Lockport Town City Zoning Code
PART 3
Development Standards
§ 190-31.1 Purpose and intent.
A.
Purpose. The purpose of this article is to further define and enhance the community character, design, and identity of the City of Lockport. These standards are intended to ensure future investment includes high-quality building and site design treatments consistent with the preferred character and visual quality of the City, as outlined in the City's Comprehensive Plan. Furthermore, the provision of these standards and guidelines is intended to inspire innovation and distinctive design solutions when undertaking changes, modifications, or adaptive reuse of buildings and properties, as well as direct the style of new or infill development.
B.
Intent. The application of these design standards and guidelines should seek to achieve the following objectives:
(1)
Preserve and enhance the City of Lockport's unique character and promote the City as a place where people are attracted to live and recreate;
(2)
Improve the visual quality of the primary streets leading through the City to create attractive, vibrant activity centers for residents and visitors;
(3)
Encourage economic development using sustainable development practices;
(4)
Promote a sense of design continuity that appropriately relates development and redevelopment to the historic character of the community; and
(5)
Utilize elements, details, styles and architectural features for buildings, sites, and public spaces that complement the surrounding area and reflect the traditional development character and settlement pattern of the City.
§ 190-31.2 Applicability.
A.
Structures subject to regulation. These design standards shall apply to all existing, altered, or newly constructed nonresidential, mixed-use, and multifamily (over four units) structures as follows:
(1)
New construction and infill development shall be in conformance with all regulations of this article.
(3)
Improvements to existing buildings and sites, including historic properties, shall follow the regulations of this article to the greatest extent practicable. In the case of nonconformities, Subsection D below shall apply.
(4)
Industrial buildings and structures located within the General Industrial (GI) District shall be exempt from the requirements of this article.
(5)
Proposed planned unit developments.
B.
Historic structures. For this purpose of this article, the term "historic structure" shall refer to all properties, local landmarks, and contributing structures recognized by the State and National Registers of Historic Places, as well as all properties included in the Historic Overlay (HO) District.
C.
Architectural style. These guidelines are not intended to promote any specific historic architectural style. However, new construction is required to follow these standards and should be compatible with existing contributing architectural features and historic structures, where applicable.
D.
Review body. For the purposes of this article, the terms "reviewing body" or "review body" shall mean the board, committee, commission, or other body with the authority of review of a development application as duly designated by this chapter.
E.
Flexibility.
(1)
Recognizing that the rigidity of these regulations may limit the extent to which development proposals may be sensitive of context and unique site conditions, the standards herein may be waived or modified, in whole or in part, by the reviewing body as part of its development plan review authority. In this regard, a finding must be made by the reviewing body that such waivers or modifications:
(a)
Are in keeping with the intent of this article and chapter;
(b)
Offer an innovative development/design solution for the site in question;
(c)
Are not requisite in the interest of the public health, safety, or general welfare or inappropriate to a particular development plan; and/or
(d)
Are otherwise compatible with the stated vision and goals of the City's Comprehensive Plan and other relevant plans and studies.
(2)
An applicant seeking a waiver or modification to the standards set forth by this article should include in its application its proposed reasons why the reasons set forth hereinabove have been met.
§ 190-31.3 General design context.
A.
Placement and orientation. Placement refers to how a building is situated on the lot. Orientation refers to the location of a building's main axis, or primary facade. Building placement and orientation is a crucial part of the interface of private building facades with public thoroughfares, which shape a compact, walkable public realm.
B.
Massing and form. Massing and form refer to the volume and shape of a building. Buildings should provide visual interest that engages pedestrians and others to promote activity and business vitality. Wherever possible, new development should enhance the visual quality of the site on which it is located, as well as the character of the surrounding area.
C.
Facade composition. A building facade serves as the interface between the public realm and the interior space of the building and should be compatible with the character and context of the surrounding area. Proper facade composition creates visual interest and adds character to a facade, providing visibility into the building interior, particularly for retail uses, contributing to the pedestrian, bicyclist, and motorist experience throughout the City. The arrangement of facade elements should be so designed to create a recognizable and consistent composition.
D.
Fenestration. Fenestration refers to the area of the facade or building exterior covered with openings, in particular windows and doors, how transparent the enclosing glass in the openings is, and how the openings are arranged and/or relate to each other with respect to size, depth, location, etc.
E.
Rooflines. A roofline is an architectural element, such as a cornice, parapet or change in material, plane, or design, which creates a distinction between the top of the building and the lower floors.
F.
Historic context of downtown and contributing architectural features.
(1)
The City of Lockport has designated a Historic Overlay (HO) District to conserve the existing unique assets of Lockport's historic urban center and to encourage new development that enhances the traditional urban design and character of its downtown, in order to promote economic viability, offer a diverse urban lifestyle, and help position the city as a regional center.
(2)
Contributing architectural features are architectural elements and materials that contribute to, enhance, or support identified architectural styles in use from the mid-nineteenth through early-twentieth century in downtown Lockport. These features include but are not limited to the following elements of traditional urban facades:
(a)
At least two stories in height and constructed using masonry and/or face brick;
(b)
A storefront at street level with large glass display windows with bulkheads or kickplates below, often with a recessed entrance;
(c)
An upper facade with regularly spaced windows; and
(d)
A flat or concealed pitch roof with a decorative cornice at the top.
(3)
Any contributing architectural feature is considered a significant asset of Lockport's downtown. These assets are unique, irreplaceable, and vital to maintaining the character of Lockport's downtown.
§ 190-31.4 Building placement and orientation.
A.
Establishment of primary and secondary streets.
(1)
Where only one street abuts a lot, that street is designated the primary street.
(2)
Where a lot has multiple street frontages, the street(s) clearly associated with the front facade of a primary building is designated the primary street. Up to two streets may be designated as the primary street for any lot with multiple frontages. If the primary street designation is unclear, the CEO will determine the primary street(s) based on the following criteria:
(a)
The orientation of principal buildings at the intersection. Where the front facades of principal buildings are oriented toward a particular street, this street(s) will typically be designated the primary street.
(b)
Multi-modal orientation. The street with the widest sidewalk and/or greatest number of multi-modal facilities will typically be designated the primary street.
(c)
The width of streets. The street with the widest right-of-way will typically be designated the primary street.
(3)
All streets fronting a lot that are not designated as the primary street are considered to be secondary streets.
B.
General requirements.
(1)
The placement of buildings shall follow the minimum and maximum front yard requirements of the zoning districts of this chapter. Relief from this provision may be provided for historically appropriate architectural elements and pedestrian amenities, such as recessed entries or chamfered corners, as deemed appropriate by the reviewing body.
(2)
The primary facade is considered side of a building that faces a public street. Buildings that are located on a street corner are considered to have two primary facades.
(3)
All primary facades and main entrances should face the primary street or be at the same orientation as adjacent historic structures.
(4)
The addition of landscaping and/or a low wall to restore the street setback line where existing buildings are set further back on the lot is encouraged.
(5)
The tallest and largest sections of new buildings should be located on the street frontage, away from adjoining residences.
C.
Entrances and storefronts.
(1)
Primary pedestrian entrances shall face the street and be so located to afford direct access from the sidewalk, where applicable.
(2)
All entrances should be easily identifiable and pedestrian-scaled. Entrances for upper floors shall be distinguished from entrances for first floor uses.
(3)
Corner buildings may have two separate entry points or a single-entry point at the corner.
(4)
Additional pedestrian entrances adjacent to other streets or pedestrian areas are allowed.
(5)
Storefront construction shall be recessed enough at the point of entry to allow the door to swing out without obstructing the sidewalk, where applicable.
(6)
The sill of storefront windows should be no higher than three feet above grade.
(7)
For buildings with multiple storefronts, there should be a direct correlation between the delineations of interior tenant spaces and the exterior facade.
§ 190-31.5 Building massing and form.
A.
General design requirements.
(1)
Buildings situated at street corners should "wrap" the corner by continuing certain facade design elements (such as the cornice or horizontal accent bands) on all street elevations (see Figure 31.1).
(2)
Primary buildings not subject to a district minimum building height requirement shall be designed to appear to be a minimum of 1 1/2 stories in height.
(3)
Buildings of two or more stories shall have a transition line. A transition line is a horizontal architectural element, such as a cornice, balcony, or change in material, which spans the full width of the facade, and creates a distinction between the first and second stories. Transition lines shall be designed in proportion to the overall height and width of the building (see Figure 31.1).
(4)
A single, large, dominant building mass shall be avoided. No facade shall have a blank, uninterrupted length exceeding 40 feet without including architectural features such as columns, pilasters, piers, or changes in plane, in texture or masonry pattern, storefronts and entry treatments, or equivalent design element that subdivides the wall into pedestrian-scaled proportions (see Figure 31.1).
(5)
All buildings shall exhibit a clearly defined base, mid-section, and crown. This can be accomplished using a combination of architectural details, materials, textures, and colors (see Figure 31.2). Buildings which are "squat" in proportion or which have very strong horizontal elements that dominate the facade are discouraged.
FIGURE 31.1 BUILDING MASSING  |
FIGURE 31.2 TRIPARTITE (3-PART) FACADE DESIGN  |
§ 190-31.6 Facade composition and fenestration.
A.
General facade design.
(1)
Buildings should employ four-sided architecture design practices, extending and relating architectural detailing and design elements across all facades.
(2)
The same exterior treatment provided to the primary facade shall also be provided to any side and rear wall facing a public right-of-way or residential use.
(3)
The rhythm of openings of a primary facade shall observe the size, location, and proportion of fenestration elements of adjacent historic structures, where applicable.
(4)
Buildings designed to advertise or promote a uniform corporate image in a manner that may render the building undesirable or unable to reasonably accommodate future uses without significant modification shall be prohibited.
B.
Windows and doors.
(1)
The first-floor levels of a facade shall provide the highest amount of facade openings and articulation.
(2)
Depth shall be used to highlight facade openings to create a three-dimensional relief which produces shadows. Windows and doors should not be flush to the exterior of the facade.
(3)
All primary facades shall observe the minimum transparency requirements in the table below (see also Figures 31.3 and 31.4).
