Bulk and coverage controls shall be as set forth
in Schedule II, Zoning Schedule of Bulk and Coverage Controls, included
at the end of this chapter.
A single-family structure may be constructed
on any lot in any R District if said lot is less than the minimum
area required for building lots in the R District in which it is located,
provided that the following conditions exist or are met:
A.
Availability of adjacent vacant land. No structure
shall be erected on any nonconforming lot if the owner of said lot
owns any adjoining vacant land which would create a conforming lot
if said vacant land were combined with the lot deficient in area.
The minimum lot width of any lot shall be measured
along the minimum building setback line as required for the district
in which, it is located.
At all street intersections, no obstruction
to vision (other than an existing building, post, column or tree)
exceeding 30 inches in height above the established grade of the street
at the property line shall be erected or maintained on any lot within
the triangle formed by the street lot lines of such lot and a line
drawn between the points along such street lot lines 30 feet distant
from their points of intersection.
Where a single lot under individual ownership
extends from one street to another parallel or nearly parallel street
or alley, the widest street shall be deemed the street upon which
the property fronts, and no principal structure and no dwelling shall
be erected on the rear of such lot, except where such lot may be subdivided
to create not less than two conforming lots. Where a single lot extends
between two streets of equal width, either street may be deemed as
that upon which the property fronts, but only one street shall be
so deemed.
The area of dimension of any lot, yard, parking
area or other space shall not be reduced to less than the minimum
space required by this chapter, except as provided in this chapter;
and, if already less than the minimum required by this chapter, said
area or dimension may be continued but shall not be further reduced.
No lot shall be graded in such a manner that
surface water will be cast upon adjoining property.
A.
General application. No building or structure shall
have a greater number of stories, nor have an aggregate height of
a greater number of feet than is permitted in the district in which
such building or structure is located, except as noted elsewhere in
this chapter.
B.
Permitted exceptions to height regulations.
(1)
Chimneys, cooling towers, elevators, bulkheads, fire
towers, gas tanks, grain elevators, solariums, steeples, penthouses,
stage towers or scenery lofts, tanks, water towers, ornamental towers,
or spires, communications, radio or television towers or necessary
mechanical appurtenances, may be erected as to their height in accordance
with existing or hereafter adopted ordinances of the City, provided
that no tower other than a church spire or tower of a public building
shall exceed the height regulations by more than 25%. No tower shall
be used as a place of habitation or for tenant purposes. No sign,
nameplate, display or advertising device of any kind whatsoever shall
be inscribed upon or attached to any chimney, tower, tank or other
structure which extends above the height limitations.
(2)
In any residential district, any main building may
be erected to a height in excess of that specified for the district,
provided that each front, side and rear yard is increased one foot
for each one foot of such additional height.
(3)
In a B-2 Central Business District only, a multifamily
structure or main building may be erected to a height of up to 12
stories or not to exceed 120 feet from the grade of the street. In
such case, a building permit shall not be issued by the Building Inspector
except upon application therefor, which application requires Planning
Board review and approval as outlined in other sections of this chapter.
C.
Antennas, satellite. No satellite-receiving television
antenna shall be erected or constructed, except in conformance with
the following regulations:
[Added 3-18-1987]
(1)
SATELLITE-TELEVISION-RECEIVING ANTENNA
USABLE SATELLITE COMMUNICATION SIGNALS
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
An apparatus capable of receiving communication signals from
orbiting satellites.
Signals which, when viewed on a conventional television set,
are at least equal in picture quality to that received from local
commercial television or by way of cable television.
(2)
Antenna location.
(a)
In any industrial zone, such antenna may be
located on the lot or building thereon.
(b)
In any business or residential zone, subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located in the side yard or on the structure on the property, subject to the approval of the Planning Board in accordance with Subsection C(2)(c). In such instances, the applicant must provide written evidence from a satellite-receiving station installer, showing that a usable satellite signal is not obtainable from any other rear lot location on the property.
