This administration section explains the process
for reviewing, enforcing and amending the provisions and requirements
of this chapter. Procedural responsibility for these actions shall
reside with the Planning and Zoning Department and the Building Department.
A.
The review process associated with the issuance of
permits under the Zoning Law will take two different tracks. The first
process involves uses that are permitted as of right in a zoning classification
and would not require a formalized review process. Applicants for
such permits may proceed directly to the Town of Clarence Building
Department and apply for a zoning/building permit for such uses. In
similar fashion, interior remodeling within a previously approved
commercial/industrial use that does not involve a change in use may
proceed to apply for a zoning/building permit through the Building
Department.
B.
All other uses will require approval of the Town Board
and/or Planning Board. Depending upon the complexity of the application,
the Town Board approval process will vary. Generally, all proposed
uses of previously unimproved property shall be initially reviewed
by the Town Board, acting as gatekeeper, to determine the type of
review required (e.g., site plan, special exception use permit, temporary
conditional permit, etc.), compatibility with the adopted Master Plan
and to identify any areas of concern before being forwarded for detailed
review and approval by the Planning Board. The Town Board shall have
final approval authority for special exception use permits, temporary
conditional permits, and open space design and incentive lot subdivisions
and may refer such matters to the Planning Board before taking a final
action. The following flow chart identifies the typical review process
for applications forwarded by the Town Board for further detailed
review.
[Amended 12-1-2010 by L.L. No. 5-2010]
 |
A.
Statement of intent. The purpose of these requirements
is to promote orderly development in the Town of Clarence and to ensure
that uses are developed in a manner harmonious with surrounding properties.
To achieve these ends and to assure compliance with all applicable
requirements of this chapter, all applications for permits shall be
submitted on forms as required and available in the Planning and Zoning
Department and the Building and Engineering Department that shall
include a site plan of the property to be developed and a boundary
survey stamped by a New York State licensed land surveyor.
B.
Development and uses requiring a site plan. Site plans
drawn to scale shall be required for all uses and shall be included
in all applications for a permit. Site plans may not be required for
the following uses, as determined by the Director of Community Development,
Building Inspector or designee:
(1)
Accessory structures (other than for single-
or two-family dwelling units).
(2)
Any enlargement of a principal building by less
than 10% of its existing size, provided such enlargement would not
result in a requirement for additional parking or encroachment in
a setback area.
(3)
A change in principal use where such change
would not result in a change in lot coverage, off-street parking,
access or other external site characteristics.
C.
Procedure for preparation:
(1)
Site plans or any portion thereof shall be prepared
by an engineer, architect, landscape architect or land surveyor who
is authorized by the State of New York to practice as such.
(2)
Site plans shall be prepared to a scale as deemed
appropriate by the Town department with jurisdiction.
(3)
A site plan may be prepared in one or more sheets
to show clearly the information required by this section and to facilitate
the review and approval of the site plan.
(4)
All horizontal dimensions shown on the site
plan shall be in feet and decimal fractions of a foot to the closest
0.00 foot, and all bearings shall be in degrees, minutes and seconds.
(5)
Every site plan shall show the name and address of the owner or developer, the North arrow, the date, the scale of the drawing, and the number of sheets. An application form requesting an action from the Town shall be made available to any applicant and completed with the submission of a site plan for review. All applicable review fees (Chapter 99 of the Code of the Town of Clarence) must be paid along with the application.
(6)
Seven copies of the site plan shall be submitted
to the Planning and Zoning Office for review for projects requiring
Planning Board review. The Director of Community Development or his
designee may request additional copies for outside agency review during
the state environmental quality review process.
D.
Required information on site plans for concept plan
review.
(1)
Location of the tract on an insert map at a
scale of not less than one inch equal to 2,000 feet, indicating the
scale, the North point, and such information as the names and numbers
of adjoining roads, streams, subdivisions or other landmarks sufficient
to clearly identify the location of the property.
(2)
A boundary survey of the tract by bearings and
distances certified by a licensed land surveyor or engineer. The owner
of the property must give written authorization for the project, if
different from the applicant, to the Planning and Zoning Department.
Include land title, deed description, and any real estate contracts
involving any lands to be included in the project scope, including
any deed restrictions.
(3)
The proposed location, general use, number of
floors, height and floor area for each building and, where applicable,
the number, size and type of dwelling units. Indicate the present
use of all adjoining properties, including building footprints within
500 feet of the project site.
(4)
All existing property lines; existing streets
and easements, their names, numbers and widths; the location and size
of existing sanitary and storm sewers, gas lines, water mains, culverts,
and other utilities and their easements; existing buildings; existing
watercourses; and any other prominent physical features on or adjoining
the tract.
(5)
Show the current zoning classification and zoning
district boundaries on adjoining properties. Note any proposed changes
in zoning.
(6)
A topographical survey that shows floodplains,
wetlands, soils, existing streams and ditches with base flood elevations,
existing elevations and proposed elevations clearly illustrated. Contour
lines should be no greater than one-foot intervals.
(7)
All off-street loading spaces, parking and walkways.
indicating the type of surfacing, size, angle of stalls, width of
aisles, and a specific schedule showing the number of parking spaces
provided. Also show any areas that may be used for future parking
expansion, if needed.
