A.
Conventional zone districts. For the purposes of this
code, the Town of Clay is divided into the following conventional
zoning districts (an area where lots, structures and uses are uniformly
regulated to fulfill a common purpose):
[Amended 3-1-2010 by L.L. No. 1-2010]
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Section 230-13, Residential Districts
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RA-100 Residential Agricultural
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R-40 One-Family Residential
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R-15 One-Family Residential
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R-10 One-Family Residential
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R-7.5 One-Family Residential
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R-2F Two-Family Residential
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R-TH Townhouse
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R-Apt Apartment
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R-MHC Mobile Home Court
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LuR Limited Use for Riverfront
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R-SR Senior Residence District
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Section 230-14, Recreation Districts
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Rec-1 Recreation
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Section 230-15, Office Districts
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O-1 Neighborhood Office
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O-2 Office
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Section 230-16, Commercial Districts
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NC-1 Neighborhood Commercial
| ||
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HC-1 Highway Commercial
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RC-1 Regional Commercial
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LuC-1 Limited Use for Gasoline Services
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LuC-2 Limited Use for Restaurants
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Section 230-17, Industrial Districts
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I-1 Industrial 1
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I-2 Industrial 2
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S-1 Special Use
| ||
B.
Specialized districts. This code provides for a district(s)
that afford both greater flexibility for development and oversight
by the Town. Such districts, when established by the Town, would be
used as an alternative to a conventional district.
|
Section 230-18, Special Districts
| ||
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PDD Planned Development District
| ||
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GOV Government Controlled Land (indicated on
Zoning Map for information - zone district is RA-100)
| ||
C.
Overlay districts. An overlay district is a form of zone district which imposes additional regulations for specific purposes, such as historic preservation, flooding, parking or other concerns, and may be established at the discretion of the Town Board pursuant to § 230-24C, Zoning amendments, of this code. Overlay districts establish controls that are superimposed upon, and are in addition to, the existing zone district regulations affecting land use and structure.
|
Section 230-19, Overlay Districts
| ||
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HOV Highway
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AFH Airport Flight Hazard
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Gas Trans Gas Transmission
| ||
D.
Zoning Map. The location and boundaries of each zoning
district are shown on the map entitled "Town of Clay Zoning Map,"
certified by the Town Clerk, on file in Town Hall, and which is hereby
declared to be a part of this chapter.
E.
Interpretation of district boundaries. When uncertainty
exists with respect to the boundaries of any district as shown on
the Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following mapped
lot lines shall be construed as following such lot lines. Tax maps,
maintained for assessment purposes, shall be a primary source for
determining the identification of a parcel, its size, location and
boundaries. Unless specifically changed by the Town, zone district
designations shall apply to any successor lots created subsequent
to a Zoning Map amendment.
(2)
Boundaries indicated as approximately following the
center lines of streets shall be construed to follow such center lines.
(3)
Boundaries indicated as following shorelines of streams
and lakes shall be construed to follow such shorelines, and, in the
event of change in the shoreline, shall be construed as moving with
the actual shoreline.
(4)
Boundaries indicated as approximately following the
corporate boundaries of the Town of Clay shall be construed as following
such corporate boundaries.
(5)
Boundaries indicated as parallel to, or extensions of, physical or political features indicated in Subsection E(1) through (4) above shall be so interpreted as parallel or extensions. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map or a description of boundaries, if available, adopted by the Town Board.
(6)
Where a district boundary line divides a lot existing
at the time of adoption of this chapter, the regulations of the applicable
districts shall apply to the respective portions of the lot.
(7)
All land within the Town shall have a zone district
designation. If, for any reason, a lot appears on the Zoning Map to
be without any designation, then it shall be considered to be within
the RA-100 Zone District.
(8)
The Office of the Commissioner of Planning and Development
shall determine the location of zone district boundaries. Any challenge
of that office's determination may be brought by any aggrieved party
to the Zoning Board of Appeals for an interpretation.
F.
Organization of conventional zone district texts.
Each conventional zone district is divided into the following parts:
(1)
Intent statement (in italics) that provides general
guidance and is not enforceable.
(2)
Allowable uses that list individual land uses by name
and assigns each to a Town review procedure.
(3)
Lot and structure dimensional requirements in a schedule
format, indicating numerical type requirements for activities and
structures related to the allowed land uses.
(4)
Supplemental district design standards (not in all
districts) that indicate numerical or review requirements for some
specialized condition.
(5)
Cross-references (as an aid to users) to other sections
of the Zoning Code that may be helpful or are commonly applicable.
G.
Dimensional requirement groupings or categories. In
specific zone districts, more than one set of dimensional standards
may be established to account for the variety of allowable land uses.
Determination of a category for any individual land use shall be made
by the Commissioner of Planning and Development. The groupings of
dimensional requirements were organized according to following:
(1)
No category indicated. When no separate group or category
is indicated, all uses within the district are subject to the same
dimensional standards. (Some land uses may be subject to additional
site plan or special permit standards.)
(2)
Residential: all land uses where a dwelling unit is
the principal activity (includes one-, two-, and multiple-family dwellings,
apartments and townhouses and manufactured homes).
(3)
Nonresidential: land uses that are commonly considered
supportive of or associated with residential areas, but have no dwelling
units. (Examples include schools, religious institutions, and community
centers.)
(4)
Agricultural: land uses involved with a farm, as defined
in this code, or use engaged in a similar activity. (Examples include
farms, farm stands, commercial greenhouses or nurseries.)
(5)
Commercial: land uses engaged in retail, office activity.
(Examples include retail uses, office buildings, medical offices,
and shopping centers.)
(6)
Industrial: land uses involved with production, storage
and distribution. (Examples include warehouses, manufacturing, and
truck terminals.)
Every proposed residential subdivision shall provide a park and recreation area not less than 2,000 square feet per lot or, in the discretion of the Planning Board, a sum as provided in Chapter 105, Fees, in lieu thereof.
A.
RA-100 Residential Agricultural District (based on
A-1).
(1)
Intent. The intent of this district is to accommodate
agricultural activities, to provide a setting for low-density family
dwellings, and supportive nonresidential development in areas of the
Town that are unlikely to be served by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations,
see sections noted:
(4)
RA-100 lot and structure dimensional requirements.
|
Residential
|
Nonresidential
|
Agricultural
| |||
|---|---|---|---|---|---|
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Lot
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Area, minimum
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100,000 sq. ft.
|
5 acres
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10 acres
| ||
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Width, minimum
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250 ft.
|
125 ft.
|
500 ft.
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Coverage, maximum building
|
n/a (%)
|
n/a (%)
|
n/a (%)
| ||
|
Coverage, maximum total
|
n/a (%)
|
n/a (%)
|
n/a (%)
| ||
|
Principal structure and attached accessory structures
| |||||
|
Front yard minimum
|
75 ft.
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100 ft.
|
75 ft.
| ||
|
Side yard minimum
|
25 ft.
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50 ft.
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Greater of 25 ft. or 1.5 times the height
| ||
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Rear yard minimum
|
25 ft.
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50 ft.
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Greater of 25 ft. or 1.5 times the height
| ||
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Maximum height
|
35 ft.
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50 ft.
|
60 ft.
| ||
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Maximum gross floor area
|
n/a (sq. ft.)
|
n/a (sq. ft.)
|
n/a (sq. ft.)
| ||
|
Maximum number of floors
|
n/a
|
n/a
|
n/a
| ||
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Accessory structures: detached, greater than
100 sq. ft.
| |||||
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Front yard minimum
|
75 ft.
|
100 ft.
|
75 ft.
| ||
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Side yard setback
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25 ft.
|
25 ft.
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Greater of 25 ft. or 1.5 times the height
| ||
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Rear yard setback
|
25 ft.
|
25 ft.
|
Greater of 25 ft. or 1.5 times the height
| ||
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Maximum height
|
25 ft.
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25 ft.
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60 ft.
| ||
(5)
RA-100 supplemental district design standards.
(a)
Perimeter landscape strip (feet): n/a.
(b)
Additional setback abutting residential district
(feet): n/a.
(c)
Structure design, scale and materials. Subject
to designated board review, shall reflect and be sympathetic to the
existing or planned character of residential structures in the surrounding
area.
(6)
RA-100 special provisions: large lot, one-family dwelling.
Any one-family dwelling maintained on a lot five acres or greater
shall be eligible to use or maintain:
(a)
A portion of the lot for raising agricultural
products, except livestock, for personal consumption or commercial
purposes.
(b)
A seasonal farm stand, subject to ZBA special
permit approval.
(c)
Accessory farm structures subject to residential
lot and structure dimensional standards.
(d)
Agricultural livestock, such as personal food
sources or pets.
B.
R-40 One-Family Residential District (formerly R-1B).
(1)
Intent. The purpose of this district is to allow lower-density,
single-family uses and supportive nonresidential development within
the portions of the Town that are not served by public sewers.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
C.
R-15 One-Family Residential District (formerly R-1A).
(1)
Intent. The intent of this district is to permit moderate-density,
single-family and supportive nonresidential development on sites in
the Town served by both public water and sewer.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
D.
R-10 One-Family Residential District (formerly R-1).
(1)
Intent. This district is intended to permit higher
density, single-family uses and supportive nonresidential development
on sites in the Town served by both public water and sewer.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
E.
R-7.5 One-Family Residential District (formerly R-2).
