Clay City Zoning Code
ARTICLE III
Zone Districts
§ 230-12 Establishment; Zoning Map; boundaries.
A.
Conventional zone districts. For the purposes of this code, the Town of Clay is divided into the following conventional zoning districts (an area where lots, structures and uses are uniformly regulated to fulfill a common purpose):
[Amended 3-1-2010 by L.L. No. 1-2010]
Section 230-13, Residential Districts | ||
RA-100 Residential Agricultural | ||
R-40 One-Family Residential | ||
R-15 One-Family Residential | ||
R-10 One-Family Residential | ||
R-7.5 One-Family Residential | ||
R-2F Two-Family Residential | ||
R-TH Townhouse | ||
R-Apt Apartment | ||
R-MHC Mobile Home Court | ||
LuR Limited Use for Riverfront | ||
R-SR Senior Residence District | ||
Section 230-14, Recreation Districts | ||
Rec-1 Recreation | ||
Section 230-15, Office Districts | ||
O-1 Neighborhood Office | ||
O-2 Office | ||
Section 230-16, Commercial Districts | ||
NC-1 Neighborhood Commercial | ||
HC-1 Highway Commercial | ||
RC-1 Regional Commercial | ||
LuC-1 Limited Use for Gasoline Services | ||
LuC-2 Limited Use for Restaurants | ||
Section 230-17, Industrial Districts | ||
I-1 Industrial 1 | ||
I-2 Industrial 2 | ||
S-1 Special Use | ||
B.
Specialized districts. This code provides for a district(s) that afford both greater flexibility for development and oversight by the Town. Such districts, when established by the Town, would be used as an alternative to a conventional district.
Section 230-18, Special Districts | ||
PDD Planned Development District | ||
GOV Government Controlled Land (indicated on Zoning Map for information - zone district is RA-100) | ||
C.
Overlay districts. An overlay district is a form of zone district which imposes additional regulations for specific purposes, such as historic preservation, flooding, parking or other concerns, and may be established at the discretion of the Town Board pursuant to § 230-24C, Zoning amendments, of this code. Overlay districts establish controls that are superimposed upon, and are in addition to, the existing zone district regulations affecting land use and structure.
Section 230-19, Overlay Districts | ||
HOV Highway | ||
AFH Airport Flight Hazard | ||
Gas Trans Gas Transmission | ||
D.
Zoning Map. The location and boundaries of each zoning district are shown on the map entitled "Town of Clay Zoning Map," certified by the Town Clerk, on file in Town Hall, and which is hereby declared to be a part of this chapter.
E.
Interpretation of district boundaries. When uncertainty exists with respect to the boundaries of any district as shown on the Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following mapped lot lines shall be construed as following such lot lines. Tax maps, maintained for assessment purposes, shall be a primary source for determining the identification of a parcel, its size, location and boundaries. Unless specifically changed by the Town, zone district designations shall apply to any successor lots created subsequent to a Zoning Map amendment.
(2)
Boundaries indicated as approximately following the center lines of streets shall be construed to follow such center lines.
(3)
Boundaries indicated as following shorelines of streams and lakes shall be construed to follow such shorelines, and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.
(4)
Boundaries indicated as approximately following the corporate boundaries of the Town of Clay shall be construed as following such corporate boundaries.
(5)
Boundaries indicated as parallel to, or extensions of, physical or political features indicated in Subsection E(1) through (4) above shall be so interpreted as parallel or extensions. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map or a description of boundaries, if available, adopted by the Town Board.
(6)
Where a district boundary line divides a lot existing at the time of adoption of this chapter, the regulations of the applicable districts shall apply to the respective portions of the lot.
(7)
All land within the Town shall have a zone district designation. If, for any reason, a lot appears on the Zoning Map to be without any designation, then it shall be considered to be within the RA-100 Zone District.
(8)
The Office of the Commissioner of Planning and Development shall determine the location of zone district boundaries. Any challenge of that office's determination may be brought by any aggrieved party to the Zoning Board of Appeals for an interpretation.
F.
Organization of conventional zone district texts. Each conventional zone district is divided into the following parts:
(1)
Intent statement (in italics) that provides general guidance and is not enforceable.
(2)
Allowable uses that list individual land uses by name and assigns each to a Town review procedure.
(3)
Lot and structure dimensional requirements in a schedule format, indicating numerical type requirements for activities and structures related to the allowed land uses.
(4)
Supplemental district design standards (not in all districts) that indicate numerical or review requirements for some specialized condition.
(5)
Cross-references (as an aid to users) to other sections of the Zoning Code that may be helpful or are commonly applicable.
G.
Dimensional requirement groupings or categories. In specific zone districts, more than one set of dimensional standards may be established to account for the variety of allowable land uses. Determination of a category for any individual land use shall be made by the Commissioner of Planning and Development. The groupings of dimensional requirements were organized according to following:
(1)
No category indicated. When no separate group or category is indicated, all uses within the district are subject to the same dimensional standards. (Some land uses may be subject to additional site plan or special permit standards.)
(2)
Residential: all land uses where a dwelling unit is the principal activity (includes one-, two-, and multiple-family dwellings, apartments and townhouses and manufactured homes).
(3)
Nonresidential: land uses that are commonly considered supportive of or associated with residential areas, but have no dwelling units. (Examples include schools, religious institutions, and community centers.)
(4)
Agricultural: land uses involved with a farm, as defined in this code, or use engaged in a similar activity. (Examples include farms, farm stands, commercial greenhouses or nurseries.)
(5)
Commercial: land uses engaged in retail, office activity. (Examples include retail uses, office buildings, medical offices, and shopping centers.)
(6)
Industrial: land uses involved with production, storage and distribution. (Examples include warehouses, manufacturing, and truck terminals.)
§ 230-13 Residential districts.
Every proposed residential subdivision shall provide a park and recreation area not less than 2,000 square feet per lot or, in the discretion of the Planning Board, a sum as provided in Chapter 105, Fees, in lieu thereof.
A.
RA-100 Residential Agricultural District (based on A-1).
(1)
Intent. The intent of this district is to accommodate agricultural activities, to provide a setting for low-density family dwellings, and supportive nonresidential development in areas of the Town that are unlikely to be served by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations, see sections noted:
(4)
RA-100 lot and structure dimensional requirements.
Residential | Nonresidential | Agricultural | |||
|---|---|---|---|---|---|
Lot | |||||
Area, minimum | 100,000 sq. ft. | 5 acres | 10 acres | ||
Width, minimum | 250 ft. | 125 ft. | 500 ft. | ||
Coverage, maximum building | n/a (%) | n/a (%) | n/a (%) | ||
Coverage, maximum total | n/a (%) | n/a (%) | n/a (%) | ||
Principal structure and attached accessory structures | |||||
Front yard minimum | 75 ft. | 100 ft. | 75 ft. | ||
Side yard minimum | 25 ft. | 50 ft. | Greater of 25 ft. or 1.5 times the height | ||
Rear yard minimum | 25 ft. | 50 ft. | Greater of 25 ft. or 1.5 times the height | ||
Maximum height | 35 ft. | 50 ft. | 60 ft. | ||
Maximum gross floor area | n/a (sq. ft.) | n/a (sq. ft.) | n/a (sq. ft.) | ||
Maximum number of floors | n/a | n/a | n/a | ||
Accessory structures: detached, greater than 100 sq. ft. | |||||
Front yard minimum | 75 ft. | 100 ft. | 75 ft. | ||
Side yard setback | 25 ft. | 25 ft. | Greater of 25 ft. or 1.5 times the height | ||
Rear yard setback | 25 ft. | 25 ft. | Greater of 25 ft. or 1.5 times the height | ||
Maximum height | 25 ft. | 25 ft. | 60 ft. | ||
(5)
RA-100 supplemental district design standards.
(a)
Perimeter landscape strip (feet): n/a.
(b)
Additional setback abutting residential district (feet): n/a.
(c)
Structure design, scale and materials. Subject to designated board review, shall reflect and be sympathetic to the existing or planned character of residential structures in the surrounding area.
(6)
RA-100 special provisions: large lot, one-family dwelling. Any one-family dwelling maintained on a lot five acres or greater shall be eligible to use or maintain:
(a)
A portion of the lot for raising agricultural products, except livestock, for personal consumption or commercial purposes.
(b)
A seasonal farm stand, subject to ZBA special permit approval.
(c)
Accessory farm structures subject to residential lot and structure dimensional standards.
(d)
Agricultural livestock, such as personal food sources or pets.
B.
R-40 One-Family Residential District (formerly R-1B).
(1)
Intent. The purpose of this district is to allow lower-density, single-family uses and supportive nonresidential development within the portions of the Town that are not served by public sewers.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
C.
R-15 One-Family Residential District (formerly R-1A).
(1)
Intent. The intent of this district is to permit moderate-density, single-family and supportive nonresidential development on sites in the Town served by both public water and sewer.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
D.
R-10 One-Family Residential District (formerly R-1).
(1)
Intent. This district is intended to permit higher density, single-family uses and supportive nonresidential development on sites in the Town served by both public water and sewer.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
E.
