Lockport City Zoning Code
PART 1
Introductory Provisions
§ 190-10.1 Enactment.
This chapter is enacted pursuant to the authority and provisions of the New York State General City Law and Municipal Home Rule Law.
§ 190-10.2 Title.
This chapter shall be known as the "Zoning Law of the City of Lockport, Niagara County, New York." For convenience, it is also referred to throughout this chapter as the "zoning law" or "zoning code."
§ 190-10.3 General purpose & intent.
A.
The purpose of this chapter is to protect and enhance the public health, safety, sense of community, and general welfare of the residents of the City of Lockport.
B.
The provisions provided herein are intended to implement the vision, goals, and recommendations as outlined in the City of Lockport Comprehensive Plan and other relevant land use plans and studies, as adopted or amended over time. This includes, but is not limited to, the implementation of the City's community development strategy as outlined in the Comprehensive Plan.
C.
The regulations of this chapter are deemed necessary to achieve the following objectives in support of the general purpose and intent:
(1)
Promote orderly development: to protect the character and maintain the stability of residential, business and manufacturing areas within the City, and to promote the orderly and beneficial development of such areas.
(2)
Regulate the intensity of use: to regulate the intensity of use of zoning lots and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, privacy and convenience of access to property, and to protect the public health.
(3)
Regulate the location of buildings: to establish building lines and the location of buildings designed for residential, commercial, manufacturing or other uses within such lines.
(4)
Establish standards of development: to fix reasonable standards to which buildings or structures shall conform.
(5)
Prohibit incompatible uses: to prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.
(6)
Regulate alterations of existing buildings: to prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
(7)
Limit congestion in streets: to limit congestion in the public streets and so protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
(8)
Protect against hazards: to provide protection against fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and the general welfare.
(9)
Conserve taxable value of land: to conserve the taxable value of land and buildings throughout the City.
§ 190-10.4 Effective date.
This chapter shall be in effect immediately upon adoption, publication, and filing with the Secretary of State.
§ 190-10.5 Transitional provisions.
A.
Prior approval. Nothing herein contained shall require any change in the plans, construction, or designated use of any structure in compliance with the provisions of the City of Lockport Zoning Code prior to the adoption of this chapter.
B.
Continuance of violations.
(1)
Any violation of the City of Lockport's Zoning Code prior to the adoption of this chapter shall continue to be a violation and shall be subject to penalties and enforcement as provided by this chapter and the City of Lockport Code.
(2)
If a use, development, construction, or other activity was performed prior to the enactment of this chapter that was a violation under the previous law complies with the express terms of this zoning law, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this chapter.
(3)
The adoption of this zoning law does not affect nor prevent any pending or future prosecution of, or action to abate violations of the previous law that occurred before the effective date of this chapter.
§ 190-10.6 Severability.
If any clause, sentence, paragraph, section, or part of this chapter be adjudged by any court to be invalid or void, such judgment shall not affect, impair, or invalidate the remaining provisions of this chapter, and shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment has been rendered.
§ 190-10.7 Conflict with other regulations.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, community values, safety, or other general welfare. Whenever the requirements of this chapter are in conflict with the requirements of any other applicable law, ordinance, regulation, or private agreement, the most restrictive, or that imposing the higher standards, shall govern.
§ 190-11.1 Schedule of regulations.
The restrictions and controls intended to regulate development in each district are set forth in the district regulations which are supplemented by other sections of this chapter.
§ 190-11.2 Regulations applicable to all districts.
Except as hereinafter otherwise provided:
A.
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
B.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
C.
No building shall be erected, no existing buildings be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
D.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
E.
All references to existing codes, ordinances and laws shall be as originally adopted, amended, altered or modified.
§ 190-11.3 Official Zoning Map.
A.
The location and boundaries of the zoning districts established by this chapter are shown on the map designated "Official Zoning Map of the City of Lockport," bearing the date of adoption of this chapter and as revised from time to time. For convenience the Official Zoning Map of the City may also be referred to as the "zoning map."
B.
The zoning map[1] is hereby established, adopted, and attached to this chapter and shall be as much a part hereof as if fully set forth and described herein.
[1]
Editor's Note: The zoning map is included as an attachment to this chapter.
§ 190-11.4 Keeping of the map.
A.
The zoning map, and any future amendments thereto upon their subsequent adoption, shall be duly certified and shall be maintained by the Clerk of the City of Lockport.
B.
A copy of the zoning map indicating the latest amendments shall be kept in the offices of the City Clerk for the use and benefit of the public.
§ 190-11.5 Interpretation of boundaries.
A.
Designation of district boundaries. The district boundary lines are intended generally to follow the center lines of streets; the center lines of railroad rights-of-way; existing lot lines; the center lines of rivers, streams and other waterways; and City boundary lines. Where a district boundary line does not follow such a line, its position shall be shown on the zoning map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
B.
