The following provisions shall apply throughout
the jurisdiction of this chapter, regardless of the underlying regulating
district.
No building or land shall hereafter be used
and no building or part thereof shall be erected, moved or altered
except in conformity with the regulations herein specified for the
district in which it is located.
A.
No yard or lot existing at the time of passage of
this chapter shall be reduced in size or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet at least the minimum requirements established
by this chapter.
B.
Every building hereafter erected, moved or structurally
altered shall be located on a lot and in no case shall there be more
than one principal building and its customary accessory building(s)
on any lot, except in appropriate zoning districts which permit a
lot to contain both residential and commercial uses in one or more
principal structures or within the same structure.
C.
Nothing in this chapter shall be deemed to require
any change in the plans, construction or designed use of any building
or structure upon which a building permit was secured prior to the
adoption of this chapter, so long as said building permit remains
valid.
D.
All nonresidential lots shall have access available
from a public street or a thirty-six-foot maintained easement for
use by service or emergency vehicles.
E.
Any group of five or more residential lots must have
access available from a paved public street with a minimum sixty-foot
right-of-way, except that a private driveway may be allowed to service
developments that meet the open development area regulations, open
space design development requirements, and other developments that
the Town Board determines that a public benefit cannot be derived.[1]
[1]
Editor's Note: Former Subsection F, regarding
the right-of-way for up to four residential lots, which immediately
followed this subsection, was repealed 2-14-2007 by L.L. No. 1-2007.
The Zoning Enforcement Officer shall determine
the location of required front, side and rear yards on irregularly
shaped lots. The determination will be based on the spirit and intent
of this chapter to achieve an appropriate spacing and location of
buildings and structures on individual lots, subject to review and
approval of the Zoning Board of Appeals.
Any site of disturbed ground over one acre in
size shall adhere to the following provisions:
A.
All proposed stormwater management facilities shall
be analyzed, designed, and constructed in accordance with the New
York State Stormwater Management Design Manual (October 2001 or most
current edition), be compliant with all Environmental Protection Agency
Stormwater Phase II regulations and requirements, and be compliant
with requirements of the Building and Engineering Departments.
All lots shall provide required yards as shown:
 |
A.
Rear yards extend from the corner of a structure forming
the primary rear wall facade of the structure to the back lot line.
B.
Structures with staggered rear facade walls shall
measure rear yards from the corner of the wall with the longest facade
facing the rear lot line.
C.
Structures with two staggered rear walls of equal
length may measure the rear yard from either facade corner.
D.
Side yard lots at street corners have no corner side
yard requirement. Corner lots have a V-shaped front yard along all
highway rights-of-way to the closest point of the principal structure.
Temporary structures and uses, when in compliance
with all applicable provisions of this chapter and all other laws,
ordinances, and regulations of the Town of Clarence, shall be allowed.
The following temporary structures and uses shall be permitted:
A.
Construction trailers used in conjunction with construction
projects, provided that the following conditions are met:
(1)
Such construction trailers may be located at a building
site where there is a valid building permit for the construction project
or, in the case of a residential subdivision, a valid building permit
for at least one of the residential units being constructed.
(2)
All construction trailers shall be located at least
10 feet off any street right-of-way and not be placed in any required
rear or side yard setback.
(3)
Any construction trailer must be removed before an
occupancy permit may be issued for the premises on which it is located.
B.
Certain uses of a temporary nature (i.e., less than
90 days in duration one time per calendar year) which would not otherwise
be permitted in a particular zoning district may be issued a temporary
permit as herein provided. Upon completion and submittal of a peddler's,
hawker's, and solicitor's license application or a special event application,
the Zoning Enforcement Officer may grant a zoning permit for the following
temporary uses:
(1)
Christmas tree sales.
(2)
Seasonal agricultural produce stands.
(3)
Pumpkin sales.
(4)
Other sales activities in conjunction with the Peddlers, Hawkers, and Solicitors Ordinance of the Town of Clarence (Chapter 147 of the Code of the Town of Clarence) or the Special Events Law (Chapter 187 of the Code of the Town of Clarence).
|
The permit shall be valid for a specified period
only, not to exceed 90 days in duration and only for normal business
hours. A permit for a temporary use under this section may not be
issued in the Single-Family Residential Zoning District.
|
C.
