New York Planning Federation - Environmental and Planning Consultants

Zoning Ordinance

TOWN OF CLERMONT

ZONING LAW

FINAL DRAFT

9/6/2001

Incorporating comments from Town Zoning Rewrite Committee through August, 2001

from the Town Public Hearing of 7/24/01

and from the Columbia County Planning Board

DRAFT II ZONING LOCAL LAW - 9/6/01

TOWN OF CLERMONT

TABLE OF CONTENTS

Article I - Scope, Title, Purposes Page 3

Planning Board Page 5

Zoning Board of Appeals Page 6

Article II - Definitions Page 10

Article III – Establishment of Districts Page 21

Schedule of Uses Page 24

Density Control Schedule Page 26

Article IV - General Regulations Page 27

Article V - Administration Page 67

Permit Flow Chart Page 70

Draft Updated Zoning Law

NOTE: underlined text is new. All other text from current Clermont Zoning code. Schedule of Uses is also substantially reformatted given use of new definitions and consolidation of certain older definitions.

TOWN OF CLERMONT, NEW YORK

ARTICLE I

1.1 - SCOPE
A Local Law regulating the location, design, construction, alteration, occupancy, and use of structures or buildings and the use of land in the Town of Clermont, New York, dividing the Town into districts.

1.1 - SHORT TITLE
These regulations shall be known as the Zoning Law of the Town of Clermont, hereinafter referred to as “Law”.

1.2 - EFFECTIVE DATE
This Local Law shall take effect upon its filing in the office of the New York State Secretary of State.

1.3 - AUTHORITY
This Local Law is enacted by the Town Board of the Town of Clermont, New York pursuant to Chapter 62, Articles 9 and 16 of the Town Law and Article 2 of the Municipal Home Rule Law and all amendments thereto, and pursuant to all plans as well as the comprehensive plan as adopted by the Town Board. This Local Law is intended to amend and supersede the previous and existing Town of Clermont Zoning Local Law as of the effective date of this Law.

To the extent that any provisions of this Local Law are inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, Sections 261 through 268, 274-a and 281, the Town Board of the Town of Clermont hereby declares its intent to supersede those Sections of Town Law, pursuant to its home rule powers under Municipal Home Rule Law, Article 2, Section 10.

1.4 - PURPOSES

This law is enacted to protect and promote the health, safety, general welfare, comfort, convenience, economy and aesthetics of the Town of Clermont for the following purposes:

A. To promote the orderly physical development of the Town of Clermont;

B. To conserve the natural and cultural resources and the rural character of the Town by encouraging development in the most appropriate locations and by strictly limiting building and land use in areas where it would conflict with the Town’s character, pattern and scale of settlement;

C. To minimize negative environmental impacts of development, especially in visually and environmentally sensitive areas such as the Roe Jan Kill corridor, the Hudson River shoreline and other stream corridors, scenic viewsheds, steep slopes, erodible soils, wetlands, floodplains, ground and surface water supplies, and active farmlands.

D. To preserve, protect and enhance the agricultural nature and viability of the Town and to avoid regulating agricultural uses in a manner that unreasonably restricts farm structure, farm operations or farming practices;

E. To encourage the most appropriate use of land and buildings in the community in order to enhance the pride in and value of property;

F. To integrate different housing types and different kinds of land uses in traditional hamlet centers in order to encourage social and economic interaction and activity;

G. To provide a range of affordable housing opportunities for all segments of the local population with due consideration for regional housing needs;

H. To protect residences, businesses and public places from nuisances, odors, noise,, pollution, and other unsightly, obtrusive, and offensive land uses and activities;

I. To locate buildings and land uses in a manner that is convenient to residents and visitors, and provides freedom for landowners to make economic use of their land, provided that such uses are not harmful to neighboring properties or the environment or the economy;

J. To reduce traffic congestion by establishing a pattern of settlement and circulation that provides alternative routes of travel and alternative modes of transportation;

K. To encourage the conservation of energy and the appropriate use of solar or other renewable energy sources; and,

L. To regulate building density in order to concentrate population in appropriate locations while allowing reasonable privacy for residences, ensure access to light and air, conserve open space, facilitate the prevention and fighting of fires, minimize the cost of municipal services, and accomplish all other purposes of this Law.

1.5 - INTERPRETATION OF PROVISIONS

All provisions of this Local Law shall be construed broadly to fullfill the purposes stated above. Whenever the provisions of this Law are at variance with the requirements of other lawfully adopted rules, regulations, or local laws, the rule, regulation or local law with the most restrictive provisions or that impose the higher standards shall govern.

1.6 - PLANNING BOARD

A. GENERAL PROVISIONS. Pursuant to New York State Town Law Section 271, the Town of Clermont has created a Planning Board with all the powers and to perform all the duties prescribed by New York State statute and by this Local Law including the review and approval or denial of site plans and land subdivisions.

The Town Board shall appoint a Planning Board consisting of seven (7) members, shall designate its chair and deputy chair and may also provide for compensation to be paid to said members, experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding in all the appropriations that may be made by the Town Board for such Planning Board. No member of the Town Board or Zoning Board of Appeals and no Town employee shall be eligible for membership on such Planning Board.
Members shall serve terms of seven (7) years. Such terms shall expire at the end of the calendar year. Any current members with terms that do not expire at the end of the calendar years shall serve until the end of the calendar year in which their terms are due to expire. At the expiration of any member term, such member may be reappointed or a new member may be appointed to a term which shall be equal to the number of members on the board
The Town Board shall have the power to remove any member of the Planning Board for cause and after a public hearing. Such cause may include failure of a member to gain a minimum level or training or minimum meeting attendance as established by the Town Board. If a vacancy occurs for any reason other than expiration of the term, the vacancy may be filled by the Town Board for the period of the unexpired term.
The Town Board may designate an alternate member to substitute for a member when such member is unable to participate on an application or matter before the Planning Board. Such alternate member shall have all the powers and responsibilities of a Board member for the term defined by the Board.
The Town Board may include on the planning board one or more members each of whom derives ten thousand dollars or more annual gross income from agricultural pursuits in the Town.
The Town Board may compensate members of the Planning Board on a per meeting basis at a rate to be established by the Town Board.

