Clay City Zoning Code
ARTICLE V
Administration
§ 230-24 Town Board.
This section describes the Town Board's role in zoning and planning. Generally, Town Board authority is set forth in NYS legislation and by its own local laws and resolutions. Amendments to the Town Zoning Code and associated map are Town Board legislative acts enacted after a public hearing and are intended to implement land use and development policy objectives.
A.
Establishment. The Town Board is authorized by the state to be the governing body of the Town of Clay. Town Board composition, terms, compensation and eligibility for membership, employment of staff and other relevant factors for the conduct of the Town Board shall be decided in conformance with the requirements of the NYS Town Law.
B.
Powers and duties.
(1)
Zoning establishment. Pursuant to NYS Town Law § 261, the Town Board is authorized to regulate buildings, structures, parcels, and general development within its boundaries.
(4)
Special permits. Pursuant to Town Law § 274-b, the Town Board is authorized to review, approve, approve with modifications or disapprove applications for special permits designated in this code.
(6)
Comprehensive planning. The Town Board may engage in and/or fund the preparation of any plans, documents or studies to be used as reference tools to guide the future growth of the Town of Clay, exclusive of the Village of North Syracuse.
C.
Zoning amendments.
(1) TEXT AMENDMENT ZONE CHANGE
Definitions. For purposes of this code, there are two types of zoning amendments:
A modification to the written language of the Zoning Code, and may include regulations that affect the entire Town or creation of districts affecting limited portions of the Town.
Applies the language of the Zoning Code to specific areas of the Town; it may modify the zone district boundaries or add or remove zone districts from the Zoning Map.
(2)
Standards of review.
(a)
Compliance to Town planning. All zoning amendments shall be considered with respect to the Town's planning actions, programs, studies, and/or any planning documents that are consistent with the provisions of NYS Town Law § 272-a. All zoning amendments shall seek to further the policies of these programs and plans.
(b)
Community well-being. All zoning amendments shall, in the judgment of the Town Board, enhance the health, safety and welfare of the entire Town and promote land development that furthers the community interests of the Town.
(c)
Districts. Districts with separate and distinct regulations for land uses and structures may be established and applied when they further Town-wide objectives, respond to general conditions within an area and will uniformly treat land uses and structures within the district.
(3)
Procedures.
(b)
Submission requirements. A proposal for a zoning amendment shall be submitted on forms required by the Town. Forms are available from the Department of Planning and Development.
(c)
Applicant. All zoning amendments constitute the adoption of a code, and, therefore, the Town Board is the official applicant in all cases. The Planning Board, a property owner or any resident of the Town may request that the Town Board initiate a zoning amendment.
(d)
Planning Board referral. All zoning amendments shall be referred by the Commissioner on behalf of the Town Board to the Town Planning Board for advisory review and comment. The Town Board shall not act until a Planning Board recommendation has been received or until the allotted review time has expired. (See also § 230-26, Planning Board.)
§ 230-25 Zoning Board of Appeals (ZBA).
This section establishes and describes the responsibilities of the Town of Clay Zoning Board of Appeals (ZBA). It includes the grant of authority by the Town Board, a delegation of power to independently approve the following kinds of land development actions: special permit, variance, interpretation; and to develop procedural requirements and standards of approval to guide the ZBA in its authorized actions.
A.
Establishment. The Zoning Board of Appeals (ZBA) was created pursuant to New York State Town Law § 267, consisting of five members. ZBA composition, terms, compensation and eligibility for membership; employment of staff and other relevant factors for the conduct of the Zoning Board of Appeals shall be decided in conformance with the requirements of the NYS Town Law.
B.
Powers and duties.
(2)
Variances. Pursuant to NYS Town Law § 267-b, the ZBA is authorized to review, approve, approve with modifications or disapprove applications for variances in accordance to the standards or criteria adopted in this section.
(a)
“Area variances” are defined by state law and permit the use of land in a manner which is not allowed by the dimensional or physical requirements of the zoning regulations.
(b)
“Use variances” are defined by state law and permit the use of land for a purpose which is not allowed or is prohibited by the zoning regulations.
(3)
Interpretations. Pursuant to NYS Town Law § 267-b, the ZBA is the Town agency authorized to review, interpret and make final determinations regarding the actions of Town administrative or enforcement officials in their application of the Zoning Code.
(4)
Guidelines, procedures, rules and regulations. The ZBA shall conduct its meetings and actions in accordance with the provisions of NYS Town Law § 267-a. It may prepare materials for its use and for public use that will facilitate the manner of application reviews. Such materials may include application forms, guidelines for approval, procedures and other rules and regulations governing the conduct of ZBA reviews.
D.
Variances.
(1)
Purpose. Both area and use variances are intended as remedies when the Zoning Code is found by the ZBA to unduly affect specific conditions of property. Either variance seeks to ensure that the requested uses or structures in conflict with this code are allowed when necessary for the property; and in a manner appropriate and compatible to the site, neighborhood and zone district.
(2)
Authority.
(a)
Applicable uses or structures. The uses or structures associated with a requested area or use variance shall be subject to the satisfaction of the requirements of NYS Town Law § 267-b and the reasonable standards established by the ZBA.
[1]
Area variances are required when a proposed use or structure that is otherwise permitted in the zone district or at the specific location cannot comply with the dimensional requirements of the Zoning Code.
[2]
Use variances are required when the proposed land use activity is not permitted in the zone district or at the specific location.
