City of Lockport, NY Supplementary Use Regulations

Applications for building permits in all districts except R-1 and R-2 shall require the submission of a site development plan to the Planning Board. Said plan or plans as submitted are required to show all structures, roadways, pathwalks, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries and any other elements as may be deemed essential by the Planning Board.

Before approving the site plan, the Planning Board shall review and make findings with respect to the following:

Traffic access: that all proposed site traffic accessways are adequate, but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly, and other similar considerations.

Circulation and parking: that the interior circulation system is adequate, and that all required parking spaces are provided and are easily accessible.

Disposal of usable open space: that in accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.

Arrangement of buildings: that adequate provision has been made for light, air, access and privacy in the arrangement of buildings to each other. In the case of residential development, each dwelling unit shall have a minimum of two exterior exposures.

Proper landscaping: that the proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings, unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been in accordance therein, except in a B-2 District.

Supplemental controls for multifamily residential development. In reviewing the proposed site plan for one or more multiple-family structures, the Planning Board will be guided by the following regulations:

Distance between principal buildings.

The front or rear of any principal building shall be no closer to the front or rear of any other principal building than 40 feet.

The side of any principal building shall be no closer to the side, front or rear of any other principal building than 20 feet.

Parking lots. No parking lot should be closer than 25 feet to the front of any principal building nor 10 feet to the side or rear of any building.

Recreation space. Wherever possible there shall be provided on the site of such development an area or areas devoted to the joint recreational use of the residents thereof.

Off-street parking spaces. There shall be provided on the site of such development an area or areas devoted to the storage of automobiles. Two parking spaces shall be provided for each dwelling unit on the site. Parking areas shall contain a minimum of 200 square feet per space, exclusive of driveways. However, when a multifamily structure or main building is constructed in a B-2 Central Business District, there shall be provided either on the site of such development, or adjacent thereto, but not necessarily contiguous thereto, a ratio of off-street parking spaces equivalent to at least one space for every three units of housing space for use by the residents of such multifamily structure.

Landscaping. Where deemed advisable, trees or shrubs shall be provided along all walks and streets, around recreation areas and along the outer property line of the site.

§ 190-101 Neighborhood parking lots in residential districts.

In highly congested areas where there exists very limited or no off-street parking facilities in R Districts, a parking lot may be selected, at the direction of a Special Parking Commission, consisting of the Commander, Traffic Division, Lockport Police Department; Superintendent of Streets; and the Director of Parking and Traffic, Commissioner of Public Works or City Engineer. Recommendations shall be presented to Common Council for approval. The lots will be used by the affected properties to eliminate front yard parking.

No unlicensed or abandoned vehicles are to be parked in neighborhood parking lots.

§ 190-102 Municipally owned parking lots.

The City of Lockport will construct and maintain, at preselected sites in the City of Lockport, New York, municipally owned parking lots for the purpose of providing off-street parking facilities for passenger vehicles only.

The parking lots will be owned and operated by the City of Lockport under the following rules and conditions:

The City of Lockport shall assume no liability, and shall be held harmless for any damage, including but not limited to theft and vandalism to property, or any injury or death to any person in the use of said lots.

No vehicle shall be parked in said lot unless it bears an official sticker issued by the City of Lockport, New York, and said sticker is clearly visible in the lower left hand corner of the rear windshield.

The fee for said official sticker shall be such monthly fee as is fixed by the Common Council; and shall be payable in advance in semiannual installments on January 1 and July 1 of each year.

Said official parking sticker shall not be transferable or assignable to any person, nor shall any refund be payable for the nonuse of a facility.

Any vehicle parked in said lot without an official sticker shall be towed away at the owner's expense and a citation shall be issued. Upon a finding of guilty for such offense, there shall be imposed a fine of $10.

The Superintendent of Streets is hereby authorized to erect the proper and necessary signs in and about said lots; and is further authorized to establish administrative procedures for their maintenance.

Upon approval of an application, a written permit for rental of a parking space shall be issued to the applicant, signed by the Parking Department, and shall be in a form provided by the Parking Department.

§ 190-103 Places of amusement.

The following regulations apply to places of amusement:

Such uses shall be conducted entirely within an enclosed structure.

