[Amended 10-19-1977 by L.L. No. 3-1977; 8-11-1987 by L.L. No. 2-1987; 11-23-1999 by L.L. No. 3-1999]
The following regulations are applicable to
all residential districts:
A. Customary household pets shall be allowed in all districts.
The keeping of livestock shall be allowed on any lot in any district
until the gross residential density reaches a point of development
in excess of two dwelling units per acre in the immediate vicinity
of the site. The "immediate vicinity" shall be taken to mean a one-fourth-mile-square
area (40 acres) centered on the site in question.
B. No structure shall have a height exceeding 2 1/2
stories or 35 feet; provided, however, that this regulation shall
not apply to barns, silos, water towers or tanks, windmills or other
farm buildings or farm structures on farms actively engaged in farming.
C. 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.
D. No cellar shall be used for dwelling purposes. No
basement shall be used for dwelling purposes unless there is above-grade
habitable space.
E. All buildings, including accessory buildings, shall
cover not more than 30% of the area of the lot.
F. No single-family detached residence shall be built
in any district of the Town with a building area less than 640 square
feet or with usable living area less than 960 square feet.
G. Prior to the issuance of any zoning permit, the Building Inspector and/or Town Engineer shall review the plans as to their adequacy in the provision of water and the disposal of stormwater and sanitary wastes. All zoning permits are subject to the requirements and procedures as stated in §
140-43.
H. Swimming pools. Private swimming pools are subject
to the provisions of the Swimming Pool Ordinance or the provisions of the New York State Building Code, whichever, in the opinion of the Building Inspector, provides
the greater level of safety.
I. Storage of vehicles, campers, trailers and boats.
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.
J. Parking of trucks and other commercial vehicles with
a capacity of over one ton shall be prohibited in all residential
areas except when on said premises for permitted business purposes.
K. Off-street parking.
(1) For one-family and two-family houses, there shall
be provided on each residential lot a minimum of two parking spaces
for each family allowed to occupy the dwelling.
(2) Multiple-family residences.
(a)
Multiple-family residence projects designed
exclusively for occupancy by senior citizens shall provide a minimum
of one off-street parking space for each dwelling unit of one or two
bedrooms.
(b)
All other multifamily residences shall provide
a minimum of two off-street parking spaces for each dwelling unit
containing two or more bedrooms, and 1 1/2 spaces for each other
dwelling unit.
(3) All other dwellings shall provide one off-street parking
space for each dwelling unit and/or unit accommodation.
(4) Buildings other than dwellings or buildings part of
which contain customary home occupations or professional offices shall
provide one off-street parking space for every 100 square feet of
gross floor area devoted to such use.
(5) Any off-street parking area for more than five vehicles
shall be surfaced with an asphalt or portland cement binder pavement
and shall be so graded and drained as to dispose of all surface water
accumulation within the area.
L. 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. See the appendix at the end of this chapter for typical lot
layouts for various situations which may be encountered.
M. Corner lots and through lots. For the purposes of
regulating the locations of buildings on corner lots and on lots extending
through or between two nonintersecting streets, all buildings on a
corner lot or a through lot shall be subject to the front yard requirements
of the zoning district in which said corner lot or through lot is
located on those sides which face the streets. See the appendix at
the end of this chapter for typical lot layouts for various situations
which may be encountered.
[Amended 2-8-1983 by L.L. No. 1-1983; 8-11-1987 by L.L. No.
2-1987; 11-23-1999 by L.L. No. 3-1999]
A. The Recreation-Conservation District is established
in order to permit the development of extensive open areas for camping,
recreational or conservation purposes.
B. Permitted uses.
(1) The following uses are permitted in this district:
(b)
Summer camps and/or campgrounds.
(c)
Camping trailer parks, subject to the provisions
of the Camping Trailer Park Ordinance of the Town of Clarkson.
(d)
Game farms and fishing areas.
(f)
Riding stables and trail areas.
(h)
Single-family dwellings for the occupancy of
resident-managers and/or the property owner, provided that there is
at least 15,000 square feet of lot area per dwelling unit, exclusive
of that area devoted to the primary use.
(2) Uses of a similar character but not specifically listed
above may apply to the Planning Board for a special permit. Such permits
shall be granted upon a finding by the Board that said use is indeed
of the same general character of the above-permitted uses.
C. Prohibited uses. All uses not expressly or conditionally
permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004]
D. All uses adhere to the following physical requirements:
(1) There are no specific minimum lot areas or frontage
requirements as such; however, such dimensions shall be demonstrably
sufficient for the purpose intended.
