Town of Orchard Park, NY Article V Supplementary Use Regulations

§ 144-27 Amusement uses.

Amusement uses, such as amusement centers, bowling alleys and similar places of amusement, shall comply with the following regulations:

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 § 144-25.

C. Illuminated signs and other 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.

§ 144-28 Essential services facilities.

A. Essential services: 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.

(3) Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 144-25.

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, and 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; where applicable, the landscaping regulations of § 144-25 shall apply.

§ 144-29 Automotive facilities; parking.

A. Off-street parking. In all districts, in connection with every business, institutional, recreational, residential or any other use, there shall be provided, at the time any new building or structure is built, altered or erected, off-street parking spaces open to the public at no charge for automobiles in accordance with the requirements set forth herein:

(1) Size and access.

(a) Each off-street parking space shall be 10 feet by 18 feet, exclusive of access drives and aisles.

[Amended 8-15-2001]

(b) Each off-street parking space in an industrial park which contains 60 or more acres shall have an area of not less than 162 square feet, exclusive of access drives or aisles, and shall have nine feet zero inches minimum width.

(2) The number of off-street parking spaces required shall be as set forth in the off-street parking schedule below. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the Planning Board may specify the number of parking spaces which shall be required.

[Amended 8-6-1997; 4-27-2011 by L.L. No. 1-2011]

(3) Required off-street parking in R, B and D-R Districts. In R, B and D-R Districts, off-street parking spaces for vehicles shall be required as follows:

[Amended 7-15-1987]

(a) Dwellings: two off-street parking spaces for each dwelling unit. For multiple dwellings: two parking spaces for each one- or two-bedroom unit and 2 1/2 parking spaces for each three-bedroom unit.

(b) Roadside stands: one off-street parking space for each 300 square feet of display area, but not less than a total of three.

(c) Retail or mercantile establishments, stores or service shops: one off-street parking space for each 200 square feet of floor area, exclusive of parking areas provided for employees on the same premises. Additional off-street parking may be required by the Town Board in the case of shopping centers on sites of two acres or more.

(d) Professional or business offices: one off-street parking space for each 300 square feet of floor area, plus one space for each office or suite of offices of the same tenancy.

(e) I-1 District uses: one off-street parking space for each 500 square feet of floor area, exclusive of parking areas provided for employees on the premises.

(f) Auditorium, hall, theater, church or other place of public assembly: one off-street parking space for every three seats in such place of public assembly.

(g) Places of recreation or amusement: one off-street parking space for each 100 square feet of floor area.

(h) Bar, cafe, restaurant or other eating place: one off-street parking space for each two seats in such place, but no fewer than one parking space for each 150 square feet of floor area.

(i) Automobile, trailer, mobile recreation equipment or boat dealers: one off-street parking space for each 500 square feet of floor area, exclusive of parking areas provided for employees on the premises and exclusive of areas used for display of products during permitted hours.

(j) Uses which must be approved. Off-street parking spaces for uses which must be approved by the Town Board and/or the Zoning Board of Appeals shall be as required by either or both of such Boards.

(4) Vehicle parking shall be prohibited in the front yard of B Commercial or in any area set forward of a building when the majority of the building front is at a greater setback than the front line of the building. Parking in the front yard shall be permitted in a business or shopping center in the B1 Zone, but not in that area extending the full width of the lot and situated between the street line and the line parallel to the street line a distance of at least 50 feet.

[Amended 11-20-1996; 4-27-2011 by L.L. No. 1-2011; 8-4-2021 by L.L. No. 1-2021]

(5) Vehicle parking areas in D-R Development and Research Zones and I Industrial Zones shall be as approved by the Planning Board.

[Added 7-15-1987; amended 8-4-2021 by L.L. No. 1-2021]

(6) Landscape areas.

[Added 9-21-1994]

(a) Not less than 10% of the interior of a parking area including access drives or aisles designed for 41 or more parking spaces shall be devoted to the required landscape area and shall meet the requirements of § 144-44C(1). The parking area interior landscape area shall be considered as part of the § 144-44C(1) minimum landscaped open requirements. In the event that an existing parking area containing more than 40 parking spaces is altered or an existing parking area is added to the same site so that the number of parking spaces on the site exceeds 40, the Planning Board, in consultation with the Conservation Board, shall determine the extent to which the requirements of this section shall apply to such existing and additional parking areas.

[Amended 8-15-2001]

(b) Each interior landscape area shall have a minimum area of 64 square feet and a minimum width of five feet. The entire interior landscape area shall be within the parking area and may be of peninsular or island design.

[Amended 8-6-1997]

(c) Interior landscape areas may not exceed 5,000 square feet, unless waived in the discretion of the Planning Board with a recommendation from the Conservation Board.

(d) Each interior landscape area shall have an approved tree per § 144-44C(1) planted at the minimum ratio of one tree per 100 square feet of interior landscape island.

(e) All landscape areas shall be provided with adequate protection to limit the destruction of landscaped areas by vehicles or snow removal.

B. Off-street loading. In any district, in connection with every building or building group or part thereof hereafter 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: 4,000 to 50,000 square feet, one space; for each additional 25,000 square feet, one space. 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. Automotive service station.

(1) General location. No more than two service stations shall be permitted at any street intersection. Service stations shall be no closer than 1,500 feet to each other on the same side of the street.

(2) Location of exits and entrances. No automotive service station shall have an entrance or exit for vehicles within 300 feet, as measured along the right-of-way, of an existing school, public playground, church, chapel, convent, hospital, public library or any residential district. Such access shall be not closer to any intersection than 30 feet.

(3) Width. Minimum width shall be 175 feet on one street or 175 feet on each street if at a corner location.

(4) Building size and setback. Size shall be 400 square feet minimum, and setback shall be 75 feet minimum.

(5) 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.

(6) Automotive pumps. Automotive service stations shall have their gasoline pumps, including other service facilities, set back at least 40 feet from any right-of-way. A canopy over gas pumps shall be 25 feet minimum from right-of-way.

D. The applicant must present a marketing survey showing traffic counts.

E. Installed parking reduction. The Town Board may grant up to a twenty-percent reduction of the required installed on-site parking spaces upon a favorable recommendation of the Planning Board. The Planning Board shall require the applicant requesting a reduction of the installed parking spaces to submit a parking field analysis by a professional engineer detailing a parking use study versus the Town Code minimum parking requirements to justify the request. The site plan shall detail where the reduced parking spaces can be installed in the future if deemed required by the Planning Board. The reduced parking area shall be landscaped, but shall not count towards the site's required minimum green space.

[Added 8-16-2017 by L.L. No. 8-2017]

§ 144-30 Accessory uses.

A. Limitations. In any A or R District, the permitted accessory uses shall not include the following:

(1) Establishment of any new access driveway to business or industrial premises unless approved by the Town Board.

(2) Storage of flammable liquids of Class I in quantities greater than 10 gallons on any lot; except that, bottled gas for domestic purposes on the premises where stored, and storage of gasoline on a farm for the use of the occupant of the farm, in a manner and place acceptable to and approved by the Board of Fire Underwriters, shall be permitted.

(3) 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 night-time operation. The foregoing restriction with respect to licensing shall be waived to allow the resident office of a licensed real estate or insurance agency or broker or licensed professional person in any district where expressly permitted.

(4) Erection of permanent elevated structures to provide artificial lighting for recreational facilities, which structures exceed six feet in height and/or provide light of an intensity in excess of three footcandles at the property line. In no event shall any permanent elevated structure to provide artificial lighting be permitted to constitute a nuisance to neighbors.