(1)
Intent. The intent of this district is to preserve
existing high-density, single-family uses and supportive nonresidential
development in areas served by both public water and sewers. This
district may be applied, only in such cases, where it is demonstrated
that the development density is compatible and appropriate to the
affected lands and the surrounding neighborhoods.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
F.
R-2F Two-Family Residential District (formerly R-3).
(1)
Intent. The intent of this district is to permit single-
and two-family dwellings and supportive nonresidential development
on sites served by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
G.
R-TH Townhouse District (formerly R-5).
(1)
Intent. The intent of this district is to permit residential
and supportive nonresidential development on sites in townhouse arrangements
served by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
H.
R-APT Apartment District (formerly R-4).
(1)
Intent. The intent of this district is to permit multiple-family
residential and supportive nonresidential development on sites served
by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
R-Apt residential lot and structure dimensional requirements.
(a)
Lot.
|
One-Bedroom Apartment
|
Two-Bedroom Apartment
|
Three-Bedroom Apartment
| ||
|---|---|---|---|---|
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Area, minimum per dwelling unit (based on calculation
of density, parking, yards, etc.)
|
6,000 sq. ft.
|
6,750 sq. ft.
|
7,500 sq. ft.
| |
|
Width, minimum (ft.)
|
n/a
| |||
|
Depth, minimum (ft.)
|
n/a
| |||
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Coverage, maximum (%)
|
n/a
| |||
I.
R-MHC Mobile Home Court District (formerly T-2).
(1)
Intent. This district accommodates an organized and
managed grouping of individual mobile home units in portions of the
Town served by public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
R-MHC residential lot and structure dimensional requirements.
(a)
Site requirements.
[1]
Minimum parcel size for development: capacity
for at least 100 mobile home units meeting all applicable requirements
of this code.
[2]
Minimum gross land area/mobile home unit: 7,000
square feet/unit.
[3]
Minimum portion of gross land area as an on-site
recreation area: not less than 700 square feet/unit.
(b)
For purposes of interpretation and enforcement,
leased land areas established for occupancy by dwelling units shall
be considered a lot as defined in this code. Any applicable dimensional
standards shall apply to both principal and accessory structures.
J.
LuR Limited Use for Riverfront (formerly T-3).
(1)
Intent. It is the intent to maintain in this district
the quality of environment generally associated with small, narrow
riverfront lots improved with one-family dwellings. This district
is intended to accommodate the community needs, particularly of those
riverfront areas or tracts which were created by default through the
temporary occupancy permit system of the State of New York and, later
on, from grants of these lots to the permit holders. For purposes
of illustration of such intent, reference is made to the "Brewerton
South Shore Tract," as more fully shown on a boundary survey map made
by Richard J. Chiesa, licensed land surveyor, filed in the Onondaga
County Clerk's office on June 11, 1984, as Map No. 6179, consisting
of three sheets.
(2)
Uses permitted:
(a)
One-family dwelling, provided that each lot
shall have river frontage.
(b)
Not more than one dwelling structure shall be
permitted on a single lot at any time.
(c)
Accessory structures limited to: boat dock,
waterfront deck, single-car garage and one accessory building not
to exceed 100 square feet.
(4)
Lot sizes and yards. Every lot shall meet the following
minimum requirements:
K.
R-SR Senior
Residence District.
[Added 3-1-2010 by L.L. No. 1-2010]
(1)
Intent. Due to the growth of the senior citizen population in the
Town it is the intent to create a zone which accommodates persons',
who are age 55 and above, particular living needs, as opposed to the
population at large. These districts will differ from traditional
residential districts in terms of allowing mixed land uses; small
office and retail support services; handicapped, social, recreational
and medical facilities orientated to this age group and specialized
parking requirements. They may be for citizens with lower incomes
or built as market-rate housing, or a mixture of both. It is intended
to allow both single-family and multifamily units within the same
zone. Such development shall occur on sites served by both public
water and sewers.
[Amended 5-20-2019 by L.L. No. 2-2019]
(2)
Recording requirement. In order to provide adequate notice to tenants, the public and subsequent owners of the property regarding the applicable age restriction and other Town rules related to this Subsection K, the filing of an approved covenant or other notice in the office of the County Clerk in the property chain of title shall be required prior to the issuance of a building permit. The form and content of a proposed covenant or notice shall be approved by the Town prior to a final determination. The applicant/owner must provide the Town with proof of recording in the form of a filing receipt prior to obtaining a building permit.
(3)
Uses allowed.
(b)
Planning Board site plan approval:
[1]
Senior housing development.
[2]
Senior citizen facility.
[3]
Affordable senior citizen facility.
[4]
Senior community center.
[5]
Nursing home/senior assisted-living facility. (No more than
30% of the total dwelling units shall be for any combination of these
purposes.)
[6]
Senior day-care facility.
[7]
Senior independent-living facility.
(d)
ZBA special permit approval and optional advisory referral to
the Planning Board:
[1]
Home occupation.
(e)
Town Board special permit approval and optional advisory referral
to the Planning Board:
[1]
Senior support services greater than 2,000 square feet and less than 3,500 square feet per usage {together with Subsection K(3)(c)[2] above not to exceed 10% of the total habitable square feet}.
(4)
Cross-reference to other commonly used regulations; see sections
noted:
(5)
R-SR residential lot and structure dimensional requirements.
(a)
Lot: Each project shall have a minimum of five buildable acres
and 100 feet road frontage.
(c)
Multiple-family dwelling.
[2]
Principal structure and attached accessory structures (no habitable
space below grade/ground surface, structures must have peaked roof).
(6)
R-SR supplemental district design standards.
(a)
Perimeter landscape strip (nonresidential/senior support services
only): 25 feet.
(b)
Lot and structure design, scale, and materials: subject to site
plan review.
(c)
Multiple buildings on one lot. More than one principal land
use and/or principal structure is permitted in this district, subject,
if applicable, to subdivision review and to site plan review for each
lot development.
Architectural review standards. The design,
construction and materials of all structures in this district shall
demonstrate compatibility to adjacent residential developments. Such
factors may include architectural style of the building and its massing,
roofline, exterior facade materials, color of materials, windows,
doors and service areas and other aspects of the building design.
A.
Rec-1 Recreation District (based on C-9).
(1)
Intent. The intent of this District is to preserve
and enhance the quality of existing or planned residential areas.
It allows for a variety of community and recreational uses to serve
the needs of the residents of the Town. Uses and structures within
this District shall emphasize the scale and design of any proposed
uses to ensure compatibility with existing or planned residential
development.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a
building permit: (reserved)
(b)
Planning Board site plan approval:
[1]
School.
[2]
Day-care center.
[3]
Religious institution.
[4]
Library.
[5]
Community center.
[6]
Outdoor recreation - participant.
[7]
Outdoor recreation - spectator.
[8]
Indoor recreation - participant.
[9]
Indoor recreation - spectator.
[10]
Secondary use (retail, restaurant, etc.).
[11]
Marina, private.
[12]
Marina, public.
[13]
Instructional facility.
[14]
Park/playground (private).
(c)
Planning Board special permit approval: (reserved)
(d)
ZBA special permit approval and optional advisory
referral to the Planning Board: (reserved)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
Rec-1 supplemental district design standards.
(a)
Perimeter landscape strip: 25 feet.
(b)
Additional setback where abutting residential
district: 50 feet.
(c)
Structure design, scale and materials: subject
to site plan review; shall reflect and be sympathetic to the existing
or planned character of residential structures in the surrounding
area.
Architectural review standards. The design,
construction and materials of all structures in this district shall
demonstrate compatibility to adjacent residential developments. Such
factors may include architectural style of the building and its massing,
roofline, exterior facade materials, color of materials, windows,
doors and service areas and other aspects of the building design.
A.
O-1 Neighborhood Office District (based on R-6).
(1)
Intent. The intent of this district is to preserve
the existing residential quality of the surrounding area while permitting
alternative and compatible office development on selected sites that
may not be suitable for residential use. This district shall emphasize
the scale and design of any proposed office uses to ensure compatibility
with existing or planned residential development.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a
building permit: (reserved)
(d)
ZBA special permit approval and optional advisory
referral to the Planning Board: (reserved)[1]
[1]
Editor's Note: Former Subsection A(2)(e),
regarding Town Board special permit approval and optional advisory
referral to the Planning Board, which immediately followed, was repealed
10-1-2007 by L.L. No. 6-2007.
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
O-1 lot and structure dimensional requirements.
(5)
O-1 supplemental district design standards.
(a)
Perimeter landscape strip: 15 feet.
(b)
Additional setback where abutting residential
district: 25 feet.
(c)
Structure design, scale and materials: subject
to site plan review; shall reflect and be sympathetic to the existing
or planned character of residential structures in the surrounding
area.
B.
O-2 Office (based on C-1 and R-7).
(1)
Intent. The intent of this district is to preserve
the existing residential quality along portions of major roads within
the Town. It shall also respect the general character of the surrounding
area while permitting alternative and compatible office development
on selected sites that are not suitable for residential use. This
district shall emphasize the scale and design of any proposed office
uses to ensure compatibility with existing or planned residential
development.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a
building permit: (reserved)
(d)
ZBA special permit approval and optional advisory
referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional
advisory referral to the Planning Board:
[1]
Emergency vehicle station.
[2]
Bank/credit union.
[3]
Medical office.
[4]
Drive-in service.[2]
[2]
Editor's Note: Former Subsection B(2)(e)[4], instructional facility, was repealed 10-1-2007 by L.L. No. 6-2007. The local law also redesignated Subsections B(2)(e)[5] and [6] as Subsections B(2)(e)[4] and [5], respectively.
