Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[Amended 7-15-1987; 11-15-1995; 2-16-2000]
For the purposes of promoting the public health, safety, morals and general welfare of the Town of Orchard Park, the town is hereby divided into the following types of districts:
A-1
Agricultural
R-1
Residential
R-2
Residential
R-3
Residential
R-4
Residential
B-1
Commercial
B-2
Commercial
B-3
Commercial
B-4
Commercial
I-1
Industrial
L-C
Land Conservation
D-R
Development and Research
SR
Senior Residential
[Amended 7-7-1993]
Said districts are bounded as shown on the map entitled "Zoning Map of the Town of Orchard Park," (April 1993) adopted July 7, 1993, and certified by the Town Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.
In case of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer shall request the Zoning Board of Appeals to render its determination with respect thereto.
The restrictions and controls intended to regulate development in each district are set forth in the schedules, which are supplemented by other sections of this chapter.[1] Schedules include the following:
A. 
Zoning Schedule of Use Controls.
B. 
Zoning Schedule of Height, Lot, Yard and Bulk Regulations.
[1]
Editor's Note: The schedules are located at the end of this chapter.
A. 
The districts designated and established in § 144-6 are bounded and defined as shown on a map entitled "Zoning Map of the Town of Orchard Park," which is on file in the office of the Town Clerk and which, with all explanatory matter thereon, is hereby made a part of this chapter as if fully set out or described herein. The Zoning Map shall show the effective date of the ordinance from which this chapter was derived and of each subsequent amendment to said map and shall be duly certified by the Town Clerk.
B. 
District boundary lines are intended to follow property lines or the extensions thereof, center lines of streets or highways or other lines located on the map by appropriate descriptions and dimensions.
Except as hereinafter provided, no building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the regulations hereinafter specified for the district in which it is located.
Churches and other houses of worship. The construction of a church or other house of worship shall be subject to the following conditions in A and all R Zones.
A. 
No church building or accessory structure may be closer than 75 feet to any front lot line.
B. 
No church building or accessory structure may be closer than 50 feet to any side lot line or rear lot line.
C. 
The perimeter of any parking area must be set back at least 75 feet from the right-of-way line of any street and at least 25 feet from any other lot line. Parking shall be prohibited in the front yard.
D. 
An Internal Revenue Service tax exempt certificate or other equivalent certificate must be submitted to the Town Clerk prior to the issuance of a building permit for the construction of a church.
E. 
The perimeter of all parking areas at a church must be screened with appropriate landscaping.
F. 
Parking shall comply with the provisions of § 144-29, Automotive facilities; parking.
G. 
An engineer shall certify that parking areas comply with proper drainage standards.
H. 
Garbage pickup areas shall comply with the provisions of § 144-25, General screening regulations.
[Amended 10-7-1992]
I. 
No access roads to a parking area may be within 50 feet of an intersection.
J. 
A building permit for construction of a church or church accessory structure shall be issued by the Town Board after review and recommendation by the Planning Board.
K. 
Construction of church buildings must comply with the provisions of § 144-44.
[Amended 4-27-2011 by L.L. No. 1-2011; 8-16-2017 by L.L. No. 13-2017; 9-5-2018 by L.L. No. 9-2018; 9-19-2018 by L.L. No. 10-2018]
A. 
On any New Era Field activity date, residential property owners may permit parking for compensation on their premises in the R-3 and R-4 Zones that fall within a one-mile radius from the center of New Era Field. Said radius is described on a map which is made part of this chapter. Such map modifies a Zoning Map of the Town of Orchard Park referred to in § 144-7.
B. 
On any New Era Field activity date, the property owners in any B-2 or I-1 Zone within the one-mile radius described above may permit parking for compensation, providing they have obtained a commercial parking permit from the Town of Orchard Park.
C. 
Only parking lots in existence on May 3, 2017, are allowed hereunder, and all others are specifically prohibited.
D. 
No such allowed parking lot, residential or commercial, shall be expanded beyond its footprint or parking capacity by number of cars beyond that which existed on May 3, 2017.
