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Lyons Town City Zoning Code

PART 2

Districts

§ 300-2.1 Designation of districts.

The Town of Lyons is hereby divided into the following types of districts:
R-A
Residential-Agricultural District
R-1
General Residential District
F-P
Floodplain District
C-1
Commercial District
M-1
Industrial District

§ 300-2.2 Official Zoning Map.

The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of the Town of Lyons, which is attached hereto and is hereby made a part of this chapter.[1] Said map or maps and all notations, references, and designations shown thereon shall be, as such, a part of this chapter as if the same were all fully described and set forth herein.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 300-2.3 Interpretation of boundaries.

A. 
Designation of district boundaries. The district boundary lines are intended generally to follow the boundary lines of streets, the center lines of railroad rights-of-way, existing lot lines, waterways, or Town boundary lines, all as shown on the Official Zoning Map; but where a district boundary line does not follow such a line, its position is shown on the Official Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
B. 
Determination of locations of boundaries. In unsubdivided property or where a district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on the Official Zoning Map, shall be determined by the use of the map scale shown thereon. Where the boundary of a district follows a stream or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Lyons, unless otherwise indicated. In case of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Inspector shall request the Board of Appeals to render its determination with respect thereto.

§ 300-2.4 Applicability of regulations.

A. 
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved or structurally altered unless in conformity with the regulations herein specified for the district in which it is located.
B. 
No building or structure shall hereafter be erected or altered to exceed the height, occupy a greater percentage of lot area, or have narrower or smaller rear yards, front yards, side yards or other open spaces than are specified herein for the district in which it is located.
C. 
No part of a yard or other open space or off-street parking or loading space required about or in connection with any structure for the purpose of complying with this chapter shall be included as a part of a yard or other open space or off-street parking or loading space similarly required for another structure.
D. 
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the standards of the Town of Lyons.
E. 
Every residential building hereafter erected shall be located on a lot as defined herein, and there shall be not more than one residential building on one lot, except as specifically permitted elsewhere in this chapter. If more than one lot is located on a piece of property, each lot must meet the requirements of this chapter.
F. 
If any use could be construed to be incorporated within a general use listing, the more restrictive listing, if any, shall control.
G. 
Any uses not specifically permitted within any district shall be deemed prohibited.

§ 300-2.5 Residential-Agricultural (R-A) District regulations.

The following regulations shall apply in the Residential-Agricultural District:
A. 
Permitted principal uses:
(1) 
Single-family dwelling.
(2) 
Two-family dwelling.
(3) 
Customary farm occupation.
(4) 
Public utility structure.
(5) 
Church or similar place of worship, parish house, convent, rectory or parsonage.
(6) 
Public building of a governmental or cultural nature, school and other educational institution, public park and playground, day-care facility.
(7) 
Hospital, nursing or convalescent home, adult care facility.
(8) 
Bed-and-breakfast establishment.
(9) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(9), rooming house, was repealed 4-27-2022 by L.L. No. 1-2022.
(10) 
Mobile home.
(11) 
Modular home, as a single-family or two-family dwelling.
(12) 
Farm-related use.
(13) 
Barn conversion.
(14) 
Cottage or recreational cabin.
(15) 
House trailer.
B. 
Permitted accessory uses:
(1) 
Home occupation.
(2) 
Private garage.
(3) 
Other customary accessory use and building, provided such use is incidental to the principal use and does not include an activity commonly conducted as a business.
(4) 
Professional office of a physician, lawyer, dentist, architect or engineer, surveyor or attorney, when conducted in a dwelling by the inhabitant thereof.
(5) 
Roadside stand, in connection with a farm occupation, for the display and sale of agricultural products.
(6) 
Off-street parking and loading.
(7) 
Signs.
(8) 
Accessory farm buildings.
(9) 
Apartment garage.
(10) 
Recreational cabin.
(11) 
Boathouse.
(12) 
Farm labor housing.
C. 
Uses requiring a special permit:
(1) 
Abattoir.
(2) 
Airfield, landing strip and related facilities.
(3) 
Kennel, animal hospital and veterinary clinic.
(4) 
Camp.
(5) 
Cemetery.
(6) 
Community building, golf course, social hall, club, lodge and fraternal organization.
(7) 
Extractive industry and commercial logging operation.*
(8) 
Sawmill.*
(9) 
Hog, pig, poultry or fur-bearing animal farm.*
(10) 
Migrant labor camp.
(11) 
Mobile home park.*
(12) 
Multifamily dwelling.*
(13) 
Riding academy and livery stable.*
(14) 
Large-scale business or industrial development.
(15) 
Planned development group.*
(16) 
Telecommunications facility.*
(17) 
Farm service use.
(18) 
Large-scale cattle or dairy farm.
(19) 
Rooming houses.
[Added 4-27-2022 by L.L. No. 1-2022]
D. 
Lots, minimum requirements:
(1) 
Lots not served with public sewer or water:
(a) 
Area: one acre.*
(b) 
Width: 150 feet.
(c) 
Depth: 100 feet.
(2) 
Lots served with either public sewer or public water:
(a) 
Area: 10,000 square feet.*
(b) 
Width: 125 feet.
(c) 
Depth: 200 feet.
E. 
Yards, minimum requirements:
(1) 
Front: 50 feet.*
(2) 
Rear: 40 feet.*
(3) 
Each side: 20 feet.
F. 
Maximum building height: 2 1/2 stories, not to exceed 35 feet.*
G. 
Maximum lot coverage: 30%.
*
See also: Specific standards for special permits, § 300-2.12.

§ 300-2.6 General Residential (R-1) District regulations.

The following regulations shall apply in the General Residential District:
A. 
Permitted principal uses: all permitted principal uses as regulated in R-A Districts, except a mobile home.
B. 
Permitted accessory uses: all permitted accessory uses as regulated in R-A Districts, except a roadside stand.
C. 
Uses requiring a special permit: multiwide mobile home.
D. 
Lots, minimum requirements:
(1) 
Lots not served with public sewer or water:
(a) 
Area: 30,000 square feet.
(b) 
Width: 125 feet.
(c) 
Depth: 200 feet.
(2) 
Lots served with either public sewer or public water:
(a) 
Area: 20,000 square feet.
(b) 
Width: 100 feet.
(c) 
Depth: 150 feet.
E. 
Yards, minimum requirements:
(1) 
Front: 50 feet.
(2) 
Rear: 30 feet.
(3) 
Each side: 15 feet.
F. 
Maximum building height: 2 1/2 stories, not to exceed 35 feet.
G. 
Maximum lot coverage: 30%.

§ 300-2.7 Floodplain (F-P) District regulations.

The following regulations shall apply in the Floodplain District:
A. 
Permitted principal uses:
(1) 
Customary farm occupation, but shall not include or permit the spreading, accumulation, feeding or use of garbage in any manner.
(2) 
Park, playground or community recreation area, operated by a governmental agency.
(3) 
None of the above uses shall include the creation of any building or structure for residential purposes.
B. 
Permitted accessory uses:
(1) 
Home occupation and professional office in an existing residential structure.
(2) 
Private garage.
(3) 
Off-street parking and loading.
(4) 
Office incidental and necessary to the conduct of a permitted use.
(5) 
Sign.
(6) 
Other accessory uses and buildings customarily appurtenant to a permitted use.
C. 
Uses requiring a special permit:
(1) 
Private noncommercial recreation area, use and facility, including sportsman's club and facility.
(2) 
Kennel.
(3) 
Outdoor theater, golf driving range, and similar commercial recreation facility.
(4) 
Private airport or landing strip.
(5) 
Dumping of noncombustible materials for landfill purposes.
(6) 
Equipment and material storage yard.
D. 
Lots, minimum requirements:
(1) 
Lots not served with public sewer or water:
(a) 
Area: two acres.
(b) 
Width: 250 feet.
(c) 
Depth: 200 feet.
(2) 
Lots served with either public sewer or public water:
(a) 
Area: one acre.
(b) 
Width: 150 feet.
(c) 
Depth: 200 feet.
E. 
Yards, minimum requirements:
(1) 
Front: 50 feet.
(2) 
Rear: 50 feet.
(3) 
Each side: 40 feet.
F. 
Maximum building height: three stories, not to exceed 40 feet.
G. 
Maximum lot coverage: 35%.

§ 300-2.8 Commercial (C-1) District regulations.

