Orchard Park Town City Zoning Code
ARTICLE XIII
Architectural Overlay Districts; Architectural Review Board; Certificate of Appropriateness
§ 144-75 North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District.
[Amended 6-18-2014 by L.L. No. 6-2014; 9-4-2019 by L.L. No. 5-2019]
A.
Purpose and goal: to maintain and enhance the unique character of North Buffalo Road from Southwestern Boulevard to the north Village line and South Buffalo Street and Ellicott Road from New Armor Duells to the south Village line in keeping with its small-town character. The character of Orchard Park is, in part, dependent upon its physical attributes, the architecture of its buildings, how well those buildings are located and oriented on their sites, how they relate to one another and the surrounding elements. A building's size, shape, height, mass, color, materials, texture, roofline, roof treatment, and window and entry placement combine to give the users and passersby a specific image and identification for the area in particular and the community as a whole. The following guidelines are intended to require excellence in the design of buildings proposed for the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District and to foster development that is consistent with the small-town character and the ambience of suburban and yesteryear Orchard Park. These guidelines will address required approaches to the design of structures, focusing on building scale, shapes, massing, heights, colors, materials, roof treatments, facades, and building site orientation to achieve diversity and design excellence in residential and nonresidential development in the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District. Further, the streetscape and landscaping features of the area should enhance and complement the District to create the most attractive and compatible northern and southern entryway possible into the historic community center, the Village of Orchard Park.
B. NORTH BUFFALO ROAD/ARCHITECTURAL OVERLAY DISTRICT SOUTH BUFFALO STREET/ELLICOTT ROAD ARCHITECTURAL OVERLAY DISTRICT
Definitions. As used in this section, the following terms shall have the meanings indicated:
All premises which have frontage on North Buffalo Road between the center line of Southwestern Boulevard and the Orchard Park Village line, extending 350 feet on the east and west sides of the street and any contiguous properties with the same owner prior to January 7, 2009.
All premises along South Buffalo Street and Ellicott Road from New Armor Duells Road to the South Village lot line in the Business Zone.
C.
Architecture. The construction of new buildings, additions, alterations or renovations within the North Buffalo Road and South Buffalo Street and Ellicott Road Architectural Overlay District should add life and vibrancy to the existing neighborhood. New design must be carried out in such a way that it complements rather than detracts from the streetscape.
D.
Location. New construction, additions, alterations or renovations should be oriented in conformity with the other buildings on North Buffalo Road and South Buffalo Street/Ellicott Road to New Armor Duells Road. The prevailing setback of the street should be maintained by any new construction.
E.
Scale. New construction, additions, alterations or renovations should be compatible in scale with the other buildings in the area. New construction, additions, alterations and renovations of a massive scale shall not occur within the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District, nor shall very small, out-of-proportion main buildings on a property be added to the stock of the road. Buildings should not be branded using an architectural style of a company. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is not allowed.
F.
Rhythm. New construction, additions, alterations or renovations should mirror the window and door rhythm and the height of various elements (windows, rooflines, etc.) of the adjacent and other buildings on the street.
G.
Massing. New buildings should incorporate the same general patterns of massing, including window and door forms, roof profiles and building shapes as are evident in the existing architecture of the District.
H.
Materials. New buildings should incorporate the same exterior materials as exist on current buildings within the District. Large expanses of glass and synthetic materials should be avoided. The use of wood, composite wood, or cementitious material is recommended.
I.
Roof architecture and treatments. The use of architectural features, such as three-dimensional cornice treatments, enclosed parapet wall forms and details, overhanging eaves, etc., is encouraged to enhance the architectural character of the roof. Rooftop plumbing, vents, ducts, and air-conditioning and heating equipment, communication antennas, and other mechanical or electrical equipment must be located away from public view and screened in such a manner so as not to be visible from any angle or any height outside of the building.
J.
Other exposed mechanicals. Exposed mechanical equipment, such as through-wall and window air conditioners, vent pipes, electrical conduit and boxes, is not permitted on the street face or on any side elevation that is visible from the street.
K.
Additions. Additions to existing buildings should generally be made on the side or rear elevation with minimal impact on existing features, and should be made in such a manner that, if removed in the future, existing material would not be irreparably damaged. Additions should use materials compatible with the existing building and should incorporate massing, scale, window and door proportions, etc.
L.
General guidelines for new construction in the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District.
(1)
New additions to existing properties shall include new construction physically attached to an existing structure, such as an appendage to a building, or separate new pieces of construction having nearby existing counterparts, such as a new building adjacent to a similar resource.