Off-street parking areas shall be screened from adjoining residential properties in accordance with § 190-96.

A principal structure shall be not less than 20 feet from any property line.

There shall be no offensive noise or vibration; such elements may be omitted only in accordance with the performance standards set forth herein.

No bowling alley or roller-skating rink shall be maintained or operated within 300 feet of an entrance or exit of a public or private school, public library, church, hospital, children's or old people's home or other similar public or semipublic institutions.

§ 190-104 Outdoor recreation facilities.

The following regulations apply to outdoor recreation facilities:

Such uses shall include golf courses, ice-skating rinks, swimming pools and tennis courts.

In any district where permitted, no building shall be located within 50 feet of any property line.

In any district where permitted, there may be permitted retail sales which are clearly secondary to the principal use.

Unenclosed recreational facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential uses in accordance with the provisions of § 190-96.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No public-address system shall be permitted, except where such system is inaudible at any property line.

All commercial outdoor recreation facilities shall not occupy an area of less than 20,000 square feet and shall not be less than 120 feet in width nor less than 150 feet in depth.

All commercial outdoor recreation facilities shall provide suitable off-street parking facilities in accordance with § 190-110.

§ 190-105 Private swimming pools.

Outdoor swimming pools shall include permanent and portable swimming pools, except portable swimming pools which shall be not more than 18 inches in height nor more than 15 feet in length, which shall be accessory to a principal use and shall be regulated as follows:

Shall be erected only on the same lot as the principal structure.

Shall be erected only in the rear yard of such structure and shall be distant not less than five feet from the rear lot line nor less than five feet from any side yard, principal structure or accessory structure attached thereto.

[Amended 3-15-1995]

A four-foot fence with a gate that can be locked shall surround the use.

Such use shall be landscaped in accordance with the provisions of § 190-96.

Such use shall not adversely affect the character of any residential neighborhood.

§ 190-106 Community facilities.

Essential services, enclosed or permanent structures. Such uses shall include electric substations, transformers, switches, and auxiliary apparatus serving a distribution area, and water-pumping stations in R Districts, and shall be subject to the following regulations:

Such facility shall not be located on a residential street, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

The location, design and operation of such facility shall not adversely affect the character of the surrounding area.

Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 190-96.

Noise emitted from electrical substations shall not be greater than permitted in accordance with the performance standards set forth herein.

Essential services, open. Such uses shall be limited to the erection, construction, alteration or maintenance by public utilities of underground or overhead gas, electrical steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities, or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 190-96 shall apply.

§ 190-107 Hospitals, hospital centers and nursing and convalescent homes.

The following regulations apply to hospitals, hospital centers and nursing and convalescent homes:

No building or structure or group of buildings or structures shall occupy a lot area of less than four acres, with a minimum of 200 feet lot width and lot depth of 200 feet. No building or structure shall be located closer than 30 feet from any front lot line, 50 feet from any side or rear lot line. Hospital facilities of 50 beds or less shall comply with all regulations of this section, except that a minimum lot area of two acres, a minimum lot width and depth of 150 feet shall apply. Off-street parking requirements shall be in conformance with the standards established in § 190-110.

All hospital and related facilities which constitute a planned unit development shall also comply with the requirements in § 190-99.

§ 190-108 Retail and manufacturing uses.

Drive-in eating and drinking places. Such businesses, where persons are served in automobiles, shall not be closer than 200 feet to an R District and shall provide ingress and egress so as to minimize traffic congestion. The number and location of curb cuts shall be subject to the approval of the Commissioner of Public Works based upon a review and recommendation by the Planning Board.

Social clubs for members and guests only. Where such uses are permitted, there shall be no harm to adjoining or existing or potential residential development due to excessive traffic generation or noise or other circumstances.

§ 190-109 Mechanical automobile-washing establishments.

In addition to meeting the minimum yard and lot coverage requirements, these establishments shall be subject to the following regulations:

Such establishments shall not be closer than 200 feet to an R District.

Such establishments shall be located on a public street having a pavement width of not less than 36 feet, and shall provide ingress and egress so as to minimize traffic congestion.

Such establishments, in addition to meeting the standard off-street parking and loading requirements of §§ 190-110 through 190-112, shall provide at least 15 off-street automobile waiting spaces on the lot in each moving lane to the automobile-washing building entrance so as to reduce the number of waiting automobiles in the public street.

