[HISTORY: Adopted by the Town Board of the
Town of Clarence 5-14-1997 by L.L. No. 2-1997; amended in its entirety 6-8-2022 by L.L. No. 2-2022. Subsequent amendments noted where applicable.]
A.
It is the purpose of this chapter to promote the health, safety and
general welfare of the residents of the Town of Clarence by:
As used in this chapter, the following terms shall have the
meanings indicated:
Activities conducted by existing and permitted commercial,
retail and similar uses, which utilize space outside of an approved
commercial/retail building in the required yard space and/or parking
facilities of such buildings. Such sales shall include but not be
limited to sidewalk sales, tent sales, grand openings, going-out-of-business
sales, holiday sales and similar activities.
Activities conducted by existing and permitted residential
uses which advertise for sale property customarily associated with
such residential uses on such premises.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
Two or more retail businesses and/or commercial operations
having one or more common walls or utilizing the same parking area
or areas, accessways or outdoor lighting systems.
Community-wide events not otherwise associated with a commercial
entity. Such activities shall include but not be limited to craft
fairs, trade shows, circus or carnival events, holiday or seasonal
events, parades, demonstrations and other similar community-wide attractions/events.
A store, room, building, tent, enclosure, lean-to or structure
of any kind intended to be occupied for the period of time necessary
to vend the merchandise or products therein housed initially, with
or without the intent to replenish or restock such goods, wares and
merchandise sold therein.
A.
Commercial event sales.
(1)
Commercial event sales shall only be allowed in the Commercial, Major Arterial, Traditional Neighborhood District, Restricted Business, and Lifestyle Center Zones as defined in Chapter 229, Zoning.
(2)
Each individual business may conduct two such commercial event sales
in any calendar year. No two such sales by a particular business shall
run consecutively.
(3)
Commercial event sales may run for a maximum of five days in duration.
(4)
No balloons, pennants, flashing lights, strings of flags or other similar devices with moving, fluttering or revolving items shall be allowed. A temporary sign may be allowed under separate application, as defined in Chapter 181, Signs.
(5)
Any illumination or lighting device shall employ only light of a
constant intensity, and nothing shall be illuminated by or contain
flashing, intermittent, rotating or moving light or lights. No items
shall be so placed or directed as to permit the illumination therefrom
to be directed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare, reflection or danger to any person
or persons.
(6)
No temporary structure shall be placed or displayed nearer to the
road right-of-way (ROW) than 25 feet, or closer to either side line
of the property than 25 feet. Corner lots shall maintain the same
minimum setback requirements.
B.
Commercial event sales in plazas.
(1)
Only one commercial event sale per plaza at any one time will be
permitted.
(2)
Plazas may conduct commercial event sales representing all individual
stores within that plaza as one distinct application. A commercial
event sale conducted by a plaza shall be counted as a commercial event
sale for each individual business within such plaza.
C.
Special events.
(2)
Temporary signs announcing the event must be freestanding and located so as not to interfere with required site distances and may not be attached to utility poles, street signs or existing structures in the right-of-way. All such signs shall meet the standards as defined in Chapter 181, Signs.
(3)
Event coordinators must supply plans for parking and access for emergency
vehicles and personnel.
(4)
No temporary structure shall be placed or displayed nearer to the
road right-of-way (ROW) than 25 feet or closer to either side line
of the property than 25 feet. Corner lots shall maintain the same
minimum setback requirements.
D.
Garage sales/yard sales.
(2)
An individual residence may conduct two such sales per calendar year,
each not exceeding 10 days in duration and meeting conditions as described
in this chapter.
(3)
Such sales shall not be conducted so as to run consecutively.
(4)
Temporary signs announcing a garage/yard sale may not be attached
to utility poles, street signs or existing structures located within
a street/highway right-of-way.
(5)
Temporary signs announcing a garage/yard sale must be freestanding
and located so as not to disrupt traffic flows.
(6)
Temporary signs announcing a garage/yard sale must be removed immediately
upon conclusion of the sale.
