Lewiston Town City Zoning Code
ARTICLE I
Title and Purpose; General Administrative Provisions
§ 360-1 Title.
This chapter shall be known and may be cited as the "Town of Lewiston Zoning Code."
§ 360-2 Purpose.
A.
The purpose of the Zoning Code is to provide for the orderly growth of the Town of Lewiston. This chapter sets requirements on the use of land and size, height and bulk of uses. Specific areas have been designated for residential, business and industrial growth to protect the overall character of the Town, ensure the development of cohesive neighborhoods and minimize conflicts among land uses. Specifically, this chapter is developed to:
(1)
Implement the Town of Lewiston Comprehensive Plan, as adopted November 13, 2000, and as amended thereafter, including the 2011 update.
(2)
Promote the health, safety and general welfare of the general public and provide safety from fire, flood and other dangers.
(3)
Provide adequate light, air and outdoor uses to include public, common and private open space areas.
(4)
Prevent overcrowding of land and ensure structure and land use arrangements are aesthetically harmonious to surrounding areas and structures.
(5)
Avoid undue concentration of population or sparse, uncoordinated development.
(6)
Facilitate the adequate provision of transportation, water, sewer, school, parks and other public services.
(7)
Protect the character and values of residential, institutional, public, business and industrial uses and to ensure their orderly and beneficial development.
(8)
Regulate the location of buildings and intensity of uses in relation to streets to ensure minimal interference with and by traffic movements, reduce congestion on Town streets and improve public safety.
(9)
Preserve and protect significant natural features and vegetation, thereby preventing ecological damage and visual blight which occur when those features or vegetation are eliminated or substantially altered to serve development purposes only.
§ 360-3 Effective date.
This chapter shall take effect on the date of official adoption by the Town Board. This chapter shall apply on its effective date to all uses that have not commenced and structures that have not been constructed regardless of the status of permits or certificates of occupancy issued pursuant to the New York State Building Codes.
§ 360-4 Applicability of Code to existing variances and special use permits.
Any variance or special use permit lawfully issued prior to the effective date of this chapter, or any amendment thereof, which could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be valid and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or special use permit which could not be so issued after such effective date shall be allowed to continue subject to the provisions of this chapter dealing with legally existing nonconformities. Nothing in this section shall affect the expiration date of any existing permit.
§ 360-5 Compliance required.
A.
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, height and building location regulations hereinafter designated for the district in which such building or open space is located, and upon issuance of all approvals required by this chapter.
B.
No use shall be conducted or changed or property altered in any manner except in conformity with this chapter.
C.
No lot area shall be reduced, altered or subdivided as to create a nonconforming lot.
D.
Nothing in this chapter shall be read as eliminating the requirement for compliance with any chapter of the Town Code, or any other federal, state or local law.
§ 360-6 Building permits.
A.
Building permit required. No excavation, construction, alteration, repair or demolition of any building or other structure within the Town of Lewiston shall hereafter be commenced until an application for a building permit shall have been filed with the Building Inspector and a permit authorizing the work contemplated has been issued. Such application shall be made by the owner of the property or by his duly-authorized agent on forms to be supplied by the Building Inspector. Exceptions to the requirement for building permits may be allowed for:
(1)
Alterations to existing buildings, do not affect structural features; do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; do not involve the installation or extension of plumbing or electrical systems; and do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues.
B.
The application for a building permit shall request sufficient information to permit a determination of that intended work accords with the requirements of the current codes applicable to New York State.
C.
Time limit. Any permit (including any permits issued prior to the effective date of this chapter) hereafter issued for the construction of a building shall be invalid if such construction shall not be commenced within one year of the date of the permit or if said construction is commenced but has been abandoned for a period of six months. One six-month extension/renewal may be issued by the Town. (Must reapply after this six-month extension, if construction is not started).
D.
Sewage disposal plan. No building permit shall be issued for the construction of any structure intended for human habitation in any area where a public sewage disposal system is not available, unless such building permit is accompanied by a layout of a septic disposal system in accordance with the requirements of the Town of Lewiston, and the County of Niagara. In the event a public supply of water is not available, such layout shall also indicate permissible location of a well or wells, in accordance with Department of Health standards.
E.
Application. There shall be submitted with all applications for building permits one copy of a layout or plot plan on an updated survey showing the actual dimensions of the lot to be built upon, the size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter. Nothing in this section shall prevent the Building Inspector from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.
F.
Cost of construction, for the purposes of computing the permit fee (those that are applicable), will be based upon an affidavit of estimated cost to be submitted with the application and sworn to by the applicant. If any work other than layout has been commenced prior to the issuance of a building permit, by a resident or contractor who has been informed of the permit regulations, as a penalty, the fee for the building permit shall be double the normal fee. This penalty is in addition to any penalties provided for elsewhere in this chapter.
G.
Variances. Any request for a variance to the provisions of the current codes applicable to New York State shall be obtained through an appeal to the State Board of Review.
§ 360-7 Certificate of occupancy.
A.
No land shall be occupied or used, and no structure erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Building Inspector stating that the structure and use appear to comply with all applicable provisions of this chapter. No change in any use shall be made to any structure or part thereof, except in conformance with a certificate of occupancy issued by the Building Inspector. Use of a single-family dwelling for a group home shall constitute a change of use requiring a certificate of occupancy. Any subsequent change of occupancy or re-occupancy of a group home shall also constitute a change of occupancy requiring a certificate of occupancy. A certificate of occupancy shall be applied for concurrently with the application for all approvals and, unless a temporary certificate of occupancy has been issued, shall be issued within 10 days after the lawful erection, reconstruction or structural alteration of such building shall have been completed.
B.
Temporary/partial certificate of occupancy.
(1)
If the Building Inspector finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The temporary certificate shall state the items to still be completed and/or the portions of the building approved for occupancy. Certificates may be issued for a period of up to one year by the Building Inspector, and may be extended for up to an additional six months at a time by the Building Department. The Building Inspector or Board may require a performance bond to guarantee completion of the project.
