A subordinate structure to the principal building or use on a lot that may include, but not be limited to, private garages, greenhouses, storage buildings and the like.

A reservation of capacity made by the Town upon issuing a statement of available capacity.

An application for an AEF determination of educational facilities as required by and described in this chapter.

The Town's determination of whether an educational facility impacted by a development proposal has available capacity, based on adopted level of service standards, which determination may be based on an approved mitigation plan.

The area within which the adequacy of educational facilities capacity will be determined pursuant to the terms of this chapter. The AEF Overlay District is as shown on the Adequate Educational Facilities Overlay District Map, as adopted and on file with the Department of Community Development, which is hereby adopted and incorporated by this reference.

A schedule developed and maintained by the Town, in coordination with the school district, which tracks the capacity of educational facilities for each school within the AEF Overlay District.

One-hundred-ten-percent of the maximum capacity of a school.

Any establishment which sells, rents, leases, displays, distributes, purchases or trades in materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. This definition shall not include materials related to the medical profession. This definition shall include an adult bookstore, adult entertainment cabaret, adult mini-motion-picture theater, and adult motion-picture theater. Adult Establishments are expressly permitted (including by special use exception permit) in certain zoning districts. Unless expressly permitted, adult establishments are prohibited.

See "adult establishment."

An educational facility proposed to be constructed, dedicated, or funded by an applicant, pursuant to an approved mitigation plan, which offsets the proportionate impacts of a development proposal.

The raising or production for compensation, of crops, livestock, poultry, dairy products, fish or other wildlife, trees and other similar pursuits. Tree growing and harvesting, animal husbandry, horticulture operations, forestry operations and the sale, at wholesale or retail, of farm products upon the premises where the same are grown or produced shall be considered agriculture operations.

Includes, but shall not be limited to, barns, silos, sheds, coops, shops, commodity buildings, machine or equipment storage buildings, greenhouses, stables, riding rings or arenas, exercise tracks, runs, dry lots, stalls, paddocks, pens, corrals or fences, windmills, water supply ponds, farm stands, manure storage facilities, wineries or vineyards, maple sugaring facilities or other storage buildings, outbuildings or enclosures.

To change or rearrange any exterior structural part of the existing facilities of a building or structure by enlarging the building or structure, whether by extending any side or increasing the height thereof, or to move the same from one location or position to another. It shall not be considered an alteration if there is no expansion of exterior dimensions. For instance, replacement of windows, doors, siding, roofing, etc., as well as interior alterations shall not be considered an alteration for the purposes of this chapter.

Anatomical areas shall include:

A building arranged, intended or designed to be occupied by three or more families independently of each other. Includes multiple-family dwelling(s).

The total floor area less permanent concourses, stair halls, lobbies, elevator shafts, areas permanently devoted to warehousing, and rooms housing equipment servicing the entire building.

Usable living space, exclusive of porches, entries, garages and terraces, determined by the sum of the gross horizontal areas of the floors of a building measured from the exterior faces of the exterior walls.

See "nursing home."

Any building, premises or land in or upon which the occupant offers motor vehicles for sale or lease, including recreational vehicles, motor homes, farm and construction vehicles, or any part thereof.

Any building, premises and land, or portion thereof, used or occupied for the sale or supply of gasoline or motor vehicle fuels, oils or lubricants or for the polishing, greasing, washing and routine servicing and maintaining of motor vehicles

The circumstance where an educational facility has sufficient capacity to accommodate the demand created by a development proposal, or each phase of a development proposal, based on adopted level-of-service standards.

An analysis and inventory document of existing environmental features to be preserved, including, but not limited to: wetlands, vistas, berms, knolls, streams, rock outcrops, marshlands, woodlands, escarpments, mature trees and shrubs.

A story partly below grade but having at least 1/2 of its height (measured from floor to ceiling) below the average adjoining grade.

A story partly below grade but having at least 1/2 of its height (measured from floor to ceiling) above the average adjoining grade with full door access to the exterior of the home.

