Home occupations shall be permitted, after the issuance of a
zoning permit, provided that the use shall be clearly incidental to
the residential use of the dwelling and that it meets the following
criteria:
A.
A maximum of one employee working at any one time may not be a resident
of the dwelling.
B.
The use shall be conducted entirely within the dwelling or in appurtenant
structures.
C.
One identification sign is allowed that does not exceed two square
feet and is attached to the building.
D.
There shall be no outside display of materials or finished products.
E.
Operation of this use shall not cause undue noise, traffic, odors,
or lighting glare that are detrimental to the neighborhood.
F.
Permitted home occupations:
(1)
Seamstress, dressmaker, milliner;
(2)
Upholster;
(3)
Musical instrument or voice instructor;
(4)
Painting, sculpturing, writing;
(5)
Home crafts, such as model making, rug weaving, lapidary work, and
wood crafting;
(6)
Home cooking and preserving;
(7)
Computer programming;
(8)
Beauty shop, including hair salon, manicures;
(9)
Home office for insurance agent, lawyer, or accountant;
(10)
Certified therapist;
(11)
Massages; and
(12)
Similar types of uses.
A.
Rental units.
B.
Parking areas shall be set back from any street curb, edge of pavement
if no curb, front, side and rear lot line a minimum of 25 feet.
C.
A minimum of 25% of open space shall be provided on the lot. Parking
areas and interior streets shall not be considered open space.
D.
Outdoor swimming pools shall have a minimum setback of 50 feet from
the street curb or edge of pavement if no curb and 25 feet from side
or rear lot lines.
E.
A New York State Health Department permit is required for any pool.
A.
The minimum size for each cottage shall be 600 square feet.
B.
The space between rental units or structures shall not be less than
15 feet.
C.
Outdoor swimming pools shall have a minimum setback of 50 feet from
the center line of any street and 25 feet from side or rear lot lines.
D.
A New York State Health Department permit is required for any pool.
B.
Manufactured home parks shall be divided into manufactured home sites,
and numbered consecutively; the number being conspicuously posted
on each site, corresponding to the lot shown on the approved site
plan.
C.
All manufactured homes including expansions, extensions, patios,
porches, garages and all other structures in a manufactured home park
or service buildings shall be set back a minimum of 50 feet from the
center line of any public street or interior park street and 20 feet
from any side or rear lot line.
D.
Vehicular entrances shall have sufficient width to allow reasonable
turning movements for vehicles with manufactured homes attached, emergency
vehicles, and service or delivery vehicles. The entrance road shall
be at least 20 feet wide.
E.
All internal streets shall have a minimum thirty-foot right-of-way,
18 feet of which shall be constructed of all-weather material.
F.
Interior streets shall be designed to allow for safe passage of emergency
vehicles. The local fire department shall be contacted to assist in
the review of the street layout.
G.
Dead-end streets shall have a turnaround area for emergency vehicles.
H.
Individual manufactured home lots shall have an area of not less
than 5,000 square feet with a minimum width of 50 feet and a minimum
depth of 100 feet.
I.
The total number of manufactured home lots shall not exceed seven
per gross acre.
J.
There shall be landscaped buffers alongside the rear and side property
line of the park 10 feet in width and consist of densely planted trees,
shrubs, and/or a fence to the Planning Board's approval.
K.
Manufactured home parks which accommodate 25 or more manufactured
homes shall provide at least one recreation area.
L.
There shall be two off-street parking areas provided on each manufactured
home site.
M.
Water supply and sewage disposal. An adequate supply of potable water
shall be provided and waste from showers, toilets and laundries shall
be discharged into a suitable sewer system. Plan for the proposed
water supply system must receive written approval from the New York
State Health Department. No individual septic systems are permitted
for the manufactured homes.
N.
Refuse disposal. It shall be the responsibility of the park owner
to ensure that garbage is collected and properly disposed of outside
of the park.
A.
Joint Army Corps/NYSDEC permit is required for any dock.
B.
No repair or servicing building shall be located closer than 50 feet
to any side or rear property lines.
C.
