A.
Uses that require special use permit approval have a unique character
that makes their establishment as a permitted or accessory use without
prior review impracticable or undesirable. This review shall be for
the purpose of determining that each proposed use is, and will continue
to be, compatible with surrounding existing and planned uses.
B.
A use listed as requiring a special use permit shall not be presumed
to be an allowable use. It shall be the responsibility of the petitioner
for a special use permit to prove to the satisfaction of the Town
that the items listed in this section and under the section of that
particular special use are met. These uses are hereby declared to
possess characteristics of such unique and special forms that each
specific use shall be considered on an individual case.
C.
Findings. No special use permit shall be issued unless the Town Board
finds the use complies with the following general requirements:
(1)
The use is designed, located and proposed to be operated so
the public health, safety, welfare and convenience will be protected.
(2)
The use will not cause substantial injury to the value of other
property in the neighborhood where it is located.
(3)
The use will be compatible with adjoining development and the
character of the neighborhood where it is located.
(4)
Adequate landscaping and screening is provided to preserve the
character of the neighborhood.
(5)
Adequate off-street parking and loading are provided and the
special use will not substantially interfere with traffic on abutting
streets.
A.
Applications shall be submitted on the forms provided by the Town,
and unless no site plan is required, shall be submitted simultaneously
with the site plan application.
B.
Within 31 days after receipt of the application, the Planning Board
shall review the application, site plan, and supporting data, and
Board shall recommend approval, approval with modifications or conditions,
or disapproval of the special use permit. The Planning Board's action
shall be in the form of a written recommendation of approval or disapproval
of the application.
C.
The failure of the Planning Board to act within 31 days following
the conclusion of such hearing, or such longer period as may be agreed
to by the applicant, shall be deemed a recommendation for the approval
of the development plan as submitted.
D.
Within 31 days following the receipt by the Town Board of the report
of the Planning Board, or its failure to act as above provided, the
Town Board shall conduct a public hearing. Within 62 days thereafter
the Town Board shall either approve or deny the special use permit.
E.
In granting approval, the Town Board may impose conditions as necessary
to ensure the harmonious integration and compatibility of special
permitted uses within neighborhoods and with surrounding areas, including
a limitation on the life of the permit.
A.
Expiration of a special use permit occurs in the following circumstance:
(1)
Abandonment of the special use permit occurs whenever the permit
has not been actively used for its intended purpose for a period of
one year.
(2)
A special use permit is terminated on the next day following
the end of any period granted to correct deficiencies and/or violations
of any condition attached to the granting or renewal of the permit.
(3)
A special use permit shall be deemed to authorize only one special
use and shall expire if the special permitted use fails to obtain
a building permit within three months of the Town Board's approval.
(4)
Where no structure is involved, the lot shall not have been
put into use within 12 months after the date of issue of such permit,
for the purpose of which such permit was granted.
(5)
Construction and/or use of the structure for which such permit
was granted shall not have actually begun within 12 months after the
date of issue of such permit.
(6)
The entire structure for which such permit was granted shall
not have been completed according to filed plans within three years
after the date of such permit.
(7)
An applicant may apply for a new special use permit to replace
the terminated permit. Such new permit is subject to the approval
process in use at the time of application.
A.
Inspections shall be carried out at least annually for each permitted
agricultural animal permit; before renewal for all special use permits;
and upon complaint by the public or Town officials where appropriate,
and in accordance with applicable law.
B.
Whenever it shall appear to the Town Board, based on investigation
or complaint from the public, that a permit holder is not complying
with a condition of a special use permit, the Town Board may, after
holding a public hearing at which the permit holder is given an opportunity
to be heard, order the revocation of the permit either immediately,
or after a cure period, if the permit holder fails to cure the violation.
Upon revocation of the permit, the use shall immediately cease and
desist until a new special use permit is issued by the Board.
[Amended 4-22-2024 by L.L. No. 2-2024]
A.
Bed-and-breakfast establishments. No special use permit for a bed-and-breakfast
establishment shall be authorized unless the applicant's project meets
the following requirements:
(1)
The applicant shall be the fee title owner and full-time resident
of the premises, and the bed-and-breakfast use shall be subordinate
and incidental to the residential use of the structure. Parameters
for establishing full-time residential status and ultimate determination
of said full-time residential status shall be established and published
by the Office of the Building Inspector, to be determined in its sole
discretion.
(2)
All guest rooms shall be contained within the principal structure
and limited to the first and second floors of said structure. No attic
or basement lodgings shall be authorized.
