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.
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:
(2) Seasonal agricultural produce stands.
(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).
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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.
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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.
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.
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]
D. All vehicles displayed for sale must meet the requirements of the Abandoned Vehicle Ordinance, Chapter
209 of the Code of the Town of Clarence.
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. Must have property owner permission to operate on
a lot.
B. Permit shall be good for the time period May through
October only.
C. Trailers shall not be used as temporary structures.
D. All parking shall be accommodated on site.
E. All structures shall comply with the setback provisions of the district and all signs shall be in conformance with the Town of Clarence Sign Law (Chapter
181 of the Code of the Town of Clarence).