A.
Building permit required. Before any person shall
erect, construct, alter, move or commence to erect, construct, alter
or move any building or structure within the Village of Orchard Park
or do anything for which a permit is required by this chapter, such
person shall first apply for and obtain a building permit from the
Code Enforcement Official.
B.
Building permit types. Under the terms of this chapter,
the following classes of building permits shall be issued:
(1)
Permitted use.
[Amended 7-13-1998 by L.L. No. 3-1998; 8-9-1999 by L.L. No. 9-1999]
(a)
A building permit for one-family dwelling and
permitted accessory uses in R-1, R-2, R-3 and R-4 shall be issued
by the Code Enforcement Official on his or her own authority. The
Code Enforcement Official, at his or her discretion, may refer any
application to the Planning Board for review and recommendations.
(b)
Building permits for other permitted principal
uses and related accessory uses in R-1, R-2, R-3, R-4 and all building
permits for permitted principal uses and related accessory uses in
B-1, B-2 and I-1 shall be issued by the Code Enforcement Official
after site plan review and approval by the Planning Board.
(c)
Building permits for creation of impervious
surfaces (blacktop paving or concrete areas) shall be issued by the
Code Enforcement Official after submission of a site plan meeting
all zoning requirements and a drainage plan.
(2)
Special use. A building permit for a special use may
be issued by the Code Enforcement Official, upon approval by the Village
Board, after review by and recommendations from the Planning Board
as hereinafter provided.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No.
6-1998; 8-9-1999 by L.L. No. 9-1999]
(3)
Building permit after an appeal or a request for a
variance. A building permit shall be issued by the Code Enforcement
Official only upon the order of the Zoning Board of Appeals and after
a public hearing as hereinafter provided.
(4)
The Village Board, at its discretion, may require
a satisfactory bond or a satisfactory cash deposit to guarantee the
completion of construction.[1]
[Added 9-11-1989 by L.L. No. 3-1989;
amended 7-13-1998 by L.L. No. 3-1998]
(5)
Building
permits that are required to perform work under the New York State
Uniform Fire Protection and Building Code shall not require Planning
Board approval, provided such work does not include a change in use,
affect an increase in the density of an existing use or affect the
exterior appearance of a building or a surrounding premises.[2]
[Amended 8-9-1999 by L.L. No. 9-1999[1]]
This chapter shall be enforced by the Code Enforcement
Official. No building permit or certificate of occupancy shall be
issued by him or her except where all the provisions of this chapter
have been complied with.
A.
Site plans.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No.
6-1998]
(2)
All site plans subject to review by the Planning Board
shall show all structures, roadways, pathwalks, parking areas, recreation
areas, utility and exterior lighting installations and landscaping
on the site, all existing structures and usages within 200 feet of
the site boundaries, and any other elements as may be deemed essential
by the Planning Board.
B.
Special uses as enumerated in this chapter shall be
permitted only upon approval by the Village Board after review by
and recommendations from the Planning Board, provided that such uses
shall be found to comply with the following requirements and other
applicable requirements as set forth in this chapter. The Village
Board shall approve, approve with modifications, or disapprove such
application and shall make its decision within 62 days of the Village
Board's public hearing based on the following. The time within which
the Board must render its decision may be extended by mutual consent
of the applicant and the Board.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No.
6-1998; 8-9-1999 by L.L. No. 9-1999[2]]
(1)
The relation of the proposed project to the long range,
comprehensive, master or general plan of development of the Village.
(2)
The need for the proposed project at the present time.
(3)
The compatibility of the proposed project with adjoining
land uses and with other proposed development, having particular reference
to its probable effect on the value of other land and to the adequacy
of features intended to promote public health, safety and welfare
and the general purposes of this chapter.
(4)
The orderly flow of traffic, effect on normal traffic
patterns, and satisfactory methods of ingress and egress.
(5)
The design and suitable location of adequate loading
and parking facilities.
(6)
The utilization of adequate landscaping and screening
improvements.
(7)
The intelligent design of free areas for recreational
use.
(8)
The nearness and impact on schools and other public
facilities.
(9)
Other pertinent requirements of this chapter.
C.
Site plan and special use standards. The Planning
Board and the Village Board shall consider the following standards
when reviewing site plans and/or special uses:
[Amended 5-13-1991 by L.L. No. 3-1991; 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; 3-8-1999 by L.L. No. 2-1999; 8-9-1999 by L.L. No. 9-1999]
(1)
General standards. Compliance shall be made with the
following general standards:
(a)
The proposed development shall be consistent
with the long-range plans of the Village and conform with the residential
character of the Village.
