Temporary permits may be issued by the Code Enforcement Officer
for a period not exceeding one year for nonconforming uses incidental
to housing and construction projects, including such structures and
uses as storage of building materials and machinery, the processing
of building materials and a real estate office located on the tract
being offered for sale, provided that such permits are conditioned
upon agreement by the owner or operator to remove the structure or
structures or use upon expiration of the permit. Such permits may
be renewed yearly upon application to the Code Enforcement Officer
for an additional period of one year.
A.
Continuation of nonconforming use. Except as specifically provided in this section, any use of land or a building or structure or part thereof existing at the time of enactment of the 1963 Village of Lima Zoning Ordinance or existing as of the date this present chapter becomes effective if, and only if, such nonconforming use was created subsequent to February 18, 1963, and prior to the date this chapter becomes effective and such nonconforming use was created in full accordance with the requirements of the 1963 Zoning Ordinance, may be continued, subject to the provisions of Subsections D, E and F of this section, although such building or structure or use does not conform to the provisions of the district in which it is situated.
B.
Discontinuance of use. When a nonconforming use has been discontinued
for a period of not less than one year, it shall not thereafter be
reestablished, and the future use shall be in conformity with the
provisions of this chapter.
C.
Automobile wrecking and junkyards. Notwithstanding any other provision
of this chapter, any nonconforming automobile wrecking yard or other
junkyard in existence at the time of the adoption of this chapter
or any amendment thereto shall be discontinued within three years
from the date of such adoption or amendment.
D.
Change of nonconforming use. No nonconforming use shall be changed
to other than a conforming use for the district in which it is situated.
E.
Maintenance of a nonconforming use. A nonconforming use is hereby
required to be maintained in such condition as will not constitute
a danger to the safety, health or general welfare of the public. Alterations
and extensions of the nonconforming use, undertaken for the express
purpose of conforming to and complying with the provisions of this
section, are permitted, provided that such alteration or extension
shall not tend to increase the inherent nuisance, nor shall such alteration
or extension violate any provisions of this chapter regarding setbacks,
lot area or lot coverage for the district in which it is situated
or to increase any existing violation of such provision.
F.
Any building or structure containing a nonconforming use or any structure
consisting of a nonconforming use which is damaged by fire, flood,
wind or other act of God or man to the extent of 50% or more of its
fair sales value immediately prior to damage shall not be reoccupied,
reused and/or reconstructed, except in conformity with the provisions
of this chapter. In the event that the Code Enforcement Officer's
estimate of the extent of damage or fair sales value is not acceptable
to the applicant for the building permit to repair or reconstruct
such building or structure, the extent of damage or fair sales value
shall be determined by a board of three arbitrators, one who shall
be named by the Planning Board, one by the applicant for the building
permit and one by the first two arbitrators named. In the event that
the first two arbitrators cannot agree upon a third member within
five days, the third arbitrator shall be named by the Village Board.
A decision in which at least two of the arbitrators concur shall be
deemed the official decision of this Board.
G.
Any building or structure containing a nonconforming use, or any structure constituting a nonconforming use which is damaged by fire, flood, wind or other act of God or man to an extent of less than 50% of its fair sales value immediately prior to damage shall not be repaired or reconstructed, except in conformity with this chapter, unless such reconstruction is completed within 12 months of the damage. In the event of a dispute, the extent of damage or the fair sales value will be determined in the manner as set forth in Subsection F.
H.
Any legally existing apartment building or multiple dwelling as such are defined in this chapter located within any district other than an M-R District, thus constituting a nonconforming use, shall hereafter comply with the provisions of § 185-46D and E, regulating maintenance of grounds and refuse requirements, and § 185-74B, regulating parking requirements.
I.
No building or structure designed for or intended to be utilized
for a nonconforming use shall be constructed, reconstructed or altered
unless construction, reconstruction or alteration is already underway
at the time of the enactment or subsequent amendment of this chapter
and is being diligently prosecuted so that such building or structure
will be completed within 18 months from the time of the enactment
or subsequent amendment of this chapter. Irrespective of whether such
construction conforms to the terms of this chapter, any structure
so permitted shall be allowed to be completed in accordance with plans
filed at the time of the application for the permit. After filing
of plans with the Code Enforcement Officer, alteration or additions
to such plans, except as may be in conformity with the terms of this
chapter, shall not be permitted. Construction of buildings or structures
under construction at the time of the enactment of this chapter for
which permits are not obtained as provided above shall be stopped
30 days after the enactment of this chapter and thereafter be permitted
to continue only in accordance with the terms of this chapter after
the securing of a zoning permit as hereinafter provided.