Structures, whether temporary or permanent, located
in a subdivision and used as sales offices for the subdivision development
are permitted in accordance with the following conditions:
(1)
Any temporary structure used as a sales office shall be located on a lot which is in compliance with the regulations of this chapter and shall meet all yard requirements for the applicable zoning district. A minimum of three off-street parking spaces shall be provided on the lot to accommodate persons using the sales office. A landscape plan approved under the Landscape Ordinance (Chapter 131 of the Code of the Town of Clarence) shall be provided to create an aesthetically pleasing appearance.
(2)
At the completion of the sales in a tract, or one
year from the date the temporary sales office began operation, whichever
is sooner, said sales office shall cease operation unless the body
with final approval authority, either Town Board or Planning Board,
determines that substantial progress is being made in the selling
and/or marketing of the lots and/or homes in the subdivision. In such
case, one or more extensions (each not to exceed one year in duration)
may be so authorized by the body with final approval authority, either
the Town Board or Planning Board.
[Amended 12-1-2010 by L.L. No. 5-2010]
D.
Residential storage and refuse containers, when being placed in association
with a construction activity or temporary storage of property, are
allowed in accordance with the following conditions:
[Added 8-22-2018 by L.L.
No. 8-2018]
(1)
To be placed on private property.
(2)
To be removed within 60 days of placement. Residential storage and
refuse containers that are present in excess of the stated time limits
shall be deemed permanent accessory structures and must to comply
with all relevant Town Code and permitting.
(3)
Where construction activity is taking place, and to be removed within
30 days of completion of said construction. Residential storage and
refuse containers that are present in excess of the stated time limits
shall be deemed permanent accessory structures and must to comply
with all relevant Town code and permitting.
A.
Uses designated as "permitted uses" and "uses permitted
with special exception use permits" can be considered and may be applied
for through the Planning and Zoning Department. The Town Board, pursuant
to this chapter, may allow any application for uses not listed only
after the provisions of this section have been met.
B.
It is recognized that new types of land use will develop
and forms of land use not anticipated may seek to locate in Clarence.
To provide for such changes and contingencies, a determination as
to the appropriate classification of any new or unlisted form of land
use shall be made as follows:
(1)
For any use not listed in this chapter, the Zoning
Enforcement Officer shall refer the use permit application to the
Town Board to determine if said use can reasonably be interpreted
to fit into a use category where similar uses are described in the
Zoning Law.
(2)
Uses preexisting the adoption of this chapter that
are not listed as permitted uses are allowed to remain as nonconforming
uses in accordance with this chapter. Unless a use is allowed as a
"permitted," "special exception use," "temporary conditional," or
"nonconforming use," then such use is expressly prohibited in that
district by this chapter.
C.
The Town Board may authorize the granting of a temporary
conditional permit for uses not specifically enumerated within a zoning
district. Such permits may be issued in all zoning districts, except
the Residential Single-Family District, and are designed for nonpermanent
uses and are subject to conditions as established by the Town Board.
(1)
Applications.
(a)
Applications shall be made through the Planning
and Zoning Office to the Town Board.
(b)
Temporary conditional permits may only be issued
after a public hearing thereon and may be referred to the Planning
Board for site plan review and compatibility with the Town's Comprehensive
Plan.
(c)
The Town Board shall set conditions on the proposed
use to ensure compatibility with the surrounding residents.
(2)
Permits.
(a)
Initial approval for temporary conditional permits
shall be for a period not to exceed one year. Subsequent renewals
may be extended at the discretion of the Town Board for a term not
to exceed five years.
(b)
Consideration shall be given to the quiet enjoyment
of the surrounding residents. The Town Board may deny an application
based upon a finding that the proposed use would negatively impact
the quiet enjoyment of the surrounding residents and is not compatible
with the Town's Comprehensive Plan.
(3)
Conditions.
