Clarkson City Zoning Code
ARTICLE III
Residential Districts
§ 140-19 Regulations applicable to all residential districts.
[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; 9-24-2024 by L.L. No. 6-2024]
The following regulations are applicable to all residential districts:
A.
Customary household pets shall be allowed in all districts. The keeping of livestock, with the exception of chickens on residential properties that do not constitute a farm, 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. The keeping of chickens on residential properties that do not constitute a farm shall be governed by § 140-19N.
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.
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.[3]
[3]
Editor's Note: Said lot layouts are on file in the office of the Town Clerk.
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.[4]
[4]
Editor's Note: Said lot layouts are on file in the office of the Town Clerk.
N.
Chickens. Chickens shall be allowed on any lot in any residential district if they are kept and maintained under the following circumstances:
(1)
Minimum lot size of the property shall be three acres.
(2)
No more than 16 hens shall be allowed per property. Keeping of roosters shall be prohibited.
(3)
No chickens shall be allowed in multi-family complexes, including duplexes.
(4)
Keeping of chickens shall be considered an accessory use and is only permitted as incidental to lots on which the permitted principal use is single-family residential, and a single-family residence is already located on the property.
(5)
Chickens shall be kept for personal use only; no person shall sell eggs or meat or engage in breeding or fertilizer production for commercial purposes.
(6)
Coops or cages housing chickens, and outdoor enclosures, must be at least 20 feet from any door or window on the property and at least 120 feet from any door or window of any occupied structure on any adjoining property.
(7)
Coops, cages, and outdoor enclosures shall be located at least 100 feet from any side yard or rear yard lot line. No chickens shall be kept in the side yard or front yard areas.
(8)
Hens shall be provided with a covered, predator-proof coop or cages that are well ventilated and designed to be easily accessed for cleaning. The coop shall allow at least two square feet per hen. Chickens must be kept in coops from dusk to dawn. Hens shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the property and to prevent predators from accessing the birds. Outdoor enclosures shall be a minimum of two square feet per hen.
(9)
The enclosure area must always be well drained and clean, offer access to living vegetation, be resistant to erosion by activities of the birds, and provide access to water, shelter, and feeding areas.
(10)
The coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent the accumulation of waste. Bedding must be kept in a dry, mold-free, friable condition, and replenished, as necessary.
(11)
The total area of all coops or cages on a lot shall not be greater than 120 square feet for up to 16 chickens. Coops and cages, singly or in combination, shall not exceed seven feet in height. Total fenced enclosure area shall not be larger than 10% of the property's rear yard open space.
(12)
Chicken feed or other food used to feed the chickens shall be stored in a rat-proof, fastened container stored within a structure, which shall only be unfastened for the retrieval of food and immediately refastened thereafter.
(13)
The chickens shall be fed only from an approved trough. Scattering food on the ground is prohibited.
(14)
Chickens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and to comply with applicable provisions of both the New York State and Monroe County sanitary codes.
(15)
Chickens shall not be kept in a manner that is injurious or unhealthful to any animals being kept on the property.
(16)
Slaughtering of chickens is prohibited.
(17)
Permit required: A permit application shall be submitted to the Town of Clarkson Building Inspector for approval. Applications shall include:
(18)
Permits are valid for one year from the date of issue. Annual renewals shall require a mandatory inspection of cages, coops, and enclosures. Two or more violations within one calendar year of issue shall result in revocation of permit.
(19)
Fee: A fee schedule shall be established, and changed as needed, by resolution of the Town Board. Such fees may be charged for the issuance of permits, permit renewals and inspections.
§ 140-20 Recreation-Conservation District - RC.
[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:
(a)
Farm uses.
(b)
Summer camps and/or campgrounds.
(d)
Game farms and fishing areas.
(e)
Picnic grounds.
(f)
Riding stables and trail areas.
(g)
Snowmobile trails.
(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.
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.
§ 140-21 Suburban Residential District -- RS-20.
[Amended 6-12-1984 by L.L. No. 2-1984; 9-11-1984 by L.L. No. 4-1984[1]; 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:
(1)
Farm uses.
(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.
(e)
Two-family residences.
(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]
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.
[2]
Side: 10 feet.
[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.
(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.
[2]
Side: 10 feet.
[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.
(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.
[2]
Side: 10 feet.
