Lewiston Village City Zoning Code
Sec. 9
District regulations.
A.
R-1 District: Low Density Residential Single-Family District.
R-1a District: Medium Density Residential Single-Family District.
1.
Permitted principal uses.
a.
Single-family dwellings.
b.
Single-family cluster residential developments subject to the requirements and procedures of section 10R.
c.
Churches and other similar places of worship, parish houses, convents and other such facilities of recognized religious groups.
d.
Municipal parks, playgrounds and recreation areas deemed necessary and appropriate by the village board.
e.
Public buildings.
2.
Permitted accessory uses.
a.
Private garages.
b.
Home occupation and other customary accessory uses that are clearly incidental to the principal use and do not include any activity commonly conducted as a business. There shall be no external evidence of such use except an announcement or professional sign not over two square feet in area.
c.
Other customary residential structures such as private swimming pools, fireplaces, trellises, lampposts and animal shelters for domestic pets of the household.
d.
Signs in accordance with section 13.
e.
Parking in accordance with section 12.
3.
Uses permitted with a special use permit subject to the requirements of section 11.
a.
Public utility uses.
b.
Certain limited personal service.
c.
Private clubs.
d.
Hospitals, philanthropic and charitable institutions and similar uses. No such use, however, shall be established or permitted on a parcel of land less than two acres in area, nor shall any part of such use be permitted within 20 feet of any street line or lot line.
e.
Bed and breakfast/short-term rentals.
B.
R-2 District: Residential Two-Family District.
1.
Permitted principal uses.
a.
All uses permitted in R-1 and R-1a Districts, section 9A, part 1, subject to all the restrictions specified therein.
b.
Two-family dwellings.
c.
Townhouses.
2.
Permitted accessory uses.
a.
All accessory uses permitted in R-1 and R-1a Districts, section 9A, Part 2, subject to all restrictions specified therein.
3.
Uses permitted with a special use permit subject to the regulations of section 11.
a.
Public utility uses.
b.
Certain limited personal services.
c.
Private clubs.
d.
Hospitals, philanthropic and charitable institutions and similar uses. No such use, however, shall be established or permitted on a parcel of land less than two acres in area, nor shall any part of such use be permitted within 20 feet of any street line or lot line.
e.
Reserved.
f.
Bed and breakfast residences/short-term rentals.
C.
R-3 District: Residential Multifamily District.
1.
Permitted principal uses.
a.
All uses permitted in R-2 districts, section 9B, part 1, subject to all the restrictions specified therein.
b.
Garden apartments and town house apartments, subject to the requirements and procedures of section 10R.
c.
Clubs and lodges, excepting such clubs and lodges the chief activity of which is a service customarily carried on as a business or primarily for gain. In conjunction with such club or lodge, a dining room may be operated provided it is incidental to the activities of said club or lodge and is conducted for the benefit of the members thereof only, and further provided that no signs be displayed advertising such activity.
d.
Fraternity and sorority houses.
e.
Hospitals, philanthropic and charitable institutions and similar uses. No such use, however, shall be established or permitted on a parcel of land less than two acres in area, nor shall any part of such use be permitted within 20 feet of any street line or lot line.
2.
Permitted accessory uses.
a.
All accessory uses permitted in R-1a districts, section 9A, part 2, subject to all restrictions specified therein.
3.
Uses permitted with a special use permit subject to the regulations of section 11.
a.
Public utility uses.
b.
Short-term rental.
D.
B District: General Business District.
1.
Permitted principal uses subject to the requirements of section 10R.
a.
Retail business establishments which are clearly of a community service character, such as, but not limited to the following:
i.
Stores selling groceries, meats, baked goods and other such food items.
ii.
Drugstores.
iii.
Stationery, tobacco and newspaper stores, luncheonettes, and confectionery stores.
iv.
Hardware, radio and television stores.
v.
Clothing, accessory and jewelry stores.
vi.
Reserved.
vii.
Churches, libraries and other public and quasi-public buildings.
b.
Personal service establishments which are clearly of a community character, such as, but not limited to the following:
i.
Barber[shops] and beauty shops.
ii.
Professional and craft studios.
iii.
Tailor shops, dry cleaning pickup stations and self-service laundries.
iv.
Business and professional offices, banks and financial institutions.
v.
Funeral homes.
vi.
Establishments servicing goods such as those permitted under part 1.a. of section 9D.
vii.
