Orchard Park City Zoning Code
ARTICLE V
Administration and Enforcement
§ 225-21 Building permits.
A.
Building permit required. Before any person shall erect, construct, alter, move or commence to erect, construct, alter or move any building or structure within the Village of Orchard Park or do anything for which a permit is required by this chapter, such person shall first apply for and obtain a building permit from the Code Enforcement Official.
B.
Building permit types. Under the terms of this chapter, the following classes of building permits shall be issued:
(1)
Permitted use.
[Amended 7-13-1998 by L.L. No. 3-1998; 8-9-1999 by L.L. No. 9-1999]
(a)
A building permit for one-family dwelling and permitted accessory uses in R-1, R-2, R-3, R-4 and R-5 shall be issued by the Code Enforcement Official on his or her own authority. The Code Enforcement Official, at his or her discretion, may refer any application to the Planning Board for review and recommendations.
[Amended 6-26-2023 by L.L. No. 11-2023]
(b)
Building permits for other permitted principal uses and related accessory uses in R-1, R-2, R-3, R-4 and R-5 and all building permits for permitted principal uses and related accessory uses in B-1, B-2 and I-1 shall be issued by the Code Enforcement Official after site plan review and approval by the Planning Board.
[Amended 6-26-2023 by L.L. No. 11-2023]
(c)
Building permits for creation of impervious surfaces (blacktop paving or concrete areas) shall be issued by the Code Enforcement Official after submission of a site plan meeting all zoning requirements and a drainage plan.
(2)
Special use. A building permit for a special use may be issued by the Code Enforcement Official, upon approval by the Village Board, after review by and recommendations from the Planning Board as hereinafter provided.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No. 6-1998; 8-9-1999 by L.L. No. 9-1999]
(3)
Building permit after an appeal or a request for a variance. A building permit shall be issued by the Code Enforcement Official only upon the order of the Zoning Board of Appeals and after a public hearing as hereinafter provided.
(4)
The Village Board, at its discretion, may require a satisfactory bond or a satisfactory cash deposit to guarantee the completion of construction.[1]
[Added 9-11-1989 by L.L. No. 3-1989; amended 7-13-1998 by L.L. No. 3-1998]
(5)
Building permits that are required to perform work under the New York State Uniform Fire Protection and Building Code shall not require Planning Board approval, provided such work does not include a change in use, affect an increase in the density of an existing use or affect the exterior appearance of a building or a surrounding premises.[2]
§ 225-22 Enforcement officer.
[Amended 8-9-1999 by L.L. No. 9-1999[1]]
This chapter shall be enforced by the Code Enforcement Official. No building permit or certificate of occupancy shall be issued by him or her except where all the provisions of this chapter have been complied with.
§ 225-23 Site plans and special use review.
A.
Site plans.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No. 6-1998]
(2)
All site plans subject to review by the Planning Board shall show all structures, roadways, pathwalks, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries, and any other elements as may be deemed essential by the Planning Board.
B.
Special uses as enumerated in this chapter shall be permitted only upon approval by the Village Board after review by and recommendations from the Planning Board, provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in this chapter. The Village Board shall approve, approve with modifications, or disapprove such application and shall make its decision within 62 days of the Village Board's public hearing based on the following. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board.
[Amended 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No. 6-1998; 8-9-1999 by L.L. No. 9-1999[2]]
(1)
The relation of the proposed project to the long range, comprehensive, master or general plan of development of the Village.
(2)
The need for the proposed project at the present time.
(3)
The compatibility of the proposed project with adjoining land uses and with other proposed development, having particular reference to its probable effect on the value of other land and to the adequacy of features intended to promote public health, safety and welfare and the general purposes of this chapter.
(4)
The orderly flow of traffic, effect on normal traffic patterns, and satisfactory methods of ingress and egress.
(5)
The design and suitable location of adequate loading and parking facilities.
(6)
The utilization of adequate landscaping and screening improvements.
(7)
The intelligent design of free areas for recreational use.
(8)
The nearness and impact on schools and other public facilities.
(9)
Other pertinent requirements of this chapter.
C.
Site plan and special use standards. The Planning Board and the Village Board shall consider the following standards when reviewing site plans and/or special uses:
[Amended 5-13-1991 by L.L. No. 3-1991; 12-12-1994 by L.L. No. 1-1994; 7-13-1998 by L.L. No. 3-1998; 9-14-1998 by L.L. No. 6-1998; 3-8-1999 by L.L. No. 2-1999; 8-9-1999 by L.L. No. 9-1999]
(1)
General standards. Compliance shall be made with the following general standards:
(a)
The proposed development shall be consistent with the long-range plans of the Village and conform with the residential character of the Village.