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 that:

(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 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) A bond satisfactory in form and amount to the Town Board is furnished to ensure compliance with the requirements of this section.

C. Swimming pools.

(1) General provisions.

(a) All swimming pools, spas and hot tubs shall comply with the regulations set forth in the New York State Residential and Building Codes for pools. In addition, all private swimming pools in the Town of Orchard Park over 300 cubic feet in capacity moved, erected, constructed or excavated either above, below or partly above or below grade level shall require a building permit.

[Amended 4-27-2011 by L.L. No. 1-2011]

(b) Building permit applications shall be made to the Building Department and accompanied by:

[1] Two complete sets of construction plans drawn accurately to scale.

[2] Two complete sets of plot plans showing all lot lines, existing structures and yard measurements, drawn accurately to scale.

(c) All plans for swimming pools of capacity in excess of 2,000 cubic feet shall be designed by a licensed New York State professional engineer or architect.

(d) Each permit shall be accompanied by a fee equivalent to that fee required for accessory structures as set forth in this chapter.

(e) A pump house, filter house or structure erected in connection with any such pool shall require a building permit and shall comply with the Town of Orchard Park Building[1] and Zoning Ordinances.[2]

[1] Editor's Note: See Ch. 45, Building Construction.

[2] Editor's Note: Former Subsection C(1)(f), Definitions, which immediately followed, was repealed 4-27-2011 by L.L. No. 1-2011.

(2) (Reserved)[3]

[3] Editor's Note: Former Subsection C(2), Plumbing and electrical, was repealed 4-27-2011 by L.L. No. 1-2011.

(3) Fencing.

(a) No swimming pool as decribed in Subsection C(1), any part of which is below grade level, shall be installed unless:

[1] There shall be erected and maintained a fence having a minimum height of four feet and a maximum height of six feet and so constructed as will not shut off light or air to any building. Such fence must be completely installed prior to filling such swimming pool.

[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. All latching and locking devices shall be at a minimum of four feet above the base of the fence. 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 unsupervised by an adult.

[3] Such fence shall be designed to prevent access to such pool.

(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 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 being supervised by the owner thereof.

(4) Noise. The use of megaphones, loudspeakers and public-address systems shall be prohibited and the use of any sound-producing or reproducing device, including human voice, shall comply with the provisions of the Town of Orchard Park Noise Ordinance.

(5) Lights. Any artificial lighting used in connection with swimming pools shall comply with the plot plan as approved by the Building Inspector. 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 owners or occupants 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 subsection in addition to any state, town and county regulations pertaining to public swimming pools.

(c) No swimming pool shall be located closer than 10 feet to any building nor closer than 10 feet to any rear lot line. No swimming pool shall occupy more than 10% of the total area of the premises.

(d) No swimming pool will be permitted in a front yard or required side yard.

[Amended 4-27-2011 by L.L. No. 1-2011]

(7) Penalties for offenses. Any person who shall violate this subsection shall be guilty of an offense and, upon conviction, shall be subject to a fine of $100. Each week's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the Town of Orchard Park may enforce obedience of this subsection or any part thereof by injunction to restrain such violation. If any provision of this subsection shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect, impair or invalidate the remainder of the chapter. This subsection shall take effect immediately upon publication, in accordance with the provisions of law.

D. Farm stands. On any farm, a temporary stand for the sale of produce of such farm may be located not less than 15 feet from the street line, provided that such stand has a ground area of not more than 100 square feet.

E. Home occupations.

(1) A home occupation operated in any dwelling unit may be operated only if it complies with all of the following conditions and receives special exception use:

(a) Where permitted. The occupation is within a single dwelling unit or in a building or other structure accessory to a dwelling unit and only by the person or persons maintaining a dwelling therein.

(b) Evidence of use. The occupation does not display or create outside the building any evidence of the home occupation, except that one unanimated, nonilluminated flat or window sign having an area of not more than 60 square inches shall be permited on each street front of the lot on which the building is situated.

(c) Extent of use. The occupation does not utilize more than 30% of the gross floor area of the dwelling unit, except foster family care.

(d) Permitted uses. The occupation 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:

[1] Medical and dental offices.

[2] Other professional offices, including lawyer, engineer, architect, etc.

[3] Custom dressmaking, seamstress, milliner.

[4] Artist or musician.

[5] Foster family care for not more than four children simultaneously.

[6] Tutoring for not more than one student at a time.

(e) The occupation produces no offensive noise, smoke, dust, odors, heat, glare or traffic hazard or congestion.

(2) If at any later date the home occupation use shall change so that any of the above conditions are not met, the owner of the residence must discontinue the home occupation use.

F. Short-term rentals.

[Added 11-7-2018 by L.L. No. 14-2018]

(1) Purpose. The purpose of this chapter is to control and regulate the use of short-term rentals within the Town of Orchard Park. The Orchard Park Town Board finds that unhosted short-term rentals threaten the residential character and quality of life of the neighborhoods where such uses exist because they tend to attract excessive noise, disorderly conduct, the accumulation of refuse, and other nuisances. The provisions of this subsection are intended to preserve and protect the health, character, safety, and general welfare of the residential neighborhoods where such uses may exist and to mitigate the adverse effects of short-term rentals.

(2) Definitions. As used in this chapter, the following terms shall have the meanings indicated:

HOSTED

The on-site presence of the owner at the property during the duration of the rental period.

OCCUPANTS

The person(s) renting the short-term rental. For purposes of this chapter, "occupants" includes their guests and any sublessees.

OWNER

The permanent resident of the dwelling, and/or person(s) or entity that holds legal and/or equitable title to the short-term rental, or an agent of the owner who is authorized to take remedial action and to respond to any violation of this chapter.

SHORT-TERM RENTAL

(a) One or more dwellings, as that term is defined in § 144-5, and excluding bed-and-breakfasts, for which rent is received by the owner, directly or indirectly, in exchange for residential occupation:

[1] For periods of not less than one night and not more than 30 consecutive days to the same occupants for the same dwelling; and

[2] Where the total days the dwelling is rented to all occupants in one calendar year exceeds 30 days.

(b) The advertisement of the potential availability (as stated above) of the dwelling for rent on short-term rental websites shall create a presumption that the dwelling is a short-term rental.

(c) Ongoing month-to-month tenancies are excluded from the provisions of this chapter.

UNHOSTED

The absence of the owner on site at the property during the duration of the rental period.

(3) Short-term rental requirements.

(a) Unhosted short-term rentals shall be prohibited in all zoning districts.

(b) Hosted short-term rentals shall be prohibited unless a short-term rental permit (hereinafter STRP) is issued by the Planning Board as provided herein. A separate STRP shall be required for each short-term rental property. The STRP requirements of this chapter are in addition to any business license, tax registration, or any other permit or licensing requirements that may be required under state or county law.

(4) Application for STRP.

(a) Application information. An application for a STRP shall be made to the Planning Board, and shall be subject to public notice and hearing. STRP applications shall contain the following information:

[1] The name, address, telephone number, emergency telephone number, and e-mail address of the owner [including any authorized agent(s)] who will be on site for the duration of any rental period, and a secondary emergency contact individual;

[2] The number of bedrooms and approximate square footage of the dwelling and the maximum number of overnight occupants;

[3] An acknowledgment that the subject property meets all local building code and Uniform Code requirements;

[4] A diagram and/or photograph of the property showing and indicating the number and location of designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants;

[5] If the application is for the renewal of a STRP, the record of all calls or complaints made in the preceding five years, as set forth in § 144-30F(7)(a)[7];

[6] An acknowledgment that the owner, agent(s), and secondary emergency contact individual have read and are familiar with the regulations contained in this chapter; and

[7] A certification of the accuracy of the information submitted, and an agreement to comply with any and all conditions of the STRP.

