Clarkson City Zoning Code
ARTICLE I
General Provisions
§ 140-1 Title; authority; purpose.
A.
This chapter shall be known as "Local Law No. 1-1973 of the Town of Clarkson." It has been enacted by the Town Board of the Town of Clarkson pursuant to Article 16 of the Town Law of the State of New York which empowers the Town Board to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open space, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes and to establish penalties for the violation of such regulations.
B.
The regulations contained in this chapter have been made in accordance with a well-considered Comprehensive Plan for the development of the Town of Clarkson and are designed to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. These regulations have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses and with a view to conserving and stabilizing the value of land and buildings and encouraging the most appropriate use of land throughout the Town.
§ 140-2 Word usage; interpretation; conflicts with other legislation.
A.
The following rules of construction of language shall apply to the text of this chapter:
(1)
Words used in the present tense include the future tense.
(2)
Words used in the singular include the plural, and words used in the plural include the singular.
(3)
The word "lot" includes the word "plot" or "parcel."
(4)
The word "person" includes an individual, firm or corporation.
(5)
The word "shall" is always mandatory; the word "may" is always permissive.
(6)
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
(7)
Any reference to a residence or residential district shall be interpreted to mean any district with the word "residential" in its title.
(8)
A "building" or "structure" includes any part thereof.
(9)
Each of the phrases "to erect," "to construct" and "to build" a building has the same meaning and includes to excavate for a building and to relocate a building by moving it from one location to another.
B.
This chapter shall be interpreted in such a way, wherever possible, so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect.
C.
Whenever the requirements of this chapter are at variance with the requirements of other lawfully adopted rules, regulations or ordinances or this chapter itself, the most restrictive provisions or those imposing the higher standards shall govern.
§ 140-3 Definitions.
[Amended 1-28-1986 by L.L. No. 1-1986; 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 2-1992; 3-1-1994 by L.L. No. 1-1994; 11-23-1999 by L.L. No. 3-1999; 7-11-2000 by L.L. No. 4-2000; 6-8-2004 by L.L. No. 1-2004; 8-10-2004 by L.L. No. 2-2004; 2-26-2008 by L.L. No. 1-2008; 4-23-2024 by L.L. No. 3-2024]
The following words or phrases, as used in this chapter, are defined as follows:
A structure or a portion of a main structure or a use located or carried out on the same premises and incidental and subordinate to the main structure or use which customarily accompanies or is associated with such main use and structure.
The keeping of more than three animals that are more than six months old for commercial purposes and not related to agriculture.
A building arranged, intended or designated to be occupied by three or more resident households living independently of each other. An apartment house is a structural definition and applies irrespective of how the individual dwelling units therein are offered for sale or rental.
That space of a building that is partly below grade which has more than 1/2 its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. A basement shall be considered a story if the vertical distance between the surface of the floor and the ceiling next above it is at least seven feet six inches.
Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattel.
The area taken on a horizontal plane at the main grade level of the building, exclusive of storage space, open porches, terraces and steps and, in respect to dwellings, also exclusive of attached or built-in garages.
That portion of a building that is partly or entirely below grade level which has more than 1/2 its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
Space reserved for use by any and all residents of a housing development, such as halls, stairways and landings in apartment houses.
A use allowed in a district by a special permit.
A form of residential environment consisting of independent living units which may include facilities for the provision of congregate meals, housekeeping and personal services for persons who are age 55 years or older or physically handicapped regardless of age.
The raising of agricultural products, including livestock, poultry, dairy products, farm crops, fruit and vegetables and nursery stock, whether for gain or otherwise. The term includes livery or boarding stables, but does not include the manufacturing or processing of agricultural products as a principal use.
An occupation or a profession which meets all of the following requirements:
It is carried on wholly within the enclosed walls of a dwelling.
It is carried on by a member of the family residing in the dwelling.
It is clearly incidental and secondary to the use of the dwelling for residential purposes.
It employs not more than one person outside the family.
It does not occupy more than 25% of the floor area.
It employs no exterior display, except a sign not to exceed two square feet, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the building.
It produces no offensive noise, vibration, smoke, dust, odor, heat or glare.
Repair of gasoline or diesel engines or motors, which are not owned by one of the residents of the property for his own use, is expressly excluded.
The storage, manufacture, preparation, processing or repair of any article, substance or commodity and the conduct of any industrial trade, but not such preparation, processing or repair as is customarily applied to articles, substances or commodities in retail businesses or trade for on-the-premises transactions.
A facility duly permitted by New York State for care of seven or more children for less than 24 hours each day.
A building consisting of one dwelling unit.
A building consisting of two dwelling units.
One or more rooms designed for occupancy by one family for residential purposes, with independent housekeeping facilities.
When barriers of sufficient height and opacity are provided so as to reduce the transmission of sound and light into adjacent properties to the point where the adjacent property owner is not disturbed thereby.
A dwelling unit without a separate distinct room for sleeping.
One or more persons who live together in one dwelling unit and maintain a common household.
