For the purpose of interpreting this chapter,
certain words, concepts, and ideas are defined herein and appear within
the text of the chapter. Except as defined herein, all other words
used in this chapter shall have their everyday dictionary definition.
A.
Words used in the present tense include the future
tense.
B.
Words used in the singular number include the plural,
and words used in the plural number include the singular.
C.
The word "person" includes a firm, association, organization,
partnership, corporation, trust and company as well as an individual.
D.
The word "lot" includes the word "plot" or "parcel"
or "tract."
E.
The word "shall" is always mandatory and not merely
discretionary.
F.
The word "structure" shall include the word "building."
G.
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged,
or designed to be used or occupied."
H.
The word "Zoning Map" or "Clarence Zoning Map" shall
mean the Official Zoning Map of Clarence, New York.
I.
Any word denoting gender includes the female and the
male.
J.
The term "Town Board" shall mean the "Town Board of
Clarence, New York."
K.
The term "Planning Board" shall mean the Planning
Board of Clarence, New York.
L.
The term "Board of Appeals" shall mean the Zoning
Board of Appeals (ZBA) of the Town of Clarence, New York.
M.
The term "Zoning Enforcement Officer" shall mean any
code enforcement officer as appointed by the Clarence Town Board.
N.
The term "Planning Department" shall mean the Planning
and Zoning Department of the Town of Clarence, New York.
As used in this chapter, the following words
shall have the meanings indicated:
A subordinate structure to the principal building or use
on a lot that may include, but not be limited to, private garages,
greenhouses, storage buildings and the like.
A reservation of capacity made by the Town upon issuing a
statement of available capacity.
[Added 6-27-2007 by L.L. No. 3-2007]
An application for an AEF determination of educational facilities
as required by and described in this chapter.
[Added 6-27-2007 by L.L. No. 3-2007]
The Town's determination of whether an educational facility
impacted by a development proposal has available capacity, based on
adopted level of service standards, which determination may be based
on an approved mitigation plan.
[Added 6-27-2007 by L.L. No. 3-2007]
The area within which the adequacy of educational facilities
capacity will be determined pursuant to the terms of this chapter.
The AEF Overlay District is as shown on the Adequate Educational Facilities
Overlay District Map, as adopted and on file with the Department of
Community Development, which is hereby adopted and incorporated by
this reference.
[Added 6-27-2007 by L.L. No. 3-2007]
A schedule developed and maintained by the Town, in coordination
with the school district, which tracks the capacity of educational
facilities for each school within the AEF Overlay District.
[Added 6-27-2007 by L.L. No. 3-2007]
One-hundred-ten-percent of the maximum capacity of a school.
[Added 6-27-2007 by L.L. No. 3-2007]
Any establishment which sells, rents, leases, displays, distributes,
purchases or trades in materials distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas. This definition shall
not include materials related to the medical profession. This definition
shall include an adult bookstore, adult entertainment cabaret, adult
mini-motion-picture theater, and adult motion-picture theater.
Any use that includes specified anatomical areas and specified
sexual activities.
An educational facility proposed to be constructed, dedicated,
or funded by an applicant, pursuant to an approved mitigation plan,
which offsets the proportionate impacts of a development proposal.
[Added 6-27-2007 by L.L. No. 3-2007]
The raising or production for compensation, of crops, livestock,
poultry, dairy products, fish or other wildlife, trees and other similar
pursuits. Tree growing and harvesting, animal husbandry, horticulture
operations, forestry operations and the sale, at wholesale or retail,
of farm products upon the premises where the same are grown or produced
shall be considered agriculture operations.
Includes, but shall not be limited to, barns, silos, sheds,
coops, shops, commodity buildings, machine or equipment storage buildings,
greenhouses, stables, riding rings or arenas, exercise tracks, runs,
dry lots, stalls, paddocks, pens, corrals or fences, windmills, water
supply ponds, farm stands, manure storage facilities, wineries or
vineyards, maple sugaring facilities or other storage buildings, outbuildings
or enclosures.
To change or rearrange any exterior structural part of the
existing facilities of a building or structure by enlarging the building
or structure, whether by extending any side or increasing the height
thereof, or to move the same from one location or position to another.