J.
The limitations of Subsection I of this section shall not apply to a legal dwelling in existence as of the effective date of this chapter and so used as of that date which is nonconforming only in respect to setback space or area per dwelling and nonconforming to the district in which located, except that no building shall be altered, added to or reconstructed to extend farther into an already- deficient amount of land area per dwelling.
A.
General provisions.
(1)
Permanent off-street automobile storage, parking or standing space
shall be provided as set forth below at the time of the erection of
any building or structure, at the time any building or structure is
enlarged or increased in capacity by adding dwelling units, guest
rooms, seats or floor area or before conversion from one zoning use
or occupancy to another. Such space shall be deemed to be required
open space associated with the permitted use and shall not thereafter
be reduced or encroached upon in any manner. No required front setback
or portion thereof in any residential district shall be utilized to
provide parking space required in this chapter.
(2)
If the vehicle storage space or standing space required by this chapter
cannot be reasonably provided on the same lot on which the principal
use is conducted, the Board of Appeals may permit such space to be
provided on other off-street property, provided that such space lies
within 400 feet of the main entrance to such principal use. Such vehicle
parking space shall be deemed to be required open space associated
with the permitted use and shall not thereafter be reduced or encroached
upon in any manner.
(3)
Vehicle parking or storage maintained in connection with an existing
and continuing principal building or land use on the effective date
of this chapter shall be continued and may not be counted as serving
a new building, structure, addition or land use; nor shall any required
parking space be substituted for an off-street loading and unloading
space, nor any required loading and unloading space be substituted
for parking space.
(4)
In all instances in which the principal building or land use on the
effective date of this chapter shall include a mixed use in accordance
with this chapter (e.g., a commercial and dwelling use), the applicable
parking requirements shall be that pertaining to the use mandating
the greater number or ratio of parking spaces for such use.
(5)
The required parking space for any number of separate uses may be
combined in one lot, but the required space assigned to one use may
not be assigned to another use at the same time, except that 12 of
the parking space required for churches, theaters or assembly halls
whose peak attendance will be at night or on Sunday may be assigned
to a use which will be closed at night or on Sunday.
(6)
No off-street automobile parking or storage space shall be used or
designed, arranged or constructed to be used in a manner that will
obstruct or interfere with the free use of any street, alley or adjoining
property. Off-street parking shall not be created or located within
10 feet of a property line.
(7)
The parking spaces provided along with their necessary driveways
and passageways shall be paved in a manner adequate to eliminate dust
and mud problems. Plans for such parking spaces are to be included
with the plans for the construction of buildings and other structures
and are to be presented to the Code Enforcement Officer at the time
application for building permits are to be filed. Such parking areas
are to be kept free of obstructions and unsightly objects. Intersections
of parking areas with sidewalks or street pavements must be made in
an approved manner. Provision must be made for the adequate drainage
of parking areas.
(8)
No commercial motor vehicle of more than a one-ton capacity shall
be parked or stored overnight in any residential district.
(9)
Except as permitted in § 185-10A(1) and (2), automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any district other than in completely enclosed buildings.
B.
Number of parking spaces required for specific uses:
(1)
Amusement facilities: one parking space for every five customers
computed on the basis of maximum servicing capacity at any on time,
plus one additional space for every two persons regularly employed
on the premises.
(2)
Apartment houses and multifamily dwellings: two off-street parking
spaces for each dwelling unit. Except as otherwise provided in this
section, any structure(s) or building(s) in which more than one dwelling
unit is contained shall be subject to the requirements of this subsection.
(3)
Auditoriums: one parking space for every five seats occupied at maximum
capacity.
(4)
Boardinghouses: one parking space for each sleeping room occupied
by roomers or boarders, plus one parking space for each dwelling unit
on the premises, plus one additional space for every two persons regularly
employed on the premises.