Sanitary pump-out tanks or facilities shall meet Village regulations.
D.
All servicing materials, waste materials and used or discarded parts
shall be stored within a structure or enclosed within fencing so as
not to be visible from off the property.
E.
All fuel tanks shall be installed and maintained in conformity with
the standards of the Fire Prevention Code of the National Board of
Fire Underwriters and shall conform to all state and federal requirements
of the New York State Department of Environmental Conservation, the
Environmental Protection Agency and other appropriate agencies, and
all relevant provisions of this chapter. All such fuel tanks shall
be so maintained and operated that no fuel spillage is allowed to
enter the water.
A.
Multifamily dwellings in new building.
(1)
The front and rear of any multifamily dwelling shall be no closer
to the front or rear of any other multifamily dwelling than 20 feet.
(2)
No multifamily dwelling shall be closer than 20 feet to another multifamily
dwelling.
(3)
All interior streets on the site shall be built to Village standards
and surfaced with all-weather material. Access to public streets shall
be no closer than 40 feet from any street corner or intersection.
Access on a NYS route will also require review from NYS DOT. Consideration
shall be given to align access points with existing intersections.
(4)
Interior streets shall be so designed and constructed as to afford
free and easy traffic flow. Pedestrian walkways shall be provided
between the buildings and the parking areas. No interior street shall
be closer than 20 feet to any building.
(5)
Outdoor swimming pools shall have a minimum setback of 50 feet from
the street curb or edge of pavement if no curb and 25 feet from side
or rear lot lines.
B.
Multifamily dwellings conversions.
(1)
Any single or two-family dwelling proposed to be converted into a
multifamily dwelling shall meet or exceed the minimum dimensional
requirements for a single or two-family dwelling in the district where
it is located.
(2)
Such conversions shall meet the parking standards of two off-street
parking spaces per dwelling unit.
A.
Townhouse buildings shall be no closer to another townhouse building
than 20 feet.
B.
All interior streets on the site shall be built to Village standards
and surfaced with all-weather materials. Access to public streets
shall be no closer than 40 feet from any street corner or intersection.
Access on a NYS route will also require review from NYS DOT. Consideration
shall be given to align access points with intersections.
C.
Interior streets shall be so designed and constructed as to afford
free and easy traffic flow. Sidewalks shall be provided and connect
to the existing Village sidewalks. No interior street shall be closer
than 20 feet to any building.
D.
Outdoor swimming pools shall have a minimum setback of 50 feet from
the street curb or edge of pavement if no curb and 25 feet from side
or rear lot lines.
E.
All townhouse developments shall have a homeowner's association
to oversee maintenance of common areas.
A.
All automobile service stations shall be so designed and all gasoline/diesel
fuel pumps shall be so located as to require all servicing and/or
repairing on the premises to be no closer to any street or road or
front property line than 30 feet, and no closer to any other property
line than 50 feet, and no gasoline/diesel fuel pump shall be located
closer to any other property line than 75 feet.
B.
All servicing materials, waste material, used or discarded parts
and tires shall be stored within a structure or enclosed within fencing
so as not to be visible from off the property.
C.
Entrance and exit driveways shall be located at least 10 feet from
any side or rear property line.
D.
All automobile service stations shall be screened and/or buffered
on the side and rear property lines by appropriate plantings and/or
aesthetically designed fencing.
A.
There shall be at least 50 feet of vacant buffer zone between the
operating area of any building supply yard and its closest property
line.
B.
Screening and/or buffering by plantings, hedges and/or fences shall
be required within 200 feet of any residential structure. Said screening
and/or buffering shall be installed in conformity with reasonable
standards established by the Joint Planning Board.
C.
All lots where materials and products are stored shall be constructed
to all-weather standards (i.e., gravel base and gravel or paved surface).
E.
Those operations that also provide service facilities shall comply
with the requirements of the automobile service station and repair
garage provisions.
A.
A maximum of 10% of the required parking spaces may be allowed in
the front yard area.
B.
If the use fronts on two streets it therefore has two front yards.
The Planning Board will determine which front yard will be used for
the location of the maximum 10% parking spaces allowed.