It shall not be considered an alteration if there is no expansion
of exterior dimensions. For instance, replacement of windows, doors,
siding, roofing, etc., as well as interior alterations shall not be
considered an alteration for the purposes of this chapter.
Anatomical areas shall include:
A building arranged, intended or designed to be occupied
by three or more families independently of each other. Includes multiple-family
dwelling(s).
The total floor area less permanent concourses, stair halls,
lobbies, elevator shafts, areas permanently devoted to warehousing,
and rooms housing equipment servicing the entire building.
Usable living space, exclusive of porches, entries, garages
and terraces, determined by the sum of the gross horizontal areas
of the floors of a building measured from the exterior faces of the
exterior walls.
See "nursing home."
Any building, premises or land in or upon which the occupant
offers motor vehicles for sale or lease, including recreational vehicles,
motor homes, farm and construction vehicles, or any part thereof.
Any building, premises and land, or portion thereof, used
or occupied for the sale or supply of gasoline or motor vehicle fuels,
oils or lubricants or for the polishing, greasing, washing and routine
servicing and maintaining of motor vehicles
The circumstance where an educational facility has sufficient
capacity to accommodate the demand created by a development proposal,
or each phase of a development proposal, based on adopted level-of-service
standards.
[Added 6-27-2007 by L.L. No. 3-2007]
An analysis and inventory document of existing environmental
features to be preserved, including, but not limited to: wetlands,
vistas, berms, knolls, streams, rock outcrops, marshlands, woodlands,
escarpments, mature trees and shrubs.
[Added 10-8-2014 by L.L. No. 5-2014]
A story partly below grade but having at least 1/2 of its
height (measured from floor to ceiling) below the average adjoining
grade.
A story partly below grade but having at least 1/2 of its
height (measured from floor to ceiling) above the average adjoining
grade with full door access to the exterior of the home.
A use that takes place within a building that consists of
renting one or more dwelling rooms on a daily basis to tourists, vacationers
and business people, where provision of meals is limited to the breakfast
meal, available only to guests. The homeowner shall reside on site,
and employment shall not exceed two full-time employees, not including
the owner(s).
A person unrelated to the owner of the premises that may
rent living space in an existing living unit but not create an additional
living unit.
An owner-occupied living unit that rents living area of the
unit to a boarder.
Any structure having a roof supported by columns or by walls
which is used or occupied for the shelter of enclosure of animals,
persons or property. Unless specified, the term includes both principal
and accessory buildings.
The completed construction of all phases of a development
as allowed by all local laws and regulations. The scale of buildout
can be from a single lot to the entire Town.
The line along the front of a property where construction
shall begin. A build-to line runs parallel to the front property line
and is established to create an even building facade line on a street.
The total area, taken on a horizontal plane at grade level,
occupied or to be occupied by the principal building and all necessary
buildings, excluding chimneys, uncovered porches, patios, terraces,
steps and open areas.
The arm of local government responsible for the enforcement
of the New York State Fire Prevention and Building Code as well as
all of the Town's local land use laws regarding building and construction
of all principal and accessory structures.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest average point of the roof.
The line formed by the facades of buildings, which creates
a frame defining the public realm. Respecting building lines means
to place walls or landscaping in such a manner as to continue the
frame where there is an absence of buildings.
The person appointed by the Town Board to enforce the regulations
in the New York State Fire Prevention and Building Code as well as
all the Town's local land use laws regarding building and construction
of all principal and accessory structures.
A permit obtained from the Town of Clarence Building Department
which sets the inspection schedule and construction techniques for
a project.
The measurement of the size in inches of a tree's trunk diameter
usually taken between one foot and 4.5 feet above the ground elevation;
one-foot measurement to be used for new trees to be planted and 4.5
feet to be used for existing trees on a site or trees to be removed.
The demand that can be accommodated by an educational facility
without exceeding the adopted level-of-service standard.
[Added 6-27-2007 by L.L. No. 3-2007]
A capital planning and funding document of the school district,
also known as a "long-range facilities plan."