(2)
Applicants for a temporary certificate shall stipulate that:
(a)
They agree to maintain the conditions stipulated in their request for partial occupancy for the duration of construction on the site; and
(b)
If they fail to obtain a full certificate of occupancy for the entire building, they will vacate the premises and terminate all temporary occupancy until successfully obtaining a full certificate of occupancy for the building.
C.
Existing building certificate of occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Inspector and supplying the information and data necessary to determine compliance with the technical codes for the occupancy intended. Where necessary, in the opinion of the Building Inspector, one set of detailed drawings, or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.
D.
No estoppel effect. The Building Inspector shall use his or her best efforts to ensure that all Code provisions are complied with prior to issuance of any certificate of occupancy. But if later inspection or events discloses any noncompliance with Town Codes, New York State Codes, or other applicable codes, issuance of a certificate of occupancy shall in no manner limit the right of the Town to enforce its Codes through all civil and/or criminal remedies available.
E.
No liability for damages. This chapter shall not be construed to hold the Town responsible for any damages to persons or property by reason of inspections made pursuant to an application for a certificate of occupancy or issuance of or failure to issue a certificate of occupancy, and nothing in this chapter shall be construed to impose a duty upon the Town to any person or property.
§ 360-8 Violations as bar to granting approval.
No approving authority shall issue a permit or other approval to any person where violations of the Town Code exist on the property, regardless of whether the violations are related to the approval requested. The approving authority may condition approval upon remedying the violations, but no final approval shall be issued until all such violations are cured. Notwithstanding this provision, issuance of any permit or approval even though violations exist, whether or not such violations are known or should have been known to the Town, shall not have an estoppel effect, or in any manner be considered as approval of the violating conditions or waiver of any of the Town's rights to take any action to cure such violations.
§ 360-9 General rules of interpretation.
A.
Interpretation. In interpreting and applying the provisions of this chapter, its provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare. The adoption of this chapter only repeals, abrogates or annuls existing provisions of any law previously adopted relating to the use of structures and land and the design, erection, alteration or maintenance of structures, if specifically repealed, abrogated or annulled herein.
B.
Existing restrictions. The provisions of this chapter shall not annul, or in any way interfere with, existing deed or plat restrictions, easements or other agreements between persons, codes, laws, rules, regulations or permits previously adopted or issued, except those codes or sections which are contrary to, or in conflict with, this chapter. Wherever this chapter imposes greater restrictions upon the use of structures or land, the height or bulk of buildings or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by deed or plat restrictions or laws, this chapter shall control; other regulations shall control where they impose greater restrictions than this chapter and for that purpose, this chapter shall not annul, modify or impair the provisions of any existing deed or plat restrictions, easements or other agreements.
C.
Prohibited uses. Any use not specifically listed as an approved as-of-right or specifically permitted use is not allowed in the Town of Lewiston.
D.
Zoning Map. Districts are bounded as shown on the Official Zoning Map entitled "Zoning Map of the Town of Lewiston," and certified by the Town Clerk, and which may be amended by the Town Board in accordance with the terms of this chapter, which map accompanies this chapter, and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Office of the Town Clerk.
E.
Zoning district boundaries. Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning Map, the following rules shall apply:
(1)
Where the designation on the Zoning Map indicates a boundary which is a street or public right-of-way, the center line of the road shall be construed to be the boundary.
(2)
Where the designation on the Zoning Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary.
(3)
Zoning Districts extend into the Niagara River on a straight line to the boundary of the Town.
(4)
Distances shown on the Zoning Map are perpendicular distances from road center lines measured to the district boundary, which boundaries in all cases where distances are given are parallel to the road center line.
(5)
In other cases, the district boundary shall be determined by the use of the scale of the Zoning Map.
(6)
The Zoning Board of Appeals shall have jurisdiction to determine District Boundary disputes.
F.
References. Titles and headings have been inserted for convenience of reference and are not intended to define or limit the scope of or otherwise affect any provision in this chapter.
§ 360-10 General rules of administration.
A.
Jurisdiction. The provisions of this chapter shall apply in all areas of the Town of Lewiston, including areas under water, except for the areas within the Village of Lewiston and the Tuscarora Indian Reservation.
B.
Applications. Applications for any approval required under this chapter, or amendment of this chapter, shall be on forms provided by the Town. No application shall be processed unless the application is complete, including submission of required Environmental Assessment Forms, and all fees paid. Applications may be made by the owner of property, or any person having a contractual interest in the subject property. Where the applicant is not the owner, proof of the contractual interest or the owner's authorization shall be submitted.
C.
Notices. Notices to adjoining properties, applicants, or other agencies required by this chapter shall be by first-class mail unless otherwise stated.
D.
State environmental quality review act compliance.
(1)
The Town Board, for all actions in which it shall have any approval authority, shall act as Lead Agency for all reviews under the State Environmental Quality Review Act (SEQRA), unless a non-Town agency is designated as the Lead Agency. If the Town Board has no approving authority on an action, the approving Board shall act as Lead Agency.
(2)
Escrow account. For any project reviewed pursuant to SEQRA for which the Lead Agency can be reimbursed for its review costs, or any project requiring the review by an outside consultant for the Town, the Town may require the advance deposit of the estimated cost of such review fees into an escrow account. Any funds not expended on the review or interest earned on the account shall be returned to the applicant at the completion of the review.
E.
Fees. The Town Board shall have authority to establish and amend, by resolution, fees and charges to defray the costs of administering this chapter and reviewing applications.
F.
Restrictive covenant. Where any approval or amendment granted under this chapter includes a restriction on the use of land, the approving Board may require the applicant record at its cost, in a form approved by the attorneys for the Town, a restrictive covenant stating said terms or conditions.
G.
Public hearing procedures. Public hearings required by this chapter shall be conducted by the hearing body as designated. At the hearing, interested persons shall be permitted to submit information and comments either verbally or in writing. Whenever multiple applications are submitted for a project, such as site plans and special use permits, the hearing body may hold one hearing on the multiple applications. The hearing body shall control the conduct of such hearing and may establish reasonable rules and regulations including but not limited to rules and regulations governing the presentation of information and comments, the limitation of redundant or irrelevant materials and testimony, the order and length of statements or testimony, and time limitations. The hearing may be continued from time to time as directed by the hearing body.