(b)
Procedure and application required. All variance requests shall be subject to public hearing and the procedures established or authorized by NYS Town Law § 267-b and this code. All variances requested shall be submitted on forms required by the Town. Application forms and guidelines are available from the Department of Planning and Development. A graphic plan for the proposed development of a site for a use or structure shall accompany an application for a variance. This plan shall show the features of the site, the proposal and any pertinent information in a level of detail established by the ZBA.
(c)
Appropriateness of variance proposal. No variance shall be granted unless the ZBA finds that the standards established by NYS Town Law § 267-b have been met by the applicant. The reasons for approval, approval with conditions or disapproval shall be documented and appropriately filed in Town offices.
(d)
Imposition of conditions. The ZBA may, when approving a variance request, impose conditions which shall be documented and appropriately filed in Town offices.
E.
Interpretations.
(1)
Purpose. Interpretations offer an opportunity to evaluate and change or modify the decision of an enforcement officer or another administrative Town official or board in their/its application of the Zoning Code.
(2)
Authority.
(a)
Applicability. Pursuant to NYS Town Law § 267-b, Subdivision 1, the ZBA, upon request, shall interpret any administrative decision derived from the enforcement or application of any part of the Zoning Code or Zoning Map. Any aggrieved party may request the ZBA to examine the decision or interpretation of a Town official that is enforcing this Zoning Code. The ZBA interpretation shall be the final decisions.
(b)
Procedure and application required. All interpretation requests shall be subject to public hearing and the procedures established by this code. All interpretation requests shall be submitted on forms required by the Town. If applicable, a plan for the proposed development of a site for a use or structure shall be submitted with an interpretation request. Such plan shall show the features of the site and proposal and any pertinent information in a level of detail set by the ZBA.
(c)
Decision. Any decision by the ZBA for an interpretation shall follow the same procedures and requirements for a variance. In considering an interpretation, the ZBA may consider the language of the code, the graphic representation of the Zoning Map, existing conditions of areas affected by the interpretation request, the intent of the Town in establishing the subject zoning requirements, and/or any other relevant materials that can aid in its evaluation.
§ 230-26 Planning Board.
This section establishes and describes the responsibilities of the Town of Clay Planning Board. It includes the grant of authority by the Town Board, a delegation of power to conduct and approve certain kinds of land development actions, procedural requirements and standards of approval to guide the Board in its authorized actions.
A.
Establishment. The Planning Board was created pursuant to New York State Town Law § 271, consisting of seven members. Board composition, terms, compensation and eligibility for membership; employment of staff and other relevant factors for the conduct of the Planning Board shall be decided in conformance with the requirements of NYS Town Law.
B.
Powers and duties.
(1)
Comprehensive planning. Pursuant to NYS Town Law § 272-a, the Planning Board shall be responsible for periodically investigating and reporting on the future growth and land development issues within the entire area of the Town of Clay, exclusive of the incorporated limits of the Village of North Syracuse.
(2)
Subdivision of land. Pursuant to NYS Town Law §§ 276 through 279, the Planning Board is authorized (see also Town of Clay Subdivision Regulations[1]) to review, approve, approve with modifications or disapprove the following:
(a)
All subdivision plats with or without streets showing lots, blocks or sites; and
(b)
Any changes in the lines of existing streets, highways or public areas shown on subdivision plats filed in the Office of the Onondaga County Clerk or on plans and/or maps adopted by the Town of Clay; and
(c)
Any changes in the layout, closing or abandonment of such streets, highways, or public areas pursuant the applicable to the provisions of the NYS Town and Highway Laws; and
(d)
Upon authorization by the Town Board for each specific application, voluntary or mandatory cluster development pursuant to and as defined by § 278 of the Town Law that modifies zoning regulations simultaneously with subdivision review.
(e)
The Planning Board is further authorized to adopt or amend, after it conducts a public hearing and the approval by the Town Board, subdivision rules and regulations.
(3)
Special use permits. Pursuant to NYS Town Law § 274-b, the Planning Board is authorized to review, approve, approve with modifications or disapprove applications for those special permits assigned to the Planning Board in this code in accordance to the standards or criteria adopted in that section (see § 230-27).
(4)
Site plan reviews. Pursuant to NYS Town Law § 274-a, the Planning Board is authorized to review, approve, approve with modifications or disapprove applications for site plan review designated in this code to the standards or criteria adopted in this section.
(5)
Advisory referrals and other powers. The Planning Board shall also exercise all other powers conferred upon it by the provisions of this code and NYS Town Law. It shall rule upon all matters which may be referred to it from time to time by resolution of the Town Board. It shall conduct hearings and perform its duties in accordance with the procedures provided in the applicable sections of the Town Law and of this Zoning Code.
D.
Site plan review.
(1)
Purpose. Site plan review seeks to promote the optimum site design within the limits of the dimensional requirements established in the zone district regulations. The following standards and procedures regulate the placement and design of buildings and improvements on a single property in order to achieve physical arrangements that are most appropriate to site conditions, public services, environmental resources and neighborhood character.
(2)
Authority.
(a)
Compliance with review.
[1]
No land use, building, structure or improvement requiring site plan review by this Zoning Code shall be constructed, occupied, modified, altered or changed, except in compliance to the procedures and standards of this section.
[2]
Any previously established use or structure legally existing prior to the enactment of this code, but which is now subject to site plan review, shall be subject to the provisions of this section.