[5]
Secondary use.
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(5)
O-2 supplemental district design standards.
(a)
Perimeter landscape strip: 15 feet.
(b)
Additional setback where abutting residential
district: 25 feet.
(c)
Structure design, scale and materials: subject
to site plan review; shall reflect and be sympathetic to the existing
or planned character of residential structures in the surrounding
area.
(d)
Office parks and multiple buildings on one lot.
More than one principal land use and/or principal structure is permitted
in this district, subject, if applicable, to subdivision review and
to site plan review for each lot development.
Architectural review standards. The design,
construction and materials of all structures in this district shall
demonstrate compatibility to adjacent residential developments. Such
factors may include architectural style of the building and its massing,
roofline, exterior facade materials, color of materials, windows,
doors and service areas and other aspects of the building design.
A.
NC-1 Neighborhood Commercial District (based on C-2).
(1)
Intent. It is the intent to maintain in NC-1 Districts
the quality of environment that is usually found in areas of commercial
use often located near residential neighborhoods. The intensity and
scale of the uses, lots and structures are intended to be compatible
to nearby residential areas. Compatibility of site development shall
be enhanced by encouraging adequate provisions for landscaped open
space, attractive architecture and other amenities.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
NC-1 supplemental district design standards.
(a)
Perimeter landscape strip: 10 feet.
(b)
Additional setback where abutting residential
district: 25 feet.
(c)
Lot and structure design, scale and materials:
subject to site plan review; shall reflect and be consistent with
the existing or planned character of the surrounding area.
(d)
Multiple buildings on one lot. More than one
principal land use and/or principal structure is permitted in this
district, subject, if applicable, to subdivision review and to site
plan review for each lot development.
B.
HC-1 Highway Commercial (based on C-2).
(1)
Intent.
(a)
It is the intent to maintain in this district
the quality of environment that is usually found in areas of commercial
use often located near, but generally not immediately adjacent to,
residential neighborhoods. The intensity and scale of the uses, lots
and structures are intended to be commensurate to moderately concentrated
business areas.
(b)
Development in these districts should be designed
so as to be compatible with the general characteristics which exist
or are to be expected in the nearby neighborhoods, such as open space,
green areas, landscaping and architecture.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a
building permit: (reserved)
(b)
Planning Board site plan approval:
[1]
Retail use.
[2]
Personal service use.
[3]
Office building.
[4]
Bank/credit union.
[5]
Theater, indoor.
[6]
Shopping center.
[7]
Public self-storage facility.
[8]
Medical office.
[9]
Outdoor retail sales and service.
[10]
Day-care center.
[Added 3-20-2006 by L.L. No. 3-2006]
[11]
Instructional facility.
[Added 10-1-2007 by L.L. No. 6-2007]
(d)
ZBA special permit approval and optional advisory
referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional
advisory referral to the Planning Board:
[1]
Emergency vehicle station.
[2]
Restaurant.
[3]
Automobile car wash facility.
[4]
Motor vehicle service.
[Amended 4-5-2010 by L.L. No. 3-2010]
[6]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[7]
Drive-in service.
[8]
Hotel/motel.
[9]
Veterinary care facility.
[10]
Indoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[11]
Indoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[12]
Outdoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[13]
Outdoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[14]
Motor vehicle sales (limited).
[Added 3-5-2012 by L.L. No. 1-2012]
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
HC-1 supplemental district design standards.
(a)
Perimeter landscape strip: 20 feet.
(b)
Additional setback where abutting residential
district: 30 feet.
(c)
Lot and structure design, scale and materials:
subject to site plan review; shall reflect and be consistent with
the existing or planned character of the surrounding area.
(d)
Multiple buildings on one lot. More than one
principal land use and/or principal structure is permitted in this
district, subject, if applicable, to subdivision review and to site
plan review for each lot development.
C.
RC-1 Regional Commercial (based on C-3, -5, -7 and
-10).
(1)
Intent. This district is intended to allow for diverse,
large-scale commercial development of potentially multiple lots, structures
and uses arranged in a planned and coordinated manner. Such development
shall be treated as a unified development maintaining coordinated
site management of shared parking, signage and similar site improvements.
This district shall emphasize design to ensure compatibility with
adjoining properties, land uses, public facilities and environmental
features and, therefore, each shopping center complex shall conform
to both district and individual lot development standards.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a
building permit: (reserved)
(b)
Planning Board site plan approval:
[1]
Shopping center.
[2]
Retail use.
[3]
Personal service use.
[4]
Office building.
[5]
Bank/credit union.
[6]
Restaurant.
[7]
Theater, indoor.
[8]
Motel/hotel.
[9]
Medical office.
[10]
Hospital/clinic.
[11]
Nursing home/assisted-living facility.
[12]
Public self-storage facility.
[13]
Outdoor retail sales and service.
[14]
Veterinary care facility.
[15]
Day-care center.
[Added 3-20-2006 by L.L. No. 3-2006]
[16]
Instructional facility.
[Added 10-1-2007 by L.L. No. 6-2007]
(c)
Planning Board special permit approval: (reserved)
(d)
ZBA special permit approval and optional advisory
referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional
advisory referral to the Planning Board:
[1]
Emergency vehicle station.
[2]
Drive-in service.
[3]
Automobile car wash facility.
[4]
Motor vehicle service.
[Amended 4-5-2010 by L.L. No. 3-2010
[6]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[7]
Gasoline service station.
[8]
Nightclub/dance hall.
[9]
Indoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[10]
Indoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[11]
Outdoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[12]
Outdoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[13]
Motor vehicle sales (limited).
[Added 3-5-2012 by L.L. No. 1-2012]
[14]
Animal care/training facility.
[Added 7-17-2023 by L.L. No. 3-2023]
[15]
E-commerce or delivery use.
[Added 6-20-2023 by L.L. No. 2-2023]
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
RC-1 lot and structure dimensional requirements.
(a)
RC site.
[1]
The following site requirements shall supersede
and override any of the following individual lot or structure requirements
and shall collectively apply to all lots within the complex:
[2]
Required yards for an RC site shall apply to
all principal uses and structures within the RC site. These yards
are determined in the same manner as yards for an individual lot.
These yards shall include within the same space any perimeter landscape
strip required above. These site requirements shall apply to RC sites
occupied by a single principal use or multiple principal uses.
(5)
(6)
RC-1 supplemental district design standards.
(a)
Individual lot perimeter landscape strip: subject
to site plan review.
(b)
Additional setback where abutting residential
district (feet): n/a.
(c)
Lot and structure design, scale and materials:
subject to site plan review.
(d)
Multiple principal uses or structures are permitted,
subject to site plan and/or subdivision review, if applicable.
D.
LuC-1 Limited Use District for Gasoline Services (based
on C-4).
(1)
Intent. The intent of this district is to augment
the uses of existing or planned general commercial districts with
the enumerated limited uses. In this district, it allows for the inclusion
of motor vehicle and gasoline service facilities to serve the residents,
employees and customers of surrounding residential neighborhoods or
business areas.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
LuC-1 supplemental district design standards.
E.
LuC-2 Limited Use District for Restaurants (based
on C-8).
(1)
Intent. The intent of this district is augment the
uses of existing or planned general commercial districts with the
enumerated limited uses. This district is to allow for restaurant
land uses on sites that afford adequate parking, storage and related
facilities in a manner that is compatible with the existing or planned
character of surrounding commercial or industrial land uses and with
minimal or no adverse effect upon public facilities and environmental
features.
(2)
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
LuC-2 supplemental district design standards.
Introduction. The industrial districts are for
those areas of the Town that are found to be suitable for heavy commercial
and/or industrial activities. These activities comprise land uses
and structures that are engaged in the large-scale production or processing
of raw materials; the transformation of materials from one form to
another; the handling, storage or production of significant quantities
of potentially hazardous or objectionable materials, and/or the use
of dangerous or obnoxious processes used in the production or handling
of materials. All of these activities are expected to require good
access to transportation routes, extra attention for fire and emergency
services, and may require specialized water or sanitary sewage services.
The districts are generally ordered in increasing level of intensity.
Industrial District 1 is for lowest intensity types of industrial
land uses, those that operate within enclosed structures and are least
likely to have adverse impacts beyond their individual properties.
Industrial 2 is for moderate-intensity land uses that may have exterior
activity, will tend to be larger in scale and may have more objectionable
characteristics requiring more monitoring and mitigation measures.
The S-1 Special Uses District is for high-intensity land uses that
may employ unique processes or materials which need to be sensitively
placed within the Town.
A.
Performance standards for all industrial districts.
(1)
Noise. No land use activity shall emit noises measured at the property lines of the subject property exceeding 70 decibels between 6:00 a.m. and 10:00 p.m., or 60 decibels between 10:00 p.m. and 6:00 a.m. These maximum sound levels may be intermittently exceeded by not more than seven decibels for a maximum of six minutes during any sixty-minute period. Any land use activity on property that is entirely or partially within 500 feet of a Residential Zone District shall be subject to the more restrictive noise standards of either this section or of the Town of Clay Code, Chapter 152.
(2)
Vibration. No land use activity shall emit intermittently,
or, as a result of normal operations, any vibration that creates an
unreasonable displacement as determined at the property lines of the
subject property by the Commissioner.
