[Amended 2-14-2007 by L.L. No. 1-2007]
In order to ensure that the comfort, safety, welfare and property rights of the residents of the Town of Clarence are protected, the Town Board may authorize and direct the issuance of a special exception use permit for uses that require certain mitigating conditions specific to their design and/or operation. Such conditions ensure compatibility among building types so that different uses may be located in proximity to one another without adverse effects to neighboring residential uses and each other. This chapter specifies the minimum requirements which must be met by all the uses listed in the uses requiring a special exception use permit section for each zoning district in Article
III, to be considered by the Town Board.
[Amended 2-14-2007 by L.L. No. 1-2007]
A. Applications to the Town Board for a permit authorizing
a use indicated as a special exception use shall be made directly
to the said Board on forms provided by the Planning and Zoning Department.
The Town Board may refer the application to the Planning Board for
review and comment. The Planning Board shall submit written comments
to the Town Board on the proposal within 30 days of referral. The
granting by the Town Board of a special exception use permit shall
require the concurring votes of four members of the Board in favor
of the applicant, after a public hearing advertised in accordance
with Town procedures. Special exception use permits shall not be deemed
to constitute a variance and shall not be conditioned upon an appeal
from the denial of building permit or use permit by the Building Inspector.
For just cause, including but not limited to negative impacts to the
health, safety, welfare and property rights of the neighborhood for
which the use is proposed, the Town Board has the authority to deny
such special exception use permits.
[Amended 12-1-2010 by L.L. No. 5-2010]
B. Each use may only be permitted in compliance with
all conditions listed for the use in this chapter. The Town Board
may, after public hearing, amend or add specific conditions to the
recommendation from the Planning Board.
[Amended 10-11-2017 by L.L. No. 7-2017]
A. Drive-through windows and order boards shall be set back a minimum
of 80 feet from any street or highway right-of-way line to allow adequate
sight distance for exiting automobiles.
B. Drive-through lanes, windows and order boards shall not be located
along the street frontage(s) of a building except where screened from
view by landscaping and/or an architectural feature.
C. Vehicles must be stacked sufficiently for traffic flow and vehicular
access. A minimum of eight vehicles per window shall be required.
D. Each vehicle stacking space in a drive-through lane shall be a minimum
of 20 feet in length.
E. Vehicle stacking lanes shall not block or interfere with parking
lot traffic or access to parking lot spaces, and shall function independent
of parking lot isles.
[Amended 10-11-2017 by L.L. No. 7-2017]
A. Bay doors or vehicle entrances, exits and openings shall not front
the street or any property used exclusively for residential purposes
except where screened from view by landscaping and/or an architectural
feature.
B. The design of all structures shall be architecturally compatible
with neighboring structures, including, but not limited to, building
materials and roof pitch, and consistent with architectural standards
of the zoning district.
[Amended 6-27-2007 by L.L. No. 3-2007; 6-26-2013 by L.L. No.
2-2013; 7-8-2015 by L.L. No. 2-2015; 7-26-2017 by L.L. No. 5-2017]
Multiple-family developments will only be allowed in the Commercial,
Restricted Business and Traditional Neighborhood Districts as described
herein.
A. The purpose of a multiple-family development special exception use
permit is to guide the future establishment of multiple-family developments
within the Town of Clarence. Multiple-family developments shall not
be considered an "as of right" use within any zoning classification.
B. The Town Board shall determine the Town-wide placement of such a
multiple-family development based upon its design features, and its
impacts upon the community character, infrastructure and fiscal sustainability
of the Town.
C. The intent of this section is to provide design standards to ensure
that multiple-family developments are properly integrated into the
character of the Town of Clarence by providing for:
(1)
Preservation of valuable commercial property within the Town
for development of commercial uses.
(2)
Preservation of open space.
(3)
Harmony with the rural and suburban character and scenic qualities
of the Town.
(4)
Facilitation of interconnectivity within the multiple-family
development between commercial and residential components.
(5)
Facilitation of cross access between the development and surrounding
properties.
(6)
Facilitation of the adequate extensions of roads, walkways and
utilities.
D. Multiple-family developments in Commercial and Restricted Business
Zones.
(1)
In order to preserve the long-term viability of the Commercial
and Restricted Business zoning classifications for commercial uses,
provide a balance to residential growth in the community, and avoid
the concentration of multiple-family developments in a particular
area of the Town, the maximum number of multiple-family developments
that can be approved on any shall be restricted as follows:
(a)
Multiple-family developments will only be allowed on properties
with sewer access as approved by the Town Board. The maximum density
for multiple-family developments with sanitary sewer access shall
be eight units per acre.
