[Added 2-7-2013 by L.L. No. 1-2013]
All uses not explicitly listed as permitted uses within the
regulations governing a given zoning district classification shall
be deemed to be nonpermitted uses. This restriction shall apply to
each and every zoning district classification within the municipal
bounds of the Town.
No single-family or two-family residential lot shall have erected
upon it more than one principal building. No yard or other open space
provided about any building for the purpose of complying with the
provisions of this chapter shall be considered to provide a yard or
open space for any other principal building.
A.
A detached accessory building with a total floor area of 120 square
feet or less and a maximum height of 10 feet may be located no closer
than four feet from a side or rear lot line.
B.
Unenclosed steps, stairways and landings no larger than five feet
wide, providing access to the first story of a building, may extend
four feet into any required setbacks. Decks and porches shall not
extend into required setbacks.
No permit for the construction of any building shall be approved
unless such structure has access from an improved street or a street
on an official map, plan, approved subdivision or duly filed plat
in accordance with § 280-a of Town Law or § 7-736,
Subdivision 2, of Village Law.
Clear vision shall be maintained on corner lots in a triangle
formed by the street lines of such lots to a point 35 feet from the
intersection and a line connecting those points. Within that area,
no fence, wall, hedge, screen planting, bushes or shrubbery shall
be permitted higher than two feet above the average finished grade
of the lot. Trees shall be permitted within the area only if maintained
and trimmed so that no branch or foliage is less than eight feet above
the average finished grade of the lot.
Where a building lot has frontage on a street which is proposed
for right-of-way widening, the required front setback shall be measured
from such proposed right-of-way line.
All the uses, buildings and facilities, yards, open space, off-street
parking and required landscaping must be contained within the district
in which the use is permitted.
The locations of all buildings on corner lots shall comply with
the following requirement: Any yard fronting on an improved street
shall be a front yard. There shall be one yard being a rear yard and
one yard being a side yard. Lots extending through between two parallel
streets shall comply with the following requirement: Any yard fronting
on an improved street shall be a front yard; the other yards shall
be side yards.
When a new lot is formed so as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any of the provisions of this chapter, either with
respect to any existing structures or use or any proposed structures
or use.
Except as permitted by § 150-57, Temporary uses and structures, no person shall use or occupy any travel trailer, tent trailer, tent or motor home for living or sleeping quarters within Livonia for more than 14 consecutive days unless such use is carried on within a campground. A conditional use permit will be required for occupancy of a travel trailer or motor home for more than 14 consecutive days
Keeping, sheltering, harboring or maintaining livestock, except
as part of an agricultural or farming operation, shall be subject
to the following standards:
A.
The minimum size parcel for keeping, sheltering, harboring or maintaining
livestock shall be five acres.
B.
A maximum of two livestock may be kept, sheltered, harbored or maintained
per the minimum five acres.
C.
One additional livestock may be kept, sheltered, harbored or maintained
for every additional 2.5 acres over the minimum of five acres.
Kennels shall be subject to the following requirements:
A.
Demonstration that the kennel will not create nuisance conditions
for adjoining properties due to noise or odor.
B.
Demonstration that all animals will be confined to the property.
C.
Demonstration of adequate methods for sanitation and sewage disposal.
D.
Every kennel and its associated outside dog runs shall be located
at least 200 feet from the nearest dwelling (other than the owner
or user of the property) and at least 100 feet from any lot line.
Dumping, piling or accumulation of refuse, garbage (other than
in closed containers which are regularly emptied in a lawful manner),
waste materials, scrap or other noxious substances is prohibited.
A.
Any excavation, grading or filling, including removal of topsoil or the construction of ponds, in excess of one acre shall require site plan review by the Joint Planning Board in accordance with the requirements of Article XIV.
B.
Any excavation, grading or filling must be in accordance with Livonia
Design Criteria and Construction Specifications for Land Development,[1] particularly sections relating to drainage, erosion control
and flood hazard prevention. Installation or improvement of natural
or constructed drainage channels may be required to assure adjacent
property owners are not negatively impacted by fill activities.
[1]
Editor's Note: The Livonia Design Criteria and Construction
Specifications for Land Development is available from the Building
and Zoning Department.
C.
Any grade alteration which involves removal of vegetation but no
built improvements, on an area greater than 5,000 square feet, shall
be seeded to provide an effective cover crop within the first season
after initiation of the grade change operation.
D.
Only unregulated fill materials, such as uncontaminated soil, asphalt,
brick, stone, concrete, glass and organic debris from the premises,
may be used in such fill activities.
A.
No material of any kind shall be stored outdoors in any zoning district,
except on a one- or two-family lot, unless:
(1)
Allowed as part of an approved site plan;
(2)
Used in the construction or alteration of a structure on the same
lot or in the same development and stored for not more than one year
or not more than 60 days after completion of construction, whichever
is less; or
(3)
Such outdoor storage is limited to machinery, equipment or supplies
essential to the operation of a farm or storage of any products grown
on the premises of a farm or nursery.