(3)
Guest stays shall be no fewer than two nights and no longer
than 30 days.
(4)
No external modifications of the structure shall be allowed
in conjunction with the creation of a bed-and-breakfast.
(5)
No visible evidence of the conduct of the bed-and-breakfast
establishment shall be present.
(6)
The architectural integrity and arrangement of interior spaces
must be maintained and the number of guest rooms shall not be increased,
except as required to meet health, safety and sanitation requirements.
(7)
If rooms are individually rented, each room must have a locked
entry.
(8)
Guest room living quarters shall not constitute a separate dwelling
unit and shall not be leased or rented as such.
(9)
No cooking or cooking facilities shall be permitted in individual
guest rooms.
(10)
Operational smoke detectors and carbon monoxide detectors shall
be installed in each guest room and in adjacent hallways and corridors.
All emergency exits shall be obvious and clearly identified.
(a)
Each bedroom shall have a fire extinguisher and, if located
on the second floor, an escape ladder.
(11)
Outside activities shall not be permitted by guests where it
will create a nuisance or in any way alter the character of the neighborhood.
All outdoor activities shall be constrained to the hours of 8:00 a.m.
to 10:00 p.m.
(12)
Off-street parking for guests shall be provided. All off-street parking shall be regulated in accordance with § 360-200 of the Town Code.
(13)
Guest rules shall be posted and provided in a binder and shall,
at a minimum, include quiet hours, parking, garbage disposal requirements,
check-in/out times, emergency escape plan and emergency contact numbers.
(14)
All bed-and-breakfast special use permit application packets
shall include, at a minimum, the following:
(a)
Application for special use permit.
(b)
Copy of proof of payment of application fee.
(c)
Map of interior building layout denoting all designated living/sleeping/cooking/bathroom
spaces.
(d)
Copy of emergency escape plan.
(e)
Map of exterior with designating guest parking.
(f)
Copy of guest rules.
(15)
The title owner and full-time resident must allow the Town of
Lewiston Building Inspector access to the property to conduct a visual
inspection prior to the public hearing and prior to the Town of Lewiston
Town Board approval.
(16)
The special use permit shall be issued only after a public hearing
before the Town of Lewiston Town Board and upon the determination
that the proposed use is in compliance with the conditions and limitations
of this section.
(17)
The special use permit shall be valid for a period of one year
from the date of issuance and shall be renewed for an annual fee as
established by resolution of the Town of Lewiston Town Board.
(18)
A certificate of occupancy shall be issued by the Building Inspector
only after it has been determined that the structure meets the current
New York State Uniform Building and Fire Prevention Code and after
the special use permit has been issued by the Town Board.
(19)
The Building Inspector and/or agents have the right to spot
inspections and/or reinspection of all permitted bed-and-breakfasts.
(20)
Noncompliance with any condition and/or limitations set forth
in this section or in the special use permit itself shall subject
the special use permit holder to a suspension and/or revocation of
said special use permit, after an appropriate public hearing on the
subject, by a majority vote of the Town of Lewiston Town Board after
receiving a referral or recommendation from the Office of the Building
Inspector.
B.
Transient or short-term rentals.
(1)
Not permitted in residential/agricultural districts.
(2)
No special use permit for a transient or short-term rental shall
be authorized unless the applicant's project meets the following requirements:
(a)
Residential/agricultural districts.
[1]
No transient or short-term rentals shall be permitted in the
residential/agricultural districts within the Town.
(b)
Business Districts/Rural Business District/Transient Neighborhood
District.
[1]
New transient or short-term rentals are permitted, subject to
obtaining a special use permit and site plan approval from the Town
Board, after review and recommendation by the Planning Board.
[2]
The applicant shall be the fee title owner of the premises.
[3]
Only one housing unit per property may be utilized as a short-term
rental.
[4]
All guest rooms shall be contained within the principal structure
(no sheds, garages, outbuildings, campers/trailers, guest houses,
etc.) and limited to the first and second floors of said structure.
No attic or basement lodgings shall be authorized.
[5]
Guest stays shall be no fewer than two nights and no longer
than 30 days.
[6]
No visible evidence of the conduct of the transient or short-term
rental shall be present.
[7]
The architectural integrity and arrangement of interior spaces
of the premises at issue must be maintained and the number of guest
rooms shall not be increased, except as required to meet health, safety
and sanitation requirements.
[8]
No more than four bedrooms shall be rented/occupied individually.
For example, a six bedroom house may only rent four individual bedrooms
at a time.
[9]
Guest room living quarters shall not constitute a separate dwelling
unit and shall not be leased or rented as such.
