Lima Village City Zoning Code
ARTICLE XIV
Regulations Applying to All Districts
§ 185-72 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 a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed yearly upon application to the Code Enforcement Officer for an additional period of one year.
§ 185-73 Nonconforming uses, buildings and structures.
A.
Continuation of nonconforming use. Except as specifically provided in this section, any use of land or a building or structure or part thereof existing at the time of enactment of the 1963 Village of Lima Zoning Ordinance or existing as of the date this present chapter becomes effective if, and only if, such nonconforming use was created subsequent to February 18, 1963, and prior to the date this chapter becomes effective and such nonconforming use was created in full accordance with the requirements of the 1963 Zoning Ordinance, may be continued, subject to the provisions of Subsections D, E and F of this section, although such building or structure or use does not conform to the provisions of the district in which it is situated.
B.
Discontinuance of use. When a nonconforming use has been discontinued for a period of not less than one year, it shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.
C.
Automobile wrecking and junkyards. Notwithstanding any other provision of this chapter, any nonconforming automobile wrecking yard or other junkyard in existence at the time of the adoption of this chapter or any amendment thereto shall be discontinued within three years from the date of such adoption or amendment.
D.
Change of nonconforming use. No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
E.
Maintenance of a nonconforming use. A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, undertaken for the express purpose of conforming to and complying with the provisions of this section, are permitted, provided that such alteration or extension shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this chapter regarding setbacks, lot area or lot coverage for the district in which it is situated or to increase any existing violation of such provision.
F.
Any building or structure containing a nonconforming use or any structure consisting of a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its fair sales value immediately prior to damage shall not be reoccupied, reused and/or reconstructed, except in conformity with the provisions of this chapter. In the event that the Code Enforcement Officer's estimate of the extent of damage or fair sales value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the extent of damage or fair sales value shall be determined by a board of three arbitrators, one who shall be named by the Planning Board, one by the applicant for the building permit and one by the first two arbitrators named. In the event that the first two arbitrators cannot agree upon a third member within five days, the third arbitrator shall be named by the Village Board. A decision in which at least two of the arbitrators concur shall be deemed the official decision of this Board.
G.
Any building or structure containing a nonconforming use, or any structure constituting a nonconforming use which is damaged by fire, flood, wind or other act of God or man to an extent of less than 50% of its fair sales value immediately prior to damage shall not be repaired or reconstructed, except in conformity with this chapter, unless such reconstruction is completed within 12 months of the damage. In the event of a dispute, the extent of damage or the fair sales value will be determined in the manner as set forth in Subsection F.
H.
Any legally existing apartment building or multiple dwelling as such are defined in this chapter located within any district other than an M-R District, thus constituting a nonconforming use, shall hereafter comply with the provisions of § 185-46D and E, regulating maintenance of grounds and refuse requirements, and § 185-74B, regulating parking requirements.
I.
No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter and is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter. Irrespective of whether such construction conforms to the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Code Enforcement Officer, alteration or additions to such plans, except as may be in conformity with the terms of this chapter, shall not be permitted. Construction of buildings or structures under construction at the time of the enactment of this chapter for which permits are not obtained as provided above shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter after the securing of a zoning permit as hereinafter provided.
J.
The limitations of Subsection I of this section shall not apply to a legal dwelling in existence as of the effective date of this chapter and so used as of that date which is nonconforming only in respect to setback space or area per dwelling and nonconforming to the district in which located, except that no building shall be altered, added to or reconstructed to extend farther into an already- deficient amount of land area per dwelling.
§ 185-74 Required off-street parking and automobile storage space.
A.
General provisions.
(1)
Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure, at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. No required front setback or portion thereof in any residential district shall be utilized to provide parking space required in this chapter.
(2)
If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Appeals may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.
(3)
Vehicle parking or storage maintained in connection with an existing and continuing principal building or land use on the effective date of this chapter shall be continued and may not be counted as serving a new building, structure, addition or land use; nor shall any required parking space be substituted for an off-street loading and unloading space, nor any required loading and unloading space be substituted for parking space.
(4)
In all instances in which the principal building or land use on the effective date of this chapter shall include a mixed use in accordance with this chapter (e.g., a commercial and dwelling use), the applicable parking requirements shall be that pertaining to the use mandating the greater number or ratio of parking spaces for such use.
(5)
The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that 12 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at night or on Sunday.
