term. Effective with the signing of this agreement, terms of existing members of the Joint Zoning Board of Appeals will expire on December 31 of the year in which the current appointee's term is set to expire. In the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Town/Village of Clayton Zoning Board of Appeals. The Town and the Village jointly appoint three alternate members to the Joint Zoning Board of Appeals. The Joint Zoning Board of Appeals refers candidates for alternate to both Town and Village Boards by the Joint Zoning Board of Appeals for their approval. Both Village and Town Clerks must swear in all Zoning Board of Appeals members and alternates at the beginning of each term. Swearing in shall be recorded in each municipality. All respective terms of office to begin on January 1 and are for five years each. The Village of Clayton Board of Trustees and the Town Board of the Town of Clayton shall annually and jointly appoint the Chairperson for the Joint Zoning Board of Appeals from the membership thereof by January 15 each year. If the governing boards have not come to an agreement by January 15 of each year, such Joint Board may select one of its members to serve as Chair. The alternates serve in the event that a regular member of the Joint Zoning Board of Appeals from that municipality is absent or unable to serve because of a conflict of interest on any matter pending before the Joint Zoning Board of Appeals. In the event the Joint Town/Village Zoning Board of Appeals lacks one or more regular members for any reason on any matter pending before it, the Chairperson or acting Chairperson may select an alternate member or members to sit in place of the absent member(s). The Joint Town/Village of Clayton Zoning Board of Appeals will apply those standards for compliance and interpretation based on the regulations and guidelines as promulgated by the respective ordinance or law of each municipality. The Joint Town/Village of Clayton Zoning Board of Appeals in conducting business will comply with other laws relative to Town Law and Village Law, General Municipal Law of the State of New York, and the provisions of the State Environmental Quality Review Act. The Joint Town/Village of Clayton Zoning Board of Appeals shall hire an individual to act as Secretary to take minutes, keep records, and conduct correspondence and any other related task as requested by the Joint Zoning Board of Appeals. Each municipality shall budget for said position. The Zoning Board of Appeals shall set the salary for the Secretary subject to Town/Village review. The Town and Village will each be responsible for their respective 1/2 of the salary of the Secretary. The Joint Town/Village of Clayton Zoning Board of Appeals shall adopt bylaws outlining its structure and function, including, but not limited to, the selection of a Chairperson and Secretary, resolution procedures, meeting dates (one per month for a total of 12 per year unless otherwise warranted), and process for conducting meetings. Each Board member is required to complete the minimum training as required by law. At the discretion of the municipality that appointed the member, failure to comply with this requirement may be grounds for removal from the Board. This provision is subject to New York State regulations and training criteria. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Joint Zoning Board of Appeals, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board. The Joint Town/Village of Clayton Zoning Board of Appeals shall have advisory capacity on matters of zoning variances and interpretations to the Town Board and the Village Board and those duties stated in the respective zoning ordinance or law of each municipality. The cost or services for the Chairman and Zoning Board of Appeals members, as well as training, shall be shared equally by the Town and the Village. Each year, the Joint Town/Village of Clayton Zoning Board of Appeals shall meet in February to determine a budget for the upcoming fiscal year, subject to Town and Village review. For the purpose of this agreement, the Town and Village will contribute equally by providing for its prorated share of such budget by making an annual appropriation in its respective municipal budget. The fiscal agent for the Joint Town/Village of Clayton Zoning Board of Appeals shall be the Town Director of Finance. Such agent will make biannual reports or by request to Village and Town Boards regarding the status of the Zoning Board of Appeals budget. In the event litigation occurs on the part of a petitioner as a result of the action of the Joint Town/Village of Clayton Zoning Board of Appeals, the costs associated with such litigation shall be the responsibility of the municipality whose ordinance or law has jurisdiction in said case. To the extent outside costs for consultants or experts are incurred by the Joint Town/Village of Clayton Zoning Board of Appeals, such costs will be passed through to the municipality requiring such services; where such costs are for the joint benefit of the Town and Village (e.g., Comprehensive Plan), said expenses shall be shared equally between the Village and the Town. The fiscal agent shall invoice the Village on quarterly basis for costs incurred on the last business day of each of the following months: March, June, September, December. Each municipality shall receive revenues based on the current fee structure stipulated in their respective law/ordinance. All provisions of this section and of the Town Law and Village Law relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) Three alternate member positions are hereby established for the Joint Town of Clayton and the Village of Clayton Zoning Board of Appeals as established pursuant to an Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated March 24, 1997, and amended April 4, 1999. As provided by Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated June 28, 2000, the alternate Zoning Board of Appeals members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meeting of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Zoning Board of Appeals are hereby established to fill the vacancy in the event that a regular member of said Board is absent or is unable to serve because of a conflict of interest on any matter pending before the Joint Zoning Board of Appeals. The initial alternate member positions established by the Village shall be for a term of one year, a term of three years, and a term of four years, respectively; and the initial alternate member positions established by the Town shall be for a term of two years, a term of four years, and a term of five years, respectively. At the expiration of the initial terms, the successor terms for each municipality shall be for five years each.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

(c) In the event the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals lacks one or more regular members for any reason on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson may select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

(d) An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals until the matter or matters for which the substitution is made has been decided in final by said Board.

[Added 5-12-1999 by L.L. No. 1-1999]

(e) All provisions of this section and of the Town Law relating to Zoning Board of Appeals member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.

[Added 5-12-1999 by L.L. No. 1-1999]

(2) Jurisdiction. The jurisdiction of the Joint Zoning Board of Appeals shall apply to the entire Town inclusive of the incorporated Village of Clayton.