E. 
The above-referenced regulations are subject to the enforcement of the Town of Orchard Park Police Department or any other agency charged with the regulation of traffic, crowd control, and/or public health and welfare.
Except as hereinafter provided, no building shall be erected or altered to a greater height, to accommodate or house a greater number of families, to have any yard or setback less in width or depth or to have lesser floor area (in the case of dwellings) than is specified herein for the district in which such building is located.
[1]
Editor's Note: Former §  144-14, Reduction of lots and spaces below minimum prohibited, was repealed 4-27-2011 by L.L. No. 1-2011.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.
Reference to any R District shall be construed to mean any R-1, R-2, R-3 or R-4 District. Reference to any B District shall be construed to mean all B Districts.
Where a district boundary line divides a lot of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 50 feet into the more restricted portion, provided that the lot has frontage on a street or highway in the less restricted portion. This section does not apply to multiple dwellings.
[Added 12-20-2006 by L.L. No. 3-2006; amended 10-3-2007 by L.L. No. 8-2007; 4-27-2011 by L.L. No. 1-2011; 5-25-2011 by L.L. No. 2-2011; 8-24-2011 by L.L. No. 3-2011; 10-18-2017 by L.L. No. 15-2017]
A. 
Intent: to create a floating zone to provide areas within the Town's R-1 Residential District for single-family detached residential development in groups on lots which vary in size but where the maximum gross density within the overall development does not exceed one residential lot per acre or fraction of an acre in order to preserve the natural and scenic qualities of open land. The maximum gross density is determined by § 144-5, Definitions. This overlay district is intended to permit single-family detached housing to be sited in closer proximity to each other, with privately contracted maintenance provided by formation of a homeowners' association approved by the New York State Department of Law (Attorney General's Office) and to further provide greater flexibility and creativity in the location of structures on the land and to utilize topography and site features to the best advantage.
B. 
Permitted structures and uses.
(1) 
One-family dwelling and other accessory uses customarily incidental to the principal use, and recreation areas maintained by New York State, Erie County, or the Town of Orchard Park.
(2) 
Open space (common area).
(3) 
Permitted district. The Conservation Management Overlay shall only be permitted within the R-1 Residential District.
C. 
Standards and general requirements.
(1) 
Minimum area. The minimum area required to qualify for the Conservation Management Overlay District shall be 50 contiguous acres. Any parcel or parcels of contiguous conforming acreage donated to the Town as parkland, by the applicant, may be considered as part of the overall minimum acreage required.
(2) 
Permitted district. The Conservation Management Overlay District shall only be permitted within the R-1 Residential District.
(3) 
Buffer strips. A buffer strip consisting of at least 40 feet shall be provided between the subject property and adjacent properties or roads. These buffer strips shall be part of the common area owned and maintained by the homeowners' association. No buildings shall be fewer than 60 feet from any exterior lot line. A buffer strip may be crossed to access an exterior public street from an interior public street. Such streets shall comply with the minimum requirement of streets in the Town of Orchard Park.
(4) 
Open space regulation. Overall, the minimum amount of open space preservation shall be no less than 25% of the gross acreage of the parcel or parcels to be developed. Designated open space shall not include setbacks and lawns and existing rights-of-way and utility easements. At least 75% of designated open space shall be contiguous. At least 50% of designated open space shall be defined as "green space" and shall be maintained in a natural, undisturbed condition. Limited access to green space may be allowed in the form of a walking or biking path. All paths are subject to approval by the Planning Board. The remaining designated open space shall be defined as "common area" and may be used for passive or active recreation. If used for active recreation, impervious surface shall not exceed 5% of this area.
(5) 
Open space management. Open space or common area in the Conservation Management Overlay District is a parcel or parcels of land, together with improvements thereon, the use and enjoyment of which are shared by the owner-occupants of the individual building sites. Where such property exists, the landowner shall provide for and establish a homeowners' association, approved by the New York State Department of Law (Attorney General's Office), for the ownership and maintenance of any common property. Each lot owner shall be required to maintain membership in the homeowners' association, which shall be formed prior to conveyance of the first lot. Such homeowners' association shall not be dissolved, nor shall it dispose of any common property by sale or otherwise. Development in designated open spaces is prohibited.
