[Added 3-18-2000 by L.L. No. 1-2000]
A. Purpose.
(1) It is the purpose of the overlay district to protect
the aesthetic, scenic and ecological character and nature of higher
elevation areas and designated scenic and historic areas. The purpose
of the overlay areas is not to regulate the use of land for agriculture
or single-family residential development.
(2) These overlay areas provide standards for regulating
the number, height, design, placement and impacts of structures (1)
on lands which are 500 feet or more above sea level, and (2) in designated
scenic and historic areas, in order to minimize structural intrusions
upon the visual landscape, preserve ecological integrity and maintain
the rural character of the Town.
(3) These standards shall be applied in addition to all
other provisions of this chapter.
B. Location. The Ridgeline, Scenic and Historic Protection
Overlay District is comprised of:
(1) Lands which are 500 or more feet above mean sea level.
These lands are shown on an overlay to the Town of Clinton Zoning
Map.
(2) Lands which are within 3,000 feet of the paved surface
of the Taconic State Parkway. Lands within the three-thousand-foot
corridor are shown on an overlay to the Town of Clinton Zoning Map.
(3) Clinton's hamlets, which are included on the Town
Zoning District Map.
(4) Clinton's seven Critical Environmental Areas.
C. Applicability. Regulations contained in this section apply to all commercial uses in the overlay district and to those residential uses which, according to Article
III of this chapter, require a special use permit and site plan. Single-family residences and agricultural uses are excluded. In addition, these regulations do not apply to noncommercial or governmental communications facilities installed for personal wireless communication or emergency service. These facilities are governed by §
250-43, Noncommercial communications antennas or towers.
D. General provisions.
(1) SEQRA. Any proposed new construction or development
within the Protection Overlay District which requires a variance from
the regulations in this section is considered a Type I action under
SEQRA.
(2) Applications. Application for development within this area requires a special use permit, as outlined in Subsection
F, Application procedures for special use permits for development in Ridgeline, Scenic and Historic Protection District, which supplements the procedures and requirements of §
250-97, Special use permits.
E. Standards. In considering its decision concerning
any project development plan application, the Planning Board shall
consider the standards detailed in all other sections of this chapter
as well as the following:
(1) Height.
(a)
The total height of any structure or accessory
elements attached to any structure shall be measured from the natural
ground level to the top of the structure or the top of uppermost accessory
affixed to the structure, whichever is higher.
(b)
The total height of proposed structures shall
not extend more than 35 feet above ground level in cleared areas without
at least 20 trees within 100 feet of the proposed site.
(c)
If there are at least 20 trees within 100 feet
surrounding the proposed location, the total height of the proposed
structure shall be limited to 25 feet above the average tree canopy,
or 100 feet, whichever is lower.
(d)
Structures shall comply with other height provisions
of this chapter if they are more restrictive.
(2) Design. As stipulated in §
250-96 of this chapter, Planning Board approval shall be required for the design of two-family and multifamily residential buildings and nonresidential structures to ensure that they will be compatible with other buildings and the natural environment in Overlay Protection Areas. As stipulated in §
250-44 of this chapter, the Planning Board may require camouflage of commercial communications facilities in Overlay Protection Areas.
(3) Lighting. The location, height, design, arrangement and intensity of outside lighting shall minimize glare and shall be directed and shaded such that light shall not be directed off-site, and shall meet all other requirements of §
250-96 of this chapter. Commercial communications facilities shall also comply with the lighting requirements of §
250-44 of this chapter.
(4) Clearing. In the Ridgeline Protection Overlay Area
the maximum area permitted to be clear cut shall be no more than 75
feet in extent from the outer edge of the primary structure's footprint.
During construction and installation of facilities and structures,
only the minimum amount of existing vegetation shall be cleared. The
location of any sewage disposal system footprint which is needed to
support the primary structure shall be exempt from the clearing requirement.
(5) Buffer strip. In the Ridgeline Protection Overlay
Area, a buffer strip is required to minimize, to the maximum extent
possible, any visual impacts of the proposed freestanding facilities.
In the Scenic and Historic Overlay Areas, the Planning Board may require
a buffer if the Board judges it to be necessary to protect the character
of the area.
(a)
The buffer shall be a minimum of 25 feet wide,
and shall begin at the outer edge of the cleared area which surrounds
the primary structure. The buffer strip shall contain, or be planted
with, vegetation of sufficient height and density as determined by
the Planning Board.
(b)
The buffer strip shall be free of any man-made
structures, excluding fences and an access driveway.
(c)
For commercial communications facilities, the requirements of §
250-44 of this chapter shall apply.
(6) Setbacks. The proposed yard setbacks from the property
line must be no less than two times the height of the proposed structure
or the setback requirements in other zoning regulations, whichever
are greater.
(7) Signs. In addition to other regulations of this chapter
pertaining to signs, no signs are permitted which will by visible
above the existing tree canopy.
F. Application procedures for special use permits for
development in Ridgeline, Scenic or Historic Protection Districts.
When applying for a special use permit, the applicant shall follow
all procedures and submit all forms, plans, documentation and fees
required by this or any other section of this chapter. In addition
to requirements of other sections of this chapter, an applicant shall
provide the following:
(1) A SEQRA full environmental assessment form (Parts
I, II, III) and such other SEQRA forms as required by the Planning
Board.
(2) A site plan, as described in §
250-96 of this chapter.
(3) A visual analysis, the methodology of which is to
be approved by the Planning Board prior to the commencement of this
analysis. This may include drawings of the proposed structure(s) overlaid
on photographs of the site from various distances and perspectives.
(4) Identification and reclamation plans of proposed landscaping
and buffer screening areas.
(5) Additional information as requested by the Planning
Board and/or Zoning Administrator.
G. Alterations. All modifications to a structure or construction of additional structures which require a building permit shall require that the applicant submit a new special use permit application to the Planning Board. Exceptions which conform to Subsection
G(1) and
(2) below shall not require a new special use permit but shall require a building permit:
(1) Increasing the originally approved size of any structure's
building footprint by no more than 250 square feet; and/or
(2) Increasing the originally approved height of the structure
no more than 10 feet, so long as the total maximum height restriction
is not exceeded.