[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.
(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.
[2]
Side: 10 feet.
[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)
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.
[2]
Side: 10 feet.
[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.
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:
(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.
[1]
Editor's Note: This local law contained a diagram of placement of flag lots on parcels of land. This diagram is on file in the office of the Town Clerk.
§ 140-22 Suburban Residential District - RS-10.
[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; 8-10-2004 by L.L. No. 2-2004[1]; 4-23-2024 by L.L. No. 3-2024]
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.
(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.
(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.
(f)
Dance studios.
C.
Prohibited uses. All uses not expressly or conditionally permitted are prohibited.
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.
[2]
Side: 10 feet.
[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.
(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.
[2]
Side: 10 feet.
[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.
E.
All other regulations of RS-20 Districts shall apply to RS-10 Districts.
[1]
Editor's Note: This local law also redesignated former Subsection C as Subsection D.
§ 140-23 Multiple-residence requirements.
A.
It is the intent of the Town of Clarkson to permit, where appropriate, the construction and development of multiple-family units in the Town. At the same time, 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 single-family residences would appear out of place. Accordingly, special permits shall be considered only upon application for a specific proposal. In reaching its decision on such applications, the Planning Board shall consider the general criteria set forth below, the most current Master Plan for the Town of Clarkson, if any, and this statement of intent.
B.
In accordance with the intent of this section, no project proposal shall be considered for a special permit if the number of multiple-family units of the proposed development, taken together with all the existing and previously approved multiple-family units, will exceed 30% of the total number of dwelling units of all types, both existing and approved, in the Town of Clarkson. Similarly, the multiple-family units, as calculated above, shall not exceed 50% of the total dwelling units within the RS-10 District centered on the Clarkson Corners area.
C.
No project proposal will be considered unless adequate public water supply and sanitary sewers are available.
D.
Dimensional regulations shall be as follows:
(1)
Minimum size of site: one acre. This applies to the total proposal, including platted areas, if any.
(2)
Maximum project size: No single proposal outside of a planned unit development shall encompass over 300 multiple-family units.
(3)
Site coverage: The maximum site coverage by all buildings and structures is 30% of the lot area, such percentage to be calculated on the basis of total project area, regardless of whether or not portions thereof need to be platted for townhouses.
(4)
Maximum building height: 36 feet.
(5)
Yard requirements:
(a)
No building shall be nearer than 70 feet to the street line of any dedicated street peripheral to the site size.
(b)
No building shall be nearer than 30 feet to the street line of any interior project road. In the case of nondedicated streets and roads, this setback shall be measured from the limits of the paved area.
(c)
No building shall be nearer than 40 feet to any interior lot line, other than those lot lines defining an individual unit in a townhouse, if any.
(7)
Building capacity: No single building shall contain more than 12 dwelling units, and at no such time shall there be more than six dwelling units in a row.
[Amended 10-19-1977 by L.L. No. 3-1977]
(8)
Density: The maximum number of dwelling units per gross acre, which acreage includes interior project roads and parking areas, depends upon the specific structural style used. Those multiple residences constructed as a linear series of noncommunicating units with no common hallways or entrances shall be limited to 10 such dwelling units per acre. Apartments constructed in the so-called "garden apartment" style, where units are above one another and have common hallways and/or entrances, shall be limited to 15 such dwelling units per acre.
E.
All multiple-residence areas shall be suitably landscaped, including the provision of vegetation of suitable species and at appropriate levels of maturity in order to screen effectively dissimilar uses from one another, both visually and acoustically, and to protect and enhance the overall quality of the environment.
F.
Every development shall have within it suitable open space available for the use of the residents. As a general rule, 400 square feet of such open space per resident family is an adequate reservation. Development of this open space for passive and/or active recreational uses shall be provided in a manner suitable to the prospective occupants of the development. Area devoted to swimming pools and other such formal recreation areas shall be considered in meeting this requirement. Yard areas may also be so considered as long as access to them is not prohibited by fencing or other means, but parking areas shall not be included in such assessment.
G.
Site plan approval. All multiple-residence developments shall be subject to site plan approval by the Planning Board in accordance with the procedures established in § 140-43. In addition to the general factors to be considered there, the following specific objectives shall be looked for:
(1)
Building spacing and layout. Buildings shall be located so that the privacy of individual units is protected and so that their arrangement creates usable open spaces, avoids monotonous, undifferentiated silhouettes and produces a satisfactory microclimate. In no case shall buildings be any closer to one another than 25 feet.
