Town of Lewiston, NY Article V R-1 Districts: One-Family Residence Districts

This district is the primary single-family residential district in the Town. The following regulations shall apply in all R-1 Districts:

§ 360-32 Uses permitted.

Permitted uses shall be as follows:

A. One-family detached dwellings.

B. Places of worship.

C. Parish houses or convents.

D. Community facilities, public parks, playgrounds and recreation areas.

E. Schools.

F. Colleges and universities.

G. Governmental buildings owned and operated by a federal, state, county or other municipal government, governmental agency or public utility.

§ 360-33 Uses permitted with a special use permit.

The following shall be permitted within R-1 Districts only after submission of a special use permit application in accordance with § 360-132 and approval is received from the Planning Board.

A. Private stables.

B. Zero-lot-line duplex units (common lot line), subject to Article XX, Site Plan Review, provided that the project entails a minimum of 10 acres.

C. Cluster development, subject to Article IX and Article XX of the Code of the Town of Lewiston.

§ 360-34 Accessory uses.

Accessory uses and buildings must be incidental to the principal use and can not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building. Allowable accessory uses and buildings are as follows:

A. Garages, parking areas and storage buildings.

B. Private swimming pools and other private recreational uses and structures.

C. Noncommercial greenhouses and garden sheds.

D. Fences, subject to § 360-194 of the Code of the Town of Lewiston.

E. Signs, subject to Article XXI of the Code of the Town of Lewiston.

§ 360-35 Building height limit.

No building in this district shall be erected to a height in excess of 35 feet.

§ 360-36 Required lot area where sewers are provided.

A. No lot shall have an area of less than 11,250 square feet, including each lot in a zero-lot-line duplex development.

B. No lot shall have a depth of less than 150 feet.

C. Where side lot lines are parallel, the width of the lot shall be not less than 75 feet.

D. When side lot lines are not parallel, the width of the lot shall be not less than 75 feet at the narrowest part of such lot between the front and rear lines of any dwelling to be erected thereon, measured parallel to the front line of such dwelling.

§ 360-37 Required lot area where septic systems are necessary.

A. No lot shall have an area of less than 20,000 square feet, or 30,000 square feet in areas with poor soils (soils do not pass perc test).

B. No lot shall have a depth of less than 150 feet.

C. Where side lines are parallel, the width of the lot shall not be less than 100 feet.

D. When side lot lines are not parallel, the width of the lot shall not be less than 100 feet at the narrowest part of such lot between the front and rear lines of any dwelling to be erected thereon, measured parallel to the front line of such dwelling.

§ 360-38 Yards required.

Each lot shall have front, side and rear yards not less than the depth or widths following:

A. Front yard depth.

(1) If there shall be a dwelling or dwellings erected on the same side of the street within 300 feet of either side line of a lot, the front yard depth of such lot shall be not less than the average depth of the front yards of all such dwellings within said distance. If there shall be no dwelling on the same side of the street within said distance, the required front yard depth shall be not less than the average depth of the front yards of any dwellings on the opposite side of the street within a distance of 300 feet of either side lot line, extended to the opposite side of said street.

(2) In the event there are no existing dwellings within 300 feet on either, side of the street, the front yard depth shall be not less than 35 feet. In no event shall a front yard depth of more than 100 feet be required.

B. Side yard width. Each side yard shall be a minimum of 15% of the width of the lot, provided no side yard shall be required to be more than 15 feet in width. If the side lot lines are not parallel, the side yards shall be a minimum of 15% of the width of the lot, measured at all points in the side wall of the structure.

C. Rear yard depth. The rear yard shall be a minimum of 15% of the depth of the lot.

§ 360-39 Size of dwellings.

A. Every dwelling shall have a minimum outside area of 1,000 square feet for one-story dwellings, 850 square feet for one-and-one-half-story dwellings and 600 square feet for two-story dwellings.

B. In determining square foot area, a built-in garage shall be included where, in the case of one-and-one-half and two-story dwellings, space is provided for a finished room or rooms over the garage.