(3) Powers and duties. The Joint Zoning Board of Appeals shall have all the powers and duties prescribed by law, the Village of Clayton Zoning Law, and this chapter, including:

(a) Interpretation. The Joint Zoning Board of Appeals shall have the power to interpret the provisions of Village of Clayton Zoning Law, and this chapter.

(b) Review. The Joint Zoning Board of Appeals shall have the power to review any order or decision of the Town of Clayton Zoning Enforcement Officer and the Village of Clayton Zoning Enforcement Officer upon appeal by the person or persons affected.

(c) Variances. The Joint Zoning Board of Appeals shall have the power to vary or modify the application of any of the regulations or provisions of this chapter and the Village of Clayton Zoning Law relating to the use of land or the use, construction or alteration of buildings or structures, so that the spirit of this chapter and the Village of Clayton Zoning Law shall be observed, public safety and welfare secured and substantial justice done, in accordance with New York State.

(d) Environmental Quality Review Act (SEQR). The Joint Zoning Board of Appeals shall have the authority to determine the possible environmental significance of actions before it, in accordance with the provisions of 6 NYCRR Part 617, State Environmental Quality Review Act.

(4) Use variances.

(a) The Joint Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, local law, or Village of Clayton Zoning Law shall have the power to grant use variances, as defined herein.

(b) No such use variance shall be granted by the Joint Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Joint Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

[1] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.

[2] That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.

[3] That the requested use variance, if granted, will not alter the essential character of the neighborhood.

[4] That the alleged hardship has not been self-created.

(c) The Joint Board of Appeals, in the granting of use variance, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(5) Area (dimensional) variances.

(a) The Joint Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, local law, or the Village of Clayton Zoning Law, to grant area variances as defined herein.

(b) In making its determination, the Joint Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:

[1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

[2] Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.

[3] Whether the requested area variance is substantial.

[4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

[5] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(c) The Joint Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(6) Imposition of conditions. The Joint Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, local law, and the Village of Clayton Zoning Law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

(7) Expiration of approval. In the event that the applicant fails to execute the terms and conditions set forth in the use or area (dimensional) variance within 18 months after its final approval by the Joint Zoning Board of Appeals, said approval shall be deemed to have expired and any subsequent proposal shall require a new application and submission.

(8) Procedure.

(a) The Joint Zoning Board of Appeals shall act in strict accordance with all requirements of Town Law, Village Law, and Village Zoning Law and of this chapter. All appeals and variance applications to the Board shall be in writing on a form prescribed by the Board and accompanied by the fee set by the Town Board. Every appeal or variance application shall cite the specific provision(s) of the Town of Clayton ordinance or Village of Clayton law involved and shall set forth precisely the grounds for the appeal of or the basis for granting the variance, as the case may be. In each instance, all necessary supporting evidence and data shall be attached to the appeal or application.

(b) Within 60 days after receipt of an appeal or variance application, the Joint Zoning Board of Appeals shall schedule a public hearing to be held following at least five days, notice published in the Town's officially designated newspaper. Such notice shall include a brief description of the order/decision appealed, or the specific nature of the variance sought, as the case may be, as well as the road or street address, the geographic location and the Tax Map identification of the parcel or property involved.

(c) Written notice shall also be provided all to adjacent property owners and all other involved parties; when a use variance is involved, written notice shall also be provided to all neighboring property owners within a five-hundred-foot radius of any portion of the applicant's property.

(d) All variances or appeal actions of the Joint Town/Village Zoning Board of Appeals that fall within the jurisdiction of General Municipal Law, Article 12-b, § 239-m, shall be referred to the Jefferson County Planning Board for its review and action thereon prior to final local decision.

(e) Within 62 days following the final public hearing, the Joint Town/Village Zoning Board of Appeals shall reach its decision to accept or reject the appeal or variance application. Every decision of the Joint Board shall be accompanied by a brief summary of the reasons for its action and shall be communicated to the applicant in writing within five days. All actions taken by the Joint Zoning Board of Appeals shall be recorded in its minutes, together with a summary of the reasons for its decision and a tally of the members' votes thereon; said minutes shall be maintained in the Town Clerk's office and shall be available for public inspection during regular office hours.

(f) All meetings of the Joint Town/Village of Clayton Zoning Board of Appeals shall be open to the public.

(g) Costs incurred by the Joint Zoning Board of Appeals for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

E. Joint Town/Village Planning Board.

(1) Appointment and membership.

(a) The Joint Town/Village of Clayton Planning Board is comprised of seven members, three of which are appointed by the Town, and three of which are appointed by the Village, and one appointed jointly by the Town and the Village. These members are appointed for a term of seven years as follows:

