Clarence Town City Zoning Code
ARTICLE XV
Special Exception Use Permits
§ 229-115 Purpose.
[Amended 2-14-2007 by L.L. No. 1-2007]
In order to ensure that the comfort, safety, welfare and property rights of the residents of the Town of Clarence are protected, the Town Board may authorize and direct the issuance of a special exception use permit for uses that require certain mitigating conditions specific to their design and/or operation. Such conditions ensure compatibility among building types so that different uses may be located in proximity to one another without adverse effects to neighboring residential uses and each other. This chapter specifies the minimum requirements which must be met by all the uses listed in the uses requiring a special exception use permit section for each zoning district in Article III, to be considered by the Town Board.
§ 229-116 Procedures.
[Amended 2-14-2007 by L.L. No. 1-2007]
Applications to the Town Board for a permit authorizing a use indicated as a special exception use shall be made directly to the said Board on forms provided by the Planning and Zoning Department. The Town Board may refer the application to the Planning Board for review and comment. The Planning Board shall submit written comments to the Town Board on the proposal within 30 days of referral. The granting by the Town Board of a special exception use permit shall require the concurring votes of four members of the Board in favor of the applicant, after a public hearing advertised in accordance with Town procedures. Special exception use permits shall not be deemed to constitute a variance and shall not be conditioned upon an appeal from the denial of building permit or use permit by the Building Inspector. For just cause, including but not limited to negative impacts to the health, safety, welfare and property rights of the neighborhood for which the use is proposed, the Town Board has the authority to deny such special exception use permits.
[Amended 12-1-2010 by L.L. No. 5-2010]
Each use may only be permitted in compliance with all conditions listed for the use in this chapter. The Town Board may, after public hearing, amend or add specific conditions to the recommendation from the Planning Board.
§ 229-117 Bed-and-breakfast inns.
Single-family homes used as bed-and-breakfast inns shall have a minimum heated floor area of 1,500 square feet.
Single-family homes used as bed-and-breakfast inns may not subdivide existing rooms into less than 200 square feet.
The bed-and-breakfast inn shall be owner-occupied.
All parking shall be to the rear of the home. Where on-street parking is permitted, the length of the street in front of the lot may be counted as parking. There shall be one parking space per room of lodging, plus two spaces for owner-occupant.
§ 229-118 Cemeteries.
Shall not include embalming or cremation facilities.
Walls between 1.5 feet and four feet are permitted.
Fences between 2.5 feet and six feet are permitted.
Combination wall and fence is permitted. If exceeding four feet in height, the portion over four feet shall be a minimum of 50% opaque.
Setbacks from all street right-of-ways to a wall or grave shall be a minimum of 10 feet.
§ 229-119 Public recreational facilities.
All recreational facilities shall be treated as parks in design and landscaping. All structures associated with a recreational facility shall be located toward the perimeter of the lot.
Recreational facilities shall be encouraged to be built adjoining school campuses, greenbelts or parkways.
Parking shall be located behind structures or along the perimeter of the lot. There shall be 14 spaces per acre and/or one per 250 square feet of facility floor area.
§ 229-120 Drive-in theaters.
Minimum lot size: three acres.
§ 229-121 Rooming/boarding homes.
§ 229-122 Churches/civic uses/community facilities/nursing homes.
Churches/civic uses shall be placed on a lot so as to front on the street and, where possible, terminate a vista.
Accessory structures shall be behind a line a minimum of 20 feet from the front facade of the principal structure and, if more than one, shall be arranged to create secondary gathering spaces within the lot.
Parking shall be located towards the interior of the lot. Parking may not occur within a front setback or corner side setback.
Front setbacks may be altered to preserve views or significant trees.
§ 229-123 Public safety stations.
§ 229-124 Drive-through facilities.
[Amended 10-11-2017 by L.L. No. 7-2017]
Drive-through windows and order boards shall be set back a minimum of 80 feet from any street or highway right-of-way line to allow adequate sight distance for exiting automobiles.
Drive-through lanes, windows and order boards shall not be located along the street frontage(s) of a building except where screened from view by landscaping and/or an architectural feature.
