Lewiston Town City Zoning Code
ARTICLE XII
Traditional Neighborhood Design District
§ 360-87 Intent.
The Traditional Neighborhood Design District is intended to promote a mix of small-scale retail, service, professional office and residential uses which serve the day-to-day needs of the residents of the surrounding neighborhoods. This district shall accomplish and continue a sense of community, providing a walkable, pedestrian environment and encouraging a mixture of uses and mixed-use structures, including residential uses on the upper floors of nonresidential establishments. Design regulations are included that encourage compatible building arrangements, bulk, form, character and landscaping to establish a livable, harmonious and diverse environment. The preservation of existing structures that possess significant historic or other essential elements that contribute to the character of the district shall be strongly encouraged.
§ 360-88 Permitted uses.
Permitted uses shall be as follows:
A.
Personal service shops.
B.
Retail sales establishments, including but not limited to antique shops, bakeries, and other similar establishments.
C.
Restaurants with indoor seating (no drive-throughs).
D.
Financial institutions.
E.
Professional offices.
F.
Art, craft, dance, music schools or photography studios.
G.
Funeral homes and mortuaries (no crematoriums).
H.
Places of worship.
I.
Private clubs and lodges.
J.
Medical offices and clinics.
K.
Community facilities, libraries, public parks, playgrounds and public recreation areas.
L.
Mixed-use structures.
M.
Residential on the second floor of commercial uses.
N.
Single-family and two-family residences, including second-story dwelling units.
§ 360-89 Uses permitted with a special use permit.
[Amended 4-22-2024 by L.L. No. 2-2024]
The following uses are permitted in accordance with the Town's special use permit requirements:
A.
Small animal hospitals or veterinary clinics.
B.
Child-care centers and nursery schools.
C.
Bed-and-breakfast establishments.
D.
Multifamily dwellings.
E.
Outdoor seating for restaurants.
F.
Transient or short-term rentals.
§ 360-90 Accessory uses.
Accessory uses must be incidental to the principal use and located on the same lot with the principal building. Allowable accessory uses and buildings are as follows:
A.
Garages, off-street parking and storage buildings, subject to the design standards set forth in § 360-99, below.
B.
Fences, subject to § 360-194 of the Code of the Town of Lewiston.
C.
Signs, subject to Article XXI of the Code of the Town of Lewiston.
D.
Other structures and uses that are customarily incidental to the permitted primary use.
§ 360-91 Prohibited uses.
The following uses are specifically prohibited within the TND District.
A.
Any use or structure with vehicle drive-through facilities.
B.
Parking lots built to serve a use on another property.
C.
Truck terminals, wholesale or retail distribution centers.
D.
Automobile and marine vehicle sales and service.
E.
Self-storage facilities.
F.
Outdoor storage.
G.
Building equipment and contractor supply yards.
H.
Warehouses or wholesale centers.
I.
Any industrial or manufacturing use.
J.
Junk or salvage yard.
K.
Adult entertainment.
§ 360-92 Lot area provisions, residential lots.
No residential lot shall be less than 11,250 square feet.
§ 360-93 Lot area provisions, commercial lots.
There is no minimum size for commercial lots or mixed use lots, provided that there is sufficient area to permit required setbacks, landscaping and other design and bulk standards.
§ 360-94 Lot area provisions, mixed-use properties.
In properties with both residential and commercial uses, the lot area requirements are the same as for commercial lots.
§ 360-95 Lot dimensions.
No residential lot shall be less than 70 feet in width and 120 feet in depth. Corner lots shall be no less than 120 feet on each street. Any lot separately owned and recorded on the Tax Map of the Town of Lewiston at the time of enactment of this chapter which has a width less than 70 feet may be used as a residential building lot if it has sufficient area to permit the required setbacks and it is served by public sewers.
§ 360-96 Building size.
A.
No commercial building, exclusive of accessory buildings, porches, entries, garages and terraces, shall exceed 15,000 square feet in size.