H.
Performance bond. For any project, including but not limited to subdivisions, zoning amendments, planned developments, site plans or special use permits, which project is approved with conditions attached, the approving Board may require the applicant to provide a performance bond or other security in a form acceptable to the Town, to guarantee completion of the work.
I.
Contiguous parcels. When two or more parcels of land, both or one of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held under one ownership, they shall be used as one lot for such use, shall be combined on the Zoning Map and Tax Map, and deeded as one lot. As a condition of any approval, the approving Board shall require proof of the combination of the lots by deed, or filing of a restrictive covenant preventing the separate sale of either lot without prior permission of the Town Board.
J.
Time periods.
(1)
Any time limit specified in this chapter for any decision or action by the Building Inspector, the Town Board, the Zoning Board of Appeals or the Planning Board may be extended or tolled by the joint agreement of the applicant and the decision-making body unless otherwise stated in this chapter. In the event a decision or action by the Building Inspector or Zoning Board is not rendered within the time period specified, and the applicant has not agreed to an extension or tolling of such time limit, the application shall be deemed to be denied.
(2)
Any time periods specified in this chapter shall not be in effect until the SEQRA process has been completed.
§ 360-11 Administration of this chapter.
A.
This chapter shall be administered by the Building Inspector and other inspectors, as defined by this chapter, as appointed by the Town. Inspectors shall perform the following duties:
(1)
Keep records of applications for permits.
(2)
Keep record of all permits issued with a notation of all special conditions involved.
(3)
File and safely keep copies of all plans submitted and the same shall form a part of the records of their office and shall be available for use of the Town Board and other officials.
(4)
Provide interpretations of this chapter's requirements to the public. Whenever such interpretation is made in writing, a copy shall be filed with the Building Inspector.
(5)
Investigate violations of this chapter.
§ 360-12 Inspections.
A.
The Building Inspector is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat, which is in violation of any provision of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to comply with such order.
B.
The Town Attorney and Town Prosecutor (or any attorneys retained for the purpose by the Town Board) are authorized to assist the Building Inspector in obtaining any required warrants to obtain access to premises for inspection.
§ 360-13 Duty of enforcement.
A.
It shall be the duty of the Building Inspector, Town Engineer, Town Attorney, Town Prosecutor and other officials designated by the Town Board to enforce the regulations and restrictions provided by this chapter. All such officials are hereby authorized to take all steps necessary to enforce the provisions of this chapter, and any other building or use code adopted by the Town, to the fullest extent authorized by state and local law, including, but not limited to the issuance of cease and desist orders, stop-work orders, the filing of complaints and information with the Town Court and other courts, and the initiation of any civil or criminal proceeding to enforce this chapter, including injunction proceedings with the State Supreme Court.
§ 360-14 Penalties for offenses; additional remedies; violations of district regulations.
A.
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $5,000 or by imprisonment for a period not to exceed 15 days, or both.
B.
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C.
Each week or a portion of a week that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.
D.
Appearance tickets: the Building Inspector, Ordinance Enforcement Officer or other official authorized by the Town Board to enforce the provisions of this chapter may issue appearance tickets, the purpose being to enable him or her to bring an alleged violator into court without the necessity of issuance of a summons by a local court.
E.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used or any land is divided into lots, blocks or sites in violation of this chapter, any official authorized by the Town Board, in addition to any other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
F.
Moreover, the Town of Lewiston Town Board may authorize the commencement of an action in any court of competent jurisdiction to enforce any provision of this Article. Any such enforcement action shall be in addition to, and not in lieu of, any other enforcement mechanism available to the Town, at law or equity.
[Added 4-22-2024 by L.L. No. 2-2024]
G.
Notwithstanding the foregoing, any violation of Town of Lewiston, New York Local Law No. 2 of 2024 ("A Local Law Regulating the Use of Transient Or Short-Term Rentals within the Town Of Lewiston the Town of Lewiston") by any property owner operating a bed-and-breakfast and/or short-term rental with a special use permit shall be punishable by
[Added 4-22-2024 by L.L. No. 2-2024]
(1)
First violation: A fine of no less than $100 and no more than $150 per week.
(2)
Second violation: Any violation which occurs within three years of the first violation, a fine of no less than $300 and no more than $500 per week.
(3)
Third violation: Any violation which occurs within three years of the second violation, a fine of no less than $1,000 and no more than $2,000 per week.
(4)
Willful and persistent: Any violation which occurs within three years of the third violation, a fine of no less than $5,000 per week and shall subject the property owner to an immediate loss of special use permit. A determination of willful and persistent behavior and potential forfeiture of a special use permit shall result from a majority vote of the Town Board of the Town of Lewiston after receiving an informal application to be heard from the Office of the Building Inspector. Any property owner found to be a willful and persistent violator under this section shall forfeit any and all special use permits held in the property owner's name for the purpose of operating either a bed-and-breakfast and/or a short-term rental in the Town of Lewiston for a period of 10 years.
(5)
This fine schedule shall be independently enforced for each residence covered under this section.
H.
Any violation of Town of Lewiston, New York Local Law No. 1 of 2024 ("A Local Law Regulating the Use of Transient Or Short-Term Rentals within the Town Of Lewiston the Town of Lewiston") by any property owner and/or agent operating a bed-and-breakfast or short-term rental without a special use permit and in violation of said local law shall be punishable by the following:
[Added 4-22-2024 by L.L. No. 2-2024]
(1)
First violation: A fine of no less than $500 and no more than $1,000 per week.
(2)
Second violation: Any violation which occurs within three years of the first violation, a fine of no less than $1,000 and no more than $1,500 per week.
(3)
Third violation: Any violation which occurs within three years of the second violation, a fine of no less than $3,000 and no more than $5,000 per week.