A use that takes place within a building that consists of renting one or more dwelling rooms on a daily basis to tourists, vacationers and business people, where provision of meals is limited to the breakfast meal, available only to guests. The homeowner shall reside on site, and employment shall not exceed two full-time employees, not including the owner(s).

A person unrelated to the owner of the premises that may rent living space in an existing living unit but not create an additional living unit.

An owner-occupied living unit that rents living area of the unit to a boarder.

Any structure having a roof supported by columns or by walls which is used or occupied for the shelter of enclosure of animals, persons or property. Unless specified, the term includes both principal and accessory buildings.

The completed construction of all phases of a development as allowed by all local laws and regulations. The scale of buildout can be from a single lot to the entire Town.

The line along the front of a property where construction shall begin. A build-to line runs parallel to the front property line and is established to create an even building facade line on a street.

The total area, taken on a horizontal plane at grade level, occupied or to be occupied by the principal building and all necessary buildings, excluding chimneys, uncovered porches, patios, terraces, steps and open areas.

The arm of local government responsible for the enforcement of the New York State Fire Prevention and Building Code as well as all of the Town's local land use laws regarding building and construction of all principal and accessory structures.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest average point of the roof.

The line formed by the facades of buildings, which creates a frame defining the public realm. Respecting building lines means to place walls or landscaping in such a manner as to continue the frame where there is an absence of buildings.

The person appointed by the Town Board to enforce the regulations in the New York State Fire Prevention and Building Code as well as all the Town's local land use laws regarding building and construction of all principal and accessory structures.

A permit obtained from the Town of Clarence Building Department which sets the inspection schedule and construction techniques for a project.

The measurement of the size in inches of a tree's trunk diameter usually taken between one foot and 4.5 feet above the ground elevation; one-foot measurement to be used for new trees to be planted and 4.5 feet to be used for existing trees on a site or trees to be removed.

The demand that can be accommodated by an educational facility without exceeding the adopted level-of-service standard.

A capital planning and funding document of the school district, also known as a "long-range facilities plan."

The amount of traffic which can be accommodated on a street without reducing the service level of the street as defined by the New York State Department of Transportation or street design standards of the Town of Clarence Subdivision Law.[1] Carrying capacity is determined by the amount of traffic per lane per hour.

Land used or intended to be used for the burial or entombment of human remains. This definition does not include funeral homes, crematoriums, or embalming facilities.

A certificate allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this Zoning Chapter and all other applicable regulations.

A place where daytime care is provided to six or more children and not the legal wards or foster children of the attendant adult within an occupied residence. "Day-care facility" and "nursery school" shall be included in this definition.

All retail sales establishments, office uses (medical, financial), service industry uses (restaurants, hotels/motels/inns), wholesale businesses, and general businesses (automotive repair).

A building or parcel of land used specifically for a governmental purpose or nonprofit institution, including unincorporated community groups. Facilities may include churches, parks, governmental offices, golf courses, nature preserves, public or private schools, recreational trails, and cemeteries.

A preliminary sketch plan of a plot of land intended to obtain a permit according to this Zoning chapter. A concept plan may include drainage, setbacks, what utilities are available to the site, the proposed building construction type, and show existing buildings and drives within 500 feet of the site.

Any lot at an intersection of two separate public or private road rights-of-way. Such lots shall be considered to have two front yards from those public or private road rights-of-way to the closest point of the principal building.

A facility in which the remains of deceased human beings are processed by cremation. Crematoriums are prohibited in all zoning districts.

See "crematorium."

Any use conducted for gain entirely within the dwelling and carried on by the occupants thereof, which use is clearly incidental and subordinate to the residential use and which does not change the character thereof and in connection with which there is no display. When observed from beyond the lot on which it is located, the home occupation does not give visual, audible, sensory, or physical evidence that the property is used for any nonresidential purpose.

Attached housing does not provide for an open yard on all sides of the home (perimeter yard). Any group of attached housing containing more than two dwelling units on a single lot is multifamily. Attached housing with each house on its own deeded lot (zero lot line) is not multifamily. Detached housing must have a perimeter yard and be located on a single deeded lot (exception: see "Temporary conditional permits" of the General Provisions[2]). A "modular home" is included in this definition but "manufactured housing" is not.