[10]
No cooking or cooking facilities shall be permitted
in individual guest rooms.
[11]
Operational smoke detectors and carbon monoxide
detectors shall be installed in each guest room and in adjacent hallways
and corridors. All emergency exits shall be obvious and clearly identified.
[a]
Each bedroom shall have a fire extinguisher and,
if located on the second floor, an escape ladder.
[12]
Outside activities shall not be permitted by guests
which will create a public nuisance or in any way alter the character
of the neighborhood. All outdoor activities shall be constrained to
the hours of 8:00 a.m. to 10:00 p.m.
[13]
Off-street parking for guests shall be provided. All off-street parking shall be regulated in accordance with § 360-200 of the Town Code.
[14]
All transient or short-term rental special use
permit application packets shall include, at a minimum, the following:
[a]
Application for special use permit as written by
the Lewiston Building Department and adopted by the Town of Lewiston.
[b]
Copy of proof of payment of application fee.
[c]
Map of interior building layout denoting all designated
living/sleeping/cooking/bathroom spaces.
[d]
Copy of emergency escape plan.
[e]
Map of exterior with designating guest parking.
[f]
Copy of posted guest rules.
[15]
The title owner and/or agent must allow the Town
of Lewiston Building Inspector access to the property to conduct a
visual inspection prior to the public hearing before the Town of Lewiston
Town Board.
[16]
The special use permit shall be issued only after
a public hearing before the Town of Lewiston Town Board and upon the
determination that the proposed use is in compliance with the conditions
and limitations of this section.
[17]
A certificate of occupancy shall be issued by
the Building Inspector only after it has been determined that the
structure meets the current New York State Uniform Building and Fire
Prevention Code, and after the special use permit has been issued
by the Town Board.
[18]
The Building Inspector and/or agents have the
right to spot inspections and/or re-inspection of all permitted Transient
and/or short-term rentals.
[19]
Noncompliance with any condition and/or limitations
set forth in this section or in the special use permit itself shall
subject the special use permit holder to a suspension and/or revocation
of said special use permit, after an appropriate public hearing on
the subject, by a majority vote of the Town of Lewiston Town Board
after receiving a referral or recommendation from the Office of the
Building Inspector.
(c)
The special use permit shall be valid for a period of one year
from the date of issuance and shall be renewed for an annual fee as
established by resolution of the Town of Lewiston Town Board in its
published fee schedules.
(3)
No person or agent shall either offer or book reservations for
any dwelling subject to this section unless the dwelling has a valid
special use permit. Bookings and/or reservations are only permitted
during the life of the issued special use permit.
C.
Exempted uses.
(1)
The regulation of Bed-And-Breakfast Establishments and/or Transient or Short- Term Rentals under this section shall not apply to the short-term rental of residences and/or rooms appurtenant to the operation of parish houses or convents and/or colleges and universities as contemplated under § 360-32, § 360-41, § 360-49, § 360-50 and § 360-55.
D.
Penalties for offenses; additional remedies; violations of special permit regulations. All special use permits granted under this section are specifically subject to the penalties and remedies contemplated under § 360-14 hereof. Moreover, the Town of Lewiston Town Council may authorize the commencement of an action in Supreme Court, Niagara County, to enforce any provision of this chapter. Any such enforcement action shall be in addition to, and not in lieu of, any other enforcement mechanism available at law or equity.
No special use permit for a facility with outdoor display/storage
shall be authorized unless the applicant's project meets the following
requirements:
A.
All outdoor storage, display or sales of merchandise/products must
be a minimum of 50 feet from any residential use or zoning property
line. This fifty-foot area must include a fence (of at least six feet
in height) or another form of screening (hedge line, etc.) approved
by the Planning Board.
B.
No open storage of materials such as mulch, stone, sand, soil, fertilizers
shall be allowed, unless in an area completely screened from surrounding
properties. These materials can also be stored and sold in bags. The
area devoted to storing these types of materials is limited to less
than 10% of the site.
C.
All outdoor use areas (storage, display, sales, etc.) must be clearly
shown on approved plans, and no outdoor uses shall take place outside
of these areas. These outdoor display areas shall only encompass less
than 30% of the subject property.
D.
Vehicle storage must be in an enclosed structure or screened from
view from any adjacent residential properties.
No special use permit for new or used automotive sales and service
facilities shall be authorized unless the applicant's project meets
the following requirements:
A.
The property has frontage along a state roadway.
B.
The site shall not include the outdoor storage of any junk or unregistered
vehicles.
C.
