Village of Clayton, NY
Jefferson County
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Table of Contents
Table of Contents
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.
G. 
Prohibited as home occupations:
(1) 
Animal hospital;
(2) 
Kennel;
(3) 
Restaurant/bar;
(4) 
Private club; and
(5) 
Motel or hotel.
A. 
Rental units.
(1) 
Each rental unit shall have a minimum of 200 square feet of living space, including bathroom facilities.
(2) 
Each rental unit shall have a minimum of one bedroom and a bathroom with flush toilet and bath or shower.
(3) 
Each rental unit shall be supplied with hot and cold running water.
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.
A. 
Applications shall include the following information in addition to what is required for all site plan reviews:
(1) 
Individual manufactured home sites.
(2) 
Information on garbage disposal.
(3) 
Park owner's and operator's name and address.
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).
D. 
Off-street parking facilities shall be provided in accordance with the terms of Article VI, § 132-24.
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.
I. 
Screening.
(1) 
Existing on-site vegetation shall be preserved to the maximum extent possible.
(2) 
Deciduous or evergreen tree planting may be required to screen portions of the structure(s) from nearby property.
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:
(a) 
Make and model of tower.
(b) 
Detail of tower type.
(c) 
Manufacturer's design data for installation instructions and construction plans.
(d) 
Applicant's proposed tower maintenance and inspection procedures and records systems.
(e) 
Anti-climb devices for the tower and any guy wires.
(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:
ADULT BUSINESS
A commercial establishment that defines itself primarily through its exclusion of minors and, to a lesser extent, through its exterior signs and advertisements.
ADULT CABARET
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.
ADULT ENTERTAINMENT BUSINESS
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.
ADULT MEDIA
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.
ADULT MEDIA OUTLET
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.
ADULT MINI-MOTION-PICTURE THEATER
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.
ADULT MOTION-PICTURE THEATER
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
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.
ADULT USE, LICENSED
An escort bureau, adult entertainment establishment, massage parlor or bathhouse licensed under other ordinances, local laws or by a state agency.
PRIVATE PERFORMANCE
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.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
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.