This chapter shall be known and may be cited
as the "Village of Orchard Park Zoning Law."
Pursuant to § 7-700 of the Village
Law, the intent of this chapter is to establish comprehensive controls
for the development of land in the Village of Orchard Park based on
the general plan for the Village and enacted in order to promote and
protect health, safety, comfort, convenience and the general welfare
of the people.
Such regulations are made in accordance with
the Comprehensive Plan and designed to lessen congestion in the streets,
to secure safety from fire, panic, floods, and other dangers; to promote
the health and general welfare; to provide adequate light and air;
to prevent overcrowding of land; to facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements. Such
regulations are made with reasonable consideration, among other things
as to the characteristics of the district and its peculiarities for
particular uses and with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout the Village.
Interpretations. Unless the context otherwise
requires, the following definitions shall be used in the interpretation
and construction of this chapter. Words used in the present tense
include the future; the singular number shall include the plural,
and the plural the singular; the word "structure" shall include the
word "building"; the word "used" shall include "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased," or "intended
to be used"; and the word "shall" is mandatory and not optional.
Specific terms. As used in this chapter, the
following terms shall have the meanings indicated:
A subordinate building or structure located on the same lot
with the main building, occupied by or devoted to an accessory use.
Where an accessory building is attached to the main building in a
substantial manner, as by a wall or roof, such accessory building
shall be considered part of the main building for purposes of yard
determination. Additionally, in R-1 and R-2 Zones, accessory buildings
or structures shall be any such building or structure containing no
more than 600 square feet, and any building or structure exceeding
that size in such a residential zone shall be presumed to be a principal
building or structure.
[Amended 5-13-1991 by L.L. No. 3-1991]
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such accessory use dominate, in area, extent or purpose, the
principal lawful use or building, except that vehicle parking areas
may be larger than the building area.
A public thoroughfare which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities, or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location to another.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.[1]
Any area of land, including structures thereon, used principally
for the retail sale of gasoline or other fuel for the propulsion of
vehicles. Permitted accessory uses are motor vehicle lubricating,
washing, detailing, and minor repairs, convenience stores and the
sale of motor vehicle parts, accessories, oil and lubricants. The
operation of an automobile service station as herein defined expressly
excludes the following: collision or body work on motor vehicles of
any kind and/or outside storage of motor vehicles or other property
of any kind.[2]
[Amended 4-22-1996 by L.L. No. 6-1996]
A dwelling in which overnight accommodations are provided
or offered for compensation. The accommodations shall be contained
within the confines of the principal building.
[Added 4-22-1996 by L.L. No. 8-1996]
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with or without meals.
A lodging house, rooming house or furnished room house shall be deemed
a boarding house.[3]
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals, or property. See definition of "structure."
The vertical outer surface of the building, abutting or fronting
on any private or public street, highway, alley or other area used
by the general public as a travelway, including shopping center sidewalks.
The term "mansard" shall be considered part of the face of a building.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The face of the building fronting on the public street designated
as its official address. In the case of a building located in a shopping
center or plaza, the front of the building shall be the face containing
the principal entrance.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A line parallel to the street line, between which line and
the street line no building may be built or located.
A structure in which is conducted the principal use of the
site on which it is situated. In R-1 and R-2 Zones, only one principal
building on a lot of record is permitted. In R-3, R-4, B-1, B-2 and
I-1 Zones, more than one principal building on a lot of record is
permitted as a special use. (See also "accessory building," supra.)
[Amended 5-13-1991 by L.L. No. 3-1991; 7-13-1998 by L.L. No.
3-1998; 9-14-1998 by L.L. No. 6-1998]
An on-premises sign which identifies a charitable, educational
or religious institution or organization and which contains the name
of the institution or organization, the names of associated individuals
and general announcements of events or activities occurring at the
institution or organization or similar messages.[4]
Includes the purchase or sale or other transactions involving
the handling or disposition of any article, substance or commodity,
including animals; it also includes offices, rentable spaces and recreational
and amusement enterprises conducted for profit.