B.
Except as otherwise provided for in statute or other regulations, two or more inoperative, unlicensed or uninspected motor vehicles shall not be parked, kept or stored, and no vehicle shall at any time be in a state of major disassembly, or disrepair or in the process of being stripped or dismantled, on any premises, except when housed in a totally enclosed building or in accordance with § 150-65, Motor vehicle fueling, service, sales or repair establishments.
[Added 2-7-2013 by L.L. No. 1-2013]
C.
No front yard shall be used for any open storage or other storage
of boats, motor homes, camping trailers, utility trailers or other
similar equipment.
D.
All enclosed storage shall be within structures which meet the requirements
of the New York State Uniform Fire Prevention and Building Code. Storage
in mobile homes not connected to public utilities is not allowed in
any district. Storage in tractor-trailer bodies shall not be allowed
without a conditional use permit issued by the Zoning Board of Appeals,
and in compliance with the following. Tractor-trailer bodies shall
be:
(1)
Painted in a fashion as to be in harmony with other structures on
the property.
(2)
Axles, wheel and tires shall be removed.
(3)
Any damage to the trailer shall be repaired prior to the placement.
(4)
No more than one tractor-trailer body per property.
(5)
The ZBA may apply any other condition it feels necessary.
E.
No outdoor storage in an industrial or shopping center district shall
occur within 100 feet of a residential or mixed use or mixed use hamlet
district. Outdoor storage in a gateway, core or waterfront district
shall provide a combination of distance and appropriately dense plantings
or structural landscaping elements to provide a buffer equivalent
to a one-hundred-foot setback from residential or mixed use or mixed
use hamlet uses or districts.
A pond or any artificial body of water over a depth of two feet must be set back a minimum of 25 feet from all property lines and existing septic systems and be installed pursuant to § 150-53.
A.
A building permit is required prior to installation of a fence unless
prohibited by the New York State Agriculture and Markets Law.
B.
Any fence shall have its most pleasant or decorative side facing
the adjacent properties. The fence posts and other supporting structures
of the fence shall face the interior of the area to be fenced.
C.
The height of all fences shall be measured from the average finished
grade of the lot at the base of the fence.
D.
Fences six feet or fewer in height are exempt from the setback requirements.
Higher fences are allowed only in commercial and industrial districts
and must be set back from the property line. In no case shall the
height of a fence exceed its setback from an adjacent lot.
E.
Fences incorporating barbed wire, electric current or similar materials
or devices shall be allowed only when necessary for agricultural or
public utility operations and, unless part of an agricultural operation,
shall be subject to a minimum ten-foot setback.
F.
The Joint Planning Board, as part of subdivision or site plan review,
may require a fence or other screen to shield adjacent residences
or other uses from undesirable views, noise or light.
G.
Fences shall be maintained to provide functional, visual and structural
integrity.
H.
Fences designed to maim or injure prospective intruders are prohibited except as authorized in Subsection E above.
J.
No fence erected on a lakeshore parcel shall unduly impair views
to the lake from adjacent and other area side lots. Permits for lakeshore
parcels shall be approved by the Zoning Board of Appeals.
Temporary use permits may be issued by the Code Enforcement
Officer for a period not exceeding one year for nonconforming uses
incident to housing and construction projects, including such structures
and uses as the storage of building materials and machinery, the processing
of building materials, a real estate office located on the tract being
offered for sale or a temporary dwelling, such as a recreational vehicle
with appropriate provisions for water supply and sewage disposal used
during construction of a dwelling, 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 or issuance
of any applicable certificate of occupancy. Such permits may be renewed
upon application to the Code Enforcement Officer for additional periods
not exceeding one year.
Public or private swimming pools shall comply with New York
State Uniform Fire Prevention and Building Code. Pool and deck placement
shall comply with structure setback requirements of the applicable
zoning district.
B.
The minimum distance between buildings in a multifamily project shall
be 25 feet. No multifamily dwelling or required recreation area shall
be closer to a preexisting single-family or two-family dwelling than
50 feet.
C.
Parking areas may be located no closer than 20 feet from any property
line and shall comply with all other regulations of the district in
which the use is located.
D.
Every multifamily dwelling building in a project shall have minimum
setback of 20 feet from all interior roads, driveways and parking
areas.
E.
Each multifamily dwelling project shall provide a recreation area
or areas furnished with suitable equipment at a standard of 100 square
feet for each dwelling unit, with a minimum of 1,600 square feet per
area.
F.
Multifamily dwellings must be served by public water and sanitary
sewers.
A.
The owner(s) of the lot upon which the accessory dwelling unit is
located shall reside within the principal or accessory dwelling unit.
B.
A homeowner of a lawful single-family use shall be permitted one
accessory dwelling unit.
C.
An accessory dwelling unit may be located either in the principal
building or in an accessory building.
D.
The area for an accessory dwelling unit shall not exceed 40% of the
area of the principal dwelling unit.
A.