(b)
The proposed development shall provide for an
effective and unified treatment of the development possibilities on
the project site, making appropriate provision for the preservation
of scenic features and amenities of the site and the surrounding areas.
(c)
The proposed development shall be planned to
harmonize with all existing and/or proposed development in the area
surrounding the project site.
(2)
Design standards. Compliance shall be made with the
following general design standards:
(a)
All structures in the layout and design shall
be an integral part of the development and have convenient access
to and from adjacent uses and roadways.
(b)
Individual structures shall be related to each
other in design, masses, materials, placement and connections to provide
a visually and physically integrated development.
(c)
All structures shall be arranged so as to avoid
undue exposure to concentrated loading or parking facilities wherever
possible.
(d)
All structures shall be arranged so as to be
accessible to emergency vehicles.
(e)
Treatment of the sides and rear of all buildings
shall be comparable in amenity and appearance to the treatment given
to street frontages of these same buildings.
(f)
The design of buildings and parking facilities
shall take advantage of the topography of the project site, where
appropriate, to provide separate levels of access.
(g)
All building walls shall be so oriented as to
insure adequate light and air exposure.
(h)
The exterior design details, elevations, materials,
finishes, and other aesthetic factors proposed to be used shall be
appropriate to the surrounding area.
(i)
Trademark/prototypical buildings, which identify
the owner or occupant by a trademarked architectural style, are prohibited.
Franchise operations shall be designed to harmonize with downtown
mixed-use areas.
(j)
No building may have more than eight horizontal
feet of wall on the first floor sidewalk side without a window or
door.
(k)
Awnings and overhangs for shade and shelter
are encouraged.
(l)
Flat roofs without decorative cornices are prohibited.
(m)
Second story balconies and bay windows may encroach
beyond the building line by no more than four feet.
(3)
Landscape design standards. Landscape design standards
shall be as follows:
(a)
Landscape treatment for plazas, roads, walks,
service and parking areas shall be designed as an integral part of
a coordinated landscape design for the entire development.
(b)
Primary landscape treatment shall consist of
shrubs, ground cover and trees and shall be combined with appropriate
walks and street surfaces to provide an attractive development pattern.
Landscape materials selected should be appropriate to local growing
conditions.
(c)
Whenever appropriate, existing trees shall be
conserved and integrated into the landscape design.
(d)
Where adjacent land use dictates, proper screening
and buffer zones may be required.
(4)
Circulation system design standards. Circulation system
design standards shall be as follows:
(a)
Where a special use abuts or contains an existing
or proposed expressway or major arterial street or railroad right-of-way,
the Village Board may require the separation of local and through
traffic. This shall be achieved by one of the following means:
(b)
All proposed site traffic accessways shall be
adequate, but not excessive in number, adequate in grade, width, alignment
and visibility, and not located too near street corners, entrances
to schools or places of public assembly and other similar considerations.
(c)
There shall be an adequate, safe, and convenient
arrangement of pedestrian circulation facilities, roadways, driveways,
off-street parking and loading spaces.
(d)
Roads, pedestrian walks and open space shall
be designed as an integral part of the overall site design. They shall
be properly related to existing and proposed buildings and appropriately
landscaped.
(e)
There shall be an adequate amount, in a suitable
location, of pedestrian walks, malls, and landscaped spaces in order
to discourage pedestrian use of vehicular ways and parking and loading
spaces from general vehicular circulation facilities.
(f)
Buildings and vehicular circulation open spaces
shall be arranged so that pedestrians moving between buildings are
not unnecessarily exposed to vehicular traffic.
(g)
Landscaped, paved and comfortably graded pedestrian
walks shall be provided along the lines of the most intense use, particularly
from building entrances to streets, parking areas, and adjacent buildings.
(h)
The location and design of pedestrian walks
should emphasize desirable views of new and existing development in
the area.
(i)
The maximum separation of private automobiles
and service vehicles shall be provided through the use of separate
service lanes.
(j)
Materials and design of paving, lighting fixtures,
retaining walls, bulkheads, fences, curbs, benches, etc., shall be
of good appearance, easily maintained and indicative of their function.
(5)
Parking and loading design standards. Requirements
for parking and loading facilities shall be as follows:
(a)
Parking and loading facilities shall be landscaped
and screened from public view to the extent necessary to eliminate
unsightliness and the monotony of parked vehicles.
(b)
Pedestrian connections between parking areas
and buildings shall be via special pedestrian walkways.
(c)
Parking facilities shall be designed with careful
regard to arrangement, topography, landscaping, ease of access, and
shall be developed as an integral part of an overall site design.