(b) Preexisting short-term rentals. Notwithstanding any other provision of this chapter, short-term rentals already in existence at the effective date of this chapter, whether hosted or unhosted, shall be required to comply with the requirements of this chapter within 60 days of its effective date.

(c) Inspection. In evaluating an application for a STRP, the subject property shall be inspected by the Town Code Enforcement Officer to determine maximum parking capacity for the property and to verify compliance with the provision of this chapter and the New York State Uniform Fire Prevention and Building Code. Upon an application for renewal of a STRP, the subject property shall be reinspected to insure continued compliance with this chapter.

(d) Public hearing notification. The Town shall notify all property owners within 1,000 feet of the subject property, in writing, that an application has been submitted for a STRP to allow the subject property to be used as a short-term rental. This notification shall clearly state the following information:

[1] The name of the owner, agent(s), and secondary emergency contact individual for the property and a telephone number at which those parties may be reached on a 24-hour basis;

[2] The maximum number of occupants allowed to stay overnight in the dwelling; and

[3] The maximum number of vehicles allowed to be parked on site on the subject property overnight.

(5) Application fee. An application fee for a STRP under this chapter shall be accompanied by a nonrefundable fee in such amount as the Town Board of the Town of Orchard Park may from time to time establish by resolution.

(6) Application review process. The application review process for the issuance of a STRP under this chapter shall comply with the considerations and provisions:

(a) Where the appropriate use of neighboring property will not be substantially injured thereby.

(b) Where the use is permitted, specifically in R-3 and R-4 Zones.

(c) Where the use is designed and located and proposed to be operated such that the public health, safety, and welfare and convenience will be protected.

(d) Where the use will not cause substantial injury to the value of other property in the neighborhood where it is located.

(e) Where the use will be compatible with adjoining development and the proposed character of the district where it is to be located.

(f) Where adequate landscaping and screening are provided in accordance with the circumstances with a view to aesthetic considerations.

(g) Where adequate off-street parking and loading are provided and ingress and egress are so designed as to cause minimal interference with traffic on abutting streets.

(h) Where the use conforms to all applicable regulations governing the district in which it is located.

(7) Conditions.

(a) All STRPs issued pursuant to this chapter are subject to the following standard conditions:

[1] The owner shall, by written agreement with the renter, limit the number of overnight occupants and their vehicles to the number approved in the STRP application.

[2] The owner shall demonstrate consistent efforts to ensure that the occupants of the property do not create excessive noise, as defined in §§ 87-3 and 87-4 and/or engage in conduct that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others or violates provisions of this chapter. The use of illegal drugs or controlled substances by occupants is prohibited. The owner shall promptly respond to any complaints of violations of this chapter by any occupants of the subject property or by any third-parties.

[3] The owner, upon notification of that occupants of the property have created excessive noises and/or engaged in conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others, or otherwise violated the provisions of this chapter, shall promptly use best efforts to prevent a recurrence of such conduct.

[4] The owner shall post a copy of the STRP and a copy of these standard conditions set forth in this chapter and any other conditions imposed by the Town, in a conspicuous place within the subject property.

[5] The subject property shall, at all times, regardless of whether the property is occupied, be in compliance with the Town Code and the New York State Uniform Fire Prevention and Building Code, and any other applicable laws and codes.

[6] All occupants of the subject property shall observe quiet hours, which shall be between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, and 11:00 p.m. and 7:00 a.m., Friday and Saturday. Excessive noises and/or conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others shall constitute a violation of this chapter and may be grounds for revocation of the STRP.

[7] Call response availability. The owner and/or agent(s) and second emergency contact person shall be personally available by telephone on a 24-hour basis to respond to calls or complaints regarding the condition or operation of the subject property. Failure to respond to calls or complaints in a reasonable time and appropriate manner shall constitute a violation of this chapter and may be grounds for revocation of the STRP. For the purpose of this chapter, responding in a reasonably timely and appropriate manner means that an initial call shall be responded to within one hour of the initial call, and any corrective action shall be commenced within 24 hours of the initial call. The owner shall maintain a record of each caller or complainant, details of the call or complaint, the date and time of each call or complaint, details of the owner's response and corrective action, and any other documentation associated with such call or complaint, and shall provide such records to the Town upon demand, and/or as part of any revocation hearing or application for renewal of the STRP.

(b) The Planning Board shall have the authority to impose additional conditions related to the use of the subject property as a short-term rental as may be deemed necessary to achieve the objectives of this chapter.

(8) Permit term. A STRP issued under this chapter shall be valid for one year from the date of issuance, subject to subsequent renewal periods of one year to three years, at the discretion of the Planning Board, based on the history of complaints and violations under this chapter relating to the subject property during the preceding permit period.

(9) Notification requirements. Each short-term rental shall have a clearly visible and legible notice posted within the property on or adjacent to the interior of the front door, containing the following information:

(a) The name of the owner, agent(s), and secondary emergency contact individual, and a telephone number at which each individual may be reached on a 24-hour basis;

(b) The maximum number of occupants permitted to stay in the short-term rental;

(c) The maximum number of vehicles allowed to be parked on the subject property;

(d) Quiet hours shall be between the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 11:00 p.m. to 7:00 a.m. Friday and Saturday, and that excessive noises and/or conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others shall be a violation of this chapter.

(e) Rules for the disposal of refuse, including but not limited to the refuse of pickup day.

(f) Notification that occupants may be cited and fined for creating a disturbance or for violating other provisions of this chapter of the Town Code; and

(g) Notification that failure to conform to the parking and occupancy requirements of the subject property is a violation of this chapter.

(10) Enforcement; penalties for offenses.

(a) Enforcement officials. It shall be the duty of the Code Enforcement Officer to enforce this chapter and to bring to the attention of the Town Board any violations or lack of compliance herewith.

(b) Violations. Any person, firm, company, or corporation who or which fails to comply with or violates any of the provisions of this chapter shall be guilty of an offense and subject to the penalties for that offense or offenses.

(c) Penalties. For each violation, any person, firm, company, or corporation who or which neglects or refuses to do any act required by this chapter shall be guilty of an offense and shall be punishable as follows:

[1] For the first offense: A fine of up to $350 or imprisonment for up to six months, or both.

[2] For the second offense within five years: A fine of $350 to $700 or imprisonment for up to six months, or both.

[3] For the third offense within five years: A fine of $700 to $1,000 or imprisonment for up to six months, or both.

[4] Each subsequent offense after the third offense within five years shall be punishable by a fine of $1,000 or imprisonment for up to six months, or both.

[5] Upon the fourth offense within five years and upon each offense thereafter within the preceding five years, the STRP may be revoked by the Code Enforcement Officer.

[6] Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of this chapter, to recover damages, to restrain, correct or abate a violation, and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above. Consequently, the Town Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent an illegal act, conduct, business or use in and about such premises.

(11) Revocation of STRP.

(a) Upon the occurrence of the events identified in § 144-30F(11)(e), the Town Code Enforcement Officer shall notify the Town Board, Planning Board, and the owner of the same, in writing, and the Planning Board may, in its discretion, hold a public hearing to determine whether the STRP should be revoked.

