[Amended 4-3-2014 by L.L. No. 2-2014]
Except where specifically defined or otherwise specifically
provided herein, all words used in this chapter shall carry their
customary dictionary meanings. For purposes hereof, certain terms
and words shall be interpreted as follows: words used in the present
tense shall include the future; the plural usage includes the singular,
and the singular the plural; the word "shall" is mandatory; the word
"may" is permissive; the word "building" includes the word "structure,"
and both "building" and "structure" include any part thereof; the
word "lot" includes the words "plot" and "parcel"; and the words "occupied"
and "used" shall be interpreted as though followed by the words "or
intended, arranged, or designed to be used or occupied." Where the
precise meaning of a word is in doubt by any board or official, the
Zoning Board of Appeals shall make a determination in accordance with
the purpose and intent of this chapter and the Comprehensive Plan.
[Amended 4-3-2014 by L.L. No. 2-2014]
For purposes of this chapter, unless otherwise specifically
provided, the following terms and words shall have the meanings set
forth below:
A structure customarily incidental and subordinate to the
principal building on the same lot, where the principal building is
lawful and where there is unity of ownership between the principal
building and accessory structure. A structure which dominates the
principal building in area is not eligible to qualify as an accessory
structure.
[Added 4-3-2014 by L.L. No. 2-2014]
A use customarily incidental and subordinate to the principal
use, where the principal use is lawful, where there is unity of ownership
between the principal and accessory use, and where the principal and
accessory uses are located on the same lot. A use that dominates the
principal use in area, extent or purpose shall not be not eligible
to qualify as an accessory use. Under no circumstances shall any explicitly
prohibited use qualify as an accessory use.
[Added 4-3-2014 by L.L. No. 2-2014]
A business enterprise which has a substantial portion of
its stock-in-trade in printed, visual or audio material of any kind
or other novelties which are characterized by their emphasis on specified
anatomical areas or specified sexual activities, including any such
establishment having a substantial area devoted to the sale and display
of such material. For purposes of this definition, "substantial portion"
or "substantial area" shall mean 25% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and display of
such merchandise; or
The amount of advertising which is devoted to such merchandise,
either imprints or otherwise promoted via the broadcast media.
A business enterprise which serves food or beverages for
consumption on the premises, with or without carry-out service, which
features entertainers or waiters and/or waitresses who display any
specified anatomical area or who depict, describe or simulate specified
sexual activities.
Any business enterprise which is other than an adult bookstore
or adult cabaret which has presentations characterized by an emphasis
on the description or depiction of specified anatomical area or specified
sexual activities during live shows, motion-picture films, videotapes
or sound recordings presented to an audience of one or more individuals.
Also included in this definition is any business enterprise other
than a bona fide medical or health service establishment requiring
a client or customer to display any specified anatomical area.
A retail or wholesale enterprise providing services or products
principally utilized in agricultural production or agriculturally
related endeavors, operated by the owner of a farm or agricultural
operation existing on the property, including sale and erection of
structures used in support of agricultural operations or farms, agricultural
equipment and agricultural equipment parts, batteries and tires, livestock,
feed, seed, fertilizer, equestrian supplies, equipment repairs, storage
and shipping of crops, or providing for wholesale or retail sale of
grain, fruit, produce, trees, shrubs, flowers or other products of
agricultural operations, including the packaging and storage of raw
and processed materials utilized in the operation of said enterprise.
Such enterprises shall not employ more than three persons who are
not residents of the premises on which the enterprise is located.
[Added 9-1-2011 by L.L. No. 7-2011; amended 4-6-2021 by L.L. No. 1-2021]
Items, whether natural, processed or manufactured, which
are directly linked to and promote the use and sale of agricultural
products, such as but not limited to grain, fruit, produce, trees,
shrubs, flowers, syrups and honeys, as well as seed, fertilizers,
mulch, soil amendments, hand implements and like products principally
utilized in gardening, animal husbandry, horticulture, floriculture,
apiculture and other agricultural pursuits.
[Amended 9-1-2011 by L.L. No. 7-2011]
The removal of up to 2,000 cubic yards of earth, gravel,
rock or other mineral resources annually for use as fill material
in support of an agricultural operation in another location on the
premises or off the premises, but not for sale.
[Added 9-1-2011 by L.L. No. 7-2011]
Agricultural District No. 2, as designated by Livingston
County pursuant to New York State Agriculture and Markets specifications.