(c)
In requesting permission of the Planning Board
to locate an antenna in an area other than the rear yard, an applicant
shall make a written request to the Planning Board for permission
to do so. Upon receipt of such application, the Planning Board shall
hold a public hearing for the purposes of giving the applicant and
other interested parties an opportunity to be heard. The Planning
Board shall cause one public notice, setting forth the time, place
and purpose of the hearing, the name of the applicant, the nature
of the application and the description of the property involved, to
be published once in the official newspaper of the City at least five
days before such hearing. A copy of such notice shall be sent by ordinary
mail by depositing the same in a plain sealed envelope addressed to
the last known address of all owners abutting the property which is
the subject of the application, such notice to be postmarked at least
eight days before the hearing. The most recent assessment roll of
the City of Lockport shall be used to determine the identity of the
owners of such property. The affidavit of publication and the affidavit(s)
of mailing shall be deemed legal notification to all interested parties
and shall be filed with the records of each public hearing held by
the Planning Board.
(3)
Restrictions.
(a)
In a business or residential zone, such antenna
shall not exceed existing height, regulations by 25% or more than
15 feet above the existing peak of the structure, including any platform
or structure on which said antenna is mounted or affixed. Such antenna
may not exceed 12 feet in diameter.
(b)
In all zones, satellite television receiving
antennas shall be located and designed to reduce visual impact from
surrounding properties at street level and from public streets.
(c)
All antennas and the construction and installation
thereof shall conform to applicable New York State Building and Electrical
Code regulations and requirements.
(d)
Antennas shall meet all manufacturer's specifications,
be of noncombustible and corrosive-resistant materials and be erected
in a secure, wind-resistant manner, conforming to New York State Building
Codes and approved by local authorities having jurisdiction.
(e)
Every antenna must be adequately grounded for
protection against a direct strike of lightning.
Every part of a required yard must be open to
the sky, unobstructed except for accessory buildings in a rear or
side yard, and except for the ordinary projection of open porches,
balconies, steps, sills, belt courses, cornices and for ornamental
features projecting not to exceed four inches.
The side yard of any corner lot of record at
the time of the adoption of this chapter shall have a width equal
to not less than 1/2 the required minimum front yard setback of any
adjoining lot fronting on the side street. Any corner lot delineated
by subdivision after the adoption of this chapter shall have a side
yard equal in width to the minimum front yard setback of any adjoining
lot fronting on the side street.
When a vacant lot is situated between two improved
lots, each having a principal building within 25 feet of any side
lot line of such unimproved lot, the front yard may be reduced to
a depth equal to the greater of the depths of the front yards of the
two adjoining improved lots, but shall not be less than 10 feet. However,
where such lot may front on a right-of-way proposed on the Official
Map of the City to be widened, the front yard shall be as required
for the district in which the lot is located and shall be measured
from the proposed future right-of-way.
Open or lattice fire escapes, required by law,
projecting into a yard not more than five feet, and the ordinary projection
of chimneys and pilasters, shall be permitted when placed not to obstruct
light and ventilation.
Where a residence district abuts a nonresidence
district on a street line, there shall be provided in the nonresidence
district for a distance of 50 feet from the district boundary line
a front yard at least equal in depth to that required in the residence
district, except in the B-2 District. Where the side or rear yard
in a residence district abuts a side or rear yard in a nonresidence
district, there shall be provided along such abutting line or lines
a side or rear yard at least equal in depth to that required in the
residence district. In no case, however, shall the abutting side yard
be less than 10 feet and the abutting rear yard be less than 20 feet,
except in the B-2 District.
No fence, hedge or hazardous obstruction to
vision shall be higher than 36 inches above the natural grade of the
land, from the wall of the structure that faces a street to the curbline
of the street.
A.
Land coverage by principal and accessory buildings
or structures on each zone lot shall not be greater than is permitted
in the district where such principal and accessory buildings are located.
B.
Number of buildings. There shall be not more than
one principal dwelling structure, nor more than two accessory structures,
of which no more than one shall be a private garage, on each lot intended
or used for residential purposes, except that planned unit developments
shall not be subject to the provisions of this section.
C.
Building size. A single-family dwelling shall have
no less than 1,000 square feet of floor area for a one-story dwelling
and 1,200 square feet for a two-story dwelling, exclusive of an attached
garage in a residential district.
A.
Stripping of topsoil. No person, firm or corporation
shall strip, excavate or otherwise remove topsoil for sale, or for
use other than on the premises from which the same shall be taken,
except in connection with the construction or alteration of a building
on such premises and excavation or grading incidental thereto.
B.
Outdoor storage areas. Such uses shall not be located
within 200 feet from the nearest R District, and the operation thereof
shall be governed by the following provisions and any other conditions
as may be required by the Planning Board to protect the public health,
safety, comfort, convenience and general welfare, and especially with
regard to abutting properties and the occupants thereof.
