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Clarence City Zoning Code

SECTION 405

110 Special Use Permit.

[R.O. 1995 § 400.110; Ord. No. 431, 3-11-2002]
A. 
The Board of Aldermen may, by special permit, at any Board of Adjustment meeting where same has been placed on the agenda and notice has been given as required by law, subject to such protective restrictions that it deems necessary, authorize the location, construction, extension or structural alteration of any building or uses, or increase in their height, in any district from which they are prohibited or limited by this Chapter.
B. 
Before issuance of any special permit for any of the above buildings or uses, the Zoning Inspectors shall report to the Board of Adjustment upon the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, health, public safety or general welfare.
C. 
No action shall be taken upon any application for proposed building or use above referred to until and unless the report of the Zoning Inspectors has been filed, but such report shall be made within sixty (60) days after the matter has been referred to them by the Board of Adjustment. If the Zoning Inspectors recommend against the issuance of the special permit, then a special permit may be issued only by two-thirds (2/3) vote of the Board of Adjustment.
D. 
In determining what action is appropriate upon any application, the Board of Adjustment shall consider whether or not the proposed changes will impair an adequate supply of light and air to the adjacent property, increase congestion in public street, increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the City of Clarence.
E. 
All authorization passed by the Board of Adjustment for special permits shall expire one hundred eighty (180) days after the date of its authorization unless a building permit has been issued and the actual construction has been started. Where unusual circumstances may prevent compliance with the time for required start of construction, an additional sixty (60) days may be issued. Excavation shall not be considered construction for the purpose of this Chapter.