[HISTORY: Adopted by the Town Board of the
Town of Lockport 7-16-2008 by L.L. No. 3-2008. Amendments noted where
applicable.]
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.
[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.
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.