The following regulations shall apply in the Commercial District:
A. 
Permitted principal uses:
(1) 
Retail business or service establishment.
(2) 
Office, bank or other financial institution.
(3) 
Social hall, club or lodge.
(4) 
Motel or hotel.
(5) 
Motor vehicle service station.
(6) 
Theater or auditorium.
(7) 
Motor vehicle repair shop.
(8) 
Public garage.
(9) 
Funeral parlor.
(10) 
Bowling alley.
(11) 
Automobile sales and showroom.
(12) 
Highway commercial establishment catering generally to the tourist, such as a gift shop, antique shop, and specialty shop.
(13) 
Public utility structure.
(14) 
Farm service use.
(15) 
Cider mill.
(16) 
Winery.
(17) 
Portable sawmill.
B. 
Permitted accessory uses:
(1) 
Dwelling except as to ground floor commercial space.
[Amended 4-27-2022 by L.L. No. 1-2022]
(2) 
Sign.
(3) 
Off-street parking and loading.
(4) 
Farm labor housing.
(5) 
Boathouse.
(6) 
Other accessory uses and buildings which are clearly incidental to a permitted use.
C. 
Uses requiring a special permit:
(1) 
Travel trailer sales.
(2) 
Mobile home sales and repair.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(3), Mobile home park, was repealed 4-27-2022 by L.L. No. 1-2022.
(4) 
Public and semipublic uses of a welfare, educational, recreational or cultural nature.
(5) 
Nursing or convalescent home.
(6) 
Railway or bus passenger station.
(7) 
Commercial self-service storage facility.
(8) 
Marina and boatyard.
D. 
Lots, minimum requirements:
(1) 
Lots not served with public sewer or water:
(a) 
Area: 20,000 square feet.
(b) 
Width: 125 feet.
(c) 
Depth: 150 feet.
(2) 
Lots served with either public sewer or public water:
(a) 
Area: 20,000 square feet.
(b) 
Width: 125 feet.
(c) 
Depth: 100 feet.
E. 
Yards, minimum requirements:
(1) 
Front: 50 feet.
(2) 
Rear: 25 feet.
(3) 
Each side: 15 feet.
F. 
Maximum building height: three stories, not to exceed 45 feet.
G. 
Maximum lot coverage: 80%.

§ 300-2.9 Industrial (M-1) District regulations.

The following regulations shall apply in the Industrial District:
A. 
Permitted principal uses:
(1) 
Agricultural or nursery uses, including the display and sale of farm products and the raising of stock and poultry, but not including dwellings.
(2) 
Public utility structure.
(3) 
Wholesale business, warehousing and distribution plant; storage and sales yard, open or enclosed, used for the storage of fuel, wood and coal, building materials, produce and meat, and machinery; contractor's equipment storage yard.
(4) 
Heavy commercial uses, including machine shops, trade schools, machinery sales, laundries, bakeries, bottling works, dry cleaning and dyeing, custom manufacturing, manufacture of electronic equipment or precision instruments, furniture, optics and watches, research and other laboratories.
(5) 
The manufacture, assembly or storage of products not objectionable or injurious because of smoke, dust, noise, vibration, odors, glare, noxious gas, hazardous materials, waste or particulate matter, traffic hazard or congestion, or fire or explosive hazard. Such materials would include: cloth, metal, plastic, paper, wood, leather, precious or semi-precious metals or stones, electronic or electrical instruments or devices, candy, food products, pharmaceuticals and the like.
(6) 
Commercial self-service storage facility.
(7) 
Farm service use.
(8) 
Cider mill.
(9) 
Winery.
(10) 
Portable sawmill.
B. 
Permitted accessory uses:
(1) 
Accessory uses and buildings clearly incidental to a permitted use.
(2) 
Sign.
(3) 
Off-street parking and loading.
(4) 
Private garage.
(5) 
Farm labor housing.
(6) 
Boathouse.
C. 
Uses requiring a special permit:
(1) 
Freight or truck terminal for the overnight parking of trucks, tractors or trailers.
(2) 
Retail business or service establishment.
(3) 
Junkyard, wrecking yard and scrap processing.
(4) 
Dump.
(5) 
Adult use.
D. 
Lots, minimum requirements:
(1) 
Lots not served with public sewer or water:
(a) 
Area: one acre.
(b) 
Width: 200 feet.
(c) 
Depth: 150 feet.
(2) 
Lots served with either public sewer or public water:
(a) 
Area: 20,000 square feet.
(b) 
Width: 100 feet.
(c) 
Depth: 200 feet.
E. 
Yards, minimum requirements:
(1) 
Front: 75 feet.
(2) 
Rear: 35 feet.
(3) 
Each side: 25 feet.
F. 
Maximum building height: four stories, not to exceed 60 feet.
G. 
Maximum lot coverage: 50%.

§ 300-2.10 Special permit required.

[Amended 4-27-2022 by L.L. No. 1-2022]
A. 
Notwithstanding any provision of Chapter 300 to the contrary, land uses or activities requiring a special permit shall be permitted only upon authorization by the Town Board after review by the Town Planning Board, provided that such uses shall be found by the Town Board to comply with the following general requirements and any other applicable requirements as set forth in this chapter, or the rules, regulations and statutes of the Town of Lyons, Wayne County, State of New York. Notwithstanding any provision of this chapter to the contrary, all references to "Board of Appeals" appearing in this Chapter 300 insofar as they may relate to special use permits or special permits shall mean the Town Board of the Town of Lyons. It is the intention of this section of this section to transfer the authority to grant special use permits and special permits back to the Town Board to better assure compatibility of special use permits and special permits with the intent of Chapter 300. However, nothing in this section is intended to restrict the authority of the Zoning Board of Appeals as set forth in § 300-4.4 with the exception of § 300-4.4G(3).
B. 
In determining any applications for a special permit, the Town Board may impose time duration limits on the special permit in addition to all other conditions as may be necessary to effectuate the laws, rules and regulations of the Town of Lyons, County of Wayne, State of New York and United States of America. Nothing in this section shall be viewed as limiting the authority of the Town of Lyons Zoning Board of Appeals as is set forth in Chapter 157, Article VI, Variance Procedure, or the authority granted to the Lyons Zoning Board of Appeals under § 300-4.4 with the exception of Subsection G(3) of § 300-4.4 which now reads: "To issue special use permits for any use for which this chapter requires the obtaining of such permits from the Board of Appeals" is deleted and repealed by this section.

§ 300-2.11 General standards.

Special permitted uses, as allowed under this article, shall comply in all respects with the provisions of this article and those of Articles IV and VI.
A. 
The use should be one specifically enumerated as a special use in the district in which it is to be located.
B. 
The use shall be compatible with adjoining development, shall not cause substantial injury to the value of other property where it is to be located, shall provide adequate landscaping and screening, and shall not jeopardize the public health, safety, welfare and convenience.
C. 
The use shall provide vehicular access and off-street parking and loading so as to minimize interference with traffic on the thoroughfares and shall provide appropriate pedestrian walkways so as to ensure public safety.

§ 300-2.12 Specific standards.

In addition to the general standards prescribed for all special permits, the following specific standards shall apply to the listed uses.

§ 300-2.13 Junkyards, wrecking yards and scrap processing.

A. 
Any area used for a junkyard, wrecking yard or scrap processing shall be enclosed by a substantial and solid fence at least eight feet in height, with openings only for access and egress, which shall be kept in good order and repair.
B. 
Any area used for a junkyard, wrecking yard or scrap processing shall not be located nearer than 200 feet to any residential or commercial district and shall be no nearer than 50 feet to any public highway right-of-way line.

§ 300-2.14 Retail uses in Industrial Districts.

Retail uses in Industrial Districts shall be permitted only where the applicant can prove to the Board of Appeals that such use is necessary to serve primarily industrial uses in the vicinity.

§ 300-2.15 Sawmills.

A. 
A site plan showing the following data shall be submitted upon application for a special permit to build or operate a sawmill:
(1) 
The proposed area of operation.
(2) 
The minimum distance of any sawmill and related facilities from an existing or proposed street.
(3) 
The proposed manner of operation, including the routing of traffic to and from the site.
(4) 
The hours of operation.
B. 
No sawmill shall be located any closer than 500 feet to any off-premises building used as a residence.
C. 
No sawmill shall be located within 200 feet of any public right-of-way.
D. 
No sawmill shall be located closer than 500 feet to another existing sawmill.

§ 300-2.16 Extractive industries and commercial logging operations.

A. 
A site plan showing the following information shall be submitted upon application for a special permit to operate an extractive industry or commercial logging operation:
(1) 
The proposed area of operation.
(2) 
The minimum distance of any excavation, mining or logging operation from an existing or proposed street.
(3) 
Property lines.
(4) 
The proposed manner of operation, including the routing of traffic to and from the site.
(5) 
The proposed restoration or improvement of the site at the conclusion of the operation.
(6) 
The hours of operation.
B. 
The final slope of any spoil in any excavation, mining or logging operation shall not exceed the normal angle of repose of the material. Any spoil mounds or areas stripped shall be seeded or planted with vegetation to prevent erosion.
C. 
No depression, pit or mine shall be left open or below the surrounding ground level unless adequately drained and properly fenced.
D. 
The area of operation shall not occur any closer than 1,000 feet to any existing structure or building intended for residential purposes, nor within 200 feet of any public right-of-way.
E. 
Arable soil in the area of the operation shall be set aside and used in the reclamation of the site in accordance with Subsection A above.
F. 
The Board of Appeals may prescribe other reasonable measures to preserve the appearance of the area and avoid hazardous conditions.

§ 300-2.17 Planned development groups.