(b)
Relationship to variances. In the event that an area variance from zoning dimensional requirements is necessary, the Board of Zoning Appeals may simultaneously review and decide such a request during the Planning Board's review of the site plan.
(c)
Site plan review exemptions. See § 230-28 for minor modifications to approved plans (Office of the Commissioner of Planning and Development).
(d)
Procedure and application required. All requests for site plan review shall be subject to public hearing and the procedures established or authorized by this code and shall be submitted on forms required by the Town. Application forms and guidelines are available from the Department of Planning and Development. A graphic plan for the proposed development of a site shall accompany an application for a site plan review. This plan shall show the features of the site, the proposal and any pertinent information in a level of detail established by the Planning Board.
(e)
Appropriateness of site plan review proposal. No site plan review shall be granted unless the Planning Board finds that the standards established by this code have been met by the applicant. The reasons for approval, approval with conditions or disapproval shall be documented and appropriately filed in the Town offices.
(f)
Imposition of conditions. The Planning Board may impose conditions when approving a site plan, which shall be documented and appropriately filed in Town offices.
(3)
General site plan standards of review. This subsection has two parts: Part 1 contains general standards applicable to all site plan uses; Part 2 contains standards applicable to certain specified uses in addition to the general standards of Part 1.
(a)
Part 1. All applications for site plan review shall meet the following minimum standards of performance and that are elaborated upon in the guidelines for a site plan review available from the Department of Planning and Development.
[1]
Zoning compliance. All development depicted in the proposed site plan shall comply with the applicable intent and regulations of the Town Zoning Code, including the specific zone district in which it is located and to any other applicable Town, county, state or federal regulations.
[2]
Relationship to site conditions. Any proposed development shall be appropriate to the existing or proposed site conditions, such as slope, soil or drainage patterns. Any changes in grade, ground cover or vegetation shall not cause erosion or adverse effects on drainage patterns and shall be appropriately designed for the site.
[3]
Relationship to surrounding properties.
[a]
The proposed site plan shall ensure that the size, placement, design and construction materials of any buildings or improvements are compatible to the character and use of surrounding properties and neighborhood.
[b]
The proposed site plan shall ensure that drainage, lighting, signage and any other exterior effects of the proposal do not adversely affect surrounding properties.
[4]
Vehicular and pedestrian circulation. There shall be safe, efficient vehicular and pedestrian movement within the site, to neighboring properties and in relationship to streets serving the site.
[5]
Services and utilities. The proposed site plan shall contain provisions for water supply, wastewater disposal, drainage, fire protection and solid waste disposal that are adequate for the proposed use, established in conformance with applicable permit standards and procedures, and are consistent to the Town's long-term objectives for public facilities and services.
[6]
Environmental resources. The site shall be located, designed and operated in a manner that avoids or minimizes disturbance of significant natural or cultural resources; is consistent with the site's soil capabilities to accommodate the development; provides overland drainage systems and controls stormwater runoff in a manner conforming to area-wide drainage plans and Town planning objectives; and complies with applicable county, state or federal regulations for significant environmental resources.
[7]
Aesthetics.
[a]
The site shall be designed to include building materials, screening, landscaping treatments of structures, parking, drainage and storage areas that are consistent with existing development and aesthetic standards or any guidelines promulgated by the Town, which minimize adverse visual effects on surrounding properties or public rights-of-way.
[b]
Lighting and signage shall be appropriate in size, color and placement for the site and for the character of the surrounding area and shall have no adverse impact on surrounding properties.
[8]
Emissions. The detection of any noise, smoke, heat or odor shall be within limits established by this code or other applicable laws or regulations. Such emissions shall be minimized and directed away from surrounding properties. Mechanical devices or attachments associated with these emissions are to be installed and maintained in accordance with applicable health and safety codes and adequately screened from view.
[9]
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of § 230-20D shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards § 230-20D. The approved site plan shall be consistent with these provisions.
[Added 1-23-2008 by L.L. No. 3-2008]
(b)
Specific site plan review standards (Part 2). (Reserved)
E.
Town Board referrals. The Town Board shall refer to the Planning Board for its advisory opinion on all requests for zoning amendments. The Town Board may submit other matters for Planning Board comment (see also § 230-24, Town Board). The Planning Board shall respond to the Town Board in the following manner:
F.
Cluster development.
[Amended 10-1-2012 by L.L. No. 4-2012]
(1)
Intent.
(a)
The purpose of a cluster development is to promote subdivision development which offers variety in lot size, site configuration, reduced stormwater impacts, and affordable options in response to topography and natural features. This alternative shall result in design and development which promotes the most appropriate use of the land, facilitates the adequate and economical provision of streets and utilities and preserves the natural and scenic qualities of open land.
(b)
Recent changes in the NYS Stormwater Management Design Manual have increased the desirability of clustering to reduce impervious cover, preserve additional open space, and protect water resources.
(2) CLUSTER DEVELOPMENT PRE-APPLICATION REVIEW PRELIMINARY PLAT CLUSTER APPLICATION
Definitions. As used in this Subsection F, the following terms shall have the meanings indicated:
A subdivision plat or plats, approved pursuant to this article, in which the applicable zoning code or local law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines, and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.
This step begins with a dialogue between the applicant and the Town; and it does not commit the Town Board to accept a clustering application.
A cluster application shall consist of a preliminary plat application, clustered density calculation, and the fee for the same. Said preliminary plat application shall be submitted only after a pre-application review with the Town Board is held.