(3)
Dust and dirt. No land use activity shall emit quantities
of soot, cinders or fly ash measured at the emitting source, in excess
of the more restrictive current standard of either the United States
Environmental Protection Agency (EPA) or NYS Department of Environmental
Conservation (NYSDEC). Other kinds of dust, dirt and other particulate
matter shall not exceed any applicable emission standards established
by either by EPA or NYSDEC. There shall be no dust and/or dirt generated
by any other sources related to the land use activity as observed
by the Commissioner crossing the property lines of the subject property.
(4)
Smoke. No land use activity shall emit smoke, measured
at the emitting source, in excess of the more restrictive current
standard of either the United States Environmental Protection Agency
(EPA), US Bureau of Mines or NYS Department of Environmental Conservation
(NYSDEC), as observed by the Commissioner.
(5)
Noxious gases. No land use activity shall emit such
quantities of noxious acids, fumes, or gases in such manner and concentration
as to endanger the health or safety of any person, or to cause or
have a tendency to cause injury or damage to property, business or
vegetation.
(6)
Odor. No land use activity shall emit any odor at
the property lines that is unreasonably offensive, as determined by
the Commissioner.
(7)
Lighting and glare. No land use activity shall illuminate
its property or engage in processes that emit direct or reflected
glare that is determined by the Commissioner to be unreasonably intense
or offensive when visible at the property lines. No lighting of signs,
buildings or yards shall be allowed, unless it is of such intensity,
location, direction and shielding so as not to impair the vision of
any motor vehicle driver. Any land use activity, structure or site
improvement on property that is entirely or partially within 500 feet
of a Residential Zone District shall be subject to the more restrictive
lighting standards of either this section or of the Town of Clay Zoning
Code § 230-22B(6), Illumination.
(8)
Radioactive materials. No land use activity shall
emit any form or quantities of radioactive materials that are considered
unsafe under standards established by the United States Bureau of
Standards, and/or the NYS Department of Labor.
(9)
Fire and safety hazards. All buildings, operations,
storage, waste disposal, etc. shall be in accordance with applicable
provisions of the NYS Uniform Fire Prevention and Building Code.
B.
(Reserved for additional comments and common regulations
for the following zones.)
C.
I-1 Industrial 1 District.
(1)
I-1 intent. The purpose of the I-1 District is to
promote and accommodate those kinds of industrial uses that provide
the logistical assembly, shipping, storage, servicing, or similar
support for retail or other business uses. Nonindustrial uses are
limited to large office buildings or land uses that are essential
to the district. These uses are expected to conduct all operations
in one or more buildings, organized in a well-planned setting within
enclosed structures in a clean, quiet manner that results in little
or no exterior evidence of industrial activity and, therefore, can
be compatible to nearby commercial or residential areas.
(2)
Uses allowed. In addition to the following requirements,
all land uses and/or structures shall comply with all relevant local,
county, state or federal permits and regulations prior to or as a
condition of final zoning approval.
(a)
Department of Planning and Development issuing
a building permit: (reserved)
(d)
ZBA special permit approval and optional advisory
referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional
advisory referral to the Planning Board:
[1]
Trucking terminal.
[2]
Outdoor furnace.
[Added 10-19-2009 by L.L. No. 4-2009]
[3]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[4]
Commercial nursery.
[Added 2-7-2011 by L.L. No. 1-2011]
[5]
Commercial greenhouse.
[Added 2-7-2011 by L.L. No. 1-2011]
[6]
Motor vehicle sales (limited).
[Added 3-5-2012 by L.L. No. 1-2012]
[7]
Motor vehicle storage.
[Added 8-18-2014 by L.L.
No. 1-2014]
[8]
Hospital/clinic.
[Added 9-7-2016 by L.L.
No. 5-2016]
[9]
Animal care/training facility.
[Added 9-7-2016 by L.L.
No. 7-2016]
[10]
Outdoor recreation, participant.
[Added 6-27-2022 by L.L. No. 2-2022]
[11]
Outdoor recreation, spectator.
[Added 6-27-2022 by L.L. No. 2-2022]
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
Industrial 1 supplemental district design standards.
(a)
Front perimeter landscape strip (% of front
yard depth): 50%.
(b)
Additional side or rear yards where abutting
a nonindustrial district: 50 feet.
(c)
Structure design, scale and materials:
[1]
When a new or modified land use and/or structure
is proposed on any property that is entirely or partially within 500
feet of a Residential Zone District boundary, then the reviewing board
shall also consider the compatibility of the site and building design,
scale of site development, and any impacts related to such development
with the existing or planned character of those residential zones.
[2]
Any open storage of materials or waste shall
be screened from view from all property lines with a seven-foot-high
fence, hedge or similar opaque barrier. Such screening shall comply
with applicable setbacks.
[3]
Architectural review standards. The design,
construction and materials of all structures in this district shall
demonstrate compatibility to adjacent residential developments. Such
factors may include architectural style of the building and its massing,
roofline, exterior facade materials, windows, doors and service areas
and other aspects of the building design.
D.
I-2 Industrial 2 District.
(1)
I-2 intent. The purpose of the I-2 District is to
promote and accommodate processes that primarily operate in a clean
and orderly manner that may involve exterior activities sensitive
to environmental features and available public services. Other uses
are permitted that provide the logistical assembly, shipping, storage,
servicing, or similar support for retail or other business uses. This
district should be located away from residential districts.
(2)
Uses allowed. In addition to the following requirements,
all land uses and/or structures shall comply with all relevant local,
county, state or federal permits and regulations prior to or as a
condition of final zoning approval.
(a)
Department of Planning and Development issuing
a building permit: (reserved)
(b)
Planning Board site plan approval:
(c)
Planning Board special permit approval: (reserved)
(d)
ZBA special permit approval and optional advisory
referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional
advisory referral to the Planning Board:
[1]
Heavy equipment sales, service, exterior storage
and display.
[2]
Contractor's service yard.
[3]
Motor vehicle storage.
[4]
Outdoor furnace.
[Added 10-19-2009 by L.L. No. 4-2009]
[5]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[6]
Commercial nursery.
[Added 2-7-2011 by L.L. No. 1-2011]
[7]
Commercial greenhouse.
[Added 2-7-2011 by L.L. No. 1-2011]
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
Industrial 2 supplemental district design standards.
[Note: When a lot is surrounded on all sides (including across a highway
ROW) by other industrial zones, the standards with the asterisk (*)
apply.]
(a)
Front perimeter landscape strip (% of front
yard depth): 50%; *25%.
(b)
Additional side or rear yards where abutting
a nonindustrial district: 100 feet.
(c)
Structure design, scale and materials:
[1]
When a new or modified land use and/or structure
is proposed on any property that is entirely or partially within 500
feet of a Residential Zone District boundary, then the reviewing board
shall also consider the compatibility of the site and building design,
scale of site development, and any impacts related to such development
with the existing or planned character of those residential zones.
[2]
Any open storage of materials or waste shall
be screened from view from all property lines with a seven-foot-high
fence, hedge or similar opaque barrier. Such screening shall comply
with applicable setbacks.
E.
S-1 Special Use District.
(1)
S-1 intent. It is the purpose of the S-1 District
to permit uses, that are likely to have objectionable features, by
issuance of a special permit by the Town Board. In order to control
and mitigate the objectionable effects of a proposed use, the special
permit process is intended to be explicitly limited to the approved
activity. Any change of use will require the issuance of a new special
permit by the Town Board. To the maximum extent possible, this district
should be located in existing or planned industrial areas with substantial
physical distances from residential neighborhoods. Furthermore, it
shall be the ongoing policy of the Town to strictly monitor these
uses and to periodically evaluate their associated benefits and/or
impacts upon the Town. Upon discontinuance of any of these uses, the
Town will seek to establish new zone districts that it finds to be
compatible to the existing or planned developments within the vicinity
of the site.
(2)
Uses allowed. In addition to the following requirements,
all land uses and/or structures shall comply with all relevant local,
county, state or federal permits and regulations prior to or as a
condition of final zoning approval.
(b)
Discontinuance or change of an approved land
use.
[1]
Short-term discontinuance: When an approved operating land use ceases operation for a period of at least 12 consecutive months, a new application shall be submitted and reviewed to restart the land use or to change land uses pursuant to the procedures required in Subsection E(2)(a) above.
[2]
Long-term discontinuance: When an approved operating
land use ceases operation for a period of 24 or more consecutive months,
the Town may initiate, on its own action, a zone change for the site
to a zone district it finds to be consistent with the existing or
planned development of the area surrounding the site.
[3]
Change in land use: Any change of an approved operating land use (currently functioning or discontinued less than 12 consecutive months) to a different land use allowed within this district shall require a new special permit by the Town Board, subject to procedures required in Subsection E(2)(a) above.
(3)
Cross-reference to other commonly used regulations;
see sections noted:
(4)
(5)
S-1 supplemental district design standards. [Note:
When a lot is surrounded on all sides (including across a highway
ROW) by other industrial zones, the standards with the asterisk (*)
apply.]
(a)
Front perimeter landscape strip (% of front
yard depth): 50%; *25%.
(b)
Additional side or rear yards where abutting
a nonindustrial district: 100 feet.
(c)
Structure design, scale and materials:
[1]
When a new or modified land use and/or structure
is proposed on any property that is entirely or partially within 500
feet of a Residential Zone District boundary, then the reviewing board
shall also consider the compatibility of the site and building design,
scale of site development, and any impacts related to such development
with the existing or planned character of those residential zones.
