[Amended 6-7-2016]
A.
Every building hereafter erected shall be located on a lot as herein
defined, and except as herein provided, there shall not be more than
one main building and its accessory structures or buildings on one
lot, except for nonresidential buildings and multifamily dwellings
in districts where such uses are expressly permitted.
B.
All accessory structures shall observe the same yard requirements
as principal buildings, except that accessory buildings lying wholly
within a rear yard may not be located within five feet of any residential
lot line.
C.
In any district, the distance between the main building and the accessory
building shall be a minimum of 10 feet.
D.
All accessory structures shall be located in the side or rear yard.
E.
Accessory structures shall not exceed the lot coverage of the principal
structure.
A.
Purpose. The nature of adult uses is such that they
are recognized as having adverse secondary characteristics, particularly
when they are accessible to minors and located near residential property
or related residential uses such as schools, day-care centers, libraries
or parks. Furthermore, the concentration of adult uses has an adverse
effect upon the use and enjoyment of adjacent areas. The nature of
adult uses requires that they not be allowed within certain zoning
districts, or within minimum distances from each other or residential
uses. Special regulation of adult uses is necessary to ensure that
the adverse secondary effects would not contribute to or enhance criminal
activity in the area of such uses, nor will it contribute to the blighting
or downgrading of the surrounding property and lessening of its value.
[Amended 7-2-2007]
B.
Requirements.
[Amended 7-2-2007]
(1)
General. Adult uses, as defined in this chapter, shall
be subject to the following general provisions:
(a)
Activities classified as obscene, as defined
by Minnesota Statutes 617.241, are not permitted and are prohibited.
(b)
Adult uses, either principal or accessory, shall
be prohibited from locating in any building which is also utilized
for residential purposes.
(c)
Adult uses, either principal or accessory, shall
be prohibited from locating in any place which is also used to dispense
or consume alcoholic beverages.
(d)
An adult use which does not qualify as an accessory
use shall be classified as an adult use-principal.
(2)
Adult uses-principal.
(a)
Adult uses both principal and accessory, shall
be permitted in the Industrial District and only upon site plan approval.
(b)
Adult uses-principal shall be located at least
1,000 radial feet as measured in a straight line from the closest
point of the property line of the building upon which the adult use-principal
is located to the property line of:
[1]
Residentially zoned property.
[2]
A licensed day-care center.
[3]
A public or private education facility classified
as elementary, junior high or senior high.
[4]
A public library.
[5]
A public park.
[6]
Another adult use-principal.
[7]
An on-site liquor retail sales establishment.
[8]
An historic or scenic resource; historic route
or highway; or a civic or cultural facility.
(c)
Adult uses-principal shall be located at least
500 radial feet, as measured in a straight line, from one another.
(e)
Adult uses-principal shall adhere to the following
signing regulations:
(f)
Adult use-principal activities shall be prohibited
at any public show, movie, caravan, circus, carnival, theatrical,
or other performance or exhibition presented to the general public
where minors are permitted.
(3)
Adult uses-accessory.
(b)
Adult uses-accessory shall be restricted from
and prohibit access to minors by the physical separation of such items
from areas of general public access.
[1]
Movie rentals. Display areas shall be restricted
from general view and shall be located within a separate room, the
access of which is in clear view and under the control of the persons
responsible for the operation.
[2]
Magazines. Publications classified or qualifying
as adult uses shall not be accessible to minors and shall be covered
with a wrapper or other means to prevent display of any material other
than the publication title.
[3]
Other use. Adult uses-accessory not specifically
cited shall comply with the intent of this section subject to the
approval of the Zoning Administrator.
(c)
Adult uses-accessory shall be prohibited from
both internal and external advertising and signing of adult materials
and products.
(d)
Adult use-accessory activities shall be prohibited
at any public show, movie, caravan, circus, carnival, theatrical or
other performance or exhibition presented to the general public where
minors are permitted.
C.
