Lot and structure requirements for principal and accessory structures shall be as provided in Article
VI of this chapter, except as provided herein. Decks, patios and terraces more than one foot above grade shall be considered part of a building when determining required yards.
A. Front yard exception. In the Town Center District, the minimum required
front yard for a principal building may be reduced to the average
setback of existing principal buildings within 200 feet of the proposed
structure, measured in each direction at both side lot lines on the
same side of the street.
B. Accessory structures.
(1)
In the Town Center District, all accessory structures shall
require a building permit, regardless of size.
(2)
In the Town Center District, individual accessory structures
located on residential lots shall be limited to 3,000 square feet
of floor area; larger structures shall be deemed principal structures.
Exception: agricultural buildings.
(3)
In the Town Center District, setbacks for accessory structures
shall comply with the Uniform Code.
C. Fences.
(1)
In the Town Center District, all fences shall require a building
permit.
(2)
In the Town Center District, fences shall be installed and maintained as required for R-1 Districts (see §
300-2.34), except as otherwise provided herein.
(3)
In the Town Center District, there shall be no required setback
for fences.
D. Brush, grass and weeds. In the Town Center District, lots shall be maintained free of excessive accumulation of brush, grass and weeds as required for R-1 Districts (see §
300-2.44).
E. Unimproved building lots. Unimproved building lots in the Town Center District shall comply with the requirements of §
300-2.58 applicable to the R-1 District.
F. Transition requirements.
(1)
All Group A, Group B, Group E, Group I, and Class B or Class
C mercantile occupancies shall provide a minimum side yard of 50 feet
where such side yard abuts a residential (Group R) use.
(a)
Exception 1: occupancies less than 4,000 square feet in floor
area.
(b)
Exception 2: mixed-occupancy buildings with upper-story dwelling
units.
(2)
All Group F, Group H, Group S, and Class A mercantile occupancies
shall provide a minimum side yard of 100 feet where such side yard
abuts a residential (Group R) use.
(3)
Landscaping requirements.
(a)
Any nonresidential use which is in, abuts, is adjacent to or
is less than 50 feet from any residential use, and which is not conducted
within a completely enclosed building, such as storage yards, lumber
and building materials yards, parking lots and like uses, shall be
entirely enclosed by a fence or landscaping sufficient to effectively
shield such uses. This subsection shall not apply to nurseries and
the display for sales purposes of new or used cars, trucks, trailers,
bicycles, motorcycles, or farm equipment.
(b)
Landscaping is required for all new buildings and additions
over 500 square feet in floor area. Said landscaping shall be completed
within one year from the date of occupancy of the building.
(c)
All required yards and open spaces abutting public streets shall
be completely landscaped, except for those areas occupied by utilities,
access driveways, parking areas, paved walkways, playgrounds, walls,
structures or other required facilities.
(d)
All required live landscaping shall be properly maintained.
All dead or dying landscaping shall be replaced immediately and all
sodded areas mowed, fertilized and irrigated on a regular basis.
Signs shall comply with the general requirements of §
300-2.40, except as modified below:
A. Placement. No sign or sign structure shall be placed upon or attached
to any public or private utility pole, lamppost, fire hydrant, bus
shelter, sidewalk, bridge, tree or similar installation or improvement,
whether situated upon public or private property.
B. Signs allowed without permit. The following signs are permitted in
any use district without a sign permit and shall be limited to one
such sign per property:
(1)
A nameplate and/or address sign attached to a building, not
exceeding one square foot in area.
(2)
One attached nameplate or address sign denoting the name and
occupation of the resident maintaining a professional office as a
home occupation, not exceeding four square feet in area.
(3)
One nonilluminated ground or wall sign advertising the sale,
lease or rental of the premises upon which the sign is located, not
to exceed four square feet in area on residential property or eight
square feet on commercial property. Such sign shall be removed within
five days after the sale of the premises has been consummated.
(4)
One nonilluminated sign announcing a real estate open house
or a garage or estate sale, to be erected or placed on the property
where such event will take place, not to exceed four square feet in
area. Such sign shall be removed within one day after the event has
been held and in no event may be maintained on the property for a
period exceeding one week.
(5)
One nonilluminated wall or ground sign denoting the architect,
engineer or contractor, placed on premises where construction, repair
or renovation is in progress, but expressly excluding products, services
or other forms of advertising, not exceeding four square feet in area
on residential property or 32 square feet in area on commercial property.
Such sign shall be removed within 10 days after completion of the
project.
(6)
Signs which are designed exclusively to inform the general public
of a fund-raising campaign, political campaign, social event, civic
undertaking, annual festivity or related enterprise of a temporary
nature sponsored by a nonprofit organization or governmental unit.