(3)
Authorization required.
(a)
Following the pre-application review, a cluster application shall be submitted and a public meeting at the Town Board shall be required.
(b)
The Town Board shall consider the proposal and vote to accept, modify or reject the clustering proposal. If the Town Board accepts or modifies the clustering proposal, it shall prepare a written resolution indicating its findings and its willingness to entertain a cluster development. It shall also authorize the Planning Board to continue with the preliminary plat cluster application. It may instruct the Planning Board of specific conditions that shall be attached to the project. The resolution shall include a copy of the accepted written graphic plans, any SEQRA-related materials, and other relevant information.
(c)
The Town Board may authorize the Planning Board, on a case-by-case basis, pursuant to Town Law §§ 276, 277, and 278 and pursuant to Chapter 200, Subdivision of Land, of the Town of Clay Code, to vary the zoning requirements as to lot size, lot width and setback requirements in connection with a proposed subdivision plat, subject to the standards and procedures contained herein. Such variations shall result in cluster developments, still maintaining its original zoning designation.
(d)
Unless otherwise stated in their resolution, Town Board authorizations for cluster development shall be valid for one year from the adoption date of such resolution to obtain preliminary approval.
(4)
Procedure. Application for a cluster development procedure shall be submitted to the Planning Board and acted on in the same manner as required for subdivision plans as set forth in Chapter 200, Subdivision of Land, of the Code of the Town of Clay. The proposed development shall be subject to review at a public hearing or hearings pursuant to Chapter 200 of the Town of Clay Code.
(6)
Minimum cluster site area. To be eligible for clustering, a site shall have a minimum of 20 acres in the specified residential zones.
(7)
Minimum lot size. Residential building lots shall not be reduced on the proposed clustered site to be less than the zone district having the next lesser lot size required by the Zoning Code (for example, R-40 to R-15).
(8)
Limit on setback reductions. This authorization shall not allow the reduction of setbacks to zero feet that may result in attached single-family structures or multiple-family dwellings.
(9)
Clustered density calculation. The density calculation shall be based on the total approvable number of lots conforming to the conventional requirements and after deducting those areas that would not normally be included with such approvable lots. Deducted areas include but are not limited to:
(a)
Residential: roads, designated floodplain areas, wetlands, ponds, streams, and stormwater detention areas.
(10)
Minimum open space. There shall be a minimum of 20% of preserved open space and/or natural features resulting from each clustered site, after the deductions indicated in this section.
(a)
The developer will propose the specific areas to be retained as open space, subject to the approval of the Planning Board. The preserved open space shall be used for purposes such as: preserving important features, providing passive recreational opportunities, or preserving views.
(b)
The preserved open space resulting from the proposed clustering is separate from and in addition to any lands required pursuant to the park and recreation requirements of this code.
(c)
The Planning Board as a condition of plat approval may establish such conditions on the ownership, use, and maintenance of such open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. The Town Board may require that such conditions shall be approved by the Town Board before the plat may be approved for filing.
(11)
Restriction and recording of preserved open lands. Open space created by the use of cluster development shall be clearly labeled on the final plat as to its shape, use, ownership, management, method of preservation and the rights to such land, if any, of the property owners of the subdivision and the general public. The final plat should clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots. It shall also clearly indicate any other legal instruments, such as conservation easements or deed restrictions, employed to implement the preservation of open space.
(12)
Modification of Town cluster criteria. The Town Board, upon request or upon its own initiative, may modify the cluster criteria by finding that the proposed cluster development is reasonable for the site and meets the intent of this section.
§ 230-27 Special permit review.
This section establishes and describes the procedures and standards for special permit reviews by all boards within the Town of Clay. It includes the grant of authority by the Town Board for each board to conduct reviews and approve or disapprove requests for special permit.
A.
Purpose. The special permit approval process seeks to ensure that certain permitted uses are established in a manner that is appropriate and compatible to a site, neighborhood and zone district.
B.
Authority. Individual special permits are assigned by this code to the review authority of any one of the following boards: Town Board, ZBA or Planning Board. Refer to each zone district or the supplemental regulations to determine the exact board for a specific land use activity or structure. The ZBA and Planning Board shall apply the provisions of this section to their respective reviews of special permit proposals. The Town Board may consider other factors or concerns it deems relevant to its review of a special permit proposal.
C.
Designation of land uses and/or structures. A special permit is required for those uses or structures so designated within a zone district or other sections of this code. These uses or structures are hereby declared to possess characteristics of such unique and/or special form that each shall be considered as an individual case. Some uses or structures, specified in the specific standards of approval, shall be subject to the satisfaction of additional requirements and standards set forth in this section and to any other applicable requirements of this chapter.
D.
Relationship to variances. When necessary, the simultaneous review of a special permit with an area variance for the same proposed development may occur and shall be coordinated among the appropriate reviewing boards. The ZBA may simultaneously review and decide on an area variance from zoning dimensional requirements if such area variance request is necessary.
E.
Procedure and application required. All special permit requests shall be subject to public hearing and the procedures established or authorized by this code. All proposed special permits shall be submitted on forms required by the Town. Application forms and guidelines are available from the Department of Planning and Development. A graphic plan for the proposed development of a site for a use or structure shall accompany an application for a special permit. This plan shall show the features of the site, the proposal and any pertinent information in a level of detail set by the reviewing board.
F.