The governing Board of the Village of Clayton shall appoint one member for a one-year term, one member for a three-year term and one member for a five-year term. The governing Board of the Town of Clayton shall appoint one member for a two-year term and one member for a four-year term and one member for a six-year term. Both boards (Town and Village) shall jointly appoint one member for a five-year term. Upon the expiration of the term of a member of the Planning Board, the body which appointed the incumbent to the expiring term shall appoint his or her successor to a full seven-year term of office. If a vacancy occurs other than by expiration of a term of office, the body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term. Effective with the signing of this agreement, terms of existing members of the Joint Town/Village Planning Board will expire on December 31 of the year in which the current appointee's term is set to expire. In the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Town/Village of Clayton Planning Board. The Town and the Village jointly appoint three alternate members to the Joint Clayton Planning Board. The Joint Planning Board refers candidates for alternate to both Town and Village Boards by the Joint Planning Board for their approval. Both Village and Town Clerks must swear in all Planning Board members and alternates at the beginning of each term. Swearing in shall be recorded in each municipality. All respective terms of office to begin on January 1 and are for seven years each. The Village of Clayton Board of Trustees and the Town Board of the Town of Clayton shall annually and jointly appoint the Chairperson for the Joint Planning Board from the membership thereof by January 15 each year. If the governing Boards have not come to an agreement by January 15 of each year, such Joint Board may select one of its members to serve as Chair. The alternates serve in the event that a regular member of the Joint Planning Board from that municipality is absent or unable to serve because of a conflict of interest on any matter pending before the Joint Planning Board. In the event the Joint Town/Village Clayton Planning Board lacks one or more regular members for any reason on any matter pending before it, the Chairperson or acting Chairperson may select an alternate member or members to sit in place of the absent member(s). The Joint Town/Village of Clayton Planning Board will apply those standards for compliance and interpretation based on the regulations and guidelines as promulgated by the respective ordinance or law of each municipality. The Joint Town/Village of Clayton Planning Board in conducting business will comply with other laws relative to Town Law and Village Law, General Municipal Law of the State of New York, and the provisions of the State Environmental Quality Review Act. The Joint Town/Village of Clayton Planning Board shall hire an individual to act as Secretary to take minutes, keep records, and conduct correspondence and any other related task as requested by the Joint Planning Board. Each municipality shall budget for said position. The Planning Board shall set the salary for the Secretary subject to Town/Village review. The Town and Village will each be responsible for their respective 1/2 of the salary of the Secretary. The Joint Town/Village of Clayton Planning Board shall adopt bylaws outlining its structure and function, including, but not limited to, the selection of a Chairperson and Secretary, resolution procedures, meeting dates (one per month for a total of 12 per year unless otherwise warranted), and process for conducting meetings. Each Board member is required to complete the minimum training as required by law. At the discretion of the municipality that appointed the member, failure to comply with this requirement may be grounds for removal from the Board. This provision is subject to New York State regulations and training criteria. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Clayton Planning Board, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board. The Joint Town/Village of Clayton Planning Board shall have advisory capacity on matters of planning and land use to the Town Board and the Village Board and those duties stated in the respective zoning ordinance or law of each municipality. The cost or services for the Chairman and Clayton Planning Board members, as well as training, shall be shared equally by the Town and the Village. Each year, the Joint Town/Village of Clayton Planning Board shall meet in February to determine a budget for the upcoming fiscal year, subject to Town and Village review. For the purpose of this agreement, the Town and Village will contribute equally by providing for its prorated share of such budget by making an annual appropriation in its respective municipal budget. The fiscal agent for the Joint Town/Village of Clayton Planning Board shall be the Town Director of Finance. Such agent will make biannual reports or by request to Village and Town Boards regarding the status of the Planning Board budget. In the event litigation occurs on the part of a petitioner as a result of the action of the Joint Town/Village of Clayton Planning Board, the costs associated with such litigation shall be the responsibility of the municipality whose ordinance or law has jurisdiction in said case. To the extent outside costs for consultants or experts are incurred by the Joint Town/Village of Clayton Planning Board, such costs will be passed through to the municipality requiring such services; where such costs are for the joint benefit of the Town and Village (e.g., Comprehensive Plan), said expenses shall be shared equally between the Village and the Town. The fiscal agent shall invoice the Village on quarterly basis for costs incurred on the last business day of each of the following months: March, June, September, December. Each municipality shall receive revenues based on the current fee structure stipulated in their respective law/ordinance. All provisions of this section and of the Town Law and Village Law relating to the Joint Clayton Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Clayton Planning Board shall also apply to alternate members.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) Three alternate member positions are hereby established for the Joint Town of Clayton and the Village of Clayton Planning Board as established pursuant to an Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated March 24, 1997, and amended April 14, 1999. As provided by Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated June 28, 2000, the alternate Planning Board members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meeting of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Planning Board are hereby established to fill the vacancy in the event that a regular member of said Board is absent or is unable to serve because of a conflict of interest. The initial alternate member positions established by the Village shall be for a term of one year, a term of three years, and a term of four years, respectively; and the initial alternate member positions established by the Town shall be for a term of two years, a term of four years, and a term of five years, respectively. At the expiration of the initial terms, the successor terms for each municipality shall be for five years each.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

(c) In the event the Joint Town of Clayton and Village of Clayton Planning Board lacks one or more regular members for any reason on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson may select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

(d) An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Planning Board to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Planning Board until the matter or matters for which the substitution is made has been decided in final by said Board.

[Added 5-12-1999 by L.L. No. 1-1999]

(e) All provisions of this section and of the Village Law relating to Planning Board member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Planning Board shall also apply to alternate members.

[Added 5-12-1999 by L.L. No. 1-1999]

(2) Jurisdiction. The jurisdiction of the Joint Planning Board shall apply to the entire Township inclusive of the incorporated Village of Clayton.

(3) Powers and duties. The Joint Planning Board shall have all the powers and duties prescribed by law, the Village of Clayton law, and this chapter, including:

(a) Comprehensive Plan. The Joint Planning Board shall have the authority to prepare a Comprehensive Plan for the Town and Village of Clayton, as well as to recommend changes therein.

(b) Special use permits. The Joint Planning Board shall have the authority to issue special use permits in accordance with the requirements of this chapter, Village Zoning Law and the appropriate Town Law and Village Law.

(c) Site plan review. The Joint Planning Board shall have the authority to administer the site plan review and approval provisions of this chapter, contained in § 235-13 and Village of Clayton Zoning Law. In so administering these provisions, the Joint Planning Board shall be empowered to establish specific conditions, dimensions and other requirements to meet the generally prescribed performance criteria of this chapter and Village of Clayton Law. In performing this function, the Joint Planning Board shall act in accordance with the dictates of this chapter, Village of Clayton Zoning Law and the appropriate Town Law and Village Law.

(d) Subdivision plats. The Joint Planning Board shall have the authority to review and approve subdivision plat in accordance with the land division regulations of the Town and Village of Clayton.[2]

[2] Editor's Note: For Town of Clayton land division regulations, see Ch. 186, Subdivision of Land.

