All facilities for receiving, processing and/or packaging agricultural products in connection with an agricultural processing plant shall be located at least 1,000 feet from any residential lot line.

All wastes and remnants shall be disposed of in an environmentally safe manner that does not pollute the land, air or water, in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

No noise, noxious odor, dust or unsightly appearance shall be permitted to affect any nearby or adjacent property.

The minimum area for each airstrip, landing field and heliport shall be determined by the Joint Planning Board in the course of its site plan review.

There shall be adequate undeveloped takeoff and landing approach area to meet all Federal Aviation Administration (FAA) airport development standards. Visibility for takeoff and approach patterns shall not be inhibited by topography, vegetation or development.

All building, structures and accessory uses involved in the treatment, care and housing of animals shall be located no closer to any street, road, or other front property line than 50 feet. Additional separation from property lines may be required by the Joint Planning Board to comply with Subsection C(3), below.

All wastes and remnants shall be disposed of in an environmentally safe manner that does not pollute the land, air or water, in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

No noise, noxious odor, waste or unsightly appearance shall be permitted to affect any nearby or adjacent property.

Adequate off-street parking shall be provided in accordance with Subsection BB, Off-street parking, of this section.

All motor vehicle service stations and repair garages shall be so designed and all gasoline/diesel fuel pumps shall be so located as to require all servicing and/or repairing on the premises to be no closer to any street or road or front property line than 30 feet, and no closer to any other property line than 50 feet, and no gasoline/diesel fuel pump shall be located closer to any other property line than 75 feet.

No inoperative motor vehicle(s), or motor vehicles(s) awaiting repairs shall be kept on the premises for longer than two weeks unless enclosed within a structure.

All servicing materials, waste material, used or discarded parts and tires shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.

Entrance and exit driveways shall be located at least 15 feet from any side or rear property line.

All automobile service stations and repair garages shall be screened and/or buffered from all adjacent properties, side and rear, by appropriate plantings and/or aesthetically designed fencing.

No barn or similar agricultural structure for housing livestock and/or poultry shall be located within 50 feet of any property line, front, side or rear.

No barn or similar agricultural structure for housing/sheltering horses shall be located within 100 feet of any property line (front, side, or rear). Any fencing shall be at least 10 feet from a property line.

Must be accessory to the principal use of a residential structure.

The structure can be no larger than 500 square feet in total size.

The structure and septic system must conform to the New York State Fire Prevention and Building Code and the New York State Department of Health.

The square footage of the parcel of the principal use can be no smaller than the lot of record for that district.

There will be no more than one bunkhouse per parcel.

There shall be at least 50 feet of vacant buffer zone between the operating area of any building supply yard and its closest property line.

When within 200 feet of any residential structure, said operations shall be screened and/or buffered by plantings, hedges and/or fences so as not to be visible from off the premises. Said screening and/or buffering shall be installed in conformity with reasonable standards established by the Joint Planning Board.

Operations of the yard shall not cause undue noise, traffic, odors or lighting glare that are detrimental to the neighborhood.

All lots where materials and products are stored shall be constructed to all-weather standards (i.e., gravel base and gravel or paved surface).

Off-street parking facilities shall be provided in accordance with the terms of Subsection BB, Off-street parking, of this section and other relevant provisions of this chapter.

The buildings and structures used to provide service for the general population shall be in keeping with the character of the neighborhood.

Sufficient parking spaces shall be provided in accordance with the off-street parking provisions of Subsection BB, Off-street parking, of this section and other relevant provisions of this chapter.

Adequate screening and/or buffering shall be installed to prevent any objectionable noise, dust, odors, lighting glare or other conditions affecting nearby properties.

The minimum land area for a cottage colony shall be five acres. Each cottage shall possess a minimum of 600 square feet of living space and shall occupy a site of no less than 5,000 square feet, and be situated no closer to any property line, road or street right-of-way, or adjacent structure than 35 feet. No cottage shall be located closer than 25 feet to any adjacent cottage.

All sanitary facilities, including the water supply and waste disposal systems, shall receive the written approval of the New York State Health Department or other appropriate agency.

Any drive-in outdoor theater shall be located on a plot of at least 10 acres.

Any drive-in outdoor theater shall be so designed, buffered and screened that sound, noise and lighting glare shall not affect nearby and adjacent property owners and so that no portion of the projected motion picture shall be visible from off the premises and no portion of the soundtrack shall be audible from off the premises.