Appropriateness of special permit proposal. No special permit shall be granted by the reviewing board unless it finds that the use or structure for which the special permit is sought will not, under conditions that the reviewing board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
G.
Imposition of conditions. The reviewing board may impose conditions when approving a special permit which shall be documented and appropriately filed in Town offices.
H.
Limits on special permit approval.
(1)
A special permit shall be deemed to authorize only one use or structure, unless specifically authorized by the reviewing board.
(2)
Special permit authorization shall expire or be voided if the proposal fails to be initiated by issuance of a building permit within 12 months of approval; or after a maximum of two twelve-month extensions have been granted by the Commissioner.
I.
Standards of approval. This section has two parts: Part 1 contains general standards applicable to all special permit uses; Part 2 contains standards applicable to certain specified uses in addition to the general standards of Part 1. All applications for a special permit shall meet the following minimum standards of performance that are elaborated upon in the guidelines for a special permit available from the Department of Planning and Development.
(1)
Special permit standards of review: general (Part 1).
(a)
General codes compliance. The proposed use or structure shall comply with the applicable intent and regulations of the Town Zoning Code, including the specific zone district in which it is located, and to any other applicable Town, county, state or federal regulations.
(b)
Conformance to Town planning.
[1]
The proposed use or structure shall be so located and designed that it is compatible in size and character to existing patterns of development and land uses and/or is consistent with the long-term development objectives for the affected portions of the Town.
[2]
The proposed use or structure shall be appropriately located with respect to the existing pattern of streets and other facilities, including but not limited to: water, sanitary lines and drainage systems; and will not adversely affect the functioning of these facilities nor impede any planned improvements.
(c)
Scale of development. The scale and design of the proposed use or structure shall be physically and visually compatible with the conditions of the site and surrounding properties and will be developed in a manner that ensures the provision of necessary public facilities, improvements and landscaping.
(d)
Vehicular and pedestrian circulation. There shall be safe and efficient vehicular and pedestrian movement within the site, to neighboring properties and in relationship to any streets serving the site.
(e)
Public safety, services and utilities. The proposed use or structure shall be served with adequate water supply, wastewater disposal and drainage facilities in compliance with applicable local, state or federal requirements and shall include satisfactory provision for solid waste disposal, fire, police and emergency service protection, utilities and other services necessary to support the proposed use or structure.
(f)
Environmental resources. The proposed use or structure shall be located, designed and operated in a manner that avoids or minimizes disturbance of significant natural or cultural resources; is consistent with the site's soil capabilities to accommodate the use or structure; provides overland drainage systems and controls stormwater runoff in a manner conforming to area-wide drainage plans and Town planning objectives; and complies with applicable county, state or federal regulations for significant environmental resources.
(g)
Aesthetics.
[1]
The site shall be designed to include building materials, screening, landscaping treatments of structures, parking, drainage and storage areas that are consistent with existing development and aesthetic standards or any guidelines promulgated by the Town, which minimize adverse visual effects on surrounding properties or public rights-of-way.
[2]
Lighting and signage shall be appropriate in size, color and placement for the site and the character of the surrounding area and shall have no adverse impact on surrounding properties.
(h)
Emissions. The detection of any noise, smoke, heat or odor shall be within limits established by this code or other applicable laws or regulations. Such emissions shall be minimized and directed away from surrounding properties. Mechanical devices or attachments associated with these emissions are to be installed and maintained in accordance with applicable health and safety codes and adequately screened from view.
(2)
Special permit standards of review: specific (Part 2).
(a)
Home occupation; intent. The following provisions specify and explain the conditions under which a home occupation may be established and operated. These criteria are intended to fulfill the definition and are intended to allow residents to conduct certain incidental business activities within their homes while not altering the primary use or appearance of the property as a residential dwelling.
[1]
Limit on number. There shall be only one home occupation allowed per dwelling unit.
[2]
Applicant. The owner of the property or authorized representative shall be the applicant in all cases.
[3]
Discontinuance. A home occupation discontinued for any reason for a period of six consecutive months may not be reestablished without reapplication to the Zoning Board of Appeals in compliance with these regulations.
[4]
Transfer. A home occupation permit is specifically issued to the residents of the dwelling, and shall terminate upon the departure of those residents and may not be transferred to a new resident without the express approval of the Zoning Board of Appeals.
[5]
Preexisting. No home occupation existing on the date of enactment of this code may be modified or altered in any way, except in compliance with this section.
[6]
Employees. There shall be no nonresident employees of a home occupation with the following exception: nonresident employees are permitted for any profession that is mandated by state or federal professional licenses to require on-premise attendants, assistants or similar employee aides.
[7]
Exterior display. To ensure that no exterior display or indication of the activity shall be visible to the general public, the following are prohibited, including, but not limited to:
[a]
Outdoor sales or display of items for sale;
[b]
Signs, except one identification sign measuring two square feet and subject to the sign standards of § 230-22;
[c]
On-site parking of more than one commercial vehicle associated with the home occupation, unless housed in an enclosed residential garage;
[d]
Any variation in the residential character of the property, such as construction of a separate entrance, other exterior structural alteration (such window and lighting modifications), or the addition of parking area beyond what is explicitly authorized by the ZBA;
[e]
Outdoor storage of any materials, goods, vehicles, machinery or similar materials associated with the home occupation;
[f]
Production by the home occupation activity of odor, noise, lighting, or vibration.
