The Town of Lockport allows a variety of uses
of land, provided that such uses do not adversely affect neighboring
properties, the natural environment, or the character of the Town
and its neighborhoods. Many of the uses listed in this chapter are
therefore permitted only upon issuance of a special permit by the
Planning Board in order to ensure that these uses are appropriate
to their surroundings and satisfy performance criteria. Accessory
uses or structures used in connection with a special permit use shall
be subject to the same special permit approval requirements as the
principal structure or use. Special permits are found to be necessary
for those uses which, though intended to be allowed when certain criteria
are met, are not allowed as a matter of right. It is the intent of
this article to determine whether such uses are compatible, desirable,
and allowable on a case-by-case basis. Special uses are only allowed
where the Planning Board makes findings that they meet the criteria
of this article. The burden of establishing that the criteria set
forth in this article have been met shall in all cases be on the applicant.
A.
Application and materials.
(1)
Application for a special use permit shall be made
to the Planning Board, on forms prescribed by the Planning Board.
The application shall be filed with the Building Inspector, and shall
be reviewed by the Building Inspector for completeness prior to filing.
No application for a special use permit shall be accepted for filing
which is not complete, and which does not have all supportive documentation
required by this chapter, or which is not accompanied by the required
application fee.
(2)
The application shall include:
(a)
All documents and information required for site
plan approval.
(b)
A narrative statement addressing each of the criteria set forth in § 200-137, Findings required.
(c)
The name and address of the applicant, who shall
be the individual, a partner, or a duly authorized corporate or LLC
officer, accompanied by proof of authorization, or a trustee, where
applicable.
(d)
Whenever a premises adjoins or is in a residential
area, or is within 500 feet of a residential area, a plan to eliminate
and/or mitigate, to the maximum extent practicable, any adverse effect
on such area.
(e)
A full identification of each variance which
will be necessary considering the underlying requirements of the zoning
district in which the property is located.
(f)
A detailed statement of ownership and agreements
relating to the premises, accompanied by:
[1]
A copy of the abstract of title.
[2]
A copy of each existing lease.
[3]
A copy of the contract of sale, option to purchase
or lease, or any other document relating to ownership use and control
of the premises.
[4]
A copy of each restriction, cross-access agreement,
dual-use agreement, sublease, parking agreement for parking on or
off the premises.
[5]
All such documents shall be submitted whether
recorded or not and whether executory or not.
[6]
The consideration or purchase price may be redacted
from such documents, and the name of lessees may be deleted where
necessary to protect ongoing negotiations.
[7]
A detailed description of each type of business
which will be conducted on the premises.
B.
Special application materials. In addition to the application materials listed in Subsection A above, certain special use permits listed below will require additional materials to be submitted, to allow the Planning Board to properly review the proposed use and potential impacts to the Town.
(1)
Uses greater than 120,000 square feet in size as noted in the B-2 District. These uses, by their size alone, have an inherent potential to have a large impact on the community and more information is necessary for the Planning Board to meet the required findings listed in § 200-137. The following materials must also be submitted to the Town with the application:
(a)
A traffic impact study meeting the requirements
of the Town and other applicable regulatory agencies (i.e., Niagara
County Highway or NYSDOT). This study must be completed by an independent
traffic consultant and shall be reviewed by a consultant retained
by the Town, and supplemented or redone by such consultant, if necessary,
at the expense of the applicant. This study must include an analysis
of internal traffic movements, public transportation, and nonautomotive
transportation (pedestrians and bicycling). The study will also include
an analysis of access management issues, cross connection, shared
entrances, and service roads.
(b)
Drainage study to Town and state standards that
includes an analysis of downstream structures and drainage facilities
identified by the Town.
(c)
An area map illustrating the surrounding residential
areas and studies illustrating how noise, odors, lighting and litter
will affect these areas.
(d)
Economic information to help the Town understand
how the project fits into the economic conditions of the community
and to assist the Town in future planning efforts; provided, however,
the project cannot be denied based on competitive issues with other
businesses.
(e)
A visual assessment analysis depicting how the
project will be viewed from the highway and any surrounding residential
areas.
C.
Supplemental materials. At any stage of consideration,
whenever the Planning Board determines that supplemental materials,
analyses or studies are necessary to thoroughly evaluate an application,
it shall notify the applicant, which shall provide such materials,
analyses or studies in a timely manner.
D.
Joint review. If an application is for a parcel or
parcels on which more than one use requiring a special permit is proposed,
the applicant may submit a single application for all such uses. The
Planning Board may grant the application with respect to some proposed
uses and not others.
E.
Mediation. At any point in a project review process
the Planning Board in its sole discretion may, if it deems appropriate
and the parties consent, appoint a mediator to work informally with
the applicant, neighboring property owners, and other interested parties
to address concerns raised about the proposed special permit use.
Such mediation may be conducted by a qualified and impartial person
acceptable to the parties and the Planning Board. The mediator shall
have no power to impose a settlement or bind the parties or the Planning
Board. Such mediation shall be for the purpose of attempting to reconcile
differences and address concerns. A mediator may make a recommendation
to the Planning Board, but the Planning Board shall not be bound thereby,
and need not consider the recommendation. The cost, if any, of such
mediation shall be charged to the applicant as part of the cost of
project review, with the applicant's written consent. Such cost may
also be shared by other parties in interest with their written consent.
