This chapter shall be known and may be cited as the "Town of
Lewiston Zoning Code."
A.
The purpose of the Zoning Code is to provide for the orderly growth
of the Town of Lewiston. This chapter sets requirements on the use
of land and size, height and bulk of uses. Specific areas have been
designated for residential, business and industrial growth to protect
the overall character of the Town, ensure the development of cohesive
neighborhoods and minimize conflicts among land uses. Specifically,
this chapter is developed to:
(1)
Implement the Town of Lewiston Comprehensive Plan, as adopted November
13, 2000, and as amended thereafter, including the 2011 update.
(2)
Promote the health, safety and general welfare of the general public
and provide safety from fire, flood and other dangers.
(3)
Provide adequate light, air and outdoor uses to include public, common
and private open space areas.
(4)
Prevent overcrowding of land and ensure structure and land use arrangements
are aesthetically harmonious to surrounding areas and structures.
(5)
Avoid undue concentration of population or sparse, uncoordinated
development.
(6)
Facilitate the adequate provision of transportation, water, sewer,
school, parks and other public services.
(7)
Protect the character and values of residential, institutional, public,
business and industrial uses and to ensure their orderly and beneficial
development.
(8)
Regulate the location of buildings and intensity of uses in relation
to streets to ensure minimal interference with and by traffic movements,
reduce congestion on Town streets and improve public safety.
(9)
Preserve and protect significant natural features and vegetation,
thereby preventing ecological damage and visual blight which occur
when those features or vegetation are eliminated or substantially
altered to serve development purposes only.
This chapter shall take effect on the date of official adoption
by the Town Board. This chapter shall apply on its effective date
to all uses that have not commenced and structures that have not been
constructed regardless of the status of permits or certificates of
occupancy issued pursuant to the New York State Building Codes.
Any variance or special use permit lawfully issued prior to
the effective date of this chapter, or any amendment thereof, which
could be lawfully issued pursuant to the provisions in effect after
such effective date shall be deemed to be valid and continue valid
after such effective date. Any structure or use lawfully authorized
by any such variance or special use permit which could not be so issued
after such effective date shall be allowed to continue subject to
the provisions of this chapter dealing with legally existing nonconformities.
Nothing in this section shall affect the expiration date of any existing
permit.
A.
No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner except in conformity with
the yard, lot area, height and building location regulations hereinafter
designated for the district in which such building or open space is
located, and upon issuance of all approvals required by this chapter.
B.
No use shall be conducted or changed or property altered in any manner
except in conformity with this chapter.
C.
No lot area shall be reduced, altered or subdivided as to create
a nonconforming lot.
D.
Nothing in this chapter shall be read as eliminating the requirement
for compliance with any chapter of the Town Code, or any other federal,
state or local law.
A.
Building permit required. No excavation, construction, alteration,
repair or demolition of any building or other structure within the
Town of Lewiston shall hereafter be commenced until an application
for a building permit shall have been filed with the Building Inspector
and a permit authorizing the work contemplated has been issued. Such
application shall be made by the owner of the property or by his duly-authorized
agent on forms to be supplied by the Building Inspector. Exceptions
to the requirement for building permits may be allowed for:
(1)
Alterations to existing buildings, do not affect structural features;
do not affect fire safety features such as smoke detectors, sprinklers,
required fire separations and exits; do not involve the installation
or extension of plumbing or electrical systems; and do not include
the installation of solid-fuel-burning heating appliances and associated
chimneys and flues.
B.
The application for a building permit shall request sufficient information
to permit a determination of that intended work accords with the requirements
of the current codes applicable to New York State.
C.
Time limit. Any permit (including any permits issued prior to the
effective date of this chapter) hereafter issued for the construction
of a building shall be invalid if such construction shall not be commenced
within one year of the date of the permit or if said construction
is commenced but has been abandoned for a period of six months. One
six-month extension/renewal may be issued by the Town. (Must reapply
after this six-month extension, if construction is not started).
D.
Sewage disposal plan. No building permit shall be issued for the
construction of any structure intended for human habitation in any
area where a public sewage disposal system is not available, unless
such building permit is accompanied by a layout of a septic disposal
system in accordance with the requirements of the Town of Lewiston,
and the County of Niagara. In the event a public supply of water is
not available, such layout shall also indicate permissible location
of a well or wells, in accordance with Department of Health standards.
E.
Application. There shall be submitted with all applications for building
permits one copy of a layout or plot plan on an updated survey showing
the actual dimensions of the lot to be built upon, the size and location
on the lot of the building and accessory buildings to be erected and
such other information as may be necessary to determine and provide
for the enforcement of this chapter. Nothing in this section shall
prevent the Building Inspector from requiring such additional information
as may be necessary to an intelligent understanding of any proposed
work.
F.
Cost of construction, for the purposes of computing the permit fee
(those that are applicable), will be based upon an affidavit of estimated
cost to be submitted with the application and sworn to by the applicant.
If any work other than layout has been commenced prior to the issuance
of a building permit, by a resident or contractor who has been informed
of the permit regulations, as a penalty, the fee for the building
permit shall be double the normal fee. This penalty is in addition
to any penalties provided for elsewhere in this chapter.
G.
Variances. Any request for a variance to the provisions of the current
codes applicable to New York State shall be obtained through an appeal
to the State Board of Review.
A.
No land shall be occupied or used, and no structure erected, reconstructed
or structurally altered shall be occupied or used, in whole or in
part, for any purpose whatsoever, until a certificate of occupancy
shall have been issued by the Building Inspector stating that the
structure and use appear to comply with all applicable provisions
of this chapter. No change in any use shall be made to any structure
or part thereof, except in conformance with a certificate of occupancy
issued by the Building Inspector. Use of a single-family dwelling
for a group home shall constitute a change of use requiring a certificate
of occupancy. Any subsequent change of occupancy or re-occupancy of
a group home shall also constitute a change of occupancy requiring
a certificate of occupancy. A certificate of occupancy shall be applied
for concurrently with the application for all approvals and, unless
a temporary certificate of occupancy has been issued, shall be issued
within 10 days after the lawful erection, reconstruction or structural
alteration of such building shall have been completed.