(e) Cluster development plans. The Joint Planning Board shall have the authority to review and approve cluster development plans simultaneously with the review of the subdivision plat in accordance with the land division regulations of the Town and Village of Clayton.

(f) State Environmental Quality Review Act (SEQR). The Joint Planning Board shall have the authority to determine the possible environmental significance of actions before it, in accordance with the provisions of 6 NYCRR Part 617, State Environmental Quality Review Act.

(g) Proposed zoning amendments. The Town Board shall refer all proposed amendments to and changes in this chapter to the Joint Planning Board for review and recommendation prior to taking action thereon, in accordance with the provisions of § 235-16 of this chapter. The time for such review shall normally be a maximum of 30 days, but may be extended at the discretion of the Town Board. If the Joint Planning Board fails to take action within the designated period, it shall be deemed to have made a positive recommendation. The Joint Planning Board's recommendation, to be made in writing, shall consider the impact of the proposed amendments and/or changes to the Town/Village Comprehensive Plan, the zoning ordinance and the long-range planning concerns of the Town and Village of Clayton.

(h) General reports and special studies.

[1] The Joint Planning Board shall have the full power and authority to make such investigations and to issue such maps, reports and recommendations relating to the planning and development of the Town and Village of Clayton that it deems desirable.

[2] The Town Board may refer to the Joint Planning Board any matter or matters that it deems relevant for the preparation and submission of a report on said subject(s).

[3] The Town Board, before making any changes in the Town Map so as to lay out new streets, highways, drainage systems or parks, or to alter or close existing streets, highways, drainage systems or parks shall refer such matter to the Joint Planning Board for its review and report. If the Joint Planning Board fails to make its report within 30 days of such reference, it shall be deemed to have approved the change.

(4) Procedure.

(a) The Joint Planning Board shall act in strict accordance with all requirements of Town Law and Village Law, this chapter and Village of Clayton Law. All applications to the Joint Planning Board shall be in writing on a form prescribed by the Joint Planning Board. For all actions requiring site plan review and approval, subdivision plat approval and cluster development approval, a public hearing shall be held, and upon five days' notice, will be published in the Town or Village of Clayton's officially designated newspaper. For all actions involving special use permit approval, the Joint Planning Board shall direct that a public hearing be held, upon five days' notice, published in the Town or Village of Clayton's officially designated newspaper. Every decision of the Joint Planning Board shall be communicated in writing to the applicant within five days, accompanied, in case of disapproval or conditional acceptance, by a brief summary of the reasons therefor.

(b) All site plan review, special use permit and zoning actions of the Joint Planning Board that fall within the jurisdiction of General Municipal Law, Article 12-b, § 239-m, shall be referred to the Jefferson County Planning Board for its review and action thereon prior to final local decision.

(c) All actions taken by the Joint Planning Board shall be recorded in its minutes, together with a summary of the reasons for its decision, and a tally of the members' votes thereon. Said minutes shall be maintained in the Town and Village Clerk's office and shall be available for public inspection during regular office hours.

(d) All meetings and hearings of the Joint Planning Board shall be open to the public.

(e) Costs incurred by the Joint Planning Board or Town Board for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

F. Enforcement and remedies.

(1) In accordance with § 268 of the Town Law, any violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction as a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

(2) In 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, use or division of land, to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.

§ 235-17 Amendments.

The Town Board may from time to time of its own motion, or upon petition, amend, modify, change, supplement or repeal the provisions of this chapter and the Zoning Map[1] constituting a part of this chapter, and the boundaries of zoning districts shown thereon after notice and public hearing as provided by New York State Town Law, §§ 264 and 265, and referral to the Jefferson County Planning Board as provided by General Municipal Law § 239-m, and referral to the Town Planning Board as required by this chapter.

A. Procedure.

(1) The Town Board, by resolution adopted at a public meeting, shall fix the time and place of a public hearing on the proposed amendment(s) and shall cause notice to be given as follows:

(a) A notice shall be published at least 10 days prior to said meeting, indicating the time and place of such hearing in the Town's officially designated newspaper.

(b) A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any county, town or village shall be provided to the Clerk of such municipality at least 10 days prior to such public hearing. Such county, town or village shall have the right to appear and to be heard at such public hearing but shall not have the right of review by a court.

(c) A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be provided to the New York State Office of Parks, Recreation and Historic Preservation, Thousand Islands Region, at least 10 days prior to such hearing.

(2) Jefferson County Planning Board review.

(a) Before taking final action, the Town Board shall refer to the Jefferson County Planning Board for its review and action any proposed change or amendment applying to property within 500 feet of the boundaries of any county, town or village, or within 500 feet of any existing or proposed state or county recreation area, or within 500 feet of the right-of-way of any existing or proposed state or county road or highway, or within 500 feet of the existing or proposed boundary of any state or county owned land on which a public building or institution is located.

(b) In accordance with the provisions of General Municipal Law, Article 12-b, § 239-m, the Jefferson County Planning Board is required to report its recommendations to the Town Board within 30 days after receipt of such referral, or such longer period as mutually agreed upon. If such report is not timely received, the Town Board may take action without it. If the Jefferson County Planning Board disapproves the proposed change or amendment, the Town Board may approve the proposed change or amendment only by vote of a majority plus one of its members and only after adoption of a resolution fully setting forth the reasons for such contrary action.

(c) Within 30 days after taking final action on the proposed amendment(s), the Town Board shall notify the Jefferson County Planning Board of such final action.

(3) The Town Board shall refer all proposed changes and amendments to the Joint Town/Village Planning Board for a thirty-day review and recommendation period. If the Joint Planning Board fails to take action within this period, it shall be deemed to have approved the proposal.

