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Common Council
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Last Updated: Nov 6th, 2008 - 09:03:11 |
CITY OF LOCKPORT
CORPORATION PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record
September 17, 2008
6:00 P.M.
Mayor Michael W. Tucker called the meeting to order.
ROLL CALL
The following Common Council members answered the roll call:
Aldermen Kibler, Pasceri, Alexander, McKenzie, Schrader, and Lombardi.
RECESS
Recess for public input.
091708.1 APPROVAL OF MINUTES
On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of September 3, 2008 and the Special Meetings of September 8th and September 12th, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 6. Carried.
PUBLIC HEARING
The Mayor announced a public hearing on a proposed local law to amend the Zoning Ordinance, Article XVII Sign Regulations of the Lockport City Code.
The Mayor asked the City Clerk if any petitions or communications relative to said local law have been received.
Recess for public input.
The Mayor closed the public hearing.
FROM THE CITY CLERK
The Clerk submitted payrolls, bills for services and expenses, and reported that the Department Heads submitted reports of labor performed in their departments.
Referred to the Finance Committee.
Communications (which have been referred to the appropriate City officials)
9/9/08 Charlene Seekins-Smith, Chairman, Lockport Planning and Zoning Board – recommends approval of a request for a Special Use Permit made by Tammy L. Bundrock to operate a hair salon on first floor of building with the second floor to be utilized for office space at 242 South Transit Street situated in an R-1 Zone. Referred to the Committee of the Whole.
9/10/08 Ronald Gunby, Sunrise Optimist Club of Lockport – request to use Kibler Park for a Cross Country event on Columbus Day, Monday, October 13, 2008. Referred to the Committee of the Whole.
9/10/08 Steven J. Doleski, Regional Permit Administrator, NYS DEC, Division of Environmental Permits, Region 9, 270 Michigan Avenue, Buffalo, NY – notification that the Historic Restoration of the Flight of Five Locks Project will require a dam safety permit as it has been determined that the locks are considered to be a “B” hazard dam (intermediate hazard). Referred to the Director of Engineering and the Committee of the Whole.
Notice of Defect:
8/26/08 252 Niagara Street, Lockport, NY - tree
9/2/08 60 Adam Street, Lockport, NY – trees
Referred to the Highways & Parks Department.
MOTIONS & RESOLUTIONS
091708.2
By Alderman Kibler:
Resolved, that the Mayor and City Clerk be authorized to issue orders in favor of the claimants for payrolls, bills, and services to be paid on September 19, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 6.
091708.3
By Alderman Kibler:
Resolved, that claims authorized for payment by the Director of Community Development, and subsequently paid from the Community Development Escrow Account, be and the same are hereby approved.
Seconded by Alderman Alexander and adopted. Ayes 6.
091708.4
By Alderman Lombardi:
Resolved, that the Mayor, subject to Corporation Counsel approval, is hereby authorized to enter into an agreement with Health Economics Group, Inc. for Medicare Part D prescription coverage benefits. Cost of same to be charged to the water, sewer and general fund medical insurance appropriation accounts.
Seconded by Alderman McKenzie and adopted. Ayes 6.
091708.5
By Alderman Lombardi:
Resolved, that a public hearing be held on Monday, October 6, 2008 starting at 6:00 p.m. in the Common Council Chambers, Lockport Municipal Building, One Locks Plaza, Lockport, NY for the purpose of allowing citizens to be heard relative to the proposed 2009 City tax budget, and be it further
Resolved, that the City Clerk is hereby authorized and directed to advertise notice of said public hearing.
Seconded by Alderman Schrader and adopted. Ayes 6.
091708.6
By Alderman Schrader:
Whereas, the City of Lockport has been ordered by the NYS DEC to engage a consultant to perform a unit by unit analysis of the maintenance and capital improvement needs at the Waste Water Treatment Plant, and
Whereas, the Director of Engineering has received three estimates of cost for this analysis from:
Wendel Duchscherer $13,500.00
Clough Harbour & Associates $ 4,900.00
Stearns & Wheler $ 4,300.00
and,
Whereas, the Director of Engineering makes recommendation to engage Stearns & Wheler as the lowest responsible bidder, now, therefore, be it
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with Stearns & Wheler for WWTP Unit by Unit analysis at a cost of $4,300.00 to be charged to account #003-8130-0434.
Seconded by Alderman Kibler and adopted. Ayes 6.
By Alderman Kibler:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman McKenzie and adopted. Ayes 6.
091708.7
By Alderman Schrader:
Resolved, that the following local law is hereby adopted:
City of Lockport
Local Law No. 5 of the year 2008
A LOCAL LAW RELATIVE TO amending the Lockport Code Chapter 190 Zoning, Article XVII Sign Regulations.
BE IT ENACTED by the Common Council of the City of Lockport, New York, as follows:
Legislative Intent.
The intent of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed signs of all kinds. It is intended to protect property values, restrict visual blight and enhance the appearance of the community. It is further intended to reduce the hazards that may be caused by advertising obstructions and distractions.
§ 190-123. Definitions.
As used in this Article, the following terms have the meanings indicated:
ABANDONED SIGN — A sign that no longer correctly directs or exhorts a person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed.
ACCESSORY SIGN — Any sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
A-FRAME SIGN - A portable sign of solid construction, connected at the top and angled down on either side in the shape of an “A,” usually with advertisement on two sides; also called a “sandwich board sign.”
ADVERTISING SIGN — A sign which advertises goods, products or services only. It does not include identification of the location, owner or tenant providing the goods, product or service.
ANIMATED SIGN — Any sign which includes action or motion. For purposes of this Article, this term does not refer to flashing, changing or indexing, all of which are separately defined.
AREA OF SIGN — The area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame, forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one (1) section or module, all areas will be totaled. Any irregularly shaped sign's area shall be computed using the actual sign face surface. (See appendix I and II)
AWNING SIGN - Advertising displayed on an overhanging structure supported with braces that attach to the main building and that projects over a walkway for weather protection.
BACKGROUND AREA— The entire area of a sign on which copy could be placed, as opposed to the copy area, when referred to in connection with fascia or wall signs.
BANNER SIGN — A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
BILLBOARD SIGN - A sign that exceeds 60 square feet in area, usually located alongside a roadway.
BUILDING SIGN - A sign lettered to give the name of a building itself, as opposed to the name of occupants or services.
BULLETIN BOARD - A sign erected by a religious or nonprofit organization to identify itself and announce anticipated programs and events.
BUSINESS ESTABLISHMENT - A mercantile building or portion thereof in which a business is conducted.
BUSINESS SIGN — A sign that directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
CANOPY - A roof-like covering of metal or other rigid material, which extends from the wall of a building, protecting an entrance or loading dock.
CHANGEABLE COPY SIGN (MANUAL) — A sign on which copy is changed manually in the field, i.e. reader boards with changeable letters or changeable pictorial panels.
CHANGING SIGN (AUTOMATIC) — A sign such as an electronically or electrically controlled public-service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.
COMMERCIAL EVENT SALES - Activities conducted by existing and permitted commercial, retail and similar uses, located within the commercial and major arterial zones, which utilize space outside of an approved commercial/retail building, in the required yard space and/or parking facilities of such buildings. Such sales shall include but not be limited to sidewalk sales, tent sales, grand openings, going out of business sales, holiday sales and similar activities.
COMMERCIAL SIGN DISTRICT - shall include the area of land described on the City of Lockport Zoning Map as Sections, B-1 Neighborhood Business District,
Article VII of Chapter 190 of the City of Lockport Code; B-3 General Business District, Article IX of Chapter 190 of the City of Lockport Code; I-1 Light Industrial District, Article XI of Chapter 190 of the City of Lockport Code; I-2 Light Industrial District, Article XII of Chapter 190 of the City of Lockport Code and I-3 Heavy Industrial District, Article XIII of Chapter 190 of the City of Lockport Code.
CONSTRUCTION SIGN - A temporary sign erected on the premises on which the construction is taking place, during the period of such construction, indicating the names of architects, engineers, landscape architects, contractors and similar artisans and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the project.
COORDINATED SIGN PLAN - Sign plan of like signs for multiple use developments (i.e. Strip plazas, multi-tenant business occupancies).
COPY (PERMANENT AND TEMPORARY)— The wording on a sign surface, either in permanent or removable letter form.
COPY AREA — The area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. For fascia signs, the "copy area" limits refer to the message, not to the illuminated background. (See appendix I and II)
DETACHED-SIGN--"freestanding sign" or "ground sign."
DIGITAL SIGNS - Electronic displays that are installed in public places.
DIRECTIONAL SIGN - A sign commonly associated with and limited to information and directions necessary and convenient for persons coming on the property, including signs marking entrances, parking areas, one-way driveways, rest rooms, pickup and delivery areas, drive-through ATM machines and hours of business.
DIRECTLY ILLUMINATED SIGN—Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
DIRECTORY SIGN - A sign located on premises used to direct traffic to a business. Such signs shall be exempt from the permit requirements of this chapter but shall not exceed two square feet per side with a maximum of three (3) sides.
DOWNTOWN BUSINESS DISTRICT - shall include the area of land described on the City of Lockport Zoning Map as Sections, B-2 Central Business District, Article VII of Chapter 190 of the City of Lockport Code and B-5 Business District, Article XA of Chapter 190 of the City of Lockport Code.
ELECTRIC SIGN — Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.
EMBELLISHMENT— Letters, figures, characters or representations in cutouts or irregular forms or similar ornaments attached to or superimposed upon the sign.
ENTERPRISE - any business activity having an address within the City of Lockport.
ERECT - Includes build, construct, alter, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs.
EXEMPT SIGNS — Signs exempted from normal permit requirements.