Building/Use | Minimum Transparency |
|---|---|
First Floor (Area between Two and Eight Feet above Ground Level) | |
Commercial/Mixed-Use | 65% of wall area (MU-D) 30% of wall area (Other Districts) |
Industrial | 25% of wall area |
Multifamily and other | 30% of wall area |
Upper floors | |
All buildings/uses (except industrial) | 30% of wall area |
FIGURE 31.3 COMMERCIAL/MIXED USE BUILDING (MU-D DISTRICT)  |
FIGURE 31.4 COMMERCIAL/MIXED USE BUILDING (OTHER DISTRICTS)  |
(4)
Awning or transom windows are encouraged for new construction within the MU-D District.
(5)
The use of plexiglass, spandrel glass panels, opaque, mirrored, or tinted glass with less than 50% light transmittance is prohibited. If screening is necessary, interior blinds or curtains are encouraged. Translucent or colored glass may be used for design details.
(6)
Doors that are comprised of an area of at least 30% transparent glass shall be used for building entrances on the primary facade. Opaque doors may be used for doorways providing access to upper floors.
(7)
Windows may be grouped or spaced evenly and must correspond with window placement on the first floor.
(8)
Windows and doors must not be blocked or boarded.
(9)
The size, extent and location of windows on upper floors of new buildings should be limited when directly overlooking private areas of adjacent residential properties.
C.
Awnings and canopies.
(1)
Awnings or canopies may be permitted over entrances, storefronts, large first-floor windows, and upper-floor windows.
(2)
Awnings and canopies shall be designed to fit the window, door, or storefront openings that they are intended to cover. Placement shall not conceal architectural features.
(3)
Awnings and canopies in the Mixed Use - Downtown (MU-D) District shall:
(4)
Awnings and canopies shall not be backlit or internally illuminated.
(5)
Awnings may be retractable or fixed and shall be capable of withstanding both high winds and winter snow loads.
(6)
Street-level awnings shall be mounted so that its valance is no less than eight feet above grade.
(7)
Awnings and canopies shall not project more than seven feet from the building facade.
(8)
Awnings must not extend across multiple buildings.
§ 190-31.7 Roof styles and treatments.
A.
Roof design.
(1)
All structures shall have a visible roofline.
(2)
Rooflines shall be designed in proportion to the overall height and width of the building and, where applicable, shall relate to nearby historic structures.
(3)
Rooflines shall include an ornamental cornice. The use of ornamental brackets is encouraged.
(4)
Eaves shall include design detail to add visual interest.
(5)
Mechanical equipment that is located on the rooftop shall be effectively screened with parapet walls, decorative fencing and/or gables to eliminate views.
(6)
Rooflines shall be designed to direct runoff from snow and rain away from pedestrians.
B.
Roof treatments.
(1)
Roofing materials that reflect sunlight (e.g. lighter colors) or incorporate vegetated roofing are encouraged. Lighter colors decrease heating and cooling needs, while green roofs reduce stormwater run-off.
(2)
Where green roofs are proposed, the reviewing body may deduct a portion of the green roof building from the lot coverage calculations up to 75% of the green roof footprint.
(3)
The use of alternative energy materials and systems, such as solar panels or shingles, is encouraged. Their installation shall be incorporated into the design of the building so as not to detract from the architectural style and detailing.
(4)
Alternative energy equipment shall be located so as not to be visible from the public right-of-way.
§ 190-31.8 Materials and color.
A.
General requirements.
(1)
Building facades shall be constructed of durable materials such as brick, stone masonry, or fiber cement (panels, siding and trim boards) or finishing wood.
(2)
Changes in materials shall occur at inside corners. Material changes at the outside corners or in a plane shall be prohibited, unless otherwise approved by the reviewing board.
(3)
Building materials, textures, and colors should be compatible with adjacent historic structures, where applicable, so as not to detract from existing historic character.
(4)
No more than three building materials or colors should be used on any one facade of a building. A single material or color should be used as the dominant theme in the facade, with secondary materials and colors used to highlight and accent the design.
B.
Prohibited materials.
(1)
In the MU-D District, the use of stucco, vinyl, fiberglass, plastic panels, sheet metal, clear-coated aluminum, stainless steel, concrete block, or smooth concrete is prohibited. The use of these materials may be permitted with approval by the reviewing board if the applicant can show that the selected material is of high-quality and otherwise appropriate for the context and use of the property.
(2)
Finishes that are mirrored and otherwise intended or designed to reflect light and glare are not permitted.
C.
Modern materials. The use of other modern and nontraditional materials or textures on historic structures may be permitted with approval by the reviewing board.
§ 190-31.9 Rehabilitation and reuse of historic structures.
The following additional regulations shall apply to the rehabilitation and reuse of existing historic structures, unless it is so determined by the reviewing board that the restoration of any such structure to its historic state would be inconsistent with the purpose and intent of this article.
A.
Preservation of character.
(1)
Each property shall be recognized as a product of its own time. Alterations that seek to create a false sense of historical development are discouraged.
(2)
Changes to a building that have taken place over time are evidence of its history and development. Those changes that have acquired significance in their own right shall be recognized and preserved.
(3)
Where architectural or site features are determined to contribute to the character of the property or the district, proposed alterations or additions shall be designed to minimize the impact on those features.
(4)
New additions, exterior alterations, or new construction shall not destroy historic materials or general features that characterize the property. The new work shall be compatible with the massing, size, scale and architectural features of the property and the surrounding neighborhood, to protect the integrity of the property.
(5)
Additions or alterations to structures shall be constructed in such a manner that, if removed in the future, the essential form and integrity of the structure and the site would be unimpaired.
(6)
Design elements on historic structures shall not be altered or covered in a manner that would adversely impact the facade and architectural character of the structure.
B.
Preservation, repair, and replacement of openings.
(1)
Original window, storefront, and door openings shall not be reduced in size or covered. Transoms must be retained and uncovered during applicable building renovations.
(2)
Original window, storefront, and door openings that have been covered or filled in on a building facade shall be restored during applicable building renovations.
(3)
Replacement windows shall fill the original size of each opening and be of similar style (ex. double hung) and shall utilize true divided lights or simulated divided lights when matching the original mullion and/or muntin configuration. The use of interior-only grids or grids between the panes of glass is prohibited.
(4)
Lowered ceilings shall have a soffit at each window that allows retention of the full window height.
C.
Historic masonry treatments.
(1)
Masonry on existing historic structures that has not previously been painted shall not be painted unless deterioration has progressed so far that a protective surface coating is needed. In such cases, a breathable masonry paint or stain shall be used.
(2)
Masonry that has previously been painted shall be repainted with a breathable masonry paint or restored to unpainted masonry.
(3)
If paint is to be removed from masonry surfaces, the gentlest effective paint removal method available shall be employed so as to avoid damage to historic masonry and mortar. Sandblasting and similar methods should never be employed.
§ 190-31.10 Transitions between nonresidential and residential uses.
A.
Applicability. All nonresidential uses and multifamily dwellings shall employ similar building and site design standards to ensure compatibility with adjacent residential development. These requirements shall be in addition to the design standards and guidelines of this article and requirements set forth by this chapter for landscaping, screening, and buffering of uses.
B.
Requirements. To the maximum extent practicable, nonresidential and multifamily dwellings over four units shall use all of the following techniques when developed adjacent to a residential use.
§ 190-31.11 General site design.
A.
Site layout. The layout of all improvements must be designed to generally follow the existing topography of the site. The layout of roads, walkways and building footprints must be aligned with existing contours where practical, with limited connecting streets or walkways aligned perpendicular to existing slopes.
B.
Natural topography and grading.
(1)
The design of buildings and the parking facilities shall take advantage of the natural topography of the project site where appropriate.
(2)
Contour grading, where both the horizontal and vertical slopes are varied to reflect naturally occurring landforms, is preferred.
(3)
Grading shall be minimized to the extent possible, and all finished grades shall blend with existing off-site grades.
C.
Landmark, views, and gateways.
(1)
Context. A key element in defining an area as a special space is a gateway that creates a sense of entry, indicating to both drivers and pedestrians that they are entering a distinct space. Enhancing landmarks and gateways within the City is a crucial component in strengthening the perception of the downtown, Erie Canal, and parks as destinations.
(2)
Sense of entry. Intersections create natural opportunities for gateways, which can be enhanced through a combination of landscaping, welcome/identity signage, framed views, and focal points. Signage and focal points, if included, must be used in ways that complement rather than obstruct or detract from important views.
(3)
Focal points. Focal points such as sculpture, fountains, and historic monuments can add interest to an area, making it a more attractive destination. A series of related focal points can also serve as interesting and effective wayfinding tools for connecting different areas. Too many focal points however can register as clutter and detract from the overall character of the City. Focal points must therefore be selected and located carefully in a way that maintains and supports the desired City aesthetic.
(4)
Views. Views to natural and cultural features play an especially large role in shaping the character of waterfront centers. Existing view corridors should be respected and protected. New construction and landscaping must take into account how views may be affected. Protecting and creating views experienced from points of entry to the City and from designated viewing areas is important.
D.
Utilities. Electrical, cable, fiber, and other utilities must be placed underground whenever possible.
E.
Pedestrian and bicyclist accommodations.
(1)
Sidewalks must be provided connecting main building or site entrances to parking, adjacent public rights-of-way, and all other uses on a site that allow for public access.
(2)
Where sidewalks do not exist on adjacent primary or secondary streets, developments shall provide a sidewalk in the public right-of-way, along the full length of the lot boundary. If a sidewalk already exists, but does not meet the criteria specified in this section, the sidewalk shall be replaced as part of the proposed project.
(3)
If a development is located along a trail, an accessible pedestrian route must be provided between the trail and a pedestrian entrance.
(4)
All sidewalks provided on a site and/or in the public right-of-way, must be constructed of poured concrete, brick, or concrete pavers. Permeable materials are strongly encouraged. Asphalt is prohibited.
(5)
Pedestrian connections shall be designed as integral parts of an overall site design and be properly related to existing and proposed buildings. Separated circulation should be provided to the extent practicable.
(6)
Buildings and vehicular circulation areas shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(7)
Bicycle and walking paths should be parallel to major roadways or driveways and shall form an interconnected network of path facilities within a property or group of properties.
