Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
A. 
All accessory uses and structures shall observe the front yard requirements applicable to principal buildings in the district; no such uses or structures shall be placed in the minimum front yard.
B. 
No detached structure shall be located less than five feet from any lot line; however, if the same is located less than 100 feet from the street line, the provisions of this chapter as to side yards shall apply thereto.
C. 
All accessory uses and structures in residential districts shall observe a minimum five-foot rear yard setback. In all other districts, accessory uses and structures shall observe the rear yard setback for principal uses and structures in that district.
D. 
There shall be no more than two accessory buildings per lot allowed in any residential district, except for the RR District. In the RR District, this restriction only applies to lots less than five acres in size.
E. 
In residential districts and business districts, the height of accessory buildings and uses, as defined in this chapter, shall not exceed 18 feet. In industrial districts, accessory buildings and uses shall comply with height regulations for principal buildings.
F. 
No accessory use or structure or shall be allowed unless a principal use or structure already exists on the lot.
A. 
It has been acknowledged by communities across the nation that state and local governments have a special concern in regulating the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below.
B. 
The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town of Lewiston to deter the spread of blight and to protect minors from objectionable characteristics of these adult uses by restricting their proximity to houses of worship, schools, parks, historic and scenic resources, civic and cultural facilities and residential areas.
C. 
The operation of adult uses may have serious operational characteristics and damaging effects upon their surroundings as a result of their siting and concentration within the facilities. Special regulations pertaining to these uses are necessary to ensure adverse effects will not contribute to the blighting/downgrading of the surrounding neighborhood. These regulations will help ensure that adverse effects on the public health, safety, morals, comfort, convenience and general welfare are mitigated.
D. 
The development and proliferation of adult uses without regulation as to siting and concentration may result in the deterioration of residential and business neighborhoods. If placed near schools and other youth-related facilities, adult uses may adversely impact upon the welfare and morals of minors residing within the Town of Lewiston.
(1) 
Location of adult uses. The following provisions shall apply to the location of adult uses:
(a) 
Adult uses shall be permitted in the I-2 District on approval of a special use permit;
(b) 
No adult use shall be permitted within 1,000 feet of the following:
[1] 
The boundary line of a residential district;
[2] 
A school or nursery school;
[3] 
Religious institution or house of worship;
[4] 
A public or private park, playground or public recreation facility: this distance shall be 300 feet for recreational trails; and
[5] 
Historic or scenic resource, civic or cultural facility.
(c) 
For measurement purpose, the distance between an adult use and any such other named uses shall be measured in a straight line without regard to intervening structures or objects from the closest structural wall of such adult use to the boundary line of such residential district, school, nursery school, religious institution, house of worship, public park, playground or public recreational facility, historic or scenic resource, civic or cultural facility;
(d) 
Not more than one adult use shall be located in the same building or upon the same lot or parcel of land;
(e) 
No adult use shall be located within a one-thousand-foot radius of another adult use;
(f) 
All building openings, including doors and windows, shall be coated, covered or screened in such a manner as to prevent a view into the establishment from any public street, sidewalk or parking area;
(g) 
No loudspeakers or sound equipment shall be used by adult uses that can be heard by the public from outside the establishment; and
(h) 
As a condition of approval of any adult use, there shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises.
(2) 
Additional sign requirements. In addition to the sign requirements of this chapter, the following provisions shall apply to signs erected or maintained in connection with an "adult bookstore" or an "adult motion-picture theater:"
(a) 
No off-site signs shall be permitted;
(b) 
Advertisements, displays or promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semipublic, and such displays shall be considered signs;
(c) 
Not more than one business wall sign shall be permitted for an adult use and such sign shall be permitted only on the front facade;
(d) 
Sign messages shall be generic in nature, shall not contain advertising material and shall only identify the business that is being conducted; and
(e) 
Such sign shall be reviewed by the Town Board in conjunction with the special use application and shall conform to all signage requirements of this chapter.