R-7.5 One-Family Residential District (formerly R-2).
(1)
Intent. The intent of this district is to preserve existing high-density, single-family uses and supportive nonresidential development in areas served by both public water and sewers. This district may be applied, only in such cases, where it is demonstrated that the development density is compatible and appropriate to the affected lands and the surrounding neighborhoods.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
F.
R-2F Two-Family Residential District (formerly R-3).
(1)
Intent. The intent of this district is to permit single- and two-family dwellings and supportive nonresidential development on sites served by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
G.
R-TH Townhouse District (formerly R-5).
(1)
Intent. The intent of this district is to permit residential and supportive nonresidential development on sites in townhouse arrangements served by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
H.
R-APT Apartment District (formerly R-4).
(1)
Intent. The intent of this district is to permit multiple-family residential and supportive nonresidential development on sites served by both public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
R-Apt residential lot and structure dimensional requirements.
(a)
Lot.
One-Bedroom Apartment | Two-Bedroom Apartment | Three-Bedroom Apartment | ||
|---|---|---|---|---|
Area, minimum per dwelling unit (based on calculation of density, parking, yards, etc.) | 6,000 sq. ft. | 6,750 sq. ft. | 7,500 sq. ft. | |
Width, minimum (ft.) | n/a | |||
Depth, minimum (ft.) | n/a | |||
Coverage, maximum (%) | n/a | |||
I.
R-MHC Mobile Home Court District (formerly T-2).
(1)
Intent. This district accommodates an organized and managed grouping of individual mobile home units in portions of the Town served by public water and sewers.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
R-MHC residential lot and structure dimensional requirements.
(a)
Site requirements.
[1]
Minimum parcel size for development: capacity for at least 100 mobile home units meeting all applicable requirements of this code.
[2]
Minimum gross land area/mobile home unit: 7,000 square feet/unit.
[3]
Minimum portion of gross land area as an on-site recreation area: not less than 700 square feet/unit.
(b)
For purposes of interpretation and enforcement, leased land areas established for occupancy by dwelling units shall be considered a lot as defined in this code. Any applicable dimensional standards shall apply to both principal and accessory structures.
J.
LuR Limited Use for Riverfront (formerly T-3).
(1)
Intent. It is the intent to maintain in this district the quality of environment generally associated with small, narrow riverfront lots improved with one-family dwellings. This district is intended to accommodate the community needs, particularly of those riverfront areas or tracts which were created by default through the temporary occupancy permit system of the State of New York and, later on, from grants of these lots to the permit holders. For purposes of illustration of such intent, reference is made to the "Brewerton South Shore Tract," as more fully shown on a boundary survey map made by Richard J. Chiesa, licensed land surveyor, filed in the Onondaga County Clerk's office on June 11, 1984, as Map No. 6179, consisting of three sheets.
(2)
Uses permitted:
(a)
One-family dwelling, provided that each lot shall have river frontage.
(b)
Not more than one dwelling structure shall be permitted on a single lot at any time.
(c)
Accessory structures limited to: boat dock, waterfront deck, single-car garage and one accessory building not to exceed 100 square feet.
(4)
Lot sizes and yards. Every lot shall meet the following minimum requirements:
K.
R-SR Senior Residence District.
[Added 3-1-2010 by L.L. No. 1-2010]
(1)
Intent. Due to the growth of the senior citizen population in the Town it is the intent to create a zone which accommodates persons', who are age 55 and above, particular living needs, as opposed to the population at large. These districts will differ from traditional residential districts in terms of allowing mixed land uses; small office and retail support services; handicapped, social, recreational and medical facilities orientated to this age group and specialized parking requirements. They may be for citizens with lower incomes or built as market-rate housing, or a mixture of both. It is intended to allow both single-family and multifamily units within the same zone. Such development shall occur on sites served by both public water and sewers.
[Amended 5-20-2019 by L.L. No. 2-2019]
(2)
Recording requirement. In order to provide adequate notice to tenants, the public and subsequent owners of the property regarding the applicable age restriction and other Town rules related to this Subsection K, the filing of an approved covenant or other notice in the office of the County Clerk in the property chain of title shall be required prior to the issuance of a building permit. The form and content of a proposed covenant or notice shall be approved by the Town prior to a final determination. The applicant/owner must provide the Town with proof of recording in the form of a filing receipt prior to obtaining a building permit.
(3)
Uses allowed.
(b)
Planning Board site plan approval:
[1]
Senior housing development.
[2]
Senior citizen facility.
[3]
Affordable senior citizen facility.
[4]
Senior community center.
[5]
Nursing home/senior assisted-living facility. (No more than 30% of the total dwelling units shall be for any combination of these purposes.)
[6]
Senior day-care facility.
[7]
Senior independent-living facility.
(d)
ZBA special permit approval and optional advisory referral to the Planning Board:
[1]
Home occupation.
(e)
Town Board special permit approval and optional advisory referral to the Planning Board:
[1]
Senior support services greater than 2,000 square feet and less than 3,500 square feet per usage {together with Subsection K(3)(c)[2] above not to exceed 10% of the total habitable square feet}.
(4)
Cross-reference to other commonly used regulations; see sections noted:
(5)
R-SR residential lot and structure dimensional requirements.
(a)
Lot: Each project shall have a minimum of five buildable acres and 100 feet road frontage.
(c)
Multiple-family dwelling.
[2]
Principal structure and attached accessory structures (no habitable space below grade/ground surface, structures must have peaked roof).
(6)
R-SR supplemental district design standards.
(a)
Perimeter landscape strip (nonresidential/senior support services only): 25 feet.
(b)
Lot and structure design, scale, and materials: subject to site plan review.
(c)
Multiple buildings on one lot. More than one principal land use and/or principal structure is permitted in this district, subject, if applicable, to subdivision review and to site plan review for each lot development.
§ 230-14 Recreation districts.
Architectural review standards. The design, construction and materials of all structures in this district shall demonstrate compatibility to adjacent residential developments. Such factors may include architectural style of the building and its massing, roofline, exterior facade materials, color of materials, windows, doors and service areas and other aspects of the building design.
A.
Rec-1 Recreation District (based on C-9).
(1)
Intent. The intent of this District is to preserve and enhance the quality of existing or planned residential areas. It allows for a variety of community and recreational uses to serve the needs of the residents of the Town. Uses and structures within this District shall emphasize the scale and design of any proposed uses to ensure compatibility with existing or planned residential development.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a building permit: (reserved)
(b)
Planning Board site plan approval:
[1]
School.
[2]
Day-care center.
[3]
Religious institution.
[4]
Library.
[5]
Community center.
[6]
Outdoor recreation - participant.
[7]
Outdoor recreation - spectator.
[8]
Indoor recreation - participant.
[9]
Indoor recreation - spectator.
[10]
Secondary use (retail, restaurant, etc.).
[11]
Marina, private.
[12]
Marina, public.
[13]
Instructional facility.
[14]
Park/playground (private).
(c)
Planning Board special permit approval: (reserved)
(d)
ZBA special permit approval and optional advisory referral to the Planning Board: (reserved)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
Rec-1 supplemental district design standards.
§ 230-15 Office districts.
Architectural review standards. The design, construction and materials of all structures in this district shall demonstrate compatibility to adjacent residential developments. Such factors may include architectural style of the building and its massing, roofline, exterior facade materials, color of materials, windows, doors and service areas and other aspects of the building design.
A.
O-1 Neighborhood Office District (based on R-6).
(1)
Intent. The intent of this district is to preserve the existing residential quality of the surrounding area while permitting alternative and compatible office development on selected sites that may not be suitable for residential use. This district shall emphasize the scale and design of any proposed office uses to ensure compatibility with existing or planned residential development.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a building permit: (reserved)
(d)
ZBA special permit approval and optional advisory referral to the Planning Board: (reserved)[1]
[1]
Editor's Note: Former Subsection A(2)(e), regarding Town Board special permit approval and optional advisory referral to the Planning Board, which immediately followed, was repealed 10-1-2007 by L.L. No. 6-2007.
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
O-1 lot and structure dimensional requirements.
(5)
O-1 supplemental district design standards.
B.
O-2 Office (based on C-1 and R-7).
(1)
Intent. The intent of this district is to preserve the existing residential quality along portions of major roads within the Town. It shall also respect the general character of the surrounding area while permitting alternative and compatible office development on selected sites that are not suitable for residential use. This district shall emphasize the scale and design of any proposed office uses to ensure compatibility with existing or planned residential development.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a building permit: (reserved)
(d)
ZBA special permit approval and optional advisory referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional advisory referral to the Planning Board:
[1]
Emergency vehicle station.
[2]
Bank/credit union.
[3]
Medical office.
[4]
Drive-in service.[2]
[2]
Editor's Note: Former Subsection B(2)(e)[4], instructional facility, was repealed 10-1-2007 by L.L. No. 6-2007. The local law also redesignated Subsections B(2)(e)[5] and [6] as Subsections B(2)(e)[4] and [5], respectively.
[5]
Secondary use.
(3)
Cross-reference to other commonly used regulations; see sections noted:
(5)
O-2 supplemental district design standards.