B. CONDUCT OF BUSINESS

1. The Planning Board shall follow all rules, procedures and forms established by the Town in order to fulfill its responsibilities under this Law.

2. All meetings of the Planning Board shall be held at the call of the chair and at such other times as a majority of the Board may determine. All meetings of the Board shall be open to the public. Such chair, or in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. A concurring vote of a majority of all the members shall be necessary to take action on any matter before it.

3. The Planning Board shall keep minutes of its proceedings showing the vote of each member on every decision. If a member is absent or fails to vote, the minutes shall so indicate. Every decision or official action of the Planning Board shall be a public record and shall be filed in the office of the Town Clerk within five business days.

4. The Planning Board may review and make recommendations on a proposed comprehensive plan or amendment thereto. In addition the planning board shall have full power and authority to make investigations, maps, reports, and recommendations in connection with planning and development of the Town providing any expenditure does not exceed the appropriation provided.

5. The Planning Board shall have the authority to review and approve, approve with conditions, or deny all site plans and subdivisions and any other land use permits as provided by the authority of the Town Board.

1.7 - ZONING BOARD OF APPEALS

A. GENERAL PROVISIONS. Pursuant to New York State Town Law Section 267, the Town of Clermont has created a Zoning Board of Appeals with all the duties prescribed by New York State statute and by this Local Law including the review and approval or denial of special use permits, zoning variances, and appeals for interpretation of this Local Law.

1. The Town Board shall appoint a Board of Appeals consisting of five members, shall designate its chair and deputy chair and may also provide for compensation to be paid to said members, experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding in all the appropriations that may be made by the Town Board for such Board of Appeals. No member of the Town Board or Planning Board and no Town employee shall be eligible for membership on such Board of Appeals.

2. Members shall serve terms of five years. Such terms shall expire at the end of the calendar year. Any current members with terms that do not expire at the end of the calendar years shall serve until the end of the calendar year in which their terms are due to expire. At the expiration of any member term, such member may be reappointed or a new member may be appointed to a term which shall be equal to the number of members on the board

3. The Town Board shall have the power to remove any member of the Zoning Board of Appeals for cause and after a public hearing. Such cause may include failure of a member to gain a minimum level or training or minimum meeting attendance as established by the Town Board. If a vacancy occurs for any reason other than expiration of the term, the vacancy may be filled by the Town Board for the period of the unexpired term.

4. The Town Board may designate an alternate member to substitute for a member when such member is unable to participate on an application or matter before the Board. Such alternate member shall have all the powers and responsibilities of a Board member for the term defined by the Board.

5. The Town Board may compensate members of the Zoning Board of Appeals on a per meeting basis at a rate to be established by the Town Board.

B. CONDUCT OF BUSINESS

1. The Zoning Board of Appeals shall follow all rules, procedures and forms established by the Town in order to fulfill its responsibilities under this Law.

2. All meetings of the Zoning Board of Appeals shall be held at the call of the chair and at such other times as a majority of the Board may determine. The chair or in his or her absence, the acting chair may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. A concurring vote of a majority of all the members shall be necessary to take action on any matter before it.

3. The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every decision. If a member is absent of fails to vote, the minutes shall so indicate. Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision, interpretation or determination of the Zoning Board of Appeals shall be a public record and shall be filed in the office of the Town Clerk within five business days.

4. The Zoning Board of Appeals shall decide upon any appeal within sixty-two days after conducting a properly noticed hearing. This time for a decision may be extended by mutual consent of the applicant and the board.

C. GENERAL POWERS & POWERS OF INTERPRETATION

1. The Zoning Board of Appeals shall perform all duties and powers prescribed by the Laws of New York State and by this Local Law in connection with appeals to review any order, requirement, decision, interpretation, or determination made by an administrative official charged with the enforcement of this Local Law, generally the Zoning Officer of Building Inspector. An appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the Town. Such appeal must be taken within 60 days after the filing in the Town Clerk’s office of such order, requirement, decision, interpretation or determination and such appeal must specify the grounds thereof and the relief sought.

2. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from, and shall make such order, requirement, decision, interpretation, or determination as in its opinion ought to have been made in the matter by the Zoning Officer. In so doing, the Zoning Board of Appeals shall have all the powers of the administrative official from whose order, requirement, decision, interpretation, or determination the appeal is taken.

3. The Zoning Board of Appeals shall also perform duties and powers granted to it by Local Law adopted by the Town Board for reviewing and deciding Special Permit Uses.

D. APPEALS FOR VARIANCE

1. The zoning board of appeals, on appeal from the decision or determination of the Zoning Officer, shall have the power to grant use and area variances as defined here.

2. The zoning board of appeals, in granting a use or an area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

3. The zoning board of appeals, in granting a use or an area variance, shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the intent and purpose of the zoning law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

4. Use Variance. No use variance shall be granted by the zoning board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located,

a. the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
b. that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.
c. that the requested use variance, if granted, will not alter the essential character of the neighborhood; and,
d. that the alleged hardship has not been self-created.

5. Area Variance. In making a determination for an area variance, the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider:

a. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
b. whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
c. whether the requested area variance is substantial;
d. whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood district; and,
e. whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the zoning board of appeals, but shall not necessarily preclude the granting of the area variance.

1.8 - FEES

A fee for permit applications and services shall be charged. All fees shall be set by the Town Board and a fee schedule shall be available at the Town offices.

1.9 - SEVERABILITY

In the event any provision of this Local Law be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole, or any other part thereof, other than the part so declared to be unconstitutional or invalid.

1.10 EFFECTIVE DATE

This Local Law shall take effect upon its filing in the office of the Secretary of State.

ARTICLE II – DEFINITIONS

For the purpose of the Local Law, certain terms or words used herein shall be interpreted as follows:

A. SCOPE AND MEANING OF CERTAIN WORDS AND TERMS

1. Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural and the plural singular.