B.
Every residential property shall have a minimum outside area of 850 square feet for a one-story dwelling; 720 square feet for a one-and-one-half story dwelling; and 550 square feet for a two-story or two-and-one-half-story dwelling.
C.
No building containing a residential unit shall contain a total of less than 600 square feet of usable living space for each one-bedroom family unit or apartment, 720 square feet of usable living space for each two-bedroom family unit or apartment and 1,000 square feet of usable living space for each three-bedroom family unit or apartment.
§ 360-97 Required yards.
Each lot shall have front, side and rear yards not less than the depths or widths following:
A.
Front yard depth. The front yard shall not be less than 10 feet. Where there is a preexisting building setback line established, principal structures may vary up to 35 feet from the established build-to line as measured from structures within 300 feet of either side line of the lot.
B.
Side yard width. Each side yard width shall be not less than 10 feet.
C.
Rear yard depth. The rear yard shall be not less than 25 feet.
§ 360-98 Building height.
The building height shall not exceed 40 feet, excluding roof equipment not intended for human occupancy.
§ 360-99 Design standards.
A.
General. All development and redevelopment requiring site plan approval must meet the requirements of any zoning overlay that exists in the area of development.
(1)
The scale, proportions, massing and detailing of any proposed buildings or major renovation shall be in proportion to the scale, proportion, massing and detailing of buildings in the surrounding area.
(2)
Connections shall be provided from the site to any existing sidewalk system.
(3)
Pedestrian and bicycles shall be accommodated in the site design.
B.
Parking lots.
(1)
All parking shall be located at the side or rear of the building, wherever possible. No parking shall be located in the front yard of the building unless site constraints prevent it from being located elsewhere.
(2)
If the parking is located in the side yard, it must be partially screened from the road by low walls, fences or hedges.
(3)
Parking lots shall not abut street intersections.
(4)
Adjacent parking lots shall have internal vehicular connections.
(5)
On-street parking directly fronting the lot shall count toward fulfilling the parking requirements of that lot.
C.
Architecture.
(1)
The architectural style of all new structures must be reviewed and approved by the Planning Board and generally should retain and enhance the small-scale, mixed residential and commercial character of the neighborhood, and complement adjacent residential uses.
(2)
Buildings that are designed around a corporate image or franchise design are discouraged. The architecture and design of buildings shall take on a rural character unique to the Town of Lewiston.
(3)
Walls shall be clad in stone, brick, marble, cast concrete, vinyl siding, drivit, and hardiboard or other cement paneling. Metal paneling is prohibited.
(4)
In general, at least 35% of any side of a nonresidential building that faces the street shall consist of windows.
(5)
Two wall materials may be combined (horizontally) on one facade. The heavier material must be below.
(6)
Rooflines shall be designed so as to not be flat; pitched design or elements that add special definition to the roof are required.
(7)
All rooftop equipment shall be enclosed in the building material that matches the structure or is visually compatible with the structure. All rooftop HVAC units, communications equipment, or other rooftop equipment shall be screened from view at ground level by use of building and/or roof features compatible with the design of the building.
(8)
Buildings intended for use by multiple tenants should be designed in such a way as to avoid the appearance of a long strip plaza and should contain features such as variations in scale and design and should incorporate breaks in the building that contain landscaped areas, gathering spaces, or architectural amenities.
§ 360-100 Lot coverage.
All buildings and impervious surfaces, including but not limited to parking areas and public or private drives may not cover more than 70% of a project site. Where a property owner has shared access and shared parking arrangements with adjoining property owners in perpetuity (for example: via a permanent easement recorded in the deed), the lot coverage requirements may be increased to 85% of the lot.
§ 360-101 Site lighting.