The use of land for the production, preparation, marketing
and transportation of grain, vegetable, fruit and other crops, horticultural
and floricultural products, animal husbandry, livestock and livestock
products, as well as the buildings, structures, equipment, manure
processing and handling facilities and associated operations necessary
to support such production activities and practices, including a commercial
horse boarding operation as defined in the Agriculture and Markets
Law Article 25-AA, § 301.
[Amended 9-1-2011 by L.L. No. 7-2011]
A public way having a right-of-way width of 20 feet or less.
The premises or buildings used for the diagnosis, treatment
or other care of the ailments of domesticated, household or farm animals,
which may include related facilities such as laboratories, offices
and temporary quarters for such animals.
The keeping, grazing, feeding, care and breeding of non-wild,
domesticated animals and livestock, other than those animals customarily
considered household pets, and the related production of animal products
such as milk and eggs.
[Amended 9-1-2011 by L.L. No. 7-2011]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
Refers to the total amount of acreage or aggregate square
foot measurement produced by calculation inclusive of the lands underlying
an adjacent street, road or highway up to the center line of said
street, road or highway, provided that the most recent deed of record
validly conveys the land lying between the center line and the edge
of the public right-of-way of said street, road or highway. In all
other instances, the area calculation shall exclude the land underlying
the space between the edge of the public right-of-way and the center
line of said street, road or highway.
A temporary event, no more than two days in duration, organized
for the purpose of public sale of personal and/or real property to
the highest bidder.
[Added 9-1-2011 by L.L. No. 7-2011]
A permanent facility operated for the purpose of public sale
of personal and real property to the highest bidder.
[Added 9-1-2011 by L.L. No. 7-2011]
See "motel."
A premises including open areas other than a street or way
and showrooms enclosed within a building used for the display or sale
of new or used automobiles, trucks, cargo trailers, boats, snowmobiles,
all-terrain vehicles, motorcycles and motorized bicycles.
The dismantling, wrecking or burning of used automobiles
or the storage, sale or dumping of dismantled, partially dismantled
or wrecked vehicles or their parts.
An impermanent structure, other than a roof, attached to,
supported by and projecting from a building and providing protection
from the elements.
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises.
The story partly underground but having at least 1/2 of its
height above the average outside ground level.
A single-family residence operated as an inn entirely within
the principal residence, where lodging with or without meals is provided
for not more than 10 transient paying guests and where no cooking
or dining facilities are provided in individual bedrooms.
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
[Added 4-3-2014 by L.L. No. 2-2014]
A sign posted on a panel, wall or fence, designed to carry
outdoor advertising and mounted on a building or fence or upon its
own freestanding framework. A billboard will typically display printed
material and graphics temporarily attached to the surface of the billboard
sign. Erection of any new billboard or conversion to a new type of
billboard such as electronic or internally lighted billboard is prohibited
by this Code.
[Amended 1-3-2013 by L.L. No. 1-2013]
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of a block for purposes
of this chapter.
A dwelling, other than a hotel or motel or tourist home (bed-and-breakfast
inn), wherein more than three people are sheltered and/or fed for
profit.
Any structure constructed or used for residence, business,
industry or other public or private purposes, or accessory thereto,
including tents, lunch wagons, dining cars, mobile homes, billboards,
signs and similar structures, whether stationary or movable.
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
A use customarily incidental to the use of a principal building.
Any addition to a building or any change in use from one
district classification to another or removal of a building from one
location to another.
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deckline of a mansard roof; and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
The line of a parcel or lot abutting the street line, meaning
road frontage. In the case of a corner lot, any building line nearest
to the street line shall be considered a front building line. Notwithstanding
the method of calculation of area authorized by this chapter, the
location and definition of the front building line shall be determined
from the point such lot or parcel fronts upon or abuts the edge of
the public right-of-way or street line and not from the center line
of the appurtenant road.
An established building or structure lawfully existing prior
to and at the time of the adoption of this chapter which, because
of its inherent nature of construction, does not conform to and with
the provisions of this chapter or any amendment to this chapter for
the district in which it is located.
A building, including covered porches, in which is conducted
the principal use of the lot on which it is situated. In any residence
district any dwelling shall be deemed the principal building on the
lot on which the same is situated.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the terms "business,"
"business uses," "general business" or any variation thereof be construed
to mean, be, include, or authorize within the Town any explicitly
prohibited use.
[Added 4-3-2014 by L.L. No. 2-2014]
A structure with accommodations for living and sleeping designed
for seasonal occupancy and having a total floor area of less than
400 square feet.
Any area on which are located two or more cabins, tents or
tent floors, camp or travel trailers, shelters, houseboats or other
accommodations of a design or character for seasonal or other more
or less temporary living purposes, whether or not such structures
are actually occupied seasonally or otherwise.
