This chapter shall be known as the "Village of Clyde Zoning Regulations" and shall consist of the text contained herein and the Village of Clyde Official Zoning Map, hereinafter termed the "Zoning Map."
This chapter provides for regulating, controlling and restricting the use and development of land and buildings within the Village of Clyde in order to promote and protect, to the fullest extent permissible, the environment of the Village and its public health, safety and general welfare in accordance with the purposes outlined in Article 7 of the Village Law.
For purposes of interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary for the promotion of the public health, safety, comfort, convenience and general welfare.
This chapter shall not be construed as superseding, limiting, changing or suspending any law, ordinance, code or regulation affecting the safety, construction or sanitation of any building or structure. If any part or provision of this chapter or the application thereof to any person of circumstance be adjudged invalid, by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgement shall have been rendered, and shall not effect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. The Village Board of the Village of Clyde hereby declares that it would have enacted this chapter or the remainder thereof had the invalidity of such provision or application thereof been apparent.
A. 
For the purpose of this chapter, certain terms herein shall be interpreted or defined as follows: words in the present tense shall imply also the future tense; the singular includes the plural; the word "person" includes a corporation, partnership, or any other legal business entity, as well as an individual; the word "lot" includes the word "plot" or "parcel"; the words "shall" and "must" are always mandatory; the word "used" or "occupy," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to use or be occupied."
B. 
Various terms or words of this chapter shall be interpreted or defined as follows:
A-FRAME STRUCTURE
A structure, the main frame of which is in the form of an inverted V, and typically having no side walls.
[Added 6-1-2002 by L.L. No. 3-2002]
ALTERATION
Any change, rearrangement or addition to a building or structure, other than repairs, and any modification in construction or in building equipment. This term shall be construed to include any change, either interior or exterior, in dimension, use or number or type of occupancy of any building or structure.
ANIMAL, DOMESTIC
Includes dogs and cats, as well as other common household pets, such as fish, hamsters, gerbils and birds, which are maintained indoors. This term shall exclude farm animals (horses, livestock and poultry) and wild or other dangerous animals.
ASSEMBLY HALL
Any place used for public or private gatherings, such as a Grange Hall, V.F.W., American Legion, Elks Lodge, Moose Club, Masonic Lodge, or similar occupancy not otherwise defined in this chapter.
[Added 10-18-1999 by L.L. No. 3-1999]
BOARDINGHOUSE or ROOMING HOUSE
A building, other than a motel or hotel, wherein three or more people are sheltered or fed for compensation and/or profit. (See "commercial residence.")
BUFFER STRIP
A strip of open land along the perimeter of a lot, in widths prescribed by the applicable sections of this chapter, planted with grass, trees and/or shrubs so as to provide a pleasant aesthetic appearance and a visual screen and which shall contain no buildings or structures except a permitted fence. Any screening or buffer strips situated on the side of any property shall not be placed within 10 feet of any Village right-of-way so as not to obstruct the view of pedestrians or other persons.
BUILDING
A structure having a roof and wholly or partially enclosed within exterior walls, or within exterior and party walls, which can afford shelter to persons, animals or property.
BUILDING, ACCESSORY
A building, the use of which is customarily incidental to that of the main or principal building and which is located on the same lot as the principal building, such as but not limited to a garage or storage shed.
BUILDING, PRINCIPAL
A building or structure designed primarily to accommodate a principal use. An attached garage shall be considered part of the principal building.
CANNABIS (MARIJUANA)
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. This term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For purposes of this chapter, "cannabis" does not mean "industrial hemp" as defined herein.
[Added 11-27-2021 by L.L. No. 2-2021]
CANNABIS PRODUCT
Marijuana, concentrated cannabis, and marijuana-infused products containing concentrated marijuana or cannabis and other ingredients. Cannabis products shall include cannabidoil (CBD) oil products derived from marijuana, but shall not include cannabidoil (CBD) oil products derived from hemp.
[Added 11-27-2021 by L.L. No. 2-2021]
CANNABIS-RELATED LAND USE
The cultivation, harvesting, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, use, smoking, ingestion, consumption, delivery or sale of cannabis and cannabis products. Exception: This definition shall not include the private residential cultivation, harvesting, storing, use, smoking, ingestion or consumption of adult-use cannabis or medical marijuana as defined by and allowed by New York State law or regulation.
[Added 11-27-2021 by L.L. No. 2-2021]
COLD FRAME STRUCTURE
A structure consisting of a frame, covered with glass or a flexible material such as canvas, and commonly used for the unheated sheltering of plants, hay, or other materials.
