A.

Preservation of natural features.

1.

No structure other than bridges shall be built within 50 feet of a stream carrying water on an average of six months of the year except in the case of the Niagara River nor on land subject to periodic overflow.

2.

Structures on parcels abutting on the Niagara River must be in conformity with the requirements of federal and state laws and international treaties.

3.

No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which the topsoil shall be taken except in connection with the construction or alteration of a building in such premises and excavation or grading incidental thereto, provided such stripping, excavation or otherwise removal of topsoil complies with chapter 16, stormwater management, of the village Code.

4.

As to any area of land having an area of more than one acre from which topsoil has been removed or covered over by fill, such area shall be seeded to provide an effective cover crop within the first growing season following the start of said operation, provided that any such seeding and topsoil removal or coverage over by fill shall comply with chapter 16, stormwater management, of the village Code.

5.

Existing natural features such as trees, brooks, drainage channels and view/vistas shall be retained. Whenever such features interfere with the proposed uses of such property, retention of the maximum amount of such features consistent with the use of the property shall be required. No use shall be undertaken which eliminates or substantially reduces the view/vista of an existing property due to height, bulk or orientation of structure.

6.

The existing Niagara escarpment shall not be breached, excavated, blasted or otherwise altered or damaged.

7.

For the purpose of preserving the natural features in all areas in the Village of Lewiston having natural slopes of not less than 20 percent, i.e., a vertical rise in ground elevation of 20 feet within a horizontal distance of 100 feet, no development permitted by the district within which such slope occurs shall be permitted on such slope until the requirements and procedures set forth in this local law and section 10R have been complied with.

B.

Lot and yard regulations and modifications.

1.

No lot shall have erected upon it more than one principal building.

2.

No yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be considered to provide a yard or open space for any other building.

3.

All yards, open space, off-street parking, and required landscaping must be contained within the zone in which the use is permitted.

4.

Where a district boundary line divides a lot which is in single or joint ownership of record at the time such line is adopted, the regulations of the less restricted district shall apply to the portion of such lot lying within the less restricted district and the regulations of the more restricted district shall apply to that portion of the lot lying within the more restricted district.

5.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this ordinance either with respect to any existing structures or use and any proposed structures or use.

6.

No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which said lot is located. Whenever such reduction in lot area occurs, any building located on said lot shall not thereafter be used until such building is altered, reconstructed, or relocated, so as to comply with the area and yard requirements applicable thereto.

7.

Any lot separately owned and recorded on the tax map of the Village of Lewiston at the time of enactment of this ordinance which has a width of less than the prescribed number of feet permitted in an applicable district may be used as a building lot if it shall have sufficient area to permit the required front and rear yard setbacks within such district and in accordance with section 10, subsection B 10.

8.

Any lot in a subdivision heretofore approved by the planning commission at the time of enactment of this ordinance which contains lots having a width of less than the prescribed number of feet permitted by this ordinance may be sold and a residence constructed thereon, notwithstanding the provisions of the ordinance.

9.

Notwithstanding the limitations imposed by the foregoing or any other provisions of this ordinance, the board of appeals may permit erection of a dwelling on any lot, separately owned or under contract of sale and containing at the time of passage of this ordinance an area, width or depth smaller than that required for a one-family dwelling provided the lot and proposed dwelling comply with the pre-existing ordinance.

10.

In the case of lots which comply with the provisions for modification of size under paragraph 9, the combined total side yard requirements as specified in the schedule shall be reduced by six inches for each foot by which a lot is less than the minimum lot width requirement specified in the schedule for the zone in which located. In any case, the side yard area shall be reduced to not less than 50 percent of the requirement of the schedule.

11.

Terraces: A paved surface shall not be considered a part of the building in the determination of yard sizes, provided, however, that such surface is unroofed and without walls, parapets, or other form of enclosure. Such surface, however, may have an open guard railing not over three feet high, and shall not project into any yard to a point closer than four feet from any lot line.

12.

Corner lots: On every corner lot in a residential district there shall be provided on the side street a side yard equal in depth to that required for the front yard depth of the side street.

C.

Accessory building.

1.

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this ordinance for the principal building.

2.

Detached accessory buildings shall comply in all respects with the yard requirements for accessory buildings specified in the zoning schedule, section 8.

3.

For the purpose of regulating the locations of accessory buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.

4.

Accessory buildings, including but not limited to, private garage and house trailer, shall not be placed within a required front yard. Undue hardship cases shall be treated by the zoning board of appeals as a variance request.

D.

Street frontage.

1.

Every principal building shall be built upon a lot with frontage upon a public street improved to meet the village's requirements.