An establishment for the washing of motor vehicles as a principal
use.
An amusement show, usually traveling from place to place,
having sideshows, ferris wheel, merry-go-round, etc.
A portion of a building having more than 1/2 of its height
below the average outside ground level.
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries when operated with and within
the boundary of such cemetery.
A line midway between and parallel to two street or road
property lines or as otherwise defined by the Planning Board.
Any building wherein persons regularly assemble for religious
worship which is used only for such purpose and those accessory activities
as are customarily associated therewith; includes temple, synagogue,
mosque or other similar place of worship.
An exhibition of wild animals, acrobatic feats, together
with sideshows and vending concessions.
A structure designed for the practice of dentistry in which
nonresident patients are treated.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A building other than a hospital or nursing home where up
to two terminally ill persons are regularly lodged and furnished with
meals and nursing care.
[Added 9-1-2011 by L.L. No. 7-2011]
Any document, styled Comprehensive Plan or Master Plan or
otherwise, adopted by the Town Board for the protection, enhancement,
growth, and development of the Town, immediate as well as long-range,
specifically pursuant to § 272-a of the New York State Town
Law, together with all other materials, written and/or graphic, including
but not limited to maps, charts, studies, resolutions, reports and
other descriptive material, adopted by the Town Board, that identify
the goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the protection, enhancement, growth and
development of the Town.
[Added 4-3-2014 by L.L. No. 2-2014]
That type of construction in which the walls, partitions,
columns, floors and roof are noncombustible, with sufficient fire
resistance to withstand the effects of a fire and prevent its spread
from story to story.
An unoccupied open space, other than a yard. An "outer court"
is one that extends to the street or to the front or rear yard. An
"inner court" is any other court.
That percentage of the lot covered by the building area.
See "fraternity house."
A drive-in use includes drive-in outdoor theaters, refreshment
stands, restaurants, banks and the like where patrons enter the premises
and are served or entertained in automobiles. Deposit and pickup service
shall not be considered drive-in businesses as defined herein.
Land situated on a lot used or intended to be used to provide
access to it by vehicular traffic.
Land used for the disposal by abandonment, dumping, burning
or 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. Notwithstanding any provision hereof to the
contrary, for purposes of this chapter, in no event shall the term
"dump" or any variation thereof contained in this chapter be construed
to mean, be, include, or authorize within the Town a land application
facility, a natural gas and/or petroleum exploration, extraction or
production wastes disposal/storage facility, a natural gas and/or
petroleum extraction, exploration or production wastes dump, or any
other explicitly prohibited use.
[Amended 4-3-2014 by L.L. No. 2-2014]
A dwelling or group of dwellings on one lot containing separate
living units for three or more families, but which may have joint
services or facilities, or both.
A detached building designed for the use of a single household,
including one or more persons living as a family, and wherein not
more than three people are sheltered and/or fed for profit.
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
A building having two side yards and accommodating but two
families, with one family living over the other.
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities therefor.
A college or university giving general academic instruction.
Included within this term are areas or structures for administration,
housing of students and faculty, dining halls and social or athletic
activities when located on the institution's land that is not detached
from land where classroom facilities are maintained. This term shall
include elementary school, secondary school and vocational school.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the terms "excavation,"
"excavating" or any variation thereof be construed to mean, be, or
include natural gas, or to authorize within the Town natural gas and/or
petroleum extraction activities or any other explicitly prohibited
use.
[Added 4-3-2014 by L.L. No. 2-2014]
The explicitly prohibited uses defined and described in § 250-9.2 of this chapter.
[Added 4-3-2014 by L.L. No. 2-2014]
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the term "extractive industry,"
"extractive industries," "extractive use" or any variation thereof
be construed to mean, be, include, or authorize within the Town natural
gas and/or petroleum extraction activities or any other explicitly
prohibited use.
[Added 4-3-2014 by L.L. No. 2-2014]
A building or group of buildings, usually with equipment,
where goods are manufactured.
An occasional or periodic competitive exhibition of farm
products and livestock, usually accompanied by amusement features
and for which an admission fee is charged.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
Any tract of land of three or more acres used for the production,
preparation and marketing of grain, vegetable, fruit, and other crops,
silviculture, horticultural and floricultural products, animal husbandry,
livestock and livestock products, as well as the buildings and structures
necessary to support such production activities and practices.
[Amended 9-1-2011 by L.L. No. 7-2011]
A permanent structure, with or without appurtenant open display
area, from which agricultural produce and limited agricultural accessory
products may be sold and which may also contain facilities for the
on-site preparation of processed foods comprised primarily of ingredients
produced on the farm, such as a kitchen or bakery, as well as facilities
for on-site consumption of such foods.
