[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:
ACCESSORY STRUCTUREA 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:
A. 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.
ADULT CABARETA 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.
ADULT ENTERTAINMENT ESTABLISHMENTAny 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.
AGRIBUSINESS ENTERPRISEA 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.
AGRICULTUREThe 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.
ANIMAL HOSPITAL or VETERINARY CLINICThe 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.
ANIMAL HUSBANDRYThe 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.
AREA, LANDRefers 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.
AUCTIONA 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]
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.
AWNINGAn impermanent structure, other than a roof, attached to, supported by and projecting from a building and providing protection from the elements.
BAR or TAVERNAn establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises.
BASEMENTThe story partly underground but having at least 1/2 of its height above the average outside ground level.
BED-AND-BREAKFAST INNA 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.
BELOW-REGULATORY CONCERNRadioactive 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.
BOARDINGHOUSE and/or ROOMING HOUSEA 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.
BUILDINGAny 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.
BUILDING, ACCESSORYA 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.
BUILDING, ALTERATION OFAny 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.
BUILDING, HEIGHT OFThe 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.
BUILDING LINE, FRONTThe 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.
BUILDING OR STRUCTURE, NONCONFORMINGAn 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.
BUILDING, PRINCIPALA 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.
BUSINESS; BUSINESS USES; GENERAL BUSINESSNotwithstanding 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.
CAMPAny 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.
CAR WASHAn establishment for the washing of motor vehicles as a principal use.
CARNIVALAn amusement show, usually traveling from place to place, having sideshows, ferris wheel, merry-go-round, etc.
CELLARA portion of a building having more than 1/2 of its height below the average outside ground level.
CEMETERYLand 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.
CENTER LINE OF STREET OR ROADA line midway between and parallel to two street or road property lines or as otherwise defined by the Planning Board.
CHURCH OR OTHER PLACE OF WORSHIPAny 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.
CIRCUSAn exhibition of wild animals, acrobatic feats, together with sideshows and vending concessions.
CLINIC, DENTALA structure designed for the practice of dentistry in which nonresident patients are treated.
CLUBHOUSEA 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.
COMFORT CARE HOUSEA 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.
COURTAn 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.
COVERAGEThat percentage of the lot covered by the building area.
DRIVE-IN USEA 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.
DRIVEWAYLand situated on a lot used or intended to be used to provide access to it by vehicular traffic.
DUMPLand 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.
DWELLING, ONE-FAMILYA 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.
DWELLING, SEMIDETACHEDA detached building containing two dwelling units separated by a party wall, each having one side yard.
DWELLING, TWO-FAMILYA building having two side yards and accommodating but two families, with one family living over the other.
DWELLING UNITAny dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities therefor.
EDUCATION INSTITUTIONA 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.
EXCAVATION; EXCAVATINGNotwithstanding 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]
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.
FAIRAn occasional or periodic competitive exhibition of farm products and livestock, usually accompanied by amusement features and for which an admission fee is charged.
FAMILYOne 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.
FARMAny 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.
FLOOR AREA (of a building)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.
FLOOR AREA RATIOThe floor area of a building divided by the area of the lot which it occupies.
FLOOR AREA, USABLEAny 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.
GARAGE, MOTOR VEHICLE REPAIRAny premises used for the repair of motor vehicles, including those operations not permitted at motor vehicle service stations.
GARAGE, PARKING AND STORAGEA garage used exclusively for the parking and storage of motor vehicles and where such vehicles are not serviced or repaired.
GARAGE, PRIVATEA 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.
GRADE, ESTABLISHEDThe elevation of the center line of a street as officially established by the Town, county or state highway authorities.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HOBBY FARMA small farm of at least three acres in area, operated primarily for personal enjoyment.
HOME OCCUPATIONAny occupation or profession, including home professional offices, commercial or industry, that is conducted as an accessory use to a dwelling.
HOSPITALAn 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.
HOTELA 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.
INDUSTRIAL AGRICULTURAL ENTERPRISEThe 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.
INDUSTRYThe 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.
