Village of Clyde, NY Article XVI Supplementary Regulations for Conversions and Seasonal Uses

[Added 10-5-1995 by L.L. No. 6-1995]

§ 190-77 Conversions.

Notwithstanding any other provisions of this chapter, the following restrictions shall apply in the conversion of existing buildings to add additional dwelling units:

A. Conversions shall be restricted to buildings currently used exclusively for dwelling purposes.

B. Dwelling unit size and arrangement shall comply in all respects with the requirements of the New York State Uniform Code.

[Amended 4-27-2006 by L.L. No. 1-2006]

C. No exterior change in size or dimension shall be made to any existing building being converted.

D. No more than 10% of buildings on any named street in any district shall be converted (i.e., East DeZeng would be considered one street; West DeZeng would be considered one street; East Genesee Street would be considered one street; West Genesee Street would be considered one street; Lock Street would be considered one street). Once ten-percent conversion is reached on any named street in any zoning district, then there shall be no more conversions allowed. In computing the ten-percent limit, a building located on a corner lot, regardless of street address, shall be computed for each street the building faces.

E. On any named street in any district, preexisting or new two-family or multiple-family dwellings shall be computed as one dwelling building and shall be counted in determining the percentage of permissible conversions.

F. No conversions to dwelling units shall be permitted in commercial buildings.[1]

[1] Editor's Note: Original § 136-69, Supplementary regulations governing inspections, which immediately followed this section, was deleted 6-1-2002 by L.L. No. 3-2002.

§ 190-78 Seasonal uses.

[Added 4-25-2005 by L.L. No. 1-2005]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

SEASONAL BUSINESS

(1) Any building, structure, business activity or use of land that:

(a) Is normally open to the public, such as a mercantile, food service, professional office or public assembly establishment; and

(b) Has been or is intended to be closed to the public for at least four consecutive months.

(2) The term "seasonal business" shall not apply to temporary uses, such as carnivals, fairs and similar event-specific activities.

B. Approval required.

(1) All new seasonal businesses, and any existing year-round business that begins operating as a seasonal business, shall require a special permit issued by the Planning Board.

(2) Seasonal businesses shall be permitted to operate in any C-1, C-2 or Open Land District only.

(3) Preexisting, nonconforming seasonal uses shall be permitted to continue operating, provided they conform in all respects with the general regulations set forth below. Any preexisting, nonconforming seasonal business found to violate any of the general regulations found in this section shall be deemed abandoned and cannot be used again unless and until it conforms in all respects with this chapter.

C. General regulations.

(1) Seasonal businesses shall be open to the public for at least two months in any calendar year, unless a shorter time period is approved by the Planning Board as a part of the special permit.

(2) Prior to opening each calendar year, such business shall be inspected by the Code Enforcement Officer for compliance with state and local regulations. It shall be unlawful for a seasonal business to operate prior to written approval of the Code Enforcement Officer. The fee for such inspection shall be $20.

(3) Any unapproved or unlawful use shall not be counted toward time that the business is required to be open to the public.

D. Revocation of permit.

(1) Special permits may be revoked by the Code Enforcement Officer as provided in § 190-33.