(6)
No off-street automobile parking or storage space shall be used or designed, arranged or constructed to be used in a manner that will obstruct or interfere with the free use of any street, alley or adjoining property. Off-street parking shall not be created or located within 10 feet of a property line.
(7)
The parking spaces provided along with their necessary driveways and passageways shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Code Enforcement Officer at the time application for building permits are to be filed. Such parking areas are to be kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be made in an approved manner. Provision must be made for the adequate drainage of parking areas.
(8)
No commercial motor vehicle of more than a one-ton capacity shall be parked or stored overnight in any residential district.
(9)
Except as permitted in § 185-10A(1) and (2), automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any district other than in completely enclosed buildings.
B.
Number of parking spaces required for specific uses:
(1)
Amusement facilities: one parking space for every five customers computed on the basis of maximum servicing capacity at any on time, plus one additional space for every two persons regularly employed on the premises.
(2)
Apartment houses and multifamily dwellings: two off-street parking spaces for each dwelling unit. Except as otherwise provided in this section, any structure(s) or building(s) in which more than one dwelling unit is contained shall be subject to the requirements of this subsection.
(3)
Auditoriums: one parking space for every five seats occupied at maximum capacity.
(4)
Boardinghouses: one parking space for each sleeping room occupied by roomers or boarders, plus one parking space for each dwelling unit on the premises, plus one additional space for every two persons regularly employed on the premises.
(5)
Bowling alleys. As in Subsection B(1).
(6)
Churches. As in Subsection B(3).
(7)
Civic centers: parking or storage for all vehicles used directly in the operation of such establishment, plus four parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area.
(8)
Clubhouses and permanent meeting places of veterans, business, civic, fraternal, labor and other similar organizations: one parking space for every 50 square feet of aggregate floor area in the auditorium, assembly hall and dining room of such building, plus one additional space for every two persons regularly employed on the premises.
(9)
Colleges (educational institutions): one parking space for every five seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium or gymnasium, one parking space shall be provided for each person regularly employed at such institution, plus five additional spaces for each classroom.
(10)
Dental clinics: three parking spaces for each doctor or dentist, plus one additional space for every regular employee.
(11)
Dormitories: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements as set forth in Subsection B(9).
(12)
Eating establishments: one parking space for every 100 square feet of total floor area.
(13)
Electrical shops: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each two persons regularly employed on the premises.
(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 Board of Appeals based on the number of funerals that can be handled at one time, the size of the facilities and other relevant factors.
(17)
Hospitals: one parking space for every two beds intended for patients, excluding bassinets.
(18)
Hotels: one parking space for each sleeping room offered for tourist accommodations, plus one for each dwelling unit on the premises.
(19)
Indoor retail businesses: parking or storage space for all vehicles used directly in the conduct of such business, plus four parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area.
(20)
Industrial plants and facilities: parking or storage space for all vehicles used directly in the conduct of such industrial use, plus one parking space for every three employees on the premises at the maximum employment on a single shift.
(21)
Junior high schools (secondary): one parking space for every five seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at such school, plus two additional spaces for each classroom.
(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 in Subsection B(24).
(26)
Motels: as in Subsection B(18).
(27)
Museums: as in Subsection B(7).
(28)
Nursing homes: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements for hospitals set forth in Subsection B(17).
(29)
Offices: one parking space for every 200 square feet of office space.
(30)
Outdoor retail business: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for every two persons employed on the premises in maximum seasonal employment and such additional space as may be required by the Board of Appeals based on the nature of the business and other related relevant factors.
(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 schools (elementary): as in Subsection B(33).
(36)
Public garages (motor vehicle repair): indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business, plus three parking spaces for each person regularly employed on the premises.
(37)
Recreational centers and facilities: as in Subsection B(2).
(38)
Repair shops: as in Subsection B(13).
(39)
Residences:
(a)
One-family, two-family and semidetached dwellings: one parking space for each dwelling unit.
(b)
With home occupations: four 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 two dry-cleaning machines.
(44)
Senior high schools (secondary): As in Subsection B(21).
(45)
Service establishment: as in Subsection B(13).
(46)
Service stations — motor vehicle: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for each gas pump: three spaces for each grease rack; and one space for every two persons employed on the premises at maximum employment on a single shift.
(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)
Taverns: 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)
Warehouses: as in Subsection B(15).
(61)
Wholesale businesses: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for each two persons employed on the premises based on maximum seasonal employment.
