Town of Lewiston, NY Article XI RB Rural Business District

§ 360-79 Intent.

The RB Rural Business District is intended to provide a low-intensity and low-impact commercial district that provides for the appropriate development of business uses while preserving the rural character and quality of life of the surrounding area. These regulations allow for residential uses and the establishment of small-scale, low-density commercial uses that complement the rural character of the community.

§ 360-80 Permitted uses.

The following is a list of uses that are permitted within the RB District. The maximum building footprint shall be 5,000 square feet for the uses listed in Subsections A(6) through (14).

A. Principal uses and structures.

(1) Agriculture.

(2) Farm markets.

(3) Single-family residential.

(4) Residential on upper floors of commercial.

(5) Places of worship.

(6) Funeral home (no mortuary or crematorium) and cemeteries.

(7) Private clubs, lodges and assembly halls.

(8) Personal service establishments, including but not limited to beauty salons, barbershops, and minor appliance/electronic repair.

(9) Antique shops.

(10) Professional and medical offices.

(11) Art, craft, music, or photography studios.

(12) Bakery and confectionery shops, including the manufacture of baked and confectionery goods primarily for on-site sale.

(13) Restaurants, with indoor (no drive-through facilities).

§ 360-81 Uses allowed by special use permit.

A. The following uses are permitted in accordance with the Town's special use permit requirement as specified in Article XXI of this chapter:

(1) Child-care centers and nursery schools.

(2) Small animal hospitals and veterinary clinics.

(3) Multifamily dwellings.

(4) Outdoor seating for restaurants.

(5) Other uses, not listed as permitted and not expressly prohibited that are compatible with the intent of the RB District.

B. For the purpose of considering additional uses that are not listed as permitted, nor prohibited, within the RB District, but that warrant consideration because the Town feels that such a use may comply with the intent of the RB District, the Town Board, following a public hearing, may issue a special use permit, subject to the provisions of § 360-132 of this chapter.

§ 360-82 Accessory uses and structures.

The following accessory uses and structures are allowed in the RB District:

A. Private garages, parking areas and storage buildings.

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

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

D. Uses and structures customarily incidental to permitted uses.

E. Farm stands for the sale and display of agricultural products, provided that the stand shall not exceed 150 square feet in floor area and 75% of the products sold have been produced on the premises or on other lands owned or leased by the applicant.

§ 360-83 Prohibited uses.

The following uses are specifically prohibited within the RB District.

A. Any use or structure with vehicle drive-through facilities.

B. Parking lots built to serve a use on another property.

C. Truck terminals, wholesale or retail distribution centers.

D. Tattoo or piercing parlor.

E. Self-storage facilities.

F. Outdoor storage.

G. Warehouses or wholesale centers.

H. Any industrial or manufacturing use.

I. Junk or salvage yard.

J. Adult entertainment.

§ 360-84 Lot areas provisions, residential lots.

The minimum lot dimensions for permitted uses and structures in the RB District shall be as follows.

A. Minimum lot dimensions.

(1) All residential lots shall have a minimum lot width of 100 feet as measured at the street right-of-way.

(2) All residential lots shall have a minimum lot depth of 300 feet.

(3) The minimum residential lot size shall be 25,000 square feet, or 30,000 square feet in areas with poor soils (soils do not pass perc test).

(4) There is no minimum size for commercial lots, provided that there is sufficient area to permit required setbacks, landscaping and other design and bulk standards.

B. Maximum lot coverage.

(1) All buildings, structures, and impervious surfaces (parking areas, driveways, other paved surfaces) contained on a lot shall have a maximum combined lot coverage of 70%.

(2) The minimum building footprint shall not exceed 5,000 square feet, with a total area of the structure not exceeding 6,000 square feet (for a two-story structure).

C. Each lot shall have front, side and rear yards of not less than the following depths and widths:

(1) Front yard depth: 40 feet.

(2) Each side yard width: 10 feet.

(3) Rear yard depth: 30 feet.

D. Where a lot abuts a residential use or district, the following setbacks shall apply:

(1) Front yard depth: 40 feet.

(2) Each side yard width: 20 feet.

(3) Rear yard depth: 50 feet.

§ 360-85 Maximum height limit.

The maximum height of structures shall be as follows:

A. All principal structures: 35 feet to the peak, not to exceed two stories.

B. All accessory building: 18 feet to the peak, not to exceed one story.

§ 360-86 Design standards.

In addition to the general standards outlined in this section, all development within the RB District, with the exception of single- and two-family residential and agricultural structures, shall conform to the Town's design guidelines, where applicable (copy to be obtained from the Town).

A. Architecture.

(1) General design.

(a) The applicant shall submit building plans and elevations showing how any proposed structure conforms to and enhances the character of the neighborhood and, if applicable, meets the specific requirements of any overlay district.

(b) Buildings that are designed around a corporate image or franchise design are discouraged.

(c) All rooftop HVAC units, communications equipment, or other rooftop equipment shall be screened from view at ground level by use of building and/or roof features compatible with the design of the building.