FACE OF SIGN — The entire area of the sign on which copy could be placed (See appendix I and II).
FASCIA SIGN or WALL SIGN — A sign attached to or erected against a wall of a building, with the face horizontally parallel to the building wall.
FINISHED GRADE LEVEL - The natural surface of the ground or the surface of the ground after completion of any change in contour.
FLASHING SIGN — Any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source, Automatic changing signs such as public-service time, temperature and date signs or electronically controlled message centers are classified as "changing signs" not "flashing signs".
FREESTANDING SIGN - Any sign not attached to or part of any building, but separate and permanently affixed by any other means in or upon the ground.
GOVERNMENTAL SIGN - A sign erected and maintained pursuant to and in discharge of any governmental function or required by any general law, local law or governmental regulation.
GROUND SIGN— A sign erected on a freestanding frame, mast or pole and not attached to any building, (See "detached sign" or "freestanding sign").
HEIGHT OF SIGN— The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb, other than an elevated roadway, which permits the greatest height of the highest point of said sign (See appendix II).
HORIZONTAL SIGN - A sign placed on an existing signboard, the height of which is narrower than its width and projecting no more than six inches from the building structure.
IDENTIFICATION SIGN— A sign that is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution or the occupancy of the person.
ILLUMINATED SIGN - Any sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light. Such light, when permitted, shall conform to all requirements of the National Board of Fire Underwriters whether it be lit directly or indirectly.
INCIDENTAL SIGN - A sign pertaining to goods, products, services or facilities which are available on the premises where the sign is located.
INDEXING— Turning and stopping action of the triangular vertical sections of a multi-prism sign designed to show three (3) messages in the same area.
INDIRECTLY ILLUMINATED SIGN — Any sign which reflects light from a source intentionally directed upon it, for example, by means of floodlights, gooseneck reflectors or externally mounted fluorescent light fixtures.
INDIVIDUAL LETTER SIGN — Any sign made of self-contained letters that are mounted on the face of a building or on top of or below a marquee.
LIGHTING DEVICE - Any light, string of lights or group or movement of lights located or arranged so as to cast illuminated on and draw attention to a sign or to a person, activity or business.
LINTEL— In this context, the line above the display windows and below transom windows, if any, on a store [usually approximately nine (.9) feet zero (0) inches from grade].
LOGO - A distinctive identifying symbol adopted by a company, business establishment or other enterprise, which symbol effectively distinguishes the adopting entity from all other competing establishments of a similar nature.
MAINTAIN — To permit a sign, structure or any part of each to continue or to repair or refurbish a sign, structure or any part of either.
MAJOR ARTERIAL SIGN DISTRICT – shall include the area of land described on the City of Lockport Zoning Map as B-2 Central Business District, Article VII, of Chapter 190 of the City of Lockport Code and B-3 General Business District, Article IX, of Chapter 190 of the City of Lockport Code on South Transit Street only.
MANSARD ROOF - That side of a roof having a double slope, the lower slope being much steeper, on all four sides.
MARQUEE SIGN- A sign attached to the face of a marquee and not projecting above or beneath said marquee face. A marquee is a permanent roof-like structure that projects from the wall of a building and may overhang the public way.
MESSAGE – The wording or copy of a sign.
MOBILE SIGN - A sign that can be transported to various locations. This definition shall include signs on vehicles that may not be placed so as to act as a permanent sign and/or temporary sign.
MONUMENT SIGN - A permanent sign of solid construction with architecturally complimentary pillars or posts supporting a sign/advertisement area between said posts or pillars.
MULTI-PRISM SIGN— Signs made with a series of triangular vertical sections that turn and stop or index to show three (3) pictures or messages in the same area.
NAMEPLATE — A non-electric sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. If any premises include more than one (1) occupant, "nameplate" refers to all names and occupations or professions as well as the name of the building and directional information.
NEON WINDOW SIGN - A sign that incorporates illumination through the use of neon-type gas or similar material.
NONACCESSORY SIGN— Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
NONCONFORMING SIGN (LEGAL) — Any advertising structure or sign which when lawfully erected and maintained prior to such time as it came within the purview of this Article and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Article or a nonconforming sign for which a special permit has been issued.
NONELECTRIC SIGN — Any sign that does not contain electrical wiring or is not attached or intended to be attached to an electrical energy source.
OFF-PREMISES SIGN (OFF-SITE SIGN) — A sign that advertises goods, products, services or facilities or directs persons to a different location from where the sign is installed.
OUTDOOR ADVERTISING SIGN (OFF-SITE SIGN) — Outdoor advertising signs which advertise goods, products or services not sold on the premises on which the sign is located, are of three (3) main types:
A. Poster panels or bulletins normally mounted on a building wall or freestanding structure with advertising copy in the form of pasted paper.
B. Multi-prism signs, same as above, and alternating advertising messages on the one (1) display area.
C. Painted bulletins, where the advertiser's message is painted directly on the background of a wall-mounted or freestanding display area.
PENNANT - A length of fabric or similar material suspended from overhead upon which a message is imprinted.
PERMANENT SIGN - Any sign that is erected for the life of business activities at a given location for at least 60 days.
PERMITTED BUILDING - Any building which has received a certificate of occupancy from the Building Department for its current use.
PLAZA - Two or more retail businesses and/or commercial operations having one or more common walls or utilizing the same parking area or areas, access ways or outdoor lighting systems.
POLE SIGN - Any sign that is attached to a pole or similar structure that conforms with the construction and maintenance section of this chapter.
POLITICAL SIGN - A temporary sign announcing or supporting one or more political candidates or issues in anticipation of any national, state or local election.
PORCH - A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually roofed and general open-sided. It may be screened or glass-enclosed.
PORTABLE SIGN — Any sign not permanently attached to the ground or building.
PORTICO - A porch or covered walk consisting of a roof supported by columns.
PRIMARY SIGN - Any sign related to a business or activity conducted or a commodity or service sold or offered for sale upon the premises where the sign is located. The primary sign shall be the most predominantly featured for advertising purposes. Only one primary sign shall be allowed to be placed on any permitted building per business.
PRIVATE SALE SIGN - A temporary sign advertising the sale of personal property at house sales, garage sales, rummage sales and the like.
PROFESSIONAL OFFICE DISTRICT – shall include the area of land described on the City of Lockport Zoning Map as Section B-4, Office Business District, Article IX of Chapter 190 of the City of Lockport Code.
PROJECTING SIGN - A sign which is wholly dependent upon a building for support and which projects perpendicular more than twelve (12) inches from such building.
PUBLIC SERVICE INFORMATION SIGN - Any sign intended primarily to promote items of general interest to the community such as time, temperature and date, atmospheric conditions, news or traffic control, etc.
REAL ESTATE OR PROPERTY FOR SALE, RENT OR LEASE SIGN — Any sign pertaining to the sale, lease or rental of land or buildings.
RIGHT-OF-WAY - Any state, county or town owned land for the purposes of public transportation or county uses.
ROOF - The cover of a building, including the roofing, and all other material and construction (such as supporting members) necessary to carry and maintain it on the walls or uprights.
ROOF SIGN — Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
ROTATING SIGN — Any sign or portion of a sign which moves in a revolving or- similar manner, but not including multi-prism indexing signs.
SEASONAL OR HOLIDAY SIGNS— Signs such as Christmas decorations or those used for a historic holiday and installed for a limited period of time.
SECONDARY SIGN – An additional sign related to a business or activity conducted or commodity or service sold or offered for sale upon the premises where the sign is located.
SIGN - Any identification, description, illustration, device or other material or materials or part thereof, whether illuminated or not illuminated, upon which lettering or pictorial matter is placed for the display of any advertisement, announcement, notice, directional matter, name, picture, logo, insignia, graphic images, or designs whether painted, lettered or colored, which directs attention to a product, service, place, activity, person, institution, business or solicitation.
SIGNBOARD - A board bearing a sign or notice; a single sign advertising one business enterprise, or multiple signs on a continuous signboard advertising more than one business enterprise at a location.
SIGN, ELECTRONIC MESSAGE - An exterior computer programmable sign capable of displaying words, symbols, figures or picture images that can be altered or rearranged by remote or automatic means without altering the face or surface of the sign. Typically these signs utilize “LED” or (light emitting diodes), plasma or LCD technology to produce the character and graphics of the display. Electronic message sign types are further defined and subdivided into the following categories:
OUTDOOR NUMERIC DISPLAY - An electronic message sign which singular function is only capable if displaying numbers and letters in a static mode only.
SEMI-OUTDOOR - An electronic message sign located within the physical enclosure of a building structure but visible from the exterior. These signs are typically located under a building canopy or roof line, or behind a glazed storefront or window opening allowing exposure to outside public view.
SIGN, TIME/TEMPERATURE DISPLAY - A sign that only displays time and/or temperature and can only operate for that specified purpose.
SIGN, ELECTRONIC MESSAGE OPERATIONAL MODES - the operational modes applicable to electronic message signs are defined as follows:
FADE - a mode of message transition on an electronic message sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
FRAME - a complete, static display on an electronic message sign.
FRAME EFFECT - a visual effect on an electronic message display applied to a single frame to attract the attention of viewers.
FREQUENCY/TRANSITION - a visual effect used on an electronic message display to change from one message or display to another.
MULTIMEDIA DISPLAY - visual display or advertisement achieved through the means of changeable photographic of video imaging.
SCROLL/TRAVEL - a mode of message transition on an electronic message sign where the message appears to move vertically or horizontally across the display surface.
STATIC DIGITAL DISPLAY - A stationary operational mode in which the image displayed has no movement and remains static for a period of time exceeding twenty seconds.
SIGN FACE AREA - The entire area within the single, continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure or similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed.