KENNELAny establishment, including cages, dog runs and structures, wherein more than three dogs which are over six-months-old are harbored.
LAND APPLICATION FACILITYA 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 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.
LOT, CORNERA 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°.
LOT DEPTHThe 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.
LOT LINESThe lines that bound a lot, as defined herein.
LOT OF RECORDAny 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.
LOT WIDTHThe distance between the side lot lines measured along the front yard requirement prescribed by this chapter.
MAJOR EXCAVATION, GRADING OR FILLINGAny operation (other than in connection with foundations for a structure or highway construction), involving:
A. A volume of earth movement exceeding the average of one cubic foot per square foot of lot area or 1,000 cubic yards, whichever is the lesser; or
A change in ground elevation from previously existing grade exceeding 10 feet.
MININGNotwithstanding 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.
MOTELA 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.
MOTOR FREIGHT TERMINALAny 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.
MOTOR VEHICLES SERVICE STATIONAny 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.
NATURAL GASMethane 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.
OCCUPANCYThe utilization of a building, structure or land.
OCCUPANCY, SEASONALOccupancy for a period not exceeding six months during any one calendar year.
OPEN SPACEAn unoccupied space open to the sky required by the terms of this chapter.
OPEN STORAGELand 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 FACILITY, PUBLICOutdoor 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.
PARKING SPACEFor 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.
PORCH, OPENA 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.
POULTRY HOUSE, CAGE-TYPEA 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.
PUBLIC UTILITY; PUBLIC UTILITY STATIONAn 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.
RESTAURANTA 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.
RIDING ACADEMYAny 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.
SCHOOL, ELEMENTARYAny 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.
SCHOOL, SECONDARYThe same as elementary school, except secondary education is provided.
SCHOOL, VOCATIONALAny 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.
SETBACKAn 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."
SETBACK, FRONTAn 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.
SETBACK, REARAn 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.
SETBACK, SIDEAn 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.
SEWAGE SLUDGEAny solid, semisolid or liquid waste generated or deposited from municipal, private or publicly held corporate sewage treatment plants.
SIGNAny 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.
SIGN, AWNINGAny visual message incorporated into an awning or a marquee.
SIGN, BILLBOARDA 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.
SIGN, COMMERCIAL SPEECHAny sign erected that identifies or pertains to:
A. A commercial enterprise; or
A product, commodity or service offered by a commercial enterprise.
SIGN, IDENTIFICATIONA 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.
SIGN, REAL ESTATEA sign advertising property on which it is located or a building thereon for sale, rent or lease.
SIGN, SPECIAL EVENTA temporary sign giving notice of a special event or activity of not more than quarterly occurrence.
SIGN, WALLAny sign painted on or attached parallel to the wall facing of a building and projecting not more than six inches.
SIGN, WINDOWA sign affixed on or located with respect to a window fronting a public way that is visible from the public way.
SPECIFIED ANATOMICAL AREASIncluded in the term are the following:
A. Unless completely and opaquely covered, human genitals, pubic region and buttocks; and
Even if completely and opaquely covered, male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIESAny 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.
SPORTSMEN'S CLUBA 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."
STABLE, PRIVATEAn 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.
STREETAny public way dedicated to public travel greater than 20 feet in width.
STREET LINEA 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.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground or attachment to something having location the ground.
SUBSURFACEBelow 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.
THEATERA building or part of a building devoted to presenting entertainment on a paid admission basis.
THEATER, DRIVE-IN OUTDOOROpen land with its appurtenant facilities devoted to the showing of motion pictures to patrons seated in automobiles.
TRAILER, BOATA vehicle designed exclusively for the transportation of one boat of less than ten-foot beam and twenty-four-foot length.
TRAILER, CAMP OR TRAVELA 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.
TRAILER, CARGOA vehicle, not over 70 square feet in floor area, used for the hauling of cargo.
UNDERGROUND INJECTIONSubsurface 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.
USE, ACCESSORYA 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.
USE, NONCONFORMINGAn 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.
VARIANCEAn 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.
WINDMILLA 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.