Lima Town City Zoning Code
ARTICLE XIII
Special Use Permit Procedures and Criteria; Other Special Provisions
[Amended 4-3-2014 by L.L. No. 2-2014]
§ 250-65 Special use permit procedures and criteria.
A.
Procedures.
(1)
As provided by § 274-b of the Town Law, the Board of Appeals shall be authorized to issue special use permits for those uses listed in the district regulations as permitted with a special use permit.
(2)
To assist the Board of Appeals in its determination, an application for a permit under this section shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.
(3)
The Board of Appeals shall refer any request for a special use permit to the Planning Board for a report. Only after receipt of such requested report from the Planning Board or not less than 30 days after such referral in the event of the Planning Board's failure to act and after public notice and hearing under conditions set forth below, the Board of Appeals may authorize the issuance of a special use permit. The entire report of the Planning Board shall be read at the meeting at which the request for the special permit is considered by the Board of Appeals and included in the minutes. In any case where the Board of Appeals acts contrary to the recommendations of the Planning Board, the minutes shall include a resolution adopted by the Board of Appeals fully setting forth its reason for such contrary action.
(4)
The Board of Appeals shall conduct a public hearing within 62 days from the day an application is received. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Board of Appeals shall decide upon the application within 62 days after the hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board of Appeals on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
(5)
At least 10 days before such hearing, the Board of Appeals shall mail notices thereof to the applicant and to the county planning board, as required by § 239-m of the New York State General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in subdivision 1 of § 239-m of the New York State General Municipal Law.
(6)
The Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA).
B.
Conditions.
(1)
General conditions. Special use permits may be authorized by the Board of Appeals only upon satisfaction in each instance of such conditions as to the general character, height and use of structure; as to the provision of surrounding open space and the treatment of grounds; as to the general fitness of the structure or use to its proposed location; as to the provision for automobile parking or storage; and as to street capacity and use as, in the opinion of the Board, may be necessary to safeguard public health, comfort, convenience and as may be required for the preservation of the general character of the neighborhood in which such building and/or structure is to be placed or such use is to be conducted.
(2)
Use-specific conditions. In addition to the general conditions listed above, the Board of Appeals shall apply the criteria for the approval of specific special permit uses in §§ 250-65A through 250-71.
§ 250-66 Wind energy systems.
A.
Purpose. The purpose of this section is to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system and to allow for the orderly development of land, protect property values, and aesthetic conditions. This section does not repeal, annul, impair, or interfere with any existing ordinance or local law.
B.
Authority. The Town Board of the Town of Lima enacts this section under the authority granted by:
(1)
Article IX of the New York State Constitution § 2(c)(6) and (10).
(2)
New York Statute of Local Governments § 10(1) and (7).
(3)
New York Municipal Home Rule Law § 10(1)(i) and (ii) and § 10(1)(a)(6), (11), (12), and (14).
(4)
New York Town Law § 130(1) (Building Code), (3) (Electrical Code), (5) (Fire Prevention), (7) (Use of streets and highways), (7-a) (Location of Driveways), (11) (Peace, good order and safety), (15) (Promotion of public welfare), (15-a) (Excavated Lands), (16) (Unsafe buildings), (19) (Trespass), and (25) (Building lines).
(5)
The supersession authority of New York Municipal Home Rule Law § 10(2)(d)(3), specifically as it relates to determining which body shall have the power to grant variances under this chapter to the extent such grant of power is different than under Town Law § 267.
(6)
New York Town Law § 64(17-a) (protection of aesthetic interests), (23) (General powers).
(7)
The State Environmental Quality Review Act (SEQRA).
C.
Intent. The Town of Lima intends to accommodate the use of alternative and sustainable energy sources, including wind, while protecting the quality of life of residential neighborhoods and the viability of existing businesses, including agriculture. These regulations are intended to permit noncommercial wind energy systems subject to suitable restrictions regarding setbacks and height. Commercial wind energy systems are not permitted.
D.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL WIND ENERGY SYSTEM
A wind energy system that is operated primarily (51% or more) to put energy into the electric grid, and/or has a nameplate capacity of more than 50 kilowatts (kW), and/or a total height of more than 175 feet, and/or a blade length of more than 30 feet.
ELECTROMAGNETIC INTERFERENCE (EMI)
The interference to communication systems created by the scattering of electromagnetic signals.
NONCOMMERCIAL WIND ENERGY SYSTEM
A wind energy system that is operated primarily (51% or more) for on-site (may be for more than one parcel) consumption, and has a nameplate capacity of 50 kW or less, and a total height of 175 feet or less, and a blade length of 30 feet or less. These are also defined as wind energy conversion systems (WECS) or small wind energy production facilities.
ROTOR DIAMETER
The largest diameter formed by the blades when assembled and mounted on the wind energy system.
SHADOW FLICKER
The alternating pattern of sun and shade caused by wind tower blades casting a shadow.
STRAY CURRENT
Is the inappropriate application of current to the ground or earth. For the purpose of this article it is the measurable addition of current to ground resulting from improper installation or deterioration of the electrical portion of a wind energy system. The National Electrical Safety Code set the conditions that grounding connection points shall be so arranged that under normal circumstances there will be no objectionable flow of current over the grounding conductor. The National Electrical Safety Code set the conditions that earth (ground) should not be part of a supply circuit for both safety and service reasons. The most current revision of the National Electrical Safety Code shall apply.
TOTAL HEIGHT
The vertical distance from ground level to the tip of a wind turbine blade when the tip is at its highest point.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, substation, maintenance or control facilities, or any other components used in the system. A wind energy system can consist of one or more wind towers. Wind energy systems do not include small lawn decorations, pond aerators, or remaining portions of mechanical water pumping windmills.
WIND TOWER
The monopole, freestanding, or guyed structure that supports a wind turbine generator.
E.
Compliance. It is unlawful for any person to construct, install, maintain, modify, or operate a wind energy system that is not in compliance with this section or with any condition contained in a special use or zoning permit issued pursuant to this chapter.
F.
Commercial wind energy systems shall not be allowed in any area or zone within the Town of Lima.
G.
Permit requirements.
(1)
Special use permit. A special use permit is required for any wind energy system or a component thereof, except for noncommercial wind energy systems located in county-adopted state-certified agricultural districts for primary on-farm use.
(2)
Zoning permit. A zoning permit and site plan review are required for the installation of any wind tower that is part of a wind energy system.
(3)
Ownership. In cases where the owner of the property is not the applicant/owner of the wind energy conversion system, a clear order of liability will be established. A signed and notarized legal document from the owner of record of the property on which a wind energy system will be located shall be required which acknowledges liability for compliance to all requirements of this law if the applicant/owner of the wind energy system is unable to comply.
(4)
Expiration. A permit issued pursuant to this chapter expires if:
(a)
The wind energy system is not installed and functioning within two years from the date the permit is issued; or
(b)
The wind energy system is out of service or otherwise unused for a continuous twelve-month period.
(5)
Fees.
(a)
The application for a special use permit for a noncommercial wind energy system, except for noncommercial wind energy systems located in county-adopted state-certified agricultural districts, must be accompanied by the fee required for a special use permit.
(b)
The application for a zoning permit for each tower in a noncommercial wind energy system must be accompanied by the fee required for a zoning permit.
H.
Restoration requirement (see also Restoration section under Agricultural Mitigation).[1]
(1)
A wind energy system that is out of service for a continuous twelve-month period or any wind energy system found to be unsafe by the Building Code Enforcement Officer and not repaired by the owner to meet federal, state and local safety standards within six months will be deemed to have been abandoned. The Zoning Enforcement Officer may issue a notice of abandonment in form of a letter to the owner of a wind energy system that is deemed to have been abandoned. The Zoning Enforcement Officer will withdraw the notice of abandonment if the owner provides information within 30 days from the date of the notice that causes the Zoning Enforcement Officer to determine that the wind energy system has not been abandoned.
(2)
The owner of a wind energy system must provide the Zoning Enforcement Officer with a written notice of termination of operations if the operation of a wind energy system is terminated.
(3)
Within three months of receipt of notice of abandonment or within six months of providing notice of termination of operations, the owner of a wind energy system must:
(a)
Remove all wind turbines, aboveground improvements, and outdoor storage;
(b)
Remove all foundations, pads and underground electrical wires to a depth of four feet below the surface of the ground;
(c)
Remove all hazardous material as defined by New York State DEC from the property and dispose of the hazardous material in accordance with federal and state law; and
(d)
Ensure that all disturbed areas are decompacted and the topsoil replaced to original depth reestablishing original contours where possible.
[1]
Editor's Note: The reference appears to be to the "Restoration Guidelines" section of the New York State Department of Agriculture and Markets "Guidelines for Agricultural Mitigation for Wind Power Projects."
I.
Special use permit or zoning permit requirements. In addition to those criteria set forth under other sections of this chapter, the Zoning Board of Appeals and the Planning Board shall consider the following factors when setting conditions upon special use permits and site plans issued for all wind energy systems and may hire a professional engineer or consultant to assist in the review of an application at the applicant's expense:
(1)
Proposed ingress and egress.
(2)
Proximity to transmission lines to link the system to the electric power grid.
(3)
Number of wind towers and their location.
(4)
Nature of land use on adjacent and nearby properties.
(5)
Location of other wind energy systems in the surrounding area.
(6)
Surrounding topography.
(7)
Proximity to residential structures, residential zoning districts, or areas identified for future residential use.
(8)
Design characteristics that may reduce or eliminate visual obtrusiveness.
(9)
Possible adverse effects on migratory birds and other animals and wildlife.
(10)
Possible adverse effects of stray voltage, interference with broadcast signals, shadow flicker, and noise.
(11)
Impact on the orderly development, property values, and aesthetic conditions.
(12)
Possible adverse effects on groundwater quality or quantity.
(13)
Recommendations of the County Planning Board.
(14)
Any other factors that are relevant to the proposed system.
J.
Standards.
(1)
Location.
(a)
A wind energy system may be located in any area of the Town, provided that setback requirements are met.
(2)
Setbacks. Each wind tower in a wind energy system must be set back twice the height of each wind tower or 10 rotor diameters, whichever is longer (as measured from the center of the base of the tower), from the following:
(a)
From any state forest, public park, or any other area that has been set aside for the sole purpose of preserving a unique wildlife habitat or natural formation recognized by a state, federal or local government.
(b)
From important bird areas.
(c)
From the property line of the parcel on which the wind tower is located.
(d)
Of any public access building that is on any parcel.
(e)
From the right-of-way of any public road.