The following shall apply to special permits for planned development groups:
A. 
Under the standard provisions of this chapter, a separate ground area must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same lot. Also, several lots may be combined into one plan covering a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to the public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned groups.
B. 
Before approval of a special permit, the Planning Board shall review the site plan and shall make findings in regard to the following:
(1) 
Traffic access. All proposed site traffic accessways are adequate, but not excessive in number, adequate in grade, width, alignment and visibility, and not located too near street corners, the entrances to schools or places of public assembly and other similar considerations.
(2) 
Circulation and parking. The interior traffic circulation system is adequate and all required parking spaces are provided and are easily accessible.
(3) 
Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters, prevent erosion and formation of dust.
(4) 
Disposal of usable open space. In accordance with the intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.
(5) 
Arrangement of buildings. Adequate provision has been made for light, air, access and privacy in the arrangement of buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
(6) 
Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffering zones may be required.
(7) 
Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential areas.

§ 300-2.18 Multiple dwellings.

A. 
The minimum lot size for multiple dwellings shall be:
(1) 
Lots not served with public sewer or water: 10,000 square feet per dwelling unit and not less than 24,000 square feet total.
(2) 
Lots served with either public sewer or public water: 5,000 square feet per dwelling unit and not less than 20,000 square feet total.
B. 
The minimum size of dwelling units, exclusive of additional building area required for common use of the tenants, such as lobbies, corridors, stairways, elevators and storage space, shall be:
(1) 
For an efficiency apartment: 550 square feet, but not more than 25% of the total dwelling units provided may be efficiency apartments.
(2) 
For a one-bedroom apartment: 675 square feet.
(3) 
For a two-bedroom apartment: 800 square feet.
(4) 
For a three-bedroom apartment: 950 square feet.
(5) 
In any dwelling unit, any room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space. Any room occupied for sleeping purposes by two persons shall contain at least 100 square feet of floor space. No more than two persons may occupy any single bedroom or sleeping area.
C. 
The maximum permitted height for multiple dwellings shall be three stories, not to exceed 40 feet.
D. 
Multiple dwellings shall have a minimum front yard setback of 70 feet and a minimum rear yard setback of 50 feet.
E. 
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least 10 feet in its alignment.
F. 
All stairways to the second or higher floor shall be located inside the building.
G. 
Access to public streets shall be provided as follows:
(1) 
All multiple dwellings shall have direct access to a dedicated highway.
(2) 
If there are more than 12 dwelling units in a multiple dwelling or complex, direct access shall be provided to a county or state highway by a private driveway or road dedicated to the Town by the developer.
(3) 
If there are more than 50 dwelling units in an apartment complex, or if, in the opinion of the Planning Board, the location or topography of the site indicates the need for additional access, the Planning Board may require such additional access as a condition of site plan approval.
H. 
Off-street parking shall be provided as required by this chapter, except that parking areas shall not be located within the front yard or required side yard setbacks. Parking areas which abut or face upon a residential use or residentially zoned property shall be effectively screened from view by an opaque fence or dense planting of evergreens not less than six feet in height.
I. 
The minimum distances between separate buildings in an apartment complex shall be as follows:
(1) 
Between the front of one building and the front or rear of another building: 1/2 the sum of the heights of the opposing buildings, but not less than 50 feet and not needing to exceed 80 feet.
(2) 
Between the rear of one building and the rear of another building: 4/10 of the sum of the heights of the opposing buildings, but not less than 50 feet and not needing to exceed 60 feet.
(3) 
Between the front or rear of one building and the side of another building: 1/5 of the sum of the heights of the opposing buildings, but not less than 50 feet and not needing to exceed 75 feet.
J. 
There must be an adequate supply of potable water for domestic consumption and fire-fighting purposes. If there are more than 50 dwelling units in the apartment complex, public water must be available.
K. 
If there are more than 50 dwelling units in the apartment complex, public sewers must be available. The provisions for the disposal of all sewage must be approved by the New York State Department of Health before final approval can be acquired and a permit issued.
L. 
The street systems of apartment complexes shall meet the following minimum requirements, absent control by another jurisdiction:
(1) 
Roads connecting the street system to a public highway shall have a minimum road pavement width of 34 feet where parking is permitted on both sides, and a minimum road pavement width of 27 feet where parking is limited to one side. Where an entrance road is more than 100 feet long and does not provide access to abutting buildings along such distance, the minimum road pavement width may be 20 feet, provided that parking is prohibited on both sides.
(2) 
Internal streets shall have a minimum road pavement width of 25 feet, provided that parking is limited to one side.
(3) 
Internal streets may have a minimum road pavement width of 18 feet if no parking is provided and either of the following conditions applies:
(a) 
The street is less than 500 feet long and serves fewer than 25 dwelling units.
(b) 
The street is one-way and provides access to abutting buildings on one side only.
(4) 
Dead-end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 100 feet.
(5) 
All streets shall be surfaced with a hard, smooth, dustless material, shall be durable and well-drained under normal use and weather conditions, and shall be striped to delineate parking spaces. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base.
(6) 
Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
M. 
All areas of the apartment complex shall be provided with artificial light of sufficient intensity to afford safe movement of vehicles and pedestrians at night, with special consideration given to potentially hazardous locations, such as street intersections, steps and ramps.
N. 
The entire apartment complex shall be provided with safe, convenient, concrete pedestrian walkways between individual dwelling units, streets, parking areas, buildings and facilities provided for residents. Walkways shall be a minimum of 3 1/2 feet in width and separated from the street system by at least four feet.
O. 
Trees and shrubs shall be provided along all walks and streets, where feasible, and around recreation areas. Trees shall be planted at intervals of approximately 50 feet.
P. 
The storage, collection and disposal of refuse in the apartment complex shall be conducted so as not to create health hazards, rodent harborage, insect breeding areas, fire hazards, or noxious odors. All refuse shall be stored in watertight, insect- and rodent-proof containers which shall be located not more than 150 feet from any individual dwelling unit. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse containers shall be separated from all adjoining lots or rights-of-way by a screening device not less than four feet in height, or otherwise contained within an enclosed structure, except during such times as are designated for the removal of contents. All refuse shall be collected at least weekly.
Q. 
Storage areas shall be maintained so as to prevent rodent harborage. Lumber, pipes, and other building materials shall be stored at least one foot above grade. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds, and grass shall be controlled to prevent the harborage of ticks, chiggers and other noxious insects. Apartment complexes shall be maintained to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds. Open areas shall be maintained free of heavy undergrowth of any description.
R. 
Each apartment complex shall be provided with one or more outdoor recreation areas, which shall be accessible to all residents. Outdoor recreation areas shall be a minimum of 200 square feet per dwelling unit in the complex, but not less than 5,000 square feet. Outdoor recreation areas shall be located so as to be free of traffic hazards and should, where the topography permits, be centrally located.
S. 
Apartment complexes shall be laid out and graded to provide positive drainage away from buildings, and storm sewers, culverts and related installations shall be provided where necessary.
T. 
A special use permit shall be required for any expansion in occupied area or number of units in and multiple dwelling, multifamily, mixed use, boardinghouse, or rooming house.
[Added 4-27-2022 by L.L. No. 1-2022]

§ 300-2.19 Riding academies and livery stables.

A. 
The minimum lot area for riding academies and livery stables shall be in accordance with the following schedule:
Number of Horses
Minimum Acreage
1 or 2
3
3 to 5
5
6 to 10
1 acre per horse
More than 10
Additional 1/2 acre per additional horse
B. 
The barns, stalls, paddocks and other grounds associated with the riding academy or livery stable shall be maintained in a clean and sanitary manner so as not to create any condition or odor which would be objectionable to persons occupying neighboring properties.

§ 300-2.20 Hog, pig, poultry or fur-bearing animal farms.

A. 
No structure or area used to shelter or feed hogs, pigs, poultry or fur-bearing animals shall be located within 200 feet of any property line.
B. 
The barns, sheds, feedlots and other grounds associated with a hog, pig, poultry or fur-bearing animal farm shall be maintained in a clean and sanitary manner so as not to create any condition or odor which would be objectionable to persons occupying neighboring properties.

§ 300-2.21 Mobile home parks.