(2) The minimum front setback shall be 100 feet. The minimum
side and rear setbacks shall be 25 feet, except that any side or rear
yard which abuts a dedicated street shall require a minimum setback
of 50 feet.
[Amended 6-12-1984 by L.L. No. 2-1984; 9-11-1984 by L.L. No.
4-1984; 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 3-1992; 2-24-1998 by L.L. No. 2-1998; 11-23-1999 by L.L. No. 3-1999]
A. Purpose. The RS-20 Suburban Residential District is
established in order to permit the orderly development of land for
suburban residential uses, to protect the environment and quality
of life and to discourage the development of frontage properties along
major roads for individual residential accesses.
B. Permitted uses shall be as follows:
(2) Single-family residences.
(3) Upon receipt of a special use permit from the Planning Board in accordance with the procedures of §
140-38F of this chapter:
(a)
Roadside stands for the sale of agricultural
products actually grown or raised on the premises.
(b)
Tree nurseries and commercial greenhouses.
(c)
Public buildings and grounds.
(d)
Animal kennels and/or animal hospitals.
(f)
Ice-cream stands, only in conjunction with, and accessory to, a roadside stand permit issued in Subsection
B(3)(a) of this section and subject to the following additional requirements:
[1]
That the sale of ice cream or similar products
is limited to the time between May 15 and September 15 of each year.
[2]
That hours of operation are limited to 11:00
a.m. to 11:00 p.m.
[3]
That the area of the building devoted to the
sale of ice cream is no greater than 25% of the area of the entire
roadside stand, or 200 square feet, whichever is less.
[4]
That there are no tables, chairs or benches
for public seating inside of any building.
[5]
That there are no more than four four-foot-by-eight-foot
picnic tables outside of the building.
[6]
That the stand employs not more than one employee
outside of the family.
[7]
That any sign is limited to six square feet
and that the sign is portable and not used when the stand is not open.
[8]
That sufficient off-street parking is provided
to accommodate employees and customers of both the roadside stand
and ice-cream stand.
(g)
Day-care centers, with the following additional
requirements:
[Added 7-11-2000 by L.L. No. 4-2000]
[1]
The day-care center shall be licensed and approved
by the State of New York and, if required, Monroe County.
[2]
Parking. There shall be one parking space available
for every two employees, plus one space for every five children cared
for.
(4) Upon receipt of a special permit from the Zoning Board of Appeals, in accordance with the procedures of §
140-38F of this chapter, customary home occupations, provided that there shall be no external evidence of such use except a small professional sign not over two square feet in area.
C. Prohibited uses. All uses not expressly or conditionally
permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004]
D. Dimensional requirements in the RS-20 District shall
be as follows:
(1) Single-family and two-family dwellings with individual
sewage disposal (septic):
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[3]
Rear: 30 feet to dwelling, 10 feet to other
structures.
[4]
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.
(d)
Minimum habitable floor area:
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two stories: 640 square feet for each floor.
(2) Single-family dwellings in nonintegral subdivisions
with public sanitary sewers:
(a)
Minimum lot area: 15,000 square feet, except
that the minimum lot area for corner lots shall be 16,500 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum setback for lots other than corner lots:
[1]
Front: 40 feet; 75 feet on a major road.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
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.
(d)
Minimum habitable floor area:
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two stories: 640 square feet for each floor.
(3) Single-family dwellings with integral subdivisions
with public sanitary sewers:
(a)
Minimum lot area: 12,500 square feet, except
that corner lots which shall have a minimum of 14,000 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
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.
(d)
Minimum habitable floor area:
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two stories: 640 square feet for each floor.
(4) Two-family dwellings with public sanitary sewers in
integral and nonintegral subdivisions:
(a)
Minimum lot area: 17,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
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.
(d)
Minimum habitable floor area (for each unit):
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two stories: 640 square feet for each floor.
(5) Farms:
(a)
Minimum lot area: five acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
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.
[5]
Notwithstanding the above, structures intended
to house animals, other than customary household pets, shall be set
back at least 100 feet from any property line.
(d)
Minimum habitable floor area:
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two stories: 640 square feet for each floor.
E. Notwithstanding the provisions of §
140-19L, development of flag lots in private roads in an RS-20 District is permitted, subject to the following restrictions which are intended to supersede any inconsistent provisions in this chapter:
(1) The minimum lot size shall be three acres when serviced
by a private sewage disposal system and two acres when serviced by
public sewers.