[2]
Any open storage of materials or waste shall
be screened from view from all property lines with a seven-foot-high
fence, hedge or similar opaque barrier. Such screening shall comply
with applicable setbacks that may be applicable to the proposed use
or subject property.
A.
Contents of the PDD section.
(1)
Section 230-18B, Planned Development District (PDD): introductory section; intent and procedure overview.
(2)
Section 230-18C, Authorization for a PDD: authorization stating basic land use, area and timing expectations.
|
Note: The next three subsections (§ 230-18D through F) describe the procedures for proposing, reviewing and adopting a PDD. During this entire process, there will be frequent communication and interaction between the Town Board and Planning Board. The primary and advisory roles of each Board will vary, depending upon the step in the process.
|
(3)
Section 230-18D, Concept plan review (Step 1): (Town Board leads) is the initial consideration of the idea for a PDD. This subsection contains procedures for the Town Board, review criteria to evaluate the proposal, and submission requirements for this step.
(4)
Section 230-18E, PDD project plan review (Step 2): (Planning Board leads) is the preparation and review of detailed plans and documentation for the proposed PDD. This subsection contains procedures for the Planning Board, review criteria to evaluate the proposal, and submission requirements for this step.
(5)
Section 230-18F, PDD adoption (Step 3): (Town Board leads) is the finalization of all plans and documentation that is to be considered for formal adoption by the Town Board. This subsection contains procedures for the Town Board, review criteria to evaluate the proposal, and submission requirements for this step.
(6)
Section 230-18G, Implementing the PDD: describes additional reviews that may be required for an adopted PDD to fulfill in order to initiate actual development.
B.
Planned Development District (PDD).
(1)
Intent.
(a)
This district allows for a variety of land uses
and a flexible arrangements of lots, structures, and land uses in
a well-planned and coordinated design. The flexibility of land uses
and lots is achieved by the Town continuously participating in and
approving stages of project planning and development. Any combination
of land uses already permitted within the Town may be proposed for
development on sites under this district. This district is also intended
to accommodate land uses or scales of development that may be unique
or require more consideration by the Town. This district may be applied
anywhere in the Town, provided the project scale and design is found
to further Town planning goals and to be compatible and coordinated
with the environmental constraints and the existing and/or planned
availability of public water, sewer, drainage, and transportation
facilities.
(b)
Substantively and procedurally, the PDD is intended
to promote and maintain a dialogue between the applicant and the Town.
The PDD enables both the applicant and the Town to customize the development
of a site in ways that are not feasible in conventional zone districts.
The development standards are not predetermined, but are created jointly
by the applicant and the Town via the procedures set forth is this
section.
(2)
Procedure overview. The classification of any property
within the Planned Development District (PDD) requires the undertaking
of a three-step process involving the approvals from both the Town
Board and the Planning Board.
(a)
In the first step, concept plan review, the
Town Board, in its legislative capacity, establishes the boundaries
of the proposed PDD and sets the limits on the nature and range of
uses, geometric and site controls and overall project planning. The
Town Board's action is in response to the applicant's submission of
a general outline that sets forth the contemplated development for
the proposed PDD. This step begins a dialogue between the applicant
and the Town, and, it does not commit the Town Board to adopt a PDD
zone change in the final step of this process.
(b)
In the second step, project plan review, the
Planning Board is delegated by the Town Board to be responsible for
ensuring that the general concept outline approved by the Town Board
will be properly implemented. The Planning Board achieves compliance
by reviewing and approving the project plan submitted by the applicant.
The project plan is the detailed narrative and graphic documentation
for the development of the entire PDD.
(c)
The final steps, implementation and enforcement,
are through a formal zone change by the Town Board and site plan and/or
subdivision reviews of individual sites or portions of the PDD by
the Planning Board that ensure the actual construction and development
fully implement the concept and project plans adopted in the formation
of the PDD.
C.
Authorization for a PDD.
(1)
Type of action. Establishment of a Planned Development
District (PDD) is a zone change to the Zoning Map made by the Town
Board, pursuant to the requirements of the NYS Town Law, governing
the formation and modifications of zone districts, the local requirements
of the Town of Clay and the procedures of this section.
(2)
Application to specific lands.
(a)
The PDD regulations are applied and effective
to only a specific area that may include more than one property. The
Zoning Map is amended upon adoption of an approval resolution by the
Town Board of a PDD project plan, pursuant to the requirements of
this section. No permits or other approvals are issued until the zone
change has been approved by the Town Board, as stipulated in PDD adoption
(Step 3).
(b)
Land uses permitted.
[1]
Generally. The Town Board shall specify the
land uses permitted within the PDD when the concept plan for such
district is accepted and may identify specific uses for lots or subareas
within the PDD. The Town Board may establish the unit densities and
other dimensional and performance standards for all uses. If the Town
Board chooses not to establish such standards, then the provisions
of PDD default dimensional and performance standards of this section
shall apply.
[2]
Preassigned land uses. The PDD shall also be
used to address uses, which, due to their size or character, have
potentially significant impacts and require maximum review of location,
scale and design. The following uses shall be permitted only in a
PDD upon specific approval of the Town Board:
[3]
Minimum PDD area.
[a]
Minimum area. No PDD shall have
a gross land area of less than 25 acres, exclusive of existing public
rights-of-way, unless otherwise specified by the Town Board.
[b]
Adding area. Once established,
a PDD may be enlarged to include other contiguous areas regardless
of their size. Such areas, if separated by a public right-of-way,
may be considered contiguous, if, in the opinion of the Town Board,
the continuity of the original PDD is maintained or enhanced.
(3)
Phased development.
(a)
PDD subareas. The Town Board may identify portions
of a PDD as discrete geographic subareas of the project. Such designated
subareas (sections or phases) may have land uses or standards different
from the balance of the PDD, provided that such designated subareas
are fully integrated in the overall development for the entire PDD.
(b)
Project staging. The Town Board may establish
the sequence in which development of a PDD shall proceed by specifying
the order in which subareas, sections or phases of a PDD are to be
developed. If not specified by the Town Board, the Planning Board
may, on its own initiative during the project plan review, establish
a sequence of project staging or approve a proposed sequence by the
applicant.
(c)
Review of project phases. If a proposed PDD
is to be undertaken in a staged development, the Town Board, during
concept review, may phase the schedule of the Planning Board's project
plan approval to correspond with the approved project staging. The
first phase shall consist of a minimum of 25% of the total PDD area.
D.
PDD concept plan review (Step 1). In the first step,
concept plan review, the Town Board, in its legislative capacity,
establishes the boundaries of the proposed PDD and sets the limits
on the nature and range of uses, geometric and site controls and overall
project planning. The Town Board's action is in response to the applicant's
submission of a general outline that sets forth the contemplated development
for the proposed PDD. This step begins a dialogue between the applicant
and the Town; and it does not commit the Town Board to adopt a PDD
zone change in the final step of this process.
(1)
Concept plan review procedures.
(a)
Receipt and referral. An applicant wishing to
propose a PDD shall prepare and submit documents (see concept plan
submissions) to the Town Board. Upon receipt of a PDD proposal, the
Town Board can accept or refuse to consider the proposal for further
action. If the Town Board accepts the PDD proposal for consideration
it shall refer the PDD submission documents to the Planning Board
for its advisory opinion on the formation of the PDD. The Planning
Board shall respond to the Town Board with a written report of its
findings and recommendations within a time period established by the
Town Board, to be not less than 30 days and not more than 90 days,
unless modified by mutual agreement of the Town Board and Planning
Board.
(b)
SEQRA. The Town Board shall declare itself lead
agency for purposes of the NYS Environmental Quality Review Act and
shall determine if the proposed PDD is a Type 1 or unlisted action
and make the appropriate notification or referrals to the applicable
municipalities, involved or interested agencies or other levels of
government.
(c)
Review and discussion. Prior to any informational
or public hearing, the Town Board may meet with the applicant, the
Planning Board or other interested parties to discuss the PDD proposal.
(d)
Informational hearings. The Town Board may hold
an informational hearing; after which, and upon the consideration
of the recommendations by the Planning Board and other agencies, it
may proceed to act on the proposed PDD concept plan.
(e)
Concept plan acceptance. The Town Board shall
consider the proposal and vote to accept, modify or reject the PDD
concept. If the Town Board accepts or modifies the PDD concept, it
shall prepare a written resolution indicating its findings and its
willingness to entertain a zone change upon completion of a PDD project
plan. It shall also authorize the Planning Board to engage in the
review and possible approval of a PDD project plan. It may instruct
the Planning Board of the specific land uses, nature of buildings,
minimum area and geometric controls to be maintained in the PDD or
in designated subareas, project phasing and a timetable of Planning
Board review. The resolution shall include a copy of the accepted
written and graphic PDD concept plans, any SEQRA-related materials,
and other relevant information.
(f)
Concept plan acceptance date. The date of Town
Board acceptance only initiates the second review phase of the PDD
procedures. Upon concept acceptance, the PDD is not in effect and
the applicant does not obtain vested rights for development.