(a)
The Town Board shall set conditions on the proposed
use to ensure compatibility with the surrounding residents.
(b)
Any violation of such conditions shall constitute
a violation of the Zoning Law. The Zoning Enforcement Officer will
then execute the enforcement section of this chapter.
(c)
The Town Board, after a public hearing and notice,
shall have the authority to revoke a temporary conditional permit
upon discovery of a violation of the conditions established to allow
such permit.
(4)
Nontransferability. Temporary conditional permits
shall be tied to a specific use upon a property and may not be transferred
from one owner to another or changed in any manner without approval
of the Town Board.
A.
Vibration. No established use in any district shall
be operated so as to generate inherent or recurring ground vibrations
detectable at the property line which create a nuisance to any person
of ordinary sensitivities on another property.
B.
Noise. Every use of land shall be operated in such
a way that regularly recurring noises are not disturbing or unreasonably
loud and do not cause injury, detriment, or nuisance to any person
of ordinary sensitivities. Every nonresidential use in any zoning
district which adjoins a residential district must be operated in
such a way that any noise which may be detected by the human senses
without instruments at the district boundary line is no louder than
the noise which could be expected from uses permitted in those residential
districts.
C.
Odor. Every use of land shall be operated in such
a way that regularly recurring odors are not disturbing and do not
cause injury, detriment or nuisance to any person of ordinary sensitivities
on another property.
D.
Lighting. No use on any property shall incorporate lighting that exposes adjoining residential properties to excessive exposure after 11:00 p.m. on any night. Any commercial property shall employ shield lighting of downcast intensity. The lighting requirements are specifically described in Article XVI, § 229-151, of this chapter (Site Plan Review Criteria).
Yard, garage, tag, patio and apartment sales are permitted without a permit as an accessory use on any residentially or institutionally developed lot in any zoning district under the Special Events Law (Chapter 187 of the Code of the Town of Clarence). Such sales shall be limited to no more than 10 days, two times per calendar year. Temporary signs announcing such sales may not be placed on any utility poles or street signs and must be removed immediately upon completion of the sale.
A.
Recreational vehicles.
(1)
For purposes of this chapter, a recreational vehicle
shall not be deemed a dwelling unit and the usage of a recreation
vehicle for living, sleeping or housekeeping purposes and the connection
of such vehicle to utility services (other than for periodic maintenance
and/or repair purposes) shall be prohibited unless the vehicle is
located in a camping and recreational vehicle park so designed to
accommodate recreational vehicles.
(2)
No more than one recreational vehicle may be stored
on any residentially zoned lot.
(3)
Any recreational vehicle that is parked on a property
must be owned and registered within the last year to the owner or
occupant of the property where it is placed.
B.
Commercial vehicles. On any lot of less than one acre
in size, which is located in any single-family residential or agricultural
zoning district, one commercial vehicle of no greater than 10,000
pounds and one rear axle may be parked on an overnight basis and shall
be limited to vans and pickup trucks. All other commercial vehicles
are prohibited. The vehicle must be owned and registered within the
last year to the owner or occupant of the property where it is placed.
The requirement shall not be interpreted to prohibit vehicles from
loading and unloading household goods in any zoning district for a
period of up to 24 hours.
[Amended 2-14-2007 by L.L. No. 1-2007]
C.
Prohibited vehicles. No residentially zoned lot may
be used as the base of operation for any freight hauling truck and
commercial passenger vehicles.
D.
Location and screening. Any recreational vehicle placed
upon property in any residential zoning district shall be placed on
a paved driveway or in the side or rear yard of a property. If the
vehicle is placed in the side or rear yard area, then it must be set
back at least three feet from any property line and shall be screened
from view of adjoining properties. No recreational vehicle may be
placed in the front yard of any residence, unless it is placed on
the paved driveway.
Every property owner has a vested right to sell
his or her personal or commercial vehicles from his or her property
under the following requirements:
A.
The vehicle must be owned by the property owner or
his or her immediate family member.
B.
One vehicle may be sold at any one time.
C.