[Amended 9-1-2011 by L.L. No. 7-2011]
A temporary structure or a defined area from which agricultural
produce may be sold.
[Amended 9-1-2011 by L.L. No. 7-2011]
The cutting, splitting, processing and/or preparation of
trees to produce firewood for sale to the public.
[Added 4-6-2021 by L.L. No. 1-2021]
Any lot or parcel of land located within the Town of Lima
that is deficient in the required minimum frontage lot width upon
a dedicated road, as measured in feet, as may be called for in this
chapter, such that the lot presents a narrow accessway (the flag "pole")
leading to the buildable rear portion of the lot (the "flag"), but
otherwise contains sufficient total land area and dimensions to authorize
issuance of a building permit for the use sought for said parcel and
permitted within the zoning use district.
The sum of the gross horizontal area of the several floors,
including the basement of a building and its accessory buildings on
the same lot and including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
The floor area of a building divided by the area of the lot
which it occupies.
Any floor area within the outside walls of a dwelling building
exclusive of areas in cellars, furnace rooms, unfinished attics, garages,
open carports, breezeways, open porches and accessory buildings. All
dimensions shall be measured between interior faces of walls.
A facility used for housing, with or without dining facilities,
of students attending an educational institution as defined herein
and which is approved as a residence for its students by the aforementioned
educational institution.
Any premises used for the repair of motor vehicles, including
those operations not permitted at motor vehicle service stations.
A garage used exclusively for the parking and storage of
motor vehicles and where such vehicles are not serviced or repaired.
A garage not conducted as a business or used for the storage
space for more than one commercial vehicle which shall be owned by
a person residing on the premises. The rental of storage space for
more than two passenger cars or any commercial vehicles shall not
be permitted in a private garage.
The elevation of the center line of a street as officially
established by the Town, county or state highway authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A small farm of at least three acres in area, operated primarily
for personal enjoyment.
Any occupation or profession, including home professional
offices, commercial or industry, that is conducted as an accessory
use to a dwelling.
A home occupation that meets the criteria of § 250-88D and requires a special use permit.
A home occupation that meets the criteria of § 250-88C and is permitted as an accessory use to a dwelling.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitaria, and shall be limited to the treatment or other care of
humans.
A building or group of buildings in which there are 12 or
more rental sleeping rooms and which may also include dining rooms,
kitchens, serving rooms, ballrooms and other facilities and services
intended primarily for the accommodation of its patrons.
The intensive housing or feeding of animals carried on as
an industry, on an area of less than three acres, where less than
8% by weight of the feedstuffs consumed by and of the litter used
for the animals is grown on the premises.
The term "industry" includes the entire range of economic
activity and, as applied to specifics, i.e., manufacturing, wholesale,
retail, services, etc., shall have the meaning set forth in the Standard
Industrial Classification Manual, published by the Executive Office
of the President, Bureau of the Budget, 1957. Notwithstanding any
provision hereof to the contrary, for purposes of this chapter, in
no event shall the terms "industrial," "industrial uses," "industry,"
or any variation thereof contained in this chapter be construed to
mean, be, include, or authorize within the Town natural gas and/or
petroleum exploration activities, natural gas and/or petroleum extraction
activities, a land application facility, a natural gas and/or petroleum
exploration, extraction or production wastes disposal/storage facility,
a natural gas and/or petroleum extraction, exploration or production
wastes dump, or any other explicitly prohibited use.
[Amended 4-3-2014 by L.L. No. 2-2014]
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension of the hole, through which fluids
(which may or may not include semisolids) are injected into the subsurface,
and less than 90% of such fluids return to the surface within a period
of 90 days.
[Added 4-3-2014 by L.L. No. 2-2014]
A lot, land or structure or part thereof over 200 square
feet in area, used primarily for the collecting, storage and/or sale
of wastepaper, rags, scrap metal or discarded material or for the
collecting, dismantling, storage and salvaging of machinery or vehicles
not in running condition and for the sale of parts thereof, except
as accessory to a principal agricultural or industrial use of the
lot. Two or more unregistered motor vehicles shall be deemed to constitute
a junkyard unless each vehicle is enclosed in a building.
Any establishment, including cages, dog runs and structures,
wherein more than three dogs which are over six-months-old are harbored.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
[Added 4-3-2014 by L.L. No. 2-2014]
A business premises equipped with individual clothes-washing
and drying and/or cleaning machines for the principal use of retail
customers.