(f)
From any residence or building that is on any parcel.
(3)
Towers shall be designed and located to minimize visual impact from neighboring properties.
K.
Spacing and density. A wind tower must be separated from any other wind tower by a minimum distance equal to twice the height of the wind tower and by a sufficient distance so that the wind tower does not interfere with the other wind tower.
L.
Structure. A wind tower must be of monopole construction to the extent practicable. If monopole construction is not practicable, a wind tower must be of freestanding construction to the extent practicable. If monopole or freestanding construction is not practicable, a wind tower may be guyed.
M.
Height. The total height of a wind energy system shall not exceed 175 feet. Other maximum building/structure height restrictions within other sections of this chapter are not applicable.
N.
Clearance. The vertical distance from ground level to the tip of a wind turbine blade when the blade is at its lowest point must be at least 30 feet.
O.
Access and safety.
(1)
Security. A wind tower, including any climbing aids, must be secured against unauthorized access by means of a locked barrier. A security fence shall be required a minimum of eight feet in height.
(2)
Climbing aids. Monopole wind towers shall have all climbing aids and any platforms locked and wholly inside the tower.
(3)
Operational safety. Wind towers shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
(4)
Lightning. All wind towers shall provide a continuous electrical path to the ground to protect the tower from lightning.
(5)
Access roads. All wind energy systems shall use existing roads to provide access to the facility site, or if new roads are needed, minimize the amount of land used for new roads and locate them so as to minimize adverse environmental impacts.
P.
Electrical wires.
(1)
Location. All electrical wires associated with a wind energy system must be located underground and must be located in a manner that does not interfere with reasonably expected farm practices (see also Construction section under Agricultural Mitigation).[2]
[2]
Editor's Note: The reference appears to be to the "Construction Guidelines" section of the New York State Department of Agriculture and Markets "Guidelines for Agricultural Mitigation for Wind Power Projects."
(2)
Transmission lines. All wind energy systems shall combine transmission lines and points of connection to local distribution lines.
(3)
Substations. All wind energy systems shall connect the facility to existing substations, or if new substations are needed, minimize the number of new substations.
(4)
Stray current. Properly installed wind energy systems will not generate the form of electrical pollution often referred to stray or ground current. A measurement of before and after installation to ensure no gain in existing electrical pollution is required for all wind energy systems over 10 kW. Wind energy systems of any size may be measured on an on/off basis to resolve any complaint of electrical pollution. Mitigation must be immediate, with the wind energy system shut down until complete. Compliance to the National Electric Safety Code for both installation and testing protocol is required. The Code Enforcement Officer shall inspect wind energy systems every two years or upon request to ensure that this requirement is adhered to.
Q.
Lighting. A wind tower and turbine may not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA), other governmental agency, recognized safety guidelines (i.e., Mercy Flight), or the Planning Board. If lighting is required, the lighting must comply with FAA minimum requirements and, whenever possible, be at the lowest intensity allowed. If more than one lighting alternative is available, the Town Planning Board reserves the right to choose the least obtrusive lighting option available.
R.
Buildings and outdoor storage. Any ancillary buildings and any outside storage associated with a wind energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting, accessory buildings could be designed to look like barns). Appropriate landscaping or architecture shall be provided to screen accessory structures from roads and adjacent residences.
S.
Aesthetics.
(1)
Appearance, color and finish. The exterior surface of any visible components of a wind energy system must be a nonreflective, neutral color.
(2)
Visual impact assessment. The applicant shall complete a Visual Environmental Assessment Form (Visual EAF — SEQR), as well as a visual impact assessment of any proposed wind energy systems or any proposed modifications to existing wind energy systems. The visual impact assessment shall include assessment of visual impact from abutting properties and streets of the tower base, guy wires, accessory buildings and any other element of the wind energy system identified by the Town or County Planning Board or Town Board.
T.
Signs. No wind tower, turbine, building or other structure associated with a wind energy system may be used to advertise or promote any product or service. A weather-resistant signplate no greater than two square feet in size, containing the current owner or operator, emergency phone number, and current address of such owner/operator, shall be located on the exterior surface of the tower or of the fence surrounding each tower and viewable by a zoning enforcement officer. No other word or graphic representation, other than appropriate warning signs, may be placed on a wind turbine, tower, building or other structure associated with a wind energy system so as to be visible from any public road.
U.
Noise. Audible noise due to the operation of any part of a wind energy system shall not exceed 45 decibels (dBA) for any period of time, when measured at any residence, school, hospital, church, public park, public library or place of public assembly. Audible noise due to the operation of any part of a wind energy system shall not exceed 30 decibels (dBA) when measured inside any residence.
V.
Electromagnetic interference (EMI). No individual tower facility shall be installed in any location where proximity with existing broadcast, retransmission or reception antenna (including residential antenna) for radio, television, wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. Alternatively, wind energy systems shall be properly filtered or shielded in order to avoid electromagnetic interference and shall comply with rules and regulations of the Federal Communications Commission contained in 47 CFR Parts 15 and 18.
W.
Insurance. Prior to issuance of a building permit, the applicant shall provide the Town proof of a level of insurance, to be determined by the Town Board in consultation with the Town's insurer and Attorney, to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility. If the insured is not the owner of the property, the applicant must show the owner of the property as co-insured and must allow for the property owner to continue coverage if the applicant is unable to continue coverage.
X.
Tax exemption. The Town hereby exercises its right to opt out of tax exemption provisions of the Real Property Tax Law § 487, pursuant to the authority granted by paragraph 8 of that law.
Y.
Inspections. The Town Code Enforcement Officer or designated representative shall have the right at any reasonable time to enter the premises on which a wind energy system has been placed to inspect any and all parts of said installation. After conducting said inspection, the Code Enforcement Officer may order the owner of the wind energy system to render it inoperative for reasons related to safety, noise, electrical pollution or electromagnetic interference. If unable to contact the owner, the Code Enforcement Officer may execute an emergency shutdown procedure which has been provided in advance by the owner/applicant in the form of a clear and concise check sheet as part of the permit process. All liability for the execution of an emergency shutdown shall be with the owner of the wind energy system.
Z.
Penalties. Any person, firm, corporation or entity which may violate any provision of this article shall be guilty of a violation and, upon conviction thereof, shall be subject to the penalties set forth in this Code. Any person, firm corporation or entity which may violate any provision of this article shall become liable to the Town for any actual expense or loss or damage occasioned by the Town by reason of such violation, in addition to any actual losses or damages sustained by the Town; such expense shall also include but not be limited to statutory costs, disbursements and reasonable attorney's fees in the event legal action is commenced to enforce this article. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings to prevent a violation of this article or to restrain or enjoin the use or occupancy of premises or any part thereof in violation of this article.
§ 250-67 Setback exceptions for private garages on steep slopes.
Where the topography is such that the slope of the land exceeds 15% and, therefore, access to a private garage built in back of the front building line, as required by this chapter, is impracticable, it shall be permissible to place such building not exceeding 12 feet in height within the front yard space but not closer to the street line than 18 feet.
§ 250-68 Motels.
Motels, where allowable under this chapter, shall conform to the following requirements:
A.
Each rental structure shall contain at least eight rental units.
B.
Automobile parking space to accommodate not less than one car for each rental unit plus one additional space for every two persons regularly employed on the premises. In addition, if the motel includes restaurants, taverns or meeting rooms as accessory uses, parking for these uses shall be provided as required by § 250-77.
C.
Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures and those of any accessory uses shall be properly connected to the Town water and sewer system or approved water and septic system.
§ 250-69 Mobile homes.
The following shall apply in addition to all other regulations of the Town with respect to mobile homes:
A.
No mobile home shall be parked and occupied outside an approved mobile home court for more than 48 hours except upon a special permit issued by the Code Enforcement Officer. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.
B.
Any mobile home which is so situated as not to conform to the terms of this chapter shall not be replaced on its site by any other mobile home.
§ 250-70 Mobile home parks.
A.
General.
(1)
Mobile home parks may be maintained, expanded or created within the Town of Lima within an agricultural district as a special exception or permitted use. The expansion of existing mobile home parks shall be accomplished by compliance with the procedural requirements of § 250-65 of this chapter and by demonstration that all of the supplemental regulations and requirements of this section shall be met or exceeded.
(2)
It is the purpose of this section to provide minimum standards, regulations and requirements for development or expansion of new or existing mobile home parks. Nothing herein shall be interpreted or construed to suggest that the minimum standards set forth may not be varied by the developer of a new or expansion mobile home park in any manner that will reduce lot density, provide additional amenities or exceed the minimum standards in demonstrable fashion satisfactory to the Town of Lima. Nevertheless, under no circumstances shall the minimum standards be waived, reduced or abridged by the developer or any instrumentality of the Town of Lima.
(3)
This section shall not apply to nor be construed so as to permit the placement of a mobile home or collection of fewer than 10 mobile homes upon a parcel of land. It is intended that this section shall apply only to new or expanded mobile home parks. This section supplements existing or future ordinances, local laws, rules or regulations governing existing mobile home parks or mobile homes individually situate upon parcels of land as of the date of the enactment hereof. All local and state laws, rules, regulations and like legislation pertaining to standards pertinent to mobile homes, including but not limited to their construction, placement, fire rating, use and all other issues pertinent or applicable to the maintenance thereof, are supplemental to this chapter and shall remain in full force and effect, as amended from time to time.
B.
Procedure.
(1)
The proponent of any prospective mobile home park expansion or new mobile home park development must first follow and comply with the requirements of § 250-65 of this chapter. Subsequent to satisfactory completion of the requirements for § 250-65, the proponent of each new or expansion mobile home park must submit to the Planning Board for its review and approval a professionally prepared instrument survey map of the proposed mobile home park, which survey map shall show the metes and bounds of said area. Additionally, a professionally prepared plan shall be produced by the proponent of said mobile home park, substantially depicting the location of the utilities, amenities, roads, improvements and mobile home sites or lots to be situate thereon. As used in this section of this chapter, the term "professional" is intended to mean a person or firm qualified by experience and current New York State licensure to prepare such maps and site plans. The purpose of this requirement is to conclusively establish compliance with the requirements and standards of this section to the reasonable satisfaction of the Planning Board.
(2)
The Planning Board shall, in its reasonable discretion, be permitted to require reconfiguration of improvements, amenities, roads, utilities and mobile home sit locations.
(3)
Satisfactory completion of said survey and plan shall be evidenced by signature and approval for the Chairman of the Planning Board, and said survey and plan shall at minimum be placed in a permanent file to be maintained by the Town.
