A.
This chapter shall be known as "Local Law No. 1-1973
of the Town of Clarkson." It has been enacted by the Town Board of
the Town of Clarkson pursuant to Article 16 of the Town Law of the
State of New York which empowers the Town Board to regulate and restrict
the height, number of stories and size of buildings and other structures,
the percentage of lots that may be occupied, the size of yards, courts
and other open space, the density of population and the location and
use of buildings, structures and land for trade, industry, residence
or other purposes and to establish penalties for the violation of
such regulations.
B.
The regulations contained in this chapter have been
made in accordance with a well-considered Comprehensive Plan for the
development of the Town of Clarkson and are designed to lessen congestion
in the streets; to secure safety from fire, flood, panic and other
dangers; to promote health and general welfare; to provide adequate
light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; and to facilitate the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements. These regulations have been made with reasonable consideration,
among other things, as to the character of each district and its peculiar
suitability for particular uses and with a view to conserving and
stabilizing the value of land and buildings and encouraging the most
appropriate use of land throughout the Town.
A.
The following rules of construction of language shall
apply to the text of this chapter:
(1)
Words used in the present tense include the future
tense.
(2)
Words used in the singular include the plural, and
words used in the plural include the singular.
(3)
The word "lot" includes the word "plot" or "parcel."
(4)
The word "person" includes an individual, firm or
corporation.
(5)
The word "shall" is always mandatory; the word "may"
is always permissive.
(6)
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
(7)
Any reference to a residence or residential district
shall be interpreted to mean any district with the word "residential"
in its title.
(8)
A "building" or "structure" includes any part thereof.
(9)
Each of the phrases "to erect," "to construct" and
"to build" a building has the same meaning and includes to excavate
for a building and to relocate a building by moving it from one location
to another.
B.
This chapter shall be interpreted in such a way, wherever
possible, so that the meaning of the words and phrases and sections
herein shall make them valid and legal in their effect.
C.
Whenever the requirements of this chapter are at variance
with the requirements of other lawfully adopted rules, regulations
or ordinances or this chapter itself, the most restrictive provisions
or those imposing the higher standards shall govern.
The following words or phrases, as used in this
chapter, are defined as follows:
A structure or a portion of a main structure or a use located
or carried out on the same premises and incidental and subordinate
to the main structure or use which customarily accompanies or is associated
with such main use and structure.
The keeping of more than three animals that are more than
six months old for commercial purposes and not related to agriculture.
A building arranged, intended or designated to be occupied
by three or more resident households living independently of each
other. An apartment house is a structural definition and applies irrespective
of how the individual dwelling units therein are offered for sale
or rental.
That space of a building that is partly below grade which
has more than 1/2 its height, measured from floor to ceiling, above
the average finished grade of the ground adjoining the building. A
basement shall be considered a story if the vertical distance between
the surface of the floor and the ceiling next above it is at least
seven feet six inches.
Any structure having a roof and intended for the shelter,
housing or enclosure of persons, animals or chattel.
The area taken on a horizontal plane at the main grade level
of the building, exclusive of storage space, open porches, terraces
and steps and, in respect to dwellings, also exclusive of attached
or built-in garages.
That portion of a building that is partly or entirely below
grade level which has more than 1/2 its height, measured from floor
to ceiling, below the average finished grade of the ground adjoining
the building.
Space reserved for use by any and all residents of a housing
development, such as halls, stairways and landings in apartment houses.
A use allowed in a district by a special permit.
[Added 8-10-2004 by L.L. No. 2-2004]
A form of residential environment consisting of independent
living units which may include facilities for the provision of congregate
meals, housekeeping and personal services for persons who are age
55 years or older or physically handicapped regardless of age.
[Added 1-28-1986 by L.L. No. 1-1986;
amended 2-26-2008 by L.L. No. 1-2008]
The raising of agricultural products, including livestock,
poultry, dairy products, farm crops, fruit and vegetables and nursery
stock, whether for gain or otherwise. The term includes livery or
boarding stables, but does not include the manufacturing or processing
of agricultural products as a principal use.