A drying area apron adequate for eight vehicles shall be provided at the end of the washing line.

Drainage requirements and silt collection plans shall be approved by the Building Inspector.

§ 190-110 Off-street parking.

In all districts in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any new building or structure is erected, paved off-street parking spaces open to the public at no charge for automobiles in accordance with the requirements set forth herein.

Change of use or change in intensity of use. If the use of the building or structure erected on or after the effective date of this chapter is changed to another use which requires more off-street parking spaces than required for the original use, additional off-street paved parking spaces shall be provided in the amount necessary to conform to this section, unless waived by the Planning and Zoning Board.

Size and access. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking areas provided hereunder shall be established for less than three spaces.

There shall be adequate provisions for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than 10 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question, but such easement of access or access drive shall not be located in any R District which shall provide access to uses other than those permitted in such R District.

Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts.

Access to off-street parking areas for 25 or more cars shall be so designed as to provide ingress and egress by right turns only.

Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the Off-Street Parking Schedule (§ 190-111). In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Planning Board, shall apply.

Location of off-street parking. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere, but shall be provided within a radius of no greater distance than 200 feet from that lot, and provided further, that required spaces are provided off the site in accordance with the provisions set forth herein, and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout life of such use, and such spaces shall conform to all regulations of the district in which they are located.

Development and maintenance of parking and loading areas. Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with standards adopted by the Planning Board entitled "Standards for the Development and Maintenance of Off-Street Parking and Loading Areas."

§ 190-111 Off-Street Parking Schedule.

The required number of off-street parking spaces for specific uses is as follows:

Uses	Required Parking Spaces
Bowling alleys	5 for each alley
Churches, schools and colleges	1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater
Community buildings and social clubs	1 for each 200 square feet of floor area
Single- and two-family dwellings	1 for each dwelling unit
Multifamily dwellings	2 for each dwelling unit
Motels, hotels	1 for each family or dwelling unit, plus 1 for each employee or maximum shift
Funeral homes, mortuaries	1 for each 50 square feet of parlor space
Hospitals, nursing and convalescing homes	1 for each 3 beds, plus 1 for each employee on the maximum shift
Boarding- and rooming houses	1 for each 2 sleeping rooms
Manufacturing plants, research laboratories or testing laboratories, bottling plants	1 for each employee on the maximum working shift
Medical or dental clinics and offices	4 for each doctor or dentist, plus 1 for each employee
Restaurants, bars and nightclubs	1 for each for 100 square feet of floor space
Retail stores, store groups, shops, etc.
B-2 District	No requirement
B-1 and B-3 Districts	1 for each 200 square feet of floor space
Sports arenas, auditoriums, theaters, assembly halls	1 for each 3.5 seats
Wholesale establishments or warehouses	1 for each 2 employees in the maximum shift; the total parking area shall be not less than 25% of the building floor area
Offices, general
B-2 District	No requirement
B-1, B-3, B-4 and B-5 Districts [Amended 3-15-1995]	1 for each 300 square feet of floor area

§ 190-112 Off-street loading.

In any district, in connection with every building or building group, or part thereof, thereafter erected and having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing, or commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or unloading berths as follows:

Four thousand to 49,999 square feet: one space.

For each additional 100,000 square feet: one space.

The loading berth required in each instance shall be not less than 12 feet in width, 60 feet in length and 14 feet in height, and may occupy all or any part of any required yard.

§ 190-113 Joint facilities for parking or loading.

Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Planning and Zoning Board in accordance with the purpose and procedures set forth herein.

§ 190-114 Gasoline service stations, parking garages and auto repair shops.

Location of exits and entrances. No gasoline service station, automotive repair shop or parking garage shall have more than two driveways on any one street. No gasoline service station, automobile repair shop or parking garage shall have an entrance or exit for vehicles within 200 feet as measured along the public street in which there exists a school, public playground, church, chapel, convent, hospital or public library. Such access shall be not closer to any street right-of-way intersection than 60 feet. The maximum width of each driveway shall not exceed 30 feet. The location of driveways shall be reviewed and approved by the Planning Board.