(8)
The location of wooded areas on the property
and the location of trees and wooded areas that will be retained.
Spotted tree surveys shall be required for any tree over six inches
in diameter as measured at diameter breast height (DBH). Trees shall
be identified by species type.
[Amended 2-14-2007 by L.L. No. 1-2007]
E.
Required information on site plans for development
plan review:
(1)
The location, character, size, height and orientation
of proposed signs and outdoor lighting systems.
(2)
A detailed landscape plan that identifies all
plant species by number and type that includes both preconstruction
and postconstruction vegetation.
(3)
Design plans are to be submitted in an organized
plan set with a title sheet to include project name, project location
map, engineering/architectural firm name, engineering/architectural
firm contact information, submittal date, list of drawings and owner/developer
contact information. All drawing sheets to have original stamps and
signatures.
(4)
Legal boundary survey stamped and signed by
a New York State licensed land surveyor showing entire development
parcel and adjacent properties within 200 feet, including reputed
owner information for all immediately adjacent properties.
(5)
Site layout plan and detail sheets to include,
but not be limited to, proposed building location(s) with dimensions
to property lines, all setbacks, paved areas, parking layout, sidewalk
locations, berms, exterior lighting and all associated site details.
The following information must be provided on the site plan for Building
Department review: landscaping (see Town of Clarence Landscape Law[1] zoning, occupancy classification, construction type, building
height, building area, proposed fire protection systems, frontage/area
modification(s) (see Chapter 5 of Building Code[2]), finished floor elevation(s) and a basic floor plan including
fire walls, fire barriers, fire partitions, stairways and exits.
[Amended 12-1-2010 by L.L. No. 5-2010]
(6)
Storm drainage and grading plans, profiles and
detail sheets to include, but not be limited to, location of existing
and proposed drainage structures (all structures to be numbered);
length, size, slope, and material of proposed storm sewer piping;
pipe inverts at all structures and end sections; high water elevation
within storm water retention/detention basins; perimeter yard drainage
with inlets at all property line intersections; storm drainage easements;
proposed spot elevations; proposed elevation contours at one foot
intervals; detention/retention basin cross sections; proposed perimeter
swales with swale center line elevations; and all associated storm
drainage and grading construction details.
(7)
Utility plans, profiles and detail sheets to
include, but not be limited to, location of all existing and proposed
utilities and their respective size and material (water mains and
services, sanitary sewers, storm sewers, gas mains, cable, telephone,
electricity lines); proposed backflow prevention device; proposed
utility poles and all associated construction details.
(8)
Erosion and sedimentation control plans and
detail sheets to include, but not be limited to, location of silt
fencing; location of straw sediment traps; stabilized construction
entrance; topsoil stockpile areas; limits of stripping; limits of
grading; maintenance schedule and all associated construction details.
(9)
Engineer's report explaining the project in
detail, including but not limited to existing site drainage condition
hydrographs; proposed site drainage conditions hydrographs; stormwater
detention requirement calculations; detention basin design criteria,
including controlled-discharge calculations and storm drainage pipe-sizing
calculations including perimeter yard drainage. The engineer's report
must have the original stamp and signature of a professional engineer
licensed in the State of New York.
(10)
A traffic control plan must be submitted that
shows the location of all access drives within 1,000 feet of the proposed
site. All proposed traffic control devices shall be shown on a site
layout plan that includes safe pedestrian corridors throughout the
site.
F.
Compliance with other requirements and agencies. All
features and elements of the site plan shall in all respects conform
to all applicable provisions and standards of the general statutes
of the State of New York; the laws of the Town of Clarence and Erie
County; and the standards and requirements of the New York State Department
of Transportation and the New York State Department of Health. Proof
of all appropriate permits for utilities and other improvements must
be submitted to the Town before development plan approval may be granted.
A.
Applications for single- and two-family home building
permits shall be submitted to the Building Inspector for review and
issuance of a permit if it is determined that a project does not require
additional review or is ministerial in nature. If the Building Inspector
determines that the project will require discretionary approval of
the Town Board, the application will be forwarded to the Planning
and Zoning Office to further the review process.
B.
The Director of Community Development, or his/her
designee, shall review all site plans and boundary surveys submitted
to the Planning and Zoning Office. The Director of Community Development,
or his designee, shall verify the completeness and compliance of such
plans and may circulate the plans to the relevant regional and Town
agencies and officials for comments as to the proposed development's
conformance to all applicable standards and requirements and whether
approval of the site plan is recommended. The reviewing agencies and
officials may include, but need not be limited to:
(1)
District Fire Chief via Fire Advisory Committee.
(2)
Town Engineer.
(3)
Erie County Water Authority.
(4)
Traffic Safety Committee.
(5)
Erie County Health Department.
(6)
Erie County Department of Environment and Planning.
(7)
Erie County Highway Department.
(8)
New York State Department of Transportation.
(9)
New York State Department of Environmental Conservation.
(10)
U.S. Soil Conservation Services, District Office.
(11)
Municipal Review Committee.
C.
Once the Director of Community Development or his/her
designee deems the plans to be complete in information provided and
in compliance with all identified provisions, the item will be placed
on the next agenda of the Town Board for review and consideration.