(a)
Perimeter landscape strip: 15 feet.
(b)
Additional setback where abutting residential district: 25 feet.
(c)
Structure design, scale and materials: subject to site plan review; shall reflect and be sympathetic to the existing or planned character of residential structures in the surrounding area.
(d)
Office parks and multiple buildings on one lot. More than one principal land use and/or principal structure is permitted in this district, subject, if applicable, to subdivision review and to site plan review for each lot development.
§ 230-16 Commercial districts.
Architectural review standards. The design, construction and materials of all structures in this district shall demonstrate compatibility to adjacent residential developments. Such factors may include architectural style of the building and its massing, roofline, exterior facade materials, color of materials, windows, doors and service areas and other aspects of the building design.
A.
NC-1 Neighborhood Commercial District (based on C-2).
(1)
Intent. It is the intent to maintain in NC-1 Districts the quality of environment that is usually found in areas of commercial use often located near residential neighborhoods. The intensity and scale of the uses, lots and structures are intended to be compatible to nearby residential areas. Compatibility of site development shall be enhanced by encouraging adequate provisions for landscaped open space, attractive architecture and other amenities.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
NC-1 supplemental district design standards.
(a)
Perimeter landscape strip: 10 feet.
(b)
Additional setback where abutting residential district: 25 feet.
(c)
Lot and structure design, scale and materials: subject to site plan review; shall reflect and be consistent with the existing or planned character of the surrounding area.
(d)
Multiple buildings on one lot. More than one principal land use and/or principal structure is permitted in this district, subject, if applicable, to subdivision review and to site plan review for each lot development.
B.
HC-1 Highway Commercial (based on C-2).
(1)
Intent.
(a)
It is the intent to maintain in this district the quality of environment that is usually found in areas of commercial use often located near, but generally not immediately adjacent to, residential neighborhoods. The intensity and scale of the uses, lots and structures are intended to be commensurate to moderately concentrated business areas.
(b)
Development in these districts should be designed so as to be compatible with the general characteristics which exist or are to be expected in the nearby neighborhoods, such as open space, green areas, landscaping and architecture.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a building permit: (reserved)
(b)
Planning Board site plan approval:
[1]
Retail use.
[2]
Personal service use.
[3]
Office building.
[4]
Bank/credit union.
[5]
Theater, indoor.
[6]
Shopping center.
[7]
Public self-storage facility.
[8]
Medical office.
[9]
Outdoor retail sales and service.
[10]
Day-care center.
[Added 3-20-2006 by L.L. No. 3-2006]
[11]
Instructional facility.
[Added 10-1-2007 by L.L. No. 6-2007]
(d)
ZBA special permit approval and optional advisory referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional advisory referral to the Planning Board:
[1]
Emergency vehicle station.
[2]
Restaurant.
[3]
Automobile car wash facility.
[4]
Motor vehicle service.
[Amended 4-5-2010 by L.L. No. 3-2010]
[6]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[7]
Drive-in service.
[8]
Hotel/motel.
[9]
Veterinary care facility.
[10]
Indoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[11]
Indoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[12]
Outdoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[13]
Outdoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[14]
Motor vehicle sales (limited).
[Added 3-5-2012 by L.L. No. 1-2012]
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
HC-1 supplemental district design standards.
(a)
Perimeter landscape strip: 20 feet.
(b)
Additional setback where abutting residential district: 30 feet.
(c)
Lot and structure design, scale and materials: subject to site plan review; shall reflect and be consistent with the existing or planned character of the surrounding area.
(d)
Multiple buildings on one lot. More than one principal land use and/or principal structure is permitted in this district, subject, if applicable, to subdivision review and to site plan review for each lot development.
C.
RC-1 Regional Commercial (based on C-3, -5, -7 and -10).
(1)
Intent. This district is intended to allow for diverse, large-scale commercial development of potentially multiple lots, structures and uses arranged in a planned and coordinated manner. Such development shall be treated as a unified development maintaining coordinated site management of shared parking, signage and similar site improvements. This district shall emphasize design to ensure compatibility with adjoining properties, land uses, public facilities and environmental features and, therefore, each shopping center complex shall conform to both district and individual lot development standards.
(2)
Uses allowed:
(a)
Office of Planning and Development issuing a building permit: (reserved)
(b)
Planning Board site plan approval:
[1]
Shopping center.
[2]
Retail use.
[3]
Personal service use.
[4]
Office building.
[5]
Bank/credit union.
[6]
Restaurant.
[7]
Theater, indoor.
[8]
Motel/hotel.
[9]
Medical office.
[10]
Hospital/clinic.
[11]
Nursing home/assisted-living facility.
[12]
Public self-storage facility.
[13]
Outdoor retail sales and service.
[14]
Veterinary care facility.
[15]
Day-care center.
[Added 3-20-2006 by L.L. No. 3-2006]
[16]
Instructional facility.
[Added 10-1-2007 by L.L. No. 6-2007]
(c)
Planning Board special permit approval: (reserved)
(d)
ZBA special permit approval and optional advisory referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional advisory referral to the Planning Board:
[1]
Emergency vehicle station.
[2]
Drive-in service.
[3]
Automobile car wash facility.
[4]
Motor vehicle service.
[Amended 4-5-2010 by L.L. No. 3-2010
[6]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[7]
Gasoline service station.
[8]
Nightclub/dance hall.
[9]
Indoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[10]
Indoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[11]
Outdoor recreation: participant.
[Added 12-19-2011 by L.L. No. 4-2011]
[12]
Outdoor recreation: spectator.
[Added 12-19-2011 by L.L. No. 4-2011]
[13]
Motor vehicle sales (limited).
[Added 3-5-2012 by L.L. No. 1-2012]
[14]
Animal care/training facility.
[Added 7-17-2023 by L.L. No. 3-2023]
[15]
E-commerce or delivery use.
[Added 6-20-2023 by L.L. No. 2-2023]
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
RC-1 lot and structure dimensional requirements.
(a)
RC site.
[1]
The following site requirements shall supersede and override any of the following individual lot or structure requirements and shall collectively apply to all lots within the complex:
[2]
Required yards for an RC site shall apply to all principal uses and structures within the RC site. These yards are determined in the same manner as yards for an individual lot. These yards shall include within the same space any perimeter landscape strip required above. These site requirements shall apply to RC sites occupied by a single principal use or multiple principal uses.
(5)
(6)
RC-1 supplemental district design standards.
(a)
Individual lot perimeter landscape strip: subject to site plan review.
(b)
Additional setback where abutting residential district (feet): n/a.
(c)
Lot and structure design, scale and materials: subject to site plan review.
(d)
Multiple principal uses or structures are permitted, subject to site plan and/or subdivision review, if applicable.
D.
LuC-1 Limited Use District for Gasoline Services (based on C-4).
(1)
Intent. The intent of this district is to augment the uses of existing or planned general commercial districts with the enumerated limited uses. In this district, it allows for the inclusion of motor vehicle and gasoline service facilities to serve the residents, employees and customers of surrounding residential neighborhoods or business areas.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
LuC-1 supplemental district design standards.
E.
LuC-2 Limited Use District for Restaurants (based on C-8).
(1)
Intent. The intent of this district is augment the uses of existing or planned general commercial districts with the enumerated limited uses. This district is to allow for restaurant land uses on sites that afford adequate parking, storage and related facilities in a manner that is compatible with the existing or planned character of surrounding commercial or industrial land uses and with minimal or no adverse effect upon public facilities and environmental features.
(2)
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
LuC-2 supplemental district design standards.
§ 230-17 Industrial districts.
Introduction. The industrial districts are for those areas of the Town that are found to be suitable for heavy commercial and/or industrial activities. These activities comprise land uses and structures that are engaged in the large-scale production or processing of raw materials; the transformation of materials from one form to another; the handling, storage or production of significant quantities of potentially hazardous or objectionable materials, and/or the use of dangerous or obnoxious processes used in the production or handling of materials. All of these activities are expected to require good access to transportation routes, extra attention for fire and emergency services, and may require specialized water or sanitary sewage services. The districts are generally ordered in increasing level of intensity. Industrial District 1 is for lowest intensity types of industrial land uses, those that operate within enclosed structures and are least likely to have adverse impacts beyond their individual properties. Industrial 2 is for moderate-intensity land uses that may have exterior activity, will tend to be larger in scale and may have more objectionable characteristics requiring more monitoring and mitigation measures. The S-1 Special Uses District is for high-intensity land uses that may employ unique processes or materials which need to be sensitively placed within the Town.
A.
Performance standards for all industrial districts.
(1)
Noise. No land use activity shall emit noises measured at the property lines of the subject property exceeding 70 decibels between 6:00 a.m. and 10:00 p.m., or 60 decibels between 10:00 p.m. and 6:00 a.m. These maximum sound levels may be intermittently exceeded by not more than seven decibels for a maximum of six minutes during any sixty-minute period. Any land use activity on property that is entirely or partially within 500 feet of a Residential Zone District shall be subject to the more restrictive noise standards of either this section or of the Town of Clay Code, Chapter 152. Land use activities in Industrial II (I2) zones are specifically exempt from the more restrictive noise standard, but still must comply with the industrial noise standards contained in this Code.