(4)
It is expressly established that the requirements and procedures of this chapter are supplemental to any laws, rules or regulations now or hereafter promulgated by the County of Livingston or any instrumentality of the State of New York. In such instance where the requirements for this chapter shall exceed any county or state requirements, it is intended that this chapter shall control.
C.
Tract requirements.
(1)
The minimum size of a new mobile home park or tract shall not be less than 50 acres. Expansions of existing mobile home parks upon contiguous lands shall not be less than 20 acres in size. A mobile home park must include or comprise a minimum of 10 mobile homes in order to be classified as a new mobile home park. Any extension of an existing mobile home park shall be governed by this section.
(2)
Any new or expanded mobile home park shall front upon a primary or collector road. A minimum required frontage of 400 feet thereon shall be required for any new mobile home park. The expansion of an existing mobile home park shall meet the same minimum frontage requirement if said expansion is accomplished through the purchase of new land for expansion from one or more parties controlling adjacent frontage or if the owner of said park controls or owns said frontage.
(3)
A front setback of at least 300 feet from the center line of the fronting public road shall be maintained, such that the nearest structure or mobile home lot of said park shall not be nearer to the center line of said road than 300 feet. Within the setback area shall be a landscaped buffer area, which shall contain trees and bushes and plantings of substantial size and number sufficient, in the reasonable discretion of the Planning Board. If not otherwise prohibited because of drainage or like difficulties, the developer may also make use of swales and earth bulwarks for screening purposes. The buffer area shall be planted in grass or low ground cover and mowed or maintained by the mobile home park owner at all times to maintain a tidy and presentable appearance.
(4)
A setback of at least 75 feet from any adjacent property line shall be established and the requirements set forth in Subsection C(3) pertaining to the development and maintenance of a landscaped buffer area shall apply to said setback areas.
(5)
Any new or expansion mobile home park shall be located and laid out so that no mobile home shall be closer than 500 feet to any existing single-family detached or two-family dwelling.
(6)
All interior roads shall be improved to the construction standards for minor streets set forth in the Chapter 220, Subdivision of Land, for the Town of Lima.
(7)
Entrances and exits shall be so located to provide a minimum sight distance on the adjacent public road in both directions from the interior road(s) at the point of intersection of not less than 300 feet.
(8)
Any new or expansion mobile home park shall provide a water reservoir or an approved water supply system for fire-protection use, which shall be certified as adequate by the Lima Fire Department. Public water supplies shall be utilized if available.
(9)
Any new or expansion mobile home park shall set aside 20% of the total acreage of the site as open space and recreation area. A portion of such area shall be set aside for and equipped as a playground. A building shall be constructed within such area for the common use of residents for recreational purposes and for storage space. Such building shall not contain less than 800 square feet of gross floor area or less than five square feet for each mobile home lot created within the park.
(10)
Sidewalks shall be constructed along at least one side of all interior streets having a minimum width of three feet in accordance with specifications of the Town Engineer. All such interior use roads shall be posted to maximum speed of 15 miles per hour.
(11)
Appropriate streetlighting shall be installed on interior streets, with the minimum number of lights being one at each intersection of interior streets with each other or with abutting public road and one at least every 200 feet where such intersections are more than 200 feet apart. The specific type or variety of streetlighting poles and/or fixtures shall be specified by the Planning Board in its reasonable discretion.
(12)
Adequate collector areas for refuse and trash shall be provided, with a minimum of one such site for each 10 mobile homes. Such refuse or trash collector areas shall be fully enclosed with a board fence not less than eight feet in height and vegetative screening deemed adequate by the Planning Board in its reasonable discretion. One width-end may be unenclosed to provide access for trash collection vehicles. All refuse and trash shall be deposited in such areas and shall not be accumulated or stored on mobile home sites. At a minimum, each refuse area must be emptied weekly.
D.
Lot requirements.
(1)
Density of more than five mobile homes per acre of land shall not be permitted, and no mobile home lot or site shall have an area of less than 6,000 square feet. Lot width and size may vary. Each lot must be located on an interior roadway. All mobile homes must be situate on said lot or site so as to be no closer to the interior roadway than 45 feet. The minimum width of each lot shall be no less than 50 feet. The minimum depth of each lot shall be not less than 100 feet. For purposes of clarity, this chapter does not permit a lot which shall conform to the minimum width and depth specified; rather one or the other minimum dimension shall be acceptable.
(2)
No mobile home shall be closer than 20 feet to another mobile home or other structure within the park.
(3)
Not more than one mobile home may be placed on any lot or site, and there shall be no detached accessory structures on a lot or site.
(4)
Each lot or site shall be provided with approved connections for water and sewer in accordance with the regulations of the Livingston County and New York State Departments of Health and electricity and telephone.
(5)
A surfaced parking pad shall be provided on each lot or site for one mobile home and two automobiles, with a hard-surfaced driveway a minimum of 156 feet wide extending from edge-of-road pavement to carport pad.
(6)
At least three shade trees of not less than two inches in diameter one foot above ground level shall be planted on each lot or site. Two of the three shade trees shall be planted and located along the interior roadway within 15 feet of the front lot line.
(7)
No boats, campers, travel trailers or recreational vehicles shall be parked or stored at any place within a mobile home park except in areas designated and approved for such storage as part of the site plan approval. Such areas shall be screened with fencing or vegetative screening of sufficient height, size and type as shall be acceptable to the Planning Board in its reasonable discretion. No unregistered or unlicensed motor vehicles shall be situate on the premises.
(8)
No front or side yard of any lot or site shall be used for storage purposes.
(9)
Home occupations shall not be permitted within a mobile home park. Only residential use shall be authorized.
E.
General requirements.
(1)
Permit for a mobile home park.
(a)
It shall be unlawful within the Town for any person or persons to construct or operate a mobile home park without first securing a written license from the Town Board and complying with the regulations of this chapter.
(b)
The application for such annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a fee set from time to time by resolution of the Town Board. Said mobile home park permit fee shall be reviewed annually by the Town Board and is subject to increase by resolution of said Town Board without requirement to amend this chapter. Thereafter, each mobile home shall be assessed on the tax rolls of the Town against the mobile home park owners in accordance with § 102 of the New York Real Property Tax Law. No other fees shall be charged against the mobile home owner; provided, however, that each mobile home is assessed and placed on the tax rolls, and the school, county, Town or state taxes have been paid for the current year. In the event that each mobile home is not on the tax rolls and the tax not paid for the current year, the mobile home park owner shall pay a monthly fee for each month or any portion thereof that each mobile home occupied a mobile home space, and the monthly fee therefor shall be paid at the commencement of each month.
(c)
The application for a license or renewal thereof shall be made on forms prescribed by the Town Board and shall include the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him to construct or maintain the mobile home park shall accompany the application). Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.
(2)
Inspection.
(a)
Before the new mobile home park or mobile home park extension commences operation, the Code Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter have been complied with and shall issue a certificate of occupancy. No use shall be permitted until such a certificate has been issued.
(b)
The Code Enforcement Officer shall be authorized to inspect the premises at will for code compliance determination but shall inspect no less than once each year. If the inspection shall yield any violation, the Officer shall notify the owner or operator of the mobile home park thereof in writing. The owner or operator shall have a maximum of 10 days in which to cure or satisfy such violation. Failure to cure or satisfy such violation within the prescribed period shall entitle the Code Enforcement Officer to suspend the owner's or operator's permit to operate the mobile home park.
(c)
If such violation(s) shall continue, the Town Board shall be authorized to revoke such license and order the mobile home removed or the mobile home park closed after notice and an opportunity to be heard.
(3)
Registration.
(a)
The park shall keep a record of all residents and occupants, noting:
[1]
The name and permanent address of each occupant.
[2]
The license numbers of all units or mobile home serial number.
[3]
The state issuing such license.
(b)
The park shall keep a copy of the registry available for inspection at any time by any authorized person.
§ 250-71 Motor vehicle repair garages; parking and storage garages; motor vehicle service stations.
A.
No public garage or motor vehicle service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street, if the entrances are on opposite sides of the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.
B.
All motor vehicle service stations shall be so arranged as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet or closer to any street line than 10 feet.
C.
No inoperative motor vehicles shall be kept on the premises of a motor vehicle service station for longer than two weeks.
D.
All waste material shall be stored within a structure or enclosed with fencing so as not to be visible from off the property.
E.
On any streets which provide access to gasoline pumps, all repair facilities shall be at least 15 feet farther from the street line than the side of the gasoline pumps farthest from the street line.
§ 250-72 Signs and billboards.
A.
Purpose and intent.
(1)
Protect and enhance Town appearance.
(2)
Encourage appropriate and compatible commercial speech signs and graphics.
(3)
Lessen objectionable competition in commercial speech sign size and placement.
(4)
Reduce the hazards of sign obstructions and distractions to motorists.
(5)
Create a more attractive business environment.
(6)
Protect the value of buildings and properties.
B.
General provisions. Signs are an accessory use only. Signs are not permitted as a principal use. Wherever located and whatever their nature, signs shall conform to the following:
(1)
No attached sign shall extend within a street or road property line unless said line is the building line, in which case signs may extend over the street or road property line for a distance not exceeding four feet.
(2)
No freestanding sign larger than eight square feet shall have less than three feet of open space at the bottom extending its entire length.
(3)
No sign shall exceed 10 feet in height, as measured from the top of said sign to the ground, including any pole or attaching structure, or extend above the facade of the building to which it is attached.
(4)
Freestanding signs shall not be located within 10 feet of the legal right-of-way of the abutting public road.
(5)
Advertising display upon a building or other surface shall be governed by the above regulations.
(6)
No new off-premises advertising signs or billboards shall be erected or permitted in any zone within the Town of Lima, except for those advertising a farm operation located within a county agricultural district.
C.
Rules for measuring signs.
(1)
Back-to-back signs or signs arranged back to back, diverging by less than 30° from a common point, may be counted as one sign.
(2)
The area of a sign consisting of insignia or other design, but without background, shall be calculated as the smallest circle possible of enclosing the insignia.
D.
Design and lighting of signs.
E.
Maintenance of signs. All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and repaired and free from all hazards, such as but not limited to faulty wiring and loose supports, braces, guys and anchors.
F.
Nonconforming signs.
(1)
Nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated unless such action changes a nonconforming sign to a conforming sign as provided herein. The failure to keep any such nonconforming sign in good repair within 30 days after due notification by the Code Enforcement Officer shall constitute abandonment of the sign. An abandoned sign shall not be reused and shall be removed by or at the expense of the property owner within 30 days of a demand from the Code Enforcement Officer.
