This chapter shall be known and may be cited as the "Town of
Lyons Zoning Law."
The purpose of this chapter is to classify, regulate and restrict
the height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size, depth and width
of yards and other open spaces, the density of population, and the
location and use of buildings, structures and land for trade, industry,
residence or other purposes; to establish districts and the boundaries
thereof for said purposes; and to provide for the administration and
enforcement of this chapter so as to promote the public health, safety,
morals, and general welfare of the Town of Lyons.
For purposes of interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements necessary
for the promotion of the public health, safety, comfort, convenience
and general welfare.
The provisions of this chapter shall not be construed so as
to interfere with, supersede, or annul any law, ordinance, code or
regulation affecting the safety, construction or sanitation of any
building or structure, provided that whenever the requirements of
this chapter are at variance with the requirements of any other lawfully
adopted rules, regulations, laws or ordinances, the most restrictive,
or that imposing the higher standards, shall govern; nor shall the
provisions of this chapter annul or interfere with existing deed or
plat restrictions, easements or other agreements between persons,
or permits previously adopted or issued, except those sections thereof
which are contrary to and in conflict with this chapter.
If a court of competent jurisdiction should find any article,
section, subsection, paragraph, sentence, clause or provision of this
chapter invalid, in whole or in part, the effect of such decision
shall be limited to those articles, sections, subsections, paragraphs,
sentences, clauses or provisions which are expressly stated in the
decision to be invalid, and the remainder of this chapter shall be
and remain in full force and effect.
Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of this chapter.
Words used in the present tense include the future; the singular number
shall include the plural, and the plural the singular; the word "structure"
shall include the word "building"; the word "used" shall include "arranged,"
"designed," "constructed," "altered," "converted," "rented," "leased,"
or "intended to be used"; and the word "shall" is mandatory and not
optional.
As used in this chapter, the following terms shall have the
meanings indicated:
A supplemental building, the use of which is incidental to
that of the main or principal building and located on the same lot
therewith.
An accessory building used solely as the temporary dwelling
of guests of the occupants of the premises; such dwelling having no
kitchen facilities and not rented or otherwise used as a separate
dwelling unit.
A structure not greater than 3,000 square feet in floor area,
and not over two stories in height, the use of which is customarily
accessory to and incidental to that of the dwelling(s) and which is
located on the same lot.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films and viewing materials
for sale or viewing on the premises which are distinguished or characterized
by their emphasis on sexually explicit material, or an establishment
or business containing a segment or section devoted to the sale or
display of such material.
A family-type home for adults, a shelter for adults, a residence
for adults, an enriched housing program or adult home which provides
temporary or long-term residential care and services to adults who,
though not requiring continual medical or nursing care, are, by reason
of physical or other limitations associated with age, physical or
mental disabilities or other factors, unable or substantially unable
to live independently.
An enclosed or unenclosed building or structure or portion
of a building or structure used for presenting sexually explicit material
as a dominant theme or emphasis for observation by patrons therein.
Any establishment or business involved in the dissemination
of sexually explicit material as defined in this chapter, including
but not limited to adult bookstores and adult motion-picture theaters.
A customary farm occupation; farm service use; hog, pig,
poultry and fur-bearing animal farm; riding academy; livery stable;
farm-related use; farm labor housing; large-scale cattle or dairy
farm; or roadside stand.
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock or other horticultural products. This
structure shall not be a place of human habitation or a place of employment
where agricultural products are processed, treated or packaged, nor
shall it be a place used by the public.
A comprehensive farm management plan, developed by an agricultural
engineer, which details various methods and strategies to be used
in mitigating any adverse environmental impacts resulting from agricultural
activities, in accordance with generally accepted good farming practices.
A sign which advertises an agricultural activity.
Any customary nonresidential farm building, including barns,
storage sheds, milking parlors, animal pens, silos, grain bins, corn
cribs, silage bunkers, windmills, and similar structures when used
in conjunction with agricultural activities.
An area of land or structural surface that is used, or intended
for use, for the landing and taking off of aircraft with an overall
length greater than 39 feet and an overall exterior fuselage width
greater than 6.6 feet, and any appurtenant areas that are used or
intended for use for airport buildings and other airport facilities.
A change or rearrangement in the structural parts of an existing
building or structure, or an enlargement, whether by extending on
a side or by increasing in height, or by 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, including additions
thereto.
Buildings or portions thereof used to provide medical, surgical,
psychiatric, nursing or similar care on a less-than-twenty-four-hour
basis to persons who are not rendered incapable of self-preservation
by the services provided.
An establishment offering five or more amusement devices,
including, but not limited to, coin-operated electronic games, shooting
galleries, table games and similar recreational diversions within
an enclosed building.
Two or more detached multiple dwellings located on a parcel
of land in one ownership or cooperative ownership and having a yard
or court in common.
A detached accessory structure containing a private garage
on the first floor and a single dwelling unit on the first and/or
second floor.
Acceptable to the Code Enforcement Officer.
The space between the ceiling beams of the top story and
the roof rafters.
A finished area enclosed by the roof above, knee walls (if
applicable) on the sides, and floor, and having level ceilings at
least seven feet high, and at least six feet four inches under beams,
ducts and other obstructions. If a room has a sloped ceiling, at least
one-half of the finished floor area must have a ceiling height of
at least seven feet. Finished attics must be accessible by a conventional
stairway or other approved access.
A building system designed to detect the presence of heat,
smoke or flame; and which, upon such detection, relays an alarm to
the local fire department.
The sale or offering for sale of three or more vehicles on
any lot within any one-year period of time.
An open or enclosed area, other than a street, used for the
display, sale or rental of new or used motor vehicles in operable
condition.