2. The word "PERSON" includes a profit or non‑profit corporation, company, partnership or individual.

3. The word "SHALL” is mandatory, the word "MAY" is permissive

4. The word "LOT” includes the word "PLOT" and the word "LAND".

5. The word "STRUCTURE” includes the word “BUILDING".

6. The word "USE" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, intended, made available or offered for use, or erected, reconstructed, altered, enlarged. moved or rebuilt with the intention of design of using the same.

7. The word "USED" refers to the actual fact that a lot or land, building or structure, or part thereof, is being occupied or maintained for a particular use.

B. DEFINITIONS OF WORDS AND TERMS

ACCESSORY APARTMENT: A separate and complete dwelling unit that is incidential and subordinate to a single family dwelling unit and is located within the structure of that single family dwelling unit or within an existing, approved accessory structure on the same lot as that single family dwelling unit.

ACCESSORY USE OR STRUCTURE: A use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure.

ADULT ENTERTAINMENT: Any use or substantial or significant part thereof in which is provided, in pursuance of a trade, calling, business or occupation, goods, including books, magazines, pictures, slides, film, phonographic records, prerecorded magnetic tape and any other reading, viewing or listening matter, or services including activities, facilities, performances, exhibitions, viewings and encounters, the principal feature or characteristic of which is the nudity or partial nudity of any person, or in respect of which the word “nude”, “naked”, “topless”, “bottomless” “sexy” or any other word or picture, symbol or representation having like meaning or implication is used in any advertisement.

AGRICULTURE: Any farm operation or related agricultural use consistent with New York State Department of Agriculture and Market rules and regulations. Includes the raising of crops, produce, fruits, vegetables, farm animals and related products and structures incidental thereto.

ANIMAL HOSPITAL: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to hospital use.

AUCTION HALL: A structure in which public sales are held for items which are displayed and sold to the highest or best bidder.

BED AND BREAKFAST: A home occupation within a single family residence wherein rooms are rented and a single daily meal is served to overnight guests for commercial purposes.

BUILDING Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind.

CAMP AND CAMPGROUND: Use of a parcel of land for location of two or more tents, shelters, or other accommodations along with common and customary recreation, food service and administration facilities of a design and character suitable for seasonal or other more or less temporary purposes, including day camp or overnight camp, but not including a mobile or manufactured home park, hotel, motel, or resort.

CEMETERY: A place used for the internment of the dead subject to any specific conditions defined for cemeteries in Section 4.14 of this Local Law.

CHILD DAY CARE: A use where professional child day care services are offered and operated by an individual, organization or agency licensed by the New York State Department of Social Services or through other applicable State regulations. Such use must be a “day care home” where services may be provided as an accessory use within a residence for up to ten (10) children when no more than four (4) children are two (2) years of age or up to twelve (12) children all over the age of two (2) years old, or a “day care center” where services are provided as a primary use or as an accessory use to a residence for seven (7) or more children of any age for more than three (3) hours a day but less than twenty-four (24) hours a day.

CHURCH OR PLACE OF WORSHIP: A place used for regular public worship by members or representatives of a bona fide religious sect or organization as recognized by State law.

CLINIC An establishment where patients are admitted for examinations and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

CLUB: An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of the club.

CLUSTER DEVELOPMENT: A subdivision plat or plats where applicable bulk, setback or area requirements of the zoning code are modified to provide an alternative method for layout, configuration or design of lots, buildings, structures, roads, utility lines , other infrastructure, parks, or landscaping in order to preserve natural or scenic qualities of open lands.

COMMERCIAL: The use of land, buildings or structures for the purpose of buying, selling or leasing commodities or services.

COMMERICAL ANIMAL FARM: Land and buildings used to house, raise or confine amimals for commercial training, handling or lodging purposes including a riding academy, livery, or boarding stable but not kennels.

COMMERCIAL RECREATION: A place designed for the conduct of sports, leisure time activities and other customary recreational activities including playgrounds, bowling, horseback riding, swimming pools and skating rinks. May include as accessory uses educational and instruction, retail sales and repair of equipment directly related to the activities provided on site as well as food and beverage servicde for recreation users only.

COMMERCIAL VEHICLE Any motor vehicle licensed by the State as a commercial vehicle.

CONDOMINIUM: A residential structure in which each individual dwelling unit is held in separate private ownership and all floor space, facilities and outdoor areas used in common by all residences are owned, administered and maintained by a corporation created pursuant to applicable State regulations and statutes.

CONFERENCE CENTER: An establishment used for the holding of conventions, seminars, workshops or similar activities, including dining and lodging facilities for the use of participants, as well as compatible accessory facilities such as recreation, administrative, maintenance, storage, and parking.

CONVENIENCE RETAIL: A facility involved with the retail sale of goods, personal services, or commodities, designed to promote the pleasant residential characteristics and shopping environment of a neighborhood and provide easily accessible stores and services within a given neighborhood.

COVERAGE: The percentage of a lot covered by the buildings and structures on that lot.

CULTURAL FACILITY: Any place designed or used primarily for the presentation to the general public of live theater, dance performances, musical concerts, cinema, lectures, exhibits or various art forms or exhibits of cultural, academic or scientific material specifically not including adult entertainment as defined elsewhere in this code.

DWELLING, MULTI-FAMILY A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE-FAMILY A detached residential dwelling unit designed for and occupied by one family only.

DWELLING, TWO FAMILY A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

DWELLING UNIT One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy,* rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping' facilities.

EATING AND DRINKING ESTABLISHMENT: A restaurant, luncheonette or cafe which serves meals and/or beverages which may or may not be alcoholic and also a bar or other retail establishment which serves alcoholic and non-alcoholic beverages with food. An eating and drinking establishment can include take out services but does not include drive-thru facilities.

EDUCATIONAL FACILITY: A place of instruction including public or private schools, colleges, universities, or institutes offering courses authorized by applicable State regulations. May include playgrounds, recreation, administration, maintenance, and other common facilities customary to educational uses as well as accessory use residences for staff or students.

ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance of structures, infrastructure, or other capital improvements by public utilities or municipal or other governmental agencies reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the specific use of the residents of the Town of Clermont and its public health, safety or general welfare.

FAMILY One or more individuals occupying a dwelling unit and living as a single household unit.