(b) Such public hearing shall be held by the Planning Board no more than 60 days from the date the notification from the Code Enforcement Officer in § 144-30F(11)(a) is delivered to the owner. Notice of the hearing shall be delivered to the owner in person or by mail to the address given in the application and shall be published once in a newspaper having a circulation within the Town of Orchard Park. Said notice to the owner and publication shall be not less than 10 days before the date of the hearing. Written notice of such public hearing shall also be given, personally or by mail, to property owners within 1,000 feet at least 10 days before the date set for the public hearing; if such notice is given by mail, the ten-day period shall be deemed to commence upon deposit with the United States Postal Service.

(c) At the time and place set for the public hearing, the Planning Board shall take the testimony, under oath, of the owner and all other persons wishing to be heard, as to why the STRP should not be revoked, and shall receive into the record any documentary evidence submitted either for or against revocation.

(d) After the public hearing, the Planning Board shall, within 30 days, determine in writing whether or not the STRP should be revoked, or permitted to continue, either with or without additional conditions, and shall give notice of its determination to the owner by mail.

(e) A STRP may be revoked upon any of the following grounds:

[1] Fraud, misrepresentation or false statement contained in the application for the STRP;

[2] Upon the occurrence of the events identified in § 144-30F(11);

[3] Any failure or refusal to maintain the short-term rental in compliance with the Town Code and the New York State Uniform Fire Prevention and Building Code, and any other applicable laws and codes;

[4] Any violation of this chapter or any standard or additional conditions of the STRP; or

[5] Upon the occurrence of any conduct at the property which results in the issuance of a misdemeanor or felony complaint against the owner or any occupant of the short-term rental.

(f) If a STRP is revoked, all uses of the property as a short-term rental shall cease within 30 days of the date of the Planning Board's determination revoking said permit. A property for which a STRP was previously revoked may be subject of a new STRP no sooner than 12 months after revocation.

§ 144-31 Prohibited uses.

[Amended 5-6-1987; 12-4-1991; 11-15-2017 by L.L. No. 18-2017; 9-17-2025 by L.L. No. 1-2025]

A. Nothing contained in this chapter shall be construed as permitting in any district the erection or operation of buildings or structures or the use of land for any purpose which shall constitute a nuisance or for any of the following purposes:

(1) Abattoir, commercial feed lot, stockyard or slaughterhouse.

(2) Acetylene gas manufacture for commercial purposes.

(3) Ammonia, chlorine or bleaching powder manufacture.

(4) Blast furnaces, rolling mills or smelter works.

(5) Carbon, lampblack or graphite manufacture.

(6) Cement, gypsum, lime or plaster manufacturing or processing.

(7) Coke ovens.

(8) Creosote manufacture or treatment.

(9) Dead animal, offal, garbage or sewerage reduction or treatment or storage, except where controlled by the town.

(10) Distillation of coal, wood or bones.

(11) Dyestuff manufacturing.

(12) Fertilizer manufacturing.

(13) Gas manufacturing or storage, except not in excess of 10,000 cubic feet of illuminating or heating gas when used within the town limits.

(14) Glue, size, gelatin manufacture.

(15) Gunpowder, fireworks or other explosive manufacturing or storage.

(16) Iron, steel, brass or copper foundries.

(17) Junkyards, dumps, automobile wrecking and old car or appliance storage yards.

(18) Match manufacturing or storage in bulk.

(19) Oilcloth and linoleum manufacture.

(20) Ore reduction or the smelting of iron, copper, tin, zinc or lead.

(21) Paint, oil, varnish, turpentine, shellac or enamel manufacture.

(22) Petroleum storage or refining, except:

(a) Storage of petroleum products in garages or oil filling stations under conditions allowed by law and by the ordinances of the town.

(b) Underground storage of petroleum products in the I Zone. Such storage shall comply with all applicable state and local laws and regulations.

(23) Piggeries.

(24) Printing ink manufacture.

(25) Rubber or gutta-percha manufacture from crude or scrap materials; rubber reclaiming or processing.

(26) Soap, tallow, grease or lard manufacturing or rendering.

(27) Soda or washing compound manufacture.

(28) Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.

(29) Tanning, curing or storage of rawhides or skins.

(30) Tar distillation and tar roofing manufacture.

(31) Wool pulling or scouring.

(32) Yeast manufacture.

(33) Those uses which are noxious, offensive or hazardous by reason of dust, fumes, gas, glare, lights, noise, refuse matter, smoke or any waterborne or airborne waste.

(34) The manufacture or processing of any substance or product which results in waste material which is radioactive.

(35) The permanent or temporary occupancy for dwelling purposes of any accessory building or a portion of the principal building prior to the completion of the exterior of the principal building.

(36) Parking off the public highway of vehicles used for commercial or industrial purposes in any R District except:

(a) Where such vehicle is being used during the course of construction, alteration or repair of the building or buildings on the premises where parked. Said vehicles shall not exceed 22 feet in overall length and approved by the Code Official.

(b) Where the commercial vehicle is owned by any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Orchard Park and does not exceed a capacity of one ton and/or does not exceed 22 feet in overall length. Not more than one such vehicle may be housed or parked in a private garage or off-street parking area, but such vehicle may not be housed or parked in any front yard or within 10 feet of a side lot line.

(c) Where the commercial vehicle is being stored, inside or outside, in the A-1 District in connection with the operation of a farm as defined by this chapter.

(37) The permanent or temporary occupancy for any purpose of any trailer or mobile home parked in any district, except:

(a) Office trailers may be used as temporary office space in a B-2 Zone, provided that:

[1] The use of the trailer is permitted in this chapter.

[2] A plan is submitted showing location of any permanent buildings, driveways or physical characteristics of the land or site at which the trailer is to be located.

[3] The trailer has no water or sanitation facilities connected to it.

[4] The trailer shall be occupied for a period not to exceed one year, subject to review and renewal by the Town Board.

[5] The owner of the trailer shall pay a fee of $50 plus $1 per square foot of floor space in such trailer.

(38) The storage of mobile homes, motor homes, house trailers, travel trailers, truck campers (unmounted), utility trailers, boat trailers, camping trailers, commercial or industrial machinery or boats in the front yard or required side yard or side yard facing a street of any premises in any district. It shall be prohibited to park any recreational vehicle or trailer on a Town Road. The restrictions herein set forth shall not apply to any such vehicle parked within the area described herein for a time period less than eight hours for the purpose of loading and/or unloading the said trailer.

(39) Businesses which are exclusively engaged in the leasing or contracting of trucks for use as a common carrier.

(40) Those uses which involve toxic substances, specifically desigated as such by statute or state regulations.

(41) Burying of brush. Burying of brush, wood and other organic materials in quantities of five cubic yards or more, unless a survey showing the location of said burial material is filed with the Town Engineer within three days of burial.

(42) The storage of wood in the front yard or between the side street lot line and principal building on a corner lot in any R or A District.

(43) A trailer or detached truck body for storage purposes, in any zone, whether on wheels or other supports. For the purpose of this subsection, the following exception shall apply:

(a) Any trailer designed primarily for personal occupancy or recreational use.

(b) Any trailer used in connection with construction of a structure for which a building permit has been issued may remain on the construction site for the duration of construction, but in no event for more than one year, unless otherwise extended by the Planning Board. The number of any such construction trailers shall be limited to one per 5,000 square feet of building under construction.

(c) Any trailer which is in use in violation of this subsection as of the date of its enactment is permitted to continue in use for a period not to exceed one year from the effective date hereof.

