The DB Downtown Business District is established to accommodate
general retail service, finance, insurance and real estate and related
structures and uses in the Village's historic central business district.
A.
In the DB District, no building or other structure or land shall
be used and no building or other structure shall be built for any
purpose other than the following:
(1)
Apartment or other dwelling, provided that such dwelling is not located
on that portion of the ground floor of any building that faces the
fronting street. Rear portions of the ground floor of buildings may
be used for residential purposes provided that the space used for
such purposes is not within 50 feet of the front of the building.
(2)
Home occupations as defined herein, subject to the provisions of § 185-92. The area used for home occupation shall not exceed 15% of a dwelling unit.
(3)
Car wash.
(4)
Bowling alleys, dance halls or similar recreational establishments
entirely enclosed within a building.
(5)
Financial establishments, including banks, credit agencies other
than banks, security and commodity brokers, dealers and services.
(7)
Insurance carriers, agents, brokers and services.
(8)
Coin-operated laundries and dry cleaners.
(9)
Offices.
(10)
Places of assembly.
(11)
Parking and storage garages.
(12)
Real estate establishments.
(13)
Retail trade, including building materials and hardware; general
merchandise food stores; apparel and accessory stores; furniture;
home furnishing and equipment; eating and drinking places, including
bars and restaurants; and miscellaneous retail stores, including the
making of articles to be sold at retail on the premises, provided
that any such manufacturing or processing shall be incidental to a
retail business and not more than five persons shall be employed in
such manufacturing or processing.
(14)
Salesrooms or shops of a builder, contractor or artisan, provided
that no equipment is stored out-of-doors.
(15)
Service establishments, including personal services, miscellaneous
business services, miscellaneous repair services, motion-picture theaters,
amusement and recreation services, medical and other health services,
legal services and miscellaneous services.
(16)
Theaters, other than drive-ins.
(17)
Accessory uses and buildings customarily incidental to the above
permitted uses.
C.
Prohibited uses. Any use not specifically permitted shall be prohibited.
A.
No minimum lot area is required.
B.
No minimum lot width is required.
C.
No maximum lot coverage requirements shall apply.
D.
The maximum floor area ratio shall be 0.6.
E.
There shall be no front setback requirement beyond what may be required
to comply with the codes of New York.
F.
Rear setback.
[Amended 10-22-2019 by L.L. No. 2-2019]
(1)
A rear setback requirement of not less than 15 feet shall apply in
any instance in which a lot or parcel without an existing primary
structure shall be newly-developed or improved with a new building
or structure.
(2)
A rear setback requirement of not less than 15 feet may be varied
or reduced by action of the Lima Planning Board in any instance in
which an existing primary structure or appurtenant lands located on
a lot or parcel in the Village Downtown Business District is to be
renovated, modified or improved. The Code Enforcement Officer shall
not have authority to approve such reduction or variation of the required
setback, but the Code Enforcement Officer must refer such request
to the Planning Board for consideration. Variation or reduction of
the required rear setback area shall be at the reasonable discretion
of the Planning Board, which Board may request the applicant or requesting
party to agree to conditions or restrictions as a requirement of giving
its approval to reduce or vary the standard setback requirement.
(3)
In considering an applicant's request to vary or reduce the standard
rear setback area, the Planning Board shall be required to contact
and solicit the opinion of any property owner abutting or adjoining
the lot or parcel on which the applicant's structure is to be located
as to the proposed setback variation. Reasonable objections of adjoining
or abutting landowners shall be given substantial weight in considering
the application to vary the standard rear setback area.
(4)
As may be applicable, in considering an applicant's request to vary
or reduce the standard rear setback area, the Planning Board shall
be required to contact and solicit the opinion of the Lima Historic
Preservation Commission as to the proposed setback variation. Reasonable
objections of the Lima Historic Preservation Commission shall be given
substantial weight in considering the application to vary the standard
rear setback area.