(3) 
Restrictions cumulative. The restrictions set forth in this section are in addition to any other applicable provision of this section. In the event of any conflict between any such provisions, the more restrictive shall apply.
Horses, cattle, hogs, fur-bearing animals or fowl shall only be harbored on property that meets the farm definition. A five-acre minimum is required.
A. 
No person shall permit uncut grass, weeds, brush, rubble, abandonment of scrap metal, machinery or building materials on real property. Said property shall be made to conform with abutting properties.
B. 
Junk cars. Except for licensed junkyards, and excluding farm machinery on active farms, the open storage of unregistered motor vehicles shall be limited to one vehicle per property. Such storage shall be limited to the rear yard and shall be effectively screened from public view of any street. In the instance of a licensed repair garage, five cars under repair may be kept on the premises.
No commercial vehicle, as defined by the Town, may be stored or parked in a residential zone, other than in an enclosed structure or a carport, without approval from the Planning Board.
Within the triangle formed by two intersecting street line rights-of-way and line joining points on such street lines 30 feet from the intersection, no fence, wall, hedge, or dense foliage shall be erected, planted, or maintained so as to block the area between the heights of 2 1/2 feet and seven feet high.
A. 
The Town of Lewiston has long been a community representing a high type of suburban and rural living. It has been substantially free of slum areas. This chapter recognizes that the construction of substandard dwellings, dwellings providing inadequate living space or dwellings otherwise deficient in usual conveniences or the construction of any substantial number of dwellings of the same or substantially similar design leading to an appearance of tenements or row housing reduces the value of other buildings and property not only in the area in which such dwellings are erected but also in the areas adjoining and near the location of such dwellings. It is further recognized that the value of the dwellings of this type is likely to deteriorate rapidly with the result that such dwellings are likely to destroy the rural characteristics of the Town and become a slum area, thereby adversely affecting the health and general welfare of the residents of the Town, the preservation of the rural character of the Town, the conservation of the value of buildings and property in the Town and the encouragement of the more appropriate use of land throughout the township.
B. 
No building permit shall hereafter be issued for the construction in any use district of any dwelling identical with or substantially similar in design or outward appearance to any adjacent dwelling. For the purpose of this article, "adjacent dwelling" shall be defined as any dwelling within a radius of 500 feet measured from the center point of the lot for which application for a building permit is made.
C. 
No outbuilding shall be constructed which shall not be of a type and style substantially conforming to the dwelling on the land.
A. 
In all districts, no permanent structure shall be permitted within the setbacks from the ten-year flood stage edge of any stream or existing natural drainage channel, established on the Town Official Map, as such may be amended, except as authorized in writing by the Town Engineer.
A. 
Slope of yards. No building containing dwelling units shall be constructed or altered so as to contain dwelling units unless the surface grade of the front yard at the front wall of the building is either:
(1) 
A minimum of 24 inches above the top of curb, measured at the midpoint between the side lot lines, and/or in compliance with the filed grading plan for the subdivision; or
(2) 
Where a curb grade has not been established, not less than one foot above the center line of the street, measured at the midpoint between the side lot lines of the lot.
B. 
Where there is an unusual difficulty in meeting this standard, the Town Engineer may accept a substitute gradient, provided that no negative gradient is established within 15 feet of the front wall or within six feet of either side of the rear wall of the dwelling.
A. 
The Town Board may require fences, vegetation or other appropriate material in nonresidential districts where they abut residential districts to assure privacy for adjacent land uses with visual, noise or air quality considered. The following shall apply to all fences and walls within the Town:
(1) 
The height of all fences or walls shall be measured from the average finished grade of the lot;
(2) 
No fence or wall in a residential district shall exceed four feet in height for front yard and six feet in rear yard.
(3) 
A fence of 12 feet shall be allowed to enclose a tennis court.
(4) 
All solid fences shall be installed so that the better side shall face outward; and all bracing shall be on the inside of the fence.
