A.
No building, structure or land shall hereafter be
used or occupied and no building, structure or part thereof shall
be erected, moved or altered unless in conformity with the applicable
regulations of this chapter.
B.
No building or structure shall hereafter be erected
or altered to be less than one full story in height, nor shall any
building be used as a dwelling unless it is one full story or more
in height, as defined in this chapter.
C.
No lot shall be reduced in size if, as a result thereof,
its area or any of its dimensions or open spaces shall be smaller
than required by this chapter.
D.
On any lot fronting on a major road, the minimum building
setback shall be 75 feet from the street line of the major road.
E.
Any required yard shall be entirely open and unoccupied
by buildings other than:
(1)
Entrance porch or steps not over seven feet deep in
a front yard.
(2)
Porches or terraces in side or rear yards, provided
that they are not covered nor enclosed and are no closer to the lot
lines than required by the applicable setback restrictions.
(3)
Detached accessory buildings occupying not over 25%
of a required rear yard and setback as required by this chapter.
F.
No part of any yard or open space required for any
building shall be included as part of the yard or open space required
for another building.
A.
No use, activity or occupation shall be permitted
in any district of the Town which causes odors, gases, excessive smoke,
fumes, vibration or other objectionable effects which carry beyond
the premises on which such use, activity or occupation is conducted.
B.
No effluent or matter of any kind shall be discharged
into any stream or body of water which violates established stream
standards of the New York State Department of Environmental Conservation
or otherwise causes objectionable odors or fumes or which is poisonous
or injurious to human, plant or animal life.
C.
The use of bituminous or soft coal and other excessive
smoke-producing fuels is prohibited in all districts of the Town.
D.
Soil-stripping and the sale or disposition of topsoil
except for use on the premises from which it comes is prohibited,
except insofar as it is necessary and incidental to sand and gravel
operations or lawful excavations for cellars and other structures.
E.
The storing or dumping of refuse, waste material or
other substances is prohibited in all districts within the Town, except
for the purpose of filling in to establish grade, for which a permit
must be obtained from the Planning Board by the owner. The permit
shall require that the fill is of clean, noncombustible matter, containing
no garbage, refuse, offal or deleterious matter of any nature, and
that the material shall be immediately leveled off and covered with
at least one foot of clean, nondeleterious topsoil, followed by either
immediate placement of a hard surface or immediate reseeding pasture
or other fast-growing surface vegetation until growth of the same
is established, or such other temporary measures as necessary to check
erosion until weather permits more permanent measures. Said Board
may impose other reasonable provisions and shall ensure that the operation
shall be hazard- and nuisance-free and may require the posting of
a surety company bond as a condition. All permits so issued shall
expire one year following the date of issuance and may be renewed
under the same procedures as the original. A suitable fee may be charged
according to a schedule established by the Board, and all permits
are valid only insofar as the conditions under which they may be issued
are maintained.
F.
No materials of any kind shall be stored in any district of the Town, except for the construction of structures to be actually erected upon the premises where such materials are stored within one year from the beginning of such storage and except for farm produce and farm machinery. However, a special permit therefor may be obtained from the Town Board in accordance with the same procedures as in Subsection E above.
A.
No building, except a silo or church steeple, shall
be constructed either over three stories or 40 feet in height, unless
built of noncombustible materials.
B.
If the use of any lot or building involves the disposal
of sewage or wastewater, an adequate sanitary disposal system for
the same shall be installed in accordance with regulations of the
Monroe County Department of Health and with such other regulations
as may be adopted and amended by the Town Board. Said system shall
be at all times maintained on such lot or in lawful connection therewith.
The minimum lot area otherwise required shall be increased where necessary
to the extent required to safely provide such disposal system.
No building shall be erected upon any lot unless
such lot is located upon a public street or highway, except that,
under § 280-a of the Town Law, the Board of Appeals may
make such variance or exception as may seem advisable under the circumstances
in accordance with the provisions of that section.
No obstruction to the view of traffic approaching
a street intersection may be placed or permitted to remain within
the triangle formed by the intersecting street lines and points 75
feet from the intersection of said street lines when either street
is a major road, and points 50 feet from said intersection when neither
street is a major road.
A.
Each off-street parking space required by other provisions
of this chapter shall be of usable shape not less than nine feet wide
and 20 feet long. Each such space shall front on access drives or
aisles with adequate provision for ingress and egress to all parking
areas.
B.