2.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

E.

Height modifications and exceptions.

1.

In any district any principal building may be erected to a height in excess of that specified for the district provided such front, side, and rear yard is increased one foot for each one foot of such additional height and with the approval of the zoning board of appeals. Prior to such approval, the building plan shall be submitted to the fire chief for his recommendation as regards fire prevention, safety, alarms and fighting.

2.

The height limitation of this ordinance shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20 percent of the ground floor area of the building.

3.

The provisions of this ordinance shall not apply to prevent the erection above the building height limit of parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.

F.

Visibility at intersections.

1.

At all street intersections, no obstructions to vision such as a wall, fence or hedge exceeding 30 inches in height above the established grade of the street or the property line, except a single post or tree, shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 30 feet distant from their point of intersection.

2.

At such intersections, no tree shall be planted or allowed to remain between the said pavement or roadbed and the street lines of adjoining lots, whose lower or lowest limbs shall be within eight feet of the ground; and no signs of greater area than four square feet shall be erected, maintained or used within 200 feet of such intersections, measured on the street or lot line.

G.

Fences, walls or hedges.

1.

Permit required. It shall be unlawful for any person to erect, construct, relocate, or maintain a fence or hedge in any district without first having obtained a permit from the zoning board of appeals if said fence is in excess of the following specifications:

a.

On a front lot —four feet in height;

b.

On a side lot line in a front yard—four feet in height;

c.

On a side lot line in a side or rear yard—six feet in height;

d.

On a rear lot line—six feet in height.

2.

Application. Applicant shall file an application for a building permit accompanied by a drawing or sketch showing location and detail of general construction.

3.

Refusal. In the event the applicant cannot secure the consent of all abutting property owners, then he shall have the right to call for a public hearing before the zoning board of appeals in the usual manner. The board shall have the power to approve the application, basing their decision on the merits of the case.

4.

Measure. The height of a fence, wall or hedge shall be measured from the ground level at the base of the fence, wall or hedge.

5.

Appearance. All support portions of a fence, including vertical supports, if visible, shall be placed on and face the interior of the property upon which the fence is erected.

These restrictions shall not be applied so as to restrict the erection, alteration, or reconstruction of fences used in connection with farms except insofar as such fences might affect the public safety.

These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

H.

Swimming pools.

1.

No swimming pool shall be constructed, installed or maintained on any premises within the village except in compliance with all the provisions contained in the Code.

2.

The term "swimming pool" or "pool" as used in this article shall mean any body of water or receptacle for water, having a depth at any point greater than two feet, constructed, installed, or maintained in or above ground for swimming, bathing or immersion therein.

3.

No person shall construct, install, enlarge or alter a swimming pool without having first applied for and secured approval of the issuance of a permit from the building inspector on such form as he may prescribe. Such application shall be accompanied by plans and specifications with sufficient detail to establish that it will be constructed in accordance with the requirements of the Code and shall include the following:

a.

Pool dimensions, depths, volume in gallons, the distance of the pool from all lot lines, existing and proposed structures, if any.

b.

Location and type of pool fencing and means used to prevent unauthorized access to the pool.

4.

Fencing of swimming pools.

a.

All swimming pools shall be completely enclosed by a fence. All fence openings, or points of entry into the pool area enclosure shall be equipped with gates. The fence and gates shall be a minimum of four feet in height above the grade level and shall be permanent construction of suitable quality, strength and durability to prevent entry into the swimming pool area. All gates shall be equipped with self-closing and self-latching devices for keeping the gate securely closed and locked at all times, when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

b.

In the case of aboveground swimming pools which have fencing or other suitable barriers as a part of their construction which would prevent access, additional fencing will not be required provided that the ladder or gates have a means of preventing access to the pool (i.e., a foldup affair or some means of preventing the use of the ladder to gain access to the pool).

5.

Location of swimming pools filters and other mechanical devices.

a.

No swimming pool shall be located within the required front yard.

b.

No portion of the swimming pool shall be located at a distance less than five feet from any property line.

c.

Filter pumps and other mechanical devices used in connection with a swimming pool shall be located at least five feet away from the property line and be so constructed as to not interfere with comfort, repose, health, peace or safety of occupants of adjoining premises.

6.

If not otherwise provided for in the building code, the electrical installation providing power to the recirculation system shall be circuited through a ground-fault connector in operating condition.

7.

If the use of any swimming pool shall be abandoned or permanently discontinued, the owner, in the case of an in ground pool, shall completely fill the pool and return the surface of the ground to its original grade and approximately to the same condition as existed before the pool was constructed, and in the case of an aboveground pool, the owner shall disassemble and remove the pool and return the surface of the ground to its original grade and approximately the same condition as existed before the pool was constructed.