(2)
If a project subject to development review is proposed for a parcel upon which a nonconforming sign is located, the reviewing board or agency shall require that said nonconforming sign(s) be brought into compliance as a condition of approval of the proposed development review(s).
(3)
Any sign that advertises a business that has been closed for more than six months shall be removed at the expense of the property owner within 30 days of a demand from the Code Enforcement Officer.
G.
Design standards. All signs erected and maintained in the Town of Lima shall be in accordance with the following sign design standards:
(1)
Signs that make use of or display moving or changing letters, symbols, pictures or messages, whether illuminated or nonilluminated, and self-illuminated signs (other than those with a light source concealed behind translucent glass, plates or similar material) or the use of flashing or intermittent lighting in connection with signs shall not be permitted. These provisions shall not be applied so as to prohibit a sign changing to show time or temperature.
(2)
Commercial speech signs and their supporting structures should be in harmony in style and scale with the architectural features of the buildings on which they are placed or to which they relate.
(3)
Signs should be appropriate to the types of activities they represent.
(4)
Layout should be orderly, and graphics should be of simple shape, such as rectangle, circle or oval.
(5)
No more than two typefaces should be used on any one sign or group of signs indicating one message.
(6)
The number of colors used should be the minimum consistent with the design.
(7)
No sign in a residential district may be illuminated.
(8)
If exterior sign lighting is provided, it shall be arranged to reflect away from the surrounding property and away from the public way and shall illuminate the sign from above.
(9)
The intensity of the light source shall not exceed that necessary to illuminate and make legible a sign from the public ways.
(10)
No sign shall be internally illuminated.
(11)
Groups of related signs should express uniformity and create a sense of harmonious appearance.
H.
Sign permit procedures.
(1)
Permit required. A sign permit shall be required prior to erecting a sign within the Town of Lima, except as provided below.
(2)
Exceptions. The following signs shall not require a permit:
(a)
Noncommercial speech signs, as defined and regulated in this section.
(b)
Signs advertising the sale, lease or rental of the premises upon which the sign is located, which sign shall not exceed six square feet in area. One such sign shall be permitted per premises. Where such signs are associated with a townhouse or condominium unit, the sign placement shall be set back at least five feet from the public way directly in front of the unit.
(c)
Temporary window signs.
(d)
One sign, not exceeding six square feet, bearing a legend such as "Open" or "Open for Inspection," on a premises being advertised for sale.
(e)
Two signs, not exceeding six square feet each, bearing a legend such as "Open" or "Open for Inspection," at locations other than the premises being advertised for sale. Such signs may be located within the right-of-way (between the curb and sidewalk) of the two closest intersecting streets, provided that they are placed so as not to interfere with sight distances. Each sign shall not be more than three feet in height.
(f)
Traffic control signs. Signs such as "No Parking," "Reserved Parking," "Parking Reserved for Handicapped Parking" and the like may be erected for commercial uses outside of the road right-of-way without a permit. The size of each such sign shall be limited to 1.5 square feet.
(g)
The following temporary commercial speech signs, provided that such signs are be executed as a ground sign or be affixed to a building:
[1]
Temporary signs on temporary buildings for uses incidental to construction work, provided that such signs are removed when the buildings are removed or upon completion or abandonment of the construction work. Such signs shall not exceed 20 square feet in area.
[2]
One ground or wall temporary site development sign to identify a development of real property, subject to the following conditions:
[a]
The maximum sign area shall be 20 square feet.
[b]
A ground sign shall be allowed only for and during the development of a vacant site.
[c]
A wall sign shall be allowed only for and during the redevelopment of an existing structure.
[d]
A ground sign shall be no higher than six feet above average grade, and a wall-mounted sign shall be no higher than 10 feet above average grade.
[e]
A temporary site development sign shall be oriented towards the public way in front of the site.
[f]
The information permitted is limited to project name, primary real estate agent, financial investors, general contractor, subcontractors, builder and architect and may include the words "Now Accepting Reservations" and a telephone number.
[3]
No sign erected pursuant to this subsection shall remain after the issuance of the last certificate of occupancy for the project, termination of work on the project, or 12 months from the date of sign erection, whichever occurs first.
(h)
Municipal signs.
(i)
Repainting or refacing of a conforming commercial speech sign, provided that the copy or logo does not change.
(j)
Replacement of commercial speech copy on a conforming commercial speech sign with noncommercial speech copy.
(3)
Sign permits; issuance by Code Enforcement Officer.
(a)
The Code Enforcement Officer shall have the authority to issue sign permits for any commercial speech sign permitted in any zoning district as specified in this section.
(b)
The Town of Lima Planning Board shall have the authority to approve all sign permit applications in conjunction with site plan review for signs associated with a project that requires site plan approval.
(c)
The Code Enforcement Officer shall have the authority to approve a modification to an approved sign site plan, provided that there is no change to either the number, location or total area of signs.
I.
Permitted signs.
(1)
In Land Conservation Districts.
(a)
A sign of an appropriate nature, but not larger than eight square feet, identifying any building or use permitted under this chapter.
(b)
A real estate sign, not larger than 12 square feet, only when placed on property for sale or rent.
(c)
A sign necessary for the identification of a public utility installation.
(d)
Signs incident to a legal process or necessary to the public welfare.
(e)
Noncommercial speech signs.
(2)
In Residence Use Districts.
(a)
Any sign permitted in Land Conservation Districts.
(b)
One home occupation sign not exceeding two square feet in area.
(c)
Temporary special event signs on site or premises of a special event sponsored by a church or other nonprofit institution. "Temporary" shall mean a period not to exceed 20 days from the first such date of display.
(3)
In Agricultural Use District A.
(a)
Any sign permitted in Land Conservation Districts.
(b)
Any sign validly erected and permitted in accordance with a special permitted use approved by the Zoning Board of Appeals and Planning Board, as indicated in this chapter.
(c)
No signage will be permitted in connection with a farm stand or farm market use except as permitted in the section of this chapter governing such use.
(4)
In General Business Use District B.
(a)
Signs as permitted in Residence Use Districts.
(b)
The type and quantity of signs permitted in General Business Use District B shall be authorized as set forth in §§ 250-72 and 250-73 of the Code of the Town of Lima.
(c)
The requirements set forth in §§ 250-72 and 250-73 shall continue to apply to the regulated signage permitted in the General Business Use District B.
(5)
In planned development districts. Signs permitted in planned development districts shall be limited to noncommercial speech signs and signs which relate, as determined by this chapter, to specific uses authorized in established planned development districts.
(6)
In Industrial Use Districts.
(a)
The type and quantity of signs permitted in the Industrial Use District shall be authorized as set forth in §§ 250-72 and 250-73 of the Code of the Town of Lima.
(b)
One home occupation sign not exceeding four square feet in area.
(c)
The requirements set forth in §§ 250-72 and 250-73 shall continue to apply to the regulated signage permitted in the Industrial Use District.
J.
Noncommercial speech signs.
(1)
Noncommercial speech signs may be allowed on any residential lot, provided that such signs do not interfere with vehicle sight distances from, along or to a public way.
(2)
Noncommercial speech signs in commercial and industrial districts.
(a)
In lieu of commercial copy, any conforming commercial speech sign may have placed upon it noncommercial speech copy.
(3)
Noncommercial speech signs for nonresidential, noncommercial and nonindustrial uses may be allowed in any district without a permit, provided that such signs do not interfere with vehicle sight distances from, along or to a public way.
K.
Billboard signs.
[Added 1-3-2013 by L.L. No. 1-2013]
(1)
As defined in this Code, no new billboard sign may be erected or permitted in any zoning use district in the Town of Lima. Additionally, no existing billboard sign may be altered, modified or converted to electronic or digital format or style, and no existing billboard sign may be internally illuminated. Billboard signs are understood to be a nonconforming use, and all billboard signs erected in the Town of Lima as of the year 2012 are nonconforming uses.
(2)
If any billboard sign located in the Town of Lima as of January 1, 2012, is substantially damaged or destroyed (except through action or vandalism by a third party) such that the sign is no longer standing, or if the sign face is substantially destroyed, the sign may not be repaired or replaced but must be removed and discontinued. It is incumbent upon the owner of the nonconforming billboard sign to maintain such sign in good condition or repair at all times, as destruction or substantial damage to a billboard sign resulting from insufficient maintenance or weather-related damage will not be permitted grounds for repair or replacement of billboard signs.
§ 250-73 Signs permitted in General Business Use District and Industrial Use District.
The following regulations shall apply to all commercial speech signage to be located in the General Business Use District and in the Industrial Use District areas located within the Town of Lima.
A.
Business identification signs. On any single parcel or lot, unless specifically noted otherwise, only one of the following types of signs shall be permitted to be erected, subject to the requirements and conditions noted:
(1)
Wall signs. A wall sign is attached to the wall or face of a building. It may be composed of lettering and symbols affixed directly to the structure or may be a separate sign.
(a)
One wall sign, not to exceed two square feet for each linear foot of width of the front of the wall of the building or portion of the building occupied by the business or a maximum of 60 square feet, whichever is less. For buildings set back more than 100 feet from the front property line, an additional 10 square feet of sign area shall be permitted for each 10 feet of additional setback.
(b)
For multiple-story buildings, wall signs shall only be permitted on the ground floor.
(c)
The sign should identify the owner of the enterprise conducting the business, the business engaged in upon the premises or products or services sold, or any combination of these.
(d)
Where a building has frontage on more than one street or public highway, one wall sign is permitted for each street frontage.
(e)
A wall sign may be used to identify more than one occupant or tenant of a multiuse building, provided that the total permitted area of wall signage is not exceeded. In the event that more than one business or occupant or tenant is identified, each such business or occupant or tenant must utilize a portion of the one permitted wall sign. The various signs comprising the wall sign area are required to be similar in form, such that they collectively appear to be one wall sign.
(f)
In the event that more than one building is located on a single parcel or lot, each building may have a wall sign, except that only one such wall sign shall be permitted if only one business or occupant uses or operates within such separate buildings.
(g)
In the event that the wall sign is not attached directly to the building wall but is intended to project there from the following, additional requirements shall apply.
[1]
Such sign or signs shall not project more than two feet from the wall to which they are connected.
[2]
Such sign shall be at least eight feet to the bottom of the sign above the ground level immediately below and shall not in any way interfere with normal pedestrian or vehicular traffic.