An occupation or a profession which meets all
of the following requirements:
It is carried on wholly within the enclosed
walls of a dwelling.
It is carried on by a member of the family residing
in the dwelling.
[Amended 8-11-1987 by L.L. No. 2-1987]
It is clearly incidental and secondary to the
use of the dwelling for residential purposes.
It employs not more than one person outside
the family.
[Amended 8-11-1987 by L.L. No. 2-1987]
It does not occupy more than 25% of the floor
area.
[Added 8-11-1987 by L.L. No. 2-1987]
It employs no exterior display, except a sign
not to exceed two square feet, no exterior storage of materials and
no other exterior indication of the home occupation or variation from
the residential character of the building.
[Added 8-11-1987 by L.L. No. 2-1987]
It produces no offensive noise, vibration, smoke,
dust, odor, heat or glare.
[Added 8-11-1987 by L.L. No. 2-1987]
Repair of gasoline or diesel engines or motors,
which are not owned by one of the residents of the property for his
own use, is expressly excluded.
The storage, manufacture, preparation, processing or repair
of any article, substance or commodity and the conduct of any industrial
trade, but not such preparation, processing or repair as is customarily
applied to articles, substances or commodities in retail businesses
or trade for on-the-premises transactions.
A facility duly permitted by New York State for care of seven
or more children for less than 24 hours each day.
[Added 7-11-2000 by L.L. No. 4-2000]
A building consisting of one dwelling unit.
A building consisting of two dwelling units.
One or more rooms designed for occupancy by one family for
residential purposes, with independent housekeeping facilities.
When barriers of sufficient height and opacity are provided
so as to reduce the transmission of sound and light into adjacent
properties to the point where the adjacent property owner is not disturbed
thereby.
A dwelling unit without a separate distinct room for sleeping.
One or more persons who live together in one dwelling unit
and maintain a common household.
A unit of land having more than five acres and used for cultivation,
pasture or other customary agricultural purposes, but not including
the raising of fur-bearing animals.
A structure of wood, masonry, wire mesh, stone or other material
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property.
[Amended 6-8-2004 by L.L. No. 1-2004]
A parcel of land which does not abut a public street except
for a strip of land on which an access drive is located.
[Added 8-11-1987 by L.L. No. 2-1987]
A structure used and occupied by a professional licensed
mortician for burial preparation and funeral services.
[Added 3-1-1994 by L.L. No. 1-1994]
The level where the finished grade of the ground intersects
the foundation wall at the main entrance.
In full compliance with state and federal laws, rules and
regulations for handicapped accessibility.
[Added 11-23-1999 by L.L. No. 3-1999]
Capable, without structural modification, of being used by
a handicapped person. At a minimum, features would include the following:
[Added 11-23-1999 by L.L. No. 3-1999]
A minimum door width of all interior and exterior
doors of 36 inches.
No more than one step from outside to inside.
No more than one story, unless there is an elevator.
Provisions for installations of handrails in
bathrooms and hallways (reinforced walls).
Provisions for installation of a handicapped-usable
water closet.
At least one bathroom equipped with a shower
with a handrail and built-in seat.
The vertical distance measured from the elevation of the
finished grade level to the highest point of the roof.
The vertical distance measured from the elevation of the
finished grade level at the front building line to the highest point
of the structure.
Shall have the meaning and requirements set forth in Article
23-A of the General Business Law of the State of New York and the
rules and regulations promulgated thereunder.
[Added 11-23-1999 by L.L. No. 3-1999]
A subdivision with fewer that 20% of the lots fronting on
a major road.
[Amended 11-23-1999 by L.L. No. 3-1999]
A road wholly within a single residential development, whether
dedicated or not, which is designed solely to provide access to the
residences therein.
Domestic farm animals.
The area within the property lines, excluding any portion
thereof within the boundaries of a street or highway.
All state and county roads and highways, plus those Town
roads that appear on the Official Road Map of Monroe County as published
annually by the Monroe County Department of Public Works.