(2)
Concept plan review criteria. The Town Board shall
find that approval of a PDD concept is reasonable and appropriate
in furthering the overall land development policies and goals of the
Town. In making this determination, the Town Board shall consider
and record in its resolution of acceptance how the proposed PDD addresses
the following:
(3)
Concept plan submission requirements. In order to
obtain the conceptual approval of the Town Board for the establishment
of a Planned Development District, a concept plan of the proposal
shall be submitted, comprised of the following components:
(a)
Narrative component. a brief written narrative
outlining the applicant's overall concept for the proposed PDD, including,
but not limited to, the following: an explanation of how the proposed
PDD conforms to concept plan review criteria, the range and mix of
land uses, development density, building types, impact upon existing
and provision for public facilities, points of access, parking, open
space/recreation areas, project financing and phasing, and other applicable
items.
(b)
Graphic component: a generalized graphic plan
of the entire site, drawn to a scale that reasonably depicts the land
use, development patterns, density and improvements addressed in the
applicant's narrative statement.
(c)
Project schedule: an outline of the expected
sequence and duration to fully implement and construct the entire
PDD.
(d)
SEQRA: the long environmental assessment forms
(LEAF), as determined by the Town, in accordance with the NY State
Environmental Quality Review Act (SEQRA).
(e)
Survey: survey(s) or tax maps of the property
or properties proposed for inclusion in the PDD as part of the graphic
component.
(f)
Zone change application forms: forms, as required
by the Town of Clay, available from the Department of Planning and
Development.
E.
PDD project plan review (Step 2). In the second step,
project plan review, the Planning Board is delegated by the Town Board
to be responsible for ensuring that the general concept outline approved
by the Town Board will be properly implemented. The Planning Board
achieves compliance by reviewing and approving the project plan submitted
by the applicant. The project plan is the detailed narrative and graphic
documentation for the development of the entire PDD. This step begins
with the following actions of the Planning Board and concludes with
a recommendation to the Town Board.
(1)
Project plan review procedures.
(a)
Transfer to the Planning Board. Upon acceptance
of a PDD concept plan by the Town Board, the Planning Board shall
begin, with the applicant, the development of a PDD project plan.
(b)
Submittals. The project plan is a substantial
elaboration of the concept plan accepted by the Town Board. It is
a significantly more detailed narrative and graphic documentation
for the development of the entire land area or of designated subareas
within the PDD (see submission requirements). The applicant shall
prepare and submit project plan materials to the Planning Board. The
applicant may submit materials immediately following PDD concept plan
acceptance by the Town Board. All materials shall be prepared and
completed to the satisfaction of the Planning Board.
(c)
Review schedule. Unless otherwise specified
by the Town Board, the project plan shall be acted upon by the Planning
Board within 180 days of the approval date of the PDD concept plan
by the Town Board. Any time within this period, the Planning Board
or the applicant may request or recommend to the Town Board a modification
of this schedule. Failure to obtain project plan acceptance within
the required time limits shall cause the concept plan authorization
to lapse.
(d)
SEQRA. A thorough analysis of environmental
issues shall commence during this stage of the PDD review process
under the authority of the Town Board. The Town Board may retain oversight
responsibility or it may direct the Planning Board to oversee the
preparation and completion of any environmental analysis or DEIS.
In either case, the Planning Board shall advise the Town Board on
the scope and the necessity for a preparation of an environment analysis
or a draft environmental impact statement (DEIS).
(e)
Analysis, review, discussion and referrals.
During its review, the Planning Board shall engage in a substantive
review of the project plan. It may meet with the applicant, government
agencies or other interested parties to improve its understanding
of the proposal. The Planning Board may refer the proposed project
plans to appropriate governmental agencies for any advisory opinion
or recommendation. The Planning Board shall direct the preparation
of a written report of the Board's interim analysis, findings and
progress.
(f)
Informational hearings. The Planning Board may
hold informational hearings for fact-finding and to gather community
input.
(g)
PDD project plan review completion. The Planning Board shall, when it concludes its analysis and review [Subsection E(1)(a) through (f) above], vote to recommend that the Town Board accept, accept with modifications or reject the PDD project plan. It shall base its recommendation upon finding that the proposed project plan is in accordance with the approved concept plan, the Town Subdivision Regulations,[1] and all applicable codes and regulations of Onondaga County
and New York State.
(h)
Planning Board recommendation. The Planning
Board shall, if it finds that all materials and information are acceptable,
direct the preparation of a written report to the Town Board containing
its findings and recommendations. The report shall include, if appropriate,
the accepted written and graphic PDD project plans, a PDD construction
and development schedule, recommended methods of implementation following
final PDD adoption, a draft DEIS or recommended SEQRA findings, and
any other relevant materials.
(2)
Project plan review criteria. The Planning Board shall
determine that approval of a PDD project plan is reasonable and appropriate
in meeting the objectives of the accepted concept plan, and that the
project plan furthers the overall land development policies and goals
of the Town. In making this determination, the Planning Board shall
apply its collective experience and judgment to evaluate the appropriateness
of the development proposed in the project plan. It shall also consider
and record in its resolution of recommendation to the Town Board how
the proposed PDD addresses the following:
(a)
Uses and structures. The variety and arrangement
of land uses and structures throughout the proposed development are
appropriate for the site. The Planning Board may not specifically
prohibit nor permit uses or structures not similarly authorized by
the Town Board.
(b)
Dimensional standards. The Planning Board shall
ensure compliance of the project plan guided by the Town Board resolution
conceptually accepting the PDD. It shall evaluate the project plan
with respect to the minimum area and geometric controls and other
standards set forth by the Town Board or the default standards of
this section if not specifically modified by the Town Board. It shall
evaluate the appropriateness of the proposed density of development
and other factors it finds relevant, such as location, community needs,
public infrastructure and relationship to surrounding development.
(d)
Other zoning reviews. The Planning Board shall
specify recommended zoning review processes and permits that will
control and monitor the implementation of the PDD.
(e)
Feasibility of completing the PDD. The Planning
Board shall evaluate and comment whether the proposed sequence, staging
and expected schedule for implementing the PDD can be achieved in
the manner described. It shall seek to identify any public infrastructure
or improvements that are related to or contingent upon the successful
completion of the proposed PDD and set forth a preliminary schedule
of PDD milestones that are to be achieved after adoption.
(3)
Project plan submission requirements.
(a)
Project plan submissions. The project plan of
the entire site must include graphic documentation, maps, drawings
and other materials that show at a sufficient scale and detail to
allow the Planning Board to evaluate the feasibility and impacts of
the proposed development.
[1]
Site plans for all construction areas preliminarily
showing approximate size, height, and bulk of buildable areas.
[2]
Preliminary landscaping plans showing all open
space, plazas, malls, courts, and pedestrian ways, ponds, waterways
or similar landscaped features.
[3]
Preliminary grading plans showing existing and
proposed topographic contours and any significant natural or sensitive
environmental resources.
[4]
Improvement plans showing existing and proposed
drainage, water and sewer facilities, and easements, if any, within
or affected by the proposed development.
[5]
Vehicular and pedestrian circulation plans showing
proposed streets, points of access, sidewalks and off-street parking
and loading to serve any proposed building or facilities.
[6]
Proposed construction schedule, sequence of
development, project financing and preliminary milestones to be achieved
from time of adoption to completion.
[7]
Preliminary contract and filing documents between
the applicant and Town for any public facilities, districts, enforcement
and management of the PDD.
(b)
Supporting and explanatory material. The Planning
Board may require the submission of additional material to explain
and justify the project plan, which could include but is not limited
to the following:
[1]
Information necessary to assure compatibility
of the proposed project with adjoining existing uses and to Town planning
objectives.
[2]
An explanation of the manner in which all requirements
of the project plan and of other applicable regulations are to be
met.
[3]
Expected treatments or project-wide strategies
for issues such as: signs, lighting, snow storage, building and site
aesthetics.
[4]
Impact and relationship to existing or proposed
public services such as: public infrastructure; solid waste collection;
emergency vehicle, police and fire protection.
F.
PDD adoption (Step 3). The final steps, implementation
and enforcement, are through a formal zone change by the Town Board
and site plan and/or subdivision reviews of individual sites or portions
of the PDD by the Planning Board that ensure the actual construction
and development fully implement the concept and project plans adopted
in the formation of the PDD.
(1)
PDD adoption procedures. A PDD takes effect only upon
the Town Board's approval or approval with modifications of a zone
change incorporating the PDD project plan accepted by the Planning
Board and according to the PDD criteria for adoption and submission
requirements.
(a)
Recommendation to Town Board. The Planning Board
completes and returns its written recommendation of the project plan
to the Town Board. Upon receipt, the Town Board may proceed to considering
a zone change for the proposal.
(b)
Hearings, referrals and SEQRA. The Town Board
shall, pursuant to law and this code, conduct a public hearing(s),
make all required referrals not previously completed, and finalize
the SEQRA process.
(c)
Project plan action. The Town Board shall approve,
approve with modification or disapprove the PDD project plan referred
by the Planning Board. The Town Board resolution shall explicitly
state that the proposed dimensional controls are accepted or the default
dimensional and performance standards apply. It shall also explicitly
state the accepted staging and schedule to implement and construct
the proposed PDD.
(d)
Zone change action. Upon project plan adoption,
the Town Board shall vote to grant the zone change and file its action
pursuant to local and state requirements.
(e)
Filing of approvals. The PDD shall be effective
upon proper execution and filing of all documents, contracts and plans
as a supplement to the Zoning Map.
(2)
PDD criteria for final adoption.
(a)
The Town Board shall confirm or modify and restate
its findings of Town goals addressed in the concept plan (Step 1)
acceptance above.
(b)
The Town Board shall confirm that the PDD project
plan (Step 2) fulfills the expectations established in the concept
plan accepted or as subsequently modified.
