A.
Lot regulations.
(1)
Existing lots of record. A single-family structure
may be constructed on any lot in any R-District, if said lot is less
than the minimum area required for building lots in the R-District
in which it is located, providing the following conditions exist or
are met:
(a)
Availability of adjacent vacant land. No structure
shall be erected on any nonconforming lot if the owner of said lot
owns any adjoining vacant land which would create a conforming lot
if said vacant land were combined with the lot deficient in area.
(b)
Side yards. No structure shall be constructed
on a nonconforming lot unless it shall have a minimum side yard of
eight feet, or the minimum side yard required where adjacent to any
street.
(c)
Front and rear yards. No structure shall be
constructed on a nonconforming lot unless it shall have front and
rear yards conforming to the minimums required for the R-District
in which said lot is located.
(2)
Visibility at intersection. No fence, wall, hedge,
shrub, planting or tree foliage which obstructs sight lines at elevations
between two feet and six feet above the roadway or sidewalk shall
be placed or permitted to remain on any corner lot in the triangular
area formed by intersecting street property lines and a line connecting
them at points 20 feet distant from their intersection of such lines
extended.
[Amended 4-14-1980 by L.L. No. 4-1980]
(3)
Required area or space cannot be reduced. The area
or dimension of any lot, yard, parking area or other space shall not
be reduced to less than the minimum required by this chapter except
as provided in this chapter; and, if already less than the minimum
required by this chapter, said area or dimension may be continued
but shall not be further reduced.
B.
Height regulations.
(1)
General application. No building or structure shall
have a greater number of stories nor have an aggregate height of a
greater number of feet than is permitted in the district in which
such building or structure is located, as noted elsewhere in this
chapter.
(2)
Permitted exceptions to height regulations. The height
limitations of Schedule II[1] shall not apply to antennae, chimneys, church spires and
belfries, silos, tanks, ventilators or necessary mechanical features
not occupying more than 1/10 of the roof area.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
C.
Yard regulations.
(1)
Open space. Every part of a required yard must be
open to the sky unobstructed, except for accessory buildings in a
rear or side yard; and except for the ordinary projection of balconies,
steps, sills, belt courses, cornices and for ornamental features projecting
not to exceed three feet; and except for the following structures:
[Amended 3-28-1983 by L.L. No. 1-1983]
(a)
Wall, hedge or fence not over three feet high
in any front yard or side yard, provided such wall, hedge or fence
does not obstruct or obscure visibility of or for pedestrians or vehicles
approaching or leaving the premises on which the said wall, hedge
or fence is erected. No such wall, hedge or fence or any part thereof
shall be located within any public right-of-way or within five feet
of any public sidewalk.
[Amended 9-11-1989 by L.L. No. 3-1989]
(b)
Wall or fence not over six feet high in any
other yard.
(c)
Retaining wall of any necessary height.
(2)
Access to street. No dwelling shall be erected on
any lot which does not have immediate exclusive access on an existing
or platted street or highway.
(3)
Front yard and yard abutting on a street. Where a
widening or extension of an existing street or highway right-of-way,
or the establishment of a new street or highway is indicated on the
Zoning Map or on an official map adopted by the Village Board, any
front yard or building setback required by this chapter shall be measured
from such widened, extended or new right-of-way. Unless otherwise
indicated on the Map, any widened right-of-way shall be assumed to
be centered on the former street or highway center line.
(4)
Side yards.
(a)
Side yard of corner lot. The side yard of any
corner lot of record at the time of the adoption of this chapter shall
have a width equal to not less than 1/2 the required minimum front
yard setback of any adjoining lot fronting on the side street. Any
corner lot delineated by subdivision after the adoption of this chapter
shall have a side yard equal in width to the minimum front yard setback
of any adjoining lot fronting on the side street.
(5)
Transition yard requirements.
(a)
Where a residence district abuts a nonresidence
district on a street line, there shall be provided in the nonresidence
district for a distance of 50 feet from the district boundary line,
a front yard at least equal in depth to that required in the residence
district.
(b)
Where the side or rear yard in a residence district
abuts a side or rear yard in a nonresidential district, there shall
be provided along such abutting line or lines, a side or rear yard
at least equal in depth to that required in the residence district.
In no case, however, shall the abutting side yard be less than 20
feet and the abutting rear yard be less than 20 feet.
A.
Limitations.
(2)
In any R-District the permitted accessory uses shall
not include the following:
(a)
Establishment of any new access driveway to
business or industrial premises, except for shopping or business centers
as may be approved by the Planning Board.
(c)
Any home occupation for which a business or trade license is required or which is noxious or offensive by reason of dust, fumes, gas, noise, odor, refuse matter, smoke, vibration, unreasonable use of lights or nighttime operation. (NOTE: See the definition of “home occupation” in § 225-5 and Subsection D of this section.)
(d)
Parking of a commercial vehicle which exceeds
a rated capacity of one ton and/or exceeds 22 feet in overall length
and/or exceeds a gross vehicle weight of 8,000 pounds except where
such vehicle is being used during the course of construction, alteration
or repair of the building or buildings on the premises where parked.
[Added 3-9-1981 by L.L. No. 2-1981]
(3)
The foregoing restriction with respect to licensing
shall not apply to the resident office of a licensed real estate or
insurance agency or broker or licensed professional person in any
district where expressly permitted.
B.
Erection of garage before dwelling. A private garage
may be erected prior to the erection of the dwelling to which it is
accessory, provided:
(1)
The garage is not occupied as a dwelling but is used
only for the protection of supplies and equipment.
(2)
Construction of the dwelling to which said garage
is accessory is started within six months from the date of the issuance
of the building permit and is completed within 18 months from the
date of the issuance of the building permit, inside and out to such
a point that said building would be eligible for the issuance of a
certificate of occupancy.
(3)
The Planning Board, in its discretion, may require
a satisfactory bond or a satisfactory cash deposit to guarantee the
completion of the dwelling construction.
C.
Swimming pools.