(d) In general, at least 35% of any side of a nonresidential building that faces the street shall consist of windows.

B. Site layout.

(1) For lots that are developed with a single building, the building shall be oriented towards, and have a front entrance facing, the street on which the building fronts. When a building fronts more than one street, the building should be oriented towards, and have a front entrance facing, the street on which adjacent buildings with similar uses front.

(2) Lots developed with multiple buildings or intended for multiple tenants shall be well planned to create interconnection and unity of the site and avoid the scattered, disconnect layout of buildings.

C. Parking, driveway, and loading areas. In addition to the regulations defined in § 360-200, Off-street parking, any parking and/or loading area within the RB District shall meet the following:

(1) Parking and loading areas shall not be located within the street right-of-way and where practicable, shall be setback from the street right-of-way a minimum of 10 feet.

(2) Parking and loading areas shall not encroach upon any required side or rear setback.

(3) Parking and loading areas shall be screened.

D. Landscaping/screening. Landscaping and the preservation of natural vegetation creates an attractive and harmonious community, relieves the stark, blighted appearance of paved surfaces, provides shade and improves the general appearance of the built environment. Discouraging the unnecessary clearing and disturbance of land, and encouraging the aesthetic improvement of site development through the use of trees and plantings and the preservation of natural areas, can result in the overall improvement of scenic quality and the stabilization and enhancement of property values and the business environment. Any permitted use developed within the RB District shall conform to the following:

(1) All storage, loading and service areas on properties adjacent to residential areas shall be screened with landscaping materials that provide a solid buffer to block views and, where considered necessary by the Planning Board, a six-foot stockade fence.

(2) The proposed use should be compatible with geologic, hydraulic, and soil conditions of the site and adjacent areas and the existing natural scenic features are preserved to the greatest possible extent.

(3) Proposed landscaping should reflect the character of the site and surrounding area.

(4) Existing natural vegetation and trees shall be preserved to the greatest extent practicable. Other landscaping treatments such as trees and shrubbery shall be located as directed by the Planning Board through site plan review to achieve the desired character and conformance with the surrounding properties.

(5) All existing trees larger than six inches in diameter, as measured three feet above grade, shall not be removed without prior Planning Board approval.

(6) Required yards shall consist of natural vegetation and undisturbed green space. If the Planning Board determines that the natural vegetation within the required yard does not provide a sufficient buffer, they may require additional screening by earthen berm, landscaping, masonry wall, fence, or other screening.

(7) A minimum of 10% of the area devoted to the parking of 10 vehicles or more shall consist of landscaping, subject to the approval of the Planning Board.

(8) All groups of trees and other natural vegetation shall be incorporated onto the landscaping plan where feasible. Efforts shall be made to preserve these features, particularly along rear lot lines.

(9) A minimum of one tree per 30 feet of frontage shall be planted in the required front yard setback area. Additional trees shall be planted throughout the developed area at a ratio of one tree per 30 feet of side yard and rear yard dimensions.

(10) Trees planted along the side and rear lot lines may be evenly spaced or clustered together to break up the monotony of the design.

(11) On all lots that do not have an existing vegetated buffer along the rear lot line, the applicant shall vegetate this area with new shrubs and trees, and natural berms or screen fencing at the discretion of the Planning Board.

(12) A minimum ground area of not less than 15% of the total lot area shall be landscaped.

(13) Trash containers, dumpsters, storage areas, and HVAC and mechanical equipment shall not be located within the required front yard, or the side or rear yard setback areas, and shall be screened from public view by fencing or continuous landscaping.

(14) All trees planted shall have a minimum caliper of 2.5 inches six inches above the ground.

(15) Plastic or other types of artificial plantings or vegetation shall not be permitted.

(16) Parking, loading and stacking areas and driveways located adjacent to residential districts shall be landscaped by screening and/or buffering. Such screening and/or buffering shall be so designed that a person standing on the adjacent residential parcel on the minimum setback line, five feet above the average finished grade, would not be able to perceive by eye any uses, activities or automobile lights originating from said parking, loading or staking areas or driveway. This standard may be met by using various techniques, such as fencing, plant materials, earthen berms or combinations thereof. Such techniques can be applied within the required side and rear yards.

(17) All landscaped areas required and/or permitted by this section shall be maintained and preserved according to the plan as originally approved or as amended by the Planning Board. Flora which dies shall be replaced within the next planting season by plantings of a similar nature.

E. Signage. Lending attention to signage and the visual appearance of signs protects and improves property values, creates a more attractive economic and business environment and reduces distractions and obstructions that can disrupt the visual appeal. The following provisions shall apply to signage in the RB District in order to create a more pleasant and uniform visual setting and eliminate chaotic and haphazard design, orientation and placement of signage to eliminate scenic blight. The following standards shall apply to the design and installation of signage in the RB District.

(1) Signage should be designed at a human scale and in relation to a walkable commercial business area.