(b)
The proposed development shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas.
(c)
The proposed development shall be planned to harmonize with all existing and/or proposed development in the area surrounding the project site.
(2)
Design standards. Compliance shall be made with the following general design standards:
(a)
All structures in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and roadways.
(b)
Individual structures shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.
(c)
All structures shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible.
(d)
All structures shall be arranged so as to be accessible to emergency vehicles.
(e)
Treatment of the sides and rear of all buildings shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.
(f)
The design of buildings and parking facilities shall take advantage of the topography of the project site, where appropriate, to provide separate levels of access.
(g)
All building walls shall be so oriented as to insure adequate light and air exposure.
(h)
The exterior design details, elevations, materials, finishes, and other aesthetic factors proposed to be used shall be appropriate to the surrounding area.
(i)
Trademark/prototypical buildings, which identify the owner or occupant by a trademarked architectural style, are prohibited. Franchise operations shall be designed to harmonize with downtown mixed-use areas.
(j)
No building may have more than eight horizontal feet of wall on the first floor sidewalk side without a window or door.
(k)
Awnings and overhangs for shade and shelter are encouraged.
(l)
Flat roofs without decorative cornices are prohibited.
(m)
Second story balconies and bay windows may encroach beyond the building line by no more than four feet.
(3)
Landscape design standards. Landscape design standards shall be as follows:
(a)
Landscape treatment for plazas, roads, walks, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire development.
(b)
Primary landscape treatment shall consist of shrubs, ground cover and trees and shall be combined with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.
(c)
Whenever appropriate, existing trees shall be conserved and integrated into the landscape design.
(d)
Where adjacent land use dictates, proper screening and buffer zones may be required.
(4)
Circulation system design standards. Circulation system design standards shall be as follows:
(a)
Where a special use abuts or contains an existing or proposed expressway or major arterial street or railroad right-of-way, the Village Board may require the separation of local and through traffic. This shall be achieved by one of the following means:
(b)
All proposed site traffic accessways shall be adequate, but not excessive in number, adequate in grade, width, alignment and visibility, and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.
(c)
There shall be an adequate, safe, and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces.
(d)
Roads, pedestrian walks and open space shall be designed as an integral part of the overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.
(e)
There shall be an adequate amount, in a suitable location, of pedestrian walks, malls, and landscaped spaces in order to discourage pedestrian use of vehicular ways and parking and loading spaces from general vehicular circulation facilities.
(f)
Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(g)
Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings.
(h)
The location and design of pedestrian walks should emphasize desirable views of new and existing development in the area.
(i)
The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes.
(j)
Materials and design of paving, lighting fixtures, retaining walls, bulkheads, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.
(5)
Parking and loading design standards. Requirements for parking and loading facilities shall be as follows:
(a)
Parking and loading facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked vehicles.
(b)
Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways.
(c)
Parking facilities shall be designed with careful regard to arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.
(d)
Any above grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.
(6)
Perimeter control. If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the proposed development, structures located on the perimeter of the proposed development shall be permanently screened in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses.
(7)
Drainage. Adequate cross-drain pipe and driveway pipe (if applicable) are to be installed and are to be approved by the Village before installation. Adequate storm drainage is to be provided.
(8)
Building permit and certificate of occupancy. No building permit or certificate of occupancy shall be issued for any building or buildings or use of land, unless the same conform in all respects to such site plan or special use as approved with the application and unless all facilities included in the approved site plan or application have been installed in accordance therewith.[3]
D.
Adult uses.
[Added 3-8-1982 by L.L. No. 1-1982]
(1) ADULT BOOKSTORE ADULT ENTERTAINMENT CABARET ADULT MINI-MOTION-PICTURE THEATER ADULT MOTION-PICTURE THEATER PERSON SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
As used in § 225-9, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock and trade books, magazines, films for sale or viewing on premises, by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas of an establishment with a segment or section devoted to the sale or display of such material.
Public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
Any person, firm, partnership, corporation, association, or legal representative, acting individually or jointly.
Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal. Acts of human masturbation, sexual intercourse or sodomy. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2)
Restrictions affecting adult uses. Adult uses, including but not limited to adult bookstore, adult motion-picture theater, adult mini-motion-picture theater, and adult entertainment cabaret, shall only be permitted in the I-1 Industrial District subject to the following restrictions which are in addition to all other requirements applicable to a special use in an I-1 Industrial District:
[Amended 3-8-1999 by L.L. No. 2-1999]
(3)
Registration.
(a)
The owner of a building or premises, his or her agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the Village Clerk-Treasurer of the Village of Orchard Park.