[3]
There shall be not more than one projecting sign for each business or public entrance.
[4]
The supporting structure shall not be included in calculation of the sign area.
(2)
Awnings and/or canopy signs. Awnings and/or canopy signs are movable or fixed ornamental rooflike structures extended from the face of a structure and constructed of durable materials, including fabrics, which may contain their own illumination and may display lettering or other business insignia. No part of any awning or canopy shall:
(a)
Project more than three feet from the structure face to which it is attached.
(b)
Extend above the height allowed for structures in the respective zoning districts.
(c)
Extend into any setback areas.
(d)
Be lower than eight feet above the ground elevation of the wall face of the structure to which it is attached.
B.
On-premises freestanding sign. In addition to the permitted signage allowed pursuant to Subsection A of this section, one freestanding on-premises business sign shall be permitted, pursuant to the following requirements and conditions:
(1)
The freestanding sign must display the name(s) of the business or businesses located on said parcel of land and may briefly signify the type of business conducted. For example, the business name may be followed by a designation such as "professional land surveyors and engineers," "print shop," "fabric shop," etc.
(2)
Such sign shall be no larger than 60 square feet in area and shall not project more than 10 feet in height above the natural grade upon which the sign is located.
(3)
The proposed sign's construction shall complement the architectural style and materials for the building it will serve.
(4)
The proposed sign shall be subject to Planning Board review through the site plan approval process. In determining the design, location and hours of illumination, the Board shall be guided by other pertinent sections of these regulations.
(5)
Only one such sign shall be permitted on each lot or parcel. In the case of a lot occupied or intended to be occupied by multiple business enterprises (i.e., a community shopping center or plaza), one freestanding sign indicating the name of the development and the individual businesses, with a short designation of the nature of each such business, shall be permitted.
(6)
Such a sign may be double-faced.
(7)
All freestanding signs shall be located at least 10 feet from any property line. Where property abuts a public right-of-way, the freestanding sign shall be set back at least 10 feet from the legal right-of-way line.
(8)
The location of the sign shall be situated so as not to interfere with visibility for vehicular/pedestrian traffic entering or leaving the lot or traveling on any street.
C.
Directional signs. Signs which are provided exclusively for direction shall be permitted, provided that such sign(s) do not exceed two square feet in area. Such signs may indicate the entrance and exit to the property and location of parking. Such signs shall not project more than four feet in height above the natural grade on which the sign is located and shall be no closer than five feet to any property line.
D.
Temporary advertising or promotional banners. Temporary advertising or promotional banners shall be permitted, subject to the following restrictions and qualifications:
(1)
Only one such sign shall be displayed by any business at one time.
(2)
The size of any such banner shall not exceed 10 feet in length or three feet in width.
(3)
No temporary advertising banner shall be permitted to be in place for a period exceeding six weeks, and in any one year such special banners shall not be permitted for an aggregate period exceeding 12 weeks.
E.
No sign permit shall be required for such temporary advertising or promotional banner. Sandwich-board-style signs are prohibited.
§ 250-74 Temporary uses and structures.
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 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.
§ 250-75 Nonconforming uses and structures; preexisting, legal nonconforming natural gas and/or petroleum extraction activities.
[Amended 4-3-2014 by L.L. No. 2-2014]
A.
Continuation of nonconforming use. Except as provided in Subsections B, C and K of this section, any use of the land or a building or structure or part thereof existing at the time that this chapter or any amendment hereto becomes effective 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 provision 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 in order to comply 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 provision of this chapter regarding setbacks, lot area or lot coverage for the district in which it is situated or 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 provision of this chapter.
(1)
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 of whom shall be named by the Planning Board, one by the applicant for the building permit, and one by the first two arbitrators named.
(2)
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 Town Board. A decision in which at least two of the arbitrators concur shall be deemed the official decision of the panel of arbitrators and shall be binding upon the Code Enforcement Officer.
G.
Any nonconforming building or structure 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 repaired or reconstructed except in conformity with the provisions of this chapter. In the event of dispute, the extent of damage or fair sales value shall be determined in the same manner set forth in Subsection F above.
H.
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 more than 25% but less than 50% of its fair 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.
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. Not more than 30 days after the enactment of this chapter, a permit shall be obtained from the Code Enforcement Officer for each building or structure under construction as of the date of enactment of this chapter. Irrespective of whether such construction conforms with the term 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, alterations 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 360 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 above limitations shall not apply to a building or other structure utilized as a dwelling which is nonconforming only in respect to yard space, area per dwelling and nonconforming to the district in which located, except no building shall be altered, added to or reconstructed to extend farther into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.
K.
Preexisting, legal nonconforming natural gas and/or petroleum extraction activities.
(1)
Notwithstanding any provision of this chapter to the contrary, any natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of Local Law 2 of 2014 shall be subject to the following:
(a)
If, as of the effective date of Local Law 2 of 2014, substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation ("DEC") and/or all other regulating local, state, and federal governments, bureaus, or agencies, then and only then such activity by or on behalf of the holder of the permit(s) shall be considered a preexisting, nonconforming use and shall be allowed to continue; subject, however, to the provisions of Subsection K(2) and (3).
(b)
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of Local Law 2 of 2014 and which do not qualify for treatment under the preceding Subsection K(1)(a) shall not be grandfathered (or be permitted to continue or be deemed lawful preexisting uses).
(2)
Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of Local Law 2 of 2014 by virtue of Subsection K(1)(a), or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related grandfathering rights) of or relating to such activity shall terminate.
(3)
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection K(1)(a) is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of Local Law 2 of 2014. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection K(1)(a).
§ 250-76 Special building setback lines.
On the streets and roads listed below, no building or part of a building other than steps, eaves and similar fixtures shall extend nearer to the center line of the street or road than the distance specified. And where a front setback is required under this chapter, the depth of the required front yard shall be measured from the center line specified below instead of from the side line (property line) of the street or road. However, in no instance shall the above require placing a main building more than 10 feet back of the front main wall of an adjacent building already existing within 50 feet of and on the same side of the street with the building or part of the building to be erected.
§ 250-77 Off-street parking and automobile storage spaces.
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 yard 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 space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving 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)
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 1/2 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.
(5)
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.
(6)
The parking spaces provided, along with their necessary driveways and passageways, shall be treated 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 applications for building permits are to be filed. Such parking areas are to be kept free of obstructions and unsightly objects. Intersections of parking area with sidewalks or street pavements must be made in an approved manner. Provision must be made for the adequate drainage of parking areas.
(7)
No motor vehicle shall be parked or stored overnight on the street in any residential district.
B.
Parking and automobile storage spaces are required as follows:
(1)
Amusement facilities. One parking space for every three customers, computed on the basis of maximum servicing capacity at any one time, plus additional space for every two persons regularly employed on the premises.
(2)
Apartment houses; multifamily dwellings. One and one-fourth parking spaces for each apartment.
(3)
Auditorium. One parking space for every three seats occupied at maximum capacity.
(4)
Boardinghouse. 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.
(5)
Bowling alleys. As in Subsection B(1).
(6)
Churches. As in Subsection B(3).
(7)
Civic centers. Parking or storage space 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 or auditorium, 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 two regular employees.
(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.
(14)
Fraternity houses. As in Subsection B(11).
(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 Planning Board 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 plus one additional space for every two persons regularly employed on the premises.
(19)
Indoor retail business. 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 employee 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 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.
(22)
Libraries. As in Subsection B(7).
(23)
Medical clinics. As in Subsection B(10).
(24)
Mobile homes. One parking space for each mobile home.
(25)
Mobile home parks. As required by § 250-70.
(26)
Motels. As in § 205-68.
(27)
Museums. As in Subsection B(7).
(28)
Nursing home. 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 Planning Board based on the nature of the business and other related relevant factors.
(31)
Plumbing shops. As in Subsection B(13).
(32)
Post offices. As in Subsection B(7).
(33)
Private schools. One parking space for each person regularly employed at such school plus one additional space for each classroom.
(34)
Public assembly. As in Subsection B(3).
(35)
Public school (elementary). As in Subsection B(33).
(36)
Public garage, 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.
(37)
Recreational centers and facilities. As in Subsection B(1).
(38)
Repair shops. As in Subsection B(13).
(39)
Residences (one-family, two-family and semidetached dwellings). One and one-half parking space for each dwelling unit; residence with home occupation, six parking spaces.
(40)
Restaurants. As in Subsection B(12).
(41)
Roofing shops. As in Subsection B(13).
(42)
Rooming houses. As in Subsection B(4).
(43)
Self-service laundries and dry-cleaning self-service plants. One parking space for every two washing machines and/or dry-cleaning machines.
(44)
Senior high school (secondary). As in Subsection B(21).
(45)
Service establishment. As in Subsection B(13).
(46)
Service station: motor vehicle. Parking or storage space for all vehicles used directly in the conduct of the 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.
(47)
Skating rinks. As in Subsection B(1).
(48)
Sorority houses. As in Subsection B(11).
(49)
Stadium. As in Subsection B(3).
(50)
Swimming pools. As in Subsection B(1).
(51)
Tavern. As in Subsection B(12).
(52)
Theaters. As in Subsection B(3).
(53)
Tourist courts. As in Subsection B(26).
(54)
Tourist homes. As in Subsection B(18).
(55)
Trailer parks (house). As in Subsection B(25).
(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.
(57)
Trucking terminals. As in Subsection B(15).
(58)
Undertaking establishments. As in Subsection B(16).
(59)
Universities. As in Subsection B(9).
(60)
Warehouse. As in Subsection B(15).
(61)
Wholesale business. 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.
§ 250-78 Off-street loading space for commercial vehicles.
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 by 55 feet by 14 feet high for every 5,000 square feet of total floor area.
B.
Hotels. Off-street loading and unloading space at least 12 feet by 35 feet by 14 feet high.
C.
Hospitals. As in Subsection B of this section.
D.
One off-street loading and unloading space at least 12 feet by 55 feet by 14 feet high for every 7,500 square feet or less of total floor area.
E.
Industrial plants. One off-street loading and unloading space at least 12 feet by 55 feet by 14 feet high for every 10,000 square feet of total floor area or as required by the Board of Appeals.
F.
Retail business. As in Subsection B of this section.
G.
Service establishments. As in Subsection B of this section.
H.
Trucking terminals. As in Subsection B of this section.
I.
Warehouses. As in Subsection D of this section.
J.
Wholesale storage facilities. As in Subsection D of this section.
§ 250-79 Frontage on public street or road.
A.
Flag lots.
