Clayton City Zoning Code
§ 235-3
Establishment of zoning districts.
A.
District designations. The Town of Clayton, outside of the incorporated Village of Clayton, is hereby divided into the following zoning districts:
A-IR | Agricultural and Island Residential |
AR | Agricultural and Rural Residential |
B | Business |
CON | Conservation |
H | Hamlet |
ID | Industrial |
MD | Marine Development |
MD2 | Marine Development 2 |
MR | Marine Residential |
R-1 | Residential |
SPO | Scenic Protection Overlay District[1] |
CRCWRA | Chaumont River Corridor Waterfront Revitalization Area [Added 5-10-2017 by Amdt. No. 40] |
PDD | Planned Development District [Added 4-14-2021 by L.L. No. 2-2021] |
NDD | Neighborhood Development District [Added 4-14-2021 by L.L. No. 2-2021] |
(1)
A-IR Agricultural and Island Residential.
(a)
Purpose. To provide a low-density mix of agricultural, residential uses consistent with rural open space and characteristics which are both appropriate to and compatible with the maximum protection of the aesthetic and environmental quality of the St. Lawrence River and its tributary waters.
(b)
The boundary of the Agricultural and Island Development district is designated as follows: the district boundary is all that land that is 400 feet inland of the high water mark surrounding Grindstone Island, and the district shall encompass all of the land to the interior of the district boundary as depicted on the most current Zoning Map on file at the Town Clerk's office. The Zoning Map, as filed in the Town Clerk's office, shall be amended and redated to reflect the boundaries of the Agricultural and Island Residential district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
AR Agricultural and Rural Residential.
(a)
Purpose. To provide a low-density mix of agricultural and rural residential uses with compatible accessory uses so as to afford maximum preservation of rural open space and characteristics.
(3)
B Business.
(a)
Purpose. To provide a safe and efficient setting for business and commercial uses that minimizes conflict with residential areas.
(4)
CON Conservation.
(a)
Purpose. To provide for the appropriate use of environmentally sensitive and/or scenic lands, and the preservation of natural surroundings.
(5)
H Hamlet.
(a)
Purpose. To provide for a compatible mix of residential and commercial uses in a rural population center with greater-than-rural density.
(6)
ID Industrial.
(a)
Purpose. To provide a safe and efficient setting for those industrial activities and other uses that are compatible with the nature of the Town.
(7)
MD Marine Development.
(a)
Purpose. To provide for the development of marine-dependent and commercially related uses in an ecologically sound manner, so as to afford maximum protection for the aesthetic and environmental quality of the St. Lawrence River and its tributary waters.
(8)
MD2 Marine Development 2.
(a)
Purpose. To provide a multi-use district for the development of water-dependent, commercially related uses, marine manufacturing and other business opportunities in an ecologically sound manner, so as to afford maximum protection for the waterfront setting and environmental quality of the St. Lawrence River and its tributary waters.
(b)
The Marine Development 2 District (MD2) is hereby established as a floating district. Although there are many potentially adequate sites within the Town of Clayton for the uses permitted within the MD2, it is not feasible to select or limit the use to a few arbitrary spots, and there are currently no centers within the Town where these uses are concentrated. It is intended that the uses permitted in the MD2 not conflict with existing uses of land. Therefore, in order to land the MD2, an amendment to this chapter is required, subject to the following procedural requirements.
(c)
Procedural requirements. The MD2 District may be landed and located by amendment to this chapter and the Zoning Map[2] following the procedure contained in § 235-17 of this chapter either upon motion of the Town Board or upon application of a landowner or his designee. In addition to the requirements for amending the this chapter contained in § 235-17, the following criteria shall be considered:
[1]
The zone change shall be for a minimum of five acres.
[2]
The proposed uses within the MD2 shall not cause undue interference or nuisance that may be detrimental to adjacent uses.
[3]
The Town Board and the Planning Board shall use the site plan objectives as outlined in this chapter as criteria for reviewing the proposed location of an MD2 District.
[4]
The establishment of an MD2 District and location thereof shall be consistent with the Town of Clayton Comprehensive Plan.