(1)
Flammable and explosive liquids. No highly flammable
or explosive liquids, solids or gases shall be stored in bulk aboveground.
Tanks or drums of fuel directly connecting with heating devices or
appliances located on the same premises as the tanks or drums of fuel
are excluded from this provision.
(2)
Fencing and setbacks. All outdoor storage facilities
shall be enclosed by a fence or wall adequate to conceal such facilities
and the contents thereof from adjacent property. Such walls and fences
shall be distant not less than 10 feet from any property line, and
shall be distant not less than 25 feet from any public street.
(3)
Deposit of wastes. No waste materials or substances
shall be deposited on any premises in or adjacent to the City of Lockport.
No dump sites or any type of industrial or commercial waste are allowed.
(4)
Other hazardous materials. All materials or wastes
which might cause fumes or dust or which constitute a fire hazard
or which may be edible by or otherwise be attractive to rodents or
insects shall be stored outdoors only in closed containers.
(5)
All outdoor dumpsters shall be enclosed by a fence
or wall adequate to conceal such facilities and the contents thereof
from adjacent property.
[Added 3-15-1995]
A.
The parking of motor vehicles, boats, trailers, motorcycles, mopeds or similar vehicles on any part of a front or side yard abutting a highway, street or lane, other than a paved driveway (See further restriction in Subsection C below.), in a residential area or restricted location is prohibited. A vehicle in violation of this section 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, in addition to the fine imposed in § 183-4.
[Amended 3-15-1995; 4-23-2014]
B.
All vehicles are prohibited from parking in City rights-of-way,
on or across sidewalks and front yards.
C.
Paving the area which fronts the front line of a building
in a residential area or restricted location is prohibited.
[Added 3-15-1995]
D.
Prior
legal nonconforming impervious surfaces such as blacktop, concrete,
or brick may be repaired, resurfaced or replaced with the same or
similar impervious material such as concrete, blacktop or brick subject
to the approval of the Chief Building Inspector. The dimensions of
the prior legal nonconforming impervious use shall not be changed.
[Added 9-1-2010]
A.
Unattached accessory structures in R Districts. Accessory
structures, which are not attached to a principal structure, may be
erected in accordance with the following requirements:
(1)
An accessory building not exceeding 16 feet in height
may occupy not more than 30% of a required rear yard.
[Amended 3-15-1995]
(2)
No accessory structure shall be located within five
feet of side or rear lot lines.
(3)
No accessory structure shall be located closer to
the street than the front yard setback required for a principal structure
in the district in which such accessory structure may be located.
(4)
For corner lots, the setback from the side street
shall be the same for accessory buildings as for principal buildings.
B.
Attached accessory structures in R Districts. When
an accessory structure is attached to the principal building, it shall
comply in all respects with the yard requirements of this chapter
applicable to the principal building.
C.
Accessory structures in other than R Districts. Accessory
structures shall comply with front and side yard requirements for
the principal structure to which they are accessory and shall be not
closer to any rear property line than 10 feet, except in the B-2 District.
[Amended 5-4-1988]
A.
Intent. It is the purpose and intent of this section
to:
(1)
Establish minimum standards and criteria for the landscaping
of all multifamily residences and all nonresidential developments,
to dissuade the unnecessary clearing and disturbing of land so as
to preserve the natural and existing growth of flora and to replace
removed flora or plant new flora indigenous to the Western New York
region.
(2)
Reduce the effects of wind and air turbulence, heat
and noise and the glare of automobile lights.
(3)
Provide unpaved areas for the absorption of surface
waters.
(4)
Reduce the level of carbon dioxide and return pure
oxygen to the atmosphere.
(5)
Prevent soil erosion.
(6)
Provide shade.
(7)
Conserve and stabilize property values and to otherwise
facilitate the creation of a convenient, attractive and harmonious
community.
(8)
Relieve the blighted appearance of parking areas.
B.
General provisions.
(1)
Developments of attached dwelling units in R-3 Residential
Districts and all nonresidential developments shall meet the requirements
of this section. A landscape plan shall be submitted and approved
as a part of this review procedure.