[Added 6-27-2007 by L.L. No. 3-2007]
The amount of traffic which can be accommodated on a street
without reducing the service level of the street as defined by the
New York State Department of Transportation or street design standards
of the Town of Clarence Subdivision Law.[1] Carrying capacity is determined by the amount of traffic
per lane per hour.
A certificate allowing the occupancy or use of a building
and certifying that the structure or use has been constructed or will
be used in compliance with this Zoning Chapter and all other applicable
regulations.
A place where daytime care is provided to six or more children
and not the legal wards or foster children of the attendant adult
within an occupied residence. "Day-care facility" and "nursery school"
shall be included in this definition.
All retail sales establishments, office uses (medical, financial),
service industry uses (restaurants, hotels/motels/inns), wholesale
businesses, and general businesses (automotive repair).
A building or parcel of land used specifically for a governmental
purpose or nonprofit institution, including unincorporated community
groups. Facilities may include churches, parks, governmental offices,
golf courses, nature preserves, public or private schools, recreational
trails, and cemeteries.
A preliminary sketch plan of a plot of land intended to obtain
a permit according to this Zoning chapter. A concept plan may include
drainage, setbacks, what utilities are available to the site, the
proposed building construction type, and show existing buildings and
drives within 500 feet of the site.
Any lot at an intersection of two separate public or private
road rights-of-way. Such lots shall be considered to have two front
yards from those public or private road rights-of-way to the closest
point of the principal building.
Any use conducted for gain entirely within the dwelling and
carried on by the occupants thereof, which use is clearly incidental
and subordinate to the residential use and which does not change the
character thereof and in connection with which there is no display.
When observed from beyond the lot on which it is located, the home
occupation does not give visual, audible, sensory, or physical evidence
that the property is used for any nonresidential purpose.
Attached housing does not provide for an open yard on all
sides of the home (perimeter yard). Any group of attached housing
containing more than two dwelling units on a single lot is multifamily.
Attached housing with each house on its own deeded lot (zero lot line)
is not multifamily. Detached housing must have a perimeter yard and
be located on a single deeded lot (exception: see "Temporary conditional
permits" of the General Provisions[2]). A "modular home" is included in this definition but
"manufactured housing" is not.
A set of detailed plans used in the construction of a project
that has been derived from an applicant's approved concept plan. Information
may include all of the items needed by all review agencies in order
to issue permits under this chapter for such development.
Either of the following:
[Added 6-27-2007 by L.L. No. 3-2007]
The diameter of a tree species at approximately four feet
above ground level.
The Town's Director of Community Development.
[Added 6-27-2007 by L.L. No. 3-2007]
The person appointed by the Town Board to administer this
Official Zoning Law as well as make recommendations on local land
use policy. This position is the department head for the Planning
and Zoning Office.
A structure used for the harboring of dogs for compensation.
An imaginary vertical line extending from the outermost portion
of the tree canopy to the ground.
A commercial establishment designed to permit customers to
remain in their automobiles while being accommodated.
A private roadway utilized for providing access from a public
road to a permitted use.
A structure containing two dwelling units located on a single
lot.
A building designed or used exclusively as the living facilities
for one family.
Permanent school buildings or land provided by the school
district which provide additional capacity to accommodate the demand
for schools generated by new development.
[Added 6-27-2007 by L.L. No. 3-2007]
The overlap of a structure into a dedicated setback area.
Areas may include dedicated yard areas, an easement or a highway right-of-way.
Any establishment which provides active recreational opportunities
such as miniature golf, batting cages, carnival games, waterslides,
or passive recreation such as movie theaters.
To construct, build, reconstruct, rebuild, or excavate for
a building or structure.
A customary home occupation that meets all requirements except
as to utilizing an accessory structure on the premises for business
purposes.
The vertical surface of a building which is set along a frontage
line. The elevation of a facade is the vertical surface area. Facades
are subject to visual definition by building height and setback lines.
One or more genetically or lawfully related persons occupying
a dwelling unit and living as a single housekeeping unit, as distinguished
from a group of unrelated persons occupying a boardinghouse, lodging
house, club, fraternity or hotel.
