A.
The Village of Liberty is hereby divided into the
following types of districts:
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R-1
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Residential Low Density
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R-2
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Residential High Density
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C
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Commercial
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DCC
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Downtown Commercial Core
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M
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Manufacturing
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B.
Floodplain Overlay, Aquifer Protection Overlay and
PUD Planned Unit Development Districts are also provided for hereunder.
The location and boundaries of said districts
are hereby established as shown on the Official Zoning Map of the
Village of Liberty, as amended this date or hereafter, which is attached
hereto and made a part of this chapter.
[1]
Editor's Note: The Zoning Map is on file in
the Village offices.
A.
Zoning district boundary lines are intended generally
to follow or connect the center lines of rights-of-way; existing lot
lines; the mean water level of rivers, streams and other waterways;
or Village boundary lines, all as shown on the Zoning Map, but where
a district boundary line does not follow such a line, its position
is shown on said Zoning Map by a specific dimension or relationship
to such a line.
B.
Where a district boundary line divides a lot of record
at the time such line is established, the Planning Board may allow
the extension of activities permitted in the larger district to the
smaller as a special use, provided that such expansion is limited
to 50% of the depth of the district fronting on any street. This is
to permit more flexibility in the use of large parcels.
C.
When the specific location of a zoning district boundary
line cannot be ascertained, the Code Enforcement Officer shall request
the Planning Board to render an interpretation, which shall then be
used as the basis for applying zoning standards.
The restrictions and controls intended to regulate
development in each district are set forth in the following Schedule
of District Regulations, which is then supplemented by other sections
of this chapter and other laws of the Village of Liberty. Any use
identified as a principal permitted use shall be permitted as a matter
of right upon application to the Code Enforcement Officer, provided
that the proposed use is in compliance with these regulations. Special
uses are also subject to site plan review and, specifically, Planning
Board approval as prerequisites to the Code Enforcement Officer issuing
a permit for their establishment. Site plan review shall also be required
for new nonresidential uses and such other uses as the Village Board
may from time to time designate by local law. Accessory uses are permitted
to accompany or precede principal permitted and special uses, and
permits for these uses shall be issued directly by the Code Enforcement
Officer.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
A.
Whenever any owner or occupant of any property in the Village of Liberty shall, for any purpose or in any manner; 1) establish a new use; 2) commercially clear land as defined in § 87-14 below or excavate or grade more than 10,000 square feet of land or any land for purposes of making permanent structural improvements to a property that would otherwise require a permit hereunder; 3) change an existing use; 4) make permanent structural improvements to a property that would require a permit under the Building Code of New York State; 5) erect a new building; 6) move, alter, add to or enlarge any existing land use or building; such owner or occupant shall first comply with the requirements of this chapter and obtain any approvals and permits required hereunder, unless specifically exempted from such requirements by this chapter. An approval shall be required whenever a change in land use occurs, regardless of whether or not any new construction is involved hereunder.
B.
If a proposed use is not specifically listed in any
category of uses or within any zoning district on the Schedule of
District Regulations,[1] the Planning Board shall render a formal determination
as to whether or not the use is permitted in a given district, and
if the use is permitted, it shall then process the application as
a special use. The Planning Board shall make its determination on
the basis of similarities of the use to other specifically listed
uses within various districts, taking into consideration the impacts
of the use on the community and the neighborhood in which it is proposed.
This shall not permit the Planning Board to reclassify uses which
are already listed, nor shall the Planning Board allow any use which
is not listed in a particular district if that use is already permitted
in another district.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
C.
