Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 5-14-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
A. 
It is the purpose of this chapter to promote the health, safety and general welfare of the residents of the Town of Clarence by:
(1) 
Regulating the number and location of commercial event sales.
(2) 
Regulating community-wide special events including privately organized and non-sale events.
(3) 
Regulating garage and yard sales.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL EVENT SALES
Activities conducted by existing and permitted commercial, retail and similar uses located within the commercial and major arterial zones, which utilize space outside of an approved commercial/retail building in the required yard space and/or parking facilities of such buildings. Such sales shall include but not be limited to sidewalk sales, tent sales, grand openings, going-out-of-business sales, holiday sales and similar activities.
GARAGE AND YARD SALES
Activities conducted by existing and permitted residential uses which advertise for sale property customarily associated with such residential uses on such premises.
PERSON
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
PLAZA
Two or more retail businesses and/or commercial operations having one or more common walls or utilizing the same parking area or areas, accessways or outdoor lighting systems.
SPECIAL EVENTS
Community-wide events not otherwise associated with a commercial entity. Such activities shall include but not be limited to craft fairs, trade shows, circus or carnival events, holiday or seasonal events, parades, demonstrations and other similar community-wide attractions/events.
A. 
Commercial event sales.
(1) 
Commercial event sales shall only be allowed in the Commercial and major Arterial Zones as defined in Chapter 229, Zoning.
(2) 
Each individual business may conduct two such commercial event sales in any calendar year. No two such sales by a particular business shall run consecutively.
(3) 
Special event sales may run for a maximum of five days in duration.
(4) 
In the case of a tent sale, one banner/sign shall be allowed. Such sign/banner shall be attached to the tent and shall contain no more than 32 square feet of surface area.
(5) 
No balloons, pennants, flashing lights, strings of flags or other similar devices with moving, fluttering or revolving items shall be allowed. A temporary sign may be allowed under separate application.
(6) 
Any illumination or lighting device shall employ only light of a constant intensity, and nothing shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. No items shall be so placed or directed as to permit the illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare, reflection or danger to any person or persons.
(7) 
Nothing in this chapter shall prevent a charitable/civic organization from conducting a special event as long as a site plan and any required insurance are filed with the Zoning Department.
B. 
Commercial event sales in plazas.
(1) 
Only one special event sale per plaza at any one time will be permitted.
(2) 
Plazas may conduct special event sales representing all individual stores within that plaza as one distinct application. A special event sale conducted by a plaza shall be counted as a special event sale for each individual business within such plaza.
C. 
Special events.
(1) 
Special events shall be allowed in all zoning districts as defined in Chapter 229, Zoning.
(2) 
Temporary signs announcing the event must be freestanding and located so as not to interfere with required site distances and may not be attached to utility poles, street signs or existing structures in the right-of-way.
(3) 
Event coordinators must supply plans for parking and access for emergency vehicles and personnel.
D. 
Garage sales/yard sales.
(1) 
Garage/yard sales are allowed in all zoning districts as defined in Chapter 229, Zoning.
(2) 
An individual residence may conduct two such sales per calendar year, each not exceeding 10 days in duration and meeting conditions as described in this chapter.
(3) 
Such sales shall not be conducted so as to run consecutively.
(4) 
Temporary signs announcing a garage/yard sale may not be attached to utility poles, street signs or existing structures located within a street/highway right-of-way.
(5) 
Temporary signs announcing a garage/yard sale must be freestanding and located so as not to disrupt traffic flows.
(6) 
Temporary signs announcing a garage/yard sale must be removed immediately upon conclusion of the sale.
(7) 
Temporary signs announcing a garage/yard sale may not exceed two square feet in area.
(8) 
Nothing in this chapter shall prevent a charitable/civic organization from conducting a community garage sale as long as conditions as herein described are met.
A. 
Commercial event sales shall only be allowed with a permit issued by the Zoning Department of the Town of Clarence.
(1) 
Applicants shall submit a site plan drawn to scale depicting the location of tents and outdoor activities. Such site plans shall indicate setbacks from property lines, parking plans, traffic flow plans and pedestrian flow plans.
(2) 
Applicants shall submit an application which includes the name and address of the applicant along with the site plan and any insurance required by the Town to name the Town as an additional insured on any policy associated with the special event.
(3) 
In reviewing applications for commercial event sales, the Zoning Department of the Town of Clarence shall not allow an event negatively affecting the health, safety and welfare of the residents of the Town. No commercial event sale shall restrict:
(a) 
Vehicular traffic flow.
(b) 
Pedestrian access and safety.
(c) 
Fire lane access.
(d) 
Lighting.
(e) 
Visibility.
(f) 
Lines of sight.
(g) 
Setbacks off public rights-of-way and street/highway lines.
(h) 
Setbacks off the side and rear property lines of adjoining uses. Displays/events must generally conform to the zoning regulation setbacks for that zoning district.
(4) 
The Zoning Department of the Town of Clarence shall have the authority to reject any application not in conformity with these provisions.
(5) 
Appeals of a decision of the Zoning Department shall be heard by the Town Board.
(6) 
The Zoning Department of the Town of Clarence shall issue a notice of violation to any person operating a special event sale in contravention to the regulations herein described.
B. 
Special events shall be allowed by a permit issued by the Town Board of the Town of Clarence.
(1) 
Applications shall be made through the Zoning Office to appear before a regular meeting of the Town Board.
(2) 
Applicants shall submit an application which includes the name and address of the applicant along with the site plan to include parking, emergency vehicle access and any insurance required by the Town to name the Town as an additional insured on any policy associated with the event.
A. 
An applicant for a commercial event sale permit or a special event permit shall pay to the Town of Clarence at the time an application is submitted a fee as set by resolution of the Town Board of the Town of Clarence.
B. 
Special events sponsored by a local civic/charitable organization shall be exempt from any fees; however, all other requirements of this chapter as herein described must be met, including a site plan and any required insurance.
A. 
Any person who shall use, allow, let or permit to be used property for a commercial event sale as defined in this chapter without having a written permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter.
B. 
Any person who shall use, allow, let or permit to be used property for a garage/yard sale which violates any of the provisions of this chapter shall be guilty of a violation of this chapter.
C. 
A separate offense against this chapter shall be deemed committed on each day during or on which a violation occurred or continues. A separate penalty may be imposed for each separate offense.
D. 
For each violation of this chapter, the person violating the same shall be subject to a fine of not more than $250.