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Lysander City Zoning Code

ARTICLE XX

Supplemental Regulations

§ 320-51 Hazards and dangers; pollution; temperature effects.

A. 
Fire and explosion hazards. There shall be no activities or storage involving flammable and explosive materials without adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices. There shall be no burning of waste materials. There shall be no storage of crude oil or any of its volatile products or other highly flammable liquids in aboveground tanks except in accordance with state regulations, and all such tanks having a capacity of 10,000 gallons or more shall be properly diked with dikes having a capacity equal to 1 1/2 times the capacity of the tanks or tanks surrounded.
B. 
Radioactivity. There shall be no activities which emit radioactivity dangerous to health or adversely affecting the operation of any equipment.
C. 
Water and air pollution. There shall be no emission into the atmosphere of fly ash, dust, fumes, vapors, gases and other forms of air pollution which can cause damage to life or property or discharge into any sewage-disposal system or stream or into the ground of any materials of such a nature or temperature as can contaminate any watercourse or supply or can cause any dangerous or unhealthy condition, except upon approval of applicable state and/or local agencies having jurisdiction to regulate such air or water pollution.
D. 
Heat, cold, movement of air or dampness. There shall be no activities which produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.

§ 320-51.1 Farm animals.

[Added 8-2-2018 by L.L. No. 5-2018]
No farm animals shall be kept or harbored on land zoned R-10, R-12.5 or R-20. Any person or persons harboring farm animals in all other zones shall keep such animals confined to their property.

§ 320-52 Parking.

A. 
Off-street parking requirements. For each structure hereafter constructed, reconstructed or altered, the following parking spaces shall be provided and maintained, or at the discretion of the Planning Board held in reserve for future use on the same lot with the structure except as set forth in Subsection C of this section:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Use
Number of Parking Spaces
Single- and 2-family dwelling
2 for each dwelling unit
Multiple-family dwelling
2 for each dwelling unit
Hotels, motels and bed-and-breakfasts
1 for each guest bedroom, plus spaces required by this section for staff on-site restaurants, banquet rooms and/or meeting rooms.
Churches, auditoriums, theaters, funeral homes and other places of public assembly
1 for each 4 seats at maximum capacity
Offices
1 for each 300 square feet of gross floor area
Stores
1 for each 300 square feet of gross floor area
Shopping centers
1 for each 300 square feet of gross floor area
Industrial or manufacturing
1 for each 500 square feet of gross floor area
Warehousing
1 for each 4,000 square feet of gross floor area
Restaurants
1 for each 60 square feet of gross floor area
Bowling alleys
6 for each alley
Other commercial enterprises
1 for each 300 square feet of gross floor area
Institutions, hospitals, nursing homes
1 for each 3 beds
Accessory uses
1 for each 250 square feet of gross floor area, plus 2 spaces per dwelling unit
Schools
1 for each 100 square feet of gross floor area
Motor vehicle service station and public garages
3 per bay, minimum of 5
Farm stand and country store
1 for each 300 square feet of indoor retail area
B. 
Loading space requirements. For each structure hereafter constructed, reconstructed or altered, loading spaces will be provided as indicated:
Use
Number of Parking Spaces
Storage and shopping centers
1 for each 5,000 square feet
Funeral homes
2 per establishment
Warehousing, industrial or manufacturing
1 for each 10,000 square feet of gross floor area
C. 
Off-site parking areas. Up to 50% of the parking spaces required for a structure in Subsection A of this section may be otherwise located upon the special permit and approval of the Planning Board as provided in Article XVIII and upon findings that:
(1) 
It is impractical to provide parking on the same lot with the structure.
(2) 
The required space is fully provided in a permanent and accessible manner.
(3) 
The off-site parking area is within 500 feet of the site of the structure and within the same or a less restricted district.
D. 
Parking in residential area. In any residential district, the following regulations shall apply:
(1) 
Commercial machinery or heavy equipment, motor homes, campers, boats, trailers and other recreational vehicles shall be parked or stored in a side or rear yard, no closer than five feet to the side or rear property line.
(2) 
Exceptions to the above requirement may be granted by the Codes Enforcement Officer upon written request and extenuating circumstances found by the Code Enforcement Officer.