[Amended 9-16-2024 by L.L. No. 2-2024]
(2)
Vibration. No land use activity shall emit intermittently, or, as a result of normal operations, any vibration that creates an unreasonable displacement as determined at the property lines of the subject property by the Commissioner.
(3)
Dust and dirt. No land use activity shall emit quantities of soot, cinders or fly ash measured at the emitting source, in excess of the more restrictive current standard of either the United States Environmental Protection Agency (EPA) or NYS Department of Environmental Conservation (NYSDEC). Other kinds of dust, dirt and other particulate matter shall not exceed any applicable emission standards established by either by EPA or NYSDEC. There shall be no dust and/or dirt generated by any other sources related to the land use activity as observed by the Commissioner crossing the property lines of the subject property.
(4)
Smoke. No land use activity shall emit smoke, measured at the emitting source, in excess of the more restrictive current standard of either the United States Environmental Protection Agency (EPA), US Bureau of Mines or NYS Department of Environmental Conservation (NYSDEC), as observed by the Commissioner.
(5)
Noxious gases. No land use activity shall emit such quantities of noxious acids, fumes, or gases in such manner and concentration as to endanger the health or safety of any person, or to cause or have a tendency to cause injury or damage to property, business or vegetation.
(6)
Odor. No land use activity shall emit any odor at the property lines that is unreasonably offensive, as determined by the Commissioner.
(7)
Lighting and glare. No land use activity shall illuminate its property or engage in processes that emit direct or reflected glare that is determined by the Commissioner to be unreasonably intense or offensive when visible at the property lines. No lighting of signs, buildings or yards shall be allowed, unless it is of such intensity, location, direction and shielding so as not to impair the vision of any motor vehicle driver. Any land use activity, structure or site improvement on property that is entirely or partially within 500 feet of a Residential Zone District shall be subject to the more restrictive lighting standards of either this section or of the Town of Clay Zoning Code § 230-22B(6), Illumination.
(8)
Radioactive materials. No land use activity shall emit any form or quantities of radioactive materials that are considered unsafe under standards established by the United States Bureau of Standards, and/or the NYS Department of Labor.
(9)
Fire and safety hazards. All buildings, operations, storage, waste disposal, etc. shall be in accordance with applicable provisions of the NYS Uniform Fire Prevention and Building Code.
B.
(Reserved for additional comments and common regulations for the following zones.)
C.
I-1 Industrial 1 District.
(1)
I-1 intent. The purpose of the I-1 District is to promote and accommodate those kinds of industrial uses that provide the logistical assembly, shipping, storage, servicing, or similar support for retail or other business uses. Nonindustrial uses are limited to large office buildings or land uses that are essential to the district. These uses are expected to conduct all operations in one or more buildings, organized in a well-planned setting within enclosed structures in a clean, quiet manner that results in little or no exterior evidence of industrial activity and, therefore, can be compatible to nearby commercial or residential areas.
(2)
Uses allowed. In addition to the following requirements, all land uses and/or structures shall comply with all relevant local, county, state or federal permits and regulations prior to or as a condition of final zoning approval.
(a)
Department of Planning and Development issuing a building permit: (reserved)
(d)
ZBA special permit approval and optional advisory referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional advisory referral to the Planning Board:
[1]
Trucking terminal.
[2]
Outdoor furnace.
[Added 10-19-2009 by L.L. No. 4-2009]
[3]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[4]
Commercial nursery.
[Added 2-7-2011 by L.L. No. 1-2011]
[5]
Commercial greenhouse.
[Added 2-7-2011 by L.L. No. 1-2011]
[6]
Motor vehicle sales (limited).
[Added 3-5-2012 by L.L. No. 1-2012]
[7]
Motor vehicle storage.
[Added 8-18-2014 by L.L. No. 1-2014]
[8]
Hospital/clinic.
[Added 9-7-2016 by L.L. No. 5-2016]
[9]
Animal care/training facility.
[Added 9-7-2016 by L.L. No. 7-2016]
[10]
Outdoor recreation, participant.
[Added 6-27-2022 by L.L. No. 2-2022]
[11]
Outdoor recreation, spectator.
[Added 6-27-2022 by L.L. No. 2-2022]
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
Industrial 1 supplemental district design standards.
(a)
Front perimeter landscape strip (% of front yard depth): 50%.
(b)
Additional side or rear yards where abutting a nonindustrial district: 50 feet.
(c)
Structure design, scale and materials:
[1]
When a new or modified land use and/or structure is proposed on any property that is entirely or partially within 500 feet of a Residential Zone District boundary, then the reviewing board shall also consider the compatibility of the site and building design, scale of site development, and any impacts related to such development with the existing or planned character of those residential zones.
[2]
Any open storage of materials or waste shall be screened from view from all property lines with a seven-foot-high fence, hedge or similar opaque barrier. Such screening shall comply with applicable setbacks.
[3]
Architectural review standards. The design, construction and materials of all structures in this district shall demonstrate compatibility to adjacent residential developments. Such factors may include architectural style of the building and its massing, roofline, exterior facade materials, windows, doors and service areas and other aspects of the building design.
D.
I-2 Industrial 2 District.
(1)
I-2 intent. The purpose of the I-2 District is to promote and accommodate processes that primarily operate in a clean and orderly manner that may involve exterior activities sensitive to environmental features and available public services. Other uses are permitted that provide the logistical assembly, shipping, storage, servicing, or similar support for retail or other business uses. This district should be located away from residential districts.
(2)
Uses allowed. In addition to the following requirements, all land uses and/or structures shall comply with all relevant local, county, state or federal permits and regulations prior to or as a condition of final zoning approval.
(a)
Department of Planning and Development issuing a building permit: (reserved)
(b)
Planning Board site plan approval:
(c)
Planning Board special permit approval: (reserved)
(d)
ZBA special permit approval and optional advisory referral to the Planning Board: (reserved)
(e)
Town Board special permit approval and optional advisory referral to the Planning Board:
[1]
Heavy equipment sales, service, exterior storage and display.
[2]
Contractor's service yard.
[3]
Motor vehicle storage.
[4]
Outdoor furnace.
[Added 10-19-2009 by L.L. No. 4-2009]
[5]
Motor vehicle rental.
[Added 4-5-2010 by L.L. No. 3-2010]
[6]
Commercial nursery.
[Added 2-7-2011 by L.L. No. 1-2011]
[7]
Commercial greenhouse.
[Added 2-7-2011 by L.L. No. 1-2011]
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
Industrial 2 supplemental district design standards. [Note: When a lot is surrounded on all sides (including across a highway ROW) by other industrial zones, the standards with the asterisk (*) apply.]
(a)
Front perimeter landscape strip (% of front yard depth): 50%; *25%.
(b)
Additional side or rear yards where abutting a nonindustrial district: 100 feet.
(c)
Structure design, scale and materials:
[1]
When a new or modified land use and/or structure is proposed on any property that is entirely or partially within 500 feet of a Residential Zone District boundary, then the reviewing board shall also consider the compatibility of the site and building design, scale of site development, and any impacts related to such development with the existing or planned character of those residential zones.
[2]
Any open storage of materials or waste shall be screened from view from all property lines with a seven-foot-high fence, hedge or similar opaque barrier. Such screening shall comply with applicable setbacks.
E.
S-1 Special Use District.
(1)
S-1 intent. It is the purpose of the S-1 District to permit uses, that are likely to have objectionable features, by issuance of a special permit by the Town Board. In order to control and mitigate the objectionable effects of a proposed use, the special permit process is intended to be explicitly limited to the approved activity. Any change of use will require the issuance of a new special permit by the Town Board. To the maximum extent possible, this district should be located in existing or planned industrial areas with substantial physical distances from residential neighborhoods. Furthermore, it shall be the ongoing policy of the Town to strictly monitor these uses and to periodically evaluate their associated benefits and/or impacts upon the Town. Upon discontinuance of any of these uses, the Town will seek to establish new zone districts that it finds to be compatible to the existing or planned developments within the vicinity of the site.
(2)
Uses allowed. In addition to the following requirements, all land uses and/or structures shall comply with all relevant local, county, state or federal permits and regulations prior to or as a condition of final zoning approval.
(b)
Discontinuance or change of an approved land use.
[1]
Short-term discontinuance: When an approved operating land use ceases operation for a period of at least 12 consecutive months, a new application shall be submitted and reviewed to restart the land use or to change land uses pursuant to the procedures required in Subsection E(2)(a) above.
[2]
Long-term discontinuance: When an approved operating land use ceases operation for a period of 24 or more consecutive months, the Town may initiate, on its own action, a zone change for the site to a zone district it finds to be consistent with the existing or planned development of the area surrounding the site.
[3]
Change in land use: Any change of an approved operating land use (currently functioning or discontinued less than 12 consecutive months) to a different land use allowed within this district shall require a new special permit by the Town Board, subject to procedures required in Subsection E(2)(a) above.