A. 
The construction, alteration and extension of mobile home parks shall require a building permit, and shall comply with all of the requirements of this chapter.
(1) 
All applications for permits shall contain the following:
(a) 
Name and address of applicant; if the applicant is a partnership, the names and addresses of the partners; if the applicant is a corporation, the names and addresses of the officers and directors.
(b) 
Name and address of the owner of the land.
(c) 
Location and legal description of the mobile home park.
(d) 
Two sets of engineering and/or architectural plans showing the following:
[1] 
Area and dimensions of the tract of land.
[2] 
Number, location and size of all mobile home lots.
[3] 
Location and width of roadways and parkways.
[4] 
Location of service buildings and other proposed structures.
[5] 
Location of water and sewer lines and riser pipes.
[6] 
Plans and specifications of the water supply and sewage disposal systems.
[7] 
Plans and specifications of all buildings to be constructed, altered or extended.
[8] 
Location and details of lighting and electrical systems.
(2) 
Upon review of the application, and subject to evidence that the mobile home park meets the minimum requirements of the New York State Department of Health, the Code Enforcement Officer shall issue a permit if satisfied that the proposed improvements meet the requirements of this chapter.
B. 
Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion shall be subject to unpredictable or sudden flooding or erosion.
C. 
A mobile home park shall have an area of not less than five acres; and the total number of mobile home lots shall not exceed 10 per acre.
D. 
All mobile homes shall be located at least 100 feet from any park property line abutting upon a public street or highway and at least 50 feet from other park property lines.
E. 
Mobile homes shall be separated from each other and from other buildings and structures by at least 30 feet, provided that mobile homes placed end to end may have a clearance of 20 feet where opposing rear walls are staggered.
F. 
For purposes of all separation requirements, all porches, decks and patios which are more than one foot above grade and/or have an opaque roof shall be considered a part of the mobile home if attached to or located within 10 feet of such mobile home.
G. 
There shall be a minimum distance of 15 feet between an individual mobile home and an adjoining street, parking area, walk or other common area.
H. 
In all parks accommodating or designed to accommodate five or more mobile homes, there shall be one or more outdoor recreation areas which shall be easily accessible to all park residents. The size of such recreation area shall be based upon a minimum of 200 square feet for each lot. No outdoor recreation area shall contain less than 5,000 square feet. Outdoor recreation areas shall be located so as to be free of traffic hazards and should, where topography permits, be centrally located.
I. 
The street systems of mobile home parks shall meet the following minimum requirements, absent control by another jurisdiction:
(1) 
Roads connecting the street system to a public highway shall have a minimum road pavement width of 34 feet where parking is permitted on both sides, and a minimum road pavement width of 27 feet where parking is limited to one side. Where an entrance road is more than 100 feet long and does not provide access to abutting mobile home lots along such distance, the minimum road pavement width may be 20 feet, provided that parking is prohibited on both sides.
(2) 
Internal streets shall have a minimum road pavement width of 20 feet.
(3) 
Internal streets may have a minimum road pavement width of 18 feet if no parking is provided and either of the following conditions applies:
(a) 
The street is less than 500 feet long and serves fewer than 25 mobile homes.
(b) 
The street is one-way and provides access to abutting mobile home lots on one side only.
(4) 
Dead-end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 100 feet.
(5) 
All streets shall be surfaced with a hard, smooth, dustless material, shall be durable and well-drained under normal use and weather conditions, and shall be striped to delineate parking spaces. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base.
(6) 
Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
J. 
All areas of the mobile home park shall be provided with artificial light of sufficient intensity to afford safe movement of vehicles and pedestrians at night, with special consideration given to potentially hazardous locations, such as street intersections, steps and ramps.
K. 
All mobile home parks shall be provided with safe, convenient, dust-free, all-season pedestrian access between individual mobile homes, streets, parking areas, buildings and facilities provided for residents. Walkways shall be at least two feet in width and separated from the street system by at least four feet.
L. 
Trees and shrubs shall be provided along property lines, where feasible, and around recreation areas. Trees shall be planted at intervals of approximately 50 feet.
M. 
An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the New York State Department of Health. If public water is available, fire hydrants shall be provided in accordance with the requirements of the Fire Department.
N. 
An adequate and safe sewage disposal system shall be provided in all mobile home parks. Where a public sewer system of satisfactory capacity is available, connection shall be made thereto. When a satisfactory public sewer system is not available, a private sewage disposal system may be developed and used as approved by the New York State Department of Health.
O. 
Each mobile home lot shall be improved with a stand of concrete or compacted gravel to provide an adequate foundation for the placement and tie-down of the mobile home. At the time of installation, the mobile home shall be securely blocked, leveled, tied down and connected to required utilities. Mobile homes shall be completely skirted to provide a finished exterior appearance and no exposed wallboard, building paper, or similar unfinished material will be permitted. No travel trailer, as defined in this chapter, shall be permitted to be placed on a temporary or permanent basis in a mobile home park.
P. 
Every mobile home park shall contain an electrical distribution system installed and maintained in accordance with applicable codes and regulations governing such systems. Power lines to each mobile home shall be installed underground.
Q. 
Every mobile home park shall be provided with facilities for the safe storage and handling of necessary fuels. Natural gas, liquefied petroleum gas and fuel oil systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
R. 
The storage, collection and disposal of refuse in the mobile home park shall be conducted so as not to create health hazards, rodent harborage, insect breeding areas, fire hazards, or noxious odors. All refuse shall be stored in watertight, insect- and rodent-proof containers which shall be located not more than 150 feet from any individual mobile home. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse containers shall be separated from all adjoining lots or rights-of-way by a screening device not less than four feet in height, or otherwise contained within an enclosed structure, except during such times as are designated for the removal of contents. All refuse shall be collected at least weekly.
S. 
Storage areas shall be maintained so as to prevent rodent harborage. Lumber, pipes, and other building materials shall be stored at least one foot above grade. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds, and grass shall be controlled to prevent the harborage of ticks, chiggers and other noxious insects. Mobile home parks shall be maintained to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds. Open areas shall be maintained free of heavy undergrowth of any description.
T. 
Mobile home parks shall be laid out and graded to provide positive drainage away from buildings, and storm sewers, culverts and related installations shall be provided where necessary.
U. 
Off-street parking shall be provided as required by this chapter. No off-street parking space shall be located more than 200 feet from the mobile home which it is intended to serve.

§ 300-2.22 Adult uses.

Adult uses shall be subject to the following restrictions:
A. 
No adult use shall be located within 500 feet of another adult use.
B. 
No adult use shall be located within 500 feet of the boundaries of any R-A or R-1 District.
C. 
No adult use shall be located within 500 feet of any premises used for residential purposes, exclusively or in conjunction with another use; a school; or a place of worship.
D. 
No adult use shall be located in any zoning district other than the M-1 Industrial District.
E. 
Certificate of registration required.
(1) 
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the Code Enforcement Officer containing the following information:
(a) 
The address of the premises.
(b) 
The names, addresses and phone numbers of the owners of the business and property.
(c) 
The name of the business or establishment.
(d) 
The date of the initiation of the adult use.
(e) 
The exact nature of the adult use.
(2) 
If there occurs any change in the information required for the certificate of registration, the Code Enforcement Officer shall be notified of such change, and a new or amended certificate of registration shall be filed within 30 days of such change.
(3) 
The processing fee for each such certificate of registration or amendment thereto shall be set from time to time by the Town Board by resolution.
(4) 
The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
F. 
No adult use shall be conducted in any manner that permits the observation of any sexually explicit material from any public way or from any property not registered as an adult use.

§ 300-2.23 Telecommunications facilities.

Telecommunications facilities shall be subject to the following restrictions:
A. 
No telecommunications facility shall be located in any zoning district other than the R-A Residential-Agricultural District.
B. 
At all times, shared use of existing facilities shall be preferred to construction of new facilities. An applicant for a special permit to construct a telecommunications facility shall be required to present an adequate report inventorying existing telecommunications facilities within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other existing structures as an alternative to new construction.
C. 
In the case of new telecommunications facilities, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing facilities. Copies of written requests and responses for shared use shall be provided.
D. 
The applicant must examine the feasibility of designing a proposed telecommunications facility to accommodate future demand for two additional commercial applications and shall design the facility for such shared use unless this requirement is waived by the Planning Board.
E. 
All telecommunications facilities and accessory facilities or structures shall be sited to have the least practical adverse visual effect on the environment. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with natural surroundings. Any communication tower shall remain unpainted, or be painted gray or an appropriate color to harmonize with the surroundings. Towers shall not be artificially lighted or marked except as otherwise required by law.
F. 
Existing on-site vegetation shall be preserved to the maximum extent practicable. Reasonable landscaping consisting of trees, shrubs and plantings shall be utilized to effectively screen the base of any tower and accessory facilities from adjacent properties.
G. 
Communications towers shall comply with all existing setback requirements of the applicable zoning district, or such setbacks shall be equal to 1/2 the height of the tower, whichever is greater.
H. 
Telecommunications facilities shall be located, fenced or otherwise secured in a manner which prevents unauthorized access by the general public.

§ 300-2.24 Multiwide mobile homes.

Individual multiwide mobile homes shall be permitted to be placed on a lot in the R-1 District, for use as a single-family dwelling, upon issuance of a special permit by the Zoning Board of Appeals, and provided that they comply with the following:
A. 
The home shall have a minimum of 1,000 square feet of floor area, exclusive of site-built additions.
B. 
The least dimension of the home shall be not less than 1/3 of its greatest dimension.
C. 
The home shall have a minimum 4/12 roof pitch.
D. 
Masonry skirting (with a minimum thickness of six inches) shall be installed to enclose the underside of the home and provide a finished exterior appearance.
E. 
If not provided with a basement, an enclosed storage building of not less than 100 square feet shall be provided on the same lot for storage purposes.

§ 300-2.25 Large-scale cattle or dairy farms.

A. 
The minimum size of any large-scale cattle or dairy farm shall be 1 acre per head of cattle, dairy cows, and calves.
B. 
The minimum size of a large-scale cattle or dairy farm may be permitted to be reduced, provided that the owner submits to the Zoning Board an Agricultural Environmental Management (AEM) Plan. As a condition for approval, the large-scale cattle or dairy farm operation shall be implemented and maintained in accordance with such developed plan. Any changes to said AEM Plan shall be submitted to the Planning Board for review and approval.

§ 300-2.26 Farm service uses.