(b)
Where feasible and appropriate, multiple-family developments
may be considered on properties without sanitary sewer access. The
maximum on-site waste treatment allowance determination shall be consistent
with the approvals of regulatory agencies and the Town Engineer, including
residential and projected commercial waste. The maximum number of
residential units that can be developed on properties without sewer
access in a multiple-family development shall be four units per acre
with a maximum total number of 16 units.
(c)
A minimum of 50% of the property shall be committed to commercial
uses. On-site integration between residential and commercial components
is required. The required commercial component shall be located in
such a way as to front the public right-of-way.
(d)
The density calculation and total number of residential units
is only to be determined by the residential component of that portion
of project site being utilized for the multiple-family development.
(e)
Within the residential component, there shall be a maximum of
four residential units per building. Upon recommendation of the Planning
Board, the Town Board may consider exceptions to maximum residential
units per building, as documented by the applicant for purposes relating
to the physical or developmental health needs or government-recognized
financial needs of the intended occupants.
(f)
Buildings within a multiple-family development shall be limited
to a maximum of two stories.
(g)
Exclusively residential buildings within a multiple-family development
shall have a sufficient setback from the fronting road to preserve
the open character of the Town. The required front yard setback area
shall be enhanced with landscaping to ensure a visual buffer. Where
appropriate, exclusively residential buildings shall be located to
the rear of the required commercial component or integrated through
a mixed-use format.
(h)
Scale and design must be compatible with community features and all other standards, as identified for Commercial or Restricted Business Districts in §§
229-83 through
229-90.2 and §§
229-75 through
229-82.2 of this chapter.
(i)
All multiple-family developments shall have pedestrian connectivity
integrating the site with its surrounding environment. Where appropriate,
sidewalks or recreational trails shall be created, extended and connected
to existing or planned off-site sidewalks or trails.
(2)
Multiple-family developments will require 30% of the overall
development to be preserved as permanent open space.
(3)
Part or all of the required commercial component can be preserved
as open space for later commercial development. This open space reserved
for commercial use is in addition to the 30% required for the overall
development.
(4)
Upon recommendation of the Planning Board, the Town Board will
designate the area of the development that is to be reserved for commercial
use as open space at the time of the approval of the special exception
use permit.
(5)
Mixed use design incentive.
(a) Within the minimum 50% of the development committed to commercial
uses, mixed use designs may be allowed through an incentive density
of up to four residential units per acre.
(b) Mixed use designs within the commercial component shall require a
minimum of 75% of the first floor square footage to be dedicated to
permitted commercial uses.
(c) For mixed use designs, there shall be no limit to the number of residential
units per building in the commercial component.
(6)
Transfer incentive.
(a) A transfer incentive of two additional residential units may be placed
within the commercial component in a mixed use design for every one
unit removed from the residential component.
(7)
General design standards.
(a) All on-site roads and driveways shall be constructed to standards
as approved by the Town Board. Curb cuts for proposed entrance and
exit access roads and driveways shall not be closer than 100 feet
to any existing road intersection.
(b) Each design or construction phase of any multiple-family development
must meet the density requirements as herein established.
(c) Multiple-family developments that adjoin a road shall have significant
screening running the length of the right-of-way, parallel to the
road frontage.
(d) All multiple-family developments shall have an area, or areas, devoted
to recreational use by the residents. Such recreational space shall
have a total area equal to a minimum of 15% of the overall development.
Part or all of such space shall be in the form of developed recreation
areas to be usable for recreational purposes. The 15% recreational
areas may be counted as a part of the 30% total open space requirement
for such projects. The recreational area shall be maintained by the
owner of the property.
(e) Buildings used in whole or part for single-family residential purposes,
exclusive of accessory buildings, porches, entries, garages and terraces,
shall contain no less than 900 square feet of usable living space
if a one-story detached building, nor less than 600 square feet of
usable first floor living space if more than one story. No such building
shall contain less than 600 square feet of usable living space for
each one-bedroom family unit or apartment; 720 square feet of usable
living space for each two-bedroom family unit or apartment; and 1,000
square feet of usable living space for each three-bedroom family unit
or apartment.
(f) Any multiple-family development that includes five or more residential units which is situated, in whole or in part, within the Adequate Educational Facilities Overlay District, shall comply with the terms of Article
XIVA of the Town Zoning Law.