(5) 
All outside storage which is required to be fenced under provisions of this chapter shall be surrounded by opaque fencing, including chain-link fencing with solid slats, except that where all or a portion of the fence is not visible from adjoining properties or public areas, the Town Board may, as part of the site plan approval, allow the use of non-opaque fencing for the visible areas.
(6) 
Notwithstanding any other provision of this section, fences shall comply with the corner visibility requirements of this article.
(7) 
Fencing may be limited as part of site plan review to comply with pedestrian access and open space requirements.
Wells or springs, after installation, shall be chlorinated according to the health authority's recommended procedure. Before water from any newly developed or reconstructed well is used for domestic consumption, it must be examined bacteriologically. Following disinfection, the well shall be pumped to waste for sufficient time to remove all traces of chlorine, then a sample must be collected in a sterile bottle and taken to an approved state health testing station for a report.
There shall be no more than one dwelling unit per lot.
There shall be no more than one principal use per lot. No accessory use shall be allowed on a lot unless a principal use is first legally conducted on said lot. No accessory structure shall be built on a lot prior to the construction of a legal principal structure.
A. 
For purposes of these regulations, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, recreational vehicles, pick-up campers (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like.
B. 
No more than two major recreational vehicles shall be parked or stored in any front yard, on any lot in any residential district, except in a carport or enclosed building, or in a rear or side yard. Such vehicles shall be the personal property of the occupant of the dwelling. In the event that access to an enclosure or side or rear yard is impossible, a special permit may be issued by the Zoning Board for other placement. In no instance may the equipment be placed within the highway right-of-way or in such a manner as to obstruct safe access to a highway from that property or adjoining properties.
The moving of any building from any place to a new site within any use district shall be deemed to be an erection or construction and as such shall be subject to all provisions of the Building Code and Zoning Chapter. Permits shall be granted only by the Zoning Board of Appeals, after public hearing. A surety bond in the amount of $5,000 shall be furnished by the applicant to indemnify and save harmless said Town of Lewiston from damages.
A. 
Virtually every land use in the Town requires access by motor vehicles. For the purposes of reducing and avoiding congestion of streets and providing a more suitable living and working environment, it is hereby declared to be the policy of the Town that, for every land use hereafter established, there shall be provided sufficient space for access to, and for the off-street standing and parking of, all motor vehicles that may be expected to come to the establishment at any time under normal conditions for any purpose, whether as patrons, customers, purveyors, guests, employees or otherwise.
B. 
In all districts, the minimum off-street parking requirements which are listed in a document entitled "Schedule I: Off Street Parking Requirements" (available in the Town Building office) shall be provided and maintained in the case of new construction, alterations which increase the number of required parking units and changes in use that require a site plan review, special use permit, rezoning or variance.
C. 
All parking spaces provided pursuant to this subsection shall be within 500 feet of the building.
D. 
The requirements of off-street parking space and off-street loading space set forth by the Town are minimum requirements, and shall apply in all districts, except otherwise indicated. Off-street parking, standing and loading space shall comply with the following regulations:
(1) 
Use and parking on same lot. Off-street parking and off-street loading space appurtenant to any use permitted in all districts shall be provided in the same parcel of land occupied by the use to which said space is appurtenant.
(2) 
Vehicle access to parking space. In calculating any required parking area other than for parking spaces required for single- and two-family dwellings, sufficient access and maneuvering space shall be provided to permit the parking and removal of any vehicle without moving other vehicles.
(3) 
Use of parking areas. No use shall be established on the designated parking areas except the parking of customer or employee vehicles.
E. 
Where any building or lot is occupied by two or more uses having different parking requirements, the parking requirement for each use shall be computed separately to determine the total off-street parking requirement.
F. 
The requirements for the design of parking spaces and lots will be determined by the Planning Board for those projects appearing before them and by the Code Enforcement Officer for all others. These requirements include paving materials (typically a durable, dust-free, hard material such as asphalt or concrete), curbing, curb cuts and their location and lighting.
