The present tense shall include the future; the singular number
shall include the plural and the plural the singular. The word "shall"
is always mandatory.
Certain words and terms used in this chapter are defined for
the purposes thereof, as follows:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
Forty-three thousand five hundred sixty square feet.
The production of crops or plants or vines and trees.
The keeping, grazing, feeding and care of animals other than
household pets, limited to cats; dogs; songbirds and tropical birds
traditionally kept as pets; fish; small reptiles such as turtles,
snakes and lizards, except as regulated by NYS law; and small rodents
such as gerbils and hamsters.
One unit within an apartment house or building.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other, but
having common hallways and entrances. These are distinguished from
condominiums in that there are no common elements and from townhouses
in that no land is owned by the individual tenant.
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.
When referring to the required area per dwelling unit, the
net land area or the area exclusive of streets and other public open
space.
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 and boats.
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 establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption within the
premises.
A portion of a building or story thereof partly underground
but having at least 1/2 of its height above the average outside ground
level.
See "signs."
The line of that face of a principal building nearest the
street line. In the case of a corner lot, any building line nearest
to a street line shall be considered a front building line.
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 residential
district, any dwelling shall be deemed the principal building on the
lot on which the same is situated.
An area of land and/or a structure with machine- or hand-operated
facilities used principally for cleaning, washing, polishing or waxing
of motor vehicles.
An amusement show, usually traveling from place to place,
having sideshows, Ferris wheels, merry-go-rounds, 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.
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 structure designed for the practice of medicine 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 person or persons designated by the Village of Lima to
perform those duties of enforcing the provisions of this chapter.
Living units as defined by Article 9-B of the Real Property
Law, entitled the "Condominium Act," as the same may be amended from
time to time. All definitions in said Condominium Act are incorporated
herein by reference.
That percentage of the lot covered by the building area.
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 services 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
DWELLING, ONE-FAMILYA detached building designed for the use of 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, TWO-FAMILYA building having two side yards and accommodating but two families, with one family living over the other.
DWELLING, MULTIFAMILY— 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, SEMIDETACHEDA detached building containing two dwelling units separated by a party wall, each having one side yard.
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A college, university or institute giving general academic
instruction and/or vocational training. Included within this term
are areas or structures used 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.
A building or group of buildings, usually with equipment,
where goods are manufactured or assembled.
An occasional or periodic competitive exhibition of farm
products and livestock, usually accompanied by amusement features
and for which an admission fee is charged.
A person living alone or two or more persons regularly and
customarily living together as a single housekeeping unit in a dwelling
unit, as distinguished from a group occupying a hotel, club, boardinghouse
or lodging house, a fraternity or sorority house or a nursing home.
Any parcel containing 10 acres or more of land which is used
for gain in the raising of agricultural crops, trees and/or nursery
stock, livestock, poultry or dairy products.
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.
Numerical value obtained by dividing the gross floor area,
exclusive of cellars or basements used only for storage and utilities
within a building or buildings on a lot by the area of the lot.
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.
See "yard sale."
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 the streets as officially
established by the Village, county or state highway authorities.
The complete surfaces of lawns, walks and roads brought to
grades as shown on official plans or designs relating thereto.
The maximum horizontal area of a building at ground level,
excluding storage space, open porches, terraces, steps, roof overhangs
and attached or built-in garage areas.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. Home occupations may be construed
to include: dressmaking, millinery, home cooking, musical instruction
limited to a single pupil at a time, art studios and activities of
a similar nature. Home occupations shall not be construed to include
barbershops and beauty parlors, public stables, kennels, animal hospitals,
restaurants and tea rooms, musical instruction to groups, dancing
instruction to groups, nursing homes, nursery schools, motor vehicle
repair or parking and storage garages, plumbing or electrical shops
or other trades or businesses of a similar nature, nor shall any customary
home occupation be construed to include that which requires the presence
in the home of machinery or equipment normally associated with commercial
or industrial activities.
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.
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment and shall
exclude 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 10 acres where less than 8% by
weight of the feed stuffs consumed by and of the litter used for the
animals is grown on the premises.