(7)
Civic centers: parking or storage for all vehicles used directly
in the operation of such establishment, plus four parking spaces for
the first 1,000 square feet of total floor area and one additional
space for every additional 150 square feet of floor area.
(8)
Clubhouses and permanent meeting places of veterans, business, civic,
fraternal, labor and other similar organizations: one parking space
for every 50 square feet of aggregate floor area in the auditorium,
assembly hall and dining room of such building, plus one additional
space for every two persons regularly employed on the premises.
(9)
Colleges (educational institutions): one parking space for every
five seats occupied at maximum capacity in the assembly hall, auditorium,
stadium or gymnasium of greatest capacity on the campus. If the institution
has no assembly hall, auditorium or gymnasium, one parking space shall
be provided for each person regularly employed at such institution,
plus five additional spaces for each classroom.
(10)
Dental clinics: three parking spaces for each doctor or dentist,
plus one additional space for every regular employee.
(11)
Dormitories: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements as set forth in Subsection B(9).
(12)
Eating establishments: one parking space for every 100 square
feet of total floor area.
(13)
Electrical shops: parking or storage space for all vehicles
used directly in the conduct of the business, plus one parking space
for each two persons regularly employed on the premises.
(15)
Freight terminals: parking or storage space for all vehicles
used directly in the business, plus one parking space for each two
persons regularly employed on the premises.
(16)
Funeral homes: parking or storage space for all vehicles used
directly in the conduct of the business, plus one parking space for
every two persons regularly employed on the premises and one space
for every six seats in the auditorium or chapel of such establishment.
If the establishment does not have a chapel or auditorium, the additional
parking to be required for funeral visitors shall be determined by
the Board of Appeals based on the number of funerals that can be handled
at one time, the size of the facilities and other relevant factors.
(17)
Hospitals: one parking space for every two beds intended for
patients, excluding bassinets.
(18)
Hotels: one parking space for each sleeping room offered for
tourist accommodations, plus one for each dwelling unit on the premises.
(19)
Indoor retail businesses: parking or storage space for all vehicles
used directly in the conduct of such business, plus four parking spaces
for the first 1,000 square feet of total floor area and one additional
space for every additional 150 square feet of floor area.
(20)
Industrial plants and facilities: parking or storage space for
all vehicles used directly in the conduct of such industrial use,
plus one parking space for every three employees on the premises at
the maximum employment on a single shift.
(21)
Junior high schools (secondary): one parking space for every
five seats occupied at maximum capacity in the assembly hall, auditorium,
stadium or gymnasium of greatest capacity on the school grounds or
campus. If the school has no assembly hall, auditorium, stadium or
gymnasium, one parking space shall be provided for each person regularly
employed at such school, plus two additional spaces for each classroom.
(24)
Mobile homes: one parking space for each mobile home.
(28)
Nursing homes: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements for hospitals set forth in Subsection B(17).
(29)
Offices: one parking space for every 200 square feet of office
space.
(30)
Outdoor retail business: parking or storage space for all vehicles
used directly in the conduct of such business, plus one parking space
for every two persons employed on the premises in maximum seasonal
employment and such additional space as may be required by the Board
of Appeals based on the nature of the business and other related relevant
factors.
(33)
Private schools: one parking space for each person regularly
employed at such school, plus one additional space for each classroom.
(36)
Public garages (motor vehicle repair): indoor or outdoor parking
or storage space for all vehicles used directly in the conduct of
such business, plus three parking spaces for each person regularly
employed on the premises.
(43)
Self-service laundries and dry-cleaning self-service plants:
one parking space for every two washing machines and/or two dry-cleaning
machines.
(46)
Service stations — motor vehicle: parking or storage space
for all vehicles used directly in the conduct of such business, plus
one parking space for each gas pump: three spaces for each grease
rack; and one space for every two persons employed on the premises
at maximum employment on a single shift.
(56)
Transportation terminals: one parking space for every 100 square
feet of waiting room space, plus one additional space for every two
persons regularly employed on the premises.
(61)
Wholesale businesses: parking or storage space for all vehicles
used directly in the conduct of such business, plus one parking space
for each two persons employed on the premises based on maximum seasonal
employment.
