Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
A. 
Existing lots of record. A single-family structure may be constructed on any lot of record in any A or R District if said lot is less than the minimum area required for building lots in the A or R District in which it is located, provided the following conditions exist or are met:
(1) 
Availability of adjoining vacant land. No structure shall be erected on any nonconforming lot if the owner of said lot owns any adjoining vacant land which would create a conforming lot if said vacant land were combined with the lot deficient in area.
(2) 
Nonconforming lots 60 feet in width or less shall have a side yard setback of five feet. Side yard setbacks of nonconforming lots greater than 60 feet shall increase one additional foot for each 10 feet of width up to the minimum side yard setback set forth in this chapter. Where said lot is adjacent to any street, a side yard conforming to that set forth in § 144-22D shall be required.
[Added 8-6-1997[1]]
[1]
Editor's Note: This resolution also repealed former Subsection A(2), regarding side yards.
(3) 
Front and rear yards. No structure shall be constructed on a nonconforming lot unless it shall have front and rear yards conforming to the minimums required for the A or R District in which said lot is located.
B. 
Visibility at intersections. No fence, wall, hedge, shrub planting or tree foliage which obstructs sight lines at elevations between two 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 50 feet distant from their intersection or, in the case of a rounded or cutoff corner, from the intersection of such lines extended.
C. 
Required area or space cannot be reduced. The area or dimensions 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.
D. 
Use. Only one use shall be permitted on a lot. Uses permitted in R Districts shall not be permitted on the same lot with uses permitted in B Districts or I Districts.
E. 
Any exterior display or storage in all B and I Zones must be approved by the Planning Board.
[Added 5-17-1989; amended 8-6-1997; 4-27-2011 by L.L. No. 1-2011]
A. 
Permitted exceptions to height regulations. The height limitations of Article IV and Article V shall not apply to antennas of a licensed amateur radio operator who operates for a noncommercial purpose under a license issued pursuant to Part 97 of the Federal Communications Commission Regulations, whose antenna does not exceed 60 feet in total height above ground level and does not occupy more than 1/10 of the roof area, chimneys, church spires and belfries, silos, tanks, ventilators or necessary mechanical features not occupying more than 1/10 of the roof area.
B. 
Roof-mounted antennas.
[Amended 8-6-1986; 8-6-1997]
(1) 
Roof-mounted antennas, including dish antennas or other devices for receiving, sending or relaying electronic signals, except as hereinafter provided, shall not project more than six feet above the highest point of the building nor exceed three feet in diameter.
(2) 
Roof-mounted antennas, including dish antennas or other devices for receiving, sending or relaying electronic signals in connection with point-to-point bypass communication facilities, which facility is located in an I-1 Industrial Zone, shall not exceed three feet in diameter.
C. 
The height limitations of Article IV and Article V shall not apply to towers for point-to-point bypass communication facilities located within an I-1 Industrial Zone, which meet the following criteria:
[Added 8-6-1986]
(1) 
Height of any such tower, together with any antennas attached thereto, shall not exceed 80 feet, and the wind-resistance area of any antenna shall not exceed 30 square feet.
(2) 
The tower shall be no closer to any lot line than its height (tower and antennas).
(3) 
The tower shall be located only in the rear yard and limited to not more than one tower per site.
[Amended 8-6-1997]
(4) 
A site plan shall be made and shall include the submission of a certification by a registered professional engineer that the tower was designed and installed to withstand all load requirements for structures as set forth in the New York State Building Construction Code, the National Electrical Code and Electronics Industries Association Standard R5-22C specification.
A. 
Every part of a required yard must be open to the sky unobstructed except for accessory buildings in a rear or side yard, except for the porches, balconies, steps, sills, belt courses, cornices and ornamental features projecting not to exceed three feet and except for the following structures:
(1) 
Wall, hedge or fence not over three feet high in any front yard or side street yard, provided that such wall, hedge or fence does not obstruct or obscure visibility of or for pedestrians or vehicles approaching or leaving the premises on which the said wall, hedge or fence is erected.
(2) 
Wall or fence not over six feet high in any other yard; provided, however, where both the front and rear yards have frontage on any street or streets, a wall, hedge or fence in any such yard shall not exceed three feet in height.
(3) 
Retaining wall of any necessary height.
B. 
Lot frontage on street. No dwelling shall be erected on any lot which does not have immediate exclusive access measuring a minimum of 30 feet along and contiguous with a dedicated street or highway length; and provided further that said access shall be in accordance with § 280-a of the Town Law. For purposes of this subsection, the stub end of the street shall not be considered a portion of the street or highway length. Two lots with minimum street access shall not be contiguous.