A piece, parcel or plot of land occupied or to be occupied
by a principal building and its accessory building or buildings, and
including the yards and other open spaces required by this chapter.
A lot fronting upon more than one road, street, alley or
highway (or, as authorized, private lane or street) such that one
angle of said lot is actually formed by the intersection of two rights-of-way,
and which lot has an interior angle of less than 135° at the intersection
of two street lines. A lot abutting upon a curved street or streets
shall be considered a corner lot if the tangents to the curve at points
beginning within the lot or at the points of intersection of the side
lot lines with the street line intersect at an interior angle of less
than 135°.
The measured distance between the rear line of the parcel
or lot and the front line thereof, which said front line shall be
determined by references to the most recent definition of the specific
parcel's boundary lines (herein otherwise defined as "lot of record"),
which said front line shall be either the center line of the abutting
road, street or highway or the edge of the public right-of-way or
street line (or, as authorized, private lane or street), whichever
is the greater.
A lot other than a corner lot.
The lines that bound a lot, as defined herein.
Any lot or parcel which has been properly and validly established
as such by survey, record or deed duly filed or recorded in the office
of the Livingston County Clerk. For purposes of determining area or
lot depth in connection with the interpretation of this chapter, the
most recent survey, record or deed filed or recorded in the office
of the Livingston County Clerk shall be deemed to be of primary pertinence
to the determination of the appropriate lot or boundary line of the
lot of record.
The distance between the side lot lines measured along the
front yard requirement prescribed by this chapter.
Any operation (other than in connection with foundations
for a structure or highway construction), involving:
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the term "mining" or any
variation thereof contained in this chapter be construed to mean,
be, include, or authorize within the Town any natural gas and/or petroleum
extraction activities, or any other explicitly prohibited use.
[Added 4-3-2014 by L.L. No. 2-2014]
A portable structure for which the State of New York Department
of Motor Vehicles will issue a license to move on any public way,
having a usable floor area of not more than 1,100 square feet or not
less than 400 square feet, with or without its own motive power, equipped
for or used for living purposes, provided with complete sanitary facilities
and mounted on wheels or designed to be mounted and transported or
transported on a flatbed trailer. No attachment to real property or
other change made in a structure originally designed or constructed
as a mobile home shall be deemed to transform such a structure into
a dwelling unit as defined herein.
A motel is a building or group of buildings, whether detached
or in connected units, used as individual sleeping units designed
primarily for transient automobile travelers. A motel, motor court
or auto court shall contain not less than eight rental units and be
provided with off-street parking facilities as required by this chapter.
Restaurants, tearooms or similar facilities, together with taverns,
swimming pools and meeting rooms located on the same lot and operated
in conjunction with the motel, shall be considered as accessory uses.
The term "motel" includes auto court, tourist court, motor lodge and
similar uses.
Any premises used by a motor freight company regulated by
the Public Service Commission of New York and/or the Interstate Commerce
Commission as a carrier of goods which is the origin and/or destination
point of goods being transported for the purpose of storing, transferring,
loading and unloading such goods.
Any area of land, including structures therein, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means, body and fender work or the dismantling
or replacing of engines.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
[Added 4-3-2014 by L.L. No. 2-2014]
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
[Added 4-3-2014 by L.L. No. 2-2014]
Any of the following in any form, and whether or not such
items have been excepted or exempted from the coverage of any federal
or state environmental protection laws, or have been excepted from
statutory or regulatory definitions of "industrial waste," "hazardous,"
or "toxic," and whether or not such substances are generally characterized
as waste: a) natural gas or petroleum drilling fluids; b) natural
gas or petroleum exploration, drilling, production or processing wastes;
c) natural gas or petroleum drilling treatment wastes (such as oils,
fracturing fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material); d) any chemical, waste oil,
waste emulsified oil, mud, or sediment that was used or produced in
the drilling, development, transportation, processing or refining
of natural gas or petroleum; e) soil contaminated in the drilling,
transportation, processing or refining of natural gas or petroleum;
f) drill cuttings from natural gas or petroleum wells; or g) any other
wastes associated with the exploration, drilling, production or treatment
of natural gas or petroleum. This definition specifically intends
to include some wastes that may otherwise be classified as "solid
wastes which are not hazardous wastes" under 40 CFR 261.4(b). The
definition of "natural gas and/or petroleum exploration, extraction
or production wastes" does not include i) recognizable and nonrecognizable
food wastes, or ii) waste generated by use for agriculture.
