[Amended 7-15-1987; 11-15-1995; 2-16-2000]
For the purposes of promoting the public health,
safety, morals and general welfare of the Town of Orchard Park, the
town is hereby divided into the following types of districts:
A-1
|
Agricultural
|
R-1
|
Residential
|
R-2
|
Residential
|
R-3
|
Residential
|
R-4
|
Residential
|
B-1
|
Commercial
|
B-2
|
Commercial
|
B-3
|
Commercial
|
B-4
|
Commercial
|
I-1
|
Industrial
|
L-C
|
Land Conservation
|
D-R
|
Development and Research
|
SR
|
Senior Residential
|
[Amended 7-7-1993]
Said districts are bounded as shown on the map
entitled "Zoning Map of the Town of Orchard Park," (April 1993) adopted
July 7, 1993, and certified by the Town Clerk, which accompanies and
which, with all explanatory matter thereon, is hereby made a part
of this chapter.
In case of uncertainty as to the true location
of a district boundary line in a particular instance, the Zoning Officer
shall request the Zoning Board of Appeals to render its determination
with respect thereto.
The restrictions and controls intended to regulate
development in each district are set forth in the schedules, which
are supplemented by other sections of this chapter. Schedules include the following:
A. Zoning Schedule of Use Controls.
B. Zoning Schedule of Height, Lot, Yard and Bulk Regulations.
Except as hereinafter provided, no building
or land shall be used or occupied and no building or part thereof
shall be erected, moved or altered except in conformity with the regulations
hereinafter specified for the district in which it is located.
Churches and other houses of worship. The construction
of a church or other house of worship shall be subject to the following
conditions in A and all R Zones.
A. No church building or accessory structure may be closer
than 75 feet to any front lot line.
B. No church building or accessory structure may be closer
than 50 feet to any side lot line or rear lot line.
C. The perimeter of any parking area must be set back
at least 75 feet from the right-of-way line of any street and at least
25 feet from any other lot line. Parking shall be prohibited in the
front yard.
D. An Internal Revenue Service tax exempt certificate
or other equivalent certificate must be submitted to the Town Clerk
prior to the issuance of a building permit for the construction of
a church.
E. The perimeter of all parking areas at a church must
be screened with appropriate landscaping.
F. Parking shall comply with the provisions of §
144-29, Automotive facilities; parking.
G. An engineer shall certify that parking areas comply
with proper drainage standards.
H. Garbage pickup areas shall comply with the provisions of §
144-25, General screening regulations.
[Amended 10-7-1992]
I. No access roads to a parking area may be within 50
feet of an intersection.
J. A building permit for construction of a church or
church accessory structure shall be issued by the Town Board after
review and recommendation by the Planning Board.
K. Construction of church buildings must comply with the provisions of §
144-44.
[Amended 4-27-2011 by L.L. No. 1-2011; 8-16-2017 by L.L. No. 13-2017; 9-5-2018 by L.L. No. 9-2018; 9-19-2018 by L.L. No. 10-2018; 9-3-2020 by L.L. No. 6-2020]
A. On any Erie County Football Stadium activity date, residential property owners may permit parking for compensation on their premises in the R-3 and R-4 Zones that fall within a one-mile radius from the center of the Erie County Football Stadium. Said radius is described on a map which is made part of this chapter. Such map modifies a Zoning Map of the Town of Orchard Park referred to in §
144-7.
B. On any Erie County Football Stadium activity date, the property owners
in any B-2 or I-1 Zone within the one-mile radius described above
may permit parking for compensation, providing they have obtained
a commercial parking permit from the Town of Orchard Park.
C. Only parking lots in existence on May 3, 2017, are allowed hereunder,
and all others are specifically prohibited.
D. No such allowed parking lot, residential or commercial, shall change
its topography or be expanded beyond its footprint or parking capacity
by number of cars beyond that which existed May 3, 2017.
E. All such allowed residential parking lots are specifically prohibited
to park buses.
F. Any parking lot, residential or commercial, with outstanding violations
from the Code Enforcement Office shall not be issued a new parking
permit.
G. The above-referenced regulations are subject to enforcement by the
Orchard Park Police Department or any other agency charged with the
regulation of traffic, crowd control, and/or public health and welfare.
Except as hereinafter provided, no building
shall be erected or altered to a greater height, to accommodate or
house a greater number of families, to have any yard or setback less
in width or depth or to have lesser floor area (in the case of dwellings)
than is specified herein for the district in which such building is
located.
No part of a yard or other open space required
about any building for the purpose of complying with the provisions
of this chapter shall be included as part of a yard or other open
space similarly required for another building.
Reference to any R District shall be construed
to mean any R-1, R-2, R-3 or R-4 District. Reference to any B District
shall be construed to mean all B Districts.
Where a district boundary line divides a lot
of record at the time such line is established, the regulations for
the less restricted portion of such lot shall extend not more than
50 feet into the more restricted portion, provided that the lot has
frontage on a street or highway in the less restricted portion. This
section does not apply to multiple dwellings.
[Added 12-20-2006 by L.L. No. 3-2006; amended 10-3-2007 by L.L. No.