[Amended 4-14-1980 by L.L. No. 4-1980]
Two or more stores or businesses hereafter erected and attached
to or immediately adjacent to each other and located in a structure
or on premises operated as a single unit with or without off-street
parking.[5]
Public utilities and other essential community services,
equipment structures and accessories reasonably necessary for the
furnishing of gas, electricity, steam, water, communications, supply
and disposal systems, and other similar community related systems
or improvements for the promotion of public health, safety or general
welfare.
For residential zoning and industrial zoning districts the
lot coverage represents the percentage of the plot or lot covered
by buildings (principal and accessory structures). For commercial
zoning districts and special uses in residential zoning districts
the lot coverage represents the percentage of the plot or lot area
covered by impervious surfaces, including but not limited to buildings,
driveways, accessory structures, parking areas, etc. It is the intent
that those areas not covered by impervious surfaces remain in their
natural state or are to be landscaped. For all districts, these calculations
exclude any area in the public right-of-way.
[Amended 3-8-1999 by L.L. No. 2-1999]
The officially established grade of the curb at the midpoint
of the lot.[6]
An establishment which includes provision for a customer
to conduct business at a financial institution while remaining within
a motor vehicle. Also commonly referred to as a "drive-through" or
"drive-thru," such uses include windows or similar features that allow
customers to conduct banking services or operate automatic teller
machines while remaining within a motor vehicle.
[Added 2-14-2022 by L.L. No. 1-2022]
A building used as the living quarters for one or more families,
but not including a boarding house, hotel, lodging house, motel or
rooming house.
A dwelling used or designed for use as a multiple dwelling
as defined in the New York State Multiple Residence Law.
A dwelling or portion thereof designed for housekeeping by
a family or single person and providing separate cooking facilities.
One or more persons occupying a dwelling unit and living
as a single, nonprofit housekeeping unit, provided that unless all
such persons are related by blood or marriage or adoption no such
family shall contain over five persons unless such persons are the
functional and factual equivalent of a natural family.
Liquids having a flash point below 200° F., closed cup
tester. Class 1 flammable liquids (e.g., gasoline) have a flash point
below 25° F., Class 2 flammable liquids (e.g., alcohol) have a
flash point of 25° F to plus 69° F .
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
Any building available to the public operated for gain which
is used for the storage, repair, painting, servicing or equipping
of motor vehicles, and the sale of parts and accessories.
The completed surface of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
See "street grade."[7]
An occupation or a profession customarily carried on in a
dwelling unit, which:
Actually is carried on wholly within the principal
building; and
Is carried on by only members of the family
residing in the dwelling unit; and
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes, with no exterior display,
no exterior storage of materials and no exterior indication of the
home occupation or variation from the residential character of the
principal building; and
Produces no offensive noise, vibrations, smoke,
dust, odors, heat, glare or traffic hazard or congestion.
Unless otherwise specified the term "hospital" shall be deemed
to include sanatoriums, rest homes, nursing home, convalescent homes
or any other institutions providing health services primarily for
in-patients or of the sick or injured and including related facilities
such as laboratories, out-patient department, training facilities,
central service facilities and staff offices which are an integral
part of the facility.
A building other than a boarding house or tourist home, containing
rooms which are rented or hired out for sleeping purposes by guests
and where only a general kitchen and dining room are provided within
the building.
See "trailer."
Includes storage, repair, manufacture and preparation or
treatment of any article, substance or commodity, including animals,
for profit. Excludes normal farming operations.
A place where junk, waste, discarded or salvaged materials
are bought, sold, exchanged, sorted, baled, packed, disassembled,
handled or abandoned, including auto wrecking or dismantling yards,
house wrecking yards, used lumber yards, and places or yards for use
of salvaged house wrecking and structural steel materials and equipment.[8]
A piece or parcel of land occupied or intended to be occupied
by a principal building or group of such buildings and accessory buildings,
or utilized for a principal use and uses accessory or incidental to
the operation thereof, together with such open spaces as required
by this chapter and having frontage on a public street.