FARM OPERATION Any parcel of land used for gain in raising agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes riding academies,livery, boarding stables and kennels.

FARM STAND The use of any building, land or part thereof for the sale of produce, or other related farm wares grown, produced or created on the premises, or within the local vicinity thereto.

FENCE: Any man-made structure over two (2) feet in height which is designed to limit access to, enclose or screen from view, any land.

FORESTRY: The use of land for the purpose of conservation and/or growing and cutting of trees for the purpose of producing commercial or non-commercial wood products such as timber or firewood.

FUNERAL HOME A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GROUP HOME: A residence that houses no more then eight (8) unrelated individuals who live as a single housekeeping unit under a common housekeeping non-profit or government management, under a plan based on an intentionally structured relationship providing organization and stability for individuals consistent with New York State Department of Social Services or other applicable rules and regulations.

HOME OCCUPATION Any occupation carried out within a residence that is customarily conducted within a dwelling or accessory structure by the residents thereof that is clearly secondary to the residential use, and that does not change the character of the premises as primarily a residence. A MINOR HOME OCCUPATION shall be conducted by only the family residing in the residence. A MAJOR HOME OCCUPATION shall be conducted by only the family residing in the residence as well as no more than three (3) other employees.

HOTEL A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities. Includes motels, inns, resorts and other commercial lodging.

KENNEL The keeping, breeding, boarding or training of three or more dogs over six months of age for sale for which a fee is paid or charged.

L0T A lot is a parcel of land occupied or intended to be occupied by a principal building or use and the accessory buildings or uses customarily incidental to it. A lot shall be of sufficient size to meet the minimum requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on a public street. In no case of division or combination shall any residual lot or parcel be created which reduces the size of the lot so that it is below minimum requirements of this Local Law.

LOT COVERAGE That portion of a lot covered by impervious surfaces through which water can not be absorbed including all buildings and all concrete, asphalt or similar surfaces used for parking, sidewalks, drives and roads.

LOT OF RECORD A lot which is part of a subdivision recorded in the Office of the Columbia County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

MANUFACTURED HOME: A single family residence built according to the Federal Manufactured Housing Construction and Safety Standards (24 CFR 3280) HUD Code. May include a modular home which is a single family dwelling which consists of two or more sections transported to a site or a series of panels or room sections transported on a truck and erected or joined together on site. Modular homes may or may not have an integrated chassis.

MANUFACTURING/LIGHT INDUSTRY: The processing, fabrication, assembly and storage of materials when conducted without generation of excessive traqffic or noise, odor, glare or other nuisances perceptible at the property line.

MEDICAL ESTABLISHMENT: A place where medical care is provided to persons on an in-patient or out-patient basis by one or more members of the medical profession, dentists, chiropractors, osteopaths, therapists, or other licensed professionals. Includes hospital, medical clinic, nursing home, or living care facility.

MANUFACTURED HOME PARK: Any parcel of land which is planned and improved for the placement of two (2) or more manufactured or mobile homes which are used as single‑family dwellings and for occupancy of more than ninety (90) consecutive days.

MINING: the extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or part thereof for the extraction or removal of minerals from their original location and/or the preparation, washing, cleaning, crushing, stockpiling, or other processing of minerals at the mine location so as to make them suitable for commerical, industrial or construction use.

MOTOR VEHICLE REPAIR, SALES, OR SERVICE: A place authorized by applicable State regulations where new or used motor vehicles including recreational vehicles can be displayed, stored and maintained for commerical repair, sale or service.

NONCONFORMING‑LOT: Any lot existing at the‑time of enactment of this Local Law which does not conform to the minimum size of the district or zone in which it is located.

NONCONFORMING STRUCTURE: Any lawfully existing structure which

is in existence within a given zoning district on the effective

date or any amendment thereto of this Local Law which is not

in conformance with the dimensional regulations for that zoning

district irrespective of the use to which it is put.

NONCONFORMING USE: Any lawfully existing use which is in existence within a given zoning district on the effective date of this Local Law or amendment thereto, but which is not an accessory, permissible or special permit use in that zoning district; or a use for which a variance has previously been granted.

NURSING HOME: An extended or intermediate care facility

licensed or approved to provide full‑time convalescent or

chronic care to individuals who, by reason of advanced age

chronic illness or infirmity, are unable to care for themselves.

NURSERY Land or greenhouses used to raise flowers, shrubs and plants and related items for sale.

OFFICIAL TOWN MAP Is designated by the Town Board.

OFFICE: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations. Inludes the office of a member of a recognized profession maintained for the conduct of that profession, such as doctor, dentist, lawyers, accountants, real estate, insurance, etc.

OPEN SPACE Terrain left undeveloped (conservation areas) and essentially unaltered as in their natural state. It does not include sidewalks, driveways, patios, parking areas, etc., but does include wetlands, forest, pasture, etc.

PARKING SPACE, OFF‑STREET: For the purpose of this Local Law, an off‑street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides together with properly related access to a public street or alley and maneuvering room. Required off‑street parking areas for three or more automobiles shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, way, alley and so that any automobile may be parked and unparked without moving another.

For purpose of rough computation, an off‑street parking space and necessary access and maneuvering room may be estimated at three hundred (300) square feet, but off‑street parking requirements will be considered to be fulfilled only when actual spaces meeting the requirements to the circumstances of the case, and in accordance with all Local Laws and regulations of the Town.

PERMITTED USE: A specific main use of a building, structure, lot or land, or part thereof, which this Local Law provides for in a particular district as a matter of right.

PERSONAL OR PROFESSIONAL SERVICES: Establishments primarily engaged in providing services, with accessory retail sales, for the care of a person or his or her apparel or as provided by one or more skilled, trained or licensed professionals offering advice, assistance or training to individuals.

