A. 
Review required. Any person or entity seeking to erect, construct, enlarge, alter, improve, demolish a building or structure; or establish, operate, convert, or change the nature of the use or occupancy of any building or structure within the City of Lockport shall first be required to secure all necessary approvals and permits as required by this zoning code.
B. 
Application form. Applications must be submitted in a form and in such numbers as outlined herein. Checklists of application submittal and review requirements may be made available within the Building Department.
C. 
Review body. For the purposes of this zoning code the terms "reviewing body" or "review body," shall refer to the Common Council, commission, committee, official, or other designated decision-making body that is charged with review and/or approval authority as authorized under this zoning code and by New York State Law. This may include, but is not limited to the Code Enforcement Officer, CEO, Common Council, Planning Board, and Zoning Board of Appeals.
D. 
Properties in violation prohibited.
(1) 
No applications that include a building, structure, property, or use that is in violation of this zoning code, other laws of the City of Lockport, or New York State laws, rules, and/or regulations shall be accepted or processed, unless the applicant obtains a variance to remedy a violation of the zoning code.
(2) 
Applications, which, in whole or in part, include a proposal to rectify violations on such property, may be considered in accordance with this zoning code.
A. 
Purpose. The purpose of a preapplication meeting is to provide the applicant with the opportunity to seek nonbinding, advisory direction from the City to better prepare the applicant and project application for the development review process. This process is optional and has no bearing on action on a formal application.
B. 
Conference. Applicants may request a preapplication meeting prior to entering the formal application review process to discuss the nature of the proposed application and to determine the best course of action for submittal. Meetings may be held with City Building Department.
C. 
Advisory opinion. In no way shall any comments or feedback provided by the Committee during a preapplication meeting be construed as an indication of decision or be legally binding in any way.
D. 
Application material. Materials presented during the preapplication meeting may be incomplete and/or conceptual in design. A formal, complete application is required to be considered for approval prior to action.
A. 
Submittal. All applications considered under this chapter shall:
(1) 
Be submitted to and processed by the City's Building Department.
(2) 
Require the signature of the owner(s) of the subject property. Where there are multiple land owners, a written consent agreement among all land owners must be included. Tenants may submit applications with written consent of the property owner(s).
(3) 
Be provided in the required number and form, including at least 10 hard copies and one electronic copy (digital PDF). Site plan applications shall include one electronic and at least two stamped hard copies of all maps and site plans at the size and scale requested by the Building Department.
(4) 
Include all application fees as established by § 190-40.9 and as may be required elsewhere in this chapter.
B. 
Deadlines. Applications shall be submitted at least 15 business days prior to the meeting at which the applicant wishes to be considered. Supplemental materials and amendments to applications already under review are also due at least 15 business days prior to the meeting of the reviewing body.
C. 
Acceptance and processing.
(1) 
Within 30 days of an application being filed, the City's Building Department shall determine whether to accept the application as ready for processing or reject the application as not ready for processing.
(2) 
An application is considered accepted and ready for processing only if it is submitted in the appropriate number and form, includes all required materials, and is accompanied by the required fee.
(3) 
The acceptance of an application by the City shall in no way be interpreted as a determination of the completeness, adequacy, or accuracy of application materials, but rather serve as an acknowledgement to the receipt of required fee and application materials in the correct number and form.
(4) 
If an application is determined to be not ready for processing, a paper or electronic written notice shall be provided to the applicant, along with an explanation of all known deficiencies that prevent review.
(5) 
No further processing of unaccepted applications will occur. When the deficiencies are corrected, the application will be placed in the next available processing cycle. If the deficiencies are not corrected within 62 days, the application will be considered withdrawn.
D. 
Applicant responsibilities.
(1) 
The applicant and/or their agent is expected to attend all meetings at which the application is to be discussed.
(2) 
In all cases, the burden is on the applicant to show that their application complies with the City of Lockport local laws and regulations, and any other applicable New York State laws, rules, and regulations.
A. 
Initiation of review. The review process(es) provided herein shall begin within 30 days of application acceptance by the City's Building Department. The review and decision period does not begin until such time that the City's Building Department notifies the applicant that the application is ready for processing and the materials submitted are acceptable for review.
B. 
Public hearing. Where required by this chapter and New York State Law, the reviewing body shall hold at least one public hearing prior to the issuance of a decision. Where not required, the reviewing body may hold at least one public hearing at their sole discretion.
C. 
State Environmental Quality Review (SEQR). Where required by New York State Law, the review body shall complete all required documentation and procedures in accordance with the State Environmental Quality Review Act (SEQRA).
D. 
Issuance of decision.
(1) 
Within 62 days following the close of the public hearing the reviewing body shall issue a decision to approve, approve with conditions or modifications, or deny the proposed application.
(2) 
Where county referral is required, no decision shall be issued by the reviewing body until the referral process is complete.
(3) 
The time period in which a decision must be rendered on the application may be extended by mutual consent of the applicant and the reviewing body.
E. 
Waiving application requirements. A reviewing body is authorized to waive or modify, in whole or in part, required application material if, in their sole opinion, one or more of the following apply:
(1) 
Any such material, or part thereof, is not requisite in the consideration of impact to public health, safety, or general welfare;
(2) 
Any such material is inappropriate or irrelevant to the proposal;
(3) 
Any such material is deemed unnecessary for an adequate, informed review.
F. 
Additional application requirements. A reviewing body may require the applicant to provide additional application material if it is found to be necessary for a complete, adequate, and informed review.
A. 
Concurrent reviews. In some cases, an application may be subject to multiple reviews by this chapter and the City of Lockport Code. Where deemed appropriate by the Building Department to streamline the application review process the following reviews may be conducted concurrently, subject to the reviewing body having vested authority to hear and decide upon such matters:
(1) 
Site plans, in accordance with Article 42.