Any facilities for the sale of foodstuffs and/or snacks shall be maintained and operated in accordance with the standards and requirements of the New York State Department of Health.

All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

Drive-in restaurants and food take-out facilities, whether separate from, related to, or part of any sit-down restaurant, shall be permitted only in Agricultural and Rural Residential (AR), Hamlet (H), or Business (B) Districts and only following site plan review and approval by the Joint Planning Board.

In determining whether to grant such approval, the Joint Planning Board shall give substantial weight to the following factors:

Any drive-in restaurant and/or food take-out facility shall be so designed, buffered and screened that noise, odors, litter, dust or lighting glare shall not affect adjacent and nearby properties.

Such facilities shall be designed, built, maintained and operated in accordance with the standards of the New York State Department of Health.

All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

Off-street parking facilities shall be provided in accordance with the requirements of Subsection BB, Off-street parking, of this section.

All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP, Signs, of this section.

If located in a Business (B) District or Hamlet (H) District, all buildings, structures and accessory uses involved in the operation of a drive-in restaurant or food take-out facility shall be located no closer to any street, road or other front property line than 50 feet, and no closer than 100 feet from any other property line. If located in an Agricultural and Rural Residential (AR) District, the setback requirements shall be 100 feet from all property lines.

No driveway or private entrance providing access to a state, county or Town road, street or highway shall be located or constructed without the prior approval of the New York State Department of Transportation, the Jefferson County Highway Department or the Town Highway Superintendent, as appropriate.

No driveway or private entrance shall enter a state, county or Town road, street or highway within 50 feet of any street corner or road intersection.

Any driveway or private entrance shall be set back at least five feet from the sidelines of the property.

Any retaining wall shall be the minimum height necessary to accomplish its purpose.

Fences, walls and shrubbery along all front property lines and alongside property lines as far from the front as the setback, specified for the district in which located, shall not exceed 4 1/2 feet in height from original grade. From said setback, fences, walls and shrubbery around the remaining perimeter of side and rear yards shall not exceed six feet in height from original grade, except where otherwise required by specific provisions of this section.

Fences, walls and shrubbery shall be so constructed and maintained that they do not constitute a safety hazard and so that they are not visually or aesthetically detrimental to the neighborhood. There must be a clear line of sight at all intersections. The use of barbed wire and/or electrically charged fences shall be restricted to agricultural uses only.

In districts where the front is the river, fences, walls and shrubbery along all rear and side property lines as far from the rear as the setback specified for the district where located, shall not exceed 4 1/2 feet in height from the ground.

Flea markets shall be permitted only in Agricultural and Rural Residential (AR) and Business (B) Districts and only following site plan review and approval by the Joint Planning Board.

In determining whether to grant such approval, the Joint Planning Board shall give substantial weight to the following factors:

Any flea market facility shall be so designed, buffered and screened so that noise, odors, litter, dust or lighting glare shall not affect adjacent or nearby properties.

All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

Off-street parking facilities shall be provided in accordance with the requirements of Subsection BB, Off-street parking, of this section.

All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP, Signs, of this section.

If located in a Business (B) District, all buildings, structures, and accessory uses involved in the operation of a flea market shall be located no closer to any property line than 50 feet. If located in an Agricultural and Rural Residential (AR) District, the setback requirements shall be 50 feet from the front property line and 100 feet from all other property lines.

The home occupation shall be carried on by a member of the family residing therein.

The use shall be conducted entirely within the dwelling and/or it appurtenant structures.

One identification sign, not to exceed two square feet, shall be permitted as specified in Subsection PP, Signs, of this section, and other relevant provisions of this chapter.

Off-street parking shall be provided as specified in Subsection BB, Off-street parking, of this section, and other relevant provisions of this chapter.

Operations of the home occupation shall not cause undue noise, traffic, odors or lighting glare that are detrimental to the neighborhood.

Permitted home occupations:

Prohibited as home occupations:

Unlisted home occupations. Any proposed home occupation that is neither specifically permitted or specifically prohibited may be permitted after obtaining a special use permit.

Notwithstanding any provision of this section, no home occupation will be permitted if it employs more than one nonresident of the dwelling.

All junkyards shall be licensed and operated in accordance with the provisions of Chapter 152, Junkyards, of the Code of the Town of Clayton.

The outer limits of the area used as a junkyard, including any fencing or building, shall be located at least 100 feet from any residential, commercial or institutional structure, and at least 50 feet from any public road or highway right-of-way.