A set of detailed plans used in the construction of a project that has been derived from an applicant's approved concept plan. Information may include all of the items needed by all review agencies in order to issue permits under this chapter for such development.

Either of the following:

The diameter of a tree species at approximately four feet above ground level.

The Town's Director of Community Development.

The person appointed by the Town Board to administer this Official Zoning Law as well as make recommendations on local land use policy. This position is the department head for the Planning and Zoning Office.

A structure used for the harboring of dogs for compensation.

An imaginary vertical line extending from the outermost portion of the tree canopy to the ground.

A commercial establishment designed to permit customers to remain in their automobiles while being accommodated.

A private roadway utilized for providing access from a public road to a permitted use.

A structure containing two dwelling units located on a single lot.

A building designed or used exclusively as the living facilities for one family.

Permanent school buildings or land provided by the school district which provide additional capacity to accommodate the demand for schools generated by new development.

The overlap of a structure into a dedicated setback area. Areas may include dedicated yard areas, an easement or a highway right-of-way.

Any establishment which provides active recreational opportunities such as miniature golf, batting cages, carnival games, waterslides, or passive recreation such as movie theaters.

To construct, build, reconstruct, rebuild, or excavate for a building or structure.

A customary home occupation that meets all requirements except as to utilizing an accessory structure on the premises for business purposes.

The vertical surface of a building which is set along a frontage line. The elevation of a facade is the vertical surface area. Facades are subject to visual definition by building height and setback lines.

One or more genetically or lawfully related persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group of unrelated persons occupying a boardinghouse, lodging house, club, fraternity or hotel.

Any parcel of land containing at least five acres which is used for economic gain in the raising of agriculture products, livestock, poultry, dairy products, and tree farms, including related accessory structures.

Refers to the silhouette formed by a roofline. Flat rooflines infer a roof with no pitch. The actual roof structure is required to have a slope for drainage purposes. This is separate from the roofline, which can be stepped; flat in appearance through architectural elements such as cornices, mansards and parapets; or pitched as with residential homes.

The distance between lot lines along a public or private highway right-of-way.

A facility used or held out as being used to care for and prepare for burial of the body of a deceased human being or maintained as the office from which business is transacted by a funeral director or undertaker. This definition does not include crematoriums.

An accessory structure that is primarily used to store automobiles and personal belongings.

Grade shall mean the elevation of the land or land level at a specific point.

The grading area includes any area of land around a newly constructed building that affects surface water patterns. This area will be determined on a permit-by-permit basis through the Building and Engineering Department at site plan review.

A greenbelt is a buffer area between new construction and other properties consisting of various forms of vegetation. This area is mainly used for aesthetic mitigation for existing or future adjoining uses.

Group residence for those requiring full-time assisted living as well as supervision.

Any substance meeting the definition of that term under § 27-1101 of the New York State Environmental Conservation Law or any regulations promulgated thereunder.

The style of living unit, that may include multistory, single-story, attached, detached, owner-occupied or rented, located on a private yard or common land of various sizes.

A principal building containing a group of living units designed to be used or which are used or rented for sleeping purposes by guests and where only a common kitchen and dining area is provided by the property managers.

All areas covered by buildings, pavement (not including ungrouted pavers for sidewalks), gravel, rooftops of stored merchandise (i.e., cars and manufactured housing displays, even if located on grass surfaces), and any material that prevents water from infiltrating the surface layer of the soil. Wooden slatted decks and pool surfaces are exempt for the purposes of lot coverage calculations.

New development within an existing sewer district on vacant or idle land or within a vacant building.

Refers to streets which provide through access to other streets. "Interconnected" means the existence of a grid or grid pattern that may include curvilinear street layouts.

Lots which are located on corners or at intersections which create lots with three sides or lots with more than four sides, with corner angles greater or less than 90°. The front yard of such lots shall be determined with respect to adjacent homes and the maintenance of street vistas.

Any lot, land or structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or other discarded material; for the collection, dismantling, storage of machinery or inoperative and/or unregistered motor vehicles; or for the sale of parts thereof.