(5)
In evaluating and considering an applicant's request to vary a rear
setback area requirement, the Planning Board shall be authorized to
require submission of a site plan and conduct a site plan review.
(6)
This regulation is intended to give flexibility to the Planning Board
to permit improvements that will be useful and attractive to the community,
and to help insure that such permission will not be detrimental to
any adjoining landowner, occupant, or the Village at large. This power
shall be discretionary on the part of the Planning Board, and cannot
be interpreted as a mandatory consideration.
(7)
Upon making a determination to vary or reduce the required rear setback
area, or upon determination that the Planning Board chooses not to
consider such request for a variation of setback area as being not
in the interests of the public, such decision shall be reduced to
writing and entered in the official minutes of the Planning Board.
G.
No minimum side setback are required, beyond what may be required
to comply with the codes of New York.
H.
No building or structure shall exceed 35 feet in height.
I.
Lots abutting residential districts. All buildings constructed on
lots which abut residential districts, either at the side or rear,
shall be so located as to conform in respect to the abutting yard
with the side or rear requirements, as the case may be, for the residential
district against which the lot abuts.
J.
Corner lots. All nonresidential buildings and other structures built on corner lots shall conform to the requirements of § 185-77.
K.
No building used or intended for use for retail purposes shall exceed
13,000 in gross floor area.
Off-street parking shall be provided as required by § 185-74, except that the Planning Board may reduce or waive these requirements upon a determination, during site plan review, that sufficient parking is available in municipal lots or on the street to serve the proposed use.
The Zoning Board of Appeals, after a public hearing, may approve, modify and approve or disapprove a plot plan as required by § 185-95A(2) of this chapter so as to provide that the depths and widths of front, side and rear setbacks be modified so as to permit the harmonious development of two or more adjacent parcels of land as a shopping unit.
The Zoning Board of Appeals, without public hearing, may review a plot plan as required by § 185-95A(2) of this chapter of the use of land or the extension of buildings or structures situated in the DB Districts which, at the time of the enactment of this chapter, were occupied by a use permitted in the DB Districts and modify the provisions of §§ 185-27 and 185-28 so as to permit the use of land and structures in harmony with the character of existing uses on adjacent premises within the intent and purpose of this chapter.
A.
Design principles. New construction, redevelopment and building renovations
in the Downtown Business District shall be consistent with the following
general design principles. These principles shall provide guidance
to the Planning Board in its site plan review process.
(1)
Buildings, structures, sites, signs and public spaces should be designed
to:
(a)
Retain, reflect and enhance the dominant aesthetic or visual
qualities of the neighborhood.
(b)
Encourage and promote a sense of design continuity that appropriately
relates the historic past of the neighborhood to ongoing revitalization
and redevelopment efforts.
(c)
Appropriately relate proposed development to existing designs,
styles, building forms and land uses.
(d)
Encourage and promote the sensitive and contextual design of
buildings, signs, sites and public spaces through the use of design
elements, details, styles and architectural features as well as other
amenities, materials or treatments that may be appropriate to further
the design standards. Blank end walls should incorporate building
components or design features. Blank rear walls should be screened
with landscaping.
(e)
Encourage a pedestrian-oriented and human-scaled streetscape.
(f)
Promote safe pedestrian movement, access and circulation. Public
walking areas, including streets, sidewalks and public rights-of-way
should be highly visible and clearly defined. Pedestrian areas and
vehicle parking areas shall be lit by lighting of an appropriate scale,
design, color, and intensity.
(g)
Encourage and promote the use of predominant existing building
materials within the neighborhood and the predominant existing building
materials, architectural features and windows on specific structures
as a guide in determining appropriate replacement and new construction
materials. To the maximum extent possible, all replacement windows
in elevations visible from any public right-of-way should match the
original windows in size, materials, and configuration.
(h)
Protect, respect, and expand the design of green space, landscaping
and open space within the Village and encourage public and private
development that enhances this character with landscape design details
such as trees, lawns, and plantings.