8.

The building inspector may inspect all swimming pools to determine whether or not the provisions of this Code regarding health, sanitation and safety applicable thereto are being met and may enter the premises for the purposes of determining compliance therewith.

I.

Moving of buildings. The moving of any building from any place to a new site within any use district shall be deemed to be an erection or construction and as such, shall be subject to all provisions of the building code and zoning ordinance. Permits shall be granted only by the zoning board of appeals, after public hearing. A surety bond in an amount satisfactory to the village board of trustees or the superintendent of public works shall be furnished by the applicant to indemnify and save harmless the said Village of Lewiston from damages.

J.

Surface waters and grading. No improvement on any plot or lot shall be made in such a way as to cause or permit surface water to overflow onto any public highway or abutting property in such manner as to interfere with the natural drainage of the land. A drain, ditch or swale of sufficient size where required shall be provided between abutting properties to carry surface water in the direction of natural drainage of the land.

K.

Storage of flammable liquids. The storage of flammable liquids shall be entirely underground in storage tanks approved by the New York State Board of Fire Underwriters and having a pipe layout satisfactory to the building inspector. Safety containers shall be used within any building or structure in which flammable liquids are handled.

L.

Clean-up requirements. No person shall permit uncut grass, weeds, brush, rubble, trees, etc., abandoned scrap of any nature, machinery, building material or other such debris on real property.

(a)

The property owner shall be responsible to have grass, bushes, shrubs, trees, cut and trimmed to conform to the character of the surrounding homes and businesses.

M.

Dumping. Dumping of refuse, waste material and other substances is prohibited in all districts in the village except for the purpose of filling to establish grades for which a permit must be obtained from the village board, provided that any such filling is consistent with the provisions of article IV, storm sewers, of chapter 20 of the village Code, and chapter 16, stormwater management, of the village Code.

N.

Nonoperating motor vehicles. The dismantling, storage, or salvaging of motor vehicles not in legally operable condition shall not be permitted except within an enclosed building or within a licensed junkyard, and shall in no case be permitted within a required front yard.

O.

Unsafe buildings.

1.

A building or structure or any part thereof that may be or shall at any time hereafter become dangerous or unsafe shall, unless made safe and secure, be taken down and removed.

2.

No building damaged by fire or any other cause to the extent of more than 50 percent of its full valuation shall be repaired or rebuilt except in conformity with the regulations of this ordinance.

3.

If the building inspector shall determine that any building or other structure shall be unsafe or dangerous to person or property, he shall serve or cause to be served a written notice upon the owners and occupants thereof or such of them whose identity and whereabouts can be determined, and if such person shall within 30 days of a written notice fail to comply with the requirements of the notice, the village board shall be advised of the facts in the case and shall have the power to take appropriate action to compel compliance, including demolition in compliance with the Local Law of the Village of Lewiston thereof, the cost of which shall be a lien on the property superior to any other lien and which shall be recovered in the same manner and at the same time as village and county taxes.

4.

Except so far as may be necessary for the safety of life or property, nothing in this ordinance shall require the removal, alteration or abandonment of, nor prevent the continuance of, the use and occupancy of a lawfully existing building.

P.

Special regulations applicable to all residential districts.

1.

No use which is noxious or offensive by reason of refuse, matter, dust, odor, smoke, gas, fumes, noise, vibrations, unreasonable use of lights or nighttime operations shall be permitted.

2.

No accessory structure exceeding 15 feet in height, except when specifically stated in the schedule, shall be permitted.

3.

Any owner of camping and recreational equipment may park or store such equipment on private residential property subject to the following conditions:

a.

At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping, or housekeeping purposes.

b.

If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot.

The requirements of this sub-paragraph may be waived by action of the village board who may issue a conditional parking permit provided, however, a request for such conditional permit is supported by evidence presented to the board by the owner of the property upon which said exception is requested showing that, because of topography, or some other physical condition, enforcement of this section would create an unusual and undue hardship.

c.

Notwithstanding the provisions of sub-paragraph b., camping and recreational equipment may be parked anywhere on the premises for loading and unloading purposes, for a period of not more than 48 hours, so long as such parking for loading or unloading purposes does not obstruct the view of driveway vehicular and pedestrian traffic of adjoining or abutting properties.

d.

All recreational equipment must be kept in good repair and be licensed during some portion of the current year.

e.

The parking or storage of an unoccupied mobile home, being a movable or portable dwelling, constructed to be towed on its own chassis and connected to utilities and designed without a permanent foundation for year round living is specifically prohibited.

f.