The area of a lot that does not have buildings, structures or impervious surfaces covering the surface of land.

Tree height categories. "Large maturing" trees grow to a minimum height of 40 feet. "Medium maturing" trees grow to a minimum of 20 feet. "Small maturing" trees grow to a minimum of 10 feet.

An indicator of the extent or degree of service provided by an Educational Facility, based upon, and related to the operational characteristics of the facility, in comparison with the capacity of the Educational Facility.

Light assembly includes all operations involving the creation of whole products from parts and all industrial processes of less intensity than such operations. No light assembly industrial use shall emit noise or odor which alters or impacts adjacent property or discharge gas or liquid waste into the environment which impacts adjacent property. Light assembly uses shall be conducted indoors and any accompanying storage shall be indoors or screened from all abutting property lines and nonindustrial uses.

See "dwelling unit."

An area of land off the public right-of-way where it is appropriate for unloading and/or loading goods for an approved use.

A parcel of land whose boundaries have been established by some legal instrument, such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title.

The area of an existing lot that is utilized or covered with buildings and structures.

Any vacant lot which individually or as a part of a subdivision has been recorded in the County Clerk's Office and for which proof can be given that the lot was intended for development prior to adoption of this chapter.

A workshop that is mechanized to size and assemble pieces of machinery.

A recorded right-of-way made of crushed gravel, pavement, or graded and cleared of brush, so as to permit access by all vehicles.

A residential dwelling unit that is constructed in accordance with the standards set forth in the New York State Fire Prevention and Building Code and is composed of one or more components, each of which was assembled in a manufacturing plant and designed to be transported to the home site on its own chassis. The unit is also situated on land that is leased by a licensed manufactured home park owner.

Any facility that assembles, fabricates, processes or packages products, from raw materials or component parts, for sale and distribution to wholesale and retail establishments or other industries. Does not include operations involving hazardous materials.

The capacity of a school, based on a twenty-two-student-per-classroom standard, the number of permanent classrooms in a facility, and normal classroom operations. Maximum capacity does not include temporary or portable classrooms.

All HVAC (heating, ventilation, and air conditioning), pool filters and other outdoor plumbing equipment located on the roof of a building or outside a home or building.

Offices used for medical treatments or the practice of medicine.

A voluntary plan proposed by an applicant in order to offset a development proposal's proportionate impacts on educational facilities, through the provision of advanced facilities. A mitigation plan may be proffered either in conjunction with an AEF assessment or to address an AEF determination.

The presence of residential and nonresidential uses within the same complex or same building. "Mixed use" can also refer to different categories of nonresidential uses such as institutional, retail, and office within the same complex of building. The advantage of mixed uses is the promotion of architectural compatibility and pedestrian-scaled environments.

A transportable single-family dwelling which may be towed on its own running gear and which is affixed to real estate, used for nontransient residential purposes and which is recognized and approved as a mobile home by the New York State Fire Prevention and Building Code.

A dwelling unit which is constructed in compliance with the New York State Fire Prevention and Building Code and composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation.

See "funeral home."

A hotel designed to accommodate motorists.

Three or more attached single-family dwelling units located on a lot of record.

Any use lawfully being made of any land, building or structure which on the effective date of these regulations or on the effective date of any amendment thereto rendering such use illegal within a district does not comply with all the regulations of this chapter or any amendments thereto.

A licensed facility that provides support services to three or more elderly or disabled adults who need assistance in meeting their daily basic needs.

Parking which occurs on a lot and not on a street or other public right-of-way.

Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding lands or would maintain or enhance the conservation of natural resources.

Any subdivision of land within the Town of Clarence.

An area of land devoted to active or passive recreational pursuits.

Any grounds or structures used primarily for the storage of automobiles.

A detached single-family home that is single story, measuring under 2,400 square feet in area, that has two bedrooms or less and is located on a lot that is either commonly owned or measures less than what is required in the Residential Single-Family Zoning District.

Any use of land or buildings that is allowed as a vested right in a zoning district without any additional review or approvals by the Town Board.