It shall be preferable to locate farm service uses in C-1 or M-1 Districts. Any applicant for a special permit to locate a farm service use in the R-A District shall submit a report demonstrating good faith efforts to secure a suitable site for such use within the C-1 and M-1 Districts. Where a commercially or industrially zoned site is not available, it shall be permitted to locate such use in the R-A District, in conformance with all other provisions of this chapter.

§ 300-2.27 Changes or modifications to special permit uses.

A. 
Any change or modification to a use requiring a special permit shall require Planning Board review, except for the following:
(1) 
Removal or repair of a dangerous condition to a principal or accessory structure when determined by an enforcement agency that circumstances exist which, if not corrected, constitute a threat to life, health, or safety of the general public or such other persons for whose protection such regulations were intended.
(2) 
Routine repair, replacement, or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacement of principal and accessory structures.
(3) 
Changes in ownership or management which do not change the specific use of the property.
(4) 
Repaving or painting of driveways and parking areas without altering the approved traffic pattern.
(5) 
Routine landscaping or the repair or replacement of existing screening devices, without altering the approved vehicular or pedestrian traffic patterns and consistent with applicable controls concerning height, location, and visibility.
B. 
If the Planning Board determines that a proposed change or modification to a use requiring a special permit is substantial, the use shall require a new special permit to be issued by the Zoning Board of Appeals. A change or modification shall be deemed substantial if the proposal:
(1) 
Significantly changes the use, design, character or nature of development of the property in question; or
(2) 
Would have a significant impact on the development or use of adjacent property; or
(3) 
Would significantly impact the orderly flow of vehicular and/or pedestrian traffic on or off site.
C. 
The Zoning Board may impose other conditions incidental to the issuance of a special permit which, in its opinion, are reasonable and necessary and are in compliance with applicable provisions of the law.

§ 300-2.28 Lot regulations.

A. 
The area or dimension of any lot shall not be created or reduced to less than the minimum required by this chapter. If already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
B. 
At all street intersections, no obstruction to vision which is a hazard to vehicular movement exceeding three feet in height above curb level shall be permitted on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 25 feet distant from their point of intersection.

§ 300-2.29 Height exceptions.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, antennas, similar features and necessary mechanical appurtenances usually carried above the roof level.

§ 300-2.30 Yard regulations.

A. 
Corner lots shall provide the minimum front yard requirements for the respective district for both intersecting streets.
B. 
Where a building lot has frontage upon a public street which on the traffic plan or Official Map of the Town of Lyons is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
C. 
All uses permitted in the C-1 District shall provide a minimum side yard of 50 feet where such side yard abuts an R-A or R-1 District.
D. 
All uses permitted in the M-1 District shall provide a minimum side yard of 100 feet where such side yard abuts an R-A or R-1 District.

§ 300-2.31 Attached accessory structures.

An accessory structure attached to the main or principal building shall comply in all respects with the requirements of this chapter applicable to the main building.

§ 300-2.32 Detached accessory structures.

Accessory structures which are not attached to a principal structure may be erected in accordance with the following restrictions:
A. 
No accessory structure may be located closer than five feet to any side or rear lot lines.
B. 
No accessory structure may be located closer to the street than the street wall of the principal structure, except that where the principal structure is more than 200 feet from the front lot line, an accessory building shall be no closer than 200 feet to the front lot line.
C. 
No accessory structure shall be located closer to a principal structure than 10 feet.
D. 
A shed not requiring a permanent foundation shall not be subject to side or rear yard requirements, provided it does not exceed 140 square feet in area and six feet in height.

§ 300-2.33 Landscaping regulations.

Any new use which is in, abuts, is adjacent to, or is less than 50 feet from any R-A or R-1 District and which is not conducted within a completely enclosed building, such as junkyards, storage yards, lumber and building materials yards, parking lots, and like uses, shall be entirely enclosed by a fence or wall, or landscaping sufficient to effectively shield such uses. This section shall not apply to nurseries, or to the display for sales purposes of new or used cars, trucks, trailers, bicycles, motorcycles, or farm equipment.

§ 300-2.34 Fences.

A. 
No person shall construct any fence in any R-1 District to a height greater than 4 1/2 feet above ground level, except that a fence not exceeding 6 1/2 feet above ground level may be installed in any side or rear yard. In the front yard, fences shall have the finished side facing out. From the rear line of the front yard to the rear lot line, and along the rear lot line, either side of the fence may face out.
B. 
Fences may be placed on property lines. The party constructing the fence is responsible for determining the location of the property lines. Fences placed as an encroachment shall be removed.
C. 
Barbed-wire fencing. No barbed-wire fence shall be permitted to be placed in any district, except those necessary for legitimate agricultural activities, or when the barbed-wire portion is carried at least eight feet above the adjoining grade.
D. 
Electrified fencing. No electrified fence shall be permitted in any district except those necessary for legitimate agricultural activities.
E. 
Fencing in front yards in R-1 Districts. In R-1 Districts, fences within a front yard shall be of an open type, such as picket, chain link, wrought iron, or split rail.

§ 300-2.35 Off-street parking regulations.

In all districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces in accordance with the requirements set forth below. The number of required off-street parking spaces shall be the number required for the entire structure.
A. 
Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and each parking space shall have a minimum width of 10 feet. There shall be adequate provision for ingress to and egress from all parking spaces. Access drives or driveways shall not be less than 10 feet wide.
B. 
Off-street parking areas shall be designed so that all vehicular movement to and from the public right-of-way is in a forward direction, and shall permit entering and exiting without moving vehicles parked in other spaces. This provision shall not apply to one- or two-family dwellings.
C. 
No driveway connecting to a Town road shall be constructed without the approval of the Town Highway Superintendent and Town Zoning Officer. All culverts, grades and slopes shall be approved by the Town Highway Superintendent.
D. 
Parking schedule. The ratios listed below for each use are based upon the square footage of a structure's floor area as defined herein. In calculating the required number of spaces, all fractional results shall be rounded up to the next highest whole number.
(1) 
Dwellings, including mobile homes, but excluding professional residence-offices and home occupations [see Subsection D(11)]: at least one space and not more than four spaces for every dwelling unit.
(2) 
Church or similar place of worship: at least one space for every five seats provided, except that this number may be reduced or eliminated if there exist within 500 feet of the place of worship public or private parking lots containing a sufficient number of off-street parking spaces to satisfy this requirement. Any such parking must be shown to be legally available for worshippers on the day or days of greatest use.
(3) 
Community buildings, country clubs, social halls, lodges, fraternal organizations and similar uses: at least one space for each 200 square feet of floor area used in connection with the operation.
(4) 
Schools: at least five administrative spaces and at least two spaces for each classroom for preschools, elementary or middle/junior high schools; at least five spaces per classroom for high schools.
(5) 
Motels, hotels, rooming houses, and bed-and-breakfast establishments: at least one space for each rentable unit.
(6) 
Funeral home or mortuary: at least five spaces for each parlor, but not less than 10 spaces.
(7) 
Hospitals, nursing and convalescent homes: at least one space for every three beds provided, plus at least one space for every two employees on maximum shift.
(8) 
Motor vehicle service station or repair shop: at least 10 spaces.
(9) 
Day-care facility: at least one space for each employee on maximum shift, plus at least one space for every five children.
(10) 
Restaurant or other eating establishments, bars and nightclubs: at least one space for every four seats provided, or one space for every 100 square feet of customer floor area, whichever is greater.
(11) 
Professional residence-offices and home occupations: at least five spaces.
(12) 
Wholesale, warehouse, and storage buildings: at least one space for every employee on maximum shift or one space for every 500 square feet of floor area, whichever is greater.
(13) 
Retail stores, shops, and service establishments: at least one space for each 300 square feet of floor area.
(14) 
Bowling alleys: at least six spaces for each alley.
(15) 
Business offices: at least one space for every 400 square feet of floor area, but not less than two spaces.
(16) 
Theater or auditorium: at least one space for every three seats.
(17) 
Manufacturing, industrial and other general commercial uses: at least one space for each 1,000 square feet of floor area, plus one space for each four employees on the maximum working shift.
E. 
The above is to be used as a minimum standard, and in any event traffic generated must be accommodated.
F. 
For structures and land uses that do not fall into the categories listed above, a reasonable and appropriate requirement for off-street parking shall be determined in each case by the Zoning Board of Appeals, which shall consider each new use based on the factors involved.

§ 300-2.36 Off-street loading regulations.

In any district, in connection with every building, or building group or part thereof hereafter erected which is to be occupied by manufacturing or commercial uses or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the following requirements:
A. 
Each loading space shall be not less than 10 feet in width, 60 feet in length, and have a minimum clearance of 14 feet, and may occupy all or any part of any required yard.
B. 
Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Zoning Board of Appeals in accordance with the purposes and procedures set forth herein.
C. 
Minimum off-street loading requirements for retail and service establishments, commercial, wholesale, manufacturing, storage, and miscellaneous uses:
Floor Area
(square feet)
Minimum Number of Loading Berths Required
5,000 to 25,000
1
25,001 to 40,000
2
40,001 to 60,000
3
60,001 to 100,000
4
Each additional 50,000 or fraction thereof
1 additional

§ 300-2.37 Roadside stands.

All roadside stands must be set back a minimum of 30 feet from any highway right-of-way.

§ 300-2.38 Residential conversions.

