[Amended 4-3-2014 by L.L. No. 2-2014]
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.
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:
(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.
COMMERCIAL WIND ENERGY SYSTEM
ELECTROMAGNETIC INTERFERENCE (EMI)
NONCOMMERCIAL WIND ENERGY SYSTEM
ROTOR DIAMETER
SHADOW FLICKER
STRAY CURRENT
TOTAL HEIGHT
WIND ENERGY SYSTEM
WIND TOWER
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
The interference to communication systems created by the
scattering of electromagnetic signals.
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.
The largest diameter formed by the blades when assembled
and mounted on the wind energy system.
The alternating pattern of sun and shade caused by wind tower
blades casting a shadow.
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.
The vertical distance from ground level to the tip of a wind
turbine blade when the tip is at its highest point.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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)
(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.
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.
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.
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.
[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).
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.
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.
(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.
(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.
(24)
Mobile homes. One parking space for each mobile home.
(26)
Motels. As in § 205-68.
(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.
(33)
Private schools. One parking space for each person regularly
employed at such school plus one additional space for each classroom.
(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.
(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.
(43)
Self-service laundries and dry-cleaning self-service plants.
One parking space for every two washing machines and/or dry-cleaning
machines.
(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.
(56)
Transportation terminals. One parking space for every 100 square
feet of waiting room space plus one additional space for every two
persons regularly employed on the premises.
(61)
Wholesale 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.
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.
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.
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.
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.
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
| |
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.
[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.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.
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.
EXISTING NONCONFORMING LUMINAIRES
FIXTURE
FLOODLIGHT or SPOTLIGHT
FULLY SHIELDED LUMINAIRE
LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
OUTDOOR LIGHTING
SKY GLOW
TEMPORARY OUTDOOR LIGHTING
Definitions. As used in this section, the following terms shall be
defined as follows:
Luminaires not conforming to the provisions of this section
that were in place on the effective date of this section.
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.
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.
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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The component of a luminaire that produces the actual light
(commonly called a "bulb").
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
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.
A complete lighting system, including a lamp or lamps and
a fixture.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
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.
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.
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.
 |
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.
 |
 |
(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.
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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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(This section intentionally omitted at this time.)
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.