Location of gasoline service stations. No gasoline service station shall be within 800 feet of an existing service station.

Location of hydraulic lifts. All hydraulic lifts shall be located within an enclosed structure.

Gasoline pumps. Gasoline service stations shall have their gasoline pumps, including other service facilities, set back at least 20 feet from any street right-of-way line.

Drainage pits. Drainage pits are prohibited.

Parking of vehicles. No parking will be permitted as a parking lot.

§ 190-115 Junkyards and automobile wrecking yards.

Junkyards shall not be allowed within the City limits of Lockport.

Automobile wrecking yards shall be allowed within the City limits of the City of Lockport in an 1-3 Heavy Industrial District only, subject to the permission of the Lockport Planning and Zoning Board of the City of Lockport and also subject to the Lockport Planning and Zoning Board's rules and regulations now or hereafter promulgated with respect to screening, smoke and noise abatement and other appropriate environmental considerations. The Lockport Planning and Zoning Board's denial of permission shall be deemed final. No automobile wrecking yard permit shall be issued, except in accordance with General Municipal Law § 239-m, as now or hereafter amended.

§ 190-116 Mobile homes and travel trailers.

No mobile home designed for year-round occupancy and designed to be used for human habitation shall be stored or parked in the City of Lockport, except that such mobile home may be stored or parked in a mobile home park or inside a public or private garage or a salesroom or parked in the open on an improved lot for sales purposes at least 30 feet back from any street right-of-way.

Notwithstanding the above, construction trailers may be permitted on construction sites, upon approval of the Building Inspector.

Seasonal travel trailers may be permitted to be parked in the open on an improved lot, subject to a permit by the Zoning Board of Appeals. The seasonal travel trailer shall not be used for living purposes and shall not be located in the front yard of the lot, and it shall be stored in an inconspicuous place.

§ 190-117 Mobile home parks.

Mobile home parks, when authorized by the Planning and Zoning Board, shall be permitted in the R-3 District. All mobile home parks planned as a unit shall be located on tracts of land at least 50 acres in size. Such mobile home parks shall comply with any requirements of the State of New York for mobile home parks and with the following additional regulations:

Individual mobile home lots located in a mobile home park shall contain at least 5,000 square feet of lot area.

No mobile home shall be located closer than 100 feet to any property line defining the external boundary of the court.

The minimum side clearance between any two adjacent mobile homes shall be 20 feet.

Roadway or area lighting shall be reflected away from adjoining properties and major thoroughfares.

The business of sale of mobile homes from a mobile home park shall be prohibited if located in a residential district.

Individual tenants at the mobile home park may construct attached enclosures to individual mobile homes, provided that such enclosures do not exceed 50% of the floor area of the mobile home. Individual land use permits shall be required for such enclosures in each case.

A plot plan must be approved by the Planning and Zoning Board.

§ 190-118 Enumeration of permitted special uses.

Special uses in individual districts shall be as set forth below:

R-1 Single-Family Residential District:

Essential services and public utility structures.

Cluster development.

Planned unit development.

Private schools.

Hospitals.

Municipal buildings.

Institutions of higher education.

(h)

Churches.

R-2 Two-Family Residential District:

All special uses permitted in the R-1 Residential District.

Nursing homes.

Sanitariums.

R-3 Multifamily Residential District:

Any special uses permitted in the R-2 Residential District.

Multifamily structures over three stories or 35 feet in height.

Inside parking of private vehicles where said vehicles are stored within the principal residential structure.

Mobile home parks.

B-1 Neighborhood Business District:

Automobile service stations.

Essential services.

Social halls, lodges and fraternal organizations.

Dry-cleaning and clothes-pressing establishments.

Saloons and bars serving alcoholic beverages.

Outdoor storage and display.

(g)

Professional and business offices.

B-2 Central Business District:

Billiard and pool parlors.

Bowling alleys, skating rinks and other commercial recreation uses.

Funeral homes and mortuaries.

Garages and gasoline service stations.

Billboards and freestanding signs.

Any special use permitted in the B-1 District.

B-3 General Business District:

Drive-in restaurants.

Outdoor storage.

Billboards and freestanding signs.

B-4 Office Business District:

Medical clinics.