[Added 4-3-2014 by L.L. No. 2-2014]
Any of the following: a) tanks of any construction (metal,
fiberglass, concrete, etc.); b) impoundments; c) pits; d) evaporation
ponds; or e) other facilities, in any case used for the storage or
treatment of natural gas and/or petroleum extraction, exploration
or production wastes that: i) are being held for initial use, ii)
have been used and are being held for subsequent reuse or recycling,
iii) are being held for treatment, or iv) are being held for storage.
[Added 4-3-2014 by L.L. No. 2-2014]
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents,
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
[Added 4-3-2014 by L.L. No. 2-2014]
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
[Added 4-3-2014 by L.L. No. 2-2014]
A facility constructed or operated to compress natural gas
that originates from a gas well or collection of such wells, operating
as a midstream facility for delivery of gas from a gas field for entry
into the transmission pipeline system; the term shall not include
the transmission pipeline itself; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
[Added 4-3-2014 by L.L. No. 2-2014]
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
carbon dioxide separated from natural gas streams.
[Added 4-3-2014 by L.L. No. 2-2014]
A school designed to provide daytime care or instruction
for two or more children from two to five years of age inclusive,
not related to the caregiver, and operated on a regular basis for
compensation.
An establishment where persons are housed or lodged and furnished
with meals and nursing care for hire.
The utilization of a building, structure or land.
Occupancy for a period not exceeding six months during any
one calendar year.
An unoccupied space open to the sky required by the terms
of this chapter.
Land or space artificially surfaced or in natural state,
situate outside any authorized enclosure or fencing exclusively designed
for storage and permitted by the Planning Board, which said land or
space is used for the storage, stockpiling, keeping or distribution
of wares, goods, supplies, equipment or the like, provided that such
wares, goods, supplies, equipment or like materials are both necessary
and directly related to the principal permitted use of the property.
Notwithstanding any provision hereof to the contrary, for purposes
of this chapter, in no event shall the term "open storage" or any
variation thereof contained in this chapter be construed to mean,
be, include, or authorize within the Town a land application facility,
a natural gas and/or petroleum exploration, extraction or production
wastes disposal/storage facility, a natural gas and/or petroleum extraction,
exploration or production wastes dump, or any other explicitly prohibited
use.
[Amended 4-3-2014 by L.L. No. 2-2014]
Land developed by a private sponsor with facilities for passive
recreation, e.g., trails and picnic areas, and/or with facilities
for active outdoor individual or organized recreation, e.g., ball
fields, tennis courts, swimming pools, ski trails, and ice-skating
areas. This definition includes golf courses, riding stables, sportsmen's
clubs, hunting and/or fishing clubs, and open-air theaters or drive-in
theaters. This definition does not include arenas, stadia or other
facilities for the accommodation of more than 200 spectators, campgrounds,
or racetracks or other facilities featuring activities involving motorized
vehicles.
Outdoor recreation facilities operated by a nonprofit organization
and open only to bona fide members of such nonprofit organization.
Outdoor recreation facilities or other entertainment facilities
operated as a nonprofit enterprise by the Town of Lima, any other
governmental entity or any not-for-profit organization and open to
the general public. This definition includes areas used for recreation
or conservation purposes, such as picnic areas; swimming pools and
beach areas; scenic overlooks and preservation areas; camping grounds
and campsites; hiking trails; riding stables and trails; playgrounds;
stadiums and arenas for games and sports; amphitheaters and other
performing arts facilities; sites for historical monuments and markers;
and related service buildings, including those for dining and refreshments;
roads, trails, automobile parking areas and signs of an informational,
directional and identification nature.
For the purpose of computing the number of parking spaces
available in a given area, the ratio of 300 square feet per parking
space shall be used.
A porch, open on two or three sides except for wire screening.
A porch shall not be considered open if enclosed by either permanent
or detachable glass sash. A structure having a driveway running to
it, under it or through it shall not be considered to be an open porch.
A structure in which 5,000 or more birds are housed, one
or more to a cage, in meshwork-floored cages elevated above the main
floor of the structure and in which all normal processes relating
to live birds are accomplished without removing the birds from the
cage.
An entity which operates as a monopoly and whose rates charged
to customers are established by a utility commission. A public utility
station, structure, or use is a facility, structure, or use which
is operated by a public utility and which provides electric, gas,
steam, CATV, telephone or other communication service, water or sewerage
directly to the general public. In no event shall "public utility,"
"public utility building," "public utility facility" or "utility"
be construed to mean, be, include, or authorize within the Town a
natural gas compression facility, natural gas processing facility,
or any other explicitly prohibited use.