(1)
General provisions.
(a)
All private swimming pools in the Village of
Orchard Park over three-hundred-cubic-feet capacity moved, erected,
constructed or excavated, either above, below or partly above and
below grade level, shall require a building permit.
(b)
A pump house, filter house or structure erected
in connection with any such pool shall require a building permit and
shall comply with all applicable provisions of the Village of Orchard
Park Code.
(c)
Definitions.
[1]
"Wading pool" is any pool not having a water
depth exceeding 18 inches.
[2]
"Swimming pool" is any pool having a water depth
exceeding 18 inches.
[3]
A pool located on the property of a single-family
or a two-family dwelling and for the exclusive use of the occupants
thereof and their families and guests shall be classified as a "private
pool."
[4]
All other pools for the purpose of this chapter
shall be classified as "public pools."
(2)
Plumbing and electrical. All plumbing and drainage
connected therewith shall comply with the New York State Uniform Fire
Prevention and Building Code. For purposes of interpretation, the
water supply system is part of the main dwelling's water service and
the drainage system of private swimming pools shall be part of the
main dwelling's drainage system when available.
(3)
Fencing.
(a)
No swimming pool, as described in Subsection C(1), any part of which is below grade level, shall be installed unless:
[1]
There shall be erected and maintained a protective
fence having a minimum height of four feet and a maximum height of
six feet above grade level and so constructed as will not shut off
light or air to any building.
[2]
Such fence shall completely surround the area
of the swimming pool, but shall not be less than three feet from any
edge of the swimming pool or placed on the lot line, and any gate
shall be self-closing and locked while the premises are not under
the direct supervision of an adult.
[a]
All latching and locking devices
shall be at a minimum of four feet above the base of the fence.
[b]
The wall of a dwelling and/or its
accessory buildings may act as an integral part of the fence but any
openings or doors, etc., shall also be kept locked while premises
are not under the direct supervision of an adult.
(b)
No swimming pool, as described in Subsection C(1), all of which is above grade level, shall be installed or maintained unless either:
[1]
The ladder, stair or other access to the pool
is capable of being removed and is removed when the pool is not being
supervised by the owner thereof. The word "removed," as used in this
subsection, in addition to its usual and customary meaning, shall
mean raising and locking the ladder, stair or other access in a position
where the bottom thereof is at least as high as the top of the pool.
[2]
The ladder, stair or other access is completely
enclosed by a protective fence the minimum height of the pool except
that in no event shall the fence be higher than six feet. Any gate
in the fence shall be self-closing and locked when the pool is not
under the direct supervision of an adult.
(5)
Lights. Any artificial lighting used in connection
with swimming pools shall comply with the plot plan as approved by
the Code Enforcement Official. No lighting shall constitute a nuisance
to the neighbors.
(6)
Location.
(a)
Private swimming pools may be erected or installed
only as an accessory to a dwelling and for the private use of the
owner or occupant and their families and guests.
(b)
Any swimming pool on any property having more
than two-family dwelling units shall comply with the provisions of
this chapter in addition to any state, Village and county regulations
pertaining to public swimming pools.
(c)
No swimming pool shall be erected nearer than
eight feet from the rear or side property line of the premises or
occupy more than 10% of the total area of the premises.
(d)
No swimming pool shall be permitted in a required
front yard or side yard.
D.
Home occupations. [NOTE: See Subsection A(2)(c) and the definition of “home occupation” in § 225-5.] Permitted home occupations operated in any dwelling unit may be operated only if it complies with all of the following conditions:
(1)
Where permitted: within a single-dwelling unit.
(2)
Evidence of use: does not display or create outside
the building any evidence of the home occupation, except that one
nonanimated, nonilluminated flat or window sign having an area of
not more than 60 square inches shall be permitted on each street front
of the lot on which the building is situated.
(3)
Extent of use: does not utilize more than 30% of the
gross floor area of the dwelling unit, except: foster family care.
(4)
Permitted uses: includes not more than one of the
following uses, provided that such uses are clearly incidental and
secondary to the use of the dwelling unit for residential purposes:
(a)
Medical and dental offices.
(b)
Other professional offices, including lawyer,
engineer, architect, etc.
(c)
Custom dressmaking, seamstress, milliner.
(d)
Artist or musician.
(e)
Foster family care (for not more than four children
simultaneously).
(f)
Tutoring for not more than four students at
a time.
E.
Storage of mobile home, etc. Storage of a mobile home, house trailer,
utility trailer, boat, boat trailer, travel trailer, truck camper,
or camping trailer is prohibited within the front yard. The restrictions
herein set forth as to distance from lot lines shall not apply to
any trailer or other habitable vehicle stored in a fully enclosed
structure erected and located in accordance with the requirements
of this chapter, nor shall these restrictions apply to any such vehicle
parked within the area described herein for a reasonable time for
the purpose of loading and/or unloading the said vehicle.
[Amended 1-8-1996 by L.L.
No. 3-1996; 4-22-1996 by L.L. No. 7-1996; 2-11-2019 by L.L. No. 3-2019]
F.
Accessory structures in R-Districts.
(1)
Unattached accessory structures in R-Districts. Accessory
structures, which are not attached to a principal structure, may be
erected in accordance with the following requirements:
(a)
An accessory building shall not exceed one story
or 14 feet in height and may occupy not more than 25% of a required
rear yard.
[Amended 9-28-2020 by L.L. No. 11-2020]
(b)
No accessory structure shall be located within
the required front yard.
[Amended 4-14-1980 by L.L. No. 4-1980]
(c)
No accessory structure shall be erected nearer
than eight feet from the rear or side property line of the premises.
(d)
No accessory structure on the street side yard
of a corner lot shall be nearer than 15 feet from the street side
property line.
(e)
In R-1 and R-2 Zones, any structure of 600 square
feet or less in size shall be considered to be an accessory structure,
and any structure in excess of that size shall be presumed to be a
principal structure.
