A.
Off-street parking, loading and unloading facilities
shall be provided as necessary in connection with every use. One-family
and two-family residential uses shall be provided with two off-street
parking spaces per dwelling unit. Parking needs with respect to all
other uses shall be determined in conjunction with special use and
site plan review. The amount of parking required shall be based on
the following factors:
(1)
Industry studies of parking needs for the type of
use proposed or actual case-study comparisons for projects of similar
character. The Planning Board may require the developer or applicant
to gather and submit such data in support of its proposed parking
provisions. The National Parking Association and the Urban Land institute
are examples of such industry sources.
(2)
The characteristics of the proposed customers, employees,
residents, occupants or visitors to a given facility and the availability
of municipal parking to satisfy the needs of the business. Housing
for the elderly would, for example, require fewer spaces per dwelling
unit than time-shared recreational units, though the number of dwelling
units might be the same.
(3)
The expected occupancy rates, traffic levels and numbers
of employees in connection with any enterprise and the degree to which
these directly relate to parking requirements.
(4)
Recommendations, if any, from other public agencies
or information sources which suggest, based on experience, the appropriate
amount of parking in connection with a given use.
(5)
The likelihood that parking will be shared with adjoining
facilities, the impact of daily peak visitation or use periods on
demand and the hours of operation as compared to other neighborhood
activities.
(6)
Where industry standards are inadequate for the particular
use or site involved or such standards are unavailable, the following
standards shall be applied by the Planning Board or the Code Enforcement
Officer, as the case may be:
(a)
Home occupations: one space per 100 square feet
of floor area in use.
(b)
Hotels/motels: one space per rental room.
(c)
Industrial uses: one space per 400 square feet
of floor area.
(d)
Commercial uses: one space per 250 square feet
of floor area.
(e)
Places of public assembly: one space per 5 seats.
(f)
Offices: one space per 300 square feet of floor
area.
(g)
Restaurants: one space per 50 square feet of
floor area.
(h)
Senior housing: one space per dwelling unit.
(i)
Vehicle service establishments: four spaces,
plus one per employee.
B.
Each parking space shall consist of not less than
an average of 270 square feet of usable area for each motor vehicle,
including interior driveways, driveways connecting the garage, or
parking space, with a street or alley. Garages, carports, and driveways
not in the public right-of-way may be considered parking spaces. The
minimum parking space size shall by nine feet by 19 feet.
C.
Any lighting used to illuminate any off-street parking
shall be so arranged as to reflect the light away from adjoining premises
and public rights-of-way. Lighting shall be shielded to prevent upward
glare as well.
D.
All parking areas which are designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control (see § 87-20). The following are guideline standards the Planning Board may apply:
(1)
No more than 12 parking spaces should be allowed in
a continuous row uninterrupted by landscaping. This requirement may
be waived at the discretion of the Planning Board to achieve a superior
design.
(2)
No parking areas should be designed such that a vehicle
might directly back out onto a public highway or through road within
the development. Traffic flows through a parking area should be minimized
and limited to connections from one lot to another and to the public
highway or through road.
(3)
Parking areas should generally be located in the rear
or side yard of any use, with the principal building situated near
the front lot line as permitted by the Schedule of District Regulations.[1] This is for the purpose of maintaining the continuity
of the building line along any highway and avoiding the effective
merger of parking areas along a highway into one mass of pavement
where entrances and exits become difficult to identify.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
E.
Any building erected, converted or enlarged for commercial,
office, manufacturing, wholesale, institutional or similar use shall,
in addition to the off-street parking required above, provide adequate
off-street areas for the loading and unloading of vehicles. Public
rights-of-way shall, under no circumstance, be used for the loading
or unloading of materials. The minimum-size loading space shall be
60 feet in depth and 12 feet in width, with an overhead clearance
of 14 feet.
F.
Access to and from all nonresidential off-street parking,
loading and vehicle service areas along public rights-of-way shall
consist of well-defined separate or common entrances and exits and
shall comply with the following provisions:
(1)
Access drives shall not open upon any public right-of-way
within 50 feet of the nearest right-of-way line of any intersecting
public street or highway or where the sight distance in either direction
would be less than 100 feet. Access drives onto state highways shall
be subject to New York Department of Transportation standards.
(2)
There shall be no more than one entrance and one exit
to any business or commercial use parking area on any one highway
unless safety considerations should demand it. Each entrance and exit
shall be clearly defined with curbing, fencing or vegetative screening
so as to prevent access to the area from other than the defined entrance
and exits. In no case shall one entrance and exit be located within
50 feet of any other on the same property or adjoining property along
the same public right-of-way. Previously developed nonconforming lots,
however, may be exempted from this requirement.