That portion of property where flammable or combustible liquids
or gases used as motor fuels are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles.
An architectural projection that provides weather protection,
identity or decoration and is partially or wholly supported by the
building to which it is attached. An awning is comprised of a lightweight
frame structure over which a covering is attached.
The changing of use of an agricultural structure to residential
use.
A story of a building which is partly or wholly underground.
A dwelling, other than a hotel or motel, incidental to and
located within an owner-occupied single-family residence, which accommodates
no more than 10 transient lodgers, with meals provided or offered,
for compensation.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
Tiered seating supported on a dedicated structural system
and two or more rows high and not a building element.
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-family unit.
A house or shed for sheltering boats, usually but not necessarily
located on the shoreline of a water body.
An outdoor fire utilized for ceremonial purposes.
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
A line parallel to the front lot line, between which line
and the front lot line no building may be built.
The total horizontal area measured at the main grade level
of the principal building and all accessory structures, exclusive
of uncovered porches, terraces and steps. All dimensions shall be
measured between the exterior faces of walls.
The vertical distance measured from the ground surrounding
the building to the highest point of the roof, but not including chimneys,
spires, silos, towers, tanks, and similar projections.
A structure in which is conducted the principal use of the
site on which it is located. In any residential (R-A or R-1) district,
any dwelling shall be deemed to be a principal building on the zone
lot on which the same is located.
That portion of a property where flammable or combustible
liquids are received by tank vessel, pipelines, tank car or tank vehicle
and are stored or blended in bulk for the purpose of distributing
such liquids by tank vessel, pipeline, tank car, tank vehicle, portable
tank or container.
A building used or intended to be used as temporary shelter,
for recreational purposes such as hunting, fishing, camping or hiking,
but which does not include plumbing facilities.
Any one or more of the following, other than a hospital,
place of detention, or school offering general instruction:
TYPE 1Any area of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for recreational purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
TYPE 2Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments, whether or not conducted for profit and whether or not occupied by adults or children, either as individuals, families or groups.
Any parcel or tract of land under the control of any person,
organization, or governmental entity wherein two or more campsites
are offered for use by the public or members of an organization for
overnight stays.
Any portable temporary shelter or structure designed to protect
persons from the elements or to form an enclosure or screen, all or
a portion of the covering of which is made of fabric or other pliable
materials. This includes, but is not limited to, the following: camping
tents, play tents, recreational vehicle awnings, dining flies and
canopies, fabric screen houses, add-a-rooms, ice fishing tents, back-pack
tents, and camping tent trailers.
A structure or architectural projection of rigid construction
over which a covering is attached that provides weather protection,
identity or decoration, and may be structurally independent or supported
by attachment to a building on one end and by not less than one stanchion
on the outer end.
A statement signed by the Zoning Inspector setting forth
either that a building or structure complies with the provisions of
this chapter, or that a building, structure or parcel of land may
lawfully be employed for specified uses, or both.
A change in the use of a building or portion of a building.
A change of occupancy shall include a change of occupancy classification,
any change from one group to another group within an occupancy classification
or any change in use within a group for a specific occupancy classification.
A facility for processing apples or other fruits into juice
or cider, which may include retail sales to the general public.
Buildings or portions thereof used to provide medical care
on a less-than-twenty-four-hour basis to persons who are not rendered
incapable of self-preservation by the services provided.
See "Zoning Inspector."
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A regional center shall provide for the sale of general
merchandise, apparel, furniture, home furnishings, and other retail
sales and services, in full depth and variety.
A use or activity in which trees are cut down and cut into
logs for transport to a sawmill or other industry, for profit. This
definition shall not apply to the farming of Christmas trees and other
nursery uses, the seasonal sale of firewood, or the clearing of land
for agricultural purposes or as may be necessary to perform work authorized
by a building permit.
A motor vehicle used to transport passengers or property
where the motor vehicle has a gross vehicle weight rating of 10,000
pounds or more or is designed to transport 16 or more passengers,
including the driver.
A building having two or more tenants or occupants that is
used for the purpose of storage of personal property, when conducted
as a business.
An establishment where food is manufactured, stored, prepared,
portioned or packaged, or any combination of these, where such food
is intended for consumption at another establishment or place. It
is also the place which is used as the base of operations for one
or more mobile food service establishments or pushcarts, where such
unit or units are serviced, cleaned, supplied, maintained, and where
the equipment, utensils and facilities are serviced, cleaned and sanitized.
An area of land managed and maintained by a group of individuals
to grow and harvest food crops and/or non-food ornamental crops, such
as flowers, for personal or group use, consumption, sale, or donation.
Community gardens may be divided into separate plots for cultivation
by one or more individuals or may be farmed collectively by members
of the group and may include common areas maintained and used by group
members.
A humus-like organic material resulting from the biological
decomposition of solid waste.
Combining organic wastes (e.g., yard trimmings, food scraps,
manures) in proper ratios into piles or rows, or vessels; adding moisture
and bulking agents (i.e., wood chips) as necessary to accelerate the
breakdown of organic materials; and allowing the finished material
to fully stabilize and mature through a curing process.
A building or part thereof that contains sleeping units where
residents share bathroom or kitchen facilities, or both.
A permanent or temporary building or structure, stand, tent,
canopy, or membrane structure that is used primarily for the retail
display and sale of consumer fireworks to the public.
See "nursing home."
A change of occupancy or use of a building from a one-family
dwelling to a two-family dwelling or multiple dwelling.
A single-family dwelling used or intended to be used as a
seasonal residence only.