(2)
The landscape plan shall be drawn to scale, including
dimensions and distances, and shall clearly delineate existing and
proposed structures, uses, parking areas, access aisles, drainage
patterns and the location, size and description of all landscape materials
existing and proposed, including all trees and shrubs, including those
existing plant materials that are to be removed and such other information
as may be required by the Chief Building Inspector.
C.
Standards and criteria.
(1)
A minimum ground area of not less than 12% of the
total lot area shall be landscaped and shall be the landscaped area
required.
(2)
The arrangement and location of a landscaped area
shall be dispersed through the development site so as to prevent unsightliness
and monotony of parked cars.
(3)
Not less than 5% of the interior of a parking area
designed for 10 or more cars shall be devoted to the required landscape
area. As to parking areas designed for 25 cars or fewer, where the
configuration of the development site permits, yard area at least
five feet wide in excess of the minimum required for parking area
in the district shall be credited to the interior landscaping requirement.
|
Parking Area
(spaces)
|
Minimum Interior Greenspace
(percent)
|
|---|---|
|
1 to 10
|
0
|
|
10 to 25
|
5*
|
|
26 or more
|
5
|
|
* NOTE: where the configuration of the site
will permit additional greenspace at least five feet wide, in addition
to the required yard along the perimeter of a parking area, this additional
area shall be considered as greenspace.
|
(4)
Landscaping shall provide privacy and screening for
adjacent land uses with visual, noise and air quality factors considered.
(5)
Landscape treatments shall be designed as an integral
part of the entire development.
(6)
Vegetation shall be compatible with soil conditions
on the development site and the regional climate.
(7)
Existing natural features and vegetation shall be
preserved and incorporated in the landscaped area wherever possible.
(8)
The primary emphasis of the landscape treatment shall
be on the trees and efforts shall be made to preserve trees. Shrubbery,
hedges, grass and other vegetation may be used to compliment the use
of trees but shall not be the sole contribution to the landscape treatment.
(9)
The interior dimensions of any area or median shall
protect the plant materials planted therein and ensure proper growth.
(10)
All deciduous trees planted shall have a minimum
caliper of 2 1/2 inches, measured six inches above the ground.
All conifer trees shall have a minimum height of five feet above finished
grade.
(11)
Plastic or other types of artificial plantings
or vegetation shall not be permitted.
(12)
Maintenance and enforcement. All landscaped
areas required and/or permitted by this section shall be maintained
and preserved according to the plan as originally approved. Flora
which dies shall be replaced within the next planting season by plantings
of a similar nature.
A.
Purpose. The purpose of cluster development regulations
is to encourage flexibility in the design and development of residential
land to make specific provision for public open space, public parks,
public school sites and other necessary functions of a public nature.
B.
Approval. Cluster development shall be subject to
the approval of the Planning Board.
C.
Regulations governing cluster development.
(1)
Permitted districts. Cluster development shall only
be permitted within the R-1, R-2 and R-3 Residential Districts.
(2)
Minimum development area. Cluster development shall
apply to a major subdivision of not less than 10 acres in an area.
(3)
Minimum lot area. The required minimum lot area may
be reduced by not more than 20% if 20% of the total area is usable
land within the subdivision, is deeded to and accepted by the City
of Lockport for public purposes.
(4)
Maximum density. The maximum density for the entire
subdivision shall be not more than the maximum density permitted in
the residential district in which the subdivision lies.
(5)
Minimum lot frontage. The minimum frontage per individual
lot may be reduced by not more than 10%.
(6)
Minimum lot depth. The minimum depth per individual
lot may be reduced by not more than 10%.
In all districts, no permanent structures shall
be permitted within 50 feet of any stream or existing natural drainage
channel.
A.
Purpose. The purpose of planned unit development regulations
is to encourage flexibility in the design and development of land
in order to promote its most appropriate use; to facilitate the adequate
and economical provision of streets, utilities and public spaces;
and to preserve the natural and scenic qualities of open areas. The
procedure is intended to allow deviation from the strict adherence
of this chapter and to permit diversification in the location of structures
and improve circulation facilities and other site qualities while
ensuring adequate standards relating to public health, safety and
welfare and convenience both in the use and occupancy of buildings
and facilities in planned groups.
C.
Regulations governing planned unit developments.
(1)
Minimum area. A planned unit development shall include
no less than five acres of contiguous land unless the Planning Board
finds that a tract containing less than five acres, but at least one
acre, is suitable as a planned unit development by virtue of its unique
historical character, topography or landscaping features.
