Zoning, building permits and septic rules in Town of Lewiston, New York

Town of Lewiston’s own rules

• Building permitRequired

  Excavation, construction, alteration, repair, or demolition of a building or structure inside the Town of Lewiston.

  • Permit exceptions may be allowed for certain minor alterations under § 360-6.
  • The Zoning Code excludes the Village of Lewiston and Tuscarora Indian Reservation.

  “Building permit required. No excavation, construction, alteration, repair or demolition of any building or other structure within the Town of Lewiston shall hereafter be commenced until an application for a building permit shall have been filed with the Building Inspector and a permit authorizing the work contemplated has been issued.”

• Building code adoptedAdopted (with conditions)

  Construction subject to the Town of Lewiston Zoning Code.

  • The Code incorporates current New York State codes as amended from time to time.

  “The current codes applicable to New York State, as amended from time to time, are hereby declared to be the Building Code of the Town of Lewiston.”

• Certificate of occupancyRequired

  Occupation or use of land and erected, reconstructed, or structurally altered structures inside the Town of Lewiston.

  • A temporary certificate may be issued where the Building Inspector finds no substantial hazard.
  • A certificate is to be applied for concurrently with other approvals.

  issuance deadline after lawful completion: <= 10 days (Unless a temporary certificate of occupancy has been issued.)

  “A certificate of occupancy shall be applied for concurrently with the application for all approvals and, unless a temporary certificate of occupancy has been issued, shall be issued within 10 days after the lawful erection, reconstruction or structural alteration of such building shall have been completed.”

• Local zoningPresent (with conditions)

  Land inside the Town of Lewiston, Niagara County, New York, excluding the Village of Lewiston and Tuscarora Indian Reservation as stated by the Zoning Code.

  • The Zoning Code states that it excludes areas within the Village of Lewiston and the Tuscarora Indian Reservation.

  “Jurisdiction. The provisions of this chapter shall apply in all areas of the Town of Lewiston, including areas under water, except for the areas within the Village of Lewiston and the Tuscarora Indian Reservation.”

• Zoning districtsPublished (with conditions)

  Land subject to the Town of Lewiston Zoning Code.

  • The Town's code page links both the adopted code and 2020 Zoning Map.
  • The Zoning Code excludes the Village of Lewiston and Tuscarora Indian Reservation.

  “Zoning Map. Districts are bounded as shown on the Official Zoning Map entitled "Zoning Map of the Town of Lewiston," and certified by the Town Clerk, and which may be amended by the Town Board in accordance with the terms of this chapter, which map accompanies this chapter, and which, with all explanatory matter thereon, is hereby made a part of this chapter.”

• Permit processPublished (with conditions)

  Applications requiring Town zoning, special-use, variance, subdivision, site-plan, grading, or building permits.

  • The Town Code specifies the approval sequence.
  • Town FAQ identifies survey, contractor-insurance, construction-plan, and applicable sewer/water-application materials.

  “An applicant must obtain approvals in the following order: (1) Zoning; (2) Special use permits; (3) Variances approvals; (4) Subdivision or (for planned developments) concept plan; (5) Site plan or (for planned developments) detailed plan; and (6) Grading and building permits.”

Rules another office applies inside Town of Lewiston

Town of Lewiston does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum dwelling sizeSpecified

  Dwellings in the R-1 One-Family Residence District, the Town's primary single-family residential district.

  • A built-in garage is included for one-and-one-half- and two-story dwellings only where finished rooms are provided over the garage.

  minimum outside area, one-story dwelling: >= 1000 square feet · minimum outside area, one-and-one-half-story dwelling: >= 850 square feet · minimum outside area, two-story dwelling: >= 600 square feet

  “Every dwelling shall have a minimum outside area of 1,000 square feet for one-story dwellings, 850 square feet for one-and-one-half-story dwellings and 600 square feet for two-story dwellings.”

• Minimum lot sizeDistrict specific (with conditions)

  R-1 One-Family Residence District lots in the Town of Lewiston.

  • The 11,250-square-foot limit applies where sewers are provided.
  • Where septic systems are necessary, the minimum is 20,000 square feet or 30,000 square feet in poor soils that do not pass a perc test.

  minimum lot area with sewers: >= 11250 square feet (Includes each lot in a zero-lot-line duplex development.) · minimum lot area where septic is necessary: >= 20000 square feet (30,000 square feet in areas with poor soils that do not pass a perc test.)

  “No lot shall have an area of less than 20,000 square feet, or 30,000 square feet in areas with poor soils (soils do not pass perc test).”

• SetbacksDistrict specific (with conditions)

  R-1 One-Family Residence District lots in the Town of Lewiston.

  • Front yard is based on nearby dwellings within 300 feet where present; otherwise the stated 35-foot minimum applies.
  • No front yard depth greater than 100 feet is required.

  minimum front yard where no dwellings within 300 feet: >= 35 feet (No front yard depth greater than 100 feet is required.) · side yard: >= 15 percent of lot width (No side yard is required to exceed 15 feet.) · rear yard: >= 15 percent of lot depth

  “Rear yard depth. The rear yard shall be a minimum of 15% of the depth of the lot.”

• Building heightDistrict specific (with conditions)

  R-1 One-Family Residence District, the Town's primary single-family residential district.

  • Primary buildings and accessory structures have separate limits.

  maximum primary-building height: <= 35 feet · maximum accessory-structure height: <= 22 feet

  “No primary building in this district shall be erected to a height in excess of 35 feet. No accessory structure in this district shall be erected to a height in excess of 22 feet.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Lewiston or Niagara County directly.

• Owner-builder exemption — Owner-builder construction inside the Town of Lewiston.
• Lot coverage — Land inside the Town of Lewiston.
• Living in an RV — Long-term RV occupancy on private land inside the Town of Lewiston.
• Camping on your land — Temporary camping on private land inside the Town of Lewiston.
• Tiny homes — Tiny-home occupancy inside the Town of Lewiston.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.