(d)
Any above grade loading facility should be screened
from public view to the extent necessary to eliminate unsightliness.
(6)
Perimeter control. If topographical or other barriers
do not provide adequate privacy for existing uses adjacent to the
proposed development, structures located on the perimeter of the proposed
development shall be permanently screened in a manner which is sufficient
to protect the privacy and amenity of adjacent existing uses.
(7)
Drainage. Adequate cross-drain pipe and driveway pipe
(if applicable) are to be installed and are to be approved by the
Village before installation. Adequate storm drainage is to be provided.
(8)
Building permit and certificate of occupancy. No building
permit or certificate of occupancy shall be issued for any building
or buildings or use of land, unless the same conform in all respects
to such site plan or special use as approved with the application
and unless all facilities included in the approved site plan or application
have been installed in accordance therewith.[3]
D.
Adult uses.
[Added 3-8-1982 by L.L. No. 1-1982]
(1)
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
PERSON
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
As used in § 225-9, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock and trade books, magazines, films for sale or viewing
on premises, by use of motion picture devices or any other coin-operated
means, and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas of an establishment
with a segment or section devoted to the sale or display of such material.
Public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers,
male or female impersonators or similar entertainers.
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting material having as a dominant
theme material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas for observation by patrons therein.
Any person, firm, partnership, corporation, association,
or legal representative, acting individually or jointly.
Less than completely and opaquely covered human genitals,
pubic region or female breast below a point immediately above the
top of the areola. Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal.
Acts of human masturbation, sexual intercourse or sodomy. Fondling
or other erotic touching of human genitals, pubic region, buttock
or female breast.
(2)
Restrictions affecting adult uses. Adult uses, including
but not limited to adult bookstore, adult motion-picture theater,
adult mini-motion-picture theater, and adult entertainment cabaret,
shall only be permitted in the I-1 Industrial District subject to
the following restrictions which are in addition to all other requirements
applicable to a special use in an I-1 Industrial District:
[Amended 3-8-1999 by L.L. No. 2-1999]
(3)
Registration.
(a)
The owner of a building or premises, his or
her agent for the purpose of managing or controlling or collecting
rents or any other person managing or controlling a building or premises,
any part of which contains an adult use, shall register the following
information with the Village Clerk-Treasurer of the Village of Orchard
Park.
[1]
The address of the premises;
[2]
The name and address of the owner of the premises
and the names and addresses of the beneficial owners if the property
is in a land trust;
[3]
The name of the business or the establishment
subject to the provisions of this section;
[4]
The name(s) and address(es) of the owner, beneficial
owner or the major stockholder(s) of the business or the establishment
subject to the provisions of this section;
[5]
The date of initiation of the adult use;
[6]
The nature of the adult use;
[7]
If the premises or building is leased, a copy
of said lease.
(b)
It is a violation of this subsection for the
owner or person in control of any property to establish or operate
thereon or to permit any person to establish or operate thereon an
adult use without having properly registered said adult use with the
Village Clerk-Treasurer.
(4)
Display of copy of registration. The owner, manager
or agent of a registered adult use shall display in a conspicuous
place on the premises of the adult use a copy of the registration
filed with the Village Clerk-Treasurer.
(5)
Prohibition regarding public observation. No adult
use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specified sexual
activities or specified anatomical areas from any public way or from
any property not registered as an adult use. This subsection shall
apply to any display, decoration, sign, show window, or other opening.
(6)
Minors. No person under 18 years of age shall be allowed
in any place described herein as "adult use."
E.
Satellite antennas. A "satellite antenna," which is
defined herein as a parabolic dish or other antenna or device, the
purpose of which is to receive television, radio and/or microwave
or other signals from space satellites, may be erected and maintained
subject to the following requirements:
[Added 10-24-1988 by L.L. No. 3-1988]
(1)
A building permit shall be obtained from the Village Planning Board in accordance with §§ 225-21B(2) and 225-23A, B and C; provided, however, no public notice shall be required unless ordered by the Planning Board. Likewise, the Planning Board may dispense with the filing of a site plan but may require a sketch of the proposed location.
(2)
Only one satellite antenna shall be allowed per lot.
(3)
The satellite antenna shall not exceed 12 feet in
width or depth, and shall be no higher than 14 feet from the ground
to the highest point on the satellite antenna.
(4)
The Planning Board shall have the power to designate
the exact location of the antenna and to require any landscaping or
screening to protect the aesthetic appearance of the area. Location
of the antenna shall be limited to the rear yard, and, if a corner
lot, the antenna will not be located between the side street lot line
and the principal building.
(5)
No satellite antenna shall be installed on or above
any building or structure except in commercial or industrial districts.