SIGN PLAN - A diagram or drawing, prepared to scale, showing the sign and its placement upon the building or property.
SIGN STICKER - A sticker affixed either to the face or the channel of a sign visible from the street denoting the name of the manufacturer or designated servicing company for the purpose of identification by city officials in a practical manner.
SIGN STRUCTURE — Any sign other than a business, non-accessory, identification sign, including but not limited to traffic signs.
SILL - The horizontal bottom member of a window frame or other frame.
SPECIAL EVENT - Community-wide events not otherwise associated with a commercial entity. Such activities shall include but not be limited to craft fairs, trade shows, circus or carnival events, holiday or seasonal events, parades, demonstrations and other similar community-side attractions/events.
SPECIALITY SIGN - A sign not otherwise defined in this chapter requiring review and approval by the Planning Board.
SUBSIGN - On a sign advertising more than one enterprise, that portion dedicated to any single enterprise.
SWINGING SIGN — A sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.
TEMPORARY SIGN - A sign which is designed to announce a special event or activity, erected on any premises and which is intended to be removed upon the conclusion of the special event or activity.
TEMPORARY WINDOW OR BUILDING SIGN — A sign painted on the interior of a window or constructed of paper, cloth or other like material and attached to the interior side of a window or displayed on the exterior of a building wail in order to direct the attention of persons outside the building to a sale of merchandise or a change in the status of the business.
TRADEMARK - A device pointing distinctively to the origin or ownership of merchandise to which it is applied and legally reserved to the exclusive use of the owner as marker or seller.
UNDER-CANOPY OR MARQUEE SIGN— A sign suspended below the ceiling or roof of a canopy or marquee.
UNLAWFUL SIGN— A sign which contravenes this Article or which the Administrator may declare unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment or a nonconforming sign for which a permit required under a previous code was not obtained.
VEHICLE SIGN - A sign on a vehicle not customarily and regularly used to transport persons or properties.
WALL SIGN OR FASCIA SIGN — A sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.
WALL - A structure that serves to enclose or subdivide a building, usually presenting a continuous surface except where penetrated by doors, windows and the like; also, a work or structure of stone, brick or other material and intended for security or to be a solid or permanent fence to enclose a side or sides of property.
WARNING SIGN - Signs limited to messages of warning, danger or caution.
WINDOW GLASS AREA - The total glass area of the window located on the same building side and floor as the window sign, excluding any glass within a door frame and any glass not parallel to the property line.
WINDOW SIGN - A non-structural sign affixed to or painted on the glass or interior apart from the glass in such a manner as to be legible from the exterior of a window or door or any other sign inside the building containing a message legible from the public right-of-way or adjacent property clearly intended for public recognition outside the building.
§ 190-124. Permit required; indemnification; inspections; maintenance.
A. Permit required. Except as otherwise provided in this Article, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the Code Administrator as required by this Article. These directives shall not be construed to require any permit for a change of copy on any changeable copy sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this Article on the date of its adoption unless and until the sign is altered or relocated.
B. Indemnification for sign installation and maintenance. All persons engaged in the business of installing or maintaining signs which involves, in whole or part, the erection, alteration, relocation or maintenance of a sign or other sign work in or over or immediately adjacent to a public right-of-way or public property so that a portion of the public right-of-way or public property is used or encroached upon, and the sign installer, shall agree to hold harmless and indemnify the city, its officers, agents and employees from any and all claims of negligence resulting from the erection, alteration, relocation, maintenance of a sign or other sign work insofar as this Article has not specifically directed the placement of a sign.
Insurance. Security shall be made in a manner and amount satisfactory to the Common Council, in the event that the sign will project over or above any public walkway, driveway or road, to protect the City of Lockport from any and all claims for damages or injuries caused to persons or property by such sign. Minimum liability to be $1,000.000.00 with the City of Lockport to be named as additional insured.
C. Inspections.
(1) The person erecting, altering or relocating a sign shall notify the Code Administrator upon completion of the work for which permits are required
(2) All freestanding signs shall be subject to inspection by the Code Administrator
D. Maintenance. Every sign in the city, including but not limited to those signs for which permits or for which no permits or1 permit fees are required, shall be maintained in good structural condition at all times The Code Administrator shall inspect and have the authority to order-the painting, repair, alteration or removal of signs which become dilapidated or are abandoned or which constitute a physical hazard to the public safety.
E. Signs declared unlawful. The Code Administrator may declare any sign unlawful if it endangers public safety by reasons of inadequate maintenance, dilapidation or abandonment. Any such declaration shall state the reasons of the Code Administrator for stating that the sign constitutes a safety hazard to the general public, Any sign owned, kept, displayed or maintained by any person within the city, the ownership, keeping or display of which is unlawful, pursuant to the provisions of this Article, is hereby declared to be in violation of this Article The Code Administrator may declare any such sign to be unlawful, and such declaration shall state in writing the reason or reasons why such sign and the keeping, owning, maintenance, construction and display or operation thereof is unlawful under' the terms of this Article.
§ 190-125. Location of signs.
A. All permanent signs within the City of Lockport must maintain a setback as determined by applicable district.
B. No sign shall project into the public right-of-way nor be placed, painted or drawn upon trees, utility poles, light poles or standards.
§ 190-126. Application, Issuance and revocation of permit.
Application for the permit shall be made in writing, in duplicate, upon forms prescribed and provided by the Code Administrator and shall contain the following information:
A. The name, address and telephone number of the applicant.
B. Every application for a sign permit shall be accompanied by plans to scale with colors showing the dimensions of the sign, the structure supporting the sign, the position of the sign in relation to nearby buildings or structures, the location of the building structure or lot to which or upon which the sign is to be attached or erected, the method of illumination, if any, and such other information including landscaping as the Department of Building Inspection shall require to show full compliance with this and all other laws and ordinances of the City of Lockport.
C. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected in the event that the applicant is not the owner thereof.
D. A copy of any required or necessary electrical permit issued for said sign or a copy of the application thereof.
E. It shall be the duty of the Code Administrator, upon the filing of an application for a permit to erect a sign, upon Planning Board approval, to examine such plans, specifications and other data submitted to him with the application and, if necessary, the building or- premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the City of Lockport, he shall then, within fourteen (14) days, issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been completed within six (6) months from the date of issuance of such permit, the permit shall become null and void but may be renewed within thirty (30) days from the expiration thereof, for good cause shown upon payment of an additional fee often dollars ($10,), Every sign shall bear the permit number and the name of the permit holder and/or the owner of the land upon which the sign is erected, prominently and permanently affixed on the face thereof. Failure to so affix the permit number and necessary names shall constitute cause for revocation of the permit by the Code Administrator in addition to any other penalties or remedies provided in the chapter.
F. No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this chapter. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from al! hazards, such as but not limited to faulty wiring and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. In the event of a violation of any of the foregoing provisions, the Code Administrator shall give written or personal notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the address as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be made to conform by the owner of the sign and the owner of the land within thirty (30) days from the date of said notice. In the event that such sign shall not be made to conform within thirty (30) days, the Code Administrator shall thereupon revoke the permit and such sign shall be removed by the named owner of the sign and/or the named owner of the land.
§190-127. Removal of certain signs.
A. Any sign existing on or after the effective date of this chapter which no longer advertises an existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which said sign is located after written notice has been provided herein. The Code Administrator, upon determining that any such sign exists, shall notify the owner of the premises in writing to remove said sign within thirty (30) days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Code Administrator is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located. (Note: An existing contract between the owner of the land and the owner of signs or billboards may have restricted or limited responsibility of the owner of the land for removal of the sign.)
B. If the Code Administrator shall find that any sign regulated by this chapter is unsafe or insecure or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within five (5) days from the date of said notice. If said sign is not removed or repaired, the Code Administrator shall revoke the permit issued for such sign as herein provided and may remove or repair said sign and shall assess ail costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Code Administrator may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice. In cases of emergency, the Code Administrator may cause the immediate removal of a dangerous or defective sign without notice Any sign removed by the Code Administrator shall become the property of the city and may be disposed of in any manner deemed appropriate by the city, The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the city or by assessment against the property The cost of removal shall include any and all incidental expense incurred by the city in connection with the sign removal.
C. Temporary signs will be granted three (3) days for removal after notice is received by the business or land owner.
§ 190-128. Multiple residence or apartment developments.
A. For multiple residences or apartment developments, one sign advertising availability of residential units will be permitted not to exceed four square feet.
B. One freestanding sign, not to exceed 20 square feet in area, that identifies the apartment complex or multiple-family residence will be allowed.
§ 190-129. Public utility signs.
Signs necessary for the identification, operation or production of a public utility, not exceeding 32 square feet, may be erected on the premises of such public utility.
§190-130. Residential and community service signs.
A. One sign not exceeding four square feet shall be permitted for residences with an approved business or professional activity conducted on premises with the exclusion of home occupations.
B. Social, civic or societies may erect on such premises one freestanding sign not to exceed 16 square feet.
C. Community institutions such as places of worship, libraries, museums or schools (public and private) may erect on such premises one freestanding sign not exceeding 32 square feet.
D. Recreational areas, golf clubs and ski areas as permitted by this Zoning Ordinance, shall be permitted one freestanding sign not exceeding 32 square feet.
§190-131. Number of signs.
Any business establishment within a commercial zone may have both a wall sign and/or a freestanding sign. Said business may also have a temporary sign after an application is submitted to and approved by the Department of Building Inspection. Plaza and shopping mall signs shall be reviewed and approved by the Planning Board before they are constructed as per Coordinated Sign Plan (see §190-138)
§ 190-132. Loss of legal non-conforming status.