[8]
Location. A home occupation or parts of a home occupation activity may be located in the principal structure, accessory structures or combination of structures. No exterior area is to be used in conjunction with the activity, except for authorized parking spaces.
[9]
Maximum extent. The maximum allowable gross floor area of a home occupation shall be calculated based upon the total first floor area of the principal structure. Regardless of location, the home occupation shall not utilize more than 25% of the first floor area of the principal structure or a cumulative total of 500 square feet, whichever is less. All areas devoted to the use of the home occupation shall be shown on a floor plan submitted with the special permit application.
[10]
Sales. On-premises sale of merchandise is prohibited, except where clearly incidental and secondary to the home occupation, limited in scope, and where there is no exterior evidence of items for sale. This shall not prevent on-premises sales or mail-order handling of materials stored and shipped from off-site.
[11]
Delivery vehicles. The home occupation shall not increase the number or type of delivery vehicles customary to a dwelling.
[12]
Parking and pavement. A minimum and/or a maximum number of parking spaces shall be specified by the ZBA. The ZBA may also specify the location and extent of parking areas.
[13]
Hours. Hours of operation shall not exceed from 7:00 a.m. to 9:00 p.m.
[14]
Hazards. The home occupation shall not create any hazard to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat, or glare on surrounding properties.
[15]
Group activity. The ZBA may limit the number and locations within the property where individuals or students shall receive group services or instruction.
[16]
Multifamily dwellings. Home occupations shall be allowed in multifamily dwellings, but only within those units that have direct pedestrian access to the outside of the structure and do not require any customer or client of the home occupation to use a shared or common corridor. The Zoning Board of Appeals may impose additional requirements on home occupations in multiple-family dwellings for the protection of other residents.
[17]
Additional conditions. The ZBA may impose additional conditions upon the home occupation to preserve the residential character of the site and neighborhood.
(b)
Drive-in service.
[1]
Vehicular circulation. The lot shall have sufficient area and frontage for safe and efficient vehicular access, egress, internal circulation and provision of services without adversely affecting the flow of traffic on the abutting streets.
[2]
Vehicular stacking. Provision for the stacking of five vehicles waiting for service shall be maintained on site for each drive-in service window or unit.
[3]
Landscaped buffer. On each lot line abutting a residential use, there shall be a landscaped buffer, eight feet in width measured from the lot line, planted with a staggered double row of evergreen trees, installed at a height of four feet, on six-foot centers, and maintained to a height of at least six feet. The reviewing board may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential use.
[4]
General landscaping. A landscaped area shall be maintained (exclusive of driveways) on all sides of the property having street frontage or abutting nonresidential uses; treatment shall be of grass, ornamental stone, or evergreens maintained below two feet in height, and surrounded by curbing (wood, stone, concrete) four to six inches in height. The landscaped area shall be of sufficient width and length for snow storage needs and to separate the site's vehicular areas from those of abutting uses and the streets.
(c)
Motor vehicle service and repair.
[1]
The lot shall have sufficient area and frontage for safe and efficient vehicular access, egress, internal circulation and servicing of vehicles without adversely affecting the flow of traffic on the abutting streets.
[2]
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 75 feet from any intersecting street right-of-way line.
[3]
All fuel pumps and service areas shall be located at least 30 feet from any street line or 30 feet from any other lot line.
[4]
All fuels, including fuel oil, gasoline or similar substances, shall be stored in underground tanks at least 35 feet from any lot line, and tanks shall be installed and maintained in accordance with the current standards of the National Board of Fire Underwriters and the NYS Uniform Fire Prevention and Building Code. Vents must be at least 25 feet from any lot line.
[5]
Any inactive flammable liquid/fuel storage tank below grade must be removed within six months after the dispensing of fuel or the use of the tank has ceased.
[6]
All repair, painting, servicing or storage of parts, equipment, and containers of solvents, lubricants, waste oil and similar materials used directly in the operation of the use (other than dispensing of fuel, oil, water and air to vehicles) must be performed and contained within a principal or accessory structure.
[7]
Vehicles awaiting routine repair must be stored on site, but not between the front building line and front property line.
[8]
On each lot line abutting a residential use, there shall be a landscaped buffer, eight feet in width measured from the lot line, planted with a staggered double row of evergreen trees, installed at a height of four feet, on six-foot centers, and maintained to a height of at least six feet. The Board of Appeals may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential use.
[9]
A landscaped area shall be maintained (exclusive of driveways) on all sides of the property having street frontage or abutting nonresidential uses; treatment shall be of grass, ornamental stone, or evergreens maintained below two feet in height, and surrounded by curbing (wood, stone, concrete) four to six inches in height. The landscaped area shall be of sufficient width and length for snow storage needs and to separate the site's vehicular areas from those of abutting uses and the streets.
[10]
Waste disposal and similar accessory service areas shall be adequately screened from view and maintained to avoid any discharge of hazardous materials to the surface drainage system.
(e)
Utilities substation.
[1]
Notwithstanding anything set forth in any other section of this Zoning Code to the contrary, the following public utility uses shall be authorized within any district in the Town of Clay only upon the issuance of a special permit by the Town Board upon the determination by said Board that there is a sufficient compliance with the requirements of this section:
[a]
Utility substation;
[b]
Public transit or railroad electric substation;
[c]
Public utility stations for gas or oil metering and regulating;
[d]
Telephone exchange or other community equipment substations;
[e]
Terminal facilities at river crossings for access to electric, gas or steam lines;
[f]
Water or sewage pumping stations;
[g]
Communication towers, radio and television towers, relay stations, or transmitting or booster antennas;
[h]
Sewage treatment plants; and
[i]
Other public utility uses which are of the same general character as those listed above.
