The Town of Lockport allows a variety of uses
of land, provided that such uses do not adversely affect neighboring
properties, the natural environment, or the character of the Town
and its neighborhoods. Many of the uses listed in this chapter are
therefore permitted only upon issuance of a special permit by the
Planning Board in order to ensure that these uses are appropriate
to their surroundings and satisfy performance criteria. Accessory
uses or structures used in connection with a special permit use shall
be subject to the same special permit approval requirements as the
principal structure or use. Special permits are found to be necessary
for those uses which, though intended to be allowed when certain criteria
are met, are not allowed as a matter of right. It is the intent of
this article to determine whether such uses are compatible, desirable,
and allowable on a case-by-case basis. Special uses are only allowed
where the Planning Board makes findings that they meet the criteria
of this article. The burden of establishing that the criteria set
forth in this article have been met shall in all cases be on the applicant.
The terms and conditions of any special permit
may be amended in the same manner as required for the issuance of
a special permit, following the criteria and procedures in this chapter.
Any enlargement, alteration, or construction of accessory structures
not previously approved shall require a special permit amendment.
In granting or denying special permits, the
Planning Board shall take into consideration the purposes of this
article, the scale of the proposed project, the possible impact of
the proposed project on the nearby properties and neighborhoods, architectural
aesthetics of the area, and measures that will mitigate potential
adverse impacts and preserve or enhance the character of the Town,
and the welfare of its citizens.
A. Before granting or denying a special permit the Planning
Board shall make specific written findings as to whether the proposed
project:
(1) Will comply with all provisions and requirements of
this and other local laws and regulations, and will be in harmony
with the purposes of the land use district in which it is located
and with the general intent and purposes of this chapter.
(2) Will be detrimental to adjacent uses.
(3) Will cause undue traffic congestion, unduly impair
pedestrian safety, or overload existing roads considering their current
width, surfacing, and condition and will have appropriate parking
and be accessible to fire, police and other emergency vehicles.
(4) Will overload any public water, drainage, or sewer
system, or any other municipal facility, or degrade any natural resource
or ecosystem.
(5) Will be suitable for the property on which it is proposed,
considering the property's size, location, topography, vegetation,
soils, natural habitat, and hydrology, and, if appropriate, its ability
to be buffered or screened from neighboring properties and public
roads, and its existing and proposed use.
(6) Will result in excessive noise, dust, odors, solid
waste, or glare, or create any other nuisances, and will satisfy the
general land use performance standards of this chapter.
(7) Will adversely affect the aesthetics of the premises
and adjacent properties and the neighborhoods.
(8) Will cause the site to be unduly congested, dangerous,
unattractive to visitors, or unfriendly to pedestrians.
B. The Board shall further find whether the adverse impacts
of the proposed special use can be mitigated to such an extent that
the special use permit should be granted and, if so, what conditions
need be required to achieve such mitigation.
The granting of a special permit shall not supersede
the requirements of the underlying districts in which the premises
is located, including any overlay districts.
Any consideration of a special use permit application
shall be in addition to, and not in lieu of, site plan review. Where
appropriate, the two procedures may be conducted simultaneously, and
public hearings may be held simultaneously.
The Planning Board shall hold a public hearing
as required by Town Law § 274-b. Thereafter, the Planning
Board may approve a special use permit application, may approve a
special use permit application in part, and disapprove in part, approve
a special use permit application with conditions as set forth in its
decision, or may deny a special use permit application. The Planning
Board may base a denial of a special use permit upon inability or
failure to prevent or sufficiently mitigate adverse effects as demonstrated
by the findings of the Board.
This article shall be governed by the provisions
of Town Law § 274-b, except that as to any provision of
this chapter which is in conflict with said law, this chapter shall
supersede said law pursuant to § 10, Subdivision 1(ii)a(1)
and 1(ii)d(3) of the Municipal Home Rule Law.
Fees for special use permit applications shall
be established, from time to time, by the Town of Lockport Town Board.