8-2007; 4-27-2011 by L.L. No. 1-2011; 5-25-2011 by L.L. No. 2-2011; 8-24-2011 by L.L. No. 3-2011; 10-18-2017 by L.L. No. 15-2017]
A. Intent: to create a floating zone to provide areas within the Town's R-1 Residential District for single-family detached residential development in groups on lots which vary in size but where the maximum gross density within the overall development does not exceed one residential lot per acre or fraction of an acre in order to preserve the natural and scenic qualities of open land. The maximum gross density is determined by §
144-5, Definitions. This overlay district is intended to permit single-family detached housing to be sited in closer proximity to each other, with privately contracted maintenance provided by formation of a homeowners' association approved by the New York State Department of Law (Attorney General's Office) and to further provide greater flexibility and creativity in the location of structures on the land and to utilize topography and site features to the best advantage.
B. Permitted structures and uses.
(1)
One-family dwelling and other accessory uses customarily incidental
to the principal use, and recreation areas maintained by New York
State, Erie County, or the Town of Orchard Park.
(2)
Open space (common area).
(3)
Permitted district. The Conservation Management Overlay shall
only be permitted within the R-1 Residential District.
C. Standards and general requirements.
(1)
Minimum area. The minimum area required to qualify for the Conservation
Management Overlay District shall be 50 contiguous acres. Any parcel
or parcels of contiguous conforming acreage donated to the Town as
parkland, by the applicant, may be considered as part of the overall
minimum acreage required.
(2)
Permitted district. The Conservation Management Overlay District
shall only be permitted within the R-1 Residential District.
(3)
Buffer strips. A buffer strip consisting of at least 40 feet
shall be provided between the subject property and adjacent properties
or roads. These buffer strips shall be part of the common area owned
and maintained by the homeowners' association. No buildings shall
be fewer than 60 feet from any exterior lot line. A buffer strip may
be crossed to access an exterior public street from an interior public
street. Such streets shall comply with the minimum requirement of
streets in the Town of Orchard Park.
(4)
Open space regulation. Overall, the minimum amount of open space
preservation shall be no less than 25% of the gross acreage of the
parcel or parcels to be developed. Designated open space shall not
include setbacks and lawns and existing rights-of-way and utility
easements. At least 75% of designated open space shall be contiguous.
At least 50% of designated open space shall be defined as "green space"
and shall be maintained in a natural, undisturbed condition. Limited
access to green space may be allowed in the form of a walking or biking
path. All paths are subject to approval by the Planning Board. The
remaining designated open space shall be defined as "common area"
and may be used for passive or active recreation. If used for active
recreation, impervious surface shall not exceed 5% of this area.
(5)
Open space management. Open space or common area in the Conservation
Management Overlay District is a parcel or parcels of land, together
with improvements thereon, the use and enjoyment of which are shared
by the owner-occupants of the individual building sites. Where such
property exists, the landowner shall provide for and establish a homeowners'
association, approved by the New York State Department of Law (Attorney
General's Office), for the ownership and maintenance of any common
property. Each lot owner shall be required to maintain membership
in the homeowners' association, which shall be formed prior to conveyance
of the first lot. Such homeowners' association shall not be dissolved,
nor shall it dispose of any common property by sale or otherwise.
Development in designated open spaces is prohibited.
(6)
Stormwater management. Stormwater control design shall be in compliance with all provisions of Chapter
144, Article
XII (Stormwater Control), of the Town Code. Stormwater system design shall also be in compliance with all New York State Department of Environmental Conservation Phase II stormwater regulation requirements except where Town requirements are more restrictive.
(7)
Design standards. Design standards and submittal requirements for the infrastructure of the CMO shall be the same as outlined in Chapter
121 (Subdivision) except as otherwise noted in this section.
(8)
Landscape design standards.
(a)
Landscape treatment for roads, paths, service and parking areas
shall be designed as an integral part of a coordinated landscape design
for the entire site.
(b)
Primary landscape treatment shall consist of shrubs, ground
cover and street trees and shall combine 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 plan.
(d)
Landscape plans shall be submitted to the Conservation Board
for recommendation to the Planning Board.
D. Design regulations for principal structure and uses.
(1)
Minimum lot area. Having achieved all goals of the Conservation
Management Overlay District, the minimum lot size may be reduced to
no less than 8,500 square feet, provided that any and all such area
that is not designated to serve as residential areas, roads, or other
public purposes be set aside and restricted on the subdivision plat
for use by inhabitants as common open space, parkland, or recreational
purposes of an active or passive nature.
(2)
Minimum lot width. The required minimum lot width shall be no
less than 60 feet.
(3)
Minimum front setback.
(a)
Interior public streets. Minimum front setback measured from
the right-of-way is 30 feet.
(4)
Minimum side setback. The side setback may vary depending on
the design and arrangement of the building, drives and common open
space. However, there shall be a minimum setback distance of five
feet from any property line, and the total side lot setback shall
be a minimum of 20 feet for each lot. Additionally, the minimum distance
between adjacent dwellings shall not be less than 20 feet.