(3)
All access drives shall be subject to the requirement
of obtaining a road occupancy or street encroachment permit from the
Village of Liberty or the New York State Department of Transportation,
as the case may be, and approval of any permits hereunder may be conditioned
upon the application for and/or receipt of such permits from these
authorities.
G.
All nonresidential parking and loading areas and parallel
circulation and service lanes shall be separated from the paving edge
of a public thoroughfare or adjoining property lines by a planting
strip at least 20 feet in depth landscaped according to standards
provided herein for such landscaping.
H.
Traffic impact study.
(1)
The Planning Board, at its discretion, may require
a traffic impact study with any special use application involving
an activity likely to generate more than 500 trip-ends per day based
on the following daily rates:
(a)
Residential uses: 9.6 trip-ends per dwelling
unit.
(b)
Industrial uses: 3.3 trip-ends per employee.
(c)
Restaurants: 7.9 trip-ends per seat.
(d)
Fast-food restaurant: 23.9 trip-ends per seat.
(e)
Convenience market: 605.6 trip-ends per 1,000
square feet of gross floor area.
(f)
Supermarket: 177.6 trip-ends per 1,000 square
feet of gross floor area.
(g)
Car wash: 108.0 trip-ends per car stall.
(h)
Offices: 6.0 trip-ends per employee.
(i)
Other commercial uses: 50.0 trip-ends per 1,000
square feet of gross floor area.
(j)
Institutional uses: 4.0 trip-ends per employee.
(k)
Other uses: See "Trip Generation," Institute
of Transportation Engineers.
(2)
The study shall examine existing and projected traffic
flows before and after development and generally follow the guidelines
set forth for such studies by the Institute of Transportation Engineers.
Its purpose shall be to ensure that proposed developments do not adversely
affect the transportation network and to identify any traffic problems
associated with access to the site from the network. It shall identify
solutions to potential problems and any improvements needed. The scope
of the study shall be approved in advance by the Planning Board, with
the final product incorporated in the SEQR submission.
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.
A.
Home occupations are hereby defined as any occupation
or business activity that occurs within structures or on property
where the primary land use is residential, and where the occupation
or business is clearly incidental to such residential use. Such uses
may include professional occupations, artisan activities, personal
service shops and similar enterprises.
B.
Home occupations not exceeding the threshold for minimum
impact as provided below, are permitted as special uses within specified
districts, provided they do not detract from the residential character,
appearance, or makeup of the neighborhood in which the business is
located. The following review criteria shall be used to determine
if this standard will be met:
(1)
Extent of the business: whether or not the residential
use will be the primary use of the property. Factors that shall be
used to determine the primary use of the property shall include, but
are not limited to, the area of the home or property used for the
business (limited to a maximum of 30%), the number of nonresident
employees (limited to two) and the amount of time the business will
be open to the public on a daily basis (limited to 10 hours).
(2)
Appearance from an adjacent street: whether or not
the use of the property as a business is distinguishable from an adjacent
street. Except for a nonilluminated, permanent identification sign
no larger than four square feet in size attached to the principal
structure, there shall be nothing that occurs on the property that
can be observed from adjacent streets that make it readily apparent
that a business is being operated on the premises. In cases where
the principle structure is obscured from the street or the structure
is set back more than 50 feet from the property line, a nonilluminated
ground sign not to exceed four square feet may be used. Factors for
evaluating this standard shall be that the residential dwelling not
be altered to change its residential appearance. No activity related
to the conduct of the home-based business shall be permitted to occur
in such a manner as to be obtrusive to the neighborhood, attract undue
attention to the business or adversely impact the residential character
of the neighborhood.
(3)
Impact on the neighborhood: whether or not the business
activity will cause a nuisance to surrounding property owners; adversely
impact the peace, health, or safety of neighborhood residents; and/or
create a deviation from the residential character of the neighborhood.
Factors for evaluating this standard shall be:
(a)
Traffic: whether or not the business will generate
traffic that is excessive and/or detrimental to the neighborhood.
A business will be allowed to generate a maximum of 24 vehicle trips
per average weekday, Saturday and Sunday. However, based on the characteristics
of a specific neighborhood, these amounts may be lowered or raised.
The factors to be used for such a determination shall include, but
are not limited to, pertinent characteristics of the neighborhood
such as width of properties, width of the streets, hills, curves,
the number of children present and existing traffic levels on the
adjacent street.
