Existing lots of record. A single-family structure may be constructed on any lot in any R-District, if said lot is less than the minimum area required for building lots in the R-District in which it is located, providing the following conditions exist or are met:

Visibility at intersection. No fence, wall, hedge, shrub, planting or tree foliage which obstructs sight lines at elevations between two feet and six feet above the roadway or sidewalk shall be placed or permitted to remain on any corner lot in the triangular area formed by intersecting street property lines and a line connecting them at points 20 feet distant from their intersection of such lines extended.

Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter except as provided in this chapter; and, if already less than the minimum required by this chapter, said area or dimension may be continued but shall not be further reduced.

General application. No building or structure shall have a greater number of stories nor have an aggregate height of a greater number of feet than is permitted in the district in which such building or structure is located, as noted elsewhere in this chapter.

Permitted exceptions to height regulations. The height limitations of Schedule II[1] shall not apply to antennae, chimneys, church spires and belfries, silos, tanks, ventilators or necessary mechanical features not occupying more than 1/10 of the roof area.

Open space. Every part of a required setback must be open to the sky unobstructed, except for accessory buildings in a rear or side yard; and except for the ordinary projection of balconies, steps, sills, belt courses, cornices and for ornamental features projecting not to exceed three feet; and except for the following structures:

Access to street. No dwelling shall be erected on any lot which does not have immediate exclusive access on an existing or platted street or highway.

Front yard and yard abutting on a street. Where a widening or extension of an existing street or highway right-of-way, or the establishment of a new street or highway is indicated on the Zoning Map or on an official map adopted by the Village Board, any front yard or building setback required by this chapter shall be measured from such widened, extended or new right-of-way. Unless otherwise indicated on the Map, any widened right-of-way shall be assumed to be centered on the former street or highway center line.

Side yards.

Transition yard requirements.

A use specified as an accessory use in one district shall not be permitted as an accessory use in another district unless such use is also specified as an accessory use in such other district.

In any R-District the permitted accessory uses shall not include the following:

The foregoing restriction with respect to licensing shall not apply to the resident office of a licensed real estate or insurance agency or broker or licensed professional person in any district where expressly permitted.

The garage is not occupied as a dwelling but is used only for the protection of supplies and equipment.

Construction of the dwelling to which said garage is accessory is started within six months from the date of the issuance of the building permit and is completed within 18 months from the date of the issuance of the building permit, inside and out to such a point that said building would be eligible for the issuance of a certificate of occupancy.

The Planning Board, in its discretion, may require a satisfactory bond or a satisfactory cash deposit to guarantee the completion of the dwelling construction.

General provisions.

Plumbing and electrical. All plumbing and drainage connected therewith shall comply with the New York State Uniform Fire Prevention and Building Code. For purposes of interpretation, the water supply system is part of the main dwelling's water service and the drainage system of private swimming pools shall be part of the main dwelling's drainage system when available.

Fencing.

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 this Code.[1]

Lights. Any artificial lighting used in connection with swimming pools shall comply with the plot plan as approved by the Code Enforcement Official. No lighting shall constitute a nuisance to the neighbors.

Location.

Where permitted: within a single-dwelling unit.

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

Extent of use: does not utilize more than 30% of the gross floor area of the dwelling unit, except: foster family care.

Permitted uses: includes not more than one of the following uses, provided that such uses are clearly incidental and secondary to the use of the dwelling unit for residential purposes:

Unattached accessory structures in R-Districts. Accessory structures, which are not attached to a principal structure, may be erected in accordance with the following requirements:

Attached accessory structures in R-Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirement of this chapter applicable to the principal building.

A parcel having less than five acres may not house livestock including but not limited to poultry, horses and sheep.

A parcel having more than five acres may house livestock no closer than 100 feet to any lot lines.

No odor, smoke and/or dust-producing materials shall be located within 100 feet of any lot line.

The owner or occupant must keep livestock in an appropriate manner and control.

No stripping, removal or addition of topsoil shall be made within 100 feet of any street line or within 10 feet of any property line of land in different ownership, except that:

The Planning Board may require the filing of an acceptable bond or deposit to guarantee compliance with this section.

Nearby property owners and occupants shall be protected against unreasonable nuisances and hazards during the period of operations.

All such excavations over five feet in depth shall be leveled on the bottom by refilling and shall be graded on all sides with a slope not less than 1 1/2 feet horizontal for each one foot of vertical depth or in lieu of sloping all sides of such excavations as herein provided, a permanent fence or barricade effectively prohibiting access to such excavation shall be erected and maintained on all sides thereto.

The applicant shall agree to such further conditions as the Village Board may impose for public safety and the general welfare, including the filing of an acceptable bond or deposit to guarantee compliance.

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.

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.

Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions in § 225-13.

In all districts in connection with any use, there shall be provided at the time any new building or structure is erected or the use changed off-street parking spaces open to the public at no charge for automobiles in accordance with the requirement set forth herein.

In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Planning Board or Village Board as empowered by this Code, shall apply.