(44) Sale of used motor vehicles except for:

(a) Sale by a franchised automobile dealer.

(b) Casual sale by an individual, partnership or corporation of a used motor vehicle which was previously used by the seller for personal use only. Roadside display of such vehicles shall not exceed 60 days.

(45) The commercial collection, storage or disposal of nuclear waste and medical or surgical waste materials, except in hospital, nursing home, medical, dental or veterinary facilities.

(46) Unmanned aircraft take-offs and landings.

(a) It shall be unlawful for any person to take off or land in any zone within the Town of Orchard Park an unmanned aircraft or unmanned aircraft system within one mile of and within two hours before or after an open air event sponsored by the Town of Orchard Park and located within the Town of Orchard Park, such events including, but not limited to, parades, concerts, street dances, festivals, art shows, sporting events and recreational events.

(b) It shall be unlawful for any person to take off or land an unmanned aircraft or unmanned aircraft system within two miles of the New Era Field Complex on the day of any event held at the New Era Field Complex and four hours prior to or four hours after any event held at the New Era Field Complex.

(c) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

NEW ERA FIELD COMPLEX

All of the approximately 197.65 acre parcel of land situated in the Town of Orchard Park, New York, locally known as "One Bills Drive," inclusive of New Era Field, the ADPRO Sports Training Center, the Fieldhouse, parking lots, entrances, walkways and practice fields.

UNMANNED AIRCRAFT

[1] A device that is intended to navigate in the air without an onboard pilot; and

[2] An aircraft that is operated without the possibility of human intervention from within or on the aircraft. Unmanned aircraft are also referred to as "drones."

UNMANNED AIRCRAFT SYSTEM

An unmanned aircraft and associated elements (including communications links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.

(d) Exceptions; express written permission required. The takeoff or landing of an unmanned aircraft or unmanned aircraft system as proscribed herein may be permitted pursuant to written permission issued by the Town of Orchard Park. This permission, when issued, will be subject to all applicable Federal Aviation Administration (FAA) regulations.

B. Exceptions.

(1) Franchised automobile and truck dealers. Outside storage shall be permitted as follows:

(a) Motor vehicles able to pass inspection pursuant to the New York State motor vehicle inspection standards as provided by the Vehicle and Traffic Law of the State of New York and all rules and regulations promulgated by the Commissioner of Motor Vehicles for the periodic inspection of motor vehicles in the state and as the same may be amended from time to time: six months.

(b) Other motor vehicles: 30 days.

(2) Garages, public. Outside storage of motor vehicles shall be permitted for a period not to exceed 30 days.

C. Penalties for offenses. Violations of this article shall be punishable by a maximum fine of $250 per day from the date of violation notice is served or by imprisonment for not more than 15 days, or both.

§ 144-32 Miscellaneous uses.

A. Animal housing.

(1) No storage of manure or other odor-producing or dust-producing substance or use shall be hereafter established and no building or pen shall be used, erected or changed in use to house or contain horses or other farm animals, chickens or other fowl or a dog kennel except on a farm as herein defined nor within 100 feet of any property line of such farm or of a stream or waterway.

(2) Location and minimum size of riding academies, private and public stables and dog kennels.

(a) Riding academies. Minimum size in area shall be 10 acres. Riding academies can be located in A or B-2 Districts. Riding lessons and/or public equestrian demonstrations, exhibitions, shows or sales shall be permitted. No building or pen storage of manure or other odorproducing substance shall be located closer than 150 feet to any property line.

(b) Private stables. Minimum size in area shall be five acres. Private stables can be located in any A, any R or B District. Riding lessons and/or public equestrian demonstrations, exhibitions, shows or sales shall not be permitted. No building or pen storage of manure or other odor-producing substance shall be located closer than 150 feet to any property line.

(c) Public stables. Minimum size in area shall be five acres. Public stables can be located in any A, any R or B-2 District. Riding lessons shall be permitted, but public equestrian demonstrations, exhibitions, shows or sales shall not be permitted. No building or pen storage of manure or other odor-producing substance shall be located closer than 150 feet to any property line.

(d) Dog kennels. Minimum size in area shall be two acres. Dog kennels can be located in B-2 District. No building or pen storage of manure or other odor-producing substance shall be located closer than 150 feet to any property line.

(3) Requirements for dog or pet boarding kennels.

(a) The kennel proper must be at least 150 feet from a lot line if abutting any residential or agricultural district and/or at least 150 feet from any existing dwelling on adjacent property.

(b) The building must be of soundproof construction and be served by an adequate sewer or septic system.

(c) No outside storage shall be permitted.

(d) Manure is to be disposed of twice weekly, minimum.

(e) No dog shall be allowed outside between the hours of 6:00 p.m. and 8:00 a.m.

(4) Annual license renewal for riding academy and public stables.

(a) Upon receiving a special exception use, the owner shall pay a license fee of $50 to the Town Clerk. Thereafter, on the annual basis the owner must appear before the Town Board for its approval for the one-year renewal of the license at the same fee of $50.

[Amended 8-6-1997]

(b) The Town Board may refuse to renew the license after taking into consideration the changing development of the immediate area; compliance with sanitary and health regulations; compliance with such sanitary, health or other regulations as may be specifically set forth on the application for licensing of a special exception use or renewal thereof; and the public safety, health and general welfare.

B. Public utilities. 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 Town 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.

C. Sanitation. Dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Town 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, 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.

D. Storage of flammable liquids or gas. No storage of Class I flammable liquid or gas in quantities exceeding 10 gallons or of Class II in quantities exceeding 600 gallons shall be hereafter established except:

(1) In a district where permitted and in conformance with the recommendations of the National Fire Protection Agency, as certified by the Town Building Inspector.

[Amended 4-27-2011 by L.L. No. 1-2011]

(2) Storage of bottled gas for domestic purposes.

(3) In areas zoned B-2, storage of propane gas for the purpose of retail sale in containers which do not exceed 1,000 gallons and in conformance with the recommendations of the National Board of Fire Underwriters, as certified by the Town Building Inspector.

E. Private recreation area regulations.

[Added 10-7-1992]

(1) Minimum acreage. A private recreation area shall encompass an area of at least five acres.

(2) Required parking facilities. A recreation area shall require one parking space for each two memberships.

(3) Buffer strip. A buffer strip area of not less than 20 feet in width shall be provided along all lot lines of a recreation area, and such buffer strip shall include the following:

(a) The buffer strip shall be landscaped with evergreen shrubs and trees. Except along a lot line which adjoins a public highway, street or right-of-way, a screening fence not less than six feet in height shall be installed if, in the judgment of the Planning Board, the safety and welfare of the adjoining landowners will be promoted by such installation.

(b) Whenever a development in a recreation area adjoins a public highway, street or right-of-way, a screening fence of three feet in height shall be installed on a line parallel to the public highway, street or right-of-way.

(c) The finished surfaces of all fences required in Subsection E(3)(a) and (b) shall face the adjoining property.

(4) Pursuant to § 144-43 (Article VI, Special Uses), any application for a building permit or a certificate of occupancy for a private recreation area shall be submitted to the Town Board for special consideration and approval before such permit or certificate is issued.

§ 144-33 Regulation of signs; legislative intent.

