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.
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.
C. Hospitals: as in Subsection
B.
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.
F. Retail business: as in Subsection
B.
G. Service establishments: as in Subsection
B.
H. Trucking terminals: as in Subsection
A.
I. Warehouses: as in Subsection
D.
J. Wholesale storage facilities: as in Subsection
D.
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.
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.