C.
It is acknowledged that existing buildings within the Riverwalk-B
District commonly have shared walls and zero-foot front setbacks.
Therefore a new small retail/service use proposed for an existing
building is not required to meet the setback requirements for the
existing building. Any new buildings or additions will be required
to meet the setbacks.
A.
If adjacent to a residential structure a buffer shall be provided
consisting of a six-foot-high solid wood or vinyl fence or a planting
of trees sufficient to create a visual barrier.
B.
There shall be adequate landscaping provided to minimize the visual
impact on the public streets.
C.
If multiple buildings are proposed there shall be a minimum of 30
feet between such buildings.
A.
Screening shall be provided to minimize the impact of noise and lighting
from the restaurant or bar on adjacent residential lots.
B.
The use shall be compatible with the adjoining uses, particularly
with regard to traffic circulation, parking, and appearance.
C.
Where a residential building which contributes to the historic or
unique character of the surrounding neighborhood is proposed to be
converted to a restaurant, exterior alterations shall be made in a
manner that preserves the essential residential character of the building.
D.
Dumpsters shall be fenced and landscaped to minimize visual impacts
on adjacent lots and streets.
E.
If entertainment is provided, other than a jukebox, the Planning
Board shall take into consideration the potential impact on the neighborhood
and potentially place limits on the hours for entertainment.
A.
The location, design, noise and operation of such facility shall
not adversely affect the character and uses of the surrounding area.
B.
Adequate fences, barriers and other safety devices shall be provided
around the facility at a height of at least six feet, unless the facility
is entirely enclosed in a structure, in which case the structure shall
be secure against unauthorized entry.
A.
Parking areas should be located in the side and/or rear yard areas.
B.
No parking area shall be closer to the street curb than 20 feet.
C.
No parking area shall be closer to the property lines than 25 feet.
D.
Front yards shall have landscaping.
E.
Side yards shall have a landscaped area, approved by the Planning
Board, of not less than 15 feet.
F.
Rear yards shall have a landscaped area, approved by the Planning
Board, of not less than 15 feet if the parking area or building is
within 100 feet of a residential structure.
G.
Access and traffic patterns, both on-site and entrance/exit shall
be so designed as to minimize traffic hazards. In no instance shall
any entrance or exit road be closer than 100 feet to the nearest street
corner or road intersection. All such access plans shall be approved
by the appropriate state, county or Village highway authorities.
A.
All operations of the machine and/or welding shop shall be conducted
within an enclosed building or structure.
B.
Except for brief periods incident to receipt or shipment, all parts,
materials, scrap metal, implements and/or vehicles to be repaired
shall be stored within a fenced enclosure so as not to be visible
from off the site.
C.
No building, structure or enclosure shall be located closer than
100 feet to any residential structure.
D.
Operations of the shop shall not cause any undue noise, traffic,
vibration, odors or lighting glare that are detrimental to the neighborhood.
E.
The use shall not produce exterior noise levels that are detrimental
to neighboring residential areas.
F.
The area dedicated to such operation shall be limited to a maximum
area of 5,000 square feet.
A.
Interior traffic circulation shall be designed to allow for safe
vehicular movement and safe pedestrian movement. There shall be adequate
space for stacking of vehicles waiting to access the pump islands.
B.
Parking requirements shall be met for the total retail portion of
the use.
C.
If the proposed use is adjacent to a residential lot a buffer shall
be provided to minimize visual and noise impacts.
A.
Enabling authority. The Joint Planning Board of the Town and Village
of Clayton is hereby authorized to review and approve, approve with
modifications or disapprove special use permits consistent with Village
Law § 7-725-b in relation to telecommunication facilities.
B.
Legislative intent.
(1)
The residents of the Town and Village of Clayton have expressed a
strong desire to maintain a small-town atmosphere with close ties
to the St. Lawrence River (re: 1995 survey). The Town and Village
of Clayton have as one of their prime sources of revenue the visitors
and summer residents that come here to enjoy the beautiful area, especially
the scenic St. Lawrence River. Sound land use planning dictates that
all that is possible be done to preserve the aesthetic quality of
this area.