(1)
It is recognized that property owners and land planners should have full opportunity for subdivision of land and at the same time avoid certain subdivision restrictions such as frontage schedules that mitigate against the legitimate use of rear acreage.
(a)
A flag lot, as defined in Article III, Terminology, shall have a minimum lot area equal to that of the zone within which it is located, not including the flag access strip.
(b)
The maximum number of lots that may be served by one flag access road shall be one.
(c)
Flag lots shall not be permitted within a new proposed subdivision, whether such subdivision is a major or minor subdivision. It is the intent of this regulation to primarily restrict flag lots to acknowledging changes in land use and permitting utilization of some parcels of land that have been restricted by the adoption of any amendment to this chapter.
(2)
Each use district now or hereafter created within the Town of Lima prescribes a minimum frontage requirement, as defined in a specified number of feet, which must be demonstrated in order to qualify a single lot or parcel for an improved use. As an example, and not as a limitation, in the year 1998 in a General Business Use District B, a lot must be shown to have a minimum width of 150 feet at the front lot line. This is understood and established to mean that the minimum frontage requirement, as it may change from time to time, in any use district shall be established at the point said lot or parcel touches upon a public highway or road to be dedicated to the Town of Lima, provided that, in the reasonable opinion of the Town Planning Board and the Town Attorney, such road to be dedicated to the Town is likely to be completed and accepted by the Town within a reasonable period of time following the date that such lot configuration and location is proposed to the Planning Board. As long as the lot of record, as defined in this chapter, or the new lot authorized by the Planning Board is sufficient in width to permit the development of road acceptable to the Town, such lot shall be permitted to be developed by a road, and the land that is consequently opened and adjacent to the new road may be developed in accordance with Town standards.
(3)
Notwithstanding any contrary indication that may be implied in the Code, the frontage determination shall be established at the point of intersection with the existing public highway or right-of-way or the public highway or right-of-way to be dedicated to the Town, and not from any other point or place of beginning or measurement.
(4)
It is the policy of the Town of Lima that land shall be developed with adequate frontage on a public right-of-way or a qualified private lane permitted by the Planning Board in connection with site plan review or approval processes. In every case, it is the preference of the Town Planning Board to authorize building and improvement upon parcels or lots with the appropriate road frontage defined in this chapter.
(5)
Flag lots, as defined herein in Article III of this chapter, shall be prohibited and shall not be encouraged or created by the Planning Board or any subdivider or developer of property. The Town of Lima shall not permit the creation of any flag lot as a part of any regular or normal planning process or procedure. Any party choosing to request the creation or establishment of a flag lot, as defined in this chapter, must apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals is advised that Town of Lima policy discourages and forbids the creation of a flag lot absent extraordinary circumstances and need, as may be established by reference to the then current requirements for properly granting an area variance.
(6)
In the event that a variance is granted allowing more than one flag lot (such that two or more flag lots are simultaneously created with adjoining lot lines), or if the Zoning Board authorizes a flag access road/drive serving more than one flag lot, the following requirements shall be applied: The owner shall cause to be recorded in the Livingston County Clerk's office a declaration of covenants, restrictions and easements in a form acceptable to the Town/Planning Board Attorney, which shall at a minimum provide:
(a)
Reciprocal easements for use of said road by each owner or a lot served by said road.
(b)
A declaration that the Town has no responsibility for the maintenance of said road.
(c)
That maintenance of the road is to be paid for by the owners of the lots served. Maintenance shall include normal surface repair, reconstruction, drainage, snow and ice control and any and all other costs which may be associated with said road.
(d)
A provision that if the road is offered to the Town for dedication in the future, the road will first be brought up to Town specifications, including width for a dedicated road, at the expense of the owners of the lots served by said road.
(e)
That no certificate of occupancy be issued until the road is constructed in accordance with the above specifications to the satisfaction of the Town Superintendent of Highways.
(7)
In the event that any flag lot can be shown to have been in existence on June 1, 1998, which said proof shall consist of production of a duly recorded deed and/or valid signed and sealed instrument survey map depicting the flag lot status of the lot as of that date, the owner of said lot or any successor, assign or heir thereof may apply to the Code Enforcement Officer for permission to use the premises for one principal use only that would otherwise be authorized by this chapter, as it may be changed from time to time. For example, if the applicant chooses to use the flag lot for residential purposes, and such use would be permitted but for the deficiency of lot width at the point said lot intersects a public road, the Code Enforcement Officer will be allowed to permit such use. However, only one such use shall be permitted, meaning only one residence and appurtenant improvement shall be permitted thereon, and no additional or conflicting use shall be permitted.
(8)
The Code Enforcement Officer must direct the applicant to the Planning Board for site plan review and approval if such review or approval would have been otherwise required had not the lot width been deficient or if, in the reasonable determination of such Code Enforcement Officer, the permission to improve the property would likely result in the creation of a potentially dangerous situation or land use.
B.
Provision against two primary uses on one lot or parcel.
(1)
No dwelling or residence may be built or moved or erected on a lot already containing a dwelling or residence that is intended to remain in such usage. No dwelling or residence may be built or moved or erected on a lot already improved by a substantial structure to remain occupied and in use other than an agricultural building or structure if the residence is to be used by the agricultural operator or employee. The Town of Lima does not permit property to be used for more than one principal or primary use unless said property is located within a use district specifically permitting such usage. This prohibition shall not apply in any instance where separate but contiguous lots are in one common ownership, provided that each lot could be separately improved if it were in separate ownership.
(2)
No building or structure situated on one lot or parcel, whether such structure is attached to any other structure or building or detached and separate therefrom, may be used for residential purposes if the primary use of the parcel or land is commercial or industrial in nature. It is the policy of the Town of Lima to discourage mixed usage of property if one use is residential and the primary or co-primary use is commercial or industrial. This prohibition shall not extend to parcels or lots already in existence at the time of adoption of this chapter, where such usage is already validly and properly in existence. Notwithstanding the foregoing, any agricultural use shall be deemed to be harmonious with a residential use for purposes of this section.
§ 250-80 Reductions in lot area prohibited.
A.
No lot, although it may consist of one or more adjacent lots of record, shall be reduced in area to the extent that yards, 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.
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.
C.
Notwithstanding the foregoing, the calculation of lot area for purposes of this section shall be governed by the definitions of "area, land"; "lot depth"; "lot of record" and "setback, front," as such shall be defined or amended from time to time.
D.
Existing farmstead dwellings.[1]
[Added 9-1-2011 by L.L. No. 8-2011]
(1)
A limited exception to the prohibition against reduction in lot area shall apply to the creation of lots including existing agricultural farmstead dwellings.
(2)
An existing farmstead dwelling is defined for purposes of this chapter and section only as a dwelling built on or before January 1, 2011, which dwelling or home is or was when built part of a farm or farming operation, and built or constructed in furtherance of the operation of the farm. A farmstead dwelling would have been constructed and occupied by the farm owner and/or farm owner's family or employees as a permanent component of the farm and its buildings and structures.
(3)
The area and setback requirements of this section may be varied for the purpose of creating a new one-family residential parcel (tax identifier map parcel) for a farmstead dwelling in existence as of January 1, 2011, and thereby reduce present lot area and/or setback requirements of this chapter if the area not required to be included in the new residential parcel is retained as an integral part of the parcel from which it was subdivided (the "parent parcel"). Such land retained shall remain in active agricultural usage as part of the parent parcel from which the residential parcel is subdivided.
(4)
In no event may the new parcel be smaller in area than one acre or have frontage on a public road of less than 100 feet. In order to qualify for the lot area reduction or setback variance, an applicant must present a professionally prepared drawing or instrument survey map of the parcel containing the farmstead dwelling that shall show the location of the farmstead dwelling, any other existing buildings or structures, the location of the water well, and the location of the septic tank and sanitary septic system leach lines, which said drawing or map must be found to be reasonably acceptable to the Code Enforcement Officer. The Code Enforcement Officer and/or the Town Board shall be authorized from time to time and as necessary to prepare an application form for this purpose, which form may detail the specific requirements of the drawing or map as well as any other information reasonably necessary to determine if an applicant's lot may qualify for the area and/or setback reductions authorized by this section.
(5)
After demonstrating compliance with the threshold requirement that such farmstead dwelling parcel can be designed without concern for the proper and efficient use and replacement of the water well and sanitary septic system and leach lines, the applicant shall be required to apply for and obtain a variance as set forth in § 250-100C of the chapter. No variance of lot area or setback requirements may be granted by the Zoning Board of Appeals unless the applicant can demonstrate to the reasonable satisfaction of the reviewing boards that such lot area or setback reduction or variance granted will not affect the proper use, operation and maintenance of private well water and sanitary septic system installations and infrastructure upon the lot. The Zoning Board of Appeals shall be charged with the duty of balancing the objectives of conserving arable land and keeping it in or returning it to agricultural use and maintaining sufficient and reasonably appropriate setback and area values for the farmstead dwelling lot.
[1]
Editor's Note: See also § 250-13F.
§ 250-81 Obstruction of vision and fencing.
A.
In all districts on a corner lot, within the triangular area formed by the center lines of streets from the 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 | |
B.
Except as provided in Subsection A above, the requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, except that in any residential district no fence or wall shall exceed six feet in height.
§ 250-82 Drive-in business.
Plans for the erection or structural alteration of drive-in business establishments as herein defined shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to setbacks, driveways, driveway entrances and exits and the location and height of buildings and enclosures as it may deem best suited to ensure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties.
§ 250-83 Storage of flammable liquids.
[Amended 4-3-2014 by L.L. No. 2-2014]
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 100 feet from all property lines. Any such storage having capacity greater than 550 gallons shall be properly diked with earthen dikes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded; provided, however, that nothing in this § 250-83 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.
§ 250-84 On-site wastewater disposal systems.
A.
Where a public sanitary sewer main is not reasonably accessible, other proper provisions shall be made for the disposal of sanitary waste. Where on-site wastewater disposal systems are required, lot size shall be not less than 20,000 square feet.
(1)
All on-site wastewater disposal systems shall conform to the requirements of the Livingston County Health Department and the New York State Department of Health.
§ 250-85 Private swimming pools as an accessory use.
A private swimming pool installed or maintained as an accessory use in an agricultural use or residential district shall meet the following requirements:
A.
It shall be used only as an accessory use to a dwelling or to a special permit use in an agricultural use or residence district for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.
B.
Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
C.
Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupancy of any adjoining property.
D.