B.
Temporary/partial certificate of occupancy.
(1)
If the Building Inspector finds that no substantial hazard will result
from occupancy of any building or portion thereof before the same
is completed, a temporary certificate of occupancy may be issued for
the use of a portion or portions of a building or structure prior
to the completion of the entire building or structure. The temporary
certificate shall state the items to still be completed and/or the
portions of the building approved for occupancy. Certificates may
be issued for a period of up to one year by the Building Inspector,
and may be extended for up to an additional six months at a time by
the Building Department. The Building Inspector or Board may require
a performance bond to guarantee completion of the project.
(2)
Applicants for a temporary certificate shall stipulate that:
(a)
They agree to maintain the conditions stipulated in their request
for partial occupancy for the duration of construction on the site;
and
(b)
If they fail to obtain a full certificate of occupancy for the entire
building, they will vacate the premises and terminate all temporary
occupancy until successfully obtaining a full certificate of occupancy
for the building.
C.
Existing building certificate of occupancy. A certificate of occupancy
for any existing building may be obtained by applying to the Building
Inspector and supplying the information and data necessary to determine
compliance with the technical codes for the occupancy intended. Where
necessary, in the opinion of the Building Inspector, one set of detailed
drawings, or a general inspection, or both, may be required. When,
upon examination and inspection, it is found that the building conforms
to the provisions of the technical codes and other applicable laws
and ordinances for such occupancy, a certificate of occupancy shall
be issued.
D.
No estoppel effect. The Building Inspector shall use his or her best
efforts to ensure that all Code provisions are complied with prior
to issuance of any certificate of occupancy. But if later inspection
or events discloses any noncompliance with Town Codes, New York State
Codes, or other applicable codes, issuance of a certificate of occupancy
shall in no manner limit the right of the Town to enforce its Codes
through all civil and/or criminal remedies available.
E.
No liability for damages. This chapter shall not be construed to
hold the Town responsible for any damages to persons or property by
reason of inspections made pursuant to an application for a certificate
of occupancy or issuance of or failure to issue a certificate of occupancy,
and nothing in this chapter shall be construed to impose a duty upon
the Town to any person or property.
No approving authority shall issue a permit or other approval
to any person where violations of the Town Code exist on the property,
regardless of whether the violations are related to the approval requested.
The approving authority may condition approval upon remedying the
violations, but no final approval shall be issued until all such violations
are cured. Notwithstanding this provision, issuance of any permit
or approval even though violations exist, whether or not such violations
are known or should have been known to the Town, shall not have an
estoppel effect, or in any manner be considered as approval of the
violating conditions or waiver of any of the Town's rights to take
any action to cure such violations.
A.
Interpretation. In interpreting and applying the provisions of this
chapter, its provisions shall be held to be the minimum requirements
for the promotion of public health, safety, convenience, comfort,
prosperity and general welfare. The adoption of this chapter only
repeals, abrogates or annuls existing provisions of any law previously
adopted relating to the use of structures and land and the design,
erection, alteration or maintenance of structures, if specifically
repealed, abrogated or annulled herein.
B.
Existing restrictions. The provisions of this chapter shall not annul,
or in any way interfere with, existing deed or plat restrictions,
easements or other agreements between persons, codes, laws, rules,
regulations or permits previously adopted or issued, except those
codes or sections which are contrary to, or in conflict with, this
chapter. Wherever this chapter imposes greater restrictions upon the
use of structures or land, the height or bulk of buildings or requires
larger land or building areas, yards or other open spaces than are
otherwise required or imposed by deed or plat restrictions or laws,
this chapter shall control; other regulations shall control where
they impose greater restrictions than this chapter and for that purpose,
this chapter shall not annul, modify or impair the provisions of any
existing deed or plat restrictions, easements or other agreements.
C.
Prohibited uses. Any use not specifically listed as an approved as-of-right
or specifically permitted use is not allowed in the Town of Lewiston.
D.
Zoning Map. Districts are bounded as shown on the Official Zoning
Map entitled "Zoning Map of the Town of Lewiston," and certified by
the Town Clerk, and which may be amended by the Town Board in accordance
with the terms of this chapter, which map accompanies this chapter,
and which, with all explanatory matter thereon, is hereby made a part
of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Office of
the Town Clerk.
E.
Zoning district boundaries. Where uncertainty exists with respect
to the boundaries of the various districts, as shown on the Zoning
Map, the following rules shall apply:
(1)
Where the designation on the Zoning Map indicates a boundary which
is a street or public right-of-way, the center line of the road shall
be construed to be the boundary.
(2)
Where the designation on the Zoning Map indicates a boundary approximately
upon a lot line, such lot line shall be construed to be the boundary.
(3)
Zoning Districts extend into the Niagara River on a straight line
to the boundary of the Town.
(4)
Distances shown on the Zoning Map are perpendicular distances from
road center lines measured to the district boundary, which boundaries
in all cases where distances are given are parallel to the road center
line.
(5)
In other cases, the district boundary shall be determined by the
use of the scale of the Zoning Map.
(6)
The Zoning Board of Appeals shall have jurisdiction to determine
District Boundary disputes.
F.
References. Titles and headings have been inserted for convenience
of reference and are not intended to define or limit the scope of
or otherwise affect any provision in this chapter.
A.
Jurisdiction. The provisions of this chapter shall apply in all areas
of the Town of Lewiston, including areas under water, except for the
areas within the Village of Lewiston and the Tuscarora Indian Reservation.
B.
Applications. Applications for any approval required under this chapter,
or amendment of this chapter, shall be on forms provided by the Town.
No application shall be processed unless the application is complete,
including submission of required Environmental Assessment Forms, and
all fees paid. Applications may be made by the owner of property,
or any person having a contractual interest in the subject property.