All junkyards shall be enclosed by a solid fence that will totally screen the premises, except that not more than two openings no wider than 15 feet each shall be permitted for access. Each such opening shall be provided with a solid gate, which shall be kept closed at all times when not in use, and locked at all times when the premises is not open for business.

The premises shall be kept free at all times from rodents, vermin and obnoxious odors. No burning of any materials shall be permitted at any time.

All motor vehicles of any description and parts thereof and/or tires stored or deposited by the operator shall be kept within the enclosure of the junkyard except as necessary for transportation or removal in the ordinary course of business. All wrecking, salvaging and/or repairing shall be accomplished within the enclosure.

Storage of one or more cast-off, inoperable or abandoned motor vehicles of any description or parts thereof on the open grounds outside of enclosed structures, or approved enclosures, shall be deemed to be a use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of one month.

Storage of one or more cast-off, inoperable or abandoned farm tractors or farm implements of any variety or parts thereof, on the open grounds outside of enclosed structures, or approved enclosures visible from off the premises, shall be deemed to be use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of six months.

Storage of one or more cast-off, inoperable or abandoned boats, motors or parts thereof, on the open grounds outside of enclosed structures, or approved enclosures, shall be deemed to be use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of one year.

Storage of any scrap metal, metal parts or inoperable contractor's equipment on the open grounds outside of enclosed structures, or approved enclosures, shall be deemed to be use of the property for dump or junkyard if such presence or storage extends for a period of time in excess of one month.

Dumping of rubbish and other waste shall be permitted only on land officially designated for the purpose under such conditions as the Joint Planning Board may impose in the interest of public health, safety and welfare.

All landfill sites shall be approved by the New York State Department of Environmental Conservation as being in compliance with 6 NYCRR Part 360, Solid Waste Management Facilities.

In connection with every building or building group or part thereof having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing or commercial enterprises or other uses similarly requiring the receipt or distribution of material or merchandise by motor vehicles, trucks and/or tractor trailers, there shall be provided and maintained, on the same lot with such building, a minimum number of off-street loading berths as follows:

The loading berth required in each instance shall be not less than 12 feet in width, 25 feet in length, and 14 feet in height, and may occupy all or any part of the required yard. Such space may also be a part of the required parking area.

All operations of the machine and/or welding shop shall be conducted within an enclosed building or structure.

Except for brief periods incident to receipt or shipment, all parts, materials, scrap metal, implements and/or vehicles to be repaired shall be stored within a fenced enclosure so as not to be visible from off the site.

No building, structure or enclosure shall be located closer than 100 feet to any rear or side property line and no closer than 50 feet to any street or road right-of-way, and no closer than 500 feet to any residential structure.

Operations of the shop shall not cause any undue noise, traffic, vibration, odors or lighting glare that are detrimental to the neighborhood.

Off-street parking shall be provided as specified in Subsection BB, Off-street parking, of this section, and other relevant provisions of this chapter.

All marinas shall be so designed and constructed that:

All servicing materials, waste materials and used or discarded parts shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.

All fuel tanks shall be installed and maintained in conformity with the standards of the Uniform Fire Prevention and Building Code and shall conform to all state and federal requirements of the New York State Department of Environmental Conservation, the Environmental Protection Agency and other appropriate agencies, and all relevant provisions of this chapter. All such fuel tanks shall be so maintained and operated that no fuel spillage is allowed to enter the water.

All pump-out tanks and other facilities for the disposal of waste and sewage shall be designed, constructed and maintained in conformity with the requirements of the New York State Departments of Health and Environmental Conservation and the relevant provisions of this chapter. No such pump-out tank shall at any time be drained, emptied or allowed to overflow into the waters of the St. Lawrence River or any tributary waterway.

All marinas shall be screened and/or buffered from all adjacent properties, side and rear, so that no noise, odors, dust or lighting glare affects those properties.

Individual mobile homes on lots meeting the dimensional requirements of § 235-5, Schedule B, shall be permitted in Agricultural and Rural Residential (AR) Districts provided they are in conformity with all relevant provisions of this chapter.

Size. Any mobile home installed on an individual lot or site shall contain no less than 480 square feet.

Construction standards.

Installation.

Mobile home sites.

Additions and accessories. The following additions and accessories to mobile homes shall be permitted:

Sanitary facilities.

Replacement.

Mobile home parks on sites conforming to this section shall be permitted in Agricultural and Rural Residential Districts only after site plan review, in accordance with § 235-13 of this chapter, and the issuance of a license, in keeping with the provisions of this section.

Site requirements.

Individual mobile home requirements.