(4)
Willful and persistent: Any violation which occurs within three years of the third violation, a fine of no less than $10,000 per week. A determination of willful and persistent behavior shall result from a majority vote of the Town Board of the Town of Lewiston after receiving an informal application to be heard from the Office of the Building Inspector. Any property owner found to be a willful and persistent violator under this section shall forfeit any and all previously issued special use permits held in the property owner's name for the purpose of operating either a bed-and-breakfast and/or a short-term rental in the Town of Lewiston for a period of 10 years.
(5)
This fine schedule shall be independently enforced for each residence covered under this section.
I.
The Town of Lewiston reserves the right and may authorize the filing of a municipal lien on noncompliant properties for the nonpayment of fines.
[Added 4-22-2024 by L.L. No. 2-2024]
§ 360-15 Administrative procedures.
A.
An applicant must obtain approvals in the following order:
(1)
Zoning;
(2)
Special use permits.
(3)
Subdivision or (for planned developments) concept plan;
(4)
Site plan or (for planned developments) detailed plan; and
(5)
Grading and building permits.
B.
An applicant may concurrently file applications for the approvals listed in Subsection A. Subdivision, site plans, concept plans and detailed plan approvals can be conditioned on receipt of required variances.
C.
Except for rezoning, which must be entertained by the Town Board first, any application which must be reviewed by the Planning Board prior to Town Board review shall be submitted directly to the Planning Board; no specific referral from the Town Board is required.
§ 360-16 Applications.
A.
No application shall be reviewed until it is complete. Whichever Board receives an application first, whether for purposes of review only or approval, shall refuse to consider the application until complete.
B.
Timing of application review. When an application is returned to an applicant as incomplete, the time lines for review or approval in this chapter shall not commence until a complete application is received. All applications must be received no later than 14 working days prior to the meeting of the Board which will first review the application. For any application which is received less than 14 working days prior to said meeting, the application will be heard at the next following regularly scheduled meeting, and all time lines within this chapter for review, calling of public hearings and action upon the application shall be deemed to commence on the date of said next following regularly scheduled meeting.
§ 360-17 Word usage.
A.
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings.
(1)
Words used in the present tense include the future, and the plural includes the singular.
(2)
The word "and" indicates that all connected items, conditions, provisions or events shall apply.
(3)
Any word "or" indicates that the connected items, conditions, provisions or events shall apply singly or in any combination.
(4)
The term "either . . . or" indicates that the connected items, conditions, provisions or events apply singly and not in any combination.
(5)
The word "district" includes the plural "districts."
(6)
The word "lot" includes "plot" or "parcel."
(7)
The word "building" includes the word "structure." Any reference to building or structure also refers to any part of a building or structure, temporary or permanent.
(8)
The word "shall" is intended to be mandatory.
(9)
The word "may" is intended to be permissive.
(10)
The words "occupied" or "used" shall be construed to include the words "or intended, arranged or designed to be used or occupied," and the words "occupancy" or "use" shall be construed as similarly qualified.
(11)
The word "person" includes "industrial," "firm," "partnership," "estate," "trust," "limited liability company," or "corporation."
§ 360-18 Definitions.
A.
As used in this chapter the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. Accessory structures are not to be located in any required front yard and are restricted to 18 feet in height.
ADULT USES
Whenever used in this chapter, the words "adult use" or "adult uses" apply to the following types of establishments and similar uses:
(1)
ADULT BOOKSTORE
An establishment which has as a substantial or significant portion of its stock-in-trade, books, pamphlets, magazines and other periodicals, sculptures, photographs, pictures, slides, videotapes, films or sound recordings and which establishment excludes any minor by reason of age.(2)
ADULT ENTERTAINMENT CABARET
A public or private nightclub, bar, restaurant or similar establishment which presents topless or bottomless dancers, go-go dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment, and which establishment excludes any minor by reason of age.(3)
ADULT MOTEL
A motel which excludes minors by reason of age.(4)
ADULT THEATER
A theater that customarily presents motion pictures, films, videotapes or slide shows and which excludes minors by reason of age.(5)
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade, videotapes or films for sale or viewing on premises by use of motion picture devices, video equipment or other coin-operated means and which establishment excludes any minor by reason of age.(6)
PEEP SHOW
A theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.(7)
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barber shops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs that have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.(8)
BODY PAINTING STUDIO
An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body and which excludes minors by reason of age.(9)
ADULT MODEL STUDIO
Any establishment, where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons other than the proprietor, paying such consideration or gratuity and which excludes any minor by reason of age. This provision shall not apply to any school of art which is operated by an individual firm, association, partnership, corporation or institution which meets the requirements established in the New York State Education Law for the issuance or conferring of and is in fact authorized to issue or confer a diploma.(10)
ADULT NOVELTY STORE
Any establishment having a substantial or significant portion of its sales or stock-in-trade consisting of toys, devices, clothing, "novelties," lotions and other items distinguished or characterized by their emphasis for specialized sexual activities or specified anatomical areas or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment' primary purpose is to purvey such material.(11)
SPECIFIED SEXUAL ACTIVITIES
For the purpose of this chapter:(a)
Human genitals in the state of sexual stimulation;
(b)
Acts of human masturbation, sexual intercourse or sodomy; and
(c)
fondling or other erotic touching of human genitals, buttock, pubic region or female breast.
(12)
SPECIFIED ANATOMICAL AREAS
For the purpose of this chapter:(a)
Less than completely and opaquely covered human genitals, buttock, pubic region or female breast below a point immediately below the top of the areola; or
(b)
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
AGRICULTURAL USE
The commercial cultivation of the soil for food products or other useful or valuable growths of the field, garden or tillage, and dairying or raising of livestock, fowl or other animals. It includes necessary structures appurtenant to such use.
ALTERATIONS
As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL
The premises or buildings used for the diagnosis, treatment or other care of the ailments of domesticated, household animals, which may include related facilities such as laboratories, offices and temporary quarters for such animals.
ATTACHED
The relationship of any two or more buildings or structures sharing a common wall or party wall, or joined by a covered porch, loggia or passageway.
AUTOMOTIVE SALES AND SERVICE ESTABLISHMENT
A building, portion of a building or land area used primarily for the display and sale or lease of any new or used cars, trucks, vans, motorcycles or other motor vehicles. This use may include outside storage of inventory, repair shops as an accessory use.