In any district, in connection with every building or building group or part thereof thereafter erected and having a gross area of 4,000 square feet or more, which is to be occupied by manufacturing or commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or unloading berths as follows:

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.

General location. No more than two service stations shall be permitted at any street intersection. Service stations shall be no closer than 800 feet from each other.

Location of exits and entrances. No automobile service station shall have an entrance or exit for vehicles within 300 feet, as measured along the public street right-of-way, in which there exists a school, public playground, church, chapel, convent, hospital, public library or any residential district. Such access shall be not closer to any intersection than 150 feet.

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.

Gasoline pumps. Automobile service stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street right-of-way line.

Minimum width of the front lot line shall be 200 feet and the combined frontage on a corner lot must be 300 feet.

Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign without first having obtained a building permit for a sign from the Code Enforcement Official.

Fees shall be paid before a permit may be issued as prescribed in Ch. A232, Fees.[1]

The name, address and telephone number of the applicant.

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.

Two copies of rendering exhibiting:

No sign permit shall be issued in the B-1, B-2 and Industrial Districts except upon review and approval by the Planning Board.

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

Permitted sign copy. A sign may contain any or all of the following: the name and/or nature of the business, the primary goods sold or the services rendered on the premises, address and/or phone number. Signs not advertising a business conducted, service rendered or the primary goods sold are prohibited.

Design standards.

Illuminated sign. Except where the premises which the sign advertises is open for business, no sign shall be illuminated after 12:00 midnight. Illuminated signs shall conform to the regulations of the National Electric Code. The source of illumination shall be suitably shielded to eliminate glare and annoyance to passersby or adjacent property. Illuminated signs allowed in zones as part of a special use in a residential zone shall not be illuminated after 9:00 p.m., unless otherwise determined by the Village Board.

Bulletin board. One church, school or other exterior institutional bulletin board is permitted, not to exceed 20 square feet in area. No permit shall be required.[3]

Total signage. The total signage areas for building face signs, permanent window signs, freestanding signs and projecting signs is not to exceed the permitted building face sign area.

Design and construction. All signs shall be designed and constructed in accordance with the following criteria:

Obsolete signs. Any sign that no longer advertises or identifies the current or permitted use of the property must be removed within 30 days after written notification from the Code Enforcement Officer.

Removal of signs.

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

Political and temporary election signs.

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

Signs attached to light standards or utility poles or placed on public property or placed on public rights-of-way.

Illuminated tubing restriction. Illuminated tubing, not used in the construction of a conforming electrical sign and which outlines a building, fence or other similar structure or part thereof measuring more than 20 linear feet or 20 square feet enclosing any area, may not be erected so as to be visible from any public or private drive, street, highway or shopping center.

Roof signs.

Trailer signs.

Signs attached to poles or buildings on private property.

Signs for identification of residents and permitted uses of one- and two-family dwellings are permitted as follows:

Signs for identification of multiple dwellings or residents of multiple dwellings are permitted as follows:

Permanent subdivision identification signs shall be permitted when authorized by the Planning Board.

Signs for special and nonconforming uses in R-3 and R-4 Districts shall be subject to the requirements of Subsection F, Business and industrial signs, as well as Subsection C(3), Design standards.

Building face signs.

Freestanding signs.

Pedestal signs.

Covered walkway signs.

Service or loading dock signs. One sign not to exceed four square feet in area is permitted in addition to other signs allowed by this chapter.

Automobile service station signs. Signs may be erected in the pump areas, but not to extend more than one foot from either side of the row of pumps or two feet from the last pump on each end of the pump row or more than one foot above the pump.

Additional accessory signs. At the entrance of buildings with business establishments above the first floor name plates of uniform design and appearance not more than 18 inches in length and nine inches in height may be mounted at the sides of such entrance, provided they are placed flat against the exterior wall.

Entrance, exit, etc., signs. Entrance, exit, identification and other traffic control signs are to be approved by the Planning Board as to location and size.

Adjacent property signs. Where it is not practical for reasons of visibility to place an identification sign on the premises, the Planning Board may grant permission to erect a sign (which is otherwise permitted) on adjacent property.

Projecting signs.

Window signs. Window signs shall not exceed 20% of the glass area, plus an additional 10% for nonprofit organization advertising.

Freestanding directory signs. Freestanding directory signs shall be used only for business centers, plazas or industrial parks to list occupants. Such signs must be uniform in size and shall not exceed two square feet per listing. Such signs may be used in addition to the identification pedestal sign.

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

Banners. No banner shall be displayed over any sidewalk, street, or highway except upon direction of the Village Board. A public liability bond or policy in a reasonable sum to be determined by the Village Board shall be furnished for each banner which extends across a sidewalk, street or highway. Such banner must be securely fastened to buildings or structures.

Temporary signs of charitable and nonprofit organizations. Temporary signs erected or maintained by charitable and nonprofit organizations may be permitted by the Code Enforcement Official upon direction of the Planning Board. The applicant must specify the number of signs to be erected, the size of the sign or signs, and the proposed location of the sign or signs. Any temporary sign shall be removed within 30 days. There shall be no fee for a permit for a temporary sign.

