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.

 

1. 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.
2. 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
3. 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.
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 Planning 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 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.
6. 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;