At the Town Board's discretion, the plan may be referred to the Planning
Board for review. The initial review by the Town Board shall identify
if the proposal is consistent with the adopted Master Plan and the
design is generally acceptable. The Town Board shall identify any
specific concerns related to architectural style, landscape buffering
and general use prior to forwarding the application for further review.
D.
The Planning and Zoning Office must receive the complete
plan with checklist at least 10 days prior to the Planning Board's
next meeting date to place it on their agenda.
[Amended 12-1-2010 by L.L. No. 5-2010]
If a proposed action is forwarded by the Town Board, the Planning Board shall review the application and make a recommendation and/or a final determination, if the final determination is to be made by the Planning Board in accordance with § 229-150. The Planning Board shall have up to 45 days from its first meeting date to make such recommendation and/or determination. Alternatively, the Planning Board could request additional information of the applicant in order to aid it in its review of the application.
[Amended 2-14-2007 by L.L. No. 1-2007]
Concept plan approval will require Town Board
approval only if rezoning of land is required as a part of the application
or if major changes as identified by the Planning Board are incorporated
into the concept recommendation by the Planning Board. A concept plan
approval issued by the Planning Board or Town Board shall become null
and void after two years if no action to further the review process
has occurred.
All development proposals referred to the Planning
Board for site plan review shall be assessed against the following
criteria.
A.
Site design. When reviewing a site plan, the structure(s)
and the landscape should be viewed as a whole. All elements of the
site plan shall be designed to function as a system which enhances
the aesthetic quality of the site as well as uses on neighboring sites.
A well functioning site is one where the processes taking place on
site occur without damage or inconvenience to property or persons
both on and off site.
C.
Parking.
(2)
Design requirements:
(a)
Parking areas of all developments shall be designed
so that sanitation, emergency and other public service vehicles can
serve such developments without the necessity of backing unreasonable
distances or making other dangerous or hazardous movements.
(b)
Every parking area shall be designed so that
vehicles cannot extend beyond the perimeter of such area onto adjacent
properties or public rights-of-way. Such areas shall also be designed
so that vehicles do not extend over sidewalks or tend to bump against
or damage any wall, vegetation or obstruction.
(c)
Circulation areas shall be designed so that
vehicles can proceed safely without posing a danger to pedestrians
or other vehicles and without interfering with parking areas.
(d)
Parking areas shall be graded and surfaced with
material that will provide adequate protection against potholes, erosion
and dust and in a manner that will not conflict with the proposed
means of snow storage and/or removal.
(e)
The parking area shall be adequately defined
for the proposed use by landscaping, curbing or similar devices. Parking
space lines, signs and other traffic control devices shall be provided
to meet the intentions of this chapter.
(f)
Parking areas shall be properly maintained in
all respects.
(3)
Parking areas from adjoining properties may
be designed for common access, joint use and maintenance, if there
is written agreement between the property owners and the Planning
Board determines that it would be beneficial to both uses and that
there would be no deleterious effect on the overall traffic circulation
patterns.
D.
Lighting.
(1)
Adequate lighting shall be provided on a site
to ensure safe movement of persons and vehicles and for security purposes.
A detailed lighting plan showing proposed locations of all light standards
and the specifications of the light intensity shall be noted on the
plans. Lighting standards shall be of a type approved by the Planning
Board and Town Board. All lighting shall be designed and arranged
so as to minimize glare and reflection on adjacent properties. No
lighting fixtures in excess of 100 watts shall be installed without
specific approval of the Town Board.
[Amended 2-14-2007 by L.L. No. 1-2007]
(2)
The following design standards shall be followed
on all site development plans:
(a)
The style of the light and light standard should
be consistent with the architectural style of the principal building.
(b)
The maximum height of freestanding lights shall
not exceed the height of the principal building or 20 feet, whichever
is greater.
(c)
All lights should be shielded to restrict the
maximum apex angle of the cone of illumination to 150°.
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(d)
Where lights along the property line will be
visible to adjacent residents, the lights should be appropriately
shielded.
(e)
Spotlight-type fixtures attached to buildings
shall be avoided.
(f)
Freestanding lights should be located and protected
to avoid being easily damaged by vehicles.
(g)
Lighting shall be located along street, parking
areas, at intersections and where various types of circulation systems
merge, intersect or split.
(h)
Pathways, stairways, sloping or rising paths,
buildings entrances and exits should be illuminated.
(i)
Lighting should be provided where buildings
are set back or offset.
A.
Upon receiving concept plan approval, an applicant
may proceed to the development plan approval stage. For consideration
of development plan approval, an applicant must submit required documentation
to the Planning and Zoning Department.
B.
The Planning and Zoning Department shall distribute
the submitted application for review and comment to all involved Town
departments and regulatory agencies. Upon receipt of all required
information, as determined by the Planning Board, an application may
be placed on the next available agenda of the Planning Board.
C.
The Planning Board shall act on the development plans
as submitted.
[Amended 12-1-2010 by L.L. No. 5-2010]
D.