(8)
Small-scale retail uses in the Restricted Business Zone exception.
(a) Under special circumstances, the Town Board, upon recommendation
of the Planning Board, may allow small-scale retail uses within the
Restricted Business Zone in conjunction with multiple-family developments
in a mixed use design. These special circumstances would include:
[1] Each business should complement and service the residents of the
development, and contribute to the character of the Restricted Business
Zone.
[2] For mixed use design proposals that do not have predetermined small-scale
retail tenants or defined uses at the time of submission, the overall
area designated for small-scale retail will be considered for approval
subject to future use permits as approved on a case-by-case basis
by the Planning Board at the time when a tenant or defined use has
been proposed.
(b) Furthermore, in an effort to maintain small-scale retail units that uphold the intent of the Restricted Business Zone (see §
229-75), additional retail restrictions would include but not be limited to:
[1] Limited vehicular traffic generation consistent with Restricted Business
Zone.
[2] Architectural and design standards consistent with Restricted Business
Zone.
[3] No automotive uses, including but not limited to sales, part sales,
service, rental, collision, body repair, detailing and fueling.
[4] No drive-through facilities.
(c) An applicant shall have the right to petition the Zoning Board of
Appeals of the Town of Clarence in the event of a denial of the small-scale
retail use permit by the Planning Board. The Zoning Board of Appeals
of the Town of Clarence, after public notice and a hearing, may approve,
deny, or vary/modify the application of this section in harmony with
its general purpose and intent.
E. Multiple-family developments in Traditional Neighborhood District
(TND).
(1)
The maximum residential density of the multiple-family development
shall be limited to eight units per acre.
(2)
A minimum of 25% of the total floor space shall be committed
to commercial uses.
(3)
On-site integration and connectivity of uses is required.
(4)
The required commercial component shall be located in such a
way as to front the public right-of-way.
(5)
Scale and design standards shall be compatible with community features and all other standards, as identified within the TND Zoning District (§§
229-57 through
229-68 of this chapter).
(6)
General design standards.
(a) All on-site roads and driveways shall be constructed to standards
as approved by the Town Board. Curb cuts for proposed entrance and
exit access roads and driveways shall not be closer than 70 feet to
any existing road intersection.
(b) Each design and construction phase of any multiple-family development
must meet the density requirements as herein established.
(c) Multiple-family developments that adjoin a road shall have significant
screening running the length of the right-of-way, parallel to the
road frontage.
(d) All multiple-family developments shall have an area or areas devoted
to recreational use by the residents.
Recreational uses shall be defined as pedestrian accommodations
and improvements intended to beautify the property fronting the public
right-of-way. Such features include, but are not limited to, benches,
planters and bike racks.
(e) All multiple-family developments shall have pedestrian connectivity
integrating the site with its surrounding environment. Where appropriate,
sidewalk or recreational trail connections shall be created, extended
and connected to existing or planned off-site sidewalks or trails.
(f) Buildings used in whole or part for single-family residential purposes,
exclusive of accessory buildings, porches, entries, garages and terraces,
shall contain no less than 900 square feet of usable living space
if a one-story detached building, nor less than 600 square feet of
usable first floor living space if more than one story. No such building
shall contain less than 600 square feet of usable living space for
each one-bedroom family unit or apartment; 720 square feet of usable
living space for each two-bedroom family unit or apartment; and 1,000
square feet of usable living space for each three-bedroom family unit
or apartment.
(g) Any multiple-family development that includes five or more residential units and which is situated, in whole or in part, within the Adequate Educational Facilities Overlay District, shall comply with the terms of Article
XIVA of the Town Zoning Law.
[Amended 10-11-2017 by L.L. No. 7-2017]
A. The design of all structures, including fuel canopies, shall be architecturally
compatible with neighboring structures, including, but not limited
to, building materials and roof pitch, and consistent with architectural
standards of the zoning district.
B. All fuel storage tanks and fuel pumps shall be located at least 20
feet from any lot line and fuel storage tanks shall be buried underground
according to the building, fire prevention and other applicable laws,
codes, rules and regulations.
C. Code of the Town of Clarence shall not supersede New York State Environmental
Conservation Law regarding storage of hazardous materials.
[Amended 10-11-2017 by L.L. No. 7-2017]
A. All indoor storage of industrial hazardous materials shall be in
compliance with all applicable laws, codes, rules and regulations.
B. Such material shall be listed and made known with the Fire Department
with jurisdiction.