Where the applicant is not the owner, proof of the contractual interest
or the owner's authorization shall be submitted.
C.
Notices. Notices to adjoining properties, applicants, or other agencies
required by this chapter shall be by first-class mail unless otherwise
stated.
D.
State environmental quality review act compliance.
(1)
The Town Board, for all actions in which it shall have any approval
authority, shall act as Lead Agency for all reviews under the State
Environmental Quality Review Act (SEQRA), unless a non-Town agency
is designated as the Lead Agency. If the Town Board has no approving
authority on an action, the approving Board shall act as Lead Agency.
(2)
Escrow account. For any project reviewed pursuant to SEQRA for which
the Lead Agency can be reimbursed for its review costs, or any project
requiring the review by an outside consultant for the Town, the Town
may require the advance deposit of the estimated cost of such review
fees into an escrow account. Any funds not expended on the review
or interest earned on the account shall be returned to the applicant
at the completion of the review.
E.
Fees. The Town Board shall have authority to establish and amend,
by resolution, fees and charges to defray the costs of administering
this chapter and reviewing applications.
F.
Restrictive covenant. Where any approval or amendment granted under
this chapter includes a restriction on the use of land, the approving
Board may require the applicant record at its cost, in a form approved
by the attorneys for the Town, a restrictive covenant stating said
terms or conditions.
G.
Public hearing procedures. Public hearings required by this chapter
shall be conducted by the hearing body as designated. At the hearing,
interested persons shall be permitted to submit information and comments
either verbally or in writing. Whenever multiple applications are
submitted for a project, such as site plans and special use permits,
the hearing body may hold one hearing on the multiple applications.
The hearing body shall control the conduct of such hearing and may
establish reasonable rules and regulations including but not limited
to rules and regulations governing the presentation of information
and comments, the limitation of redundant or irrelevant materials
and testimony, the order and length of statements or testimony, and
time limitations. The hearing may be continued from time to time as
directed by the hearing body.
H.
Performance bond. For any project, including but not limited to subdivisions,
zoning amendments, planned developments, site plans or special use
permits, which project is approved with conditions attached, the approving
Board may require the applicant to provide a performance bond or other
security in a form acceptable to the Town, to guarantee completion
of the work.
I.
Contiguous parcels. When two or more parcels of land, both or one
of which lacks adequate area and dimension to qualify for a permitted
use under the requirements of the use district in which they are located,
are contiguous and are held under one ownership, they shall be used
as one lot for such use, shall be combined on the Zoning Map and Tax
Map, and deeded as one lot. As a condition of any approval, the approving
Board shall require proof of the combination of the lots by deed,
or filing of a restrictive covenant preventing the separate sale of
either lot without prior permission of the Town Board.
J.
Time periods.
(1)
Any time limit specified in this chapter for any decision or action
by the Building Inspector, the Town Board, the Zoning Board of Appeals
or the Planning Board may be extended or tolled by the joint agreement
of the applicant and the decision-making body unless otherwise stated
in this chapter. In the event a decision or action by the Building
Inspector or Zoning Board is not rendered within the time period specified,
and the applicant has not agreed to an extension or tolling of such
time limit, the application shall be deemed to be denied.
(2)
Any time periods specified in this chapter shall not be in effect
until the SEQRA process has been completed.
A.
This chapter shall be administered by the Building Inspector and
other inspectors, as defined by this chapter, as appointed by the
Town. Inspectors shall perform the following duties:
(1)
Keep records of applications for permits.
(2)
Keep record of all permits issued with a notation of all special
conditions involved.
(3)
File and safely keep copies of all plans submitted and the same shall
form a part of the records of their office and shall be available
for use of the Town Board and other officials.
(4)
Provide interpretations of this chapter's requirements to the public.
Whenever such interpretation is made in writing, a copy shall be filed
with the Building Inspector.
(5)
Investigate violations of this chapter.
A.
The Building Inspector is hereby empowered to cause any building,
other structure or tract of land to be inspected and examined and
to order in writing the remedying of any condition found to exist
therein or thereat, which is in violation of any provision of this
chapter. After any such order has been served, no work shall proceed
on any building, other structure or tract of land covered by such
order, except to comply with such order.
B.
The Town Attorney and Town Prosecutor (or any attorneys retained
for the purpose by the Town Board) are authorized to assist the Building
Inspector in obtaining any required warrants to obtain access to premises
for inspection.
A.
It shall be the duty of the Building Inspector, Town Engineer, Town
Attorney, Town Prosecutor and other officials designated by the Town
Board to enforce the regulations and restrictions provided by this
chapter. All such officials are hereby authorized to take all steps
necessary to enforce the provisions of this chapter, and any other
building or use code adopted by the Town, to the fullest extent authorized
by state and local law, including, but not limited to the issuance
of cease and desist orders, stop-work orders, the filing of complaints
and information with the Town Court and other courts, and the initiation
of any civil or criminal proceeding to enforce this chapter, including
injunction proceedings with the State Supreme Court.
A.
Any violation by a person, firm or corporation of any provision of
this chapter shall be deemed a violation punishable by a fine not
to exceed $5,000 or by imprisonment for a period not to exceed 15
days, or both.
B.
Any person who takes part in or assists in any violation of this
chapter shall also be subject to the penalties provided herein.
C.
Each week or a portion of a week that a violation of this chapter
is committed or permitted to exist shall constitute a separate offense.
D.
Appearance tickets: the Building Inspector, Ordinance Enforcement
Officer or other official authorized by the Town Board to enforce
the provisions of this chapter may issue appearance tickets, the purpose
being to enable him or her to bring an alleged violator into court
without the necessity of issuance of a summons by a local court.
E.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained or any building, structure or land
is used or any land is divided into lots, blocks or sites in violation
of this chapter, any official authorized by the Town Board, in addition
to any other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, use or division of land; to restrain, correct
or abate such violation; to prevent the occupancy of said building,
structure or land; or to prevent any illegal act, conduct, business
or use in or about such premises.