The body with final approval authority, either the
Town Board or Planning Board, shall determine whether or not to approve
the application as to architectural style and functional plan. In
approving an application, said body may attach fair and reasonable
conditions, which protect the public health and safety of the community
and ensure compatibility to the existing character of the neighborhood.
The applicant/petitioner shall be given reasonable opportunity to
consider and respond to any additional requirements prior to approval,
modification, or denial.
[Amended 12-1-2010 by L.L. No. 5-2010]
E.
The body with final approval authority, either the
Town Board or Planning Board, may approve the plan if it has evaluated
an application and determined that:
[Amended 12-1-2010 by L.L. No. 5-2010]
(1)
The use meets all required specifications of
the Zoning Law, and
(2)
The use will not materially endanger the public
health or safety and will not substantially injure the value of adjoining
property if located where proposed. Conditions, if any, placed on
the plan by the Town Board shall be adequate to meet this requirement.
(3)
The burden of proof of producing evidence to
support these findings (and to overcome any challenges that approval
of the plan would be contrary to one or more of these findings) shall
rest entirely with the landowner.
(4)
If the use or development for which the plan
is submitted is a conditional use, the Town Board may approve the
plan with the approval of the conditional use permit. In no case,
however, may a plan be approved for a use or development which requires
the issuance of a conditional use permit without the conditional use
permit having first been issued.
(5)
A project approval shall be null and void, if,
after two years from receiving development plan approval, action to
commence construction has not occurred.
(6)
A building permit issued by the Town of Clarence
Building Inspector shall expire one year after the date of issuance.
(7)
The establishment of a vested right on a piece
of property for a plan shall not preclude the Town from establishing
and enforcing on the property any additional regulations (adopted
during the time the vested right was in effect) which are general
in nature and applicable to all property subject to the regulations
of this chapter.
No building, sign or other structure (except
as otherwise provided for in this chapter) shall be erected, moved,
extended or enlarged or structurally altered (exemption: internal
alterations and renovations which do not alter the footprint or height
of a structure), nor shall the use conducted within the building change,
nor shall any excavation or filling of any lot for the construction
of any building be commenced until the Director of Community Development,
Building Inspector or designee has issued a zoning permit for such
work in accordance with a fee schedule established by the Town Board.
A.
Expiration of zoning permit. Any zoning permit issued
in accordance with this chapter will lapse and become invalid after
12 months of the date of issue or if the work authorized by it is
suspended or abandoned for a period of at least one year.
B.
Records.
(1)
The Planning and Zoning Office shall maintain
a record of all zoning permits authorized by the Town Board and/or
Planning Board on file at the Planning and Zoning Office, and copies
shall be made available on request to interested parties.
[Amended 12-1-2010 by L.L. No. 5-2010]
(2)
The Building Department shall maintain a record
of all building permits issued by the Building Department, and copies
shall be made available on request to interested parties.
C.
Conditions for approval. Zoning permits issued on
the basis of dimensional plans approved by the Building Inspector,
or designee, authorize only the use, arrangement and construction
set forth in such approved plans and applications. Use, arrangement
or construction which differs from that authorized shall be deemed
a violation of this chapter and shall be punishable as indicated in
this chapter.
D.
Zoning permit not required. Notwithstanding any other
provisions of this chapter, no zoning permit is necessary for the
following uses:
(1)
Silos, corn cribs and other similar agriculture
accessory uses (exclusive of barns).
(2)
Electric power, telephone, cable television,
gas, water and sewer lines, wires or pipes, together with supporting
poles or structures, located within a public easement for utilities.
(3)
Interior alterations of less than $10,000 in
value that do not affect the integrity of the structure.
(4)
Routine maintenance and improvements, including
roofing, window replacement, siding replacement, etc., that does not
expand the exterior dimensions of a structure.
(5)
Mailboxes, newspaper boxes, birdhouses, flagpoles,
pump covers and doghouses.
(6)
Uncovered decks on residential properties.
E.
Establishing setbacks. When establishing measurements
to meet the required front yards and structure setbacks, the measurement
shall be taken from the property line to the building foundation line.
In the case of a corner lot, both yards shall be considered front
yards and shall meet the appropriate setback.
F.
Attached garage provisions. A private garage or other
accessory structure that is connected to a dwelling or structure becomes
a part of the principal building rather than an accessory building
and shall be included when determining required setbacks from adjacent
lot and street lines. For zoning purposes, a garage shall not be required
to have a setback distance from the principal building. A garage may
not be erected in a required front yard.
G.
Additional setback provisions. In determining the
yard requirements of a lot, decks, porches, carports, chimneys or
other similar attached structures are considered a part of the principal
building. Setbacks are determined from the foundation, exclusive of
overhangs.
H.
Height exceptions. Maximum height requirements as
set forth in specific zoning districts do not apply to silos, other
such agricultural uses, flagpoles and church steeples.
I.
Fees. A fee, as determined by the Town Board, shall
be paid for each zoning permit issued. Costs of hearings, notices,
postings, etc. shall be added to this fee.
A.