(8)

I-1 Light Industrial — Research District:

Any use which may not, in the opinion of the Planning Board, create a situation detrimental to the purpose of this district.

Uses requiring limited production of a product.

(9)

I-2 Light Industrial District:

Uses having need for outdoor storage of goods and materials.

Billboards and freestanding signs.

(10)

I-3 Heavy Industrial District:

Billboards and freestanding signs.

(11)

RA Reserve Area:

Parks, golf courses, athletic fields and other similar uses.

Essential services.

Land reclamation operations other than refuse and garbage landfill.

Cemeteries.

Permitted special uses, as enumerated above, shall be permitted only upon authorization by the Planning Board and Common Council, provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in this chapter.

[Amended 3-15-1995]

That the use is a permitted special use as set forth in Subsection A hereof.

That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

That the use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.

That adequate landscaping and screening is provided as required herein.

That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for large-scale developments.

Special use permits.

[Added 10-7-1987; amended 9-7-1988]

In addition to the above, the Common Council of the City of Lockport may grant special use permits in residential, business and industrial use districts in the City to permit business use which meets all requirements enumerated in Subsection B(2) through (7) and the following conditions:

No change in character of neighborhood.

No excessive noise or disturbance of neighborhood.

No appreciable change in traffic.

No outside storage of materials.

Special permits can be indefinite or limited to a specific time.

The special permits shall go to the applicant only and shall terminate on his sale or transfer of the property, and further they terminate if the use permitted is abandoned for more than one year or if any of the conditions enumerated herein have changed and, in the discretion of the Common Council, make such use unsuitable.

An application for a special permit shall comply with the site plan requirements of this chapter and include a statement describing the proposed use. The application shall be reviewed by the Planning Board, which shall give its recommendation to the Common Council and Mayor. Upon completion of a public hearing on the application, the Common Council may deny or grant the special permit with the attachment of any conditions which, in its opinion, are necessary to protect the health, safety and welfare of the people of the City of Lockport, and the violation of any such condition shall result in grounds to terminate the permit or shall result in grounds for denial of any application for extension of the permit.

An application for a special use permit shall be accompanied by a fee of $100. An annual renewal fee thereafter of $50 on the anniversary date of the special use permit shall be paid.

[Added 3-20-1991]

§ 190-119 Extraction of stone, sand and gravel.

Extractive operations shall not be conducted closer than 300 feet to the adjacent property. A location map which shows land to be quarried or mined and the location of adjacent properties, roads and natural features shall be filed with the Building Inspector. A plan for the restoration of the land, including anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, steps which will be taken to conserve the topsoil, and the location of future roads, drainage courses or other improvements contemplated shall be submitted to the Planning Board for approval. Upon approval of the plan, the Building Inspector shall issue a use permit for a period of two years. Application for renewal of the permit shall be made to the Planning Board. The Building Inspector shall extend the permit from year to year if the Planning Board finds that restoration of the landscape is proceeding at a pace commensurate with the earth-removal operations.

§ 190-120 Conversions.

Conversions of residential structures to a higher density shall be permitted in the R-2, R-3 and B-4 Districts in accordance with the following provisions:

In residential districts, conversions are permitted, provided that:

There shall not be more than the maximum number of dwelling units than are permitted in the respective districts.

Such conversions may be permitted on lots of not less than the minimum required for the district where situated.

Off-street parking shall be provided in an amount of not less than two spaces for each dwelling unit in accordance with the provisions of § 190-110 hereof.

All provisions of the State Multiple Residence Law are met.

Any building, residential or otherwise, existing at the time of this chapter, being altered in any manner for occupancy by two or more families, shall provide at least 600 square feet of living space, exclusive of basement, cellar or storage area, for each family unit, and there shall be at least 1,700 square feet of lot area for each family unit. Off-street parking requirements (§ 190-111) shall also apply.

Nondwelling structures. No commercial or manufacturing structure originally designed for other than a residential use shall be converted to a dwelling structure, nor shall any such structure which was so converted prior to the adoption of this chapter be further converted to provide for additional dwellings.

§ 190-121 Home occupations.

