No applications that include a building, structure, property, or use that is in violation of this zoning code, other laws of the City of Lockport, or New York State laws, rules, and/or regulations shall be accepted or processed, unless the applicant obtains a variance to remedy a violation of the zoning code.

Applications, which, in whole or in part, include a proposal to rectify violations on such property, may be considered in accordance with this zoning code.

Be submitted to and processed by the City's Building Department.

Require the signature of the owner(s) of the subject property. Where there are multiple land owners, a written consent agreement among all land owners must be included. Tenants may submit applications with written consent of the property owner(s).

Be provided in the required number and form, including at least 10 hard copies and one electronic copy (digital PDF). Site plan applications shall include one electronic and at least two stamped hard copies of all maps and site plans at the size and scale requested by the Building Department.

Include all application fees as established by § 190-40.9 and as may be required elsewhere in this chapter.

Within 30 days of an application being filed, the City's Building Department shall determine whether to accept the application as ready for processing or reject the application as not ready for processing.

An application is considered accepted and ready for processing only if it is submitted in the appropriate number and form, includes all required materials, and is accompanied by the required fee.

The acceptance of an application by the City shall in no way be interpreted as a determination of the completeness, adequacy, or accuracy of application materials, but rather serve as an acknowledgement to the receipt of required fee and application materials in the correct number and form.

If an application is determined to be not ready for processing, a paper or electronic written notice shall be provided to the applicant, along with an explanation of all known deficiencies that prevent review.

No further processing of unaccepted applications will occur. When the deficiencies are corrected, the application will be placed in the next available processing cycle. If the deficiencies are not corrected within 62 days, the application will be considered withdrawn.

The applicant and/or their agent is expected to attend all meetings at which the application is to be discussed.

In all cases, the burden is on the applicant to show that their application complies with the City of Lockport local laws and regulations, and any other applicable New York State laws, rules, and regulations.

Within 62 days following the close of the public hearing the reviewing body shall issue a decision to approve, approve with conditions or modifications, or deny the proposed application.

Where county referral is required, no decision shall be issued by the reviewing body until the referral process is complete.

The time period in which a decision must be rendered on the application may be extended by mutual consent of the applicant and the reviewing body.

Any such material, or part thereof, is not requisite in the consideration of impact to public health, safety, or general welfare;

Any such material is inappropriate or irrelevant to the proposal;

Any such material is deemed unnecessary for an adequate, informed review.

Site plans, in accordance with Article 42.

Special use permits, in accordance with Article 43.

Subdivisions, in accordance with Chapter 162 of the City of Lockport Code.

Variances, in accordance with Article 46.

Amendments, in accordance with Article 46.

Planned unit developments, in accordance with Article 45.

Special use permit. If obtained prior to site plan approval, the special use permit shall be conditioned upon the applicant obtaining site plan approval. In the event that a site plan application is denied, the special use permit shall be considered null and void.

Subdivision. Where a subdivision application is considered alongside a site plan application, the Planning Board shall first issue a decision on the subdivision plat. Should the subdivision application be denied, the site plan shall be considered null and void.

Variance. Where a site plan, special use permit, or subdivision application requires a variance, approval of said variance must be obtained first. Should the variance be denied, the associated site plan, special use permit, and/or subdivision application shall be amended accordingly.

Amendments. Approval(s) for any development action considered under this chapter, for which a rezoning is also requested or required, shall be conditioned on the approval of the zoning amendment application by the Common Council. Should the rezoning be denied, all other development application approvals conditioned on the rezoning shall be considered null and void.

The reviewing body may seek the opinion of any engineering, architectural, historical, planning, technical, environmental, legal consultant or attorney, or other expert or professional to aid in the review of an application.

The applicant shall reimburse the City for any costs incurred as part of such professional review in accordance with § 190-40.9.

The approved use(s) cease operation for more than 12 consecutive months for any reason;

The applicant fails to obtain necessary building permits or certificates of occupancy within one year of the approval date;

The applicant fails to comply with the conditions of approval within one year of the date of issuance or completion of construction, where applicable;

The applicant fails to initiate construction or operation of use within one year of the approval date;

The applicant fails to complete construction;

The applicant fails to renew a time limited permit prior to the stated time period ending; or

Another provision of this chapter expressly sets a term of expiration.

Written notice of public hearings to adjoining municipalities, Niagara County, and the State Commission of Transportation shall be provided where required by New York State Law.

Notice of public hearings shall be mailed to adjacent properties, which shall include the name of the applicant, nature of application, and description of the property involved, to be sent by ordinary mail by depositing same in a plain sealed envelope addressed to the last known address of all owners of affected property located within an area bounded by lines drawn parallel to and a distance of 400 feet from the property lines of the applicant, at least eight days before the hearing.