Any parcel of land containing at least five acres which is
used for economic gain in the raising of agriculture products, livestock,
poultry, dairy products, and tree farms, including related accessory
structures.
Refers to the silhouette formed by a roofline. Flat rooflines
infer a roof with no pitch. The actual roof structure is required
to have a slope for drainage purposes. This is separate from the roofline,
which can be stepped; flat in appearance through architectural elements
such as cornices, mansards and parapets; or pitched as with residential
homes.
The distance between lot lines along a public or private
highway right-of-way.
An accessory structure that is primarily used to store automobiles
and personal belongings.
Grade shall mean the elevation of the land or land level
at a specific point.
The grading area includes any area of land around a newly
constructed building that affects surface water patterns. This area
will be determined on a permit-by-permit basis through the Building
and Engineering Department at site plan review.
A greenbelt is a buffer area between new construction and
other properties consisting of various forms of vegetation. This area
is mainly used for aesthetic mitigation for existing or future adjoining
uses.
Group residence for those requiring full-time assisted living
as well as supervision.
Any substance meeting the definition of that term under § 27-1101
of the New York State Environmental Conservation Law or any regulations
promulgated thereunder.
The style of living unit, that may include multistory, single-story,
attached, detached, owner-occupied or rented, located on a private
yard or common land of various sizes.
A principal building containing a group of living units designed
to be used or which are used or rented for sleeping purposes by guests
and where only a common kitchen and dining area is provided by the
property managers.
All areas covered by buildings, pavement (not including ungrouted
pavers for sidewalks), gravel, rooftops of stored merchandise (i.e.,
cars and manufactured housing displays, even if located on grass surfaces),
and any material that prevents water from infiltrating the surface
layer of the soil. Wooden slatted decks and pool surfaces are exempt
for the purposes of lot coverage calculations.
New development within an existing sewer district on vacant
or idle land or within a vacant building.
Refers to streets which provide through access to other streets.
"Interconnected" means the existence of a grid or grid pattern that
may include curvilinear street layouts.
Lots which are located on corners or at intersections which
create lots with three sides or lots with more than four sides, with
corner angles greater or less than 90°. The front yard of such
lots shall be determined with respect to adjacent homes and the maintenance
of street vistas.
Any lot, land or structure, or part thereof, used primarily
for the collection, storage and sale of wastepaper, rags, scrap metal
or other discarded material; for the collection, dismantling, storage
of machinery or inoperative and/or unregistered motor vehicles; or
for the sale of parts thereof.
The area of a lot that does not have buildings, structures
or impervious surfaces covering the surface of land.
Tree height categories. "Large maturing" trees grow to a
minimum height of 40 feet. "Medium maturing" trees grow to a minimum
of 20 feet. "Small maturing" trees grow to a minimum of 10 feet.
An indicator of the extent or degree of service provided
by an Educational Facility, based upon, and related to the operational
characteristics of the facility, in comparison with the capacity of
the Educational Facility.
[Added 6-27-2007 by L.L. No. 3-2007]
Light assembly includes all operations involving the creation
of whole products from parts and all industrial processes of less
intensity than such operations. No light assembly industrial use shall
emit noise or odor which alters or impacts adjacent property or discharge
gas or liquid waste into the environment which impacts adjacent property.
Light assembly uses shall be conducted indoors and any accompanying
storage shall be indoors or screened from all abutting property lines
and nonindustrial uses.
See "dwelling unit."
An area of land off the public right-of-way where it is appropriate
for unloading and/or loading goods for an approved use.
A parcel of land whose boundaries have been established by
some legal instrument, such as a recorded deed or a recorded map,
and which is recognized as a separate legal entity for purposes of
transfer of title.
The area of an existing lot that is utilized or covered with
buildings and structures.
Any vacant lot which individually or as a part of a subdivision
has been recorded in the County Clerk's Office and for which proof
can be given that the lot was intended for development prior to adoption
of this chapter.
A workshop that is mechanized to size and assemble pieces
of machinery.
A recorded right-of-way made of crushed gravel, pavement,
or graded and cleared of brush, so as to permit access by all vehicles.