The net area contained within lot lines.
A lot at the junction of and abutting on two or more intersecting
or intercepting streets.
The mean distance from the street line of the lot to the
opposite rear line measured in the general direction of the side lines
of the lot.
A lot other than a corner lot.
The property lines bounding the lot. The front lot line shall
be the right-of-way line of the street or road giving access to the
lot. In the case of a corner lot, the owner may designate either street
lot line as the front lot line. The rear lot line shall be the lot
line most distant from the front lot line.
Any district lot where the owner or owners of said lot does
not own any adjoining property, the subdivision of which would create
one or more conforming lots, which does not conform with the minimum
width, depth and area dimensions specified for the district in which
said lot is located.
An interior lot having frontage on two parallel or approximately
parallel streets.
The least horizontal distance between the side lot lines,
measured at the minimum building setback lines.
The greatest number of employees present at any given time.[9]
[Added 8-9-1999 by L.L. No. 9-1999]
A building or group of buildings, whether detached or in
connected units, used primarily as sleeping or living quarters for
transient automobile travelers and providing individual entrances
and accessory off-street parking, but with no cooking facilities except
in a restaurant or caretaker's unit. The term includes auto courts,
cabin courts, motor lodges, tourist courts and similar appellations.
Any self-propelling vehicle which is equipped to travel over
the streets and highways.
A building, structure or lot of record which was lawfully
existing at the time of the enactment of this chapter or any subsequent
amendment which does not conform to the regulations of the district
in which it is situated.
A use of any premises which was lawfully existing at the
time of enactment of this chapter or any subsequent amendment which
does not conform to the regulations of the district in which it is
situated.
An off-street space available for the parking of one motor
vehicle and no less than nine feet by 18 feet, exclusive of passageways
and driveways appurtenant thereto and giving access thereto.
[Amended 8-9-1999 by L.L. No. 9-1999[10]]
A map, plan or layout of a city, village, or town subdivision
indicating the location and boundaries of individual properties.
A lot 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 preparatory to the construction
of a building for which a building permit has been granted.[11]
A private hospital, whether or not such facility is operated
for profit.
The least horizontal distance from any building to the nearest
street or highway right-of-way line.
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure, or
produced by posting or placing any printed, lettered, pictured, figured
or colored material on any structure or surface, but not including
signs placed or erected by the Village or the state for the purpose
of showing street names or traffic directions or regulations or for
other public purposes.
For a sign, either freestanding or attached,
the area shall be considered to include all lettering, wording, and
accompanying designs and symbols, together with the background, whether
open or enclosed, on which they are displayed but not including any
supporting framework and bracing which are incidental to the display
itself.
Where the sign consists of individual letters
or symbols attached to the surface of a building, the area shall be
considered to be that of the smallest rectangle or other convex shape
which encompasses all of the letters and symbols.
A sign supported by post or posts permanently placed in the
ground and not exceeding 12 feet in overall height.
A sign not attached to any building or structure, supported
by one or two pedestals permanently placed in the ground, with a clear
unobstructed area of at least eight feet in height from the ground,
to the bottom of the sign except for the pedestal or pedestals of
which shall not exceed eight inches in horizontal dimensions in any
direction. The overall height shall not exceed 16 feet.
Any sign advertising the candidacy for public office of any
individual or the platform of any political party.
Any sign which projects more than 12 inches from the face
of the building to which it is attached.
A folding sign consisting of two surfaces, which when open
forms a self-supporting triangular shape. The maximum height of a
sandwich sign is four feet. The maximum sign area on each side of
a sandwich sign is two feet wide and three feet high.[12]
Any sign to be used or emplaced for a period of 30 days or
less.
Any sign erected or maintained in the window of a building,
visible from any public or private street or highway.