B.
An applicant may concurrently file applications for the approvals listed in Subsection A. Subdivision, site plans, concept plans and detailed plan approvals can be conditioned on receipt of required variances.
C.
Except for rezoning, which must be entertained by the Town Board
first, any application which must be reviewed by the Planning Board
prior to Town Board review shall be submitted directly to the Planning
Board; no specific referral from the Town Board is required.
A.
No application shall be reviewed until it is complete. Whichever
Board receives an application first, whether for purposes of review
only or approval, shall refuse to consider the application until complete.
B.
Timing of application review. When an application is returned to
an applicant as incomplete, the time lines for review or approval
in this chapter shall not commence until a complete application is
received. All applications must be received no later than 14 working
days prior to the meeting of the Board which will first review the
application. For any application which is received less than 14 working
days prior to said meeting, the application will be heard at the next
following regularly scheduled meeting, and all time lines within this
chapter for review, calling of public hearings and action upon the
application shall be deemed to commence on the date of said next following
regularly scheduled meeting.
A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings.
(1)
Words used in the present tense include the future, and the plural
includes the singular.
(2)
The word "and" indicates that all connected items, conditions, provisions
or events shall apply.
(3)
Any word "or" indicates that the connected items, conditions, provisions
or events shall apply singly or in any combination.
(4)
The term "either . . . or" indicates that the connected items, conditions,
provisions or events apply singly and not in any combination.
(5)
The word "district" includes the plural "districts."
(6)
The word "lot" includes "plot" or "parcel."
(7)
The word "building" includes the word "structure." Any reference
to building or structure also refers to any part of a building or
structure, temporary or permanent.
(8)
The word "shall" is intended to be mandatory.
(9)
The word "may" is intended to be permissive.
(10)
The words "occupied" or "used" shall be construed to include
the words "or intended, arranged or designed to be used or occupied,"
and the words "occupancy" or "use" shall be construed as similarly
qualified.
(11)
The word "person" includes "industrial," "firm," "partnership,"
"estate," "trust," "limited liability company," or "corporation."
A.
ACCESSORY USE OR STRUCTURE
ADULT USES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
AGRICULTURAL USE
ALTERATIONS
ALTERATIONS, STRUCTURAL
ANIMAL HOSPITAL
ATTACHED
AUTOMOTIVE SALES AND SERVICE ESTABLISHMENT
AUTOMOTIVE-RELATED USE
BAR or TAVERN
BED-AND-BREAKFAST ESTABLISHMENT
BUFFER ZONE
BUILDABLE LAND
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BUILDING
BUILDING CODE
BUILDING HEIGHT or STRUCTURE HEIGHT
BUILDING INSPECTOR
BUILDING MATERIAL YARDS
BUILDING, NONCONFORMING
BUILDING, PRINCIPAL
CAMPING GROUND
CAMPING TRAILER PARK
CELLAR
CEMETERY
CHANGE
CHILD-CARE CENTER
CLUB or LODGE
CLUSTER DEVELOPMENT
COMMERCIAL CAR WASH
COMMUNITY FACILITIES
COMPREHENSIVE PLAN
CONDOMINIUM
COVERAGE
CREMATORIUM
CULTURAL FACILITY
CUSTOM TRADE, PLUMBING, HEATING AND ELECTRICAL SHOP
DENSITY
DOCK
DOG KENNEL
DRIVE-THROUGH ESTABLISHMENT
DUPLEX HOUSE
DWELLING
DWELLING UNIT
ESSENTIAL PUBLIC SERVICES
FAMILY
FARM
FARM MARKET
FILLING STATION
FINANCIAL INSTITUTION
FUNERAL HOMES AND MORTUARIES
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE SERVICE STATION
HOTEL
HOUSE TRAILER
HOUSE TRAILER CAMP
HOUSE TRAILER LOT
JUNKYARD
KENNELS
LIGHT INDUSTRY
LOT
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
(6)
(7)
(8)
(9)
(10)
LOT, NONCONFORMING
MANUFACTURED HOME
MAXIMUM BUILDING COVERAGE
MEDICAL OFFICE OR CLINIC
MIXED-USE STRUCTURE
MODULAR HOMES
MOTEL
MOTOR HOME or RECREATION VEHICLE
MOTOR VEHICLE REPAIR SHOP
MOTOR VEHICLE SERVICE STATION
MULTIPLE DWELLINGS
NURSERY SCHOOL
NURSING HOME
OFFICES, BUSINESS OR PROFESSIONAL
OPEN AND UNDEVELOPED LAND
OPEN SPACE
PARK
PARKING SPACE
PATIO HOME
PLACE OF WORSHIP
PLANNED DEVELOPMENT
PLAT
PROFESSION, A MEMBER OF A LEARNED
PROFESSIONAL HOME OFFICE
RECREATION, COMMERCIAL
RESEARCH FACILITIES, LABORATORIES AND TESTING FACILITY
RESTAURANT
RIVERSIDE ACCESSORY USE OR STRUCTURE
RIVERSIDE LOT
ROADSIDE STANDS FOR THE SALE OF FARM PRODUCTS
SCHOOL
SHOPPING CENTERS
SINGLE-FAMILY ATTACHED RESIDENTIAL DWELLING UNIT
SHOPPING CENTER
(1)
(2)
(3)
STABLE, PRIVATE
STABLE, PUBLIC
STORY
STORY, HALF
STREET
STRUCTURE
SUSTAINED SLOPE
TOURIST HOME
TOWNHOUSE
USE
USE, NONCONFORMING
USE, PERMITTED
USE, PRINCIPAL
USE, SPECIAL PERMITTED
VEHICLE, COMMERCIAL
VETERINARY CLINIC
WAREHOUSING OF GOODS FOR DISTRIBUTION
WHOLESALE BUSINESS AND STORAGE
YARD
(1)
(2)
(3)
ZERO LOT LINE
As used in this chapter the following terms shall have the meanings
indicated:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building. Accessory structures are not
to be located in any required front yard and are restricted to 18
feet in height.