A residential dwelling unit that is constructed in accordance
with the standards set forth in the New York State Fire Prevention
and Building Code and is composed of one or more components, each
of which was assembled in a manufacturing plant and designed to be
transported to the home site on its own chassis. The unit is also
situated on land that is leased by a licensed manufactured home park
owner.
Any facility that assembles, fabricates, processes or packages
products, from raw materials or component parts, for sale and distribution
to wholesale and retail establishments or other industries. Does not
include operations involving hazardous materials.
The capacity of a school, based on a twenty-two-student-per-classroom
standard, the number of permanent classrooms in a facility, and normal
classroom operations. Maximum capacity does not include temporary
or portable classrooms.
[Added 6-27-2007 by L.L. No. 3-2007]
All HVAC (heating, ventilation, and air conditioning), pool
filters and other outdoor plumbing equipment located on the roof of
a building or outside a home or building.
Offices used for medical treatments or the practice of medicine.
A voluntary plan proposed by an applicant in order to offset
a development proposal's proportionate impacts on educational facilities,
through the provision of advanced facilities. A mitigation plan may
be proffered either in conjunction with an AEF assessment or to address
an AEF determination.
[Added 6-27-2007 by L.L. No. 3-2007]
The presence of residential and nonresidential uses within
the same complex or same building. "Mixed use" can also refer to different
categories of nonresidential uses such as institutional, retail, and
office within the same complex of building. The advantage of mixed
uses is the promotion of architectural compatibility and pedestrian-scaled
environments.
A transportable single-family dwelling which may be towed
on its own running gear and which is affixed to real estate, used
for nontransient residential purposes and which is recognized and
approved as a mobile home by the New York State Fire Prevention and
Building Code.
A dwelling unit which is constructed in compliance with the
New York State Fire Prevention and Building Code and composed of components
substantially assembled in an off-site manufacturing plant and transported
to the building site for final assembly on a permanent foundation.
A hotel designed to accommodate motorists.
Three or more attached single-family dwelling units located
on a lot of record.
Any use lawfully being made of any land, building or structure
which on the effective date of these regulations or on the effective
date of any amendment thereto rendering such use illegal within a
district does not comply with all the regulations of this chapter
or any amendments thereto.
A licensed facility that provides support services to three
or more elderly or disabled adults who need assistance in meeting
their daily basic needs.
Parking which occurs on a lot and not on a street or other
public right-of-way.
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would enhance the present or potential value of
abutting or surrounding lands or would maintain or enhance the conservation
of natural resources.
Any subdivision of land within the Town of Clarence.
An area of land devoted to active or passive recreational
pursuits.
Any grounds or structures used primarily for the storage
of automobiles.
A detached single-family home that is single story, measuring
under 2,400 square feet in area, that has two bedrooms or less and
is located on a lot that is either commonly owned or measures less
than what is required in the Residential Single-Family Zoning District.
Any use of land or buildings that is allowed as a vested
right in a zoning district without any additional review or approvals
by the Town Board.
A preexisting zoning classification allowing flexible land
use and design regulations as approved by the Clarence Town Board.
This zoning classification was originally created by the Town Board
on July 10, 1974. This district has been repealed by the adoption
of this chapter.
The office of local government that is charged with developing
the long range goals of the community, recommending proper land use
policy, and administering all local land use regulations.
The Planning Board of the Town of Clarence.
An area of land devoted to active recreational pursuits that
may contain articles of play equipment.
A building where the main or principal use of the lot is
conducted.
A privately owned road right-of-way that may limit access
to the owner(s).
Offices which offer professional or consulting services,
such as legal, engineering, architectural, accounting or other similar
services, but not including medical.
A meeting advertised in the local printed media concerning
items, including but limited to adopted laws, ordinances or special
and temporary permits, which require public input.
Police stations, fire halls and emergency vehicle stations,
including any substations of such organizations.
See "community facility."
Any right-of-way used for vehicular and pedestrian traffic
that is permanently maintained by the Town, county or state and is
open to all traffic.