B. Protest. In case of a protest against any change or amendment signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective, except by the favorable vote of at least 3/4 of the members of the Town Board.

C. Publication and posting. Every amendment to this chapter (including any map incorporated therein) shall be entered in the minutes of the Town Board and a copy thereof (exclusive of any map incorporated therein) shall be published once in the Town's officially designated newspaper and a copy of such amendment together with a copy of any map incorporated therein shall be posted on the signboard maintained by the Town Clerk, and affidavits of the publication and posting thereof shall be filed with the Town Clerk.

[1] Editor's Note: The Zoning Map is on file in the Town Clerk's office.

§ 235-17.1 Planned Development District.

[Added 4-14-2021 by L.L. No. 2-2021; amended 8-23-2023 by L.L. No. 4-2023]

A. Statement of purpose and applicability.

(1) Planned Development Districts (PDDs) provide opportunities to create more desirable environments through the application of flexible and diversified land development standards based on the Town/Village of Clayton Comprehensive Plan (see Exhibit A),[1] this section, the Local Waterfront Revitalization Plan and a proposed development plan that is professionally prepared. A PDD is a zoning overlay option designed to overcome the rigidity of traditional zoning, protect environmentally sensitive areas and encourage or discourage specific types of development. Traditional zoning ensures consistent applications of regulations, but it does not easily accommodate innovative development. The PDD allows for site-specific regulations in response to on-site conditions or to mitigate off-site impacts. The Joint Town/Village of Clayton Planning Board will carefully review submitted PDD applications for consistency with the Town of Clayton Zoning Ordinance, Town/Village of Clayton Comprehensive Plan, Local Waterfront Redevelopment Plan and the proposed project's harmony with adjacent development. The Town of Clayton recognizes that its most important and sensitive resources are its extensive shoreline, agricultural heritage, scenic view shed and community scale. Development affecting these important resources are of major concern to the Town of Clayton. While the Town of Clayton desires to encourage the use and development of these resources, development must be compatible with and complement adjacent land uses.

[1] Editor's Note: Exhibit A is on file in the Town offices.

(2) It is the purpose of a Planned Development District to provide for flexible land use and design regulations so that certain uses may be developed in the Town of Clayton that incorporate a variety of residential and nonresidential uses; and contain individual building sites and open space planned for the general well-being of the inhabitants.

(3) While the standard zoning functions (use and area) are appropriate for the regulation of land use in some areas or neighborhoods, such regulations may need to be adjusted to accommodate innovative techniques of quality land development contained in a Planned Development District. That is not to say that current zoning regulations will not be considered during the review process. However, the Planned Development District is intended to encourage the application of new techniques and technology to community development resulting in superior living and development arrangements with lasting values.

B. General requirements and review criteria.

(1) The following is a list of requirements for a Planned Development District.

(a) Minimum area. Generally, a PDD must be comprised of at least 50 acres of contiguous land. Smaller tracts may be allowed if the applicant meets the standards and purposes of the comprehensive plan. Minimum lot size and frontage for Planned Development use which is less than the minimum specified in the current regulations shall be determined by the Joint Town/Village of Clayton Planning Board.

(b) Ownership. The tract of land for a project may be owned, leased, or controlled either by a single person, corporation, group of individuals, or corporations. An application must be filed by all owners or designees or the holder of a valid purchase offer or development option of all property included in the project. In the case of multiple ownership, the approved application shall be binding on all owners.

(c) Permitted uses. All uses must be approved by the Joint Town/Village of Clayton Planning Board. In reviewing and acting on applications for Planned Development Districts, the Joint Tower/Village of Clayton Planning Board will evaluate each proposal with the spirit and intent of this section and the Town/Village of Clayton Comprehensive Plan:

[1] Residential uses. Residences may be of any variety or type including single-family, two-family, multifamily and townhouse dwellings. No manufactured homes will be permitted;

[2] Nonresidential uses may include small retail/service, recreational facility, community facilities, lodging, restaurants and marinas. All such uses shall be in keeping with the character of the proposed district, current land use and adjacent uses;

[3] The nonresidential uses of a commercial or business nature may be in separate buildings or incorporated within two-family or multifamily structures or in suitable combinations of these alternatives and shall not be duplicative to the downtown business district; and

[4] Customarily accessory uses, such as private garages and storage spaces shall be permitted.

(d) Common property. Common property is not required for a Planned Development District. However, it is often a characteristic of such proposals. Common property within a Planned Development District is a parcel or parcels with or without the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists in private the ownership of such common property may be either public or private. When common property exists in private ownership, the Joint Town/Village of Clayton Planning Board must approve the arrangements for the improvement, operation and maintenance of such common property and facilities, including streets, drives, service and parking areas, utilities, recreation, community gardens and open space areas.

(e) Parking. Parking provisions shall be regulated by the parameters set forth in the Town/Village of Clayton Comprehensive Plan (e.g., 139-156), the Joint Town/Village of Clayton Planning Board and the current Zoning Code.

(f) Traffic and circulation.

[1] Road patterns/alignments shall be responsive to the preservation of the site's existing landforms, vegetation, streams and scenic vistas. All of which are subject to the discretion of the Joint Town/Village of Clayton Planning Board;

[2] Entrances must also be located to allow safe line-of-sight distances to and from their points of intersection with public roads;

[3] Internal road widths and corner radii must facilitate movement of emergency vehicles;

[4] There should be adequate storage areas for snow that will not interfere with sight distance at intersections or pedestrian movement;

[5] Special consideration should be given to pedestrian movement from the standpoint of safety, convenience, walkability, and amenity. Sidewalks, curbs and gutters should be considered in the design of the overall circulation system. All facilities/sites shall be connected by a pedestrian system of walks and/or trails; and

[6] Highway cuts shall be kept at a minimum. Use of shared driveway accesses and internal access connections among adjacent businesses are favored over excessive numbers of individual curb cuts with no connections.