[Added 6-1-2002 by L.L. No. 3-2002]
COMMERCIAL RESIDENCE
A building such as a rooming house or boardinghouse, dormitory, tourist house or guest house, hotel, motel or similar facility where lodging and/or meals for three or more roomers, boarders or guests are served for compensation, regardless of whether for transient or permanent occupancy. This term shall not include group residences, as defined herein, or a family foster care.
COMMERCIAL VEHICLE
A commercially licensed vehicle used primarily for purposes other than passenger transportation or for transportation of 10 or more passengers and which is more than seven feet in height and seven feet in width. This term shall include but not be limited to such motor vehicles as buses, delivery trucks, tractor trailers or components thereof, refrigerated trucks, step vans, repair and tow trucks, dump trucks and other construction vehicles and equipment. Passenger-sized vans, suburban vehicles and pickup trucks, whether used for family transportation or commerce, shall not be included in this definition for purposes of this chapter.
COMMUNITY CENTER
A facility under the direct supervision and control of a charitable, religious, social service, public or similar community organization, including not-for-profit corporations, which provides a place of congregation or meeting for purposes of education, training, counseling, active or passive recreation or similar pursuits, including social facilities incidental thereto. This term shall not include schools or retail business activities.
CORNER LOT
A lot fronting on two streets at their intersection.
DAY CARE, FAMILY
An activity providing for the care and supervision of minors away from their own homes in a dwelling unit for no more than four minors daily who are not related to the head of the household of the unit.
DAY-CARE FACILITY
An activity providing for the care and supervision of minors away from their own homes as a daily program, such as a day nursery, preschool program or day-care center, but expressly excluding family day care, as defined herein.
DRIVE-IN SERVICE FACILITY
An establishment which includes provision for customers to conduct business or secure consumer goods while remaining in their motor vehicles, or a business where takeout consumer goods are dispensed or sold for the consumption of such goods within the customers' motor vehicles. Drive-in activities include, but are not limited to, drive-in banks, restaurants and package-food restaurants with drive-through service and drive-in photo services, but exclude motor vehicle service facilities, as defined herein.
DRIVEWAY
Land used by vehicular traffic as access to and situated on the property or lot; such land shall be a hard-surfaced area of crushed stone/gravel, asphalt or concrete and shall not exceed maximum widths as set forth herein.
DWELLING UNIT
An entire building, or one or more rooms within a building having access to the exterior of said building directly or through a common hall or entrance, containing kitchen, bathroom, dining, sleeping and similar facilities incidental and necessary to human habitation, intended and designed as a self-contained living or housekeeping unit and designed exclusively as a place of residence and/or domicile for occupancy by not more than one family, as defined herein.
DWELLING UNIT, MULTIPLE-FAMILY
A building designed for or occupied by three or more families with separate housekeeping and cooking facilities for each.
DWELLING UNIT, SINGLE-FAMILY
A detached building designed for or occupied by one family only and containing no other principal use.
DWELLING UNIT, TWO-FAMILY
A building designed for or occupied by two families only, with separate housekeeping and cooking facilities for each, and containing no other principal use.[1]
FAMILY
A family is one or more persons limited to the spouse, parents, grandparents, grandchildren, sons, daughters, brothers and sisters of the owner or the tenant or of the owner's or tenant's spouse living together as a single housekeeping unit with kitchen facilities.
FARM
Any parcel of land containing not less than 10 acres, which is used for gain in raising agricultural products, livestock, poultry, dairy products, and includes necessary farm structures within the prescribed limits and the storage equipment used. It excludes the raising of fur-bearing animals, riding academies, or boarding stables and dog kennels.
FENCE
A structure serving as an enclosure, barrier, or boundary, usually made of posts, boards, wire, wrought iron, stakes or rails.
[Added 10-18-1999 by L.L. No. 3-1999]
FLOOR AREA
The sum of the horizontal area of the floors of a building excluding the basement (unless used and habitable in conjunction with the building function), stairway, permanent corridors, attic storage and toilet floor areas. All dimensions shall be measured between the interior faces of walls.
GARAGE
A building or enclosed space, not available to the public, that is used primarily for the storage of automobiles, provided that no business, occupation or service is conducted for profit therein.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel, and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles excepting painting and bodywork.