(2)
Any new addition should be located in a manner that allows existing features to remain the primary visual and physical components of the existing property. Considerations include characteristics such as density, orientation, scale, and form of features both within the existing property and its setting.
(3)
Attached additions, such as a building appendage, should be somewhat smaller in scale, although similar in overall form to the existing feature. Separate new construction, such as a new building along this overlay street, should be of the same general scale and size as the adjacent existing counterparts. Considerations include overall dimensions, as well as size of significant features, such as roof slopes and overall height, and general alignment. A general rule of thumb is that the new construction falls within 10% of the scale of existing equivalents.
(4)
Additions to existing properties should reflect the shape or form of similar adjacent existing counterparts. When shape is determined by strict geometric arrangements, for example, the combination of rectilinear components to form buildings, these same forms should be reflected in the proposed addition. If existing forms are more organic or free-flowing, as might be the case in the arrangement of structures in the overall layout on a property, such forms should guide the design of the new construction.
(5)
New construction should be comprised of individual features comparable, but not identical, to those of similar existing properties. In those areas of the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District which are characterized by dwellings having front porches, paired windows and dormers, etc., new buildings should include these same features.
(6)
Materials used in new construction should be comparable with those of corresponding existing properties and their features. Additions having existing counterparts should reflect the overall pattern, texture, and color of materials found at the existing property. For example, a new outbuilding should complement the existing main building in application of roof, building massing, and foundation materials that complement those of the existing property.
(7)
A property's color palate should not be more than three colors: one base color, one trim color, and one accent color. Encourage trim and accent colors that contrast with the base color. Trim and accent colors should be either lighter or darker than the base color.
(8)
Articulation.
(a)
If buildings are longer than 30 feet, they should include modulation and/or articulation features at a maximum of 30 feet to reinforce the small pattern of earlier times. At least two of the following methods must be employed at intervals of no greater than 30 feet.
(b)
Vertical articulation should be used to moderate buildings extending to the full 35 feet of vertical development permitted by local ordinance, such as cornice treatments, differing levels of fenestration, material changes, pedestrian-scale building details, and weather protection elements, such as awnings and door overhangings.
M.
Signs.
(1)
Signs should be architecturally compatible with the style, composition, material, color, and detail of the building and other signs on nearby buildings. They should also provide adequate identification of the business. All signs need to comply with the Town of Orchard Park Zoning Code general sign requirements.
(2)
Signs constructed of materials such as wood or metal are preferred. Permanently painted window or awning signs are encouraged if compatible with the architectural style of the building. Painted window signs shall not consume more than 1/3 of the glazed area of the window.
(3)
Neon signs are not permitted on the exterior of the building. They may be used in the interior of a display window. However, they may not cover more than 1/3 of the window surface.
(4)
Projecting signs cannot block or obliterate intricate facade detailing, windows or cornices of the building upon which they are attached. Franchise signage will be moderated to comply with the design intents of the district.
N.
Exterior lighting.
(1)
Lighting along the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District shall serve to illuminate facades, signage, and landscaping. Illumination shall provide an adequate level of personal safety, while enhancing the aesthetic appeal of building and grounds.
(2)
The use of shaded gooseneck style, lanterns, and other style lighting fixtures relative to the particular architectural character of the building are recommended.
(3)
The backlighting of semitransparent awnings, colored lighting, and neon lighting are not permitted.
(4)
Catalog cuts or photographs of all proposed lighting fixtures shall be submitted to the Architectural Review Committee for review and acceptance.
O.
Awnings.
(1)
The use of awnings is encouraged within the North Buffalo Road and South Buffalo Street/Ellicott Road Architectural Overlay District to enhance the traditional and historic character of the community. Awnings are to provide sun protection for display windows and/or residential windows, shelter for pedestrians, and a sign panel for businesses.
(2)
Retractable or operable awnings are recommended. Large expanses of awnings should be broken into segments that reflect individual storefronts. Awnings are not permitted to extend across multiple storefronts and/or multiple buildings. Awnings must be constructed of durable, protective, and water-repellent material and project a maximum of 36 inches from a building facade. Plastic or fiberglass awnings are not permitted. The backlighting of permitted awnings is not acceptable.
P.
Streetscaping. Landscaping treatments should be used to enhance the pedestrian and vehicular experience, complement architectural features, and/or screen utility areas.