Vehicles must be stacked sufficiently for traffic flow and vehicular access. A minimum of eight vehicles per window shall be required.
Each vehicle stacking space in a drive-through lane shall be a minimum of 20 feet in length.
Vehicle stacking lanes shall not block or interfere with parking lot traffic or access to parking lot spaces, and shall function independent of parking lot isles.
§ 229-125 Car washes.
[Amended 10-11-2017 by L.L. No. 7-2017]
Bay doors or vehicle entrances, exits and openings shall not front the street or any property used exclusively for residential purposes except where screened from view by landscaping and/or an architectural feature.
The design of all structures shall be architecturally compatible with neighboring structures, including, but not limited to, building materials and roof pitch, and consistent with architectural standards of the zoning district.
§ 229-126 Multiple-family developments.
[Amended 6-27-2007 by L.L. No. 3-2007; 6-26-2013 by L.L. No. 2-2013; 7-8-2015 by L.L. No. 2-2015; 7-26-2017 by L.L. No. 5-2017]
Multiple-family developments will only be allowed in the Commercial, Restricted Business and Traditional Neighborhood Districts as described herein.
The purpose of a multiple-family development special exception use permit is to guide the future establishment of multiple-family developments within the Town of Clarence. Multiple-family developments shall not be considered an "as of right" use within any zoning classification.
The Town Board shall determine the Town-wide placement of such a multiple-family development based upon its design features, and its impacts upon the community character, infrastructure and fiscal sustainability of the Town.
The intent of this section is to provide design standards to ensure that multiple-family developments are properly integrated into the character of the Town of Clarence by providing for:
Preservation of valuable commercial property within the Town for development of commercial uses.
Preservation of open space.
Harmony with the rural and suburban character and scenic qualities of the Town.
Facilitation of interconnectivity within the multiple-family development between commercial and residential components.
Facilitation of cross access between the development and surrounding properties.
Facilitation of the adequate extensions of roads, walkways and utilities.
Multiple-family developments in Commercial and Restricted Business Zones.
In order to preserve the long-term viability of the Commercial and Restricted Business zoning classifications for commercial uses, provide a balance to residential growth in the community, and avoid the concentration of multiple-family developments in a particular area of the Town, the maximum number of multiple-family developments that can be approved on any shall be restricted as follows:
Multiple-family developments will only be allowed on properties with sewer access as approved by the Town Board. The maximum density for multiple-family developments with sanitary sewer access shall be eight units per acre.
Where feasible and appropriate, multiple-family developments may be considered on properties without sanitary sewer access. The maximum on-site waste treatment allowance determination shall be consistent with the approvals of regulatory agencies and the Town Engineer, including residential and projected commercial waste. The maximum number of residential units that can be developed on properties without sewer access in a multiple-family development shall be four units per acre with a maximum total number of 16 units.
A minimum of 50% of the property shall be committed to commercial uses. On-site integration between residential and commercial components is required. The required commercial component shall be located in such a way as to front the public right-of-way.
The density calculation and total number of residential units is only to be determined by the residential component of that portion of project site being utilized for the multiple-family development.
Within the residential component, there shall be a maximum of four residential units per building. Upon recommendation of the Planning Board, the Town Board may consider exceptions to maximum residential units per building, as documented by the applicant for purposes relating to the physical or developmental health needs or government-recognized financial needs of the intended occupants.
Buildings within a multiple-family development shall be limited to a maximum of two stories.
Exclusively residential buildings within a multiple-family development shall have a sufficient setback from the fronting road to preserve the open character of the Town. The required front yard setback area shall be enhanced with landscaping to ensure a visual buffer. Where appropriate, exclusively residential buildings shall be located to the rear of the required commercial component or integrated through a mixed-use format.
All multiple-family developments shall have pedestrian connectivity integrating the site with its surrounding environment. Where appropriate, sidewalks or recreational trails shall be created, extended and connected to existing or planned off-site sidewalks or trails.
Multiple-family developments will require 30% of the overall development to be preserved as permanent open space.
Part or all of the required commercial component can be preserved as open space for later commercial development. This open space reserved for commercial use is in addition to the 30% required for the overall development.