(2)
Open space. A minimum of 25% of planned development
group site area shall be developed as public open space, including
walkways, plazas, landscaped areas, pools and fountains. Parking areas
and vehicle access facilities shall not be considered in calculating
public open space.
(3)
Residential density. Planned unit developments shall
have densities no greater than those permitted in the respective residential
district in which they are developed.
(4)
Land use. Proposed land uses shall not adversely affect
surrounding development, and shall be in accordance with the objectives
and principles of the Comprehensive Plan of the City.
D.
Standards for reviewing planned unit developments.
The Planning Board shall approve the planned unit development only
if it finds that the planned unit development satisfies all of the
following standards:
(1)
General standards.
(b)
The planned unit development group plan shall
be consistent with the Lockport Comprehensive Plan.
(c)
The planned unit development shall provide for
an effective and unified treatment of the development possibilities
on the project site, making appropriate provision for the preservation
of scenic features and amenities of the site and the surrounding areas.
(d)
The planned unit development shall be planned
and developed to harmonize with any existing or proposed development
in the area surrounding the project site.
(2)
Design standards.
(a)
All buildings in the layout and design shall
be an integral part of the development and have convenient access
to and from adjacent uses and blocks.
(b)
Individual buildings shall be related to each
other in design, masses, materials, placement and connections to provide
a visually and physically integrated development.
(c)
Treatment of the sides and rear of all buildings
within the planned development group shall be comparable in amenity
and appearance to the treatment given to the street frontages of these
same buildings.
(d)
The design of buildings and parking facilities
shall take advantage of the topography of the project site, where
appropriate, to provide separate levels of access.
(e)
All building walls shall be so oriented as to
ensure adequate light and air exposures to the rooms within.
(f)
All buildings shall be arranged as to avoid
undue exposure to concentrated loading or parking facilities wherever
possible and shall be so oriented as to preserve visual and audible
privacy between adjacent buildings.
(g)
All buildings shall be arranged as to be accessible
to emergency vehicles.
(3)
Landscape design standards.
(a)
Landscape treatment for plazas, roads, paths,
service and parking areas shall be designed as an integral part of
a coordinated landscape design for the entire project area.
(b)
Primary landscape treatment shall consist of
shrubs, ground cover and street trees, and shall combine with appropriate
walks and street surfaces to provide an attractive development pattern.
Landscape materials selected should be appropriate to the growing
conditions of the City's environment.
(c)
Whenever appropriate, existing trees shall be
conserved and integrated into the landscape design plan.
(d)
All streets bordering the project area shall
be planted at appropriate intervals with street trees.
(4)
Circulation system design standards.
(a)
There shall be an adequate, safe and convenient
arrangement of pedestrian circulation facilities, roadways, driveways,
off-street parking and loading space.
(b)
Roads, pedestrian walks and open space shall
be designed as integral parts of an overall site design. They shall
be properly related to existing and proposed buildings and appropriately
landscaped.
(c)
There shall be an adequate amount, in a suitable
location, of pedestrian walks, malls and landscaped spaces to prevent
pedestrian use of vehicular ways and parking spaces, and to separate
pedestrian walks, malls and public transportation loading places from
general vehicular circulation facilities.
(d)
Buildings and vehicular circulation open spaces
shall be arranged so that pedestrians moving between buildings are
not unnecessarily exposed to vehicular traffic.
(e)
Landscaped, paved and comfortably graded pedestrian
walks shall be provided along the lines of the most intense use, particularly
from building entrances to streets, parking areas and adjacent buildings.
(f)
The location and design of pedestrian walks
should emphasize desirable views of new and existing development in
the area.
(g)
The maximum separation of private automobiles
and service vehicles shall be provided through the use of separate
service lanes.
(h)
Materials and design of paving, lighting fixtures,
retaining walls, fences, curbs, benches, etc., shall be of good appearance,
easily maintained and indicative of their function.
(5)
Parking and loading design standards.
(a)
Parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate unsightliness
and monotony of parked cars.
(b)
Pedestrian connections between parking areas
and buildings shall be via special pedestrian walkways and/or elevators.
(c)
Parking facilities shall be designed with careful
regard to orderly arrangement, topography landscaping, ease of access,
and shall be developed as an integral part of an overall site design.
(d)
Any above-grade loading facility should be screened
from public view to the extent necessary to eliminate unsightliness.