AUTOMOTIVE-RELATED USE
A building, portion or a building or land area used primarily for automotive sales, repair, storage or other use related to new or used cars, trucks or other motor vehicles.
BAR or TAVERN
An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to regulatory authority of the New York State Liquor Authority and consisting of one or more of the following characteristics: age restrictions or cover charges for admission; hours of operation which extend beyond the normal dining times for dinner; and food sales ancillary to the principal use of serving and consuming alcoholic beverages. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant.
BED-AND-BREAKFAST ESTABLISHMENT
A private, owner-occupied residential dwelling in which a portion of the residential dwelling is provided or offered to tourists or transient guests with ovemight accommodations in exchange for compensation, with or without the inclusion of one meal, where said owner of the residential dwelling is present during all periods of overnight accommodations. This use is subordinate and incidental to the main residential use of the dwelling.
[Amended 4-22-2024 by L.L. No. 2-2024]
BUFFER ZONE
Strip of land used to separate one land use from another incompatible land use.
BUILDABLE LAND
The area of a lot that is calculated by subtracting from the gross area of the parcel the following:
(1)
State-regulated wetlands.
(2)
Federal-regulated wetlands.
(3)
FEMA-designated floodplains.
(4)
Land designated for public recreation.
(5)
Land required for roadways and public improvements.
(6)
For riverside lots, land in the Niagara River.
(7)
The area of soils that, based on bearing capacity, cannot be built upon, unless remediated to the satisfaction of the Town Engineer.
(8)
Land with a sustained slope of greater than 15%. Land with a sustained slope of 7% to 15% may be built upon demonstration to the satisfaction of the Town Engineer that said construction will be safe and in compliance with applicable codes.
BUILDING
A structure designed, used, or intended to be used as a shelter of humans, animals or objects, permanently fixed to a site or hauled to a site using an external source of propulsion. Mobile homes and towers shall be buildings for purposes of this chapter.
BUILDING CODE
The current codes applicable to New York State, as amended from time to time, are hereby declared to be the Building Code of the Town of Lewiston.
BUILDING HEIGHT or STRUCTURE HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building or structure to the highest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
BUILDING INSPECTOR
Any Town employee or agents, including Building Inspector, Fire Inspector, Zoning Inspector, or Plumbing Inspector, or their deputies, designated by resolution of the Town Board to administer and enforce the various building and use codes adopted by the Town.
BUILDING MATERIAL YARDS
A retail establishment selling lumber and other large building materials, where some display, storage and/or sales occur outdoors. Retail establishments where there is no outdoor lumberyard shall be classified as general retail.
BUILDING, NONCONFORMING
Any building or structure not permitted in the district in which it is built. A legal nonconforming building or structure is a building or structure that was legally authorized by the codes as they existed at the time it was constructed.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the lot on which the same is located.
BUSINESS DISTRICTS
Business districts shall include the following zoning districts: B District, RB Rural Business District and Traditional Neighborhood Design District.
[Added 4-22-2024 by L.L. No. 2-2024]
CAMPING GROUND
A parcel of land use or intended to be used, let or rented for occupancy by campers, but not including trailers.
CAMPING TRAILER PARK
A parcel of land upon which two or more travel trailers or camping vehicles are temporarily parked and occupied.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, in determining the permissible number of stories.
CEMETERY
A graveyard or burial ground for the internment of dead persons. The term includes not only the lots for depositing the bodies of the dead, but also the avenues, walks, grounds for shrubbery and ornamental purposes and the structures appurtenant to such use.
CHANGE
In reference to a land use, means the replacement of an existing use with a new use, or a change in the nature of an existing use. A change of ownership, tenancy, name or management, or a change in product of service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use.
CHILD-CARE CENTER
A place, person, association, corporation, institution or agency licensed by the State of New York providing care for three or more children for at least three hours, but less than 24 hours, away from the children's homes. This does not include care provided in an after-school program operated for the primary purpose of religious education, day camps or facilities operated by the public school system.
CLUB or LODGE
Building or land used by membership organizations, including business associations; civic, social and fraternal organizations; labor unions and similar organizations; and used for the promotion of the interests of the members and/or recreational or social purposes.
CLUSTER DEVELOPMENT
A planned development in which lots are plotted which have less than the minimum lot size and setback requirements but which have access to common open space that is part of the overall development plan approved by the Town Board. Cluster developments may not have more than the maximum density of dwelling units permitted by the zoning district for the lot.
COMMERCIAL CAR WASH
A commercial enterprise operated for profit and open to the public for the purpose of cleaning, washing, waxing, vacuuming, polishing, and/or detailing vehicles.
COMMUNITY FACILITIES
A Town hall, police stations, fire stations, library, schools, playgrounds, Town parks, water and sewer plants and other Town facilities.
COMPREHENSIVE PLAN
A plan as defined and adopted in accordance with § 272-a of Town Law of the State of New York, and any amendments or master plans attached thereto by resolution of the Town Board.
CONDOMINIUM
A building or group of buildings in which residential, business or industrial units are owned individually while the structure, common areas and facilities are owned jointly or by all the owners on a proportional basis.
COVERAGE
That percentage of the plot or land area covered by the building area.
CREMATORIUM
A facility for the burning of corpses, human or animal, to ashes either as a principal use or as an accessory use.
CULTURAL FACILITY
Public libraries, museums, art galleries and other similar community institutions.
CUSTOM TRADE, PLUMBING, HEATING AND ELECTRICAL SHOP
A facility that houses shops for plumbers, electricians, carpenters, or similar trades, including accessory offices and showrooms but excluding retail sales operations.
DENSITY
The number of individual residential units divided by the buildable land available for residential units in a particular parcel of land. Expressed as units per acre.
DEVELOPMENT DISTRICTS
Development districts shall be reserved for the Town of Lewiston's future use.
[Added 4-22-2024 by L.L. No. 2-2024]
DOCK
A structure built on or near the shoreline that provides a stationary landing for (a) fishing or swimming, or (b) anchoring, mooring, or storing vessels, but in residential districts, for not more than three vessels. "Dock" includes a wharf, pier, float, floating dock, island, or other similar structure. Not more than one dock and boathouse or storage shed may be built on a lot, and boathouses and/or storage sheds shall comply with all rules for accessory structures.