The Town Building Inspector/Code Enforcement Officer shall make periodic
inspections of each operating facility to ensure the proper structural
maintenance of all structures and the adequate cleanup of litter and
motor vehicle parts.
D.
The size, location and materials used in the construction of off-street
parking facilities shall be determined by the Planning Board based
on the intensity of use of the proposed development.
E.
Any fixture used to illuminate any automotive use area shall be so
arranged as to direct the light away from the street and away from
any adjoining premises.
No special use permit for commercial car washes shall be authorized
unless the applicant's project meets the following requirements:
A.
These facilities shall not be located within 200 feet of any residential
structure or within 500 feet of another such facility.
B.
Architectural features of the car wash buildings and other buildings
on the property shall be in harmony with the surrounding uses.
C.
Visibility from the road shall be minimized through proper siting,
setbacks, existing topographic features, berms and landscaping features.
Gasoline stations are permitted as a special use, provided that
all servicing of vehicles, except fueling and minor emergency repairs,
will be conducted in an enclosed building. No special use permit for
these uses shall be authorized unless the applicant's project meets
the following requirements:
A.
The Town Building Inspector/Code Enforcement Officer shall make periodic
inspections of each operating facility to ensure the proper structural
maintenance of all structures and the adequate cleanup of litter.
B.
No part of any building used as a gasoline service station or public
garage, and no filling pump, lift or other service appliance, shall
be erected within 200 feet of any dwelling unit or within 300 feet
of any school, church, playground or park.
C.
No gasoline or oil pump, no oiling or greasing mechanism and no other
service appliance shall be installed in connection with any filling
station, gasoline service station or public garage within 20 feet
of any street line.
D.
For each gasoline pump, there shall be adequate space on the lot
to accommodate a minimum of two vehicles waiting to use said pump.
Space at the pump or required parking spaces may not be counted toward
this requirement.
E.
Storage of gasoline shall be in underground tanks approved by the
American Insurance Association and all applicable state and federal
regulations.
F.
Any portion of the lot within 30 feet of any R District boundary
may be used for landscaping or screening only.
G.
Surfacing. Every automotive use area and access driveway thereto
shall be surfaced with a durable and permanent material (concrete,
asphalt or similar materials) and shall be graded and drained so as
to dispose of surface water accumulation.
H.
Lighting. Any fixture used to illuminate any automotive use area
shall be so arranged as to direct the light away from the street and
away from any adjoining premises.
I.
Screening. Every automotive use area, except off-street parking areas
for less than five vehicles, shall be screened from any adjoining
lot in any R District, including lots situated across the street,
as follows:
(1)
Along a street line, by a planting strip of natural vegetation
five feet wide; provided, however, that no shrub planting or tree
foliage shall be placed or maintained which obstructs vision at an
elevation between three feet and seven feet above the street level.
Such screening may be interrupted by normal entrances and exits.
(2)
Along a rear lot line or an interior side lot line which abuts
an existing or future rear yard or side yard on such adjoining lots,
by a compact evergreen hedge which will reach a height of five feet
within three years or by a solid uniformly painted fence or an unpierced
masonry wall five feet in height. Such screening shall be maintained
in good condition at all times.
(3)
Plastic or other types of artificial plantings or vegetation
shall be prohibited.
J.
Access. No entrance or exit to any automotive use area shall be permitted
within 30 feet of any intersecting street lines, and, except for off-street
parking areas for uses permitted in any R District requiring less
than 10 parking spaces, no entrance or exit shall be permitted within
20 feet of a lot in any R District. The arrangement of access shall
be arranged so that vehicles shall not be required to back into a
street.
K.
No automotive use area shall be used for auto wrecking or for the
storage of wrecked, partially dismantled or junked vehicles or equipment
or motor vehicles which do not qualify for New York State motor vehicle
registration.
No special use permit for a child-care center or nursery school
shall be authorized unless the applicant's project meets the General
Provisions, above and the following:
A.
Nursery schools or day-care centers shall not receive an occupancy
permit until licensed by the State of New York.
B.
Adequate outdoor play space shall be provided based on the number
of children. There shall be a minimum of 75 square feet per child
under the age of three and 100 square feet per child three years and
older. No play area or equipment shall be located in a front yard.
C.
Where a nursery school or day-care center abuts a residential property
or an area zoned residential, there shall be a minimum thirty-foot
buffer with adequate screening as determined by the Planning Board.
D.
Child discharge and pickup areas shall not be in the public right-of-way.
E.
There shall be one off-street parking space for each full-time staff
person and a minimum of three spaces for parents and visitors.