(8)
Wherever practicable, every effort should be made to interconnect on-site pathways to adjacent parks and trails, including the larger regional network of paths.
F.
ADA conformance. All new or reconstructed off-street parking areas must conform to Americans with Disabilities Act standards.
§ 190-31.12 Open spaces and green spaces.
A.
Open spaces, green spaces, public preserves, parklands and other such natural areas shall be retained and established as required by this chapter.
B.
The reviewing body, as part of development plan review, may require the reservation or creation of open space provided such designation is determined to be:
(1)
Consistent with the City's adopted plans and studies with respect to environmental conservation and improving public use of and access to green spaces, recreational areas, trails, and the Erie Canal;
(2)
Necessary for the protection and preservation of natural resources, local habitats, wildlife, and native species, woodlots, and/or wetlands;
(3)
A significant benefit to the health, safety, and general welfare of the public, relative to the burden placed upon the property owner and/or developer in preserving, maintaining, and/or programming such areas.
§ 190-31.13 Stormwater management and green infrastructure.
A.
Guiding documents and regulations. The below documents serve as the official guides and specifications for stormwater management.
B.
C.
Green infrastructure.
(1)
Where practicable, stormwater management facilities should utilize green infrastructure best management practices (BMPs) according to the following hierarchy of preference:
(a)
Conservation of natural areas.
(b)
On-site infiltration practices including, but not limited to, bioretention cells/rain gardens, vegetated swales, filter strips, constructed wetlands and porous pavement.
(c)
Capture and reuse of runoff through low-impact practices including, but not limited to, green roofs, blue roofs, and rain barrels or cisterns.
(2)
Where on-site green infrastructure BMPs are not feasible for all or a portion of stormwater runoff volume due to factors including, but not limited to, contamination, high groundwater table, shallow bedrock, or poor infiltration rates, or where it can be proven that such practices would cause property or environmental damage, the remaining portion may be treated by another stormwater management practice acceptable to the reviewing body.
(3)
In cases where on-site BMPs have been determined not to be feasible, the reviewing body may consider the following alternative stormwater management practices to meet water quantity standards, in order of preference:
(4)
Where stormwater management performance standards cannot be met due to unique site constraints or any other conditions beyond the control of the applicant, the reviewing body may provide an exemption to the standards of this section.
§ 190-32.1 Intent and purpose.
A.
It is the intent of this article is to assure that all development provide for safe and adequate access to a lot proposed for development. This intent is furthered by the requirement that all development that proposes to contain a new City street, private street and/or internal drive be designed to provide for:
B.
The provisions of this article are also intended to help protect the public health, safety, and general welfare by achieving the following objectives:
(1)
Protect the users of adjacent properties from nuisances caused by the noise, fumes, and glare of headlights which may result from the operation of vehicles;
(2)
Minimize further expansion of impervious surfaces within the City and reduce loss of green space;
(3)
Facilitate the implementation of sustainable design practices and development of green infrastructure to protect natural resources and improve the City's resiliency in the face of climate change;
(4)
Help to avoid and mitigate traffic congestion, traffic hazards, and vehicle and pedestrian interaction; and
(5)
Encouraging multimodal transportation options and enhanced pedestrian safety.
§ 190-32.2 Applicability.
A.
The term "vehicle," as used in this article, shall include, but not be limited to automobiles, motorcycles, trucks, recreational vehicles, campers, and trailers, including recreational and boat trailers.
B.
No site plan shall be approved and no permit shall be issued for the erection or occupancy of a building or structure unless the use conforms to the requirements of this article.
C.
For any off-street parking facility as required by this article, a layout plan showing entrances, drives and parking stalls, and snow storage and removal provisions shall be submitted as part of site plan review.
D.
Off-street parking and loading spaces shall be provided and kept available as an accessory use to all permitted and specially permitted uses of buildings, structures, and lots.
E.
Areas that may be considered as off-street parking space include any private garage, carport, or other area available for parking other than a street, entrance or exit lane, vehicle, pedestrian, or bicycle accessway, or driveway.
F.
The provision and maintenance of private off-street parking areas is a continuing obligation of the property owner.
§ 190-32.3 Residential off-street parking and driveways.
A.
General requirements. Off-street parking and driveways for single-, two-, and multifamily dwellings up to four units shall conform to the following:
(1)
Parking is prohibited on grass and yard space that is not hard-surfaced and properly designated for such use.
(2)
No required front or side yard area, except designated driveway space, shall be used for the open-air parking or storage of motor vehicles, boats, trailers, campers, recreation vehicles, or parts thereof.
(3)
No more than one commercial vehicle per dwelling unit may be parked in a residential district. Such vehicles shall be limited to no more than 3/4 tons.
(4)
No more than one unlicensed vehicle shall be parked or stored on a lot in a residential district.
(5)
Paving the area which fronts the front line of a building in a residential area is prohibited.
(6)
Vehicles parked in violation of Subsection A shall be issued a parking violation notice. The failure to remove said vehicle from the restricted or prohibited area within 24 hours of receiving a parking violation notice will result in said vehicle being towed at the owner's expense and a fine of $100.
C.
Neighborhood or municipal parking lots.
(1)
In highly congested areas where there are very limited or no off-street parking facilities in residential districts, a neighborhood parking lot may be designated at the direction of the Traffic Advisory Committee. The purpose of these lots is for use by the affected properties to eliminate front yard parking.
(2)
The designation, use, and permitting of neighborhood or municipal parking lots shall be in accordance with Chapter 183 (Vehicles and Traffic) of the City of Lockport Code.
(3)
No unlicensed or abandoned vehicles are to be parked in neighborhood lots.
§ 190-32.4 Parking location requirements.
A.
Location in all districts. Off-street parking and loading spaces are prohibited in the front yard in all districts. However, parking in front yard space shall be allowed for single-, two- and multifamily dwellings up to four units on an approved, designated driveway.
B.
Side yard parking. Side yard parking is prohibited in the MU-D District. Parking areas located in the side yard may be permitted in the MU-GC, MU-N, MO, MLI, and GI Districts when in compliance with the following standards:
(1)
The overall width of the parking area frontage does not exceed 30% of the lot width (see Figure 32.1).
(2)
The paved parking area is at least 10 feet behind the front building line. Where no primary structure is provided on a lot, the parking area shall meet the minimum setback requirements or be located at least 10 feet behind the front building line of an adjacent property, whichever is greater (see Figure 32.1).
(3)
The parking area is screened from the public right-of-way with landscaping or other visual buffer measuring at least three, but no more than five feet in height.
FIGURE 32.1 SIDE/REAR YARD PARKING  |
(4)
Special restrictions. Parking and loading spaces shall never be located at the corner of any street, in front of any building, or between a building and the public right-of-way.
§ 190-32.5 Parking design requirements.
A.
Materials and markings.
(1)
All spaces shall be hard surfaced with dustless material and shall be maintained in smooth and well-graded condition. Such surface shall be permanent and capable of being kept free of snow, dust, and dirt.
(2)
The use of pervious pavement material is highly encouraged. Areas comprised of permeable pavement shall be excluded from the calculation of maximum lot coverage.
B.
Landscaping and screening. All off-street parking and loading areas shall be landscaped and screened in accordance with Article 33.
C.
Lighting. All off-street parking and loading areas shall be illuminated in accordance with the requirements of Article 35.
D.
Grading and stormwater. All spaces and their access driveways shall be graded so as to provide for the proper mitigation of stormwater and runoff.
E.
ADA conformance. All new or reconstructed off-street parking areas must conform to Americans with Disabilities Act standards.
F.
Snow removal. All off-street parking areas must include a dedicated area independent of required parking and loading spaces for the placing and storage of snow.
G.
Dimensions.
(1)
Off-street parking space and aisle dimensions shall be in conformance with the table below:
Angle of Parking Space | Width (feet) | Length (feet) |
|---|---|---|
90° | 9 MIN | 18 MIN |
60° | 9 MIN | 18 MIN |
45° | 8 MIN | 18 MIN |
180° (parallel) | 8 MIN | 22 MIN |
(2)
Aisles intended for the maneuvering of vehicles within parking areas shall be no more than 24 feet in width.
§ 190-32.6 Off-street parking minimums.
A.
Determination of requirements. The requirement for a single use (e.g., a retail store) shall be determined directly from this section. The requirements for a combination of uses made up of multiple permitted or specially permitted uses (e.g., a retail store with an office building) shall be determined by establishing the requirement for each single use and adding them together, unless otherwise provided for in this article.
(1)
If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as the most similar listed use, as determined by the CEO.
(2)
Any use requiring 1/2 or more of a parking space shall require the full space.
(3)
The number of parking spaces provided for any use, except residential, shall not exceed 125% of the minimum requirement, unless otherwise approved as part of site plan review. The need for additional parking must be demonstrated by a quantifying analysis and determined not to create adverse impacts to neighborhood character, quality of life, or environment.
(4)
The minimum parking requirement may be reduced as part of site plan review if the applicant can make permanent arrangements for shared parking (in accordance with § 190-32.7) with other uses or can otherwise prove that the parking standards are excessive for the use.
(5)
The minimum parking requirement may be increased as part of site plan review if it is deemed necessary to protect the health, safety, and general welfare of the public.
(6)
If the use of the building or structure erected on or after the effective date of this chapter is changed to another use which requires more off-street parking spaces than required for the original use, additional off-street paved parking spaces shall be provided in the amount necessary to conform to this section, unless waived by the Planning and Zoning Board.
B.
Mixed Use Downtown (MU-D) and Mixed Light Industrial (MLI) Districts. There shall be no minimum parking requirements for existing development within the MU-D and MLI Districts, nor any change in use for existing structures. Any expansion of a structure or floor area of existing development and all new development shall provide off-street parking spaces in accordance with the following table:
Land Use | Minimum Spaces (MU-D District) |
|---|---|
Residential | 1 per dwelling unit |
Lodging | 1 per room |
Other | 3 per 1,000 square feet of gross floor area |
C.
