Clarence Town City Zoning Code
ARTICLE X
C Commercial
[Amended 8-13-2008 by L.L. No. 2-2008]
§ 229-83 Intent.
Developments in the commercial districts are intended to achieve the high-quality site layout and use flexibility inherent in campus design. This is accomplished through attention to architectural compatibility with other buildings and the relationship of building facades to public roadways. These regulations are intended to encourage commercial facilities on Main Street between the hamlets of Harris Hill and Clarence Hollow, Wehrle Drive near Transit Road, certain parts of Sheridan Drive, and any other area designated as a commercial zone in the future to be designed so as to minimize traffic congestion, reduce conflict points, and maintain a pleasing community character. The Commercial Zone shall encourage a mix of uses, improved walkability, connectivity with adjoining uses and an overall enhancement of neighborhood appeal.
§ 229-84 Permitted uses.
The following list of uses are allowed as vested rights in facilities measuring up to 30,000 square feet in area:
[Amended 3-11-2020 by L.L. No. 1-2020]
Professional offices.
Funeral homes.
Convention facilities.
Retail sales activities.
Personal service shops, craft shops, antique shops, retail nursery or greenhouse.
Trade or industrial school.
Small animal hospital/veterinary clinic.
Dry cleaners/commercial laundry.
Printing shops.
Community facilities.
Permitted in-fill uses in existing structures.
Medical offices.
Nursing homes, dependent-living facilities.
Motels, hotels.
Grocery store/convenience store.
Retail nursery or greenhouse.
Restaurants.
Banks/financial institutions.
Plumbing, heating, electrical shops.
Day-care centers/nursery schools.
Public utility facilities.
Exclusions: uses listed above which involve on-site manufacturing, outdoor storage of merchandise, hazardous materials, warehousing and/or storage necessitating truck travel, and mining.
§ 229-85 Uses permitted with special exception use permits.
[Amended 10-11-2017 by L.L. No. 7-2017]
Any permitted use that involves a facility in excess of 30,000 square feet or any of the following list of uses:
Shopping plaza.
Drive-in/drive-through facilities.
Multiple-family dwelling units.
Lumber/building supply companies.
Business/commercial parks.
Light manufacturing operations.
Manufactured housing park.
Theaters, assembly halls, bowling alleys, and all similar public recreation uses.
Indoor storage of hazardous materials.
§ 229-86 Accessory structures.
Permitted accessory structures:
Private garages.
Sheds and similar structures.
Enclosures for dumpsters, outdoor storage, etc.
Barns.
Fences/walls.
Private recreational facilities
No accessory buildings designed, intended or used for business purposes shall extend closer than 45 feet to any side or rear lot line bordering on any residential lot used wholly for residential purposes, nor closer than 45 feet to any residential district boundary, nor closer than 10 feet to any side or rear lot line wholly within a commercial zoning classification. Accessory buildings lying wholly to the rear of the principal buildings shall not extend closer than 10 feet to the side or rear lot line, provided that these lines do not designate a residential district boundary or are in common with a lot used wholly for residential purposes. Please note, the accessory structure may not be placed within the forty-five-foot greenbelt that is required for commercial properties abutting a residential use.
§ 229-87 Development and design provisions.
No lot shall have less than 100 feet of public road frontage nor be less than 120 feet in depth. Corner lots shall be not less than 300 feet of public road frontage on each street. If the property has public sewer access, then no lot shall contain less than 20,000 square feet nor less than 5,000 square feet of area per family unit if used for multiple dwellings. If the property has no public sewer access, then no lot shall contain less than one acre (43,560 square feet) of land area and be subject to review and approval of the Erie County Health Department or the New York State Department of Environmental Conservation for private wastewater treatment permits.
Lot of record. No lot shall have less than 70 feet of public road frontage and be at least 120 feet in depth. No lot shall contain less than 15,000 square feet in area if used for a dwelling or dwellings.
Minimum development setbacks.
Front yard: minimum of 10 feet to a maximum of 80 feet. Front yard development setback shall be determined based on the following considerations:
[Amended 8-22-2018 by L.L. No. 8-2018]
Compliance with the Comprehensive Plan, and all associated Master Planning documents.
Subject to the recommendation of the Office of Planning and Zoning and approval by the board with approval authority.
Integration with the existing community character of the surrounding area, except when existing conditions do not match the intended future community character, as outlined in the Comprehensive Plan and all associated Master Planning documents.
Hierarchy of site uses to the right-of-way, where the principle use or structure features an architectural significance and prominence towards the public view, over secondary uses such as parking fields and accessory structures.