A total of four vehicles may be sold in any three-hundred-sixty-five-day
period. A total of 30 days maximum shall be permitted for the vehicle
to be displayed for sale outside of a wholly enclosed structure.
[Amended 2-14-2007 by L.L. No. 1-2007]
Local farmers operating within the Agricultural-Flood
and Agricultural-Rural Residential Zoning Districts may have produce
stands to retail their produce grown on site. Produce stands not located
in a permanent structure shall adhere to the following provisions:
A.
Owners or occupants of residential living units may
operate an occupation following these provisions in order to ensure
that the residential character of the unit remains intact:
(1)
Not more than 25% of the net floor area of the home
is used for the occupation.
(3)
Only household appliances and equipment are used.
(4)
There is no outside display of merchandise and no on-premises outdoor advertising in excess of the provisions granted in the Sign Law (Chapter 181 of the Code of the Town of Clarence).
(5)
No use shall create a noise, dust, odor, fire or traffic
nuisance or hazard.
B.
One nonresident assistant may be employed in a professional
office of a doctor, dentist, musician, teacher, lawyer, architect,
artist, or member of some recognized profession in the principal building
of the residents therein.
C.
No building in the Single-Family Residential Zoning
District shall be used as a tourist home and not more than two boarders
may be kept by a resident family.
A.
Permit required.
(1)
No person, firm or business entity shall construct or alter an off-street parking area for a commercial use without first obtaining a permit in accordance with the site plan review procedures set forth in § 229-151 (Site Plan Review) of this chapter.
[Amended 12-1-2010 by L.L. No. 5-2010]
(2)
Any residential driveway cuts or parking areas shall
meet the requirements of the highway work permit procedures of the
agency with jurisdiction.
B.
General design standards.
(1)
Any off-street parking area shall be designed so that
vehicles should be exiting forward out of such areas without backing
onto a public street.
(2)
Off-street parking areas of all developments shall
be designed so that sanitation, snow removal, emergency, and other
public service vehicles can serve such developments without restriction
or obstruction.
(3)
Every off-street parking area shall be designed so
that vehicles cannot extend onto public rights-of-way, sidewalks,
or tend to bump against or damage any wall, vegetation or other structure.
(4)
Circulation areas shall be designed so that vehicles
can proceed safely without posing a danger to pedestrians and without
interfering with parking areas.
(5)
No off-street parking area shall be located over an
active or auxiliary septic tank field.
C.
Parking space dimensions.
(1)
Each parking space, (other than those designed for
the disabled) shall contain a rectangular area at least 19 feet long
and nine feet wide. Lines demarcating parking spaces may be drawn
at various angles in relation to curbs or aisles, so long as the parking
spaces so created contain within them the rectangular area required
by this section.
(2)
Wherever parking areas consist of spaces set aside
for parallel parking, the dimensions of such parking spaces shall
be not less than 20 feet long by eight feet wide.
D.
Aisle and driveway widths.
(1)
Parking area aisle widths shall conform to the following
table, which varies the width requirement according to the angle of
parking.
|
Angle of Parking
(degrees)
| ||||||
|---|---|---|---|---|---|---|
|
Aisle width (feet)
|
0
|
30
|
45
|
60
|
90
| |
|
One-way traffic
|
13
|
13
|
13
|
18
|
20
| |
|
Two-way traffic
|
19
|
19
|
20
|
22
|
24
| |
(2)
Driveways shall be not less than 10 feet in width
for one-way traffic and 18 feet in width for two-way traffic, except
that ten-feet-wide driveways are permissible for two-way traffic when:
a) the driveway is not longer than 80 feet; b) it provides access
to not more than 10 spaces; and c) sufficient turning space is provided
so that vehicles need not back into a public street. In no case shall
a driveway width exceed 30 feet, except as required by the New York
State Department of Transportation or the Erie County Department of
Public Works Division of Highways.
E.
Handicap parking.
(1)
In general, the Town of Clarence enforces the State
of New York Building and Fire Prevention Code regarding handicap parking.