(6) 
Stormwater management. Stormwater control design shall be in compliance with all provisions of Chapter 144, Article XII (Stormwater Control), of the Town Code. Stormwater system design shall also be in compliance with all New York State Department of Environmental Conservation Phase II stormwater regulation requirements except where Town requirements are more restrictive.
(7) 
Design standards. Design standards and submittal requirements for the infrastructure of the CMO shall be the same as outlined in Chapter 121 (Subdivision) except as otherwise noted in this section.
(8) 
Landscape design standards.
(a) 
Landscape treatment for roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site.
(b) 
Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine 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 plan.
(d) 
Landscape plans shall be submitted to the Conservation Board for recommendation to the Planning Board.
D. 
Design regulations for principal structure and uses.
(1) 
Minimum lot area. Having achieved all goals of the Conservation Management Overlay District, the minimum lot size may be reduced to no less than 8,500 square feet, provided that any and all such area that is not designated to serve as residential areas, roads, or other public purposes be set aside and restricted on the subdivision plat for use by inhabitants as common open space, parkland, or recreational purposes of an active or passive nature.
(2) 
Minimum lot width. The required minimum lot width shall be no less than 60 feet.
(3) 
Minimum front setback.
(a) 
Interior public streets. Minimum front setback measured from the right-of-way is 30 feet.
(4) 
Minimum side setback. The side setback may vary depending on the design and arrangement of the building, drives and common open space. However, there shall be a minimum setback distance of five feet from any property line, and the total side lot setback shall be a minimum of 20 feet for each lot. Additionally, the minimum distance between adjacent dwellings shall not be less than 20 feet.
(5) 
Minimum rear setback. No principal building shall extend closer than 30 feet to the rear lot line. The minimum distance between dwellings backing up to each other shall not be less than 60 feet.
(6) 
Maximum lot coverage. The maximum lot coverage shall be 42%.
(7) 
Maximum structure height. The maximum structure height shall not exceed two stories or 35 feet and shall be in accordance with the R-1 Residential District within the Town of Orchard Park. The maximum unattached accessory height shall not exceed 18 feet.
(8) 
Minimum habitable floor area, for dwellings only, shall be in accordance with R-1 Districts, Town of Orchard Park minimum.
(9) 
Arrangement, access and other requirements.
(a) 
Dwelling units may only be arranged on interior public streets.
(b) 
Each dwelling unit must be accessible by means of a public street to service vehicles and emergency vehicles.
(c) 
The standards of design and construction for interior public streets shall meet applicable Town specifications for public streets. However, pavement widths may be reduced to 24 feet. In addition to pavement widths, thirty-inch concrete gutters must be installed on each side of all designated interior public streets.
(d) 
Within the CMO District, the center line radius of curves can be reduced to a minimum of 100 feet.
(e) 
The location, design, and construction of all public facilities shall meet all applicable specifications and must be adequate to serve the needs of the development.
(f) 
The procedures for the preservation and maintenance of all pedestrian ways and common open space shall be the responsibility of the homeowners' association identified in Subsection C(5).
(g) 
Sidewalks (optional) are to be a minimum width of four feet and are to be placed on both sides of the road one foot inside the ROW. The maintenance and repair of sidewalks as defined in Chapter 120, Article II, of the Town Code is to be the responsibility of the homeowners' association for the CMO.
E. 
Site plan review.
(1) 
A petitioner seeking to create a Conservation Management Overlay District shall make application in compliance with Article X, Amendments, of the Zoning Ordinance. Creation of a Conservation Management Overlay District shall be considered an amendment to the Zoning Ordinance.
(2) 
The Planning Board shall review the proposed development in accordance with the subdivision review process, landscape and screening regulations in § 144-46C(5), Proper landscaping.
