A.
This chapter and the Official Zoning Map made a part hereof shall be known and may be cited and referred to as the "Zoning Law of the Town of Lima."
Pursuant to the authority and power granted by Chapter 62, Article 16 of the Consolidated Laws to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of occupancy and lots and parcels of land that may be occupied, the size of setbacks, courts and open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes and to establish zones or districts in the Town of Lima, the Town Board does ordain the following provisions.
A.
Authority. This chapter is adopted pursuant to the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, and Articles 2 and 3 of the Municipal Home Rule Law, to protect and promote public health, safety, convenience, order, aesthetics, prosperity and general welfare of the Town of Lima and to implement the Comprehensive Plan of the Town. This chapter regulates the location, construction, alteration and use of buildings and structures and the development and use of land within the Town of Lima and, for said purposes, divides the Town into the zoning districts enumerated in Article II.
B.
To these ends, this chapter is designed to:
(1)
Enhance the appearance of the Town and to guide and regulate the orderly growth, development and redevelopment of the Town in accordance with a well-considered plan so that the Town may realize its potential as a place to live and work, with the most beneficial and convenient relationships among the agricultural, business and residential areas within the Town and with due consideration to the character of each district and its suitability for particular uses.
(2)
Protect and manage the rural, scenic and historic character of the Town.
(3)
Provide for the preservation of environmentally sensitive areas, including wetlands, floodplains, and steep slopes.
(4)
Encourage the use of sustainable building practices, including provisions for energy and water efficiency.
(5)
Encourage and support agricultural operations.
(6)
Promote the viability of existing businesses.
(7)
Encourage new businesses that are compatible with existing surrounding uses, provide employment for residents, and offer needed goods and services.
(8)
Encourage the redevelopment and reuse of vacant commercial buildings.
(9)
Facilitate the development of a variety of housing choices to meet the needs of all population segments.
(10)
Facilitate the provision of transportation, water supply, sewage disposal, park and other public facilities as needed by the community.
[Added 4-3-2014 by L.L. No. 2-2014]
If any word, phrase, sentence, part, section, subsection, or other portion of this chapter, or the application thereof to any person or to any circumstance, is adjudged or declared invalid or unenforceable by a court or other tribunal of competent jurisdiction, then, and in such event, such judgment or declaration shall be confined in its interpretation and operation only to the provision of this chapter that is directly involved in the controversy in which such judgment or declaration is rendered, and such judgment or declaration of invalidity or unenforceability shall not affect or impair the validity or enforceability of the remainder of this chapter or the application hereof to any other persons or circumstances. If necessary as to such person or circumstances, such invalid or unenforceable provision shall be and be deemed severed herefrom, and the Town Board hereby declares that it would have enacted this chapter, or the remainder thereof, even if, as to particular provisions and persons or circumstances, a portion hereof is severed or declared invalid or unenforceable.