A single building enclosing a number of tenants and occupants
such as retail stores, drinking and dining establishments, entertainment
and amusement facilities, passenger transportation terminals, offices,
and other similar uses wherein two or more tenants have a main entrance
into one or more malls. Anchor buildings shall not be considered as
a part of the covered mall building. The term "covered mall building"
shall include open mall buildings as defined below.
ANCHOR BUILDINGAn exterior perimeter building, of an occupancy other than High-Hazard Group H, having direct access to a covered or open mall building but having required means of egress independent of the mall.
FOOD COURTA public seating area located in the mall that serves adjacent food preparation tenant spaces.
MALLA roofed or covered common pedestrian area within a covered mall building that serves as access for two or more tenants and not to exceed three levels that are open to each other. The term "mall" shall include open malls as defined below.
OPEN MALLAn unroofed common pedestrian way serving a number of tenants, not exceeding three levels.
OPEN MALL BUILDINGSeveral structures housing a number of tenants, such as retail stores, drinking and dining establishments, entertainment and amusement facilities, offices and other similar uses, wherein two or more tenants have a main entrance into one or more open malls. Anchor buildings are not considered as a part of the open mall building.
A principal or accessory use for the purpose of producing
agricultural, horticultural, floricultural, vegetable and fruit products
of the soil, livestock, dairy products, nuts, honey, wool and hides,
but shall not include riding academies, livery stables, kennels, sawmills,
commercial logging operations or hog, pig, poultry and fur-bearing
animal farms as defined herein. A garden accessory to a residential
use shall not be deemed a farm or farm use.
Any building, structure or portion thereof that meets any
of the conditions described below shall be deemed dangerous:
The building or structure has collapsed, has partially collapsed,
has moved off its foundation or lacks the necessary support of the
ground.
There exists a significant risk of collapse, detachment or dislodgment
of any portion, member, appurtenance or ornamentation of the building
or structure under service loads.
The keeping for part-time care and/or instruction, whether
or not for compensation, of six or fewer children at any one time
within a dwelling, not including members of the family residing on
the premises.
An activity providing for the care and supervision of minors
away from their own homes as a daily program, such as day nursery,
preschool program or day-care center.
A separate single-story building, without a basement or crawl
space, used for the storage or use of hazardous materials and located
an approved distance from all structures.
A space in a building where group sleeping accommodations
are provided in one room, or in a series of closely associated rooms,
for persons not members of the same family group, under joint occupancy
and single management.
An establishment where a patron is provided with products
or services without departing the vehicle. Also includes facilities
that are labeled "drive-thru," "drive-in," and "drive-up." Drive-through
facilities may serve the primary use of the site or may serve accessory
uses. Examples are drive-up windows; menu boards; order boards or
boxes; gas pump islands; car wash facilities; auto service facilities,
such as air compressor, water, and windshield washing stations; quick-lube
or quick-oil change facilities; and drive-in theaters.
A private access road, the use of which is limited to persons
residing, employed, or otherwise using or visiting the parcel in which
it is located.
A facility in which dry cleaning (i.e., cleaning by solvents)
and associated operations are conducted, including the office, receiving
area, and storage rooms.
A lot of land or part thereof used primarily for the disposal,
abandonment, dumping, burial, burning, or by any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons.
A single unit, providing complete and independent living
facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation.
A building containing three or more dwelling units.
A building that consists solely of one dwelling unit.
A building that consists solely of two dwelling units.
A dwelling unit located on the second floor or higher of
a building with nonresidential uses located on the street level.
An unoccupied, elevated platform used exclusively for mechanical
systems or industrial process equipment, including the associated
elevated walkways, stairways, alternating-tread devices and ladders
necessary to access the platform.
A lot of land or part thereof used for the purpose of extracting
stone, sand, gravel, or other mineral substance, or topsoil for sale,
as an industrial operation, and exclusive of the process of excavating
or grading a lot or lots preparatory to the construction of a building.
One or more persons occupying a dwelling and living as a
single housekeeping unit, as distinguished from a group occupying
a rooming house, motel, hotel, club or fraternity.
A tract of land, including all of the structures thereon,
which is devoted to an agricultural activity. This definition shall
include all contiguous farmland, whether owned, rented or leased as
part of an independently operated agricultural activity.
Any carcasses or less-than-skeletal remains of dead farm
animals.
Animals raised or maintained for their product or labor,
or for show, including but not necessarily limited to dairy cows,
beef cattle, poultry, sheep, horses, goats, mules, hogs, pigs, or
other livestock.
Any building located on a farm.
Any farm truck, tractor, plow, combine, harvester, sprayer,
wagon, planter, rake, conveyor, harrow, thresher, or similar agricultural
implement, whether or not self-propelled.
The use of any dwelling(s), located on a farm, for sheltering
persons employed on such farm. This definition shall not necessarily
include a migrant labor camp.
An indoor or outdoor display for sales purposes of farm produce,
homemade baked or canned goods, or crafts, exceeding 500 square feet
in area.
A cider mill; portable sawmill; U-pick; winery; farm market;
petting zoo; hay ride; cornfield maze; agricultural museum or exposition;
Christmas tree farm; nursery or greenhouse; or maple syrup processing.
Any milk processing plant; feed storage or supply facility;
agricultural laboratory; farm equipment or machinery sales or service;
storage or processing facility for fruits, vegetables or other agricultural
products; fertilizer or farm pesticides storage or supply facility;
farmers' cooperative; grange hall; fruit ripening facility; or grain
elevator.
The principal residential structure on a farm.
That portion of a commercial, industrial, governmental or
manufacturing property where liquids or gases used as fuels are stored
and dispensed into the fuel tanks of motor vehicles that are used
in connection with such businesses, by persons within the employ of
such businesses.