(6)
No provision of this subsection shall apply to a satellite
antenna of a width of 40 inches or less as long as:
[Added 4-22-1996 by L.L. No. 5-1996]
A.
Established. Pursuant to the provisions of the Village
Law of the State of New York, a Zoning Board of Appeals is hereby
established in the Village of Orchard Park.
B.
Appointment. The Board of Appeals shall consist of
five members to be appointed by the Mayor, subject to the approval
of the Village Board. The terms of the initial appointees shall be
for one, two, three, four, and five years from and after the date
of appointment. Their successors, including such additional members
as may be appointed by the Mayor subject to approval of the Village
Board, shall be appointed for the term of five years after the expiration
of the terms of their predecessors in office.
C.
Appointment to fill vacancies. Appointments to fill
vacancies shall be for the unexpired term of the member or members
whose term or terms become vacant. Such appointments to fill such
vacancies shall be made by the Mayor.[1]
D.
General grant of power. The Board of Appeals shall
perform all the duties and have all the powers prescribed by the laws
of the State of New York and as herein described.
E.
Votes necessary for a decision. The concurring vote
of a majority of the members of the Board of Appeals shall be necessary
to reverse any order, requirement, decision or determination of the
Code Enforcement Official or to decide in favor of the appellant any
matter upon which it is required to pass under the terms of this chapter
or to effect any variation of this chapter.
A.
From time to time the Zoning Board of Appeals and
the Planning Board of the Village of Orchard Park have experienced
difficulty in securing a quorum necessary for the conducting of business
due either to conflict of interest, absence, illness or inability
of some members to attend meetings. In order to alleviate that problem,
the Board of Trustees of the Village of Orchard Park deems that it
is necessary to appoint additional and alternate board members to
function as set forth below.
B.
Authorization to appoint. The Board of Trustees is
hereby authorized to appoint two additional and alternate members
to both the Zoning Board of Appeals and the Planning Board. When sitting
as a regular member, the additional and alternate members shall have
the same qualifications, authority and power as a duly and regularly
appointed member of either Board.
C.
Powers. The additional and alternate Board members
shall sit as members of the Board, exercising full power as if they
were regular members, when regular members on either Board are unable
to attend, so as to make up a quorum for the Board to conduct business.
When such additional and alternate Board member shall sit as a full
member of the Board, the Village Clerk-Treasurer or the Secretary
of either Board shall make an entry in the minutes of the Board meeting
certifying that a regular member or members of the Board were unable
to attend and that the alternate and additional member or members
were sitting as a full member of the Board and giving the date, time,
place and purpose of such meeting. The additional and alternate members
shall receive the same compensation for attendance as regular Board
members, whether in an official capacity or not.
The Board of Appeals shall hear and decide appeals
pursuant to the provisions of the laws of the State of New York and
shall have the following powers:
A.
To hear and decide appeals. The Board of Appeals shall
hear and decide appeals from and review any order, requirement, decision
or determination made by the Code Enforcement Official administering
this chapter. It shall also hear and decide all matters referred to
it or upon which it is required to pass under the provisions of this
chapter.
B.
C.
Interpretation. The Board of Appeals shall, upon appeal
from a decision by the Code Enforcement Official, decide any question
involving the interpretation of any provision of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
D.
Referral to Village Planning Board. The Board of Appeals
shall refer to the Village Planning Board such matters as required
by this chapter and any other pertinent matters for review and recommendations,
and defer any decision thereon for a period of not more than 30 days
pending a report from the Village Planning Board. Upon failure to
submit such report, the Village Planning Board shall be deemed to
have approved the application for appeal.
E.
Referral to County Planning Board. The Board of Appeals
shall refer to the County Planning Board such matters as required
by General Municipal Law § 239-m and in such instances shall
follow the required procedures set forth in such law.
A.
Filing of notice of appeal.
(1)
Appeals may be taken to the Board of Appeals from
any order, requirement, decision or determination of the Code Enforcement
Official by any person aggrieved or by any officer, department, board
or bureau of the Village. Such appeal shall be taken within 60 days
after the filing of the order, requirement, decision or determination
appealed from by filing with the Code Enforcement Official and with
the Board of Appeals a notice of appeal specifying the grounds thereof
and the relief sought.[1]
(2)
All applications and appeals made to the Board of
Appeals shall be in writing on forms prescribed by the Board of Appeals.
Every application or appeal shall refer to the specific provision
of this chapter, and shall exactly set forth the interpretation that
is claimed, the plans for a special use or the details of the variance
that is applied for, in addition to the following information:
[Amended 3-8-1999 by L.L. No. 2-1999]
(a)
The name and address of the applicant, appellant.
