[Added 1-7-2009 by L.L. No. 1-2009]
[Amended 6-18-2014 by L.L. No. 6-2014; 9-4-2019 by L.L. No. 5-2019]
A.
Purpose and goal: to maintain and enhance the unique character of
North Buffalo Road from Southwestern Boulevard to the north Village
line and South Buffalo Street and Ellicott Road from New Armor Duells
to the south Village line in keeping with its small-town character.
The character of Orchard Park is, in part, dependent upon its physical
attributes, the architecture of its buildings, how well those buildings
are located and oriented on their sites, how they relate to one another
and the surrounding elements. A building's size, shape, height, mass,
color, materials, texture, roofline, roof treatment, and window and
entry placement combine to give the users and passersby a specific
image and identification for the area in particular and the community
as a whole. The following guidelines are intended to require excellence
in the design of buildings proposed for the North Buffalo Road and
South Buffalo Street/Ellicott Road Architectural Overlay District
and to foster development that is consistent with the small-town character
and the ambience of suburban and yesteryear Orchard Park. These guidelines
will address required approaches to the design of structures, focusing
on building scale, shapes, massing, heights, colors, materials, roof
treatments, facades, and building site orientation to achieve diversity
and design excellence in residential and nonresidential development
in the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural
Overlay District. Further, the streetscape and landscaping features
of the area should enhance and complement the District to create the
most attractive and compatible northern and southern entryway possible
into the historic community center, the Village of Orchard Park.
B.
NORTH BUFFALO ROAD/ARCHITECTURAL OVERLAY DISTRICT
SOUTH BUFFALO STREET/ELLICOTT ROAD ARCHITECTURAL OVERLAY DISTRICT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All premises which have frontage on North Buffalo Road between
the center line of Southwestern Boulevard and the Orchard Park Village
line, extending 350 feet on the east and west sides of the street
and any contiguous properties with the same owner prior to January
7, 2009.
All premises along South Buffalo Street and Ellicott Road
from New Armor Duells Road to the South Village lot line in the Business
Zone.
C.
Architecture. The construction of new buildings, additions, alterations
or renovations within the North Buffalo Road and South Buffalo Street
and Ellicott Road Architectural Overlay District should add life and
vibrancy to the existing neighborhood. New design must be carried
out in such a way that it complements rather than detracts from the
streetscape.
D.
Location. New construction, additions, alterations or renovations
should be oriented in conformity with the other buildings on North
Buffalo Road and South Buffalo Street/Ellicott Road to New Armor Duells
Road. The prevailing setback of the street should be maintained by
any new construction.
E.
Scale. New construction, additions, alterations or renovations should
be compatible in scale with the other buildings in the area. New construction,
additions, alterations and renovations of a massive scale shall not
occur within the North Buffalo Road and South Buffalo Street/Ellicott
Road Architectural Overlay District, nor shall very small, out-of-proportion
main buildings on a property be added to the stock of the road. Buildings
should not be branded using an architectural style of a company. Franchise
architecture (building design that is trademarked or identified with
a particular chain or corporation and is generic in nature) is not
allowed.
F.
Rhythm. New construction, additions, alterations or renovations should
mirror the window and door rhythm and the height of various elements
(windows, rooflines, etc.) of the adjacent and other buildings on
the street.
G.
Massing. New buildings should incorporate the same general patterns
of massing, including window and door forms, roof profiles and building
shapes as are evident in the existing architecture of the District.
H.
Materials. New buildings should incorporate the same exterior materials
as exist on current buildings within the District. Large expanses
of glass and synthetic materials should be avoided. The use of wood,
composite wood, or cementitious material is recommended.
I.
Roof architecture and treatments. The use of architectural features,
such as three-dimensional cornice treatments, enclosed parapet wall
forms and details, overhanging eaves, etc., is encouraged to enhance
the architectural character of the roof. Rooftop plumbing, vents,
ducts, and air-conditioning and heating equipment, communication antennas,
and other mechanical or electrical equipment must be located away
from public view and screened in such a manner so as not to be visible
from any angle or any height outside of the building.
J.
Other exposed mechanicals. Exposed mechanical equipment, such as
through-wall and window air conditioners, vent pipes, electrical conduit
and boxes, is not permitted on the street face or on any side elevation
that is visible from the street.
K.
Additions. Additions to existing buildings should generally be made
on the side or rear elevation with minimal impact on existing features,
and should be made in such a manner that, if removed in the future,
existing material would not be irreparably damaged. Additions should
use materials compatible with the existing building and should incorporate
massing, scale, window and door proportions, etc.
L.
General guidelines for new construction in the North Buffalo Road
and South Buffalo Street/Ellicott Road Architectural Overlay District.
(1)
New additions to existing properties shall include new construction
physically attached to an existing structure, such as an appendage
to a building, or separate new pieces of construction having nearby
existing counterparts, such as a new building adjacent to a similar
resource.
(2)
Any new addition should be located in a manner that allows existing
features to remain the primary visual and physical components of the
existing property. Considerations include characteristics such as
density, orientation, scale, and form of features both within the
existing property and its setting.