G. 
For the purpose of computing parking space requirements on the basis of the number of occupants, practitioners or employees, the total maximum number of said occupants on the premises at any one time shall be used.
H. 
When application of the requirements would result in a fractional space, any fraction shall be counted as one space.
I. 
If there is any uncertainty with respect to the amount of parking space required by the provisions of this chapter as a result of any indefiniteness as to the proposed use of a building or of land, the maximum requirement for the general type of use that is involved shall govern.
J. 
Where applicable, the Planning Board shall work with the applicant to determine during site plan review, the number and location of off-street loading spaces that will be required for the project.
K. 
For uses having drive-through facilities, the Planning Board, depending on use, will determine the stacking requirements needed to be provided. In most cases, the stacking should not occur through the parking lot or block any required parking spaces, or interfere with other traffic flow on the site.
A. 
No driveway or haul road shall be hereafter constructed through or across any property to serve a use on other adjacent property or in an adjacent zoned district or any use other than a zoning permitted use within the district where it is constructed, unless proper plans are approved by the Town Board after a public hearing.
B. 
The following data shall be provided for consideration by the Town Board:
(1) 
A showing that use of driveway or haul road is compatible to zoning of property.
(2) 
A submission of drainage plans that are approved by the Town Engineer.
(3) 
A filing of a full environmental assessment form as per the State Environmental Quality Review Act which indicates that there is no conflict with any environmental laws.
(4) 
A submission of roadway, driveway and haul road specifications related to excavation, fill and base pavement approved by the Town Engineer.
Within subdivisions with nondedicated streets, all infrastructure (including but not limited to water, sewer, drainage, and roads) shall meet the standards for publicly dedicated infrastructure.
No more than one dwelling shall be erected upon any subdivision lot, and no lot shall be resubdivided or reduced in area to a size smaller than shown on subdivision map, except that subdivision lots may be resubdivided and residences may be erected on lot lines if the resubdivided lots shall in every instance meet all setbacks and frontage requirements, and have an equal or greater road frontage than the original lots as shown on such subdivision map.
The Building Inspector shall furnish to each applicant for a building permit a plan for sewage disposal which shall be followed.
A. 
Enclosed stands to be used exclusively for the sale or disposal of agricultural or garden products produced in or upon the property may be erected, used and maintained by the owner or bona fide lessee of said property, provided that a building permit and a certificate of occupancy must be obtained for the construction and occupancy thereof and provided that such stands shall be so located that no portion thereof shall be less than 30 feet from the paved portion of the highway and provided, further, that proper and adequate driveways for the use of automobiles shall be constructed in connection therewith from the street or highway to such stands with separate points of entrance and exit and that adequate areas for off-street parking shall be provided.
B. 
Temporary unenclosed stands to be used exclusively for the sale or disposal of agricultural or garden products produced in or upon the property may be erected, used and maintained by the owner or bona fide lessee of said property, provided that such stands shall be located a minimum of 12 feet from the paved portion of the highway and shall be conducted in an orderly, sightly and sanitary manner by the owner or lessee of said property, or his employees, without being subject to the restrictions or limitations herein before specified for enclosed stands.
Except in landfill overlay districts or mining/excavation overlay districts, or in conformity with an approved site plan, no person, firm, partnership, limited liability company or corporation shall strip, excavate or otherwise remove topsoil or subsoil, whether or not for sale.
No improvement on any plot or lot shall be made in such a way as to cause or permit surface water to overflow onto any public highway or abutting property in such manner as to interfere with the natural drainage of the land. A drain, ditch or swale shall be provided between abutting property of sufficient size to carry surface waters in the direction of natural drainage of the land.
A. 
"Permanent swimming pool" shall be defined so as to include any in-ground pool, or tank so constructed as to retain water to a depth greater than 24 inches, any aboveground pool made of wood or supported by a wooden, metal or alloy frame which retains water to a depth greater than 24 inches and any manner of combination of the above.