PLANNED INDUSTRIAL DEVELOPMENT (PID): A type of planned unit development (PID) dedicated primarily to manufacturing and/or light industrial uses but may include other non-residential uses permitted or permitted by special permit use in the applicable zoning district which are secondary to and compatible with the primary use or manufacturing and/or light industrial

PLANNED UNIT DEVELOPMENT (PUD): A lot or contiguous lots upon which residential, commercial, cultural, manufacturing, recreational or other uses permitted or permitted by special permit use in the applicable zoning district or any combination thereof may be permitted in a flexible manner so as to achieve the goals of the Town comprehensive plan and the purposes of this Local Law.

PROHIBITED USE: ‑ Any use which is not listed as a PERMITTED, SPECIAL PERMIT or ACCESSORY USE shall be considered a prohibited use.

RECREATIONAL FACILITIES: A place designed and equipped for the conduct of a sport, leisure time activities or other customary and usual recreational activities.

RESIDENCE ATTACHED OR ABOVE COMMERICAL: A separate and complete dwelling unit that is incidential and subordinate to an existing, approved non-residential use and is located within the primary structure of that use.

RETAIL/WHOLESALE STORE: A place where goods, wares, merchandise, substances, articles, or things are offered or kept for sale directly to the public or to businesses and institutions.

RETAIL/WHOLESALE GROUP: One or more attached retail/wholesale stores on a single lot.

RESEARCH/DEVELOPMENT FACILITY: A place used for scientific research, investigation, testing or experimentation but not for manufacturing or sale of products except as accessory to the research use.

RIGHT OF WAY: A right of way shall be considered as twenty five (25) feet from the center of a Town or County road and thirty five (35) feet from the center of a State road.

ROADS: Roads shall be constructed according to Town of Clermont Specifications, available from the Clermont Town Clerk.

SIGNS: Any display of lettering, numbering, logos, designs, colors, lights, or illumination visible to the public from outside of a building or from a public right-of-way, which either conveys a message to the public, or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted, events, goods, product, services, or facilities available.

SIGN, OFF‑SITE: A sign other than an on‑site sign.

SIGN, ON‑SITE: A sign relating in its subject matter to the premises an which it is located, or to products, accommodations, services, or activities on the premises. On‑site does not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

SITE PLAN: A rendering, drawing or sketch prepared to Town specifications and containing necessary elements as set in this code which show the arrangement, layout and design of a proposed use of a single parcel of land.

SPECIAL PERMIT USE: A particular land use which is allowed subject to special requirements imposed by this Code to assure that the use is in harmony with and will not adversely affect the neighborhood. In Clermont a permit shall be approved prior to and in combination with site plan review.

STORAGE UNIT; A commercial structure used for the indoor storage of personal or commercial goods, equipment or supplies and/or used for the maintenance of such equipment.

STRUCTURE; Anything constructed or erected with a fixed

location on the ground, or attached to something having a fixed

location on the ground. Among other things, structures include

buildings, manufactured homes, walls, privacy fences over four (4)feet in height, billboards, poster panels, driveways, roads and swimming pools.

TOWNHOUSE: One family dwelling units in a row of at least three (3) such units in which each has its own front and rear access to the outside, no unit is placed over another, and each unit is separated from another by one or more vertical, common fire-resistant walls.

TRAILER,: A structure that is intended to be transported over the streets and highways and is designed for temporary use as a dwelling and does not meet the definition of manufactured home. Sometimes referred to as a “mobile home”.

TELECOMMUNICATION TOWER: A structure, including accessory buildings such as equipment sheds, on which transmitting and/or receiving antennae are located. Such antennae are a system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radionavigation, radio, television, wireless and microwave communication. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.

VARIANCE, USE: Shall mean the authorization consistent with New York State Town Law Section 267-b and by the zoning board of appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

VARIANCE, AREA: shall mean the authorization consistent with New York State Town Law Section 267-b and by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

WAREHOUSE:‑ A building used primarily for the storage of goods and materials.

YARD, FRONT: An open space extending across the entire width of the lot between the front building line or front main wall of a building and the front property line (street or road right of way line). In the case of a corner lot, both yards abutting streets will be considered front yards.

YARD, REAR: An open space on the same lot with a building

situated between the nearest roofed portion of the main building

or buildings and the rear lot line, and extending from side lot

line to side lot line.

YARD, REQUIRED: That portion of the open area or a lot

extending open and unobstructed from the ground upward, along a

lot line for a depth and width as specified by the bulk

regulations of the district in which the lot is located. No

part of such yard shall be included as part of a yard or other

open space similarly required for buildings an another lot.

YARD, SIDE: An open space on the same lot with a building situated between the building and the side lot line of the lot, and extending through the front yard (or from the front lot line where no front yard exists), to the rear yard (or to the rear lot line where no rear yard exists.)

ARTICLE III ‑ ESTABLISHMENT OF DISTRICTS

3.1 DISTRICTS

In order to carry out the purpose of this Local Law described in Article I, the Town of Clermont is divided into the zoning districts as shown on a map entitled “Zoning Map Town of Clermont and as defined in this section. Land uses permitted or permitted as special uses in each and every district are attached in a schedule of uses herein (see Article 3.4) and are subject to the Density Control Schedule (see Article 3.5). Definitions for such uses are found in Article II of this Law.

3.11 RESIDENTIAL AGRICULTURAL (RA)

The Residential‑Agricultural district contains the majority of prime farms and farmlands in Clermont which require protection against incompatible uses which might destroy the favorable agricultural community. The principal permitted uses are farming, related agricultural activities and a low density of residential use. Other types of uses are permitted only in special instances where they cannot interfere with the agricultural activities or where they cannot be better accommodated in other areas of the Town.

3.12 LOW DENSITY RESIDENTIAL (LDR)

These are the areas that should have a low intensity of use, with a recommended residential density of one family per five (5) acres. The criteria used in selecting the land areas to be devoted to this district are the lack of roads or road networks within the area; the topography of the land, whether steep or swampy; the availability or unsuitability of the land for sewage drainage fields, and the remoteness of the land from population concentrations.

3.13 HAMLET (H)

This is to provide areas in or adjacent to the existing hamlets with a density of family living and businesses that are normally found in small towns. The density allowed is based on the availability of off‑site water and/or sewage.