[Added 5-13-1991 by L.L. No. 3-1991]
(2)
Attached accessory structures in R-Districts. When
an accessory structure is attached to the principal building, it shall
comply in all respects with the yard requirement of this chapter applicable
to the principal building.
G.
Housing
of animals.
[Added 9-28-2020 by L.L. No. 11-2020]
(1)
A
parcel having less than five acres may not house livestock including
but not limited to poultry, horses and sheep.
(2)
A
parcel having more than five acres may house livestock no closer than
100 feet to any lot lines.
(3)
No
odor, smoke and/or dust-producing materials shall be located within
100 feet of any lot line.
(4)
The
owner or occupant must keep livestock in an appropriate manner and
control.
A.
Screening in transition yards. Minimum required screening
within required transition side and rear yard shall be six-foot stockade-type
fence or equal, erected along the side property line from the required
front yard to the rear property line and along the rear property line
with the finished side of fence facing the residential property. Such
fence shall be erected and maintained by the owner of the nonresidential
use or his or her agent. If such fence is not maintained by the owner
or his or her agent, the Village shall maintain such fence at the
owner's expense. In lieu of a fence, the Planning Board in its discretion
may require the owner to install and maintain plantings, such as dense
evergreens, as specified by the Planning Board, to be placed and maintained
by the owner or his or her agent. In the event such planting is not
maintained by the owner or his or her agent, the Planning Board may
require the erection of a fence or the replacement of the plantings.
The provisions hereof likewise apply to special uses in residential
zones.
[Amended 4-14-1980 by L.L. No. 4-1980; 12-12-1994 by L.L. No.
1-1994; 9-14-1998 by L.L. No. 6-1998[1]]
B.
Unenclosed uses. Any use which is not conducted within
a completely enclosed building, including but not limited to outdoor
storage, and lumber and building materials yards, shall be enclosed
by a substantial and solid fence or suitable natural hedge, with openings
only for access and egress, shall be at least six feet in height;
kept in good order and repair; shall have no storage outside of the
solid fence and shall be no nearer than 50 feet from any public highway
right-of-way line. This subsection shall not apply to nurseries and
display for sale purposes of new or used cars, trucks, trailers, bicycles,
motorcycles, or farm equipment.
C.
Cash deposit. The Planning Board, in its discretion,
may require a satisfactory bond or a satisfactory cash deposit to
guarantee the installation of screening or planting.
A.
Regulated. Topsoil, clay, gravel, rock, sand, shale
or other earth or natural mineral deposit shall not be excavated,
quarried or otherwise removed from any premises, except for the purposes
of construction thereon, or, unless to be used on contiguous property
with the consent of the owner thereof, within 20 feet of any lot line
of other premises and as provided in this section.
B.
Stripping of topsoil.
(1)
No stripping, removal or addition of topsoil shall
be made within 100 feet of any street line or within 10 feet of any
property line of land in different ownership, except that:
(a)
The owner of lands may strip topsoil on the
same or contiguous lands owned by him or her.
(b)
The Planning Board may grant permission for
stripping and removal of topsoil on condition that the land so stripped
of topsoil shall be leveled, grade and drained, that no less than
five inches of topsoil shall remain on such land and shall be seeded
with a satisfactory stand of grass.
(2)
The Planning Board may require the filing of an acceptable
bond or deposit to guarantee compliance with this section.
C.
Permit; application. No person shall excavate, quarry,
remove or stockpile and sell any of the above material without a permit
from the Village Board. The Village Board may grant a permit for the
stockpiling and sale of such material upon written application of
the owner, which application shall contain a detailed statement of
the proposed work together with the plans of such removal and of the
restoration of the premises.
D.
Approval of application. Approval of any such application
shall be conditioned on the following requirements:
(1)
Nearby property owners and occupants shall be protected
against unreasonable nuisances and hazards during the period of operations.
(2)
All such excavations over five feet in depth shall
be leveled on the bottom by refilling and shall be graded on all sides
with a slope not less than 1 1/2 feet horizontal for each one
foot of vertical depth or in lieu of sloping all sides of such excavations
as herein provided, a permanent fence or barricade effectively prohibiting
access to such excavation shall be erected and maintained on all sides
thereto.
(3)
The applicant shall agree to such further conditions
as the Village Board may impose for public safety and the general
welfare, including the filing of an acceptable bond or deposit to
guarantee compliance.
A.
Such uses shall be conducted entirely within an enclosed
structure.
B.
Off-street parking areas shall be screened from adjoining residential properties in accordance with § 225-13.
C.
Lights shall be directed away or shielded from adjoining
residential properties in such a way as not to disturb the occupants
thereof.
D.
No public address system shall be permitted except
where such system is inaudible at any property line.
A.
Essential service enclosed or permanent structures.
Such uses when in R-Districts shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential
street (unless no other site is available) and shall be so located
as to draw a minimum of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility
shall not adversely affect the character of the surrounding residential
area.
B.
Essential services, open. Such uses shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. (NOTE: See also § 225-19A.) Where applicable, the landscaping regulations of § 225-13 shall apply.
A.
Off-street parking.
[Amended 4-14-1980 by L.L. No. 4-1980; 4-26-1982 by L.L. No.
3-1982; 9-11-1989 by L.L. No. 3-1989; 5-13-1991 by L.L. No. 3-1991; 3-8-1999 by L.L. No. 2-1999; 3-22-2010 by L.L. No. 2-2010]
(1)
In all districts in connection with any use, there
shall be provided at the time any new building or structure is erected
or the use changed off-street parking spaces open to the public at
no charge for automobiles in accordance with the requirement set forth
herein.
(a)
Each off-street parking space shall be no less
than nine feet by 18 feet, exclusive of access drives or aisles, and
shall be of useable shape and condition.
(b)
Parking spaces may not be located in any front yard.
[Amended 2-11-2019 by L.L. No. 3-2019]
(c)
The number of off-street parking spaces required
shall be as set forth in the off-street parking schedule below.