(2)
The Town and Village of Clayton recognize the increased demand for
wireless communication facilities and the need for the services they
provide. The intent of this article is to ensure the siting of telecommunication
facilities in a manner consistent with sound land use planning by:
(a)
Minimizing visual effects of telecommunication facilities through
careful design, siting and proper screening.
(b)
Insuring adequate safety through proper engineering and careful
siting of telecommunication facilities.
(c)
Reducing the number of towers needed by maximizing the use of
any new (i.e., build for shared use) or existing tower and encouraging
the use of any existing building and/or structure.
C.
Special use standards.
(1)
Any request for a telecommunication facility shall be considered
a Type 1 action under the New York State Environmental Quality Review
Act.
(2)
No telecommunication facility shall hereafter be used, erected, moved,
reconstructed, changed or altered except after the approval of a special
use permit and in conformity with these regulations. No existing structure
shall be modified to serve as a transmission tower unless in conformity
with these regulations.
(3)
Exceptions to these regulations are limited to new uses that are
accessory to residential uses and lawful or approved uses existing
prior to the effective date of these regulations.
(4)
Where these regulations conflict with other laws and regulations
of the Village of Clayton, the more restrictive shall apply, except
for tower height restrictions which are governed by these special
use standards.
D.
Shared use.
(1)
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(e) on preexisting structures shall
be considered. An applicant shall be required to present an adequate
report listing existing towers and structures within a reasonable
distance of the proposed site and the possible use thereof.
(2)
The applicant shall pay all reasonable fees and costs of adapting
an existing tower or structure to a new shared use. These costs include
but are not limited to structural reinforcement, preventing transmission
or receiver interferences, additional site screening and other changes
including real property acquisition or lease required to accommodate
shared use.
E.
New towers.
(1)
An applicant shall be required to submit a site plan as described
in this chapter. The site plan shall also include documentation on
the proposed capacity and uses as well as justification for the height
of any tower or antenna. Additionally, the Joint Planning Board shall
require that the site plan include a completed visual environmental
assessment form. The Joint Planning Board may require submittal of
a more detailed visual analysis, based on the results of the visual
environmental assessment form.
(2)
The applicant shall be required to submit a "search ring" prepared,
signed and sealed by a qualified engineer, registered in New York
State and overlaid on an appropriate background map depicting the
area within which the communication facility needs to be located,
in order to provide proper signal strength and coverage to the target
cell. The applicant must be prepared to explain to the Joint Planning
Board why it selected the proposed site, discuss the availability
or lack thereof of a suitable structure within the search ring for
co-location and the extent to which the applicant has explored locating
the proposed tower in a less sensitive area. All correspondence with
other telecommunication providers is part of the requirement.
(3)
In the interest of minimizing the number of new towers, the Joint
Planning Board may require as a condition of telecommunication facility
approval, that the applicant indicate in writing its commitment to
co-location of telecommunication facilities. The applicant will design
the tower to have the minimum height and carrying capacity needed
to provide future shared use and agree to negotiate in good faith
for shared use of the proposed tower by other telecommunication providers
in the future. The condition for future co-location may not be required
if the applicant demonstrates that provision of future shared usage
is not feasible based on:
(a)
The kind of tower site and structure proposed.
(b)
Available spaces on other existing and approved towers.
(c)
The potential adverse visual impact of a tower designed for
shared use.
(d)
All towers and other structures shall be sited to have the least
practical adverse visual effect on the environment.
F.
Setbacks.
(1)
Towers and antenna(s) shall be set back from property lines their
height plus 20 feet unless an engineer's report can specify the
need for a lesser debris fall zone. In no case shall that be less
than the existing setbacks within the district. All accessory structures
shall comply with the existing setbacks within the district.
(2)
Setbacks shall apply to all structural parts including guy wires
and anchors which shall have a minimum of 15 feet setback.
(3)
Additional setbacks may be required by the Joint Planning Board to
preserve privacy of adjoining property owners.
G.
Height. The applicant shall submit information to justify the proposed
height as the minimum necessary to achieve its coverage objectives.