§ 185-75 Required off-street loading and unloading spaces 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 wide and 14 feet high for every 5,000 square feet of total floor area. The length of such space shall be five feet longer than the legal maximum length for commercial vehicles.
B.
Hotels: one off-street loading and unloading space at least 12 feet by 35 feet by 14 feet high.
C.
Hospitals: as in Subsection B.
D.
Indoor markets: one off-street loading and unloading space at least 12 feet wide and 14 feet high for every 7,500 square feet or less of total floor area. The length of such space shall be five feet longer than the legal maximum length for commercial vehicles.
E.
Industrial plants: one off-street loading and unloading space at least 12 feet wide and 14 feet high for every 10,000 square feet of total floor area or as required by the Board of Appeals. The length of such space shall be five feet longer than the legal maximum length for commercial vehicles.
F.
Retail business: as in Subsection B.
G.
Service establishments: as in Subsection B.
H.
Trucking terminals: as in Subsection A.
I.
Warehouses: as in Subsection D.
J.
Wholesale storage facilities: as in Subsection D.
§ 185-76 Frontage on public street or road.
A.
No principal structure shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.
B.
No principal structure may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof.
"Directly behind another dwelling" means with more than 1/2 the width of the structure so placed.
C.
No building in the rear of a main building on the same lot may be used for residential purposes.
§ 185-77 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 setbacks, lot area per family, lot width, building area or other requirements of this chapter, are not maintained. This subsection shall not apply when a portion of a lot is required for a public purpose, or in the case of a clustered subdivision approved by the Planning Board.
B.
No space applied or necessary under this chapter to satisfy the setback or other open space requirements in relation to any building or area, whether now or subsequently built or occupied, shall be counted as part of a required open space in relation to any other building.
§ 185-78 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 their intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of 3 1/2 feet and the height of 10 feet above the average grade of each street on the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.
Sight Distance for Various Street Widths | |
|---|---|
Street Right-of-Way (feet) | Distance from Intersection (feet) |
50 or more | 90 |
40 to 49 | 80 |
30 to 39 | 70 |
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.
§ 185-79 Quarries, sand and gravel pits; topsoil removal and major excavating grading or filling.
A.
Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts. However, the above shall not prevent issuance by the Board of Appeals of a temporary permit, under § 185-72, for a mixing plant in connection with a particular construction project for the period of its construction.
B.
Major excavating, grading or filling, as defined herein, shall not be permitted in any district except with the approval of the Planning Board.
§ 185-80 Site plan review.
A.
Authorization and application.
(1)
The Planning Board is hereby authorized, pursuant to § 7-725-a of the Village Law, to review and approve, approve with modifications or disapprove preliminary site plans and final site plans.
(2)
Prior to issuing a building permit for the construction of a building, or for the alteration of a building if the area of any floor would be increased 25% thereby, and prior to the issuance of a zoning permit or certificate of occupancy for a change of use or occupancy of land or a building such that the off-street parking facilities required for that parcel would be changed, the Code Enforcement Officer shall refer the site plans of the lot to the Planning Board for its review and approval. Site preparation or the commencement of construction prior to the termination of proceedings under this article is prohibited. The construction or alteration of a one- or two-family dwelling is hereby exempted from this article; and, except for a one- or two-family dwelling, no zoning permit, building permit or certification of occupancy shall be issued except in compliance with the standards and procedures set forth in this article.
B.
Application for preliminary approval.
(1)
Any preliminary application for site plan approval shall be made, in writing, to the Code Enforcement Officer and shall be accompanied by the following information:
(a)
One area map shall be provided showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(b)
If grades exceed 3% or if portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, one topographic map, showing contour intervals of not more than five feet of elevation, shall be provided.
(c)
A preliminary site plan which shall include the following information:
[1]
The title of the drawing, including the name and address of the applicant.
[2]
The North point, scale and date.
[3]
The boundaries of the property plotted to scale.
[4]
Existing watercourses, wetlands, wooded areas, trees with a diameter more than six feet above the ground, historic and archeological features.
[5]
A site plan showing the location, proposed use and height of all buildings; the location of all parking and truck loading areas, with access and egress drives thereto; the location of pedestrian walkways; the location of outdoor storage, if any; the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; a description of the method of sewage disposal and the location of such facilities; the location and size of all signs; the location and proposed development of buffer areas; and the location and design of lighting facilities. In addition, the site plan must state the gross floor area and net floor area for each building and delineate and state the area of each use therein, including flex space, if any.
