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.

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.

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.

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.

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.[1]

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.

Rear yards extend from the corner of a structure forming the primary rear wall facade of the structure to the back lot line.

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.

Structures with two staggered rear walls of equal length may measure the rear yard from either facade corner.

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.

Construction trailers used in conjunction with construction projects, provided that the following conditions are met:

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:

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:

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:

Uses designated as "permitted uses" and "uses permitted with special exception use permits" can be considered and may be applied for through the Planning and Zoning Department. The Town Board, pursuant to this chapter, may allow any application for uses not listed only after the provisions of this section have been met.

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in Clarence. To provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

The Town Board may authorize the granting of a temporary conditional permit for uses not specifically enumerated within a zoning district. Such permits may be issued in all zoning districts, except the Residential Single-Family District, and are designed for nonpermanent uses and are subject to conditions as established by the Town Board.

Vibration. No established use in any district shall be operated so as to generate inherent or recurring ground vibrations detectable at the property line which create a nuisance to any person of ordinary sensitivities on another property.

Noise. Every use of land shall be operated in such a way that regularly recurring noises are not disturbing or unreasonably loud and do not cause injury, detriment, or nuisance to any person of ordinary sensitivities. Every nonresidential use in any zoning district which adjoins a residential district must be operated in such a way that any noise which may be detected by the human senses without instruments at the district boundary line is no louder than the noise which could be expected from uses permitted in those residential districts.

Odor. Every use of land shall be operated in such a way that regularly recurring odors are not disturbing and do not cause injury, detriment or nuisance to any person of ordinary sensitivities on another property.

Lighting. No use on any property shall incorporate lighting that exposes adjoining residential properties to excessive exposure after 11:00 p.m. on any night. Any commercial property shall employ shield lighting of downcast intensity. The lighting requirements are specifically described in Article XVI, § 229-151, of this chapter (Site Plan Review Criteria).

Recreational vehicles.

Commercial vehicles. On any lot of less than one acre in size, which is located in any single-family residential or agricultural zoning district, one commercial vehicle of no greater than 10,000 pounds and one rear axle may be parked on an overnight basis and shall be limited to vans and pickup trucks. All other commercial vehicles are prohibited. The vehicle must be owned and registered within the last year to the owner or occupant of the property where it is placed. The requirement shall not be interpreted to prohibit vehicles from loading and unloading household goods in any zoning district for a period of up to 24 hours.

Prohibited vehicles. No residentially zoned lot may be used as the base of operation for any freight hauling truck and commercial passenger vehicles.

Location and screening. Any recreational vehicle placed upon property in any residential zoning district shall be placed on a paved driveway or in the side or rear yard of a property. If the vehicle is placed in the side or rear yard area, then it must be set back at least three feet from any property line and shall be screened from view of adjoining properties. No recreational vehicle may be placed in the front yard of any residence, unless it is placed on the paved driveway.

Conformance with Abandoned Vehicles Ordinance. Any vehicle parked outside of a wholly enclosed building must meet the requirements of the Abandoned Vehicles Ordinance (Chapter 209 of the Code of the Town of Clarence).

The vehicle must be owned by the property owner or his or her immediate family member.

One vehicle may be sold at any one time.

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.

All vehicles displayed for sale must meet the requirements of the Abandoned Vehicle Ordinance, Chapter 209 of the Code of the Town of Clarence.

Must have property owner permission to operate on a lot.

Permit shall be good for the time period May through October only.

Trailers shall not be used as temporary structures.

All parking shall be accommodated on site.

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).

Owners or occupants of residential living units may operate an occupation following these provisions in order to ensure that the residential character of the unit remains intact:

One nonresident assistant may be employed in a professional office of a doctor, dentist, musician, teacher, lawyer, architect, artist, or member of some recognized profession in the principal building of the residents therein.

No building in the Single-Family Residential Zoning District shall be used as a tourist home and not more than two boarders may be kept by a resident family.

Permit required.

General design standards.

Parking space dimensions.

Aisle and driveway widths.

Handicap parking.

Minimum parking requirements.

The visibility of the outside display of product must be regulated to ensure that the health, safety and general welfare of the citizens of the Town are protected. The following regulations are established to ensure that outside displays are reviewed and approved in a consistent manner and implemented to ensure the visual impacts associated with such displays are compatible to the character of the community.

Outside displays shall include any display of materials for sale outside of any enclosed structure.

Special exception use permit uses. Businesses which by the nature of the product sold desire outside displays shall receive initial approval for such displays via the special exception use permit process. Such businesses include, but are not limited to, motor vehicle sales, recreational vehicle sales, landscape and nursery product sales and lumber and building supply sales.

Other displays within permitted uses. Other than special exception use displays, all other businesses must apply for a permit from the Planning and Zoning Office to undertake outside displays and must meet the following regulations. No additional signs or other advertising devices, including balloons, lights, flashing lights, strings of flags or pennants or other similar devices with moving, fluttering or revolving items, shall be allowed.

Permit process.

The map entitled "Town of Clarence, New York, Official Zoning Map," as certified as such by the Town Clerk, is hereby declared to be the proper zoning for said districts as of the effective date of this chapter.[1]

For purposes of interpretation of district boundaries as shown on the Official Zoning Map, the following rules shall apply:

The Building Inspector, in conjunction with the Town Engineer, shall determine or approve the grade of the top of the foundation wall of all buildings or structures before granting a building permit. The Building Inspector shall determine the top of foundation wall, which shall be used in determining the grade. The top of the foundation wall shall not be less than 1/4 inch or more than 1/2 inch above the crown of the abutting roadway for each foot of distance measured between the center of the abutting roadway and the center of the front building foundation wall with a maximum of 40 inches above the center of an abutting roadway.

If the natural grade exceeds 1/2 inch per foot, or if existing buildings on the same side of the roadway within 500 feet have grades in excess of 1/2 inch per foot, or if the existing buildings so located have setbacks materially different from the required setback, the Building Inspector may authorize and approve a different elevation which, in his judgment, will provide reasonable and uniform grades.

The determination of the Building Inspector and/or the Town Engineer establishing a grade of the top of foundation wall may, upon proper application, be subject to review and change or modification by the Zoning Board of Appeals.

Proposed structures exceeding 100 feet of setback from a highway right-of-way shall be approved by the Building Inspector with a maximum top of the foundation wall 24 inches over existing grades.

Daylight and walkout basement construction shall conform to the general provisions for grade and meet the technical requirements of the Town Engineer.