C. Structures housing such materials shall be located at least 100 feet
from any lot line and 200 feet from any residential lot line.
D. See Industrial Hazardous Waste Law (Chapter
123 of the Code of the Town of Clarence).
[Amended 10-11-2017 by L.L. No. 7-2017]
A. All outdoor storage of industrial hazardous materials shall be in
compliance with all applicable laws, codes, rules and regulations.
B. Outdoor storage shall be screened from all public rights-of-way and can occur only in a rear yard. Screening shall comply with the Landscape Ordinance (Chapter
131 of the Code of the Town of Clarence).
C. All material shall be listed and made known with the Fire Department
with jurisdiction.
D. All storage areas shall be located at least 200 feet from any adjoining
lot line.
E. See Industrial Hazardous Waste Law (Chapter
123 of the Code of the Town of Clarence).
Home occupations that exceed the thresholds
as identified within this chapter, especially as related to utilizing
accessory buildings to house such operations, shall require a special
exception use permit.
A. There shall be no outdoor storage of any product or
materials
B. Accessory structures shall conform to the architectural
standards of the principal use.
C. Under no circumstances shall a use that requires large-scale
deliveries or trucks greater than three tons be allowed. No uses with
deliveries of a greater frequency than five per day shall be allowed.
All telecommunications towers that require a special exception use permit shall conform to all regulations as established in Chapter
173 (Satellite Antennas and Towers) of the Code of the Town of Clarence.
[Amended 12-1-2010 by L.L. No. 5-2010; 10-11-2017 by L.L. No. 7-2017]
A. When bordering any property used for residential purposes, such operations shall be screened from the residential use by landscaping and/or an architectural feature in conformance with Chapter
131 of Code of the Town of Clarence (Landscape Law).
B. All parking areas and outdoor vehicle or equipment storage or display
areas shall be paved.
C. No automotive related items shall be displayed for sale within the
front yard setback, except when screened from view by landscaping
or an architectural feature and buffered by a twenty-foot greenbelt.
D. All wastes and discarded parts resulting from servicing automotive vehicles and related equipment shall be stored, until properly disposed of, in an enclosed structure, so as not to be visible from the street or adjacent lots and with an impervious base foundation, so as to prevent ground contamination. None of these materials may be disposed of on the property. Furthermore, operations must be in conformance with Chapter
209 of the Code of the Town of Clarence (Vehicles, Abandoned).
E. Outdoor lighting shall be situated so as not to be directed at adjoining properties and shall conform to the requirements of Chapter
229 of Code of the Town of Clarence (Lighting Law).
F. Bay doors or automotive entrances, exits and openings shall not front
the street. Bay doors or automotive entrances, exits and openings
fronting any property used exclusively for a residential use are not
permitted, except when screened from view by landscaping or an architectural
feature.
G. Automotive hoists shall be located wholly within a structure.
H. All repair, service or maintenance activities are to wholly occur
within a structure, except for refueling.
I. Outdoor storage shall only occur within the designated paved areas
as determined at time of approval, and shall not occur within the
front yard setback.
J. Outdoor display for sale shall only occur within the designated paved
and striped surface as determined at time of approval.
K. The design of all structures shall be architecturally compatible
with neighboring structures, including, but not limited to, building
materials and roof pitch and consistent with architectural standards
of the zone.
L. Code of the Town of Clarence shall not supersede New York State Environmental
Conservation Law regarding storage of hazardous materials.
All parking facilities that act as a principal use in a commercial zone must have a valid landscape plan approved by the Town's Landscape Committee under Chapter
131 of the Code of the Town of Clarence.
Any light manufacturing operation such as the
manufacture or fabrication of handicraft products, scientific instruments,
power tools, computer equipment, electronics, furniture, wearing apparel
and other products made primarily from fabrics may be allowed, provided
that such uses shall not give rise to smoke, noise, dust or fire nuisance
or hazard greater in character than the uses specifically permitted
in the zoning district.
Any warehousing and distribution facility must
be located in an area readily accessible to major roadways to minimize
the impacts of heavy vehicle traffic on residential areas.
All fuel storage and supply operations shall
have a setback of 100 feet from any aboveground storage tank to any
residential structure or residential zoning line.
All excavations must conform to the Excavation Law (Chapter
93 of the Code of the Town of Clarence).
Any manufactured home park must meet the provisions set forth in the Manufactured Housing Parks Law (Chapter
135 of the Code of the Town of Clarence).