Public utility offices and substations.
c.
Equipment sales and service.
d.
Commercial recreation uses such as bowling alleys.
e.
Theaters and places of public assembly.
f.
Wholesale businesses such as wholesale tobacconists, candy stores and the like, which, within the opinion of the board of trustees, will not be detrimental to or endanger public safety.
g.
Other business uses which, in the opinion of the board of appeals, are similar in nature and scale to those permitted above.
h.
Combined uses of single bedroom apartments with the permitted uses set forth above in paragraph 1. a. and b.
2.
Permitted accessory uses.
a.
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
b.
Dwelling units, accessory to the principal business use, provided said units are:
i.
Located in the principal building.
ii.
In compliance with the area and yard requirements of the R-3 district, except side yard requirements which shall be waived when the dwelling units are above the first floor and the first floor is used commercially.
3.
Uses permitted with a special use permit subject to the regulations of section 11.
a.
Public utility uses.
b.
Hospitals, philanthropic and charitable institutions.
c.
Automobile sales and service.
d.
Shops for custom work or making articles or products to be sold at retail on the premises.
e.
Private clubs.
f.
Hotels and motels.
g.
Gasoline stations.
h.
Motor vehicle repair shops.
i.
Combined uses of gasoline stations with convenience food stores which use is permitted only in that portion of the B-1 district bounded on the north by Cayuga Street; on the south by Seneca Street; on the west by 8th Street and on the west side of Portage Road and excluding any portion of the bowling alley property TM#101.15-1-06 which lies within the boundary area.
j.
Bed and breakfast residences/short-term rental.
k.
Reserved.
E.
RB District: Restricted Business District.
1.
Permitted principal uses subject to the requirements of section 10R.
a.
Personal service and retail establishments which are of a community character such as, but not limited to, the following:
1.
Barber[shops] and beauty shops.
2.
Professional and craft studios.
3.
Tailor and dressmaking shops.
4.
Business and professional offices.
5.
Public utility offices.
6.
Florists, galleries, clothing and accessory shops; stores selling gifts, stationery, books and jewelry.
b.
Other business uses which, in the opinion of the zoning board of appeals, are similar in nature and scale to those permitted above.
2.
Permitted accessory uses and substations.
a.
All accessory uses permitted in the B district, section 9D, part 2.
3.
Uses permitted with a special use permit subject to the regulations of section 11.
a.
Public utility uses.
b.
Hospitals, philanthropic and charitable institutions.
c.
Private clubs.
d.
Restaurants.
e.
Banks and funeral homes.
f.
Bed and breakfast/short-term rentals.
F.
O-P District: Open and Public District.
1.
The intent of the district is to delineate publicly owned and/or open areas.
2.
Lands owned by the village may, at the discretion of the village, be leased for the purpose of establishing senior citizen community facilities. At such time, the height and bulk of buildings to be erected, the area of yards and other open spaces and the population density limitations will be determined by the board of trustees together with such other regulations deemed necessary. As a procedural matter, the board of trustees will treat any consideration as if it were a special use permit and follow such procedures as outlined in the law.
3.
No use, structure or accessory use or structure shall be undertaken along the shoreline that will contribute to flooding and erosion or inhibit public control efforts, permanently reduce existing access, substantially reduce public vistas or jeopardize coastal resources in accordance with the adopted local waterfront revitalization program for the Village of Lewiston.
G.
R-4 District: Residential Multi-Family-Professional Office District.
1.
Permitted principal uses.
a.
All uses permitted in R-3 districts, section 9C, part 1, subject to all the restrictions specified therein.
2.
Permitted accessory uses.
a.
All accessory uses permitted in R-3 districts, section 9C, part 2, subject to all restrictions specified therein.
3.
Uses permitted with a special use permit subject to the procedures and regulations of section 10R and section 11.
a.
All uses set forth in R-3 districts, section 9C, part 3, subject to all restrictions specified therein.
b.
Professional offices or the combined use of professional offices with dwelling units.
H.
R-5 District: Residential Townhouse District.
1.
Permitted principal uses.
a.
All uses permitted in R-1 districts, section 9A, part 1, subject to all the restrictions specified therein.
2.
Permitted accessory uses.
a.
All accessory uses permitted in R-1a districts, section 9A, part 2, subject to all restrictions specified therein.
3.
Uses permitted with a special use permit subject to the procedures and regulations of section 10R and section 11.
a.