(d)
Surfacing. Every automotive use area and access driveway thereto
shall be surfaced with a durable and dustless material and shall be
so graded and drained as to dispose of surface water accumulation.
[Added 9-28-2020 by L.L. No. 11-2020]
(2)
In the case of any building, structure or premises,
the use of which is not specifically mentioned herein, the provisions
for a use which is so mentioned and to which said use is similar,
in the opinion of the Planning Board or Village Board as empowered
by this Code, shall apply.
|
Off-Street Parking Schedule
| ||
|---|---|---|
|
Use
|
Required Parking Spaces
| |
|
Single- and two-family dwellings
|
2 for each dwelling unit
| |
|
Single- and two-family dwellings above a business
establishment
|
1 for each dwelling unit
| |
|
Multifamily dwellings and townhouses
|
1 1/2, plus 1/2 additional space for each
bedroom in excess of 2 in any unit therein
| |
|
Motels
|
1 for each unit, plus one for each employee
on maximum shift
| |
|
Hotels and bed-and-breakfasts
|
1 for each 2 sleeping rooms, plus one for each
employee on maximum shift
| |
|
Business offices
|
1 for each 600 square feet of floor area above
2,000 square feet, plus one for each employee on maximum shift
| |
|
Retail sales, personal and service establishments
|
1 for each 400 square feet or floor space, exclusive
of area designated specifically and only for storage, plus one for
each employee on maximum shift
| |
|
Restaurants, bars, and night clubs
|
1 for each 8 seats or 1 for every 200 square
feet of customer floor area, whichever is greater, plus one for each
employee on maximum shift
| |
|
Funeral homes
|
1 for each 50 square feet of parlor space, plus
one for each employee on maximum shift
| |
|
Churches, schools and colleges
|
1 for each 3.5 seats in an auditorium or 1 for
each 17 classroom seats, whichever is greater, plus one for each employee
on maximum shift
| |
|
Community buildings and social halls
|
1 for each 200 square feet of social hall floor
area, net usable
| |
|
Amusement centers
|
1 for each 100 square feet of floor space and,
in addition, bicycle racks sufficient to park 1 bicycle for each amusement
device within such premises, plus one for each employee on maximum
shift
| |
|
Bowling alleys
|
1 for each alley, plus one for each employee
on maximum shift
| |
|
Sports arenas, auditoriums, theaters, assembly
halls
|
1 for each 3.5 seats, plus one for each employee
on maximum shift
| |
|
Wholesale establishments or warehouses
|
1 for each employee on the maximum shift
| |
|
Manufacturing plants, research or testing laboratories
|
1 for each employee on the maximum shift
| |
B.
Off-street loading.
(1)
In any district, in connection with every building
or building group or part thereof thereafter erected and having a
gross area of 4,000 square feet or more, which is to be occupied by
manufacturing or commercial uses or other uses similarly requiring
the receipt or distribution by vehicles of material or merchandise,
there shall be provided and maintained, on the same lot with such
building, off-street loading berths or unloading berths as follows:
|
Size of Building
(square feet)
|
Number of Off-Street Loading/Unloading
Berths Required
| |
|---|---|---|
|
4,000 to 25,000
|
1 space
| |
|
For each additional 25,000
|
1 space
|
(2)
The loading berth required in each instance shall
be not less than 12 feet in width, 50 feet in length, and 14 feet
in height, and may occupy all or any part of any required yard.
C.
Automobile service stations.
(1)
General location. No more than two service stations
shall be permitted at any street intersection. Service stations shall
be no closer than 800 feet from each other.
(2)
Location of exits and entrances. No automobile service
station shall have an entrance or exit for vehicles within 300 feet,
as measured along the public street right-of-way, in which there exists
a school, public playground, church, chapel, convent, hospital, public
library or any residential district. Such access shall be not closer
to any intersection than 150 feet.
[Amended 3-8-1999 by L.L. No. 2-1999]
(3)
Location of oil drainage pits and hydraulic lifts.
All oil drainage pits and hydraulic lifts shall be located within
an enclosed structure and shall be located no closer than 50 feet
to any property line.
(4)
Gasoline pumps. Automobile service stations shall
have their gasoline pumps, including other service facilities, set
back at least 30 feet from any street right-of-way line.
(5)
Minimum width of the front lot line shall be 200 feet
and the combined frontage on a corner lot must be 300 feet.
[Amended 3-8-1999 by L.L. No. 1999]
A.
Permit required; fees.
(1)
Except as hereinafter provided, no person shall erect,
alter, construct, relocate or cause to be erected, altered, constructed
or relocated any sign without first having obtained a building permit
for a sign from the Code Enforcement Official.
B.
Application for permit. An application for a building permit for a sign shall be made to the Code Enforcement Official in accordance with § 92-4D of this Code, except that the Code Enforcement Official may waive any provisions of § 92-4D which are not applicable to a sign, and provided further that the following information be included:[2]
(1)
The name, address and telephone number of the applicant.
(2)
The written consent of the owner of the building,
structure or property upon which the sign is to be erected in the
event the applicant is not the owner thereof.
(3)
Two copies of rendering exhibiting:
(a)
The proposed lettering and pictorial matter
of the sign;
(b)
The dimensions of the sign and proposed lettering;
(c)
The construction details of the sign structure
and mounting devices;
(d)
A location plan of the position of the sign
on the building or property and such other information as the Code
Enforcement Official may require.
(4)
No sign permit shall be issued in the B-1, B-2 and
Industrial Districts except upon review and approval by the Planning
Board.
C.
General requirements.
(1)
Permit number. Each sign shall have the number of
the permit marked on its face in a permanent manner.
(2)
Permitted sign copy. A sign may contain any or all
of the following: the name and/or nature of the business, the primary
goods sold or the services rendered on the premises, address and/or
phone number. Signs not advertising a business conducted, service
rendered or the primary goods sold are prohibited.
(3)
Design standards.
[Amended 9-11-1989 by L.L. No. 3-1989]
(a)
Sign colors should be limited in number and
compatible with the building facade.