The sum of the gross horizontal area of the several floors
of a building, excluding cellar and basement, attic storage, garage
and breezeway.
A place where food is prepared and intended for individual
portion service and includes the site at which the individual portions
are provided, whether consumption occurs on or off the premises. The
term excludes food processing establishments, retail food stores without
commercial kitchens, private homes where food is prepared or served
for family consumption, and food service operations where a distinct
group mutually provides, prepares, serves and consumes the food, such
as a "covered-dish supper" limited to a congregation, club or fraternal
organization.
A detached or attached accessory building or enclosed space
used for the storage of private passenger vehicles, owned or rented.
Any garage, other than a private garage, which is used for
the storage, repair, rental, servicing or supplying of fuel or oil
to motor vehicles.
Tiered seating supported on a dedicated structural system
and two or more rows high and not a building element (see "bleachers").
A facility for social rehabilitation, substance abuse or
mental health problems that contains a group housing arrangement that
provides custodial care but does not provide medical care.
A room used or intended to be used by one or more guests
for living and sleeping purposes.
Those chemicals or substances which are physical hazards
or health hazards as defined and classified in the Uniform Code, whether
the materials are in usable or waste condition.
An area of land or water or a structural surface that is
used, or intended to be used, for the landing and taking off of helicopters,
and any appurtenant areas that are used, or intended for use, for
heliport buildings and other heliport facilities.
An area for accommodating helicopters in support of emergency
public safety agency operations, but that is not permitted or licensed
as a heliport or helistop, and which is not used as a heliport for
any other purpose.
The same as "heliport," except that fueling, defueling, maintenance,
repair or storage of helicopters is not permitted.
The storage of combustible materials in closely packed piles
or combustible materials on pallets, in racks or on shelves where
the top of storage is greater than 12 feet in height.
A building with an occupied floor located more than 75 feet
above the lowest level of Fire Department vehicle access. This term
shall include any building exceeding five stories or 50 feet in height.
Buildings that are listed in or eligible for listing in the
National Register of Historic Places, or designated as historic under
an appropriate state or local law.
A farm used for the raising of hogs, pigs, poultry or fur-bearing
animals.
A garden located at or adjacent to a residence, and in which
food and ornamental plants are grown solely for personal use.
Any occupation customarily conducted within a dwelling used
for living purposes. The home occupation must be incidental and secondary
to the use of the dwelling for residential purposes. Home occupations
shall not include, among others, the following: medical and dental
clinics, restaurants or on-premises consumption food services, kennels
or animal hospitals.
A one- or two-family dwelling operated for the purpose of
providing care to more than two but not more than eight hospice patients.
Facilities that provide care or treatment for the medical,
psychiatric, obstetrical, or surgical treatment of inpatient care
recipients that are incapable of self-preservation.
A dwelling containing sleeping rooms for 15 or more persons,
which rooms are available to the public for less than a week at a
time for compensation, with no cooking or dining facilities except
a general kitchen and public dining room.
Dogs, cats, rabbits, birds, etc. for family use only (noncommercial),
with cages, pens, etc.
A furnace, machine, apparatus or container that is used for
burning trash, garbage, rubbish or other waste material.
Includes factories that manufacture products of all kinds
and properties devoted to operations such as processing, assembling,
mixing, packaging, finishing or decorating, and repairing.
A tract of land developed according to a master site plan
for the use of a family of industries and their related commercial
uses, and that is of sufficient size and physical improvement to protect
surrounding areas and the general community and to ensure a harmonious
integration into the neighborhood.
A building regularly occupied in whole or in part as a habitation
for people, or any place of religious worship, schoolhouse, railroad
station, store or other structure where people are accustomed to assemble.
Materials, including scrap metals and their alloys, bones,
used items and products such as rags and cloth, rubber, rope, tinfoil,
bottles, old tools and machinery, automobiles, fixtures and appliances,
lumber, boxes or crates, pipe and pipe fittings, and other manufactured
goods that are so worn, deteriorated or obsolete as to make them unusable
in their existing condition.
An area of land, with or without buildings, primarily used
for the storage, outside of a completely enclosed building, of junk
or used and discarded material, including but not limited to wastepaper,
rags, metal, building materials, house furnishings, machinery, vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
of two or more unlicensed or unregistered or uninspected or inoperable
or wrecked or broken motor vehicles, or the major parts of two or
more such vehicles, shall be deemed to make the lot a junkyard.
A structure to accommodate the commercial boarding, sale
or care of dogs, cats and other domestic animals or the harboring
of more than four such animals.
Ground set aside for the takeoff and landing of aircraft,
without normal airport facilities.
The finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements such as
grass, trees, shrubs and flowers. This treatment shall be permitted
also to include the use of logs, rocks, fountains, water features
and contouring of the earth.
An agricultural structure exceeding 20,000 square feet in
area in floor area.
A tract of land not less than five acres in area for nonresidential
development, and which is planned for development as units under single
ownership and control and which includes two or more nonresidential
principal buildings.
A farm upon which 300 or more cattle or dairy cows are harbored.
A tract of land not less than 10 acres in area for nonresidential
development, and which is planned for development as units under single
ownership and control and which includes two or more nonresidential
principal buildings.
A toilet, usually of the non-flushing type, that is not connected
to an approved sanitary sewer or septic system.
A building classified as a High-Hazard Group H occupancy
used for the storage of flammable or combustible liquids.
A one-family dwelling where one or more occupants are primarily
permanent in nature and rent is paid for guest rooms.
A piece or parcel 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.
The computed area contained within the lot lines of a lot.
That percentage of the lot or land covered by the building
area.
The mean horizontal distance between the front and rear lot
lines.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line.
