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Lima Town City Zoning Code

ARTICLE X

Mining, Quarrying and Land Excavation Districts Q

§ 250-51 Purpose.

[Amended 4-3-2014 by L.L. No. 2-2014]
The Mining, Quarrying and Land Excavation District Q is established to permit extractive industries and to restrict them to areas of the Town in which such activities are deemed to be not likely to constitute a nuisance or be detrimental to neighboring properties; provided, however, that nothing in Article X shall be construed to authorize or allow within the Town natural gas and/or petroleum extraction activities, natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facilities, a natural gas and/or petroleum exploration, extraction or production wastes dump, a natural gas compression facility, a natural gas processing facility, or any other explicitly prohibited uses.

§ 250-52 Permitted uses.

A. 
Sand, stone, and gravel mining, topsoil stripping, and all uses, buildings and structures permitted in Agricultural Use Districts and Land Conservation Districts L-C shall be permitted within the Mining, Quarrying and Land Excavation District Q; provided, however, that the foregoing is not intended and shall not be construed to authorize or allow within the Town natural gas and/or petroleum extraction activities, natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facilities, a natural gas and/or petroleum exploration, extraction or production wastes dump, a natural gas compression facility, a natural gas processing facility, or any other explicitly prohibited uses. All such uses are permitted upon approval of site and construction plans by the Planning Board, and such approval may be granted only after ascertaining that the proposed use shall be made in such manner as will not constitute a nuisance or be detrimental to neighboring properties.
[Amended 4-3-2014 by L.L. No. 2-2014]
B. 
Notwithstanding any other provision of this chapter, for purposes of promotion and preserving the public health and safety and to encourage the appropriate use of land throughout the Town, the calculation of area for purposes of this use and use district classification shall exclude lands lying between the center line and street line of the appurtenant highway(s) or right(s)-of-way.
C. 
Such accessory buildings and structures shall be permitted as are customarily and ordinarily incident to uses of an extractive nature, except that all buildings, structures, machinery, equipment and explosives shall be suitably fenced, stored and isolated against trespass to prevent injury to person and property.

§ 250-53 Area, setback and height restrictions.

A. 
Uses, buildings and structures permitted in Agricultural Use District A and Land Conservation District L-C shall be governed by setback, area and height restrictions as specified in § 250-13 and § 250-43, except where such uses are made or to be made in conjunction with an extractive use or by an employee, agent or participant in such extractive use which is being made within the same Mining, Quarrying and Land Excavation District Q.
B. 
No use of an extractive nature shall be maintained to a greater dimension than is depicted or upon land upon which such a use is not depicted upon an instrument survey or other acceptable map submitted and approved in support of an application for a certificate of occupancy.
C. 
No use of an extractive nature shall be maintained at a distance of less than 300 feet from a public highway or from any neighboring property.

§ 250-54 Additional restrictions and requirements.

A. 
All excavations shall be fenced in a manner sufficient to protect against trespass and to prevent injury to person and property.
B. 
Any building or structure containing explosive materials or substances shall be visibly marked as so containing and shall be completely fenced and locked at all times in such a manner as to protect against trespass and to prevent injury to person and property.
C. 
No excavation shall be abandoned and no extractive use shall be indefinitely ceased without first obtaining approval of the Planning Board after inspection by the Code Enforcement Officer. Approval shall be granted upon the Planning Board ascertaining that suitable provision has been made to protect against injury to person and property. A public hearing and public notice shall not be required.

§ 250-55 Prohibited uses.

[Amended 4-3-2014 by L.L. No. 2-2014]
Explicitly prohibited uses, and any use not specifically set forth in § 250-52 above as a permitted use (as of right, accessory, or upon special permit, as the context may admit), shall be prohibited within Mining, Quarrying and Land Excavation Districts Q.