On the same premises, with every building or structure or part
thereof hereafter erected and occupied for the purpose of business,
trade or industry, there shall be provided and maintained adequate
space for the parking of commercial vehicles while loading and unloading
off the street or public alley. Such space shall have access to a
public alley or, if there is no alley, to a street. Off-street loading
and unloading space shall be in addition to and not considered as
meeting a part of the requirements for off-street parking space. Off-street
loading and unloading space shall not be used or designed, intended
or constructed to be used in a manner to obstruct or interfere with
the free use of any street, alley or adjoining property. Off-street
loading and unloading space shall be provided as set forth below at
the time of erection of any building or structure and/or at the time
any building or structure is enlarged or increased in capacity.
A.
Freight terminals: one off-street loading and unloading space at
least 12 feet wide and 14 feet high for every 5,000 square feet of
total floor area. The length of such space shall be five feet longer
than the legal maximum length for commercial vehicles.
B.
Hotels: one off-street loading and unloading space at least 12 feet
by 35 feet by 14 feet high.
D.
Indoor markets: one off-street loading and unloading space at least
12 feet wide and 14 feet high for every 7,500 square feet or less
of total floor area. The length of such space shall be five feet longer
than the legal maximum length for commercial vehicles.
E.
Industrial plants: one off-street loading and unloading space at
least 12 feet wide and 14 feet high for every 10,000 square feet of
total floor area or as required by the Board of Appeals. The length
of such space shall be five feet longer than the legal maximum length
for commercial vehicles.
A.
No principal structure shall be erected on a lot which does not abut
on at least one street for a distance of not less than 40 feet.
B.
No principal structure may be built or erected directly behind another
dwelling having access on the same street and within 200 feet thereof.
"Directly behind another dwelling" means with more than 1/2
the width of the structure so placed.
C.
No building in the rear of a main building on the same lot may be
used for residential purposes.
A.
No lot, although it may consist of one or more adjacent lots of record,
shall be reduced in area to the extent that setbacks, lot area per
family, lot width, building area or other requirements of this chapter,
are not maintained. This subsection shall not apply when a portion
of a lot is required for a public purpose, or in the case of a clustered
subdivision approved by the Planning Board.
B.
No space applied or necessary under this chapter to satisfy the setback
or other open space requirements in relation to any building or area,
whether now or subsequently built or occupied, shall be counted as
part of a required open space in relation to any other building.
A.
In all districts, on a corner lot within the triangular area formed
by the center lines of streets from their intersection, as shown on
the schedule below, there shall be no obstruction to vision between
the height of 3 1/2 feet and the height of 10 feet above the average
grade of each street on the center line thereof. The requirements
of this section shall not be deemed to prohibit the construction of
any necessary retaining wall.
|
Sight Distance for Various Street Widths
| |
|---|---|
|
Street Right-of-Way
(feet)
|
Distance from Intersection
(feet)
|
|
50 or more
|
90
|
|
40 to 49
|
80
|
|
30 to 39
|
70
|
A.
Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts. However, the above shall not prevent issuance by the Board of Appeals of a temporary permit, under § 185-72, for a mixing plant in connection with a particular construction project for the period of its construction.
B.
Major excavating, grading or filling, as defined herein, shall not
be permitted in any district except with the approval of the Planning
Board.
A.
Authorization and application.
(1)
The Planning Board is hereby authorized, pursuant to § 7-725-a
of the Village Law, to review and approve, approve with modifications
or disapprove preliminary site plans and final site plans.
(2)
Prior to issuing a building permit for the construction of a building,
or for the alteration of a building if the area of any floor would
be increased 25% thereby, and prior to the issuance of a zoning permit
or certificate of occupancy for a change of use or occupancy of land
or a building such that the off-street parking facilities required
for that parcel would be changed, the Code Enforcement Officer shall
refer the site plans of the lot to the Planning Board for its review
and approval. Site preparation or the commencement of construction
prior to the termination of proceedings under this article is prohibited.
The construction or alteration of a one- or two-family dwelling is
hereby exempted from this article; and, except for a one- or two-family
dwelling, no zoning permit, building permit or certification of occupancy
shall be issued except in compliance with the standards and procedures
set forth in this article.
B.
Application for preliminary approval.