A facility which conducts one or more of the following uses within an enclosed building to directly support persons and households in need: 1) thrift store, 2) food pantry, excluding food banks and soup kitchens, 3) collection and distribution of seasonal items like "toys for tots," clothing, and school supplies. Also, the following use is permitted indoors and outdoors: 4) mobile food pantry. The facility shall be operated by a charitable organization which is determined to be tax exempt by the IRS pursuant to Section 501(c)(3) of the Internal Revenue Code.
A unit of land having more than five acres and used for cultivation, pasture or other customary agricultural purposes, but not including the raising of fur-bearing animals.
A structure of wood, masonry, wire mesh, stone or other material which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
A parcel of land which does not abut a public street except for a strip of land on which an access drive is located.
A facility that collects, warehouses and distributes food to hunger relief organizations, such as food pantries. Food is not distributed directly to those in need from a food bank.
A facility to collect, store, package, and distribute food, such as fresh produce, perishables, canned goods, or food staples, directly to persons and households in need. The facility shall primarily distribute food but may also include toiletries and hygienic items, diapers, pet food, clothing, and incidental household items. Excluding food banks and soup kitchens. On-site preparation of food is not permitted. The facility shall be operated by a charitable organization which is determined to be tax exempt by the IRS pursuant to Section 501(c)(3) of the Internal Revenue Code.
Deliveries of bulk food and perishable food by a food bank to a food pantry for immediate distribution by the food pantry. Truckloads of food are distributed to people in pre-packed boxes or displayed on folding tables like a farmer's market.
A structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
The level where the finished grade of the ground intersects the foundation wall at the main entrance.
In full compliance with state and federal laws, rules and regulations for handicapped accessibility.
Capable, without structural modification, of being used by a handicapped person. At a minimum, features would include the following:
A minimum door width of all interior and exterior doors of 36 inches.
No more than one step from outside to inside.
No more than one story, unless there is an elevator.
Provisions for installations of handrails in bathrooms and hallways (reinforced walls).
Provisions for installation of a handicapped-usable water closet.
At least one bathroom equipped with a shower with a handrail and built-in seat.
The vertical distance measured from the elevation of the finished grade level to the highest point of the roof.
The vertical distance measured from the elevation of the finished grade level at the front building line to the highest point of the structure.
Shall have the meaning and requirements set forth in Article 23-A of the General Business Law of the State of New York and the rules and regulations promulgated thereunder.
A subdivision with fewer that 20% of the lots fronting on a major road.
A road wholly within a single residential development, whether dedicated or not, which is designed solely to provide access to the residences therein.
Domestic farm animals.
The area within the property lines, excluding any portion thereof within the boundaries of a street or highway.
All state and county roads and highways, plus those Town roads that appear on the Official Road Map of Monroe County as published annually by the Monroe County Department of Public Works.
See "food pantry, mobile."
A structure that is transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
A parcel of land under single ownership which has been planned and empowered for the placement of one or more mobile homes for nontransient residential use.
Equivalent to an apartment house.
A dwelling unit in a building which contains three or more dwelling units. Dwelling units in townhouses, as well as in other apartment houses, are "multiple-family units."
A building, structure or use of land lawfully existing at the time of enactment of this chapter or amendment thereto and which does not conform to the regulations of the district or zone in which it is situated.
Area unoccupied by any building, structure or parking area, whether paved or unpaved.
A fence or hedge through which a person can view motion.
Any undedicated road serving two or more parcels.
Intended to designate any one or more of the following uses, including grounds necessary for their use and accessory buildings:
Churches, places of worship, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
Nursery schools, elementary schools, high schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.
Golf courses and country clubs when occupying not less than 50 acres, not including, however, clubs whose activities include the maintenance, storage, takeoff or landing of aircrafts.
Public libraries and museums.
Municipal buildings.
Hospitals for the treatment of human beings and convalescent or nursing homes, all duly licensed by the State of New York.
Nonprofit membership corporations established for cultural, social or recreational purposes, upon application to the Zoning Board of Appeals for a special permit. Said special permit shall be for the proposed use only. If said permit is granted, site plan approval must be secured from the Planning Board.
Family support center, upon application to the Zoning Board of Appeals for a special permit. Said special permit shall be for the proposed use only. If said permit is granted, site plan approval must be secured from the Planning Board.
Any temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or other required parking spaces.
The distance from the nearest street line or lot line to the edge of the structure in question, measured at right angles or radially from the street line or lot line.
That portion of a building included between the surface of the floor and the ceiling next above it, having a height of at least seven feet six inches.
All state and county roads and highways.
All major roads other than arterial streets.
The line which is the joint boundary line between a lot and the street.
All dedicated streets other than arterial and collector streets.
A building or anything constructed, erected or placed above or below ground, other than walks, driveways and plant life, which requires temporary or permanent location on or the support of the soil or which is attached to any structure.
The division of a parcel of land into two or more lots or parcels.
Vegetation in sufficient quantity and of sufficient maturity so as to prevent erosion, maintain the general character of the area and provide effective screening when such purpose is warranted.