§ 320-53 Signs. [1]

A. 
In residential and agricultural districts, no sign shall be erected or used except:
(1) 
A professional or announcement sign which may be illuminated on one or two faces but shall not be flashing, revolving, animated or otherwise in motion nor more than two square feet in area on each face.
(2) 
A nonilluminated temporary real estate sign, not more than 12 square feet in area, for the sale or rental of the property upon which it is located; and on a corner lot, two such signs, one facing each street.
(3) 
A nonilluminated advertising sign, not more than 32 square feet in area, for the sale of products grown or produced on the premises; and on a corner lot, two such signs, one facing each street.
(4) 
Signs appropriate to a public or quasi-public building or necessary to legal process.
(5) 
Identification signs for residential subdivisions not exceeding 32 square feet when approved by the Planning Board as a part of subdivision approval or otherwise approved by the Zoning Board of Appeals.
B. 
In all other districts, no sign shall be erected or used except:
(1) 
Those permitted in residential and agricultural districts.
(2) 
Not more than three signs which may be illuminated on one or two faces but shall not be flashing, revolving, animated or otherwise in motion having a total area not greater than 8% of the area of the building facade facing the street and in no instance greater than 75 square feet. These signs shall be limited to advertising a business conducted on the premises.
(3) 
Advertising or display signs for shopping centers designed in accordance with an integrated sign plan approved by the Board of Appeals pursuant to Articles XVII and XVIII.
C. 
General regulations. The following regulations shall apply to all signs:
(1) 
No sign in any district may extend over a sidewalk or other public way.
(2) 
Except in agricultural districts, no sign in any district, unless attached to a building, shall be located nearer to a street line than 25 feet nor, except in business or industrial districts, nearer to a side line than 10 feet.
(3) 
Building permits shall be required for all signs 10 square feet in area or larger, which shall be regarded as structures within the meaning of this chapter.
(4) 
Advertising display upon any structure shall be regarded as a sign subject to this chapter.
(5) 
No sign attached to a building in any district shall project above the height of the wall upon which it is attached. No freestanding signs shall be higher than 25 feet above grade.
(6) 
No illuminated sign or outdoor illumination shall be erected or used so that light will directly reflect toward residences on adjoining lots, toward residential districts within 1,000 feet or toward a highway so as to create a traffic hazard.
(7) 
All accessory advertising devices of commercial enterprises other than signs permitted by the above regulations such as, but not limited to, bunting, pennants, pinwheels or streamers are prohibited.
(8) 
In no instance shall signs be permitted within 660 feet of the right-of-way of a controlled access highway except for those signs which advertise a business conducted on the premises, signs placed on properties for sale or rent and signs incident to legal process and necessary to the public welfare.
[1]
Editor's Note: See also § 320-4.

§ 320-54 Height limitation exceptions.

The height limitations of this chapter shall not apply to:
A. 
Churches, schools, hospitals, water supply towers and other public and quasi-public buildings, provided that for each foot by which the height permitted in the district is exceeded, the side, front and rear yards required in the district shall be each increased an additional foot.
B. 
Farm structures, church spires, belfries, cupolas, domes, communication towers, monuments, television antennas, observation towers, flagpoles, ventilators, skylights, water tanks and necessary appurtenances usually carried above roof levels. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.

§ 320-55 Nonconforming uses.