All double-wide manufactured homes and preexisting single-wide replacements
installed and occupied pursuant to this section shall conform to the
New York State Uniform Fire Prevention and Building Code.
B.
All manufactured homes installed and occupied pursuant to this section
shall also comply with such additional construction regulations as
may be adopted by resolution of the governing board.
C.
All double-wide manufactured homes and single-wide replacements must
be skirted prior to the issuance of a certificate of occupancy.
D.
The minimum size of a manufactured home park shall be five acres.
E.
The minimum size of a lot in a mobile home park shall be 8,000 square
feet.
G.
No manufactured home or communal recreation area in mobile home park
shall be located closer to a preexisting single-family or two-family
dwelling than 50 feet.
H.
Private roads providing access to individual lots in a mobile home
park shall have a pavement as required by the Livonia Design Criteria
and Construction Standards for Land Development.[1]
[1]
Editor's Note: The Livonia Design Criteria and Construction
Specifications for Land Development is available from the Building
and Zoning Department.
I.
Every manufactured home park shall provide common recreational open
space furnished with suitable equipment at a standard of 100 square
feet per dwelling unit with a minimum area of 1,600 square feet per
area.
J.
Manufactured home parks shall be served by public water and sanitary
sewers.
A.
Minimum size of a campground shall be five acres.
B.
Individual campsites within a campground shall have a minimum area
of 2,500 square feet and a minimum width of 40 feet.
C.
Roadways in the camp shall have a minimum width of 12 feet for one-way
traffic and 18 feet for two-way traffic.
D.
All roads and parking areas shall be paved or dust-treated.
E.
Suitable covered garbage and recycling receptacles shall be available.
F.
Plans for sewage disposal, water supply, waste disposal and electrical
hookups and the number and location of toilets, sinks, showers, water
spigots and dump stations shall receive approval of the New York State
Department of Environmental Conservation and/or the Livingston County
Health Department.
G.
Buildings shall be set back at least 100 feet from major streams
and 50 feet from minor streams.
H.
Natural vegetation shall be retained wherever possible.
A.
If allowed by district regulations, produce, including fresh fruits,
vegetables, flowers or other products of the soil, may be sold or
offered for sale as an accessory use from a lot where a substantial
portion of such produce is grown on the premises.
B.
Such sales may take place only during the period of May 1 through
November 30 each year, except that apples, pumpkins, squash and honey
produced on the premises may be sold year-round, and Christmas trees
may be sold during the Christmas season. The hours of operation shall
not be greater than 8:00 a.m. to 8:00 p.m. daily, local time.
C.
If such sales of produce are from a structure, such structure shall
not exceed 1,200 square feet in area nor exceed 13 feet in height.
D.
The Joint Planning Board during site plan review shall ensure that
the proposed structure is architecturally compatible with the surrounding
neighborhood and that adequate off-street parking is provided.
E.
One sign may be erected on the premises, attached to the stand, not
exceeding 10 square feet, identifying the farm stand.
F.
Nothing herein contained shall be applicable to the sale of livestock
or the bulk sale of produce.
A.
All vehicle stacking areas shall be clearly identified through the
use of pavement markings, signs and/or curbing and landscaping features
and shall be designed so they do not interfere with safe pedestrian
and vehicle circulation on the site or along the public right-of-way.
B.
The length of stacking areas shall be determined by the maximum length
of stacking required to serve vehicles during the facilities peak
hour of operation.
C.
All drive-in establishment vehicle stacking areas shall be located
a minimum of 30 feet from any lot line adjoining a residential or
mixed use or mixed use hamlet district.
D.
Any speaker system installed as part of a drive-in establishment
shall be located a minimum of 30 feet from any property line adjoining
a residential or mixed use or mixed use hamlet district and shall
not be routinely audible to human occupants of the adjacent residential
property.
A.
In addition to the information required for site plan review as specified in Article XIV, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B.
All fuel pumps shall be located at least 25 feet from any street
or property line.
C.
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
D.
Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicle shall be offered for sale on the site,
except in accordance with an approved site plan. No motor vehicle
parts or partially dismantled motor vehicles shall be stored outside
of an enclosed building.
E.
Up to 10 unlicensed motor vehicles may be temporarily stored at a
repair or service establishment if adequate off-street parking spaces
are available.
F.
Accessory goods for sale may be displayed outdoors on the pump island
and the building island only. The outdoor display of oil cans and/or
antifreeze and similar products may be placed on the respective island
if provided for in a suitable stand or tank.
G.
No motor vehicle establishment with fuel-dispensing equipment shall
be located within 500 feet of any public entrance to a church, school,
library, hospital, charitable institution or place of public assembly.
Such distance shall be measured in a straight line from said public
entrance to the lot line nearest said entrance along the street line.
A home occupation is any occupation or profession, excluding
retail sales to customers or motor vehicle repairs on the premises,
which:
A.
Can be conducted without substantial change in the appearance, character
or traffic generation of the residence.
B.
Is carried on by a member of the household residing in the dwelling
unit.
C.