(g) Density. The Joint Town/Village of Clayton Planning Board shall determine the maximum residential density for the residential portions of the Planned Development District. Density increases consistent with the Town/Village of the Clayton Comprehensive Plan may be allowed if the proposed development can be demonstrated to adhere to the Town/Village of Clayton Comprehensive Plan elements such as affordable housing, natural resource protection, sustainable building design and land use regulations. Increased residential densities and open space areas may be subject to additional design conditions to meet Comprehensive Plan goals. Zoning and subdivision standards relating to lot size and setback may be modified when the Planned Development District is submitted for approval. The Joint Town/Village of Clayton Planning Board shall recommend the maximum residential density permitted for the residential portions of the Planned Development District at the time of the preapplication project plan. The buildable area must be unencumbered by setbacks, public easements and other physical constraints (such as topography or similar features).

(h) Open space. The Planned Development District shall have a minimum of 60% of the total area of the tract designated as open space in the general project plan and land use maps. In a Planned Development District "open space" is that outdoor property not occupied by structures, roads or service areas and set aside in whole or in part to preserve the natural scenic beauty or openness of the area or for recreational use and enjoyment by the owners, residents and the general public. "Developed open space" is that open space which contains such structures, improvements, and/or landscaping as are necessary and appropriate for the benefit and enjoyment of the owners, residents and community members pursuing their active and passive recreational activities. Vehicular parking areas for recreational use only may be considered as developed open space for the purposes of this section.

(i) Homeowners' association. A homeowners' association or similar organization must be created if the Planned Development District includes common open space. The applicant shall submit all required homeowners' association documents for legal and planning review at the time of the first final plat of development, including the following:

[1] Ownership and membership requirements;

[2] Articles of incorporation and bylaws;

[3] Time at which the developer turns the association over to the homeowners;

[4] Approximate monthly or yearly association fees for the homeowners;

[5] Specific listing of items owned in common, including such items as roads, recreation facilities, parking, common open space grounds and utilities; and

[6] Management plan for items owned in common.

(2) The Joint Town/Village of Clayton Planning Board shall use the site plan review approval procedure specified in § 235-13 of the Code of the Town of Clayton for reviewing PDD applications and subsequent Zoning Map changes. The process leading to the Zoning Map amendment for a PDD includes a preapplication meeting, the submission of a completed set of the proposed PDD elements, the technical review of the plan as noted in § 235-13 and Article V and Article VIII of the Village of Clayton Zoning Law (depending on site location), Joint Town/Village of Clayton Planning Board approval, an application to amend the Zoning Map, a public hearing to amend the Zoning Map and the adoption of the Zoning Map amendment. Additionally, the proposed PDD shall be consistent with the pertinent goals as noted in the Joint Town/Village of Clayton Comprehensive Plan and the Joint Town/Village of Clayton LWRP:

(a) Future development in the Town of Clayton will only occur in designated areas and will be compatible with existing architectural features, i.e., roof styles, massing.

(b) Support and assist in the preservation of historic resources, cultural resources, properties and structures within the Town of Clayton. Existing character features such as roadside trees, stone walls, tree lines, fence rows (which often have trees and fences), should be preserved or disturbed as little as possible per the Land Use Development Considerations section of the Town/Village of Clayton Comprehensive Plan.

(c) Build on community character to expand economic opportunities.

(d) Provide a range of housing types to meet the needs of year-round, seasonal, workforce, retiree and elderly to allow residents and families to flourish in their desired community.

(e) Maintain mixed land uses to increase open space and to establish a sustainable development pattern that supports alternative forms of transportation (walking, biking) while still accommodating the automobile.

(f) Preserve and protect open space, agricultural communities and the distinct character areas that define the Clayton community.

(g) Facilitate the Town of Clayton community character regarding our waterways, transportation corridors, structures and natural features.

(h) Consider compatible renewable energy systems in appropriate locations as identified by the community and consistent with local solar legislation.

(i) Utilize natural landscape screening to minimize scenic impacts.

C. Application procedure.

(1) Any request to establish a Planned Development District shall be considered an amendment to Chapter 235 of the Code of the Town of Clayton and shall be administered and processed in accordance with the regulations set forth in § 235-17. Proposals will be carefully reviewed for consistency with the creative residential and creative commercial land use development considerations found in Chapter 12, pages 139-157, of the Town/Village of Clayton Comprehensive Plan.

(a) Application for the establishment of a Planned Development District shall be made to the Town Board of the Town of Clayton by the owner(s) of the property to be included in the District. The Town Board shall refer the application with attached comments to the Joint Town/Village of Clayton Planning Board within 30 working days of receipt of such an application.

(b) Within 45 days following Town Board referral, a preapplication meeting shall be convened by the Joint Town/Village of Clayton Planning Board and the applicant to acquaint the Board with the proposed development. At that time, the Board will offer comments regarding the project and identify areas of concern and/or the need for additional documentation. The applicant must provide a preliminary development plan that will enable the Joint Town/Village of Clayton Planning Board to evaluate said proposal based on the procedural requirements of § 235-13 and this section. The preliminary development plan shall include the following information in addition to any other documentation the Joint Town/Village of Clayton Planning Board may deem necessary:

[1] A general layout of the development/project plan;

[2] Analysis of the physical characteristics and features of the site;

[3] Gross and net densities;

[4] A footprint of the numbers, types and locations of all structures;

[5] Analysis of the development site in relationship to surrounding land use;

[6] Landscaping plan;

[7] Lighting plan;

[8] Relationship to the community at large;

[9] General traffic circulation, identification of streets;

[10] Soil analysis;

[11] Existing topographic mapping at two feet of elevation;

[12] Architect's preliminary design elevations for all structures and preliminary grading plan (five feet maximum contoured);

[13] Completion of the SEQR process;

[14] Statement of sustainability elements; and

[15] Proposed utility systems inclusive of sanitary/storm water plan.