An area, lot or unenclosed shed where junk, waste, discarded
or salvaged materials are bought, sold, exchanged, sorted, baled,
packed, disassembled, handled or abandoned, including auto wrecking
yards, used lumber yards and places or yards for use of salvaged homewrecking
and structural steel materials and equipment and places or yards where
two or more unlicensed, disabled, dismantled or partly dismantled
vehicles are situated unhoused; but not including pawn shops and establishments
for the sale, purchase or storage of used furniture, household equipment
and clothing, for the processing of used, discarded or salvaged materials
as part of manufacturing operations or for the sale, purchase or storage
of used motor vehicles or salvaged machinery to be reused for the
purposes for which originally manufactured.
Any premises on which three or more dogs over four months
of age are kept.
A business premises equipped with individual clothes washing
and drying and/or cleaning machines for the principal use of retail
customers.
The gross area of the floors of a dwelling, not including
the area of porches, garages, cellars, basements, breezeways, furnace
rooms and areas used as permitted offices and for home occupations.
A piece or parcel of land considered as a unit, unoccupied
or occupied by a building or group of buildings that are united by
common interest or use and the customary accessories and open spaces
belonging to the same.
Any operation (other than in connection with foundations
for a structure or highway construction) involving:
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 or not less than
600 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 flat bed 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.
Any lot on which two or more mobile homes are located regardless
of whether or not a charge is made for such accommodations.
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,
tea rooms 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 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, or body and fender work.
An unoccupied space open to the sky required by the terms
of this chapter.
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.
Any area, building or structure where people assemble for
a common purpose, such as social, cultural, recreational and/or religious
purposes, whether owned and/or maintained by a for-profit or not-for-profit
entity, and includes, but is not limited to, public assembly buildings
such as auditoriums, theaters, halls, private clubs and fraternal
lodges, assembly halls, exhibition halls, convention centers, and
places of worship, or other areas, buildings or structures that are
used for religious purposes or assembly by persons.
A porch open on 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 piece or parcel of land, including all buildings and structures
thereon.
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.
An individual who principally lives in a dwelling in the
Village of Lima.
An individual living area within a structure, said area having
one or more rooms providing independent living facilities for one
family, including facilities for cooking, living and sleeping. Structures
that have more than one living unit (multifamily dwelling[s], two-family
dwelling[s] and apartments) shall be considered to have the same number
of residential living units as the number of families which are intended
to be able to occupy the premises independently of each other.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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 private
corporation meeting the requirements of the state.
The same as "elementary school," except that secondary education
is provided.
Any school having regular sessions with regularly employed
instructors who, as a 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 private 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) or the center line of the adjacent highway or right-of-way,
depending upon the determination of the boundary lines of the lot
of record (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 lot line 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 structure or part thereof, 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 any political,
educational, charitable, philanthropic, civic, professional, religious
or like organization on the property thereof.
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.
A sign advertising the sale of farm products raised on the
premises.
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.
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
if not more than a quarterly occurrence.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure.
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.
The officially established grade of the street or road upon
which the lot fronts. If there is no officially established grade,
the existing grade of the street or road at the midpoint of the frontage
of the lot shall be taken as the street grade.
The right-of-way line of a street as indicated by dedication,
appropriation or by line of actual occupation.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
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.
Includes any tower, edifice, pole or other structure, whether
attached to a building or freestanding, whether by guide wires or
self-supporting, designed to be used and/or for support of devices
to be used for the transmission and/or reception of radio frequency
signals and, but not limited, to broadcasting, shortwave, citizens
band, FM or television signals or to support devices such as energy
convertors, wind speed and/or direction indicators.
A structure arranged for not less than three nor more than
eight townhouse units, each separated by party walls.
Two or more townhouse buildings located on a parcel or parcels
of land in one ownership at the time of application for site plan
approval and having any yard, court, street or other improvements
in common.
An individual dwelling in a townhouse building with provisions
for living, sanitary and sleeping facilities arranged for the use
of one family.
Single-family dwellings which are attached units constructed
to one building or a group of buildings which are located on a separate
lot with zero side setbacks and having common elements for the use
of all residents.
A vehicle or portable structure not over 256 square feet
in floor area equipped but not regularly used for sleeping.
A vehicle designed exclusively for the transportation of
one boat, snowmobile, motorcycle, ATV or other similar equipment with
less than ten-foot beam and a twenty-four-foot length.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
An occasional sale held open to the public by one not in
the business of selling or trading goods or products from on the premises,
for the purpose of selling or trading such goods or products, whether
new or used, manufactured, homemade or grown on or off the premises,
other than a formal auction held by a professional auctioneer. The
term "yard sale" is intended to include any such sale of goods or
products sold in or from a yard, garage, porch, house, barn or stand.