[Amended 8-9-1999 by L.L. No. 9-1999]
(b)
The sign should serve to define or enhance the
architectural elements of the building, not obscure or obliterate
them.
(c)
Signs should be consolidated and evidence restraint
and simplicity.
(d)
Sign graphics should reflect simplicity, neatness
and minimum wording.
(e)
Where previous renovations have added nonconforming
signs or other inappropriate elements, all such signs are to be removed
and serious consideration should be given to removal of other extraneous
elements prior to design of new signs.
(4)
Illuminated sign. Except where the premises which
the sign advertises is open for business, no sign shall be illuminated
after 12:00 midnight. Illuminated signs shall conform to the regulations
of the National Electric Code. The source of illumination shall be
suitably shielded to eliminate glare and annoyance to passersby or
adjacent property. Illuminated signs allowed in zones as part of a
special use in a residential zone shall not be illuminated after 9:00
p.m., unless otherwise determined by the Village Board.
[Amended 12-12-1994 by L.L. No. 1-1994; 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No. 6-1998]
(5)
Bulletin board. One church, school or other exterior
institutional bulletin board is permitted, not to exceed 20 square
feet in area. No permit shall be required.[3]
(6)
Total signage. The total signage areas for building
face signs, permanent window signs, freestanding signs and projecting
signs is not to exceed the permitted building face sign area.
[Amended 9-11-1989 by L.L. No. 3-1989; 3-22-2010 by L.L. No. 2-2010]
(7)
Design
and construction. All signs shall be designed and constructed in accordance
with the following criteria:
[Added 9-28-2020 by L.L. No. 11-2020]
(a)
All signs shall be constructed of permanent, weather-resistant, and
durable materials.
(b)
Where applicable, signs shall be supported by sign structures that
are designed to resist wind pressures, dead loads and lateral loads
in accordance with the appropriate provisions of the New York State
Building Code. All sign supports shall be reviewed as part of the
sign design and approval process.
(c)
All sign lettering shall be permanently affixed to the sign. Manual
changeable copy signs shall be enclosed and locked.
(d)
No permanent sign may be constructed of untreated or unpainted wood,
sandblasted metal, or unfinished material.
(8)
Obsolete
signs. Any sign that no longer advertises or identifies the current
or permitted use of the property must be removed within 30 days after
written notification from the Code Enforcement Officer.
[Added 9-28-2020 by L.L. No. 11-2020]
(9)
Removal
of signs.
[Added 9-28-2020 by L.L. No. 11-2020]
(a)
Where required by this article, the removal of signs shall be the
sole responsibility of the sign owner or property owner. If the sign
is not removed within 30 days of the date of written notice by the
Code Enforcement Officer, the Code Enforcement Officer is authorized
to effect its removal.
(b)
The Code Enforcement Officer may remove, without any further notice,
any temporary sign or sign not requiring a permit that is found to
be in violation of this article. The property and/or sign owner shall
subsequently be given written notice of such sign removal. If the
sign is not claimed within 10 days of the written notice, the Code
Enforcement Officer may dispose of said sign.
(c)
Any costs incurred for the removal of a sign shall be fully reimbursed
to the Village by the sign owner and/or property owner. Such costs
may be placed on the tax rolls for collection by the Village Clerk.
D.
Prohibited signs. The following signs are prohibited:
(1)
Revolving, moving, flashing, blinking signs or signs
that appear to be in motion.
(2)
Political and temporary election signs.
[Amended 9-28-2020 by L.L. No. 11-2020]
(a)
Political signs; provided, however, political signs may be erected
on a building designated as "party headquarters" for a recognized
party. Such political signs may be erected not more than 60 days prior
to the election and must be removed within two days after the election.
No sign permit shall be required for such signs.
(b)
Temporary election signs. For each parcel, one temporary election
sign with a surface area of four square feet or less may be displayed
for each candidate and each issue. Such political signs may be erected
not more than 30 days prior to the election and must be removed within
two days after the election to which it pertains. The temporary election
signs allowed under this section are in addition to a temporary free
expression sign and any other sign allowed under this chapter. Sign
shall not exceed four feet in height. A temporary election sign shall
be set back a minimum of five feet from any lot line. No permit is
required for a temporary election sign under this subsection. Placement
of signs prior to 30 days or failure to remove said signs within the
removal time period or will result in a fine of $25 per day to the
property owner.
(3)
Fluttering banners or strings of lights not part of
a sign; provided, however, nothing herein shall be construed to prohibit
the decoration of any premises for any national holiday or religious
or holiday season.
(4)
Signs attached to light standards or utility poles
or placed on public property or placed on public rights-of-way.
[Amended 10-23-2017 by L.L. No. 1-2017]
(5)
Illuminated tubing restriction. Illuminated tubing,
not used in the construction of a conforming electrical sign and which
outlines a building, fence or other similar structure or part thereof
measuring more than 20 linear feet or 20 square feet enclosing any
area, may not be erected so as to be visible from any public or private
drive, street, highway or shopping center.
(6)
Roof signs.
(7)
Trailer signs.
E.
Residential district signs. Signs in any R-1, R-2,
R-3 or R-4 District are permitted as follows:
(1)
Signs for identification of residents and permitted
uses of one- and two-family dwellings are permitted as follows:
(a)
One nonilluminated sign not exceeding two square
feet in area, indicating the name of the resident or identifying a
permitted use may be located on the principal building or a separate
post support not closer to any street than 1/2 the required set back
from such street and not closer than seven feet from public walkway
or side road right-of-way and not exceeding seven feet in height.
(2)
Signs for identification of multiple dwellings or
residents of multiple dwellings are permitted as follows:
(a)
Dwelling group identification. One sign not
exceeding 25 square feet in area may identify a multiple dwelling
or dwelling group complex. Such sign may be illuminated by a nonflashing,
shielded light directed away from adjacent streets, highways or properties.
If freestanding, such sign shall be placed parallel to the street.