(2) 
Special use permits, in accordance with Article 43.
(3) 
Subdivisions, in accordance with Chapter 162 of the City of Lockport Code.
(4) 
Variances, in accordance with Article 46.
(5) 
Amendments, in accordance with Article 46.
(6) 
Planned unit developments, in accordance with Article 45.
B. 
Conditions of approvals.
(1) 
Special use permit. If obtained prior to site plan approval, the special use permit shall be conditioned upon the applicant obtaining site plan approval. In the event that a site plan application is denied, the special use permit shall be considered null and void.
(2) 
Subdivision. Where a subdivision application is considered alongside a site plan application, the Planning Board shall first issue a decision on the subdivision plat. Should the subdivision application be denied, the site plan shall be considered null and void.
(3) 
Variance. Where a site plan, special use permit, or subdivision application requires a variance, approval of said variance must be obtained first. Should the variance be denied, the associated site plan, special use permit, and/or subdivision application shall be amended accordingly.
(4) 
Amendments. Approval(s) for any development action considered under this chapter, for which a rezoning is also requested or required, shall be conditioned on the approval of the zoning amendment application by the Common Council. Should the rezoning be denied, all other development application approvals conditioned on the rezoning shall be considered null and void.
A. 
Internal referral. The reviewing body may refer any application to another board, committee, department, or official for review, comment, and advisement.
B. 
Professional referral.
(1) 
The reviewing body may seek the opinion of any engineering, architectural, historical, planning, technical, environmental, legal consultant or attorney, or other expert or professional to aid in the review of an application.
(2) 
The applicant shall reimburse the City for any costs incurred as part of such professional review in accordance with § 190-40.9.
C. 
County referral. The City shall refer applications to the Niagara County Planning Board pursuant to New York State General Municipal Law 239-m and in accordance with any planning referral agreements between the City and County.
D. 
Waterfront application referrals. Applications in waterfront designated districts and the LWRP area (see Chapter 187 of the City of Lockport Code) may be referred to the New York State Department of State.
A. 
Expiration. Except for variances granted in accordance with New York State Law, the approval of an application shall expire if one or more of the following occur:
(1) 
The approved use(s) cease operation for more than 12 consecutive months for any reason;
(2) 
The applicant fails to obtain necessary building permits or certificates of occupancy within one year of the approval date;
(3) 
The applicant fails to comply with the conditions of approval within one year of the date of issuance or completion of construction, where applicable;
(4) 
The applicant fails to initiate construction or operation of use within one year of the approval date;
(5) 
The applicant fails to complete construction;
(6) 
The applicant fails to renew a time limited permit prior to the stated time period ending; or
(7) 
Another provision of this chapter expressly sets a term of expiration.
B. 
Extensions. The reviewing body may grant an extension for any condition in Subsection A upon written request by the applicant. The applicant shall include in such request the desired time period for the extension and the reasoning for requesting the extension. A fee may be required to process extension requests. The time period of such extension, if granted, shall be determined by the reviewing body.
C. 
Revocation. The Code Enforcement Officer may revoke the building permit associated with an approved project if the applicant violates the conditions of the approval or engages in any construction, alteration, or operation not authorized by the approval and/or related permit(s). Such action shall include the revocation of any special use permit or other zoning authorization issued under this zoning code.
A. 
Public hearing required. The reviewing body shall schedule, notice, and conduct a public hearing for applications as required by this zoning code and New York State Law.
B. 
Joint hearings. Where there are multiple applications for a single property or use before the reviewing body concurrent or joint public hearings may be held.
C. 
Public notices. Public notice of public hearings shall be made in accordance with this zoning code and New York State Law, this may include mailed, media and posted notice.
D. 
Media notices. The City Clerk or designee shall cause publication of a notice in the City's official newspaper and official website.
E. 
Mailed notices.
(1) 
Written notice of public hearings to adjoining municipalities, Niagara County, and the State Commission of Transportation shall be provided where required by New York State Law.
(2) 
Notice of public hearings shall be mailed to adjacent properties, which shall include the name of the applicant, nature of application, and description of the property involved, to be sent by ordinary mail by depositing same in a plain sealed envelope addressed to the last known address of all owners of affected property located within an area bounded by lines drawn parallel to and a distance of 400 feet from the property lines of the applicant, at least eight days before the hearing.
A. 
Fee schedule established. A schedule of fees for all permits, applications, deposits, and copies shall be provided in a fee schedule, set by resolution of the Common Council. Such schedule may be amended from time to time as deemed necessary by the Common Council.
B. 
Consultant fees.
(1) 
The amount of a consultant fee shall be determined and approved by the Common Council. Consultants shall estimate their fees based on the services to be rendered on behalf of the City from a review of the application, including such documents, maps, plans, specifications, drawings and the like as may be a part thereof.
(2) 
The consultant will be retained pursuant to the procurement policy of the City. The applicant shall make an escrow deposit with the City, equal to the amount of the fees so determined. This escrow deposit shall be utilized to pay the cost of the special consultant's fees involved. The application shall not be deemed complete until such time as said escrow deposit has been made. If during the review the need for further specialist consultation is deemed reasonably necessary by the Board, the same cost estimate and escrow deposit procedure shall be followed.
(3) 
Upon issuance of decision and within a period of 45 days thereafter, the Common Council shall adopt a resolution specifying whether the escrow deposit amount specified was sufficient, excessive, or insufficient. In the event the Common Council determines that said amount is excessive, the balance shall be returned to the applicant within 60 days. In the event the Board determines that the escrow deposit was insufficient, it shall so specify, and the applicant shall be required to make payment of such additional amount within 60 days.