[Added 4-3-2014 by L.L. No. 2-2014]
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation,
and exclusive of the process of grading preparatory to the construction
of a building for which a building permit has been issued, or highway
construction. Notwithstanding any provision hereof to the contrary,
for purposes of this chapter, in no event shall the term "quarry,
sandpit, gravel pit, topsoil stripping" or any variation thereof contained
in this chapter be construed to mean, be, include, or authorize within
the town natural gas and/or petroleum exploration activities, natural
gas and/or petroleum extraction activities, a land application facility,
a natural gas and/or petroleum exploration, extraction or production
wastes disposal/storage facility, a natural gas and/or petroleum extraction,
exploration or production wastes dump, or any other explicitly prohibited
use.
[Amended 4-3-2014 by L.L. No. 2-2014]
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
[Added 4-3-2014 by L.L. No. 2-2014]
Material in any form that emits radiation. This definition
specifically includes NORM (naturally occurring radioactive material),
but only if such naturally occurring material has been moved from
its naturally occurring location through a mechanical or other man-made
process. All such material is "radioactive material" for purposes
hereof, whether or not it is otherwise exempt from licensing and regulatory
control pursuant to the New York State Department of Labor, the United
States Nuclear Regulatory Commission, the United States Environmental
Protection Agency, the United States Department of Energy, the United
States Department of Transportation, or any other regulatory agency.
[Added 4-3-2014 by L.L. No. 2-2014]
A building, structure or portion thereof used principally
for indoor recreation, sports or leisure activity, conducted as a
commercial enterprise or otherwise as a principal use. The term includes,
but is not limited to, billiard parlors, bowling halls, live or motion-picture
theaters, amusement or video game centers, indoor sports facilities,
gymnasiums, physical fitness centers, martial arts schools and dance
schools. The term does not include adult entertainment establishments,
special events facilities or indoor recreation as a community facility
or as an accessory use for an institutional use, membership club or
nonprofit organization.
A business which serves food or beverages and which principally
provides for the consumption of said food or beverages, with or without
carry-out service. For purposes of this section, restaurants shall
include party houses, bars, taverns, lounges, nightclubs and other
similar establishments, but shall not include adult cabarets.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
A private hospital, whether or not such a facility is operated
for profit.
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a corporation
meeting the requirements of the state.
The same as elementary school, except secondary education
is provided.
Any school having regular sessions with regularly employed
instructors who, as principal activity, provide training in a trade
or vocation and teach those subjects that are fundamental and essential
in elementary or secondary education under the supervision of the
State of New York or a lawfully constituted ecclesiastical governing
body or a corporation meeting the requirements of the state.
An unoccupied space open to the sky on the same lot with
a building or structure. Where used to describe a required open space
in the front, rear or side of a building, the term "setback" shall
be interchangeable with the term "yard."
An open space extending across the entire width of the lot
or parcel between the building line or main front wall of the principal
structure closest to the right-of-way line and the street line (as
herein defined). There shall be no extension of any part of a building
within said front yard other than steps, open porches, decks, eaves,
cornices or like architectural features open to the sky.
An open space extending across the entire width of the lot
between the rear line of the lot and a line parallel to the rear line
of the lot at a distance from the rear line of the lot specified for
the zoning district in which the lot is situated and unoccupied except
for accessory buildings and open porches, which in the aggregate shall
occupy not more than 35% of the area.
An open unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard, into which
space there shall be no extension of building parts other than eaves
with an overhang of not more than two feet, rainwater leaders, window
sills and other such fixtures and open steps for a distance not exceeding
four feet.
Any solid, semisolid or liquid waste generated or deposited
from municipal, private or publicly held corporate sewage treatment
plants.
Any structure or part thereof attached thereto or pointed
or represented thereon which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation,
but not including the flag, pennant or insignia of any nation, state,
city or other political unit or of any political, education, charitable,
philanthropic, civic, professional, religious or like organization
or of the property thereof.
Any visual message incorporated into an awning or a marquee.
A sign posted on a panel, wall or fence, designed to carry
outdoor advertising and mounted on a building or fence or upon its
own freestanding framework. A billboard will typically display printed
material and graphics temporarily attached to the surface of the billboard
sign. Erection of any new billboard or conversion to a new type of
billboard such as electronic or internally lighted billboard is prohibited
by this Code.
[Added 1-3-2013 by L.L. No. 1-2013]
A sign which directs attention to a business, profession
or industry located on the premises where the sign is displayed, to
the type of products sold, manufactured or assembled, and/or to service
or entertainment offered on said premises.