[2]
Utility substation procedure. The following procedure shall govern the issuance of a special permit for the public utility uses authorized in Subsection I(2)(e)[1] above:
[a]
An application for a public utility permit shall be made to the Town Board. The Town Board shall refer the application to the Planning Board for its review and recommendations to the Town Board. The application for the permit shall be on forms required by the Town and include a detailed graphic plan, including a detailed landscaping plan.
[b]
The Planning Board shall review the application to determine if the plans comply with the requirements hereinafter set forth within 45 days after receipt of the application. The Planning Board shall deliver a written report to the Town Board in which it shall recommend approval, approval with modification, or disapproval of the application and shall state the reasons for its recommendation.
[c]
The Town Board, after a public hearing, may approve, approve with modification, or disapprove the application. The Town Clerk shall give notice of such hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such hearing will be held and in general terms describing the application. Said notice shall be published at least 10 days prior to the day of the hearing.
[d]
The Commissioner of Planning and Development shall issue a building permit pursuant to said approval or approval with modification, upon finding compliance with all other applicable provisions of law.
[3]
Utility substation requirements and regulations.
[a]
The public utility structures and uses authorized in Subsection I(2)(e)[1] shall conform to all the regulations of the district in which they are located and to any particular regulations which apply under other provisions of this chapter. In addition, there shall be reasonable compatibility in all respects with any structure or use in the neighborhood, actual or permitted, which may be directly and substantially affected.
[b]
Public utility structures and uses shall be situated upon the site with consideration given for layout, public safety, health, screening, signs, access, landscaping, driveway and highway access, and architecture or design so that:
[i]
The flow, control and safety of traffic shall not be adversely affected to an unreasonable degree;
[ii]
There shall be reasonable provision for open spaces and yards, appropriate to the structure and use;
[iii]
The utility shall not be in conflict with other utilities in the area;
[iv]
The uses and facilities affixed to the land shall not be located closer than 20 feet to any lot line, and any television, radio, or other type of tower shall be located on a lot which is of sufficient size so its setback will be at least the height of the structure plus 25 feet;
[v]
All parking for service and employees shall be on site;
[vi]
The structure shall be adequately landscaped with year-round evergreen shrubbery and trees; and electric or gas utility substations or water pumping stations shall be surrounded with fences, barriers, and safety devices prescribed by the Town Board;
[vii]
The location and height of buildings, the location, nature and height of walls, fences and other structures, and the nature and extent of drainage and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent lands and buildings, nor impair the value thereof;
[viii]
The outside storage of equipment shall not be permitted on the site; all lighting shall be directed away from adjacent lots and public thoroughfares; and
[ix]
The Town Board may require additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including performance standards governing noise, vibration, smoke and other particulate matter, odorous matter, toxic or noxious matter, radiation hazards, humidity, heat or glare applicable to the district in which such use, building or other structure, or tract of land is located.
§ 230-28 Office of Commissioner of Planning and Development (Department of Planning and Development).
This section sets forth and describes the responsibilities of the Office of Commissioner of Planning and Development for the Town of Clay. It includes the grant of authority by the Town Board, a delegation of power to administer and apply the Zoning Code and to provide necessary support to the various boards within the Town.
A.
Establishment. The Office of Commissioner of Planning and Development is established by Chapter 14, Article III, and Chapter 81 of the Town of Clay Municipal Code. The Commissioner, by authority of this code, is further authorized to administer the Town Zoning Code and Subdivision Regulations[1] at the direction of the Town Board, Planning Board and Zoning Board of Appeals and to assume other responsibilities as directed by these Boards.
B.
Powers and duties.
(1)
Building permits. The Commissioner shall be responsible for the issuance or denial of building permits for any activity requiring such permit by this Zoning Code pursuant to Chapter 81 of the Town Municipal Code.
(2)
Certificates of occupancy. The Commissioner shall be responsible for the issuance or denial of certificate of occupancy for any activity requiring such permit by this Zoning Code, pursuant to Chapter 81 of the Town Municipal Code.
(3)
Minor modifications to approved site plans. The Commissioner is authorized to approve, approve with modifications, or disapprove minor modifications to site plans for uses and structures subject to site plan review by the Planning Board.
(4)
Subdivision adjustments. The Commissioner is authorized to approve, approve with modifications, or disapprove minor adjustments to lot lines, including relocation of a lot line, consolidation of lots, and transfer of portions of lots between adjacent properties.
(5)
Guidelines, procedures, rules and regulations. The Commissioner shall be responsible for maintaining records and developing appropriate forms to process applications for building permits or certificates of occupancy, and offering the necessary assistance to applicants and Town officials in the application of the Zoning Code and Subdivision Regulations.[2]
(6)
Technical support to boards. The Commissioner shall be available to advise and support the various boards of the Town government, including assistance in applying the Zoning Code and Subdivision Regulations; drafting forms, guidelines or procedures for board adoption; analyzing zoning or subdivision applications.
(7)
Commissioner's discretion for application submission requirements. The Commissioner is authorized to modify the contents of any material required for submission for any zoning or subdivision application. Such modification shall be:
(a)
Limited to the level of detail of information to be presented (e.g., scale of plans, material specifications, or degree of measurement or accuracy); and
(b)
Based upon an understanding that the level of submission is appropriate to the stage of board review and the complexity of the proposal; and
(c)
Received by the reviewing board, which may require additional materials to be submitted in the course of its review.