(2)
Parking areas. Meeting total parking space requirements is, by itself, insufficient, unless the spaces are so distributed as to service the individual units. As a general standard, no resident should have to travel more than 200 feet between his car and door. Parking lots themselves should be kept small and in other ways broken up into smaller units through provision of islands and plantings. Headlights should be prevented from shining into living units by use of effective screening. Maneuvering area for moving vans shall be reasonably provided throughout so as to provide convenient access to the individual units.
(3)
Pedestrian circulation. Sidewalks and pathways should be integrally designed so as to provide safe and convenient access between buildings and between buildings and internal recreation, parking and service areas.
(4)
Any development with only one access road shall have one or more accessways, subject to the approval of the Town of Clarkson Superintendent of Highways, for the use of emergency vehicles.
H.
Floor area. Minimum floor area, exclusive of common area such as hall, foyer and basement utility area, shall be as follows:
[Amended 10-19-1977 by L.L. No. 3-1977]
I.
Recognizing that it is cumbersome and self-defeating, if not impossible, to anticipate all possible design contingencies, both the Planning Board and the Town Board reserve the right to raise any other related questions as may be appropriate in achieving the intent of this section. Similarly, an applicant may present alternative designs for consideration that may exceed some of the numeric limits of other subsections in this section if he can demonstrate that his design solution is in keeping with the intent of this section, requires such deviation to take advantage of a unique feature about the site and will result in a development superior to that which could be achieved within the provisions of this section. Differential economic returns to the developer are irrelevant in such a representation, although provision of needed housing to otherwise economically excluded families is hereby deemed a public purpose worthy of consideration in such a representation.
§ 140-24 Mobile Home District - MH.
A.
The Mobile Home District is established to permit the development of mobile home parks within the Town of Clarkson. It is deemed desirable to limit the number of mobile homes to 10% of the total dwelling units within the Town. During periods of mobile home development activity, the ratio may, at any one time, be as high as 15%. However, once the fifteen-percent limit is reached, no additional permits will be issued until the overall ratio is reduced back to 10% or less.
B.
District limits. Application for a rezoning for a Mobile Home District shall be limited to the RS-20 District north of Gilmore Road. No rezonings shall be granted in the absence of sanitary sewers and public water supply.
C.
Rezoning. Rezonings will be made subject to the provisions of the Mobile Home Park Ordinance of the Town of Clarkson, only upon application for specific projects.
§ 140-25 Clarkson Historical Overlay District.
A.
Intent. Inasmuch as the Town of Clarkson has the good fortune to have within its limits a unique concentration of homes and other structures of distinctive architectural value, and the preservation of these features for the enjoyment and education of all residents, present and future, is in the best interests of the community and supportive of the public welfare, it is the intent of the Town Board to take affirmative action to preserve these structures as active buildings for the full use and enjoyment of their owners while ensuring the maintenance of those features of the building that make them noteworthy. It is the further intent of this section to ensure that development of the immediate surroundings of this district does not become inimical to these interests.
B.
Limits of the district shall be as follows:
(1)
On the north side of Ridge Road from the westerly property line of Parcel No. 404-700 to the easterly property line of Parcel No. 376-500, and for a depth of 400 feet from the street line of Ridge Road.
(2)
On the south side of Ridge Road from the westerly property line of Parcel No. 324 to the easterly property line of Parcel No. 305, and for a depth of 400 feet from the street line of Ridge Road.
(3)
On the west side of Lake Road from a southerly property line of Parcel No. 134-500 to the southerly street line of Ridge Road, and for a depth of 400 feet from the street line of Lake Road.
(4)
Other properties may be included upon recommendation of the Architectural Review Board and approval of the Clarkson Town Board after public hearing.
[Amended 8-11-1987 by L.L. No. 2-1987]
C.
Uses permitted. This section does not in any way alter the permitted uses established by the zoning district in which the properties in question are situated.
D.
Architectural Review Board.