(1)
Any preliminary application for site plan approval shall be made,
in writing, to the Code Enforcement Officer and shall be accompanied
by the following information:
(a)
One area map shall be provided showing the applicant's entire
holding, that portion of the applicant's property under consideration,
and all properties, subdivisions, streets and easements within 500
feet of the applicant's property.
(b)
If grades exceed 3% or if portions of the site have a moderate
to high susceptibility to erosion or a moderate to high susceptibility
to flooding and ponding, one topographic map, showing contour intervals
of not more than five feet of elevation, shall be provided.
(c)
A preliminary site plan which shall include the following information:
[1]
The title of the drawing, including the name and address of
the applicant.
[2]
The North point, scale and date.
[3]
The boundaries of the property plotted to scale.
[4]
Existing watercourses, wetlands, wooded areas, trees with a
diameter more than six feet above the ground, historic and archeological
features.
[5]
A site plan showing the location, proposed use and height of
all buildings; the location of all parking and truck loading areas,
with access and egress drives thereto; the location of pedestrian
walkways; the location of outdoor storage, if any; the location of
all existing or proposed site improvements, including drains, culverts,
retaining walls and fences; a description of the method of sewage
disposal and the location of such facilities; the location and size
of all signs; the location and proposed development of buffer areas;
and the location and design of lighting facilities. In addition, the
site plan must state the gross floor area and net floor area for each
building and delineate and state the area of each use therein, including
flex space, if any.
(2)
The Planning Board may, in its discretion, waive such of the foregoing
as may not be necessary in the interest of the public health, safety
or general welfare, or for proper review of the application.
(3)
The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act (SEQR) and implementing regulations
thereunder. An application for preliminary site plan approval shall
not be considered complete, and the review period shall not begin
to start, until either a negative declaration has been made or a draft
environmental impact statement has been filed.
(4)
Where a preliminary site plan contains one or more features which
do not comply with the provisions of this chapter, applications may
be made to the Zoning Board of Appeals for an area variance without
the necessity of a decision or determination of an administrative
official charged with the enforcement of zoning regulations.
C.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site plan shall include
but is not limited to the following considerations:
(a)
The adequacy and arrangement of vehicular traffic access and
circulation, including intersections, road widths, channelization
structures and traffic controls.
(b)
The adequacy and arrangement of pedestrian traffic access and
circulation, including the separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
(c)
The location, arrangement, appearance and sufficiency of off-street
parking and loading areas.
(d)
The location, arrangement, size and design of buildings, lighting
and signs.
(e)
The adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or a noise-deterring buffer
between these and adjoining lands.
(f)
In the case of an apartment house, townhouse or multiple dwelling,
the adequacy of usable open space for playgrounds and informal recreation.
(g)
The adequacy of stormwater, water supply and sanitary waste
disposal facilities.
(h)
The adequacy of structures, roadways and landscaping in areas
with a moderate to high susceptibility to flooding and ponding and/or
erosion.
(i)
The protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(2)
In its review, the Planning Board may consult with the Village Engineer
and other Village, town and county officials, as well as with representatives
of federal and state agencies, including the USDA Natural Resources
Conservation Service and the New York State Department of Conservation.
The Planning Board may require that the exterior design of all structures
be made by or under the direction of a registered architect, whose
seal shall be affixed to the plans.
(3)
When reviewing a site plan because of a change in the use or occupancy
of land, a building or any portion thereof, the Planning Board shall
consider the impact of the proposed change upon other uses within
the same building or parcel. To the extent practical, the Planning
Board may require such modification thereto as will promote the most
efficient use of land consonant with compliance with the provisions
of this chapter.
D.
Modifications. The Planning Board may require such additional provisions
and conditions that appear necessary for the public health, safety
and general welfare.
E.
Action on preliminary application.
(1)
Upon receipt of an application for preliminary site plan approval
the Planning Board shall refer such application to the Livingston
County Planning Board in accordance with General Municipal Law § 239-m.
(2)
The Planning Board shall comply with the provisions of SEQR and implementing
regulations thereunder. An application for preliminary site plan approval
shall not be considered complete, and the review period shall not
begin to start, until either a negative declaration has been made
or a draft environmental impact statement has been filed.