A legal nonconforming designation is lost if:
A. The sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance) which tends to or makes the sign less in compliance with the requirements of this Code than it was before the alteration,.
B. The sign is relocated to a position making it less in compliance with the requirements of this Code.
§190-133. Prohibited Signs
All signs not expressly permitted or exempt from regulation under this Section are prohibited in all districts. Such signs include but are not limited to:
A. Banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices or strings of lights are prohibited.
B. Rotating or revolving signs
C. Beacons
D. Signage on motor vehicles that:
(1) are inoperable; or
(2) do not display a current vehicle inspection sticker or license plate; or
(3) are not principally used as a mode of transportation for business purposes; or
(4) are conspicuously parked or located on a lot or public right-of-way for 24 hours.
E. Signs, as regulated by this Ordinance, used to attract attention to an object, product, place, activity, institution, organization or business not available or located on the premises where the sign is located.
F. Sign advertising or identifying a business which is no longer operating.
G. Roof signs placed, inscribed or supported upon or above the highest part of the roof line except such directional devices as may be required by the FAA.
H. Signs that create a traffic hazard by obstructing the view at any street intersection or by design resemblance through color, shape or other characteristics common to traffic control devices.
I. Signs that encroach into the clear sight triangle; and (see appendix III)
J. Signs in the public right-of-way or on other public property.
K. Miscellaneous signs and posters. The tracking, pasting or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns or sheds or on trees, poles, posts, fences or other structures is prohibited unless otherwise permitted by this Article.
L. A-frame or sandwich board, sidewalk or curb signs are prohibited except as set forth in § 190-142, Temporary signs and Section 190-135 (C).
M. Unclassified signs. The following signs are also prohibited. Those which:
(1) Bear or contain statements, words or pictures of an obscene, pornographic or immoral character or which contain advertising matter which is untruthful.
(2) Purport to be, or are an imitation of, or resemble an official traffic sign or signal or which bear the words "stop," "go slow," "caution," "warning" or similar words.
§190-134. Permitted signs.
Signs may be erected and maintained only when in compliance with the following provisions and upon approval of the Planning Board:
Signs in residential districts. The following types of non-advertising signs are permitted in all R Residential Districts, as follows,
Nameplates and identification signs.
Signs indicating the name or address of the occupant, provided that they shall be not larger than sixty (60) square inches in area Only one (I) such sign per dwelling unit shall be permitted, except in the case of corner lots where two (2) such signs [one (1) facing each street] shall be permitted for each dwelling unit.
§190-135. Off-premises and billboard signs.
A. The City of Lockport will allow off-premises signs without a permit that are associated with community activities or any not-for-profit activity directing the public to such activity, provided that they do not exceed eight (8) square feet in area. These signs will be permitted a maximum of 15 days and shall be removed within three (3) days after the event.
B. Any freestanding sign over 60 square feet will not be permitted in any place within the City of Lockport except in shopping plazas as approved by the Planning Board.
C. Permanent A-Frame signs shall not exceed 8 s.f. Said signs shall be a maximum of 4' high and a maximum of 3' in width and may be located in the City right-of-way at the sole discretion of the Department of Building Inspection subject to the indemnification and insurance certificate. Said signs shall be put out in the morning in front of the place of business and taken in at night. A permit is needed for a permanent A-frame sign.
§190-136. Secondary building signs
The secondary sign shall be subordinate to the primary sign and located at the rear or side of the building on site. Secondary signs shall only be allowed in instances where a second side of a permitted building faces a public parking lot, street, highway or access. Only one secondary sign is allowed per business that has a public parking lot, street, highway or access.
A. On commercial buildings with rear or side orientation to a plaza or mall parking lot or any other public access area, a rear or side faced sign shall be allowed with the name of the business and their logo only. Such signs must meet the dimensional requirements of this chapter.
B. The secondary signs must be removable and mounted flat against the rear or side of the building. Painting on the building is prohibited.
C. Dimensional requirements for secondary signs shall be ½ the square footage of the approved primary sign (Exception: businesses that have street frontage on more than one side).
§190-137. Downtown Business District: (per map)
A. Temporary signs in this district shall not exceed eight square feet in area per side. Said signs must be no more than 4' from the building and can only be used during business hours. One said sign will be allowed per tenant in a plaza containing more than one commercial entity. No sign shall be permitted in any roadside right-of-way. Temporary signs to be approved by the Building Inspection Department for 15 days per calendar year. Applicant may apply to the Planning Board for an additional 15 days per calendar year. Said sign shall not inhibit pedestrian flow of traffic. Freestanding or portable,changeable copy signs are not permitted in this district.
B. A building sign in this sign district must be made of complimentary material and architectural form to the building on which it is going to be attached.
C. All sign applications made within this sign district shall be subject to review by the Planning Board.
D. Permanent freestanding signs can be no larger than 24 square feet in area. Any freestanding sign shall be located a minimum of 10' from any adjoining property line and may be no higher than 10' from average grade.
E. Awning signs or projecting signs under 16 square feet may be allowed after review by the Planning Board and after all conditions of projecting wall signs are met.
F. Colors. Preference will be given to the following pre-approved list of colors (exceptions: Nationally recognized logos/trademarks or at the discretion of the Planning Board):
(1) Signage:
(a) Burgundy - Pantone #7421
(b) Hunter green - Pantone #343
(c) Black – Pantone
(d) Blue – Pantone #295C
(e) White – (black lettering is preferable)
(f) Bronze – Pantone #313
(2) Lettering:
(a) Ivory
(b) White
(c) Black
(d) Gray – Pantone #428C
(e) Gold – Pantone #871 or Gold Leaf
G. Any other area of the City of Lockport not specifically defined above shall be treated at the discretion of the Planning Board and in accordance with the surrounding or existing neighborhood.
§190-138. Coordinated Sign Plan
A. Coordinated Sign Plans shall be required for all existing and newly proposed multiple unit developments. No sign shall be approved for any multi-unit development without a Coordinated Sign Plan being pre-approved by the Planning Board.
B. The purpose of this Plan is to detail the standards for uniformity which the development proposes to live up to and to state the manner in which the design criteria and standards for uniform sign set forth in this Section shall be met.
C. Building permits for signs for individual businesses within the development (and therefore subject to the Coordinated Sign Plan) shall be approved by the Building Inspection Department following Coordinated Sign Plan approval.
D. All signs shall conform to the approved Coordinated Sign Plan on file with the City. It shall be the responsibility of the owner of the development to ascertain that the most updated version is on file for purposes of this Ordinance.
§190-139. Commercial Sign District: (per map)
A. Temporary signs in this district shall not exceed eight square feet in area per side. One said sign will be allowed per tenant in a plaza containing more than one commercial entity. No sign shall be permitted in any roadside right-of-way. Temporary signs to be approved by the Building Inspection Department for 15 days per calendar year. Applicant may apply to the Planning Board for an additional 15 days per calendar year. Said sign shall not inhibit pedestrian flow of traffic
B. Any business within said sign district can have a freestanding sign that is architecturally complimentary to the building it is representing. Monument signs shall not exceed 32 square feet in area.
C. All signs must be set back a minimum of 5' from any roadside right-of-way and 10' from a side yard lot line.
D. Any freestanding sign shall not exceed 12' in height. No sign may be located so as to create visual obstruction or distraction.
§190-140. Professional Office District: (per map)
A. Temporary signs in this district shall not exceed eight square feet in area per side. One said sign will be allowed per tenant in a plaza containing more than one professional entity. No sign shall be permitted in any roadside right-of-way. Temporary signs to be approved by the Building Inspection Department for 15 days per calendar year. Applicant may apply to the Planning Board for an additional 15 days per calendar year. Said sign shall not inhibit pedestrian flow of traffic
B. Any business within said sign district can have a freestanding sign that is architecturally complimentary to the building it is representing. Monument signs shall not exceed 15 square feet per side.
C. All signs must be set back a minimum of 5' from any roadside right-of-way and 10' from a side yard lot line.
D. Any freestanding sign shall not exceed 6’ to top of sign without a planter and 8’ to top of sign with a planter in height. No sign may be located so as to create visual obstruction or distraction.
§190-141. Major Arterial Sign District: (per map)
A. Temporary signs in this district shall not exceed 32 square feet in area per side. One said sign will be allowed per tenant in a plaza containing more than one commercial entity. No sign shall be permitted in any roadside right-of-way. Temporary signs to be approved by the Building Inspection Department for 15 days per calendar year. Applicant may apply to the Planning Board for an additional 15 days per calendar year. Said sign shall not inhibit pedestrian flow of traffic.
B. One freestanding sign shall be permitted on any parcel. The total area for a freestanding sign shall not exceed 80 square feet per side. A single freestanding sign may be used to identify more than one on-premises establishment.
C. A single-owner automobile dealership with multiple national franchises operating on an individual parcel may have additional freestanding signs. One sign per each 300 linear feet of frontage along the principal facade of the automotive dealership may be erected.
D. No freestanding sign shall exceed 20' in height. No freestanding signs shall project over the City right-of-way and must have a minimum clearance of 8'.
§ 190-142. Canopy signs and awnings.
A. Canopy signs shall be subject to the following conditions:
(1) Subject to a minimum height limit of nine (9) feet from the sidewalk, copy may be installed above or on the face of the canopy proper, provided that when such sign is installed above or on the canopy proper, the copy area will be computed on the total of the sign face and the canopy apron proper, Signs attached to the underside of the canopy shall have a copy area the size of that sign plus the size of the sign on the canopy which shall not exceed the total permitted signage for that district, subject to a minimum clearance of eight (8) feet from the sidewalk. (see appendix III)
(2) No portion of a canopy sign can be closer than two (2) feet to a vertical line from the curb face.