(b)
Parking: whether or not parking problems could
result from the business use. Factors that shall be used to evaluate
this criteria include, but are not limited to, the following:
(c)
Nuisance: whether or not the business activity
would cause a nuisance to surrounding property owners. Existing property
maintenance codes, fire codes, building codes, environmental and safety
codes and other related local laws shall be the primary basis for
evaluating the potential for creating such a nuisance.
C.
Minimal-impact home occupations shall be processed
as accessory uses hereunder and permitted everywhere in the Village,
provided that they meet the above standards. "Minimal impact" shall
mean:
(1)
No employees working on the premises other than family
members residing thereon;
(2)
No outside storage of equipment, vehicles or materials
used in the business other than an automobile for personal transportation;
and
(3)
No regular traffic to the site for other than mail
service and occasional (e.g., semiweekly) deliveries and client/customer
visits.
D.
No home occupation, having once been permitted or
established, shall be added to, expanded, enlarged or otherwise increased
or changed substantially in character without complying with this
chapter, and such permission or establishment shall not be a basis
for a later application to establish a principal commercial use. Moreover,
the conversion of a residence with a home occupation to a commercial
use by the abandonment of the residence or sale, rent or transfer
of the business to a party which does not reside on site is strictly
prohibited unless the business is then moved off site.
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.
A.
Purpose. The following standards are intended to enhance
the appearance and natural beauty of the Village and to protect property
values through preservation and planting of vegetation, screening
and landscaping material. Specifically, these standards are intended
to enhance the appearance of major travel corridors and business areas;
to reduce excessive heat, glare and accumulation of dust; to provide
privacy from noise and visual intrusion; and to prevent the erosion
of the soil, excessive stormwater runoff and the consequent depletion
of the groundwater table and the pollution of water bodies.
B.
General requirements. The following provisions shall
apply to any nonresidential use in any zoning districts:
(1)
All lots shall be graded and seeded and all other
applicable requirements of these landscaping regulations imposed by
the Planning Board shall be fully met prior to the Code Enforcement
Officer granting a certificate of occupancy for a new building or
use subject to these regulations. An irrevocable letter of credit
or other performance guarantee acceptable to the Planning Board, Village
Board and Village Attorney shall be posted in an amount sufficient
to cover the cost of such grading and seeding when the applicant cannot
perform this work due to seasonal impracticalities.
(2)
Landscaping, trees and plants required by these regulations
shall be planted in a growing condition according to accepted horticultural
practices, and they shall be maintained in a healthy growing condition.
Any landscaping, trees and plants which are in a condition that does
not fulfill the intent of these regulations shall be replaced by the
property owner during the next planting season. An irrevocable letter
of credit or other performance guarantee acceptable to the Planning
Board, Village Board and Village Attorney shall be posted in an amount
sufficient to cover the cost of such landscaping when the applicant
cannot perform this work due to seasonal impracticalities.
(3)
A screening fence or wall required by these regulations
shall be maintained by the property owner in good condition throughout
the period of the use of the lot subject to the following conditions:
Any land that is or has been designated or required to be screening
area, buffer area or paved area pursuant to an approval by the Village
Board, Planning Board or Zoning Board of Appeals of any grant of an
application for a change of zone, variance, special permit, subdivision
or site plan approval or which is required by ordinance or local law
must be maintained by the owner of the property or any of the owners,
successors in the interest or assignees.
(4)
Where required by the Planning Board, all landscaping,
trees and planting material adjacent to parking areas, loading areas
or driveways shall be protected by barriers, curbs or other means
from damage by vehicles and from stormwater runoff.
(5)
The preservation of mature shade trees, ridgelines,
vegetation and unique site features, such as stone walls, shall be
required to the maximum practical extent. These, however, may be used
to meet requirements of this section, provided that the Code Enforcement
Officer or Planning Board, as the case may be, determines the purpose
of this section is achieved.
(6)
Where lot size and shape or existing structures make
it infeasible to comply with the requirements for a front landscaped
area or landscaped parking area, the Planning Board may approve planters,
plant boxes or pots containing trees, shrubs and/or flowers to comply
with the intent of these regulations.
(7)
Buffer area.
(a)
A buffer area shall be required along all boundaries
of a nonresidentially zoned or utilized lot abutting any lot in a
residential district. The regulations shall also apply when the nonresidentially
zoned lot and the lot in the residential district are separated by
a road. Such buffer area shall be located within the boundaries of
the subject property or owned or controlled by the same property.
