A.
An overlay district known as the "Commercial Corridor
Overlay District" (CCO) is hereby established. The Town Board finds
that to protect the health, safety and general welfare of the Town
of Lockport and its citizens, there is a need to address the special
aesthetic, land development, traffic, density, design, and other conditions
associated with the major commercial corridors in the Town of Lockport.
B.
The purposes of the CCO District, in combination with
underlying district regulations, are as follows:
(1)
Provide for high-quality, well-planned, and well-maintained
corridors;
(2)
Enhance the aesthetic and visual character of the
corridors;
(3)
Establish a pleasing atmosphere with landscaping,
buffering and coordinated development patterns;
(4)
Encourage innovative and quality architecture, landscaping,
and site design;
(5)
Reduce the visual distractions along the corridors;
(6)
Promote safe and efficient traffic and pedestrian
conditions;
(7)
Maintain the long-term mobility and function of the
arterial roadways;
(8)
Protect investment in public infrastructure;
(9)
Provide clear and consistent standards for the development
of land on or adjacent to the corridors;
(10)
Provide an attractive, marketable, and sustainable
commercial district;
(11)
Attract and retaining quality commercial investment
along the corridor;
(12)
Protect the tax base and property values;
(13)
Minimize land use conflicts;
(14)
Protect adjacent uses from adverse impacts;
(15)
Protect community character, and thereby promote
a high quality of life for residents of the Town of Lockport;
(16)
Coordinate development in a manner compatible
with the public welfare of the Town of Lockport.
A.
The Commercial Corridor Overlay District shall include
all land fronting on Route 78 (Transit Road) south of the City of
Lockport, and Route 93 (Dysinger and Robinson Roads) between Old Beattie
Road and the Lockport Bypass, and all lands to a depth of 500 feet
from the edge of the right-of-way of said roads.
[Amended 5-5-2010 by L.L. No. 2-2010]
B.
The regulations of this article shall overlay all
other zoning districts and other requirements regulating the development
of land so that any parcel of land lying within the overlay district
shall also lie within at least one other underlying zoning district.
C.
These provisions and regulations of the Commercial
Corridor Overlay District are in addition to all other provisions
and regulations of the zoning code which apply to the underlying zoning
as determined on the official Zoning Map of the Town. All property
within this overlay district will have the requirements of both the
underlying and this overlay zoning district in addition to other requirements
regulating the use of land whenever the provisions of the overlay
district apply. This overlay district shall be superimposed over existing
zones. Each use must conform to the development standards required
by the underlying zoning district as well as this overlay district,
and the more stringent standard shall control.
A.
Commercial Corridor Overlay District site development
standards shall be incorporated into any project plans submitted to
the Town Planning Board for site plan review. The Planning Board shall
review all Commercial Corridor Overlay District development standards
incorporated in such project plans to insure compliance with the requirements,
intent and spirit of the district.
B.
Site plan and architectural review by the Planning
Board shall be required for all proposed uses and use changes. As
part of its site plan submitted for Planning Board review, the applicant
shall submit a design plan which addresses each criteria set forth
in Appendix B entitled "Commercial Corridor Overlay District Design
Guidelines."[1] The design plan shall justify deviation from the guideline
criteria. The Planning Board may, prior to site plan approval, require
revision of the design plan. The design plan shall, at a minimum,
comply with the provisions of this chapter; however, the guidelines
set forth in Appendix B of this chapter are not provisions of this
chapter requiring compliance. The Planning Board shall condition site
plan approval on conformance with the design plan, which shall be
incorporated in the approved site plan.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
C.
Whenever the Planning Board shall determine, pursuant
to evidence and documentation submitted by the developer, that extreme
difficulties are encountered which prohibit strict conformance to
said section below entitled "Site development standards," the Planning
Board may, in its discretion, but shall not be required to, vary the
provisions set forth in said section below entitled "Site development
standards," provided that the applicant shall, to the maximum extent
practicable, mitigate against any failure to comply with the site
development standards established by this article. The provisions
of this section shall not be mandatory on the Planning Board, and
if the Planning Board shall not allow such deviation, the sole remedy
of the applicant shall be pursuit of a Variance by the Zoning Board
of Appeals.
The following site development standards shall
apply to the Commercial Corridor Overlay District (all setbacks, depths
and widths are measured from lot lines or the road right-of-way boundary):
A.
Lot area. The minimum lot area within the Commercial
Corridor Overlay District shall be 40,000 square feet, except corner
lots, which shall be 50,000 square feet.
B.
Lot coverage. The maximum coverage by buildings, accessory
structures, outside storage areas, surface parking, driveways, loading
areas, and other impervious surface areas shall be 75% of the lot
area.
C.