Upon recommendation of the Planning Board, the Town Board will designate the area of the development that is to be reserved for commercial use as open space at the time of the approval of the special exception use permit.
Mixed use design incentive.
Within the minimum 50% of the development committed to commercial uses, mixed use designs may be allowed through an incentive density of up to four residential units per acre.
Mixed use designs within the commercial component shall require a minimum of 75% of the first floor square footage to be dedicated to permitted commercial uses.
For mixed use designs, there shall be no limit to the number of residential units per building in the commercial component.
Transfer incentive.
A transfer incentive of two additional residential units may be placed within the commercial component in a mixed use design for every one unit removed from the residential component.
General design standards.
All on-site roads and driveways shall be constructed to standards as approved by the Town Board. Curb cuts for proposed entrance and exit access roads and driveways shall not be closer than 100 feet to any existing road intersection.
Each design or construction phase of any multiple-family development must meet the density requirements as herein established.
Multiple-family developments that adjoin a road shall have significant screening running the length of the right-of-way, parallel to the road frontage.
All multiple-family developments shall have an area, or areas, devoted to recreational use by the residents. Such recreational space shall have a total area equal to a minimum of 15% of the overall development. Part or all of such space shall be in the form of developed recreation areas to be usable for recreational purposes. The 15% recreational areas may be counted as a part of the 30% total open space requirement for such projects. The recreational area shall be maintained by the owner of the property.
Buildings used in whole or part for single-family residential purposes, exclusive of accessory buildings, porches, entries, garages and terraces, shall contain no less than 900 square feet of usable living space if a one-story detached building, nor less than 600 square feet of usable first floor living space if more than one story. No such building shall contain 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.
Small-scale retail uses in the Restricted Business Zone exception.
Under special circumstances, the Town Board, upon recommendation of the Planning Board, may allow small-scale retail uses within the Restricted Business Zone in conjunction with multiple-family developments in a mixed use design. These special circumstances would include:
Each business should complement and service the residents of the development, and contribute to the character of the Restricted Business Zone.
For mixed use design proposals that do not have predetermined small-scale retail tenants or defined uses at the time of submission, the overall area designated for small-scale retail will be considered for approval subject to future use permits as approved on a case-by-case basis by the Planning Board at the time when a tenant or defined use has been proposed.
Furthermore, in an effort to maintain small-scale retail units that uphold the intent of the Restricted Business Zone (see § 229-75), additional retail restrictions would include but not be limited to:
Limited vehicular traffic generation consistent with Restricted Business Zone.
Architectural and design standards consistent with Restricted Business Zone.
No automotive uses, including but not limited to sales, part sales, service, rental, collision, body repair, detailing and fueling.
No drive-through facilities.
No outside display.
An applicant shall have the right to petition the Zoning Board of Appeals of the Town of Clarence in the event of a denial of the small-scale retail use permit by the Planning Board. The Zoning Board of Appeals of the Town of Clarence, after public notice and a hearing, may approve, deny, or vary/modify the application of this section in harmony with its general purpose and intent.
Multiple-family developments in Traditional Neighborhood District (TND).
The maximum residential density of the multiple-family development shall be limited to eight units per acre.
A minimum of 25% of the total floor space shall be committed to commercial uses.
On-site integration and connectivity of uses is required.
The required commercial component shall be located in such a way as to front the public right-of-way.
General design standards.
All on-site roads and driveways shall be constructed to standards as approved by the Town Board. Curb cuts for proposed entrance and exit access roads and driveways shall not be closer than 70 feet to any existing road intersection.
Each design and construction phase of any multiple-family development must meet the density requirements as herein established.
Multiple-family developments that adjoin a road shall have significant screening running the length of the right-of-way, parallel to the road frontage.
All multiple-family developments shall have an area or areas devoted to recreational use by the residents.
Recreational uses shall be defined as pedestrian accommodations and improvements intended to beautify the property fronting the public right-of-way. Such features include, but are not limited to, benches, planters and bike racks.
All multiple-family developments shall have pedestrian connectivity integrating the site with its surrounding environment. Where appropriate, sidewalk or recreational trail connections shall be created, extended and connected to existing or planned off-site sidewalks or trails.