Landscaped with vegetation of a type sufficient to effectively screen differing uses, enhance the quality of the environment and protect the general welfare.
A retail establishment selling secondhand goods donated by members of the public which are displayed and stored within an enclosed building. The establishment shall be operated by a charitable organization which is determined to be tax exempt by the IRS pursuant to Section 501(c)(3) of the Internal Revenue Code.
An individually owned dwelling unit in an apartment house, which unit is one of a series of noncommunicating dwelling units, having a common party wall between each adjacent unit, each with a private outside entrance.
A vehicle for which the registration for the current year has not been issued and affixed thereto. This chapter, however, shall not be construed to prevent the storage of "unlicensed vehicles" in private garages upon the premises of the owners thereof.
The area of the floors of a dwelling unit, excluding unenclosed, unheated porches.
The purpose for which any structure or part thereof and the premises or any part thereof is occupied or intended to be occupied or, if unoccupied, the purpose for which it may be occupied.
A motor vehicle in such condition that it cannot be repaired or which has remained unrepaired for 30 days after the damage occurred or which, by reason of age and prior use, is unsuitable for use on the highway.
The open space between a structure and the nearest street line or lot line.
The Building Inspector or the Deputy Building Inspector of the Town of Clarkson. The "Zoning Officer" shall be a resident of the County of Monroe.
§ 140-4 Enumeration of zoning districts.
A.
The Town of Clarkson is hereby divided into general types of use districts as hereinafter set forth and as the same may be, from time to time, amended. The following are general use districts whose regulations are designed to cover broad areas of the Town and for which extensive mapping in advance of development is logically sound:
[Amended 8-11-1987 by L.L. No. 2-1987]
Recreation-Conservation District - RC |
Suburban Residential District - RS-20 |
Suburban Residential District - RS-10 |
Retail Commercial District - C |
Highway Commercial District - HC |
Industrial District - I |
B.
In addition to the generally mapped districts above. there are also established other use districts which shall be mapped only as a result of specific zoning amendments which may take place from time to time. The following districts have regulations which are designed to cover project-scale proposals which may involve various use mixtures and/or various structure types for which the general use regulations of the districts in Subsection A above or premapping would not be appropriate:
Mobile Home District - MH |
Planned Unit Development District - PUD |
C.
In order to protect the historical and architectural values in the Clarkson Corners area, there is also created a special Clarkson Historical Overlay District to regulate architectural treatment within said district and to complement the use regulations normally pertaining thereto.
§ 140-5 Official Zoning Map.
A.
The location and boundaries of the foregoing classes of districts, together with the streets and highways, are shown on the Official Zoning Map herewith filed and hereafter to be known and designated as the "Official Zoning Map of the Town of Clarkson," which map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter.
B.
There shall exist only one Official Zoning Map, which shall be kept in the office of the Town Clerk, and it shall bear the Seal of the Town of Clarkson, a certification that it is the Official Zoning Map of the Town of Clarkson and its date of adoption.
C.
Copies of this map which may, from time to time, be published and distributed would be accurate only as of the date of their printing and shall bear cautionary words to that effect.
D.
Changes made in district boundaries or other matters portrayed on the Official Zoning Map, under the provisions of this chapter, shall be permanently affixed to the Official Zoning Map promptly after the amendment has been approved by the Town Board and shall convey information as to the date and the nature of the change. A logbook may also be maintained for this purpose as long as the change itself is posted and properly referenced. No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until such change and entry has been made on said map and in said logbook, if any, and has been attested by the Town Clerk. The Town Clerk shall also be responsible for keeping the Official Zoning Map up-to-date.
E.
Should the Official Zoning Map become damaged, destroyed, lost or difficult to interpret because of the changes and additions, the Town Board may, by resolution, adopt a new Official Zoning Map, to supersede the former map. The new map shall be attested in the same manner as the prior map and shall bear a statement which explains that it supersedes the prior map and gives the dates of adoption of both the prior map and the new Official Zoning Map. If possible, the prior map and records of its adoption and amendments shall be preserved; and whenever the prior map exists, it shall have the word "superseded" prominently displayed thereon.
§ 140-6 Interpretation of district boundaries.
A.
Zoning district boundaries are intended to follow property lines, center lines of streets, railroads or streams, or to be parallel or perpendicular thereto, unless otherwise located by appropriate reference on the Official Zoning Map; and where district boundaries are indicated so as to approximately follow such lines, such lines shall be construed to be such boundaries; and where district boundaries are so indicated that they are approximately parallel to such lines, the location of the district boundary shall be measured from the nearest parallel lines using the graphic scale on the Official Zoning Map, if no distance is given.
B.
In the event that none of the above rules are applicable, the location of such boundary, unless the same is indicated by dimension on the map, shall be determined by the Board of Appeals.
C.
Where a district boundary line as established in this section or as shown on the Official Zoning Map divides a lot which was in single ownership and of record at the time of enactment of this chapter, the use authorized on and the other district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending into the remaining portion of the lot. The use so extended shall be deemed to be conforming.