(3) 
Subdivision lots shall be created to allow owners flexibility in the private use of their lots. The homeowners' association shall regulate and control any changes to private lots that are requested by the owner of the lot. The minimum lot size for each dwelling unit is in accordance with supplemental height, lot, yard and bulk regulations as listed in Subsection D.
(4) 
All other lands are to be common (area) property, which is a parcel or parcels of land, together with improvements therein, the use and enjoyment of which are shared by the owner/occupants of the single-family detached housing and who are members of the homeowners' association approved by the State of New York Department of Law (Attorney General's Office).
(5) 
The architectural style of all new structures must be reviewed and approved by the Planning Board. The applicant shall provide the Planning Board with building elevations, plans, and color renderings. A list of proposed building design materials shall also be provided.
(6) 
Any applicant seeking a Conservation Management Overlay District designation will be prohibited from using § 339-y of the Real Property Law of New York State.
(7) 
Fees. The Conservation Management Overlay District shall be subject to the following fees: public hearing fees, recreation fees (if land is not taken in lieu of recreation fees) and subdivision development fees.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-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, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET
A 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.
ADULT MINI-MOTION-PICTURE THEATER
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.
ADULT MOTION-PICTURE THEATER
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.
PERSON
Any person, firm partnership, corporation, association or legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
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.
B. 
Restrictions. Adult uses, including but not limited to adult bookstore, adult motion-picture theater, adult mini-motion-picture theater and adult entertainment cabaret, shall be permitted, subject to the following restrictions.
(1) 
No such adult use shall be allowed within 1,500 feet of another existing adult use.
(2) 
No such adult use shall be located within 1,500 feet of the boundaries of any zoning district which is zoned exclusively for residential use (those zones designated R-1, R-2, R-3 or R-4).
(3) 
No such adult use shall be located within 1,500 feet of an existing school or place of worship.
(4) 
Adult uses shall be classified as a special exception use in the I-1 District and shall not commence operation until securing a permit pursuant to Article VI of this chapter, entitled "Special Uses."
C. 
Registration.
(1) 
The owner of a building or premises, his 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 Town Clerk of the Town of Orchard Park:
(a) 
The address of the premises.
(b) 
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.
(c) 
The name of the business or the establishment subject to the provisions of this section.
(d) 
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.
(e) 
The date of initiation of the adult use.
(f) 
The nature of the adult use.
(g) 
If the premises or building is leased, a copy of said lease.
(2) 
It is a violation of this section 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 Town Clerk.
D. 
Display 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 Town Clerk.
E. 
Public observation prohibited. 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 provision shall apply to any display, decoration, sign, show window or other opening.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AMUSEMENT ARCADE
A building or place which provides entertainment by means of amusement devices and which contains more than five such devices.
AMUSEMENT DEVICE
Any mechanical or electronic device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, effects the operation thereof for use as a game, contest or amusement by one or more persons, singularly or collectively, or which may be so used. The term "amusement device" includes but is not necessarily limited to pinball machines, bagatelle, pool tables, foosball tables, electronic games and similar devices. The term "amusement device" does not include jukeboxes or rides.
PERSON
Includes individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, corporations or unincorporated groups, or any members, officers, directors or stockholders or any kind of personal representatives thereof, in any capacity, acting for himself or for any other person under either personal appointment or pursuant to law.
PREMISES
Any public or quasi-public place or building where the public may enter.
B. 
License required. No person shall operate, conduct or maintain an amusement arcade, as defined herein, on any premises in the town without having obtained and having in force and effect a license therefore.
C. 
Application for license.
(1) 
Any person desiring to operate, conduct or maintain an amusement arcade shall file an application with the Town Clerk.
(2) 
The application shall contain, at a minimum, the following information:
(a) 
The name and address of the applicant.
(b) 
If the applicant is not the owner of the premises, the name and address of the owner of the premises.
(c) 
The number and type of amusement devices and proposed location.
(d) 
Serial number or other identifying information of each amusement device.