The board of trustees by resolution adopted at a stated meeting shall fix the time and place of an information meeting on the proposed conditional parking permit and cause notice thereof to be given by publication.

g.

Fee for conditional parking permit shall be as established by the board of trustees.

h.

If conditions under which the conditional parking permit was issued are not adhered to, the board of trustees shall notify the permit holder of such noncompliance by registered letter. If the permit holder fails to correct the noncompliance within ten days, the board of trustees may rescind the permit.

i.

No front yard shall be used for the storage of boats, camping trailers, utility trailers, motorized camping vans or similar vehicles except as provided by this ordinance.

4.

Not more than one commercial vehicle shall be parked out-of-doors overnight or on Sunday in conjunction with a dwelling unit in any residential district. No vehicle for commercial display purposes shall be stored in any residential district at any time.

5.

In any residential district, no accessory building shall be erected in any required yard, except that accessory buildings may occupy in the aggregate up to 20 percent of a required rear yard.

6.

The servicing, maintenance, experimentation, adjustment, or other such manner of work upon a motor vehicle or other such noise-producing activity conducted in connection with or through the use of motor vehicles shall not be permitted except for such activity conducted by the owner or his employees upon the owner's premises in cases of emergency.

7.

In a residential district, there shall be no outside storage of any unregistered and/or unlicensed motor vehicle for a period longer than 30 days in any calendar year providing that such unregistered and/or unlicensed motor vehicle, notwithstanding the year in which the same shall have been manufactured, is at all times while being so stored kept in such condition and maintained with such equipment that it will meet the minimum requirements to pass the New York State Motor Vehicle Inspection standards as provided by the Vehicle and Traffic Law of the State of New York and all rules and regulations promulgated by the commissioner of motor vehicles for the periodic inspection of motor vehicles in the State of New York and as the same may be amended from time to time. This section shall not apply to an owner of such unregistered and/or unlicensed motor vehicle who is a member of the armed forces while serving on active duty.

There shall be no outside storage in a residence district of motor vehicle parts at any time.

8.

Kennels for the keeping of and breeding of dogs or other animals as an accessory use shall not be in any front yard and shall be set back from all property lines a minimum distance of 50 feet.

9.

In residential districts, the number of motor vehicles for which parking space may be provided as accessory to an authorized use shall not exceed the following:

a.

In R-1 and R-2 districts, two motor vehicles, and for each 5,000 square feet by which the lot exceeds 5,000 square feet, space for one additional motor vehicle may be provided.

b.

In an R-3 District, two motor vehicles for a one-family or two-family dwelling.

Q.

Special regulations applicable to all business and industrial districts.

1.

Business district manufacture or repair. The number of persons engaged in the manufacture of articles or the fabrication of goods or articles shall not exceed two in any establishment in a B district. The individual and total horsepower of machinery used for such purposes in any such establishment shall not exceed ten h.p. and 20 h.p., respectively. Manufacture shall be limited to that incidental to retail sale on the premises. Motors operated by other than electrical power will require review and recommendation of the village planning commission.

2.

Automobile service equipment. All garage and filling station pumps, lubricating or other automobile devices shall be located at least 20 feet from any street line or highway right-of-way. All fuel, oil or other flammable substances shall be stored at least 35 feet distant from any street line or lot line. No public garage for more than five motor vehicles shall have any entrance or exit for such vehicles within 50 feet of a residential district, any school, any church, or any institution for the residence, training or treatment of children or handicapped persons.

3.

Outdoor display. Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this ordinance.

4.

Side yard and rear yard transition. Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting line a yard equal in width and depth to that required in the residential district, which yard shall be maintained by the owner as a landscaped buffer area.

5.

Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front yard depth of the residential district for a distance of 50 feet into the business or industrial district.

6.

Business entrances on residential streets. Where a residential district is bounded by a portion of a B-1 district, or a B-2 district, any side street extending through such residential district into such B-1 or B-2 district shall not be used for any business purposes, except as herein set forth. The business structures erected in either of such business districts shall face and open upon the street set aside for that particular business district, except that show windows in such business structure may be built and exposed upon said street within the area set aside as part of either of said business district and an entrance may be made at the corner. Other entrances thereto must face the business street, except that entrances may be made from such residential street to the upper stories of such business structure.

7.

Adult use businesses.

a.

No adult use business shall be located within 1,000 feet of a park, school, day care center, library or religious or cultural activity.

b.

No adult business shall be located within 1,000 feet of any other business, agricultural or residential zone boundary.

c.

Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.

d.

Said business shall not be permitted as a home occupation, and a special-use permit shall be obtained for all adult use businesses.

e.

