Orchard Park, NY Zoning Ordinance

Orchard Park City Zoning Code

ARTICLE VI

Historic Places, Buildings and Works of Art

§ 225-30 Preservation policy.

Pursuant to the provisions of § 96-a of the General Municipal Law, it is hereby declared that the preservation of historic sites, areas, building and landmarks located in the Village of Orchard Park is essential to the general welfare of the community and the purpose of this article is to:

(1)

Safeguard the heritage of the Village of Orchard Park by preserving places, buildings and works of art in the Village which reflect its cultural, social, economic, political and architectural history;

(2)

Protect buildings, structures and areas in the Village of Orchard Park which are recognized as national historic sites and landmarks;

(3)

Stabilize and improve property values;

(4)

Foster civic beauty;

(5)

Strengthen the local economy; and

(6)

Promote the use of the historic places, buildings and works of art for the education, pleasure and welfare of the citizens of the community.

Pursuant to these purposes there is hereby established the following regulations.

§ 225-31 Regulation of structures.

No designated structure shall be constructed, altered, repaired, moved or demolished unless such action complies with the requirements hereinafter set forth.

Review Commission.

(1)

The Planning Board of the Village of Orchard Park shall act as the Review Commission for the purposes of this article.

(2)

All plans for the construction, alteration, repair, or demolition of structures hereinafter designated shall first be submitted to the Village of Orchard Park Planning Board which shall have the power to pass upon such plans before a permit for such work shall be granted; provided, however, that the Planning Board shall pass only on such exterior features of a structure as are visible from the public way and shall not consider interior arrangements. In reviewing the plans, the Planning Board shall give consideration to:

(a)

The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

(b)

The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used; and

(c)

Any other factor, including aesthetic, which it deems pertinent.

(3)

The Planning Board may consult with persons of the architectural profession, the landscape architectural profession, the local historical society and the owners of the structures.

Specific standards. In addition to the foregoing general standards, the following specific standards shall apply in appropriate cases:

(1)

Alterations, repairs and additions. Alterations, repairs and additions to existing buildings shall either be made consistent with the spirit of their architectural style or shall alter the structure to an appropriate appearance consistent with the architectural styles of historic value existing in the area.

(2)

New construction. Insofar as possible, new construction shall be consistent with the historic architectural style of the area. In such instances as the Planning Board may determine that structures adjoining the proposed new construction site are of a significantly different architectural period, the Planning Board may recommend such exterior features as it deems appropriate to the site and the overall objectives of this article.

(3)

Demolition.

(a)

Demolition shall be prohibited in the case of all designated structures unless the Planning Board is satisfied that the retention of such structures constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner.

(b)

Demolition shall be prohibited of any designated structure if the Planning Board shall determine it to be of a particular architectural or historical significance; provided, however, if such determination shall constitute a taking of private property, the Planning Board shall refer such matter to the Village Board with its recommendation for providing due compensation to the owner of such property which may include the limitation or remission of taxes. (NOTE: See General Municipal Law § 96-a, Subdivision 2.)

(4)

Moving of structures of historic or architectural value may be permitted by the Planning Board as an alternative to demolition.

(5)

Building permits. The Code Enforcement Official shall not issue a building permit until a certificate of approval of the plans has been issued by the Planning Board.

Procedure for review of plans.

(1)

Applications for a building permit to construct, alter, repair, move, or demolish any designated structure shall be made to the Code Enforcement Official. The application shall state that the property is a designated historical structure, and plans shall be submitted showing the structure in question and also giving its relation to adjacent structures.

(2)

Upon the filing of such application, the Code Enforcement Official shall immediately notify the Planning Board and shall transmit to the Planning Board the application and any supporting plans or documents. The Planning Board shall consider such application and shall approve or disapprove the plans and, if it shall approve such plans, shall issue a certificate of approval and transmit the same to the Code Enforcement Official.

(3)

If the Planning Board shall disapprove the plans, it shall so notify the Code Enforcement Official who shall thereupon deny the application for a permit.

(4)

Nothing in this article shall be construed to prevent ordinary maintenance or repair of any designated structure.

Appeals. Any person aggrieved by a decision of the Planning Board or Code Enforcement Official acting under this article shall have the right to appeal to the Zoning Board of Appeals for a variance as provided by this chapter.

§ 225-32 Historic buildings and structures.