Any use which is noxious, offensive or objectionable
by reason of the emission of smoke, dust, gas, odor or other form
of air pollution or by reason of the deposit, discharge or dispersal
of liquid or solid wastes in any form in a manner or amount as to
cause permanent damage to the soil and stream or to adversely affect
the surrounding area or by reason of the creation of noise, vibration,
electromagnetic or other disturbance or by reason of illumination
by artificial light or where light reflection emanates, or which involves
any dangerous fire, explosive, radioactive or other hazard or which
causes injury, annoyance or disturbance to any of the surrounding
properties or to their owners and occupants and any other process
or use which is unwholesome and noisome and may be dangerous or prejudicial
to health, safety or general welfare is prohibited. Further, except
as may herein be provided, the following uses and activities are expressly
prohibited:
(1)
Dumps. No dump or deposit of rubbish or garbage or
tires where vermin, flies or mosquitoes may breed, from which offensive
odors may be emitted or where a smoldering fire may burn shall be
permitted except for municipal transfer stations.
(3)
Manufactured homes outside of manufactured home parks.
A.
Minimum development standards. The development standards
contained herein are minimums and shall apply to each dwelling unit
unless otherwise specifically provided. Notwithstanding this, the
minimum lot area for a two-family dwelling shall be 135% of that for
a single-family dwelling.
B.
Corner lots. No obstruction to vision (other than
an existing building, post, column or tree) exceeding 30 inches in
height above the established grade of the street at the property line
shall be erected or maintained on any lot within the triangle formed
by the street lot lines of such lot and a line drawn between points
along such street lot lines 30 feet distant from their points of intersection.
C.
Through lot requirements. A through lot shall be considered
as having two street frontages, both of which shall be subject to
the front yard requirements of this chapter.
D.
Minimum lot frontage. All residential lots shall have
a front lot line, along the right-of-way, with a minimum length of
50 feet. Flag lots shall, nonetheless, be permitted where a single
driveway is used to provide access to two lots, one along the front
lot line and the other to the rear of such lot, provided a right-of-way
of no less than 25 feet in width is provided for the drive and the
owners have submitted a joint maintenance agreement or deed covenant
providing for the shared maintenance of such drive.
E.
Regulations applicable where a residential district
abuts a nonresidential district.
(1)
Ingress or egress to business and industrial sites.
Where a residential district (R-1 or R-2) is bounded by a portion
of a commercial or manufacturing district (C, DCC or M), then any
street extending through such residential district shall not be used
for any business or industrial purpose, including ingress or egress,
unless approved by the Planning Board. The business structure erected
in said business district shall front and have the building entrances
upon the street set aside for business purposes. All means of ingress
to or egress from the site shall be approved by the Planning Board.
(2)
Garage entrances. No public garage for more than five
motor vehicles shall have an entrance or exit for the same vehicles
within 50 feet of a residential district.
A.
General application. No building or structure shall
exceed in building height the number of feet permitted as a maximum
on the Schedule of District Regulations[1] for the district where such building or structure is located.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
Permitted exceptions. Height limitations stipulated
elsewhere in this chapter shall not apply to church spires, belfries,
cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles,
radio and transmission towers, farm buildings or similar noninhabited
structures under 150 feet in height. Structures over 150 feet in height
may be permitted as special uses, provided that they are sufficiently
set back from adjoining properties to avoid any safety hazard connected
therewith and meet all state and federal air safety and electronic
communications standards. Other height exceptions may also be granted
as special uses where fire-fighting capacity will not be threatened
and buffers and setbacks are also proportionally greater.
A.
Side yard exception. Where the side wall of a building
is not parallel with the side lot line or is irregular, the side yard
may be varied at the discretion of the Planning Board. In such case,
the average width of the side yard shall not be less than the otherwise
required minimum width; provided, however, that such yard shall not
be narrower at any point than 1/2 the otherwise required minimum width.
B.
Front yard exception. When an unimproved lot is situated
adjacent to or between improved lots already having a principal building
within the required front yard, the front yard for the unimproved
lot may be reduced to the average depth of the front yards for the
two nearest adjoining improved lots.
C.
Provision of yard or other open space. No yard or
other open space provided about any buildings to comply with the provisions
of the law shall be considered as providing a yard or open space for
any other building, and no yard or other open space on another lot
shall be considered as providing a yard or open space for a building
on any other lot.