Side yard: 25 feet.
Rear yard: 25 feet.
Any commercial uses shall not be located adjacent to residential uses unless separated by a minimum forty-five-foot greenbelt.
Arcades, awnings, and open porches shall be permitted to encroach a maximum of 12 feet into front setbacks and side setbacks.
Interior road lot setbacks.
Buildings located along main interior roads shall have unified front setbacks of at least 10 feet.
Size of buildings.
No principal building shall contain less than 800 square feet of usable floor space. Buildings used in whole or in part for residential purposes, exclusive of accessory buildings and exclusive of porches, entries, garages and terraces, shall contain no less than 900 square feet of usable living space if a one-story building used as a one-family dwelling, nor less than 600 square feet of usable first-floor living space if more than one story, provided that no such building shall contain a total of less than 1,000 square feet of usable living space if used as a one-family dwelling, and provided further that no such building shall contain a total of 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.
Structures shall incorporate design features, including facade treatments and rooftop treatments, to break up all lengthy facades into smaller elements. Architectural details such as cornices, awnings, and window casings shall be utilized to achieve a smaller neighborhood scale to larger buildings and plazas.
Sidewalks. All facilities shall provide sidewalks to access existing sidewalks along the street corridor. If sidewalks do not exist along the front property line, then new sidewalks shall be constructed along each property line abutting public or private roads as a condition of approval.
§ 229-88 Parking and shared access.
All parking required by the uses in this district shall be provided on site and in sufficient number so as not to require on-street parking on adjacent streets or encroachment on adjacent property.
Parking areas shall be screened from view of the street to the greatest degree possible. Screening should be continuous and should conceal the parking area(s) from the street. Methods of screening may include stacked stone walls, picket fences, evergreen or deciduous hedges, other suitable landscape materials or a combination of materials. All screening should be located inside the applicant's property boundary and should not encroach onto the public sidewalk. Screening must not limit a driver's visibility of the sidewalk or street when exiting any off-street parking lot.
Where buildings or parking lots adjoin existing residential use, a greenbelt of at least 45 feet shall be provided with sufficient landscaping to eliminate the view of parking areas from residences and either fully or substantially block the view of buildings from the residences.
Islands shall be provided to separate parking stalls into banks of approximately 20 cars or less between islands. Islands shall be eight feet to 10 feet in width, shall be landscaped as stipulated herein, and must be curbed.
Shared access and interconnected parking lots between separate properties are encouraged. Facilities demonstrating an effective arrangement to share parking and access may reduce the total number of parking spaces required for each facility at the discretion of the body with final approval authority, either the Town Board or Planning Board. In addition, separate parking areas on one parcel shall be interconnected.
[Amended 12-1-2010 by L.L. No. 5-2010]
Drive-through businesses such as banks or restaurants shall have car stacking areas limited to the rear and sides of the building and are to avoid layouts that cause conflicts with the crossing of traffic patterns between car stacking, parking areas, and driveway entrances.
Trash containers, storage areas, loading and mechanical equipment shall be screened from public view. Dumpsters shall be properly secured and all outdoor storage areas are to be limited to the rear yards, screened from adjoining properties, and, in general, not visible from public right-of-way.
§ 229-89 Architectural standards.
Due to the visibility of the district, architectural compatibility is necessary in order to maintain community character and visually connect development. Designs shall be oriented toward matching the character of the community, visually connect development, and allow for proximity of varied uses.
Materials. Walls shall be clad in a mix of the following: stone, brick, marble, metal paneling, cast concrete, vinyl siding, drivit, and hardiboard or other cement paneling. All walls visible from a public right-of-way shall be clad with the same material required for the front of the building.
Roof and top treatments. The use of sloped roofs, including gabled and hip roofs, is strongly encouraged in an effort to maintain a village-scale building style.
The appearance of rooflines shall not be flat. A sloped roof must achieve a minimum four-foot rise for 12 inches run for structures up to 10,000 square feet in size.
Larger structures shall employ design standards to ensure that roof configuration matches the architectural appearance of the district. Buildings of this nature shall utilize a combination of roof elements and top treatments.
Rooftop mechanical units, dishes, and other miscellaneous equipment should be screened or be properly integrated as part of the building design. Screen material should be of the same or compatible material, texture, and color to the building architecture.
Roofing systems shall be comprised of materials appropriate to the architectural style and color palette of the building.
Exposed flat roofing systems are to be concealed from view.
Convenience stores and gas stations.