[Amended 1-28-1986 by L.L. No. 2-1986; 9-14-1998 by L.L. No. 6-1998; 3-13-2001 by L.L. No. 2-2001]
(1)
Regular members. In order to implement the provisions of this section, there is hereby created an Architectural Review Board of three persons, one of whom must be a resident of the district itself. Members of the Board must be residents of Clarkson. The members shall be appointed by the Town Board for a period of three years, except that the terms of the first appointees shall be staggered so that no more than one new appointment need be made in any year. Members may be reappointed if the Town Board so desires. The Town Board shall, by resolution, designate the Chairperson of the Architectural Review Board. In the absence of a Chairperson, the Architectural Review Board may designate a member to serve as Chairperson.
(2)
Alternate members. The Town Board may, in its discretion, appoint one alternate member who shall serve at the call of the Chairperson in the event that another member cannot participate in a decision because of illness, resignation, conflict of interest or other absence. Said alternate member shall be a resident of the Town of Clarkson.
(3)
Licensed architect. The Town Board shall appoint a licensed architect who shall be consulted by the Board with respect to applications. The architect need not be a resident of the Town of Clarkson. The Architectural Review Board shall refer all applications to the architect for review.
E.
Classes of buildings within the district. The first task of the Architectural Review Board shall be to categorize all buildings lying within the district into one or two classes: Class I buildings are those that are themselves worthy of preservation, in whole or in part, due to certain features of the building itself; Class II buildings are all other buildings in the district. In addition, the Architectural Review Board shall document those features about Class I buildings that place them in that category.
F.
Zoning permits.
[Amended 8-11-1987 by L.L. No. 2-1987]
(1)
Upon application to the Zoning Officer for a zoning permit for property within the district, the application will be referred by the Zoning Officer to the Architectural Review Board. The Board may request of the applicant any additional drawings, plans or other data necessary to carry out the intent of this section. The Zoning Officer shall not issue any zoning permits without the approval of the Architectural Review Board.
(2)
The Architectural Review Board shall, within 35 days of receipt of all requested information and exhibits, approve, modify or disapprove the application. The grounds for said approval, modification or disapproval shall be:
(a)
For Class I buildings, the preservation and/or enhancement of those features described in the historical inventory established under § 140-25E.
(b)
For Class II buildings, an architectural design and site plan that is in keeping with the architectural style of adjacent Class I buildings and will in no way detract from their value.
(3)
Setbacks for reconstruction of existing or destroyed buildings.
[Added 5-8-2007 by L.L. No. 3-2007]
(a)
Where an application is made to reconstruct an existing structure or a structure previously existing which was destroyed by fire or other cause, the preexisting setback may be continued even if it less than that otherwise required unless such setback would violate a provision of the New York State building and construction law.
(b)
A permit to rebuild a structure which has been destroyed by fire or other cause must be made within one year from the time that the structure was destroyed. After one year, the applicant will be referred to the Zoning Board of Appeals.
G.
Adjacent properties. Applications for zoning permits on properties adjacent to the district for construction of buildings that will be visible from the district will also be referred to the Architectural Review Board for approval. In reviewing such applications, the Architectural Review Board will not necessarily concern itself with style, but rather with bulk and mass, and will employ the general criteria of § 140-25F(2)(b). Style would be germane if, in the opinion of the Architectural Review Board, it were such a disparate nature as to actually work against the intent of this section.
[Amended 8-11-1987 by L.L. No. 2-1987]
H.
Procedure.
[Added 9-14-1998 by L.L. No. 6-1998[1]]
(1)
Upon receipt of an application for a zoning permit in the district, the Zoning Officer shall immediately notify the Chairman of the Architectural Review Board.
(2)
The Chairman shall then call a meeting of the Architectural Review Board to be held within 10 days upon written notice to all members. Should all members and the applicant concur, the ten-day requirement may be waived.
(3)
All meetings of the Architectural Review Board shall be open to the public subject to the provisions of the Public Officers Law.
(4)
The applicant shall be notified by first-class mail of all meetings of the Architectural Review Board at which its project will be discussed.
(5)
The Architectural Review Board shall be subject to the rules and regulations of the State Environmental Quality Review Act and shall seek guidance from the Conservation Board prior to any decision.
(6)
A quorum of two members of the Architectural Review Board shall be required to conduct business. In order for a motion to carry, either in favor or against, there must be at least two votes cast either for or against. It shall not be necessary for a member or alternate member to have been present at all sessions regarding an application to cast a vote, but the person voting should review all previous notes of the meetings in arriving at a decision.
