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Town of Lockport, NY
Niagara County
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It is the intent of the General Business (B-2) Use District to provide for the commercial development of the Town of Lockport, and to establish areas encouraging local and regional retail and wholesale sales of services and merchandise, to encourage the general welfare of the Town through vibrant commercial development, while at the same time establishing regulations to enhance the aesthetic appeal of the district and to provide compatibility with other areas of the Town.
[Amended 5-5-2010 by L.L. No. 2-2010]
No building, structure or lands within the General Business (B-2) Use District shall be constructed, erected or used for other than the following specified purposes, provided that any such use which also falls within the uses permitted as special uses in this article is not allowed except by obtaining a special use permit:
A. 
Retail sales.
B. 
Medical offices and clinics.
C. 
Professional and service offices and facilities, including contractor's offices.
D. 
Institutional uses.
E. 
Repair services.
F. 
Liquor stores.
[Added 11-6-2016 by L.L. No. 5-2016]
G. 
Bars, taverns or inns.
H. 
Restaurants.
I. 
Theaters.
J. 
Health spas.
K. 
Private clubs.
[Added 11-6-2016 by L.L. No. 5-2016]
L. 
Bus stations.
M. 
Veterinary offices and clinics.
N. 
Wholesale sales.
O. 
Storage within an enclosed structure as part of an otherwise permitted use.
P. 
Funeral homes.
Q. 
Outdoor activities.
R. 
Hotels, motels.
S. 
Fire halls, rescue squad and public safety buildings.
T. 
Entertainment and recreational facilities.
U. 
Doggy day-care centers.
[Added 11-6-2016 by L.L. No. 5-2016]
V. 
Wineries or micro-breweries, so long as such is associated with an on-site restaurant or retail development operation.
[Added 11-6-2016 by L.L. No. 5-2016]
W. 
Any permitted uses and structures allowed in the B-1 Districts.
[Added 11-6-2016 by L.L. No. 5-2016]
[Amended 5-5-2010 by L.L. No. 2-2010]
The following uses may be permitted upon obtaining a special use permit:
A. 
Other services, and retail uses, including, but not limited to, gasoline sales, motor vehicle repairs and services, parking lots and garages.
B. 
Otherwise allowed uses, which involve a new building or buildings, or additions to existing building(s), resulting in square footage in excess of 120,000 square feet on a premises as proposed to be developed.
C. 
Outdoor display or sales areas for nurseries, lawn furniture, garden supplies and restaurant patios or decks, or building supplies, provided that such displays do not encroach upon required parking. Such displays shall not diminish required open space or setback requirements.
D. 
Retail storage facilities, provided that such facilities shall not be allowed within 300 feet of any main road or street.
E. 
Sales or leasing of new or pre-owned automobiles, trucks, recreational vehicles, farm equipment, construction equipment, boats, or other sales or leasing requiring outdoor display of inventory.
F. 
Light manufacturing operations (generally defined as the manufacturing, compounding and assembly of products from previously prepared materials not involving heavy equipment and the production of excessive noise, vibrations, smoke, odors, etc.).
[Added 11-6-2016 by L.L. No. 5-2016]
G. 
Structures consisting of no less than 50% of mixed general business (B-2) permitted uses on ground level, with residential dwelling units of no less than 900 square feet each on the second or third levels of the structure.
[Added 11-6-2016 by L.L. No. 5-2016]
H. 
Permitted structures which are greater than 40 feet and 60 feet or less in height.
[Added 11-6-2016 by L.L. No. 5-2016]
Standards limiting the uses allowed in the B-2 District. The uses allowed in the B-2 District shall be limited in size, scope, or nature of use as follows:
A. 
Enclosure. Except for vending and ATM machines, and except as provided in the special use section of this article,[1] all uses, principal and accessory, including display of merchandise, except signs, landscaping and off-street parking, loading and stacking, shall be conducted within a completely enclosed structure, and no outdoor storage or display of goods, merchandise or materials shall be permitted.
[Amended 5-5-2010 by L.L. No. 2-2010]
[1]
Editor's Note: See § 200-70, Special uses.
B. 
Lighting. All exterior lighting shall be designed, installed and maintained so as not to interfere with the use or enjoyment of any other lot or the safety of persons using streets, sidewalks, or other common areas.
[Amended 11-6-2016 by L.L. No. 5-2016; 1-9-2019 by L.L. No. 1-2019]]
Dimensional requirements are established as follows:
Dimension
Requirement
Lot area
30,000 feet
Lot width
150 feet
Lot depth
200 feet
Front setback (minimum)
75 feet
Front setback (maximum for at least one principal use)
100 feet
Corner lots from each street
75 feet
Side yard setback
10 feet
Side yard setback adjacent to AR, MHP, R-1, ADR or R-2 District
100 feet
Rear setback
10 feet
Rear setback adjacent to AR, MHP, R-1, ADR or R-2 District
100 feet
Height
40 feet
Green space
25% of lot
Percent of lot covered by structures (maximum)
35%
A. 
Landscaping. For any commercial use, in order that the development of the property will be aesthetically pleasing, and will fit harmoniously with the nearby residential neighborhood(s), all uses shall provide street trees, parking lot trees, and screening as set out below.
(1) 
A planting aisle at least 12 feet in width from the right-of-way shall be provided along the entire length of every street, excluding driveways for ingress or egress to parking or loading areas. Trees, indigenous to the area, with an expected mature height of at least 30 feet and with a minimum height at planting of 12 feet, shall be planted within the planting aisle at not greater than thirty-foot intervals. In the event that the planting aisle lies under overhead power lines, trees with an expected mature height at planting of 10 feet, with intervals no greater than 20 feet, may be substituted, but the Planning Board may require additional landscaping to compensate.
(2) 
One shade tree shall be provided for each 3,500 square feet of vehicle accommodation area. Each tree shall be located in a planting area, which has at least 50 square feet of natural surface from which it can receive water and nutrients. Trees shall meet the planting standards for street trees set out above.
(3) 
Whenever a side or rear yard abuts a residential district, screening shall be provided in such side or rear yard that will effectively block the view between any structures, parking or loading area or driveways on the nonresidential lot and the residential lots. At a minimum, the screening shall extend the entire length of any such property line, except that portion which must remain open for traffic safety reasons, and shall include one or more of the following, subject to Planning Board approval.
(a) 
A brick or parged block wall at least six feet in height; or
(b) 
A landscaped earthen berm with a height of at least six feet on which is planted shrubs, indigenous to the area, with an expected mature height of at least four feet, at intervals so that the branches will touch at maturity and with a minimum height at planting of at least two feet; or
(c) 
A landscaped buffer area with a width of at least 50 feet in which are planted two staggered rows of trees; or
(d) 
A combination of such fencing and plantings, buffers and berms affording an aesthetically pleasing view from the residential side.