A structure that is transportable in one or more sections,
built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
[Added 8-11-1987 by L.L. No. 2-1987]
A parcel of land under single ownership which has been planned
and empowered for the placement of one or more mobile homes for nontransient
residential use.
[Added 8-11-1987 by L.L. No. 2-1987]
Equivalent to an apartment house.
A dwelling unit in a building which contains three or more
dwelling units. Dwelling units in townhouses, as well as in other
apartment houses, are "multiple-family units."
A building, structure or use of land lawfully existing at
the time of enactment of this chapter or amendment thereto and which
does not conform to the regulations of the district or zone in which
it is situated.
[Added 8-11-1987 by L.L. No. 2-1987]
Area unoccupied by any building, structure or parking area,
whether paved or unpaved.
A fence or hedge through which a person can view motion.
[Added 8-11-1987 by L.L. No. 2-1987]
Any undedicated road serving two or more parcels.
[Added 8-11-1987 by L.L. No. 2-1987]
Intended to designate any one or more of the following uses,
including grounds necessary for their use and accessory buildings:
Churches, places of worship, parish houses and
convents.
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
Nursery schools, elementary schools, high schools,
colleges or universities having a curriculum approved by the Board
of Regents of the State of New York.
Golf courses and country clubs when occupying
not less than 50 acres, not including, however, clubs whose activities
include the maintenance, storage, takeoff or landing of aircrafts.
Public libraries and museums.
Municipal buildings.
Hospitals for the treatment of human beings
and convalescent or nursing homes, all duly licensed by the State
of New York.
Nonprofit membership corporations established
for cultural, social or recreational purposes, upon application to
the Zoning Board of Appeals for a special permit. Said special permit
shall be for the proposed use only. If said permit is granted, site
plan approval must be secured from the Planning Board.
Any temporary storage space for a vehicle waiting for service
or admission. Such space shall be in addition to drives, aisles or
other required parking spaces.
The distance from the nearest street line or lot line to
the edge of the structure in question, measured at right angles or
radially from the street line or lot line.
That portion of a building included between the surface of
the floor and the ceiling next above it, having a height of at least
seven feet six inches.
All state and county roads and highways.
All major roads other than arterial streets.
The line which is the joint boundary line between a lot and
the street.
All dedicated streets other than arterial and collector streets.
[Amended 8-11-1987 by L.L. No. 2-1987]
A building or anything constructed, erected or placed above
or below ground, other than walks, driveways and plant life, which
requires temporary or permanent location on or the support of the
soil or which is attached to any structure.
The division of a parcel of land into two or more lots or
parcels.
Vegetation in sufficient quantity and of sufficient maturity
so as to prevent erosion, maintain the general character of the area
and provide effective screening when such purpose is warranted.
Landscaped with vegetation of a type sufficient to effectively
screen differing uses, enhance the quality of the environment and
protect the general welfare.
An individually owned dwelling unit in an apartment house,
which unit is one of a series of noncommunicating dwelling units,
having a common party wall between each adjacent unit, each with a
private outside entrance.
A vehicle for which the registration for the current year
has not been issued and affixed thereto. This chapter, however, shall
not be construed to prevent the storage of "unlicensed vehicles" in
private garages upon the premises of the owners thereof.
The area of the floors of a dwelling unit, excluding unenclosed,
unheated porches.
The purpose for which any structure or part thereof and the
premises or any part thereof is occupied or intended to be occupied
or, if unoccupied, the purpose for which it may be occupied.
A motor vehicle in such condition that it cannot be repaired
or which has remained unrepaired for 30 days after the damage occurred
or which, by reason of age and prior use, is unsuitable for use on
the highway.
The open space between a structure and the nearest street
line or lot line.
[Amended 8-11-1987 by L.L. No. 2-1987]
The Building Inspector or the Deputy Building Inspector of
the Town of Clarkson. The "Zoning Officer" shall be a resident of
the County of Monroe.
[Added 6-9-1992 by L.L. No. 2-1992]
A.