Townhouse dwellings.
I.
W-D District: Waterfront Development District.
1.
Permitted principal uses subject to the requirements of section 10R.
a.
Uses which depend on proximity, access and/or utilization of the water including, but not limited to, the following:
1.
Boat liveries and marinas.
2.
Boat and boating accessories service, repair, sales and rental.
3.
Fishing and tackle equipment and supplies sales.
4.
Flood and erosion protection structures.
b.
Uses which are enhanced by a waterfront location and proximity to water-dependent uses including, but not limited to, the following:
1.
Tourist facilities (restrooms, snackbars, information areas, cultural and recreation facilities).
2.
Restaurants and eating establishments.
3.
Hotels and motels.
4.
Bed and breakfast residences.
5.
Retail and service facilities complementary to the above uses.
c.
Other water-related uses which, in the opinion of the zoning board of appeals, are similar in nature to those permitted above and are consistent with the adopted Village of Lewiston Local Waterfront Revitalization Program.
2.
Permitted accessory uses.
a.
Parking areas in accordance with section 12.
b.
Temporary boat and boating equipment storage.
c.
Signs in accordance with section 13.
d.
Other accessory uses incidental to those permitted above.
J.
RB-2 District: Retail Business District.
1.
Permitted principal use is subject to the requirements of section 10R.
a.
Retail business and personal service establishments as follows provided that such uses promote or enhance the continuity of use as a retail shopping area, promotion of pedestrian traffic and enhancement of aesthetic qualities of the area:
1.
Stores selling groceries, meats, baked goods and other foods.
2.
Drug stores.
3.
Stationary, tobacco, newspaper stores, luncheonettes and confectionery stores.
4.
Hardware, radio and television stores.
5.
Clothing, accessory and jewelry stores.
6.
Restaurants and drinking places.
7.
Barber and beauty shops.
8.
Professional and craft studios.
9.
Professional offices which provide legal, medical, architectural, accounting or real estate services.
10.
Tailor shops, and dry cleaning pick-up stations.
b.
Other retail business and personal services establishments which, in the opinion of the board of trustees, are similar in nature to those permitted above and are consistent with the promotion of pedestrian traffic and enhancement of the aesthetic quality of the district.
2.
Permitted accessory uses. All accessory uses as are permitted in B districts, provided that they do not adversely affect the purpose set forth in paragraph 1.a.
3.
Uses permitted with a special use permit subject to the regulations of section 11.
a.
Apartments when such use is combined with retail and personal service establishments as set forth in paragraph 1.
b.
Repair and service when such use is auxiliary to a retail use as set forth in paragraph 1.
c.
Business offices when such use is combined with retail business and personal service establishments as described in paragraph 1.
d.
Banks and financial institutions.
e.
Hotels and inns when such use will provide enhancement of pedestrian traffic.
f.
Bed and breakfast/short-term rental establishments when such use is secondary use of the premises.
g.
Theaters and places of public assembly.
h.
Public buildings.
i.
Private clubs when such use is a secondary use to the principal types of uses as set forth in paragraph 1.
j.
Shops for custom work or making of articles or products to be sold at retail on the premises.
k.
Other uses which, in the opinion of the board of trustees are similar in nature to those permitted above and are consistent with the promotion or enhancement of the district uses as a shopping area, promotion of pedestrian traffic and enhancement of aesthetic quality of the district.
(Code 1978, app. B, § 9; L.L. No. 9-1973, §§ 1—3; L.L. No. 3-1977, § 2; L.L. No. 6-1979, § 1; L.L. No. 7-1983, §§ 1, 2; L.L. No. 8-1983, §§ 1, 2; L.L. No. 3-1984, § 2; L.L. No. 11-1984, § 1; L.L. No. 13-1984, §§ 3—6; L.L. No. 5-1986, § 1; L.L. No. 3-1987, §§ 1, 2; Ord. No. 3-1987, §§ 4, 5; L.L. No. 4-1987, § 1; L.L. No. 9-1989, §§ 3—5; L.L. No. 2-1991, § 1; L.L. No. 6-1991, §§ 2—5; L.L. No. 11-1991, § 1; L.L. No. 4-2023; L.L. No. 5-5023; L.L. No. 6-2023; L.L. No. 7-2023; L.L. No. 8-2023; L.L. No. 10-2023; L.L. No. 11-2023; L.L. No. 13-2023)