Sanitary facilities. A mobile home park shall conform to the New York State Sanitary Code, Chapter 1, §§ 7.60 and 7.70[2] and to the following additional requirements:

Buffer planting and screening.

Registration records. Each park shall keep and maintain a permanent record of the name and address of each occupant.

Inspection.

Licenses for mobile home parks.

Transfer of ownership. If any existing mobile home park shall subsequently undergo any change in or transfer of ownership, the new owner(s) must, within 30 days, file an application for a license in his/her/their own name(s) and supply all information as would be required for the initial licensing of the mobile home park.

Revocation or suspension of license. If, upon inspection, it is determined that the licensee has violated any provisions of this chapter, the Town Board and/or Town-authorized agent shall have the power to revoke or suspend such license and to order the mobile homes removed and the park closed. Such closure shall be ordered only upon written notice to the owner(s) and/or operator(s) who shall have not more than 14 days in which to respond.

Individual modular homes on lots conforming to § 235-5, Schedule B, shall be permitted in Marine Development (MD), Marine Development 2 (MD2), Agricultural and Rural Residential (AR), Agricultural and Island Residential (A-IR), Residential (R-1), Hamlet (H) and Marine Residential (MR) Districts, provided they are in conformity with relevant provisions of this chapter.

Minimum size requirements. Any modular home on an individual lot shall contain no less than 600 square feet of living space, and shall be no less than 20 feet in width.

Construction standards.

Modular home installation.

Motels, hotels and resorts shall be permitted in Business (B) Districts; they shall be permitted in Agricultural and Rural Residential (AR), Hamlet (H), Marine Development (MD) and Marine Development 2 (MD2) Districts only following site plan review and approval by the Joint Planning Board.

Area requirements. The minimum land area for any motel, hotel or resort shall be 50,000 square feet. The minimum width of the lot at the front property line shall be 200 feet.

Setback requirements. No structure or portion thereof shall be closer to any street or road right-of-way than 50 feet, nor closer than 75 feet to any rear property line, nor closer than 50 feet to any side property line.

Rental units.

Sanitary facilities. All sanitary facilities, including the water supply system and the waste disposal system must receive written approval from the New York State Department of Health or other approved agency, and must be in conformity with other relevant provisions of this chapter.

Open space. A minimum of 25% of the site shall be retained as open space. Parking areas, interior roadways and vehicular access facilities shall not be considered in calculating open space.

Drainage. Drainage for the site, for the public roadside, for the interior roadways, walkways and parking areas shall be so designed and constructed as to handle maximum anticipated runoff flows.

Refuse. Adequate screened space shall be provided for the collection and covered storage of refuse, which shall be disposed of regularly in accordance with relevant Town regulations.

Traffic access. Roads shall be adequate in grade, width, alignment, visibility, construction standards and traffic circulation patterns to meet Town standards.

Off-street parking. Automobile parking space shall be provided to accommodate not less than 1 1/2 vehicles for each rental unit. No part of such parking space shall be closer to any roadway, street or front property line than 25 feet, and no closer to any rear or side property line than 35 feet.

Exterior lighting and signs. Illuminated signs and other exterior lighting shall be directed away from or shielded from adjacent and nearby residential properties in such a manner as not to disturb the occupants thereof.

Landscaping and planting. The site shall be appropriately landscaped within one year after the commencement of construction. Suitable plantation screening and/or fence buffering shall be provided alongside and rear property lines.

Outdoor swimming pools. No outdoor swimming pool shall be placed closer to any road right-of-way than 100 feet, nor closer to any side or rear property line than 75 feet. Written approval for the installation of swimming pools must be obtained from the New York State Health Department. Pools must comply with Subsection UU of this section and other relevant requirements of this chapter.

Area requirements. For a multifamily dwelling served by community water supply and sewage disposal systems, the minimum land area shall be 25,500 square feet with a minimum of 8,500 square feet per dwelling unit. For a multifamily dwelling served by an individual well and septic system, the minimum land area shall be 60,000 square feet, with a minimum of 20,000 square feet per dwelling unit. The minimum width of the lot at the front property line shall be 250 feet.

Setback requirements. No structure or portion thereof shall be closer to any street or road right-of-way than 50 feet, nor closer than 50 feet to any rear property line, nor closer than 25 feet to any side property line.

Arrangement of buildings. In those instances where several multifamily dwellings constitute a single development:

Outdoor recreation space. An area or areas for the joint recreational use of the residents shall be provided. Such recreation space shall consist of an outdoor area no less than 25% of the total lot areas of all dwelling units served. Parking areas and vehicular access facilities shall not be considered in meeting this requirement.