A preexisting zoning classification allowing flexible land use and design regulations as approved by the Clarence Town Board. This zoning classification was originally created by the Town Board on July 10, 1974. This district has been repealed by the adoption of this chapter.

The office of local government that is charged with developing the long range goals of the community, recommending proper land use policy, and administering all local land use regulations.

The Planning Board of the Town of Clarence.

An area of land devoted to active recreational pursuits that may contain articles of play equipment.

A building where the main or principal use of the lot is conducted.

A privately owned road right-of-way that may limit access to the owner(s).

Offices which offer professional or consulting services, such as legal, engineering, architectural, accounting or other similar services, but not including medical.

A meeting advertised in the local printed media concerning items, including but limited to adopted laws, ordinances or special and temporary permits, which require public input.

Police stations, fire halls and emergency vehicle stations, including any substations of such organizations.

See "community facility."

Any right-of-way used for vehicular and pedestrian traffic that is permanently maintained by the Town, county or state and is open to all traffic.

Any structure needed by a public utility for the maintenance and facilitation of that public utility. Facilities may include, but not be limited to, the following: any substation, power pole and utility box. This definition does not include telecommunications towers and satellite antennas, which are regulated under a separate law (see Chapter 173 of the Code of the Town of Clarence).

A rectangular area, such as a courtyard, enclosed by buildings.

A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale as an industrial operation, and exclusive of the process of grading a lot in preparation for the construction of a building for which application for a building permit has been made.

A publicly or privately owned and operated facility involved with recreational activities, for municipal, commercial or accessory residential purposes, including but not limited to swimming pools, tennis courts, basketball courts, athletic fields, playgrounds, half-pikes, golf courses or other similar facility or use. Swimming pools require separate permits issued by the Building and Engineering Department to follow New York state regulations.

Shall include motor homes, truck campers, utility and landscape trailers, boats, watercraft, snowmobiles, snow machines, any trailer capable of transporting these vehicles, and camping trailers less than 48 feet in length and/or having less than 720 square feet of interior floor area.

Any principal use that involves scientific research of product development in any field except those that involve hazardous substances, which are handled under Chapter 123 of the Code of the Town of Clarence.

A commercial establishment that prepares and serves food and/or alcoholic beverages to the public.

Engineered facilities for delaying or storing stormwater runoff from a site. Retention delays the flow off a site to prevent flooding. Detention stores water on a site to allow time for pollutants to precipitate out of the runoff. This cleans the water before it is allowed to flow to nearby drinking sources.

Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

An area of land dedicated to infrastructure, including but not limited to streets, sewer lines, waterlines, electric lines and gas lines.

See "boardinghouse."

The school district that serves students within the AEF Overlay District, or the school district's designated representative.

An additional living unit added to a single-family home that is for a family member of the owner-occupant.

The mandatory distance between a frontage line and a facade or a lot line and a building wall.

A business or retail use. The facade of a shopfront is aligned directly on the frontage line with the entrance at grade. This is typical for sidewalk retail. Shopfronts often have awnings or a colonnade. A transition line should separate the signage from the facade below.

Any impact that would deteriorate the public health, safety and general welfare of the community. General welfare may include community character and other quality of life issues that are deemed important to that community, including but not limited to, all those issues reviewed under New York State's Environmental Quality Review Act (SEQRA).

A diagram drawn to scale showing the development plans for a lot.

A map developed by a land surveyor licensed in the State of New York accurately depicting the distances and measurements of all existing and proposed structures on a lot, including all legal boundary lines with distances and bearings.

Neighborhood scale businesses that maintain a reduced amount of square footage and produce a minimal amount of vehicular traffic. These are often clustered with similar small-scale retail establishments in association with mixed use developments and typically do not exceed 2,500 square feet and do not require more than 15 parking spaces.

An authorization of a particular land use that is permitted in a specific zoning district subject to the requirements imposed by this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect a neighborhood if such requirements are met.

A building or part of a building used to house horses or cattle.

An AEF determination that educational facilities impacted by a development proposal have available capacity, based on adopted level of service standards, which determination may be based on an approved mitigation plan.

An AEF determination that educational facilities impacted by a development proposal do not have available capacity to serve a development proposal, based on adopted level of service standards.