[1]
The address of the premises;
[2]
The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust;
[3]
The name of the business or the establishment subject to the provisions of this section;
[4]
The name(s) and address(es) of the owner, beneficial owner or the major stockholder(s) of the business or the establishment subject to the provisions of this section;
[5]
The date of initiation of the adult use;
[6]
The nature of the adult use;
[7]
If the premises or building is leased, a copy of said lease.
(b)
It is a violation of this subsection for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Village Clerk-Treasurer.
(4)
Display of copy of registration. The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises of the adult use a copy of the registration filed with the Village Clerk-Treasurer.
(5)
Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This subsection shall apply to any display, decoration, sign, show window, or other opening.
(6)
Minors. No person under 18 years of age shall be allowed in any place described herein as "adult use."
E.
Satellite antennas. A "satellite antenna," which is defined herein as a parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other signals from space satellites, may be erected and maintained subject to the following requirements:
[Added 10-24-1988 by L.L. No. 3-1988]
(1)
A building permit shall be obtained from the Village Planning Board in accordance with §§ 225-21B(2) and 225-23A, B and C; provided, however, no public notice shall be required unless ordered by the Planning Board. Likewise, the Planning Board may dispense with the filing of a site plan but may require a sketch of the proposed location.
(2)
Only one satellite antenna shall be allowed per lot.
(3)
The satellite antenna shall not exceed 12 feet in width or depth, and shall be no higher than 14 feet from the ground to the highest point on the satellite antenna.
(4)
The Planning Board shall have the power to designate the exact location of the antenna and to require any landscaping or screening to protect the aesthetic appearance of the area. Location of the antenna shall be limited to the rear yard, and, if a corner lot, the antenna will not be located between the side street lot line and the principal building.
(5)
No satellite antenna shall be installed on or above any building or structure except in commercial or industrial districts.
(6)
No provision of this subsection shall apply to a satellite antenna of a width of 40 inches or less as long as:
[Added 4-22-1996 by L.L. No. 5-1996]
§ 225-24 Zoning Board of Appeals.
A.
Established. Pursuant to the provisions of the Village Law of the State of New York, a Zoning Board of Appeals is hereby established in the Village of Orchard Park.
B.
Appointment. The Board of Appeals shall consist of five members to be appointed by the Mayor, subject to the approval of the Village Board. The terms of the initial appointees shall be for one, two, three, four, and five years from and after the date of appointment. Their successors, including such additional members as may be appointed by the Mayor subject to approval of the Village Board, shall be appointed for the term of five years after the expiration of the terms of their predecessors in office.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall be for the unexpired term of the member or members whose term or terms become vacant. Such appointments to fill such vacancies shall be made by the Mayor.[1]
D.
General grant of power. The Board of Appeals shall perform all the duties and have all the powers prescribed by the laws of the State of New York and as herein described.
E.
Votes necessary for a decision. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Official or to decide in favor of the appellant any matter upon which it is required to pass under the terms of this chapter or to effect any variation of this chapter.
§ 225-25 Alternate members for Board of Appeals and Planning Board. [1]
A.
From time to time the Zoning Board of Appeals and the Planning Board of the Village of Orchard Park have experienced difficulty in securing a quorum necessary for the conducting of business due either to conflict of interest, absence, illness or inability of some members to attend meetings. In order to alleviate that problem, the Board of Trustees of the Village of Orchard Park deems that it is necessary to appoint additional and alternate board members to function as set forth below.
B.
Authorization to appoint. The Board of Trustees is hereby authorized to appoint two additional and alternate members to both the Zoning Board of Appeals and the Planning Board. When sitting as a regular member, the additional and alternate members shall have the same qualifications, authority and power as a duly and regularly appointed member of either Board.
C.
Powers. The additional and alternate Board members shall sit as members of the Board, exercising full power as if they were regular members, when regular members on either Board are unable to attend, so as to make up a quorum for the Board to conduct business. When such additional and alternate Board member shall sit as a full member of the Board, the Village Clerk-Treasurer or the Secretary of either Board shall make an entry in the minutes of the Board meeting certifying that a regular member or members of the Board were unable to attend and that the alternate and additional member or members were sitting as a full member of the Board and giving the date, time, place and purpose of such meeting. The additional and alternate members shall receive the same compensation for attendance as regular Board members, whether in an official capacity or not.
§ 225-26 Powers and duties of Board of Appeals.
The Board of Appeals shall hear and decide appeals pursuant to the provisions of the laws of the State of New York and shall have the following powers:
A.
To hear and decide appeals. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Code Enforcement Official administering this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under the provisions of this chapter.
B.
C.
Interpretation. The Board of Appeals shall, upon appeal from a decision by the Code Enforcement Official, decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
D.