Whenever used in this chapter, the words "adult use" or "adult
uses" apply to the following types of establishments and similar uses:
ADULT BOOKSTOREAn establishment which has as a substantial or significant portion of its stock-in-trade, books, pamphlets, magazines and other periodicals, sculptures, photographs, pictures, slides, videotapes, films or sound recordings and which establishment excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private nightclub, bar, restaurant or similar establishment which presents topless or bottomless dancers, go-go dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment, and which establishment excludes any minor by reason of age.
ADULT MOTELA motel which excludes minors by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows and which excludes minors by reason of age.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade, videotapes or films for sale or viewing on premises by use of motion picture devices, video equipment or other coin-operated means and which establishment excludes any minor by reason of age.
PEEP SHOWA theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barber shops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs that have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.
BODY PAINTING STUDIOAn establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body and which excludes minors by reason of age.
ADULT MODEL STUDIOAny establishment, where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons other than the proprietor, paying such consideration or gratuity and which excludes any minor by reason of age. This provision shall not apply to any school of art which is operated by an individual firm, association, partnership, corporation or institution which meets the requirements established in the New York State Education Law for the issuance or conferring of and is in fact authorized to issue or confer a diploma.
ADULT NOVELTY STOREAny establishment having a substantial or significant portion of its sales or stock-in-trade consisting of toys, devices, clothing, "novelties," lotions and other items distinguished or characterized by their emphasis for specialized sexual activities or specified anatomical areas or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment' primary purpose is to purvey such material.
SPECIFIED SEXUAL ACTIVITIESFor the purpose of this chapter:
SPECIFIED ANATOMICAL AREASFor the purpose of this chapter:
The commercial cultivation of the soil for food products
or other useful or valuable growths of the field, garden or tillage,
and dairying or raising of livestock, fowl or other animals. It includes
necessary structures appurtenant to such use.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities; or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
The premises or buildings used for the diagnosis, treatment
or other care of the ailments of domesticated, household animals,
which may include related facilities such as laboratories, offices
and temporary quarters for such animals.
The relationship of any two or more buildings or structures
sharing a common wall or party wall, or joined by a covered porch,
loggia or passageway.
A building, portion of a building or land area used primarily
for the display and sale or lease of any new or used cars, trucks,
vans, motorcycles or other motor vehicles. This use may include outside
storage of inventory, repair shops as an accessory use.
A building, portion or a building or land area used primarily
for automotive sales, repair, storage or other use related to new
or used cars, trucks or other motor vehicles.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption, subject to regulatory
authority of the New York State Liquor Authority and consisting of
one or more of the following characteristics: age restrictions or
cover charges for admission; hours of operation which extend beyond
the normal dining times for dinner; and food sales ancillary to the
principal use of serving and consuming alcoholic beverages. The accessory
or incidental sale of food or snacks shall not entitle such a use
to be considered a restaurant.
A private, owner-occupied residential dwelling in which overnight
accommodations are provided or offered for tourists and transient
guests in exchange for compensation, with or without the inclusion
of one meal. This use is subordinate and incidental to the main residential
use of the dwelling.
Strip of land used to separate one land use from another
incompatible land use.
The area of a lot that is calculated by subtracting from
the gross area of the parcel the following:
State-regulated wetlands.
Federal-regulated wetlands.
FEMA-designated floodplains.
Land designated for public recreation.
Land required for roadways and public improvements.
For riverside lots, land in the Niagara River.
The area of soils that, based on bearing capacity, cannot be
built upon, unless remediated to the satisfaction of the Town Engineer.
Land with a sustained slope of greater than 15%. Land with a
sustained slope of 7% to 15% may be built upon demonstration to the
satisfaction of the Town Engineer that said construction will be safe
and in compliance with applicable codes.
A structure designed, used, or intended to be used as a shelter
of humans, animals or objects, permanently fixed to a site or hauled
to a site using an external source of propulsion. Mobile homes and
towers shall be buildings for purposes of this chapter.
The current codes applicable to New York State, as amended
from time to time, are hereby declared to be the Building Code of
the Town of Lewiston.
The vertical distance measured from the mean level of the
ground surrounding the building or structure to the highest point
of the roof, but not including chimneys, spires, towers, tanks and
similar projections.
Any Town employee or agents, including Building Inspector,
Fire Inspector, Zoning Inspector, or Plumbing Inspector, or their
deputies, designated by resolution of the Town Board to administer
and enforce the various building and use codes adopted by the Town.
A retail establishment selling lumber and other large building
materials, where some display, storage and/or sales occur outdoors.
Retail establishments where there is no outdoor lumberyard shall be
classified as general retail.
Any building or structure not permitted in the district in
which it is built. A legal nonconforming building or structure is
a building or structure that was legally authorized by the codes as
they existed at the time it was constructed.
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, any dwelling
shall be deemed to be a "principal building" on the lot on which the
same is located.
A parcel of land use or intended to be used, let or rented
for occupancy by campers, but not including trailers.
A parcel of land upon which two or more travel trailers or
camping vehicles are temporarily parked and occupied.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered a story for purposes of height measurement,
in determining the permissible number of stories.
A graveyard or burial ground for the internment of dead persons.
The term includes not only the lots for depositing the bodies of the
dead, but also the avenues, walks, grounds for shrubbery and ornamental
purposes and the structures appurtenant to such use.
In reference to a land use, means the replacement of an existing
use with a new use, or a change in the nature of an existing use.
A change of ownership, tenancy, name or management, or a change in
product of service within the same use classification where the previous
nature of the use, line of business, or other function is substantially
unchanged is not a change of use.
A place, person, association, corporation, institution or
agency licensed by the State of New York providing care for three
or more children for at least three hours, but less than 24 hours,
away from the children's homes. This does not include care provided
in an after-school program operated for the primary purpose of religious
education, day camps or facilities operated by the public school system.