Home occupations are permitted on a temporary, one-year renewable basis. Applications therefor must be made to the Planning Board prior to any activity being undertaken. Any permit issued may be extended by the Planning Board if the home occupation has not been operated in violation of this chapter, or contrary to any additional restrictions imposed upon it at the time of the original approval. On the anniversary date that original approval was granted, or within 30 days thereof, the operator of the home occupation shall appear before the Planning Board for review of the business operation. At this time, the home occupation may be renewed or terminated, by a majority vote of the Board members present. If the operator of the home occupation fails to appear before the Board at the appointed time, or the Board takes no action, the home occupation is automatically terminated.

Permitted home occupations in any dwelling unit are non-transferable and may be operated only if they comply with all the following conditions:

Where permitted. Home occupations are permitted within a single dwelling unit, or in a building or other structure accessory to a dwelling unit and only by the person or persons maintaining a dwelling therein.

[Amended 7-19-1989]

Evidence of use. The home occupation does not display or create outside the building any evidence of the home occupation.

Extent of use. The home occupation does not utilize more than 20% of the gross floor area of the dwelling unit.

Permitted uses. Permitted uses include only uses that are clearly incidental and secondary to the use of the dwelling unit for residential purposes. No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference.

Parking. For home occupation use, parking shall conform in general to the Off-Street Parking Schedule (§ 190-111) for similar uses or as determined by the Planning Board.

No application for a home occupation shall be submitted directly to the Planning Board, but it shall be submitted first to the Chief Building Inspector. Upon Planning Board approval, the applicant shall present his signed acceptance of the home occupation along with the fee of $100 to the Building Department. An annual fee thereafter of $50 on the anniversary date of the home occupation shall be paid.

[Added 12-5-1984; amended 3-20-1991]

There is no change in the character of the neighborhood.

[Added 7-19-1989]

(8)

There is not excessive noise or disturbance of the neighborhood.

[Added 7-19-1989]

(9)

There is no appreciable change in traffic.

[Added 7-19-1989]

Other standards. The Planning Board is authorized and directed to adopt as part of its rules and regulations additional standards for the evaluation of home occupation applications. Such standards are to be supplementary only, at least as strict, and not in derogation of conditions or standards otherwise set forth in this chapter or any other adoption or enactment of the Common Council. The Planning Board may adopt supplementary standards which are similar to those contained in the applicable provisions of earlier ordinances.

Notification. The Planning Board shall cause one notice, setting forth the time, place and purpose of the hearing, the name of the applicant, nature of the application and description of the property involved, to be sent by regular mail by depositing same in a plain, sealed envelope addressed to the last known address of all owners of "affected property," defined as property located within an area bounded by lines drawn parallel to and a distance of 200 feet from the property lines of the applicant at least eight days before the hearing. The most recent assessment roll of the City of Lockport shall be used to determine the identity of the owners of such property.

Penalties. In the event that any home occupation is expanded or changed contrary to this chapter, or in violation of the rules or regulations imposed by the Planning Board, said home occupation will be automatically terminated. Violations may be subject to a fine or imprisonment, or both, as outlined in other sections of this chapter.

§ 190-122 Motels and bed-and-breakfast residences.

Motels.

The minimum lot area for a motel shall be two acres.

Each rentable unit shall have one room with not less than 150 square feet of floor area and a bathroom of not less than 25 square feet of floor area.

Accessory uses may be permitted on the same lot as the motel and may include a swimming pool, motel office, eating facilities for the guests and permanent living quarters for one family.

Lot dimensions.

Minimum lot area: two acres.

Minimum lot width and depth: 200 feet each.

Minimum yard requirements:

[1]

Front yard: 50 feet.

[2]

Rear yard: 30 feet.

[3]

Side yard: 30 feet (each).

One motel unit may be permitted for every 700 square feet of lot area.

Bed-and-breakfast residence.

[Added 5-4-1988]

Bed-and-breakfast residences are permitted under a special use permit on a temporary one-year-renewable basis.

Permitted bed-and-breakfast residences are nontransferable and may be operated only if they comply with the following conditions:

There shall be no more than three rooms occupied in the residence.

The minimum square footage of each room shall be 120 square feet.

The quarters to be utilized by the guest or the occupants of the premises shall not be permitted in any accessory structure.

The use by guests shall be no longer than seven consecutive calendar days.

The serving of meals to paying guests shall be limited to breakfast.