(3)
Within 62 days of receipt of a complete application for preliminary
site plan approval, the Planning Board shall act on it. If no decision
is made within 62 days of receipt of a complete application for preliminary
site plan approval, the preliminary site plan shall be considered
approved. The Planning Board's action shall be in the form of a written
statement to the applicant stating whether the preliminary site plan
is conditionally approved. A copy of the appropriate minutes of the
Planning Board shall be a sufficient report.
(4)
The Planning Board may recommend in its statement desirable revisions
to be incorporated in the final site plan, conformance with which
shall be a condition of approval. If the preliminary site plan is
disapproved, the Planning Board's statement shall contain the reasons
therefor. The Planning Board may recommend further study of the site
plan and resubmission of the preliminary site plan to the Planning
Board after it has been revised or redesigned.
(5)
No modifying of existing stream channels, filling of lands with a
moderate to high susceptibility to flooding, grading or removal of
vegetation in areas with a moderate to high susceptibility to flooding,
grading or removal of vegetation in areas with a moderate to high
susceptibility to erosion or excavating for or constructing of site
improvements shall begin until the developer has received final site
plan approval. Failure to comply shall be construed as a violation
of this chapter and, where necessary, final site plan approval may
require the modification or removal of unapproved site plan improvements.
(6)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a preliminary site plan. Such conditions must be met in connection
with the issuance of permits by applicable enforcement agents or officers
of the Village.
F.
Application for final detailed site plan approval.
(1)
After receiving conditional approval from the Planning Board on a
preliminary site plan and approval for all necessary permits and curb
cuts from state and county officials, the applicant may prepare his
final detailed site plan and submit it to the Planning Board for approval;
except that if more than six months has elapsed between the time of
the Planning Board's report on the preliminary site plan and if the
Planning Board finds that conditions have changed significantly in
the interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision prior
to accepting the proposed final site plan for review.
(2)
The final detailed site plan shall conform substantially to the preliminary
site plan that has received preliminary site plan approval. It should
incorporate any revision or other features that may have been recommended
by the Planning Board at the preliminary review. All such compliances
shall be clearly indicated by the applicant on the appropriate submission.
G.
Action on final detailed site plan application.
(1)
Within 62 days of the receipt of the application for final site plan
approval for a site plan in substantial conformity with the previously
approved preliminary site plan, the Planning Board shall render a
decision to the Code Enforcement Officer. If no decision is made within
the sixty-two-day period, the final site plan shall be considered
approved.
(2)
If the final site plan is not in substantial conformity with the previously approved preliminary site plan, the Planning Board may determine to treat the application as an application for preliminary site plan approval and act thereon pursuant to Subsection E of this section.
(3)
Upon approving an application for final site plan approval, the Planning
Board shall endorse its approval on a copy of the final site plan
and shall forward it to the Code Enforcement Officer, who shall then
issue or cause to be issued a building permit to the applicant if
the project conforms to all other applicable requirements.
(4)
Upon disapproving an application, the Planning Board shall so inform
the Code Enforcement Officer and he shall deny or cause to be denied
a building permit to the applicant. The Planning Board shall also
notify the applicant, in writing, of its decision and its reasons
for disapproval. A copy of the appropriate minutes may suffice for
this notice.
The storage of alcohol, gasoline, crude oil, liquefied petroleum
gas or any other highly flammable liquid in aboveground tanks in an
amount greater than 550 gallons shall be prohibited in all districts
unless such tanks up to and including 10,000 gallons' capacity are
placed not less than 50 feet from all property lines and unless all
such tanks of more than 10,000 gallons' capacity are placed not less
than 100 feet from all property lines. Any such storage having a capacity
greater than 550 gallons shall be properly dyked with earthen dykes
having a capacity not less than 1 1/2 times the capacity of the
tank or tanks surrounded.
For applicable regulations regarding cesspools and septic tanks,
refer to the County Sanitary Codes.
For applicable supplementary regulations relating to private swimming pool as an accessory use, refer to Chapter 159, Swimming Pools.
In a residential district or on the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms of § 185-55 for a fair, carnival or circus for a period not to exceed four days in any calendar year.
B.
Cellar occupancy prohibited. It shall be unlawful to occupy all or
any part of a cellar for sleeping purposes.
C.