The property lines bounding a lot.
The distance between the two side lot lines measured at the
front building line.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an angle of less than 135°. The point of intersection
of the street is the "corner."
A lot located between and having frontage upon two parallel
or approximately parallel streets.
A facility where the primary function is to store liquefied
petroleum gas prior to further distribution. LP gas is received by
cargo tank vehicle, railroad tank car, or pipeline, and then distributed
by portable container delivery, by cargo tank vehicle, or through
gas piping.
Fixed equipment where liquefied petroleum gas is stored and
dispensed into portable containers.
A building, structure or container, other than an operating
building, used for storage of explosive materials.
An agricultural structure exceeding 2,000 square feet in
floor area but not exceeding 20,000 square feet in floor area.
A structure, transportable in one or more sections, that,
in the traveling mode, is eight feet or more in width or 40 feet or
more length or, when erected on site, is 320 square feet minimum,
and that was built on or after June 15, 1976, on a permanent chassis
and designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein. The term "manufactured home" shall also include any structure
that meets all of the requirements and with respect to which the manufacturer
voluntarily files a certification required by the Federal Department
of Housing and Urban Development and complies with the standards established
under the National Manufactured Housing Construction and Safety Act
of 1974, as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle.
A parcel (or continuous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A facility that stores and services boats in berths, on moorings,
or in dry storage. Such storage and services may include berthing
of boats, fueling, sanitary sewage pumpout, seasonal or short-term
boat storage, seasonal boat painting, boat engine maintenance, repairing,
hauling from water and launching of boats.
A facility comprising one or more berths, slips, piers, wharves,
loading and unloading areas, warehouses, and storage yards used for
transfer of people and/or cargo between waterborne carriers and land.
That portion of property where flammable or combustible liquids
or gases used as fuel for watercraft are stored and dispensed from
fixed equipment on shore, piers, wharves, floats or barges into the
fuel tanks of watercraft and shall include all facilities used in
connection therewith.
A canopy that has a top surface which is sloped less than
25° from the horizontal and is located less than 10 feet from
operable openings above or adjacent to the level of the marquee.
An intermediate level or levels between the floor and ceiling
of any story, not greater than one-third of the floor area of the
story below.
A tract of land and all vehicles, mobile homes, buildings
or other structures pertaining thereto, any part of which may be used
or occupied by persons employed as laborers in farm activities, including
sleeping facilities, provided in whole or in part by the employer
of such persons, the owner, lessee, or operator thereof, with or without
a stipulated agreement as to the duration of their stay, whether or
not they are supplied with meals, but who are supplied with such services
or facilities as are necessary for their use of such property.
An agricultural structure not exceeding 2,000 square feet
in floor area.
A self-contained food service operation, located in a vehicle
or a movable stand, self- or otherwise propelled, used to store, prepare,
display or serve food intended for individual portion service.
A structure, transportable in one or more sections, which,
in the travelling mode, is eight body feet or more wide and 40 or
more body feet in length, or, when erected on site, is 320 or more
square feet, and which is built on a permanent chassis and designed
to be used as a dwelling, with or without a permanent foundation,
when connected to the required utilities, and includes the plumbing,
heating, air-conditioning and electrical systems contained therein,
and bearing a seal issued by the Federal Department of Housing and
Urban Development.
A tract of land where two or more mobile homes are placed
for nontransient use and developed in accordance with the provisions
of this chapter.
A factory-built structure intended for use as a dwelling
when placed upon a permanent foundation, which is transported onto
site in one or more sections, and certified as being constructed in
accordance with the New York State Uniform Fire Prevention and Building
Code.
An establishment in which the dead are prepared for burial
or cremation. The facility shall be permitted to include a chapel
for the conduct of funeral services and spaces for funeral services
and informal gatherings, and/or display of funeral equipment.
A series of attached, semidetached or detached dwelling units,
one or more stories in height, containing a bedroom, bathroom and
closet space, but excluding cooking facilities, which are devoted
to the use of automobile transients.
A building or place of business in which motor vehicles are
repaired, serviced, rebuilt or reconditioned, with or without the
sale of automotive parts and accessories, at retail, and exclusive
of the dispensing of gasoline or other automotive fuels. Any use commonly
referred to as a "collision," "body," "engine rebuilding," "transmission"
or "auto paint shop" shall be deemed a "motor vehicle repair shop."
A building or place of business in which motor vehicles are
repaired, serviced or cleaned, with or without the sale of automotive
parts and accessories at retail, and which may include the dispensing
of gasoline or other automotive fuels. Any use commonly referred to
as a "gas station," "car wash," muffler, brake, tire, or oil and lube
station shall be deemed a "motor vehicle service station."
A mobile home that is made up of two or more transportable
sections.
A work of decorative art applied on or attached to an exterior
wall or fence within public view that does not include graphics or
text that can be interpreted as commercial advertising. Embellishments
to or decoration of architectural elements is not considered a mural.
Notwithstanding the above definition, a mural may contain bona fide
historic recreations of vintage advertising.
Any use of a building or portion thereof where the subject
space is classified in Assembly Group A; and where at least 20% of
the subject assembly space is for concentrated occupancy, with or
without fixed seating, where the net assembly floor area per person
is seven square feet or less; and live or recorded entertainment,
including but not limited to vocalists, bands, musical reviews, comedy
acts, dance music and similar entertainment, is normally provided.
Entertainment shall not be deemed to include jukeboxes, background
music or similar uses of live or recorded music. This definition shall
not apply to places of religious worship as defined herein.
A use of a building or land, existing at the time that this
chapter is enacted or amended, which does not conform with the requirements
herein for the district in which it is located.