Any structure needed by a public utility for the maintenance and facilitation of that public utility. Facilities may include, but not be limited to, the following: any substation, power pole and utility box. This definition does not include telecommunications towers and satellite antennas, which are regulated under a separate law (see Chapter 173 of the Code of the Town of Clarence).
A rectangular area, such as a courtyard, enclosed by buildings.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel, or topsoil for sale as an industrial operation,
and exclusive of the process of grading a lot in preparation for the
construction of a building for which application for a building permit
has been made.
A publicly or privately owned and operated facility involved
with recreational activities, for municipal, commercial or accessory
residential purposes, including but not limited to swimming pools,
tennis courts, basketball courts, athletic fields, playgrounds, half-pikes,
golf courses or other similar facility or use. Swimming pools require
separate permits issued by the Building and Engineering Department
to follow New York state regulations.
Shall include motor homes, truck campers, utility and landscape
trailers, boats, watercraft, snowmobiles, snow machines, any trailer
capable of transporting these vehicles, and camping trailers less
than 48 feet in length and/or having less than 720 square feet of
interior floor area.
[Amended 3-11-2020 by L.L. No. 1-2020]
Any principal use that involves scientific research of product development in any field except those that involve hazardous substances, which are handled under Chapter 123 of the Code of the Town of Clarence.
A commercial establishment that prepares and serves food
and/or alcoholic beverages to the public.
Engineered facilities for delaying or storing stormwater
runoff from a site. Retention delays the flow off a site to prevent
flooding. Detention stores water on a site to allow time for pollutants
to precipitate out of the runoff. This cleans the water before it
is allowed to flow to nearby drinking sources.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
An area of land dedicated to infrastructure, including but
not limited to streets, sewer lines, waterlines, electric lines and
gas lines.
See "boardinghouse."
The school district that serves students within the AEF Overlay
District, or the school district's designated representative.
[Added 6-27-2007 by L.L. No. 3-2007]
An additional living unit added to a single-family home that
is for a family member of the owner-occupant.
The mandatory distance between a frontage line and a facade
or a lot line and a building wall.
A business or retail use. The facade of a shopfront is aligned
directly on the frontage line with the entrance at grade. This is
typical for sidewalk retail. Shopfronts often have awnings or a colonnade.
A transition line should separate the signage from the facade below.
Any impact that would deteriorate the public health, safety
and general welfare of the community. General welfare may include
community character and other quality of life issues that are deemed
important to that community, including but not limited to, all those
issues reviewed under New York State's Environmental Quality Review
Act (SEQRA).
A diagram drawn to scale showing the development plans for
a lot.
A map developed by a land surveyor licensed in the State
of New York accurately depicting the distances and measurements of
all existing and proposed structures on a lot, including all legal
boundary lines with distances and bearings.
Neighborhood scale businesses that maintain a reduced amount
of square footage and produce a minimal amount of vehicular traffic.
These are often clustered with similar small-scale retail establishments
in association with mixed use developments and typically do not exceed
2,500 square feet and do not require more than 15 parking spaces.
[Added 7-8-2015 by L.L.
No. 2-2015]
An authorization of a particular land use that is permitted
in a specific zoning district subject to the requirements imposed
by this chapter to assure that the proposed use is in harmony with
this chapter and will not adversely affect a neighborhood if such
requirements are met.
A building or part of a building used to house horses or
cattle.
An AEF determination that educational facilities impacted
by a development proposal have available capacity, based on adopted
level of service standards, which determination may be based on an
approved mitigation plan.
[Added 6-27-2007 by L.L. No. 3-2007]
An AEF determination that educational facilities impacted
by a development proposal do not have available capacity to serve
a development proposal, based on adopted level of service standards.
[Added 6-27-2007 by L.L. No. 3-2007]
The portion of a building included between the surface of
any floor and the ceiling above it.
Rain that falls onto impervious surfaces and is not absorbed
into the ground immediately. Stormwater runoff carries pollutants
off of paved surfaces into streams and rivers and causes flooding
by speeding up the rate of water flow into streams and rivers.
The direction of the architectural front facade of a building
in relation to the street.
A view framed by buildings at the termination of the axis
of a thoroughfare.
The area of land along the front property line parallel to
a right-of-way reserved for tree planting and landscaping.