(2)
The Planning Board may, in its discretion, waive such of the foregoing as may not be necessary in the interest of the public health, safety or general welfare, or for proper review of the application.
(3)
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQR) and implementing regulations thereunder. An application for preliminary site plan approval shall not be considered complete, and the review period shall not begin to start, until either a negative declaration has been made or a draft environmental impact statement has been filed.
(4)
Where a preliminary site plan contains one or more features which do not comply with the provisions of this chapter, applications may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of an administrative official charged with the enforcement of zoning regulations.
C.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site plan shall include but is not limited to the following considerations:
(a)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(b)
The adequacy and arrangement of pedestrian traffic access and circulation, including the separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(c)
The location, arrangement, appearance and sufficiency of off-street parking and loading areas.
(d)
The location, arrangement, size and design of buildings, lighting and signs.
(e)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between these and adjoining lands.
(f)
In the case of an apartment house, townhouse or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
(g)
The adequacy of stormwater, water supply and sanitary waste disposal facilities.
(h)
The adequacy of structures, roadways and landscaping in areas with a moderate to high susceptibility to flooding and ponding and/or erosion.
(i)
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(2)
In its review, the Planning Board may consult with the Village Engineer and other Village, town and county officials, as well as with representatives of federal and state agencies, including the USDA Natural Resources Conservation Service and the New York State Department of Conservation. The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans.
(3)
When reviewing a site plan because of a change in the use or occupancy of land, a building or any portion thereof, the Planning Board shall consider the impact of the proposed change upon other uses within the same building or parcel. To the extent practical, the Planning Board may require such modification thereto as will promote the most efficient use of land consonant with compliance with the provisions of this chapter.
D.
Modifications. The Planning Board may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
E.
Action on preliminary application.
(1)
Upon receipt of an application for preliminary site plan approval the Planning Board shall refer such application to the Livingston County Planning Board in accordance with General Municipal Law § 239-m.
(2)
The Planning Board shall comply with the provisions of SEQR and implementing regulations thereunder. An application for preliminary site plan approval shall not be considered complete, and the review period shall not begin to start, until either a negative declaration has been made or a draft environmental impact statement has been filed.
(3)
Within 62 days of receipt of a complete application for preliminary site plan approval, the Planning Board shall act on it. If no decision is made within 62 days of receipt of a complete application for preliminary site plan approval, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
(4)
The Planning Board may recommend in its statement desirable revisions to be incorporated in the final site plan, conformance with which shall be a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons therefor. The Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
(5)
No modifying of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion or excavating for or constructing of site improvements shall begin until the developer has received final site plan approval. Failure to comply shall be construed as a violation of this chapter and, where necessary, final site plan approval may require the modification or removal of unapproved site plan improvements.
(6)
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a preliminary site plan. Such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
F.
Application for final detailed site plan approval.
(1)
After receiving conditional approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval; except that if more than six months has elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(2)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revision or other features that may have been recommended by the Planning Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
G.
Action on final detailed site plan application.
(1)
Within 62 days of the receipt of the application for final site plan approval for a site plan in substantial conformity with the previously approved preliminary site plan, the Planning Board shall render a decision to the Code Enforcement Officer. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved.
(2)
If the final site plan is not in substantial conformity with the previously approved preliminary site plan, the Planning Board may determine to treat the application as an application for preliminary site plan approval and act thereon pursuant to Subsection E of this section.
(3)
Upon approving an application for final site plan approval, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer, who shall then issue or cause to be issued a building permit to the applicant if the project conforms to all other applicable requirements.
(4)
Upon disapproving an application, the Planning Board shall so inform the Code Enforcement Officer and he shall deny or cause to be denied a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
§ 185-81 Storage of flammable liquids.
The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be prohibited in all districts unless such tanks up to and including 10,000 gallons' capacity are placed not less than 50 feet from all property lines and unless all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons shall be properly dyked with earthen dykes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.
§ 185-82 Cesspools and septic tanks.
For applicable regulations regarding cesspools and septic tanks, refer to the County Sanitary Codes.
§ 185-83 Supplementary regulations relating to private swimming pool as an accessory use.
For applicable supplementary regulations relating to private swimming pool as an accessory use, refer to Chapter 159, Swimming Pools.
§ 185-84 Fair, carnival and circus.
In a residential district or on the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms of § 185-55 for a fair, carnival or circus for a period not to exceed four days in any calendar year.