A special use permit shall be obtained for all adult use businesses subject to the regulations of section 11.

R.

Development plan procedures and regulations.

1.

Purpose. The purpose of the development plan regulations is to encourage flexibility in the design and the development of land in order to promote its most appropriate use; to facilitate the adequate and economical provisions of streets, utilities and public spaces and to preserve the natural and scenic qualities of open areas. The procedure is intended to permit regulation of the location of structures and improve circulation facilities and other site qualities and to ensure the application of adequate standards relating to public health, safety and welfare and convenience both in the use and occupancy in buildings and facilities.

2.

Applicability.

a.

No single-family cluster residential development or garden apartment or town house apartment nor any other building constituting a part thereof shall be erected, altered, restored or have its exterior architectural features changed without first having followed the procedures contained in this section and had its development plan approved as provided for herein.

b.

No building located in the business or restricted business district or in an area defined in section 10A7 shall be erected, altered, restored or have its exterior architectural features changed without first having followed the procedures contained in this section and having had its development plan approved as provided herein.

i.

A change in color of the building, or trim as the case may be, shall not be considered a change in architectural feature, provided that the change in color shall be of a singular color and uniformly applied to the surface of the building.

3.

Application.

a.

Preliminary development plan—First submission. The owner shall submit a preliminary development plan to the planning commission for review, which shall include the following information:

i.

Proposed site plan, showing building locations, land use areas, traffic circulation, parking, pedestrian walks, and landscaping.

ii.

Proposed construction sequence for buildings, parking and landscaping.

iii.

A stormwater pollution prevention plan (SWPPP), if required by chapter 16, stormwater management, of the village Code, together with the recommendation of the stormwater management officer to approve, approve with modifications, or disapprove the SWPPP pursuant to section 16-4(b) of the village Code.

The planning commission shall review the preliminary development plan with the owner and shall prepare general recommendations with regard to the plan. The planning commission shall then send a copy of its recommendations to the owner indicating its approval in principle and any specific changes required, or its disapproval.

b.

Development plan—Second submission. The owner shall submit a plan to the planning commission which plan shall be prepared by an architect, landscape architect, engineer, land surveyor or planner, and shall include the following information:

i.

Survey showing exterior features of the property including contours, buildings, structures, large tree trunk diameter, trees, utilities, rights-of-way and land-use.

ii.

Site plan showing building locations, land use areas, traffic circulation, parking, pedestrian walks, landscaping and trading.

iii.

Preliminary drawings for buildings delineated to be constructed in the current phase, including floor plans, exterior elevations in sections and architectural renderings as required for proper review.

iv.

Preliminary engineering plans, including street improvements, drainage systems, public utility extensions, and feasibility studies of any anticipated problems which might arise due to the proposed development as required by the planning commission.

v.

Construction sequence and time schedule for completion of each phase of the development plan.

vi.

Such other information as may be required or requested to indicate that the plan complies with the regulations and standards contained herein.

vii.

A stormwater pollution prevention plan (SWPPP), if required by chapter 16, stormwater management, of the village Code together with the recommendation of the stormwater management officer to approve, approve with modifications, or disapprove the SWPPP pursuant to section 16-4(b) of the village Code.

4.

Standards for review. In making a determination, the following standards shall be utilized:

a.

General standards.

i.

The development plan shall be consistent with the regulations in paragraph 5.

ii.

The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under another use.

iii.

The proposed development is in conformance with the general intent of the comprehensive master plan and consistent with the policies and purpose of the Village of Lewiston Local Waterfront Revitalization Program.

iv.

The planned development shall provide for an effective and unified treatment of the development possibilities on the project site making appropriate provisions for the preservation of scenic features and amenities of the site and the surrounding areas.

v.

The planned development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

vi.

Existing and proposed utility services are adequate for the proposed development.

vii.

Each phase of the proposed development, as it is proposed to be completed, complies with the standard necessary for creating and sustaining a desirable and stable environment; and all phases can be completed within three years of approval of the development.

b.

Design standards.

i.

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.

ii.

Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.

iii.

Treatment of the sides and rear of all buildings within the planned development group shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

iv.

The design of buildings and the parking facilities shall take advantage of the topography of the project site where appropriate to provide separate levels of access.

v.

All buildings and walls shall be so oriented as to ensure adequate light and air exposure to the rooms within.

vi.

All buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

vii.

All buildings shall be arranged as to be accessible to emergency vehicles.

c.

Landscape design standards.

i.

Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

ii.

Primary landscape treatment shall consist of shrubs, ground cover, and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected shall be appropriate to the growing conditions of the village's environment.

iii.