No permit shall be required.
(b)
Resident identification. One nonilluminated
sign not exceeding two square feet in area may identify the residents
of a multiple dwelling. Such sign shall be attached parallel to the
multiple dwelling it serves. No permit shall be required.
(3)
Permanent subdivision identification signs shall be
permitted when authorized by the Planning Board.
F.
Business and industrial signs. Signs in business and
industrial districts are permitted as follows:
(1)
Building face signs.
(a)
Location. Signs shall be permitted on any side
of any building and may be attached to the side of the building or
applied thereto but not painted thereon, provided that such signs
shall not project more than 12 inches from the side of the building
and do not extend beyond the wall at any corner.
(b)
Size.
[1]
A face sign on the front of a building shall
not exceed 25 square feet or 15% of the building face of the floor
occupied, including areas occupied by doors and windows, whichever
is greater.
[2]
Signs on each additional face shall not exceed
50% of the permitted front signage, provided further that no sign
shall exceed 10% of the face to which it is attached.
(2)
Freestanding signs.
(a)
Location. One freestanding sign shall be permitted
and shall be set back at least five feet from any road or street right-of-way
line or public walkway. Where a business district abuts a residential
district, any sign shall be set back at least 15 feet from this side
line. No sign shall interfere with the visibility from any driveway
at its intersection with a public highway.
(b)
Size. There shall be no more than two display
surfaces, each of which shall not exceed 20 square feet.
(c)
Only one freestanding or pedestal sign shall
be permitted per lot of record.
[Amended 3-22-2010 by L.L. No. 2-2010; 9-28-2020 by L.L. No. 11-2020]
(3)
Pedestal signs.
(a)
Location. Such signs shall be set back at least
five feet from any road or street right-of-way line or public walkway.
Where a business district abuts a residential district, any such sign
shall be set back at least 15 feet from this side line. No sign shall
interfere with the visibility from any driveway at its intersection
with a public highway.
(b)
Size. One pedestal sign not exceeding 40 square
feet in total surface area of any one surface or 80 square feet in
area of all surfaces shall be permitted. Only one pedestal sign shall
be permitted in each business center, subject to all other restrictions
relating to pedestal signs.
(c)
Restriction. Pedestal signs shall be used only
for business centers, plazas or industrial parks for identification
purposes.
(4)
Covered walkway signs.
(a)
Where a covered walkway extends across the front of a building or buildings, one sign per business may be mounted on the roof of the walkway a maximum of three feet in height. This sign shall be in lieu of the building face sign permitted in Subsection F(1) and shall conform to the size limitations contained therein.
(b)
A sign may also be hung from the underside or
ceiling of the covered walkway related to the entrance of an individual
business establishment, provided that the bottom of such sign is at
least seven feet above the ground and the sign area does not exceed
three square feet.
[Amended 4-14-1980 by L.L. No. 4-1980]
(5)
Service or loading dock signs. One sign not to exceed
four square feet in area is permitted in addition to other signs allowed
by this chapter.
(6)
Automobile service station signs. Signs may be erected
in the pump areas, but not to extend more than one foot from either
side of the row of pumps or two feet from the last pump on each end
of the pump row or more than one foot above the pump.
(7)
Additional accessory signs. At the entrance of buildings
with business establishments above the first floor name plates of
uniform design and appearance not more than 18 inches in length and
nine inches in height may be mounted at the sides of such entrance,
provided they are placed flat against the exterior wall.
(8)
Entrance, exit, etc., signs. Entrance, exit, identification
and other traffic control signs are to be approved by the Planning
Board as to location and size.
(9)
Adjacent property signs. Where it is not practical
for reasons of visibility to place an identification sign on the premises,
the Planning Board may grant permission to erect a sign (which is
otherwise permitted) on adjacent property.
(10)
Projecting signs.
(a)
Projecting signs shall be allowed when a freestanding
sign cannot be used. Square footage shall not exceed eight square
feet. Projection shall not exceed four feet. No sign shall interfere
with the visibility from any driveway or intersection with a public
highway.
(b)
No sign shall be permitted to extend into any
street right-of-way or public walkway.
(11)
Window signs. Window signs shall not exceed
20% of the glass area, plus an additional 10% for nonprofit organization
advertising.
(12)
Freestanding directory signs. Freestanding directory
signs shall be used only for business centers, plazas or industrial
parks to list occupants. Such signs must be uniform in size and shall
not exceed two square feet per listing. Such signs may be used in
addition to the identification pedestal sign.
G.
Signs used in conjunction with a special use. Any
application for a sign used in conjunction with a special use, as
defined in this chapter, must be approved by the Village Board which
shall determine its compatibility with neighboring uses and its approval
shall be subject to such terms, modifications and directions as it
deems appropriate.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No.
6-1998]
H.
Temporary and special purpose signs.
(1)
Notices. No notice shall be posted on public property
within the Village of Orchard Park except on bulletin boards maintained
by the Village or other governmental authority.
(2)
Banners. No banner shall be displayed over any sidewalk,
street, or highway except upon direction of the Village Board. A public
liability bond or policy in a reasonable sum to be determined by the
Village Board shall be furnished for each banner which extends across
a sidewalk, street or highway. Such banner must be securely fastened
to buildings or structures.
(3)
Temporary signs of charitable and nonprofit organizations.
Temporary signs erected or maintained by charitable and nonprofit
organizations may be permitted by the Code Enforcement Official upon
direction of the Planning Board. The applicant must specify the number
of signs to be erected, the size of the sign or signs, and the proposed
location of the sign or signs. Any temporary sign shall be removed
within 30 days. There shall be no fee for a permit for a temporary
sign.
[Amended 4-14-1980 by L.L. No. 4-1980]
(4)
Construction signs. Construction signs displaying
the name of the architect, engineer, principal contractor, and other
participants engaged in the work of constructing a building or structure,
as well as a sign announcing the purpose of the building or structure
for which a building permit has been issued and has not expired, may
be permitted as follows:
(a)
Single, multilisting sign. A single sign not
exceeding 25 square feet in area listing all of the participants may
be erected and maintained for the period beginning with the excavation
and ending with the completion of the construction of any building.