GROUP RESIDENCE
A place and/or domicile occupied by two or more persons, wherein the residential quarters are considered an integral component of a recognized program or rehabilitation, custodial supervision or care, together with required supervisory personnel living in a family-type setting. Such residence shall not be institutional in character or scale and shall maintain a resident count compatible with the character of the neighborhood. This term shall exclude nursing homes and similar institutional settings.
HEIGHT
The vertical distance measured from the average ground level at the sides of the building or structure to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled or hip or gambrel roof, excluding spires, chimneys, stairwell housings and other similar structures, or to the highest elevation of structures not containing a roof.
HOME OCCUPATION
A nonresidential activity constituting an accessory use within a dwelling unit in accordance with the provisions of § 190-30A.
INDUSTRIAL
See "manufacturing."
INDUSTRIAL HEMP
The plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry-weight basis.
[Added 11-27-2021 by L.L. No. 2-2021]
JUNKYARD
An activity characterized by the storage, sale or dismantling of discarded machinery, equipment, paper, rags, scrap and similar materials, which activity is the principal activity as distinguished from an incidental use of another type of business. This term shall specifically include automobile graveyards and scrap-metal-processing plants.
KENNEL
A structure to accommodate the commercial boarding, sale or care of dogs, cats and other domestic animals or the harboring of more than four dogs, each being over six months of age.
LOADING SPACE
Any off-street space used for the temporary location of one licensed motor vehicle and which is at least 12 feet wide and 40 feet long, not including access driveway, and having direct access to a street or alley.
LOT
An area contained within lot lines as described in a deed and which is properly recorded in the records of Wayne County. Areas shown on maps or described in deeds which are continuous and under common ownership as one lot for the purpose of this chapter.
LOT AREA
A lot expressed in square units of measure derived by viewing the lot as a level surface.
LOT COVERAGE
Lot area occupied by all principal and accessory buildings and structures.
LOT LINE
A boundary defining ownership of land as derived from maps, deeds and similar title documents. Boundaries defining less than a fee interest, including leasehold interests and common areas, shall be submitted to the Planning Board for a determination as to whether such boundaries constitute a lot line for purposes of allowing land use activities. Lot lines shall also be classified as rear, front and side lot lines, as hereinafter defined. Where the application of such classifications cannot be made with certainty, as determined by the Code Enforcement Officer, the Planning Board shall render a determination establishing an appropriate classification for purposes of allowing land use activities.
LOT LINE, FRONT
A lot line coincidental with the line of a street, sidewalk or other public right-of-way, except that where such line is described as being within the boundaries of a public right-of-way, the most interior boundary of such right-of-way shall be construed to be the front lot line. Where two public rights-of-way intersect, a lot line coincidental with the boundary line of either may be selected as the front lot line for development purposes, as long as no nonconforming elements are thereby created.
LOT LINE, REAR
A lot line generally parallel to or directly opposite a front lot line.
LOT LINE, SIDE
A lot line generally extending between a front and rear lot line.
LOT WIDTH
The linear dimension of a straight line situated between side lot lines and measured at the front building line.[2]
MANUFACTURING OR INDUSTRIAL BUSINESS
A commercial activity characterized by the transformation of substances into new products, including the assembly of component parts of manufactured products, such as are normally associated with industrial plants, factories or mills utilizing power-driven machinery and materials-handling equipment. This term shall also include transportation facilities designed for the handling of goods destined for shipment, including interim storage facilities, truck terminals, freight stations and related installations and improvements. This term shall not include junkyards, automotive or other disassembly plants, or bulk petroleum storage.
MARQUEE
A roof-like structure often bearing a signboard, projecting over an entrance to a building.
[Added 10-18-1999 by L.L. No. 3-1999]
MEDICAL CENTER
A facility providing for the examination of patients, the treatment of illness, injury and disease, providing inpatient and/or outpatient accommodations, including what are commonly termed "clinics," "diagnostic centers," "neighborhood health centers" and "hospitals," but expressly excluding group residences and nursing or convalescent homes except where such facilities are accessory only. This term shall include private physicians' offices situated within or integral to a medical center.[3]
MOTOR VEHICLE SERVICE
The on-premises repair, maintenance and general servicing of motor vehicles, including but not limited to the following activities: gasoline service station, car wash, body and/or repair shop, motor vehicle sales and the sale of motor vehicle accessories when installation services are offered on the site.
NONCONFORMING ELEMENT
Any lot, yard, building, structure, use of land or aspect related to use (such as off-street parking, signage or screening), which does not comply with the applicable district or general regulations at its inception and which has continued to exist in a manner consistent with such previous compliance. This term shall include the following: "nonconforming structure," "nonconforming use," "nonconforming lot" and other nonconforming elements as outlined in § 190-27.