(i)
Improve the ambiance and visual qualities of the Village's commercial
areas by increasing density, encouraging consistent setbacks, and
promoting consistent streetscape design.
(j)
Promote preservation of historic buildings to enhance and promote
the history, culture and architecture of the Village.
B.
Building design standards. The CEO and the Village Planning Board
shall be guided by the following design standards in approving or
disapproving applications for either new construction or external
structural or facade alterations to buildings located in the Downtown
Business District. In applying the principles, the CEO and the Planning
Board shall consider whether the proposed alteration or construction
is compatible with the structures on the property and or the surrounding
properties with regard to the following:
(1)
Height. The height of a building shall be compatible with the surrounding
buildings.
(a)
Generally, maximum building height shall not be greater than
the taller of the next two abutting structures on each side of the
building site, provided such structures are in conformance with bulk
regulations of the Zoning District.
(b)
Generally, minimum building height of a street facade shall
not be less than the lower of the next two abutting structures on
each side of the building site, provided such structures are in conformance
with bulk regulations of the zoning district.
(c)
In case of inconsistencies, new construction should be compatible
with the buildings on either side.
(2)
Scale. The relationship of a building and its elements to human size,
form, and perception.
(a)
A new building shall be compatible with the surrounding buildings.
The scale and proportion of building facades, design and materials
used in new construction should complement that used in existing buildings
and characterizing the neighborhood in which the building is located.
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(3)
Proportion. The relationship among the dimensions of various building
and facade elements and relationship of the height to the width of
the building.
(a)
Front facades. The relationship of the width of a building to
the height of the front elevation shall be compatible with surrounding
buildings.
(b)
New facades should include base, middle and top levels and coordinate
the relative height of these facade elements ("datum lines") with
those of adjacent and nearby buildings.
(c)
Openings. The relationship of the width of windows and doors
to their height shall be compatible with the surrounding buildings.
All architectural openings, including windows, doorways, arches and
porch framing, should be constructed with their height equal to or
greater than their width and framed by appropriately scaled lintel
or arch at the top and sill at the bottom. Additionally, flat trim
surrounding window openings shall be a minimum nominal four inches
in width. When new construction is an addition, trim shall be compatible
with that of the existing building.
(4)
Rhythm. The pattern resulting from repeated elements such as window
and door openings, columns, arches, and other facade elements.
(a)
The rhythmic relationship between a building's facade elements
shall be compatible with the surrounding buildings. In cases where
new construction occupies more than one house lot, the rhythm of the
separate building units existing on the street shall be carried across
the facade. Some of the ways this may be achieved include the grouping
of openings in clusters, the employment of openings in wall planes,
or the use of structural bays.
(b)
Rhythm of openings refers to the number and spacing of windows
and doors in a facade. Typical Colonial, Georgian, Federal and Greek
Revival style buildings have a symmetrical facade with equally spaced
openings per floor. Additions to an existing building should maintain
the original rhythm of openings. If a renovation to an existing building
is planned, the rhythm should not be changed by the removal or addition
of openings.
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(c)
Original windows should be retained whenever possible. When
new windows are proposed to replace existing window units, compatible
replacements are recommended. New windows that duplicate existing
windows in location, size, shape and number of panes are preferred,
especially when only a few windows in a facade are being replaced.
This applies to both additions and restorations.
(d)
The rhythm and proportions of architectural openings should
complement that of adjacent buildings, and concentrate windows and
openings at the street level. Facade design should incorporate a primary
material and an easily recognizable pattern (with subpatterns or subtle
variations for larger scale buildings). Breaks or fluctuations in
pattern or materials may be used to draw attention to entrances or
special facade elements.
(6)
Facade composition.
(a)
When possible, buildings shall maintain alignments of the horizontal
elements of adjacent buildings.
(b)
All sides of a building shall be architecturally designed to
be consistent in regards to style, materials, colors and details.
(c)
Corner buildings shall be considered significant structures,
given that they have at least two front facades visible from the street.