Drainage. Drainage for the site, for the public roadside, for the interior roadways, walkways and parking areas shall be so designed and constructed as to handle maximum anticipated runoff flows.

Traffic access. All roads on the site shall be built to Town standards and surfaced with all-weather materials. Entrance(s) and exit(s) to and from the site shall be no closer than 50 feet from any street corner or road intersection. Such entrances and exits shall be constructed only after approval by the respective state, county and/or Town highway authorities. Visibility at such entrances and exits as well as on interior roadways shall be provided to assure the safe flow of traffic.

Circulation and parking. Interior roadways shall be so designed and constructed as to afford free and easy flow of traffic, both entering and exiting, at all times. No interior public roadway shall be closer than 10 feet to any building. There shall be two parking spaces provided for each dwelling unit. All dwelling units shall have ready access to parking spaces and interior roadways.

Lighting. Exterior lighting shall be provided to promote safety in the parking areas and roadways, and in the connecting walkways.

Landscaping and planting. The site shall be appropriately landscaped within one year of commencing construction. Suitable plantation screening and/or fence buffering shall be provided alongside and rear property lines.

Outdoor swimming pools. No outdoor swimming pool shall be located closer to any road right-of-way than 100 feet, nor closer to any side or rear property line than 75 feet. Written approval for the installation of swimming pools must be obtained from the New York State Health Department. Pools must also comply with the provisions of Subsection UU of this section and other relevant requirements of this chapter.

Certificate of occupancy. No certificate of occupancy shall be issued for any such building or buildings, unless the proposed use conforms in all respects to the site plan, provisions of this chapter and any conditions specified by the Joint Planning Board.

The following constitute minimum requirements for off-street parking spaces which shall be provided for each of the designated uses in the zoning district(s) wherein such use is authorized:

All off-street parking spaces shall be constructed to all-weather standards, either gravel or paved surface, in all instances upon a well-compacted gravel base of at least six-inch depth or its equivalent.

Where the use, traffic generation or function of a site is such that the applicant can show that the number of parking spaces is not justified, the Joint Planning Board may modify these requirements.

Uses not included in this section are required to have adequate parking, according to the evident need. The Joint Planning Board has the authority to require specific numbers of parking spaces for unlisted uses. In doing so, the Joint Board shall use its sound judgment, personal experience, and information gathered through the public hearing process.

The boundaries of the parking lot shall be at least 10 feet from all street and road rights-of-way and five feet from all other property lines.

There shall be provisions for traffic to enter and depart simultaneously.

Neither entrance nor exit shall be closer than 50 feet to any street or road intersection.

The parking lot shall be designed and constructed to suitable all-weather standard, with adequate drainage.

Five percent of the parking lot spaces shall be designated for use by the handicapped, but in no event shall there be less than two spaces per lot designated for such use.

The location, design, noise and operation of such facility shall not adversely affect the character and uses of the surrounding area.

Adequate fences, barriers and other safety devices shall be provided around the facility at a height of at least eight feet, unless the facility is entirely enclosed in a structure, in which case the structure shall be secure against unauthorized entry.

No excavation for removal of sand, gravel, or stone shall be located within 50 feet of any public road right-of-way nor within 200 feet of any side or rear property line of the premises. If within 1,000 feet of any residence, there shall be screening and/or buffering to limit the visibility of the work site and to limit noise and dust. The Joint Planning Board shall determine acceptable screening and/or buffering.

All activities involving quarries, sand and gravel pits and natural resource removal shall comply with New York State Department of Environmental Conservation regulations and permits.

Provision shall be made to eliminate or reduce the hazard and nuisance of dust and other matter being carried by wind, surface drainage water or vehicles from the premises onto the premises of other nearby residents or onto any road, street, highway or stream of water.

Racetracks, whether for horses, dogs, cars, motorcycles, snowmobiles or any other motorized vehicles shall be permitted only in Agricultural and Rural Residential (AR) Districts and only upon site plan review and approval by the Joint Planning Board.

Any racetrack must have a minimum of 25 acres of land. The facility shall be located at least 200 feet from any street, road or highway right-of-way and at least 300 feet from any side or rear property line.

Any racetrack shall be so designed, buffered and screened that noise, odors and lighting glare shall not affect nearby and adjacent properties.

Any facilities for the sale of foodstuffs and/or snacks shall be maintained in accordance with the standards of the New York State Department of Health.