(3)
Attached additions, such as a building appendage, should be somewhat
smaller in scale, although similar in overall form to the existing
feature. Separate new construction, such as a new building along this
overlay street, should be of the same general scale and size as the
adjacent existing counterparts. Considerations include overall dimensions,
as well as size of significant features, such as roof slopes and overall
height, and general alignment. A general rule of thumb is that the
new construction falls within 10% of the scale of existing equivalents.
(4)
Additions to existing properties should reflect the shape or form
of similar adjacent existing counterparts. When shape is determined
by strict geometric arrangements, for example, the combination of
rectilinear components to form buildings, these same forms should
be reflected in the proposed addition. If existing forms are more
organic or free-flowing, as might be the case in the arrangement of
structures in the overall layout on a property, such forms should
guide the design of the new construction.
(5)
New construction should be comprised of individual features comparable,
but not identical, to those of similar existing properties. In those
areas of the North Buffalo Road and South Buffalo Street/Ellicott
Road Architectural Overlay District which are characterized by dwellings
having front porches, paired windows and dormers, etc., new buildings
should include these same features.
(6)
Materials used in new construction should be comparable with those
of corresponding existing properties and their features. Additions
having existing counterparts should reflect the overall pattern, texture,
and color of materials found at the existing property. For example,
a new outbuilding should complement the existing main building in
application of roof, building massing, and foundation materials that
complement those of the existing property.
(7)
A property's color palate should not be more than three colors: one
base color, one trim color, and one accent color. Encourage trim and
accent colors that contrast with the base color. Trim and accent colors
should be either lighter or darker than the base color.
(8)
Articulation.
(a)
If buildings are longer than 30 feet, they should include modulation
and/or articulation features at a maximum of 30 feet to reinforce
the small pattern of earlier times. At least two of the following
methods must be employed at intervals of no greater than 30 feet.
(b)
Vertical articulation should be used to moderate buildings extending
to the full 35 feet of vertical development permitted by local ordinance,
such as cornice treatments, differing levels of fenestration, material
changes, pedestrian-scale building details, and weather protection
elements, such as awnings and door overhangings.
M.
Signs.
(1)
Signs should be architecturally compatible with the style, composition,
material, color, and detail of the building and other signs on nearby
buildings. They should also provide adequate identification of the
business. All signs need to comply with the Town of Orchard Park Zoning
Code general sign requirements.
(2)
Signs constructed of materials such as wood or metal are preferred.
Permanently painted window or awning signs are encouraged if compatible
with the architectural style of the building. Painted window signs
shall not consume more than 1/3 of the glazed area of the window.
(3)
Neon signs are not permitted on the exterior of the building. They
may be used in the interior of a display window. However, they may
not cover more than 1/3 of the window surface.
(4)
Projecting signs cannot block or obliterate intricate facade detailing,
windows or cornices of the building upon which they are attached.
Franchise signage will be moderated to comply with the design intents
of the district.
N.
Exterior lighting.
(1)
Lighting along the North Buffalo Road and South Buffalo Street/Ellicott
Road Architectural Overlay District shall serve to illuminate facades,
signage, and landscaping. Illumination shall provide an adequate level
of personal safety, while enhancing the aesthetic appeal of building
and grounds.
(2)
The use of shaded gooseneck style, lanterns, and other style lighting
fixtures relative to the particular architectural character of the
building are recommended.
(3)
The backlighting of semitransparent awnings, colored lighting, and
neon lighting are not permitted.
(4)
Catalog cuts or photographs of all proposed lighting fixtures shall
be submitted to the Architectural Review Committee for review and
acceptance.
O.
Awnings.
(1)
The use of awnings is encouraged within the North Buffalo Road and
South Buffalo Street/Ellicott Road Architectural Overlay District
to enhance the traditional and historic character of the community.
Awnings are to provide sun protection for display windows and/or residential
windows, shelter for pedestrians, and a sign panel for businesses.
(2)
Retractable or operable awnings are recommended. Large expanses of
awnings should be broken into segments that reflect individual storefronts.
Awnings are not permitted to extend across multiple storefronts and/or
multiple buildings. Awnings must be constructed of durable, protective,
and water-repellent material and project a maximum of 36 inches from
a building facade. Plastic or fiberglass awnings are not permitted.
The backlighting of permitted awnings is not acceptable.
P.
Streetscaping. Landscaping treatments should be used to enhance the
pedestrian and vehicular experience, complement architectural features,
and/or screen utility areas.
(1)
A streetscape master plan shall be prepared by a registered landscape
architect which will encompass a selection of trees, shrubs, ground
covers, and perennials and location of annuals, as well as hardscapes.
Hardscapes will include paving materials, benches, landscape aggregates,
and lighting. This master plan will be reviewed by the Conservation
Board and the Planning Board, with final approval granted by the Town
Board.
(2)
Any new construction shall conform to the streetscape master plan.
The Conservation Board shall be familiar with all details of the plan
as well as all landscape architects doing work in the Architectural
Overlay District.