All other districts. Off-street parking spaces shall be provided in all other districts in accordance with the following table:
Land Use | Minimum Spaces |
|---|---|
Residential | |
Single- or two-family dwelling | 1 per dwelling unit |
Multifamily dwelling | 1.5 per dwelling unit |
Upper floor dwelling unit | 1 per unit |
Bed & breakfast | 1 per room |
Hospice, nursing home, or assisted living | 0.5 per bed + 0.5 per employee1 |
Short-term rentals | Dwelling Type Requirement + 1 |
Short-term rentals over 4 bedrooms | Dwelling Type Requirement + 2 |
Commercial | |
Retail operation | 3 per 1,000 square feet2 |
Service operation | 2 per 1,000 square feet2 |
Restaurant, bar, or tavern | 4 per 1,000 square feet2 |
Office, administrative, or professional | 2 per 1,000 square feet2 |
Office or clinic, medical | 3 per 1,000 square feet2 |
Lodging | 1 per guest room + 0.5 per employee1 |
Other commercial use | 3 per 1,000 square feet2 |
Industrial | |
All uses | 1 per employee1 |
Other | |
Licensed daycare facility | 1 per classroom + 1 per employee1 |
Public use/place of public assembly | 0.5 per occupant, based on max occupancy |
School, public or private | 1 per classroom + 1 per employee1 |
Place of worship | 1 per 3 seats3 |
Home occupation | 1 per nonresident employee, in addition to residential use requirement4 |
NOTES: | |
|---|---|
(1) | Based on the maximum shift. |
(2) | As measured by the gross floor area of the primary structure of the proposed use. |
(3) | 18 linear inches of pews, benches, or other similar seating shall be counted as one seat. |
(4) | No more than 2 additional spaces shall be allowed. |
§ 190-32.7 Parking arrangement alternatives.
The following alternative arrangements may be employed to satisfy off-street parking requirements, conditional of site plan review approval.
A.
On-street and municipally owned parking. On-street and municipally owned parking spaces may be used to satisfy up to 20% of the requirements for off-street parking provided such spaces are no more than 1,000 feet from the use. The use and permitting of these spaces shall be subject to the requirements of Chapter 183 (Vehicles and Traffic) of the City of Lockport Code, as applicable.
B.
Public transit access. A public transit stop or station may be used to satisfy up to 15% of the minimum off-street parking requirement, provided the transit stop or station is located within 1,000 feet of the use.
C.
Parking demand analysis. The number of off-street parking spaces required for any use may be adjusted with the completion of a parking demand analysis by the applicant. When parking will be shared with other functions, the parking demand analysis may be used to determine the sharing factor. Such analysis shall include, at a minimum:
(1)
An estimate of the number of spaces needed to accommodate the proposed use;
(2)
A summary and map of the proposed location and/or configuration of spaces (on-site, public lots, on-street, etc.);
(3)
A market study and/or other supporting information and rationale behind the requested number of parking spaces; and
(4)
An analysis of existing parking conditions in the surrounding area, to include a radius of at least 500 feet.
D.
Joint and shared parking facilities.
(1)
Benefit. Joint and shared off-street parking areas that extend across property lines are encouraged as parking can be more efficiently organized between uses in larger areas, resulting in more parking capacity with less land devoted to parking.
(2)
Joint parking. Joint off-street parking areas by two or more buildings or uses located on the same lot or adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately. The land upon which the joint parking spaces are located shall be owned or leased by one or more of the collective users.
(3)
Shared parking. Shared off-street parking areas for two or more uses that are located on the same lot or adjacent lots is permitted, provided they have differing peak parking demands or operating hours. Shared parking areas shall conform to the following:
(a)
The minimum number of spaces provided is at least that of the use with the greatest parking requirement.
(b)
The parking area is located within 1,000 feet of the building(s) or use(s) it is intended to serve.
(c)
The applicant demonstrates that the uses have different peak hour parking demands or that the total parking demand at one time would be adequately served by the total number of parking spaces proposed.
(d)
A shared parking agreement is executed documenting the shared uses and property owners and must be reflected in a deed, lease, contract, easement, or other appropriate legal document.
(e)
A maintenance agreement is executed documenting the responsibility of each user in the maintenance and upkeep of said shared parking facilities.
§ 190-32.8 Bicycle and pedestrian accommodations.
A.
Bicycle parking. The provision of bicycle parking is encouraged with all multifamily and nonresidential development at a rate of at least 10% of vehicle parking requirements.
B.
Pedestrian connectivity.
(1)
Off-street parking areas of five or more spaces shall include a clearly identified pedestrian network from the parking spaces to building entrances and uses on site. Pedestrian connections to the public sidewalk shall also be required, where applicable (see Figure 32.2).
(2)
Sidewalks shall be provided for the full length of all street frontages on a lot.
(3)
Applicants should cooperate with adjoining properties in creating a pedestrian network with mid-block connections, public courtyards and small plazas.
(4)
Crosswalks should highlight points of potential conflict between vehicles, pedestrians and bicyclist with signs, changes in texture or color, pavement materials, etc.
FIGURE 32.2 ON & OFF-SITE PEDESTRIAN CONNECTIVITY  |
§ 190-32.9 Access management and driveways.
A.
General requirements.
(1)
No person, firm or corporation shall construct or locate any driveway entrance into or exit from a road in the City of Lockport without having first met the provisions of this section.
(2)
Access from streets to parking areas shall be clearly defined. In order to minimize the number of curb cuts, shared access drives and the development of rear service lanes for access to parking and loading areas are required.
(3)
All parking spaces, except those required for single-, two-, or multifamily dwellings up to four units, shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or into a public street or alley shall be traveling in a forward motion.
(4)
Shared access roads and driveways may be required where vehicular ingress and egress can be more efficiently organized and result in fewer potential pedestrian and vehicle traffic conflicts.
(5)
In no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts.
B.
Location requirements.
(1)
Direct vehicular access driveways and curb cuts to public streets shall be minimized to the greatest extent practicable. Curb cuts and driveways to nonresidential uses shall be spaced a minimum of 50 feet apart. Minimum spacing is to be measured from the closest edge of the driveway to the closest edge of the nearest driveway on the same side of the street.
(2)
No access road or driveway shall be located closer than 40 feet to the intersection of public streets.
(3)
All driveways, access roads, and buildings shall have designated pedestrian walking paths providing connections between entrances and existing sidewalks.
(4)
Access from side streets rather than arterials should be obtained to maintain mobility and minimize conflict points, unless such access would abut a residential use. The development of secondary access roads behind developments is encouraged, where feasible.
C.
Design requirements.
(1)
The minimum and maximum width of an access driveway for all nonresidential uses shall be determined by the table below:
Land Use | Required Width (feet) | |
|---|---|---|
Other - one-way access | 10 Min | 16 Max |
Other - two-way access | 20 Min | 24 Max |
(2)
No more than two driveways shall be permitted to a single lot entering/exiting on one street.
(3)
All driveways shall be constructed with a suitable crown so as to lessen the erosion effect of surface runoff as approved by the City Engineer. In addition, as specified by the City Engineer, a catch basin at a point near the intersection of the driveway and the street may be required. This will prevent surface water and debris from being discharged onto the street.
(4)
A traffic study or analysis may be required to support design considerations and/or to validate the mitigation of any traffic impacts associated with the development of a street or driveway.
D.
Construction.
(1)
The developer shall furnish all materials and bear the costs of all construction, and shall pay the cost of all work done and materials furnished as required to meet the conditions set by the City Traffic Advisory Committee, and the County and State Highway Departments.
(2)
No new driveway, or alteration, or relocation made to an existing driveway, shall be made without first securing permission from the City Traffic Advisory Committee.
§ 190-32.10 Loading space requirements.
A.
Loading spaces required. In all districts, except the MU-D District, any lot or structure thereon which is to be occupied by a nonresidential use exceeding 4,000 square feet in gross floor area and requiring the receipt and/or distribution of materials or merchandise by vehicles shall provide off-street loading spaces in accordance with this section.
B.
Minimum space requirements. Loading spaces shall be provided for uses in accordance with the table below:
Gross Floor Area (SF) | Min # | Min Area | Min Clearance Height |
|---|---|---|---|
Less than 4,000 | 0 | - | - |
4,000 to 10,000 | 1 | 12 x 60 ft | 14 ft |
10,000 to 50,000 | 1 | 12 x 60 ft | 14 ft |
Each additional 50,000 | +1 | 12 x 60 ft | 14 ft |
C.
Loading spaces shall be located in the side or rear yard only.
D.
Off-street loading spaces shall be located on the same lot or parcel as the structure or use for which it is provided.
F.
No loading space shall be located closer than 10 feet from a lot line abutting any residential zoning district.
§ 190-32.11 Maintenance of parking and loading areas.
Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with standards adopted by the Planning Board entitled "Standards for the Development and Maintenance of Off-Street Parking and Loading Areas."
§ 190-32.12 Electric vehicle charging stations.
The following requirements shall apply to charging stations and electric vehicle supply equipment (EVSE) established as part of a nonresidential or mixed use off-street parking area.
A.
Permitted EVSE shall include Level 1, 2, and 3 charging stations.
B.
Battery charging station outlets and connector devices shall be mounted to comply with local and state building and energy codes and must comply with all relevant Americans with Disabilities Act (ADA) requirements.
C.
Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.
D.
Cords shall be retractable or have a place to hang the connector and cord keeping them off the ground.
E.
EVSE pedestals shall be designed to minimize potential damage by accidents, vandalism and to be safe for use in inclement weather.
F.
EVSE shall not encroach into the required dimensions of a parking space (length, width, and height clearances).
G.
EVSE shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on publicly accessible equipment for reporting problems and customer support.
§ 190-33.1 Purpose and intent.
A.
Purpose. The City of Lockport recognizes the value of trees and landscaping and that the preservation and enhancement of these resources is necessary to protect the health, safety and welfare of City residents. Landscaping is considered an integral part of site design, offering shade and habitat, impeding soil erosion, providing water absorption and retention to inhibit excess runoff and flooding, enhancing air quality, offering a natural barrier to noise and enhancing property values and providing scenic beauty. Landscaping emphasis shall be placed on providing features that enhance the overall aesthetics of development and the character of the City of Lockport.
B.