The intent of the this district is to retain the hamlet character while permitting diversified residential and commercial development. This district is designed to encourage the adaptive re‑use of existing buildings and the construction of new buildings that are in scale with and compatible with the existing buildings in the community. Permitted principal uses include one and two family dwellings, professional offices, retail stores, churches, medical clinic or doctor's offices, bank, etc.

3.14 FLOOD AREA OVERZONE (FAO)

This area describes the land within the Town adjoining a river, stream, watercourse, or lake that is subject to periodic flooding, as defined by the Federal Flood Insurance

Administration. The purpose of the FAO is to protect the

health, safety and welfare of the inhabitants of the Town of

Clermont from the hazards due to periodic flooding including the

protection of persons and property, the preservation of water

quality, and the minimizing of expenditures for, insurance and

flood control projects.

The Flood Area Overzone is designed to be "superimposed" on

the other zoning districts. The dimensional requirements and

the use regulations of each of these districts would pertain to

those areas overlapped by the FAO. 3.15 ROE JAN CORRIDOR (RJC)

This area has been designed to protect one of Clermont's greatest natural resources. This district runs the length of the Roe Jan Kill within the boundaries of the Town and extends five hundred (500) feet from the creek bank. It is limited primarily to single‑family residential building and certain commercial uses only when complementary to the unique resource values of this district. All such uses are on lots with a minimum of five (5) acres and a minimum of four hundred fifty (430) feet of stream frontage.

3.16 PLANNED INDUSTRIAL DISTRICT (PID)

This district provides for the establishment of a planned and landscaped mercantile and/or manufacturing area in the form of a floating zone. In the Town of Clermont , any such district shall be a minimum of nine (9) acres, and shall be situated along public streets or roads; the PID shall be designed and planned as a harmonious unit. The specific location and boundaries shall be determined by amendment to the zoning map by the Town Board, in accordance with the requirements and procedures set forth in this Chapter.

3.17 RESIDENTIAL/LIMITED BUSINESS (RLB)

This area provides for a combination of residential and limited business uses and connects the hamlet areas, with a recommended density of one (1) acre. The criteria used in establishing this area is the close proximity to the hamlet areas and/or urban centers, the availability of adequate roadways to handle the anticipated traffic of these business uses.

3.18 RESIDENTIAL/LIMITED BUSINESS (3 ACRES) (RLB/3)

This area, similar in design to the RLB shall run the full length of Route 9G, and have a boundary on the LDR and RA areas east and west. The recommended density of this area is three. (3) acres due to the topographical design, soil types and drainage abilities of the area.

3.2 ZONING MAP

The districts mentioned in Section 3.1 are bound as shown on a map entitled "Zoning Map Town of Clermont", adopted by the Town Board and certified by the Town Clerk and which, with all explanatory matter thereon, is hereby made a part of this Local Law.

3.3 INTERPRETATION OF DISTRICT BOUNDARIES

Where uncertainty exists with respect to the boundaries of any of the previously mentioned districts as shown an the zoning map, the Zoning Board of Appeals shall decide.

1. Where district boundaries are indicated as approximately following the center of streets and highways, street lines, or highway right of way lines, street lines, or highway right of lines shall be construed to be such boundaries.

2. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

3. Where district boundaries are indicated that they are approximately parallel to center lines or street lines of streets, the center lines or right of way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the said zoning map.

4. Where the boundary of the district follows a railroad line, such boundary shall be deemed located in the middle of the main track of said railroad line.

5. Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the town of Clermont unless otherwise indicated.

6. When a district boundary line divides a lot in a single ownership at the effective date of this Local Law or any subsequent amendment thereto, the Board of Appeals may permit extension into one district.

3.4 SCHEDULE OF USES

P = permitted X = not permitted TB = Town Board approval required prior to Planning Board site plan

P-PB = permitted with Planning Board site plan required

SP = special use permit and site plan required

USE DISTRICT

residential agricutlural

(1A)

hamlet

RLB3

Residential Limited Business (3A)

LDR

Low Density Residential

(5A)

RLB

Residential Limited Business

(1A)

RJC

Roe Jan

Corridor

(5A)

PID

Planned Industrial District

Accessory Use (varies by use)

Accessory Apartment

P-PB

Adult Entertainment

Agriculture

Animal Hospital

P-PB

Auction Hall

Bed and Breakfast

P-PB

Motor Vehicle Repair, Sales, or Service

Camp and campground

Cemetery

Child Day Care

P-PB

Church/Place of Worship

P-PB

Club

P-PB

Cluster Development

P-PB

Commercial Recreation

Conference Center

P-PB

Convenience Retail

P-PB

Condominium/Townhouse

Cultural Facility

P-PB

Eating and Drinking Establishment

P-PB

Educational Facility

P-PB

Essential/Government/Utility Services

P-PB

Forestry

Funeral Home

Group Home

P-PB

Home Occupation w/ Residence - Minor

Home Occupation w/ Residence - Major

P-PB

Hotel/Motel/Commercial Lodging

Kennel/Animal Clinic

Manufactured Housing

Manufactured Housing Park

Manufacturing/Light Industrial

Medical Establishment

Mining

Motor Vehicle Repair, Sales, Service

Nursery & Greenhouse

P-PB

Offices

P-PB

Personal or Professional Service

P-PB

Planned Industrial Development (PID)

N/A

Planned Unit Development (PUD)

N/A

Residence - Single Family

Residence - 2 single family on single lot

Residence - two family

Residence - multi-family

Residences attached/above commercial

P-PB

Retail/Wholesale Store

P-PB

Retail/Wholesale Group

Research/Development Facility

Riding Stable/Animal Farm

P-PB

Storage Unit - Commercial

P-PB

Telecommunication Tower

Warehouse

3.5 DENSITY CONTROL SCHEDULE

No building shall be erected, moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in accordance with this schedule and all or the provisions of this Local Law for the district in which such building or land is located.

Additional dimensional requirements including lot coverage, height, and floor space are defined in Chapter IV of this Local Law.

DIMENSIONS DISTRICTS

RLB3

LDR

RLB

RJC

Minimum lot area (acres)

Minimum lot width at front yard setback (ft.)

150

200

400

150

250

Minimum front setbacks (ft.)