(b)
Individual signs. A separate sign not exceeding
six square feet in area for each principal in the project may be erected
and maintained during the period of said principal's active participation
in the project. No permit shall be required.
(c)
Special purpose building announcement sign.
A single sign announcing the purpose of a building or structure may
be erected and maintained for a period not to exceed one year. Such
sign shall:
(5)
Garage sale signs. A ”garage sale" is defined
as the sale on residential premises of household furnishings, tools,
clothing and similar items other than by auction or sale of the entire
contents of a household. Only one sign, not exceeding four square
feet, advertising the garage sale shall be permitted and shall be
posted on the premises where the sale is conducted. The sign shall
not be posted earlier than one week before the sale commences and
must be removed immediately upon completion of the sale.
(6)
For sale, for rent, sold and open house signs.
(a)
One nonilluminated for sale, for rent or sold
sign not exceeding four square feet shall be erected on the premises
or property to which it pertains. Sold signs are to be removed within
seven days of posting. No permit shall be required.
(7)
A sandwich sign may be placed in front of a business in a B-1 or B-2 Zone during business hours. The content of the sandwich sign must be relevant to business. Such a sign must not obstruct a sidewalk or the normal pedestrian path of travel. (See definition of "sandwich sign" in § 225-5.)
[Added 3-22-2010 by L.L.
No. 2-2010]
(8)
Lawn
signs. A single lawn sign shall be allowed on any lot without permit,
provided it is in compliance with the regulations below:
[Amended 9-28-2020 by L.L. No. 11-2020]
(a)
The sign does not exceed three feet in height and six square feet
in area;
(b)
The sign is not displayed for more than 30 days;
(c)
The sign is not illuminated;
(d)
The sign maintains at least five-foot setback from all lot lines;
(e)
The sign does not impede the traffic or visibility of pedestrians,
bicycles or motorists;
(f)
Signs are not permitted on vacant lots; and
(g)
Nonresidential lots exceeding 100 feet in width are permitted two
additional signs.
I.
Exceptions.
(1)
Awning valance signs. Advertising containing only
the name of the business in letters not more than six inches in height
may be placed upon the valance of any awning. The bottom of valances
shall not be less than seven feet above the sidewalk. A permit is
required for awning valance signs.
[Amended 9-11-1989 by L.L. No. 3-1989]
(2)
Lighting reflection signs. Hoods or shields for lighting
reflection signs may be attached to buildings or structures, provided
such hoods or shields do not extend more than 12 inches beyond the
face of the building or sign. Reflection lights on projecting arms
shall not extend more than two feet beyond the face of the building
or sign.
(3)
Parking lot marking and signing. Public directional
signs relating to traffic or the regulation of private parking lots
shall be permitted upon approval of the Planning Board.
(4)
Specialty signs. Special time and temperature signs,
with or without electrical lettering, special clock signs and other
special signs of similar nature may be erected upon approval of the
Planning Board.
J.
Nonconforming signs.
(1)
Inspection. Immediately following the effective date
of this chapter, the Code Enforcement Official shall make or cause
to be made an inspection and evaluation of all existing signs covered
by this chapter. All business establishments with signs which do not
conform to this article shall be notified, by certified mail, stating
how the existing sign violates this chapter. The Code Enforcement
Official shall keep a copy of all such letters and record of date
notified.
(2)
Nonconforming signs. All nonconforming signs designated under Subsection J(1) must be altered or removed according to the following schedule:
(a)
Any sign which does not directly relate to the
sale of goods or services rendered on the property, or a sign advertising
a previous business on the premises which has not been purchased,
leased or assumed by the present occupant, shall be taken down and
removed within 60 days following the effective date of this chapter.
(b)
Fluttering banners, miscellaneous signs denoting
premiums or bonuses for buying gasoline, movable and nonattached signs
and all other advertising not directly related to permitted uses listed
in this chapter for the operation of an automobile service station
shall be removed within 30 days after notification by the Code Enforcement
Official that such uses are nonconforming.
(c)
Any sign which flashes, blinks or revolves shall
be made to cease flashing, blinking or revolving within 30 days after
notification by the Code Enforcement Official that such actions are
nonconforming.
(d)
All other nonconforming signs shall be brought
into conformity with this subsection within three years or removed.
(3)
Discontinuance. Any nonconforming sign which is removed
from the position it occupied at the effective date of this chapter
and not restored to such original position within 30 days shall be
presumed to be abandoned and discontinued and may not be restored
or reerected except in compliance with this chapter.
(4)
Repair or alteration. Nothing herein shall be deemed
to prevent keeping a nonconforming sign in good repair and in a safe
condition.
K.
Enforcement. At the termination date of the legal status of any sign as defined in Subsection J or of any violation related to a sign erected or relocated after the effective date of this chapter, such violation must be corrected or the sign removed, or such sign shall be subject to demolition and removal as set forth in Subsection L of this section. Costs connected therewith shall be assessed against the owner of the premises.
L.
Unsafe and unlawful signs.
(1)
Whenever the Code Enforcement Official shall find
that any sign regulated by this chapter is unsafe or insecure or is
in such condition as to be a menace to the safety of the public, he
or she shall prepare a notice, in writing, advising as to the unsafe
and insecure condition of such sign and directing the permittee of
such sign and the owner of the premises on which the sign is located
to make such alterations or repairs thereto or to do such things or
acts as are necessary and advisable to make such sign safe and secure
or remove the said sign within three days from the date of said notice,
and shall mail a copy of such notice on the same day as the date thereof
to the permittee at his or her address as stated in the application
for the permit, and shall mail a copy of such notice on the same day
as the date thereof to the owner of the premises on which the sign
is located at his or her address as shown on the assessment roll of
the Village of Orchard Park, and shall file a copy of such notice
in the office of the Village Clerk-Treasurer on the same day. In the
event the sign is not made safe and secure or is not removed within
the time specified in the notice, the Village Board may cause such
sign or such part thereof as is unsafe and insecure to be removed
and may charge the expense of such removal to the person or persons
so notified; provided, however, that nothing herein contained shall
prevent the Code Enforcement Official from adopting such precautionary
measures as may be necessary or advisable in case of imminent danger
to place such sign in a safe condition, the expense of which shall
be paid by the owner of the premises upon which the said sign is placed.