Construction signs. Construction signs displaying the name of the architect, engineer, principal contractor, and other participants engaged in the work of constructing a building or structure, as well as a sign announcing the purpose of the building or structure for which a building permit has been issued and has not expired, may be permitted as follows:

Garage sale signs. A ”garage sale" is defined as the sale on residential premises of household furnishings, tools, clothing and similar items other than by auction or sale of the entire contents of a household. Only one sign, not exceeding four square feet, advertising the garage sale shall be permitted and shall be posted on the premises where the sale is conducted. The sign shall not be posted earlier than one week before the sale commences and must be removed immediately upon completion of the sale.

For sale, for rent, sold and open house signs.

A sandwich sign may be placed in front of a business in a B-1 or B-2 Zone during business hours. The content of the sandwich sign must be relevant to business. Such a sign must not obstruct a sidewalk or the normal pedestrian path of travel. (See definition of "sandwich sign" in § 225-5.)

Lawn signs. A single lawn sign shall be allowed on any lot without permit, provided it is in compliance with the regulations below:

Awning valance signs. Advertising containing only the name of the business in letters not more than six inches in height may be placed upon the valance of any awning. The bottom of valances shall not be less than seven feet above the sidewalk. A permit is required for awning valance signs.

Lighting reflection signs. Hoods or shields for lighting reflection signs may be attached to buildings or structures, provided such hoods or shields do not extend more than 12 inches beyond the face of the building or sign. Reflection lights on projecting arms shall not extend more than two feet beyond the face of the building or sign.

Parking lot marking and signing. Public directional signs relating to traffic or the regulation of private parking lots shall be permitted upon approval of the Planning Board.

Specialty signs. Special time and temperature signs, with or without electrical lettering, special clock signs and other special signs of similar nature may be erected upon approval of the Planning Board.

Inspection. Immediately following the effective date of this chapter, the Code Enforcement Official shall make or cause to be made an inspection and evaluation of all existing signs covered by this chapter. All business establishments with signs which do not conform to this article shall be notified, by certified mail, stating how the existing sign violates this chapter. The Code Enforcement Official shall keep a copy of all such letters and record of date notified.

Nonconforming signs. All nonconforming signs designated under Subsection J(1) must be altered or removed according to the following schedule:

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

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

Whenever the Code Enforcement Official shall find that any sign regulated by this chapter is unsafe or insecure or is in such condition as to be a menace to the safety of the public, he or she shall prepare a notice, in writing, advising as to the unsafe and insecure condition of such sign and directing the permittee of such sign and the owner of the premises on which the sign is located to make such alterations or repairs thereto or to do such things or acts as are necessary and advisable to make such sign safe and secure or remove the said sign within three days from the date of said notice, and shall mail a copy of such notice on the same day as the date thereof to the permittee at his or her address as stated in the application for the permit, and shall mail a copy of such notice on the same day as the date thereof to the owner of the premises on which the sign is located at his or her address as shown on the assessment roll of the Village of Orchard Park, and shall file a copy of such notice in the office of the Village Clerk-Treasurer on the same day. In the event the sign is not made safe and secure or is not removed within the time specified in the notice, the Village Board may cause such sign or such part thereof as is unsafe and insecure to be removed and may charge the expense of such removal to the person or persons so notified; provided, however, that nothing herein contained shall prevent the Code Enforcement Official from adopting such precautionary measures as may be necessary or advisable in case of imminent danger to place such sign in a safe condition, the expense of which shall be paid by the owner of the premises upon which the said sign is placed.

Whenever the Code Enforcement Official shall find that any sign regulated by this chapter is in violation of any of the provisions of this chapter or is being erected, constructed, relocated or created without a permit as required by this section, he or she shall prepare a notice, in writing, advising as to violation of this chapter and directing the owner of the premises upon which the sign is located to remove the said sign within 10 days from the date of said notice, and shall mail a copy on the same day as the date thereof to such owner of the premises upon which the sign is located at his or her address as shown on the assessment roll of the Village of Orchard Park, and shall file a copy of such notice in the office of the Village Clerk-Treasurer on the same day. In the event the sign is not so removed within the time specified in the notice, the Village Board may cause such sign to be removed and shall assess the expense of such removal against the land or the building on which such sign is located.

Every person maintaining a sign in the Village of Orchard Park shall, upon vacating the premises where such sign is maintained, forthwith remove such sign from such premises. In the event of a violation of this subsection, the Village Board shall take such action as is prescribed by this subsection to cause the sign so found to be in violation of this subsection to be removed and the expense of such removal to be assessed against the land and/or building on which such sign is located.

Signs attached to light standards or utility poles, or placed on public property, or placed on public rights-of-way, are subject to immediate removal and disposal by members of the general public.

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

All signs affixed to any wall or building shall be securely fastened thereto and shall be subject to inspection by and approval of the Code Enforcement Official as to safety and adequacy and insurance coverage.

All wiring, fillings, materials and electrical or other installation of illuminated or lighted signs shall be subject to inspection and approval of the electrical inspector. (NOTE: See Ch. 105, Electrical Standards.)