(3)
Cross-reference to other commonly used regulations; see sections noted:
(4)
(5)
S-1 supplemental district design standards. [Note: When a lot is surrounded on all sides (including across a highway ROW) by other industrial zones, the standards with the asterisk (*) apply.]
(a)
Front perimeter landscape strip (% of front yard depth): 50%; *25%.
(b)
Additional side or rear yards where abutting a nonindustrial district: 100 feet.
(c)
Structure design, scale and materials:
[1]
When a new or modified land use and/or structure is proposed on any property that is entirely or partially within 500 feet of a Residential Zone District boundary, then the reviewing board shall also consider the compatibility of the site and building design, scale of site development, and any impacts related to such development with the existing or planned character of those residential zones.
[2]
Any open storage of materials or waste shall be screened from view from all property lines with a seven-foot-high fence, hedge or similar opaque barrier. Such screening shall comply with applicable setbacks that may be applicable to the proposed use or subject property.
§ 230-18 PDD Planned Development District.
A.
Contents of the PDD section.
(1)
Section 230-18B, Planned Development District (PDD): introductory section; intent and procedure overview.
(2)
Section 230-18C, Authorization for a PDD: authorization stating basic land use, area and timing expectations.
Note: The next three subsections (§ 230-18D through F) describe the procedures for proposing, reviewing and adopting a PDD. During this entire process, there will be frequent communication and interaction between the Town Board and Planning Board. The primary and advisory roles of each Board will vary, depending upon the step in the process. |
(3)
Section 230-18D, Concept plan review (Step 1): (Town Board leads) is the initial consideration of the idea for a PDD. This subsection contains procedures for the Town Board, review criteria to evaluate the proposal, and submission requirements for this step.
(4)
Section 230-18E, PDD project plan review (Step 2): (Planning Board leads) is the preparation and review of detailed plans and documentation for the proposed PDD. This subsection contains procedures for the Planning Board, review criteria to evaluate the proposal, and submission requirements for this step.
(5)
Section 230-18F, PDD adoption (Step 3): (Town Board leads) is the finalization of all plans and documentation that is to be considered for formal adoption by the Town Board. This subsection contains procedures for the Town Board, review criteria to evaluate the proposal, and submission requirements for this step.
(6)
Section 230-18G, Implementing the PDD: describes additional reviews that may be required for an adopted PDD to fulfill in order to initiate actual development.
B.
Planned Development District (PDD).
(1)
Intent.
(a)
This district allows for a variety of land uses and a flexible arrangements of lots, structures, and land uses in a well-planned and coordinated design. The flexibility of land uses and lots is achieved by the Town continuously participating in and approving stages of project planning and development. Any combination of land uses already permitted within the Town may be proposed for development on sites under this district. This district is also intended to accommodate land uses or scales of development that may be unique or require more consideration by the Town. This district may be applied anywhere in the Town, provided the project scale and design is found to further Town planning goals and to be compatible and coordinated with the environmental constraints and the existing and/or planned availability of public water, sewer, drainage, and transportation facilities.
(b)
Substantively and procedurally, the PDD is intended to promote and maintain a dialogue between the applicant and the Town. The PDD enables both the applicant and the Town to customize the development of a site in ways that are not feasible in conventional zone districts. The development standards are not predetermined, but are created jointly by the applicant and the Town via the procedures set forth is this section.
(2)
Procedure overview. The classification of any property within the Planned Development District (PDD) requires the undertaking of a three-step process involving the approvals from both the Town Board and the Planning Board.
(a)
In the first step, concept plan review, the Town Board, in its legislative capacity, establishes the boundaries of the proposed PDD and sets the limits on the nature and range of uses, geometric and site controls and overall project planning. The Town Board's action is in response to the applicant's submission of a general outline that sets forth the contemplated development for the proposed PDD. This step begins a dialogue between the applicant and the Town, and, it does not commit the Town Board to adopt a PDD zone change in the final step of this process.
(b)
In the second step, project plan review, the Planning Board is delegated by the Town Board to be responsible for ensuring that the general concept outline approved by the Town Board will be properly implemented. The Planning Board achieves compliance by reviewing and approving the project plan submitted by the applicant. The project plan is the detailed narrative and graphic documentation for the development of the entire PDD.
(c)
The final steps, implementation and enforcement, are through a formal zone change by the Town Board and site plan and/or subdivision reviews of individual sites or portions of the PDD by the Planning Board that ensure the actual construction and development fully implement the concept and project plans adopted in the formation of the PDD.
C.
Authorization for a PDD.
(1)
Type of action. Establishment of a Planned Development District (PDD) is a zone change to the Zoning Map made by the Town Board, pursuant to the requirements of the NYS Town Law, governing the formation and modifications of zone districts, the local requirements of the Town of Clay and the procedures of this section.
(2)
Application to specific lands.
(a)
The PDD regulations are applied and effective to only a specific area that may include more than one property. The Zoning Map is amended upon adoption of an approval resolution by the Town Board of a PDD project plan, pursuant to the requirements of this section. No permits or other approvals are issued until the zone change has been approved by the Town Board, as stipulated in PDD adoption (Step 3).
(b)
Land uses permitted.
[1]
Generally. The Town Board shall specify the land uses permitted within the PDD when the concept plan for such district is accepted and may identify specific uses for lots or subareas within the PDD. The Town Board may establish the unit densities and other dimensional and performance standards for all uses. If the Town Board chooses not to establish such standards, then the provisions of PDD default dimensional and performance standards of this section shall apply.
[2]
Preassigned land uses. The PDD shall also be used to address uses, which, due to their size or character, have potentially significant impacts and require maximum review of location, scale and design. The following uses shall be permitted only in a PDD upon specific approval of the Town Board:
[3]
Minimum PDD area.
[a]
Minimum area. No PDD shall have a gross land area of less than 25 acres, exclusive of existing public rights-of-way, unless otherwise specified by the Town Board.
[b]
Adding area. Once established, a PDD may be enlarged to include other contiguous areas regardless of their size. Such areas, if separated by a public right-of-way, may be considered contiguous, if, in the opinion of the Town Board, the continuity of the original PDD is maintained or enhanced.
(3)
Phased development.
(a)
PDD subareas. The Town Board may identify portions of a PDD as discrete geographic subareas of the project. Such designated subareas (sections or phases) may have land uses or standards different from the balance of the PDD, provided that such designated subareas are fully integrated in the overall development for the entire PDD.
(b)
Project staging. The Town Board may establish the sequence in which development of a PDD shall proceed by specifying the order in which subareas, sections or phases of a PDD are to be developed. If not specified by the Town Board, the Planning Board may, on its own initiative during the project plan review, establish a sequence of project staging or approve a proposed sequence by the applicant.
(c)
Review of project phases. If a proposed PDD is to be undertaken in a staged development, the Town Board, during concept review, may phase the schedule of the Planning Board's project plan approval to correspond with the approved project staging. The first phase shall consist of a minimum of 25% of the total PDD area.
D.
PDD concept plan review (Step 1). In the first step, concept plan review, the Town Board, in its legislative capacity, establishes the boundaries of the proposed PDD and sets the limits on the nature and range of uses, geometric and site controls and overall project planning. The Town Board's action is in response to the applicant's submission of a general outline that sets forth the contemplated development for the proposed PDD. This step begins a dialogue between the applicant and the Town; and it does not commit the Town Board to adopt a PDD zone change in the final step of this process.
(1)
Concept plan review procedures.
(a)
Receipt and referral. An applicant wishing to propose a PDD shall prepare and submit documents (see concept plan submissions) to the Town Board. Upon receipt of a PDD proposal, the Town Board can accept or refuse to consider the proposal for further action. If the Town Board accepts the PDD proposal for consideration it shall refer the PDD submission documents to the Planning Board for its advisory opinion on the formation of the PDD. The Planning Board shall respond to the Town Board with a written report of its findings and recommendations within a time period established by the Town Board, to be not less than 30 days and not more than 90 days, unless modified by mutual agreement of the Town Board and Planning Board.
(b)
SEQRA. The Town Board shall declare itself lead agency for purposes of the NYS Environmental Quality Review Act and shall determine if the proposed PDD is a Type 1 or unlisted action and make the appropriate notification or referrals to the applicable municipalities, involved or interested agencies or other levels of government.
(c)
Review and discussion. Prior to any informational or public hearing, the Town Board may meet with the applicant, the Planning Board or other interested parties to discuss the PDD proposal.
(d)
Informational hearings. The Town Board may hold an informational hearing; after which, and upon the consideration of the recommendations by the Planning Board and other agencies, it may proceed to act on the proposed PDD concept plan.
(e)
Concept plan acceptance. The Town Board shall consider the proposal and vote to accept, modify or reject the PDD concept. If the Town Board accepts or modifies the PDD concept, it shall prepare a written resolution indicating its findings and its willingness to entertain a zone change upon completion of a PDD project plan. It shall also authorize the Planning Board to engage in the review and possible approval of a PDD project plan. It may instruct the Planning Board of the specific land uses, nature of buildings, minimum area and geometric controls to be maintained in the PDD or in designated subareas, project phasing and a timetable of Planning Board review. The resolution shall include a copy of the accepted written and graphic PDD concept plans, any SEQRA-related materials, and other relevant information.