Is clearly incidental and accessory or secondary to the use of the
dwelling unit for residential purposes.
D.
Conforms to the following additional conditions:
(1)
The occupation or profession shall be carried on wholly within the
principal building.
(2)
Not more than two persons outside the household residing in the dwelling
shall be employed in the home occupation.
(3)
There shall be no exterior display, other than a sign, no exterior
storage of materials and no other exterior indication of the home
occupation or variation from the residential character of the principal
building.
(4)
No offensive odor, noise, vibration, smoke, dust, heat or glare shall
be produced, nor will the storage or handling of hazardous material
be allowed.
(5)
No more than 40% of the habitable space, at the time of application,
will be allowed for the use of the home occupation.
(6)
The Joint Zoning Board of Appeals may grant a conditional use permit to house the home occupation in an accessory building. Such use shall be subject to the requirements of § 150-17B and may be exempt from § 150-66D(5).
A.
Intent. The purpose of the incentive zoning provision is to offer
incentives to applicants who provide amenities that assist Livonia
in implementing specific physical, environmental or cultural policies
of the Comprehensive Plan.
B.
Applicability. Incentives may be offered to applicants in any district
who offer an acceptable amenity to the community in exchange for the
incentive.
C.
Allowable amenities. The selection of land or other amenities within
a parcel to be considered for incentive zoning shall be made by the
applicant and subject to the approval of the Joint Planning Board.
The following amenities may be accepted by the governing board:
(1)
Permanent conservation of natural areas or agricultural lands.
(2)
Provision of passive/active open space.
(3)
Infrastructure improvements (sewer, water, roads).
(4)
Public access to waterfronts.
(5)
Provision of trail linkages.
(6)
Preservation of scenic views.
(7)
Provision of cross access easement or shared access.
D.
Allowable incentives. The following incentives may be granted by
the Livonia Town Board to the applicant on a specific site:
E.
Criteria and procedure for approval. Applications for incentives
in exchange for amenities shall be submitted to the governing board
of the municipality in which the property is located. In order to
preliminarily evaluate the adequacy of amenities to be accepted in
exchange for the requested incentive, the following information shall
be proposed by the applicant:
(1)
The proposed amenity.
(2)
The value of the proposed amenity.
(3)
A narrative which:
(a)
Describes the benefits to be provided to the community by the
proposed amenity.
(b)
Provides preliminary indication that there are adequate sanitary
sewers, water, transportation, waste disposal and fire protection
facilities in the zoning district in which the proposal is located
in order to accommodate additional demands, if any.
(c)
Explains how the proposed amenity promotes implementation of
physical, environmental or cultural policies articulated in approved
plans.
(d)
Describes the requested incentive and its value.
(4)
The Joint Planning Board will review the proposal and report to the
governing board with its evaluation of the adequacy with which the
amenity(ies)/incentive(s) fit the site and how they relate to adjacent
uses and structures. The Joint Planning Board's review shall be limited
to the planning, design and layout considerations involved with project
review or such other issues as may be specifically referred by the
local governing board.
(5)
The local governing board will review the Joint Planning Board's
report. The local governing board will notify the applicant as to
whether it is willing to further consider the proposal and hold a
public hearing thereon.
(6)
All applicable requirements of the State Environmental Quality Review
(SEQR) Act shall be complied with as part of the review and hearing
process. In addition to other information that may be required as
part of the environmental assessment of the proposal, the assessment
shall include verification that the zoning district in which the proposal
is to be located has adequate sanitary sewer, water, transportation,
waste disposal and fire protection facilities to:
(a)
Serve the remaining vacant land in the district as though it
were developed to its fullest potential under the district regulations
in effect at the time of the amenity/incentive proposal.
(7)
Following the hearing and in addition to compliance with all SEQR
requirements, the local governing board shall, before taking action,
refer the proposal for review and comment to other governmental agencies
as may be required and may refer the proposal to the Joint Planning
Board and other boards and officials for review and comment. In order
to approve an amenity/incentive proposal, the local governing board
shall determine that the proposed amenity provides sufficient public
benefit to provide the requested incentive. Thereafter, the Joint
Planning Board is authorized to act on an application for site plan
or subdivision approval pursuant to applicable regulations.
(8)
Following preliminary plan approval and subject to meeting all conditions
imposed on the preliminary plan, including all documentation required
by the Municipal Attorney and local governing board on the amenity,
the applicant may submit a final plan for review and approval.
F.
Cash payment in lieu of amenity. If the local governing board finds
that a community benefit is not suitable on site or cannot be reasonably
provided, the local governing board may accept a cash payment in lieu
of the provision of the amenity. These funds shall be placed in a
trust fund to be used by the local governing board exclusively for
amenities specified prior to acceptance of funds. Cash payments in
lieu of amenities are not to be used to pay general and ordinary governmental
operating expenses.
A.
Applicability.