NONCONVENTIONAL STRUCTURE
Any A-frame structure, cold frame structure, portable carport, quonset-type structure, or storage trailer, as defined in this chapter. This definition may be extended to any structure which, in the opinion of the Code Enforcement Officer, is of such an unusual architectural or geometric design that it may cause an adverse physical impact upon the general neighborhood.
[Added 6-1-2002 by L.L. No. 3-2002]
NURSERY AND GREENHOUSE
A place or building where trees and/or plants are cultivated for transplanting or retail sale to the public. This definition shall not apply to a garden or the cultivation of plants or trees for personal use.
[Added 6-1-2002 by L.L. No. 3-2002]
OFFICE
Includes commercial, professional, financial (excluding banks with drive-in facilities, insurance, real estate, medical, governmental and utility service company offices. Banks with drive-in facilities shall be included in the "drive-in service facility" definition.
OPEN LAND
Dedicated parkland and other undeveloped public properties, excluding highway and utility rights-of-way.
PACKAGE-FOOD RESTAURANT
Any structure designed, intended as or used, in whole or in part, for the retail sale of food and/or beverages for off-premises consumption, or for both on- and off-premises consumption, but specifically excluding restaurants with drive-through facilities. (See "drive-in service facility.")
PARKING SPACE
A space used for temporary location of one licensed motor vehicle, which space is at least nine feet wide and 20 feet long, not including an access driveway and having direct access to a street or alley.
PARKING SPACE, OFF-STREET
A parking space located solely within the boundaries of the property and shall not include spaces located in the public right-of-way either on the street pavement or between the street pavement and a property's front lot line.
PARKING SPACE, ON-STREET
A parking space located in the public right-of-way which is officially established and maintained by the Village of Clyde.
PORTABLE CARPORT
A portable structure consisting of a frame, covered with canvas or other flexible material, and commonly used for the temporary sheltering of automotive vehicles, boats, campers, or similar equipment.
[Added 6-1-2002 by L.L. No. 3-2002]
PROFESSIONAL OFFICE
An office containing the business of a health care practitioner, architect, engineer, accountant or attorney.
[Added 5-7-1998 by L.L. No. 2-1998]
PROFESSIONAL RESIDENCE - OFFICE
A home occupation containing the office of a health-care practitioner, architect, engineer, accountant or attorney.
QUONSET-TYPE STRUCTURE
A prefabricated or site-built structure having a roof of corrugated metal or other material that curves down to form walls, resembling a semicircular arch in cross section.
[Added 6-1-2002 by L.L. No. 3-2002]
RELIGIOUS FACILITY
A place of worship, such as a church, synagogue or similar structure, together with such other structures and uses as are normally incidental thereto.
RESTAURANT
Any structure designed, intended as or used, in whole or in part, for the retail sale of prepared food and/or beverages for on-premises consumption. Restaurants with drive-through facilities shall be included in the "drive-in service facility" definition and subject to the requirements of Article XI. Restaurants with package-food service shall be included in the "package-food restaurant" definition.
RETAIL BUSINESS
A commercial activity characterized by the direct on-premises sale of goods and services within a building to the ultimate consumer, generally involving stock-in-trade such as is normally associated with department stores, food markets, boutiques and similar establishments. This term shall also include personal service establishments, such as barbershops, beauty salons and dry-cleaning shops. This term shall not include restaurants, gasoline service stations or other vehicular services, outdoor retail sales or offices.
SCHOOL
Public kindergarten, elementary and secondary schools below the university level and private, denominational and/or nonsectarian schools having a curriculum equivalent to and substantially the same as public elementary and secondary schools.
SCREENING DEVICE
A permanent barrier, any portion of which is situated two or more feet above grade, composed of any material, including what are commonly termed "walls, " "fences," "hedges" and similar structures or improvements intended to provide privacy and/or security. Any fence shall be dressed on the section of fence facing the outside away from the homeowner's property and said fence shall be aesthetically acceptable.
SINGLE-FAMILY INCOME PROPERTIES
Any property listed that houses any tenant or tenants or any land contract vendee or land contract vendee's or any property that houses individuals, none of whom are the owner of record property.
