Clifton Park City Zoning Code
ARTICLE I
General Provisions
§ 208-1 Title.
This chapter shall be known and may be cited as the "Local Law Relating to Zoning for the Town of Clifton Park" or by the short title "Clifton Park Zoning Law."
§ 208-2 Purpose.
There is hereby established a newly restated Comprehensive Zoning Law for the Town of Clifton Park, New York, applicable to all of the area within the geographical bounds of the Town of Clifton Park, which law is set forth in the text and maps that constitute this chapter. Said chapter is adopted pursuant to the laws of the State of New York, which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed to specifically include the following among others:
A.
The facilitation of the efficient and adequate provision of public facilities and services.
B.
The protection of residential areas and the provision of privacy for families.
C.
The prevention and reduction of traffic congestion and the provision of safe and adequate traffic access to uses generating large volumes of traffic.
D.
The gradual elimination of nonconforming uses.
E.
The protection of business areas by the reduction of traffic congestion caused by insufficient roadway capacity and/or design and inadequate parking facilities.
F.
The preservation of historic and natural features and the accommodation of new development in such a way as to maintain and enhance the desirable aesthetic qualities of the Town.
G.
The protection from fire and other natural and civil disorders.
H.
The protection of water resources available to residents of the Town, principally aquifers and their recharge areas.
I.
The assurance of adequate sites for residence, industry and commerce.
J.
The enhancement of the appearance of the Town of Clifton Park as a whole, including its open and exurban environment.
K.
The general protection of the environment.
L.
The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
M.
The protection of viable open space and agricultural resources within Clifton Park.
[Added 5-9-2005 by L.L. No. 5-2005]
§ 208-3 Enumeration of districts; boundary descriptions.
A.
For the purpose of this chapter, the Town of Clifton Park is hereby divided into the following classes of districts, designated as follows:
[Amended 10-6-2003 by L.L. No. 6-2003; 5-9-2005 by L.L. No. 5-2005; 11-9-2015 by L.L. No. 12-2015]
Residence R-1 Districts | |
Residence R-3 Districts | |
Conservation Residential Districts | |
Hamlet Residential Districts | |
Business B-1 Districts | |
Business B-2 Districts | |
Hamlet Mixed-Use Districts | |
Business B-3 Districts | |
Business B-4 Districts | |
Business B-4A Districts | |
Business B-5 Districts | |
Planned Development Districts (PDD) | |
Land Conservation Districts (LC) | |
Light Industrial Districts(LI) | |
Public/Institutional/Recreational Districts (PIR) |
B.
A description of district boundaries is on file in the office of the Town Clerk, as well as a map upon which the districts are laid out for ready reference.
§ 208-4 Interpretation of District boundaries.
A.
Unless shown to the contrary on the Zoning Map, the boundary lines of districts are property lines, the center lines of streets or such lines extended, railroad right-of-way lines and the center lines of creeks and waterways. Questions concerning the exact location of the district boundary lines shall be resolved by the Zoning Enforcement Officer.
B.
The provisions of this section do not apply to Land Conservation Districts.
§ 208-5 Conformance required.
A.
The general zoning regulations and zoning districts as herein set forth are approved and established. No building or land shall be used or developed and no building shall be erected, reconstructed, structurally altered or demolished except in conformity with the regulations as herein prescribed.
B.
The Building Inspector or his designee is hereby exclusively authorized and directed to make the initial determination as to whether a proposal delineated in a particular application submitted pursuant to this chapter is in compliance with the requirements of said chapter.
C.
No application of any nature required to be submitted pursuant to the provisions of this chapter shall be granted by any Town official without first obtaining a written verification from the Building Inspector that the proposed use described in said application is permitted in the zoning district where it is proposed to be located or developed and that the proposal otherwise appears to be in compliance with the provisions of this chapter.
D.
An application for zoning verification shall include but not be limited to the following:
(1)
A description of the permits and/or approvals being applied for and a narrative description of the proposed use and project.
(2)
A proposed plot plan (sketch) with all buildings and structures shown (both existing and proposed), showing dimensions of all buildings and structures and the property and building setbacks, proposed building heights, road frontages on public highways and paper streets, zoning district boundaries within 500 feet of the subject property and existing and proposed property lines.
(3)
Identifying street address for the proposed project and the Tax Map number(s) and section, block and lot information for the subject property.
(4)
Such other information as the Building Inspector may deem reasonably necessary to make his determination.
E.
After the Building Inspector has determined that a proposed use is permitted within the subject zoning district, said determination shall be transmitted to the appropriate Town officials, who may then further process the subject application(s). If, as the project progresses through the approval process, compliance with any other requirements of this chapter is identified as an issue(s), the Building Inspector shall also determine such issue(s) of compliance with provisions of this chapter, and such issues must be resolved before the permit(s) being applied for may be granted by any Town official.
§ 208-6 Additional standards for administration and enforcement.
For the purposes of administration and enforcement the Town of Clifton Park incorporates herein the following additional standards:
A.
The New York State Uniform Fire Prevention and Building Code.
B.
Permit Number GP-0-10-002, entitled "SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), SPDES Permit Number NYR20A035," issued by the NYS Department of Environmental Conservation pursuant to Article 17, Titles 7 and 8, and Article 70 of the Environmental Conservation Law. (Details of the Town of Clifton Park requirements are found in this chapter, Article XVI, Site Plan Review and Approval.)
[Amended 12-17-2007 by L.L. No. 13-2007; 2-7-2011 by L.L. No. 6-2011]
C.
The Western Clifton Park Design Guidelines contained in the Western Clifton Park Land Conservation Plan GEIS.
[Added 5-9-2005 by L.L. No. 5-2005]
§ 208-6.1 Expenses.
[Amended 11-9-2015 by L.L. No. 12-2015]
In addition to any fees required under any section of the Town Code (see especially Chapter 103), the Planning Board, Zoning Board and Town Board shall require each applicant for any review, permit or approval of any planned development district, special use permit, site plan or subdivision review or a variance to deposit an amount established by the respective Board as its estimate to pay for the fees and/or costs of any engineer, consultant or attorney designated by the Board to review such application or to perform inspections during construction. The fees and/or costs charged by such engineer, consultant or attorney in connection with such review or inspections will be charged against the sum deposited. Any portion of the review amount remaining shall be returned to the applicant within 45 days of final action on the application, and any portion of the inspection amount remaining shall be returned to the applicant within 45 days after issuance of the certificate of occupancy. The amount of the fees and/or costs shall be established by the Board to which the applicant seeks approval.