(c) The Joint Town/Village of Clayton Planning Board at a regularly scheduled meeting must meet with the applicant within 30 days of the submission of the preliminary documentation, including the resubmission of a supplemental Preapplication and the completion of the associated review process. Within 90 working days of said meeting, the Joint Town/Village of Clayton Planning Board must render a recommendation of approval, approval with modifications, or disapproval of the application to the Town Board of the Town of Clayton. The Joint Town/Village of Clayton Planning Board shall base their decision upon the development's ability to meet the site plan review standards noted in § 235-13 and its alignment with the Joint Town/Village of Clayton Comprehensive Plan.

(d) In determining its recommendation on the proposed development plan, the Joint Town/Village of Clayton Planning Board shall have determined that the need and location of the proposed development are consistent with the Joint Town/Village of Clayton Comprehensive Plan and is acceptable in its relationship to contiguous land uses. An evaluation of the proposed plan shall include a review of possible negative impacts on adjacent properties, on public services, on the historic character of the area and the scenic vistas important to the community.

(e) The Joint Town/Village of Clayton Planning Board shall review the final development plan and assign conditions as deemed appropriate and shall forward the plan to the Town Board of the Town of Clayton for their review and legislative action (see § 235-17).

(f) If such an amendment is enacted, the permitted development must be confined to the specific designated area and adhere to the approved development plan and permit approval conditions.

(g) The Town Board and the Joint Planning Board are authorized to seek professional consultation/services when reviewing applications for a Planned Development District including but not limited to professional engineers, licensed architects and attorneys. Fees for such services in connection with any such application shall be borne by the applicant and must be paid prior to the issuance of a final determination by the Town Board on the application.

(h) The Town Board shall require a performance bond(s) to cover the related Town costs incurred for the development as well as to ensure completion by the applicant of all necessary infrastructure such as water and sewer facilities and roads, including the resubmission of a supplemental preapplication and the completion of the associated review process. The amount(s) of the performance bond(s) shall be determined by a Town professional engineer, licensed architect or attorney. The bond(s) titles shall be set forth by the Town Board as part of its determination of the application.

(2) A Planned Development District that is in effect shall only be expanded with original permits granted. Expansions requiring new permit action shall undergo the site plan review procedure of § 235-13 and this section. However, minor changes in the Planned Development District may be approved by the Joint Town/Village of Clayton Zoning Enforcement Officer provided that such changes:

(a) Do not increase densities;

(b) Do not change the outside exterior boundaries or height limitations;

(c) Do not increase the intensity of land use;

(d) Do not materially change the location or amount of land devoted to specific land uses;

(e) May include, but not limited to, minor shifting of buildings, proposed streets, public or private ways, utility easements, parks or other public open spaces, or other features of the plan. Minor shifting of buildings does not include encroaching into any required setback; and

(f) Temporary construction signs within the Planned Development District which exceed the limit for temporary signs under the Town's sign provisions may be erected for a period of one year.

(3) Major changes in a Planned Development District shall require a review by the Joint Town/Village of Clayton Planning Board and an additional public hearing and shall be treated as an amendment to the proposed project. Major changes may include, but are not limited to, the following:

(a) Increase in density;

(b) Changes in exterior boundary lines and/or height limit;

(c) Changes in intensity of land use that may have a negative impact on the environment and contiguous land uses, including the increase in either pavement area or impervious surface area;

(d) Changes in the location or amount of land devoted to a specific land use;

(e) Changes that significantly alter the exterior appearance, including changes that significantly alter project landscaping; and

(f) Changes that significantly alter project landscaping.

D. Intermunicipal agreement.

(1) Proposed Planned Development Districts that overlap the municipal boundaries of the Town and Village of Clayton either contiguous or noncontiguous shall be subject to an intermunicipal agreement tailored to that specific proposal.

(2) The intermunicipal agreement may address the transfer of development rights in accordance with Town Law § 261-A and Village Law § 7-701. This action would also be development dependent.

E. Residential and small retail development.

(1) A Neighborhood Development District (NDD) is a type of Planned Development District that focuses on building well-planned housing or small retail development. It is a pedestrian-oriented concept which provides an alternative to highway-based suburban sprawl. A NDD is an overlay district to accommodate development as an alternative to single-unit low-density developments which tend to use space less efficiently. The requirements for creating a NDD will entail this section, the Local Waterfront Revitalization Plan, the Joint Town/Village of Clayton Comprehensive Plan and pertinent Town of Clayton Zoning/Planning Codes.

(2) An application to rezone property in preparation of a NDD Plan for the project site and proposal shall require the approval of the Joint Town/Village of Clayton Planning Board. Additionally, it must be in accordance with the Joint Town/Village of Clayton Comprehensive Plan. The filing of such an application is a pronouncement by the applicant of intent to adhere to a higher standard of design and to place a premium upon the long-term livability and attendant value appreciation of said development. It is also an acknowledgment that the developer will assume the risks inherent in the up-front costs in order to discourage sprawl.

(3) Preapplication meeting. A preapplication meeting shall be convened by the Joint Town/Village of Clayton Planning Board and the applicant to acquaint the Board with the proposed development. At that time, the Board will offer comments regarding the project and identify areas of concern and/or the need for additional documentation.

(4) Neighborhood meetings (if warranted): The applicant is encouraged to conduct an informative presentation/charrette at which residents and property owners in and near the affected property are invited to participate.