[Amended 2-15-1989; 2-20-2002]

A. The purpose of the regulations set forth in §§ 144-33 through 144-42.1 of this chapter (and, as applicable, the definitions set forth in § 144-5B of this chapter) is to regulate existing and proposed signs in order to:

[Amended 2-1-2006 by L.L. No. 1-2006]

(1) Protect the safety and welfare of the public;

(2) Insure the presence of only well maintained and attractive sign displays within the community;

(3) Preserve the aesthetic value of the property in the Town of Orchard Park;

(4) Enhance and protect the physical appearance and environment of the Town of Orchard Park;

(5) Preserve the scenic and natural beauty of the Town of Orchard Park;

(6) Provide for a more enjoyable and pleasing community;

(7) Reduce sign and advertising distraction and obstructions that may contribute to traffic, congestion and/or accidents, while permitting adequate business identification, advertising and communication and noncommercial communication;

(8) Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way;

(9) Reduce hazards to bicyclists and pedestrians that may be caused from signs being placed on or around sidewalks or streets; and

(10) Allow for traffic control devices consistent with national and state standards, and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warnings and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream.

B. Notwithstanding any other provision contained herein to the contrary, noncommercial messages may be contained on any authorized sign.

C. Notwithstanding any other provision contained herein to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

[Added 2-1-2006 by L.L. No. 1-2006]

D. The regulations set forth in §§ 144-33 through 144-43 of this chapter do not pertain to the following:

[Added 2-18-2009 by L.L. No. 3-2009]

(1) A sign located entirely inside the premises of a building or enclosed space.

(2) A statutory sign.

(3) A traffic control device sign.

(4) Any sign located in, or made a part of, or directed or oriented toward the inside of, a stadium or athletic field.

(5) Any sign not visible from a public street, sidewalk or right-of-way, except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.

(6) Government-owned real property that is exempt from municipal zoning regulations by operation of state law.

§ 144-34 Procedures and permits for signs.

[Amended 2-20-2002]

A. Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any permanent sign with a surface area exceeding four square feet in the Town of Orchard Park without first having obtained a sign permit from the Zoning Officer.

[Amended 4-7-2004 by L.L. No. 4-2004; 2-18-2009 by L.L. No. 3-2009]

B. An applicant for a sign permit shall submit an application to the Zoning Officer, which shall include:

[Amended 2-18-2009 by L.L. No. 3-2009]

(1) The name, address and telephone number of the applicant and the owner of the building, structure or property upon which the sign is to be erected.

(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) A rendering exhibiting:

(a) The proposed lettering and the 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; and

(d) A location plan of the position of the sign on the building or property and providing information as to the configuration, material and construction of the proposed sign. An application for a sign permit for a sign on an awning shall show the location, size and construction of the awning and the lettering or pictorial matter to appear thereon.

C. The Zoning Officer shall issue a sign permit if the Zoning Officer concludes from a review of the application that such proposed sign complies with all the requirements of this chapter and all other applicable laws and regulations of the Town of Orchard Park. The Zoning Officer shall advise the applicant of the grant or denial of the permit application within 30 days of the submission of the application. If the application for a sign permit is denied by the Zoning Officer, the Zoning Officer shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial. Nonconforming signs shall be designated as such on the sign permit. Any person aggrieved by the determination of the Zoning Officer in connection with any application for a sign permit may take an appeal from that determination in the manner provided in Article IX of this chapter.

[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006]

D. Traffic control device signs are exempt from the requirements of this chapter.

[Added 4-7-2004 by L.L. No. 4-2004; amended 2-1-2006 by L.L. No. 1-2006]

§ 144-35 General sign requirements.

A. Required sign copy. Each sign shall have the number of the permit marked on its face in a permanent manner.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, Permitted sign copy, was repealed 2-20-2002.

C. Illuminated signs. Except where the premises which the sign advertises is open for business, no signs shall be illuminated after 12:01 a.m. Illuminated signs shall conform to the regulations of the National Board of Fire Underwriters. The source of illumination shall be suitably shielded to eliminate glare and annoyance to passersby or adjacent property.

D. Temporary real estate signs. One temporary real estate sign not exceeding four square feet in size shall be allowed on residential property where the parcel does not exceed 10 acres. One temporary real estate sign not exceeding 20 square feet in size shall be allowed on residential property where the parcel exceeds 10 acres and on nonresidential property. Temporary real estate signs shall not exceed four feet in height if freestanding. Temporary real estate signs shall be set back a minimum of five feet from any lot line. Temporary real estate signs shall be removed within seven business days after the sale, rental or lease of the premises.

[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006; 2-18-2009 by L.L. No. 3-2009]

E. Bulletin boards. No bulletin board may exceed 25 square feet in area. A permit is required for the erection or installation of a bulletin board with a surface area exceeding four square feet to insure that the construction and mounting of the bulletin board comply with the requirements of this chapter and all other applicable laws and regulations of the Town of Orchard Park, and application for a permit should be made in the manner set forth in § 144-34B of this chapter.

[Amended 4-7-2004 by L.L. No. 4-2004]

F. Awning, canopy and covered walkway signs. When lettering or graphics are provided on awnings, canopies and covered walkways, in addition to complying with the awning or canopy requirements, the awning, canopy and covered walkway signs shall be subject to the following regulations:

[Amended 2-15-1989; 1-2-1991]

(1) The awning, canopy or covered walkway area shall be determined as measured at the building face.

(2) The surface area of all shapes, letters, numbers, symbols or illustrations as calculated per § 144-35K shall not exceed 25% of the awning, canopy and covered walkway area as measured for § 144 35F(1) and shall be calculated as part of the sign area permitted on the face of a building per § 144-38A.

(3) When illuminated, the awning, canopy or covered walkway area as measured for § 144-35F(1) shall comply with the limitation on size as set forth in § 144-38A for face signs and shall be calculated as part of the sign area permitted on the face of a building. Only awnings and canopies which are constructed of opaque material may be illuminated. The opaque material shall limit the light transmission through the material to a maximum of 10% of the measured lighting level below the awning, canopy or covered walkway. Only fluorescent strip-lighting illumination, mounted internally to the awning, canopy or covered walkway on the building, is permitted. Fluorescent fixtures shall be limited to one one-tube fixture per linear foot as measured on the building face.

(4) Awning and canopy signs shall not be considered to be projecting signs.

G. 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 and reflection lights on projecting arms do not extend more than two feet beyond the face of the building or sign.

H. Marquees. No marquees shall be constructed or erected except upon approval of the Town Board upon recommendation of the Planning Board. The criteria for the Town Board's approval and Planning Board's recommendation shall be limited to location and dimensional criteria so as to allow for marquees at the entrances to theaters or auditoriums provided that the scale of the marquee complements the building to which the marquee is attached and that the overall size of the marquee sign does not exceed 10% of the face of the building wall.

[Amended 2-18-2009 by L.L. No. 3-2009]

I. (Reserved)[2]

[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006]

[2] Editor's Note: Former Subsection I, Specialty signs, as amended, was repealed 2-18-2009 by L.L. No. 3-2009.

J. Service organization identification signs. Pursuant to the procedures and criteria set forth in § 144-34 of this chapter, a permit for a permanent service organization identification sign may be issued upon written application to the Zoning Officer providing the information required by § 144-34B of this chapter. A service organization identification sign shall not exceed the maximum height and size requirements for signs in the zoning district in which it will be located.

[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006; 2-18-2009 by L.L. No. 3-2009]

K. Measurement of signs. The surface area of a sign shall include the background area of the sign when computed by standard measurement formulas for known or common shapes. Irregular shapes, independent letters, numbers, symbols or illustrations shall be determined by measuring the smallest polygon which encloses all of the said shapes, letters, numbers, symbols or illustrations as they are intended to be displayed.