A special use is a use which because of its unique characteristics
requires individual consideration in each case by the Village Board
before it may be permitted in the district enumerated in this chapter.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No.
6-1998]
Minimum stacking requirements. In addition to minimum parking
requirements established, the following stacking area shall be required.
The minimum size of each space shall be 20 feet in length and nine
feet in width.
[Added 2-14-2022 by L.L. No. 1-2022]
|
Use
|
Stacking Areas
|
|---|---|
|
Drive-through
|
8 spaces per booth, customer facility or service area
|
That portion of building between the surface of any floor
and the surface of the floor next above it, or if there be no floor
above it, then the space between any floor and the ceiling next above
it.[13]
A public or private thoroughfare which affords the principal
means of access to abutting property and which has been dedicated
to and accepted by or otherwise acquired by the Village of Orchard
Park, County of Erie or State of New York.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street at the midpoint of the frontage of the lot thereon.
The boundary lines of the street right-of-way; also the dividing
line between the street and the lot.[14]
A street that is adjacent to the side lot line of a corner
lot.[15]
Anything constructed or erected, which requires permanent
location on the ground or attachment to something having such location
on the ground, including stationary and portable carports.
A parcel of land divided into two or more lots which front
on one or more streets.[16]
A building or part of a building devoted to the indoor showing
of moving pictures on a paid-admission basis.
An area devoted to the outdoor showing of moving pictures
on a paid-admission basis.
See "bed-and-breakfast facility."
[Amended 4-22-1996 by L.L. No. 8-1996]
A building or structure designed for or occupied by no more
than one family or household and attached to other similar buildings
or structures by not more than two party walls extending from the
foundation to the roof and providing two direct means of access from
the outside. Each townhouse shall be provided with cooking, sleeping
and sanitary facilities. For the purpose of this chapter, a townhouse
may include a building or structure in fee simple, condominium, cooperative
or leasehold ownership or any combination thereof.
HOUSE TRAILER or MOBILE HOME Any portable structure or vehicle used for living, commercial or business purposes, whether on wheels or other supports.
UTILITY TRAILER A trailer capable of being drawn by a motor vehicle utilizing a Society of Automotive Engineers Class I, II, III or IV trailer hitch.[17]
BOAT TRAILER A trailer designed solely for the hauling of boats capable of being drawn by a standard automobile or station wagon.
TRAVEL OR CAMPING TRAILER A vehicular portable structure designed as a temporary dwelling for travel, recreation and vacation uses.[18]
TRUCK CAMPER Any body or structure designed for the specific purpose of converting any motor vehicle into a travel or camping vehicle and capable of being left freestanding, or any motor home of any size, "motor home" being a recreational vehicle built on a truck frame in one integral and nonseparable unit.[19]
[Amended 7-8-1996 by L.L. No. 9-1996]
The specific purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A street, alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
An unoccupied space open to the sky on the same lot with
a structure.
A yard extending the full width of the lot and situated between
the street line and the front line of the principal building projected
to the side lines of the lot. The depth of the front yard shall be
measured between the front line of the building and the street line.
Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
A yard extending the full width of the lot and situated between
the rear line of the rear most main building and the rear line of
the lot.
A yard situated between the building and the side line of
the lot and extending from the front yard to the rear yard. Any lot
line not a rear line or a front line shall be deemed a side line.
The Board of Appeals of the Village of Orchard Park.
[1]
Editor's Note: The former definition of "auto wash," which immediately followed this definition, was repealed 4-22-1996 by L.L. No. 6-1996. The former definitions of "area, net site," as amended, and "automobile dealer," which immediately followed this definition, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: The former definition of "dog kennel," which
immediately followed this definition, was repealed 3-22-2010 by L.L.
No. 2-2010.
[13]
Editor's Note: The former definition of "story, half," which
immediately followed this definition, was repealed 3-22-2010 by L.L.
No. 2-2010.