All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

Adequate provision for off-street parking shall be made in accordance with Subsection BB of this section and other relevant provisions of this chapter.

Provision shall be made for adequate fencing and/or barricades to be maintained along the track for the safety and protection of the public.

The facility shall be located at least 50 feet from any street, road or highway right-of-way and at least 25 feet from any side or rear property line.

When within 200 feet of any residential structure, said facilities shall be screened and/or buffered to prevent dust, noise, odors and lighting glare from adversely affecting nearby properties.

Off-street parking shall be provided in accordance with Subsection BB of this section and other relevant provisions of this chapter.

Recreational vehicles, travel trailers, converted buses and other similar vehicles may not be parked in Residential (R-1) or Marine Residential (MR) Districts. Such vehicles and trailers may be parked in Marine Development (MD), Agricultural and Rural Residential (AR) and Hamlet (H) Districts provided that they comply with the following regulations:

Restaurants, taverns and bars shall be permitted only in the Business (B) District, and permitted in Agricultural and Rural Residential (AR), Marine Development 2 (MD2) and Hamlet (H) Districts upon the issuance of a special use permit by the Joint Planning Board. In the Marine Development (MD) District, restaurants, taverns and bars shall be permitted only after site plan review and approval by the Joint Planning Board applying the criteria in this section and elsewhere in this chapter where applicable.

Such restaurants shall be limited to those exclusively providing sit-down service at either tables or counters, and not providing car-hop, drive-in or take-out facilities.

Such restaurants, taverns and bars shall be designed, built, maintained and operated in accordance with the standards of the New York State Department of Health.

All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.

Off-street parking facilities shall be provided in accordance with the requirements of Subsection Z and BB of this § 235-7 and other relevant provisions of this chapter.

All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP of this section.

All riding stables and related facilities shall be located at least 300 feet from any property line.

Animal wastes shall be disposed of in an environmentally safe manner that does not pollute the air, land or water and complies with all relevant regulations of the New York State Departments of Health and Environmental Conservation.

Roadside stands for the sale of agricultural products, fruits and vegetables shall be permitted in Agricultural and Rural Residential (AR) and Agricultural and Island Residential (A-IR) Districts provided that they comply with the off-street parking provisions of Subsection BB of this section, and provided that they do not constitute a hazard to traffic on any state, county or Town road or highway.

Any such roadside stand shall comply with the sign provisions of Subsection PP of this section.

Any such roadside stand shall be so operated and maintained that it does not constitute a detriment to the neighborhood.

Roadways or streets constructed by private individuals, enterprises or groups of such individuals or enterprises which serve, or are intended to serve the public as thoroughfares, shall meet all Town road and highway standards as determined by the Town Highway Superintendent and/or the Town Board. Such standards shall include grades, angles of curves, width of right-of-way and of roadbed, type of base and surface, depth of base, lines of sight, tangents, shoulders, driveways, turnaround areas and drainage.

Before locating or constructing any private roadway, street or other thoroughfare entrance into a Town roadway or street, permission shall be obtained from the Town Highway Superintendent with respect to the location and other design considerations of such entrance. Under no circumstances shall any such entrance be permitted within 50 feet of any street corner or road intersection.

Before locating or constructing any private roadway, street or other thoroughfare entrance into a state or county road or highway, permission shall be obtained from the New York State Department of Transportation and/or the Jefferson County Highway Department.

Any private roadway, street or other thoroughfare shall be set back at least 25 feet from the sidelines of the property on which the new road is located. Such distance shall be measured from said sidelines to the proposed road right-of-way.

All facilities for such sales and rental operations, storage and parking shall be located no closer than 50 feet to any street, road or highway right-of-way, nor closer than 50 feet to any other marked or established property line in the Agricultural-Rural Residential District, 25 feet in the Hamlet District from the nearest lot line and at least 30 feet from any street or road right-of-way.

When located within 200 feet of a residential structure, such facilities shall be screened and/or buffered so as not to be visible from the adjacent or nearby property. Adequate screening and/or buffering shall be determined by standards acceptable to the Joint Planning Board.

Such operations shall not create undue noise, odors, traffic or lighting glare affecting nearby properties. Further, they shall not cause electrical disturbances that interfere with nearby communications reception.

Lots where the products are displayed shall be constructed and surfaced for all-weather use (e.g., gravel base with gravel or paved surface).

Adequate off-street parking shall be provided in accordance with Subsection BB of this section and other relevant provisions of this chapter.