No permission shall be granted for the installation of any swimming pool until the owner has filed with the Code Enforcement Officer a statement by the installer that provisions for the drainage of such pool are adequate and will not interfere with the public water supply system or existing sanitary facilities.
§ 250-86 Fairs, carnivals and circuses.
In an Agricultural Use District A 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 § 250-86 for a fair, carnival or circus for a period not to exceed three days open to the public.
§ 250-87 Supplementary regulations relating to dwellings.
A.
Minimum floor area. No single-family dwelling shall henceforth be constructed nor shall any existing single dwelling be reduced in area so as to contain less than 1,000 square feet of usable floor area as defined herein for living purposes and 300 square feet of floor area usable for storage. No dwelling unit in a two-family dwelling shall henceforth be constructed nor shall an existing dwelling unit in such building be reduced in area so as to contain less than 800 square feet of usable floor area as defined herein usable for living purposes and 100 square feet of floor area usable for storage purposes.
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 space.
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 be more than one foot above the established grade of the sidewalk. Where a sidewalk has not been established, the surface grade of the front at the front wall of the dwelling shall not be less than one foot above the center line of the street measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Code Enforcement Officer may accept a substitute gradient, provided that no minus gradient is established within 15 feet of the front wall or within six feet of either side wall of the dwelling.
§ 250-88 Home occupations.
A.
Purpose. The purpose of the home occupation provisions of this chapter is to allow for home occupations that are not incompatible with the neighborhood in which they are located. The provisions contained herein shall supersede any provisions to the contrary found elsewhere in this chapter.
B.
Permit procedures. Home occupations complying with the criteria established in Subsection C shall be considered minor in character and permitted by right with no permit required. Major home occupations shall commence only after the receipt of a special use permit as outlined below.
C.
Criteria for minor home occupations. A use classified as minor shall be permitted in all zoning districts which allow single-family residences. The following regulations shall apply to all minor home occupations:
(1)
The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others. A minor home occupation shall be undertaken only by residents of the home and not by nonresidents.
(2)
The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or the emission of sounds or vibrations that carry beyond the premises.
(3)
No more than one room of the primary dwelling may be used for the home occupation, together with no more than 50% of any existing accessory structure or outbuilding.
(4)
There shall be no advertising, display or other indications of a home occupation on the premises, and there shall be no signs present on the property except for one wall sign, not to exceed four square feet, indicating the address and the occupant's name, for example: "Joe Doe — Accountant."
(5)
There shall not be conducted on the premises the business of direct selling of stocks of merchandise, supplies or products, provided that orders previously made by telephone or at a sales party may be filled at the premises. That is, direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.
(6)
No storage or display of goods shall be visible from outside the structure(s).
(7)
No highly explosive or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio, television or telecommunications transmission in the area, nor shall there be offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
(8)
A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.
(9)
Parties for the purpose of selling merchandise or taking orders shall not be held more than four times each month.
(10)
A home occupation shall have adequate and easily accessible parking spaces available to compensate for additional parking needs generated, such that no on-street parking by customers or suppliers or delivery vehicles will be generated.
(11)
No use of equipment not recognized as being part of the normal practice of owning and maintaining a residence shall be allowed, except that this section shall not prohibit the use of facsimile machines, multiline telephone banks or copier machines.
(12)
Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall not be allowed more than three times each year, and each sale shall not last more than 72 consecutive hours.
(13)
Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.
(14)
Permitted minor home occupations include, but are not necessarily limited to, the following:
(a)
Artists and sculptors.
(b)
Authors and composers.
(c)
Home crafts for sale off site.
(d)
Office facility of a minister, rabbi or priest.
(e)
Office facility of a salesman, sales representative or manufacturer's representative, provided that no transactions are made in person on the premises.
(f)
Professional office facilities, such as home offices of accountants or attorneys.
(g)
Individual tutoring.
(h)
Preserving and home cooking for sale off site.
(i)
Individual instrument instruction, provided that no instrument may be amplified.
(j)
Telephone solicitation work.
(k)
Family day-care home not involving more than three children or no more than the maximum number allowed a licensed caregiver by state regulations.
(l)
Licensed massage therapist.
(15)
The following uses, by nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residential area for residence purposes. Therefore, the uses specified below shall not be permitted as minor home occupations:
(a)
All uses prohibited as major home occupations.
(b)
Minor or major auto repair.
(c)
Barbershop.
(d)
Carpentry work.
(e)
Dance instruction.
(f)
Dental offices.
(g)
Medical offices.
(h)
Painting of vehicles, trailers or boats.
(i)
Photo developing or photo studios.
(j)
Private schools with organized classes.
(k)
Television repair.
(l)
Upholstering.
(m)
Beauty parlors.
(n)
Massage parlors.
(o)
Small engine repairs.
(p)
Welding shops.
(q)
Other similar uses.
D.
Criteria for major home occupations. Uses classified as major shall be considered special uses and administered according to the provision of the chapter regulating special use permits. Major home occupations shall be least likely to be disallowed in neighborhoods or use zones or areas in transition from one land use to another. Pure single-family neighborhoods, whether zoned for residential use or agricultural use, should, in general, be protected from major home occupations, unless it can be specifically demonstrated that such a use will have no short-term or long-term negative impact on the neighborhood. To this extent, the following regulations shall apply to all major home occupations:
(1)
The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others. It is intended that home occupations shall be permitted and undertaken only by residents of the home and not by nonresidents.
(2)
The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, material, construction, lighting or signs or the emission of sounds, noises or vibrations.
(3)
The total area used for such purposes (including storage) shall not exceed the equivalent of 1/2 of the floor area, in square feet, of the first floor of the user's dwelling unit, if any; otherwise, the main floor of the dwelling unit.
(4)
There shall be no signs present on the property except for one wall sign, not to exceed four square feet, indicating the address and the occupant's name, for example: "Joe Doe — Accountant."
(5)
There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that incidental retail sales may be made in connection with other permitted home occupations; for example, a single-chair beauty parlor would be allowed to sell combs, hair spray and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site.
(6)
There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material. No activity shall be allowed which would interfere with radio, television or telecommunications transmission in the area; nor shall there by any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
(7)
A home occupation, including studios or rooms for instruction, shall provide an additional off-street parking area adjacent to the main structure and reasonably adequate to accommodate needs created by the home occupation of not less than one parking space for each 300 square feet of floor area devoted to the home occupation.
(8)
Deliveries for commercial suppliers may not be made more than once each week, and deliveries shall not restrict traffic circulation.
(9)
Parties for the purpose of selling merchandise or taking orders shall not be held more often than four times each month.
(10)
Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall be permitted not more than three times each year, and each sale shall not last more than 72 consecutive hours.
(11)
Permitted major home occupations shall include but are not necessarily limited to the following:
(a)
Any use allowed as a minor home occupation.
(b)
Single-chair beauty parlors and barbershops.
(c)
Photo developing.
(d)
Organized classes with up to six students at one time.
(e)
Television and other electrical repairs, excluding major appliances such as refrigerators or storage.
(f)
Small engine repairs, excluding major automobiles, motorcycles and snowmobiles.
(g)
Upholstering.
(h)
Dressmaking.
(i)
Woodworking, excluding cabinetmaking.
(12)
The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of zoning districts authorizing agricultural or residential uses and for residence purposes and are more suited to business districts. Therefore, the uses specified below shall not be permitted as home occupations:
(a)
Minor or major auto repair, painting of vehicles, trailers or boats.
(b)
Funeral chapels or homes.
(c)
Gift shops.
(d)
Medical or dental clinics.
(e)
Rental businesses.
(f)
Catering.
(g)
Photo studios.
(h)
Massage parlors.
(i)
Welding or machine shops.
(j)
Non-family-based day-care facilities caring for more than the maximum number of children or the maximum number of aged adults allowed a licensed home-based caregiver by state regulations, as amended from time to time, except as permitted in the instance of a family day-care home facility as allowed in Subsection C hereof. This distinction is based upon a family-run and family-operated home-care facility caring for a small number of persons in contrast to a day-care business operation.
E.
[Intentionally omitted.]
[Amended 4-3-2014 by L.L. No. 2-2014]
§ 250-89 Hotels.
Hotels, where allowable under this chapter, shall conform to the following requirements:
A.
Area.
(1)
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.
(2)
For purpose of calculation of the area of land required, reference is made to the definitions contained in Article III of this chapter and specifically to the definitions of "area, land"; "building line, front"; "lot, corner"; "lot depth"; "lot of record"; "street line" and "front setback," which said definitions are to be deemed to be incorporated in this section and subsection, and as such definitions may be amended from time to time.
B.
Frontage. The minimum frontage per establishment shall be 400 feet.
C.
Front setbacks. There shall be a minimum front yard of 150 feet in 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 50 feet, and no automobile parking shall be placed closer to a side or rear property line than 25 feet.
§ 250-90 Access to commercial or industrial uses.
No driveway or other means of access for vehicles other than a public street shall be maintained or used in any residence district for the servicing of any use located in a General Business Use District B or an Industrial Use District M.
§ 250-91 Cage-type poultry houses.
The following shall apply in addition to all other regulations with respect to cage-type poultry houses as defined herein:
A.
Cage-type poultry houses shall be equipped with odor suppressors of the hydraulic pit or equivalent type of sufficient capacity as to permit the lapse of not less than four months between cleanings.
B.
Cage-type poultry house odor-suppression devices shall not be cleaned during the months of June, July, August or September.
C.
Cage-type poultry houses shall be erected not less than 1,000 feet from the boundary line of an agricultural use district as it exists at the time application is made for a building permit and not less than 200 feet from any property line.
§ 250-92 Exterior furnaces; outdoor solid-fuel heating devices; outdoor wood-burning furnaces.
The Town Planning Board may approve a special use permit for exterior furnaces, outdoor solid-fuel heating devices and outdoor wood-burning furnaces in the A Agricultural Districts, provided that the following standards and provisions are maintained:
A.
Any exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace in existence on the effective date of this section shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Code Enforcement Officer within one year of such effective date; provided, however, that upon the effective date of this section all the provisions of this section are met. If the owner of an existing exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace does not receive a permit within one year of the effective date of this section, the exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on a lot prior to the effective date of this section.
B.
The applicant shall supply a copy of the manufacturer's installation directions with the application for a special use permit. The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be installed per the manufacturer's installation directions.
C.
The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace is to be in the rear yard.
D.
The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be located no closer than 10 feet to any building or the distance recommended by the manufacturer, whichever is greater.
E.
The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be located not less than 100 feet from any and all lot lines.
F.