(2) No freestanding sign shall be erected on any property with less than 50 feet of frontage.

(3) No sign shall be erected in such a manner as to obstruct free egress from a window, door or fire escape or so as to become a menace to life, health or property.

(4) No sign shall be erected in such manner as to prevent the driver of any vehicle from having a clear and unobstructed view of any official sign(s), any entrance or exit roadway, any intersection, or approaching or merging traffic.

(5) Proposed signage shall be considered in conjunction with existing signage in the vicinity to insure compatibility with existing conditions and adherence to the intent of this district.

(6) Each building shall be permitted a maximum of one building sign and one freestanding sign.

(7) Individual building signs shall not be larger than 48 square feet.

(8) In the case of multi-tenant buildings, each tenant shall be permitted one building sign, affixed to the portion of the building in which they lease, of no larger than 12 square feet that shall be counted towards the overall 48 square feet of building signage permitted for the building. Multi-tenant buildings are still restricted to one freestanding sign.

(9) Freestanding signs shall not exceed six feet in height.

(10) Freestanding signs are limited to no more than 30 square feet of signage per side (including foundation).

(11) Landscaping shall be utilized to enhance the appearance of freestanding signage.

(12) Any illuminated sign or lighting device shall employ only light of constant intensity.

(13) No sign shall be placed or be directed so as to permit the sign illumination to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause hardship or danger to any person or persons.

(14) No sign or part thereof shall contain or consist of any pennant, ribbon, streamer, balloons, spinner or other similar moving, fluttering, or revolving device. Such devices shall be prohibited even if they have no message or logo on them. The said devices, as well as strings of lights, shall not be used for advertising or attracting attention whether or not they are part of the sign.

(15) No sign or part thereof may rotate or move in any direction.

(16) LED (electronic message) signs are prohibited.

(17) Street address numbers shall be posted on all buildings.

(18) Awning and unlit canopy signs shall contain only the name, logo and street number of the enterprise.

(19) Walls signs shall not exceed more than 50 square feet in area or cover more than 20% of the wall.

(20) The appearance and placement of signage shall be subject to Planning Board discretion as part of the site plan review process.

(21) Signs must be placed no closer than 10 feet from the public right-of-way.

(22) Building signage shall not be placed on the roof or above the roof line of a building, and shall not extend beyond the building or obstruct windows or other architectural elements.

(23) Building signs shall be completely affixed to a building and shall not protrude from the building greater than six inches.

(24) Temporary signs, banners, or other promotional signage within an RB District shall not be permitted to exist on the site for longer than 14 days unless approved by the Planning Board.

F. Access management. The objective of access management is to reduce the number of conflict points and to ensure vehicular and pedestrian safety.

(1) Shared access and cross access of adjacent lots is encouraged, subject to Planning Board review, to reduce the number of curb cuts and provide access control.

(2) The location and number of access points are subject to the review and approval of the Planning Board, Town Engineer, and when appropriate, the Town Highway Superintendent.

(3) Access management should reference the NYSDOT Best Practices in Arterial Management.

G. Site lighting. It is the intent of these standards and provisions to prevent, reduce or eliminate the problems created by improperly designed and installed outdoor lighting. Specifically, glare, light trespass, excessive energy usage and financial burden are all negative effects of poor site lighting design standards. The purpose of careful site lighting approaches is to ensure that outdoor lighting does not interfere with the reasonable use and enjoyment of property. These regulations are also designed to increase safety for both pedestrian and vehicular traffic. The placement of lighting on the site shall be subject to review of the Planning Board to ensure site lighting is directed away from adjacent properties.

(1) Lighting design shall not create a nuisance to adjacent residences.

(a) All external lighting sources shall be designed and shielded to avoid hazardous interference and direct glare onto adjacent streets and properties.

(b) The lenses in pole and wall-mounted lighting shall be recessed to control the adverse impacts of light spill-out and glare.

(c) Parking area lighting fixtures shall not be illuminated after 11:00 p.m.

(d) Security lighting and other building lighting will be allowed to operate as long as it does not create a nuisance to adjacent residences. Building- mounted security lighting must be shielded and directed downward.

(2) Outdoor site lighting shall accent existing community character and styling.

(a) Pole-mounted lighting shall not exceed a total height of 15 feet from finished grade to the top of the fixture.

(b) A mixture of lamp types on the same site shall be avoided.

(c) To provide optimum color rendition, lamps are preferred in the following order: high-pressure sodium, metal halide, low-pressure sodium.

(3) Convenience stores and gas stations.

(a) Lighting fixtures or sources of light that are a part of the underside of the canopy should be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface.

(b) Lighting fixtures that feature a central light spill, limiting unwanted lighting outside of the commercial property, shall be used.

(c) The materials and color used on the underside of the canopy should not be highly reflective, with the intent of minimizing the amount and intensity of light that reaches beyond the site boundaries.

(d) Canopies should be designed to be in keeping with the character of the primary structure (use of similar facade materials, color, etc.)