A. 
Authority to file.
(1) 
Pursuant to New York State General City Law and the City of Lockport Code and all applicable provisions of this chapter, this chapter may be amended, supplemented, and repealed.
(2) 
Amendments to the text or map of this zoning code may be initiated by the City of Lockport Common Council or as otherwise provided by New York State Law.
B. 
Authorized review bodies.
(1) 
The Planning Board may serve in an advisory role to the review of proposed amendments and issue a recommendation of decision to the Common Council.
(2) 
The Common Council shall review and issue the final decision on all proposed amendments.
C. 
Public hearing. A public hearing shall be held by Common Council for all proposed amendments.
D. 
Referrals. All referrals shall be made in accordance with § 190-40.6.
E. 
Review procedure.
(1) 
The Common Council may, from time to time, by local law or ordinance, and after holding a public hearing, alter, amend, or repeal this zoning law in accordance with the provisions set forth in General City Law Section 83.
(2) 
If the Common Council approves the amendment, supplement, change or modification to the zoning code or zoning map, as applicable, shall be amended after publication and filing with the City Clerk and Secretary of State as required by New York State Law.
F. 
Review criteria. In reviewing and making decisions on zoning amendments, the reviewing body must consider the following criteria, as applicable:
(1) 
Whether the proposed amendment corrects an error or inconsistency in the zoning code or meets the challenge of a changing condition;
(2) 
Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the municipality;
(3) 
Whether the proposed amendment is in the best interests of the municipality as a whole;
(4) 
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by any requested rezoning;
(5) 
Whether any re-zoning will substantially harm the public health, safety or general welfare or the value of nearby properties;
(6) 
Whether any re-zoning is compatible with the zoning and use of adjacent property;
(7) 
Whether the property in question is suitable for the uses and development to which it has been restricted under the existing zoning regulations; and
(8) 
Whether the gain, if any, to the public health, safety and general welfare due to denial of the application outweighs that of the hardship imposed upon the landowner, if any, as a result of denial of the application.
A. 
Upon appeal from a decision by the CEO or the Planning Board, the Zoning Board of Appeals shall decide any question involving interpretation of any provisions of this chapter. Such appeal shall be initiated within 30 calendar days of the adverse decision. Such appeal may be taken by any person aggrieved or by an officer, department, or board of the City.
B. 
Appeal applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.
C. 
The officer from whom the appeal is taken shall, within 30 days of the filing of the appeal, transmit all papers constituting the record upon which the appeal is taken to the Zoning Board of Appeals.
D. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown.
E. 
If the Zoning Board of Appeals determines that a public hearing is necessary, the Board of Appeals shall fix a time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable length of time thereafter. At the time of the hearing, any party may appear in person, by agent, or by attorney.
F. 
In exercising the appeal power, the ZBA has all the powers of the City official or agent from whom the appeal is taken.
G. 
The ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.
H. 
In acting on the appeal the ZBA must grant to the decision or action a presumption of correctness, placing the burden of persuasion of error on the appellant.
A. 
Applicability. The Zoning Board of Appeals (ZBA) shall have the power, on appeal from the decision or determination of any administrative official charged with enforcement of this chapter, to reverse or affirm, wholly or partly, or modify an order, requirement, decision, interpretation, or determination by the granting of either use variances or area variances as authorized by New York State General City Law. The variance procedures may not be used to:
(1) 
Waive, modify or otherwise vary any of the review and approval procedures of this article; or
(2) 
Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized review board or commission.
B. 
Transferability. Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.
C. 
Authorized review body. Appeals shall be reviewed by the Zoning Board of Appeals (ZBA).
D. 
Burden of proof. The applicant seeking the variance shall have the burden of presenting sufficient evidence to allow the ZBA to reach a conclusion as set forth below as well as the burden of persuasion on those items.
E. 
Application processing.
(1) 
Variance applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.
(2) 
Every variance application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed.
F. 
Public hearing required. A public hearing shall be held by the ZBA prior to issuing a decision.
G. 
Referrals. All referrals shall be made in accordance with § 190-40.6.
A. 
Authorization. A use variance authorizes the use of land for a purpose that is otherwise not allowed or prohibited by this chapter. A finding of unnecessary hardship is required to properly grant a use variance.
B. 
Review criteria. The ZBA shall not grant a use variance without the applicant having shown that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located the following conditions exist:
(1) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; and
(2) 
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; and
(3) 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(4) 
That the alleged hardship has not been self-created.
C. 
Minimum variance allowable. The ZBA, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
A. 
Authorization. An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter. An area variance is one that does not involve a use that is otherwise prohibited by this chapter. A finding of practical difficulty is required to properly grant an area variance.
B. 
Review criteria. In making its determination, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider the following criteria:
(1) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(2) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(3) 
Whether the requested area variance is substantial in relation to the requirement;
(4) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(5) 
Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the board of appeals but shall not necessarily preclude the granting of the area variance.
C. 
Minimum variance allowable. The ZBA, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.