DOG KENNEL
A place for the keeping of more than three dogs that are more than six months old.
DRIVE-THROUGH ESTABLISHMENT
Retail facility where food, products or services may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee shops, pharmacies, or other retail stores.
DUPLEX HOUSE
A house consisting of two dwelling units.
DWELLING
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, erected on a permanent foundation.
DWELLING UNIT
A residential unit other than a mobile home, with one or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
ESSENTIAL PUBLIC SERVICES
The erection, construction, alteration or maintenance by public utilities, including telecommunications facilities of federally licensed telecommunications companies, or Town or other governmental agencies of underground or overhead gas, electrical, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment, buildings and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or Town or other governmental agencies or for the public health or safety or general welfare.
FAMILY
One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.
FARM
Any parcel of land containing at 10 acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits, and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academics, livery, or boarding stables and dog kennels.
FARM MARKET
A permanent structure, either seasonal or year-round, where agricultural producers retail their products and agriculture-related items directly to consumers.
FILLING STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
FINANCIAL INSTITUTION
An establishment primarily occupied in providing state-regulated financial business, such as banking, savings and loans, loans and investments.
FUNERAL HOMES AND MORTUARIES
A building or part thereof used for human funeral services and related uses, such as embalming, preparation for burial, the performance of autopsies, the storage of caskets, funeral urns and other related funeral supplies, and the storage of funeral vehicles, but shall not include facilities for cremation.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity of not more than three automobiles or not more than one automobile per family housed in the building to which such a garage is necessary, whichever is greater. Space therein may be used for not more than two passenger vehicles of others than occupants of the building to which such garage is accessory.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, used for the retail sale of gasoline, other motor vehicle fuel or other motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof or the storage of vehicles for any purpose other than servicing with fuel, lubricants, antifreeze, tire repair and other emergency repairs of a temporary nature.
HOTEL
A building or buildings containing sleeping rooms in which lodging is provided primarily for transient guests for compensation, and which may include public dining facilities.
HOUSE TRAILER
Any vehicle used or maintained for use as a conveyance upon highways or city streets, so designed and so constructed as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, having no other foundation than wheels or jacks.
HOUSE TRAILER CAMP
Any site, lot, field or tract of ground on which two or more house trailers may be placed and shall include any building, structure, tent, vehicle or enclosure used or intended to be used as a part of the equipment of such camp.
HOUSE TRAILER LOT
A unit of level, adequately drained ground of definite size, clearly indicated by corner markers for the placing of house trailer or a house trailer and tow ear.
JUNKYARD
A place where junk, waste and discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned, but not including pawn shops, antique shops, establishments for the sale, purchase or storage of used furniture, household equipment, clothing, used motor vehicles capable of being registered or machinery to be reused for the purpose for which originally manufactured.
KENNELS
The premises of building used for the temporary boarding for pay of domestic pets. Domestic pet breeding is permitted. Specifically excluded are pets and animals that may be pets but are normally considered wild.
LIGHT INDUSTRY
Uses engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building. "Light industrial" shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, or related industries.
LOT
A parcel or piece of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
(1)
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."(2)
LOT, DEPTH
The mean horizontal distance between the front and rear lot lines.(3)
LOT, INTERIOR
A Lot other than a corner lot.(4)
LOT LINES
The lines or series of connecting line segments bounding the lot.(5)
LOT LINES, FRONT
(a)
For an interior lot, the lot line abutting the street;
(b)
For a corner lot, the lot line designated as the front lot line by a subdivision or parcel map, or, if none, the shorter lot line abutting a street;
(c)
For a through lot, the lot line abutting the street that provides the primary access to the lot; and
(d)
For a flag lot, the lot line designated as the front lot line by a subdivision or parcel map, or, if none, the line determined by the Building Inspector to be the front lot line.
(6)
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.(7)
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."(8)
LOT LINE, STREET
A lot line separating the lot from a street.(9)
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.(10)
LOT WIDTH
The distance between the two side lot lines measured at the road right-of-way.LOT, NONCONFORMING
Any lot which does not conform with the minimum width, depth and area dimensions specified for the district in which said lot is located, and the owner(s) of said lot do(es) not own any adjoining property. A legal nonconforming lot is one which complied with the requirements of the chapter at the time it was created, or has a nonconforming use legally occurring upon it.
MANUFACTURED HOME
Homes built to the Federal Manufactured Home Construction and Safety Standards. Manufactured housing may only be placed in Manufactured Home Park Overlay Districts.
MAXIMUM BUILDING COVERAGE
The maximum percentage of a lot to be covered by the combined footprint of all buildings, structures, and uses.
MEDICAL OFFICE OR CLINIC
An establishment for medical professionals or medical services where the primary use is the delivery of health care services or testing and where no overnight accommodations are provided.
MIXED-USE STRUCTURE
A structure or building containing more than one category of uses, such as residential, institutional, retail, and/or office within the same complex or building.
MODULAR HOMES
Factory-built homes built to the state and local codes. Modules are transported to the site and installed on foundations meeting state and local standards.
MOTEL
See "hotel".
MOTOR HOME or RECREATION VEHICLE
A vehicle or trailer designed for temporary dwelling or recreational purposes, and includes travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers.
MOTOR VEHICLE REPAIR SHOP
A building or place of business where automobile repair service is rendered, and automotive supplies such as oil and greases, batteries, tires and/or accessories are supplied and dispensed directly to the public, at retail, but which does not include the sale of motor fuel.
MOTOR VEHICLE SERVICE STATION
A building or place of business where motor fuel, oil and greases, batteries, tires and/or automobile accessories are supplied and dispensed directly to the public, at retail, and where minor repair service may be rendered. The definition includes any convenience or other retail store selling motor fuel to the public.
MULTIPLE DWELLINGS
A dwelling used or designed for use as a "multiple dwelling" as defined in the New York State Multiple Residence Law.