Buildings used in whole or part for single-family residential purposes, exclusive of accessory buildings, porches, entries, garages and terraces, shall contain no less than 900 square feet of usable living space if a one-story detached building, nor less than 600 square feet of usable first floor living space if more than one story. No such building shall contain 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.
§ 229-127 Private schools.
School campuses shall have the principal structure face the fronting street, which should be located along the edge of a neighborhood.
Where practical, parking shall occur behind the fronting structure(s).
Schools shall be appropriately designed and scaled to serve as anchors for a community and should terminate a street or vista.
Large parking areas or setbacks shall not inhibit pedestrian connections to schools for surrounding neighborhoods.
If school sites do not abut a greenbelt or parkway, ball fields and play areas shall be located near the interior portions of the property.
§ 229-128 Fuel service stations.
[Amended 10-11-2017 by L.L. No. 7-2017]
The design of all structures, including fuel canopies, shall be architecturally compatible with neighboring structures, including, but not limited to, building materials and roof pitch, and consistent with architectural standards of the zoning district.
All fuel storage tanks and fuel pumps shall be located at least 20 feet from any lot line and fuel storage tanks shall be buried underground according to the building, fire prevention and other applicable laws, codes, rules and regulations.
Code of the Town of Clarence shall not supersede New York State Environmental Conservation Law regarding storage of hazardous materials.
§ 229-129 Restaurants, nightclubs and bars.
§ 229-130 Traditional neighborhood uses in structures between 10,000 and 30,000 square feet.
Structures must be built in such a manner to be readily reused or adapted into other uses that are allowed within the district.
Properties must provide pedestrian connections to the neighborhood network of sidewalks and public or semipublic squares to encourage a more walkable community.
Building facades shall be articulated to create the impression that the building is more than one structure. This can be accomplished using different facade treatments and/or varying building height every 35 to 50 feet if the facade exceeds 80 feet in length.
Parking must be accommodated on site. Shared parking arrangements are encouraged.
All loading areas shall be to the rear of the structure. (Does not apply to multifamily developments)
For mixed-use structures between 10,000 and 30,000 square feet only, the first floor shall be used for nonresidential uses only.
§ 229-131 Restricted business uses in structures over 10,000 square feet or a cumulative total of 30,000 square feet on a property; any commercial uses exceeding 30,000 square feet.
The architectural style of buildings shall conform to the style that has been established in the immediate vicinity of the project site and as described in the adopted Comprehensive Plan.
Parking must be accommodated on site. Shared parking arrangements are encouraged.
All loading areas shall be to the rear of the structure. (Does not apply to multifamily developments)
For mixed-use structures over 30,000 square feet only, the first floor shall be used for nonresidential uses only.
There shall be no more than one hotel/motel unit for each 2,500 square feet of site area.
The following accessory uses shall be permitted in a hotel/motel site:
One restaurant/bar and/or coffee shop or cafeteria providing food and drink.
Amusement and sports facilities for the exclusive use of hotel/motel guests, including swimming pool, children's playground, tennis or other game courts, game or recreation rooms.
Office and lobby, provision of which shall be mandatory for each hotel/motel.
Meeting and/or conference rooms.
§ 229-132 Major arterial uses exceeding 50,000 square feet in area.
Uses generating a significant amount of car trips a day, as determined by the Town of Clarence, shall be required to improve adjoining street or intersection infrastructure as determined by the Town Board, New York State Department of Transportation, and the Erie County Department of Public Works Division of Highways.
Uses requiring an excess of 20,000 gallons per day of water or sewer usage shall be required to improve infrastructure capacity as determined by the Town Board or the Erie County Health Department.
§ 229-133 Adult establishment (Industrial Business Park District).
Buildings and establishments operated as adult uses are determined to be detrimental and harmful to the health, morals and general welfare of a community. In order to promote the health, safety morals and general welfare of the residents of the Town of Clarence, this article is intended to restrict adult uses to nonresidential areas of the Town and otherwise regulate their operation. Moreover, in that the operational characteristics of adult uses increase the deleterious impact on a community when such uses are concentrated, this section is intended to promote the health, safety, morals and general welfare and good order of the residents of the Town of Clarence by regulating the concentration of such uses.