(3) On places of public entertainment, such as theaters, arenas, meeting halls, etc., the copy area allowance will be five (5) square feet per linear foot of canopy with a maximum total height limit of no more than six (6) feet at any point.
(4) A freestanding ground sign supported by a sign structure which is embedded in the ground and independent of a canopy for structural support may project above and over a canopy. A freestanding ground sign which projects over a canopy shall comply with all other applicable regulations of this Article.
B. Signs on awnings, consisting of one (1) line of letters or an identification emblem, initials, insignia or other features may be painted, placed or installed upon the hanging border or end of any awning.
§ 190-143. Other permitted signs.
Other signs are permitted as follows:
A. Up to two (2) incidental signs may be attached to a freestanding sign structure or to a building wall, but may not be attached perpendicular to the wall. Such signs are restricted to hours of operation, crediit cards accepted, official notices of services required by law, or trade affiliations. The area of each sign may not exceed four (4) square feet; the total area of all such signs may not exceed eight (8) square feet and no sign shall exceed 2 lineal feet in any direction.
B. Temporary signs.
(1) The Department of Building Inspection shall grant fifteen (15) day permits for all temporary signs which conform to the dimensional, locational, aesthetics and construction requirements as herein stated. An additional fifteen (15) days may be extended by the Planning Board at their discretion. Any permanent sign application may be referred to the Planning Board for review. Any sign that varies from the strict application of the dimension, location, aesthetics or construction requirements of this chapter shall be referred to the Zoning Board of Appeals for review and final decision.
(2) A fee of twenty-five dollars ($25.) shall be paid upon the issuance of a permit for such sign, and a deposit of one hundred dollars ($100.) shall be deposited with the Building Inspector to insure the removal of such sign at the expiration of the permit,, The Building Inspector, after ten (10) days' written notice to the permit holder to remove such sign, and after the failure of the permit holder to do so, shall cause said sign to be removed, and the cash deposit shall be forfeited to help defray the cost of the removal, [Amended 3-15-1993]
(a) Temporary signs are allowed within all sign districts with a permit from the Department of Building Inspection. Temporary signs may be a maximum of 32 square feet in area. Banners or signs constructed of a fabric material are allowed if securely fastened to a permanent surface or sign structure.
(b) Portable “A” frame signs shall not exceed eight square feet in area per side. Said signs shall be no higher than 4', no wide than 3' and must meet locational requirements as stated in this Article.
(c) All other temporary signs may be permitted if dimensional, locational and construction requirements are met for the district that applies. This will include temporary plastic wire signs. Said signs will be granted a time limit of 15 days plus an additional 15 days if approved by the Planning Board.
(d) No other temporary signs can be utilized by a business with an approved “A” frame sign.
C. This section shall not apply where the subject matter of the sign is covered under § 153-1 of this Code (Political Sign Ordinance).
D. Development signs.
(1) Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other persons interested in such sale or development may be erected and maintained, provided that:
(a) The size of any sign is not in excess of thirty-two (32) square feet.
(b) Any such sign shall be removed by the developer within thirty (30) days of the final sale.
(2) Such sign or signs shall require review by the Planning Board if they remain up on the same property for a period exceeding one (1) year-. At that time, the Planning Board may extend the time the sign can remain standing or require immediate removal.
E. Artisans signs. Signs of roofers, painters and other artisans may be erected and maintained during the period that such persons are performing work on the premises on which such signs are erected, provided that:
(1) The size thereof is not in excess of four (4) square feet
(2) Such signs are removed promptly upon completion of the work
F. Special event signs.
(1) Temporary signs may be permitted in conjunction with a special event permit as issued and may be permitted for a period not to exceed 15 days in conjunction with the Rules within each Sign District.
(2) Temporary signs announcing the event must be freestanding and located so as not to create a visual obstruction and may not be attached to utility poles, street signs, trees or existing structures in the right-of-way.
(3) Not-for-profit, charitable, civic and similar organizations that do not have a permanent sign may be permitted to place a temporary sign for a special event for a period of 15 days without a permit, provided that they meet the restrictions in this Article.
G. Commercial event sales. Signs for a commercial event sale must be approved through the Department of Building Inspection. Decisions against any sign permit may be appealed to the Planning Board. Temporary sign fees apply for these events.
§ 190-144. Construction specifications.
A. All signs shall comply with the following provisions and the additional construction standards hereinafter set forth in this section.
B. Construction of signs, auxiliary specifications.
(1) Obstruction to exits. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
(2) Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provisions of the Building or Fire Prevention Codes.
(3) Clearance from high-voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than twenty-four (24) inches horizontally or vertically from any conductor or public utility guy wire.
(4) Drainage. The roofs of all marquees shall be properly guttered and drained.
C. Windloads.
(1) All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows:
(a) For solid signs: thirty (30) pounds per square foot on one (1) face of the sign.
(b) For skeleton signs: thirty-six (36) pounds per square foot of the total face area of the letters and other sign surfaces or ten (10) pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.
(2) Note: The wind loadings quoted above are normal averages and must be adjusted for areas subject to unusually high-velocity winds, for signs of extraordinary height or for certain wind-tunneling effects created by large buildings.
D. Construction standards and maintenance.
(1) General provisions.
(a) All signs shall comply with applicable regulations of the New York State Building Code.
(b) All electrical signs shall be constructed in accordance with the standards of the National Electric Code or other applicable code.
(c) All freestanding signs exceeding 32 square feet shall be designed and constructed with stamped engineered drawings which shall be submitted with application.
(d) All signs, including wall mounted signs, shall be securely anchored and shall not swing or move in any manner.
(e) All signs, sign finishes, supports and electrical work shall be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring and loose supports, braces and anchors.
(f) All signs shall be maintained in a condition that will enhance or maintain the aesthetic quality of the surrounding neighborhood.
(g) All signs must be installed by a contractor licensed to do business in the City of Lockport or owner with Insurance to cover sign installation pursuant to Article XII of the Building Construction Ordinance.
E. Signs not to constitute traffic hazards.
(1) No sign shall be erected or maintained in a manner so as to obstruct free and clear vision or distract the attention of the driver of any vehicle by reason of position, shape or color thereof. Sign shall not be placed in the “30' triangle” as per diagram annexed hereto “Sight Triangle” (See appendix III)
(2) No sign shall be erected or maintained that could be confused as a traffic sign, signal or controlling device.
F. Mirror or fluorescence. No sign shall in its construction employ any mirror or mirrorlike surface nor any Day-Glow or other fluorescent paint or pigment.
G. Wall sign (see appendix I &II) Standards:
(1) A wall sign shall not project above or beyond the ends of the building or its parapet or at the highest point of the roof, whichever is higher.
(2) On a multi-occupancy building, each occupant with an outside entrance serving the general public may have a separate wall sign. Corner tenants with a second outside entrance in a side wall shall be allowed one additional wall sign.
(3) A wall sign may be used in connection with a roadside stand to advertise the sale of produce. The sign shall be removed when the stand is not open for business.
(a) Wall signs shall not extend more than 8 inches from the face of the buildings to which attached except for some electrical wall signs which are allowed 14 inches. Projecting wall signs or awning signs will be permitted that do not exceed 16 square feet per side and that meet all other requirements of this chapter.
(b) One wall sign per establishment shall be permitted unless that establishment has street frontage on more than one side, in which case one wall sign will be permitted on each side of the structure that has frontage. Additional signs must meet secondary sign requirements as stated in §190-136.
(c) The total area for wall signs shall not exceed the lesser of 15% of the total area of the one building facade upon which the sign is placed or 100 square feet.
(d) A single wall sign may be used to identify more than one on-premises establishment, such as a sign directory. For buildings with multiple tenants having store fronts only, the facade rented by the tenant shall be considered as wall area for a sign.
H. Marquee Sign Standards
(1) no more than one marquee sign shall be permitted for each building frontage that includes an entrance serving the general public.
(2) such sign shall not extend beyond the top or sides of the building.
(3) Such sign shall not be oriented toward any residential district.
(4) Such signs shall not project into any adjacent right-of-way, unless approved by the appropriate federal, state, county, or local highway official.
(5) The bottom of such signs shall be a minimum of eight feet above the walkway.
I. Window sign standards
Standards: No window sign or advertising poster shall occupy more than 50% of the area of an individual window area.
J. Freestanding and pole sign standards (see appendix II)
(1) Ground sign. A sign supported by uprights or braces placed upon or in the ground and not attached to any building. Maximum height 8' and must setback 3' from property line so as not to obstruct vision (etc.).
(2) No permanent freestanding sign may be located less than 50 feet from any other freestanding sign.
(3) No freestanding sign shall extend into or over the public right-of-way or any property lines.
(4) Freestanding pole signs under which a pedestrian walkway passes must have an 8' vertical clearance. Freestanding pole signs under which a driveway passes must have a 14' vertical clearance. Under both circumstances, proof of insurance coverage shall be provided or an insurance bond to the City shall be posted.
K. Two-sided signs. A sign readable from two sides and having faces within 30 degrees of parallel planes shall be considered one sign. Each side of such sign shall be permitted the square foot display area hereinafter set forth. The two faces must be within 2' of each other at all times. (See appendix II)
Exceptions.
The following signs do not require permits but must conform to the requirements as specified below:
1. Historical markers, tablets, statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface, bronze, stainless steel or similar material; and emblems installed by governmental agencies or religious or nonprofit organizations, not exceeding 6 square feet.
2. Flags and insignia of any government except when displayed in connection with commercial promotion. (Public Law 829, 77th Congress)
3. On-premises directional signs for the convenience of the general public identifying public parking areas, fire zones, entrances, exits and similar signs, internally illuminated or non-illuminated, not exceeding 4 square feet per face. Business names and logos may be allowed with Planning Board approval. No directional signs shall extend more than 6 feet in height above finished grade unless sign is above the flow of traffic.