Those operations that also provide service facilities shall comply with the requirements of the automobile service station provisions, Subsection D of this section and other relevant provisions of this chapter.

Such receiver dishes and towers shall be positioned so as not to interfere with or obstruct the vision of drivers entering or leaving any public or private access road.

Such receiver dishes and towers shall comply with all the side yard and rear yard setback requirements of the district in which located.

Off-street parking provisions shall meet the combined requirements outlined for store groups in Subsection BB of this section and other relevant provisions of this chapter.

Off-street loading space shall be provided in addition to Subsection OO(1) above, and shall meet the loading platforms and facilities provisions of Subsection T of this section and other relevant provisions of this chapter.

No building shall be placed closer to any street or road right-of-way than 100 feet. No parking area shall extend closer to any street or road right-of-way than 20 feet, or closer to any other property line than 50 feet. The boundaries along all side and rear property lines shall be appropriately landscaped, planted and seeded for a depth of not less than 15 feet adjacent to the structures or parking lots, whichever shall extend the further. All front boundary areas shall be landscaped, planted and seeded.

No shopping center shall be constructed closer than 100 feet to the nearest property line, and no shopping center or parking lot shall be located closer than 200 feet to the nearest residential building.

Access and traffic patterns, both on-site and entrance/exit shall be so designed as to minimize traffic hazards. In no instance shall any entrance or exit road be closer than 100 feet to the nearest street corner or road intersection. All such access plans shall be approved by the appropriate state, county and Town highway authorities.

Exempt signs (requires no permit).

Prohibitions.

Signs by permit.

Building-mounted permanent signs.

Total number of signs, sign area and total signage.

Portable signs.

Sign permit application information.

Maintenance of signs. All signs will be maintained in a good state of repair. The Zoning Officer will contact any person who has a sign in a poor state of repair, requesting that it be corrected within a time limit determined by the Zoning Officer. If said sign is not repaired within a period of 30 days, the right to maintain the sign shall cease and the owner of the sign must remove it within 10 days thereafter. The owner is required to properly engineer the sign before construction to make sure the sign is hung safely and is structurally sound.

Any manufacturing, fabricating or servicing operations related to the enterprise shall be conducted within a building.

One identification sign shall be permitted, not to exceed eight square feet in total area. Said sign shall meet all other relevant regulations found in Subsection PP of this section and other relevant provisions of this chapter.

All buildings and storage enclosures of the small commercial enterprise shall be located at least 50 feet in the Agricultural and Rural Residential District and 25 feet in the Hamlet District from the nearest lot line, and at least 30 feet from any street or road right-of-way.

One freestanding and one building-mounted sign shall be permitted, neither sign to exceed 32 square feet. Said signs shall meet all other relevant regulations found in Subsection PP of this section and other relevant provisions of this chapter.

Off-street parking facilities shall be provided in accordance with the requirements of Subsections Z and BB of this § 235-7.

No unsafe traffic conditions shall be caused by establishment of the small commercial enterprise or by any of its facilities, signs and appurtenances. All such facilities shall be so located as not to interfere with public thoroughfares or traffic sight lines.

Small storage buildings. Storage buildings of 150 square feet gross floor area or less shall be permitted in all districts, subject to the following regulations:

Storage buildings. Storage buildings of more than 150 square feet single or combined gross floor area shall be permitted in Agricultural and Rural Residential (AR), Business (B) and Industrial (ID) Districts; they shall be permitted in Marine Development (MD) and Hamlet (H) Districts only upon the issuance of a special use permit by the Joint Planning Board; said buildings must conform to the following regulations:

Aboveground.

Underground.

Not be located closer than 15 feet to any side property line, nor closer than 30 feet to any front or rear property line, nor closer than 30 feet to any street or road right-of-way.

Be surrounded by a barrier at least four feet high around the entire pool structure as per § 303 of the New York Property Maintenance Code and § 3109, Swimming pools, spas and hot tubs, of the New York Building Code. This requirement shall not apply to aboveground pools which incorporate built-in fences and/or suitable restrictive devices.

Any trucking terminal shall encompass a lot area of at least three acres and shall have a minimum frontage along any street, road or highway of at least 200 feet.

No trucking terminal shall be located within 500 feet of any lot on which is located a church, school, library, playground or other place of public assembly.

