A. 
No building, structure or land shall hereafter be used or occupied and no building, structure or part thereof shall be erected, moved or altered unless in conformity with the applicable regulations of this chapter.
B. 
No building or structure shall hereafter be erected or altered to be less than one full story in height, nor shall any building be used as a dwelling unless it is one full story or more in height, as defined in this chapter.
C. 
No building shall be erected upon any lot unless such lot is located upon a public street or highway, except that, in accordance with Article 44, the Zoning Board of Appeals may make such variance or exception as may seem advisable under the circumstances in accordance with the provisions of that section.
A. 
No lot shall be reduced in size if, as a result thereof, its area or any of its dimensions or open spaces shall be smaller than required by this chapter.
B. 
Any required yard shall be entirely open and unoccupied by buildings other than:
(1) 
Entrance porch or steps not over eight feet deep in a front yard.
(2) 
Porches or terraces in side or rear yards, provided that they are not covered nor enclosed and are no closer to the lot lines than required by the applicable setback restrictions.
(3) 
Detached accessory buildings occupying not over 25% of a required rear yard and setback as required by this chapter.
C. 
No part of any yard or open space required for any building shall be included as part of the yard or open space required for another building.
D. 
Corner lots. Both sides abutting a street, road or highway shall be considered front yards and shall be subject to the front setback requirement. Both sides not abutting a street, road or highway shall be considered to be rear yards and shall be subject to the rear setback requirement.
E. 
Measurement of lot width. In order to accommodate various road designs and configurations, the minimum lot width required shall be measured at the minimum front setback distance required under this chapter and shall be no less than the minimum lot width for a distance of 40 feet extending back from the minimum front setback line.
A. 
No use, activity or occupation shall be permitted in any district of the Town which causes odors, gases, excessive smoke, fumes, vibration or other objectionable effects which carry beyond the premises on which such use, activity or occupation is conducted.
B. 
No effluent or matter of any kind shall be discharged into any stream or body of water which violates established stream standards of the New York State Department of Environmental Conservation or otherwise causes objectionable odors or fumes or which is poisonous or injurious to human, plant or animal life.
C. 
The use of bituminous or soft coal and other excessive smoke-producing fuels is prohibited in all districts of the Town.
D. 
Soil-stripping and the sale or disposition of topsoil except for use on the premises from which it comes is prohibited, except insofar as it is necessary and incidental to sand and gravel operations or lawful excavations for cellars and other structures.
E. 
The storing or dumping of refuse, waste material or other substances is prohibited in all districts within the Town, except for the purpose of filling in to establish grade, for which a permit must be obtained from the Planning Board by the owner. The permit shall require that the fill is of clean, noncombustible matter, containing no garbage, refuse, offal or deleterious matter of any nature, and that the material shall be immediately leveled off and covered with at least one foot of clean, nondeleterious topsoil, followed by either immediate placement of a hard surface or immediate reseeding pasture or other fast-growing surface vegetation until growth of the same is established, or such other temporary measures as necessary to check erosion until weather permits more permanent measures. Said Board may impose other reasonable provisions and shall ensure that the operation shall be hazard- and nuisance-free and may require the posting of a surety company bond as a condition. All permits so issued shall expire one year following the date of issuance and may be renewed under the same procedures as the original. A suitable fee may be charged according to a schedule established by the Board, and all permits are valid only insofar as the conditions under which they may be issued are maintained.
F. 
No materials of any kind shall be stored in any district of the Town, except for the construction of structures to be actually erected upon the premises where such materials are stored within one year from the beginning of such storage and except for farm produce and farm machinery. However, a special permit therefor may be obtained from the Town Board in accordance with the same procedures as in Subsection E above.
A. 
No building, except a silo or church steeple, shall be constructed either over three stories or 40 feet in height, unless built of noncombustible materials.
B. 
If the use of any lot or building involves the disposal of sewage or wastewater, an adequate sanitary disposal system for the same shall be installed in accordance with regulations of the Monroe County Department of Health and with such other regulations as may be adopted and amended by the Town Board. Said system shall be at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to safely provide such disposal system.
C. 
The construction or placement of outhouses and privies is prohibited in any district of the Town.