4. Non-illuminated warning, “private drive,” “posted” or “no trespassing” signs not exceeding 2 square feet in area.
5. One on-premises wall sign, in connection with any residential building in any district, for permitted professional offices not exceeding 4 square feet in area. Such sign may state name and vocation only.
6. Number and name plates identifying residents mounted on house, apartment or mailbox and not exceeding 1 ½ square feet in area.
7. Lawn signs identifying residents not exceeding 1 ½ square feet in area. Such signs shall not be illuminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.
8. Private-owner merchandise sale signs for garage sales and auctions, not exceeding 4 square feet for a period not exceeding 5 days. Such signs shall not be attached to utility poles, trees, or any other man-made or natural off-premises structure or be located in the City right-of-way. Signs shall be removed within 24 hours after said event.
9. Temporary, non-illuminated “for sale”, “for rent” and real estate signs and signs of a similar nature concerning the premises upon which the sign is located. Each sign shall not exceed 6 square feet per side in a residential sign district and downtown business district nor 8 square feet per side in the Major Arterial District. All signs shall be removed one week after the sale, lease or rental of the premises.
10. One temporary sign for a roadside stand selling agricultural produce grown on the premises in season, provided that the sign does not exceed 24 square feet in area in a City designated Farmer’s Market area.
11. Holiday decorations, including lighting, are exempt from the provisions of this chapter. Said decorations shall have a 10' setback from the curb in front of structure and shall be up from November 15 through January 15.
12. At gasoline stations, a sign attached to gasoline pumps, not to exceed 2 square feet in area.
13. Temporary on-premises directional signs for meetings, conventions and other assemblies, not exceeding 8 square feet must be removed at the conclusion of the event.
14. One sign, not exceeding 32 square feet in all sign districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress.
15. No single political poster and/or sign over 4 square feet in a residential sign district or 8 square feet in a non-residential sign district shall be allowed. Such signs shall not be erected until August 31 of an election year or two months before a special election or political event. Total maximum area of signs allowed shall be 16 square feet per property. Property owner must give written consent and said sign/poster shall not be located in the City right-of-way. All signs shall be removed within one week after the election or political event.
16. No projecting sign shall be erected or maintained from the front or face of a building a distance of more than fourteen (14) inches, including those projecting from the face of any theater, hotel or motel marquee.
17. No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in § 190-136 herein.
18. Swinging signs. Swinging signs shall be mounted using a fork bracket only; no chains for mounting purposes are allowed.
§190-145. Pre-existing, nonconforming signs.
A. In the event a sign lawfully erected prior to the effective date of the local law does not conform to the provisions and standards of this local law, then such signs shall be modified to conform or be removed within ten (10) years from September 1, 2008.
The failure to keep a non-conforming sign painted or in good repair for a period of 6 months after due notification by the Department of Building Inspection shall constitute abandonment and such sign may not be reused and must be removed.
B. Repair and maintenance of legal nonconforming signs. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance and repair of signs, contained in this chapter; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign may lose its legal nonconforming status.
§190-145 A. Electronic Message Signs, Outdoor Numeric Display and Time/Temperature Signs.
Electronic Message Signs shall be permitted in Commercial and Major Arterial Districts subject to the provisions of Construction Specifications and the following restrictions:
(1) Operational Limitations. Such displays shall be limited to stationary displays, the frequency and method by which messages/graphics that appear or disappear from the display is to be regulated. Special effects or operational modes such as scroll, travel, spinning actions or the use of similar transitions and frame effects that have text, graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once are prohibited.
(2) Full animation, flashing or video is prohibited.
(3) Minimum Display Time. Each message, graphic or image on the sign must be displayed for a minimum of twenty seconds.
(4) Electronic Message signs shall have maximum allowable area of 32 square feet (see exception to existing billboards).
(5) Only one electronic message is allowed per parcel including outdoor numeric and time/temperature display signs.
(6) Multimedia displays are only allowed to be located within the full enclosure of a building structure as to have no exposure to the exterior and cannot be viewed from outside.
(7) Outdoor numeric display - the character height of number or letters contained in an outdoor numeric display cannot exceed twelve inches. The application of outdoor numeric display for the purpose of advertising fuel/gasoline prices at a fueling facility (or auto service station) and room rates at hotels/motels are allowed at existing facilities.
(8) Electronic message signs shall not be located within 500 linear feet of any other such sign.
(9) Semi-outdoor electronic message signs are restricted to a maximum of four square feet in area and must be located within the footprint of the building. Said signs shall occupy no more than twenty percent of the glazed opening it is located behind.
(10) The application of static digital display is allowed only for those existing billboards that have been previously approved by the City.
B. Severability.
Each and every clause, sentence, paragraph and section in this Law is separately written in the event that any such provision should be decided by a court of competent jurisdiction to be unconstitutional or invalid, such a decision does not effect the validity of this Law as a whole or any part thereof other than the part declared to be unconstitutional or invalid.
C. Construction.
Nothing contained herein shall supercede the Zoning Map of the City of Lockport or Chapter 190 of the City of Lockport Code. Any provision found to be inconsistent with said Zoning Map of the City of Lockport or Chapter 190 of the City of Lockport Code shall be determined in accordance with Zoning Map of the City of Lockport or Chapter 190 of the City of Lockport Code.
This law shall take effect immediately upon filing with the Secretary of State.
Seconded by Alderman Kibler. A roll call vote was taken which resulted as follows:
Alderman Alexander VOTING Y
Alderman Kibler VOTING Y
Alderman Lombardi VOTING Y
Alderman McKenzie VOTING Y
Alderman Pasceri VOTING Y
Alderman Schrader VOTING Y
The local law was thereupon declared duly adopted.
091708.8
By Alderman Lombardi:
Resolved, that pursuant to their request, permission is hereby granted the Lockport Sunrise Optimist Club to conduct their annual Columbus Day Cross Country Run on Monday, October 13, 2008 starting at 9:00 a.m. at Kibler Park, subject to the Lockport Sunrise Optimist Club filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured and adherence to established rules and regulations for City parks, and be it further
Resolved, that said permission includes use of the restroom facilities and electricity at the park on said date, and be it further
Resolved, that the Highways & Parks Department is hereby authorized and directed to deliver two picnic tables and several barrels for garbage and arrange to have the restroom facilities opened and the electricity turned on for said event.
Seconded by Alderman Pasceri and adopted. Ayes 6.
091708.9
By Alderman Lombardi:
WHEREAS, on June 4, 2008 the Common Council passed Resolution 060408.9D declaring a moratorium on approval of any new signs pending the drafting and enactment of a new sign ordinance, and
WHEREAS, on August 13, 2008 the Common Council passed Resolution 081308.2 extending the moratorium until October 13, 2008 and
WHEREAS, the Common Council met with the Planning Board to discuss and finalize the sign law, and
WHEREAS, the Common Council called for a public hearing on Wednesday, September 17, 2008, and
WHEREAS, the Common Council has placed a sign ordinance on the agenda for consideration by the Common Council.
NOW THEREFORE BE IT
RESOLVED, that Resolutions 060408.9D and 081308.2 are hereby rescinded and upon adoption of the proposed new sign ordinance the moratorium shall be rescinded as well.
Seconded by Alderman Alexander and adopted. Ayes 6.
091708.10
By Alderman Schrader:
Resolved, that a public hearing be held at the Common Council meeting of Wednesday, October 8, 2008 starting at 6:00 P.M. in the Common Council Chambers, Lockport Municipal Building, One Locks Plaza, Lockport, NY relative to a request for a special use permit made by Tammy L. Bundrock to operate a hair salon on first floor of building with the second floor to be utilized for office space at property locally known as 242 South Transit Street, Lockport, NY situated in an R-1 Zone, and be it further
Resolved, that the City Clerk is hereby authorized and directed to advertise notice of said public hearing.
Seconded by Alderman McKenzie and adopted. Ayes 6.
091708.11
By Alderman Lombardi:
Resolved, that pursuant to their request, Lockport High School is hereby granted permission to conduct a Homecoming Parade in the City of Lockport on Saturday, October 4,2008 starting at noon, subject to approval of the parade route by the Police Chief and issuance of a parade permit by the City Clerk.
Seconded by Alderman Schrader and adopted. Ayes 6.
091708.11A
By Alderman McKenzie:
Resolved, that the Common Council hereby confirms the sale of used Police Department firearms to the high bidder, Daniel Mancuso of Grand Island, NY.
Seconded by Alderman Kibler and adopted. Ayes 6.
091708.11B
By Alderman Schrader:
Whereas, the City of Lockport has purchased two generators from Delphi Systems for emergency backup power of the Waste Water Treatment Plant and the Water Filtration Plant, and
Whereas, the City of Lockport desires to build new masonry buildings to house the emergency generators, and
Whereas, existing sanitary sewer lines at the Water Filtration Plant must be relocated to allow construction of said new masonry building, and
Whereas, bids were received for this work as follows:
CF Wolcott General Contracting Inc. $ 5,980.00
Yarussi Construction, Inc. $ 9,400.00
Palladino Excavating $11,775.00
now, therefore, be it
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with CF Wolcott General Contracting, Inc., 4311 Plank Road, Lockport, New York 14094 for relocation of sanitary sewers at the City of Lockport’s Water Filtration Plant at a cost of $5,980.00 plus a 10% contingency to be charged to account #001-0520-0060 for a total of $6,578.00.
Seconded by Alderman Pasceri and adopted. Ayes 6.