Intent. The standards located within this article are intended to:
(1)
Establish minimum standards and criteria for landscaping for multifamily and nonresidential development in the City, including parking areas.
(2)
Dissuade the unnecessary clearing and disturbing of land to preserve the natural and existing growth of flora.
(3)
Ensure the replacement of removed flora, or to establish new flora, that is indigenous to the Western New York region.
(4)
Reduce the effects of wind and air turbulence, noise and the glare of automobile lights.
(5)
Prevent soil erosion and provide shade.
(6)
Reduce the level of carbon dioxide and return pure oxygen to the atmosphere.
(7)
Provide unpaved areas for the absorption of stormwater runoff and prevent soil erosion and avoid the blighted appearance of parking areas.
(8)
Conserve and stabilize property values, preserve a healthy environment, and facilitate the creation of a convenient, attractive, and harmonious community environment.
(9)
Relieve the blighted appearance of parking areas.
§ 190-33.2 Applicability.
All nonresidential, mixed-use, and multifamily development that is otherwise subject to site plan review shall meet the requirements of this article.
§ 190-33.3 Landscape plan requirements.
A.
Whenever landscaping is required to be provided, a landscape plan shall be submitted and approved as a part of the site plan review process.
B.
The Planning Board may require that the landscape plan shall be prepared and stamped by a New York State Licensed Landscape Architect, authorized to practice landscape architecture in accordance with New York State Law.
C.
Plan requirements. The landscape plan(s) shall include:
(1)
A legend, plant list, key, a scale drawn to a minimum of one inch to 40 feet, north arrow;
(2)
Existing and proposed site grading;
(3)
Existing and proposed structures and uses;
(4)
Parking areas, drives, and access aisles;
(5)
Refuse disposal areas/dumpsters;
(6)
Outdoor storage areas;
(7)
Drainage patterns;
(8)
Provisions for visual and noise screening;
(9)
Street tree branching for any shade trees placed within street ROWs, parking lots, or within 15 feet of a publicly maintained roadway, parking area or walkway;
(10)
The name of the project, the address of the property, the owner and the developer of the property; and
(11)
The plan preparer's appropriate professional stamp and signature.
D.
Proposed planting summary. The landscape plan shall delineate the location and description of all existing and proposed trees, shrubs and plantings. To insure proper protection of plantings and planted areas, landscape materials to be used on the site shall be identified in a planting schedule to be included on the landscape plan with the following information:
E.
The landscape plan shall include all existing plant materials that are to be removed from the site and such other information as may be required to aid in site plan review.
F.
Landscape plans should include a variety of trees, shrubs, and ornamental planting (annuals and perennials) as part of the site design. The mixing of trees and shrubs helps to avoid a uniform, unnatural appearance, and to protect against extreme loss due to disease or infestation.
G.
Upon approval of the landscape plan by the City, the property owner agrees to install and perpetually maintain the approved landscape design and materials for the duration of the approved use.
§ 190-33.4 Appropriate plant material.
A.
Plant and landscape materials shall be compatible with soil conditions on-site and the regional climate. Native plant species are encouraged.
B.
All grasses, trees, and plant material shall be in accordance with those appropriate for the City of Lockport's Plant Hardiness Zone (Zone 6a) as defined by the United States Department of Agriculture, including any amendments thereto.
C.
Under no circumstance shall any site include plant material that is considered by the New York State Department of Environmental Conservation to be a prohibited and regulated invasive species.
§ 190-33.5 General standards and criteria.
A.
Minimum areas of open space and landscaping. The provision of open space and landscaped areas shall conform to the following:
(1)
Areas of open space shall be provided at the rate required by the district in which the lot is located (see Part 2, District and Use Regulations).
(2)
Areas of open space in the right-of-way may count toward the provision of landscaping and open space on the property to the extent permitted by the reviewing body.
B.
The arrangement and spatial location of landscaped areas shall be designed as an integral part of the site development and disbursed throughout the site, and not just located around the perimeter.
C.
Existing vegetation and trees (of all sizes and stages of maturity) shall be maintained, wherever possible.
D.
Plastic or other artificial plantings or vegetation are not permitted.
E.
Landscape plantings should be designed to stage blooms and have color throughout the growing season.
F.
Indigenous species shall be utilized to the greatest extent possible.
G.
Provisions for snow removal and snow storage must not adversely impact landscaped areas. Any area damaged as the result of snow removal or storage activities must be fully restored in accordance with the approved landscaping plan within the next planting season.
H.
Upon site plan review approval, ornamental lighting and street furnishings may be incorporated within approved landscaped areas.
§ 190-33.6 Lawn area.
A.
Grass areas shall be planted in a species well adapted to localized growing conditions in Niagara County, New York. Grass areas may be sodded, plugged, sprigged, hydro-mulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion.
B.
In areas where other than solid sod or grass seed is used, over-seeding shall be sown for immediate effect and protection until coverage is otherwise achieved.
C.
Replacement or over-seeding mixes should match or compliment the original installation.
D.
Grass areas shall also provide continuous, uniform, and consistent coverage.
§ 190-33.7 Building foundation landscaping.
A.
A mix of landscape plantings shall be installed around all building foundations.
B.
Plant material shall be placed intermittently against long expanses of buildings walls, fences, and other barriers to soften the effect and to help break-up walls with little to no architectural detail.
C.
Ornamental plant material, such as flowering trees and shrubs, perennials, and ground covers are encouraged.
D.
Plantings should decrease in size and increase in detail, color, and variety near entryways into buildings.
§ 190-33.8 Dumpster and mechanical equipment screening.
A.
Dumpster screening. All dumpsters shall be screened from public view in accordance with the following:
B.
Exceptions. Where dumpster screening may be infeasible due to site constraints, the requirements may be waived or modified through site plan review. In such cases, the waiver or modification of requirements should still ensure the greatest level of compliance with the spirit and intent of this section.
C.
Mechanical equipment. Mechanical equipment located at ground level must be effectively screened with vegetation, low berms, or others measures that are equal to or taller than the equipment being screened.
§ 190-33.9 Off-street parking and loading areas.
A.
Screening.
(1)
Parking shall not be located within 10 feet of any residential district or use, except where a solid screening wall or fence at least six feet in height is placed on the lot line with vehicle stops or a bumper to ensure the integrity of the fence, in which case no setback shall be required. Parking lot stops shall consist of durable material, such as concrete, masonry, metal or rubber. Wooden stops are prohibited.
(2)
Where parking is located 10 feet from a residential district or use, the perimeter shall be landscaped with ground cover, low shrubs or flowering plants, and shade trees shall be planted at intervals of not more than 25 feet.
(3)
Parking areas must also be screened along lot lines bordering institutional or residential uses. Such screening shall consist of a landscaped area at least six feet wide, densely planted with a mixture of trees and shrubs to create an effective visual barrier. All trees shall be a minimum of 1.5-inch caliper (trunk diameter) when planted.
B.
Landscaping (see Figure 33.1).
(1)
Landscaping within parking areas shall provide visual and climatic relief from broad expanses of pavement and shall be designed to define logical areas for pedestrian and vehicular circulation and to channel such movement on and off the site.
(2)
Parking lots containing 10 or more spaces shall be planted with at least one tree per eight spaces, no smaller than 1.5-inch caliper (trunk diameter at four-foot height). Each tree should be located within a landscaped island or median. Large and medium shade trees (no less than eight feet in height at maturity) are recommended.
(3)
Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended in parking areas.
(4)
Landscaped islands should be utilized in parking areas to separate parking stalls into groupings of not more than 20 spaces between islands.
(5)
Parking lots should be broken up into "rooms" of no more than 40 spaces, separated by landscaped islands or pedestrian accessways or sidewalks.
(6)
The dimensions of all islands and medians proposed should be a minimum of eight feet wide at the shortest side to protect plant materials and ensure proper growth. Landscaped islands should be protected with concrete curbing.
(7)
Each median or island should include at least one tree. Low shrubs and ground covers will be required in the remainder of the landscaped area. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.
(8)
In instances where healthy plant material exists on a site prior to its development, the above-mentioned standards may be modified to allow credit for such plant material, provided it is determined through site plan review that such an adjustment is in keeping with and will preserve the intent of these standards.
FIGURE 33.1 PARKING LOT LANDSCAPING  |
§ 190-33.10 Buffering of nonresidential uses.
A.
Requirements. Where any nonresidential use abuts a residential use or district, including off-street parking areas, a landscaped buffer of at least five feet in width shall be provided. Such buffer shall include one or any combination of the following screening as approved in site plan review:
(1)
A landscaped earthen berm a minimum of two feet high plus plantings a minimum of two feet high (a total of four feet high).
(2)
A decorative concrete or masonry wall.
(3)
A wood, wrought iron, tubular steel, or similar fence compatible with the character of the area in which the fence is to be placed. Fences or walls used to meet screening requirements shall display a finished face toward adjacent streets and properties.
(4)
A compact hedge or other live vegetative barrier.
B.
Exceptions. Where buffering between nonresidential and residential uses is infeasible due to site constraints, the requirements may be waived or modified through site plan review. In such cases, the waiver or modification of requirements should still ensure the greatest level of compliance with the spirit and intent of this section.
§ 190-33.11 Maintenance.
A.
All landscaped areas shall be maintained according to the approved landscape plan, or as amended by an approved site plan revision.
B.
The property owner, or his designated agent, shall be responsible for the proper care and maintenance and replacement, if necessary, of all landscape materials in a healthy and growing condition.
C.
Maintenance shall include, but not be limited to; watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.
D.
All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the property owner's expense. The replacement shall be of the same species and size unless otherwise approved as part of site plan review.
E.
Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition and conserve water to the greatest extent feasible through proper watering techniques.
F.
Improper maintenance shall be determined through periodic inspection by the CEO. The CEO may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the property owner's expense.
§ 190-34.1 Purpose and applicability.
A.
Purpose. The purpose of this article is to permit the use of signage within the City of Lockport, while also promoting and protecting the health, welfare, and safety of the public. The intent of this article is to achieve the following objectives:
(1)
Ensure right to free speech as protected under the United States Constitution;
(2)
Establish a clear and impartial process for those seeking to install signs;
(3)
Protect property values, create a more attractive economic and business climate, and protect the physical appearance of the community;
(4)
Provide structures and uses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
(5)
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
(6)
Reduce the adverse effects of signage on the desirable aesthetic of the City and on the general environment of the community; and
(7)
Curb the deterioration of natural beauty in the community's environment.