L. Maintenance and removal. Signs shall be kept in good repair and free from structural defects. Signs shall be removed:

[Added 2-15-1989; amended 1-2-1991]

(1) When they become structurally defective or in a deteriorated condition.

(2) Upon the termination of the business which owned or maintained the sign.

§ 144-36 Prohibited signs.

A. The following signs are prohibited in the Town of Orchard Park:

(1) Projecting signs over any public way except when hung from the underside or ceiling of a covered walkway related to the exterior of an individual business establishment.

(2) Revolving, moving, flashing, blinking signs or signs that appear to be in motion.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3), prohibiting political signs, was repealed 2-12-2001.

(4) Fluttering banners or strings of lights not part of a sign; provided, however, that nothing herein shall be construed to prohibit the decoration of any premises for any national holiday or religious or holiday season.

(5) Signs attached to light standards, utility poles or trees.

[Amended 1-2-1991]

(6) Portable signs.

(7) Roof signs.

(8) Billboards, except that the Town may establish off-premises identification signs for businesses, pursuant to § 144-381 of this chapter.

[Added 2-20-2002; amended 4-7-2004 by L.L. No. 4-2004]

(9) Digital signs.

[Added 2-18-2009 by L.L. No. 3-2009]

(10) Intermittent signs.

[Added 2-18-2009 by L.L. No. 3-2009]

B. 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 enclosing any area greater than 20 square feet, may not be erected so as to be visible from any public drive, street, highway or shopping center.

§ 144-37 Signs in residential or agricultural districts.

Signs in any R-1, R-2, R-3, R-4 or A District as established by this chapter are permitted as follows:

A. Signs to identify residents and permitted uses of one-and two-family dwellings and farms.

(1) 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 a distance equal to 1/2 the required setback from such street and not exceeding seven feet in height. No permit shall be required for such signs.

[Amended 1-2-1991]

B. Signs for identification of multiple dwellings or residents of multiple dwellings.

(1) Dwelling group identification. One sign not exceeding 16 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. Such sign shall be placed parallel to the street, shall not interfere with a public highway and shall not exceed seven feet in height. When an application for a building permit is submitted to the Planning Board, such sign shall be approved by the Planning Board.

[Amended 1-2-1991]

(2) 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 for such signs.

C. Permanent subdivision identification signs. One nonilluminated sign not exceeding 16 square feet in area may identify a permanent subdivision. Such signs shall not exceed seven feet in height and shall not interfere with the visibility from any driveway at its intersection with a public highway. Such signs shall be approved by the Planning Board.

[Amended 1-2-1991]

D. Signs otherwise authorized under §§ 144-34D, 144-35D and J, and 144-40C, D, F, and F,

[Added 2-1-2006 by L.L. No. 1-2006[1]]

[1] Editor's Note: This local law also repealed former § 144-37D, allowing signs not requiring a permit, added 2-20-2002.

§ 144-38 Signs in business, industrial or D-R Development and Research Districts.

[Amended 7-15-1987]

Signs shall be permitted in business, industrial or D-R Development and Research Districts, as established by this chapter, as follows:

A. Building face signs.

(1) Location. Signs shall be permitted on the face of any building and may be attached to the face of the building or applied thereto but not painted thereon; provided, however, such signs shall not project more than 12 inches from the face of the building nor extend beyond the wall at any corner.

(2) Size. A face sign on the front of a building shall not exceed 20% of the total surface of such face on one story including areas occupied by doors and windows. Signs on each additional face shall not exceed 10% of the total surface of the front of the building, provided further that no sign shall exceed 20% of the face to which it is attached.

B. Freestanding signs.

(1) Location. One freestanding sign may be erected, and no part of such sign shall be set back less than 10 feet from the right-of-way line. Where a business area abuts a residential area, 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.

[Amended 1-2-1991]

(2) Size. There shall be no more than two display surfaces, each of which shall not exceed 20 square feet.

(3) Erection of a freestanding sign as set forth in this subsection shall preclude erection of a pedestal sign as set forth in Subsection C.

C. Pedestal signs.

(1) Location. No part of such sign shall be set back less than 15 feet from the right-of-way. Where a business area abuts a residential area, 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.

[Amended 1-2-1991]

(2) 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, or two pedestal signs not attached to each other and neither of which exceeds 20 square feet in total area of all sides. The sign area may be increased at the rate of one square foot for each additional two feet from the required setback from the road right-of-way and the side property lines (or the required side line setback) but not to exceed in any event a total area of 180% of the area permitted by this subsection for pedestal signs. Only one pedestal sign shall be permitted in each shopping center or plaza, as defined in this chapter. Pedestal signs shall be prohibited on lots which are less than 100 feet in width measured at the right-of-way line.

[Amended 2-15-1989]

(3) Erection of pedestal signs as set forth in this subsection shall preclude erection of a freestanding sign as set forth in Subsection B.

D. Covered walkways. 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 or walkways to a height of two feet. Signs may also be hung from the underside or ceiling of the covered walkway related to the entrance of the individual business establishments, provided that the bottom of such sign is at least seven feet above the sidewalk.

E. Service or loading dock signs. One sign not exceeding eight square feet in area is permitted in addition to other permitted signs.

F. Automotive service stations. Signs may be erected in the pump areas, but not to extend beyond either side of the row of pumps or beyond the last pump on each end of the pump row.

G. Additional identification signs. At the entrance of the buildings with business establishments above the first floor, nameplates 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 that they are placed flat against the exterior wall.

[Amended 2-20-2002]

H. Entrance, exit, and on-premises directional guide signs. Entrance, exit, and internal directional guide signs are to be approved, as part of the site plan review process set forth in § 144-44 of this chapter, by the Planning Board as to location and size based upon the recommendation of a professional traffic engineer. The engineer's recommendation shall identify the number, size, height and setbacks necessary for traffic and pedestrian safety taking into account the configuration of the parcel and its relationship to other parcels and the adjoining roads. Entrance, exit and on-premises directional guide signs shall be minimized in number, size and height, and shall only be approved if necessary for traffic or pedestrian safety.

[Amended 1-2-1991; 2-18-2009 by L.L. No. 3-2009]

I. Off-premises identification signs. Where it is not practical to obtain the necessary visibility from an identification sign on the premises, the Zoning Officer shall grant the applicant a permit to erect an off-premises identification sign, provided that the applicant has demonstrated the following:

[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006]

(1) The applicant has submitted an application providing the information required by § 144-34B of this chapter and has demonstrated a need for such off-premises identification sign(s) in order to alleviate a practical difficulty for the general public to locate and identify the applicant's place of business.

(2) The applicant demonstrates that the proposed off-premises identification sign(s) represents the most efficient use of signage under the circumstances. For any group of businesses or organizations similarly disadvantaged by a difficulty of the general public to locate and identify their premises, a single off-premises identification sign common to all such businesses or organizations shall be deemed the most efficient use of such signage as opposed to separate off-premises identification signs for each such business or organization.

(3) The proposed identification sign(s) is harmonious with its surroundings under the circumstances presented.

(4) Notwithstanding any other provisions stated in this subsection:

(a) The text of all such off-premises identification sign(s) shall be permanent in nature.

(b) The primary purpose of such off-premises identification sign(s) shall be to assist the general public in locating and identifying such businesses or organizations as opposed to advertising the nature of such entities' goods, wares, merchandise or services.

(c) The proposed off-premises identification sign(s) is otherwise permitted by this chapter.

(d) The proposed off-premises identification sign shall not have a surface area of greater than 20 square feet and shall not have an overall height greater than nine feet.