Off-street parking areas for five or more vehicles
which adjoin or face any lot in any residential district shall be
effectively screened from said district by a fence of acceptable design
or planting screen. The face side of any fence shall be erected toward
the adjoining property, and any such screen shall be maintained in
good condition.
C.
Lighting fixtures for the illumination of any off-street
parking area shall be so arranged as to direct light away from adjoining
premises.
D.
The recurrent parking of any vehicle on the right-of-way
of a street or highway or the impeding of traffic or creation of traffic
hazards by the same shall be prima facie evidence of the inadequacy
of off-street parking on the premises or in connection therewith,
and the Zoning Officer may require additional off-street parking spaces
to be provided by the offending property owner.
[Amended 8-11-1987 by L.L. No. 2-1987]
A.
No advertising sign or billboard of any description
shall be erected at any place in the Town of Clarkson without a special
permit by the Zoning Board of Appeals, except the following:
[Amended 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 3-1992]
(1)
One nonilluminated announcement or professional sign
not over two square feet in area and not over one foot in height for
each professional office in any district.
(2)
One nonilluminated sign advertising the sale, lease
or rental of the premises upon which the sign is located, which shall
not exceed six square feet in area in any district.
(3)
One nonilluminated customary builder's sign placed
on the premises where construction, repair or renovation is in progress,
which sign shall not exceed six square feet in area.
(4)
An
application may be made to the building inspector for a permit to
erect one temporary, nonilluminated sign, with dimensions greater
than six square feet but not to exceed 40 square feet, advertising
the sale or lease of real property. Permits for temporary signs shall
be valid for a period not to exceed one year from the date of application.
Permits are specific to the property, not to the bearer of the permit.
The cost of said permit shall be established by resolution of the
Town Board. In the event that the building inspector denies the application,
the applicant may apply to the Zoning Board of Appeals for a sign
permit.
[Added 5-11-2010 by L.L. No. 2-2010]
B.
Interrupted types of lighting of any description and
moving advertising devices are prohibited.
C.
Temporary unlighted signs erected by and for nonprofit
organizations, such as churches, American Legion, Boy Scouts, etc.,
advertising suppers, banquets, benefits, fund-raising sales, etc.,
may be erected for a forty-day period without a permit in any district;
provided, however, that said sign will not constitute a traffic hazard
and shall be removed within 48 hours after the advertised event.
D.
No sign shall be newly erected in the Town which has
a surface area in excess of 40 square feet or a height in excess of
14 feet. The height shall be taken as the vertical distance from the
uppermost portion of the sign to the ground.
[Amended 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 3-1992; 6-8-2004 by L.L. No. 1-2004]
Fences erected in the Town shall adhere to the
following standards:
A.
Closed fences shall not be permitted along any front
lot line or along side lot lines between the front setback line and
the highway right-of-way. Open fences along these lot lines shall
not be higher than three feet above the adjacent ground level. Open
fences allowed herein shall be encouraged to be decorative, such as
picket, split rail or board fences. In determining the height of a
split rail fence, the distance to the top of the horizontal rail shall
govern and posts shall be no more than one foot higher. Wire fences
including chain link fences, shall be prohibited between the front
setback line and the highway right-of-way.
B.
No fence in a rear or side yard in a residential district
shall be erected, altered or reconstructed to a height exceeding six
feet above adjacent ground level.
C.
Open fences for the purpose of enclosing farmland,
horses, cattle and other farm animals shall not exceed eight feet
in height above ground level.
D.
It is the intent of this chapter to include any artificially
mounded or bermed area under the fence as part of the height of the
fence.
E.
Fences in commercial and industrial districts shall be as approved by the Planning Board on the site plan. For fences in commercial or industrial districts being built or modified after site plan approval and not provided for on the site plan, the property owner must apply to the Zoning Board of Appeals for a special permit in accordance with § 140-38F if the proposed fence exceeds the maximums set forth above for residential districts.
F.
No fence shall be erected in a delineated area of
special flood hazard, except for farm fences, if it can be demonstrated
that such farm fence would not restrict the flow of floodwaters nor
have any impact on any buildings.
G.
The face side of any fence erected in any district
shall face the nearest abutting property, and all posts or supports
shall be on the inside of said fence unless said posts or supports
constitute an integral part of said face side.
H.
No fence or part of a fence shall be erected in the
highway right-of-way.
I.