All residential conversions shall have at least 3,000 square feet of lot area and at least 600 square feet of floor area for each dwelling unit, except as provided in § 300-2.18B(1), and no converted building shall have more than a total of four dwelling units.

§ 300-2.39 Bed-and-breakfast establishments.

The following restrictions apply to bed-and-breakfast establishments:
A. 
Overnight accommodations shall be for a maximum stay of seven consecutive days. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available to the Code Enforcement Officer upon request.
B. 
The number of rooming units for transient accommodation shall not exceed five. The minimum lot size shall be the minimum lot size designated in the applicable zoning district, plus 1,000 square feet for each rooming unit provided.
C. 
Any meals provided or amenities connected with the rooming units, such as a swimming pool or tennis court, shall be solely for the use of the owner, the owner's family, and the owner's registered guests. No cooking or dining facilities shall be permitted in individual rooming units.
D. 
Any exterior alterations to the bed-and-breakfast establishment, and any walks, fences, and landscaping shall maintain the appearance of a single-family residence.

§ 300-2.40 Signs.

Signs may be erected and maintained only when in compliance with the following regulations:
A. 
Signs in R-A and R-1 Districts. The following types of nonilluminated, nonadvertising signs are permitted in all residential districts as follows:
(1) 
Nameplate and identification signs. Signs indicating the name or address of the occupant, or a permitted home occupation, provided that they shall not be larger than four square feet in area. Only one such sign per dwelling unit shall be permitted; except in the case of corner lots, where two such signs (one facing each street) shall be permitted for each dwelling unit.
(2) 
Sale or rental signs. Signs advertising the sale or rental of the premises upon which they are located may be erected or maintained, provided that the size of any such sign is not in excess of six square feet and not more than two such signs shall be permitted; except in the case of corner lots, where two additional signs shall be permitted on each additional frontage.
(3) 
Institutional signs. Signs of schools, colleges, churches, hospitals, sanatoria, or other institutions of a similar public or semi-public nature may be erected and maintained, provided that the size of any such sign is not in excess of six square feet, and not more than one such sign shall be located on a property; except in the case of corner lots, where two such signs may be erected, one on each frontage.
(4) 
Signs accessory to parking areas. Signs designating entrances and exits to or from a parking area shall be limited to one sign for each such entrance or exit and to a maximum size of four square feet. One sign per parking area designating the conditions of use or identity of such parking area shall be permitted and limited to a maximum size of 10 square feet, provided that on corner lots two such signs shall be permitted, one on each frontage.
(5) 
Development signs. Signs advertising the sale or development of the premises upon which they are located, when erected in connection with the development of the premises, may be erected and maintained, provided that the size of any such sign is not in excess of 20 square feet, and not more than two such signs shall be located on a property; except in the case of corner lots, where two such signs may be erected on each frontage. Any such signs shall be removed by the developer within 30 days of the final sale of the property.
(6) 
Signs directing the traveling public to eating, lodging, camping or recreational areas. No such sign shall exceed 50 square feet.
(7) 
Nonresidential signs in R-A Districts.
(a) 
One sign for a roadside stand shall be permitted in each direction of approach to the stand, and one sign at the stand, provided that each such sign not exceed 24 square feet.
(b) 
Signs for bed-and-breakfast establishments shall conform to the requirements of Subsection A(1) above.
(c) 
Signs for other nonresidential uses shall conform to the applicable requirements of Subsection A(1) through (6). Signs for commercial or industrial uses in the R-A District shall be permitted if in conformance with Subsection B, and only upon approval of the Planning Board.
B. 
Signs in C-1 and M-1 Districts.
(1) 
No business sign shall exceed 100 square feet in any C-1 District or 150 square feet in any M-1 District; except that where only one surface of such sign is visible, the surface area may be increased by 50%.
(2) 
Flashing and revolving signs shall be prohibited. Stationary illuminated signs shall be permitted.
C. 
General regulations. The following regulations shall apply to all permitted signs:
(1) 
No freestanding sign shall be located nearer to any property line than 10 feet.
(2) 
No sign shall be higher than the height limit for the district where such sign is located, nor shall any sign be located upon the roof of any building.
(3) 
Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
(4) 
If the Code Enforcement Officer shall find that any sign regulated by this chapter is unsafe or not secure or is a menace to the public, he or she shall give written notice to the named owner of the sign and also the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 15 days of the date of said notice. If said sign is not removed or repaired, the Code Enforcement Officer shall revoke the permit issued, if any, and shall cause the removal or repair of said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
(5) 
Any sign which, in the determination of the Code Enforcement Officer, is abandoned or no longer advertises a bona fide business conducted or product sold on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or land upon which said sign shall be found within 10 days after written notification by the Code Enforcement Officer. Where a business activity has been discontinued for a period of 90 days, the related sign(s) shall be presumed to be abandoned unless the owner, beneficial user or other party in interest files a written certification with the Code Enforcement Officer that such sign is to be utilized within 30 days following such ninety-day period. This provision shall not apply to those signs which, in the determination of the Planning Board, are of unique artistic, cultural, architectural, or historic significance.

§ 300-2.41 Wetlands.

A. 
Wetlands areas are those areas so designated on any wetlands map for the Town of Lyons and determined by data developed by the Town, by Wayne County or by the State Department of Environmental Conservation.
B. 
Each landowner who intends to conduct or become involved in a land use activity in a designated wetland shall notify the Code Enforcement Officer, stating the location and approximate acreage to be affected, the intended use for such land and the methods to be employed. The Code Enforcement Officer shall be satisfied that the intended use is permitted. Any question of compliance or interpretation shall be submitted to the Zoning Board of Appeals for determination.

§ 300-2.42 Floodplains.

See Chapter 157, Flood Damage Prevention, of the Town Code.

§ 300-2.43 Nonconforming uses and structures.

A. 
Except as otherwise provided in this chapter, the lawfully permitted uses of land or structures existing at the time of the adoption of this chapter or an amendment thereto may be continued, although such use or structure does not conform to the standards specified herein.
B. 
No existing structure or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law and as follows:
(1) 
Should any legally existing nonconforming use be destroyed by any means, it may be repaired or reconstructed to the original floor area which existed prior to such damage. All repairs shall be completed within two years from the time the destruction occurred, or such use shall not be rebuilt except as a conforming use. Such reconstruction may only occur on the same lot.
(2) 
A nonconforming use shall not be extended to displace a conforming use.
(3) 
A nonconforming use shall not be changed to another nonconforming use unless it is a similar or less nonconforming use.
(4) 
A nonconforming structure may be enlarged if all area, yard and other requirements of the district in which it is located are complied with.
(5) 
If a nonconforming use is changed to a conforming use, any future use shall conform to the provisions of this chapter.
(6) 
A nonconforming use may be changed to a conforming use.
(7) 
A building or other structure containing a nonconforming residential use may be altered to improve interior livability. No alterations shall be made which would increase the number of dwelling or rooming units.
C. 
The discontinuance of a nonconforming use for a period of 12 consecutive months, or the change of use to a permitted use, shall be considered abandonment thereof and such nonconforming use shall not thereafter be revived. Partial use of a nonconforming use shall not be deemed to be an abandonment. The date that discontinuance of a nonconforming use commences shall be determined by the Code Enforcement Officer, who shall send written notice of such determination to the property owner, with a copy to the Town Clerk. Intent to resume active operations of a nonconforming use shall not affect the foregoing.
D. 
Nothing herein contained shall require any change in the plans, construction, or designated use of a building complying with existing laws, a permit for which shall have been obtained before the date of adoption of this chapter or any applicable amendment thereto, and which entire building shall have been completed according to such plans as have been filed, within one year of the adoption of this chapter or any applicable amendment thereto.
E. 
Nonconforming use rights and obligations, subject to the provisions of this chapter, remain with the land when title is transferred.

§ 300-2.44 Brush, grass and weeds.