The amount of a consultant fee shall be determined and approved by the Common Council. Consultants shall estimate their fees based on the services to be rendered on behalf of the City from a review of the application, including such documents, maps, plans, specifications, drawings and the like as may be a part thereof.

The consultant will be retained pursuant to the procurement policy of the City. The applicant shall make an escrow deposit with the City, equal to the amount of the fees so determined. This escrow deposit shall be utilized to pay the cost of the special consultant's fees involved. The application shall not be deemed complete until such time as said escrow deposit has been made. If during the review the need for further specialist consultation is deemed reasonably necessary by the Board, the same cost estimate and escrow deposit procedure shall be followed.

Upon issuance of decision and within a period of 45 days thereafter, the Common Council shall adopt a resolution specifying whether the escrow deposit amount specified was sufficient, excessive, or insufficient. In the event the Common Council determines that said amount is excessive, the balance shall be returned to the applicant within 60 days. In the event the Board determines that the escrow deposit was insufficient, it shall so specify, and the applicant shall be required to make payment of such additional amount within 60 days.

For principal permitted uses. All such applications shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any building, structure, sign, parking or loading area or other physical feature existing or proposed on the lot, the existing and intended use of each building or part of a building, the number of families, housing units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate, and such other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall have been approved by the CEO; and one copy each of all applications with accompanying plans and documents shall become a part of the public record after a permit has been issued or denied.

All such applications shall be accompanied by plans as required in Subsection B(1) above and other information as may be required by the Planning Board, except that for planned unit development groups, the following shall also be furnished: A general site plan showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping and other open spaces, and architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses, and such other pertinent information as may be required to determine that the proposed arrangements and/or uses make it desirable to apply regulations and requirements differing from those ordinarily applicable under this chapter.

It shall be the duty of the CEO, or his duly authorized assistant, to issue a building permit, provided that compliance with all requirements of this chapter are met, and that review and action by any other board or agency, if any, as called for in this chapter have been complied with and all necessary approvals secured thereof.

All building permits shall be issued in duplicate, and one copy shall be kept conspicuously on the affected premises whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operation of any kind unless a building permit covering such operation has been previously issued and is being displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.

It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, changed, converted, or enlarged, wholly or partly in its use or structure, unless a certificate of occupancy shall have been issued by the CEO.

Said permit shall be issued in duplicate within 10 days after notification by the owner or duly authorized agent that all requirements have been met and upon sworn application by the owner or duly authorized agent of same and after actual inspection of the premises by the CEO or the duly authorized assistant and upon finding that the facts are as represented.

The occupancy permit will certify that the premises comply with the provisions of this chapter and with the provisions of the Building Code and may be used for the purposes set forth in the permit. No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter.

Any person desiring to change the use of said premises shall apply to the CEO for an occupancy permit setting forth under oath such facts as the CEO may require.

A copy of the occupancy permit shall be kept at all times upon the premises affected and shall be displayed upon request by any building inspector, City fireman, or police officer.

A record shall be kept of all occupancy permits issued, and original applications shall be kept on file in the same manner as prescribed for building permits.

No owner, tenant or other person shall occupy or use any building or structure thereafter erected or altered the use of which shall be changed after the passage of this chapter, without first procuring an occupancy permit, provided that an occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.

Under such rules and regulations as may be established by the CEO, a temporary certificate of occupancy may be issued for a part of the building.

Upon written request from the owner, the CEO shall issue a certificate of occupancy for any existing use legally existing at the time of the effective date of this chapter and a certificate of nonconformance for any uses not legally existing at the time of the effective date of this chapter.

The CEO shall certify, after inspection, the extent and kind of use made of the building or premises at the time of inspection and shall charge a fee in accordance with the City of Lockport Fee Schedule.

Provide guidance on the review and approval process and generally determine the information necessary for formal site plan review.

Advise the applicant as to potential problems and concerns with the proposal.

Discuss plans for the applicant's entire holdings, including phasing, and define the project and phases to be submitted for site plan review.

Review of sketch plans may occur at any regularly scheduled Planning Board meeting.

In no way shall any comments or feedback provided by the City during sketch plan review be construed as an indication of approval by the review body or be legally binding in any way.

A map showing the applicant's entire holdings, the parcel under consideration and a general description of all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 100 feet of the boundaries of the parcel, including property uses.

Photographs of the site and any existing buildings thereon.

All locations and dimensions of existing and proposed principal and accessory structures, roadways, points of ingress and egress, parking areas, signs, and other development features on the property.