B.
Applicability.
(1)
The regulations of this article shall govern and control the erection, enlargement, expansion, renovation, operation, maintenance, relocation, and removal of all signs within the City visible from any street, sidewalk, public right-of-way, or public space.
(2)
The provisions of this article shall not apply to safety signs, road signs, historical markers, highway directional signs, or signs erected by governmental agencies.
(3)
This article shall in no event be construed or employed in any manner to prohibit the customary decoration of premises in any district during religious, patriotic or holiday seasons.
§ 190-34.2 Sign permit required.
A.
Permit required. Apart from the signs listed in § 190-34.13, no sign shall hereafter be erected, enlarged, altered, rebuilt, extended, relocated, or used within the City of Lockport unless a permit for such sign is first obtained from the CEO.
B.
Exempt actions. The following actions shall not require the issuance of a new sign permit provided such maintenance, changes, or alterations do not in any way alter the physical size, design, or nature of the sign.
(1)
Normal maintenance and repair of a sign not involving structure changes, including, but not limited to, repainting, repairing, changing of parts, or cleaning.
(2)
Changes to the content or message of a sign, provided no change is made to the type, size, design, illumination, location, or other physical sign feature. The issuance of a building permit shall be required in accordance with Article 41 to ensure compliance with the provisions of this chapter.
(3)
Changes in the sign user, owner, or owner of the property on which the sign is located.
C.
Exempt signs. The following signs shall be exempt from regulation under this article and shall not require a building permit for a sign:
(1)
Signs erected and maintained pursuant to and in discharge of any governmental function;
(2)
Signs prohibiting trespassing;
(3)
Integral, decorative or architectural features of building, except letters or trademarks;
(4)
Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located.
D.
Signs requiring permits. Sign permits are required for certain sign types, depending upon its location, design, or size. The table below indicates permit requirements by sign type.
Sign Type | Permit Required | Sign Regulations |
|---|---|---|
Address | No | |
Awning or canopy | Yes | |
Directional | No | |
Flag | No | |
Gasoline/charging station | No | |
Governmental | No | |
Ground | Yes | |
Incidental | No | |
Internal | No | |
Lawn | No | |
Marquee | Yes | |
Neon | No | |
Pole | Yes | |
Projecting | Yes | |
Suspended | No | |
Wall | Yes | |
Window | No | § 190-34.13K |
Temporary | Yes |
E.
Alteration. Any sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, unless an amended or new sign permit is obtained from the CEO.
F.
Expiration. A sign permit shall expire if the sign for which the permit has been issued is not fully constructed within 180 days from the date of issuance of the sign permit. The CEO may grant an extension provided the applicant submits a written request with sufficient reason for the delay in construction, upon payment of 75% of the original fee.
G.
Revocation. The CEO, at any time for a violation of this article, may issue a notice of violation. A written notice of the violation including all reasons for the violation shall be mailed to the property, building, and/or sign owner. Said violation must be corrected within 30 days of the date of notice, otherwise the sign permit shall be revoked and the sign in question shall be required to be removed.
H.
Variances. Notwithstanding any other provision of this article, upon application to the Zoning Board of Appeals, that Board may vary or adopt the strict application of any of the requirements of this article.
I.
Failure to obtain a permit. Signs requiring a permit but erected without a permit will incur a penalty in the amount of twice the permit cost per the City of Lockport Fee Schedule.
§ 190-34.3 Sign permit applications.
A.
Application submittal.
(1)
Sign applications shall not be processed until all required materials have been submitted to the CEO.
(2)
Incomplete applications will not be processed. The CEO shall provide written or electronic notice of application deficiencies to applicants. If such deficiencies are not corrected within 30 days of notice, the application will be considered withdrawn.
B.
Application requirements. The following shall be provided in all sign permit applications. The CEO may require application materials to be prepared by a licensed engineer or sign professional if deemed necessary for adequate review of the proposed sign.
(1)
Name, address, contact information, and signature of the applicant.
(2)
Name, address, and signature of the building and/or property owner (if not the applicant), and a statement of consent for the applicant to seek such sign permit.
(3)
Dimensions and drawings indicating the size, shape, construct, materials, and layout of the proposed sign(s).
(4)
Site plan and elevations indicating the proposed location and size of the sign(s) drawn to scale.
(5)
Color illustrations and/or photographs of the proposed sign and sign area.
(6)
Proposed illumination system, if any, and the type of lighting to be used.
(7)
Plan for removal of the sign(s) and restoration of the building facade, ground, or other feature to which the sign(s) is proposed to be attached.
(8)
Any additional site and/or sign information deemed necessary by the CEO for the proper review of such application.
(9)
The required sign permit application fee as set forth in the City of Lockport Fee Schedule.
§ 190-34.4 Review procedures.
A.
Review criteria. The approval of sign permit applications shall be based upon the following criteria:
(1)
The sign is not confusing or distracting, nor will it create a traffic hazard or otherwise adversely impact public safety;
(2)
The sign follows the design guidelines outlined in § 190-34.19 to the greatest extent practicable; and
(3)
The sign is otherwise compliant with this article and all other applicable local, state, and federal laws and regulations.
B.
Standard review procedures.
(1)
The CEO is hereby authorized to review, approve, approve with modifications, or deny a sign application in accordance with this article.
(2)
The CEO may, at their discretion, refer any sign application to the Planning Board for review and issuance of an advisory opinion. Such review may occur at any regularly or specially scheduled Planning Board meeting.
(3)
The CEO may utilize the opinion of the Planning Board in the issuance of their decision to approve, approve with modifications, or deny a sign application.
(4)
Any person aggrieved by a decision for a sign permit by the CEO may submit an appeal to the Zoning Board of Appeals. Such appeal must be made within 30 days of the date of decision.
C.
Site plan or special permit review. Developments subject to review and approval under this chapter may have proposed signage reviewed and approved as part of the special permit or site plan review process. In the event of such review, all required sign permit application materials shall be provided as part of the special permit or site plan application.
§ 190-34.5 Measurement.
A.
Sign area.
(1)
Single sign face. The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or geometric combination thereof that will encompass the extreme limits of the writing, representation, emblem, graphic, and/or other display, together with any material, backdrop, or structure on which it is placed. See Figures 34-1 and 34-2.
FIGURE 34-1: SINGLE SIGN FACE AREA  |
FIGURE 34-2: INDIVIDUAL LETTER SIGN AREA  |
(2)
Multifaced signs. In the case of a multifaced sign only one side of the sign is considered in determining sign area if the sides of the sign are back-to-back or diverge at an angle of 45° or less. Otherwise, the sign shall be computed by adding together the area of all sign faces visible from any one point.
B.
Sign height.
(1)
Freestanding sign. The height of a freestanding sign shall be calculated by measuring the vertical distance between the top part of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. See Figure 34-3.
FIGURE 34-3: FREESTANDING SIGN HEIGHT  |
(2)
Other signs. The height of an awning, projecting, suspended, wall, or window sign shall be determined by measuring the vertical distance between the top part of the sign face to the bottommost edge of the sign face.
§ 190-34.6 Safety provisions for all signs.
A.
No sign shall be erected in such a manner as to obstruct free egress from a window, door, or fire escape or to become a menace to life, health or property.
B.
No sign shall be erected at or near any intersection of streets, alleys, or railways in a manner that obstructs free and clear vision for pedestrians, bicyclists, and motorists.
C.
No sign shall be of a shape or color that may be confused with any authorized traffic control device.
D.
No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used with any sign display.
E.
The erection of any sign and its supports, including any wiring and/or electrical components utilized therein, shall be consistent with generally accepted standards and requirements of the New York State Building Code.
F.
The erection of any sign, its supports, wiring, or other structural and/or electrical elements may be subject to inspection and approval by the CEO.
§ 190-34.7 Construction.
A.
All signs shall be constructed of permanent, weather resistant, and durable materials, except for banners, flags, temporary signs, and window signs otherwise in conformance with this article.
B.
Where applicable, signs shall be supported by sign structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of the New York State Building Code. All sign supports shall be reviewed as part of the sign design.
C.
No sign may be constructed of untreated, unfinished, or unpainted wood, sandblasted metal, or other unfinished materials. All wood components of signs must be sealed and protected from the elements.
D.
All electrical signs shall be constructed in accordance with the standards of the National Electric Code and be UL listed.
§ 190-34.8 Illumination.
A.
In no event shall any illuminated sign or lighting device be placed so as to direct the beams and illumination therefrom upon a public street, highway, sidewalk or adjacent premises that would cause glare or reflection that may constitute a traffic hazard or nuisance.
B.
All lighting fixtures shall be dark sky compliant and directed so as not to cast an illumination of more than two foot-candles on adjacent nonresidential properties or more than 0.1 foot-candle on adjacent residential properties.
C.
All illumination shall be a steady, continuous burning of bulbs or lights. The flashing, blinking, oscillating, rotating or intermittent turning on and off of any illuminating device is prohibited.
D.
Overhead wires or exposed wires on a sign or its supporting members are prohibited.
E.
Permitted lighting fixtures include, but are not limited to, lanterns, goosenecks, and shielded spot lights. Single bar fluorescent tube fixtures are prohibited.
F.
Channel lettering and reverse channel lettering may be utilized in districts where illumination is permitted.
G.
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.
§ 190-34.9 Location.
A.
No sign shall be posted on public property or within a public right-of-way without express approval by the Common Council.
B.
No sign shall obscure, alter, or cover the architectural features of any building.
C.
Off-premise signs are prohibited. All signs shall be located on the site of the use being promoted, identified, or advertised.
D.
All freestanding signs, unless otherwise noted within this article, shall be no closer than three feet from the inner edge of the public sidewalk or 10 feet from the inner edge of the public roadway, whichever is greater.
§ 190-34.10 Visibility at intersections.
All signs shall conform to the provisions of § 190-25.6, Visibility at intersections.
§ 190-34.11 Maintenance and repair.