All fuel oil, petroleum, gasoline and other flammable substances used in operating the facility shall be stored in underground tanks located at least 100 feet from all side and rear property lines, and at least 50 feet from any street or road right-of-way. Said tanks shall be installed and maintained in accordance with the standards of the Uniform Fire Prevention and Building Code, and shall conform to all state and federal requirements of the New York State Department of Environmental Conservation, the Environmental Protection Agency and other appropriate agencies.

All buildings, structures and accessory uses involved in the operation or maintenance of a trucking terminal shall be located no closer to any street, road or other front property line than 50 feet, and no closer than 100 feet from all other property lines.

No person shall park or store outside a building or where visible from off the premises, one or more motor vehicles which are unregistered, inoperable and no longer in condition for legal use on the public highways.

No bus, van, trailer, truck or other similar vehicle which is unregistered, inoperable and no longer in condition for legal use on the public highways shall be parked or stored outdoors on any land in the Town of Clayton unless so enclosed as to prevent said vehicle from being visible from off the premises.

No tractor, truck or farm implement of any variety which is inoperable and/or no longer in regular use shall be parked or stored outdoors on any land in the Town of Clayton unless it is not visible from off the premises.

No bus, van, trailer, truck or other similar vehicle, or any section or portion thereof, with or without wheels or undercarriage, shall be used for any dwelling purposes or to permanently store building supplies or other materials on lot.

Campgrounds conforming to this section shall be permitted in Agricultural Rural and Residential Districts only after site plan review, in accordance with § 235-13 of this chapter and the issuance of a license in keeping with the provisions of this section.

Campgrounds shall provide individual sites for occupied travel trailers, tents and recreational vehicles (motor homes, truck campers, camping trailers and other vehicles used for part-time living purposes.)

Site requirements.

Sanitary facilities.

Buffer planting and screening.

Registration records. Each campground shall keep and maintain a permanent record of the name, address and license plate number of each occupant.

Inspection.

Licenses for campgrounds. Campgrounds are subject to the same licensing requirements as mobile home parks; refer to § 235-7X(8) of this chapter.

Transfer of ownership. If any existing campground shall subsequently undergo any change in, or transfer of ownership, the new owner(s) must, within 30 days, file an application for a license supplying all information as would be required for the initial licensing of the campground.

Revocation or suspension of license. If, upon inspection, it is determined that the licensee has violated any provisions of this chapter, the Town Board and/or Town-authorized agent shall have the power to revoke or suspend such license and to order the campground closed. Such closure shall be ordered only upon written notice to the owner(s), who shall have not more than 14 days in which to respond.

Multi-use trails shall be permitted in all districts upon the issuance of a special use permit. Multi-use trails in the Conservation District are also subject to the Department of Environmental Conservation approval.

All sanitary facilities, including water supply and waste disposal systems, shall receive the written approval of the New York State Health Department or other appropriate agencies and shall be in accordance with the provisions of § 235-10 of this chapter.

Trail surface shall not exceed 20 feet in width.

All facilities for such storage and parking shall be located no closer than 50 feet from road right-of-way and from all other property lines.

When located within 100 feet of an off-property residential structure, adequate screening and/or buffering shall be provided as determined by standards acceptable to the Joint Planning Board.

Such operations shall not create undue lighting glare affecting traffic or nearby properties.

Farm wineries/distilleries/breweries and cideries shall be permitted in the Marine Development (MD) and Agricultural and Island Residential (A-IR) Districts following site plan review and approval by the Joint Planning Board, applying the criteria contained in this section and elsewhere in this chapter as applicable.

Farm wineries/distilleries/breweries and cideries may include a tasting room and a retail sales area as designated on the approved site plan.

All improvements located on the subject property shall be designed, constructed, maintained and operated in accordance with the standards of the New York State Building Code and shall at all times comply with the requirements of the New York State Health Department.

All sanitary facilities shall be built and maintained in accordance with the requirements of the New York State Department of Health and the New York State Department of Environmental Conservation.

Off-street parking facilities shall be provided in accordance with the requirements of Subsections Z and BB of this § 235-7, and shall be specifically designated on the approved site plan.

All signs shall be designed, built and maintained in accordance with the requirements of Subsection PP of this § 235-7, and shall be specifically included on the approved site plan.

All patron activities shall be conducted within the enclosed structures, or on exterior portions of the property specifically designated therefor on the approved site plan, and shall be limited to the hours of operation as approved by the Joint Planning Board. In reviewing the exterior portions of the property to be utilized for patron activity, the Planning Board shall consider the proximity of the operation to neighboring residential properties, and the impact of such activities on the peaceful enjoyment of the occupants of such residential property.