It is the intent of these standards and provisions to prevent, reduce or eliminate the problems created by improperly designed and installed outdoor lighting. Specifically, glare, light trespass, excessive energy usage and financial burden are all negative effects of poor site lighting design standards. The purpose of careful site lighting approaches is to ensure that outdoor lighting is designed to increase safety for both pedestrian and vehicular traffic and does not interfere with the reasonable use and enjoyment of property. The following standards shall apply to the design and installation of site lighting in a TND District.
A.
Lighting design shall not create a nuisance to adjacent residences.
(1)
All external lighting sources shall be designed and shielded to avoid hazardous interference and direct glare onto adjacent streets and properties.
(2)
The lenses in pole and wall-mounted lighting shall be recessed to control the adverse impacts of light spill-out and glare.
(3)
Parking area lighting fixtures shall not be illuminated after 11:00 p.m.
(4)
Security lighting and other building lighting will be allowed to operate as long as it does not create a nuisance to adjacent residences. Building-mounted security lighting must be shielded and directed downward.
B.
Outdoor site lighting shall accent existing community character and styling.
(1)
Pole-mounted lighting shall not exceed a total height of 15 feet from finished grade to the top of the fixture.
(2)
A mixture of lamp types on the same site shall be avoided.
(3)
To provide optimum color rendition, lamps are preferred in the following order: high-pressure sodium, metal halide, low-pressure sodium.
§ 360-102 Landscaping.
Landscaping and the preservation of natural vegetation creates an attractive and harmonious community, relieves the stark, blighted appearance of paved surfaces, provides shade and improves the general appearance of the built environment. Discouraging the unnecessary clearing and disturbance of land, and encouraging the aesthetic improvement of site development through the use of trees and plantings and the preservation of natural areas, can result in the overall improvement of scenic quality and the stabilization and enhancement of property values and the business environment. The follow standards shall apply to the design and installation of landscaping in a TND District:
A.
All existing trees larger than six inches in diameter, as measured three feet above grade, shall not be removed without prior Planning Board approval.
B.
All groups of trees and other natural vegetation shall be incorporated onto the landscaping plan where feasible. Efforts shall be made to preserve these features, particularly along rear lot lines.
C.
A minimum of one tree per 30 feet of frontage shall be planted in the required front yard setback area. Additional trees shall be planted throughout the developed area at a ratio of one tree per 30 feet of side yard and rear yard dimensions.
D.
Trees planted along the side and rear lot lines may be evenly spaced or clustered together to break up the monotony of the design.
E.
On all lots that do not have an existing vegetated buffer along the rear lot line, the applicant shall vegetate this area with new shrubs and trees, and natural berms or screen fencing at the discretion of the Planning Board.
F.
A minimum ground area of not less than 15% of the total lot area shall be landscaped.
G.
Landscaping shall be designed as an integral part of the entire development, with the arrangement and location of a landscaped area disbursed throughout the development site, not just placed at the rear or sides of the site.
H.
Not less than 8% of the interior of a parking area designed for 10 cars or more shall be devoted to the required landscaped area and shall be distributed so as to prevent unsightliness and monotony of parked cars.
I.
Vegetation shall be compatible with soil conditions on the development site and the regional climate.
J.
The primary emphasis of the landscape treatment shall be on trees. Shrubbery, hedges, grass and other vegetation should be used to complement the use of trees, but shall not be the sole contribution to the landscape treatment.
K.
The interior dimensions of any area or median shall be a minimum of seven feet wide to ensure the proper growth of materials planted therein.
L.
All trees planted shall have a minimum caliper of 2.5 inches six inches above the ground.
M.
Plastic or other types of artificial plantings or vegetation shall not be permitted.
N.
Parking, loading and stacking areas and driveways located adjacent to residential districts shall be landscaped by screening and/or buffering. Such screening and/or buffering shall be so designed that a person standing on the adjacent residential parcel on the minimum setback line, five feet above the average finished grade, would not be able to perceive by eye any uses, activities or automobile lights originating from said parking, loading or stacking areas or driveway. This standard may be met by using various techniques, such as fencing, plant materials, earthen berms or combinations thereof. Such techniques can be applied within the required side and rear yards.