[Amended 7-8-1996 by L.L. No. 10-1996[1]]

The historic buildings and structures which are subject to the provisions of this article are hereby designated as follows:

Building or Structure	Location
Millie Michelfelder (Dr. Joll's home) Buffalo Street	S4287 South
Quaker Meeting House	East Quaker Street and Freeman Road
Old B & O Depot	South Buffalo Street
The Grange Hall	North Buffalo Street

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Orchard Park City Zoning Code

ARTICLE VI

Historic Places, Buildings and Works of Art

§ 225-30 Preservation policy.

(1)

(2)

Protect buildings, structures and areas in the Village of Orchard Park which are recognized as national historic sites and landmarks;

(3)

Stabilize and improve property values;

(4)

Foster civic beauty;

(5)

Strengthen the local economy; and

(6)

Promote the use of the historic places, buildings and works of art for the education, pleasure and welfare of the citizens of the community.

Pursuant to these purposes there is hereby established the following regulations.

§ 225-31 Regulation of structures.

No designated structure shall be constructed, altered, repaired, moved or demolished unless such action complies with the requirements hereinafter set forth.

Review Commission.

(1)

The Planning Board of the Village of Orchard Park shall act as the Review Commission for the purposes of this article.

(2)

(a)

The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

(b)

The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used; and

(c)

Any other factor, including aesthetic, which it deems pertinent.

(3)

The Planning Board may consult with persons of the architectural profession, the landscape architectural profession, the local historical society and the owners of the structures.

Specific standards. In addition to the foregoing general standards, the following specific standards shall apply in appropriate cases:

Demolition.

Moving of structures of historic or architectural value may be permitted by the Planning Board as an alternative to demolition.

(5)

Building permits. The Code Enforcement Official shall not issue a building permit until a certificate of approval of the plans has been issued by the Planning Board.

Procedure for review of plans.

(1)

(2)

(3)

If the Planning Board shall disapprove the plans, it shall so notify the Code Enforcement Official who shall thereupon deny the application for a permit.

(4)

Nothing in this article shall be construed to prevent ordinary maintenance or repair of any designated structure.

§ 225-32 Historic buildings and structures.

[Amended 7-8-1996 by L.L. No. 10-1996[1]]

The historic buildings and structures which are subject to the provisions of this article are hereby designated as follows:

Building or Structure	Location
Millie Michelfelder (Dr. Joll's home) Buffalo Street	S4287 South
Quaker Meeting House	East Quaker Street and Freeman Road
Old B & O Depot	South Buffalo Street
The Grange Hall	North Buffalo Street

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Orchard Park City Zoning Code

ARTICLE VI

Historic Places, Buildings and Works of Art

§ 225-30 Preservation policy.

(1)

(2)

Protect buildings, structures and areas in the Village of Orchard Park which are recognized as national historic sites and landmarks;

(3)

Stabilize and improve property values;

(4)

Foster civic beauty;

(5)

Strengthen the local economy; and

(6)

Promote the use of the historic places, buildings and works of art for the education, pleasure and welfare of the citizens of the community.

Pursuant to these purposes there is hereby established the following regulations.

§ 225-31 Regulation of structures.

No designated structure shall be constructed, altered, repaired, moved or demolished unless such action complies with the requirements hereinafter set forth.

Review Commission.

(1)

The Planning Board of the Village of Orchard Park shall act as the Review Commission for the purposes of this article.

(2)

(a)

The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

(b)

The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used; and

(c)

Any other factor, including aesthetic, which it deems pertinent.

(3)

The Planning Board may consult with persons of the architectural profession, the landscape architectural profession, the local historical society and the owners of the structures.

Specific standards. In addition to the foregoing general standards, the following specific standards shall apply in appropriate cases:

Demolition.

Moving of structures of historic or architectural value may be permitted by the Planning Board as an alternative to demolition.

(5)

Building permits. The Code Enforcement Official shall not issue a building permit until a certificate of approval of the plans has been issued by the Planning Board.

Procedure for review of plans.

(1)

(2)

(3)

If the Planning Board shall disapprove the plans, it shall so notify the Code Enforcement Official who shall thereupon deny the application for a permit.

(4)

Nothing in this article shall be construed to prevent ordinary maintenance or repair of any designated structure.

§ 225-32 Historic buildings and structures.

[Amended 7-8-1996 by L.L. No. 10-1996[1]]

The historic buildings and structures which are subject to the provisions of this article are hereby designated as follows:

Building or Structure	Location
Millie Michelfelder (Dr. Joll's home) Buffalo Street	S4287 South
Quaker Meeting House	East Quaker Street and Freeman Road
Old B & O Depot	South Buffalo Street
The Grange Hall	North Buffalo Street

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).