F.
The applicant shall reimburse costs actually expended
by the Town to obtain consultants chosen by the Planning Board, to
evaluate, review, supplement or redo any studies or analysis or material
required under this article, other than initial review of the application
and materials for processing purposes, provided such fees shall be
reasonable, and audited by the Town Board, after preliminary audit
by the Planning Board, which shall reject any excessive or unnecessary
charges. The applicant shall be entitled to inspect all vouchers upon
request. The fees shall be paid upon presentation to the applicant.
Further review may be suspended until payment of fees, or, if a project
is approved, permits shall not be issued until payment of all such
fees.
A.
A special use permit shall expire if the special use
permit use or uses cease for more than 24 consecutive months for any
reason, or if the applicant fails to obtain the necessary building
permit within one year of the granting of a special use permit, or
fails to comply with the conditions of the special permit within 18
months of its issuance, or if its time limit, if any, expires without
renewal. If the applicant is unable to obtain the necessary building
permit within one year of the granting of a special use permit, a
single extension of one year shall be granted by the Town of Lockport
Building Inspector upon a showing of substantial efforts toward developing
the project and good cause for the delay.
[Amended 6-22-2022 by L.L. No. 3-2022]
B.
A special permit shall apply to the use for which
it has been granted, as well as to any permit (as determined by the
Building Inspector), and which does not involve any new construction,
enlargement, exterior alteration of existing structures, or changed
use of outdoor areas. Any other change to a use allowed by special
permit shall require the granting of a new special permit or a special
permit amendment.
C.
Upon notice and hearing by the Planning Board, a special
permit may be revoked by the Planning Board if the permittee violates
the conditions of the special permit and fails to terminate such violation
within 30 days of notice or engages in any construction or alteration
not authorized by special permit.
D.
Any violation of the conditions of a special permit
shall be deemed a violation of this chapter, and shall be subject
to enforcement action as provided herein, and the New York State Town
Law.
The terms and conditions of any special permit
may be amended in the same manner as required for the issuance of
a special permit, following the criteria and procedures in this chapter.
Any enlargement, alteration, or construction of accessory structures
not previously approved shall require a special permit amendment.
In granting or denying special permits, the
Planning Board shall take into consideration the purposes of this
article, the scale of the proposed project, the possible impact of
the proposed project on the nearby properties and neighborhoods, architectural
aesthetics of the area, and measures that will mitigate potential
adverse impacts and preserve or enhance the character of the Town,
and the welfare of its citizens.
A.
Before granting or denying a special permit the Planning
Board shall make specific written findings as to whether the proposed
project:
(1)
Will comply with all provisions and requirements of
this and other local laws and regulations, and will be in harmony
with the purposes of the land use district in which it is located
and with the general intent and purposes of this chapter.
(2)
Will be detrimental to adjacent uses.
(3)
Will cause undue traffic congestion, unduly impair
pedestrian safety, or overload existing roads considering their current
width, surfacing, and condition and will have appropriate parking
and be accessible to fire, police and other emergency vehicles.
(4)
Will overload any public water, drainage, or sewer
system, or any other municipal facility, or degrade any natural resource
or ecosystem.
(5)
Will be suitable for the property on which it is proposed,
considering the property's size, location, topography, vegetation,
soils, natural habitat, and hydrology, and, if appropriate, its ability
to be buffered or screened from neighboring properties and public
roads, and its existing and proposed use.
(6)
Will result in excessive noise, dust, odors, solid
waste, or glare, or create any other nuisances, and will satisfy the
general land use performance standards of this chapter.
(7)
Will adversely affect the aesthetics of the premises
and adjacent properties and the neighborhoods.
(8)
Will cause the site to be unduly congested, dangerous,
unattractive to visitors, or unfriendly to pedestrians.
B.
The Board shall further find whether the adverse impacts
of the proposed special use can be mitigated to such an extent that
the special use permit should be granted and, if so, what conditions
need be required to achieve such mitigation.
The granting of a special permit shall not supersede
the requirements of the underlying districts in which the premises
is located, including any overlay districts.
Any consideration of a special use permit application
shall be in addition to, and not in lieu of, site plan review. Where
appropriate, the two procedures may be conducted simultaneously, and
public hearings may be held simultaneously.
The Planning Board shall hold a public hearing
as required by Town Law § 274-b. Thereafter, the Planning
Board may approve a special use permit application, may approve a
special use permit application in part, and disapprove in part, approve
a special use permit application with conditions as set forth in its
decision, or may deny a special use permit application. The Planning
Board may base a denial of a special use permit upon inability or
failure to prevent or sufficiently mitigate adverse effects as demonstrated
by the findings of the Board.
This article shall be governed by the provisions
of Town Law § 274-b, except that as to any provision of
this chapter which is in conflict with said law, this chapter shall
supersede said law pursuant to § 10, Subdivision 1(ii)a(1)
and 1(ii)d(3) of the Municipal Home Rule Law.
Fees for special use permit applications shall
be established, from time to time, by the Town of Lockport Town Board.