No land shall be occupied or used and no building
or structure shall be occupied or used, sewage system used, or changes
made in the use, until a certificate of occupancy shall have been
issued by the Building Inspector stating that the buildings or proposed
use thereof complies with the provisions of this chapter. The Code
Enforcement Officer shall refer all requests for all changes in use,
as herein described, to the Town Board for approval prior to issuing
a permit. A change in use shall include any change from nonresidential
to residential use; any change which increases the number of dwelling
units in a building or structure; any changes from agriculture or
residential use to a business use; any change from a business, commercial
or industrial use to a different business, commercial or industrial
use; or the reuse or reopening of any building or premises after the
same has been closed for one year or more.
[Amended 12-1-2010 by L.L. No. 5-2010]
B.
A record of all certificates of occupancy shall be
kept on file in the office of the Town of Clarence Building Department
and copies shall be furnished, on request, to all interested parties.
If a certificate of occupancy is denied, the reason for such denial
shall be specified in writing and provided to the applicant.
Whenever a violation of this chapter occurs,
or is alleged to have occurred, any person may file a written complaint.
Any written complaint stating fully the cause and basis thereof shall
be filed with the Planning and Zoning Office or the Building and Engineering
Office. Authorized representatives, so appointed by the Town Board,
shall properly record such complaint, immediately investigate, and
take action as provided by this chapter.
A.
If the Director of Community Development, Building
Inspector or the Zoning Code Enforcement Officer finds that any of
the provisions of the chapter are being violated, he/she or his/her
designee shall follow the procedures set forth in the Town of Clarence
Prosecution Manual. Such provisions call for a notification, in writing,
to the owner of the property upon which such violation is located,
indicating the nature of the violation and order that necessary actions
be taken to correct the deficiency. He/she shall order discontinuance
of illegal uses of land, buildings or structures; removal of illegal
buildings or structures or of illegal additions, alterations or structural
changes; and discontinuance of any illegal work being done. The Director
of Community Development, Building Inspector or designee shall take
any other action authorized by this chapter to ensure its compliance.
B.
Additional written notices of violation may be sent
by the Director of Community Development, Building Inspector, or designee
at his/her discretion. The final written notice (such final notice
may be the initial written notice) shall state the action which the
Director of Community Development, Building Inspector or designee
intends to take if the violation is not corrected. Upon failure of
the property owner to correct any violation of this chapter, the enforcement
officer will cause to be issued an appearance ticket for local justice
court action.
A.
Any person, firm or corporation convicted of violating
the provisions of this chapter shall, upon conviction, be guilty of
a violation and shall be fined an amount not to exceed $250 and/or
imprisoned for a period not to exceed 30 days. Each day of violation
shall be considered a separate offense, provided that the violation
of this chapter is not corrected within 30 days after notice of said
violation is given.
B.
The Town shall have the authority to seek civil penalties
or small claims actions under Article 18 of the Uniform Justice Act,
Town Law §§ 135(1), and 268.
C.
Any taxpayer of the Town of Clarence may seek citizen
enforcement remedy under § 268(2) of the Town Law for unlawful
construction or use of any building, structure or land, or any illegal
subdivision.
D.
Any property owner in violation of this chapter or other local laws regarding land use, including but not limited to Chapters 8, 67, 69, 75, 79, 87, 93, 101, 107, 121, 123, 131, 135, 147, 173, 177, 181, 185, 187, 189, 193, 196, 209, and 217 of the Code of the Town of Clarence shall not be able to obtain a zoning permit under this chapter until the outstanding violation is corrected, unless the permit sought is to correct said violation.
E.
In addition to the other remedies cited in this chapter
for the enforcement of its provisions, and pursuant to New York state
law, the regulations and standards in this chapter may be enforced
via prosecution standards as adopted by the Town of Clarence.
The purpose of this section is to regulate and
limit the continued existence of uses and structures established prior
to the effective date of this chapter (or any amendment subsequent
thereto) that do not conform to this chapter. Any nonconformity created
by a change in the classification of property or the text of these
regulations shall be regulated by the provisions of this section.
Many nonconformities may continue, but the provisions of this section
are designed to curtail substantial investment in nonconformities
and to bring about eventual elimination and/or lessen their impact
upon surrounding conforming uses in order to preserve the integrity
of the area in which they are located and the intent of this chapter.
A.
Every structure or use not conforming to the regulations
of the district in which it is located at the time of adoption of
this chapter shall be a nonconforming use.
B.
A nonconforming structure or use may not be altered,
rebuilt or resumed except in conformity with the regulations for the
district in which it is located.
C.
A nonconforming use of a structure or land that has
ceased for a consecutive period of 12 consecutive months may not be
altered, rebuilt or resumed unless in conformity with this chapter.
D.
A nonconforming use may be continued subsequent to
adoption of this chapter but the structure shall not be enlarged in
a fashion that increases its nonconformity.
E.
A nonconforming use may be extended throughout any
part(s) of a building manifestly arranged or designed for such use
at the time of adoption of this chapter.
F.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any nonconforming
structure declared unsafe by a duly designated official.
G.
Nothing in this chapter shall be deemed to prevent,
with proper permit, the reconstruction of a nonconforming structure
to its original configuration when destroyed by fire or act of God
and with review and approval by the Zoning Board of Appeals.
H.
Whenever an area is transferred from a district of
one classification to a district of a different classification, or
amendments are adopted which change permitted uses or other regulatory
measures governing such, the above regulations shall apply to nonconforming
uses created by such transfer.