(b)
The name and address of the owner of the district
lot to be affected by such proposed change or appeal.
(c)
A brief description and location of the district
lot to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification
of the district lot in question, the improvements thereon and the
present use thereof.
(e)
A reasonably accurate description of the present
improvements, and the additions or changes intended to be made under
this application, indicating the size of such proposed improvements,
materials and general construction thereof. In addition, there shall
be attached a plot plan of the real property to be affected, indicating
the location and size of the lot and size of improvements thereon
and proposed to be erected thereon.
B.
Transmittal of records. The Code Enforcement Official
shall forthwith transmit to the Board of Appeals all of the papers
constituting the record upon which the action appealed from was taken.
C.
Referral to Planning Board. At least 30 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the Secretary of the Board of Appeals shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid, and shall request that the Planning Board make a determination in accordance with § 225-26D.
D.
Procedure by the Board of Appeals. The Board of Appeals
shall decide each appeal within 62 days after a final hearing. The
time within which the Board of Appeals must render its decision may
be extended by mutual consent of the applicant and the Board. Upon
the hearing any party may appear in person to be represented by an
agent or attorney. The Board of Appeals decision shall be filed in
the office of the Village Clerk-Treasurer within five business days
after the day such decision is rendered, and a copy thereof shall
be mailed to the applicant. The decision shall be a public record.
Every decision of the Board of Appeals shall be by resolution, each
of which shall contain a full record of the findings of the Board
of Appeals in the particular case. In the exercise of its functions
upon such appeals or upon exceptions, the Board of Appeals may in
conformity with the provisions of this chapter, reverse or affirm,
wholly or partly, or modify the order, requirement, decision, or determination
appealed from or may make such order, requirement, decision or determination
as in its opinion ought to have been made in accordance with the provisions
hereof.[2]
E.
Expiration of appeal decision. Unless otherwise specified
by the Board of Appeals, a decision on any appeal or request for a
variance shall expire if the applicant fails to obtain any necessary
building permit or comply with the conditions of said authorized permit
within six months from the date of authorization thereof.
F.
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the Code Enforcement
Official certifies to the Board of Appeals, after the notice of facts
stated in the certificate a stay would, in his or her opinion, cause
imminent peril to life or property, in which case proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Appeals or by a court of record on application, on
notice to the Code Enforcement Official from whom the appeal is taken
and on due cause shown.
[Amended 4-14-1980 by L.L. No. 3-1980; 9-28-1981 by L.L. No.
5-1981]
The Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give due and public notice thereof by publication in the official
paper of the Village of a notice of such hearing, at least 10 days
prior to the date thereof, and shall at least five days before such
hearing, mail notices thereof to the parties, and shall decide such
appeal or matter within 62 days after such hearing.
A.
Appeal from action of the Code Enforcement Official.
In case of an appeal alleging error or misinterpretation in any order
or other action by the Code Enforcement Official, the following persons
shall be notified: the appellant and the person and persons, if any,
who benefit from the order, requirement, regulation or determination.
B.
Appeal for variance. In case of an appeal for a variance,
as provided for in this chapter, the following persons shall be notified:
all owners of property within 200 feet of the nearest line of the
property for which the variance is sought, and to such other property
owners as the Chairman of the Board of Appeals may direct.
C.
Adjournment of hearing. Upon the day for hearing any
appeal, the Board of Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further notice as it deems
proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
D.
Decision of Board of Appeals; subsequent action on
decision. The Board of Appeals shall make its decision in the manner
provided by law and any person or persons jointly or severally aggrieved
by a decision of the Board of Appeals may thereafter apply for a review
as provided by law.
E.
Required interval for hearings on applications and
appeals after denial. Whenever the Board of Appeals, after hearing
all the evidence presented upon an appeal under the provisions of
this chapter, denies the same, the Board of Appeals shall refuse to
hold further hearings on the said or substantially similar application
or appeal by the same applicant, his or her successor or assign, for
a period of one year, except and unless the Board of Appeals shall
find and determine from the information supplied by the request for
a rehearing that changed conditions have occurred relating to the
promotion of the public health, safety, convenience, comfort, prosperity
and general welfare, and that a reconsideration is justified. Such
rehearing should be allowable only upon a motion initiated by a member
of the Board of Appeals and adopted by a majority vote of all the
members.
Fees for the issuance of permits, appeals, amendments and other zoning actions shall be paid to the Village at the office of the Village Clerk-Treasurer upon the filing of an application and in accordance with the schedule of fees established by Chapter A232, Fees, of this Code.