Open space coverage. Landscape areas and walkways
shall occupy a minimum of 25% of the lot. Not less than 75% of the
landscaped areas, and pedestrian walkways shall be located in areas
fronting adjacent streets or adjacent areas zoned for residential
use. Such areas shall be located to best meet the intent of the CCO.
D.
Lot width. The minimum lot width shall be 200 feet,
except that corner lots shall have a minimum width of 250 feet. Lot
widths may be reduced by the Planning Board, if permanent shared-access
easements are duly recorded, and the Planning Board finds that access
separation of widths in this section are met.
E.
Lot depth. The minimum lot depth shall be 200 feet,
with the exception of corner lots which shall have a minimum depth
of 250 feet.
F.
Building setbacks.
(1)
Front setback: 75 feet.
(2)
Side setback: 25 feet except when a nonresidential
district abuts a residential district, then not less than 100 feet,
and 75 feet when abutting a street or road.
(3)
Rear setback: 25 feet, except when a nonresidential
district abuts a residential district, then not less than 50 feet.
If the rear lot line fronts on a road, front setbacks shall apply.
(4)
At least one primary building on every site shall
be located with a setback of between 75 and 100 feet.
(5)
Nothing herein shall prohibit the use of existing
commercial buildings, or require new construction on existing commercial
sites.
H.
Fencing. Fencing shall be provided as follows:
(1)
A six-foot-high solid decorative fence is required
along all rear setback and side lot lines abutting a residential district
excepting the first 100 feet from the road. Landscaping on the residential
district side of the fence may be required by the Planning Board.
The Planning Board may vary fence location, height and construction
to accommodate an aesthetically pleasing buffer zone.
(2)
Solid decorative fence materials may be required by
the Planning Board. Such materials shall be masonry, slump stone,
split-face rock, brick, stucco, or similar quality material.
I.
Display and parking setbacks.
J.
Parking.
(1)
Unified parking plans shall be required for the full
build out of a property.
(2)
Parking lot location. Site plans shall detail a parking
plan. When feasible, parking shall be located predominantly to the
side or rear of buildings, with buildings located between the major
parking areas and the street. Any deviation from this requirement
shall be justified by the developer. When parking is located between
a building and the street, the Planning Board may require mitigating
measures, including berms, additional or enhanced landscaping, or
additional parking setbacks. The site plan must demonstrate integration
of parking into the overall site, in an aesthetically pleasing manner,
taking into account pedestrian and traffic flow.
[Amended 5-5-2010 by L.L. No. 2-2010]
(3)
Shared parking. In cases where shared parking is provided
by recorded agreement, the Planning Board may permit reduction in
the required parking area when the applicant(s) can show that the
total parking needs are met.
[Amended 5-5-2010 by L.L. No. 2-2010]
K.
Loading. Loading and unloading areas shall be provided
of a sufficient size to accommodate the numbers and types of vehicles
likely to use the premises, given the nature of the development proposed.
Loading and unloading areas shall be located and designed to allow
vehicles to safely maneuver to and from the public right-of-way and
to prevent obstruction or interference with the public right-of-way,
parking space or parking aisle. Loading areas shall be provided to
the rear of buildings wherever possible.
L.
Cross access. Cross access to adjacent properties
(except resident properties) shall be provided for in all cases. The
Planning Board may require cross access agreements or reservations
to be recorded.
M.
Landscaping. In the Commercial Corridor Overlay District
all of the open space site area shall be developed with landscaping.
Landscaping shall consist of a combination of trees, ground cover
and shrubbery to adequately cover all designated landscaping areas
(including areas required for parking setbacks). Pedestrian walkways
may be integrated into the landscaping. Minimum landscaping standards
are as follows:
(1)
Similar plant materials shall be utilized in all landscaped
areas to create a landscape theme.
(2)
All landscaping shall be maintained in a neat, clean
and healthful manner.
(3)
Nonliving materials shall not be substituted for required
landscaping, except that decorative rocks or stones may be substituted
for ground cover where the Planning Board finds that trees and shrubbery
are sufficiently dense.
(4)
A complete landscaping plan, including types of trees
and shrubs, and density must be approved by the Planning Board prior
to site plan approval. Trees to be reserved and trees to be removed
must be noted.
(5)
A landscaped green area shall be located adjacent
to all roads. The area shall encompass the entire setback area between
the road right-of-way and the building or parking area. The area shall
consist of a combination of grass or suitable ground cover, shrubs
and deciduous trees and may include variations in elevations.