The minimum width of buffer areas shall be as follows:
(b)
The 20 feet nearest the residential district
shall be planted with shrubs, trees and other plantings acceptable
to the Planning Board and having a uniform height of not less than
five feet above the ground at the time of planting and set a distance
suitable for the proper maturation of such planting and shall be properly
maintained to afford an effective screen between the two districts.
A landscaped earthen berm, wall or fence of location, height, design
and materials approved by the Planning Board may be required for any
portion of the required planting and/or buffer area. Where the existing
topography and/or landscaping provides adequate screening, the Planning
Board may accept the existing planting and/or buffer area as the required
planting. The Planning Board may also require an increase or permit
a decrease in these requirements if the Board believes that said variation
will better accomplish the objectives of this section.
C.
Front landscaped area. A front landscaped area shall
be required for all uses in all zoning districts. The required landscaped
area shall be covered with grass and other appropriate trees and shrubs
unless maintained in the existing natural cover.
(1)
As a minimum, for all nonresidential uses one shade
tree having a minimum caliper of three inches measured four feet from
the base shall be planted within the front landscaped area for each
40 feet or fractions thereof of lot frontage.
(2)
In the DCC Downtown Commercial District, a landscaped
strip shall be provided a minimum depth of 10 feet contiguous to the
front lot line of the property.
(3)
In districts other than the C Commercial District,
a landscaped strip shall be provided a minimum depth of 20 feet contiguous
to the front lot line of the property.
D.
Landscaped parking area. In addition to front yard
landscape areas and buffer area requirements, parking areas shall
comply with the following minimum standards:
(1)
All uses required to provide 20 or more off-street
parking spaces shall have at least 10 square feet of interior landscaping
within the paved portion of the parking area for each parking space
and at least one tree with a minimum two-and-one-half-inch caliper
for every 10 parking spaces or fraction thereof.
(2)
Each separate landscaped area shall contain a minimum
of 100 square feet, shall be planted with grass or shrubs and shall
include at least one tree of not less than two-and-one-half-inch caliper.
(3)
A landscape area shall be provided along the perimeter
of any parking area except that portion of the parking area which
provides access.
E.
Planning. A landscape plan shall be prepared as part
of any site plan/special use or site plan application but may waive
inapplicable requirements pertaining to particular uses. Such a plan
may also be required whenever any nonresidential use is proposed in
any district so as to buffer parking areas and buildings from the
highway, each other and other uses. Where it is determined that a
proposed use would not have a significant impact on the natural environment,
adjoining landowners or the view from a public highway, these requirements
may be appropriately modified by the Planning Board. The landscape
plan, if required, shall specify locations of all mature shade trees
or other species of six-inch caliper or greater and indicate existing
vegetation to be removed or preserved. It shall demonstrate how building
materials, colors, and textures will be blended with the natural and
man-made landscape. It shall also include visual depictions of the
proposed landscape from the perspective of persons who will view the
site from the highway or adjoining properties. Specific locations,
varieties, sizes, winter hardiness, and schedules for all proposed
plantings shall, too, be provided as part of the plan. The Planning
Board, in reviewing a landscape plan, may employ the assistance of
design professionals. The Planning Board shall also specifically consider
the following before approving, approving with modifications or disapproving
the special use:
(1)
The plan should promote attractive development, preserve
existing vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
(2)
The plan should use landscaping to delineate or define
vehicular ways and pedestrianways and open space.
(3)
The plant material selected should be of complementary
character to buildings, structures and native plant species and be
of sufficient size and quality to accomplish its intended purposes.
(4)
The plan should effectively buffer the activity from
adjoining land uses as may be necessary and soften the impact of other
site development as contrasted with the natural environment.
(5)
The plan should be realistic in terms of maintenance
and use materials which, as a minimum, are winter hardy to Zone 4.
A.
Lighting for all commercial, residential, institutional
and industrial uses shall be shielded to prevent glare and spillover
of light onto adjoining properties.
B.
All lighting 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.
C.
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.
D.
Lighting contours shall be required on site plans
for purposes of determining compliance with this section. Average
footcandles at the property line shall be less than 1.0, except at
site entrances.
E.
Full globe lights shall not be permitted.
F.
Light pole heights shall not exceed building heights,
and none shall exceed 25 feet in height.
G.
All lighting over 2,000 lumens in strength shall meet
the full cutoff standard of the Illuminating Engineering Society of
North America (IESNA).
H.
All site activity areas, including parking lots and
walkways, shall meet minimum IESNA standards and exceed those standards
by no more than 25%.
I.
All gasoline canopy lighting shall be fully recessed,
and the maximum light level under the vehicular canopy shall not exceed
20 horizontal maintained footcandles.