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

iv.

All streets bordering the project areas shall be planted at appropriate intervals with street trees.

d.

Circulation system design standards.

i.

Existing and proposed streets are suitable and adequate to carry anticipated traffic within, and in the vicinity of the proposed development.

ii.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

iii.

Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings, and appropriately landscaped.

iv.

Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

v.

Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

vi.

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and indicative of their function.

vii.

Drive-thru uses. In order to protect the economic base and the attractiveness of a pedestrian-friendly district, drive-thru uses shall be permitted within the business district, but must be sensitively designed according to the following guidelines and standards:

A.

Design drive-thru uses and features and to be subordinate to other site and architectural elements of the project.

1.

Drive-thru lanes and windows are prohibited between the building and the street.

a.

Drive-thru uses must be located to the rear of the structure and shall be buffered on the rear and side lot lines.

2.

Drive-thru uses shall incorporate the following:

a.

Provide sufficient stacking area to ensure that public rights-of-way are not obstructed.

b.

Drive-thru uses must be built as an integral architectural element of the primary structure and use. The materials must be the same as those used in the primary structure and the drive-thru facility must be under the roofline of the primary structure.

c.

Drive-thru exit and entryways shall be incorporated into site curb cuts and shall not be separated from site access ways with separate street entries or exits. No drive-thru exit or entry shall enter or exit onto Center Street.

e.

Parking and loading design standards.

i.

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

ii.

Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways.

iii.

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

iv.

Any loading facility shall be screened from public view to the extent necessary to eliminate unsightliness.

f.

Stormwater standards.

i.

All development shall be designed in accordance with the design standards in section 16-6 of the village Code.

ii.

If the development plan is accompanied by a stormwater pollution prevention plan (SWPPP) pursuant to section 10(R)(3) of this Ordinance, then such development plan and SWPPP shall comply with the requirements of chapter 16, stormwater management, of the village Code.

5.

Regulations.

a.

Specific regulations for cluster residential development.

i.

The provision for cluster residential developments is intended and designed to provide a means for the development of large tracts of land on a unit basis, by allowing greater flexibility and overall residential site design and building location than the conventional single lot method provided in other sections of this law.

ii.

Permitted uses: Single-family residences.

iii.

Minimum site size: Five acres with a 30 percent green space requirement.

b.

Specific regulations for garden apartments and town house apartment developments.

i.

Apartment structures shall not exceed a density of 16 dwelling units per net acre of lot area, street area not included.

ii.

Driveways for ingress and egress for apartment developments shall connect with other than minor streets wherever possible; shall not be located within 200 feet or within one-half the length of the block, whichever is the lesser distance, of an existing street intersection and shall have a pavement width of at least 22 feet except where they are within a parking area, in which case they shall be not less than 25 feet in width.

iii.

The minimum yard requirements of the schedule (section 8) apply only to the entire tract, and no buildings shall be located within such yard areas.

iv.

The minimum distance between buildings in an apartment development shall be 25 feet except that no wall containing an entrance to an apartment shall be closer to another apartment building than 50 feet.

v.

The width of any outer court upon which windows from a living room, bedroom, or dining room open shall be not less than the height of any opposing wall forming said court. The depth of an outer court formed by walls on three sides shall be not greater than 1½ times the width.

vi.

The width of any outer court shall be not less than two-thirds the height of any opposing wall forming said court, and the depth shall not be greater than 1½ times the width.

vii.

The least dimension of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet.

viii.

An open and unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross-section area and sufficient headroom to permit the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.

ix.

Parking areas may be located in any yard other than the required front yard but not closer than ten feet to any property line and shall comply with all other requirements of the regulations applicable to all zones in this ordinance.

x.

Every apartment building shall have a minimum setback of 15 feet from all interior roads, driveways, and parking areas.

xi.

Every apartment development shall be provided with garbage and refuse storage and collection areas screened from view, and away from the fronts of apartment buildings.

xii.

In addition to any storage area within individual apartment dwelling units, 200 cubic feet of storage area shall be provided for each dwelling unit in a convenient, centrally located area in the basement or ground floor or elsewhere, where personal belongings and effects may be stored under lock and separated from the belongings and effects of other occupants.

xiii.

A wall of an apartment structure or parallel walls of adjacent apartment structures shall not continue in the same plane for a horizontal length of more than 75 feet without an offset of at least four feet.

xiv.

Each apartment development shall provide a playground area or areas at a standard of 500 square feet for each ten dwelling units. Outdoor play equipment shall be installed in each playground in sufficient amount and variety to service the occupants of the development.

xv.