[Amended 5-5-2010 by L.L. No. 2-2010]
(6)
Enhanced screening techniques as follows may be required
to enhance aesthetic characteristics of the site:
[Amended 5-5-2010 by L.L. No. 2-2010]
(a)
Attractive masonry and brick walls at a height no greater than three
feet with plantings along front property lines and side property lines
to the fronts of buildings, and six feet in height along other sides
and rear property lines. Generous plantings are required on the residential
side of the wall to soften and enhance the screen. Walls over six
feet are permissible with berm as indicated below. Walls shall be
architecturally finished on both sides to blend in with the natural
environment or to match building walls.
(b)
Where commercial service areas adjoin residential properties or streets,
berms in combination with walls up to 10 feet in height as visible
from the adjoining site may be required. Soil may be sloped against
the interior as well as the exterior faces of walls. Attractive building
materials, including finished block and concrete walls, and those
made of stone or brick are preferred. Prohibited materials for walls
include wood, metal, unfinished concrete or concrete block and manufactured
materials such as fiberglass.
(c)
Berms of sufficient height and planted to effectively screen parking
and circulation areas shall be permitted. Berms shall have crowns
with minimum widths of two feet and slope gradients less than 2:1.
(7)
To the extent feasible, existing trees shall be preserved.
(8)
Shrub and tree size and variety shall be designated;
the size shall be large enough to establish an aesthetically pleasing
effect when stated and must be approved by the Planning Board. Minimum
trees and shrub sizes shall be:
|
Plant Type
|
Minimum Size
| |
|---|---|---|
|
Large deciduous trees
|
3-inch caliper (diameter)
| |
|
Conifers
|
6- to 8-foot height
| |
|
Small flowering trees
|
1-inch caliper
| |
|
Large shrubs
|
30- to 36-inch height
| |
|
Small shrubs
|
18- to 24-inch height
|
(a)
Trees with spacing of not greater than thirty-foot
intervals shall be placed along all street frontages.
(9)
The paved areas of parking lots with more than 20
spaces shall be interspersed with landscaped medians containing trees
and/or other natural growing materials. Planting islands shall be
large enough to support mature trees. At grade open parking lots with
more than five spaces shall contain at least 10% of the interior area
of the parking facility landscaped. This shall not include perimeter
planting provided for beautification and/or screening requirements.
(10)
A landscaping maintenance bond shall be required
to guarantee maintenance of approved landscaping for a period of three
years from planting.
N.
Buildings. No use covered by the Commercial Corridor
Overlay District shall be allowed unless a permanent structure is
located on the same lot as follows:
(1)
At least one building shall have a building footprint
of not be less than 2,500 square feet, at grade level.
(2)
The principal building must meet the following standards:
(a)
The front facade of the building shall be constructed
of brick, split rock, stucco, or wood frame with cedar, lap siding,
or similar material. Concrete block lay-up facades shall not be permitted.
(b)
Landscaping around the building shall be included
at a minimum width of five feet in all areas except entrances and
the rear facade.
(c)
Not less than 25% of the front facade shall
be dedicated to windows.
(d)
No facade shall extend greater than 75 feet
without a dimensional variation of the facade of at least two feet.
O.
Access and circulation standards. All developments
shall provide an access and circulation plan as part of the site plan.
The access and circulation plan shall conform with the following standards
and shall address guidelines referenced in Appendix B:[2]
(1)
The number of curb cuts in the corridor shall be minimized.
Unless the applicant demonstrates that it is not feasible, access
to businesses shall be provided through one of the following means:
(2)
Development sites under the same ownership or those
consolidated for development shall be treated as a single site and
should provide a coordinated access management and circulation plan.
(3)
The developer shall demonstrate, as part of site plan
review, that entrances and exits to the main highways are the minimum
which will adequately serve the site. No more than one access to main
highways will be allowed.
(4)
Driveways shall be designed to provide exiting motorists
with safe sight distance.
(5)
Internal circulation (e.g., parking lots and driveways)
shall be provided, to the greatest extent possible, among adjoining
premises to encourage internal property-to-property pedestrian, bicycle
and vehicular movements.
(6)
Cross access shall be provided to adjacent properties.
Cross access agreements and/or reservations with easements which cannot
be extinguished without the consent of the Town shall be provided.
(7)
Individual developers shall develop a site layout
which facilitates future joint access in anticipation of future adjacent
development. When the opportunity for future joint or cross access
exists, temporary development agreements shall be a condition of site
plan approval. Temporary development agreements shall allow sole access
only until adjoining development is planned at some future date, at
which time permanent joint access systems shall be implemented. Reserved
rights-of-way and/or reciprocal easement agreements may be required
as a condition of site plan approval.
(8)
Individual road access along main roads shall be placed
as far apart as possible to reduce the potential for vehicular collisions
by limiting and separating conflict points. The applicant shall justify
safety and traffic circulation concerns on all road access.
(9)
Definable driveways for all new and redeveloped sites
are required; no open paved areas fronting directly on public roads
in the CCO District shall be allowed.