A description and approximate location of natural and environmentally sensitive features, including trees, vegetation, and wetlands.

Proposed water supply and sewage and waste disposal facilities.

The categories of uses to be permitted.

The overall maximum density of residential uses and intensity of nonresidential uses.

The general location of vehicular and pedestrian circulation systems.

The general location and extent of public and private open space.

The general location and extent of utility systems.

The general location of residential and nonresidential structures.

Application form, including the name, address, and signature of the applicant, property owner, and developer.

Description or narrative of all proposed uses and structures.

A site plan showing the following, as applicable:

Exterior building elevations (existing and proposed) for all sides showing the location and size of all windows, doors, trim, architectural details and indicating the type of all materials to be used.

Identification of any state or county permits required for the project and record of application for and approval status of such permits.

All New York State SEQR documentation as required by law.

All required minor site plan application materials.

A site plan showing the following:

Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.

Plans to prevent the pollution of surface or ground water, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

A schedule for completion of each construction phase, where applicable.

The reviewing body may require an applicant submit additional materials (e.g., a certified land survey, soil logs, test well, percolation test results, stormwater runoff calculations, natural resource inventory, tree survey, and a traffic study), if the reviewing body determines, in its sole discretion, that review of said materials is necessary to conduct a thorough and complete review.

A business plan, vision, or model, and/or summary of products, goods, and services to be sold or provided;

The proposed hours of operation;

The number of employees at maximum shift;

The maximum seat capacity;

The timing and manner of any and all anticipated deliveries;

A recycling and waste management plan; and

The nature and type of all mechanical equipment provided and/or required.

Will be generally consistent with the goals of the City Comprehensive Plan, Local Waterfront Revitalization Program, and other adopted plans and studies;

Will meet all relevant goals, standards, guidelines, and requirements set forth in this zoning code, including any applicable additional use regulations of Article 24;

Will be an economically viable use of the property and/or will not cause there to be any significant decrease in the future economic viability of the property;

Will be compatible with existing uses adjacent to and near the property;

Will provide adequate measures (such as landscaping and screening) to mitigate potential adverse impacts on surrounding property and preserve or enhance the traditional character of the City;

Will not have an undue burden or effect on the orderly development and character of the neighborhood or upon the development and conduct of other lawful uses in the vicinity;

Will not be a nuisance to adjacent residents and property in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, traffic, crowds, parking of automobiles, unsightliness, contamination or other similar conditions;

Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;

Will not destroy or adversely impact significant historic and/or cultural resource sites; and

Will not otherwise be detrimental to the convenience and general health, safety, or welfare of the public.

Special uses shall be required to reapply for special use permit approval at least 30 days prior to the initial permit's expiration date.

Renewal shall be processed through the payment of a fee established by a fee schedule, set by resolution of the Common Council per § 190-40.9A.

Should the applicant seek modifications to the initially granted special use permit, renewal applications shall be submitted, processed, reviewed, and decided upon in accordance with the provisions of this article.

In granting a special use permit renewal, the Planning Board may remove or modify the conditions of the initial permit, as deemed necessary or appropriate.

The petitioner has failed to comply with one or more of the conditions of the prior approval;

Substantial new issues regarding the permit conditions during the operation of the use have arisen;

The general requirements of this chapter have not been met; or

There are changes in the area or neighborhood that would be incompatible with the special use.

Preserve historic resources and protect environmentally sensitive areas and natural features, including the Erie Canal;

Preserve aesthetic community features and important viewsheds;

Ensure new construction and development is compatible in design, scale, and use with the City and surrounding area.

Foster the creative integration of land uses, and to encourage imaginative design and combinations of development.

Foster the efficient use of land and the efficient use of public utilities and streets.

The property under consideration is at least one acre in contiguous land area.

The project proposes an overall density and/or intensity of use which would not be permitted or required by the underlying zoning while also preserving more open land or providing more amenities to the community.

The project proposes a use that is compatible with the surrounding context but is otherwise not permitted by the underlying zoning. In determining compatibility, the reviewing board will consider traffic generation, noise, truck traffic, scale, density, intensity of use, impact to historic resources, viewsheds, aesthetics, and impacts on existing infrastructure.

For projects deemed eligible, the reviewing board may waive City zoning regulations that would ordinarily apply to a property where the applicant demonstrates relief from said regulations is necessary to meet the purposes described herein.

It is not the intent of this article to arbitrarily dispense with underlying zoning regulations, but rather to grant the minimum relief necessary to achieve the objectives of this article.

The zoning classification and present use of the subject property.