O.
All landscaped areas required and/or permitted by this section shall be maintained and preserved according to the plan as originally approved or as amended by the Planning Board. Flora which dies shall be replaced within the next planting season by plantings of a similar nature.
§ 360-103 Signage.
By lending attention to signage and the visual appearance of signs you can protect and improve property values, create a more attractive economic and business environment and reduce distractions and obstructions that can disrupt the visual appeal of a TND District. Creating a more pleasant and uniform visual setting and eliminating the chaotic and haphazard design, orientation and placement of signage can eliminate scenic blight. The following standards shall apply to the design and installation of signage in the TND District.
A.
Signage should be designed at a human scale and in relation to a walkable commercial business area.
B.
No freestanding sign shall be erected on any property with less than 50 feet of frontage.
C.
No freestanding sign shall be installed within 10 feet of the property or right-of-way line.
D.
No sign shall be erected in such a manner as to obstruct free egress from a window, door or fire escape or so as to become a menace to life, health or property.
E.
No sign shall be erected in such manner as to prevent the driver of any vehicle from having a clear and unobstructed view of any official sign(s), any entrance or exit roadway, any intersection, or approaching or merging traffic.
F.
Proposed signage shall be considered in conjunction with existing signage in the vicinity to insure compatibility with existing conditions and adherence to the intent of this district.
G.
Each building shall be permitted a maximum of one building sign and one freestanding sign.
H.
Individual building signs shall be no larger than 48 square feet, shall be completely affixed to the building and shall not protrude from the building face more than six inches.
I.
In the case of a multi-tenant building, each tenant shall be permitted one building sign, affixed to the portion of the building that they lease, that is no larger than 12 square feet, which shall count towards the overall total of 48 square feet of building signage.
J.
Multi-tenant building are restricted to one freestanding sign.
K.
Freestanding signs shall not exceed six feet in height and are limited to no more than 30 square feet of signage per side (including foundation).
L.
Landscaping shall be utilized to enhance the appearance of freestanding signage.
M.
Any illuminated sign or lighting device shall employ only light of constant intensity.
N.
No sign shall be placed or be directed so as to permit the sign illumination to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause hardship or danger to any person or persons.
O.
No sign or part thereof shall contain or consist of any pennant, ribbon, streamer, balloons, spinner or other similar moving, fluttering, or revolving device. Such devices shall be prohibited even if they have no message or logo on them. The said devices, as well as strings of lights, shall not be used for advertising or attracting attention whether or not they are part of the sign.
P.
No sign or part thereof may rotate or move in any direction.
Q.
LED (electronic message) signs are prohibited.
R.
Street address numbers shall be posted on all buildings.
S.
Awning and unlit canopy signs shall contain only the name, logo and street number of the enterprise.
T.
Walls signs shall not exceed more than 50 square feet in area or cover more than 20% of the wall.
U.
The appearance and placement of signage shall be subject to Planning Board discretion as part of the site plan review process.
V.
Signage shall not be placed on the roof or above the roofline of a building, and shall not extend beyond the building or obstruct windows or other architectural elements.
W.
Temporary signs, banners or other promotional signage shall not be permitted to exist on the site for longer than 14 days unless approved by the Planning Board.
X.
In addition to the above noted provisions, all signage shall comply with the standards outlined in Article XXI of this chapter.
§ 360-104 Access management.
The objective of access management is to reduce the number of conflict points and to ensure vehicular and pedestrian safety.
A.
Shared access and cross access of adjacent lots is encouraged, subject to Planning Board review, to reduce the number of curb cuts and provide access control.
B.
The location and number of access points are subject to the review and approval of the Planning Board, Town Engineer, and when appropriate, the Town Highway Superintendent.
C.
Access management should reference the NYSDOT Best Practices in Arterial Management.