Determination of locations of boundaries. In case of uncertainty as to the true location of a district boundary line in a particular instance, the Common Council shall request the Planning Board to render its determination with respect thereto.
§ 190-11.6 Classification of annexed lands.
Any land hereafter annexed to or consolidated with the City of Lockport shall be deemed to be zoned unclassified until such land is reclassified by an amendment to this chapter.
§ 190-12.1 Common Council.
A.
Applicability. The requirements of this article are intended to apply solely to the role of the City of Lockport Common Council with respect to this chapter.
B.
Final decision authority. The Common Council is hereby authorized and empowered with final decision authority to approve, approve with modifications or conditions, or deny applications for the following:
C.
Additional powers. The Common Council shall hold all additional powers and duties provided by the laws, rules, and regulations of New York State and the code and local laws of the City of Lockport.
§ 190-12.2 Code Enforcement Officer (CEO).
A.
The City of Lockport Code Enforcement Officer (CEO), or their duly authorized agent, is hereby given the duty, power, and authority to enforce the provisions of this chapter. For the purposes of this chapter, the CEO may also include the duly designated Building Inspector as provided for by the City of Lockport Common Council and New York State Law.
B.
The CEO shall examine all applications for building permits, issue permits for the construction, alteration, enlargement, and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses, record and file all applications for permits with accompanying plans and documents, and make such reports as may be required.
§ 190-12.3 Planning Board.
A.
Establishment. The Planning Board is hereby established and continued in accordance with the provisions of the General City Law and other statutes of the State of New York applicable thereto.
B.
Membership and terms.
(1)
The Planning Board shall consist of seven members appointed by the Mayor. The terms of those members of the Board in office when this chapter takes effect shall continue to the normal expiration dates of such terms respectively. Compensation of the Planning Board members shall be set by the Common Council.
(2)
The terms of the members of the Planning Board shall be three years.
(3)
Each member shall attend, in each calendar year, at least 75% of all meetings and shall comply with all training requirements set forth in New York State General City Law on an annual basis. Failure to comply with the provisions of this subdivision, or upon the failure of a Planning Board member to attend four consecutive regular meetings, shall be grounds for removal of the member for noncompliance, which shall be accomplished by resolution of the Common Council.
(4)
If a vacancy shall occur otherwise than by an expiration of term, it shall be filled by appointment for the unexpired term.
(5)
The Planning Board shall choose its own Chairperson, and in the case of their absence, an Acting Chairperson.
(6)
The Board shall hold meetings as provided in its rules or at the call of its Chairman and shall keep full and complete minutes of the meetings and all hearings and proceedings of the Board.
(7)
The Code Enforcement Officer, or such member of his staff as he shall delegate, shall act as consultant to the Planning Board and Secretary to the Planning Board.
C.
Advisory authority. Pursuant to this article and New York State General City Law, the Planning Board is hereby authorized and empowered with review and advisory authority for the following actions:
D.
Final decision authority. Pursuant to this article and New York State General City Law, the Planning Board is hereby authorized and empowered with final decision authority to approve, approve with modifications or conditions, or deny applications for the following:
§ 190-12.4 Zoning Board of Appeals (ZBA).
A.
Establishment. The Zoning Board of Appeals is hereby established and continued in accordance with the provisions of the General City Law and other statutes of the State of New York applicable thereto.
B.
Membership and terms.
(1)
The ZBA shall consist of seven members appointed by the Mayor. The terms of those members of the Board in office when this chapter takes effect shall continue to the normal expiration dates of such terms respectively. Compensation of the Zoning Board of Appeals shall be set by the Common Council.
(2)
The terms of the members of the ZBA shall be three years.
(3)
Each member shall attend, in each calendar year, at least 75% of all meetings and shall comply with all training requirements set forth in New York State General City Law on an annual basis. Failure to comply with the provisions of this subdivision, or upon the failure of a Planning Board member to attend four consecutive regular meetings, shall be grounds for removal of the member for noncompliance, which shall be accomplished by resolution of the Common Council.
(4)
If a vacancy shall occur otherwise than by an expiration of term, it shall be filled by appointment for the unexpired term.
(5)
The ZBA shall choose its own Chairperson, and in the case of their absence, an Acting Chairperson. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board shall determine. Such Chairperson, or in his absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(6)
All meetings of the Board shall be open to the public; but after all parties and owners of affected property who have appeared have been heard, the Board may conduct its deliberations in executive session. The Board shall keep minutes of its open proceedings and decisions showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. The minutes of the Board shall also indicate the evidence submitted by all parties and owners of affected property who have appeared, as the record on which the Board's decisions are based.
(7)
The concurring vote of four members of the Board shall be necessary to decide in favor of the applicant any matter upon which said Board is required to pass under the provisions of this chapter.
(8)
The official office of the Zoning Board of Appeals shall be associated with the Code Enforcement Officer and the Building Inspection Department, and all official minutes shall be filed therein.