Structures and properties within the Town shall comply with the requirements of the New York State Property Maintenance Code and the following:
A. 
Accumulation prohibited. It shall be unlawful for an owner, tenant or occupant of land lying within the Town of Lyons R-1 District to allow, suffer or permit on such lands any accumulation of brush, tall grasses and/or weeds, including poison ivy and ragweed, in a manner detrimental to the public health, safety or general welfare or in such a manner as to constitute a fire hazard, or to allow the growth of such brush, tall grasses and/or weeds to a height greater than 10 inches on the average; and in all such cases, the owner, tenant or occupant shall remove or destroy the same.
B. 
Duty of owner, lessee or occupant. It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Town of Lyons R-1 District to cut and remove or cause to be cut and removed all such brush, grasses and/or weeds, or other rank, poisonous or harmful vegetation as often as necessary to comply with the provisions of Subsection A above.
C. 
Notice to remove. Whenever brush, tall grasses and/or weeds, including ragweed and poison ivy, or other rank, poisonous or harmful vegetation, shall have been allowed, suffered or permitted to grow or accumulate on lands lying within the limits of the Town of Lyons R-1 District in a manner detrimental to the public health, safety or general welfare or in such manner as prohibited by Subsection A above, the Lyons Town Board or the Town of Lyons Zoning Inspector, Health Inspector, or other Town official designated for this purpose shall cause seven days' written notice to remove or destroy the same to be given to the tenant, occupant or owner of any such lands.
D. 
Contents of notice. The contents of said notice shall be as described in § 300-4.11B of this chapter.
E. 
Service of notice. The service of said notice shall be as described in § 300-4.11C of this chapter.
F. 
Failure to comply. In the event that any owner, tenant or occupant shall refuse or neglect to remove or destroy said accumulation within the time limited by said notice, then the Town Board or the Town of Lyons Zoning Inspector, or other Health Inspector, or other Town official serving in such capacity may authorize and direct that the same be removed or destroyed and may use Town employees or hire contractors to accomplish the same.
G. 
Owner to be responsible for costs. In the event that such owner, tenant or occupant shall refuse or neglect to remove or destroy any such accumulations as hereinbefore set forth, and it shall be necessary for the Town Board to cause the same to be removed or destroyed, the officer responsible shall certify the cost thereof to the Town Board.
H. 
Costs to be charged against lands. In all cases where brush, tall grasses and/or weeds, including ragweed and poison ivy, or other rank, poisonous or harmful vegetation, are destroyed or removed from any lands pursuant to this chapter by or under the direction of any official designated in Subsection F above, such official shall certify the cost thereof to the Town Board, as provided in Subsection G above, which shall examine the certification and, if found to be correct, shall cause the cost as shown thereon to be charged to become a lien upon such lands and to be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the Tax Collector.
I. 
Costs to be lien. Upon resolution by the Town Board charging the cost against the lands, a certified copy thereof shall be filed with the Collector of Taxes of the Town of Lyons, and the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers in the same manner as taxes.
J. 
Penalties for offenses. Any person who violates any of the provisions hereof shall be liable to fine as described in § 300-4.12 of this chapter.

§ 300-2.45 Customary farm occupations in all districts.

A. 
No retail or commercial activity shall take place other than a roadside stand.
B. 
No odor- or dust-producing uses, including the storage of manure, shall take place within 150 feet from the nearest lot line, except that it is permissible to store and use, within the above limits, dust or spray material necessary to protect fruits, vegetables and farm crops from disease and insects.
C. 
No hogs or chickens of any kind shall be kept except as an incidental part of a general farm operation.
D. 
Fowl of any kind or livestock, including horses, shall only be kept on parcels of five acres or more in area or in a building, no part of which is closer to any property line than 150 feet.
E. 
No garbage or refuse, other than that produced on the premises, shall be used for feed.

§ 300-2.46 Mobile homes and house trailers.

A. 
Anchors and tie-downs. Mobile homes and house trailers shall be provided with suitable anchors and tie-downs at all times.
B. 
Skirting. Skirting shall be required on all year-round uses.
C. 
Use and configuration. Mobile homes and house trailers shall not be stacked one upon another, nor shall they be used as accessory buildings, agricultural structures, or as additions to other buildings (including other mobile homes or house trailers).
D. 
Additions. No additions shall be made to a mobile home or house trailer except: a canopy, deck or porch open on three sides; an addition made by the mobile home or house trailer manufacturer; an addition designed by a registered professional engineer or licensed architect; or an addition which is freestanding and unsupported by the mobile home's or house trailer's structure.
E. 
Use for dwellings or construction purposes. Mobile homes and house trailers shall not be permitted for any use other than that of a single-family dwelling, except that it shall be permitted for contractors to use such structures as offices or tool sheds during construction projects. Such mobile homes or house trailers shall comply with all other provisions of this section.
F. 
Temporary use. It shall be permitted to temporarily place a mobile home for use as a dwelling during construction of a home, for up to 180 days, provided that the mobile home be located not less than 30 feet from any highway right-of-way, nor less than 10 feet from any other lot line. Such mobile homes shall comply with all other provisions of this section, and shall be promptly removed from the lot upon completion of construction or the lapse of the above-mentioned 180 days, whichever is less.
G. 
Plumbing connections. Every mobile home or house trailer which is provided with plumbing facilities shall have attachment to an approved potable water source and an approved method of sewage disposal, in accordance with New York State Department of Health regulations.
H. 
Nonconforming mobile homes and house trailers. Any mobile home or house trailer which is located so as not to conform to the terms of this section shall not be replaced on its site by any other mobile home or house trailer, except as provided in § 300-2.43B(1) of this chapter.
I. 
House trailers. No house trailer shall be permitted to be placed on any lot in any mobile home park or R-1 District. In addition, no house trailer shall be installed for any purpose unless it complies with the following:
(1) 
The house trailer shall have at least one window in each bedroom which is at least 22 inches in the horizontal or vertical position and at least five square feet in unobstructed area. The bottom of the window opening shall be no more than 36 inches above the floor, and the locks and latches on any such window, storm windows or window screens shall be located not more than 54 inches above the finished floor. A bedroom with a door leading directly to the exterior shall be exempt from this requirement.
(2) 
The house trailer shall have at least two exterior exit doors. In single-section homes, these shall be located no less than 12 feet, center-to-center, from each other. In multi-section homes, such doors shall be not less than 20 feet, center-to-center, from each other. Such measurement shall be taken in a straight line, regardless of the length of travel between doors.
J. 
Use as farm labor housing. Notwithstanding any provision to the contrary, it shall be permissible for mobile homes to be placed in any district, except R-1 and F-P, for use as farm labor housing. Such homes shall conform to all other requirements of this section.
K. 
Abandoned mobile homes and house trailers. No junked, scrapped, discarded, unusable or otherwise abandoned mobile home or house trailer shall be permitted to be placed or remain on any lot in any district for a period of greater than one year, except in an approved dump or junkyard.
L. 
Removal of slab or foundation. Any slab, foundation, or stand for a mobile home located in the R-1 District shall be removed or filled, upon the removal of the associated mobile home, if such home is not replaced by another mobile home on the same site within one year.
M. 
Subdivision restriction. Notwithstanding any provision of this section to the contrary, no mobile home or house trailer shall be permitted to be placed, for any purpose, within any subdivision approved under Chapter 262, Subdivision of Land, of the Town Code. This restriction shall not apply to mobile homes located in approved mobile home parks, nor to construction trailers permitted under Subsection E.

§ 300-2.47 Storage trailers.

A. 
Temporary placement. Wheeled storage trailers shall be permitted to be placed on a temporary basis, in conjunction with a commercial or industrial use, provided that no such trailer shall be located within any front yard or within 50 feet of any highway right-of-way.
B. 
Permanent placement. When placed for a period of time exceeding 90 days, the use of a storage trailer shall be allowed only upon issuance of a building permit, with the following conditions:
(1) 
The trailer shall be placed upon a suitable foundation, with appropriate anchors and tie-downs.
(2) 
The trailer shall be painted a neutral color, and shall not be permitted as a form of signage.
(3) 
The area around the base of the trailer shall be skirted to provide a finished exterior appearance.
(4) 
The trailer shall be considered an accessory structure, and shall be located and maintained in accordance with applicable regulations governing accessory structures.

§ 300-2.48 Apartment garages.

Apartment garages shall be permitted in accordance with the following:
A. 
Not more than one apartment garage shall be permitted on any lot.
B. 
No apartment garage shall extend more than two stories in height.
C. 
No dwelling unit located in an apartment garage shall exceed 750 square feet of floor area on the ground floor, nor more than 900 square feet in total floor area.
D. 
The parking area within an apartment garage shall not exceed a capacity of four typical passenger vehicles.
E. 
Apartment garages shall comply in all other respects with other regulations governing detached accessory structures.
F. 
The total number of dwelling units on the lot shall not exceed the maximum number permitted for a principal building.

§ 300-2.49 Farm animals.

All farm animals shall be appropriately confined by means of pens, fences, buildings, or by other means to prevent their unwanted escape from the property on which they are located.

§ 300-2.50 Farm-related uses.

All farm-related uses shall be subject to site plan review and approval by the Planning Board, prior to issuance of a building permit.

§ 300-2.51 Keeping of bees.

Notwithstanding any other provision to the contrary, there shall be no keeping of bees within any R-1 District, nor within 200 feet of the boundary of any R-1 District.

§ 300-2.52 Minimum floor area for residential uses.

All modular, site-built and multi-section mobile homes hereafter erected in any district shall contain at least 1,000 square feet of floor area for single-family uses, and at least 600 square feet of floor area for each dwelling unit for two-family and multifamily uses. This provision shall not apply to apartment garages, cottages or recreational cabins, nor to efficiency apartments permitted under § 300-2.18B(1).

§ 300-2.53 Application of sewage and septic sludge to farmland.

It shall be permissible to apply sewage and/or septic sludge to farmland for fertilizing purposes, in conformance with the following:
A. 
A permit shall first be obtained from the Code Enforcement Officer. The fee for such permit shall be set from time to time by the Town Board by resolution, and the permit shall expire after three years.
B. 
At the time of application or renewal, the following information shall be submitted for review by the Code Enforcement Officer: a site plan, drawn to scale, of all farmland upon which sewage or septic sludge is to be deposited, showing also the area of application; the source of the sewage or septic sludge to be deposited; the method of application; the total anticipated quantity of sewage or septic sludge to be deposited.
C. 
No sewage or septic sludge shall be applied or deposited within any R-1 or F-P District, nor within 200 feet of the boundary of any R-1 District, occupied building, pond, stream, well, wetland, or other water body.
D. 
All application of sewage or septic sludge shall be in accordance with applicable New York State Department of Environmental Conservation and/or Department of Health requirements, and the Code Enforcement Officer is authorized to require, at his/her discretion, that copies be provided of any such approvals.
E. 
The above provisions may be waived by the Code Enforcement Officer if the farm owner submits an Agricultural Environmental Management (AEM) Plan.