(f)
Concept plan acceptance date. The date of Town Board acceptance only initiates the second review phase of the PDD procedures. Upon concept acceptance, the PDD is not in effect and the applicant does not obtain vested rights for development.
(2)
Concept plan review criteria. The Town Board shall find that approval of a PDD concept is reasonable and appropriate in furthering the overall land development policies and goals of the Town. In making this determination, the Town Board shall consider and record in its resolution of acceptance how the proposed PDD addresses the following:
(3)
Concept plan submission requirements. In order to obtain the conceptual approval of the Town Board for the establishment of a Planned Development District, a concept plan of the proposal shall be submitted, comprised of the following components:
(a)
Narrative component. a brief written narrative outlining the applicant's overall concept for the proposed PDD, including, but not limited to, the following: an explanation of how the proposed PDD conforms to concept plan review criteria, the range and mix of land uses, development density, building types, impact upon existing and provision for public facilities, points of access, parking, open space/recreation areas, project financing and phasing, and other applicable items.
(b)
Graphic component: a generalized graphic plan of the entire site, drawn to a scale that reasonably depicts the land use, development patterns, density and improvements addressed in the applicant's narrative statement.
(c)
Project schedule: an outline of the expected sequence and duration to fully implement and construct the entire PDD.
(d)
SEQRA: the long environmental assessment forms (LEAF), as determined by the Town, in accordance with the NY State Environmental Quality Review Act (SEQRA).
(e)
Survey: survey(s) or tax maps of the property or properties proposed for inclusion in the PDD as part of the graphic component.
(f)
Zone change application forms: forms, as required by the Town of Clay, available from the Department of Planning and Development.
E.
PDD project plan review (Step 2). In the second step, project plan review, the Planning Board is delegated by the Town Board to be responsible for ensuring that the general concept outline approved by the Town Board will be properly implemented. The Planning Board achieves compliance by reviewing and approving the project plan submitted by the applicant. The project plan is the detailed narrative and graphic documentation for the development of the entire PDD. This step begins with the following actions of the Planning Board and concludes with a recommendation to the Town Board.
(1)
Project plan review procedures.
(a)
Transfer to the Planning Board. Upon acceptance of a PDD concept plan by the Town Board, the Planning Board shall begin, with the applicant, the development of a PDD project plan.
(b)
Submittals. The project plan is a substantial elaboration of the concept plan accepted by the Town Board. It is a significantly more detailed narrative and graphic documentation for the development of the entire land area or of designated subareas within the PDD (see submission requirements). The applicant shall prepare and submit project plan materials to the Planning Board. The applicant may submit materials immediately following PDD concept plan acceptance by the Town Board. All materials shall be prepared and completed to the satisfaction of the Planning Board.
(c)
Review schedule. Unless otherwise specified by the Town Board, the project plan shall be acted upon by the Planning Board within 180 days of the approval date of the PDD concept plan by the Town Board. Any time within this period, the Planning Board or the applicant may request or recommend to the Town Board a modification of this schedule. Failure to obtain project plan acceptance within the required time limits shall cause the concept plan authorization to lapse.
(d)
SEQRA. A thorough analysis of environmental issues shall commence during this stage of the PDD review process under the authority of the Town Board. The Town Board may retain oversight responsibility or it may direct the Planning Board to oversee the preparation and completion of any environmental analysis or DEIS. In either case, the Planning Board shall advise the Town Board on the scope and the necessity for a preparation of an environment analysis or a draft environmental impact statement (DEIS).
(e)
Analysis, review, discussion and referrals. During its review, the Planning Board shall engage in a substantive review of the project plan. It may meet with the applicant, government agencies or other interested parties to improve its understanding of the proposal. The Planning Board may refer the proposed project plans to appropriate governmental agencies for any advisory opinion or recommendation. The Planning Board shall direct the preparation of a written report of the Board's interim analysis, findings and progress.
(f)
Informational hearings. The Planning Board may hold informational hearings for fact-finding and to gather community input.
(g)
PDD project plan review completion. The Planning Board shall, when it concludes its analysis and review [Subsection E(1)(a) through (f) above], vote to recommend that the Town Board accept, accept with modifications or reject the PDD project plan. It shall base its recommendation upon finding that the proposed project plan is in accordance with the approved concept plan, the Town Subdivision Regulations,[1] and all applicable codes and regulations of Onondaga County and New York State.
(h)
Planning Board recommendation. The Planning Board shall, if it finds that all materials and information are acceptable, direct the preparation of a written report to the Town Board containing its findings and recommendations. The report shall include, if appropriate, the accepted written and graphic PDD project plans, a PDD construction and development schedule, recommended methods of implementation following final PDD adoption, a draft DEIS or recommended SEQRA findings, and any other relevant materials.
(2)
Project plan review criteria. The Planning Board shall determine that approval of a PDD project plan is reasonable and appropriate in meeting the objectives of the accepted concept plan, and that the project plan furthers the overall land development policies and goals of the Town. In making this determination, the Planning Board shall apply its collective experience and judgment to evaluate the appropriateness of the development proposed in the project plan. It shall also consider and record in its resolution of recommendation to the Town Board how the proposed PDD addresses the following:
(a)
Uses and structures. The variety and arrangement of land uses and structures throughout the proposed development are appropriate for the site. The Planning Board may not specifically prohibit nor permit uses or structures not similarly authorized by the Town Board.
(b)
Dimensional standards. The Planning Board shall ensure compliance of the project plan guided by the Town Board resolution conceptually accepting the PDD. It shall evaluate the project plan with respect to the minimum area and geometric controls and other standards set forth by the Town Board or the default standards of this section if not specifically modified by the Town Board. It shall evaluate the appropriateness of the proposed density of development and other factors it finds relevant, such as location, community needs, public infrastructure and relationship to surrounding development.
(d)
Other zoning reviews. The Planning Board shall specify recommended zoning review processes and permits that will control and monitor the implementation of the PDD.
(e)
Feasibility of completing the PDD. The Planning Board shall evaluate and comment whether the proposed sequence, staging and expected schedule for implementing the PDD can be achieved in the manner described. It shall seek to identify any public infrastructure or improvements that are related to or contingent upon the successful completion of the proposed PDD and set forth a preliminary schedule of PDD milestones that are to be achieved after adoption.
(3)
Project plan submission requirements.
(a)
Project plan submissions. The project plan of the entire site must include graphic documentation, maps, drawings and other materials that show at a sufficient scale and detail to allow the Planning Board to evaluate the feasibility and impacts of the proposed development.
[1]
Site plans for all construction areas preliminarily showing approximate size, height, and bulk of buildable areas.
[2]
Preliminary landscaping plans showing all open space, plazas, malls, courts, and pedestrian ways, ponds, waterways or similar landscaped features.
[3]
Preliminary grading plans showing existing and proposed topographic contours and any significant natural or sensitive environmental resources.
[4]
Improvement plans showing existing and proposed drainage, water and sewer facilities, and easements, if any, within or affected by the proposed development.
[5]
Vehicular and pedestrian circulation plans showing proposed streets, points of access, sidewalks and off-street parking and loading to serve any proposed building or facilities.
[6]
Proposed construction schedule, sequence of development, project financing and preliminary milestones to be achieved from time of adoption to completion.
[7]
Preliminary contract and filing documents between the applicant and Town for any public facilities, districts, enforcement and management of the PDD.
(b)
Supporting and explanatory material. The Planning Board may require the submission of additional material to explain and justify the project plan, which could include but is not limited to the following:
[1]
Information necessary to assure compatibility of the proposed project with adjoining existing uses and to Town planning objectives.
[2]
An explanation of the manner in which all requirements of the project plan and of other applicable regulations are to be met.
[3]
Expected treatments or project-wide strategies for issues such as: signs, lighting, snow storage, building and site aesthetics.
[4]
Impact and relationship to existing or proposed public services such as: public infrastructure; solid waste collection; emergency vehicle, police and fire protection.
F.
PDD adoption (Step 3). The final steps, implementation and enforcement, are through a formal zone change by the Town Board and site plan and/or subdivision reviews of individual sites or portions of the PDD by the Planning Board that ensure the actual construction and development fully implement the concept and project plans adopted in the formation of the PDD.
(1)
PDD adoption procedures. A PDD takes effect only upon the Town Board's approval or approval with modifications of a zone change incorporating the PDD project plan accepted by the Planning Board and according to the PDD criteria for adoption and submission requirements.
(a)
Recommendation to Town Board. The Planning Board completes and returns its written recommendation of the project plan to the Town Board. Upon receipt, the Town Board may proceed to considering a zone change for the proposal.
(b)
Hearings, referrals and SEQRA. The Town Board shall, pursuant to law and this code, conduct a public hearing(s), make all required referrals not previously completed, and finalize the SEQRA process.
(c)
Project plan action. The Town Board shall approve, approve with modification or disapprove the PDD project plan referred by the Planning Board. The Town Board resolution shall explicitly state that the proposed dimensional controls are accepted or the default dimensional and performance standards apply. It shall also explicitly state the accepted staging and schedule to implement and construct the proposed PDD.