(9)
The Code Enforcement Officer, or such member of his staff as he shall delegate, shall act as consultant to the Zoning Board of Appeals and Secretary to the Zoning Board of Appeals.
C.
Final decision authority. Pursuant to this article and New York State General City Law, the Zoning Board of Appeals is hereby authorized and empowered with final decision authority to approve, approve with modifications or conditions, or deny applications for the following:
D.
Additional powers. The ZBA may exercise additional powers as may be described elsewhere in this chapter and as permitted by New York State General City Law.
§ 190-13.1 Continuation of existing lawful uses and nonconformities.
A.
Except as otherwise provided in this article, the lawful use of any building, structure or land existing at the time of the enactment of this chapter may be continued, although such use does not conform to the provisions of this chapter.
B.
Any nonconformity pursuant to the City's zoning law in effect prior to the adoption of this chapter will also be nonconformity under this law, so long as the condition creating the nonconforming status under the previous law continues to exist. If, however, a nonconforming use under previous zoning regulations becomes conforming due to the adoption of this zoning law, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
§ 190-13.2 Nonconforming uses limited.
No existing building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, except as provided in this article.
§ 190-13.3 Restoration.
Any nonconforming building or structure, which as a result of fire, explosion or other casualty has less than 50% of its then-existing floor area made unsafe and/or unusable, said nonconforming building or structure may be restored, reconstructed or used as before, provided that the bulk, height and area requirements shall not be in excess of that which existed prior to said damage. Such restoration must be completed within 15 months of such occurrence or the use of such building, structure or land as a legal nonconforming use shall thereafter be terminated.
§ 190-13.4 Unsafe buildings or structures.
Any nonconforming building or structure, or portion thereof, declared unsafe by a proper authority may be restored to a proper condition based on applicable codes.
§ 190-13.5 Alterations and repairs.
A.
Buildings and structures.
(1)
A nonconforming building or structure for other than residential purposes may not be reconstructed or structurally altered during its life to an extent that such alterations exceed in aggregate cost 25% of the City Assessor appraised value of the building or structure, exclusive of the value of the land, unless said building or structure is changed to a conforming use.
(2)
A nonconforming building or structure containing residential use may be altered in any way to improve interior livability, provided that no structural alteration shall be made which would increase the nonconformity with regard to the number of housing units or the bulk of the building or structure.
(3)
Normal maintenance repairs and incidental alteration of a building or structure containing a nonconforming use shall be permitted, provided that said repairs and alterations do not extend the volume or area of space occupied by the nonconforming use.
B.
Impervious surfaces.
(1)
Prior legal nonconforming impervious surfaces such as blacktop, concrete, or brick may be repaired, resurfaced, or replaced with the same or similar impervious material.
(2)
Such repair, resurfacing, or replacement shall follow the same location and dimensions of the prior legal nonconforming impervious use, unless the proposed modification lessens the extent of the preexisting nonconformity. No change in dimension or location shall be permitted that would result in an increase in any preexisting nonconformity.
(3)
Where an impervious surface is replaced with permeable pavement or otherwise made pervious, such area shall be removed from the calculation of lot coverage.
§ 190-13.6 Change of use.
A.
A nonconforming use may be changed to another nonconforming use of similar operation, scale, and intensity, provided no structural change, enlargement, extension or reconstruction is made to the building or site in which it is located.
B.
A nonconforming use may be changed into a conforming use.
C.
When a nonconforming use is changed to a conforming use or a more restricted nonconforming use, the use of the structure, building or land shall not thereafter be changed into a nonconforming use or a less restricted nonconforming use.
§ 190-13.7 Termination of nonconforming uses.
A.
Abandonment. The discontinuance of a nonconforming use for a period of one year and/or the change of use to a conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived. Intent to resume active operations shall not constitute continuance of a nonconforming use.
B.
Partial destruction. Any nonconforming building or structure, which as a result of fire, explosion or other casualty, has 50% or more of its then existing floor area destroyed, the use of such building or structure, as a nonconforming use shall thereafter be terminated and any new construction shall be in accordance with the regulations of this chapter.
§ 190-14.1 Penalties for offenses.
Any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or person otherwise having an interest or control of said building or premises, who shall violate, take part in or assist in such violation of any regulation or provision of this chapter shall, upon conviction thereof, be liable to a fine of not more than $250 for each violation, or imprisonment for not more than 15 days, or both, for each violation. Each and every day that a violation of this chapter is permitted to exist shall constitute a separate offense.
§ 190-14.2 Complaints of violations.
Whenever a violation of this chapter occurs, the CEO, on his own initiative, or any person, may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the CEO who shall properly record such complaint and immediately investigate and report thereon. Following investigation into such complaint, the CEO may file an accusatory instrument in Lockport City Court alleging a violation of this chapter.
§ 190-14.3 Procedure for abatement of violations; civil remedy.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, or of any ordinance or regulation made under authority conferred hereby, the Common Council, or with its approval the CEO or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to permit the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.