(3)
PDD adoption submission requirements.
(a)
Forms and documentation: copies of materials
approved by the Planning Board.
(b)
Reports, referrals and recommendations: any
documents developed or received by the Planning Board during project
plan review.
(c)
Survey(s) and legal descriptions of properties
included in the entire PDD.
(d)
SEQRA documentation, DEIS and preliminary draft
findings (if prepared).
(e)
Final drafts of all contracts, filing documents
and plans and enforcement instructions.
G.
Implementing the PDD. This section identifies processes
that are anticipated to be necessary following Town Board approving
action on the PDD, and depending on the specifics of the proposal,
to allow for actual construction and occupancy of a PDD proposal.
These processes will address development of PDD project details and
potential project changes that are fully consistent with the approved
project plan. These other permits and approvals may be obtained by
the applicant pursuant to the requirements of those individual processes
and/or the requirements specified in the resolution adopting the PDD.
(1)
Town permits.
(a)
Construction compliance. Any use or structure,
open space, infrastructure improvement or regrading shall be established
pursuant to the standards set forth in the adoption of the PDD.
(b)
Site plan and special permit. Subject to the
instructions of the Town Board in final resolution of PDD adoption,
the standards, procedures and submission requirements of a site plan
and/or special permit are to be applied for those individual uses,
structures, or improvements.
(d)
All other Town permits. Building, highway access
and similar permits are required to be obtained pursuant to their
respective permit requirements.
(2)
Other permits. All other agency permits required from
federal, state or county regulations shall be obtained prior to on-site
development activity.
(3)
Failure to implement the PDD. The Town Board may consider,
after notification to the developer-applicant, rezoning actions to
alternative zone districts if the PDD construction of the entire project
or of specified phases is not completed or if adopted PDD milestones
are not achieved within 18 months of the approved PDD project schedule.
H.
Modifications and amendments to an existing PDD. This
subsection describes how changes are addressed after a PDD has been
adopted, constructed and/or occupied. All changes to an existing PDD
will be regulated by the following provisions: changes that will affect
individual lots that have been subsequently established after the
PDD adoption will require approval by the Commissioner or the ZBA;
changes that are directed to the entire PDD or to an identified stage
of the PDD will require review by either the Planning Board or Town
Board depending on the perceived effect.
(1)
Minor modifications affecting one property. The Commissioner
of Planning and Development shall evaluate all modifications and may
either refer the proposal for consideration of a variance by the ZBA
or approve minor modifications for development with the PDD pursuant
to the following:
(a)
Thresholds.
[1]
The proposed change is applicable to one property
within the PDD.
[2]
The proposed change complies with the land use,
dimensional and performance standards.
[3]
There is no change in the defined land use.
[4]
The basic physical relationship and function
of buildings and improvements is maintained.
(b)
Criteria. The Commissioner can find that the
proposed modification does not require any modification of applicable
standards, substantially alter the property from the approved plan
and does not change the relationship to surrounding properties or
improvements.
(c)
Procedure. The Commissioner shall process and
document the approval of such modifications in a manner consistent
with the general procedural and enforcement provisions of this code.
The Commissioner may issue a building permit, certificate of compliance
or similar approvals (e.g., minor subdivision or site plan adjustments)
when authorized by this code.
(d)
Waivers of PDD standards. The Commissioner finds
that the change for a proposed development, improvement, or modification
fails to comply with the land use, dimensional or performance standards
adopted for the specific PDD and shall be subject to the procedures
and standards for issuance of a use or area variance by the Zoning
Board of Appeals.
(e)
Transfer to Planning Board or Town Board. The
Commissioner may require any requested modification to be submitted
for a PDD intermediate design and land use modification by the Planning
Board, or, for a major modification, to the Town Board.
(2)
Intermediate modifications; project plan amendment.
Existing or approved PDD land uses, structures and improvements may
be altered or modified after the effective date of PDD adoption. Unless
otherwise required by the Town Board or Planning Board, such modifications
shall be subject to the issuance of a project plan amendment by the
Planning Board, pursuant to the following:
(a)
Thresholds.
[1]
There are changes in type or location of approved
land uses within the same general land use category (e.g., residential,
commercial, industrial) and within the same PDD section identified
in the approved project plan.
[2]
Increase in floor area in excess of 10% of a
principal or accessory structure.
[3]
Demolition of a principal structure, except
where mandated by an appropriate official in the interest of public
safety.
[4]
Establishment or realignment of new streets
or other public/common areas.
[5]
Any change, except routine replacement and maintenance,
to landscaping, open space, parking, public facilities or other improvements
addressed in the project plan.
(b)
Criteria. The Planning Board shall find that
the proposed modification does not substantially alter any modification
of applicable standards, maintains the basic relationship of the property
to the approved project plan and maintains the basic relationship
to surrounding properties or improvements.
(c)
Procedure. The Planning Board shall review and
consider a project plan amendment under procedures set forth in this
section for adoption of a project plan (Step 2), except that Town
Board approval shall not be required.
(d)
Transfer to Town Board. The Planning Board may,
at any time, find that the proposed modification substantially alters
the project plan and require the requested modification to be submitted
for a PDD major amendment by the Town Board.
(3)
Major modifications. Any modification not addressed
by the minor or intermediate modifications above, exceeding the limits
established at the inception of the district, or expanding or altering
the PDD boundary shall be reviewed and approved by the Town Board,
subject to the procedures for establishing a PDD (Steps 1, 2 and 3).
(4)
Nonconformities. It is the intent of the PDD that no nonconforming elements will exist within the PDD. The flexibility of the land use and geometric controls and review procedures should prevent the creation of any nonconforming element. In the event that a nonconformity does exist, any subsequent changes shall conform to the PDD controls and shall be subject to an issuance of a project plan amendment by the Planning Board [see Subsection H(2), Intermediate modifications].
I.
PDD default dimensional and performance standards.
The following standards are intended to assist the Town by avoiding
any enforcement oversight or ambiguity. A PDD is intended to promote
flexibility and creativity of design; therefore, the following will
apply in the absence of specifically established standards by the
Town Board. Unless the Town Board establishes other controls or standards
at the inception of the district, the following shall apply uniformly,
by default to the entire PDD or to designated portions.
(1)
Land uses. There are no default land uses in a PDD.
(2)
Dimensional controls. The following controls shall
apply, unless specifically modified by the Town Board during the initial
establishment of the PDD:
(a)
Distance between buildings on one lot.
[1]
Residential: front, rear and side yards for
residential uses shall be designed so that a building is no closer
than 20 feet to any other residential building and 50 feet to any
nonresidential building.
[2]
Nonresidential: front, rear and side yards for
nonresidential uses shall be designed so that a building is no closer
than 30 feet to any other nonresidential building and 50 feet to any
residential building.
[3]
For purposes of interpretation, a structure which contains both residential and nonresidential uses shall comply with the requirements of Subsection I(2)(a)[2] above.
[4]
Accessory structures shall be no closer than
10 feet to the principal structure with which they are associated
and no closer than 20 feet to any other principal structure, and five
feet to any other accessory structure.
(b)
Distance from lot lines. The minimum distance
between any point on a principal building and the lot line shall not
be less 10 feet.
(c)
Density of development. Unless the Town Board
has otherwise established a minimum density then all residential development
shall provide an average density of 5,000 square feet per dwelling
unit. Commercial and industrial uses shall maintain an average minimum
density of 20,000 square feet per building.
(d)
Lot coverage. Maximum lot coverage for all development
within a PDD shall not exceed 35% of the gross land area.
(e)
Height. The maximum height of all principal
structures shall not exceed 35 feet for residential buildings and
40 feet for commercial or industrial buildings, and accessory structures
shall not exceed 15 feet.
(f)
Parking/Loading. The parking and loading provisions
of this Zoning Code shall apply to PDDs unless modified by the Town
Board. Shared parking and storage may be included in the calculation
of overall parking compliance.
(g)
Supplementary regulations and site plan standards.
Unless modified by the Town Board when establishing the PDD, the supplementary
regulations and site plan standards of this Zoning Code shall apply
to all development within the PDD.
(3)
Performance standards. Unless modified by the Town
Board when establishing the PDD, the performance standards applicable
to all industrial districts shall apply.
A.
Highway Overlay Zone District.
(1)
Intent. The purpose of this overlay district is to
foster and maintain a balance between major highways or roads within
the Town and private development on lands abutting these roads. These
major routes are identified, from time to time, based on variety of
factors. These factors include traffic volume, highway functional
classification, portion and extent of the Town served by that route.
The balance between road and development sought is to protect the
proper function of the highway by minimizing adverse effects of development
on highway safety or efficiency; to preserve the long-term ability
for a highway to improve and expand; and to protect abutting development
from adverse effects of the highway. This overlay district attempts
to achieve this balance by superimposing on the conventional underlying
zone districts additional standards upon vehicular access points,
and lot width, depth and setbacks. This district will not alter the
allowable land uses permitted within any district affected.
(2)
Application. The Highway Overlay Zone District applies
to lots adjacent to or abutting designated highways. This overlay
district imposes dimensional controls in addition to the conventional
underlying zone district requirements. In the event that there is
a difference or conflict with other sections of this code, then the
more restrictive or largest minimum requirements shall apply.
(3)
Designated highways.