A facility providing therein nursing care to sick, invalid,
infirm, disabled or convalescent persons in addition to lodging and
board or health-related service, or any combination of the foregoing.
For purposes of this chapter, certain occupancies are defined
as follows:
ASSEMBLY GROUP AThe use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation. Exception: small buildings and spaces. A building or tenant space used for assembly purposes with an occupant load of fewer than 50 persons shall be classified a Business Group B occupancy.
BUSINESS GROUP BThe use of a building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of records and accounts. Business occupancies may include, but not be limited to, banks, barber and beauty shops, civic administration, educational occupancies for students above the 12th grade not otherwise classified, electronic data processing, testing and research laboratories, post offices, print shops, professional services (architects, accountants, attorneys, dentists, physicians, engineers, etc.), radio and television stations, telephone exchanges, and training or skill development not in a school or academic program (such as but not limited to tutoring centers, martial arts studios, gymnastics and similar uses not otherwise classified).
EDUCATIONAL GROUP EThe use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade.
FACTORY INDUSTRIAL GROUP FThe use of a building or structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as High-Hazard Group H or Storage Group S occupancy.
HIGH-HAZARD GROUP HThe use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of hazardous materials in quantities in excess of those allowed in control areas in accordance with the Uniform Code.
INSTITUTIONAL GROUP IThe use of a building or structure, or a portion thereof, not otherwise classified, in which care or supervision is provided to persons who are or are not capable of self-preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Exception: Care facilities for five of fewer persons receiving care that are within a one-family dwelling shall not be deemed an Institutional Group I occupancy.
MERCANTILE GROUP MThe use of a building or structure, or a portion thereof, for the display and sale of merchandise, and involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public. Mercantile occupies shall be subclassified as follows:
CLASS AAll mercantile occupancies having an aggregate gross area of more than 30,000 square feet or occupying more than three stories for sales purposes.
All mercantile occupancies of more than 3,000 square feet, but
not more than 30,000 square feet, aggregate gross area and occupying
not more than three stories for sales purposes; or
All mercantile occupancies of not more than 3,000 square feet
gross area and occupying two or three stories for sales purposes.
CLASS CAll mercantile occupancies of not more than 3,000 square feet gross area and used for sales purposes occupying one story only.
MIXED OCCUPANCYA building or structure in which two or more classes of occupancy exist.
RESIDENTIAL GROUP RThe use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I occupancy. Residential occupancies shall be subclassified as follows:
RESIDENTIAL GROUP R-1Occupancies containing sleeping units where the occupants are primarily transient in nature, including but not limited to boardinghouses, hotels and motels for the traveling public.
RESIDENTIAL GROUP R-2Occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including but not limited to apartment houses and nontransient boardinghouses.
RESIDENTIAL GROUP R-3Occupancies where the occupants are primarily permanent in nature and not otherwise classified, which do not contain more than two dwelling units.
Care facilities within a dwelling. Care facilities for five
of fewer persons receiving care that are within a one-family dwelling
shall be deemed R-3 occupancies.
RESIDENTIAL GROUP R-4Buildings, structures, or portions thereof for more than five persons but not more than 16 persons, excluding staff, who reside on a twenty-four-hour basis in a supervised residential environment and receive custodial care. This occupancy shall include assisted-living facilities, group homes, rehabilitation centers, etc.
STORAGE GROUP SThe use of a building or structure, or portion thereof, for storage that is not classified as a hazardous occupancy.
MISCELLANEOUS GROUP UBuildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy, such as, but not limited to, agricultural buildings, residential aircraft hangars, barns, carports, fences, grain silos (accessory to a residential occupancy), greenhouses, private garages, sheds, tanks, and towers.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
road flares, smudge pots and similar devices associated with safety
or occupational uses typically considered open flames, recreational
fires or the use of portable outdoor fireplaces.
A structure or portion of a structure with openings on two
or more sides that is used for the parking or storage of private motor
vehicles.
Where required by any law, rule or regulation of the Town
of Lyons, a permit issued by the Town Board of the Town of Lyons setting
forth the operating conditions, including time limits, to be met by
the applicant as determined by the Town Board to be necessary to protect
the health, safety and welfare of the Town of Lyons and to assure
operation of the use in harmony with the remainder of the Zoning Code
of the Town of Lyons.
[Added 4-27-2022 by L.L. No. 1-2022]
A sealed silo with tight construction that limits the amount
of oxygen inside.
An open area, other than a street, used for the parking of
automobiles.
An enclosed, unoccupied rooftop structure used for sheltering
mechanical and electrical equipment, tanks, elevators and related
machinery, and vertical shaft openings.
A small, enclosed room or structure having one or more holes
in a seat built over a pit and serving as a toilet.
A structure or a group of structures designed to be maintained
and operated as a unit in single ownership or control by an individual,
partnership, corporation or cooperative group, and which has certain
facilities in common, such as yards and open spaces, recreation areas,
garages and parking areas.
An improved area with a specific design to allow children
to play there. It may be indoors but is typically outdoors.
A portable, outdoor, solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
A sawmill utilizing readily portable machinery, and not operated
for profit.
A portable latrine used where other rest room facilities
are unavailable (as at a construction site) or insufficient (as at
special events).
Any street, sidewalk, avenue, road, alley, lane, highway,
concourse, driveway, yard, court, culvert, crosswalk, square, parking
lot, stream, river, waterway and park.
A structure or facility used by a public or quasi-public
utility agency to store, distribute or generate electricity, gas,
telecommunications, and related equipment, or to pump or chemically
treat water. This does not include storage or treatment of sewage,
solid waste or hazardous waste.