No fence which obstructs the view of traffic approaching
a street intersection may be placed or permitted to remain within
the triangle formed by the intersecting street lines and points 75
feet from the intersection of said street lines when either street
is a major road and points 50 feet from said intersection when neither
street is a major road.
[Amended 4-14-2015 by L.L. No. 1-2015]
Land which is owned by fire districts, public
school districts, the Town of Clarkson, the County of Monroe, the
State of New York or the United States of America may be used for
the governmental purposes which are permitted under the laws which
govern said entities and shall be exempt from regulation under this
chapter.
[Amended 6-9-1992 by L.L. No. 3-1992]
A.
Except in the case of telecommunications towers, which are regulated by § 140-16.1 of this chapter, the Zoning Board of Appeals may, on application therefor, issue a special permit for the construction and maintenance of a public or private utility or communications structure as it shall deem essential to the public welfare and shall impose such conditions as may be found necessary in the public interest and may modify or vary the restrictions of this chapter to height, size and location of structures applying to the district where such installation is to be located. Such permit shall be issued only after a public hearing and findings by the Zoning Board of Appeals that:
[Amended 12-20-1996 by L.L. No. 5-1996]
(1)
The proposed installation will not be detrimental
to adjacent property.
(2)
The proposed installation will not, by reason of its
location or nature, create a hazard of any nature to the public or
any adjacent owner or occupant.
(3)
The proposed installation will not interfere with
the lawful enjoyment of the public highways or adjacent property in
any unreasonable manner.
B.
Any such permit granted hereunder may be revoked by
the Zoning Board of Appeals after due hearing on not less than 10
days' notice to the person holding such permit in the event that the
use thereof violates any of the conditions or restrictions imposed
by the Zoning Board of Appeals upon the issuance of said permit or
if it shall have become a nuisance. Except for such revocation, any
such permit heretofore granted shall be deemed to be indefinitely
extended.
[Added 12-20-1996 by L.L. No. 5-1996]
A.
Enabling authority. The Zoning Board of Appeals is
hereby authorized to review and approve, approve with modifications
or disapprove special use permits for telecommunications towers consistent
with Town Law, §§ 274-a and 274-b.
B.
ACCESSORY FACILITY
ANTENNA
SPECIAL USE (A.K.A. CONDITIONAL USE)
TELECOMMUNICATION TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An accessory facility serves the principle use, is subordinate
in area, extent and purpose to the principle use and is located on
the same lot as the principle use. Examples of such facilities include
transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radionavigation, radio, television and microwave communications.
The frequency of these waves generally range from 10 hertz to 300,000
megahertz.
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions set forth for such
use subject to approval by the Zoning Board of Appeals.
A structure on which transmitting and/or receiving antenna(e)
are located.
C.
Purpose. The purpose of this section is to promote
the health, safety and general welfare of the residents of the Town,
to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations and to protect
the natural features and esthetic character of the Town with special
attention to the Historical Overlay District and residentially zoned
districts.
D.
Application of special use regulations.
(1)
No transmission tower shall hereafter be used,
erected, moved, reconstructed, changed or altered except after approval
of a special use permit and in conformity with these regulations.
No existing structure shall be modified to serve as a transmission
tower unless in conformity with these regulations.
(2)
These regulations shall apply to all property
in the Town of Clarkson with each zoning classification in the Town
of Clarkson being subject to the rules and regulations set forth herein
and in the table which is attached hereto and made a part of this
chapter.[1]
[1]
Editor's Note: The Location Requirements are
located at the end of this chapter.
(3)
Exceptions to these regulations are limited
to new uses which are accessory to residential uses and lawful or
approved uses existing prior to the effective date of these regulations.
(4)
Where these regulations conflict with other
laws and regulations of the Town, the more restrictive shall apply,
except for tower height restrictions which are governed by these special
use standards.
E.
Special use standards.
(1)
Site plan.
(a)
An applicant shall be required to submit a site plan to the Planning Board as described in § 140-43 of the Clarkson Code and the Clarkson design standards and specifications.
(b)
In addition to other site plan requirements,
an application for a communications tower shall include the following
additional information:
[1]
The location of all structures, trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) and other significant and/or unusual features on the site
and on any other adjacent property within 20 feet of the property
line.
[2]
All information prepared by the manufacturer
of the antenna or tower, or the applicant for which a special permit
is being sought, including but not limited to the following:
(c)
The application for special use permit shall
include a copy of the site plan and any relevant documents which have
been submitted to the Planning Board. The application for special
use permit shall also include documentation on the proposed intent
and capacity of use as well as a justification for the height of any
tower or antennae and justification for any land or vegetations clearing
required.