Minimum side setbacks (ft.)

Minimum rear setbacks (ft.)

100

Maximum building height (ft.)

Maximum lot coverage (%)

Minimum road frontage (ft.)

Notes:

Roe Jan Corridor must also have 450 feet of stream frontage

Setbacks are to be measured from the property lines.

Setbacks for accessory structures required that not accessory structure shall be located within a front yard, and within ten (10) feet of any side yard or rear yard property line.

Refer to supplemental regulations for additional requirements for Flood Area and for Planned Industrial Districts.

ARTICLE IV ‑ GENERAL REGULATIONS

4.1 APPLICATION OF REGULATIONS

Except as hereinafter provided no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein.

All uses shall be in conformance with the Schedule of Uses and Density Control Schedule found in this Local Law including provisions for site plan, special permit, or Town Board review and approval as defined in the Schedule of Uses.

4.2 LOTS

(1) Lots which abut on more than one street shall provide

the required front yard setbacks along every street.

(2) All structures, whether attached to the principal

structure or not, and whether open or enclosed, including

porches, carports, balconies, or platforms above normal grade

level, shall not project into any minimum front, side or rear

yard.

(3) In any district, notwithstanding limitations imposed

by other provisions of this Local Law, a single lot at the

effective date of adoption of this Local Law may be built upon,

as long as it meets approval by the County Department of Public

Health. Such a lot must be in separate ownership, and not of

continuous frontage with other such lots in the same ownership.

This provision shall apply even though such lots fail to meet

the requirements for area or width, or both, that are generally

applicable in the district, provided that yard dimensions and

other requirements not involving area or width of the lot shall

conform to the regulations for the district in which the lot is

located.

If two or more lots or combination of lots and portions of lots with continuous frontage are in single ownership at the time of the passage or amendment of this Local Law, and if all or part of the lots do not meet the requirements for lot width and area as established by this Local Law, the land involved shall be considered to be an individual parcel for the purpose of this Local Law and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this Local Law, except if each and every parcel created that is below the requirements is purchased by the owner or owners of the adjoining properties to increase the size of said owner or owners property.

4.3 OFF‑STREET LOADING

Off‑street loading shall be spaced logically and conveniently located to‑be used and accessible to such vehicles when required off‑street parking spaces are filled and shall be provided for all commercial and industrial uses. Required off-street loading space is not to be included as off‑street parking space in computation of required off‑street parking spaces.

4.4 LOT COVERAGE

In all districts, structures may not cover more than thirty percent (30%) of the lot. In Planned Unit Development or Planned Industrial Development individual lots may exceed this requirement as defined by the Town Board, but the overall PUD or PID project may not.

4.5 HEIGHT‑REGULATIONS

In all districts, structures shall not exceed thirty five (35) feet in height above average ground level unless approved by the Zoning Board of Appeals.

Maximum height limitations shall not apply to telecommication towers, church spires, belfries, monuments, tanks, water and elevator bulkheads, smokestacks, solar heating equipment, satellite dishes, silos, barns and other farm structures, and flagpoles except as specifically defined elsewhere in this Local Law.

4.6 REQUIRED FLOOR SPACE

In all districts, there shall be a required minimum of seven hundred (700) square feet of floor space per single family dwelling unit except for accessory apartments which shall be smaller than the unit they are accessory to while remaining in compliance with all applicable State building code requirements. This measurement of floor space shall not include the basement. This measurement does not apply to apartment units.

No single commercial building or structure may exceed twenty thousand (20,000) square feet of lot coverage.

4.7 OUTDOOR STORAGE

In all districts, there shall be no outdoor storage at front or side yards which is in public view.

4.8 PLANNED UNIT DEVELOPMENT (PUD)

Planned Unit Development may be accomplished through an amendment to the existing zoning Local Law for each specific project. All procedural requirements for adoption of an amendment would apply. Any subsequent use change from such PUD amendment shall be subject to a new review.

Proposals for Planned Unit Development shall be submitted to the Town Board. The Town Board shall refer the proposal to the Planning Board immediately upon receipt. The Planning Board shall have no more than sixty-two (62) days to review and submit comments an such a plan. The material accompanying the proposal shall contain the following:

Required concept site plan shall show all buildings, parking areas, signs and landscaping at a scale sufficient to permit the study of all elements of the plan. All utilities shall also be shown and described. Typical elevations and floor plans of all buildings may also be required. However, elevations for all signs shall be provided. In addition, the site plans shall show the adjacent building outlines and other outstanding features within two hundred (200) feet or as required by the Planning Board.

The Planning Board and Town Board shall review the plan and study whether or not the development will result in the following:

1. A choice in the types of environment and living units available to the public and quality in residential land uses so that development will be a permanent and long term asset to the town.

2. Open space and recreation areas. The Town would like to encourage open space type planning.

3. A pattern of development which preserves trees, outstanding natural topographic and geologic features and prevents soil erosion.

4. An efficient use of land resulting in smaller network of utilities and streets.

5. An environment in harmony with surrounding development.

6. A more desirable environment than would be possible through the strict application of other sections of this Local Law.

7. Creation of new hamlets when needed to prevent the sprawl of the residential areas.

Also, the area of land to be developed shall not be less than twenty five (25) acres and must contain a minimum of two hundred (200) feet of continuous frontage on a public way along which it is located. The predominant use of the land shall not differ substantially from the uses permitted in the district in which the plan is located. Differences may be that a Planned Unit Development, dwelling units may be multi‑family. Commercial uses designed only to service the project may be permitted.

The average density of the entire Planned Unit Development shall not exceed one (1) dwelling unit per 20,000 square feet. Off lot water and/or sewer must be provided if lot sizes are less than one (1) acre; and at least fifty percent (50%) of the development must remain as open space for common usage. Lot size, width, front yard depth and side yard requirements may be waived, however, these will be evaluated individually on their own merit.

The zoning amendment by the Town Board would change the district classification to accommodate the Planned Unit Development proposal. Just as in any other zoning district, the uses should be described, as well as densities, heights, setback requirements and any supplemental procedures and standards.

At the time of the zoning amendment the Town Board may specify a time period before which a defined phase or phases of development must occur.