(a)
Except for a lot containing a single-family
or duplex dwelling, all uses shall be required to provide the following
number of spaces designed for disabled persons.
|
Total Number of Required Off-Street Parking
Spaces
|
Total Number of Spaces Required for Disabled
| |
|---|---|---|
|
1-50
|
1
| |
|
51-100
|
2
| |
|
101 or more
|
2 plus one for every 50 spaces over 100
|
(b)
The number of such spaces shall be in addition
to any required spaces.
F.
Minimum parking requirements.
(1)
Certificates of occupancy shall not be issued until
all provisions of this section have been met. All square footage is
in gross square feet (GSF) of building area. One per 100 square feet
or no parking minimum at the discretion of the board with approval
authority, if designated ride hailing and ride sharing drop-off/pick-up
areas are provided, and pedestrian accessibility within the property
and to adjacent rights-of-way is provided.
[Amended 2-14-2007 by L.L. No. 1-2007; 8-22-2018 by L.L. No. 8-2018]
|
Residential (all districts all types)
|
2 per unit
| |
|
Institutions of higher learning
|
1.5 per two students/1 per two residents
| |
|
All other schools
|
1.5 per classroom
| |
|
Government institutions
|
1 per 300 square feet/1 per four seats of meeting
area
| |
|
General health and welfare institutions
|
1 per bed, plus 1 per 100 square feet of medical
office
| |
|
Religious institutions/cultural facilities
|
1 per 4 seats
| |
|
Civic/social/fraternal organizations
|
1 per 200 square feet/1 per four seats
| |
|
Group homes
|
1 per three residents
| |
|
Child-care centers
|
1 per 10 children, 1 per employee
| |
|
Nursing homes/retirement
|
1 per three beds
| |
|
Manufacturing/warehousing/light assembly
|
1 per employee of maximum shift, 1 per 200 square
feet of office
| |
|
All other industrial uses
|
1 per 400 square feet
| |
|
Professional office
|
1 per 200 square feet
| |
|
Medical office
|
1 per 100 square feet
| |
|
Retail
|
1 per 150 square feet
| |
|
Theaters/restaurants
|
1 per three seats
| |
|
Night clubs/lounges/bars
|
1 per 100 square feet
| |
|
Drive through (queuing lanes)
|
12 car lengths for first window; eight car lengths
each additional window
| |
|
Personal service shops
|
1 per 100 square feet
| |
|
Beauty salons or barbershops
|
2 per operator station
| |
|
All other commercial
|
1 per 200 square feet
| |
|
Commercial uses in a TND
|
1 per 1,000 square feet
| |
|
Bed-and-breakfast inns/hotels
|
1 per room, plus 2 for owner
| |
|
Convention facilities
|
1 per 250 square feet
|
(2)
Any use not specifically addressed or referred to
in this list shall have parking requirements recommended by the body
with final approval authority, either Town Board or Planning Board,
and approved by the body with final approval authority, either Town
Board or Planning Board. The body with final approval authority, either
Town Board or Planning Board, may deviate from the above parking requirements
during site plan review.
[Amended 12-1-2010 by L.L. No. 5-2010]
(3)
Shared access and parking arrangements with adjoining
properties shall be reviewed and approved by the body with final approval
authority, either Town Board or Planning Board. Appropriate legal
access agreements shall be provided by the applicant and approved
by the Town Attorney prior to final approval by the body with final
approval authority, either Town Board or Planning Board.
[Amended 12-1-2010 by L.L. No. 5-2010]
(4)
The body with final approval authority, either Town
Board or Planning Board, may recommend that green space be substituted
in lieu of the required parking area on a particular site plan, depending
upon the proposed use.
[Amended 12-1-2010 by L.L. No. 5-2010]
A.
The visibility of the outside display of product must
be regulated to ensure that the health, safety and general welfare
of the citizens of the Town are protected. The following regulations
are established to ensure that outside displays are reviewed and approved
in a consistent manner and implemented to ensure the visual impacts
associated with such displays are compatible to the character of the
community.
B.
Outside displays shall include any display of materials
for sale outside of any enclosed structure.
C.