I.
The Planned Unit Residential District (PURD) zoning classification shall be identified as a preexisting zoning classification. PURD projects have been previously approved as to design and land use by the Clarence Town Board. Amendments to these preexisting districts may be made by the Town Board in accordance with procedures as outlined in § 229-165 of this chapter, Zoning Code/Map amendments. Any amendments to a preexisting PURD district must be consistent with the adopted Master Plan and residential design requirements in the Town of Clarence Subdivision Law.[1]
The Zoning Board of Appeals (ZBA) shall have
the authority to hear and decide appeals from any order, decision,
determination or interpretation made pursuant to or regarding these
regulations. The Zoning Board of Appeals shall have the authority
to hear and decide applications for variances from the requirements
of these regulations.
A.
Membership in ZBA.
(1)
The Zoning Board of Appeals shall consist of
five members and one alternate member, appointed by the Town Board.
The alternate member, while attending any meeting of the Board and
serving in the absence of any regular member, shall have and may exercise
all the powers and duties of a regular member. Members shall be compensated
at a rate as determined by the Town Board.
(2)
The terms of office of the members of the Zoning
Board of Appeals shall be for overlapping terms of five years.
(3)
Vacancies occurring for any reason other than
expiration of term shall be filled as soon as is reasonably possible
after such vacancy occurs by the Town Board, and such appointment
shall only be for the period of the unexpired term. Members may be
removed for cause by the Town Board and upon written charges and after
public hearing.
(4)
The Town Board shall appoint a Chairperson and
Vice Chairperson of the Zoning Board of Appeals from the membership
of the same Board.
B.
Meetings, hearings and procedures of the ZBA:
(1)
All meetings and hearings shall be open to the
public and shall be conducted in accordance with the procedures set
forth in these regulations and by New York State Town Law and rules
of procedure adopted by the Zoning Board of Appeals. Such rules of
procedures may be amended by the Zoning Board of Appeals membership.
(2)
Any rules of procedure adopted by the Zoning
Board of Appeals shall be kept on file at the Planning and Zoning
Office and shall be made available to the public upon request.
(3)
Permanent records shall be kept on file for
all proceedings of the Zoning Board of Appeals at the Planning and
Zoning Office and shall be made available to the public upon request.
C.
Staff. The Director of Community Development or his/her
designee shall serve as staff to the Zoning Board of Appeals and shall
provide technical assistance to the Zoning Board of Appeals as requested.
D.
Initiation of appeals and variances.
(1)
An appeal may be initiated by any aggrieved
party or by any officer, department or board of the Town of Clarence.
(2)
An application for a variance may be initiated
only by the owner of the affected property, an agent authorized in
writing to act on the owner's behalf, or a person having a written
contractual interest in the affected property.
E.
Administrative review, appeals and interpretation.
The Zoning Board of Appeals shall hear and decide appeals from and
review any order, requirement, decision, interpretation or citation
made by the Director of Community Development or designee, Building
Inspector or designee, or Town Board regarding any portion of this
chapter and apply such interpretation to particular fact situations.
In addition, the Director of Community Development or designee, Building
Inspector or designee or Town Board may ask the Zoning Board of Appeals
to interpret any portion of the Zoning Law.
(1)
The Zoning Board of Appeals may, after having
held a public hearing on the matter, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed or make an interpretation of the Zoning Law.
(2)
The Zoning Board of Appeals shall have all the
powers of the Director of Community Development, Building Inspector
or designee, or Town Board in making any order, requirement, decision,
interpretation or determination with reference to an appeal or petition.
(3)
An appeal may be made by any person who has
received a ruling from the Director of Community Development or designee,
Building Inspector or designee. An appeal to the Zoning Board of Appeals
shall be made within 45 days of the decision, order, determination
or interpretation made by the Zoning Enforcement Officer. The Zoning
Enforcement Officer may make an appeal to the Zoning Board of Appeals
at any time.
F.
Variances. When practical difficulties, special conditions,
or unnecessary hardships would result from carrying out the strict
letter of this chapter, the Zoning Board of Appeals shall have the
power to vary or modify any of the regulations or provisions of this
chapter relating to the construction or alteration of buildings or
structures or the use of land.
(1)
A "use variance" shall mean the authorization
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.
(a)
No such use variance shall be granted 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, for each and every permitted use under the zoning regulations
for the particular district where the property is located:
[1]
That the applicant cannot earn a reasonable
return, provided that lack of return is substantial as demonstrated
by competent financial evidence;
[2]
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;
[3]
That the requested use variance, if granted,
will not alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(b)
The Board of Appeals, in the granting of use
variances, shall grant the minimum variance that it shall deem necessary
and adequate to address the unnecessary hardship proven by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(2)
An "area variance" shall mean the authorization
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.
(a)
In making its determination, 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 community by such grant.
In making such determination the Board shall also consider:
[1]
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;
[2]
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(3)
The Zoning Board of Appeals, in granting a variance,
may prescribe appropriate conditions and safeguards in conformity
with this chapter. Violation of such conditions and safeguards, when
made a part of the terms under which a variance is granted, shall
be deemed a violation of this chapter and shall be punishable as prescribed
in this chapter.