[Added 10-5-1995 by L.L. No. 6-1995]
STORAGE TRAILER
A wheeled or nonwheeled container, designed and used for the purpose of storing or transporting goods, which are capable of being moved by highway, rail, air or sea. This definition shall not include mobile homes, contractor's or construction trailers, horse trailers, recreational vehicles, or similar vehicles and equipment.
[Added 6-1-2002 by L.L. No. 3-2002]
STREET
A thoroughfare, publicly or privately owned, open to general vehicular use.
STREET LINE
The right-of-way or established property line of a street will be defined in accordance with the width that is stated on the Village Tax Map. For example, the right-of-way of a forty-foot road would be 20 feet from the center of the road. The setback would then be measured from that point.
[Amended 10-5-1995 by L.L. No. 5-1995]
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including but not limited to buildings and accessory structures.
STRUCTURE, ACCESSORY
A structure generally associated with the use of property, other than a principal or accessory building, including but not limited to the following: radio or television antennas, satellite dishes or other communication devices, flagpoles, signs, fireplaces and outdoor recreational facilities such as antennas or basketball courts or swimming pools.
[Amended 10-18-1999 by L.L. No. 3-1999]
SWIMMING POOL
Any artificial pool or structure, either permanently installed or temporarily placed on the premises, intended for the purpose of swimming, bathing or wading and over 24 inches in depth or having a surface area exceeding 200 square feet, whether above or below the finished ground level.
USE
The purposes for which a structure or premises or part thereof is occupied, designed, arranged or intended. This term shall encompass the term "use, principal" and "use, accessory."
USE, ACCESSORY
An activity which is incidental, subordinate to and which may not be carried on independently of a principal use, such as home occupation. It is the intent of this chapter that the term "accessory use" shall be narrowly construed and such accessory use shall in no case dominate in area, extent, or purpose, the principal lawful use or building.
USE, PRINCIPAL
An activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or principal buildings or structures thereon are intended and designed.
UTILITY STRUCTURE
Buildings or structures used in conjunction with public utility services, including but not limited to energy substations, transmission towers, pumping stations and communication equipment housing, but excluding offices, vehicle storage, warehousing and similar functions.
WHOLESALE BUSINESS
A commercial activity characterized by the sale of merchandise in quantity to retail, manufacturing, construction contracting, institutional or other wholesale establishments, including on-premises storage and distribution facilities, but excluding bulk petroleum storage.
YARD, FRONT
The lot area bounded by the front and side lot lines and front building line, open and unoccupied except as provided in § 190-56C or as otherwise permitted in this chapter.
YARD, REAR
The lot area bounded by the rear and side lot lines and rear building line, open and unoccupied except as provided in § 190-56C or as otherwise permitted in this chapter.
YARD, SIDE
The lot area between the side lot and side building line further bounded by the front and rear yards, open and unobstructed except as provided in § 190-56C or as otherwise permitted in this chapter.
[1]
Editor's Note: The definition of "factory-built mobile home," which was added 7-9-1998 by L.L. No. 5-1998 and immediately followed this definition, was deleted 4-27-2006 by L.L. No. 2-2006.
[2]
Editor's Note: The definition of "manufactured home," which was added 7-9-1998 by L.L. No. 5-1998 and immediately followed this definition, was deleted 4-27-2006 by L.L. No. 2-2006.
[3]
Editor's Note: The definitions of "mobile home" and "modular home," which were added 7-9-1998 by L.L. No. 5-1998 and immediately followed this definition, were deleted 4-27-2006 by L.L. No. 2-2006.
C. 
Additional definitions are provided in § 190-50.
Except as hereinafter provided:
A. 
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
B. 
No building or structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of dwelling units; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards or other open spaces than is herein specified for the district in which it is located or in regulations applicable to all districts.
C. 
No part of a yard or open space required about any building or structure for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for another building or structure.
D. 
Other uses prohibited. All uses not specifically permitted in a district by right or permitted upon issuance of special permit shall be deemed prohibited.
E. 
Existing buildings and uses. This chapter shall not apply to existing buildings or structures, nor to the existing use of any building, structure or land to the extent which it was legally used at the time of enactment of this chapter. The terms of this chapter shall apply to any subsequent change in use, alterations, extension or movement of a building or structure and to any change in use of land.
F. 
Existing land use violations. Land use existing on the effective date of this chapter which is unlawful under any prior applicable regulations shall be lawful only to the extent that it complies with this chapter. However, such compliance shall not excuse or be used to abate or enjoin the prosecution of such unlawful conduct, whether initiated prior or subsequent to the effective date of this chapter.