The entire area of an apartment development not improved for driveways, parking area or covered by building or walkways shall be attractively landscaped and properly maintained at all times.

c.

Special regulations applicable to the business and restricted business districts.

i.

Business district manufacture or repair. The number of persons engaged in the manufacture of articles or the fabrication of goods or articles shall not exceed two in any establishment in a B district. The individual and total horsepower of machinery used for such purposes in any such establishment shall not exceed ten horsepower and 20 horsepower, respectively. Manufacture shall be limited to that incidental to retail sale on the premises. Motors operated by other than electrical power will require review and recommendation of the village planning commission.

ii.

Automobile service equipment. All garage and filling station pumps, lubricating or other automobile devices shall be located at least 20 feet from any street line or highway right-of-way. All fuel, oil or other flammable substances shall be stored at least 35 feet distant from any street line or lot line. No public garage for more than five motor vehicles shall have any entrance or exit for such vehicles within 50 feet of a residential district, any school, any church, or any institution for the residence, training or treatment of children or handicapped persons.

iii.

Outdoor display. Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this ordinance.

iv.

Side and rear yard transition. Where a lot in a business or restricted business district abuts a lot in a residential district, there shall be provided along such abutting line a yard equal in width and depth to that required in the residential district, which yard shall be maintained by the owner as a landscaped buffer area.

v.

Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or restricted business district, the front yard depth in the business or restricted business district shall be equal to the required front yard depth of the residential district for a distance of 50 feet into the business or restricted business district.

vi.

Business entrances on residential streets. Where a residential district is bounded by a portion of a business or restricted business district, any side street extending through such residential district into such business or restricted business district shall not be used for any business purposes, except as herein set forth. The business structures erected in either of such business or restricted business districts shall face and open upon the street set aside for that particular district, except that show windows in such business structures may be built and exposed upon said street within the area set aside as part of either of said business or restricted business district and an entrance may be made at the corner. Entrances thereto must face the business street, except that entrances may be made from such residential street to the upper stories of such business structures.

vii.

A review of a development plan for land located in a restricted business district shall take into consideration that the intent of the district is to serve as a buffer zone between the business and residential zones but to be as compatible as possible with the residential zones on which it borders. In addition to the general purposes concerning development plans, all activities occurring or to occur shall be restricted so as to reduce inconvenience to residential zones.

d.

Special regulations for combined uses of single-bedroom apartments with principal uses set forth in paragraphs 1a and 1b of section 9d.

i.

Total maximum area coverage: Total principal building coverage shall not exceed 20 percent of the total parcel area.

ii.

Buildings, number: The number of principal buildings may be more than one.

iii.

Building area coverage: Each principal building shall have an area of ground coverage of not less than 2,000 square feet nor more than 5,000 square feet.

iv.

Building height: The height of buildings shall not exceed two stories in height plus roof structure.

v.

Apartment density: Not more than 8 apartments per acre or fraction thereof shall be permitted.

vi.

The uses permitted in paragraph 1 of section 9D with the exception of offices shall be limited to the ground floor.

vii.

Apartments:

(a)

Area: Each apartment shall have not less than 600 nor more than 1,000 square feet of usable area.

(b)

Shall be limited to the second story.

(c)

Shall be limited to one-bedroom apartments.

(d)

No apartment shall be permitted in any one building unless combined with commercial and/or offices in the use of the total building.

e.

General regulations.

i.

Subground level: Only accessory uses such as heating, laundry and storage shall be permitted in areas below ground level.

ii.

All other requirements of this law shall be applicable to the development plan.

iii.

Land use: Proposed land uses shall not adversely affect surrounding development.

iv.

Such regulations contained in the subdivision regulations of the village as the planning commission may find applicable to the development plan.

v.

The proposed site or lot to be developed shall set aside 30 percent of the site or lot to be devoted to seeding, planting, retention of tree cover, or other landscaping; this area shall be used for no other purpose.

vi.

All processes shall take place within an enclosed building; storage out-of-doors, if permitted, shall be shielded from view from the street and adjacent off-street parking area by fencing, landscaping or other appropriate measures.

vii.

Truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and materials in other than a public street, off-street parking area, or front yard; a landscaping screen of no less than six feet in height shall be required where off-street loading and unloading areas abut residential uses, so that such operation shall be shielded from view from such residences.

viii.

If, in parking areas, dividing isles are proposed, there shall be provided for the planting of one tree of a type acceptable to the village for each ten vehicle spaces; the parking area shall be illuminated by nonglare lighting standards focused downward to avoid back light.

ix.

Any vibration, glare, heat or noises resulting from the use of the premises shall not be evident beyond the property line.

x.