Such signs shall be removed the day after the event and may not be
placed on public property except by written permission of the Town
Board.
(7)
Portable signs shall be allowed in the Town Center District,
without a permit, provided such signs comply with the following:
(a)
Only one such sign shall be permitted to be placed on or in
front of a lot or building, except that two such signs shall be permitted
on a corner lot, one facing each street.
(b)
Such signs shall have not more than two faces, each not exceeding
12 square feet.
(c)
Such signs shall not obstruct or in any way interfere with the
use of any public street or sidewalk.
(d)
Such signs shall be removed when the business is not open for
customers; when the National Weather Service issues a high wind warning,
tornado or severe thunderstorm warning; during an accumulating snowfall
event (3" +).
C. The provisions of this section shall not apply to signs established
pursuant to governmental authority or used for the identification
of public buildings, facilities and activities sponsored by a governmental
authority or of an official character, such as traffic regulation
devices authorized by the Vehicle and Traffic Law of the State of
New York, civil defense warning signs, railroad crossing designations,
bus stop signs and any other sign authorized and required under local,
state or federal law or which contains information required and designed
for the protection and safety of the general public, such as danger
areas, work areas, utility warnings, safety warning devices and similar
notices.
D. All signs should be consistent with the architectural design of the
building on which they are to be located.
E. The following signs are permitted for business uses in the Town Center
District:
(1)
Buildings containing one business establishment: one wall sign,
either nonilluminated or illuminated, which shall be no more than
one square foot for each one foot of linear frontage of the building
along the street, up to a maximum of 150 square feet, with a sign
height that shall not exceed 20% of the height of the first story;
or one double-faced projecting sign, either nonilluminated or illuminated
by indirect light only, which shall be no more than 12 square feet
in area per side and project no more than five feet from the face
of the building at an angle of 90° therefrom, with a minimum clearance
above ground level of eight feet. Without awnings, any sign permitted
herein may not extend above the first story of the building to which
it is attached and shall not exceed a height of more than 12 feet
above ground level measured to the top of the sign. With an awning,
any permitted double-faced sign meeting the area size requirements
will be allowed to be placed up to three feet above the first story
so that the sign will be above the awning and its path of movement
for storage. If the sign is illuminated, the lights shall be positioned
and shielded so that there is no direct light into the second-story
windows. In addition, the lights shall be on only during the operating
hours of the business.
(2)
Buildings containing more than one business establishment: one
wall sign for each ground-floor business establishment, which shall
be no more than one square foot for each linear foot of building frontage
occupied by the business, provided that the total sign area of such
signs does not exceed the maximum limitations for a single attached
sign as provided above.
(3)
Building located on a corner lot: in addition to signs permitted in Subsection
E(1) and
(2) above, one additional attached sign facing the secondary street, consistent with the criteria stated above.
(4)
In addition to the signs permitted above, one permanent window
sign shall be permitted, per window, with a maximum of two window
signs per ground-floor business establishment. The area of such sign
shall not exceed 25% of the area of the window pane or four square
feet, whichever is less. Window signs above the first story of a building
are limited to lettering directly on the window, which shall be a
maximum height of eight inches per line, with a maximum of two lines,
and shall only be located on the primary street frontage of the building.
A neon sign is allowable as a window sign if consistent with historic
building and district requirements.
(5)
Awnings and canopies and sign information located thereon shall
be permitted, subject to the following limitations:
(a)
Awnings and canopies may project over a public sidewalk, provided
that such awnings shall be attached to the building only, shall provide
eight feet of clearance over the sidewalk and may not project over
the sidewalk a distance of greater than 1/2 the width of the sidewalk
or eight feet, whichever is less.
(b)
Awning sign information, consisting of lettering or graphic
display, shall not exceed a combined total area of 10 square feet
per business establishment and shall not be permitted above the first
floor.
(c)
No sign shall project from an awning.
(6)
In no instance may the combined area of signs permitted herein
for a single building exceed 200% of the maximum area permitted for
a single sign.
(7)
For multistory buildings with more than four business establishments:
one sign directory, either a wall sign adjacent to the principal entrance
and not exceeding 1/3 the size of the principal entrance opening or
one ground sign located in the front yard four feet from any lot line
and not exceeding two square feet in area per business identified,
up to a total of 20 square feet. A ground sign directory shall not
identify ground-floor business establishments with signs permitted
by this section.
(8)
Signs on the side or rear walls of a building, exclusive of
corner lot buildings: one wall sign not exceeding 15 square feet and
a maximum height of 12 feet as measured to the top of the sign. Such
sign shall be permitted only in cases where the orientation of the
building limits the effectiveness of otherwise permitted signs.