(a)
Designated major highway: a road identified
within this chapter, used primarily for the through movement of vehicles,
and subject to Overlay Zone District restrictions. There are several
types or levels of major highway: A, B, and C. Type A are those that
are currently, or have the potential for becoming, five or more travel
lanes in width. Type B are those that are currently, or have the potential
for becoming, four travel lanes in width. Type C are considered major
roads, but are unlikely to become four travel lanes in width.
(b)
The following roads are hereby determined to
be major roads within the Town of Clay and hereafter referred to as
designated major highways. The precise linear extent of the overlay
zone for each road shall be generally from the center of one intersection
to another, or from the Town boundary to an intersection, as described
in this chapter designating a highway or road to be Type A, B or C.
|
Type A
|
Type B
|
Type C
| |
|---|---|---|---|
|
NYS Route 31
|
Morgan Road
|
Bear Road
| |
|
Route 11
|
Buckley Road
| ||
|
Route 57 (Oswego Road)
|
Caughdenoy Road
| ||
|
I-481
|
VerPlank Road
| ||
|
South Bay Road
|
Vine Street
| ||
|
East and West Taft Roads
|
Wetzel Road (Buckley Road to Route 57)
| ||
|
Henry Clay Boulevard (Route 31 to south Town
line)
|
Henry Clay Boulevard (Route 31 north to Oak
Orchard Road)
|
(c)
Designated minor highway. A road identified
within this chapter fulfilling similar transportation objectives as
designated major highways, but has lower traffic volumes and capacity.
|
(Reserved for designated minor highways)
|
(4)
Schedule of requirements.
(a)
Definitions.
[1]
Lots with access: lots that are existing or
proposed, which, due to the lot configuration or a lack of alternative
road frontage, require direct vehicular driveway access to the Type
A, B or C highway.
[2]
Lots without access: lots that are existing
or proposed, which have or can have direct vehicular driveway access
to a nondesignated highway or local street and have no planned or
permitted vehicular access directly onto a Type A, B or C highway.
(b)
Requirements.
[1]
Schedule.
|
Lot Area and Frontage
|
Lots with Access
|
Lots without Access
| ||
|---|---|---|---|---|
|
Lot area, minimum
| ||||
|
Type A
|
2 times minimum area
|
Conventional zone district
| ||
|
Type B
|
1.75 times minimum area
|
Conventional zone district
| ||
|
Type C
|
1.5 times minimum area
|
Conventional zone district
| ||
|
Minor highway
|
1.25 times minimum area
|
Conventional zone district
| ||
|
Lot frontage, minimum
| ||||
|
Type A
|
2 times minimum frontage
|
Conventional zone district
| ||
|
Type B
|
1.75 times minimum frontage
|
Conventional zone district
| ||
|
Type C
|
1.5 times minimum frontage
|
Conventional zone district
| ||
|
Minor highway
|
1.25 times minimum frontage
| |||
[2]
If there is no required minimum lot width or
frontage in the underlying conventional district, then lots affected
by the overlay shall have a minimum frontage of 200 feet and a minimum
depth of 200 feet.
(5)
Designated highway setback: the required distance,
measured perpendicularly from the existing highway pavement center
line into the lot and within which no structure or parking shall be
placed unless provided for in this code.
|
Required Setback for All Lots
(feet)
| |||
|---|---|---|---|
|
Principal structure
| |||
|
Type A
|
165
| ||
|
Type B
|
140
| ||
|
Type C
|
115
| ||
|
Minor highway
|
100
| ||
|
Accessory structure (e.g., swimming pool, storage
shed)
| |||
|
Type A
|
115
| ||
|
Type B
|
90
| ||
|
Type C
|
65
| ||
|
Minor highway
|
50
| ||
|
Parking area
| |||
|
Type A
|
90
| ||
|
Type B
|
70
| ||
|
Type C
|
55
| ||
|
Minor highway
|
50
| ||
(6)
Highway Overlay District corner lot requirements.
(a)
Lots situated at the intersection of a Type
A, B, or C highway and a minor highway or a nondesignated highway
shall have a minimum depth, measured along the nondesignated ROW,
of 250 feet from the Type A, B, or C highway right-of-way edge.
(b)
Driveway access for a corner lot to either a
designated highway or a nondesignated highway shall be no closer than
100 feet to the intersection of the highway right-of-way lines.
(c)
Within the triangular area formed by the intersection
of two right-of-way lines and a third line joining them at points
50 feet away from their intersection, there shall be no planting or
structures which obstruct motorists' vision or diminish highway sight
distance.
(7)
Highway overlay subdivision review. The subdivision
of any lot or portion of a lot that abuts a designated highway shall
be subject to subdivision review and approval, regardless of the number
or orientation of the proposed lots.
(8)
Highway Overlay District exceptions for existing lots.
(a)
Residential districts: New residential developments
shall comply. For existing reverse-frontage lots (rear yards), the
arterial setback shall be reduced by 50 feet for additions, swimming
pools and accessory structures.
(b)
Lots and structures legally existing that do
not comply to the regulations in this section may continue to be used
and developed subject to the following:
[1]
An existing lot which has less than the minimum
lot area, frontage and/or lot depth may be developed in accordance
with the applicable zone district regulations, provided it complies
with the required designated highway setbacks and any applicable driveway
permit standards.
[2]
Additions, renovations and similar improvements
may be made upon existing principal or accessory structures in accordance
with the applicable conventional zone district regulations, even if
that existing structure fails to comply with designated highway setback
requirements. However, those improvements shall not encroach closer
to the designated highway than the existing structure.
B.
AFH Airport Flight Hazard Districts. The following
regulations shall apply in all Airport Flight Hazard Districts.
(1)
Overlapping or combined districts. An Airport Flight
Hazard District may overlap or be combined with other zoning districts
of the Town of Clay. In the event that such Airport Flight Hazard
District overlaps or is combined with lands of other zoning districts
of the Town of Clay, both the provisions of such other zoning district
and of the Airport Flight Hazard District shall apply to such land
and airspace; provided, however, that notwithstanding the regulations
contained in any part of this chapter, no exception to the height
limit shall be permitted in any zoning district which is combined
with such Airport Flight Hazard District, except to the extent that
the height limit specified in such Airport Flight Hazard District
exceeds the height limit specified in the zoning district.
(2)
Airspace included in an Airport Flight Hazard District.
(a)
All airspace located within the boundaries of
the Town of Clay located over Hancock International Airport, Michael's
Field and Airlane Enterprise Field and that airspace beyond and within
3,000 feet of the perimeter of said airports computed at a gliding
angle of one foot in height to every 30 feet of horizontal distance
from and beyond the nearest point of the perimeter of said airports.
(b)
All airspace located within the boundaries of
the Town of Clay located over Hancock International Airport, Michael's
Field and Airlane Enterprise Field and that airspace extending for
a distance of 10,000 feet at a gliding angle of one foot to every
50 feet of horizontal distance computed from a point 200 feet beyond
the end of each runway used for instrument flight operations, and
one foot in height for each 40 feet in horizontal distance computed
from said point or points for all other flight operations.
(3)
Height limitation. No structure, building, tower, pole, wire, tree or other thing or portion thereof shall be erected, created, established or used within an Airport Flight Hazard District in such a manner that any part or portion thereof would extend or protrude into the airspace identified and set forth in Subsection B(2) of this section.
C.
Gas Transmission Overlay.
(1)
High-pressure natural gas transmission lines.
(a)
Notwithstanding any code, rule, regulation,
Code or law to the contrary, no structure shall be permitted within
25 feet of the right-of-way line or property line of any high-pressure
natural gas transmission line in the Town of Clay. A high-pressure
natural gas transmission line is defined as one whose normal operating
pressure is equal to or in excess of 250 pounds per square inch.
(b)
Any proposed construction, excavation or site
work within 50 feet of any such right-of-way or property line shall
not be commenced until the applicant has submitted to the Town of
Clay Planning Board a statement, verified by a licensed land surveyor,
showing the depth of the transmission line from existing grade, and
the Planning Board has approved such construction, excavation or site
work.
(c)
There shall be no trees, shrubbery or planting
whose root systems could possibly reach the transmission line placed
or planted anywhere within such right-of-way or property.
(d)
No water, sewer, drainage or electricity lines
shall cross any such transmission line until the plans therefor have
been approved by the Town of Clay Planning Board.
(e)
These regulations apply only to high-pressure
gas transmission lines constructed in accordance with the applicable
provisions of the ASA Code for gas transmission lines constructed
within the boundary lines of cities and villages. In any case where
high-pressure gas transmission lines are not constructed in accordance
with the provisions of the above-mentioned ASA Code, a special permit
shall be required from the Planning Board before any structure is
constructed or located or any septic tank or drain field is installed
within 300 feet from such high-pressure gas transmission line.
(2)
Setback from hazardous liquid transmission pipelines.
(a)
No structures shall be constructed or located
or septic tank, drain field, or other underground facility be installed
closer than 200 feet from any hazardous liquid transmission pipeline,
unless such pipeline is covered by not less than three feet of compacted
earth, in which case such setback shall be 50 feet.
(b)
Verification of the amount of cover over the
pipeline shall be to the satisfaction of the Town of Clay Planning
Board, and the determination shall be made by it as part of a subdivision
or site plan approval process, or, in the event neither such process
is involved by the issuance of a special permit, by the Planning Board.
(c)
In the event the reduced setback is permitted,
no regrading shall take place within the setback space without the
approval of the Planning Board, and signs conveying this restriction
shall be erected and maintained at locations approved by the Planning
Board.
