There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas on the Flood Hazard Boundary Maps for the Village of Liberty, as issued by the Federal insurance Administration or its successor. This district shall be an overlay zone, within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted which does not comply with the provisions of Chapter
34, Flood Damage Prevention of the Village of Liberty Code, as amended.
Wherever commercial, manufacturing or other
nonresidential uses or improvements and changes to such uses, with
the exception of agricultural activities and home occupations, are
proposed, the following performance standards shall apply. The Code
Enforcement Officer shall ensure these standards are met prior to
issuing certificates of occupancy for such uses and may require the
applicant(s) to provide documentation of compliance.
A. Where a commercial or manufacturing use is contiguous
to an existing residential use in any district (including those situated
on the opposite side of a highway) or any approved residential lot
in a residential district, the Planning Board may require that the
minimum front, side and rear yards be increased by up to 50%. The
Board may also require, for purposes of separating incompatible activities
or shielding the residence from negative impacts, that a buffer consisting
of a solid fence of wood and/or a twenty-foot-wide dense evergreen
planting not less than six feet high be maintained, unless the properties
are in the same ownership or the full width of the yard is already
wooded. See also the landscaping standards contained herein.
B. All activities involving the manufacturing, production,
storage, transfer or disposal of inflammable and explosive materials
shall be provided with adequate safety devices against the hazard
of fire and explosion. Fire-fighting and fire-suppression equipment
and devices shall be provided pursuant to National Fire Protection
Association guidelines. The burning of waste materials in open fires
is prohibited. Details of the potential hazards and planned safety
and accident response actions shall be provided by the applicant,
and the Planning Board may require greater front, side and rear yards
and/or fencing.
C. No activities shall be permitted which emit dangerous
radioactivity or electrical disturbance adversely affecting the operation
of any equipment other than that of the creator of such disturbance.
D. Sound pressure level; noise.
(1) The maximum sound pressure level radiated by any use
or facility (other than transportation facilities) at the property
line shall not exceed the value set forth below:
Octave Band Range
(cycles per second)
|
Sound Pressure in Decibels
|
---|
20 to 30
|
60
|
300 to 2,400
|
40
|
Above 2,400
|
30
|
(2) The sound pressure level shall be measured with a
sound level meter and associated actable band analyzer conforming
to standards prescribed by the American Standards Association. If
the noise is not smooth and continuous and is not radiated between
the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections
provided below shall be applied to the above-decibel level limits:
Type of Location or Character of Noise
|
Correction in Decibels
|
---|
Daytime operation only
|
+5
|
Noise operates less than 20% of any hour
|
+5
|
Noise operates less than 5% of any hour
|
+10
|
Noise is impulsive character (hammering, etc.)
|
-5
|
Noise is of period character (hum, screech,
etc.)
|
-5
|
Property is in C District and 500+ feet from
residential zone
|
+5
|
Property is in M District and 500+ feet from
residential zone
|
+10
|
(3) The use of outdoor public address systems is discouraged
except for emergency purposes.
E. No vibration shall be permitted on a regular or continuing
basis which is detectable without instruments at the property line.
F. Light sources shall comply with the standards of §
87-21 hereof. All lighting and use of mirrors shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or other sources, so as to be visible at the property line on a regular or continuing basis, shall be permitted.
G. No emission shall be permitted on a regular or continuing
basis from any chimney, or otherwise, of visible gray smoke of a shade
equal to or darker than No. 2 on the Ringelmann Smoke Chart, U.S.
Bureau of Mines Information Circular 8333.
H. No emission of fly ash, dust, fumes, vapors, gases
and other forms of air pollution shall be permitted on a regular or
continuing basis which can cause any damage to health, animals, vegetation,
or other forms of property or which can cause any excessive soiling.
I. All activities involving the possible contamination
of surface or groundwater shall be provided with adequate safety devices
to prevent such contamination. Details of the potential hazards (including
the groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
J. Whenever a vehicle and equipment sales, mechanical
and body repair use is proposed as a special use or as an expansion
of an existing nonconforming use, the following additional performance
standards shall apply:
(1) All mechanical and body repair work shall be performed
within buildings.
(2) All automobile or vehicle parts, new or used, shall
be stored within buildings.
(3) Vehicles which are temporarily on the property awaiting
to be repaired shall be stored in an area which meets the minimum
yard and buffer requirements applicable for the district and the use.
No more than eight such vehicles shall be kept on site at any one
time, and all shall be licensed and operable at all times. The Planning
Board may further limit such capacity on the basis of available building
and parking area.
K. All industrial uses, processing and storage shall
be within fully enclosed structures, and no tanks, cupolas, vents
or other apparatus peculiar to the processing shall be visible outside
the approved buildings. The facade of buildings and structures in
industrial uses shall be compatible with adjacent development and
shall be fully landscaped in accordance with the requirements therefor
that are contained herein.