No special use permit for a facility with a drive-through operation
shall be authorized unless the applicant's project meets the following
requirements:
A.
Any drive-through window must be a minimum of 50 feet from any residential
use or zoning property line. This fifty-foot area must include a fence
(of at least six feet in height) or another form of screening (hedge
line, etc.) approved by the Planning Board.
B.
The site plan must provide sufficient space to accommodate vehicles
waiting in line for the drive-through (stacking), while maintaining
normal traffic circulation patterns on site. Overflow capacity must
be accommodated on-site and not spill over onto public streets.
C.
Multiple windows (e.g., for ordering, payment, and pick-up) are encouraged
to limit idling.
D.
Lighting fixtures shall be arranged and shielded so as to direct
the light away from the street and away from any adjoining premises.
E.
Speakers from the drive-through window shall not be audible from
any adjacent residential use or zoning property line.
F.
Standardized "corporate" building designs shall be discouraged.
No special use permit for a farm market or a roadside stand
shall be authorized unless the applicant's project meets the following
requirements:
A.
Any structure constituting a farm market or roadside stand shall
be set back a minimum of 20 feet from the public right-of-way.
B.
Any structure constituting a farm market or roadside stand shall
be located a minimum of 200 feet from any adjacent residential use
or structure not located on the same parcel as the proposed use.
No special use permit for a commercial recreational facility
shall be authorized unless the applicant's project meets the following
requirements:
A.
Traffic access to and from the site must be designed to avoid impacts
to traffic circulation on adjacent roadways.
B.
Off-street parking is required consistent with anticipated parking
demand.
C.
Off-street parking shall be screened from adjacent residential uses
through use of proper setbacks, landscaping, fencing or other appropriate
techniques.
D.
Any structure being used for commercial recreational purposes shall
be a minimum of 50 feet from any adjacent residential use.
E.
Lighting fixtures shall be arranged and shielded so as to direct
the light away from the street and away from any adjoining premises.
F.
The use must mitigate any noise so as to not be a nuisance to adjoining
residential uses.
No special use permit for a kennel, small animal hospital, veterinary
clinic or animal boarding facility shall be authorized unless the
applicant's project meets the following requirements:
A.
Any structure being used for to house animals shall be a minimum
of 200 feet from any adjacent residential use or structure not on
the same parcel as the proposed use.
B.
All outdoor runs or outdoor yards used by animals shall be a minimum
of 300 feet from any residential use or structure not located on the
same parcel as the proposed use.
C.
All outdoor runs or yards used by animals shall be completely and
securely fenced with a six-foot or higher fence.
D.
All animals must be housed indoors between the hours of 10:00 p.m.
and 6:00 a.m.
No special use permit for a machine and tool sales, rental or
service establishment shall be authorized unless the applicant's project
meets the following requirements:
A.
Any structure being used for such purposes shall be a minimum of
200 feet from any adjacent residential use or structure.
No special use permit for a manufacturing, processing or assembly
facility shall be authorized unless the applicant's project meets
the following requirements:
A.
Any structure being used for such purposes shall be a minimum of
200 feet from any adjacent residential use or structure.
No special use permit for a multifamily residence shall be authorized
unless the applicant's project meets the following requirements:
No special use permit for a nursing home shall be authorized
unless the applicant's project meets the following requirements:
A.
There is sufficient distance from property lines to avoid adverse
impacts to or conflicts with adjacent agricultural uses.
No special use permit for a college or university shall be authorized
unless the applicant's project meets the following requirements:
A.
There is sufficient distance from property lines to avoid adverse
impacts to or conflicts with adjacent agricultural uses.
No special use permit for a private club or lodge shall be authorized
unless the applicant's project meets the following requirements:
A.
There is sufficient distance from property lines to avoid adverse
impacts to or conflicts with adjacent agricultural uses.
No special use permit for a public riding stable shall be authorized
unless the applicant's project meets the following requirements:
A.
Any structure being used for to house animals shall be a minimum
of 200 feet from any adjacent residential use or structure not on
the same parcel as the proposed use.
B.
All outdoor paddocks or yards used by animals shall be completely
and securely fenced.
C.
Parking shall be sufficient to accommodate anticipated usage.
D.
Any lighting fixtures shall be arranged and shielded so as to direct
the light away from the street and away from any adjoining premises.
No special use permit for a private stable shall be authorized
unless the applicant's project meets the following requirements:
No special use permit for a waste disposal, recycling or landfill facility shall be authorized unless the applicant's project meets the requirements of Chapter 293, Solid Waste, of the Town Code.