(4)
Unless otherwise authorized by the Board of
Appeals and included in its decision to grant a variance, any order
of the Board of Appeals in granting a variance shall expire, if a
building permit or certificate of occupancy (for a use for which a
building permit is not required) has not been obtained within one
year from the date of its decision.
[Amended 12-1-2010 by L.L. No. 5-2010]
A Planning Board is established to review projects
and make final approvals on site plan reviews and changes in use;
and make recommendations to the Town Board on matters referred by
the Town Board, including but not limited to temporary conditional
permits, special exception use permits, open space design and incentive
lot subdivisions, and long-range planning and land use issues.
A.
Membership. The Planning Board shall consist of seven
full members and one alternate member. The Town Board shall appoint
the members of the Planning Board on a staggered-term basis in conformance
with Town Law. The Planning Board alternate shall be appointed on
an annual basis. The alternate member, while attending any meeting
of the Board and serving in the absence of any regular member, shall
have and may exercise all of the powers and duties of a regular member.
Members shall be compensated at a rate as determined by the Town Board.
B.
Vacancies. Vacancies occurring for any reason other
than expiration of term shall be filled by appointment of the Town
Board and shall be for the period of the unexpired term.
C.
Executive Committee. The Town Board shall appoint
a Chairperson, Vice Chairperson and Second Vice Chairperson from the
membership of the Planning Board. Collectively, such members shall
constitute the Planning Board Executive Committee.
D.
Meetings, hearings and procedures of the Planning
Board. All meetings and hearings of the Planning Board and the Planning
Board Executive Committee shall be open to the public and shall be
conducted in accordance with the procedure set forth in these regulations
and by New York State Town Law and rules and procedures established
by the Planning Board. Such rules and procedures may be amended by
the Planning Board membership.
(1)
Any rules of procedure adopted by the Planning
Board shall be kept on file at the Planning and Zoning Office and
shall be made available to the public upon request.
(2)
Permanent records shall be kept on file in the
Planning and Zoning Office for all proceedings of the Town Planning
Board and shall be made available to the public upon request.
E.
The Planning Board, for matters associated with the
Zoning Local Law, shall have final authority on site plan review including
concept plans, development plans and changes in use and be a recommending
body to the Town Board on other referred matters. In addition to concept
and development plan reviews, the Planning Board shall make recommendations
on special exception use permit applications and temporary conditional
permit applications when directed by the Town Board. The Planning
Board shall attach reasonable safeguards and conditions to uses, which
might otherwise produce deleterious effects on the environment, neighborhood
character, and/or the Town resident’s health, safety and welfare.
F.
Staff. The Director of Community Development and Assistant
Director of Community Development shall serve as staff to the Planning
Board and shall provide technical assistance to the Planning Board,
as requested.
The purpose of this section is to set forth
procedures for amending the text of these regulations and the zoning
classification of land as shown on the Zoning Map. The purpose is
not to relieve particular hardships, nor to confer special privileges
or rights on any person, but only to make adjustments necessary in
light of changed conditions or changes in public policy. This Zoning
chapter shall act as an implementing tool for the Town's adopted Comprehensive
Plan and all regulations and amendments must be in conformance with
the adopted plan.
A.
Authority. Upon compliance with the provisions of
this section, the Town Board shall have the authority to amend or
repeal the text of these regulations and the classification of any
parcel of land, as indicated on the Zoning Map.
B.
Initiation. Any amendment may be initiated by:
C.
Filing of petitions; determination of completeness.
For a reclassification of property proposed by any person or entity
other than the Planning Board or Town Board or for petition to change
the text of this chapter, such petition shall be on an application
form prescribed by the Town Board and accompanied by the fee established
by the Town Board. Said application form and fee shall be filed with
the Planning and Zoning Office.
D.
Content of application.
(1)
Each noncontiguous parcel of land for which
rezoning is requested shall be deemed as a separate application, and
said application fee shall accompany each application. For the purpose
of this paragraph, land located and adjacent on either side to the
rear and all property directly across any street or public right-of-way
from the subject property shall be deemed to be contiguous.
(2)
Each application for a rezoning of land shall
be accompanied by two copies of a map, drawn to scale, with the following
information either shown on the map or accompanying it:
(a)
The subject property plus such additional property
as to show the location of the subject property with reference to
the nearest street intersection, stream or other feature easily identifiable
on the ground. In addition, all property lines which abut the property
and property owners' names and addresses of all contiguous properties
shall be furnished.
(b)
If the property is in a subdivision of record,
a map of such portion of the subdivision that would relate the subject
property to the closest street intersection, and in addition, the
name of the subdivision and the plat addition, the names and addresses
of all adjoining property owners (as indicated on the most up-to-date
tax listings) shall be furnished.
(c)
A survey of the property(ies) proposed for rezoning
shall accompany the map.
(d)
The present and proposed zoning classification
of the lot(s) in question.
(e)
The property identification number(s) of the
lot(s) in question
(3)
An application for a change in the text of the
chapter shall be made in duplicate, on an application form provided
by the Town Board. The application shall contain a reference to the
specific section, subsection, paragraph or item proposed to be changed,
as well as the wording of the proposed change, and the reasons therefor.