(d)
Zone change action. Upon project plan adoption, the Town Board shall vote to grant the zone change and file its action pursuant to local and state requirements.
(e)
Filing of approvals. The PDD shall be effective upon proper execution and filing of all documents, contracts and plans as a supplement to the Zoning Map.
(2)
PDD criteria for final adoption.
(a)
The Town Board shall confirm or modify and restate its findings of Town goals addressed in the concept plan (Step 1) acceptance above.
(b)
The Town Board shall confirm that the PDD project plan (Step 2) fulfills the expectations established in the concept plan accepted or as subsequently modified.
(3)
PDD adoption submission requirements.
(a)
Forms and documentation: copies of materials approved by the Planning Board.
(b)
Reports, referrals and recommendations: any documents developed or received by the Planning Board during project plan review.
(c)
Survey(s) and legal descriptions of properties included in the entire PDD.
(d)
SEQRA documentation, DEIS and preliminary draft findings (if prepared).
(e)
Final drafts of all contracts, filing documents and plans and enforcement instructions.
G.
Implementing the PDD. This section identifies processes that are anticipated to be necessary following Town Board approving action on the PDD, and depending on the specifics of the proposal, to allow for actual construction and occupancy of a PDD proposal. These processes will address development of PDD project details and potential project changes that are fully consistent with the approved project plan. These other permits and approvals may be obtained by the applicant pursuant to the requirements of those individual processes and/or the requirements specified in the resolution adopting the PDD.
(1)
Town permits.
(a)
Construction compliance. Any use or structure, open space, infrastructure improvement or regrading shall be established pursuant to the standards set forth in the adoption of the PDD.
(b)
Site plan and special permit. Subject to the instructions of the Town Board in final resolution of PDD adoption, the standards, procedures and submission requirements of a site plan and/or special permit are to be applied for those individual uses, structures, or improvements.
(d)
All other Town permits. Building, highway access and similar permits are required to be obtained pursuant to their respective permit requirements.
(2)
Other permits. All other agency permits required from federal, state or county regulations shall be obtained prior to on-site development activity.
(3)
Failure to implement the PDD. The Town Board may consider, after notification to the developer-applicant, rezoning actions to alternative zone districts if the PDD construction of the entire project or of specified phases is not completed or if adopted PDD milestones are not achieved within 18 months of the approved PDD project schedule.
H.
Modifications and amendments to an existing PDD. This subsection describes how changes are addressed after a PDD has been adopted, constructed and/or occupied. All changes to an existing PDD will be regulated by the following provisions: changes that will affect individual lots that have been subsequently established after the PDD adoption will require approval by the Commissioner or the ZBA; changes that are directed to the entire PDD or to an identified stage of the PDD will require review by either the Planning Board or Town Board depending on the perceived effect.
(1)
Minor modifications affecting one property. The Commissioner of Planning and Development shall evaluate all modifications and may either refer the proposal for consideration of a variance by the ZBA or approve minor modifications for development with the PDD pursuant to the following:
(a)
Thresholds.
(b)
Criteria. The Commissioner can find that the proposed modification does not require any modification of applicable standards, substantially alter the property from the approved plan and does not change the relationship to surrounding properties or improvements.
(c)
Procedure. The Commissioner shall process and document the approval of such modifications in a manner consistent with the general procedural and enforcement provisions of this code. The Commissioner may issue a building permit, certificate of compliance or similar approvals (e.g., minor subdivision or site plan adjustments) when authorized by this code.
(d)
Waivers of PDD standards. The Commissioner finds that the change for a proposed development, improvement, or modification fails to comply with the land use, dimensional or performance standards adopted for the specific PDD and shall be subject to the procedures and standards for issuance of a use or area variance by the Zoning Board of Appeals.
(e)
Transfer to Planning Board or Town Board. The Commissioner may require any requested modification to be submitted for a PDD intermediate design and land use modification by the Planning Board, or, for a major modification, to the Town Board.
(2)
Intermediate modifications; project plan amendment. Existing or approved PDD land uses, structures and improvements may be altered or modified after the effective date of PDD adoption. Unless otherwise required by the Town Board or Planning Board, such modifications shall be subject to the issuance of a project plan amendment by the Planning Board, pursuant to the following:
(a)
Thresholds.
[1]
There are changes in type or location of approved land uses within the same general land use category (e.g., residential, commercial, industrial) and within the same PDD section identified in the approved project plan.
[2]
Increase in floor area in excess of 10% of a principal or accessory structure.
[3]
Demolition of a principal structure, except where mandated by an appropriate official in the interest of public safety.
[4]
Establishment or realignment of new streets or other public/common areas.
[5]
Any change, except routine replacement and maintenance, to landscaping, open space, parking, public facilities or other improvements addressed in the project plan.
(b)
Criteria. The Planning Board shall find that the proposed modification does not substantially alter any modification of applicable standards, maintains the basic relationship of the property to the approved project plan and maintains the basic relationship to surrounding properties or improvements.
(c)
Procedure. The Planning Board shall review and consider a project plan amendment under procedures set forth in this section for adoption of a project plan (Step 2), except that Town Board approval shall not be required.
(d)
Transfer to Town Board. The Planning Board may, at any time, find that the proposed modification substantially alters the project plan and require the requested modification to be submitted for a PDD major amendment by the Town Board.
(3)
Major modifications. Any modification not addressed by the minor or intermediate modifications above, exceeding the limits established at the inception of the district, or expanding or altering the PDD boundary shall be reviewed and approved by the Town Board, subject to the procedures for establishing a PDD (Steps 1, 2 and 3).
(4)
Nonconformities. It is the intent of the PDD that no nonconforming elements will exist within the PDD. The flexibility of the land use and geometric controls and review procedures should prevent the creation of any nonconforming element. In the event that a nonconformity does exist, any subsequent changes shall conform to the PDD controls and shall be subject to an issuance of a project plan amendment by the Planning Board [see Subsection H(2), Intermediate modifications].
I.
PDD default dimensional and performance standards. The following standards are intended to assist the Town by avoiding any enforcement oversight or ambiguity. A PDD is intended to promote flexibility and creativity of design; therefore, the following will apply in the absence of specifically established standards by the Town Board. Unless the Town Board establishes other controls or standards at the inception of the district, the following shall apply uniformly, by default to the entire PDD or to designated portions.
(1)
Land uses. There are no default land uses in a PDD.
(2)
Dimensional controls. The following controls shall apply, unless specifically modified by the Town Board during the initial establishment of the PDD:
(a)
Distance between buildings on one lot.
[1]
Residential: front, rear and side yards for residential uses shall be designed so that a building is no closer than 20 feet to any other residential building and 50 feet to any nonresidential building.
[2]
Nonresidential: front, rear and side yards for nonresidential uses shall be designed so that a building is no closer than 30 feet to any other nonresidential building and 50 feet to any residential building.
[3]
For purposes of interpretation, a structure which contains both residential and nonresidential uses shall comply with the requirements of Subsection I(2)(a)[2] above.
[4]
Accessory structures shall be no closer than 10 feet to the principal structure with which they are associated and no closer than 20 feet to any other principal structure, and five feet to any other accessory structure.
(b)
Distance from lot lines. The minimum distance between any point on a principal building and the lot line shall not be less 10 feet.
(c)
Density of development. Unless the Town Board has otherwise established a minimum density then all residential development shall provide an average density of 5,000 square feet per dwelling unit. Commercial and industrial uses shall maintain an average minimum density of 20,000 square feet per building.
(d)
Lot coverage. Maximum lot coverage for all development within a PDD shall not exceed 35% of the gross land area.
(e)
Height. The maximum height of all principal structures shall not exceed 35 feet for residential buildings and 40 feet for commercial or industrial buildings, and accessory structures shall not exceed 15 feet.
(f)
Parking/Loading. The parking and loading provisions of this Zoning Code shall apply to PDDs unless modified by the Town Board. Shared parking and storage may be included in the calculation of overall parking compliance.
(g)
Supplementary regulations and site plan standards. Unless modified by the Town Board when establishing the PDD, the supplementary regulations and site plan standards of this Zoning Code shall apply to all development within the PDD.
(3)
Performance standards. Unless modified by the Town Board when establishing the PDD, the performance standards applicable to all industrial districts shall apply.
§ 230-19 Overlay districts.
A.
Highway Overlay Zone District.
(1)
Intent. The purpose of this overlay district is to foster and maintain a balance between major highways or roads within the Town and private development on lands abutting these roads. These major routes are identified, from time to time, based on variety of factors. These factors include traffic volume, highway functional classification, portion and extent of the Town served by that route. The balance between road and development sought is to protect the proper function of the highway by minimizing adverse effects of development on highway safety or efficiency; to preserve the long-term ability for a highway to improve and expand; and to protect abutting development from adverse effects of the highway. This overlay district attempts to achieve this balance by superimposing on the conventional underlying zone districts additional standards upon vehicular access points, and lot width, depth and setbacks. This district will not alter the allowable land uses permitted within any district affected.