(9)
Signs at automotive motor fuel dispensing facilities and drive-through
facilities:
(a)
No more than three business signs, the combined maximum area
of which shall not exceed the maximum area for a single sign, or no
more than four signs if located on a corner lot. Such sign(s) may
include a freestanding sign, or a wall sign affixed to the principal
building and/or a pump island canopy.
(b)
Price and/or type-of-service signs located on a pump island
shall be limited to six square feet and one sign per island. Signs
required to be posted by governmental regulatory agencies shall not
be factored into the size and number provisions of this subsection.
(c)
On-site directional signage required to facilitate internal
circulation shall not be factored into the size and number provisions
of this subsection.
(10)
Murals shall be permitted, subject to the following provisions:
(a)
Murals shall be allowed only upon issuance of a special permit
from the Planning Board. All applications for murals shall be accompanied
by a sketch or digitized picture, drawn to scale, showing the proposed
location, size, height, artwork and color(s) of the mural, as well
as the building facade upon which it is to be located. Applications
for murals shall also include a written plan for ongoing maintenance
of the mural once completed, including the person, agency or organization
that will fund maintenance activities and probable costs associated
with maintenance.
(b)
Mural content shall not be obscene or offensive.
(c)
Murals shall not negatively impact historic resources within
the Town of Lyons, or cause such resources to lose their local, state
and national register eligibility.
(d)
A mural shall be maintained and shall not be allowed to fade
or lose its integrity. The Town of Lyons is not responsible for maintaining
a mural. If the mural is not maintained, the Town of Lyons can require
that the mural be removed or covered.
(e)
If proposed mural materials are not compatible with the mounting
surface, the mural shall be placed on its own substrate, set off from
the mounting surface and properly anchored to resist wind and other
forces in accordance with the Uniform Code. The use of combustible
materials shall not be used where prohibited by fire safety codes.
(f)
Sand or high-pressure water blasting that would damage an historic
building's facade is prohibited.
(g)
If a mural becomes marked with graffiti, the property owner,
or other designated party, is responsible for the prompt removal of
the graffiti.
(h)
The maximum allowed size of a mural shall be determined by the
Planning Board on a case-by-case basis.
Uses and occupancies in the Town Center District shall comply with the parking and loading requirements of §
300-2.35 and §
300-2.36, except as modified herein.
A. For nonresidential uses in the Town Center District, Division 3,
up to 50% of the required parking may be located in on-street parking
spaces, provided that such spaces are:
(1)
Within 200 feet of the front property line or within the same
block of the site, whichever is closer. For purposes of interpretation
in determining the extent of the perimeter, a walking distance (likely
pedestrian path) measurement and not direct-line measurement should
be utilized. The same-block determination may extend along intersecting
sides. Within this established area, parking may be located on both
sides of a street, unless prohibited for access considerations by
the Planning Board, which then may extend the parking perimeter up
to an additional 100 feet in directions that do not require pedestrian
street crossings.
(2)
Demonstrated to be part of a sufficient supply of available on-street parking spaces within the area established in Subsection
A(1) above, and that the number of parking spaces needed to supplement the required parking will not cause the undue displacement of vehicles associated with other uses.
(3)
Located with respect to the principal use so that a safe and
convenient means of pedestrian access is available, including but
not limited to the provision of sidewalks and street crossings.
(4)
Located with respect to the travel lanes of the road such that
any increase in activity of on-street parking spaces associated with
the use will not interfere with the safe and efficient flow of traffic.
B. The number of required off-street parking spaces for a place of religious
worship may be reduced or eliminated if there exist within 500 feet
public or private parking lots containing a sufficient number of off-street
parking spaces to satisfy any deficiency in parking.
C. Excluding the area needed for access drives, no more than 50% of
any required front yard may be used for off-street parking. The remainder
of such front yard space shall be improved by lawn, trees, shrubs
or other forms of landscaping.
D. No front yard shall be used for open storage or parking of boats,
vehicles, travel trailers, snowmobile trailers, and campers or other
recreational vehicles, except for parking on clearly defined and recognizable
driveways. If adequate driveway space is not available, only one such
vehicle may be parked in the front yard temporarily from Memorial
Day through Labor Day.
E. No person shall place, park or leave standing any vehicle, trailer
or boat on any street in the Town Center District between the curb
and the sidewalk except under the following conditions:
(1)
Adequate parking and standing space is neither available nor
attainable within the property lines of the parcel adjoining the sidewalk.
(2)
Adequate distance shall be available between the curb and sidewalk
to allow parking at right angles to curb and sidewalk, with no intrusion
nor obstruction to clear passage on either highway or sidewalk.
(3)
Space between curb and sidewalk, used for parking or standing,
shall be installed and maintained by the owner of the parcel adjoining
the sidewalk, and the surface shall be of the type required herein.