(5) Neighborhood district submissions. The proposed Neighborhood District Development Plan shall include these elements [see Subsection C(1)(b)].

(6) Review of the proposed Neighborhood Development District Plan by the Joint Town/Village of Clayton Planning Board for adherence to this section and pertinent sections of the Town of Clayton Zoning/Planning Code.

(7) The Joint Town/Village of Clayton Planning Board will conduct a public hearing and consider for adoption the proposed Neighborhood Development District.

F. Rezoning to a Neighborhood Development District.

(1) Submission of rezoning application. Any time after the submission of a proposed Neighborhood Development District Plan, a rezoning application may be submitted to the Town Board to request designation of a Neighborhood Development District. The Neighborhood Development District boundaries need not be coterminous with the boundaries of the neighborhood planning area.

(2) Application contents. A completed application for a Zoning Map amendment to establish or enlarge a Neighborhood Development District shall consist of the following elements:

(a) A rezoning application prepared in accordance with § 235-17; and

(b) The Neighborhood Development District Plan approved by the Joint Town/Village of Clayton Planning Board shall be referenced in the law granting zoning to the subject land as a Neighborhood Development District, and thenceforth that adopted Plan shall be a standard by which conformance of development within the zone is measured.

G. Conformance to the adopted Neighborhood District Development Plan. Once the Neighborhood Development Plan has been adopted, and the area has been rezoned to the Neighborhood Development District, minor changes in the location, siting, or use of buildings or deviations from the dimensional standards as shown in the plan may be authorized by the Joint Town/Village of Clayton Planning Board if required by engineering or other circumstances not foreseen at the time of Plan adoption. It is expected that certain housing types and land uses will sell or be filled faster than others. This normal and usual occurrence shall not justify the removal of housing types and land use types from the neighborhood mix, but it may justify adjustments of the percentages of the neighborhood devoted to various uses.

H. Phased development. Development occurring in phases shall meet the following requirements:

(1) Numbering. All phases shall be shown on the adopted Neighborhood District Development Plan and numbered in the expected order of development. Changes to the order of development shall be approved by the Joint Town/Village of Clayton Planning Board.

(2) Final plat prerequisites. No final plat for a phase of a Neighborhood District Development Plan shall be approved unless:

(a) The construction of all common facilities included in previous phases have been started; and

(b) There is no violation of the Neighborhood District Development Plan in any previous phase.

I. Design guidelines for neighborhood development districts.

(1) Neighborhood development architectural standards:

(a) The use of architectural standards is integral to the Neighborhood Development Plan as they define a heighten sense of place, character, appearance and property value;

(b) Such standards shall be submitted at any stage of the development process for review and approval by the Joint Town/Village of Clayton Planning Board as being consistent with the Neighborhood Development Plan;

(c) A developer shall include approved architectural standards as part of the Neighborhood Development Plan;

(d) Approved architectural standards, if any, shall be enumerated in the restrictive covenants recorded prior to the first building permit, and enforced by the owners' association; and

(e) When architectural standards are employed, all architectural plans for new buildings, expansions and remodeling shall be reviewed by a Town Architect retained by the developer for conformance with the architectural standards and the Neighborhood Development Plan.

(2) General design guidelines in the Neighborhood Development District:

(a) Compatibility of design.

[1] Buildings within a block face must.

[2] A commercial or mixed-use building must integrate its appearance with the area and shall not exceed twice the height and massing of adjacent buildings.

(b) Human scale design. Human scale design typically reflects the elements listed below.

[1] Buildings should avoid long, monotonous, uninterrupted walls or roof planes. Blank, windowless walls are generally not permitted along street frontages. Where solid walls are required by building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills, lintels, or if the building is occupied by a commercial use, by using recessed or projecting display window cases;

[2] Commercial structures that incorporate awnings or arcades, which may project over the sidewalk into the street right-of-way with Town/Village of Clayton Planning Board approval;

[3] Ground floor retail, service, restaurant and other commercial uses with display windows on a minimum of 50% of the first-floor front to provide views into the interior of buildings;

[4] Entrances and storefronts facing the street;

[5] Doors, windows, balconies, porches and roof decks with visibility of the street and other public spaces to encourage social interaction;

[6] Porches generally as a significant element of the house design, located on the front or side of the dwelling; and

[7] Rear vehicle access from an alley as a preference. However, if a garage is oriented toward the street, it must be located a minimum of 20 feet behind the front facade of the principal structure. Freestanding garages and carport structures for multiple dwelling unit buildings must be designed to be integral with the building design and sited to avoid long and monotonous rows of garage doors and long monotonous building walls.

(3) Guidelines for the provision of neighborhood open space. The purpose of this subsection is to provide and emphasize safe and inviting traditional neighborhood urban open spaces such as squares, parks, and greenways, and to integrate them into the neighborhood pattern for the active and passive enjoyment of neighborhood residents and their guests. Urban neighborhood open space should be planned and improved to be accessible and usable by persons living or working nearby. Urban characteristics are structured, formal and dense. Whereas, rural characteristics are more informal, complement natural features and have low density. Rural open space development should preserve wood lots, open fields, wetlands and other natural features. Except for areas designated as preserves, it should be cleared of underbrush and debris and may contain one or more of the following or similar improvements: landscaping, walks, benches, seating areas, fountains, ponds, ball fields, trails and playground equipment. In all cases stands of trees, streamside areas and other valuable topographic features should be preserved within the open space areas.

§ 235-18 Interpretation and severability.

A. Interpretation. Interpretation and application of the provisions of this chapter shall be held to be minimal requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever the requirements of this chapter differ with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern.

B. Separability. Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

§ 235-19 Effective date.

This chapter shall take effect on August 19, 1989.