E.
Planning Board review and recommendations. Once a
petition for rezoning is complete, the Director of Community Development
shall refer the petition to the Town Board. The Town Board, prior
to taking any action, shall refer the petition to the Planning Board
for review and recommendation to the Town Board. The Planning Board
shall have a maximum of 45 days from the date it first meets to make
such recommendation unless an agreement between the applicant and
the Planning Board stipulates additional time for review. If a recommendation
is not made during said time period, the application shall be forwarded
to the Town Board without a recommendation from the Planning Board.
(1)
If a recommendation is made to the Town Board
by the Planning Board concerning a petition for rezoning, said recommendation
shall be as follows:
(a)
Grant the rezoning as requested, or
(b)
Grant the rezoning with a reduction of the area
requested, or
(c)
Grant the rezoning to a more restrictive general
zoning district or districts, or
(d)
Grant the rezoning in conjunction with a change
in the text of this chapter, or
(e)
Recommend that the application be denied.
F.
Submittal and review periods. In order for an amendment
to the Zoning chapter text or Map to be made in accordance with this
section, a public hearing must first be held by the Town Board. Notification
of the public hearing shall be as follows:
(1)
A notice shall be published in a newspaper having
general circulation in the Town, to be published not less than 10
days nor more than 25 days prior to the date established for the hearing.
(2)
A notice of a proposed Zoning Map change shall
be sent by first class mail by the Planning and Zoning Office to the
affected property and to all contiguous property owners and other
owners within 500 feet of the property proposed for amendment.
G.
Town Board review and consideration.
(1)
In case of protest against an amendment, duly
signed by the owners of 20% or more either of the area of the lots
included in such proposed change or of those immediately adjacent
thereto, either in the rear thereof or on either side thereof, extending
100 feet therefrom or of those directly opposite thereto extending
100 feet from the street frontage of such opposite lots, such amendment
shall not become effective except by favorable vote of 4/5 of the
Town Board.
(2)
Once the public hearing has been conducted,
the Town Board shall render a decision on the petition. The decision
of the Town Board shall be in the form of any of the various options
listed in this section. Alternatively, the Town Board may send the
application back to the Planning Board for further study and consideration.
The petitioner shall have the right to withdraw his petition at any
time prior to the final decision being rendered by the Town Board.
The Town Board shall have the authority to call for additional public
hearings on any amended petition brought before it. The forty-five-day
Planning Board review period shall be in effect after the close of
the first and any subsequent public hearings called for by the Town
Board on a particular amendment.
H.
Notification of decision. Once a public hearing has
been held and closed and a final determination made by the Town Board,
said decision shall be sent by first class mail by the Director of
Community Development to the applicant and any persons at or before
the public hearing who have indicated in writing to the Director of
Community Development that they would like the decision mailed to
them within five working days following the date of said decision.
Similarly, notice shall be sent to the applicant in the same manner
if the Town Board makes a decision to resubmit the petition to the
Planning Board for further review.
I.
Resubmission of petition.
(1)
The Town Board shall not review any applications
for the same changes affecting the same property or any portion thereof
until the expiration of one year from the date of such previous denial.
(2)
The Town Board may allow resubmission of such
petition within said one-year period if it determines that, since
the date of action on the prior petition:
(a)
There has been a significant change in the zoning
district classification of an adjacent piece of property;
(b)
The Town Board has adopted a plan that changes
public policy regarding how the property affected by the amendment
should be developed;
(c)
Construction or expansion of a road, waterline,
sewer line or other such facilities has occurred to serve the property
and can comfortably accommodate the intensity of development allowed
under the proposed classification; or
(d)
There has been some other extraordinary change
in conditions or circumstances, outside the control of the petitioner,
which justifies waiver of the one-year restriction on a new petition;
this, however, shall not include a change in the ownership of the
subject property.
[Added 6-27-2007 by L.L. No. 3-2007]
A.
Fire and EMS level of service. On an annual basis,
beginning one year after the effective date of this section, the Director
shall submit to the Town Board a report regarding the capacity of
the volunteer fire districts to address existing and projected demands
from new residential and nonresidential development within the Town.
The report shall:
(1)
Reflect coordination and input from the each
of the volunteer fire districts;
(2)
Identify whether existing and planned fire protection
and emergency medical service (EMS) facilities are or are anticipated
to be adequate to serve the needs of existing and projected residents
and employees in the Town; and
(3)
Be based on the level of service standards recognized
by the Town for fire and EMS services.
B.
Schools level of service. On an annual basis, beginning
one year after the effective date of this section, the Director shall
submit to the Town Board a report regarding the capacity of the school
districts that serve residents of Clarence to address existing and
projected demands from new residential development within the Town.
The report shall:
(1)
Reflect coordination and input from the Clarence
Central, Williamsville, and Akron School Districts, as appropriate;
(2)
Reflect the input of the Town on the CIP of
the school districts, including those providing educational facilities
capacity within the AEF Overlay District;
(3)
Identify whether existing and planned educational
facilities are or are anticipated to be adequate to serve the needs
of existing and projected residential developments in the Town; and
(4)
Be based on the level of service standards recognized
by the Town and school districts.