(8)
Other powers and responsibilities. The Commissioner shall be responsible for such other responsibilities as described in Chapter 14, Article III, and Chapter 81 of the Clay Municipal Code and any other powers or responsibilities delegated by the Town Board, Zoning Board of Appeals or Planning Board.
C.
Building permits. See Chapter 81.
D.
Certificates of occupancy. See Chapter 81.
E.
Minor modifications to approved site plans. This section establishes standards of review for changes to a site that has been previously granted site plan approval. No board review is likely for changes within the standards of Subsection E(1) below; however, the applicant will be responsible for building, occupancy or similar permits which may be necessary. Subsection E(2) describes when some larger modifications may be approved by the Commissioner. Any change exceeding the requirements of Subsection E(1) and (2) shall be considered a substantial modification and must be approved as a new proposal.
(1)
Nonsubstantial modification. The Commissioner has the authority to issue a building permit or certificate of occupancy for additions or modifications of land uses and/or structures previously subject to site plan review approval, provided there is not more than one proposed addition or modification within any twenty-four-month time period, and the proposal adds less than 50% of the ground-level space of the existing building or structure, or less than 10,000 square feet, whichever is less; or is found by the Commissioner of Planning to comply with the following:
(a)
Dangerous condition: removal or repair of a dangerous condition determined by an enforcement agency that circumstances exist which, if not corrected, contribute a threat to life, health or safety of the general public or such other persons for whose protection such regulations were intended. Such determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Town.
(b)
Principal and accessory structures: routine repair, replacement or maintenance of electrical or mechanical installations, or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacements.
(c)
Ownership: changes in ownership or management of an establishment, excluding a home occupation, which do not change the use of the property.
(d)
Lot dimensions: any change or modification in lot configuration, if it does not substantially affect an approved site plan.
(e)
Parking: replacement or repair of existing pavement or painting of driveway and parking areas without altering the approved traffic pattern.
(f)
Landscaping: routine landscaping and plant replacement, establishment of new landscaped areas without altering the approved vehicular or pedestrian circulation and parking patterns; such changes should be consistent with any applicable controls in the approved plan concerning height, location, and visibility.
(g)
Screening devices: repair or replacement, in kind, of existing required screening devices.
(h)
Signs: repair or replacement, in kind, of existing signs, including changes in text.
(2)
Additional authority for Commissioner to approve site plan modifications. The Commissioner has the authority to approve, approve with modifications or disapprove any proposed addition or modification that exceeds the standards of Subsection E(1) above, upon finding that the proposed addition or modification remains within the intent of the Planning Board's original site plan approval. The Commissioner may, at any time, consult with the Planning Board to determine the appropriateness of the Commissioner's review. The Commissioner may, at any time, find that the proposal is beyond the scope of the original approval, decline to act, and require a new submission to the Planning Board.
(4)
Procedures and submissions for minor modifications.
(a)
The applicant shall submit to the Commissioner written and/or site plan materials adequately describing the nature of the proposed modification.
(b)
The Commissioner shall evaluate the nature and extent of the proposed modifications.
(d)
Copies of the approved modifications shall be filed in the original, official file and transmitted to the applicant.
F.
Subdivision adjustments. This section describes the circumstances and standards under which proposed subdivisions may be approved by the Commissioner of Planning and Development. It establishes a subgroup of subdivision actions that, while complying with the standards of Town's Subdivision Regulations[3] and Zoning Code, do not need Planning Board review or approval.
(1)
Purpose. This section is to allow for the minor reallocation of land between existing lots while not altering the allowable use of the lots or the infrastructure of the area. It may be used to correct platting errors or to facilitate a more effective use of a lot.
(2)
Authority.
(a)
The Commissioner is authorized to approve, approve with modifications or disapprove subdivision adjustments.
(b)
The Commissioner shall not adjust lot lines on more than 50% of the original lots contained in a filed or unfiled plat.
(c)
Standards of approval.
[1]
Each lot affected by a proposed lot line relocation or line removal must comply with the minimum dimensional requirements of the applicable zone district.
[2]
The lot line relocation may be for any purpose, such as improved landscape buffer, snow storage, or reorientation of buildings.
[3]
No lot line adjustment shall increase the degree of any nonconformity.
[4]
A consolidation of land shall result in a lot(s) that meets the minimal dimensional requirements of the applicable zone district. Legal nonconforming lots may be consolidated, resulting in a single lot with a diminished degree of nonconformity; an area variance may still be required.
[5]
No subdivision adjustment shall result in a lot or lots that could substantially alter the purpose or impact of an existing site development, unless the land use or structures are subject to appropriate reviews by applicable Town boards. Such adjustment shall be conditioned upon the issuance of the approvals from the appropriate Town board(s).
(3)
Procedure.
(a)
All requests for minor subdivision adjustment shall be submitted on forms available from the Office of Planning and Development.
(b)
Simultaneous requests for subdivision adjustment shall be submitted by each affected property owner when a proposed subdivision adjustment is for a transfer of land area between two separate properties. This is to avoid even the temporary creation of a strip or configuration of land not complying with the zoning requirements.
(c)
All subdivision adjustments shall be filed according to the Town and county procedures and standards applicable to subdivision plats prior to any conveyance, development or permits.