Building or land used by membership organizations, including
business associations; civic, social and fraternal organizations;
labor unions and similar organizations; and used for the promotion
of the interests of the members and/or recreational or social purposes.
A planned development in which lots are plotted which have
less than the minimum lot size and setback requirements but which
have access to common open space that is part of the overall development
plan approved by the Town Board. Cluster developments may not have
more than the maximum density of dwelling units permitted by the zoning
district for the lot.
A commercial enterprise operated for profit and open to the
public for the purpose of cleaning, washing, waxing, vacuuming, polishing,
and/or detailing vehicles.
A Town hall, police stations, fire stations, library, schools,
playgrounds, Town parks, water and sewer plants and other Town facilities.
A plan as defined and adopted in accordance with § 272-a
of Town Law of the State of New York, and any amendments or master
plans attached thereto by resolution of the Town Board.
A building or group of buildings in which residential, business
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly or by all the owners on a proportional
basis.
That percentage of the plot or land area covered by the building
area.
A facility for the burning of corpses, human or animal, to
ashes either as a principal use or as an accessory use.
Public libraries, museums, art galleries and other similar
community institutions.
A facility that houses shops for plumbers, electricians,
carpenters, or similar trades, including accessory offices and showrooms
but excluding retail sales operations.
The number of individual residential units divided by the
buildable land available for residential units in a particular parcel
of land. Expressed as units per acre.
A structure built on or near the shoreline that provides
a stationary landing for (a) fishing or swimming, or (b) anchoring,
mooring, or storing vessels, but in residential districts, for not
more than three vessels. "Dock" includes a wharf, pier, float, floating
dock, island, or other similar structure. Not more than one dock and
boathouse or storage shed may be built on a lot, and boathouses and/or
storage sheds shall comply with all rules for accessory structures.
A place for the keeping of more than three dogs that are
more than six months old.
Retail facility where food, products or services may be purchased
by motorists without leaving their vehicles. These facilities include
fast-food restaurants, drive-through coffee shops, pharmacies, or
other retail stores.
A house consisting of two dwelling units.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, erected
on a permanent foundation.
A residential unit other than a mobile home, with one or
more rooms, including cooking facilities and sanitary facilities in
a dwelling structure, designed as a unit for occupancy by not more
than one family for living and sleeping purposes.
The erection, construction, alteration or maintenance by
public utilities, including telecommunications facilities of federally
licensed telecommunications companies, or Town or other governmental
agencies of underground or overhead gas, electrical, or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment, buildings and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or Town or other governmental
agencies or for the public health or safety or general welfare.
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
Any parcel of land containing at 10 acres which is used for
gain in the raising of agricultural products, livestock, poultry and
dairy products. It includes necessary farm structures within the prescribed
limits, and the storage of equipment used. It excludes the raising
of fur-bearing animals, riding academics, livery, or boarding stables
and dog kennels.
A permanent structure, either seasonal or year-round, where
agricultural producers retail their products and agriculture-related
items directly to consumers.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning or servicing such motor vehicles.
An establishment primarily occupied in providing state-regulated
financial business, such as banking, savings and loans, loans and
investments.
A building or part thereof used for human funeral services
and related uses, such as embalming, preparation for burial, the performance
of autopsies, the storage of caskets, funeral urns and other related
funeral supplies, and the storage of funeral vehicles, but shall not
include facilities for cremation.
A garage used for storage purposes only and having a capacity
of not more than three automobiles or not more than one automobile
per family housed in the building to which such a garage is necessary,
whichever is greater. Space therein may be used for not more than
two passenger vehicles of others than occupants of the building to
which such garage is accessory.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
Any area of land, including structures thereon, used for
the retail sale of gasoline, other motor vehicle fuel or other motor
vehicle accessories, and which may or may not include facilities for
lubricating, washing or otherwise servicing motor vehicles, but not
including the painting thereof or the storage of vehicles for any
purpose other than servicing with fuel, lubricants, antifreeze, tire
repair and other emergency repairs of a temporary nature.
A building or buildings containing sleeping rooms in which
lodging is provided primarily for transient guests for compensation,
and which may include public dining facilities.
Any vehicle used or maintained for use as a conveyance upon
highways or city streets, so designed and so constructed as to permit
occupancy thereof as a dwelling or sleeping place for one or more
persons, having no other foundation than wheels or jacks.
Any site, lot, field or tract of ground on which two or more
house trailers may be placed and shall include any building, structure,
tent, vehicle or enclosure used or intended to be used as a part of
the equipment of such camp.
A unit of level, adequately drained ground of definite size,
clearly indicated by corner markers for the placing of house trailer
or a house trailer and tow ear.
A place where junk, waste and discarded or salvaged materials
are bought, sold, exchanged, sorted, stored, baled, packed, disassembled,
handled or abandoned, but not including pawn shops, antique shops,
establishments for the sale, purchase or storage of used furniture,
household equipment, clothing, used motor vehicles capable of being
registered or machinery to be reused for the purpose for which originally
manufactured.
The premises of building used for the temporary boarding
for pay of domestic pets. Domestic pet breeding is permitted. Specifically
excluded are pets and animals that may be pets but are normally considered
wild.
Uses engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
or distribution of such products, provided all manufacturing activities
are contained entirely within a building and noise, odor, smoke, heat,
glare, and vibration resulting from the manufacturing activity are
confined entirely within the building. "Light industrial" shall not
include uses such as mining and extracting industries, petrochemical
industries, rubber refining, or related industries.
A parcel or piece of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage on a public street.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT, DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT, INTERIORA Lot other than a corner lot.
LOT LINESThe lines or series of connecting line segments bounding the lot.
For an interior lot, the lot line abutting the street;
For a corner lot, the lot line designated as the front lot line
by a subdivision or parcel map, or, if none, the shorter lot line
abutting a street;
For a through lot, the lot line abutting the street that provides
the primary access to the lot; and
For a flag lot, the lot line designated as the front lot line
by a subdivision or parcel map, or, if none, the line determined by
the Building Inspector to be the front lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINE, STREETA lot line separating the lot from a street.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTHThe distance between the two side lot lines measured at the road right-of-way.
