Town of Lockport, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Lockport 7-16-2008 by L.L. No. 3-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 31.
Zoning — See Ch. 200.
This chapter shall be known as the "Town of Lockport Architectural and Design Review Code."
This Board makes the following findings:
A. 
Ugly and poorly designed structures detract from the Town of Lockport's image, marketability of properties, resale value of properties, and occupancy rates and diminish the appeal of the Town as an attractive place to live, work and visit.
B. 
The establishment of architectural and design review procedures and architectural design standards are desirable for the construction, modification, expansion and exterior alteration of new and existing buildings in the Town of Lockport.
C. 
Architectural and design review is necessary to assure appropriate design criteria, while taking into consideration individual needs and special circumstances, for new and modified buildings to assure orderly and aesthetically pleasing development in the Town of Lockport.
D. 
Architectural and design review will assure the ability of the residents and visitors to the Town to frequent and locate in well-designed and architecturally pleasing buildings.
E. 
The architectural and design review process will promote the health, prosperity, safety, pleasure and general welfare of the community, will foster civic pride, and will enhance the overall character and reputation of the Town.
F. 
Architectural and design review will differentiate the Town from communities where lack of architectural and design review has led to development which is uncoordinated and consists of poorly designed and prototyped buildings with little aesthetic appeal and from communities which have experienced undesirable and unattractive development.
The standards and procedures established by this chapter shall be in addition to any other requirement standards established by the Town of Lockport Town Code.
Definitions established by the Town of Lockport Zoning Code, Chapter 200, Article II shall apply to this chapter in their entirety.
[Amended 4-8-2015 by L.L. No. 1-2015]
The Planning Board of the Town of Lockport shall, in any case where site plan approval is required pursuant to Chapter 200, Article XVIII (§ 200-121 et seq.), of the Town Code or where a person proposes minor alterations, as determined by the Building Inspector, to existing buildings or structures located in a Local Business (B-1) or General Business (B-2) as established by Chapter 200, Zoning, act as the Design and Architectural Review Board of the Town of Lockport and shall review the architectural design or structures and buildings for compliance with this chapter. Such review shall be separate from and in addition to its site plan review and approval powers.
No building permit or certificate of occupancy shall be issued for any construction, reconstruction, modification or addition subject to review pursuant to the terms of this chapter until a certificate of compliance has been issued by the Chairman of the Planning Board after a resolution approving the architectural design by the Planning Board.
[Amended 4-8-2015 by L.L. No. 1-2015]
In reviewing for architectural design, the Planning Board shall utilize submittals made pursuant to Chapter 200, Article XVIII, Site Plan Review, of the Town Code, or elevation drawings and proposed colors where a person proposes minor alterations, as determined by the Building Inspector, to existing buildings or structures located in a Local Business (B-1) or General Business (B-2) as established by Chapter 200, Zoning, and may require any additional architectural design, elevations, and any other information it shall determine.
A. 
In its review, the Planning Board shall take into consideration architectural style and design quality, including, but not limited to:
(1) 
Building materials, variations of relief, architectural styles, colors, compatibility of amenities, including awnings, signs, and lighting, and landscaping in relation to architectural design.
(2) 
The surrounding area and the buildings located in the surrounding area, potential and existing development of the area, and compatibility of architectural design.
(3) 
Overall aesthetic enhancement of the Town and its various districts.
B. 
Corporate signature styles or prototype buildings shall not be of paramount importance and shall not override other considerations given weight by the Planning Board.
C. 
Architectural design for a multiple building development shall be integrated for general period, style, coloration and thematic compatibility.
D. 
Architectural design shall not be limited to any period, but due consideration shall be given to local, commercial, industrial and governmental architectural style during the historic development of Niagara County from the 1820s through the 1920s.
E. 
Corporate logos, patterns, and designs identifying details, color and shapes shall be reviewed for architectural and design compatibility and aesthetics and may be required to be deleted or modified when in conflict with acceptable design standards, except when incorporated into allowed signage, pursuant to Chapter 200, Article XXIV, Signs.
F. 
When necessary, the Planning Board may require justification of design elements by written documentation, including narratives, by the applicant's architects or design engineers.
G. 
The Planning Board may require an independent architectural evaluation by an architect or such other planners or experts as it determines at the applicant's expense, provided no such evaluation shall cost in excess of 1/2 of 1% of the average per-square-foot building costs for structures of similar types, as determined by the Building Department of the Town of Lockport, based upon the square footage of the proposed structure.
H. 
New or altered buildings shall not be so at variance with the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the surrounding area as to cause a substantial likelihood of depreciation in property values.
[Added 10-8-2008 by L.L. No. 4-2008]
I. 
New or altered buildings shall not be so detrimental to the desirability, property values, or development of the surrounding areas as to cause harmful effects by reason of excessive similarity, excessive dissimilarity, or appropriateness in relation to established character or other structures in the immediate area or neighboring areas.
[Added 10-8-2008 by L.L. No. 4-2008]
J. 
Review of alterations to existing buildings shall take into consideration limitations and practical difficulties caused by the existing features and materials of the building.
[Added 10-8-2008 by L.L. No. 4-2008]
The Planning Board may, but shall not be required to, adopt design guidelines to assist the designer in developing designs and architectural amenities which reflect the goals and purposes of this chapter.
A. 
The Planning Board may take the following action:
(1) 
Approve a design referencing specific renderings and drawings; or
(2) 
Approve a design with conditions; or
(3) 
Disapprove a design.
B. 
Any time the Planning Board shall disapprove a design, it shall make specific findings based upon the criteria set forth in § 53-8A through J and shall set forth the basis of its disapproval.
[Added 10-8-2008 by L.L. No. 4-2008]
Any person who is aggrieved by a decision of the Planning Board may appeal to the Town Board within 30 days by filing a notice of appeal with the Town Clerk. Thereafter, the Town Board shall review the determination of the Planning Board and may uphold, modify or reverse the Planning Board's decision.
Nothing herein shall require architectural review of one- and two-family residences or industrial uses located in an industrial district, as established by Chapter 200, Zoning.
A. 
This law is adopted pursuant to Municipal Home Rule Law § 10, Subdivision 1(i); 1(ii)a(3), (11), (12) and (14); and 1(ii)d(3).
B. 
This law shall supersede any inconsistent provision of state law, including but not limited to any inconsistent provision of Town Law § 271, 274-a, 274-b.