[Amended 10-7-1992 by L.L. No. 4-1992;[1] 8-6-1997]
[1]
Editor's Note: This local law also provided as follows: "To the extent that this local law conflicts with § 280-a of the Town Law. § 280-a is specifically superseded."
C. 
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 Town 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.
D. 
Side yard of corner lot. The side yard of any corner lot of record at the time of adoption of this chapter shall have a width equal to the required minimum front yard setback of any adjoining lot fronting on the side street; provided, however, that the side yard of any corner lot in a B-1 or B-2 Commercial District shall have a minimum width of 10 feet where the front of the building on said lot is set back at least 300 feet from the intersecting or intercepting streets.
[Amended 10-1-1986]
E. 
Transition yard requirements.
[Amended 8-16-2017 by L.L. No. 7-2017]
(1) 
Where a residence district abuts a nonresidence district on a street line, there shall be provided in the nonresidence district for a distance of 50 feet from the district boundary line a landscaped front yard at least equal in depth to that required in the residence district.
(2) 
Where the side or rear yard in a residence district abuts a side or rear yard in a nonresidential district, there shall be provided along such abutting line or lines a side or rear landscaped yard at least equal in depth to that required in the residence district. In no case, however, shall the abutting side yard be less than 20 feet nor the abutting rear yard be less than 20 feet.
F. 
Rear yard depth variation. In any R District where the lot is wider than the stipulated minimum width, the depth of the rear yard (measured from the main building) may be reduced by 1 1/2 times the excess of the actual width over the minimum width. In no case, however, may the rear yard be less than 30 feet in depth. The stipulated minimum distance from any accessory building to the rear lot line must be maintained in every case.
G. 
A driveway to any structure or any hard surface other than natural vegetation shall be located no closer than five feet to the lot line. This section shall apply to all lots in the business zones and the industrial zones. This section shall apply to any subdivision lot which has not received concept approval on or before January 1, 1990, and to any newly created lot which is filed in the Erie County Clerk's office subsequent to January 1, 1990.
[Added 12-6-1989; amended 5-2-1990]
H. 
The height, yard, lot and bulk regulations applicable to front yards shall apply to the front yard and rear yard of any through lot.
[Added 4-17-1991]
Land coverage by principal and accessory buildings or structures on each zone lot shall not be greater than is permitted in the district where such principal and accessory buildings are located.
A. 
Minimum regulations.
(1) 
Unattached accessory structures in all Districts. Accessory structures which are not attached to a principal structure may be erected in accordance with the following requirements:
[Amended 8-6-1997]
(a) 
An accessory building shall not exceed one story or 18 feet in height and may occupy not more than 25% of a required rear yard.
(b) 
No accessory structure shall be located within the front yard or required side yard.
(c) 
No accessory structure shall be located closer than 10 feet to any primary structure.
(d) 
No accessory structure shall be located closer than 10 feet to the rear lot line.
(2) 
Attached accessory structures in R Districts and A Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.
(3) 
Accessory structures in other than R Districts. The provisions of this subsection relating to accessory structures shall not apply to farms as defined in this chapter.
(4) 
Accessory structures, antennas, including dish antennas or other devices for receiving, sending or relaying electronic devices: all districts. The structure shall have a permanent foundation. The extremities of the device, including guy wires or anchors, shall comply in all respects with the yard requirements of this chapter applicable to unattached accessory structures and shall not exceed 12 feet in height.
(a) 
Corner lots. The structure shall not be located between the side street lot line and the principal building.
(5) 
Accessory structures, windmills, wind vanes or similar energy converting devices: permitted in A-1 and I-1 Districts only. The total design of any structure and its components shall be reviewed and stamped by professional engineer(s).
(a) 
The setback from any side or rear lot line or any building or accessory building shall be equal to the overall height of the structure, plus 10 feet.
(b) 
Corner lots. The structure shall not be located between the side street lot line and the principal building.
(c) 
The height shall not exceed 40 feet.
B. 
Accessory structures in B and I Districts shall be a minimum of 10 feet from the rear and side lot lines. They shall be no larger than 240 square feet.
[Added 8-6-1997; amended 4-27-2011 by L.L. No. 1-2011]
A. 
Screening in transition yards. Minimum required screening within required transitional side and rear yards shall be six-foot stockade-type fence or equal, erected along the side property line from the required front yard to the rear property line and along the rear property line. Such fence shall be erected and maintained by the owner of the nonresidential use or his agent. If such fence is not maintained by the owner or his agent, the town shall maintain such fence at the owner's expense. In lieu of a fence, the Town Board in its discretion may require the owner to install and maintain planting as specified by the Town Board, to be placed and maintained by the owner or his agent. In the event that such planting is not maintained by the owner or his agent, the Town Board may require a fence to be erected.
B. 