(1)
Joint Planning Board action. All uses subject to the requirements
of this section may be established and maintained if their operation
is approved by the Joint Planning Board as being in conformance with
the standards and regulations limiting dangerous and objectionable
elements, such as dust, smoke, odor, fumes, noise or vibration. In
approving the site plan, the Joint Planning Board shall decide whether
the proposed use will conform to these applicable performance standards
or any additional performance standards required by state or federal
laws or which are generally recognized performance standards for a
given industry.
(2)
Uses subject to the performance standards procedure.
(a)
All uses subject to site plan review must comply with these
performance standards.
(b)
In addition, if the Code Enforcement Officer has reasonable
grounds to believe that any other existing or proposed use violates
any of the performance standards, such proposed use may be required
to certify compliance with these performance standards or such existing
use may be cited for violation of this chapter.
B.
Performance standards procedures.
(1)
The Code Enforcement Officer as part of the sketch plan conference
shall tentatively identify whether a proposed use will be required
to certify compliance with any of the performance standards listed
in this section. Certification may require signing a written statement
or presentation of construction details and a description of the specifications
for the mechanisms and techniques to be used in restricting the emissions
of any dangerous and objectionable elements. The applicant shall also
file with such plans and specifications an affidavit acknowledging
understanding and stating agreement to conform to the same at all
times. Any information which is designated by the applicant as a trade
secret and submitted herewith will be treated as confidential under
provisions of the New York State Freedom of Information Law. During
the course of site plan review, the Joint Planning Board will determine
if the applicant's proposal falls within the performance standards.
(2)
Expert consultants. The Joint Planning Board may require a report
by one or more expert consultants retained by the Joint Planning Board
or retained by the applicant and approved by the Joint Planning Board
to advise as to whether the proposed use will conform to the applicable
performance standards. The consultant shall report to the Board within
20 days, and a copy of the report shall be promptly furnished to the
applicant. The cost of any such special reports by expert consultants
shall be paid by the applicant. The applicant shall submit to the
Joint Planning Board a written report showing the manner in which
the proposed use will comply with the performance standards. Any building
permit or certificate of occupancy shall be conditioned on, among
other things, the applicant paying the fee for services of such expert
consultants as the Joint Planning Board may call upon for advice as
to whether or not the applicant's completed buildings and installations
will conform in operation to the applicable performance standards.
C.
Performance standard regulations.
(1)
Fire and explosive hazards. All activities involving and all storage
of flammable and explosive materials shall be protected at all times
with adequate safety devices against the hazard of fire and explosion
and adequate fire-fighting and fire-suppression equipment and devices
standard in industry. Burning of waste materials in open fires is
prohibited at any time. The relevant provisions of state and local
laws and regulations shall also apply.
(2)
Vibration.
(a)
No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot lines, nor shall any vibrations produced exceed 0.002
g peak at up to a frequency of 50 cycles per second, measured at or
beyond the lot lines using either seismic or electronic vibration
measuring equipment.
(b)
Vibrations occurring at higher than a frequency of 50 cycles
per second or a periodic vibration shall not induce accelerations
exceeding 0.001 g. Single-impulse periodic vibrations occurring at
an average interval greater than five minutes shall not induce accelerations
exceeding 0.01 g.
(3)
Noise.
(a)
The maximum decibel level radiated by any use or facility at
any lot lines shall not exceed the values in the designated octave
bands given in Table I. The sound-pressure level shall be measured
with a second-level meter and associated octave-band analyzer conforming
to standards prescribed by the American Standards Association. (American
Standard Sound-Level Meters for Measurement of Noise and Other Sound,
Z24.3-1944, American Standards Association, Inc., New York, and American
Standard Specifications for an Octave-Bank Filter Set for the Analysis
of Noise and Other Sounds, Z24.10-1953, American Standards Association,
Inc., New York, shall be used.)
|
Table I
| ||
|---|---|---|
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
| |
|
0 to 75
|
69
| |
|
75 to 150
|
60
| |
|
150 to 300
|
56
| |
|
300 to 600
|
51
| |
|
600 to 1,200
|
42
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
38
| |
|
4,800 to 10,000
|
35
| |
(b)
Where any use adjoins a residential, mixed use or mixed use
hamlet district at any point at the district boundary, the maximum
permitted decibel levels in all octave bands shall be reduced by six
decibels from the maximum levels set forth in Table I.
(4)
Smoke. The density emission of smoke or any other discharge into
the atmosphere during normal operations shall not exceed visible gray
smoke of a shade equal to or darker than No. 2 on the standard Ringelmann
Chart. (The Ringelmann Chart is a chart published by the United States
Bureau of Mines which shows graduated shades of gray for use in estimating
the light-obscuring capacity of smoke). These provisions applicable
to visible gray smoke shall also apply to visible smoke of a different
color but with an apparent equivalent capacity.
(5)
Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5 of the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.
(6)
Fly ash, dust, fumes, vapors, gases and other forms of air pollution.
No emission shall be permitted which can cause any damage to health,
animals, vegetation or other forms of property or which can cause
any excessive soiling at any point beyond the boundaries of the lot.