(7)
Temporary signs announcing a garage/yard sale may not exceed two
square feet in area.
(8)
Nothing in this chapter shall prevent a charitable/civic organization
from conducting a community garage sale as long as conditions as herein
described are met.
A.
Commercial event sales shall only be allowed with a permit issued
by the Zoning Department of the Town of Clarence.
(1)
Applicants shall submit a site plan drawn to scale depicting the
location of temporary structures and outdoor activities. Such site
plans shall indicate setbacks from property lines, parking plans,
traffic flow plans and pedestrian flow plans.
(2)
Applicants shall submit an application which includes the name and
address of the applicant along with the site plan and any insurance
required by the Town to name the Town as an additional insured on
any policy associated with the commercial event.
(3)
In reviewing applications for commercial event sales, the Zoning
Department of the Town of Clarence shall not allow an event negatively
affecting the health, safety and welfare of the residents of the Town.
No commercial event sale shall restrict:
(a)
Vehicular traffic flow.
(b)
Pedestrian access and safety.
(c)
Fire lane access.
(d)
Lighting.
(e)
Visibility.
(f)
Lines of sight.
(g)
Setbacks off public rights-of-way and street/highway lines.
(h)
Setbacks off the side and rear property lines of adjoining uses.
Displays/events must generally conform to the zoning regulation setbacks
for that zoning district.
(4)
The Building Department of the Town of Clarence shall have the authority
to inspect the premises of the commercial event, including temporary
structures, to ensure compliance with this code as well as NFPA 1,
NFPA 96 and the Uniform Fire Prevention and Building Code of New York
State.
(5)
Commercial events that propose mobile food vending are subject to any required permits and standards as defined in Chapter 147, Peddlers, Hawkers, Solicitors, and Mobile Food Vending Ordinance of the Town of Clarence.
(6)
The Zoning Department of the Town of Clarence shall have the authority
to reject any application not in conformity with these provisions,
or transmit the application to the Building Department of the Town
of Clarence for comment prior to any action being taken.
(7)
Appeals of a decision of the Zoning Department shall be heard by
the Town Board.
(8)
The Zoning Department of the Town of Clarence shall issue a notice
of violation to any person operating a commercial event sale in contravention
to the regulations herein described.
B.
Special events proposed to occur on private property for one day
or less shall be considered through a permit issued by the Zoning
Department of the Town of Clarence. Special events proposed to occur
on public property, or on private property in excess of one day shall
be considered through a permit issued by the Town Board of the Town
of Clarence.
(1)
Applications shall be made through the Zoning Department.
(2)
Applicants shall submit an application which includes the name and
address of the applicant along with the site plan to include parking,
emergency vehicle access and any insurance required by the Town to
name the Town as an additional insured on any policy associated with
the event.
(3)
The Building Department of the Town of Clarence shall have the authority
to inspect the premises of the special event, including temporary
structures, to ensure compliance with this code as well as NFPA 1,
NFPA 96 and the Uniform Fire Prevention and Building Code of New York
State.
A.
An applicant for a commercial event sale permit or a special event
permit shall pay to the Town of Clarence at the time an application
is submitted a fee as set by resolution of the Town Board of the Town
of Clarence.
B.
Special events sponsored by a local civic/charitable organization
shall be exempt from any fees; however, all other requirements of
this chapter as herein described must be met, including a site plan
and any required insurance.
A.
Any person who shall use, allow, let or permit to be used property
for a commercial event sale, or special event, as defined in this
chapter without having a written permit in accordance with the provisions
of this chapter shall be guilty of a violation of this chapter.
B.
Any person who shall use, allow, let or permit to be used property
for a garage/yard sale which violates any of the provisions of this
chapter shall be guilty of a violation of this chapter.
C.
A separate offense against this chapter shall be deemed committed
on each day during or on which a violation occurred or continues.
A separate penalty may be imposed for each separate offense.
D.
For each violation of this chapter, the person violating the same
shall be subject to a fine of not more than $250.