Any use of the premises shall not result in the dissemination of noxious dust, smoke, gas, chemicals or odors into the air.

6.

Approvals.

a.

The planning commission may, in its discretion, waive any of the requirements in paragraph 3 except that the application shall be in writing and shall provide information concerning the proposed development sufficient for the planning commission to make a determination, and the stormwater requirements of subparagraphs (a)(iii) and (b)(vii) of paragraph 3 shall not be waived.

b.

The planning commission shall recommend approval or disapproval of, or take alternative action relative to, the development plans within 45 days of their submission to the planning commission, unless the period is extended by mutual consent of the commission and the applicant.

c.

The planning commission may in its discretion hold a public hearing on the development plan.

d.

If the development plan is proposed to be completed in phases, separate approvals of each phase of development may be given.

e.

Any recommendation of the planning commission regarding a development plan shall be subject to review by the village board of trustees. The board of trustees, may in its discretion, at the next regular board of trustees meeting following the recommendation by the planning commission of a development plan and its filing with the board of trustees, confirm, reverse or modify said determination in part or whole. In taking any action to reverse or modify the recommendation of the planning commission, the board of trustees may cause the public hearing to be held concerning the development plan and may make further determinations upon the plan thereafter.

f.

Any approval of the development plan shall be invalid if construction or activity contemplated thereunder is not commenced within six months of the date of approval, or if the entire development plan as approved, is not completed within one year of the date of approval, unless the same is extended by the planning commission or board of trustees as the case may be.

g.

No building permit may be issued until the plan with all supporting documentation has been filed and approved by resolution of the planning commission or the board of trustees as the case may be.

h.

No development plan shall be approved unless in compliance with the provisions of chapter 16, stormwater management, of the village Code.

7.

Miscellaneous provisions.

a.

The planning commission or the village board may require that a performance bond to guarantee the completion of any one or more of the requirements set forth in the approval be furnished and filed with the village, said performance bond running to the benefit of the Village of Lewiston.

b.

From time to time the planning commission may review the development plan to ascertain that the requirements of these regulations are being complied with. If, in its determination, it finds that the development plan is not being complied with, the planning commission may order a recession of the plan approved. The recession shall become effective 20 days after written notice to the owner and posting upon the premises unless within that time the village board reaffirms its approval of the development plan by a three-fourths vote. The planning commission may in its discretion extend the effective date of the recession of approval and may also withdraw its order prior to the effective date of termination. The village board shall have the right at any time to rescind its approval should it find noncompliance with the development plan. On the effective date of an order rescinding a plan approval, any building permit and/or certificate of occupancy heretofore issued with respect to the plan shall be automatically revoked and terminated.

c.

In the event that the zoning officer finds that the construction is not in accordance with the approved building and site plans and the requirements of this law are not being substantially complied with, the building and/or certificate of occupancy permit shall be cancelled or terminated until the requirements are complied with.

d.

The planning commission shall refer the application to the historic preservation commission acting in its capacity as the architectural advisory board as set forth in section 15-103(h) of the village Code for its review and recommendations.

S.

Special regulations applicable to the waterfront district.

1.

Any yard in the waterfront district which faces the Niagara River shall have a minimum setback of 40 feet for nonwater dependent uses. Such setback shall apply to both principal and accessory buildings.

2.

Any yard in the waterfront district which faces the Niagara River shall have a setback for water dependent uses as determined by the board of trustees based upon the intended water-dependent use and the provisions of the Village of Lewiston's Local Waterfront Revitalization Program. Water-dependent uses are those uses described in subparagraph a. of section 9.I.1.

3.

A front yard setback may be reduced to a distance as approved by the board of trustees when the waterside setback of 40 feet applies.

(Code 1978, app. B, § 10; L.L. No. 1-1973; L.L. No. 1-1973; L.L. No. 2-1973, § 1; L.L. No. 6-1979, §§ 2, 10; L.L. No. 8-1979, § 4; L.L. No. 4-1980, § 1; L.L. No. 1-1981, § 1; L.L. No. 2-1983, §§ 1—3; L.L. No. 1-1984, § 1; L.L. No. 5-1984, § 1; L.L. No. 8-1984, § 1; L.L. No. 9-1984, § 1; L.L. No. 5-1989, § 3; L.L. No. 9-1989, §§ 6, 7; L.L. No. 7-1990, § 1; L.L. No. 1-1991, § 2; L.L. No. 14-1985, § 2; L.L. No. 1-2000; L.L. No. 02-2002; L.L. No. 01-2005; L.L. No. 04-2007, §§ 6—13; L.L. No. 14-2023)