(3)
Some plantings should be located on private property, with the permission
of the owners, to give continuity to the whole streetscape.
(4)
Funding of the streetscape shall be derived from recreation land
fees, as well as forfeited landscape fees from other projects.
Q.
Drive-through windows, defined as those windows which allow for service
of food and other services or products from a window in a structure
which allows for such service without the patron leaving his or her
vehicle, are hereby prohibited in the Architectural Overlay District.
[Amended 6-18-2014 by L.L. No. 7-2014]
A.
There is hereby created a board to be known as the Architectural
Review Board. The Board shall consist of seven members to be appointed,
to the extent available in the community, by the Town Board as follows:
B.
One member of the Board shall be appointed for the term of one year,
one member of the Board shall be appointed for the term of two years,
one member of the Board shall be appointed for the term of three years,
one member of the Board shall be appointed for the term of four years,
one member of the Board shall be appointed for the term of five years,
one member of the Board shall be appointed for a term of six years
and one member of the Board shall be appointed for a term of seven
years. All subsequent appointments shall be for a full seven-year
term.
C.
Vacancies shall be filled for the unexpired terms only and members
may be removed for cause by the Town Board upon written charges and
after a public hearing.
D.
There shall be a Chairman and Vice Chairman of the Board who will
be elected by and from the members of the Board.
E.
The powers of the Board shall include:
(1)
Utilization of staff and professional consultants as necessary to
carry out the duties of the Board at the cost of the petitioner.
(2)
Promulgation of rules and regulations as necessary for the conduct
of its business.
(3)
Approval or disapproval of applications for certificates of appropriateness
pursuant to this article.
F.
The Board shall meet at least monthly, but meetings may be held at
any time on the written request of any two Board members or on the
call of the Chairman or the Town Board and the Building Inspector's
office.
G.
A quorum for the transaction of business shall consist of three of
the Board's members, but not fewer than a majority of the full authorized
membership may grant or deny a certificate of appropriateness.
A.
Generally. No person or representative of any petitioner
shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction, or moving of a structure within an architectural
district, nor shall any person or representative of any petitioner
make any material change in the appearance of such property, its light
fixtures, signs, sidewalks, fences, stops, paving, or other exterior
elements visible from a public street or alley which affect the appearance
and cohesiveness of the architectural district, without first obtaining
a certificate of appropriateness from the Architectural Review Board.
B.
Criteria for approval. The Architectural Review Board
shall apply the criteria set forth in this ordinance in approving
a certificate of appropriateness for any structure in the architectural
district.
C.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner shall file an application
for such certificate with the Architectural Review Board. The application
shall contain:
(1)
Name, address, and telephone number of applicant.
(2)
Location and photographs of property.
(3)
Elevation drawings, including relationship to adjacent
properties, if available.
(4)
Perspective drawings, including relationship to adjacent
properties, if available.
(5)
Samples of color or materials to be used.
(6)
Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be used, all dimensions
and colors, a description of materials to be used, method of illumination,
and a plan showing the sign's location on the property.
(7)
Any other information which the Board may deem necessary
in order to visualize the proposed work.
D.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Architectural Review Board. Nor shall a certificate of occupancy
be issued until a certificate of appropriateness has been issued.
The certificate of appropriateness required by this article shall
be in addition to and not in lieu of any building permit that may
be required by any other ordinance.
E.
The Board shall approve, deny, or approve the permit
with modifications within 45 days from receipt of the completed application.
The Board may hold a public hearing on the application at which an
opportunity will be provided for proponents and opponents of the application
to present their views.
F.
All decisions of the Board shall be in writing. A
copy shall be sent to the applicant by registered mail, a copy to
the Building Inspector, and a copy filed with the Town Clerk's office
for public inspection. The Board's decision shall state the reasons
for denying or modifying the application.
A.
Enforcement. All work performed pursuant to a certificate
of appropriateness issued under this article shall conform to any
requirements included therein. It shall be the duty of the Building
Code Enforcement Officer to inspect periodically any such work to
assure compliance. In the event work is found that is not performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Architectural Review Board, the Building Code
Enforcement Officer shall issue a stop-work order and all work shall
immediately cease. No further work shall be undertaken on a project
as long as a stop-work order is in effect.
B.
Maintenance and repair requested.
(1)
No owner or person within an architectural district
shall permit the property to fall into a serious state of disrepair
so as to result in deterioration of any exterior architectural feature
which would, in the judgment of the Architectural Review Board, produce
a detrimental effect upon the character of the architectural district
as a whole or the life and character of the property itself.
(2)
Examples of deterioration include:
(a)
Deterioration of exterior walls or other vertical
supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco
or mortar.
(e)
Ineffective waterproofing of exterior walls,
roofs, or foundations, including broken windows or doors.
(f)
Deterioration of any feature so as to create
a hazardous condition which could lead to the claim that demolition
is necessary for the public safety.
C.
Violations. Failure to comply with any of the provisions
of this article shall be deemed a violation. The violator shall be
liable to a fine of not less than $50 nor more than $500 for each
violation and for each day the violation continues.