Unenclosed uses. Any use which is not conducted within a completely enclosed building, including but not limited to outdoor storage and lumber and building materials yards, shall be enclosed by a substantial and solid fence or suitable natural hedge, with openings only for access and egress, which shall be at least eight feet in height, and kept in good order and repair, shall have no storage outside of the solid fence and shall be no nearer than 50 feet to any public highway right-of-way line. This subsection shall not apply to nurseries and display for sale purposes of new or used cars, trucks, trailers, bicycles, motorcycles or farm equipment.
C. 
Garbage pickup areas. Garbage dumpsters shall be enclosed by a substantial and solid fence or suitable opaque structure, with movable openings only for ingress and egress. Doors or openings shall be kept shut, and the area shall be kept neat and tidy. The fence or structure shall be at least eight feet in height as measured from the final dumpster grade height or two feet above the garbage dumpster top, whichever is greater. The fence or structure shall be kept in good order and repair. Garbage pickup areas shall be located so as not to interfere with parking.
[Added 10-7-1992[1]; amended 5-7-2008 by L.L. No. 4-2008]
[1]
Editor's Note: This resolution also provided that former Subsection C be redesignated as Subsection D.
D. 
Cash deposit. The Town Board, in its discretion, may require a satisfactory bond or a satisfactory cash deposit to guarantee the installation of screening or planting.
[Amended 10-7-1992]
A. 
No excavation, removal, storage or filling of earth, sand, gravel, rock, topsoil or other similar material (excluding wood), other than excavation, removal or storage necessary in connection with the construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public or private utilities, shall be commenced in the Town of Orchard Park except in conformity with the provisions of this section.
[Amended 8-6-1997]
B. 
Before excavation, removal, storage or filling of any of the material mentioned in Subsection A, the owner or lessee of such premises or tract of land shall obtain a written permit therefore, to be issued by the Town Clerk of the Town of Orchard Park after approval by the Town Board.
[Amended 8-6-1997]
C. 
Application.
(1) 
Comprehensive plan; permit from Department of Environmental Conservation.
(a) 
The applicant shall file with the Town Engineer of the Town of Orchard Park an application, in duplicate, together with a comprehensive plan drawn to scale of one inch equals 100 feet, setting forth in detail:
[1] 
The location of the premises and the location and extent of the proposed excavation or filling.
[Amended 8-6-1997]
[2] 
The exact conditions, profiles and cross sections of premises before excavation or filling and those proposed after excavation or filling.
[Amended 8-6-1997]
[3] 
Drainage systems to be installed to ensure proper surface drainage during and after completion of the work.
[4] 
Grades of all creeks or drainage ditches at fifty-foot intervals for a minimum distance of 500 feet beyond the parcel of land covered by the permit.
[5] 
Location of all existing buildings on said premises.
[6] 
Elevations at intervals of 50 feet.
[7] 
All existing utilities adjacent to and on the same premises and proposed protection or treatment thereof.
[8] 
Proposed surface texture or ground cover after excavation or filling.
[Amended 8-6-1997]
(b) 
A permit from the New York State Department of Environmental Conservation or, in the alternative, a statement from any appropriate official at the New York State Department of Environmental Conservation that no permit is required shall be submitted with the application.
(2) 
The elevations shown on the above-mentioned plan shall refer to the established data on file in the Town Engineer's office.
(3) 
Such plans must be prepared by an engineer or land surveyor duly licensed to practice in the State of New York.
D. 
Corner posts shall be set designating the land area involved. Such posts shall have a sign affixed thereto, 24 inches in length by 12 inches in height, containing the name of the person to whom the permit has been issued, the permit number and a statement of the month of issue. The top of such corner posts shall be at least four feet above the ground level and placed in position by the licensed engineer or surveyor at the time of the original survey. These posts shall be maintained in their exact positions throughout the entire operation to aid in the inspection of the area to which the permit relates by all interested persons. In the event such posts are not in place, said permit shall be subject to revocation at the discretion of the Town Board until such time as they have been replaced in exact position.
E. 
No such excavation or stockpiles arising therefrom shall be made within 50 feet of the right-of-way of any public road, street, highway or public area or within 50 feet of any property line of adjoining land unless written consent of the adjoining property owner shall be first obtained and a duplicate or original copy attached to the application.
F. 
Surface.
(1) 
Surface texture or ground cover for each operation may consist of one or more of the following:
[Amended 8-6-1997]
(a) 
Completely seeded with grass to prevent erosion.
(b) 
Any type of landscaping or site improvement which will prevent erosion, subject to approval by the Town Engineer.
(2) 
The surface of all excavated or disturbed areas shall have a positive slope to existing drainage facilities, and the surface texture of all such areas shall be of such a nature as to prevent erosion of the surface after all excavation has been performed and completed. The proposed grading and slope and the necessary auxiliary appurtenances shall provide adequate drainage to existing town facilities as shall be approved by the Town Engineer before removal operations are commenced.