All building openings, including doors and windows,
shall be coated, covered or screened in such a manner as to prevent
a view into the establishment from any public street, sidewalk or
parking area.
D.
No loudspeakers or sound equipment shall be used by
adult uses that can be heard by the public outside the establishment.
A.
Animal service facilities shall be allowed in the
Neighborhood Commercial and Regional Commercial zones subject to site
plan review.
B.
All animals shall be retained within a wholly enclosed
building during the hours of 6:00 p.m. and 8:00 a.m.
C.
Outdoor animal exercise areas shall be located at
least 10 feet from adjacent property lines.
A.
Attached single-family housing units shall be permitted
in the Mixed Residential District subject to site plan approval.
B.
Attached single-family housing site development plans
shall feature:
(1)
An average unit size of at least 1,000 square feet
with no units less than 750 square feet in size;
(2)
Thirty-foot front, rear and side yard setbacks;
(3)
Sixty-foot inter-building setbacks;
(4)
Twelve-foot setbacks between buildings and common
parking areas;
(5)
A maximum of four units per continuous structure;
(6)
Buildings no longer than 160 feet; measured along
the exterior facade of each unit of the structure;
(7)
Independent heating, air-conditioning, sewer, water,
electricity, gas or other utility services for each dwelling unit;
(8)
Rooflines varied at least once for each two dwelling
units;
(9)
Ground floor living space for all dwelling units;
(10)
Individual patios, at least 250 square feet
in size and enclosed by a wall, fence or dense hedge; and
(11)
Five hundred square feet of common open space
developed for active or passive recreation per dwelling unit.
A.
An auxiliary housing unit may be included within a
single-family detached dwelling to accommodate not more than two members
of the household otherwise occupying the dwelling. At least one of
the persons housed in the auxiliary housing unit must be at least
60 years of age or disabled to the extent that independent housing
is not practical.
B.
The auxiliary housing unit shall not exceed 50% of
the floor area of the habitable space within the principal dwelling
unit.
[Added 5-19-2014; amended 8-21-2018]
A.
No unlicensed or unregistered vehicle shall be stored outdoors for
more than 30 days.
B.
The outdoor storage of more than one unlicensed or unregistered vehicle,
per parcel, is prohibited.
C.
Unlicensed or unregistered vehicles shall be stored at the rear of
the parcel whenever possible.
D.
Unlicensed or unregistered vehicles shall be stored so that said
vehicle is not visible from the public right-of-way, whenever possible.
E.
Unlicensed or unregistered vehicles may be temporarily stored at
vehicle repair shops or automotive sales businesses which are in compliance
with applicable zoning and licensing requirements, pending the repair
or sale of such vehicle not to exceed 30 days.
F.
Junk vehicles, for the purpose of this section, shall be defined
as any vehicle, including a trailer, which is without a current inspection
sticker, insurance valid license plate or plates and/or is in either
a rusted, wrecked, discarded, dismantled, partly dismantled, inoperable
or abandoned condition.
G.
A junk vehicle may not be parked, stored outdoors or be visible from
a public right-of-way.
Junkyards and dumps are prohibited in the City
of Lackawanna.
No mobile home shall be parked and/or occupied
in any district outside of an approved mobile home park for more than
48 hours.
A.
Mobile home parks shall be allowed in the Mixed Residential
zone subject to site plan approval.
B.
The mobile home park site plan shall feature the following:
(1)
A minimum development size of five acres;
(2)
A street system shall be provided which gives access
to all mobile home spaces with an adequate entrance drive from the
public street at least 20 feet wide;
(3)
Mobile home lots at least 3,000 square feet in size
with a minimum width of 40 feet and a minimum depth of 75 feet;
(4)
Mobile homes shall be set back at least 100 feet from
public streets, roadways and other property lines; and
(5)
No more than 12 mobile home lots per gross acre.
Satellite receiving antennae are permitted in
any zoning district as an accessory use subject to the following:
A.