The concentration of such emission on or beyond any lot line shall
not exceed 0.1 the maximum allowable concentration set forth in § 12-29
of the Industrial Code Rule No. 12, relating to the control of air
contaminants, adopted by the Board of Standards and Appeals of the
New York State Department of Labor, effective October 1, 1956, and
any subsequent standards.
(7)
Electromagnetic radiation. It shall be unlawful to operate or cause
to be operated any planned or intentional source of electromagnetic
radiation which does not comply with the current regulations of the
Federal Communications Commission regarding such sources or electromagnetic
radiation, except that, for all governmental communications facilities,
governmental agencies and government-owned plants, the regulations
of the Interdepartment Radio Advisory Committee regarding such sources
of electromagnetic radiation shall take precedence over the regulations
of the Federal Communications Commission. Further, said operation
in compliance with the Federal Communications Commission or the Interdepartment
Radio Advisory Committee regulations shall be unlawful if such radiation
causes an abnormal degradation in performance of other electromagnetic
radiators or electromagnetic receptors of quality and proper design
because of proximity, primary field, blanketing, spurious reradiation,
harmonic content or modulation of energy conducted by power or telephone
lines. The determination of abnormal degradation in performance and
of quality and proper design shall be made in accordance with good
engineering practices, as defined in the latest principles and standards
of the American Institute of Radio Engineers and the Electronic Industries
Association. In case of any conflict between the latest standards
and principles of the above groups, the following precedence in interpretation
of the standards and principles shall apply: American Institute of
Electrical Engineers; Institute of Radio Engineers; and Electronic
Industries Association.
(8)
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.
(9)
Heat. Heat emitted at any or all points shall not at any time cause
a temperature increase on any adjacent property in excess of 5º
F., whether such change is in the air or on the ground, in a natural
stream or lake, or in any structure on such adjacent property.
(10)
Glare.
(a)
Direct glare. No such direct glare shall be permitted, with
the exception that parking areas and walkways may be illuminated by
luminaries so hooded or shielded that the maximum angle of the cone
of direct illumination shall be 60º drawn perpendicular to the
ground, and with the exception that such angle may be increased to
90º if the luminary is less than four feet above ground.
(b)
Indirect glare. Indirect glare shall not exceed that value which
is produced by an illumination of the reflecting surface, not to exceed
0.3 footcandle (maximum) and 0.1 footcandle (average). Deliberately
induced sky-reflected glare, as by casting a beam upward for advertising
purposes, is specifically prohibited.
(11)
Liquid or solid waste. No discharge shall be permitted at any
point into a public sewer or stream or into the ground, except in
accord with standards approved by the State and Livingston County
Departments of Health and local ordinances, of any materials of such
nature or temperature as can contaminate any water supply or otherwise
cause the emission of dangerous or offensive elements. There shall
be no accumulation of solid wastes conducive to the breeding of rodents
or insects.
A.
Intent. The purpose of this land conservation section is to delineate
and help to protect areas in Livonia where substantial development
of the land, including changing the character or use, may cause ecological
harm, create a public health or safety problem, or degrade significant
community features, such as scenic views or sites of historic or archaeological
significance. Special or unusual conditions of topography, drainage,
soil permeability, floodplain or other natural conditions and the
lack of proper facilities or improvements may result in the land not
being suitable for development at the present time.
B.
Derivation. Land conservation areas in Livonia have been derived generally on the basis of soils and existing land use studies and data and have been mapped to identify the following specific conservation areas: natural forest/woodland, wetland, steep slope, floodplain, major scenic overlook, stream corridor, watershed and sites of historical/archaeological significance. The above mapped conservation areas are official supplemental guides to the Zoning Map to be used by Livonia in ascertaining what special conditions, if any, should be imposed or precautions taken before allowing development to proceed.
C.
Procedure for processing zoning permits using conservation areas
maps. Whenever an application is made for a zoning permit in Livonia,
the Code Enforcement Officer shall proceed as follows:
(1)
Identify the approximate location of the proposed building site and/or
use and check to see if the site is situated in one or more of the
mapped conservation areas.
(2)
If the applicant's proposed development or use is found to be located
well outside of any identified conservation area shown on the supplemental
map, the Code Enforcement Officer may issue a zoning permit, provided
that all other requirements and conditions of the chapter are met.[1]
[1]
Editor's Note: The supplemental map is on file in the Building
and Zoning Department.
(3)
If the applicant's property is found to be located completely or
partially within one or more of the mapped conservation areas or bordering
thereon, the Code Enforcement Officer shall accompany the applicant
to the site to confirm the exact location and existing physical conditions.
(4)
If the Code Enforcement Officer confirms the location of the proposed development and/or use within any of the conservation districts, the activity proposed may, at the discretion of the CEO, be subject to review by the Joint Planning Board in accordance with the site plan review requirements of Article XIV and the standards of this section.
D.
The following is a list of the mapped land conservation areas and
relevant review standards.
(1)
Forest/woodland.