(2) The minimum right-of-way frontage on an existing state,
Town or county road shall be 15 feet; provided, however, that in no
case will the total width of the combined right-of-way of all flag
lots in a subdivision be less than 30 feet or more than 60 feet wide.
(3) The maximum number of lots sharing a common private
road shall be four.
(4) Private road specifications are as follows:
(a)
Private roads shall conform to the specifications
set forth by the Town of Clarkson.
(b)
In addition, the owner shall cause to be recorded
in the Monroe County Clerk's office a declaration of covenants, restrictions
and easements, in a form acceptable to the Town's Attorney, which
shall, at a minimum, provide:
[1]
For reciprocal easements for use of each owner
of a lot in said subdivision.
[2]
For a declaration that the Town has no responsibility
for the maintenance of said private road.
[3]
That maintenance of the road is to be paid for
by the owners of the lots. "Maintenance" shall include normal upkeep,
reconstruction, drainage, snowplowing and any and all other costs
which may be associated with such road.
[4]
For a provision that if the road is offered
to the Town for dedication in the future, the road will first be brought
up to Town specifications for a dedicated road at the expense of the
owners of the lots in the subdivision.
[5]
That no certificate of occupancy can be issued
until the road is installed in accordance with the above specifications
and to the satisfaction of the Town Zoning Officer or Engineers.
(5) Minimum usable living area of each dwelling shall
be 1,280 square feet. Each dwelling must have an attached enclosed
garage at least 24 feet by 24 feet in dimension. No two-family homes
are permitted.
(6) Minimum side setbacks shall be 30 feet. The minimum
front setback shall measure from the end of the "pole" (the narrow
part of the lot by which the lot gains frontage on the highway, street
or road) most distant from the highway, street or road on which the
pole exists.
(7) Each building lot shall have an area at least 150
feet wide and 150 feet deep (from the end of the pole which is most
distant from the highway, street or road on which the pole exists)
on which the dwelling and attached garage must be located.
(8) Where water services are available, the supply line
shall be of adequate size to provide fire protection as determined
by the Town Engineer and Building Inspector.
(9) Except where inconsistent, all other provisions of
this chapter shall apply.
(10)
Nothing contained herein is intended to supersede
any laws, regulations or requirements set forth by the State of New
York regarding shared uses of properties.
(11)
See the appendix at the end of this chapter
for illustrations of typical lot layouts.
[Amended 1-28-1986 by L.L. No. 1-1986; 3-1-1994 by L.L. No. 1-1994; 11-23-1999 by L.L. No. 3-1999]
A. The RS-10 Suburban Residential District is established
in order to permit the complete suburbanization of the central area
of the Town of Clarkson at densities suitable to fully serviced areas.
B. Permitted uses.
(1) All uses permitted in an RS-20 District are also permitted
in an RS-10 District, in accordance with the same conditions as pertain
to an RS-20 District.
(2) In addition, the following uses are permitted, subject to a special permit issued by the Planning Board in accordance with the procedures of §
140-38F.
(a)
Multiple-family residences, in accordance with the criteria established in §
140-23.
(b)
Recreational and community buildings and facilities designed for the exclusive use of residents of multiple-family residences [Subsection
B(2)(a) of this section] and their guests.
(c)
Single apartments in single-family homes, provided
that the owner is the main resident and that the external appearance
of the house is that of a single-family dwelling.
(d)
Office buildings, in accordance with the provisions of §
140-38F.
(e)
Congregate housing, in accordance with the following:
[1]
The number of units per building shall not exceed
160.
[2]
The minimum square footage requirements for each unit shall be 20% less than specified in §
140-23H.
[3]
Parking. There shall be one parking space for
each building unit.
[4]
Density shall be determined by the Planning
Board, keeping in mind that such housing is designed primarily for
senior citizens.
[5]
Except as above, the requirements of §
140-23 shall apply.
C. Prohibited uses. All uses not expressly or conditionally
permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004]
D. In the absence of a public sanitary sewer system,
development regulations shall be identical to those for RS-20 Districts.
For houses on integral subdivision roads, if a public sanitary sewer
system is provided, development regulations are as follows:
(1) Single-family dwellings on integral subdivision roads:
(a)
Minimum lot area: 11,000 square feet, except
that corner lots shall have a minimum of 12,500 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
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.
(d)
Minimum habitable floor area:
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two stories: 640 square feet for each floor.