At no time however shall any tower, including antenna(s), exceed 250
feet without a variance from the Joint Zoning Board of Appeals.
H.
Lighting. Towers shall not be artificially lighted except to assure
human safety as required by the FAA. Towers shall be galvanized finish
or painted gray unless other standards are required by the FAA. Towers
should be designed and sited so as to avoid, whenever possible, application
of the FAA lighting and painting requirements.
J.
Parking. The applicant will provide a service road and parking to
assure adequate emergency and service access. Road construction shall
be consistent with proper practice to reduce loss of vegetation and
eliminate soil erosion.
K.
Supporting documentation.
(1)
All information prepared by the manufacturer of the proposed antenna(s)
and/or tower including, but not limited to:
(2)
A copy of the applicant's FCC license.
(3)
When shared use is possible, an engineer's report certifying
that the proposed shared use will not diminish the structural integrity
and safety of the existing tall structure or existing or approved
tower and explaining what modifications, if any, will be required
in order to certify to the above.
(4)
Documentation from the owner of the existing tall structure or tower
for allowed shared use.
(5)
Documentation that all guy wires, guy wire anchors and structures
shall be sufficiently secured to protect them from trespassing or
vandalism.
(6)
The applicant shall agree in writing to keep the telecommunication
facility, including road and all surrounding area, in good and safe
condition.
L.
Removal of obsolete unused facilities.
(1)
The applicant shall agree in writing, and post a bond or other security
acceptable by the Joint Planning Board of $30,000, to remove the tower
and/or antenna(s) if the telecommunication facility becomes obsolete,
damaged beyond use, or ceases to be used for its intended use for
12 consecutive months. After that twelve-month period, removal shall
take place within six months. Such agreement shall also include a
commitment by the applicant to impose a similar obligation upon any
person subsequently securing any rights to the tower or telecommunication
facility.
(2)
All applicants applying for telecommunication facilities special
use permits shall agree to reimburse the Village of Clayton for fees
incurred for consultants and/or specialists to assist in the application
and/or engineering costs.
(3)
The owner of the telecommunication facility shall have all towers
inspected at least every second year for structural integrity by a
New York State licensed engineer. A copy of the inspection report
shall be submitted to the Village of Clayton Code Officer.
For the purpose of this §§ 132-57 through 132-70, the following terms shall have the meanings indicated:
A commercial establishment that defines itself primarily
through its exclusion of minors and, to a lesser extent, through its
exterior signs and advertisements.
A building or portion of a building regularly featuring dancing
or other live entertainment if such building or portion of a building
as a prevailing practice excludes minors by virtue of age, or if the
dancing or entertainment is distinguished or characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas for observation by patrons therein.
Any business entity which knowingly, or with reason to know,
permits, suffers or allows private performance as defined in this
chapter. "Adult entertainment business" also shall be defined to include
but not be limited to adult cabaret, adult media outlet, adult mini-motion-picture
theater, adult motion-picture theater, and any other specific adult
businesses that might be included.
Magazines, books, videotapes, movies, slides or other media
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
An establishment that rents or sells books, magazines, videotapes,
slides, movies or other media, and meets either of the following tests:
more than 25% of the gross floor area is devoted to adult media; or
more than 50% of the gross sales (including rentals) result from the
sale or rental of adult media.
A building or portion of a building with a capacity for less
than 50 persons used for presenting material if such building or portion
of a building as a prevailing practice excludes minors by virtue of
age, or if such material is distinguished or characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas for observation by patrons therein.
A building or portion of a building with a capacity of 50
or more persons used for presenting material if such building or portion
of a building, as a prevailing practice, excludes minors by virtue
of age, or if such material is distinguished or characterized by an
emphasis on the depiction or description of specified sexual activities
or specified anatomical areas for observation by patrons therein.
Adult use includes any use which, by its sexually oriented
nature, is directed toward the adult population and excludes minors
due to age. Such uses include an escort bureau, massage parlor, bathhouse
or hourly motel, an adult motion-picture theater, an adult mini-motion-picture
theater, and adult media outlet.