091708.11C
By Alderman Schrader:
Whereas, the City of Lockport has purchased two generators from Delphi Systems for emergency backup power of the Waste Water Treatment Plant and the Water Filtration Plant, and
Whereas, the City of Lockport desires to build new masonry buildings to house the emergency generators, and
Whereas, bids were received for General Construction of the two new masonry buildings as follows:
DR Construction $378,564.00
RB Mack Construction $429,000.00
and,
Whereas, the Director of Engineering recommends hiring DR Construction for General Construction of the two new masonry buildings, now, therefore, be it
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with DR Chamberlain Corp., 50 Simonds Street, Lockport, New York 14094 for General Construction of new masonry buildings to house said generators; one at the Waste Water Treatment Plant and the second at the Water Filtration Plant at a cost of $378,564.00 plus a 10% contingency to be charged to account #001-0520-0060 for 50% and the other 50% shall be charged to 001-0520-0069.
Seconded by Alderman Alexander and adopted. Ayes 6.
091708.11D
By Alderman Schrader:
Whereas, the City of Lockport desires to replace the blowers of the Aeration Tanks at the Waste Water Treatment Plant with more efficient blowers, and
Whereas, the New York State Energy Research and Development Authority (NYSERDA) PON 1171 establishes a fund assistance of 50% reimbursements for new technology applications, and
Whereas, the Director of Engineering has received a proposal from Wendel Duchscherer to write the grant application to NYSERDA for PON 1171, now, therefore, be it
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with Wendel Duchscherer for grant writing at a cost of $4,000.00 to be charged to account #003 8130 0434 Professional Services.
Seconded by Alderman McKenzie and adopted. Ayes 6.
091708.11E
By Alderman Lombardi:
Resolved, that pursuant to their request, the United Neighborhood Watch Group is hereby granted permission to use the parking lot in front of City Hall on Tuesday, September 30, 2008 from 5:30 p.m. to 8:00 p.m. to conduct a Community Crime Prevention Awareness Night. Permission is also granted to erect a bounce house during the event, and be it further
Resolved, that the Highways & Parks Department is hereby authorized and directed to deliver barricades to the area prior to the event.
Seconded by Alderman Pasceri and adopted. Ayes 6.
091708.11F
By Alderman Kibler:
Resolved, that the City Treasurer is hereby authorized and directed to transfer $50,000 from account #001-1900-1910 Insurance to account #001-9000.801Workers’ Compensation.
Seconded by Alderman Alexander and adopted. Ayes 6.
By Alderman Pasceri:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman Alexander and adopted. Ayes 6.
091708.11G
By Alderman Lombardi:
Resolved, that the following ordinance be and the same is hereby adopted:
HISTORIC PRESERVATION ORDINANCE
CITY OF LOCKPORT, NEW YORK
AN ORDINANCE relating to the establishment of landmarks and/or historic districts in the City of Lockport, New York (at times hereinafter referred to as “Lockport”).
AUTHORITY: In accordance with Art. 96-a of the General Municipal Law of the State of New York, entitled “Protection of historical places, buildings, and works of art” and Art. 5-K of the General Municipal Law of the State of New York, entitled “Historic Preservation”, the City of Lockport has authority to provide by local law, regulations, special conditions, and restrictions for the protection, enhancement, perpetuation and the use of places, districts, sites, buildings, structures, works of art and other objects having special character or special historic or other aesthetic interest of value. Pursuant to that authority, the Common Council of the City of Lockport adopted this Ordinance setting forth standards to be followed in historic preservation.
Section 1: Purpose
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as Lockport has many significant historic, architectural and cultural resources, which constitute its heritage, this act is intended to:
(A) protect and enhance the landmarks and historic districts, which represent distinctive elements of Lockport's historic, architectural, and cultural heritage;
(B) foster civic pride in the accomplishments of the past;
(C) protect and enhance Lockport's attractiveness to visitors and the support and stimulus to the economy thereby provided;
(D) insure the harmonious, orderly, and efficient growth and development of the City of Lockport; and,
(E) promote the use of historic resources for education, pleasure, and welfare of the citizens of the city and the state.
SECTION 2: HISTORIC PRESERVATION COMMISSION
There is hereby created a commission to be known as the City of Lockport Historic Preservation Commission.
(A) The Commission shall consist of Nine (9) members to be appointed, to the extent available in the community, by the mayor as follows:
(i) at least one shall be an architect and/or engineer experienced in working with historic buildings;
(ii) at least one shall be an Attorney at Law, duly licensed to practice before the Courts of the State of New York;
(iii) at least one shall be affiliated with the City of Lockport’s Community Development Agency and/or Building Inspection Department:
(iv) at least one shall be an historian, preferably the designated Historian of the City of Lockport;
(v) at least one shall be a resident of a historic district;
(vi) at least one shall be a real estate professional
(vii) at least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field; and
(viii) all members shall have a known interest in historic preservation and architectural development within the City of Lockport.
(B) At least Seven (7) of the Nine (9) designated members shall be residents of the City of Lockport.
(C) Commission members shall serve for a term of Four (4) years, with the exception of the initial term of one of the Nine (9) members, which shall be one year, one, which shall be two years, and one, which shall be three years.
(D) At the inception of the Commission, the Chairman shall be appointed by the Mayor of the City of Lockport and the Vice Chairman shall be elected of and by the members, each of these for a term of Four (4) years. Thereafter, these positions shall be filled by election of and by the members of the Commission, each for a term of One (1) year.
(E) The City of Lockport is to provide for the process of recording of proceedings of the commission. The record of proceedings shall be kept on file in the office of the Clerk of the City of Lockport.
(F) The powers of the Commission shall include:
(i) Selection and employment of staff and professional consultants as necessary to carry out the duties of the Commission, with funding approved by the Common Council of the City of Lockport, and;
(ii) Promulgation of rules and regulations as necessary to carry out the conduct of the business of the Commission, and;
(iii) Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts, and;
(iv) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the City, and;
(v) Designation of identified places, districts, sites, buildings, structures or other resources having special character or special historical interest as landmarks and historic districts, and;
(vi) Acceptance on behalf of the City government and, with the consent of the Common Council, of the donation of facade easements and development rights, and the making of recommendations to the City government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this act, and;
(vii) Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs;
a) Formulating recommendations concerning the preparation of maps, brochures, and historical markers for selected historical and/or architectural sites and buildings;
b) Informing and educating the citizens of Lockport concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars, and;
(viii) Making recommendations to City government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the City, and;
(ix) Recommending acquisition of a landmark property or other real property by the City government where its preservation is essential to the purposes of this act and where private preservation is not feasible, and;
(x) Approval or disapproval of applications for certificates of appropriateness pursuant to this act, and;
(xi) Inventorying and designating all historically significant buildings, structures, sites, or districts within the City, enlisting the voluntary assistance of interested civic, social, and educational organizations including the Lockport City School District. The initial inventory shall be completed within two years of the effective date of this Local Law or the date of the appointment of members to the Commission created hereunder, whichever is later, or such other extended times as adopted by resolution of the Commission. such inventory shall be reviewed, updated, or revised, where necessary, each year thereafter before the submission of the annual alterations shall be distributed to the City Building Inspector, Clerk, Historian, and Assessor, and;
(xii) Advising and assisting owners on physical aspects of preservation, renovation, rehabilitation, and reuse, or procedures for inclusion in the National Register of Historic Places and on participation in state and federal preservation programs, and;
(xiii) Conferring recognition upon the owners of landmarks or properties within an historic district by means of certificates, plaques, or markers, and;
(xiv) Requesting advisory opinions on any matter before the Commission from the Mayor, the City Clerk, the Common Council, Corporation Counsel, the Planning and Zoning Board / Building Inspections Department, the Zoning Board of Appeals, the Department of Assessor, the Community Development Department, the Engineering Department, and any other body, agency, or department of the City, and;
(xv) Reviewing and making advisory recommendations on any matter before the Commission to the Mayor, the City Clerk, the Common Council, Corporation Counsel, the Planning and Zoning Board / Building Inspections Department, the Zoning Board of Appeals, the Department of Assessor, the Community Development Department, the Engineering Department, and any other body, agency, or department of the City, and;
(xvi) applying for, accepting, and expending grants and funds for goods and services from private and public sources.
(G) The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members, based on prior notification to all members and the Mayor on a minimum of three days notice, or on the call of the Chairman or the Mayor.
(H) A quorum for the transaction of business shall consist of Five (5) of the Commission's members, but not less than a majority of the full-authorized membership may grant or deny a Certificate of Appropriateness.
Section 3: Criteria for Designation of Landmarks or Historic Districts
(A) The Commission may designate an individual property as a landmark if it meets one or more of the following criteria:
The individual property, historic district, or landmark site:
(i) Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation, or;
(ii) Its location is a site of a significant local, state, or national event, or;
(iii) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic, or cultural heritage of the city, state, region, or nation, or;
(iv) It is identified with historic personage(s), or;
(v) It embodies the distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials, or;
(vi) It is the work of a master builder, engineer, designer, architect, or landscape architect whose individual work has significantly influenced an age and/or the development of the city, state, or nation, or;
(vii) It embodies the elements of design, detailing, materials, or craftsmanship that render it architecturally significant, or;
(viii) It embodies elements that make it structurally or architecturally innovative, or;
(ix) Because of unique location or singular physical characteristic, it represents an established and familiar visual feature of a neighborhood.
Any structure, property, or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration.
(B) The Commission may designate a group of properties as an historic district if it:
(i) contains properties which meet one or more of the criteria for designation of a landmark; and
(ii) by reason of possessing such qualities, it constitutes a distinct section of the City.of Lockport.
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the City Clerk's Office and the Office of the Niagara County Clerk for public inspection.