Any public utility component, sign or other infrastructure required
to be removed or relocated shall be done at the adjacent property
owner's expense.
(4)
Parking between the sidewalk and curb shall be allowed only
by permission of the Town Board, and the above conditions shall pertain
to all new parking spaces between the curb and sidewalk.
F. A commercial vehicle may be parked on a residential lot in the Town
Center District, as an accessory use; within the Town Center District,
Division 2 and Division 3, such vehicle shall not exceed 26,000 pounds'
gross vehicle weight.
G. Restriction on use. Except as otherwise permitted by this chapter,
no vehicle shall be used as sleeping, cooking or living space while
parked on residential property. Commercial vehicles and related equipment
shall not be used as permanent or temporary storage buildings, or
for housing, nor for any purpose for which the vehicle was not designed,
nor as a form of signage, except as expressly permitted elsewhere
in this chapter.
H. Prohibition of certain cargoes. Except for customary delivery purposes,
the following types of cargoes shall be prohibited to be stored on
any residential property: flammable or combustible liquids, gases
or other materials; explosives; poisons, compressed gases; materials
posing an inhalation hazard; radioactive materials; cryogenic materials;
hot or burning materials; garbage; combustible waste and refuse; uncovered,
noncombustible scrap and junk; medical waste, manure, septic sludge,
live animals, hay, or other cargoes with dangerous or objectionable
characteristics. Such cargoes may be further restricted in accordance
with applicable provisions of the Uniform Code.
I. Surfacing.
(1)
In the Town Center District, all off-street parking areas and
driveways shall be surfaced with an all-weather, dustless material
and be striped to delineate parking spaces. Wheel stops shall be provided
where necessary to protect landscaping, light or utility poles, signs
and other installations.
(2)
Exception. Parking spaces at detached one- and two-family dwellings
shall not be required to be striped.
J. Snow storage. Each parking lot or area shall provide for a system
of snow removal and have sufficient on-site snow storage. Landscaped
areas may be used to store snow; however, snow may not be deposited
in the front yard or in public right-of-way to a point that impairs
visibility. The Planning Board may require the provision of additional
snow storage areas.
K. Loading space exception for small buildings. For buildings with less
than 2,500 square feet of floor area, the required loading may be
in the required off-street parking area.
L. On-street loading. The Planning Board may allow a loading space to
be established within the public right-of-way, provided that it is
found that the provision of an on-site loading space is not practical
and interferes with the optimal development of the site or parking
area; and, further, the use of the on-street loading space is limited
to hours of low parking demand or is located in space identified by
the Town of Lyons as a designated loading zone.
No illumination shall cause direct light rays to cross any property
line. All outdoor floodlight sources, such as used for but not limited
to athletic fields, courts, swimming pools, parking lots, security
and building floodlighting, shall be steady, stationary shielded sources
directed so as to avoid causing a hazard to motorists, pedestrians
or causing direct light rays on neighboring properties.
Any construction occurring in the public right-of-way, whether
temporary or permanent, shall comply with relevant provisions of the
Uniform Code and as otherwise provided for in this chapter. Such construction
may include but is not limited to marquees, awnings, canopies, pedestrian
walkways and tunnels. Pre-approval from the authority having jurisdiction
shall be required.
Large-scale development in the Town Center District, including
but not limited to regional commercial centers and industrial or research
parks, shall comply with National Fire Protection Association (NFPA)
Standard 1141 (Standard for Fire Protection Infrastructure for Land
Development in Wildland, Rural and Suburban Areas). Compliance shall
include general requirements, means of access, building access, and
water supply. Requirements for automatic fire protection, manual fire
protection, automatic fire warning systems, and fire protection during
construction shall be in compliance with the Uniform Code.
Restrictions on hazardous materials, as provided in the Uniform
Code, shall apply in the Town Center District as follows:
A. The storage of LP shall be restricted in Division 2 and Division
3, in accordance with the Uniform Code.
B. Flammable cryogenic fluids in stationary containers shall be prohibited
in Division 2 and Division 3.
C. Class I and Class II liquids in above-ground tanks outside of buildings
shall be prohibited in Division 2.
D. Class I and Class II liquids in above-ground tanks shall be prohibited
in Division 3.
E. The storage of combustible fibers shall be restricted in Division
3.
F. The storage of any hazardous material in an amount required to be
reported pursuant to § 209-u of the General Municipal Law
shall be deemed to require an operating permit.
Manufactured homes and mobile homes, where permitted in the
Town Center District, shall comply with the following:
A. Masonry skirting (with a minimum thickness of six inches) shall be
installed to enclose the underside of the home and provide a finished
exterior appearance.
B. Any trailer hitch shall be removed and stored beneath the home, or
in an enclosed building.