(d)
Additionally, the application shall include
a completed visual environmental assessment form (visual EAF) and
a landscaping plan addressing other standards listed within this section
with particular attention to visibility from key viewpoints within
and outside of the municipality as identified in the visual EAF. The
Zoning Board of Appeals may require submittal of a more detailed visual
analysis based on the results of the visual EAF.
(2)
Shared use.
(a)
At all times, shared use of existing towers
shall be preferred to the construction of new towers. Additionally,
where such shared use is unavailable, location of antenna on preexisting
structures shall be considered. An applicant shall be required to
present an adequate report inventorying existing towers within reasonable
distance of the proposed site and outlining opportunities for shared
use of existing facilities and use of other preexisting structures
as an alternative to a new construction.
(b)
In the case of new towers, the applicant shall
be required to submit a report demonstrating good-faith efforts to
secure shared use from existing towers as well as documenting capacity
for future shared use of the proposed tower. Written requests and
responses for shared use shall be provided.
(3)
Setbacks. Towers and antennae shall be set back
a minimum of the height of the tower and any antennae or other fixture
on top of the tower plus 25 feet. All other structures, including
guy wire anchors and accessory facilities shall observe required setbacks
within the affected zone. Additional setbacks may be required by the
Zoning Board of Appeals to contain on-site substantially all icefall
or debris from tower failure and/or to preserve privacy of adjoining
residential and public property.
(4)
General requirements.
(a)
Visibility. All towers and accessory facilities
shall be sited to have the least practical adverse visual effect on
the environment. The area to be served by the tower and the technology
utilized by the applicant shall be relevant considerations in this
determination.
(b)
Height. As part of the application, the Zoning
Board of Appeals shall be empowered to vary the restrictions of this
chapter as to height using the standards for area variances set forth
in this chapter and the New York State Town Law.
(c)
Towers shall not be artificially lighted except
to assure human safety as required by the Federal Aviation Administration
(FAA). Towers shall be a galvanized finish or painted gray above the
surrounding treeline and painted gray, green or black below the surrounding
treeline unless other standards are required by the FAA. All towers
should be designed and sited so as to avoid, whenever possible, application
of FAA lighting and painting requirements.
[Amended 4-23-2013 by L.L. No. 2-2013]
(d)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(5)
Existing vegetation. Existing on-site vegetation
shall be preserved to the maximum extent possible, and no cutting
of trees exceeding four inches in diameter (measured at a height of
four feet off the ground) shall take place prior to approval of the
special permit use. Clearcutting of all trees in a single contiguous
area exceeding 20,000 square feet shall be prohibited.
(6)
Screening. Deciduous or evergreen tree plantings
may be required to screen portions of the tower from nearby residential
property as well as from public sites known to include important views
or vistas. Where the site abuts residential or public property, including
streets, the following vegetative screening shall be required. For
all towers, at least one row of native evergreen shrubs or trees capable
of forming a continuous hedge at least 10 feet in height within two
years of planting shall be provided to effectively screen the tower
base and accessory facilities. In the case of poor soil conditions,
planting may be required on soil berms to assure plant survival. Plant
height in these cases shall include the height of any berm.
(7)
Access and parking. A road and parking will
be provided to assure adequate emergency and service access. Maximum
use of existing roads, public or private, shall be made. Road construction
shall be consistent with standards for private roads and shall at
all times minimize ground disturbance and vegetation cutting to within
the toe of fill, the top of cuts or no more than 10 feet beyond the
edge of any pavement. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
Public road standards may be waived in meeting the objectives of this
subsection.
(8)
Removal and bond for removal.
(a)
In the event that a communication tower is no
longer used for the purpose specified in the application or the communication
facility ceases operations for a period of 90 days, such tower, structures
and facilities shall be dismantled and removed from the site within
30 days of receipt of a written notice from the Building Inspector
and/or Code Enforcement Officer.
(b)
Prior to the issuance of a building permit,
the owner and operator of a communications tower shall provide the
Town with a surety bond or other financial security acceptable to
the Town Attorney to assure that the funds are available to dismantle
such tower, remove any debris and to restore the site to a state acceptable
to the Zoning Board of Appeals. The estimate shall be prepared by
the applicant's licensed engineer, verified by the Town Engineer (or
the engineer hired by the Town to evaluate the application, if different
from the Town Engineer) and approved, as to form, by the Town Attorney.
