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Editor's Note: This resolution also repealed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.
[Amended 10-1-1986; 12-6-1989; 5-2-1990; 4-17-1991; 10-7-1992 by L.L. No. 4-1992;[1] 8-6-1997; 8-16-2017 by L.L. No. 7-2017; 10-5-2022 by L.L. No. 6-2022]
A.
Residential districts.
(1)
A fence or wall may be erected in any residentially zoned district
(R-1, R-2, R-3, R-4, A-1), after securing a permit:
(a)
In any rear yard or interior side yard, provided that the fence,
wall or hedge does not exceed six feet in height.
(b)
In any front yard, as follows:
[1]
A fence or wall intended for decorative purposes may be erected
as part of a landscape plan in a front yard, along, next to or in
connection with an entrance to a residence or along or next to a driveway
or comer of a front yard or at the juncture of a driveway and a public
sidewalk.
[2]
Such fence or wall shall be erected wholly within the lot line
of the property and at least three feet inside of the interior edge
of the public sidewalk.
[3]
Such fence or wall or hedge shall in no event enclose a front
yard; nor shall it exceed four feet in height. A fence shall be of
open, decorative design and permit clear visibility through at least
80% of its vertical area.
[4]
On any lot fronting two or more public streets, each and every
yard fronting such street shall be considered a front yard for the
purposes of this section.
(c)
Enclosing a tennis court, provided that the fence does not exceed
12 feet in height.
(d)
Enclosing a swimming pool, subject to the requirements of the
New York State Uniform Code.
(2)
A hedge planted in a district zoned residential shall, if planted
in an interior side yard or rear yard, an exterior side yard or any
front yard, be subject to the same limitations and restrictions, including
height, as a fence or wall if the hedge is planted at or near the
property line and is designed to serve the function of a fence or
wall but shall not require a permit.
(3)
For a lot whose rear lot line abuts the New York State Thruway, fences
and walls in a rear yard shall be permitted to be erected to a height
of eight feet.
B.
Nonresidential districts.
(1)
No fence, wall or hedge shall be erected on any premises zoned other
than residential until a permit has been issued by the Code Enforcement
Officer after approval by the Planning Board.
(2)
The Planning Board shall grant approval only after a determination
that the proposed fence, wall or hedge will afford adjoining premises
an environment reasonably free of offensive noise, smell, dust and
debris and will be of quality design and construction.
(3)
No permit shall be issued for the erection of a fence, wall or hedge
on premises abutting a residentially zoned property where the proposed
fence, wall or hedge exceeds eight feet in height.
C.
Visibility at intersections. Nothing herein shall be construed to
limit or modify in any way the existing sections Town of Orchard Park
Code relating to visibility at intersections.
D.
Prohibited fences, walls and hedges. The following types of fences,
walls and hedges are specifically prohibited anywhere in the Town
of Orchard Park:
E.
Miscellaneous provisions.
(1)
A fence, whether of wood, chain link, stockade or any other type,
shall be erected so that the smooth or finished side shall face to
the outside of premises. All fence posts shall be placed on the inside
of the fence.
(2)
Painted fences and walls shall be of one color only.
(3)
No fence or wall shall be erected in such manner as to inhibit or
divert the natural drainage flow or to cause the blockage or damming
of surface water, creating ponding.
(4)
No fence or wall shall be erected which may create a fire hazard
or other dangerous condition or which may result in obstruction to
the effective combat of fire.
(5)
All existing fences, walls, hedges and other barriers which do not
conform to the provisions of this chapter may be continued as they
presently exist, as long as the same are not altered, extended or
modified.
[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."
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]
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.
(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.
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:
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.