All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this article at all times. Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, replacement of copy, and other acts required for maintenance of such sign. If any sign does not comply with these standards, the CEO may require its removal.
§ 190-34.12 Removal of signs.
A.
Any sign that becomes obsolete, meaning the business, product, service, event, or other such topic to which it relates ceases operation or is no longer applicable, must be removed within 30 days of such termination. An extension may be granted by the CEO upon written request by the sign owner.
B.
The removal of signs shall be the sole responsibility of the sign owner and/or sign permit holder. If said sign is not removed within 30 days of the date of written notice by the CEO, the CEO is authorized to effect its removal.
C.
The removal of signs shall include the removal of all sign elements and related structural supports, returning the building, site, or structure to its original state.
D.
The CEO may remove any sign that is found to be in violation of this chapter. The property and/or sign owner shall subsequently be given written notice of such sign removal. If the sign is not claimed within 10 days of written notice, the CEO may dispose of said sign.
E.
Any costs incurred for the removal of a sign shall be fully reimbursed to the City of Lockport by the sign owner and/or sign permit holder upon written request of the CEO. All expenses incurred by the City in removing such sign shall be a charge against the property and shall be added to the next taxes assessed against the property if not paid within 30 days after request of said charge is delivered to the owner by certified mail or equivalent means.
§ 190-34.13 Signs authorized without a permit.
The following types of signs may be erected in the City without obtaining a sign permit. Although permits are not required for these signs, they shall conform to all other requirements of this chapter or may be subject to removal by the CEO in accordance with § 190-34.12.
A.
Directional signs. Nonilluminated direction signs do not require a permit provided the following conditions are met:
(1)
Such signs are located entirely on the property to which they pertain.
(2)
No sign exceeds three feet in height and six square feet in area, and the cumulative area of all signs on the lot does not exceed six square feet in a residential district or 12 square feet in a nonresidential district.
(3)
Such sign does not extend above the first floor of any given structure or project beyond property lines.
 |
C.
Gasoline or vehicle charging station signs. Signs attached to a gasoline pump or vehicle charging station shall not require a permit provided the total area of fuel pump signs does not exceed two square feet per fuel pump. Operational and payment instructions on the face of the pump shall be exempt from this limitation.
D.
Governmental signs. Any official sign, public notice, or warning sign authorized by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: New York State inspection station or authorized repair shop identification).
F.
Internal signs. Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is not legible beyond the property lines.
G.
Lawn signs. Lawn signs shall be in conformance with the regulations below.
H.
Neon signs. Neon signs shall not require a sign permit provided they conform to the following:
I.
Suspended. A sign attached to and supported by the underside of a horizontal plane shall not require a sign permit provided they conform to the following:
J.
Window sign. No window sign shall occupy more than 30% of an individual window area, as delineated by the window frame, and shall not be illuminated.
§ 190-34.14 Prohibited signs.
A.
Certain sign types are prohibited in the City, as indicated in the table below.
Prohibited Sign Types |
|---|
Roof signs |
A-frame signs |
Signs mounted on wheels |
Banners, posters, pennants, streamers, spinners, balloons, or tear drop style flags |
Signs that emit audible sounds, odor, or visible matter |
Signs employing vertical louvered blinds, mechanically changing, or movable materials |
Digital or electronic signage which displays animated content |
Signs that contains words or pictures of an obscene or pornographic nature |
Beacons |
B.
In addition, signs with the following characteristics are prohibited:
(1)
Any sign for which no sign permit was issued, for which a sign permit was revoked, or any other sign not explicitly authorized herein.
(2)
Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or any sign which hides from public view any traffic or street sign, signal, or device.
(3)
Any sign that flashes, blinks, rotates, or revolves, or utilizes unshielded lighting devices, mirrors, or reflectors to outline or provide the background of a sign.
(4)
Any sign that is not properly maintained, considered structurally unsound, hazardous, or otherwise unsafe.
(5)
Any sign prohibited within a residential district that is located in an adjacent nonresidential district and is not set back at least 10 feet from the adjacent residential district property line.
(6)
Any sign that is located off-premise from the use and/or structure to which it serves, unless otherwise permitted by this article.
(7)
Any sign that is obsolete or abandoned, advertising an activity, business, product, or service no longer conducted or available. Such sign shall be removed within 30 days after abandonment of the use or premises.
(8)
Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on or over any public street unless otherwise permitted by this article.
§ 190-34.15 Regulations by Zoning District.
A.
The following table indicates the number and types of signs permitted in the City of Lockport by zoning district.
(1)
A "•" indicates that the sign type is permitted and may be illuminated.
(2)
A "○" indicates that the sign type is permitted but may not be illuminated.
(3)
A "-" indicates the sign type is prohibited.
Zoning District | LDR, MDR, MR | MU-D | MU-GC | MU-N/MO | MLI, GI |
|---|---|---|---|---|---|
Max # of sign types (per use) | 1 | 2 | 2 | 1 | 2 |
Awning or canopy | - | • | • | ○ | • |
Ground | ○ | • | • | • | • |
Marquee | - | • | • | - | • |
Pole | - | - | • | - | • |
Projecting | - | • | • | • | • |
Temporary1 | ○ | ○ | ○ | ○ | ○ |
Wall | ○ | • | • | • | • |
NOTE: | |
|---|---|
(1) | Temporary signs shall not count towards the maximum number of signs per use. |
§ 190-34.16 Additional signage for developments.
A.
Due to the unique identification needs of residential and multi-tenant commercial developments, additional signage may be permitted in accordance with the table below. All signs must be in conformance with § 190-34.17, where applicable.
Configuration | Permitted Sign Type and Standards |
|---|---|
Single- or Multifamily Residential Development | |
Per entrance1 | One additional ground sign, in conformance with § 190-34.17 B |
Campus Style Development | |
Per entrance1 | One additional ground sign, no more than 40 sf. in area and 10 ft. in height |
Mixed-Use or Multi-Tenant Commercial Development | |
Per use or tenant | Up to 2 sign types in conformance with § 190-34.17 |
Per entrance | One ground or pole sign not exceeding 60 sf. in area |
Multistory, Mixed-Use or Multi-Tenant Commercial Building | |
Per first-floor use | Up to 2 different sign types in conformance with § 190-34.17 |
All upper floor uses | One shared wall, projecting, or suspended sign in conformance with § 190-34.17 |
NOTE: | |
|---|---|
(1) | The additional signage Shall only apply to entrance points from public streets. |
B.
Coordinated sign plans.
(1)
Coordinated sign plans shall be required for newly proposed multitenant developments.
(2)
The purpose of this plan is to detail the standards for uniformity which the development proposes to live up to, and to state the manner in which the design criteria and standards for uniform sign set forth in this section shall be met.
(3)
Building permits for signs for individual businesses within the development (and therefore subject to the coordinated sign plan) shall be approved by the Commissioner of Building, following coordinated sign plan approval.
(4)
All signs shall conform to the approved coordinated sign plan on file with the City. It shall be the responsibility of the owner of the development to ascertain that the most updated version is on file for purposes of this article.
§ 190-34.17 Regulations by sign type.
A.
Awning sign. A sign that is part of or attached to an awning.
 |
(1)
All awning or canopy signs shall be in conformance with the standards of the following table:
Max number | 1 per awning/canopy structure |
Max area | 50% of valence area |
Max height | - |
Min ground clearance | 9 ft |
(2)
Additional regulations.
(a)
Awning signs shall be limited to the valence area.
(b)
A single use may utilize no more than two awnings for signage. Where a single use has more than one awning, each awning shall match in color and style.
(c)
Where an awning relates to more than one use, each use shall be entitled to one sign on such awning provided the color and style of the signs are the same.
(d)
Awnings upon which a sign is to be placed shall be comprised of high-quality, weather-resistant materials designed for exterior use.
B.
Ground sign. A sign not attached to any building or structure, which may be flush with the ground or supported by two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than three feet.
 |
(1)
All ground signs shall be in conformance with the standards of the following table.
Zoning District | LDR, MDR, MR | MU-D, MU-GC, MU-N, MO | MLI, GI |
|---|---|---|---|
Max number | 1 per lot | 1 per building | 1 per building |
Max area | 6 sf | 24 sf | 40 sf |
Max height | 3 ft | 6 ft | 10 ft |
Min separation between signs on same premises | - | - | 50 ft |
Min setback | 5 ft | 5 ft | 15 ft |
(2)
Additional regulations.
(a)
No ground sign shall be permitted where the principal structure on the lot has a front setback of less than five feet.
(b)
All ground signs must be sufficiently secured to prevent movement from wind.
(c)
Ground signs and pole signs may not be used in combination on the same premises.
(d)
All ground signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.
(e)
All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced within 30 days of written notice by the CEO.
(f)
External lighting fixtures may be mounted on the ground or on the sign. Lighting fixtures mounted on the ground shall be shielded and directed to illuminate only the sign face.
C.
Marquee sign.
(1)
No building or use may have more than one marquee sign.
(2)
Marquee signs shall not extend beyond the top or the sides of the building.
(3)
Marquee signs shall not be oriented towards any residential district.
(4)
Marquee signs shall not project into any adjacent right-of-way, unless approved by the appropriate federal, state, county, or local highway official.
(5)
The ground clearance shall be a minimum of nine feet.
D.
Pole sign. A sign not attached to any building or structure, which may be supported by one or two columns or posts where the distance between the ground and bottommost edge of the sign is greater than three feet.
 |
(1)
All pole signs shall be in conformance with the standards of the following table.
Building Frontage Width | <30 FT | 30-60 FT | 60+ FT |
|---|---|---|---|
Max number | - | 1 | 2 |
Max area | - | 120 sf | 120 sf (60 sf each) |
Max height | - | 12 ft | 15 ft |
Min separation between signs on same premises | - | - | 50 ft |
Min setback | - | 5 ft | 5 ft |
NOTE: | |
|---|---|
(1) | Maximum height shall include the distance from the ground. |
(2)
Additional regulations.
(a)
No sign shall be permitted where the principal structure on the lot has a front setback of less than 10 feet.
(b)
Nothing shall be painted on or affixed below the required ground clearance.
(c)
No pole sign shall be located so as to create a visual obstruction from or within a public right-of-way.