(a)
Whenever possible, the site plan shall be so designed as to
minimize the number of trees 30 feet and over in height which would
have to be removed or would otherwise disturb the forest floor.
(b)
Activities, such as subdivisions, campgrounds, mobile home parks
and most commercial or industrial uses, shall be guided in their layout
by a qualified forester or landscape professional.
(3)
Steep slope.
(a)
The site plans submitted to the Joint Planning Board for review
shall be prepared by a licensed architect or professional engineer
and engineered specifically for the steep slope where the building
will be placed.
(b)
Architectural design of the house or structure shall be such
as to minimize the amount of cutting into the embankment, general
grading and removal of vegetative cover. A rectangular-shape structure
which can be placed parallel to the contour of the hill and/or designing
a cantilevered structure for maximum exposure above the ground is
acceptable.
(c)
Location of driveway, walkway, accessory buildings and structures
and general grading shall minimize disturbance of steep slope areas
and potential for erosion.
(d)
Terracing, sodding, planting and the construction of retaining
walls shall be performed as found necessary.
(4)
Floodplain. In accordance with National Flood Insurance specifications and Chapter 80 of the Code of the Town of Livonia or Chapter 93 of the Code of the Village of Livonia, the following conditions shall apply:
(a)
Structures shall be designed and anchored to prevent the flotation,
collapse or lateral movement of the structure or portion of the structure
due to flooding.
(b)
Construction materials and utility equipment that are resistant
to flood damage shall be used.
(c)
Construction methods and practices that will minimize flood
damage shall be used.
(d)
Adequate drainage shall be provided in order to reduce exposure
to flood hazards.
(e)
Public utilities and facilities shall be located on the site
in such a manner as to be elevated and constructed to minimize or
eliminate flood damage. Such utilities and facilities include sewer,
gas, electrical and water systems.
(5)
Major scenic overlook.
(a)
No identified major scenic overlook shall be seriously threatened
by any proposed new construction if the Joint Planning Board determines
that a reasonable alternative exists. This may include the modification
of the architectural design or relocation of the building site.
(b)
If no reasonable alternative, as defined in Subsection D(5)(a) above, exists, site plan review approval may be withheld up to but no longer than 120 days, during which time a municipal agency or a philanthropic organization can be given the opportunity to preserve the site by acquisition or other means.
(6)
Stream corridor. These regulations shall apply to streams shown on
the Livonia base map and to any major drainageway.
(a)
No new public road or private road shall be located within 25
feet of the mean high-water mark except for such portions as are necessary
for crossing the stream. Where alternative access to the other side
of the stream is available, new crossings shall be discouraged.
(b)
New structures, except for fences, bridges and fishing parking
areas, shall not be constructed within 25 feet of the mean high-water
mark.
(c)
A buffer strip consistent with the following standards shall
separate all new structures, except fences, bridges and fishing parking
areas, from the stream.
|
Slope of Land
|
Degrees from Horizontal
|
Width of Buffer Strip in Critical Area from Mean High-Water
Mark
(feet)
| |
|---|---|---|---|
|
0
|
0°
|
50
| |
|
10
|
6°
|
90
| |
|
20
|
12°
|
130
| |
|
30
|
17°
|
170
| |
|
40
|
23°
|
210
| |
|
50
|
26°
|
250
| |
|
60
|
31°
|
290
| |
|
70
|
35°
|
330
| |
|
80
|
39°
|
370
| |
|
90
|
42°
|
410
|
|
Source: Hartung, R.E., and Kress, S.W,; Woodlands of Northeast,
United States Department of Agriculture (USDA), Soil Conservation
Service (SCS), and Forest Service, Philadelphia, Pennsylvania, 1977.
|
(d)
New structures and roads shall be designed and constructed in
accord with erosion control standards and stormwater control standards
contained in the supplemental stream conservation resource document.
Refer to erosion and sediment control best management practices (BMPs)
and stormwater management BMPs from pages 65 to 93 in Chapter 6 of
the New York State Department of Environmental Conservation (NYSDEC)
Stream Corridor Management Manual.
(e)
Within the buffer strip identified hereunder, woody shrubs and
trees shall be retained sufficient to maintain the stability of the
stream bank and to minimize stream bank erosion and direct runoff.
Forest management roads or skid trails shall not be allowed inside
the mean high-water mark, except at necessary stream crossings, and
they shall be allowed at a distance from the mean high-water mark
that is consistent with the following criteria for establishing buffer
strips for logging areas.
|
Slope of Land
|
Degrees From Horizontal
|
Width of Buffer Strip for Logging Areas
(feet)
| |
|---|---|---|---|
|
0
|
0°
|
50
| |
|
10
|
6°
|
50
| |
|
20
|
12°
|
65
| |
|
30
|
17°
|
85
| |
|
40
|
23°
|
106
| |
|
50
|
26°
|
125
| |
|
60
|
31°
|
145
| |
|
70
|
35°
|
165
| |
|
80
|
39°
|
185
| |
|
90
|
42°
|
205
| |
|
100
|
45°
|
225
|
|
Source: Hartung, R.E., and Kress, S.W.; Woodlands of Northeast,
USDA, SCS, and Forest Service, Philadelphia, Pennsylvania, 1977.
|
(f)
To protect the water quality, bed and banks of a stream from the impacts associated with logging, no more than 1/3 of the timber will be removed in a ten-year period within the buffer strip designated under Subsection D(6)(e) above. A professional timber harvesting program is required, including restoration measures for disturbed land and skid trail. A letter of credit may be required if deemed necessary by the governing board.