Basement occupancy. Any basement area used for sleeping purposes
shall have not less than two means of egress, at least one of which
shall be a door giving access to an open area whose service is at
least eight inches below the level of the basement floor. Each basement
room used for living purposes shall have a combined window area, opening
to the outside, equal to not less than 1/10 of the floor area of such
room.
D.
Slope of yards. No building containing dwelling units shall henceforth
be constructed, nor shall any existing building be altered so as to
contain dwelling units unless the surface grade of the front yard
at the front wall of such building is more than 18 inches above the
street grade. The surface of the front yard shall slope toward the
street grade. Where there is unusual difficulty in meeting this provision,
the Zoning Board of Appeals without public hearing may accept a substitute
gradient, provided that no minus gradient is established within 25
feet of the front wall or within six feet of either side wall of the
building.
Hotels, where allowable under this chapter, shall conform to
the following requirements:
A.
Area. The minimum land area per establishment shall be five acres.
For each rental room in excess of 12, this land area shall be increased
by not less than 2,500 square feet.
B.
Frontage. The minimum frontage per shall be 400 feet.
C.
Front setbacks. There shall be a minimum front setback of 150 feet
into which there shall be no encroachment of automobile parking and
of structures other than a fence, wall or sign not larger than 20
square feet and no other encroachment of commercial usage.
D.
Side and rear setbacks. No structure shall be placed closer to a
side or rear property line than 25 feet. For each story the height
of structures exceeds two, the offset from the side and rear property
lines shall be increased by 10 feet.
No driveway or other means of access for vehicles other than
a public street shall be maintained or used in any residential district
for the servicing of any use located in a DB, GB District or an M
District.
The following provisions are applicable to all districts:
A.
No tower shall exceed the height of 35 feet as measured from the
ground surface.
B.
Maximum allowed per lot is one per lot.
C.
The tower shall be located on the same site as it services.
D.
Any such tower shall be confined to the rear yard of any lot and
shall be at ground level.
E.
No tower can be constructed, erected or maintained except as an accessory
structure to an existing one family dwelling on the same lot.
F.
No tower shall be allowed on a corner lot.
G.
Lots must be of sufficient size to allow for a side line setback
and setback from existing structures equal to the height of the tower
measured from the base at ground level plus five feet, with a minimum
side setback or rear yard setback being eight feet from any guy wire.
H.
All towers shall be suitably protected by anti-climb fencing, and
a landscape planting screen shall be provided and maintained around
the structure and accessory attachments.
I.
No tower installation shall be permitted except by building permit
from the Village Building Inspector after being reviewed by the Planning
Board.
J.
The Planning Board of the Village of Lima is empowered to designate
the exact location of the tower to be installed or maintained and
to require any screening or other procedure in order to reduce or
eliminate aesthetic damage to the community which may result from
said installation or maintenance.
K.
Application for the permit must include construction drawings showing
proposed method of installation, structural engineering analysis and
site plans depicting structures and plantings on the property and
all adjacent properties.
L.
The applicant shall present documentation of possession of any license
required by federal, state or local agencies.
M.
Should this section or any phrase, clause or subsection thereof conflict
with any FCC ruling regulating or governing the placement and erection
of such towers, the FCC ruling or regulation shall supersede this
section only insofar as such phrase, clause or subsection of this
section is in direct conflict with such FCC ruling or regulation.
No wind towers or energy creating devices attached to a tower
are allowed in the Village of Lima.
No outdoor solid-fuel heating device or outdoor woodburning
furnace shall be permitted within the Village of Lima.
Home occupations shall conform to the following provisions:
A.
There shall be no display of goods visible from the street.
B.
There shall be no exterior advertising other than one unlighted sign
not over two square feet in area. Such sign may be flat against or
attached to the dwelling or a freestanding sign.
C.
There shall be no exterior storage of materials or other indications
of such home occupation or any other deviation from the residential
character of the premises.
D.
There shall be no offensive noise, vibration, smoke, dust, odors,
heat or glare producers.
E.
There shall be no equipment, device or object used that will cause
interference with normal reception of radio or television broadcast
signals or in any other way create an electronic nuisance on any other
premises.
F.
Such home occupation shall be conducted only in the principal building
by a person or persons residing therein.
G.
Such home occupations shall not cover more than 15% of the usable
floor area.