The conversion of former storefronts to residential
uses shall be permitted in all residential districts subject to site
plan approval.
C.
Design.
(1)
The conversion shall preserve the building's original
proportion of storefront window area to solid areas.
(2)
Recessed building entries shall not be converted to
enclosed vestibules; this shall not preclude the construction of interior
vestibules.
(3)
The use of passive solar heating systems by south
or southwest facing storefronts is encouraged.
(4)
Wrought iron gates and security grills shall be restricted
to recessed doorways and inter-building gaps no larger than six feet
wide.
(5)
Where increased natural ventilation is required by
the New York State Building Code, additional natural ventilation may
be obtained through:
D.
Materials.
(1)
Display window in-fill construction shall utilize
those materials found in the building's original design.
(3)
The use of insulated glass plate windows is prohibited
when windowsill is less than 18 inches from the floor or 18 inches
from an entrance.
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Typical Storefront Conversion
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A.
Private swimming pools may be erected or installed
as an accessory use in all zones.
B.
Swimming pools shall be located at least 10 feet from
all property lines and shall not occupy more than 10% of the total
lot area.
C.
The private swimming pool, surrounding yard or lot
shall be enclosed and fenced; the wall of a principal or accessory
building may be used to meet this requirement.
D.
Pool access shall be by way of a self-closing gate
that shall remain locked whenever the pool is not under the direct
adult supervision; locking devices shall be located at least 3.5 feet
above ground level.
E.
Pools equipped with an integral filtration system,
filter pumps, lighting or other mechanical devices shall be so located
and constructed as to not interfere with the peace, comfort and repose
of the occupant of any adjoining property.
A.
Telecommunications tower facilities shall be permitted
in the Regional Commercial and Industrial Districts subject to site
plan review approval.
B.
Telecommunication tower site plans shall comply with
the following standards:
(1)
Height.
(a)
Telecommunications towers shall be no higher
than necessary to ensure effective service for the relevant market
area.
(b)
Telecommunications towers which are visible
from any public road or publicly owned property within a half-mile
radius shall not exceed 60 feet in height.
(c)
Telecommunications towers which are not visible
from any public road or publicly owned property within a half-mile
radius of the proposed site may be up to 200 feet high.
(2)
Telecommunications towers shall be set back a minimum
of the height of the tower and a minimum of 500 feet from any residential,
school or historic structure.
(3)
Telecommunications towers shall be painted a noncontrasting
gray or similar color, minimizing its visibility, unless otherwise
required by the Federal Communications Commission.
(4)
Telecommunications towers shall be screened to minimize
visibility from residential areas and the Seaway Trail.
(5)
The use of "stealth" technology to make towers resemble
common structures such as church steeples, light poles, bell towers,
clock towers, gateway elements or monuments is encouraged.
(6)
When attached to an existing structure, telecommunications
tower construction and equipment shall complement that of the existing
structure.
(7)
Security fencing shall surround the tower, equipment
shelter, and any guy wires.
(8)
Towers exceeding 175 feet in height shall be classified
as Type I Actions under the State Environmental Quality Review Act
and shall require the submission of a long form Environmental Assessment
Form, including but not limited to a Visual EAF Addendum for site
plan approval.
(9)
A communications tower or facility which is not operated
for a continuous period of 12 months shall be considered abandoned,
and the owner of such facility, or the City of Lackawanna at the owner's
expense, shall remove the same within 90 days of a receipt of notice
from the Zoning Officer.
(10)
Towers shall have a designed "failure" point
built within the structure at a point not less than mid-height of
the tower from ground level.
A.
Only temporary structures and uses incidental to construction
work shall be permitted in the City of Lackawanna. All other temporary
structures, including seasonal produce stands, are prohibited.
B.
All temporary construction structures shall be removed
within seven days of the completion or abandonment of the construction
work. No temporary construction structure shall be permitted for more
than six months unless otherwise approved by the Planning and Development
Board.