Section 4: Procedures for Designation of Landmarks or Historic Districts,
(A) The Historic Preservation Commission may act on its own initiative or upon application from the owner or other applicant of the proposed landmark, site or property within the proposed district, to consider designation or acquisition of an historic landmark, site, structure or district.
(B) If the proposed action is upon application of the property owner or other applicant, the applicant shall submit an application for designation or acquisition to the Commission. If the proposed action is on its own initiative, the Commission shall prepare a notice of proposed designation or acquisition. For this purpose the City has prepared a specific Application for Landmark or Historic District Designation Form. The notice or application shall contain:
(i) The name and address of the property owner or owners;
(ii) The Assessor’s parcel number and address of the landmark site or historic structure, or the boundaries of the proposed historic district with the Assessor’s parcel numbers and addresses of properties within such boundaries;
(iii) Any available surveys, sketches, photographs or drawings of the property or properties;
(iv) A legal description of the property or district;
(v) The zoning of the property or properties;
(vi) A general statement of the current condition of the property or district;
(vii) State of New York Historic Preservation Office forms.
(viii) The Historic Preservation Commission’s proposed action or action requested by the owner; and
(ix) Any additional information as the Historic Preservation Commission shall deem necessary.
(C) The application or notice of a proposed designation shall be sent to the City of Lockport departments listed below, and to any other County of Niagara or State of New York agency as the Commission determines to be appropriate. The application or notice shall be given for the purpose of allowing the departments or agencies an opportunity to provide comments on the proposed designation. Any comments received shall be made part of the record.
· Engineering Department
· Community Development Department
· Department of Assessor
· Zoning Board of Appeals
· Planning and Zoning Board / Building Inspections Department
· Corporation Counsel
· Common Council
· City Clerk
· Mayor
(D) If acting on its own initiative, the Commission may at any time terminate the proceeding for designation if the Commission determines that designation is not appropriate.
(E) Upon receipt of a complete application or notice of a proposed designation or acquisition shall be sent by certified and regular mail to the owner of the property or properties describing the property street address and legal description and announcing a public hearing to consider the designation. The Commission shall send notice of the public hearing to the City Clerk. The City Clerk shall publish notice of the public hearing at least once in the City’s designated official newspaper for the proposed action at least Seven (7) days in advance and shall mail the notice to the owner(s) and /or applicant of any properties proposed for historic designation or of each property to be included in the proposed district. The notice shall announce the proposed action and the date, time and location of the public hearing.
(F) For purposes of this Ordinance, said designated newspaper shall be the Lockport Union Sun and Journal, Lockport, New York.
(G) Once the Historic Preservation Commission has accepted an application or issued a notice of a proposed designation or acquisition for a landmark site or historic structure, no building or demolition permit shall be issued by the Building Inspections Department, except for emergency work pursuant to Section 108.1, IMMINENT DANGER, of the Property Maintenance Code, Emergency Measures. The Chief Building Inspector shall not issue a building permit for exterior alterations or exterior construction at any such proposed landmark site or historic structure until a final determination on the proposed designation or acquisition has been reached. The Chief Building Inspector may issue a building permit for interior construction or emergency repairs provided the Historic Preservation Commission receives prior notification.
(H) At the public hearing, the Commission, the property owner(s) and any interested parties may present testimony or documentary evidence at the hearing, which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark site, historic structure, or historic district. The record may also contain staff reports, public comments or other evidence offered outside the hearing.
(I) Within forty five (45) days of the conclusion of the public hearing, the Commission shall approve or disapprove each designation or acquisition, and shall forward its recommendation to the City Council.
(J) At its next scheduled meeting after receipt of any recommendation from the Commission, the City Council shall consider the designation or acquisition of the landmark site or historic structure, or the designation of the historic district. A majority vote shall be required by the City Council for the designation or acquisition. The Mayor shall approve or veto said designation or acquisition as provided by law.
(K) Should the Common Council deny the designation or acquisition recommended by the Commission, the Commission shall have thirty (30) days to file an appeal and present any additional information supporting the recommendation. The approval or denial by the City Council of such an appeal for the recommended designation or acquisition as set forth herein shall be final.
(L) Upon approval of said designation or acquisition by the Council and Mayor, the Commission shall file notice of each property designated or acquired as a landmark site or historic structure and/or of the boundaries of each designated historic district, with the Niagara County Clerk, the Niagara County Historian, and the New York State Historic Preservation Officer for recordation as soon as practicable, but no later than Seven (7) days after the designation is made. The Commission shall also file notice with the City Departments prescribed in this Section Article (C).
(M) Minutes of any business conducted by the Historic Preservation Commission shall be kept on file by the Lockport City Clerk for public inspection.
Section 5: Certificate of Appropriateness for Alteration, Demolition or New Construction Affecting Landmarks or Historic Districts
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within a historic district, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness from the Historic Preservation Commission.
The Certificate of Appropriateness shall be in addition to and not in lieu of any building or other permit that may be required by any other ordinance of the City of Lockport.
Section 6: Criteria for Approval of a Certificate of Appropriateness
(A) In passing upon an application for a certificate of appropriateness, the Historic Preservation Commission shall not consider changes to interior spaces, unless they are open to the public.
The Commission's decision shall be based on the following principles:
(i) properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;
(ii) any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and
(iii) new construction shall be compatible with the district in which it is located.
(B) In applying the principle of compatibility, the Commission shall consider the following factors:
(i) the general design, character and appropriateness to the property of the proposed alteration or new construction;
(ii) the scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
(iii) texture, materials, and color and their relation to similar features of other properties in the neighborhood;
(iv) visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and
(v) the importance of historic, architectural or other features to the significance of the property.
(vi) any and all other principles which, in its sole discretion, the Historic Preservation Commission shall deem reasonable and appropriate.
Section 7: Certificate of Appropriateness Application Procedure
(A) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Commission. For this purpose the City has prepared a specific Application for Certificate of Appropriateness for Alteration, Demolition, or New Construction Affecting Landmarks or Historic Districts Form. The application shall contain:
(i) name, address and telephone number of applicant;
(ii) name, address, and telephone number of the owner of the property, should the applicant not be the owner;
(iii) location and photographs of property;
(iv) the most recently prepared site Survey of the property;
(v) title search;
(vi) elevation drawings of proposed changes, if available;
(vii) perspective drawings, including relationship to adjacent properties, if available;
(viii) samples of color or materials to be used;
(ix) where the proposal includes signs or lettering, which shall also be approved by the Planning Department, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and
(x) any other information which the Commission may deem necessary in order to visualize the proposed work.
The Commission reserves the right to require the applicant to provide any and all documentation, material, and/or additional information regarding the requested designation should it, in its sole discretion, determine necessary.
(B) No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Historic Preservation Commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Lockport.
(C) The Commission shall approve, deny or approve the permit with modifications within Forty-five (45) days from receipt of the completed application. The Commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(D) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Lockport City Clerk's Office for public inspection. The Commission's decision shall state the reasons for denying or modifying any application.
(E) Certificates of appropriateness shall be valid for Eighteen (18) months, after which the owner must reapply if he still wishes to undertake work on the property.
(F) One (1) extension of a term of no longer than Nine (9) months may be granted, at the sole direction of the Commission, should the applicant so request.
Section 8: Hardship Criteria for Demolition
An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(i) the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(ii) the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(iii) efforts to find a purchaser interested in acquiring the property and preserving it have failed.
Section 9: Hardship Criteria for Alteration
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
The Commission shall, in its sole discretion, determine what shall constitute a reasonable return.
Section 10: Hardship Application Procedure
(A) After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.
(B) The Commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(C) The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(D) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Lockport City Clerk's Office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Commission shall approve only such work as is necessary to alleviate the hardship. The decision shall also be forwarded to the Office of the Niagara County Clerk for recording as soon as practicable.
Section 11: Enforcement
All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any requirements included therein. It shall be the duty of the Building Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic Preservation Commission, the Building Code Enforcement Officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
Section 12: Maintenance and Repair Required
Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district, which does not involve a change in design, material, color or outward appearance.
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
Examples of such deterioration include:
(A) Deterioration of exterior walls or other vertical supports.
(B) Deterioration of roofs or other horizontal members.
(C) Deterioration of exterior chimneys.
(D) Deterioration or crumbling of exterior stucco or mortar.
(E) Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(F) Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition, is necessary for the public safety.
Section 13: Violations
(A) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine of not less than Two hundred-fifty dollars ($250) nor more than One thousand dollars ($1,000) for each day the violation continues.
(B) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the City Corporation Counsel. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
Section 14: Appeals
Any person aggrieved by a decision of the Historic Preservation Commission relating to hardship or a certificate of appropriateness may, within 15 days of the decision, file a written application with the Lockport Common Council for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the same criteria.
Seconded by Alderman Schrader and adopted. Ayes 6.
091708.11H
By Alderman Kibler:
Resolved, that pursuant to the request of the Lockport Business Association, the Common Council hereby authorizes the expenditure of $490.00, the City’s portion of matching funds, for an entrance sign to be located on the Triway Bridge.
Seconded by Alderman Alexander and adopted. Ayes 6.
091708.11I
By Alderman Kibler:
Resolved, that pursuant to the request of the Superintendent of Highways & Parks, the City Treasurer be and the same is hereby authorized and directed to transfer $35,000 from various General Fund accounts to account #01 5110.489 Resurfacing Materials.
Seconded by Alderman Lombardi and adopted. Ayes 6.
Conclusion of agenda.
091708.12 ADJOURNMENT
At 6:33 P.M. Alderman Lombardi moved the Common Council be adjourned until 6:00 P.M., Wednesday, October 8, 2008.
Seconded by Alderman Kibler and adopted. Ayes 6.
RICHARD P. MULLANEY
City Clerk
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