The Town Board of the Town of Clarkson, County of Monroe, State of New York, hereby enacts and publishes the following chapter establishing zoning district, use, and development regulations for the Town and providing for the enactment, administration, and amendment thereof pursuant to the provisions of NYS Town Law, Article 16.
This Zoning Law shall be known as the "Zoning Law of the Town of Clarkson." For convenience, it is also referred to as the "zoning code" or "zoning law."
A. 
Purpose. The purpose of this Zoning Code, set forth in the text, tables, illustrations, and map that constitute this chapter, is to promote and protect the public health, safety and general welfare.
B. 
Intent. The regulations of this chapter are also intended to serve as a tool for implementing the vision and goals of the Town of Clarkson Comprehensive Plan, which aims to:
(1) 
Promote the protection of people and their property;
(2) 
Improve the condition of the environment and preserve and protect it from degradation;
(3) 
Shape and improve the quality of the built environment by managing growth so as to provide for the needs of residents while maintaining and improving the overall character and ensuring a healthy environment for future generations;
(4) 
Enhance agricultural viability and protect the Town's agricultural land resources;
(5) 
Promote the availability of diverse, high-quality, affordable, and attractive places for people to live;
(6) 
Provide a transportation system that is safe, efficient, convenient, and environmentally responsible;
(7) 
Provide accessible and attractive parks and diverse recreational opportunities; and
(8) 
Preserve and protect the cultural and public resources of the Town.
This Zoning Code affects every structure and use within the corporate limits of the Town of Clarkson. Tax parcels 068.08-1-1, 068.01-1-1./A, 069.06-2-1, 069.06-2-1.000/TWR, 069.06-2-2 are within the Village of Brockport and are exempt from this Zoning Code. Except as hereinafter provided, no building, structure or premises shall be used or occupied, and no building or structure shall be erected, moved, reconstructed, extended, enlarged, altered, or demolished except in conformity with the regulations herein.
A. 
Applications prior to effective date. Accepted applications that were submitted after the adoption date, but prior to the effective date of this Zoning Code, as determined by NYS Secretary of State filing procedures, shall be reviewed wholly under the terms of this Zoning Code.
B. 
Permits granted prior to effective date.
(1) 
Any building, development, or structure for which a building permit was issued before the effective date of this chapter may be completed in conformance with the issued building permit and other applicable permits and conditions.
(2) 
If construction has not commenced by the effective date of this chapter, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this Zoning Code.
C. 
Continuance of violations.
(1) 
Any violation of the previous Zoning Code will continue to be a violation under this Zoning Code and be subject to penalties and enforcement as provided by this chapter and the Municipal Code of the Town of Clarkson.
(2) 
If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this Zoning Code, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this chapter.
(3) 
The adoption of this Zoning Code does not affect nor prevent any pending or future prosecution of, or action to abate violations of the previous law that occurred before the effective date of this chapter.
(4) 
Continuing nonconformities. Any nonconformity under the previous Zoning Code will also be nonconformity under this Zoning Code, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning law, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
A. 
The provisions of this Zoning Code are the minimum requirements deemed necessary to carry out the Zoning Code's stated purpose and intent.
B. 
In addition to the requirements of the Zoning Code, all uses and development must comply with all other applicable town, county, state, and federal laws and regulations.
C. 
All references in the Zoning Code to other town, county, state, and federal laws and regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for towns to enforce county, state, or federal laws and regulations.
A. 
Conflict with county, state, or federal laws and regulations. If the provisions of this Zoning Code are inconsistent with those of the county, state, or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
B. 
Conflict with other Town regulations. If the provisions of this Zoning Code are inconsistent with one another, or if they conflict with provisions found in other adopted laws, ordinances, or regulations of the Town, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
C. 
Conflict with private agreements and covenants. This Zoning Code is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Code impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Code will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Code, the provisions of the private agreement will control. The Town does not enforce or maintain a record of private agreements.
If any portion of this Zoning Code is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the Zoning Code, and in no way affects the validity of the remainder of the Zoning Code.