Any lot which does not conform with the minimum width, depth
and area dimensions specified for the district in which said lot is
located, and the owner(s) of said lot do(es) not own any adjoining
property. A legal nonconforming lot is one which complied with the
requirements of the chapter at the time it was created, or has a nonconforming
use legally occurring upon it.
Homes built to the Federal Manufactured Home Construction
and Safety Standards. Manufactured housing may only be placed in Manufactured
Home Park Overlay Districts.
The maximum percentage of a lot to be covered by the combined
footprint of all buildings, structures, and uses.
An establishment for medical professionals or medical services
where the primary use is the delivery of health care services or testing
and where no overnight accommodations are provided.
A structure or building containing more than one category
of uses, such as residential, institutional, retail, and/or office
within the same complex or building.
Factory-built homes built to the state and local codes. Modules
are transported to the site and installed on foundations meeting state
and local standards.
See "hotel".
A vehicle or trailer designed for temporary dwelling or recreational
purposes, and includes travel trailers, pick-up campers, camping trailers,
motor coach homes, converted trucks and buses, boats, and boat trailers.
A building or place of business where automobile repair service
is rendered, and automotive supplies such as oil and greases, batteries,
tires and/or accessories are supplied and dispensed directly to the
public, at retail, but which does not include the sale of motor fuel.
A building or place of business where motor fuel, oil and
greases, batteries, tires and/or automobile accessories are supplied
and dispensed directly to the public, at retail, and where minor repair
service may be rendered. The definition includes any convenience or
other retail store selling motor fuel to the public.
A dwelling used or designed for use as a "multiple dwelling"
as defined in the New York State Multiple Residence Law.
See "child-care center."
A building or facility where persons are housed or lodged
and furnished with meals and nursing care for hire.
A building or portion of a building wherein business, clerical,
or professional activities are conducted, involving primarily administrative
services.
An unoccupied space not available to be sold as separate
parcels or available for future building lots and not to include roads,
vehicular access areas, rights-of-way or reservations for any purposes,
including drainage and residential or developed areas.
[Added 9-9-1991 by L.L.
No. 4-1991]
The area which will be preserved from improvements, and shall
include irreplaceable natural features, including but not limited
to streams, wetlands, floodplains, significant stands of trees, individual
trees of significant size, rock outcroppings, steep slopes, ravines,
historical structures, recreational resources, and unique viewsheds.
Roads are not part of open space but pedestrian paths and passive
recreation improvements may be built in open spaces.
Any public or private land used for active or passive uses,
which provides recreational uses, or cultural or aesthetic uses.
PARKING FACILITY
An area on a site for one or more off-street parking spaces,
together with driveways, maneuvering areas, and similar features,
but excluding commercial off-street parking lots and private garages.
An area designated for parking a motor vehicle, excluding
an area in a public right-of-way.
A one- or two-story dwelling that is one of a planned complex
of such, often contiguous dwellings that border on a patio or courtyard.
An institution that people regularly attend to participate
in or hold religious services, meetings or other activities normally
referred to as churches, synagogues, monasteries or temples. No structure
classified as a dwelling shall be considered a house of worship.
A project comprising two or more buildings designed to be
maintained and/or operated as a single unit in a single ownership
or control by an individual, partnership, corporation or cooperative
group, which has certain facilities in common, such as yards and open
spaces, recreation areas, garage and parking areas. A planned development
shall comprise a minimum of 20 acres.
A map, plan or layout of a section or subdivision of the
Town indicating the location and boundaries of individual properties.
A doctor of medicine, dentist, a member of the clergy, a
lawyer, architect or professional engineer.
The office of a doctor, lawyer, dentist, other medical professional,
insurance agent, accountant or similar professional located in his
or her personal residence, with a separate entrance for the office,
with no extra parking provided in the front yard, and no more than
one nonilluminated sign, not more than four square feet in total area.
An establishment, open to the public, which receives payment
in for the provision recreational activities or entertainment related
to leisure activities. Includes, but is not limited to, skating rinks,
miniature golf courses, bowling alleys, racquet clubs, and health
clubs. Such facility may also provide other support facilities such
as snack bar and limited retail sales of related sports, health or
fitness items.
An establishment where the primary use is the administration
and conduct of experimentation, testing or investigation aimed at
pure research and/or its practical application. Assembly or testing
of goods may be conducted, but mass production of manufactured products
is excluded.
A retail business selling food and beverages prepared on
the site, for on- or off-premises consumption. Establishments where
the sale of food is ancillary to the principal use of serving and
consuming alcoholic beverages shall be considered a bar or tavern,
not a restaurant.
An accessory use or structure located or occurring on a riverside
lot and unique to that location, such as boathouses, docks and piers.
A lot of which any portion borders the Niagara River. For purposes of setback and building coverage calculations, such lots will be deemed to end at the top of the bank of the river, or where a measurable bank is not present, at the normal highwater mark. Under no circumstances shall land under water be included in the lot for purposes of calculating setbacks or lot coverage requirements. Where a riverside lot is in common ownership with an adjoining lot separated by a right-of-way (even if covered by more than one deed), and the riverside lot is too small to permit construction of a principal use without a variance, both such lots shall be considered as "riverside lots" for purposes of this chapter, except for the application of the setback provisions of § 360-28.
A seasonal and temporary structure where sales of agricultural
products directly to consumers occur.
A facility, either public or private, that provides a curriculum
of elementary and/or secondary academic instruction, including Pre-K,
kindergartens, elementary schools, junior high schools and/or high
schools, but not including trade schools or colleges.
The division of a single structure or grouping of structures
(some of which may be in separate ownership) which constitute a convenient,
planned and harmonious shopping and entertainment place with shared
customer and employee parking areas.