Referral to Village Planning Board. The Board of Appeals shall refer to the Village Planning Board such matters as required by this chapter and any other pertinent matters for review and recommendations, and defer any decision thereon for a period of not more than 30 days pending a report from the Village Planning Board. Upon failure to submit such report, the Village Planning Board shall be deemed to have approved the application for appeal.
E.
Referral to County Planning Board. The Board of Appeals shall refer to the County Planning Board such matters as required by General Municipal Law § 239-m and in such instances shall follow the required procedures set forth in such law.
§ 225-27 Applications and appeals to Board of Appeals.
A.
Filing of notice of appeal.
(1)
Appeals may be taken to the Board of Appeals from any order, requirement, decision or determination of the Code Enforcement Official by any person aggrieved or by any officer, department, board or bureau of the Village. Such appeal shall be taken within 60 days after the filing of the order, requirement, decision or determination appealed from by filing with the Code Enforcement Official and with the Board of Appeals a notice of appeal specifying the grounds thereof and the relief sought.[1]
(2)
All applications and appeals made to the Board of Appeals shall be in writing on forms prescribed by the Board of Appeals. Every application or appeal shall refer to the specific provision of this chapter, and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
[Amended 3-8-1999 by L.L. No. 2-1999]
(a)
The name and address of the applicant, appellant.
(b)
The name and address of the owner of the district lot to be affected by such proposed change or appeal.
(c)
A brief description and location of the district lot to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification of the district lot in question, the improvements thereon and the present use thereof.
(e)
A reasonably accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, materials and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
B.
Transmittal of records. The Code Enforcement Official shall forthwith transmit to the Board of Appeals all of the papers constituting the record upon which the action appealed from was taken.
C.
Referral to Planning Board. At least 30 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the Secretary of the Board of Appeals shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid, and shall request that the Planning Board make a determination in accordance with § 225-26D.
D.
Procedure by the Board of Appeals. The Board of Appeals shall decide each appeal within 62 days after a final hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. Upon the hearing any party may appear in person to be represented by an agent or attorney. The Board of Appeals decision shall be filed in the office of the Village Clerk-Treasurer within five business days after the day such decision is rendered, and a copy thereof shall be mailed to the applicant. The decision shall be a public record. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board of Appeals in the particular case. In the exercise of its functions upon such appeals or upon exceptions, the Board of Appeals may in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from or may make such order, requirement, decision or determination as in its opinion ought to have been made in accordance with the provisions hereof.[2]
E.
Expiration of appeal decision. Unless otherwise specified by the Board of Appeals, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
F.
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Official certifies to the Board of Appeals, after the notice of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Code Enforcement Official from whom the appeal is taken and on due cause shown.
§ 225-28 Public hearing and notice.
[Amended 4-14-1980 by L.L. No. 3-1980; 9-28-1981 by L.L. No. 5-1981]
The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give due and public notice thereof by publication in the official paper of the Village of a notice of such hearing, at least 10 days prior to the date thereof, and shall at least five days before such hearing, mail notices thereof to the parties, and shall decide such appeal or matter within 62 days after such hearing.
A.
Appeal from action of the Code Enforcement Official. In case of an appeal alleging error or misinterpretation in any order or other action by the Code Enforcement Official, the following persons shall be notified: the appellant and the person and persons, if any, who benefit from the order, requirement, regulation or determination.
B.
Appeal for variance. In case of an appeal for a variance, as provided for in this chapter, the following persons shall be notified: all owners of property within 200 feet of the nearest line of the property for which the variance is sought, and to such other property owners as the Chairman of the Board of Appeals may direct.
C.
Adjournment of hearing. Upon the day for hearing any appeal, the Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
D.
Decision of Board of Appeals; subsequent action on decision. The Board of Appeals shall make its decision in the manner provided by law and any person or persons jointly or severally aggrieved by a decision of the Board of Appeals may thereafter apply for a review as provided by law.
E.
Required interval for hearings on applications and appeals after denial. Whenever the Board of Appeals, after hearing all the evidence presented upon an appeal under the provisions of this chapter, denies the same, the Board of Appeals shall refuse to hold further hearings on the said or substantially similar application or appeal by the same applicant, his or her successor or assign, for a period of one year, except and unless the Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare, and that a reconsideration is justified. Such rehearing should be allowable only upon a motion initiated by a member of the Board of Appeals and adopted by a majority vote of all the members.
§ 225-29 Fees. [1]
Fees for the issuance of permits, appeals, amendments and other zoning actions shall be paid to the Village at the office of the Village Clerk-Treasurer upon the filing of an application and in accordance with the schedule of fees established by Chapter A232, Fees, of this Code.