No such adult establishment shall be located less than 1,000 feet from a school, church, day-care center or lot in residential use.
In addition to the general requirements for obtaining a special exception use permit, the following shall be required:
Architectural design of a proposed building or structure which includes adult uses shall include frosted windows and similar techniques, in addition to general features compatible to the surrounding character, to discourage such uses from being visible from the exterior of the proposed structure.
The owner of a building or premises, his agent for the purposes of managing or controlling or collecting rents, or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the Town Clerk of the Town of Clarence prior to receiving a special exception use permit and then every year thereafter prior to January 15 of the year for which the operation is proposed for continuation:
The address of the premises.
The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is a land trust.
The name of the business or the establishment subject to the provisions of this article.
The name(s) and address(es) of the owner, beneficial owner or the major stockholder(s) of the business or the establishment subject to the provisions of this article.
The date of the initiation of the adult use.
The nature of the adult use.
If the premises or building is leased, a copy of said lease.
It is a violation of this section for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Town Clerk.
The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises of the adult use a copy of the registration filed with the Town Clerk.
A fee as set by the Town Board shall be paid annually with the filing of the above-described registration.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, light, sign, show window or other opening.
§ 229-134 Indoor storage of industrial hazardous material.
[Amended 10-11-2017 by L.L. No. 7-2017]
All indoor storage of industrial hazardous materials shall be in compliance with all applicable laws, codes, rules and regulations.
Such material shall be listed and made known with the Fire Department with jurisdiction.
Structures housing such materials shall be located at least 100 feet from any lot line and 200 feet from any residential lot line.
§ 229-135 Outdoor storage of industrial hazardous material.
[Amended 10-11-2017 by L.L. No. 7-2017]
All outdoor storage of industrial hazardous materials shall be in compliance with all applicable laws, codes, rules and regulations.
Outdoor storage shall be screened from all public rights-of-way and can occur only in a rear yard. Screening shall comply with the Landscape Ordinance (Chapter 131 of the Code of the Town of Clarence).
All material shall be listed and made known with the Fire Department with jurisdiction.
All storage areas shall be located at least 200 feet from any adjoining lot line.
§ 229-136 Secondary living unit.
Units must be secondary to a principal dwelling unit and shall not be converted to a rental unit.
Applications for a building permit shall include additional information regarding the location, ingress, egress, parking, floor plan, utility schematics, construction contracts, and other information as necessary to determine that the nature of the addition will not alter the character of the principal structure as a single-family residence.
Any occupant of the living unit must be a family member, a paid employee or a temporary guest (such as an exchange student) of the principal homeowner. Any rental agreements or monetary exchanges for overnight stays shall constitute a separate principal living unit and be deemed a two-family structure for purposes of administering this chapter.
The unit shall never be rented as a separate living unit and proof of deed restrictions guaranteeing the single-family use of the property in perpetuity shall be required by the Building Department and shall be kept on file in that Department.
[Amended 2-14-2007 by L.L. No. 1-2007]
§ 229-137 Expanded home occupations.
Home occupations that exceed the thresholds as identified within this chapter, especially as related to utilizing accessory buildings to house such operations, shall require a special exception use permit.
There shall be no outdoor storage of any product or materials
Accessory structures shall conform to the architectural standards of the principal use.
Under no circumstances shall a use that requires large-scale deliveries or trucks greater than three tons be allowed. No uses with deliveries of a greater frequency than five per day shall be allowed.
§ 229-138 Telecommunications towers.
All telecommunications towers that require a special exception use permit shall conform to all regulations as established in Chapter 173 (Satellite Antennas and Towers) of the Code of the Town of Clarence.
§ 229-139 Automotive, equipment, implement sales and services and commercial garages.
[Amended 12-1-2010 by L.L. No. 5-2010; 10-11-2017 by L.L. No. 7-2017]
When bordering any property used for residential purposes, such operations shall be screened from the residential use by landscaping and/or an architectural feature in conformance with Chapter 131 of Code of the Town of Clarence (Landscape Law).