(1)
A streetscape master plan shall be prepared by a registered landscape architect which will encompass a selection of trees, shrubs, ground covers, and perennials and location of annuals, as well as hardscapes. Hardscapes will include paving materials, benches, landscape aggregates, and lighting. This master plan will be reviewed by the Conservation Board and the Planning Board, with final approval granted by the Town Board.
(2)
Any new construction shall conform to the streetscape master plan. The Conservation Board shall be familiar with all details of the plan as well as all landscape architects doing work in the Architectural Overlay District.
(3)
Some plantings should be located on private property, with the permission of the owners, to give continuity to the whole streetscape.
(4)
Funding of the streetscape shall be derived from recreation land fees, as well as forfeited landscape fees from other projects.
Q.
Drive-through windows, defined as those windows which allow for service of food and other services or products from a window in a structure which allows for such service without the patron leaving his or her vehicle, are hereby prohibited in the Architectural Overlay District.
§ 144-76 Architectural Review Board.
[Amended 6-18-2014 by L.L. No. 7-2014]
A.
There is hereby created a board to be known as the Architectural Review Board. The Board shall consist of seven members to be appointed, to the extent available in the community, by the Town Board as follows:
B.
One member of the Board shall be appointed for the term of one year, one member of the Board shall be appointed for the term of two years, one member of the Board shall be appointed for the term of three years, one member of the Board shall be appointed for the term of four years, one member of the Board shall be appointed for the term of five years, one member of the Board shall be appointed for a term of six years and one member of the Board shall be appointed for a term of seven years. All subsequent appointments shall be for a full seven-year term.
C.
Vacancies shall be filled for the unexpired terms only and members may be removed for cause by the Town Board upon written charges and after a public hearing.
D.
There shall be a Chairman and Vice Chairman of the Board who will be elected by and from the members of the Board.
E.
The powers of the Board shall include:
(1)
Utilization of staff and professional consultants as necessary to carry out the duties of the Board at the cost of the petitioner.
(2)
Promulgation of rules and regulations as necessary for the conduct of its business.
(3)
Approval or disapproval of applications for certificates of appropriateness pursuant to this article.
F.
The Board shall meet at least monthly, but meetings may be held at any time on the written request of any two Board members or on the call of the Chairman or the Town Board and the Building Inspector's office.
G.
A quorum for the transaction of business shall consist of three of the Board's members, but not fewer than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
§ 144-77 Certificate of appropriateness.
A.
Generally. No person or representative of any petitioner shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a structure within an architectural district, nor shall any person or representative of any petitioner make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, stops, paving, or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the architectural district, without first obtaining a certificate of appropriateness from the Architectural Review Board.
B.
Criteria for approval. The Architectural Review Board shall apply the criteria set forth in this ordinance in approving a certificate of appropriateness for any structure in the architectural district.
C.
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such certificate with the Architectural Review Board. The application shall contain:
(1)
Name, address, and telephone number of applicant.
(2)
Location and photographs of property.
(3)
Elevation drawings, including relationship to adjacent properties, if available.
(4)
Perspective drawings, including relationship to adjacent properties, if available.
(5)
Samples of color or materials to be used.
(6)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property.
(7)
Any other information which the Board may deem necessary in order to visualize the proposed work.
D.
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Architectural Review Board. Nor shall a certificate of occupancy be issued until a certificate of appropriateness has been issued. The certificate of appropriateness required by this article shall be in addition to and not in lieu of any building permit that may be required by any other ordinance.
E.
The Board shall approve, deny, or approve the permit with modifications within 45 days from receipt of the completed application. The Board may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.
F.
All decisions of the Board shall be in writing. A copy shall be sent to the applicant by registered mail, a copy to the Building Inspector, and a copy filed with the Town Clerk's office for public inspection. The Board's decision shall state the reasons for denying or modifying the application.
§ 144-78 Administration and enforcement.
A.
Enforcement. All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the Building Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Architectural Review Board, the Building Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on a project as long as a stop-work order is in effect.
B.
Maintenance and repair requested.
(1)
No owner or person within an architectural district shall permit the property to fall into a serious state of disrepair so as to result in deterioration of any exterior architectural feature which would, in the judgment of the Architectural Review Board, produce a detrimental effect upon the character of the architectural district as a whole or the life and character of the property itself.
(2)
Examples of deterioration include:
(a)
Deterioration of exterior walls or other vertical supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.
(f)
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
C.
Violations. Failure to comply with any of the provisions of this article shall be deemed a violation. The violator shall be liable to a fine of not less than $50 nor more than $500 for each violation and for each day the violation continues.