Canopies on such sites should not exceed the total height of, nor visually dominate, the principal building structure and should be architecturally integrated with the convenience store buildings and all other accessory structures on the site.
The gross floor area of convenience stores and gas stations should include all of the area under the canopy and accessory structures.
Supplementary standards. Standard franchise design is not encouraged. Designs should be oriented toward matching the character of the community.
§ 229-90 Lot coverage.
All principal buildings, accessory structures, and impervious surfaces located on a commercial district property may not exceed 70% of the gross area of the lot. Where a property owner has shared access and shared parking arrangements with adjoining property owners in perpetuity (for example, via a permanent easement recorded in the deed), the lot coverage requirements may be increased to 80% of the lot.
§ 229-90.1 Site lighting.
It is the intent of these standards and provisions to prevent, reduce or eliminate the problems created by improperly designed and installed outdoor lighting. Specifically, glare, light trespass, excessive energy usage and financial burden are all negative effects of poor site lighting design standards. The purpose of careful site lighting approaches is to ensure that outdoor lighting does not interfere with the reasonable use and enjoyment of property. These regulations are also designed to increase safety for both pedestrian and vehicular traffic.
Lighting design shall not create a nuisance to adjacent residences.
All external lighting sources shall be designed and shielded to avoid hazardous interference and direct glare onto adjacent streets and properties.
The lenses in pole and wall-mounted lighting shall be recessed to control the adverse impacts of light spillout and glare.
Parking area lighting fixtures shall not be illuminated after 11:00 p.m.
Security lighting and other building lighting will be allowed to operate as long as it does not create a nuisance to adjacent residences.
Outdoor site lighting shall accent existing community character and styling.
Pole-mounted lighting shall not exceed a total height of 15 feet from finished grade to the top of the fixture.
A mixture of lamp types on the same site shall be avoided.
To provide optimum color rendition, lamps are preferred in the following order: high-pressure sodium, metal halide, low-pressure sodium.
Convenience stores and gas stations. Lighting fixtures or sources of light that are a part of the underside of the canopy should be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface. Lighting fixtures which feature a central light spill, limiting unwanted lighting outside of the commercial property, shall be used. The materials and color used on the underside of the canopy should not be highly reflective, with the intent of minimizing the amount and intensity of light that reaches beyond the site boundaries.
Lighting plans shall be submitted and must include illumination footprints. The appearance and placement of lighting will be recommended on by the Planning Board as part of the site plan approval process.
§ 229-90.2 Access management.
Access management standards are put in place in an effort to reduce logistical traffic conflicts, particularly along roads with heavy traffic volume. Logical design standards assist with the strategic placement of access points along traffic avenues and thus reduce the number of conflict points. Achieving proper access management standards will allow for transportation components to be properly integrated into various land use arrangements. Projects which consider access management help to improve both safety and efficiency within the community.
The site layout, location and design of driveways and parking areas should be based on full buildout of the parcel. Future subdivision of the parcel or any future action that is contrary to an already approved plan cannot occur without prior Planning Board approval. Furthermore, site plans are a crucial component for understanding a site and project; they must illustrate the building location, elevation of all buildings and structures, building materials to be utilized on all facades, and the location of site lighting, signage, and traffic control features.
Properties with frontage on two or more roads do not have the right to provide driveway access to all such roads. Access in such cases shall be determined by the body with final approval authority, either the Town Board or Planning Board.
[Amended 12-1-2010 by L.L. No. 5-2010]
Curb cuts and driveway spacing for new development or redevelopment will be evaluated on a case-by-case basis to reduce conflicts and ensure traffic safety and efficiency.
Driveways should be located so as to provide shared access and/or cross access with an abutting parcel or properties, wherever practical.
Shared driveways and/or cross-access driveways shall be of sufficient width (minimum 20 feet) to accommodate two-way travel for automobiles and for service and loading vehicles.
Driveways should be located outside of the functional area of the intersection, or if this is not possible, driveways should be placed as far as possible from the intersection.
Driveway location.
Driveway location will be based on a site plan that has been agreed upon by the Planning Board in consultation with the Town Engineer and, where appropriate, the Town Highway Superintendent.
The Planning Board may allow the location of driveways outside of conventional standards if:
A dual-driveway system, cross-access driveway system or shared driveway is proposed and this improves the safe and efficient movement of traffic between the parcel and the road;
A driveway or driveways could be located so as to meet conventional standards, but the characteristics of the parcel or the physical or operational characteristics of the road are such that a change of location will improve the safe and efficient movement of traffic between the parcel and the road; or
Conformance with conventional standards imposes undue and exceptional hardship on the property owner.