(7)
Conesus and Hemlock Lake Watersheds.
(a)
New structures shall be designed and constructed in such manner
as to avoid undue adverse environmental impacts and in accord with
erosion control standards and stormwater control standards contained
in the supplemental stream conservation resource document. Refer to
erosion and sediment control best management practices and stormwater
management best management practices from pages 65 to 93 in Chapter
6 of the NYSDEC Stream Corridor Management Manual.
(b)
Storm sewer outlets shall not be made directly to lakes, impoundments,
streams or their tributary watercourses without other treatment as
specified in current engineering design criteria. Provision shall
be made to discharge to the surface at least 100 feet from lakes,
impoundments, streams and their tributary watercourses.
(c)
The dumping of more than two cubic yards of snow removed from
streets, road and parking areas directly into lakes, reservoirs, impoundments
or streams is prohibited.
(d)
Animal wastes.
[1]
No concentration of animal wastes from an agricultural operation,
including but not limited to manure piles, feedlots, barnyards and
yarding areas, shall be located within a linear distance of 250 feet
from any lake, reservoir, impoundment or watercourse.
[2]
Barnyards, feedlots, yarding areas and manure piles shall be
separated from streams and water bodies by ditches or surface grading
to prevent their runoff from entering streams and water bodies.
[3]
Drainage from barnyards, feedlots, yarding areas or manure piles
shall not be discharged directly to a lake, reservoir, impoundment
or watercourse. Such drainage shall be dispersed over the surface
of the ground at a minimum distance of 250 linear feet from any lake,
reservoir, impoundment or watercourse.
[4]
Provision shall be made for satisfactory disposal of milkhouse
waste either by surface or subsurface irrigation that prevents any
discharge to any lake, reservoir, impoundment or watercourse. Such
facilities shall be located at least 100 linear feet from the lake,
reservoir, impoundment or watercourse.
(e)
Industrial sludge and toxic chemicals. Toxic chemicals shall
not be buried in the soil, spread upon the surface of the ground or
allowed to enter surface waters.
(h)
Stockpiles.
[1]
Storage of chloride salts is prohibited within a linear distance
of 500 feet of a lake, reservoir, impoundment or watercourse, except
in weatherproof buildings or watertight vessels.
[2]
Calcium chloride shall be used instead of sodium chloride where
possible to limit sodium input to area waters.
(i)
All land-disturbing activity, including general construction,
highway construction, access road construction and maintenance, is
prohibited, except where remedial measures have been put in place
to minimize erosion and sediment production as per the standards of
the Livonia Design Criteria and New York State Guidelines for Stream
Corridor Management and Erosion and Sediment Control.
(8)
Sites of historic or archaeological significance. No sites of historic
or archaeological significance shall be seriously threatened by any
proposed new construction if the Joint Planning Board determines that
a reasonable alternative exists. This may include the modification
of the architectural design or relocation of the building site.
[Added 9-21-2023 by L.L. No. 4-2023]
A.
Intent:
to regulate agritourism and agribusiness in such a way that the rural
character of the community remains intact while encouraging and protecting
agricultural tourism at an appropriate scale and intensity. Development
restrictions are intended to ensure compatibility with adjacent land
uses and available public services, limit impacts to the natural environment,
and ensure farmers rights to use these beneficial accessory operations
in a way that enhances the community they are located in.
B.
All
agritourism and/or agribusiness uses shall conform to the following
conditions:
(3)
Comply with all regulations and processes associated with Article XIV, Site Plan Review and Approval, by the Livonia Joint Planning Board.
(4)
Minimum lot size to be three acres, plus any additional acreage determined
by the Planning Board to be required in order to provide for possible
future expansion and buffer noise, lights, etc., from neighboring
uses.
(5)
Maximum build-out for site shall be determined by Planning Board.
(6)
Permitted agritourism or agribusiness activity shall be and remain
an accessory use to the owner’s farm or farm operation.
(7)
Any significant or material change or expansion of the uses associated
with a previously granted conditional use permit for agritourism or
agribusiness shall require additional review and approval by the Town
of Livonia Planning Board.
(8)
Applicant is required to provide to the Building and Zoning Department
and to maintain accurate and up-to-date as-built maps of facilities.
(9)
All facilities are subject to applicable building and fire codes,
including periodic fire inspections.
(10)
Hours of operation and noise level limits shall be set as determined
by the Planning Board and/or Zoning Board of Appeals.