A written statement generally describing the proposed PUD, the categories of uses to be permitted; its relationship to the Comprehensive Plan; and how the proposed PUD is to be designed, arranged and operated. Supporting documentation evidencing the applicant's particular mix of land uses will meet existing community demands, including but not limited to specific studies or reports identifying demand for land uses in the City, shall be provided in support of the written statement.

A tabulation of the following information:

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or commitment for title insurance.

A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.

Evidence of the financing plan the applicant proposes to use to complete the proposed PUD. Evidence of the applicant's prior completion of projects of similar scope may be offered in satisfaction of this requirement.

All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.

The overall water and sanitary sewer system with proposed points of attachment to existing systems, and the proposed stormwater drainage system and its relation to existing systems.

Description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and others, according to the proposals.

If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and number of units or activities completed per phase.

A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.

If any stage or unit is proposed to contain a proportion of open space or other public or private recreation or service facilities less than its proportion of dwelling units, a statement of what bond, credit, escrow or other assurance is proposed to ensure the development or provision of such open space or other facility.

The legal description of the subject property.

The final site plan at a scale of one inch equals 50 feet. Where more than one sheet is required to show the entire development, a key map shall be provided.

The lines of existing and proposed streets and sidewalks immediately adjoining and within the PUD.

The names of existing and proposed streets.

Typical cross sections of proposed streets and sidewalks.

Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.

Layouts of proposed lots, including lot numbers and proposed numbering system for buildings.

The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains, and pipes on the property or into which any connection is proposed.

Provisions for water supply and sewage disposal and evidence that such provisions have received approval of the Department of Health.

Locations of survey monuments.

A complete grading and drainage plan showing all existing and proposed contours and elevations and the complete storm drainage plan.

A planting plan indicating locations, varieties, and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized but should be generally described.

Brief specifications, or reference to City standards, for any public facilities to be constructed or installed within the PUD.

The PUD is consistent with the City of Lockport Comprehensive Plan.

The PUD is compatible with existing development in the surrounding area and does not unduly burden existing City infrastructure or services.

The developer has sufficient financing and capabilities to complete the project as presented.

The PUD provides all necessary water and sewer facilities, storm drainage, highway access, paved surface streets, parking and loading facilities, and lighting and the developer has made reasonable provisions for utility service connections with adjoining properties and other ownerships.

All electric, telephone, cable television and similar equipment will be installed in accordance with New York State Public Service Commission standards.

The right-of-way and pavement width for internal roads serving all development are adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs of the development; the pavement meets all applicable City standards.

There is adequate access for firefighting equipment, police, and other emergency vehicles.

The gross residential density of the development will not result in a substantial undesirable alteration to the character of the neighborhood and to properties adjacent to the development.

The development complies with the development standards as set forth in Part 3 of this chapter, as applicable. The reviewing body may waive any development standards set forth therein upon a demonstration by the applicant that waiver of any development standards are justified in accordance with the criteria set forth in § 190-31.2E of this chapter.

Pursuant to New York State General City Law and the City of Lockport Code and all applicable provisions of this chapter, this chapter may be amended, supplemented, and repealed.

Amendments to the text or map of this zoning code may be initiated by the City of Lockport Common Council or as otherwise provided by New York State Law.

The Planning Board may serve in an advisory role to the review of proposed amendments and issue a recommendation of decision to the Common Council.

The Common Council shall review and issue the final decision on all proposed amendments.

The Common Council may, from time to time, by local law or ordinance, and after holding a public hearing, alter, amend, or repeal this zoning law in accordance with the provisions set forth in General City Law Section 83.

If the Common Council approves the amendment, supplement, change or modification to the zoning code or zoning map, as applicable, shall be amended after publication and filing with the City Clerk and Secretary of State as required by New York State Law.

Whether the proposed amendment corrects an error or inconsistency in the zoning code or meets the challenge of a changing condition;

Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the municipality;

Whether the proposed amendment is in the best interests of the municipality as a whole;

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by any requested rezoning;

Whether any re-zoning will substantially harm the public health, safety or general welfare or the value of nearby properties;

Whether any re-zoning is compatible with the zoning and use of adjacent property;

Whether the property in question is suitable for the uses and development to which it has been restricted under the existing zoning regulations; and

Whether the gain, if any, to the public health, safety and general welfare due to denial of the application outweighs that of the hardship imposed upon the landowner, if any, as a result of denial of the application.

Waive, modify or otherwise vary any of the review and approval procedures of this article; or

Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized review board or commission.

Variance applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.

Every variance application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed.

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; and

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; and

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

That the alleged hardship has not been self-created.

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

Whether the requested area variance is substantial in relation to the requirement;

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the board of appeals but shall not necessarily preclude the granting of the area variance.