With a proper zoning amendment, any PUD will require site plan review and approval from the Planning Board.

4.9 OFF‑STREET PARKING

Off‑street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any new use is established or existing use is enlarged. Public off‑street parking or legally shared use of private off-street parking in lieu of on‑site parking may be utilized to fulfill parking requirements when provided for this purpose within a distance appropriate to the proposed use but not exceeding five hundred (500) feet. Adequate space should be allowed for required ingress and egress to parking spaces and driveways for residents and for accessibility to each individual parking space.

When development of any use is phased, off street parking provisions may be pro-rated and phased with such development. Such provisions shall be enforced by the Zoning Enforcement Officer.

Where a combination of uses is on a lot, the required minimum spaces shall be the sum for all uses.

Parking spaces shall be a minimum of nine (9) feet wide and twenty (20) feet long. In all cases the majority of off street parking shall be preferable towards the side or rear yard in relation to the street. Screening such as plantings, fencing or landscaping may be required to buffer parking of five or more spaces from adjoining lots, adjoining land uses, and any public rights of way. Any lighting shall be designed to reflect away from any public street or right of way and from all adjacent property.

Directional signs to parking may be erected consistent with the sign standards elsewhere in this chapter.

MINIMUM OFF-STREET PARKING SPACES REQUIRED

2 for each dwelling unit plus 1 per additional room rented.

1 for every 300 gross square feet of non-residential uses except as noted below:

1 for every 200 gross square feet of retail, personal or professional services.

1 for every 100 gross square feet of eating or drinking establishment, health club or similar high traffic service.

1 for every 200 gross square feet of medical establishment.

1 for every 500 gross square feet of manufacturing or warehouse.

1 for every 300 gross square feet of government, conference, club, church, or similar place of assembly

1 per guest room plus 1 per 500 gross square feet of motel, hotel or lodging.

1 per 3.5 seats in assembly rooms plus 1 per faculty member for all educational uses.

4.10 PLANNED INDUSTRIAL DISTRICT (PID)

PURPOSE:

The Planned Industrial districts are planned and landscaped manufacturing areas. They are intended to encourage an orderly concentration of industrial facilities in selected areas of the Town and they would assure that such uses will be compatible with, and will not adversely affect, abutting properties and the surrounding community.

The Town Board may approve a PID in the Town of Clermont, providing the requirements of this section are met and the PID is designed and planned as a harmonious unit. That is, a unit which‑meets the required design and/or performance standards, insures a compatibility between the immediate surrounding land uses, and which is an asset to the neighborhood and the Town. The PID may be employed, particularly, in locations where, from the point of view of an overall development concept, land preservation and conservation decisions, or maintenance of a rural or historical flavor, may determine a sensitive use of land.

PID ESTABLISHMENT PROCEDURES:

In Planned Industrial Districts, land and buildings may be used for the purposes as authorized by the Town Board in accordance with the following procedures:

Application for the establishment, expansion or change in use of a PID shall be made to the Town Board. The Town Board shall refer the application to the Town Planning Board for consideration. If an application is approved by the Town Board, site plan review and approval must be obtained before construction can commence.

The tract of land for a project must be at least nine (9) acres in size, must front on a state or county road and may be owned, leased or controlled either by a single person, or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in the project. In the case of multiple ownership, the approved plan shall be binding on all owners.

The fee for an application for establishment of a PID is listed on the schedule of fees, available from the Town Clerk.

All approved plans shall be binding an all successors of the applicants.

The proposal for PID shall generally be submitted and reviewed with the Planning Board and the Town Board in three stages, as follows:

1. PRELIMINARY PROPOSAL

This submission is intended to permit initial review and evaluation of the design and development concept and to secure agreement and/or approval of the general concept.

Submission of the following type of information is required:

A written statement of the proposal, sketch plan, sketches, diagrams and other materials as may be requested to clarify or explain the design or other aspect of the proposal to include:

a. Location of various allowed uses and the approximate square footage of each;

b. General outline of vehicle circulation systems, parking areas and all existing rights‑of‑way and easements;

c. The overall drainage systems, and sediment and erosion control plans; and

d. If grades exceed three percent (3%), a topographic map showing contour intervals of not more than five (5) feet. I

2. MARKET STATEMENT

Submission of an economic statement describing the potential demand for the services offered or products produced by the proposed project. The statement shall include facts and information describing the type of activity to be conducted on the premises, the type of products or services produced or offered, and the potential customers of the products or services.

3. INTERIM PROPOSAL

This proposal is intended to permit further review, including any revision based upon prior review, or otherwise proposed by the developer.

Submission of the following type of information is required:

a. Preliminary site development plan, general buildings plans, and other information as may be requested;

b. Proposed construction sequence for buildings, parking, landscaping and proposed buffering;

4. FINAL PROPOSAL

The following information is required:

a. Proof of land ownership or lease ‑Application(s) must show evidence of a full ownership interest in the land such as legal title to the land or the execution of a binding sales agreement or lease.

b. Site plan developed in detail to describe the character and scope of the proposal completely. This information shall include:

A plan of the site and surrounding areas drawn to a scale of not more than one hundred (100) feet to the inch, accurately dimensioned, showing the following:

Location of existing and proposed land use areas, lots, yard lines, buildings, structures, parking, loading and docking areas, and access roads and streets, community facilities, topography, drainage, public utility systems, and expected flow of traffic in and out of the area.

A more detailed plan of the site drawn to a scale of twenty (20) feet or less to the inch showing the following:

The use and height of each proposed building or structure, the number of parking spaces in each proposed parking area, proposed landscaping throughout the project, and pedestrian walkways.

Construction sequence and time schedule for completion of each phase for building, parking and landscaped areas.

In addition, the developer may be required to furnish any other such drawings and specifications for a further understanding of the project that the Board may request. In reaching its final decision on the proposed development, the Planning Board shall consider, among other things:

1. The need for the proposed use in‑the proposed location;

2. The existing character of the neighborhood in which the use would be located;

3. The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property;

4. The land use plan and the comprehensive plan of the Town.

5. The adequacy and location of