(10)
Provided entranceways shall have adequate depth
or "throat length" to prevent vehicles from backing onto public roads
in the CCO District while waiting to proceed further into the site.
(11)
Access to corner parcels shall be far enough
from the intersection that vehicles using the driveway do not interfere
with the function of the intersection. Driveways shall be prohibited
within the boundaries of intersection turn or merge lanes. Distances
from intersections shall be maintained and, at a minimum, shall be
100 feet for partial access (right-hand turns in or out only) and
200 feet for full access.
(12)
Access to all "out parcels" (i.e., separate
lots servicing a primary business) shall be provided through the access
and circulation system of the principal retail center and not via
separate driveways to public roads in the CCO District.
(13)
The Planning Board, as part of the site plan
approval process, may require a traffic, or an access or a circulation
study, or any combination thereof.
(14)
Shared driveways, cross-access driveways, interconnected
parking, and private roads constructed to provide access to properties
internal to a subdivision shall be recorded as an easement and shall
constitute a covenant running with the land. Operating and maintenance
agreements for these facilities shall be recorded with the agreements.
The agreements shall provide that they cannot be extinguished without
the consent of the Town.
(15)
Changes in access; condition requirements.
(a)
The Planning Board may establish provisions
for and require future alteration of the location and design of driveways,
parking, and other access features based on phased development, additional
development or a change in use of a property, or development of or
a change in use at an abutting property, which affects access or circulation.
(b)
On completion of a side, access or service road
abutting a property with a driveway connection to a public road, the
Planning Board may require a driveway or driveways to the side, access
or service road and closure of the driveway connection with the public
road.
(16)
Nonconforming access.
(a)
When a property owner of a property with an
existing, nonconforming driveway or driveways applies for a permit
to upgrade or change the use of the property, the Town Planning Board
shall determine whether it is necessary and appropriate to require
changes in access to the premises.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
P.
Site organization and building design.
(1)
Each site plan shall show, in addition to building
location, building and structure design showing:
(2)
All facades of buildings which are visible from streets,
parking areas, or adjacent sites shall be architecturally designed
to enhance aesthetic appearance. Such facades shall not be constructed
with exposed cinder block or concrete facades.
(3)
Buildings shall be designed to eliminate long expanses
of blank walls of single color or texture.
(4)
Windows must cover not less than 25% of any facade
facing a road or street.
(5)
The site plan shall demonstrate architectural compatibility
of buildings on the site and shall demonstrate that the architecture
of surrounding uses was considered in the design.
(6)
Rooftop mechanics shall be screened from public view
by the use of architecturally compatible materials.
(7)
Any ground-level mechanical service equipment and
refuse dumpsters or container shall be screened from public view by
use of landscaping, decorative walls, decorative fencing or other
design treatment compatible with site buildings. Additionally, refuse
containers and dumpsters shall be hidden from view by location.
Q.
Pedestrian walkways. The site plan shall incorporate
pedestrian walkways into every site. Walkways shall meet the following
standards:
(1)
Where sites are adjacent to municipal sidewalks, they
shall be integrated with them.
(2)
Pedestrian walkways shall be provided between buildings
located on a site.
(3)
Pedestrian walkways shall be incorporated into cross
access and joint access as developed on site plans.
(4)
Unless waived by the Planning Board as part of the
overall site approval, pedestrian walkways shall be integrated into
green areas between streets and buildings and shall be coordinated
with landscaping in such areas.
(5)
Pedestrian walkways shall be constructed of concrete
or decorative brick or other decorative materials, but shall not be
of the same materials as parking areas.
R.
Site lighting. Exterior display lighting shall be
developed in accordance with an approved lighting plan indicating
design layout, exact luminary mounting height, and distance between
light standards consistent with the Code of the Town of Lockport.
Innovative lighting design with varying light intensity levels is
encouraged for highlighting and merchandising purposes. Special consideration
as to direction and orientation of lighting shall be made. All lighting
in such areas shall be directed away from residential areas, and all
direct light beams shall be directed towards the lot buildings and
exterior display areas. All lighting shall comply with the following
standards related to security lighting:
(1)
Private on-site lighting standards adjacent or proximate
to any setback shall not exceed 30 feet in height above grade. These
lighting standards may have two luminaries per standard and must be
mounted parallel to the public street right-of-way.
(2)
Fixed spotlight fixtures shall not be directed toward
public streets or adjacent properties.
(3)
Temporary display spotlights shall not be permitted.
(4)
Shields and direction requirements may be required
to protect neighbors or the entrance aesthetic of the site.
(5)
As a condition of approval for any substantial remodeling
or expansion of any property, the applicant shall be required to cause
nonconforming lighting to meet the provisions of this section related
to lighting.