As deemed appropriate by the Planning Board, such buildings may be
designed with additional architectural embellishments, such as corner
towers, chamfers, or other features to emphasize their location and
serve as a visual focal point for the Village.
(d)
A facade shall not exceed 36 feet in width without a change
in facade plane. Changes in facade planes shall be no less than 1.5
feet in depth and eight feet in length.
(e)
Transparency. A minimum of 60% of all first floor facades with
street frontage shall consist of pedestrian entrances, display windows
or windows affording views into retail, offices, gallery or lobby
space. The building wall subject to transparency requirements shall
include the portion between three feet and 10 feet above the sidewalk.
Blank walls should be avoided and lively facades encouraged.
(f)
Windows.
[1]
Windows shall be vertically proportioned wherever possible.
Upper story windows shall be vertically aligned with windows and doors
on the ground level, including storefront or display windows.
[2]
Windows shall be transparent. At the discretion of the Planning
Board, stained glass or other accenting transparent material may be
approved.
[3]
First floor windows shall permit views into the buildings.
[4]
Storefronts and entrances shall be oriented toward the street
and should be well lit to provide a clear presentation to pedestrians.
(g)
Entrances.
[1]
Storefronts and entrances shall be oriented toward the street
and should be well lit to provide a clear presentation to pedestrians.
[2]
There shall be one primary entrance for each business located
on the front facade.
[3]
Entrances shall be clearly defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, balustrades, and other appropriate features.
(7)
General massing. Massing deals with the volume created by sections
of a building. For example, a simple Colonial style house may be a
single mass, but a Victorian style house with turrets, wings, cross
gables has varied mass. The relationship of a building to open space
between it and adjoining buildings shall be compatible with the character
of the surrounding area.
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(8)
Directional expression. The directional expression of a building
shall be compatible with the dominant horizontal or vertical expression
of the surrounding buildings.
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(9)
Roofs.
(a)
Rooflines shall be simple and consistent with the building style.
(b)
Gable roofs shall have a minimum pitch of 6/12. Steeper pitches
are encouraged and shall be consistent with architectural style.
(c)
Overlapping end gables must be separated a minimum of six feet
unless covering a porch or stoop.
(d)
Flat roofs shall have an articulated cornice which projects
horizontally from the top of the building wall on all walls visible
from the public realm.
(e)
Architectural embellishments consistent with the style, such
as dormers, masonry chimneys, cupolas, clock towers, and other similar
elements are encouraged.
(10)
Awnings.
(a)
Awnings shall be permitted at building entrances and windows.
(b)
Awnings shall be made of flexible woven, natural or synthetic
materials.
(c)
Awnings shall be illuminated only by exterior building lighting.
(d)
Awnings shall not impede the free flow of pedestrian traffic
on the sidewalk nor extend a distance greater than six feet from the
building wall, nor shall they be lower than 10 feet in height from
the base elevation of the sidewalk.
(12)
Utilities. Air-conditioning units, HVAC systems, exhaust pipes
or stacks, elevator housing, and satellite dishes and other telecommunications
receiving devices shall be thoroughly screened from view from the
public right-of-way and from adjacent properties. Screening shall
be architecturally compatible with the style, materials, colors, and
details of the building.
(13)
Building materials:
(a)
Materials used in new construction shall be compatible with
those used in the surrounding area.
(b)
Natural materials such as brick, stone, wood and stucco are
preferred, as they maintain the traditional Village character.
(c)
In the case of existing historic buildings, architectural features
should be restored with colors and finishes appropriate to the historic
character of the building.
(14)
Additions.
(a)
Additions to existing buildings should be located such a manner
so as to preserve the front facade of the existing building. Additions
should not eliminate original stories particularly where exposed to
public view. Additions should be designed to be compatible with the
original structure.
(b)
Additions do not have to be replicas of the existing building.
Additions of a different style than the existing that are compatible
in scale, materials, or roof shapes could be appropriate. Utilizing
the advice of an architect may ensure a compatible design.