NURSERY SCHOOL
See "child-care center."
NURSING HOME
A building or facility where persons are housed or lodged and furnished with meals and nursing care for hire.
OFFICES, BUSINESS OR PROFESSIONAL
A building or portion of a building wherein business, clerical, or professional activities are conducted, involving primarily administrative services.
OPEN AND UNDEVELOPED LAND
An unoccupied space not available to be sold as separate parcels or available for future building lots and not to include roads, vehicular access areas, rights-of-way or reservations for any purposes, including drainage and residential or developed areas.
[Added 9-9-1991 by L.L. No. 4-1991]
OPEN SPACE
The area which will be preserved from improvements, and shall include irreplaceable natural features, including but not limited to streams, wetlands, floodplains, significant stands of trees, individual trees of significant size, rock outcroppings, steep slopes, ravines, historical structures, recreational resources, and unique viewsheds. Roads are not part of open space but pedestrian paths and passive recreation improvements may be built in open spaces.
PARKING FACILITY
Any public or private land used for active or passive uses, which provides recreational uses, or cultural or aesthetic uses.
PARKING FACILITY
An area on a site for one or more off-street parking spaces, together with driveways, maneuvering areas, and similar features, but excluding commercial off-street parking lots and private garages.
PARKING SPACE
An area designated for parking a motor vehicle, excluding an area in a public right-of-way.
PATIO HOME
A one- or two-story dwelling that is one of a planned complex of such, often contiguous dwellings that border on a patio or courtyard.
PLACE OF WORSHIP
An institution that people regularly attend to participate in or hold religious services, meetings or other activities normally referred to as churches, synagogues, monasteries or temples. No structure classified as a dwelling shall be considered a house of worship.
PLANNED DEVELOPMENT
A project comprising two or more buildings designed to be maintained and/or operated as a single unit in a single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garage and parking areas. A planned development shall comprise a minimum of 20 acres.
PLAT
A map, plan or layout of a section or subdivision of the Town indicating the location and boundaries of individual properties.
PROFESSION, A MEMBER OF A LEARNED
A doctor of medicine, dentist, a member of the clergy, a lawyer, architect or professional engineer.
PROFESSIONAL HOME OFFICE
The office of a doctor, lawyer, dentist, other medical professional, insurance agent, accountant or similar professional located in his or her personal residence, with a separate entrance for the office, with no extra parking provided in the front yard, and no more than one nonilluminated sign, not more than four square feet in total area.
RECREATION, COMMERCIAL
An establishment, open to the public, which receives payment in for the provision recreational activities or entertainment related to leisure activities. Includes, but is not limited to, skating rinks, miniature golf courses, bowling alleys, racquet clubs, and health clubs. Such facility may also provide other support facilities such as snack bar and limited retail sales of related sports, health or fitness items.
RESEARCH FACILITIES, LABORATORIES AND TESTING FACILITY
An establishment where the primary use is the administration and conduct of experimentation, testing or investigation aimed at pure research and/or its practical application. Assembly or testing of goods may be conducted, but mass production of manufactured products is excluded.
RESIDENTIAL/AGRICULTURAL DISTRICT
Residential/Agricultural Districts shall include the following zoning districts: R-1 Districts: One-Family Residence Districts; RRT Districts: Rural Residential Transition Districts; RR Districts: Rural Residential Districts; R-2 Districts: Two-Family Residence Districts; Cluster Developments and Planned Unit Development Districts.
[Added 4-22-2024 by L.L. No. 2-2024]
RESTAURANT
A retail business selling food and beverages prepared on the site, for on- or off-premises consumption. Establishments where the sale of food is ancillary to the principal use of serving and consuming alcoholic beverages shall be considered a bar or tavern, not a restaurant.
RIVERSIDE ACCESSORY USE OR STRUCTURE
An accessory use or structure located or occurring on a riverside lot and unique to that location, such as boathouses, docks and piers.
RIVERSIDE LOT
A lot of which any portion borders the Niagara River. For purposes of setback and building coverage calculations, such lots will be deemed to end at the top of the bank of the river, or where a measurable bank is not present, at the normal highwater mark. Under no circumstances shall land under water be included in the lot for purposes of calculating setbacks or lot coverage requirements. Where a riverside lot is in common ownership with an adjoining lot separated by a right-of-way (even if covered by more than one deed), and the riverside lot is too small to permit construction of a principal use without a variance, both such lots shall be considered as "riverside lots" for purposes of this chapter, except for the application of the setback provisions of § 360-28.
ROADSIDE STANDS FOR THE SALE OF FARM PRODUCTS
A seasonal and temporary structure where sales of agricultural products directly to consumers occur.
SCHOOL
A facility, either public or private, that provides a curriculum of elementary and/or secondary academic instruction, including Pre-K, kindergartens, elementary schools, junior high schools and/or high schools, but not including trade schools or colleges.
SHOPPING CENTERS
The division of a single structure or grouping of structures (some of which may be in separate ownership) which constitute a convenient, planned and harmonious shopping and entertainment place with shared customer and employee parking areas.
SINGLE-FAMILY ATTACHED RESIDENTIAL DWELLING UNIT
An independent single-family dwelling unit with a common or party wall between adjacent units and each having a private outside entrance.
SHOPPING CENTER
The division of a single structure or grouping of structures (some of which may be in separate ownership) which constitute a convenient, planned and harmonious shopping and entertainment place with shared customer and employee parking areas.
(1)
LOCAL SHOPPING CENTER
A shopping center with a gross leasable area of less than 100,000 square feet.(2)
COMMUNITY SHOPPING CENTER
A shopping center with a gross leasable area of more than 100,000 square feet but less than 400,000 square feet.(3)
REGIONAL SHOPPING CENTER
A shopping center with a gross leasable area of more than 400,000 square feet.STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration, or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration, hire or sale.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. A basement shall be counted as a story if more than 1/2 of its height, measured from floor to ceiling, is above the finish grade of the ground adjoining the building.
STORY, HALF
A story under a gable, hip or gambrel roof to which access is had by a stairway complying with the requirements of the building code.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.