Recreational facilities operated as a business and open to
the general public for a fee.
An establishment providing completely enclosed recreation
activities. Accessory uses shall be permitted to include the preparation
and serving of food and/or the sale of equipment related to the enclosed
uses. Included in this definition shall be bowling, roller skating
or ice skating, billiards, pool, motion-picture theaters, and related
amusements.
An area free of buildings except for rest rooms, dressing
rooms, equipment storage, maintenance buildings, open-air pavilions
and similar structures used primarily for recreational activities.
Recreation facilities operated by a nonprofit organization
and open only to bona fide members of such nonprofit organization.
Recreation facilities operated as a nonprofit enterprise
by any governmental agency or nonprofit organization and open to the
general public.
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, portable outdoor fireplace, barbeque grill or barbeque
pit and has a total fuel area of three feet or less in diameter and
two feet or less in height for pleasure, religious, ceremonial, cooking,
warmth or similar purposes.
A trailer-type unit that is primarily designed to provide
temporary living quarters for recreational camping or seasonal use;
and is certified by the manufacturer as complying with ANSI A119.5
(Recreational Park Trailer Standard).
A vehicular-type unit that is primarily designed as temporary
living quarters for recreational, camping or seasonal use; has its
own motive power or is mounted on or towed by another vehicle; is
regulated by the National Highway Traffic Safety Administration as
a vehicle or vehicle equipment; does not require a special highway
use permit for operation on the highways; and can be easily transported
and set up on a daily basis by an individual.
Any location whose primary use is as a place where waste
or scrap materials are stored, bought, sold, accumulated, exchanged,
packaged, disassembled or handled, including, but not limited to,
scrap metals, paper, rags, tires and bottles, and other such materials.
This term does not include a redemption center as defined herein.
A business that accepts empty beverage containers for redemption
from the public and pays the refund value. This definition includes
a person who contracts with one or more dealers or distributors to
collect, sort and obtain the refund value and handling fee of empty
beverage containers for, or on behalf of, such dealer or distributor.
A plant in which flammable or combustible liquids are produced
on a commercial scale from crude petroleum, natural gasoline or other
hydrocarbon sources.
An establishment whose primary purpose is the rehabilitation
of persons. Such services include drug and alcohol rehabilitation,
assistance to emotionally and mentally disturbed persons, and halfway
houses for prison parolees and juveniles.
A building or portion thereof intended for the performance
of religious services.
A latrine in which the receptacle for human waste consists
of a removable container surmounted by a superstructure.
A building, structure or portion thereof used for the repair,
servicing or maintenance of motor vehicles, trailers and similar mechanical
equipment, including paint, body and fender, engine and engine part
overhaul, brake, muffler, upholstery work, tire repair and change,
lubrication, tune-ups, and transmission work.
An accessory building less than 2,000 square feet in area
and 20 feet in building height constructed on a one- or two-family
property where aircraft are stored. Such use will be considered as
a residential accessory use incidental to the dwelling.
An establishment that sells prepared food for consumption.
Any use or structure in which horses can be had for hire,
or where horses are kept for a fee, or a school where horseback riding
is taught. Any horse, pony, mule, or donkey shall, for purposes of
this definition, be deemed a "horse."
A stall or booth for the display and sale of farm products
only.
Any garden located on the roof of a structure.
A building containing a single dwelling unit and containing
rooms for the rooming and/or boarding of at least three persons, but
not more than 25 persons, by prearrangement for definite periods of
not less than one week.
A building, use or activity in which logs are sawn into planks,
beams or boards, or are otherwise roughly prepared, by machinery,
for market or for use in the construction of buildings or ships or
for the use of carpenters, joiners or other artisans. This definition
shall not include a lumber or building materials storage yard and
shall not include the assembly, fabrication, manufacture or processing
of any other wood products.
A school establishment to provide the teaching of industrial,
clerical, managerial or artistic skills. This definition applies to
schools that are owned and operated privately for profit and that
do not offer a complete academic educational curriculum (e.g., beauty
school or modeling school).
Real property designed and used for the purpose of renting
or leasing individual storage spaces to customers for the purpose
of storing and removing personal property on a self-service basis.
The less than completely and opaquely covered human genitals
or female breast below the top of the areola, or the human male genitals
in a discernibly turgid state even if completely and opaquely covered,
or the human genitals in a state of sexual stimulation or arousal,
or acts of human masturbation, sexual intercourse or sodomy, or the
fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
Any rolling or nonrolling basket or container and any part
or parts thereof commonly used in supermarkets or self-service stores
or mercantile establishments as a conveyor of goods, wares, and merchandise.
An area adjacent to and directly in front of a street-level
eating or drinking establishment located within the sidewalk area
of the public right-of-way used exclusively for dining, drinking and
pedestrian circulation. The encroachment area of a sidewalk cafe may
be separated from the remainder of the sidewalk by railings, fencing
or landscaping planter boxes or a combination thereof.
An outdoor sale conducted on sidewalks immediately adjacent
and contiguous to commercial establishments, provided the merchandise
being sold is consistent with the merchandise of the adjacent and
contiguous business.
A name, identification, description, display or illustration
or any other visual display which is affixed to, or painted or represented
directly or indirectly upon a building, structure or piece of land
and which directs attention to an object, product, place, activity,
person, institution, organization or business. This definition shall
not include any display of official court or public office notices
nor any official traffic control device, nor shall it include the
flag, emblem or insignia of a nation, state, county, municipality,
school or religious group. A sign shall not include a sign located
completely within an enclosed building except for an illuminated or
animated sign or signs within show windows. Each display surface of
a sign shall be considered to be a sign.
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold or offered elsewhere than
on the premises where the sign is located.