A. 
All lawful structures and uses not conforming to the regulations of the district in which they are located at the time of the 1974 date of the original adoption of this chapter or amendments thereto shall be known and regarded as "legal nonconforming."
B. 
A legal nonconforming structure or use may be continued subsequent to adoption of this chapter, provided that no such structure may be enlarged or altered in a way which increases its nonconformity, and no such use shall be enlarged or increased to occupy a greater area of or land that was occupied at the effective date of adoption of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Any legal nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption of this chapter in 1974. A legal nonconforming use may be changed to a use of the same classification, and, when changed to a more restrictive classification, such use thereafter shall not be changed to a less restrictive classification.
D. 
To avoid undue hardship, nothing herein contained shall require any change in plans, construction or designated use of a structure for which a building permit was issued more than 30 days prior to the effective date of this chapter and the construction of which is begun and diligently prosecuted within three months after the enactment hereof and which building shall be completed within one year of the effective date of this chapter.
E. 
On any structure devoted in whole or in part to any legal nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubical content of the structure, as it existed at the time of passage of this chapter, shall not be increased.
F. 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any Town official charged with protecting the public safety upon order of such official.
G. 
Reversion of legal nonconforming structures and uses. A legal nonconforming structure or use may not be altered, rebuilt or resumed except in conformity with the regulations for the district in which it is located if:
(1) 
Either a legal nonconforming structure or use has once been changed to a conforming use.
(2) 
A legal nonconforming use of land ceases for any reason for a period of more than 90 days.
(3) 
A legal nonconforming use of a structure has ceased for a consecutive period of six months or for 18 months during any three-year period.
(4) 
A legal nonconforming structure is destroyed by any means to the extent of 50% or more of either its value or its area.
H. 
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from a district of one classification to a district of a different classification, the foregoing provisions shall apply to legal nonconforming uses created by such transfer.

§ 320-56 Fire escapes.

Nothing herein contained shall prevent the projection of an open fireproof escape into a rear or side yard for a distance not to exceed eight feet.

§ 320-57 Minimum floor area.

A. 
For all one-story single-family dwellings, the minimum first-floor area used for living purposes shall be 1,100 square feet, except that efficiency apartments may have a minimum floor area used for living purposes of 600 square feet, and one-bedroom apartments may have a minimum floor area used for living purposes of 750 square feet. In no instance, however, may such efficiency and one-bedroom apartments make up more than 50% of the total units in a multiple-family project either in total or at each phase of construction.
B. 
For all one-and-one-half-to-two-story single-family dwellings, the minimum first-floor area used for living purposes shall be 768 square feet. For all two-family and multiple-family dwellings, the minimum floor area used for living purposes in each dwelling unit shall be 900 square feet.

§ 320-58 Park buffer strip.

The applicant shall add 50 feet to rear and side setbacks where property adjoins a public park.

§ 320-59 Agricultural Taxing Districts.

An eighty-thousand-square-foot minimum lot size shall apply for any use in an Agricultural Taxing District.

§ 320-60 Corner lots.

A. 
In the case of a corner lot, each yard abutting a street shall have a minimum depth equal to the front yard depth of the adjacent lot on the same street or the front yard depth required for the district in which such adjacent lot is located, whichever is the lesser, and, if in a residential district, shall be unoccupied except for fences and/or other decorative or landscaping uses. Each other yard of such corner lot shall have a minimum width equal to the width of the side yard which it adjoins or the side yard width of the district in which such adjoining side yard is located, whichever is the lesser, and, if such corner lot is in a residential district, shall be unoccupied adjacent to the boundary of the adjoining yard to such minimum width except for fences and/or other decorative or landscaping uses.
B. 
On corner lots, no berm, fence, wall, hedge or other planting or structure more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 35 feet distant from the point of intersection, measured along said street line.

§ 320-61 Front building line in new major residential subdivisions.

Notwithstanding the definition of "building line, front" in § 320-4B, the Planning Board, through the subdivision process, may, in its discretion, approve a front building line which is a greater distance from the street line than the minimum front yard setback, but only for lots fronting an internal local Town-owned street in new major residential subdivisions.