§ 300-2.54 Disposal of farm animal remains.

A. 
Farm animal remains shall be properly disposed of in accordance with generally accepted good farming practices.
B. 
Farm animal remains shall be permitted to be burned, buried or composted upon a farm in any R-A District, in accordance with Subsection C below.
C. 
No farm animal remains shall be buried or composted within any R-1 or F-P District, nor within 200 feet of the boundary of any R-1 District, pond, stream, well, wetland or other water body.
D. 
The above provisions may be waived by the Code Enforcement Officer if the farm owner submits and complies with an Agricultural Environmental Management (AEM) Plan.

§ 300-2.55 Agricultural structures.

A. 
Residential use prohibited. No agricultural structure shall be attached to or provide direct access to any building used for residential purposes, nor shall residential uses be permitted within agricultural structures. Barn conversions shall be permitted, in conformance with § 300-2.56 of this chapter.
B. 
Height exception. The height restrictions of this chapter shall not apply to silos, grain elevators, windmills, or similar agricultural structures not intended for human or animal occupancy.
C. 
Minor agricultural structures. Minor agricultural structures shall be permitted to be placed ahead of the street wall of a principal structure, or ahead of the minimum front yard setback line, but not less than 30 feet from any highway right-of-way, provided that the structure is at least two times the distance from any principal structure as the distance it extends ahead of the street wall of such structure and not more than two stories in height. Such structures shall otherwise be located as provided in § 300-2.32 of this chapter.
D. 
Major agricultural structures. Major agricultural structures shall not be placed ahead of the street wall of a principal structure, except as provided in § 300-2.32B, and shall be at least 50 feet from other major agricultural structures, farmhouses, and other residential structures. Major agricultural structures shall also be located at least 100 feet from any large-scale agricultural structures and 25 feet from any lot line. If no principal structure exists on the lot, the minimum front yard setback shall be 50 feet.
E. 
Large-scale agricultural structures. Large-scale agricultural structures shall not be placed ahead of the street wall of a principal structure, and shall be located at least 100 feet from other large-scale agricultural structures, major agricultural structures, farmhouses, and other residential structures. Large-scale agricultural structures shall also be at least 50 feet from any lot line.
F. 
Existing setbacks. If an existing building should be expanded or enlarged to become a major or large-scale agricultural structure, existing setbacks shall be permitted to remain. No such addition or enlargement, however, shall be permitted to further reduce an existing setback which is less than that required by this section.
G. 
Multiple large-scale agricultural structures. Where two or more large-scale agricultural structures are located on a farm, an on-site fire protection water supply shall be developed, in accordance with Subsection I below.
H. 
Farm floor area exceeding 60,000 square feet. Where the aggregate floor area of all farm buildings exceeds 60,000 square feet, an on-site fire protection water supply shall be developed in accordance with Subsection I below.
I. 
Fire protection water supply. An on-site fire protection water supply, as may be required by this section, shall be developed as provided below:
(1) 
A pond of sufficient size (as may be determined by the local fire department or a professional fire protection engineer) shall be constructed. In lieu of a pond, a suitable dry hydrant, cistern, or elevated water storage tank may be developed.
(2) 
The pond or other water source shall be located at least 100 feet from any major or large-scale agricultural buildings, and at least 50 feet from any interior lot line.
(3) 
The pond or other water source shall have a surrounding ground surface adequate to support fire apparatus at all times, and shall be designated and used only for fire protection purposes.
(4) 
The water source shall be not more than 20 feet lower than the expected level of fire apparatus at all times.
J. 
Setback reduction permitted. The setback requirements for major or large-scale buildings shall be permitted to be reduced by 50% for any of the following fire protection features:
(1) 
The building's structural and exterior components are entirely noncombustible.
(2) 
The building is provided throughout and on all levels with an automatic fire alarm system.
(3) 
The building is provided throughout and on all levels with a fire sprinkler system.
(4) 
The owner or his or her designee prepares a fire safety plan, to be approved by the Code Enforcement Officer, which shall include the following: a) appropriate information for the Fire Department concerning the types of uses, installed fire equipment, numbers of employees, numbers and types farm animals and their locations, locations or utilities, and floor plans; and b) appropriate information to employees, occupants and residents concerning how to report a fire or other emergency, evacuation procedures, use of provided fire equipment, and general fire safety practice. The fire safety plan shall also provide for a tour, by the local Fire Department, of the property for preplanning purposes.
(5) 
The building is suitably compartmented by fire walls, fire curtains or other means as may be designed by a professional engineer.
K. 
Additional reduction for multiple features. If more than one of the above fire protection features is provided, the minimum required setbacks for major or large-scale agricultural structures shall be permitted to be reduced by 75%.
L. 
Oxygen-limiting silos. Oxygen-limiting silos shall have installed at the base of each such silo a durable sign not less than four square feet in size, which shall read "WARNING — OXYGEN-LIMITING SILO — DO NOT USE WATER TO EXTINGUISH FIRE".

§ 300-2.56 Barn conversions.

Barn conversions shall comply with all other applicable sections of this chapter, including § 300-2.38, § 300-2.55A, and § 300-2.52, and shall be sited in accordance with applicable yard and setback requirements for principal or accessory dwellings.

§ 300-2.57 Manure lagoons.

A. 
No manure lagoon shall be located within any R-1 or F-P District, or within 200 feet of the boundary of any R-1 District, pond, stream, wetland, occupied building, lot line, or public right-of-way, including roadways.
B. 
The above provisions may be waived by the Code Enforcement Officer if the owner submits an Agricultural Environmental Management (AEM) Plan or if the manure lagoon is lined with a suitable, impervious material.

§ 300-2.58 Unimproved building lots in R-1 District.

A. 
Maintenance. All unimproved building lots in R-1 Districts shall be maintained in a clean, safe and level condition.
B. 
Storage of certain vehicles. No unlicensed, unserviceable, abandoned, junked, inoperable, or unused vehicles or equipment shall be permitted to be parked or stored upon any unimproved building lot in an R-1 District, other than in a completely enclosed building.
C. 
Parking of travel trailers. No travel trailer, as defined in this chapter, shall be permitted to be placed on a temporary or permanent basis on any unimproved building lot in an R-1 District.
D. 
Outdoor storage. No unimproved building lot in an R-1 District shall be used for the outdoor storage of any junk or any materials exceeding an aggregate area of 100 square feet. No materials of a noxious or dangerous nature shall be permitted. Material storage within the above limits shall not exceed 20 feet in any horizontal dimension, nor more than six feet in any vertical dimension. Lumber, pipes and building materials shall be stored at least one foot above grade to prevent rodent harborage.
E. 
Nonresidential use. The nonresidential use of an unimproved building lot in an R-1 District in excess of the above limits shall be permitted only upon issuance of a renewable special permit by the Zoning Board of Appeals. Such permit shall expire after two years.
F. 
Amortization. All unimproved building lots not in conformance with this section shall be made to comply with this section not later than six months after the effective date of the local law enacting this section.[1]
[1]
Editor's Note: This section was originally enacted 8-20-2001 by L.L. No. 2-2001 (T).
G. 
Grass, brush and weeds. All unimproved building lots shall be maintained in accordance with § 300-2.44 of this chapter in regard to tall grass, brush and weeds.

§ 300-2.59 Abandoned farm equipment.

No broken down, unused, junked, unserviceable, inoperable, or otherwise abandoned farm equipment shall be permitted to be parked or stored openly within 100 feet of any highway right-of-way.

§ 300-2.60 Agricultural signs.

Agricultural signs shall be permitted in all districts, in conformance with § 300-2.40A(7).

§ 300-2.61 Recreational cabins.

A. 
Recreational cabins are not required to be located on lots with street frontage.
B. 
No travel trailer, house trailer or mobile home shall be permitted to be placed for use as a recreational cabin, except in an approved Type 1 camp.

§ 300-2.62 Through lots.

Through lots shall comply with applicable front yard requirements for both street frontages.

§ 300-2.63 Storage for residential structures.

Any site-built, modular or mobile home, and any house trailer not provided with a basement, shall be provided with a storage building located on the same lot which is not less than 100 square feet in area. This provision shall not apply to recreational cabins.

§ 300-2.64 Farm labor housing.

Structures used as farm labor housing shall be located as provided for in § 300-2.55.

§ 300-2.65 Boathouses.

Boathouses shall be permitted to be placed in any use district as an accessory use as follows:
A. 
No boathouse containing a residential use shall be located within any C-1, M-1 or F-P District.
B. 
Boathouses containing a residential use shall comply with requirements for apartment garages.[1]
[1]
Editor's Note: See § 300-2.48.
C. 
No setback shall be required from a water body.