The division of any parcel into two or more parcels.
[Added 2-14-2007 by L.L. No. 1-2007]
Having the ability to accommodate and maintain population
growth and economic expansion through intelligent design.
Buildings placed on a lot for a specific purpose, which are
to be removed within a specified time period. Examples of temporary
structures are monitoring stations, mobile classroom or office space,
construction trailers and guard houses, manufactured housing placed
on a lot for temporary housing while principal home renovations are
done, and produce stands. This chapter establishes the duration permitted
for a temporary structure.
A permit issued by the Town Board allowing a use which is
not permitted within a zoning district to continue as long as certain
criteria are being met by the applicant.
A building or part thereof devoted to showing movies or theatrical
productions on a paid admission basis.
See "bed-and-breakfast inn."
A dwelling unit that is owner-occupied and shares a common
wall with at least one other owner-occupied unit in a multiple-family
structure. The unit is situated on land that is commonly owned and
maintained by a homeowners' association.
Recreational paths for walking, jogging or bicycling within
parkways or greenbelts. Trails are informal in design and may run
through natural settings.
The area of a property running along the side or rear yard
of a nonresidential lot when it abuts a residential lot used as a
buffer. Transitional yards are planted with trees and landscaping
to reduce noise and other impacts on less intense property uses.
An area of land designated by a local official or board that
insures the protection of existing mature trees during site construction.
Such areas may be enclosed by temporary fencing for delineation purposes
and must include all driplines.
Land that is not protected by state or federal environmental
law, not covered with water, or subject to flooding. Also, land not
encumbered by any utility, conservation or access easement, including
public and private highway rights-of-way.
A modification of the dimensional requirements of a lot involving
a permitted use in the district in which it is located.
An exception granted to utilize land for a use not permitted
in the district in which it is located.
The right to undertake and complete a development and use
the property under the terms and conditions of an approved site survey
plan.
A teaching or learning business where classes are held, which
may be affiliated with a university or college.
An area of land that drains into a stream or river used for
drinking water. The watershed delineates the boundaries of the watershed
district, which sets development standards for impervious surface
areas and water quality.
All lands and submerged lands, commonly called "marshes,"
"swamps," "sloughs," "bogs," and "flats," which support aquatic vegetation.
These areas are transitional zones that occur between terrestrial
upland systems and deepwater aquatic systems, and are part of a continuous
gradient between both. Wetlands provides flood control, surface and
groundwater protection, wildlife habitat, open space, and water resources.
Regulated wetlands are identified by the United States Army Corps
of Engineers or the New York State Department of Environmental Conservation.
[Added 2-14-2007 by L.L. No. 1-2007]
Abutting areas that surround and protect a wetlands from
adverse impacts to its function and values.
[Added 2-14-2007 by L.L. No. 1-2007]
Land that is covered with woody vegetation.
[Added 2-14-2007 by L.L. No. 1-2007]
An area of land immediately adjacent to a building. Yards
are broken into front, rear and side. Front yards extend from the
architectural front of a building to the fronting street or right-of-way.
Side yards extend from the sides of a building to a street right-of-way
or property line. Rear yards extend from the back of a building to
a property line or right-of-way.
No distance from a structure to a property line creating
no yard area.
The Zoning Board of Appeals of the Town of Clarence. As defined
by Town Law § 267, the jurisdiction of the Board shall be
appellate only and shall be limited to hearing and deciding appeals
from and reviewing any order, requirement, decision, interpretation
or determination made by the administrative official(s) charged with
the enforcement of this chapter.
For purposes of this chapter, the Zoning Enforcement Officer
may be the Director of Community Development, Assistant Director of
Community Development, Zoning Code Enforcement Officer or any Building
Inspector.
The Official Map that illustrates the zoning district boundaries
described in this chapter. The Official Map shall be maintained current
by the Town's Planning and Zoning Department and remain derived from
the adopted Comprehensive Plan of the Town.
Written permission issued by the Town of Clarence for the
use of property, construction, or enlargement of a structure or the
grading or excavation of a site in preparation of construction or
for the installation of underground utilities.