B. 
All permanent swimming pools are deemed structures, therefore necessitating the acquisition of a building permit before commencement of installation or erection and also necessitating conformity to all setback requirements of the particular districts wherein they are located.
C. 
Fencing requirements.
(1) 
All permanent swimming pools, unless otherwise provided for hereinafter, shall be totally enclosed with a good quality wooden, chain link wire or other equivalent fence of not less than four feet nor more than 10 feet in height. Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
(2) 
All permanent swimming pools wherein the water level and/or sidewalls are four feet or more above ground level shall not require the installation of a fence as required immediately above; however, if any such pool has a side deck with stairs, solitary stairs, a ladder attached to a slide or other recreational device, a solitary ladder or any other means of access to the water, such stairs, ladder or other means of access shall be installed so as to allow their removal when the pool is not in use, thereby preventing access to the pool. All such stairs, ladders or other means of access, after removal from the pool, shall be stored in a place preventing their unauthorized use by any child.
(3) 
All of the provisions of this chapter are applicable, except that an applicant to construct a fence around a swimming pool shall not have to furnish a signed statement by abutting property owners.
(4) 
Whenever a swimming pool is removed, the fence shall either be removed at the same time as the pool or be deemed to be a newly-constructed fence, and shall comply with fencing provisions of this chapter.
(5) 
Water supply.
(a) 
If the water for a permanent swimming pool is supplied by a private well, there shall be no cross-connection whatsoever with the public water system.
(b) 
If the water for a permanent swimming pool is supplied by the public water system, the inlet for the water from said public supply system shall be at least six inches above the overflow level of the pool.
(6) 
No exposed wires shall be nearer from the edge of the water than provided for in the National Electric Code, current edition. All pool lighting and heating systems shall be accomplished through the use of materials and methods of installation approved for such purposes, including the use of a ground-fault circuit interrupter.
(7) 
All permanent swimming pools shall be chemically treated in such a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools. All permanent swimming pools shall at all reasonable times be open to inspection by the Niagara County Health Department, or any other authorized municipal department, agency or individual, to ensure adherence to this and all other applicable laws.
A. 
A building or structure, or any part thereof, that may be or shall at any time hereafter become dangerous or unsafe shall, unless made safe and secure, be taken down and removed.
B. 
A building or structure damaged by fire, explosion or otherwise may, within three months, be reconstructed as it previously existed, and any building or other structure declared structurally unsafe may be restored to a safe condition, provided that if the damage or cost of reconstruction is in excess of 50% of the value of the building or structure, exclusive of foundations, such building, if reconstructed or restored, shall be made to conform to the requirements for new construction as to materials and form of construction, but no change of use or occupancy shall be compelled by reason on such reconstruction or restoration unless the use of the building or structure prior to the damage was a nonconforming use.
C. 
If the Building Inspector shall determine that any building or other structure shall be unsafe or dangerous to person or property, he shall serve or cause to be served a written notice upon the owners and occupants thereof of such of them whose identity and whereabouts can be determined, and if such person or persons shall within a reasonable time fail to comply with the requirements of the notice, the Town Board shall be advised of the facts in the case and shall have the power to take appropriate action to compel compliance, including demolition thereof, the cost of which shall be a lien on the property superior to any other lien and which shall be recovered in the same manner and at the same time as Town and county taxes.
D. 
Except so far as may be necessary for the safety of life or property, nothing in this chapter shall require the removal, alteration or abandonment of nor prevent the continuance of the use and occupancy of a lawfully existing building.
[Amended 2-6-1979 by L.L. No. 1-1979]
Waste disposal and recycling facilities and landfills shall be permitted only by a permit issued pursuant to the provisions of Chapter 293, Solid Waste, of the Town Code.
No street or thoroughfare hereafter laid out in the Town of Lewiston or any part thereof shall be of less than 66 feet.