A.
Continuance of nonconforming uses. Any nonconforming
use now existing may be continued, but only to the extent, and upon
the premises and in the building or structure, where such nonconforming
use now exists. Nothing herein contained shall be construed to prevent
an increase in the products so produced or business so conducted,
provided that no additional structure is erected. Structural changes
within an existing building may be made, but in no case shall exceed
in cost 50% of its present assessed valuation.
B.
Changes in existing nonconforming uses. No changes
shall be made in any existing nonconforming use except such change
as shall be to a use permitted within the district wherein the same
is located.
C.
Any nonconforming use now existing which shall be
discontinued, abandoned or cease for a period of more than six months
shall not be resumed, but thereafter the restrictions of this chapter
shall apply to the building or structure or plot of ground wherein
or whereon said nonconforming use may have been carried on.
D.
Applicability to building or structure now under construction.
Buildings or structures now under construction for a designated nonconforming
use may be completed according to plans thereof within a period of
six months after this chapter takes effect and the designated use
made thereof.
E.
Reconstruction. Any nonconforming building or structure
which has been destroyed to less than 50% of its sound value, by means
other than intent or design, may be rebuilt or repaired within one
year thereafter and the nonconforming use thereof may be continued.
Uses authorized under these provisions shall
be special exceptions requiring approval of the Planning Board in
accordance with the special use permit procedures. A site plan shall
be required and approved by the Planning Board detailing the proposed
reuse and its satisfaction of these provisions. Uses authorized by
this section shall be limited to include only those uses which avoid
traffic congestion, provide adequate off-street parking, do not adversely
affect the environment, do not disrupt adjacent land uses through
the generation of noise or hours of operation, and in no other way
produce a detrimental effect on the surrounding neighborhood.
A.
The purposes and intent of these provisions are:
(1)
To encourage the reuse of structures that existed
prior to the adoption of this chapter, and any amendments thereto.
(2)
To provide a planned use which serves an existing
need in the Town.
(3)
To permit reuses without necessitating rezoning or
variances to allow said uses.
(4)
To allow limited improvement of nonconforming uses.
(5)
To encourage the planning and utilization of structures
for uses not in conflict with surrounding uses in a manner which will
contribute to the economic base of the Town of Lockport or otherwise
further the purposes of this chapter.
B.
Requirements.
(1)
Area regulations. Use of any existing structure shall
be contained wholly within said structure, including any additions
or alterations thereto, as shown on the site plan submitted with the
application. All front, rear and side yard requirements of the district
in which the site lies shall be met when building new structures of
adding on to the existing structure. No additions or new structures,
signs or landscaping shall violate the sight distance and visibility
requirements of this chapter or the highway design standards.
(2)
Height requirements. Unless the existing structure
exceeds allowable heights, the height restrictions of the district
in which the structure lies shall prevail.
(3)
Parking requirements. Off-street parking shall be
provided on the site in accordance with the requirements of the use
requested in the application and as provided for in this chapter.
When space is not available or when available space is inappropriate
because of physical site characteristics or improvements, the applicant
shall demonstrate that the required parking spaces are available within
safe walking distance of the structure or a maximum of 500 feet. Documentation
of ownership or authorization of assigned use is required for any
off-site parking spaces.
(4)
Minimum requirements. Use, addition, alteration or
development of an existing structure shall comply with the following
minimum requirements:
(a)
Vehicular access to the site and any street
improvement, including widening and turning lanes, if necessary, shall
be provided in accordance with contemporary highway design standards.
(b)
Pedestrian walkways and entranceways shall provide
direct access from existing and designated new parking areas to the
structure and shall connect with any existing pedestrian ways. The
applicant shall demonstrate that proposed walkways will offer protection
to the user from street and site vehicles.
(c)
All parking, loading, access and services areas
and pedestrian and vehicular corridors shall be adequately illuminated
at night. Such lighting, including sign lights, shall be arranged
so as to protect the highway and adjacent properties from glare or
hazardous interference of any kind.
(d)
The proposed use shall be buffered so as to
provide a harmonious transition from the proposed use to surrounding
uses. The applicant may utilize design elements to accomplish this,
including open space corridors, natural vegetation screens, berms,
landscaping, park and recreation areas or a combination thereof.
(e)
Signage shall be restricted to the allowable
area, and types provided for in the least intensive zoning district
in which the proposed use would be allowed by right, and may be further
restricted to enhance the character of the neighborhood.
(5)
Future additions or alterations. There shall be only
future additions or alterations to the structure as shown on the site
plan submitted with the application. Any deviation from the approved
plan shall constitute a new use and require the application of a new
request in the manner prescribed herein.
(6)
Time limit. Special exception permits issued pursuant
to this section shall remain in effect until such time as the use
which was authorized by application is altered in any manner from
the use as stated in the permit application, or the use ceases to
operate for a period of one year from the permit approval. At that
time, the permit shall become null and void and may only be reissued
by a new application in the same manner as provided for in this chapter.
A Board of Appeals has heretofore been established and shall continue to be established to consist of five members and one alternate member to be appointed as provided in § 267 of the Town Law and Chapter 50 of the Lockport Town Code, with all the powers and duties given and prescribed by the Town Code and this chapter.
A Planning Board has heretofore been established and shall continue to be established to consist of seven members and one alternate member as provided in § 271 of the Town Law and Chapter 31 of the Lockport Town Code, with all the powers and duties given and prescribed by the Town Law, the Town Code and this chapter.
