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Lysander City Zoning Code

ARTICLE X

Neighborhood Residential-Business District NR-BD 1

§ 320-23 Structures and uses.

This district is intended to permit limited retail, personal and office uses within residential areas. Within this district, business uses of a size, appearance and type which are compatible with residential uses may coexist in close proximity with dwellings.
A. 
Uses permitted by right (with building permit, where required) are as follows:
(1) 
Single-family dwelling on a permanent foundation and accessory uses and structures.
B. 
Uses permitted upon controlled site review (See Article XVII.) are as follows:
(1) 
Two-family dwelling.
(2) 
Coffee shop, bakery shop, confectionary shop, donut shop, sub shop, pizza shop, delicatessen and the like, provided the products prepared or processed on the premises shall be sold only at retail and only at the premises.
(3) 
Boutiques and specialty retail shops, including book shop, card shop, gift shop, video shop, newspaper and magazine shop, drugstore, stationery shop, arts and crafts shop and the like.
(4) 
Barbershop, beauty shop and other similar personal service shops (except tattoo parlors).
(5) 
Bank and credit union.
(6) 
Insurance office, real estate office, lawyer's office, physician/dentist office, and other similar business or New York State licensed professional office.
(7) 
Liquor shop.
(8) 
Restaurant (except drive-in service or drive-through service).
(9) 
Meat market, fish market, specialty food shop and convenience food shop
(10) 
Church, including church-sponsored school or day-care center.
(11) 
Utility substation.
C. 
Uses permitted upon issuance of a special permit (See Article XVIII.) and a controlled site review (See Article XVII.) are as follows:
(1) 
Bed-and-breakfast).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Parks, playgrounds and other similar recreational facilities which are privately owned and operated by a not-for-profit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Child day-care center [excluding such facilities described in Social Services Law Section 390, Subdivision 12(b)].
(4) 
Limited motor vehicle fuel sales (with or without convenience shop or other permitted use) (fuel-dispensing equipment shall have the capacity to simultaneously fuel no more than eight vehicles).
(5) 
Uses not specifically mentioned but similar to those listed above (including those in Subsection B above). The Zoning Board of Appeals shall make a specific finding that such use is of the same character as those permitted in this district before granting a special permit for such a similar use.
D. 
Prohibited uses are as follows:
(1) 
A building used for business purposes, or that part of a building which is used for business purposes, with a total horizontal area on all floors in excess of 3,000 square feet measured along the outside faces of exterior walls. Any variance to this size restriction shall be considered a use variance.
(2) 
Detached accessory buildings on lots used primarily for nonresidential purposes (except required canopies over fuel pumps).
E. 
The following regulations shall apply:
(1) 
Height, yard and corner lot exceptions.
(2) 
Off-street parking and loading.
(3) 
Signs.
(4) 
Accessory uses and structures [but see Subsection D(2) above].
(5) 
Riverfront.
(6) 
Highway.
F. 
Special requirements for business uses:
(1) 
To foster compatibility with nearby residential uses, no business shall be operated between the hours of 12:00 midnight and 5:00 in the morning, prevailing time.
(2) 
Site lighting shall be recessed or shielded in such a way that source light is not visible at the lot line.
(3) 
Site lighting shall be dimmed or reduced to a level or in a manner prescribed by the Planning Board between the hours of 11:00 p.m. and 6:00 a.m.
(4) 
Buffers shall be required along all side and rear lot lines which abut an adjacent residential lot, and may be required in other circumstances as the Planning Board deems appropriate.
(5) 
To the extent practicable, new or remodeled buildings shall employ an exterior design compatible with residential structures, with pitched roofs, natural-looking siding materials, and other residential architectural features.
(6) 
Exterior noise and odors shall be minimized. Exterior speakers shall not be permitted or used without the specific approval of the Planning Board.
(7) 
Pumps and islands at motor vehicle fuel sales businesses shall be arranged to minimize the size of the canopy.

§ 320-24 Dimensional requirements.

A. 
Residential uses and structures.
(1) 
Lots shall meet the following requirements:
Regulation
1-Family
2-Family
Lot area, minimum (square feet)
40,000
80,000
Lot width, minimum (feet)
200
300
Lot coverage, maximum
25%
30%
(2) 
Principal structure and accessory structures shall meet the following requirements:
Regulation
1-Family
(feet)
2-Family
(feet)
Front yard setback
50
50
Side yard setback
1 side
10
10
Total of both sides
30
30
Rear yard setback
Principal structures
50
50
Accessory structures
10
10
Maximum height
30
30
B. 
Nonresidential uses and structures.
(1) 
Lots shall meet the following requirements:
(a) 
Lot area, minimum: 20,000 square feet.
(b) 
Lot width, minimum: 100 feet.
(c) 
Lot coverage, maximum: 50%.
(2) 
Principal structure and accessory structures shall meet the following requirements:
(a) 
Setback, front yard: 50 feet.
(b) 
Setback, side yard:
[1] 
One side: 10 feet.
[2] 
Total of both sides: 30 feet.
(c) 
Setback, rear yard for principal structures: 50 feet.
(d) 
Setback, rear yard for accessory structures: 10 feet.
(e) 
Maximum height: 30 feet.