The portion of a building included between the surface of any floor and the ceiling above it.

Rain that falls onto impervious surfaces and is not absorbed into the ground immediately. Stormwater runoff carries pollutants off of paved surfaces into streams and rivers and causes flooding by speeding up the rate of water flow into streams and rivers.

The direction of the architectural front facade of a building in relation to the street.

A view framed by buildings at the termination of the axis of a thoroughfare.

The area of land along the front property line parallel to a right-of-way reserved for tree planting and landscaping.

The division of any parcel into two or more parcels.

Having the ability to accommodate and maintain population growth and economic expansion through intelligent design.

Buildings placed on a lot for a specific purpose, which are to be removed within a specified time period. Examples of temporary structures are monitoring stations, mobile classroom or office space, construction trailers and guard houses, manufactured housing placed on a lot for temporary housing while principal home renovations are done, and produce stands. This chapter establishes the duration permitted for a temporary structure.

A permit issued by the Town Board allowing a use which is not permitted within a zoning district to continue as long as certain criteria are being met by the applicant.

A building or part thereof devoted to showing movies or theatrical productions on a paid admission basis.

See "bed-and-breakfast inn."

A dwelling unit that is owner-occupied and shares a common wall with at least one other owner-occupied unit in a multiple-family structure. The unit is situated on land that is commonly owned and maintained by a homeowners' association.

Recreational paths for walking, jogging or bicycling within parkways or greenbelts. Trails are informal in design and may run through natural settings.

The area of a property running along the side or rear yard of a nonresidential lot when it abuts a residential lot used as a buffer. Transitional yards are planted with trees and landscaping to reduce noise and other impacts on less intense property uses.

An area of land designated by a local official or board that insures the protection of existing mature trees during site construction. Such areas may be enclosed by temporary fencing for delineation purposes and must include all driplines.

Land that is not protected by state or federal environmental law, not covered with water, or subject to flooding. Also, land not encumbered by any utility, conservation or access easement, including public and private highway rights-of-way.

A modification of the dimensional requirements of a lot involving a permitted use in the district in which it is located.

An exception granted to utilize land for a use not permitted in the district in which it is located.

The right to undertake and complete a development and use the property under the terms and conditions of an approved site survey plan.

A teaching or learning business where classes are held, which may be affiliated with a university or college.

An area of land that drains into a stream or river used for drinking water. The watershed delineates the boundaries of the watershed district, which sets development standards for impervious surface areas and water quality.

All lands and submerged lands, commonly called "marshes," "swamps," "sloughs," "bogs," and "flats," which support aquatic vegetation. These areas are transitional zones that occur between terrestrial upland systems and deepwater aquatic systems, and are part of a continuous gradient between both. Wetlands provides flood control, surface and groundwater protection, wildlife habitat, open space, and water resources. Regulated wetlands are identified by the United States Army Corps of Engineers or the New York State Department of Environmental Conservation.

Abutting areas that surround and protect a wetlands from adverse impacts to its function and values.

Land that is covered with woody vegetation.

An area of land immediately adjacent to a building. Yards are broken into front, rear and side. Front yards extend from the architectural front of a building to the fronting street or right-of-way. Side yards extend from the sides of a building to a street right-of-way or property line. Rear yards extend from the back of a building to a property line or right-of-way.

No distance from a structure to a property line creating no yard area.

The Zoning Board of Appeals of the Town of Clarence. As defined by Town Law § 267, the jurisdiction of the Board shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the administrative official(s) charged with the enforcement of this chapter.

For purposes of this chapter, the Zoning Enforcement Officer may be the Director of Community Development, Assistant Director of Community Development, Zoning Code Enforcement Officer or any Building Inspector.

The Official Map that illustrates the zoning district boundaries described in this chapter. The Official Map shall be maintained current by the Town's Planning and Zoning Department and remain derived from the adopted Comprehensive Plan of the Town.

Written permission issued by the Town of Clarence for the use of property, construction, or enlargement of a structure or the grading or excavation of a site in preparation of construction or for the installation of underground utilities.