An independent single-family dwelling unit with a common
or party wall between adjacent units and each having a private outside
entrance.
The division of a single structure or grouping of structures
(some of which may be in separate ownership) which constitute a convenient,
planned and harmonious shopping and entertainment place with shared
customer and employee parking areas.
LOCAL SHOPPING CENTERA shopping center with a gross leasable area of less than 100,000 square feet.
COMMUNITY SHOPPING CENTERA shopping center with a gross leasable area of more than 100,000 square feet but less than 400,000 square feet.
REGIONAL SHOPPING CENTERA shopping center with a gross leasable area of more than 400,000 square feet.
An accessory building in which horses are kept for private
use and not for hire, remuneration, or sale.
A building in which any horses are kept for remuneration,
hire or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it. A basement shall be counted as a story if more than
1/2 of its height, measured from floor to ceiling, is above the finish
grade of the ground adjoining the building.
A story under a gable, hip or gambrel roof to which access
is had by a stairway complying with the requirements of the building
code.
A public or private thoroughfare which affords the principal
means of access to abutting property.
Anything constructed, the use of which requires permanent
or temporary location on the ground or attachment to something having
permanent or temporary location on the ground, including stationary
and portable carports, docks, sheds, boathouses, towers, and structures
of a similar nature. Also including swimming pools both in-ground
and aboveground, decks, flag poles over 20 feet in height, and antennas.
Excludes patios, walkways and pavements at ground level.
A change in elevation where the referenced percent grade,
measured at two-foot contour intervals, is maintained or exceeded
throughout the measured area.
A dwelling in which overnight accommodations are provided
as offered for transient guests for compensation.
A building or dwelling designed for or occupied by no more
than one family and attached to other similar buildings or dwellings
by party walls extending from the foundation to the roof thereof and
providing direct access from the outside. A "townhouse" is individually
owned, with an owner receiving a deed enabling him/her to sell, mortgage
or exchange his/her dwelling unit independent of the owners of any
other dwelling unit attached thereto by party wall.
The conduct of an activity, or a performance of a function,
on a site or in a building or structure.
Any use not permitted in the district in which it is occurring.
A legal nonconforming use is a use that was legally authorized by
the chapter as it existed at the time the use commenced.
A use of property allowed by this chapter, after compliance
with all relevant provisions of this chapter.
The primary function of a site, building, or facility. Only
one principal use is allowed per lot.
A use which, because of its unique characteristics, requires
individual consideration in each case by the Town Board before it
may be permitted in the district enumerated in this chapter.
A vehicle or trailer with a carrying capacity of one ton
or greater and when driven or towed requires a Commercial Driver's
License (CDL) or endorsement to a license issued by the New York State
Department of Motor Vehicles.
See "animal hospital".
An establishment engaged in the storage and distribution
of merchandise, manufactured products, supplies or equipment.
An establishment that sells goods or merchandise in large
quantities for resale, or that sells primarily to institutional, commercial,
contractors or industrial users.
Any open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
YARD, FRONTAn open space which lies between the principal building or group of buildings and the front lot line or front setback line, unoccupied and unobstructed from the ground upward. In case of a corner lot or a through lot, the front yard requirements shall apply to yards fronting on any street.
YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except, on a riverside lot, for authorized docks and boathouses.
YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
A common line through the center line of a block wall separating
two dwelling units from the front to the rear of the property.
A.
Authorization. The Town Board, on its own motion, on petition, or
on recommendation of the Planning Board, may by amendment supplement,
repeal, or change the regulations and provisions of this chapter.
B.
Filing of petition. A petition to amend, change or supplement the
text of this chapter or any zoning district, as designated on the
Zoning Map, shall be filed with the Town Clerk on forms provided by
the Building Inspector, including such fees set by the Town Board,
and transmitted to the Town Board. Petitioner shall submit to the
Planning Board and Town Board a site plan showing the extent, location
and character of proposed structures and uses, and a completed environmental
assessment form. The Planning Board or Town Board may require that
the site plan be modified to meet municipal or public concerns. No
building permit or zoning permit shall be issued for any property
within the area described by said amendment, except in accordance
with the approved site plan, including any conditions and limitations
recommended by the Planning Board and/or imposed by the Town Board.
C.
Review by Planning Board. Any proposed change shall be submitted
to the Planning Board for report and recommendation prior to the Town
Board public hearing provided for below. If the Planning Board fails
to submit its recommendation report within 60 days, it shall be deemed
to have recommended approval of the proposed amendment or change.
The Planning Board may hold its own public hearing prior to making
its recommendation.
D.
Notice of public hearing. The Town Board shall hold a public hearing
for all proposed amendments. The public hearing shall be advertised
at least once in the official newspaper of the Town of Lewiston at
least 10 days before the hearing. The notice shall state the general
nature of the proposed amendment in such reasonable detail as will
give adequate notice of the subject of the hearing, and shall name
the place or places where copies of the proposed amendment may be
examined. At the public hearing, full opportunities to be heard shall
be given to any citizen and all parties in interest.
(1)
A written notice of any proposed change or amendment affecting property
within 500 feet of the boundary of any state park shall be given to
the regional state park commission having jurisdiction over such facilities
at least 10 days prior to the date of such public hearing.
(2)
The Town Board shall hold the public hearing on the rezoning application
within 62 days of the Planning Board's recommendation. Approval of
the rezoning shall be noted on the Zoning Map of the Town of Lewiston.
E.
Adoption over protest. The favorable vote of at least 3/4 of the
members of the Town Board shall be required before the passage of
an amendment which is protested by the owners of 20% or more of the
area of:
The Building Inspector or the recording secretary of the Planning
Board or Zoning Board of Appeals shall submit requests for review
to the County Planning Board, whenever such review is required by
state law (and in accordance with any agreement between the Town and
county). No Board shall approve any matter where the County Planning
Board has recommended disapproval, except by a 3/4 super-majority
vote, upon written findings by the Board why it was not following
the recommendation of the County Planning Board.