(5)
Minimum rear setback. No principal building shall extend closer
than 30 feet to the rear lot line. The minimum distance between dwellings
backing up to each other shall not be less than 60 feet.
(6)
Maximum lot coverage. The maximum lot coverage shall be 42%.
(7)
Maximum structure height. The maximum structure height shall
not exceed two stories or 35 feet and shall be in accordance with
the R-1 Residential District within the Town of Orchard Park. The
maximum unattached accessory height shall not exceed 18 feet.
(8)
Minimum habitable floor area, for dwellings only, shall be in
accordance with R-1 Districts, Town of Orchard Park minimum.
(9)
Arrangement, access and other requirements.
(a)
Dwelling units may only be arranged on interior public streets.
(b)
Each dwelling unit must be accessible by means of a public street
to service vehicles and emergency vehicles.
(c)
The standards of design and construction for interior public
streets shall meet applicable Town specifications for public streets.
However, pavement widths may be reduced to 24 feet. In addition to
pavement widths, thirty-inch concrete gutters must be installed on
each side of all designated interior public streets.
(d)
Within the CMO District, the center line radius of curves can
be reduced to a minimum of 100 feet.
(e)
The location, design, and construction of all public facilities
shall meet all applicable specifications and must be adequate to serve
the needs of the development.
(f)
The procedures for the preservation and maintenance of all pedestrian ways and common open space shall be the responsibility of the homeowners' association identified in Subsection
C(5).
(g)
Sidewalks (optional) are to be a minimum width of four feet and are to be placed on both sides of the road one foot inside the ROW. The maintenance and repair of sidewalks as defined in Chapter
120, Article
II, of the Town Code is to be the responsibility of the homeowners' association for the CMO.
E. Site plan review.
(1)
A petitioner seeking to create a Conservation Management Overlay District shall make application in compliance with Article
X, Amendments, of the Zoning Ordinance. Creation of a Conservation Management Overlay District shall be considered an amendment to the Zoning Ordinance.
(2)
The Planning Board shall review the proposed development in accordance with the subdivision review process, landscape and screening regulations in §
144-46C(5), Proper landscaping.
(3)
Subdivision lots shall be created to allow owners flexibility in the private use of their lots. The homeowners' association shall regulate and control any changes to private lots that are requested by the owner of the lot. The minimum lot size for each dwelling unit is in accordance with supplemental height, lot, yard and bulk regulations as listed in Subsection
D.
(4)
All other lands are to be common (area) property, which is a
parcel or parcels of land, together with improvements therein, the
use and enjoyment of which are shared by the owner/occupants of the
single-family detached housing and who are members of the homeowners'
association approved by the State of New York Department of Law (Attorney
General's Office).
(5)
The architectural style of all new structures must be reviewed
and approved by the Planning Board. The applicant shall provide the
Planning Board with building elevations, plans, and color renderings.
A list of proposed building design materials shall also be provided.
(6)
Any applicant seeking a Conservation Management Overlay District
designation will be prohibited from using § 339-y of the
Real Property Law of New York State.
(7)
Fees. The Conservation Management Overlay District shall be
subject to the following fees: public hearing fees, recreation fees
(if land is not taken in lieu of recreation fees) and subdivision
development fees.
[Amended 5-4-2022 by L.L. No. 2-2022]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-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, or an establishment
with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET
A 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.
ADULT MINI MOTION-PICTURE THEATER
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.
ADULT MOTION-PICTURE THEATER
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.
CANNABIS DISPENSARIES
A public or private establishment or facility, whether fixed
or mobile, operated in accordance with New York State laws, local
Town laws and regulations where cannabis, and/or cannabis products
are offered for retail sale, including a facility that delivers cannabis
and/or cannabis products as part of a retail sale.
PERSON
Any person, firm partnership, corporation, association or
legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
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.
B. Restrictions for adult uses, including, but not limited to, adult
bookstore, adult motion-picture theater, adult mini motion-picture
theater, adult entertainment cabaret and cannabis dispensaries, shall
be permitted, subject to the following restrictions.
(1) No such adult use shall be allowed within 1,500 feet of another existing
adult use.
(2) No such adult use shall be located within 1,500 feet of the boundaries
of any zoning district which is zoned exclusively for residential
use (those zones designated R-1, R-2, R-3 or R-4).
(3) No such adult use shall be located within 1,500 feet of an existing
school or place of worship.
(4) Adult uses shall be classified as a special exception use in the I-1 District and shall not commence operation until securing a permit pursuant to Article
VI of this chapter, entitled "Special Uses."
(5) Adult use hours of operation will be 10:00 a.m. to 10:00 p.m.
C. Registration.
(1) The owner of a building or premises, his 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 Town
Clerk of the Town of Orchard Park:
(a)
The address of the premises.
(b)
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.
(c)
The name of the business or the establishment subject to the
provisions of this section.
(d)
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.
(e)
The date of initiation of the adult use.
(f)
The nature of the adult use.
(g)
If the premises or building is leased, a copy of said lease.
(2) It is a violation of this section 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 Town Clerk.
D. Display 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 Town Clerk.
E. Public observation prohibited. 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 provision shall apply to any display, decoration,
sign, show window or other opening.