G. 
Bond.
(1) 
Before the issuance of the permit, the applicant or the record owner of the premises or tract of land shall deliver to the Town Clerk a bond executed by a surety corporation authorized to do business in the State of New York, in a sum equal to $2,000 for each acre or fractional part thereof covered by the permit, which bond shall be approved by the Town Board and shall guarantee faithful performance of the work in accordance with this chapter and all ordinances of the Town of Orchard Park and the plans and specifications filed with the application for the permit.
(2) 
The bond required by this section may be waived by the Town Board upon the applicant's providing a copy of the approved New York State Department of Environmental Conservation permit to mine and mined land use plan and by amending Subsection H hereof by deleting therefrom "per acre or fractional part thereof."
H. 
The Town Clerk of the Town of Orchard Park shall charge and collect a fee of $50 per acre or fractional part thereof for the aforesaid permit, which permit shall expire one year from the date of issuance. The date of issuance shall be the date when the Town Clerk issues the permit. Upon written application and the further payment of fees at the rate specified, the Town Board may extend the permit for one additional year. The Town Board may continue to extend the permit for one additional year at a time.
[Amended 1-2-1991]
I. 
Nothing herein contained shall require a person to obtain a permit for or prevent the moving of the hereinabove-mentioned materials from one part of his premises or tract of land to another part of the same premises or tract of land when such is necessary for regrading or improvement of said land; provided, however, that any person engaged in the development of areas known as "subdivision" within the Town of Orchard Park and moving topsoil to correct grades shall replace topsoil so moved a minimum depth of four inches compacted as existed thereon prior thereto. Nothing herein contained shall prevent a cemetery from excavating for a grave, headstone or monument and removing or storing the surplus dirt or material resulting from such excavation.
J. 
The words "person," "owner," "lessee," "applicant" and/or "holder of a permit" as used herein shall apply to all individuals operating as sole proprietors, partnerships, firms, associations or corporations.
K. 
Notwithstanding any other provision of this section, any excavation made within the Town of Orchard Park which shall affect town drainage facilities, water mains, sewer lines or streets shall be subject to the approval of the Town Engineer and supervising Building Inspector, and no surface water or stormwater shall be discharged directly into municipal facilities or drainage systems without the aforesaid approval.
L. 
Penalties.
(1) 
Any violation by a person, firm or corporation of any provision of this section shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.
(2) 
Any person who takes part in or assists in any violation of this section shall also be subject to the penalties provided herein.
(3) 
Each day that a violation of this section is committed or is permitted to exist shall constitute a separate offense.
M. 
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section, the Town Board of the Town of Orchard Park shall have the power, in passing upon the application required herein, to vary or modify any of the regulations or provisions contained herein so that the spirit of the section shall be observed, public safety and welfare secured and substantial justice done.
N. 
If any subsection, subdivision, paragraph or provision of this section shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to such portion thereof so expressly adjudged invalid and the invalidity thereof shall not affect, impair or invalidate the remainder of the section.
O. 
This section shall take effect immediately from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the corporate seal of the town and showing the date of its passage and entry in the minutes, and otherwise 10 days after the publication and posting as required by the Town Law.
P. 
A fence constructed in such a manner as to prevent access to excavations shall be placed around any such excavations on which construction has ceased for a period of 15 days or more.
[Added 1-2-1991]
A. 
No excavation of gravel shall be commenced in the Town of Orchard Park except in conformity with the provisions of this section and in conformity with the provisions of § 144-26.
B. 
Gravel pits shall have the following minimum dimensions:
(1) 
A total area of five acres.
(2) 
Frontage of 400 feet on a highway.
C. 
Gravel shall be removed from no more than five acres at any time. After gravel removal and prior to commencement of gravel removal on any additional acreage, the surface of at least one acre from which gravel has been removed shall be treated as follows:
(1) 
Completely seeded with grass to prevent erosion.
(2) 
Any type of landscaping or site improvement which will prevent erosion, subject to approval by the Town Engineer.
D. 
All drives into a gravel pit shall have snow fencing erected and maintained on both sides of the drive for at least the first 200 feet from the right-of-way into the gravel pit. A gate shall be required at the entrance to the gravel pit which connects the snow fencing along the drive to the gravel pit.
E. 
The hours of operation for a gravel pit shall be 8:00 a.m. through 5:00 p.m., Monday through Friday.
F. 
Gravel pits shall be prohibited in all residential zones in the Town of Orchard Park.
G. 
The Town Clerk, pursuant to the direction of the Town Board of the Town of Orchard Park, shall issue a gravel permit upon compliance with the provisions of this section and with the provisions of § 144-26 and review by the Town Engineer.