(2)
Application. The Highway Overlay Zone District applies to lots adjacent to or abutting designated highways. This overlay district imposes dimensional controls in addition to the conventional underlying zone district requirements. In the event that there is a difference or conflict with other sections of this code, then the more restrictive or largest minimum requirements shall apply.
(3)
Designated highways.
(a)
Designated major highway: a road identified within this chapter, used primarily for the through movement of vehicles, and subject to Overlay Zone District restrictions. There are several types or levels of major highway: A, B, and C. Type A are those that are currently, or have the potential for becoming, five or more travel lanes in width. Type B are those that are currently, or have the potential for becoming, four travel lanes in width. Type C are considered major roads, but are unlikely to become four travel lanes in width.
(b)
The following roads are hereby determined to be major roads within the Town of Clay and hereafter referred to as designated major highways. The precise linear extent of the overlay zone for each road shall be generally from the center of one intersection to another, or from the Town boundary to an intersection, as described in this chapter designating a highway or road to be Type A, B or C.
Type A | Type B | Type C | |
|---|---|---|---|
NYS Route 31 | Morgan Road | Bear Road | |
Route 11 | Buckley Road | ||
Route 57 (Oswego Road) | Caughdenoy Road | ||
I-481 | VerPlank Road | ||
South Bay Road | Vine Street | ||
East and West Taft Roads | Wetzel Road (Buckley Road to Route 57) | ||
Henry Clay Boulevard (Route 31 to south Town line) | Henry Clay Boulevard (Route 31 north to Oak Orchard Road) |
(c)
Designated minor highway. A road identified within this chapter fulfilling similar transportation objectives as designated major highways, but has lower traffic volumes and capacity.
(Reserved for designated minor highways) |
(4)
Schedule of requirements.
(a)
Definitions.
[1]
Lots with access: lots that are existing or proposed, which, due to the lot configuration or a lack of alternative road frontage, require direct vehicular driveway access to the Type A, B or C highway.
[2]
Lots without access: lots that are existing or proposed, which have or can have direct vehicular driveway access to a nondesignated highway or local street and have no planned or permitted vehicular access directly onto a Type A, B or C highway.
(b)
Requirements.
[1]
Schedule.
Lot Area and Frontage | Lots with Access | Lots without Access | ||
|---|---|---|---|---|
Lot area, minimum | ||||
Type A | 2 times minimum area | Conventional zone district | ||
Type B | 1.75 times minimum area | Conventional zone district | ||
Type C | 1.5 times minimum area | Conventional zone district | ||
Minor highway | 1.25 times minimum area | Conventional zone district | ||
Lot frontage, minimum | ||||
Type A | 2 times minimum frontage | Conventional zone district | ||
Type B | 1.75 times minimum frontage | Conventional zone district | ||
Type C | 1.5 times minimum frontage | Conventional zone district | ||
Minor highway | 1.25 times minimum frontage | |||
[2]
If there is no required minimum lot width or frontage in the underlying conventional district, then lots affected by the overlay shall have a minimum frontage of 200 feet and a minimum depth of 200 feet.
(5)
Designated highway setback: the required distance, measured perpendicularly from the existing highway pavement center line into the lot and within which no structure or parking shall be placed unless provided for in this code.
Required Setback for All Lots (feet) | |||
|---|---|---|---|
Principal structure | |||
Type A | 165 | ||
Type B | 140 | ||
Type C | 115 | ||
Minor highway | 100 | ||
Accessory structure (e.g., swimming pool, storage shed) | |||
Type A | 115 | ||
Type B | 90 | ||
Type C | 65 | ||
Minor highway | 50 | ||
Parking area | |||
Type A | 90 | ||
Type B | 70 | ||
Type C | 55 | ||
Minor highway | 50 | ||
(6)
Highway Overlay District corner lot requirements.
(a)
Lots situated at the intersection of a Type A, B, or C highway and a minor highway or a nondesignated highway shall have a minimum depth, measured along the nondesignated ROW, of 250 feet from the Type A, B, or C highway right-of-way edge.
(b)
Driveway access for a corner lot to either a designated highway or a nondesignated highway shall be no closer than 100 feet to the intersection of the highway right-of-way lines.
(c)
Within the triangular area formed by the intersection of two right-of-way lines and a third line joining them at points 50 feet away from their intersection, there shall be no planting or structures which obstruct motorists' vision or diminish highway sight distance.
(7)
Highway overlay subdivision review. The subdivision of any lot or portion of a lot that abuts a designated highway shall be subject to subdivision review and approval, regardless of the number or orientation of the proposed lots.
(8)
Highway Overlay District exceptions for existing lots.
(a)
Residential districts: New residential developments shall comply. For existing reverse-frontage lots (rear yards), the arterial setback shall be reduced by 50 feet for additions, swimming pools and accessory structures.
(b)
Lots and structures legally existing that do not comply to the regulations in this section may continue to be used and developed subject to the following:
[1]
An existing lot which has less than the minimum lot area, frontage and/or lot depth may be developed in accordance with the applicable zone district regulations, provided it complies with the required designated highway setbacks and any applicable driveway permit standards.
[2]
Additions, renovations and similar improvements may be made upon existing principal or accessory structures in accordance with the applicable conventional zone district regulations, even if that existing structure fails to comply with designated highway setback requirements. However, those improvements shall not encroach closer to the designated highway than the existing structure.
B.
AFH Airport Flight Hazard Districts. The following regulations shall apply in all Airport Flight Hazard Districts.
(1)
Overlapping or combined districts. An Airport Flight Hazard District may overlap or be combined with other zoning districts of the Town of Clay. In the event that such Airport Flight Hazard District overlaps or is combined with lands of other zoning districts of the Town of Clay, both the provisions of such other zoning district and of the Airport Flight Hazard District shall apply to such land and airspace; provided, however, that notwithstanding the regulations contained in any part of this chapter, no exception to the height limit shall be permitted in any zoning district which is combined with such Airport Flight Hazard District, except to the extent that the height limit specified in such Airport Flight Hazard District exceeds the height limit specified in the zoning district.
(2)
Airspace included in an Airport Flight Hazard District.
(a)
All airspace located within the boundaries of the Town of Clay located over Hancock International Airport, Michael's Field and Airlane Enterprise Field and that airspace beyond and within 3,000 feet of the perimeter of said airports computed at a gliding angle of one foot in height to every 30 feet of horizontal distance from and beyond the nearest point of the perimeter of said airports.
(b)
All airspace located within the boundaries of the Town of Clay located over Hancock International Airport, Michael's Field and Airlane Enterprise Field and that airspace extending for a distance of 10,000 feet at a gliding angle of one foot to every 50 feet of horizontal distance computed from a point 200 feet beyond the end of each runway used for instrument flight operations, and one foot in height for each 40 feet in horizontal distance computed from said point or points for all other flight operations.
(3)
Height limitation. No structure, building, tower, pole, wire, tree or other thing or portion thereof shall be erected, created, established or used within an Airport Flight Hazard District in such a manner that any part or portion thereof would extend or protrude into the airspace identified and set forth in Subsection B(2) of this section.
C.
Gas Transmission Overlay.
(1)
High-pressure natural gas transmission lines.
(a)
Notwithstanding any code, rule, regulation, Code or law to the contrary, no structure shall be permitted within 25 feet of the right-of-way line or property line of any high-pressure natural gas transmission line in the Town of Clay. A high-pressure natural gas transmission line is defined as one whose normal operating pressure is equal to or in excess of 250 pounds per square inch.
(b)
Any proposed construction, excavation or site work within 50 feet of any such right-of-way or property line shall not be commenced until the applicant has submitted to the Town of Clay Planning Board a statement, verified by a licensed land surveyor, showing the depth of the transmission line from existing grade, and the Planning Board has approved such construction, excavation or site work.
(c)
There shall be no trees, shrubbery or planting whose root systems could possibly reach the transmission line placed or planted anywhere within such right-of-way or property.
(d)
No water, sewer, drainage or electricity lines shall cross any such transmission line until the plans therefor have been approved by the Town of Clay Planning Board.
(e)
These regulations apply only to high-pressure gas transmission lines constructed in accordance with the applicable provisions of the ASA Code for gas transmission lines constructed within the boundary lines of cities and villages. In any case where high-pressure gas transmission lines are not constructed in accordance with the provisions of the above-mentioned ASA Code, a special permit shall be required from the Planning Board before any structure is constructed or located or any septic tank or drain field is installed within 300 feet from such high-pressure gas transmission line.
(2)
Setback from hazardous liquid transmission pipelines.
(a)
No structures shall be constructed or located or septic tank, drain field, or other underground facility be installed closer than 200 feet from any hazardous liquid transmission pipeline, unless such pipeline is covered by not less than three feet of compacted earth, in which case such setback shall be 50 feet.
(b)
Verification of the amount of cover over the pipeline shall be to the satisfaction of the Town of Clay Planning Board, and the determination shall be made by it as part of a subdivision or site plan approval process, or, in the event neither such process is involved by the issuance of a special permit, by the Planning Board.
(c)
In the event the reduced setback is permitted, no regrading shall take place within the setback space without the approval of the Planning Board, and signs conveying this restriction shall be erected and maintained at locations approved by the Planning Board.