§ 185-85 Supplementary regulations relating to dwellings.
A.
Size of dwellings. The minimum ground area of the main structure shall be:
(1)
For a one-story and one-and-one-half-story building: 1,100 square feet.
(2)
For a two-story building: 800 square feet.
B.
Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.
C.
Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a combined window area, opening to the outside, equal to not less than 1/10 of the floor area of such room.
D.
Slope of yards. No building containing dwelling units shall henceforth be constructed, nor shall any existing building be altered so as to contain dwelling units unless the surface grade of the front yard at the front wall of such building is more than 18 inches above the street grade. The surface of the front yard shall slope toward the street grade. Where there is unusual difficulty in meeting this provision, the Zoning Board of Appeals without public hearing may accept a substitute gradient, provided that no minus gradient is established within 25 feet of the front wall or within six feet of either side wall of the building.
§ 185-86 Hotels.
Hotels, where allowable under this chapter, shall conform to the following requirements:
A.
Area. The minimum land area per establishment shall be five acres. For each rental room in excess of 12, this land area shall be increased by not less than 2,500 square feet.
B.
Frontage. The minimum frontage per shall be 400 feet.
C.
Front setbacks. There shall be a minimum front setback of 150 feet into which there shall be no encroachment of automobile parking and of structures other than a fence, wall or sign not larger than 20 square feet and no other encroachment of commercial usage.
D.
Side and rear setbacks. No structure shall be placed closer to a side or rear property line than 25 feet. For each story the height of structures exceeds two, the offset from the side and rear property lines shall be increased by 10 feet.
§ 185-87 Access of a commercial or industrial use.
No driveway or other means of access for vehicles other than a public street shall be maintained or used in any residential district for the servicing of any use located in a DB, GB District or an M District.
§ 185-89 Towers.
The following provisions are applicable to all districts:
A.
No tower shall exceed the height of 35 feet as measured from the ground surface.
B.
Maximum allowed per lot is one per lot.
C.
The tower shall be located on the same site as it services.
D.
Any such tower shall be confined to the rear yard of any lot and shall be at ground level.
E.
No tower can be constructed, erected or maintained except as an accessory structure to an existing one family dwelling on the same lot.
F.
No tower shall be allowed on a corner lot.
G.
Lots must be of sufficient size to allow for a side line setback and setback from existing structures equal to the height of the tower measured from the base at ground level plus five feet, with a minimum side setback or rear yard setback being eight feet from any guy wire.
H.
All towers shall be suitably protected by anti-climb fencing, and a landscape planting screen shall be provided and maintained around the structure and accessory attachments.
I.
No tower installation shall be permitted except by building permit from the Village Building Inspector after being reviewed by the Planning Board.
J.
The Planning Board of the Village of Lima is empowered to designate the exact location of the tower to be installed or maintained and to require any screening or other procedure in order to reduce or eliminate aesthetic damage to the community which may result from said installation or maintenance.
K.
Application for the permit must include construction drawings showing proposed method of installation, structural engineering analysis and site plans depicting structures and plantings on the property and all adjacent properties.
L.
The applicant shall present documentation of possession of any license required by federal, state or local agencies.
M.
Should this section or any phrase, clause or subsection thereof conflict with any FCC ruling regulating or governing the placement and erection of such towers, the FCC ruling or regulation shall supersede this section only insofar as such phrase, clause or subsection of this section is in direct conflict with such FCC ruling or regulation.
§ 185-90 Wind towers.
No wind towers or energy creating devices attached to a tower are allowed in the Village of Lima.
§ 185-91 Outdoor furnaces.
No outdoor solid-fuel heating device or outdoor woodburning furnace shall be permitted within the Village of Lima.
§ 185-92 Home occupations.
Home occupations shall conform to the following provisions:
A.
There shall be no display of goods visible from the street.
B.
There shall be no exterior advertising other than one unlighted sign not over two square feet in area. Such sign may be flat against or attached to the dwelling or a freestanding sign.
C.
There shall be no exterior storage of materials or other indications of such home occupation or any other deviation from the residential character of the premises.
D.
There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare producers.
E.
There shall be no equipment, device or object used that will cause interference with normal reception of radio or television broadcast signals or in any other way create an electronic nuisance on any other premises.
F.
Such home occupation shall be conducted only in the principal building by a person or persons residing therein.
G.
Such home occupations shall not cover more than 15% of the usable floor area.