The chimney of every exterior furnace, outdoor solid-fuel heating device and outdoor wood-burning furnace shall be appropriate for the application and installed per the manufacturer's recommendations.
G.
No garbage, petroleum products, household waste or industrial waste products shall be used as fuel in or burned in an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace. An outdoor furnace may not be used as a waste incinerator.
H.
The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace may burn only the fuel for which the unit was designed, except for those items banned by these regulations.
I.
All ashes produced from any burning in an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be disposed of properly to avoid cosmetic or environmental problems.
J.
An application for an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace must be accompanied by a site plan and include the setback dimensions of the unit from all adjacent property lines.
K.
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation or any other federal, state, regional or local agency. Exterior furnaces, outdoor solid-fuel heating devices and outdoor wood-burning furnaces, and any electrical, plumbing or other apparatus or device used in connection with an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this section and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision shall prevail.
§ 250-93 Outside storage and display.
A.
Purpose. It is the purpose of regulating outdoor storage and display in business and industrial districts to promote aesthetic appeal and end visual pollution and clutter. While recognizing that outdoor storage and display may at times be necessary or desirable, it is the purpose of this section to discourage and eliminate such outdoor storage and display whenever such may be achieved without the creation of a genuine hardship. This section shall apply to outdoor storage of vehicles and equipment, building materials, industrial supplies, products for sale and other materials. Storage shall not be permitted as a principal use, but only as an accessory use to an approved principal use on the lot.
B.
Business districts.
(1)
In any business or planned development district, no fixed or portable equipment, motor vehicles (excepting outdoor parking as provided for in § 250-77), or other materials shall be permitted to be stored or displayed nor shall any stands for sale or display be permitted in such a district outside an enclosed building, unless a special use permit shall have first been granted by the Zoning Board of Appeals pursuant to the procedures specified in § 250-65 and subject to the requirements of this section.
(2)
Such Board may issue a special use permit for the outdoor display or storage of such equipment or materials upon such conditions as it may deem reasonable, provided:
(a)
Such storage and display is an accessory use to the main business conducted or to be conducted on the premises.
(b)
Such storage and display is not within 100 feet of the line of a residential zoning district or use.
(c)
Such storage and display is not at such distance from any public highway as to interfere with the safe use of such highway.
(d)
Such storage and display does not unreasonably interfere with the quiet enjoyment of property by adjacent property owners.
(e)
Storage of products other than goods for sale shall be effectively screened from view from public rights-of-way and neighboring properties. Such items shall not be visible above the screening. Screening shall be effective year-round and shall be installed and maintained in a sound condition.
(f)
All items stored and displayed outdoors shall be placed on a hard and durable surface.
(3)
Any special use permit granted hereunder may be revoked by the Zoning Board of Appeals after due hearing on not less than 10 days' written notice to the person holding such permit in the event that the holder of such permit violates any of the conditions of the issuance thereof or of this section.
(4)
Unless the Zoning Board of Appeals shall set a shorter period of duration, each such special use permit shall be valid for a period of three years.
(5)
Temporary outside storage, display and sales permits of a duration of one week or less may be granted by the Code Enforcement Officer, up to and including three times per year, provided the applicant demonstrates the ability to meet the conditions of Subsection B(1) of this section. The fee for the issuance of a temporary permit shall be established from time to time by resolution of the Town Board. Permits granted pursuant to this subsection shall be issued by the Town Clerk upon payment of the required fee. Any temporary permit granted hereunder may be revoked immediately by the Code Enforcement Officer in the event the use made hereunder violates any of the conditions of its issuance or shall have become a nuisance.
C.
Industrial districts. All requirements set forth in Subsection B of this section pertaining to outdoor storage and display in business districts shall apply to such outdoor storage and display in industrial use districts, except:
(1)
No such storage or display shall occur within 150 feet of the line of any residential district or use; and
(2)
Such permit shall become void one year after approval unless the permitted activity has commenced.
§ 250-94 Outdoor lighting.
A.
Purpose. The purpose of this section is to promote the public safety and welfare by regulating outdoor lighting to reduce the problems created by improperly designed and installed outdoor lighting. This section is intended to eliminate problems of glare and minimize light trespass to keep unnecessary direct light from shining onto abutting properties or streets, to help reduce the energy costs of outdoor lighting, and to reduce sky glow.
B.
Definitions. As used in this section, the following terms shall be defined as follows:
EXISTING NONCONFORMING LUMINAIRES
Luminaires not conforming to the provisions of this section that were in place on the effective date of this section.
FIXTURE
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
FLOODLIGHT or SPOTLIGHT
Any light fixture or lamp that incorporates a reflector, a refractor or a prismatic lens to concentrate the light output into a directed beam in a particular direction.
FULLY SHIELDED LUMINAIRE
A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, is projected below a horizontal plane through the luminaire's lowest light-emitting part.
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LAMP
The component of a luminaire that produces the actual light (commonly called a "bulb").
LIGHT TRESPASS
The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
LUMEN
The unit used to measure the actual amount of light which is produced by a lamp. One footcandle is one lumen per square foot. For the purposes of this section, the lumen-output values shall be the initial lumen output ratings of a lamp. The lumen output of most lamps is listed on the packaging.
LUMINAIRE
A complete lighting system, including a lamp or lamps and a fixture.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
SKY GLOW
The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Sky glow is caused by the reflection and scattering of various forms of light by dust, water and other particles suspended in the atmosphere.
TEMPORARY OUTDOOR LIGHTING
The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days, with at least 180 days passing before being used again.
C.
Applicability of requirements. All new and replacement public and private outdoor lighting installed in the Town of Lima after the effective date of this section shall be in conformance with the requirements of this section. Certain lighting in place on the effective date of this section shall also be subject to the requirements of this section, as specified in Subsection J, Existing nonconforming luminaires. All lights shall be in compliance with Dark Sky and Illumination Engineers Society Standards and Recommendations to the extent practicable.[1] Any inconsistent language in the Town of Lima Code is superseded by the requirements of this section.
[1]
Editor's Note: See Subsection L(1).
D.
Shielding requirements.
(1)
All nonexempt outdoor lighting fixtures shall be fully shielded, except glass tubes filled with neon, argon, or krypton do not require any shielding.
(2)
Notwithstanding the foregoing, any lamp of 1,000 lumens or less does not require any shielding.
(3)
Photometrics shall be provided to demonstrate that the light levels at the property line will be zero footcandle. Light trespass shall be avoided to the extent practicable.
E.
Exemptions.
(1)
All temporary emergency lighting needed by police or fire departments or other emergency services, as well as all automobile luminaires, shall be exempt from the requirements of this section.
(2)
All hazard-warning luminaires required by federal regulatory agencies are exempt from the requirements of this section, except that all luminaires used must be as close as possible to the federally required minimum lumen output requirement for the specific task.
(3)
Fossil fuel light. All outdoor light fixtures producing light directly by combustion of fossil fuels (such as kerosene lanterns and gas lamps) or equivalent are exempt from the requirements of this section.
(4)
Holiday decorations. Lights used for holiday decorations are exempt from the requirements of this section.
(5)
Farm uses are exempt.
F.
Outdoor signs.
(1)
Top-mounted fixtures required. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of Subsection D. Bottom-mounted outdoor sign lighting shall not be used. The Planning Board may grant an exception to this requirement during site plan review, provided that the applicant demonstrates that the proposed lighting will not illuminate beyond the sign area.
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(2)
In addition to the foregoing requirements, all outdoor signs must conform to the sign regulations of the Town of Lima Zoning Code.[2]
[2]
Editor's Note: See §§ 250-72 and 250-73.
G.
Recreational facilities.
(1)
Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided that all fixtures used for event lighting shall be fully shielded as defined in this section.
(2)
Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides of the canopy shall not be illuminated.
H.
Spotlights and floodlights.
(1)
Spotlights and floodlights shall be aimed 45° or more below the horizontal.
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 |
(2)
Laser source light. The use of laser source light or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited. The temporary use of laser source lights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting contained in Subsection I, Temporary outdoor lighting.
(3)
Searchlights and strobe lights. The operation of searchlights or strobe lights is prohibited.
(4)
Mercury vapor fixtures and lamps. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.
I.
Temporary outdoor lighting. Nonconforming temporary outdoor lighting may be permitted by the Code Enforcement Officer after considering: 1) the public and/or private benefits that will result from the temporary lighting; 2) any annoyance or safety problems that may result from the use of the temporary lighting; and 3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Code Enforcement Officer, who shall consider the request. The Code Enforcement Officer shall render the decision on the temporary lighting request within two weeks.
J.
Existing nonconforming luminaires. All luminaires lawfully in place on the effective date of this section that do not meet the requirements of this section are exempt from this section, except that any luminaire that replaces an existing nonconforming luminaire, or any existing nonconforming luminaire that is moved, must meet the requirements of this section.
K.
New construction.
(1)
Submission contents. The applicant for any permit or approval required by any provision of the Town of Lima Code in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit or approval) evidence that the proposed work will comply with the requirements of this section. The submission shall contain but shall not necessarily be limited to the following:
(a)
Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices.
(b)
Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices, and their lumen output. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required).
(c)
Photometric data, such as that furnished by manufacturers, or similar data showing the angle of cutoff or light emissions and the lumen output.
(2)
Additional submission. The above-required plans, descriptions and data shall be sufficiently complete to enable the plans' examiner or board to readily determine whether compliance with the requirements of this section will be secured. If such plans, descriptions and data cannot enable this determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit additional evidence of compliance to enable such determination, such as certified test reports by a recognized testing laboratory.
(3)
Subdivision plat certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this section will be adhered to.
(4)
Lamp or fixture substitution or addition. Should any outdoor light fixture or the type of light source therein be changed or added after the permit or approval has been issued, a change request must be submitted to the Code Enforcement Officer for approval, together with adequate information to assure compliance with this section. Approval must be received prior to substitution or addition.
L.
Examples of preferred lighting fixtures.
(1)
See the following illustrations.
Better Lights for Better Nights |
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Help eliminate light pollution. Select the best fixture for your application using this guide. Use lowest wattage bulb appropriate for the task and turn off the light when it is not being used. |
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§ 250-95 Conservation subdivisions.
(This section intentionally omitted at this time.)
§ 250-96 Topsoil removal.
No topsoil shall be stripped in connection with any construction except from the smallest area necessary. All such topsoil stall be stockpiled and used to recover the disturbed area. No topsoil shall be removed from any land or premises, except as provided for in an approved mining permit issued by the New York State Department of Environmental Conservation.