All parking areas and outdoor vehicle or equipment storage or display areas shall be paved.
No automotive related items shall be displayed for sale within the front yard setback, except when screened from view by landscaping or an architectural feature and buffered by a twenty-foot greenbelt.
All wastes and discarded parts resulting from servicing automotive vehicles and related equipment shall be stored, until properly disposed of, in an enclosed structure, so as not to be visible from the street or adjacent lots and with an impervious base foundation, so as to prevent ground contamination. None of these materials may be disposed of on the property. Furthermore, operations must be in conformance with Chapter 209 of the Code of the Town of Clarence (Vehicles, Abandoned).
Outdoor lighting shall be situated so as not to be directed at adjoining properties and shall conform to the requirements of Chapter 229 of Code of the Town of Clarence (Lighting Law).
Bay doors or automotive entrances, exits and openings shall not front the street. Bay doors or automotive entrances, exits and openings fronting any property used exclusively for a residential use are not permitted, except when screened from view by landscaping or an architectural feature.
Automotive hoists shall be located wholly within a structure.
All repair, service or maintenance activities are to wholly occur within a structure, except for refueling.
Outdoor storage shall only occur within the designated paved areas as determined at time of approval, and shall not occur within the front yard setback.
Outdoor display for sale shall only occur within the designated paved and striped surface as determined at time of approval.
The design of all structures shall be architecturally compatible with neighboring structures, including, but not limited to, building materials and roof pitch and consistent with architectural standards of the zone.
Code of the Town of Clarence shall not supersede New York State Environmental Conservation Law regarding storage of hazardous materials.
§ 229-140 Building supply sales and storage yards.
All buildings, structures, materials storage areas shall be located at least 50 feet from all lot and street lines.
When located within 200 feet of a residential structure such operations shall be screened from the adjacent residential lot by a fence, hedge or other landscaping in conformance with Chapter 131 of the Code of the Town of Clarence (Landscape Law).
[Amended 12-1-2010 by L.L. No. 5-2010]
Any outdoor lighting shall be situated so as not to be directed at adjoining uses.
§ 229-141 Parking facilities.
All parking facilities that act as a principal use in a commercial zone must have a valid landscape plan approved by the Town's Landscape Committee under Chapter 131 of the Code of the Town of Clarence.
§ 229-142 Light manufacturing and assembly operations.
Any light manufacturing operation such as the manufacture or fabrication of handicraft products, scientific instruments, power tools, computer equipment, electronics, furniture, wearing apparel and other products made primarily from fabrics may be allowed, provided that such uses shall not give rise to smoke, noise, dust or fire nuisance or hazard greater in character than the uses specifically permitted in the zoning district.
§ 229-143 Warehousing and distribution facilities.
Any warehousing and distribution facility must be located in an area readily accessible to major roadways to minimize the impacts of heavy vehicle traffic on residential areas.
§ 229-144 Fuel storage and supply operations.
All fuel storage and supply operations shall have a setback of 100 feet from any aboveground storage tank to any residential structure or residential zoning line.
§ 229-145 Excavations.
All excavations must conform to the Excavation Law (Chapter 93 of the Code of the Town of Clarence).
§ 229-146 Manufactured home parks.
Any manufactured home park must meet the provisions set forth in the Manufactured Housing Parks Law (Chapter 135 of the Code of the Town of Clarence).
§ 229-147 Beauty salons.
Beauty salons or parlors shall be an accessory use to the principal use of the residential or agricultural property.
The operation shall be conducted only by a resident or residents of the premises and no outside help shall be employed.
There shall be no outside display or advertising, except a sign as permitted through the Sign Law (Chapter 181 of the Code of the Town of Clarence).
The operation shall not utilize more than 25% of the living space of the dwelling, and the usable living space remaining for dwelling purposes exclusive of the beauty salon shall meet the minimum requirements of the zoning district.
The application for a beauty salon or parlor shall include a site plan showing the location of all facilities, ingress and egress, parking areas, and any other information required by the Town. The site plan must receive a recommendation from the Planning Board and be reviewed by the Town Board for its approval or disapproval.