Any sign erected that identifies or pertains to:
A sign used to identify the individual or organization occupying
the premises or the name of the building or structure in connection
with which the sign is displayed.
Any sign, other than a commercial speech sign, as defined
herein.
A sign advertising property on which it is located or a building
thereon for sale, rent or lease.
A temporary sign giving notice of a special event or activity
of not more than quarterly occurrence.
Any sign painted on or attached parallel to the wall facing
of a building and projecting not more than six inches.
A sign affixed on or located with respect to a window fronting
a public way that is visible from the public way.
See "fraternity house."
Included in the term are the following:
Any touching of the genitals, pubic areas or buttocks of
the human male or female or the breasts of the female, whether clothed
or unclothed, alone or between members of the same or opposite sex
or between humans and animals in an act of apparent sexual stimulation
or gratification.
A facility, whether open to the public or limited to members
of a group, which offers such activities as game hunting, fishing,
trap or skeet shooting, target shooting, target practice, game farms,
and related uses such as assembly halls or sales of bait or equipment.
The term includes rod and gun clubs, archery clubs, air rifle clubs,
and hunting and fishing clubs. Sportsmen's clubs are included within
the definition of "outdoor recreation facility."
An accessory building or structure in which horses or other
similar livestock are kept for private use and not for hire, remuneration
or sale.
[Amended 9-1-2011 by L.L. No. 7-2011]
A building and ancillary facilities such as paddocks, indoor
and outdoor riding rinks and pastures that provide care, housing,
training and health-related services for horses kept on the premises
or on other properties owned or leased by the stable operator, including
horses boarded on the premises by others, and which may include activities
such as the sale of horses to the general public, the hiring of horses
and horse-drawn vehicles to the general public and riding academies
providing lessons in horseback riding and other equestrian skills
or sport.
[Amended 9-1-2011 by L.L. No. 7-2011]
That part of a building included between any floor, other
than a cellar floor, and the floor or roof next above.
Any public way dedicated to public travel greater than 20
feet in width.
A street line is the right-of-way line of a street as indicated
by dedication or by deed or record. In every instance, street line
shall mean the line of a lot or parcel between side lot lines as measured
and located from the edge of the public right-of-way and not the center
line of said right-of-way.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
the ground.
See "building or structure, nonconforming."
Below the surface of the earth, or of a body of water, as
the context may require.
[Added 4-3-2014 by L.L. No. 2-2014]
Any body of water (excluding natural bodies of water fed
by rivers, springs, streams or brooks) or receptacle for water having
a depth at any point greater than two feet, used or intended to be
used for swimming or bathing and constructed, installed or maintained
in or on the ground outside any building.
See "bar or tavern."
A building or part of a building devoted to presenting entertainment
on a paid admission basis.
Open land with its appurtenant facilities devoted to the
showing of motion pictures to patrons seated in automobiles.
See "home, tourist."
A vehicle designed exclusively for the transportation of
one boat of less than ten-foot beam and twenty-four-foot length.
A vehicle or portable structure not over 250 square feet
in floor area, equipped but not regularly used for sleeping, but which
may not have sanitary facilities.
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes, including emplacement by or into
an injection well.
[Added 4-3-2014 by L.L. No. 2-2014]
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location, whether for the purpose of load balancing the production
of natural gas or for any other reason, including without limitation
short-term, long-term, or intermittent storage for product quality,
processing, or transportation purposes, or because of market conditions.
Without limitation, this term includes compression and dehydration
facilities.
[Added 4-3-2014 by L.L. No. 2-2014]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" shall not be deemed to include any nonconforming
use.
A use of land or a portion of the principal building customarily
incidental to the actual principal use of the land or building and
located on the same lot with such principal building.
An established use of a building or structure or use of land
lawfully existing prior to and at the time of the adoption or amendment
of this chapter that does not conform with the permitted use provisions
of this chapter as they apply to the district in which the building,
structure or land is located.
An area variance or a use variance, as the context may admit.
[Added 4-3-2014 by L.L. No. 2-2014]
The authorization by the Board of Appeals for the use of
land in a manner that is not allowed by the dimensional requirements
of the applicable zoning regulations.
[Added 4-3-2014 by L.L. No. 2-2014]
The authorization by the Board of Appeals for the use of
land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Added 4-3-2014 by L.L. No. 2-2014]
Products grown on a farm, such as crops, plants, vines and
trees; items which are generally sold without the need for refrigeration.
A structure or device, whether freestanding or mounted on
another structure, which is generally intended to operate for the
purpose of capturing and utilizing the force of wind.
See "setback."
See "setback, front."
See "setback, rear."
See "setback, side."