No obstruction to the view of traffic approaching a street intersection may be placed or permitted to remain within the triangle formed by the intersecting street lines and points 75 feet from the intersection of said street lines when either street is a major road, and points 50 feet from said intersection when neither street is a major road.
A. 
All fences must be erected within the private property lines, and no fence shall be erected as to encroach upon a public right-of-way or public sidewalk.
B. 
All fences shall be constructed so that the finished side faces outward from the premises with the backers and/or support facing inward toward the property owner's side of the fence.
C. 
All fences shall be maintained in a safe, sound, and upright condition.
D. 
The use of motor vehicle, farm implements, parts, components, body parts, tires or trailers as a fence or support of a fence is prohibited.
E. 
Barbed wire, electricity, or similar materials or devices may not be used in conjunction with or as part of any fence. The provisions of this subsection shall not apply to fences on premises used exclusively for a permitted agricultural use as set forth in this chapter.
F. 
It is the intent of this chapter to include any artificially mounded or bermed area under the fence as part of the height of the fence.
G. 
Open fences along front lot lines or alongside lot sides between the front setback line and the highway right-of-way shall not be higher than three feet above the adjacent ground level.
H. 
In determining the height of a split rail fence, the distance to the top of the horizontal rail shall govern and posts shall be no more than one foot higher.
I. 
No fence in a rear or side yard in a residential district shall be erected, altered or reconstructed to a height exceeding six feet above adjacent ground level.
J. 
Fences in mixed use and industrial districts shall be as approved by the Planning Board as part of site plan review. For fences in mixed use or industrial districts being built or modified after site plan approval and not provided for on the site plan, the property owner must apply for a special use permit in accordance with Article 41 if the proposed fence exceeds the maximums set forth above.
K. 
Open fences for the purpose of enclosing farmland, horses, cattle and other farm animals shall not exceed eight feet in height above ground level.
L. 
No fence shall be erected in a delineated area of special flood hazard, except for farm fences, if it can be demonstrated that such farm fence would not restrict the flow of floodwaters nor have any impact on any buildings.
M. 
No fence which obstructs the view of traffic approaching a street intersection may be placed or permitted to remain within the triangle formed by the intersecting street lines and points 75 feet from the intersection of said street lines when either street is a major road and points 50 feet from said intersection when neither street is a major road.
N. 
Closed fences shall not be permitted along any front lot line or along side lot lines between the front setback line and the highway right-of-way.
O. 
Open fences allowed herein shall be decorative, such as picket, split rail or board fences.
P. 
Wire fences including chain link fences, shall be prohibited between the front setback line and the highway right-of-way.
Land which is owned by fire districts, public school districts, the Town of Clarkson, the County of Monroe, the State of New York or the United States of America may be used for the governmental purposes which are permitted under the laws which govern said entities and shall be exempt from regulation under this chapter.
A. 
Except in the case of telecommunications towers, which are regulated by § 140-23.24 of this chapter, the Zoning Board of Appeals may, on application therefor, issue a special permit for the construction and maintenance of a public or private utility or communications structure as it shall deem essential to the public welfare and shall impose such conditions as may be found necessary in the public interest and may modify or vary the restrictions of this chapter to height, size and location of structures applying to the district where such installation is to be located. Such permit shall be issued only after a public hearing and findings by the Zoning Board of Appeals that:
(1) 
The proposed installation will not be detrimental to adjacent property.
(2) 
The proposed installation will not, by reason of its location or nature, create a hazard of any nature to the public or any adjacent owner or occupant.
(3) 
The proposed installation will not interfere with the lawful enjoyment of the public highways or adjacent property in any unreasonable manner.
B. 
Any such permit granted hereunder may be revoked by the Zoning Board of Appeals after due hearing on not less than 10 days' notice to the person holding such permit in the event that the use thereof violates any of the conditions or restrictions imposed by the Zoning Board of Appeals upon the issuance of said permit or if it shall have become a nuisance. Except for such revocation, any such permit heretofore granted shall be deemed to be indefinitely extended.
None of the provisions of this chapter shall be construed or administered to prevent the normal activities, pursuits, occupations or transactions customarily carried on by farmers in this area in operating farms or agricultural premises owned or occupied by them. However, those provisions of this chapter relating to the size of lots and subdivision of lands, setback of buildings and uses, clear vision at intersections, signs, permits and enforcement and such provisions as prevent commercial or industrial uses in residential or other districts which are not customarily carried on or associated with the occupation of farming shall be applicable to farms and agricultural premises and those engaged in farming.