[Amended 3-13-2001 by L.L. No. 2-2001]
(7)
The Board shall issue its decision within 35 days after the receipt of the complete application. Each and every decision shall include findings of fact which support the decision of the Board. Failure of the Board to issue its decision within this thirty-five-day time period shall result in the application being approved by default.
I.
Appeals. Decisions of the Architectural Review Board may be appealed to the Zoning Board of Appeals in the form of a variance. Variances by the Board of Appeals may be granted only upon findings of fact contrary to those of the Architectural Review Board.
§ 140-25.1 High-Density Single-Family Residential District - RHD.
[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.
E.
Regulations for single-family homes in the RHD District:
(1)
Building requirements.
(2)
Site requirements.
(a)
Minimum project size: five acres.
(b)
Minimum lot area: 9,000 square feet.
(c)
Minimum width: 60 feet.
(d)
Minimum depth: 150 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.
§ 140-26 Average-density development.
A.
Purpose.
(1)
The purpose of this section is to permit variation in lot size and housing type in suitable areas in order to encourage flexibility of design, to enable such land to be developed in such a manner as to promote its most appropriate use, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open space, in accordance with § 278 of the New York State Town Law.
[Amended 11-23-1999 by L.L. No. 3-1999]
(2)
This purpose is achieved by permitting lot sizes to be reduced in a subdivision tract if:
B.
General conditions and requirements.
(1)
If a subdivider makes written application to the Planning Board for the use of this procedure, the Planning Board is hereby empowered to implement these provisions at its discretion if, in the Board's judgment, their application at the particular location is desirable and would contribute to the general well-being of the neighborhood and community and would benefit the Town.
(2)
The minimum area required to qualify for this procedure shall be 10 contiguous acres of land.
(3)
This procedure applies only to residentially-zoned land.
(4)
In addition to the foregoing, an average-density development subdivision plat may be approved only if the Planning Board determines:
(a)
That such development will not be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property or improvements within its proximity.
(b)
That the proposed development is in conformity with the objectives of the Master Plan.
(c)
That the gross density will be no greater than if the tract were developed in accordance with the existing zoning requirements.
(5)
The subdivider shall dedicate for open space purposes the same percentage of the entire tract as that by which the lot area has, on the average, been reduced.
(6)
The area dedicated for open space purposes, including playgrounds and parks, shall be in a location and shape approved by the Planning Board.
C.
Specific requirements. Any subdivision plat considered under this procedure shall conform to the following standards, which are to be regarded as minimum requirements:
(1)
For the purpose of administering this regulation, the following method shall be used for determining the maximum number of dwelling units that shall be permitted in an average-density development:
(a)
Determine the total area, in acres, of the proposed subdivision. For the purpose of this section, the term "total area" shall include all the land within the proposed subdivision that is intended and usable for the following purposes: residences, playgrounds, neighborhood parks, interior streets and reserved open space, including easements for natural watercourses if these meet the open space standards set forth in Subsection C(3) hereof.
(b)
Multiply the total area, in acres, as defined in Subsection C(1)(a) above, by the permitted density (units per acre) in the district. If more than one district is involved, determine the total area in each of the individual districts, multiply each total area (acres) by the permitted density (units per acre) appropriate to each district and sum the individual multiplications. The product or sum of products thus obtained represents the maximum number of dwelling units which may be permitted in a subdivision being considered under these provisions.
[Amended 8-11-1987 by L.L. No. 2-1987]
(2)
The sizes of lots in an average-density development may vary from the normal requirements of the district dimensions, but no lot dimension or area requirement of the district shall be reduced by more than 50% without the express consent of the Town Board.
(3)
Land reserved for open space shall, in the judgment of the Planning Board, be of a character and location suitable for whatever open space purposes the land shall primarily be reserved for, such as natural areas, wildlife preserves, conservation areas, outdoor recreation sites, neighborhood parks, nature centers, wetlands, memorial forests, natural watercourses or other open space uses. The Planning Board may require that the open space be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. Reserved open space shall not be narrower than 200 feet, except where necessary to provide a pathway or other means of access. An easement for a natural watercourse dedicated to the Town may be considered as open space for the purpose of this regulation if such easement is at least 200 feet wide.