(2) Two-family dwellings on integral subdivision roads:
(a)
Minimum lot area: 13,000 square feet, except
that corner lots shall have a minimum of 14,500 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum setback for lots other than corner lots:
[1]
Front: 40 feet; 75 feet on a major road.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
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.
(d)
Minimum habitable floor area per unit:
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two stories: 640 square feet for each floor.
E. All other regulations of RS-20 Districts shall apply
to RS-10 Districts.
[Added 11-23-1999 by L.L. No. 3-1999]
A. Intent. In addition to the general purposes of this
chapter, it is the intent of the High-Density Single-Family Residential
District to provide housing choices which, while suited for independent
ownership, have fewer maintenance requirements than homes on larger
lots. While not restricted to any one group, these homes would appeal
to senior citizens. These units would be handicapped accessible or
handicapped adaptable. At the time of enactment of this section, there
is no property within the Town zoned RHD. This district is intended
to be a floating zone to be placed in areas currently zoned residential
and served by both public sanitary sewers and public water. The Town
does not desire the large-scale development of these units to the
extent that large areas of the Town become so devoted to such use
that more conventional RS-10 or RS-20 uses would appear out of place.
B. Permitted principal uses. The following principal
uses are permitted in the High-Density Residential Districts:
(1)
Single-family residential dwellings.
C. Conditional uses. The following uses are permitted in the RHD High-Density Single-Family Residential District subject to the issuance of a special permit by the Planning Board pursuant to §
140-38:
(1)
Community centers other than municipal.
(2)
Nursing homes and convalescent homes.
D. Prohibited uses. The following uses are specifically
prohibited in the RHD High-Density Single-Family Residential District:
(2)
Any use not specifically permitted in this zone.
E. Regulations for single-family homes in the RHD District:
(1)
Building requirements.
(a)
Basements. Where full basements are not provided,
there shall be a crawl space with a minimum of 48 inches between the
first floor and the floor of the crawl space.
(b)
Maximum building height: 35 feet.
(c)
Minimum habitable floor area in the RHD District
shall be as follows:
[1]
One story: 960 square feet.
[2]
One and one-half stories: 864 square feet for
first floor; 504 square feet for second floor.
[3]
Two-stories: 640 square feet for each floor.
(d)
At least 50% of the units in a project shall
be single-story homes.
(2)
Site requirements.
(a)
Minimum project size: five acres.
(b)
Minimum lot area: 9,000 square feet.
(f)
Building coverage. The maximum lot coverage
by buildings on a single lot in the RHD District shall be 30%.
(g)
Parking. At a minimum there shall be an attached,
enclosed one-car garage for each unit. In addition, there shall be
sufficient parking space for not fewer than two full-size automobiles.
(h)
Sidewalks shall be provided on at least one
side of the road. Sidewalks shall be maintained as part of the homeowners'
association or by the landlord in the case of units designed and used
as rentals.
(i)
Lighting. All RHD subdivisions shall have suitable
streetlighting designed to provide residents good visibility at night.
(j)
Landscaping. The developer shall provide a landscaping
plan which, at a minimum, shall provide for at least two trees on
each lot. The trees shall be at least four inches in diameter and
five feet above the ground. The type of the trees shall be determined
by the Planning Board with the advice of the Conservation Board taking
into consideration the soil, placement and anticipated growth rate.
(k)
Drainage. All drainage from buildings, driveways
and yards shall be piped underground to a storm sewer system.
(l)
Buffer area. There shall be a buffer area of
at least 20 feet between the area zoned for high-density residential
and any other zoning district. The Planning Board shall determine
the type of screening required, keeping in mind the characteristic
of adjoining properties.
(3)
Other requirements.
(a)
Exterior maintenance. The exterior of the homes,
including the yards, drainage facilities, sidewalks, siding and roofs,
shall be maintained by a homeowners' association. In the case of units
designed as rental units, the Planning Board may, after review of
the maintenance plan and schedule presented by the developer, waive
the requirement for a homeowners' association.
(b)
Care shall be taken that a variety of exteriors
be projected. The Planning Board shall require that the developer
submit a plan, acceptable to the Planning Board, showing a variety
of exterior appearances.
(4)
Permitted accessory uses:
(a)
Outdoor storage of boats, trailers and recreation
vehicles for not more than five consecutive days or 20 days total
in any twelve-month period.
(5)
Prohibited uses:
(b)
Outdoor storage of boats, trailers and recreation
vehicles for more than five consecutive days or 20 days in any twelve-month
period.