A. 
Customary household pets shall be allowed in all residential districts. Keeping of bees, chickens, and farm animals is permitted in some districts, per the regulations of § 140-23.16.
B. 
The finished grade of a lot or the residential portion thereof shall have a minimum slope of 2% and a maximum slope of 7% away from the dwelling wall to ensure adequate surface and ground water drainage. Side and rear slopes will be subject to approval by the Building Inspector and Town Engineer.
C. 
No basement shall be used for dwelling purposes. No basement shall be used for dwelling purposes unless there is above-grade habitable space.
Private swimming pools are subject to the provisions of Chapter 110, Swimming Pools, or the provisions of the New York State Building Code, whichever, in the opinion of the Building Inspector, provides the greater level of safety.
Unless a stricter regulation for a specific district applies, no motor vehicles, trailers, campers or boats shall be stored or parked for more than 15 days on a residential lot outside of existing buildings thereon, except in back of the actual front setback of the principal dwelling and within the permitted side and rear setbacks applicable to the buildings on said lot.
A. 
Purpose. The purpose of this section is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the Town. These standards are designed to protect and promote the public welfare, health and safety of persons within the community and to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility in the design and use of such devices without creating detriment to the general public.
B. 
Objectives. It is further the intent of this section to achieve the following objectives:
(1) 
Ensure right to free speech as protected under the Constitution;
(2) 
Protect property values, create a more attractive economic and business climate, protect traditional Town character, and maintain a desirable appearance of the community;
(3) 
Provide structures and uses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
(4) 
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
(5) 
Reduce the adverse effects of signage on the desirable aesthetic of the Town and on the general environment of the community; and
(6) 
Enforce and encourage the objectives and goals of the Town's Comprehensive Plan.
C. 
Permit required. No advertising sign or billboard of any description shall be erected at any place in the Town of Clarkson without a sign permit by the Zoning Board of Appeals, except the following:
(1) 
One nonilluminated announcement or professional sign not over two square feet in area and not over one foot in height for each professional office professional, administrative, or medical offices in any district.
(2) 
One nonilluminated sign advertising the sale, lease or rental of the premises upon which the sign is located, which shall not exceed six square feet in area in any district.
(3) 
One nonilluminated customary builder's sign placed on the premises where construction, repair or renovation is in progress, which sign shall not exceed six square feet in area.
D. 
Temporary signs.
(1) 
An application may be made to the building inspector for a permit to erect one temporary, nonilluminated sign, with dimensions greater than six square feet but not to exceed 40 square feet, advertising the sale or lease of real property.
(2) 
Permits for temporary signs shall be valid for a period not to exceed one year from the date of application.
(3) 
Permits are specific to the property, not to the bearer of the permit.
(4) 
The cost of said permit shall be established by resolution of the Town Board.
(5) 
In the event that the building inspector denies the application, the applicant may apply to the Zoning Board of Appeals for a sign permit.
(6) 
Temporary nonilluminated signs for local events erected by and for nonprofit organizations, such as churches, American Legion, Boy Scouts, etc., advertising suppers, banquets, benefits, fund-raising sales, etc., may be erected for a 40-day period without a permit in any district; provided, however, that said sign will not constitute a traffic hazard and shall be removed within 48 hours after the advertised event.
E. 
Sign dimensions.
(1) 
No sign shall be newly erected in the Town which has a surface area in excess of 40 square feet. In the case of a multi-faced sign, both sides of the sign are considered in determining the total sign area.
(2) 
No sign shall be newly erected in the Town which has a height in excess of 14 feet. The height shall be taken as the vertical distance from the uppermost portion of the sign to the ground.
F. 
Prohibited signs.
(1) 
Digital signs shall be prohibited in the Town of Clarkson.
Single- and two-family dwelling units shall have the following minimum habitable floor area:
Stories
Min Habitable Floor Area
(square ft)
One story
960 sf
One-and-a-half stories
864 sf/504 sf1
Two stories
640 sf/640 sf1
NOTE:
(1)
The first number is the requirement for the first story, the second number is the requirement for the second story.