Special exception use permit uses. Businesses which
by the nature of the product sold desire outside displays shall receive
initial approval for such displays via the special exception use permit
process. Such businesses include, but are not limited to, motor vehicle
sales, recreational vehicle sales, landscape and nursery product sales
and lumber and building supply sales.
D.
Other displays within permitted uses. Other than special
exception use displays, all other businesses must apply for a permit
from the Planning and Zoning Office to undertake outside displays
and must meet the following regulations. No additional signs or other
advertising devices, including balloons, lights, flashing lights,
strings of flags or pennants or other similar devices with moving,
fluttering or revolving items, shall be allowed.
(1)
Outside display areas must meet all side and rear
yard zoning setback requirements.
(2)
Outside display areas must be set back at least 10
feet from any street or highway right-of-way line.
(3)
If any outside display is proposed within an approved
parking area, temporary fencing or other means of separation shall
be utilized to enhance the safety of the display.
E.
Permit process.
(1)
Applicants shall submit a site plan, drawn to scale,
depicting the location of the display. Such plans shall indicate setbacks
from all property lines, parking plans and pedestrian flow patterns.
(2)
In reviewing applications for outside displays, the
Planning and Zoning Department shall not allow outside displays which
negatively affect the health, safety and welfare of the residents
of the Town. No outside display shall restrict:
(3)
The Planning and Zoning Department shall have the
authority to reject any application based upon its potential negative
impact to any of the above listed items. Appeals of a decision of
the Planning and Zoning Department shall be directed to the Town Board.
(4)
Outside display permits shall be valid for a period
of one year.
(5)
Any person, group or corporation operating in contravention
to the regulations described in this section shall be in violation
of the Zoning Law.
A.
The map entitled "Town of Clarence, New York, Official
Zoning Map," as certified as such by the Town Clerk, is hereby declared
to be the proper zoning for said districts as of the effective date
of this chapter.[1]
[1]
Editor's Note: The Official Zoning Map, as amended, is included at the end of this chapter.
B.
For purposes of interpretation of district boundaries
as shown on the Official Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the
center line of streets, highways or alleys shall be construed to follow
such center lines.
(2)
Boundaries indicated as approximately following lot
lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following corporate
limits shall be construed as following such corporate limits.
(4)
Boundaries indicated as parallel to or extensions
of features indicated in this section shall be construed as such.
Distances not specifically indicated on the Zoning Map shall be determined
by the scale of the Map.
(5)
Boundaries indicated as following the boundary limits
of the Town of Clarence shall be construed as following such boundaries.
(6)
Where physical or cultural features existing on the
ground are at variance with those shown on the Official Zoning Map
or in other circumstances not covered by this section, the Zoning
Board of Appeals shall have the authority to interpret the district
boundaries.
A.
The Building Inspector, in conjunction with the Town
Engineer, shall determine or approve the grade of the top of the foundation
wall of all buildings or structures before granting a building permit.
The Building Inspector shall determine the top of foundation wall,
which shall be used in determining the grade. The top of the foundation
wall shall not be less than 1/4 inch or more than 1/2 inch above the
crown of the abutting roadway for each foot of distance measured between
the center of the abutting roadway and the center of the front building
foundation wall with a maximum of 40 inches above the center of an
abutting roadway.
B.
If the natural grade exceeds 1/2 inch per foot, or
if existing buildings on the same side of the roadway within 500 feet
have grades in excess of 1/2 inch per foot, or if the existing buildings
so located have setbacks materially different from the required setback,
the Building Inspector may authorize and approve a different elevation
which, in his judgment, will provide reasonable and uniform grades.
C.
The determination of the Building Inspector and/or
the Town Engineer establishing a grade of the top of foundation wall
may, upon proper application, be subject to review and change or modification
by the Zoning Board of Appeals.
D.
Proposed structures exceeding 100 feet of setback
from a highway right-of-way shall be approved by the Building Inspector
with a maximum top of the foundation wall 24 inches over existing
grades.
E.
Daylight and walkout basement construction shall conform
to the general provisions for grade and meet the technical requirements
of the Town Engineer.