STRUCTURE
Anything constructed, the use of which requires permanent or temporary location on the ground or attachment to something having permanent or temporary location on the ground, including stationary and portable carports, docks, sheds, boathouses, towers, and structures of a similar nature. Also including swimming pools both in-ground and aboveground, decks, flag poles over 20 feet in height, and antennas. Excludes patios, walkways and pavements at ground level.
SUSTAINED SLOPE
A change in elevation where the referenced percent grade, measured at two-foot contour intervals, is maintained or exceeded throughout the measured area.[1]
TOURISTS or TRANSIENTS
Individuals occupying a dwelling unit or sleeping unit for less than 30 continuous days.
[Added 4-22-2024 by L.L. No. 2-2024]
TOWNHOUSE
A building or dwelling designed for or occupied by no more than one family and attached to other similar buildings or dwellings by party walls extending from the foundation to the roof thereof and providing direct access from the outside. A "townhouse" is individually owned, with an owner receiving a deed enabling him/her to sell, mortgage or exchange his/her dwelling unit independent of the owners of any other dwelling unit attached thereto by party wall.
TRANSIENT OCCUPANCY
Living and/or sleeping accommodation provided for compensation for any period of less than 30 consecutive calendar days. Hotels, motels, and transient short-term rentals shall individually and collectively be considered types of transient occupancies.
[Added 4-22-2024 by L.L. No. 2-2024]
TRANSIENT OR SHORT-TERM RENTAL
A dwelling or dwelling unit used for transient occupancy, where the recorded owner of the premises is not physically present upon the premises during the transient occupancy, and whether or not meals or cooking facilities are provided for the guests, boarders or tenants, but excluding hotel and motel uses.
[Added 4-22-2024 by L.L. No. 2-2024]
USE
The conduct of an activity, or a performance of a function, on a site or in a building or structure.
USE, NONCONFORMING
Any use not permitted in the district in which it is occurring. A legal nonconforming use is a use that was legally authorized by the chapter as it existed at the time the use commenced.
USE, PERMITTED
A use of property allowed by this chapter, after compliance with all relevant provisions of this chapter.
USE, PRINCIPAL
The primary function of a site, building, or facility. Only one principal use is allowed per lot.
USE, SPECIAL PERMITTED
A use which, because of its unique characteristics, requires individual consideration in each case by the Town Board before it may be permitted in the district enumerated in this chapter.
VEHICLE, COMMERCIAL
A vehicle or trailer with a carrying capacity of one ton or greater and when driven or towed requires a Commercial Driver's License (CDL) or endorsement to a license issued by the New York State Department of Motor Vehicles.
VETERINARY CLINIC
See "animal hospital".
WAREHOUSING OF GOODS FOR DISTRIBUTION
An establishment engaged in the storage and distribution of merchandise, manufactured products, supplies or equipment.
WHOLESALE BUSINESS AND STORAGE
An establishment that sells goods or merchandise in large quantities for resale, or that sells primarily to institutional, commercial, contractors or industrial users.
YARD
Any open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted.
(1)
YARD, FRONT
An open space which lies between the principal building or group of buildings and the front lot line or front setback line, unoccupied and unobstructed from the ground upward. In case of a corner lot or a through lot, the front yard requirements shall apply to yards fronting on any street.(2)
YARD, REAR
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except, on a riverside lot, for authorized docks and boathouses.(3)
YARD, SIDE
An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.ZERO LOT LINE
A common line through the center line of a block wall separating two dwelling units from the front to the rear of the property.
[1]
Editor's Note: The former definition of "tourist home," which immediately followed, was repealed 4-22-2024 by L.L. No. 2-2024.
§ 360-19 Amendments.
A.
Authorization. The Town Board, on its own motion, on petition, or on recommendation of the Planning Board, may by amendment supplement, repeal, or change the regulations and provisions of this chapter.
B.
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district, as designated on the Zoning Map, shall be filed with the Town Clerk on forms provided by the Building Inspector, including such fees set by the Town Board, and transmitted to the Town Board. Petitioner shall submit to the Planning Board and Town Board a site plan showing the extent, location and character of proposed structures and uses, and a completed environmental assessment form. The Planning Board or Town Board may require that the site plan be modified to meet municipal or public concerns. No building permit or zoning permit shall be issued for any property within the area described by said amendment, except in accordance with the approved site plan, including any conditions and limitations recommended by the Planning Board and/or imposed by the Town Board.
C.
Review by Planning Board. Any proposed change shall be submitted to the Planning Board for report and recommendation prior to the Town Board public hearing provided for below. If the Planning Board fails to submit its recommendation report within 60 days, it shall be deemed to have recommended approval of the proposed amendment or change. The Planning Board may hold its own public hearing prior to making its recommendation.
D.
Notice of public hearing. The Town Board shall hold a public hearing for all proposed amendments. The public hearing shall be advertised at least once in the official newspaper of the Town of Lewiston at least 10 days before the hearing. The notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of the subject of the hearing, and shall name the place or places where copies of the proposed amendment may be examined. At the public hearing, full opportunities to be heard shall be given to any citizen and all parties in interest.
(1)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any state park shall be given to the regional state park commission having jurisdiction over such facilities at least 10 days prior to the date of such public hearing.
(2)
The Town Board shall hold the public hearing on the rezoning application within 62 days of the Planning Board's recommendation. Approval of the rezoning shall be noted on the Zoning Map of the Town of Lewiston.
E.
Adoption over protest. The favorable vote of at least 3/4 of the members of the Town Board shall be required before the passage of an amendment which is protested by the owners of 20% or more of the area of:
(1)
The land included in such proposed change; or
(2)
The land immediately adjacent extending 100 feet from the street frontage of such opposite land.
§ 360-20 Review by County Planning Board.
The Building Inspector or the recording secretary of the Planning Board or Zoning Board of Appeals shall submit requests for review to the County Planning Board, whenever such review is required by state law (and in accordance with any agreement between the Town and county). No Board shall approve any matter where the County Planning Board has recommended disapproval, except by a 3/4 super-majority vote, upon written findings by the Board why it was not following the recommendation of the County Planning Board.