The amount of such bond shall be approved by the Zoning Board of Appeals.
(9)
Town review fees. In addition to the application
fee, the applicant shall be responsible for any and all expert fees
which are incurred by the Town in the review of the application, including
review by engineers and consultants employed by the Town. As security
for this, an applicant shall deposit the sum of $1,000 with the Town
at the time of application. Any part of said deposit which is not
used by the Town will be refunded to the applicant at the time a certificate
of occupancy is issued. No certificate of occupancy or certification
of completion or compliance shall be issued until all unpaid fees
have been paid.
F.
Radio emissions. Radio emissions from any towers and/or
antennas attached to it shall conform to applicable Federal Communications
Commission regulations on emissions. The Zoning Board of Appeals shall
request proof of compliance with these standards. No certificate of
occupancy or certificate of compliance shall be issued by the Building
Inspector or Code Enforcement Officer without satisfactory proof of
compliance with this requirement.
G.
When an applicant wishes to make a change to an existing tower and
the applicant contends that the modification does not substantially
change the physical dimensions within the meaning of Section 6409
of the 2012 Middle Class Tax Relief and Job Creation Act, the following
procedure shall apply:
[Added 4-23-2013 by L.L. No. 2-2013[2]]
(1)
The application shall be submitted to the Building Inspector,
accompanied by the required fee and deposit.
(3)
Upon receipt of the two written reports, if, in the opinion
of the Building Inspector, there is no substantial change being proposed,
and upon the payment of any building permit fees and balances due
for engineering, the Building Inspector shall issue the requested
permit.
(4)
Upon receipt of the two written reports, if, in the opinion
of the Building Inspector, there is a substantial change being proposed,
the Building Inspector shall refer the application to the Zoning Board
of Appeals for modification of the special use permit and the Planning
Board for site plan approval.
[2]
Editor's Note: This local law also redesignated former Subsection
G as Subsection H.
H.
Authority to impose conditions. The Zoning Board shall
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed telecommunication
tower special use permit.
A.
It is recognized that there exist certain structures
and uses which were lawfully established prior to the passage of this
chapter or amendments thereto and which are now made to be in violation
of this chapter. It is the intent of this chapter to permit such nonconforming
uses to continue until they are removed, but not to encourage their
survival. Such structures and uses may be changed only in the direction
of reducing their degree of nonconformity to this chapter.
[Amended 8-11-1987 by L.L. No. 2-1987]
B.
Where the question of direction of change is at issue,
the matter will be determined by the Zoning Board of Appeals, which
will consider in its deliberations the anticipated changes in the
visual appearance of the premises, the traffic volume, the population
concentration, the type and volume of emissions from the property
and other such relevant data to determine whether the proposed use
is more appropriate to the district than the existing nonconforming
use.
C.
Should any nonconforming structure or use be wholly
or partially destroyed by any means to the extent of more than 75%
of its replacement cost at the time of destruction, it shall not be
reconstructed or used except in conformity with this chapter.
D.
The failure to exercise a nonconforming use for a
period of one year or more terminates the right to exercise such nonconforming
use of the structure or premises, and, thereafter, structures and
premises shall be used only in conformity with this chapter.
E.
Nothing in this chapter shall be deemed to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the date
of adoption or amendment of this chapter and upon which actual construction
has been diligently carried on.
F.
Normal nonstructural repairs and maintenance may be
performed upon a nonconforming structure or a structure containing
a nonconforming use. Any major repairs required to restore the structure
to a safe condition, as determined by a duly authorized public official,
shall be made only in conformity with this chapter.
G.
Notwithstanding any of the above provisions, new farm
buildings for the housing of farm animals, produce and farm machinery
only may be erected on any farm existing at the date of this chapter
or amendments thereto, provided that any such building erected hereafter
shall be located not less than 100 feet from the nearest lot line
of any adjoining owner.
None of the provisions of this chapter shall
be construed or administered to prevent the normal activities, pursuits,
occupations or transactions customarily carried on by farmers in this
area in operating farms or agricultural premises owned or occupied
by them. However, those provisions of this chapter relating to the
size of lots and subdivision of lands, setback of buildings and uses,
clear vision at intersections, signs, permits and enforcement and
such provisions as prevent commercial or industrial uses in residential
or other districts which are not customarily carried on or associated
with the occupation of farming shall be applicable to farms and agricultural
premises and those engaged in farming.