An escort bureau, adult entertainment establishment, massage
parlor or bathhouse licensed under other ordinances, local laws or
by a state agency.
Engaging in specified sexual activities or the display of
any specified anatomical area by an employee to a person other than
another employee while the person is in an area not accessible during
such display to all other persons in the establishment or while the
person is in an area in which the person is totally or partially screened
or partitioned during such display from the view of all persons outside
the area.
These include less than completely and opaquely covered:
human genitals, pubic region, buttock and female breast below a point
immediately above the top of the areola; and human male genitals in
a discernible turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal
or acts of human masturbation, sexual intercourse or sodomy or fondling
of or other touching or other erotic touching of human genitals, pubic
region, buttock or female breast.
For the purposes of this section, all uses set forth in § 132-57, Adult entertainment definitions, the definitions of "adult cabaret" through and including "adult use, licensed," shall be known as "adult entertainment businesses."
No adult use shall be established except upon the approval of
special use permit from the Planning Board. Adult uses shall only
be allowed by special use permit in the IND-A District.
No adult uses shall be located within 500 feet of any other
adult uses.
No adult entertainment business shall be permitted unless located
within Zone Industrial-A in which such businesses are permitted and,
in addition, the structure of the adult entertainment business is
located no closer than:
A.
Five hundred feet from the property line of any of the following:
(1)
A public or private educational facility.
(2)
A religious use.
(3)
A licensed day-care center, nursery school or preschool.
(4)
A public library.
(5)
A municipal park, playground or forest preserve.
(6)
A recreation facility.
(7)
A community facility.
(8)
A historic resource.
(9)
A Riverwalk district.
(10)
A scenic resource.
B.
Two hundred fifty feet from a residential zone.
C.
One hundred feet from a highway (road) right-of-way.
No adult use shall be located in any building that is used in
whole or in part for residential uses.
All building openings, including doors and windows, shall be
located, covered or screened in such a way as to prevent a view into
the establishment from any public street, sidewalk or parking area.
Interior signs, displays or other advertisements containing nude,
seminude, or provocative pictures shall not be visible from the exterior
of the establishment.
As a condition of approval of any adult use, there shall be
a restriction that there shall be no outdoor sign, display or advertising
of any kind other than one identification sign limited to only the
name of the establishment. Such sign shall be reviewed by the Planning
Board in conjunction with the site plan review and shall conform to
all signage requirements of this chapter.
Loudspeakers or sound equipment used by adult uses shall not
be audible by the public from any public street, sidewalk or parking
area.
The use will not unreasonably increase or introduce traffic
congestion or safety hazards or impose traffic volume on streets and
street patterns which are deficient in width, design, sight distance,
intersection configuration, or other typical standards necessary to
accommodate such traffic changes.
The use makes provision for safe and adequate off-street parking
in accordance with these regulations. Parking should consist of one
space per 100 square feet of gross floor area plus one space for each
employee, at a minimum.
The use and proposed design of the building and other structures
and site facilities for the use are appropriate in the proposed location
and have incorporated reasonable efforts to harmonize with surrounding
uses and mitigate any adverse impacts on surrounding uses, including,
but not limited to, traffic congestion and hazards, untimely scheduling
of activities, removal of trees and other established natural features,
and excessive stormwater runoff, noise, nuisance, odors, glare or
vibration.
The cumulative impacts of the use in the proposed location will
not unreasonably interfere with or diminish the continued use, preservation,
stability, value, enjoyment, prosperity or growth of the neighborhood
or community.
Any adult entertainment business lawfully operating on the effective date of §§ 132-57 through 132-70 and not permitted as required by §§ 132-57 through 132-70 shall have 30 days to apply for a permit as authorized by §§ 132-57 through 132-70. In the event such permit is denied because the business cannot be operated in a location or manner as permitted by §§ 132-57 through 132-70, such operation shall be deemed a nonconforming use. Such nonconforming use shall be permitted to operate for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
[Added 6-10-2019 by L.L.
No. 2-2019]
Bicycle/pedestrian trail facilities shall be a permitted use
in all zoning districts within the Village of Clayton.