The Town of Clarkson is hereby divided into general
types of use districts as hereinafter set forth and as the same may
be, from time to time, amended. The following are general use districts
whose regulations are designed to cover broad areas of the Town and
for which extensive mapping in advance of development is logically
sound:
[Amended 8-11-1987 by L.L. No. 2-1987]
|
Recreation-Conservation District - RC
|
|
Suburban Residential District - RS-20
|
|
Suburban Residential District - RS-10
|
|
Retail Commercial District - C
|
|
Highway Commercial District - HC
|
|
Industrial District - I
|
B.
In addition to the generally mapped districts above. there are also established other use districts which shall be mapped only as a result of specific zoning amendments which may take place from time to time. The following districts have regulations which are designed to cover project-scale proposals which may involve various use mixtures and/or various structure types for which the general use regulations of the districts in Subsection A above or premapping would not be appropriate:
|
Mobile Home District - MH
|
|
Planned Unit Development District - PUD
|
C.
In order to protect the historical and architectural
values in the Clarkson Corners area, there is also created a special
Clarkson Historical Overlay District to regulate architectural treatment
within said district and to complement the use regulations normally
pertaining thereto.
A.
The location and boundaries of the foregoing classes
of districts, together with the streets and highways, are shown on
the Official Zoning Map herewith filed and hereafter to be known and
designated as the "Official Zoning Map of the Town of Clarkson," which
map, together with all explanatory matter thereon, is hereby adopted
by reference and declared to be part of this chapter.
B.
There shall exist only one Official Zoning Map, which
shall be kept in the office of the Town Clerk, and it shall bear the
Seal of the Town of Clarkson, a certification that it is the Official
Zoning Map of the Town of Clarkson and its date of adoption.
C.
Copies of this map which may, from time to time, be
published and distributed would be accurate only as of the date of
their printing and shall bear cautionary words to that effect.
D.
Changes made in district boundaries or other matters
portrayed on the Official Zoning Map, under the provisions of this
chapter, shall be permanently affixed to the Official Zoning Map promptly
after the amendment has been approved by the Town Board and shall
convey information as to the date and the nature of the change. A
logbook may also be maintained for this purpose as long as the change
itself is posted and properly referenced. No amendment to this chapter
which involves matter portrayed on the Official Zoning Map shall become
effective until such change and entry has been made on said map and
in said logbook, if any, and has been attested by the Town Clerk.
The Town Clerk shall also be responsible for keeping the Official
Zoning Map up-to-date.
E.
Should the Official Zoning Map become damaged, destroyed,
lost or difficult to interpret because of the changes and additions,
the Town Board may, by resolution, adopt a new Official Zoning Map,
to supersede the former map. The new map shall be attested in the
same manner as the prior map and shall bear a statement which explains
that it supersedes the prior map and gives the dates of adoption of
both the prior map and the new Official Zoning Map. If possible, the
prior map and records of its adoption and amendments shall be preserved;
and whenever the prior map exists, it shall have the word "superseded"
prominently displayed thereon.
A.
Zoning district boundaries are intended to follow
property lines, center lines of streets, railroads or streams, or
to be parallel or perpendicular thereto, unless otherwise located
by appropriate reference on the Official Zoning Map; and where district
boundaries are indicated so as to approximately follow such lines,
such lines shall be construed to be such boundaries; and where district
boundaries are so indicated that they are approximately parallel to
such lines, the location of the district boundary shall be measured
from the nearest parallel lines using the graphic scale on the Official
Zoning Map, if no distance is given.
B.
In the event that none of the above rules are applicable,
the location of such boundary, unless the same is indicated by dimension
on the map, shall be determined by the Board of Appeals.
C.
Where a district boundary line as established in this
section or as shown on the Official Zoning Map divides a lot which
was in single ownership and of record at the time of enactment of
this chapter, the use authorized on and the other district requirements
applying to the least restricted portion of such lot under this chapter
shall be considered as extending into the remaining portion of the
lot. The use so extended shall be deemed to be conforming.
