Clayton Town City Zoning Code
§ 235-8
SPO Scenic Overlay Protection District regulations.
[Amended 8-28-2024 by L.L. No. 2-2024]
A.
In each zoning district which has the SPO District overlaid, the underlying district regulations as outlined in § 235-5 remain applicable, except as they are specifically modified by the provisions of this section for all land lying within the SPO District. Reasonable conditions may be imposed at the discretion of the Joint Town/Village of Clayton Planning Board per each application as may be required.
Note: The LWRP and the Comprehensive Plan will be referenced for pertinent information.
B.
Single-wide mobile homes are prohibited within the SPO District.
C.
Site plan approval requirement. Within the SPO District, site plan approval shall be required for the following uses and activities (including multifamily residential uses that are otherwise allowed without site plan review by Schedule A, Use Restrictions[1]):
(1)
Construction of any structure greater than 700 square feet in footprint, including residential structures, on an existing undeveloped property (an area that lacks infrastructure, services and buildings, as of adoption).
(2)
In any location that is visible from a publicly accessible place (any land or structure that is open to the general public, such as a public road, park, public school, recreation area, conservation area, or place of public accommodation such as a restaurant or hotel, excluding private retail and service businesses, offices and other private property which is open to the public, grading or other alteration of more than one acre of natural landscape, including the construction of roads and driveways, shall require site plan approval.
[1]
Editor's Note: Said Schedule A is included as an attachment to this chapter.
D.
Site plan approval exemptions. Within the SPO District, the site plan approval requirement shall not apply to the following:
(1)
Agricultural uses, except for agriculture structures with a footprint exceeding 10,000 square feet.
(2)
The repair and maintenance of existing structures.
(3)
Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this section and still in effect.
(4)
Clearing and grading associated with construction of unpaved hiking trails.
(5)
Any other activity not included in Subsection C above.
(6)
Double-wide, modular and stick built family homes are allowed without site plan, but must have a minimum of a 5/12 roof pitch and refer to guidelines in planning and design of the project.
E.
General standards. Within the SPO District, site plan approval may be granted with appropriate conditions attached to the proposed activity:
(1)
Will not significantly impair scenic character and will be aesthetically compatible with its surroundings.
(2)
Will minimize the removal of native vegetation, except where such removal may be necessary to open up or prevent the blockage of scenic views and panoramas from publicly accessible places.
(3)
Will locate and cluster buildings and other structures in a manner that minimizes their visibility from public places.
(4)
Will not result in clearing a building site area, including accessory structures and parking areas (excluding the area required for driveways, parking and utility access), greater than one acre in area. This building site area shall be designated on the approval plan by a "building envelope" and all buildings and parking areas shall be located within the building envelope. Clearing for such disposal systems shall occur, to the maximum extent practical, where it will not detract from the visual protection purposes of this section.
(5)
Will consider the use of shared driveways and access to adjacent parcels. The minimum recommended spacing between driveways on the same side of the street is 400 feet. Access connections on opposite sides of the street should be aligned or offset so as to eliminate left turn conflicts. The Planning Board, as part of site plan review, should evaluate the effect of proposed driveway locations on development of abutting properties. Proposals for shared driveways may require cross access easements (see Figures 1 and 2[2]).
[2]
Editor's Note: See § 235-8F(4).
(6)
Will comply with the requirements in Subsections G through J below, except where site plan features are screened from public roads or trails.
F.
Landscape.
(1)
A continuous green buffer at least 90 feet, to be measured from the edge of the blacktop or pavement, along Routes 12 and 12E and 50 feet deep along the other roads and trails, shall be retained. This buffer shall consist of native tree and shrubs, as well as fields, meadows and lawn areas. Bike paths and/or sidewalks may be constructed within this landscape buffer. This buffer requirement shall not apply in the immediate area around existing residences located within the buffer area.
(2)
To the maximum extent practicable, existing trees, lawns and shrubs shall be preserved, unless they are proposed to be replaced by native trees or other native vegetation deemed appropriate by the Planning Board.
(3)
Trees or appropriate screening shall be planted as deemed necessary by the Planning Board to reduce visibility of new structures from public roads or trails.
(4)
Clear-cutting of trees shall be prohibited in any location where such clear-cutting would alter the crest line of a ridge when that crest line is viewed from any publicly accessible place.
 Figure 1. Plan illustrating the negative impacts of multiple curb cuts-removal of vegetation, wasted pavement for parking, and hazardous vehicle entries and exits. |
 Figure 2. Plan illustrating limited and shared access. Minimize new driveways for infill commercial development |
G.
Architecture.
(1)
Existing structures with historic or architectural significance, including barns shall be retained to the extent practical. Alterations to such structures shall be compatible with the architecture of the existing structure. New structures shall not negatively impact historic structures in their vicinity.
(2)
The Planning Board shall consult the building form guidelines referred to in the preamble considering any applications under this section.
H.
Maximum footprint. A maximum footprint of 30,000 square feet is recommended for nonresidential structures. NOTE: This maximum footprint would exclude agricultural structures, structures used in connection with educational, religious, or charitable uses, mobile home parks, campgrounds and all structures legally completed or granted a building permit, special permit, site plan approval, or variance prior to the adoption of this update. The purpose of this requirement is to maintain the historic scale and character of development along Clayton's scenic roads. The intent of this provision shall not be evaded through the placement of multiple large buildings on the same site or otherwise in a pattern that is inconsistent with the scale and character of the Town of Clayton.
I.
Fences. Chain link fences and stockade or other fence designs that are in the front yard of the premises, that block visual access to land along the Route 12 and 12E corridors shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section.
J.
Rural siting principles. New development in the SPO District will consider the general rural development principles contained herein and cited sources.
K.
Photographic simulations. In connection with its consideration of a site plan review application within the SPO District, the Planning Board may require the applicant to conduct a photographic simulation in order to determine whether or not a proposed structure or activity will, when viewed from a publicly accessible place, adversely affect scenic quality.
L.
Waivers. The Planning Board may waive one or more of the specific requirements of this section upon a written finding that such waiver will not impair the scenic preservation purposes of the SPO District. Any development which is the subject of a detailed visual assessment as part of an environmental impact statement shall be eligible for such waivers if supported by SEQR findings.