The location, limitation and coverage of accessory
buildings shall be as follows:
A.
No permitted accessory building shall be placed in
any required side or front yard except as provided in this article.
B.
The aggregate ground area covered by any accessory
buildings in any rear yard shall not exceed 50% of the rear yard area.
C.
Accessory structures not attached to a principal structure
shall:
(1)
Be located not less than 10 feet from any side or
rear lot line or in such a fashion as to prevent emergency fire-fighting
access or to shade a residential structure on an adjoining lot.
(2)
Be no closer to the street than any principal structure
on the lot. Accessory buildings to principal structures located more
than 100 feet from a lot line shall be exempt. Accessory structures
may, in these situations, be located in front of residences but not
in required front yard areas.
D.
Accessory structures of more than one story in height
within required side or rear yards shall be subject to special use
review.
E.
Railroad cars or retired mobile home units and recreational
vehicles shall not be used for purposes of accessory storage structures.
Storage trailers and bulk containers may be used for accessory storage
in C and M Districts only, subject to site plan review by the Planning
Board. Temporary use of such trailers or containers in R-1 and R-2
Districts during construction periods may be authorized by the Code
Enforcement Officer, provided that such storage trailers and containers
are completely removed prior to issuance of a certificate of compliance
or certificate of occupancy, whichever shall be applicable.
F.
Fences and walls. Except as otherwise required herein
or approved by the Planning Board as part of a site plan, fences and
walls:
(1)
Shall not exceed six feet in height when erected in
required side or rear yards and shall not exceed four feet in height
when erected in the required front yard;
(2)
Shall conform to corner lot requirements contained
herein;
(3)
Shall be measured from the ground level at the base
of the fence or wall, excepting that where there is a retaining wall,
the height shall be measured from the average of the ground levels
at each end of the retaining wall; and
(4)
In the case of retaining walls over four feet high
require site plan review by the Planning Board and a building permit.
G.
Garages and storage of recreation vehicles in residential
zones.
(1)
Garage accessory to single-family detached dwelling.
A garages accessory to a single-family detached dwelling used for
vehicle storage shall not exceed 25 feet by 50 feet in area with a
maximum wall height of 12 feet.
(2)
Garages accessory to two-family or multifamily dwellings.
Garages accessory to two-family or multifamily dwellings used for
vehicle storage shall not exceed 25 feet by 50 feet in area with a
maximum wall height of 12 feet. Garage space may be provided for each
family for which such residence is arranged. Space in a garage accessory
to a multifamily residence shall be used solely by occupants of the
premises.
(3)
Storage of recreation vehicles. The outdoor storage
of one operable state-inspected recreation vehicle (travel trailer)
or one operable boat of more than 15 feet in length is permitted for
every 20,000 square feet of lot area, provided that such trailer or
boat is unoccupied and not stored between the street line and the
front building line, except that one such vehicle or boat may be stored
in a driveway. Under no circumstance may such a vehicle or boat be
stored within 15 feet of a street line or closer to a property line
than the minimum distance permitted for an accessory structure.
(4)
Storage and parking of commercial vehicles. In residential
zones, no more than one commercial vehicle under 18,000 pounds and
none over that size shall be permitted on a continuing basis (more
than seven days in any given month). This restriction shall also apply
to unlicensed vehicles used for storage purposes on C, DCC and M District
vacant lots, if not accessory to an adjoining business. Outdoor storage
of more than one commercial vehicle is allowed by special use permit
in the C or DCC Districts and shall be unrestricted in M Districts.
Commercial vehicles or auxiliary engines may not be left running in
residential zones.
A.