A conventionally built dwelling, erected on site without
using major prefabricated components.
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities, but not both. Such rooms or spaces that are also part
of a dwelling unit are not sleeping units.
A building that is temporary, permanent or mobile that contains
a device or system that conveys passengers or provides a walkway along,
around or over a course in any direction as a form of amusement arranged
so that the egress path is not readily apparent due to visual or audio
distractions or an intentionally confounded egress path, or is not
readily available because of the mode of conveyance through the building
or structure.
Where required by any law, rule or regulation of the Town
of Lyons, as part of any land use approval, a recital of the conditions
imposed as part of the approval to be met by the applicant as determined
by the approval resolution or Code Enforcement Officer to be necessary
to protect the health, safety and welfare of the Town of Lyons and
to assure operation of the use in harmony with the remainder of the
Zoning Code of the Town of Lyons.
[Added 4-27-2022 by L.L. No. 1-2022]
A use which because of its unique characteristics requires
individual consideration in each case by the Zoning Board of Appeals
and the Planning Board before it may be permitted.
A wheeled trailer or nonwheeled container, built primarily
to be used for the commercial transport of goods by air, rail, sea,
or highway. This definition shall not apply to horse trailers, small
contractors' trailers, or similar equipment not intended for heavy
commercial use or permanent placement.
An outdoor area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated and stored for an indefinite
period until needed. Storage yards are often used in conjunction with
a warehouse, storage buildings, sheds or other structures and may
be public or private.
The keeping, retention or leaving of hazardous materials
in closed containers, tanks, cylinders, or similar vessels; or vessels
supplying operations through closed connections to the vessel, and
where the quantities in storage are required to be reported pursuant
to General Municipal Law § 209-u.
A building, structure or portions thereof constructed in
accordance with generally accepted standards and designed for use
during a severe wind storm event, such as a hurricane or tornado.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above (see
"attic," "attic, habitable," "basement," "building height," and "mezzanine").
For purposes of this definition, the term "story" shall include finished
attics, but shall not include basements and mezzanines.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
Anything constructed, the use of which requires permanent
location on the ground, or attachment to something having permanent
location on the ground, including stationary and portable carports.
A structure or sign, the design or size of which does not
conform with the regulations of this chapter for the district in which
it is located.
Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches deep. This includes in-ground,
above-ground and on-ground pools; hot tubs; spas and fixed-in-place
wading pools.
Any communication facility such as a radio or television
transmitting studio and tower, directional beacon and antenna, cellular
telephone or microwave tower, and attendant buildings, but excluding
police and fire communications towers used for dispatching purposes,
and private, noncommercial television or radio receiving antennas
and similar equipment.
A temporary ground-supported membrane-covered frame structure
used to cover stage areas and support equipment in the production
of outdoor entertainment events.
A use that is authorized to be conducted for a fixed period
of time. Temporary uses are characterized by such activities as the
sale of agricultural products, contractors' offices and equipment
sheds, fireworks, carnivals, flea markets, and garage sales.
A structure, enclosure or shelter, with or without sidewalls
or drops, constructed of fabric or pliable material supported in any
manner except by air or the contents that it protects.
A building used primarily for the presentation of live stage
productions, performances or motion pictures.
Facilities where raw wood products are processed into finished
wood products.
The storage of tires where the area available for storage
exceeds 20,000 cubic feet indoors and/or 2,500 square feet outdoors.
The governing body of the Town of Lyons.
A single-family dwelling unit constructed in a group of three
or more attached units in which each unit extends from foundation
to roof and with open space on at least two sides.
A transportable structure meeting the definition of a "mobile
home," except that it was constructed prior to June 15, 1976, and
bears no seal issued by the Federal Department of Housing and Urban
Development.
Any vehicle mounted on wheels and movable either by its own
power or by being drawn by another vehicle, and licensed for travel
on any highway for the purpose of temporary living or sleeping quarters
in a campground or park.
The New York State Uniform Fire Prevention and Building Code
and/or Energy Conservation Construction Code, and any amendments thereto.
The retail sale of farm produce to self-service customers
who gather the produce in fields or orchards located on a farm.
A lot conforming to minimum area, width and depth requirements,
but not exceeding one acre in size, upon which no principal building
has been erected.
The growing of plants and raising of animals in and around
urban areas (beyond that which is strictly for home consumption or
educational purposes). This definition generally includes agricultural
activities occurring on less than one acre of land, but excludes a
home garden.
Required open space which shall be entirely open (except
for plantings, landscaping, and recreational equipment) and shall
be available for the sole enjoyment of the occupants of the lot of
which it is a part, and shall not include any side yards, driveways,
and accessways.
A Zoning Board of Appeals authorized departure from the terms
of this chapter in accordance with the procedure set forth in this
chapter.
A motorized watercraft, other than a seaplane on the water,
used or capable of being used as a means of transportation. Non-transportation
vessels, such as houseboats, boathouses and barges, are included in
this definition.
A building or premises in which goods, merchandise or equipment
is stored for eventual distribution.
A structure or bulkhead constructed of wood, stone, concrete
or similar material built at the shore of a harbor, lake or river
for vessels to lie alongside of and to anchor piers or floats.
A facility for processing grapes into wine, which may include
retail sales to the general public.
An open space by a structure which lies between the principal
buildings or group of buildings and the nearest lot line and is unoccupied
and unobstructed from the ground upward except as herein permitted.
An open space extending the full width of the lot between
a principal building and the front lot line, unoccupied and unobstructed
from the ground upward.
An 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.
An 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.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
The Official Zoning Map of the Town of Lyons, New York, dated
December 17, 1969, together with all amendments subsequently adopted.