(2)
Whenever the Code Enforcement Official shall find
that any sign regulated by this chapter is in violation of any of
the provisions of this chapter or is being erected, constructed, relocated
or created without a permit as required by this section, he or she
shall prepare a notice, in writing, advising as to violation of this
chapter and directing the owner of the premises upon which the sign
is located to remove the said sign within 10 days from the date of
said notice, and shall mail a copy on the same day as the date thereof
to such owner of the premises upon which the sign is located at his
or her address as shown on the assessment roll of the Village of Orchard
Park, and shall file a copy of such notice in the office of the Village
Clerk-Treasurer on the same day. In the event the sign is not so removed
within the time specified in the notice, the Village Board may cause
such sign to be removed and shall assess the expense of such removal
against the land or the building on which such sign is located.
[Amended 10-23-2017 by L.L. No. 1-2017]
(3)
Every person maintaining a sign in the Village of
Orchard Park shall, upon vacating the premises where such sign is
maintained, forthwith remove such sign from such premises. In the
event of a violation of this subsection, the Village Board shall take
such action as is prescribed by this subsection to cause the sign
so found to be in violation of this subsection to be removed and the
expense of such removal to be assessed against the land and/or building
on which such sign is located.
(4)
Signs attached to light standards or utility poles, or placed on
public property, or placed on public rights-of-way, are subject to
immediate removal and disposal by members of the general public.
[Added 10-23-2017 by L.L.
No. 1-2017]
M.
General safety provisions.
(1)
No signs shall be erected in such a manner as to obstruct
free egress from a window, door or fire escape or so as to become
a menace to life, health or property.
(2)
All signs affixed to any wall or building shall be
securely fastened thereto and shall be subject to inspection by and
approval of the Code Enforcement Official as to safety and adequacy
and insurance coverage.
A.
Public utilities. (NOTE: See also § 225-16B.) The provisions of this chapter shall not be construed to limit or interfere with the construction or operation for public utility purposes of water and gas pipes, electric light and power transmission and distribution lines, communication lines, oil pipelines, sewers, and incidental appurtenances, or with any highway or railroad right-of-way existing or hereafter authorized by the Village of Orchard Park, County of Erie or State of New York. The above exceptions shall not be construed to permit service yards, repair garages or other service or storage structures or uses by said public utilities except as otherwise permitted by this chapter.
B.
Sanitation. Dumping of garbage or rubbish shall be
permitted only in locations and under conditions approved by the Village
Board and the County Department of Health. Any new or modified facilities
for the treatment, storage or disposal of sewage, including excreta,
bath, sink and laundry wastes, or trade wastes, shall be provided
and installed in accordance with the rules, regulations and standards
of the State and County Departments of Health. Careful consideration
shall be given to the location and construction of private water supplies
to assure adequate protection of such supplies.[1]
A.
Continuing existing lawful uses. Except as otherwise
provided in this chapter, any nonconforming use of any structure or
land existing at the date of the original enactment of this chapter
or any amendments hereto may be continued.
B.
Discontinuance of nonconforming use. In any district,
whenever a nonconforming use of land, premises, building or structure,
or any part or portion thereof has been discontinued for a period
of one year, such nonconforming use shall not thereafter be reestablished,
and all future use shall be in conformity with the provisions of this
chapter. Such discontinuance of the active and continuous operation
of such nonconforming use or a part or portion thereof for such period
of one year is hereby construed and considered to be an abandonment
of such nonconforming use, regardless of any reservation of an intent
not to abandon same or an intent to resume active operations. If actual
abandonment in fact is evidenced by the removal of buildings, structures,
machinery, equipment and other evidences of such nonconforming use
of the land and premises, the abandonment shall be construed and considered
to be completed within a period less than one year and all rights
to establish or continue such nonconforming use shall thereupon terminate.
C.
Cessation of certain uses. Notwithstanding any other
provisions of this chapter, any automobile wrecking yard or other
junkyard in existence in any district on the date of the original
enactment of this chapter shall, at the expiration of one year from
such date, become a prohibited and unlawful use and shall be discontinued.
D.
Change in use. Once changed to a conforming use no building or structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use which is not more detrimental to the adjoining area, and when so changed such use thereafter shall not be changed to a more detrimental use. The Village Board shall review and approve, approve with modifications, or disapprove in the same manner as for a special use as provided in § 225-23B of this chapter.
[Amended 7-13-1998 by L.L. No. 3-1998[1]]
E.
Extension of use. A nonconforming use shall not be
extended except within the same building which it partially occupies
at the date of the enactment of this chapter or any amendment hereto,
and then only with the approval of the Board of Appeals.
F.
Reconstruction, alteration of building or structure
devoted to nonconforming use. A nonconforming building or structure
may not be reconstructed or structurally altered during its life to
an extent exceeding in aggregate cost 50% of the full value of the
building or structure on the date of the enactment of this chapter,
or any amendment hereto, unless such building or structure is changed
to a conforming use. No building or structure damaged by fire or other
causes to the extent of more than 75% of its full value shall be repaired
or rebuilt except in conformity with the regulations of this chapter.
G.
Changes in district boundaries, amendments. Whenever
the boundaries of a district shall be changed so as to transfer an
area from one district to another district of a different classification,
or whenever the text of this chapter shall be changed with respect
to the buildings, structures or uses permitted in a district, the
provisions of this chapter shall also apply to any nonconforming buildings,
structures or uses existing as a result thereof.