(5) Should it be determined that an application is prompted by economic factors rather than a difficulty of the general public to locate and identify the applicant's place of business or that any hardship is self-inflicted, the application shall be denied.

(6) The provisions of this subsection shall be strictly construed.

J. Signs otherwise authorized under §§ 144 34D, 144 35D, E, F, I and J, and 144-40B, C, D, E, and F.

[Added 2-1-2006 by L.L. No. 1-2006[1]]

[1] Editor's Note: This local law repealed former § 144-38J, allowing signs not requiring a permit, added 2-20-2002.

§ 144-38.1 Signs in industrial parks.

In any industrial park which exceeds 60 acres, the following signs shall be permitted:

A. Freestanding entrance signs.

(1) Location. One freestanding sign may be erected at the main entrance of an industrial park, and no part of such sign shall be set back less than 15 feet from the right-of-way line or public walkway. No sign shall interfere with the visibility from any driveway or its intersection with a public highway.

[Amended 1-2-1991]

(2) Sizes. There shall be no more than two sign sides, the exterior dimensions of which shall not exceed 80 square feet per side. The total area on which printing appears shall not exceed 48 square feet.

B. Other freestanding signs.

[Amended 1-2-1991; 2-20-2002]

(1) Location. One freestanding sign may be erected at the main entrance of any business or entity in an industrial park, and no part of such sign shall be set back less than 15 feet from the right-of-way line or public walkway. No sign shall interfere with the visibility from any driveway at its intersection with a public highway.

[Amended 4-7-2004 by L.L. No. 4-2004]

(2) Sizes. There shall be no more than two sign sides, the exterior dimensions of which shall not exceed 30 square feet per side. The total area on which printing appears shall not exceed 20 square feet.

C. Signs otherwise authorized under §§ 144-34D, 144-35D and J, 144-40C, D, E and F.

[Added 2-1-2006 by L.L. No. 1-2006[1]]

[1] Editor's Note: This local law also repealed former § 144-38.1C, allowing signs not requiring a permit, added 2-20-2002.

§ 144-39 (Reserved) [1]

[1] Editor's Note: Former § 144-39, Special exception use signs, was repealed 2-18-2009 by L.L. No. 3-2009.

§ 144-40 Temporary and special purpose signs.

A. Notices. No notice shall be posted on public property within the Town of Orchard Park except on bulletin boards maintained by the Town or other government authority.

B. Banners. Pursuant to the procedures and criteria set forth in § 144-34 of this chapter, no banner shall be displayed over any sidewalk, Town street or highway except upon the issuance of a permit by the Zoning Officer, following written application and the furnishing of a public liability bond as described in this Subsection B. The applicant shall provide the Zoning Officer with the information required by § 144-34B of this chapter and demonstrate the ability to furnish a public liability bond or policy in the sum of at least $50,000.

[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006]

C. Temporary special event signs.

[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006; 2-18-2009 by L.L. No. 3-2009]

(1) The Zoning Officer shall approve an application, and issue a permit, for temporary special event signs if the applicant demonstrates through written application the number, size and location(s) of the signs sought to be erected, and that they meet the following content-neutral criteria:

(a) The signs are temporary signs for a limited time and frequency;

(b) The signs are for a special event as defined in this chapter;

(c) The temporary special event signs will not exceed the maximum height and size requirements for temporary signs in the zoning district in which the proposed signs will be located;

(d) The temporary signs will not conceal or obstruct adjacent land uses or signs;

(e) The temporary signs will not conflict with the principal permitted use of the site or adjoining sites;

(f) The temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

(g) The temporary signs will be installed and maintained in a safe manner; and

(h) The display of temporary signs for a special event shall not begin any earlier than 30 business days before the event and shall be removed within seven business days after the event.

(2) Consistent with § 144-33 of this chapter, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs; provided, however, that no temporary sign may direct attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere and upon the same premises where such sign is displayed or only incidentally sold, offered, or existing upon such premises. The Zoning Officer shall advise the applicant of the grant or denial of the application for temporary sign within 30 days of the submission of the application, and the procedures set forth in § 144-34 shall apply to appeals under this section.

D. Temporary construction signs. One temporary construction sign not exceeding four square feet in size shall be allowed on residential property where the parcel does not exceed 10 acres. One temporary construction sign not exceeding 20 square feet in size shall be allowed on residential property where the parcel exceeds 10 acres and on nonresidential property. Temporary construction signs shall not exceed four feet in height if freestanding. Temporary construction signs shall be set back a minimum of five feet from any lot line. Temporary construction signs shall be removed within seven business days after completion of the work for which the building permit was issued or after the expiration of the building permit, whichever first occurs. No permit is required for a temporary construction sign allowed under this subsection.

[Amended 1-2-1991; 4-7-2004 by L.L. No. 4-2004; 2-18-2009 by L.L. No. 3-2009]

E. Temporary free expression signs. For each parcel, one temporary free expression sign with a surface area of four square feet or less may be displayed. If displayed as a freestanding sign, such sign shall not exceed four feet in height. A temporary free expression sign is in addition to any other sign allowed under this chapter and is allowed in any zoning district. Only one such sign may be permitted on each parcel. A temporary free expression sign shall be set back a minimum of five feet from any lot line. No permit is required for a temporary free expression sign allowed under this subsection.

[Added 2-1-2006 by L.L. No. 1-2006; amended 2-18-2009 by L.L. No. 3-2009]

F. Temporary election signs. For each parcel, one temporary election sign with a surface area of four feet or less may be displayed for each candidate and each issue. 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. If displayed as a freestanding sign, such 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. A temporary election sign shall be removed within seven business days following the election to which it pertains. No permit is required for a temporary election sign allowed under this subsection.

[Added 2-1-2006 by L.L. No. 1-2006; amended 2-18-2009 by L.L. No. 3-2009]

§ 144-41 Nonconforming signs.

A. All nonconforming signs which are in use prior to the effective date of the ordinance from which this chapter was derived may continue in use as nonconforming signs except as follows:

(1) Any sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same premises where such sign is displayed or only incidentally sold, offered, or existing upon such premises, or a sign advertising a previous business on the premises which has not been purchased, leased or assumed by the present occupant, shall be removed within 60 days after notification by the Zoning Officer.

[Amended 2-20-2002; 4-7-2004 by L.L. No. 4-2004]

B. Discontinuance. Any nonconforming sign which is removed from the position it occupied at the effective date of the ordinance from which this chapter was derived and not restored to such original position within 30 days shall be presumed to be abandoned and discontinued and may not be restored or re-erected except in compliance with this chapter.

C. Repair or alteration. Nothing herein shall be deemed to prevent maintaining a nonconforming sign in good repair and safe condition.

§ 144-42 Safety provisions for signs.

A. No sign shall be erected in such a manner as to obstruct free egress from a window, door or fire escape or as to become a menace to life, health or property.

B. All signs affixed to any wall or building shall be securely fastened thereto and shall be subject to inspection by and approval of the Zoning Officer.

C. All wiring, fillings, materials and electrical or other installation of illuminated or lighted signs shall be subject to inspection by and approval of the Zoning Officer.

§ 144-42.1 Severability.

[Added 2-1-2006 by L.L. No. 1-2006]

A. Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter.

B. Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in § 144-42.1A, or elsewhere in this chapter or in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

C. Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in § 144-42.1A, or elsewhere in this chapter or in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under § 144-36 of this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of § 144-36 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of § 144-36.

D. Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter and/or any other provisions of the Zoning Ordinance or this Code are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.