(d)
Pole signs shall be located a minimum of 25 feet from an adjacent residential lot line.
(e)
The pole support for such signs shall be fully encased or skirted.
(f)
A pole sign with a single support shall have a minimum support width of 20% of the width of the sign face.
(g)
A pole sign support with a double-pole support structure shall have a minimum support width of 10% of the width of the sign face.
(h)
All pole signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.
(i)
All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced within 30 days of written notice by the CEO.
(j)
External lighting fixtures may be mounted on the sign only.
E.
Projecting sign. A sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.
 |
(1)
All projecting signs shall be in conformance with the standards or the following table.
Zoning District | MU-D, MU-GC, MU-N, MO | MLI, GI |
|---|---|---|
Max number | 1 per use | 1 per use |
Max area | 1 sf per ft of building frontage | 1 sf per ft of building frontage |
Max height | 2 ft | 3 ft |
Min ground clearance | 9 ft | 9 ft |
F.
Temporary sign. A sign which is not intended to be used for a period exceeding 30 days and is not attached to a building, structure, or ground in a permanent manner.
(1)
Dimensional requirements of temporary signs should conform with the sign type most closely aligned with the style of the temporary sign.
(2)
No more than two temporary building permits for signs shall be issued within any calendar year for any business on the premises.
(3)
Temporary signs shall not be displayed for more than 30 days in a 120-day period. This may be extended for up to two additional 30-day periods upon written request to the CEO setting forth the special circumstances requiring such extension.
G.
Wall sign. A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.
(1)
All wall signs shall be in conformance with the standards of the following table.
Zoning District | LDR, MDR, MR | MU-D, MU-GC, MU-N, MO | MLI, GI |
|---|---|---|---|
Max number | 1 per structure | 1 per facade1 | 1 per facade1 |
Max area | 4 sf | 10% of facade or 100 sf2 | 20% of facade or 100 sf2 |
Max height | 2 ft | 4 ft | 5 ft |
Min ground clearance | 5 ft | 5 ft | 5 ft |
NOTES: | |
|---|---|
(1) | All wall signs on any given facade shall be considered as one collective sign provided the cumulative area of signage does not exceed the maximum area allowable. |
(2) | Whichever measure for minimum area is less. |
(2)
Additional regulations.
(a)
Wall signs shall not extend beyond the ends of the wall surface.
(b)
Wall signs shall not project more than 12 inches from the exterior supporting wall.
(c)
Painted wall signs may be permitted with Planning Board approval.
(d)
The maximum size requirements may be exceeded with Planning Board approval.
§ 190-34.18 Digital signs
The following requirements shall apply to any sign utilizing digital technology.
A.
The use of digital sign technology shall be limited to districts where illumination is permitted and where the property has direct frontage on the following streets:
B.
The extent of sign face area utilizing digital sign technology, including any screens or other display area, shall not exceed 50% or 32 square feet, whichever is greater.
C.
Digital technology shall not be utilized in any wall sign, projecting sign, suspended sign, awning sign, or window sign.
D.
Digital signs shall display static messages with no animation, no effects simulating animation, and no video.
E.
Changes in copy, message, or graphics shall occur no more than once every 20 seconds.
F.
Each transition shall be accomplished immediately with no fade, scroll, flash, spin, revolve, or shake or include any other type of movement or motion.
G.
Digital signs shall be equipped with photosensitive equipment that is programmed to automatically adjust the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.
H.
The illuminance of a digital sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the digital sign off, and again with the digital sign displaying a white image for a full color-capable sign, or a solid message for a single-color sign. All measurements shall be taken at a height of at least five feet and a distance determined by the following calculation. All fractions shall round up to the nearest foot.
Measurement Distance = √(Area of Sign in Square Feet x 100)
I.
The difference between the digital sign measurements when off and when displaying a solid-message (using the digital sign measurement criteria) shall not exceed 0.3 footcandles, regardless of ambient lighting conditions.
J.
All digital signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.
K.
Digital signs shall be programmed or set in such a manner that the display will turn dark and emit no light in case of malfunction.
L.
No digital sign shall be located within 50 feet of a residential district or use as measured in a straight line from the location of the sign to the nearest residential property line.
§ 190-34.19 Sign design guidelines.
The following sign design guidelines are intended to provide applicants, the CEO, and the Planning Board with guidance for best practices in addressing issues related to sign compatibility, legibility, placement, and color.
A.
Compatibility.
(1)
Signs should be constructed of high quality materials that are compatible with the building form and the desired character of the area in which they are located.
(2)
Signs should be appropriately scaled for the building or site upon which they are located, so as not to dominate the facade or streetscape.
(3)
Signs on buildings that have a monolithic or plain facade should be used to create visual interest through appropriate sign design features, scale, and proportions.
(4)
Signs should be designed to include relief in the lettering or sign face to create shadows and provide depth and visual interest.
B.
Legibility.
(1)
Hard to read, intricate typefaces should be avoided.
(2)
Letters and words should not be spaced too closely together.
(3)
Large areas of blank spaces should be avoided. Generally, 50% or more blank area should be avoided for boxed sign areas or framed signs.
(4)
Strangely shaped or unnecessarily narrow signs should be avoided. If an unusual shape is not symbolic it is more likely to be confusing.
C.
Placement.
(1)
Signs should be so located to respect and compliment a building's facade, utilizing logical signage areas created by existing architectural details or ornamentation.
(2)
Signs should be placed at or near the public entrance to a building to indicate the most direct access.
(3)
Signs located on a building facade should be located in the sign board area.
D.
Color.
(1)
Signs should feature substantial contrast between the color and material of the background and text or symbols.
(2)
Sign colors should complement the materials and colors of adjacent buildings, including accent and trim colors, where applicable.
(3)
Use of color and color combinations utilized for signs should be limited. Generally, a sign should not utilize more than three colors, including accent colors.
(4)
Day-glo or fluorescent colors are prohibited.
§ 190-35.1 Purpose.
The purpose of this article is to regulate the use of outdoor lighting fixtures within the City of Lockport to achieve the following objectives:
A.
Allow for the provision of outdoor lighting as needed for visibility, security and as an accent to architectural and/or landscape features.
B.
Permit the use of outdoor lighting that does not exceed the minimum levels specified in the International Dark Sky Association and the Illuminating Engineering Society of North America recommended practices for night-time safety, utility, security, productivity, enjoyment, and commerce.
C.
Minimize adverse offsite impacts of lighting such as light trespass, and obtrusive light.
D.
Curtail light pollution, reduce skyglow and improve the nighttime environment.
E.
Help protect the natural environment from the adverse effects of night lighting from gas or electric sources.
F.
Conserve energy and resources to the greatest extent possible.
§ 190-35.2 Applicability.
A.
Uses subject to regulation. These regulations shall apply to all outdoor lighting fixtures on any property utilized for the following purposes:
§ 190-35.3 Lighting plan.
Lighting plans may be required as part of the site plan review process. Lighting plans must be prepared by a lighting professional and should include:
A.
Location of lights with specifications,
B.
Level of illumination at all property lines and five feet beyond based on all proposed and existing light fixtures.
C.
Lighting cut sheets for each proposed lighting style, including lamp types (incandescent, fluorescent, low- or high-pressure sodium, etc.) and wattage for each proposed light source.
D.
Shielding method proposed to cut-off direct light to adjacent properties.
E.
Height of pole and fixture and/or distance above grade for wall-mounted lighting fixtures.
§ 190-35.4 Lighting design.
A.
General standards.
(1)
All lighting fixtures shall be fully shielded, pointing downward, to minimize skyglow, glare, and light trespass in accordance with International Dark Sky Association standards.
(2)
Luminaries shall be so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground. Such angle may be increased to 90° if the luminary is less than three feet above ground. The cone of illumination should not extend beyond the property lines.
(3)
All lighting shall be located and designed as an integral part of the entire project of which it is a part and shall consider the architectural and landscape context of the site.
(4)
All wiring for lighting shall be installed underground, where applicable.
(5)
The use of LED bulbs is preferred.
B.
Standards by style of fixture.
(1)
Pedestrian-scale lighting shall be provided along major pedestrian paths and along the Erie Canal.
(2)
Pole-mounted fixtures shall not be mounted higher than 18 feet above grade. Such fixtures may exceed 18 feet in height where the New York State Department of Transportation or Niagara County Department of Public Works, or other such transportation authority regulations require.
(3)
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall be top mounted fixtures which project downward only onto the surface itself.
(4)
Canopy lights shall be recessed within their housing so as to focus their illumination directly downward.
C.
Lighting fixture shielding and height requirements. The shielding and height of light fixtures shall be in accordance with Figure 35.1 below.
FIGURE 35.1 LIGHT FIXTURE STANDARDS  |
§ 190-35.5 Intensity of illumination.
A.
All lighting fixtures shall be shielded and directed so as not to cast an illumination of more than one foot-candle on adjacent nonresidential properties or more than 0.1 foot-candle on adjacent residential properties.
B.
A banking institution shall be permitted to have light level in excess of the limit in this subsection, but only to the extent necessary to comply with the requirements of Article II-AA of the New York State Banking Law, commonly referred to as the "ATM Safety Act."
C.
Outdoor lighting should be illuminated only when needed, such as during business hours or in areas requiring illumination for security purposes. The use of motion activated sensors or reduced lighting after hours is encouraged.
D.
Fixtures shall be no brighter than necessary to illuminate the site and/or area intended. To the extent practicable, lighting fixtures shall be designed and programmed to adjust to ambient lighting conditions (e.g., decreasing the intensity of illumination at nighttime).
E.
Bulb types should be selected to reduce blue light emissions, which may be hazardous to human health and wildlife. The use of white or amber colored lighting is preferred.
§ 190-35.6 Prohibited lighting.
The following types of lighting shall be prohibited, unless otherwise specified:
A.
Lighting with a color temperature exceeding 3,000° Kelvin.
B.
Blinking, flashing, strobe, or search lights.
C.
Exposed strip lighting used to illuminate building facades or signs.
D.
Any light that may be confused with or construed as a traffic control device.
E.
Roof-mounted lighting.
F.
Mercury vapor lighting.