Purpose. The purpose of this section is to ensure
that the trees and forests of the Village are protected from unregulated
removal and destruction, to maintain and/or improve surface water
quality, to enhance the aesthetics of site development, to preserve
important scenic vistas which are visible from public rights-of-way,
to maintain soil and slope stability and to control the impacts of
development on the environment. It is the policy of the Village of
Liberty to limit land clearing activities in the Village since they
have the effect of increasing the potential for soil erosion and can
degrade existing water quality through siltation and sedimentation,
create visual scars in landscape, and reduce forest habitat.
B.
Definitions. Land clearing is defined, for purposes
of this section, as the cutting or removal within any area of 50%
or more of those trees having a diameter of two inches or more measured
four feet above the ground.
C.
Submission required. The proposed land clearing shall
require submission of the following:
(1)
Survey map illustrating the property boundaries and
delimiting the area proposed for land clearing;
(2)
Location of any trees having a diameter of two inches
or more measured four feet above the ground within the land clearing
area;
(3)
The location of any streams within 200 feet of limits
of land-clearing activity;
(4)
Mitigation measures to reduce the impact associated
with soil erosion and sedimentation;
(5)
Whether any pesticides and/or herbicides will be applied
and, if so, setting forth the identity of each such pesticide and/or
herbicide and the manner in which they will be applied, used, maintained
and controlled; and
(6)
The location of all wood roads and skid trails and
where equipment will be operated must be set forth on the site plan.
D.
Standards. An application for land clearing shall
only be approved if it meets the following standards:
(1)
The activities minimize, to the maximum extent practicable,
the need for land clearing. Whenever possible, the applicant shall
be required to perform selective cutting;
(2)
Land clearing shall not be conducted within 10 feet
of any side lot line, nor within 25 feet of any front or rear lot
line;
(3)
Land-clearing activity shall be minimized to reduce
visual impact to scenic views in the community. In these instances,
selective cutting is the preferred alternative;
(4)
Land clearing shall avoid removal of large-diameter
trees (eight-inch diameter or greater measured four feet above the
ground), to the maximum extent practicable;
(5)
The land clearing reduces impacts associated with
soil erosion and sedimentation to the maximum extent practicable;
(6)
Use of any pesticides and/or herbicides will be applied,
used, maintained and controlled in strict accordance with all applicable
federal, state and local laws, rules and regulations; and
(7)
Wood roads and skid trails will be located and equipment
will be operated so as to minimize erosion on slopes and elsewhere.
E.
(Reserved)
F.
Exceptions. A permit for land clearing shall not be
required for the following activities:
(1)
Minor tree removal activities associated with home
landscaping, repairs and maintenance work;
(2)
Individual service connections and construction or
installation of public utility lines;
(3)
Preparation of a site for the construction of no more
than one single-family residence or one two-family residence separately
built;
(4)
Installation of fence and sign posts or telephone
and electric poles and other kinds of posts and poles;
(5)
Highway or public utility construction or maintenance;
(6)
Emergency work to protect life, limbs and property;
or
(7)
The removal of dead, diseased or dying trees or vegetation
which, in the opinion of the Building Inspector, presents safety or
health hazards.
G.
Inspection required prior to issuance of permit; issuance
of permit. Upon final site plan or subdivision approval of the Planning
Board, whichever is applicable, and prior to the issuance of a permit
for land clearing, the applicant shall be required to flag the area
proposed to be cut with blue flags and shall provide written notice
to the Building Inspector after the property has been delineated.
Large-diameter trees to be preserved shall also be flagged, with yellow
flags. All mitigation measures as required by the Planning Board shall
be installed. The Building Inspector shall inspect the premises and
shall issue a permit to conduct the land-clearing activity upon the
finding that the limits of land clearing have been delineated in accordance
with that area shown on the site plan and that mitigation measures
have been implemented.
H.
Separate tax parcel boundaries irrelevant. For the
purpose of this section, land-clearing activities shall be construed
as disturbing in excess of the minimum area set forth herein for any
given project, regardless of the size or location of the boundaries
of any separate tax parcel involved.