[2]
Editor's Note: The Zoning Map is on file in the Town Clerk's office.
(9)
MR Marine Residential.
(a)
Purpose. To provide for residential development, both seasonal and year-round, in a water-related setting, including certain limited marine uses, which are both appropriate to and compatible with the maximum protection of the aesthetic and environmental quality of the St. Lawrence River and its tributary waters.
(10)
R-1 Residential.
(a)
Purpose. To provide a single-family residential district of moderate density with limited accessory uses.
(11)
SPO Scenic Protection Overlay District.
(a)
Findings and purpose. Special protection of scenic road corridors is necessary to preserve the attractive rural and historic quality of the Town. The purpose of this section is to regulate land uses within designated scenic corridors to protect the Town's scenic beauty and rural character. This section is intended to apply to those road corridors that are visible to the public and that substantially retain their scenic character.
(b)
Boundaries. The SPO District includes land lying within 800 feet of the center line of New York State Routes 12 and 12E within the Waterfront Revitalization Area boundary.
(12)
CRCWRA Chaumont River Corridor Waterfront Revitalization Area.
[Added 5-10-2017 by Amdt. No. 40[3]]
(a)
Purpose. To define a special interest zoning area within the Town of Clayton described as part of the Chaumont River Corridor Waterfront Revitalization Strategy where zoning-related objectives of that plan can be focused.
(b)
Boundaries. The northern boundary starts at the western Town boundary at Old Town Springs Road, the length of Old Town Springs Road, south along State Route 12 to County Route 11, and the length of County Route 11 to the eastern Town boundary. The southern boundary starts at the western Town boundary at County Route 179, the length of County Route 179, the southern edge of the Hamlet zoning district inclusive of Depauville, and the length of County Route 12 to the eastern Town boundary.
[3]
Editor's Note: This Amdt. No. 40 also repealed the subsection for WEFOD Wind Energy Facility Overlay District in original Art. III, Section A.
[1]
Editor's Note: WEFOD Wind Energy Facility Overlay District, which immediately followed this district, was removed from this table of districts 5-10-2017 by Amdt. No. 40.
B.
Zoning Map.
(1)
The boundaries of the above-named zoning districts are depicted on the most current Zoning Map on file at the Town Clerk’s office, which is hereby made a part of this chapter and hereinafter referred to as "Zoning Map."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Any changes in district boundaries or other matter shown on the Zoning Map shall be made promptly on said map, accompanied by a statement describing the nature and date of the change.
C.
Interpretation of district boundaries.
(1)
Where uncertainty exists with respect to the exact boundaries of districts as shown on the Zoning Map, the final decision shall be made by the Joint Zoning Board of Appeals, in accordance with the following rules:
(a)
Boundaries shown as approximately following the center line of streets or highways shall be construed to follow such center lines.
(b)
Boundaries shown as approximately following lot lines shall be construed to follow such lot lines.
(c)
Boundaries shown as following the shoreline of the St. Lawrence River and its tributaries shall be construed to follow such shoreline at the high water mark.
(d)
Boundaries shown as following the shorelines of other streams, lakes and waterways shall be construed to follow such shorelines and to move with changes in the actual shorelines.
(f)
Distances not specifically set forth on the Zoning Map shall be determined by the scale of the map.
D.
Lots in two districts.
(1)
Where a district boundary line or lines divide(s) a lot existing at the time of the enactment of this provision, the regulations pertaining to each district will govern the use of land within that district. Zoning districts shall be deemed to rank as follows from the most restrictive to least restrictive.
(2)
Nothing in this provision, however, shall be deemed to preclude a property owner from subdividing his/her property along the aforesaid district line(s) to retain each lot in the designated district, provided that each of the lots thus created shall comply with all other provisions of this chapter.
E.
Limited exemption for filed subdivisions.
(1)
If the plat of a residential subdivision containing one or more new streets has been duly filed in the Jefferson County Clerk's Office prior to the adoption of this chapter, the lots of the subdivision may be developed with the lots and yards delineated on the plat, and any provisions of this chapter requiring larger lots or yards shall not apply to the subdivision for a period of one year from the date of such filing.