(e) 
A description of the size and location of said premises.
(f) 
Such further information as the Town Clerk shall require.
D. 
Fees. Upon the approval of the Town Clerk, a license shall be issued for an amusement arcade upon payment of an annual fee of $500 plus $10 per amusement device.
E. 
Restrictions on issuance of license.
(1) 
No license shall be granted for any premises to be used as an amusement arcade if such premises is located within 500 feet of the lot line of a public or private school, church or any R District boundary.
(2) 
No license shall be issued or reissued to any applicant convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the operation, maintenance or ownership of the amusement arcade.
F. 
Issuance of license; expiration and renewal.
(1) 
Upon proper application and submission of the appropriate fees, the Town Clerk shall issue a license.
(2) 
Licenses issued under the provisions of this section shall expire on June 30 of each year and will be renewed by the Town Clerk upon receipt of a renewal fee in the amount provided in Subsection D hereof. The license fee for any license obtained during the calendar year shall be prorated on a monthly basis and the fee reduced accordingly.
G. 
Use and operation restrictions.
(1) 
No cash awards shall be made in any contest, tournament, league or individual play on any amusement device, nor shall any device be permitted to operate if said device delivers or may readily be converted to deliver to the player any coins, slugs or metal tokens on certain scores, if such delivery of coins, slugs or metal tokens is or is held to be contrary to any law or ordinance.
(2) 
Any amusement arcade shall not open prior to 10:00 a.m. and shall close by 9:00 p.m. each day of the week, with the exception of those amusement arcades located on premises licensed by the State Liquor Authority, and except that such arcades shall be permitted to remain open between 9:00 p.m. and 11:00 p.m. on Friday and Saturday of the week.
(3) 
Compliance with ordinances required. Every person, firm or corporation which or who maintains, operates or conducts an amusement arcade shall comply with all applicable ordinances of the Town of Orchard Park.
H. 
Substitution, deletion or addition of amusement devices.
(1) 
Any amusement device may be substituted or deleted by the owner or operator without additional fee under the license then in existence, provided that the Town Clerk receives the information required by Subsection C(2) regarding any such amusement device proposed to be substituted or deleted.
(2) 
Amusement devices may be added by the owner or operator of the amusement arcade upon payment of a fee of $10 per additional amusement device, provided that the Town Clerk receives the information required by Subsection C(2) regarding any such amusement device proposed to be added.
I. 
Supervision. An amusement arcade, whenever operated or used, shall be supervised by a person 18 years of age or older. Such person shall ensure that the premises are used or operated in an orderly manner.
J. 
Transfer of license. Every amusement arcade license shall apply only to the person to whom granted and for the premises stated in the application, and no such license shall be transferable.
K. 
Suspension or revocation of license. Any license issued under the provisions of this section may be suspended or revoked by the Town Clerk if the applicant has violated the provisions of this section or made a false statement on the application for license, or if the use and operation of the amusement arcade constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.
L. 
Denial, suspension or revocation. Any person aggrieved by a decision of the Town Clerk in denying, suspending or revoking any application for a license or license issued here-under may apply to the Town Board for review. Such request for review shall be made within 30 days after the rendition of the decision of the Town Clerk, by the filing of a notice of appeal specifying the grounds therefor.
M. 
Penalties for offenses; administration and enforcement.
(1) 
Any person committing an offense against any provision of this section shall be guilty of a violation punishable by a fine of at least $10 but not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this section shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
(2) 
The provisions of this section shall be administered and enforced by the Town of Orchard Park Police Department and the Zoning Officer of the Town of Orchard Park.
N. 
Parking. The premises shall provide parking for automobiles, as provided in § 144-29 of this chapter, and racks for the parking of bicycles, which shall be sufficient to park one bicycle for each amusement device. Additional parking spaces for bicycles shall be required when, in the opinion of the Planning Board, such parking spaces are necessary.
O. 
Lighting. The premises shall provide clear windows through which activities in the premises may be viewed from a point outside the premises accessible to the public and sufficient to view such activities.