Uses requiring a special permit are listed by district in Articles
III through
XII and on the District Use Charts. All other uses except one- and two-family dwellings shall
require site plan approval by the Planning Board prior to the issuance
of a building permit. Site plan review and approval and the review
and approval of special permits must also consider consistency of
applications with the Village of Liverpool Community Design Handbook
which is incorporated by reference under this article.
[Added 4-11-2019 by L.L.
No. 3-2019]
A. Sketch plan. A sketch plan conference may be held between the Planning
Board and the applicant prior to the preparation and submission of
the formal site plan. The intent of such a conference is to enable
the applicant to inform the Planning Board of his/her proposal prior
to the preparation of a detailed site plan; and for the Planning Board
to review the basic site design concept, advise the applicant as to
potential problems and concerns and to generally determine the information
to be required on the site plan. In order to accomplish these objectives,
the applicant shall provide the following at least 14 days before
the sketch plan conference, which shall be held at a regular scheduled
meeting of the Planning Board. In addition, the Planning Board must
then determine whether to notify Onondaga County Planning Board pursuant
to the provisions of General Municipal Law § 239-m.
(1)
A written narrative of the proposal and a rough sketch showing
locations and dimensions of principal and accessory structures, parking
area, access signs (with descriptions), existing and proposed vegetation,
and other planned features; anticipated changes in the existing topography
and natural features; and where applicable, measures and features
to comply with flood hazard and flood insurance regulations. Such
submission should specifically reference any required yard, area or
other requirements of the Zoning Regulations.
(2)
A sketch or map of the area which clearly shows the location
of the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features.
(3)
A topographic or contour map of adequate scale and detail to
show site topography.
(4)
Within 32 days of the sketch plan conference and upon the applicant's
request, the Planning Board shall render a written decision to either,
proceed with site plan review as hereafter described or waive any
of the requirements.
B. Application for site plan approval. An application for site plan
approval shall be made in writing to the chairman of the Planning
Board no less than 15 working days before any scheduled or special
Planning Board meeting. The applicant shall submit a site plan and
supporting data which have been prepared by a licensed architect,
landscape architect, engineer or land surveyor, and which shall include,
in illustrated form, the information required in the application checklist.
C. Preparation of stormwater pollution prevention plan (SWPPP). A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements Chapter
321, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards set forth in Chapter
321. The approved site plan shall be consistent with the provisions of said Chapter
321 and NYSDEC Stormwater Management Design Manual.
D. Public notice and hearing. The Planning Board may conduct a public
hearing on the site plan. If a hearing is to be held the Planning
Board will provide notice of public hearing and information regarding
the substance of the application to the owners of all properties abutting
the land held by the applicant, and at the discretion of the Planning
Board, all other owners within 200 feet, or such distances that the
Planning Board deems advisable.
E. Referral to the County Planning Board. Prior to taking action on
the site plan application, the Planning Board shall refer a copy of
the detailed application with a completed SEQRA Environmental Assessment
Form and related plans, specifications and reports to the Onondaga
County Planning Board for its review in accordance with § 239-m
of the General Municipal Law, if applicable. No action shall be taken
by the Planning Board on the detailed site plan application until
an advisory recommendation has been received from the County Planning
Board or 30 calendar days have lapsed since the county received the
site plan application materials.
F. Compliance with the New York State Environmental Quality Review Act.
Prior to rendering its decision, the Planning Board shall follow all
applicable procedures for proposed projects subject to the provisions
of SEQRA in accordance with Article 8 of the Environmental Conservation
Law and Part 617 NYCRR.
G. Reimbursable costs. Costs incurred by the Planning Board for consultation
fees, staff review costs, or other expenses in connection with the
review of an application shall be charged to the applicant. The Planning
Board may require the posting of financial security in a form acceptable
to the Planning Board attorney in order to ensure that reimbursements
and/or improvements are carried out as specified in the plans and
approvals.
H. Performance guarantee. No certificate of occupancy shall be issued
until all improvements shown on the approved site plan are installed
or a sufficient performance guarantee has been posted for improvements
not yet completed. The sufficiency of such performance guarantee shall
be determined by the Planning Board attorney in consultation with
appropriate parties.
I. Planning Board action on site plan. Within 62 days of the receipt
of a complete application for site plan approval, the Planning Board
shall render a decision, file said decision with the Village Clerk,
and mail such decision to the applicant with a copy to the Codes Enforcement
Officer. At the Board's option, such decision may be reached at a
public hearing called for the purpose. The time within which a decision
must be rendered may be extended by mutual consent of the applicant
and Planning Board.
(1)
Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due to the Village, the Planning
Board shall endorse its approval on a copy of the final site plan
and shall forward a copy to the applicant, Codes Enforcement Officer,
and file same with the Village Clerk.
(2)
Upon disapproval of a site plan, the Planning Board shall so
inform the Codes Enforcement Officer and he shall deny a permit to
the applicant. The Planning Board shall also notify the applicant
in writing of its decision and its reasons for disapproval. Such disapproval
shall be filed with the Village Clerk.
J. Waiver. The Village of Liverpool Planning Board is empowered, when
reasonable, to waive any requirements for approval, approval with
modification or disapproval of site plans submitted for approval.
Any such waiver may be exercised in the event any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular site. In
the event a waiver of the imposed conditions is requested, a second
public hearing shall be scheduled and heard.
K. Appeal of Board decision. Any person aggrieved by a decision of the
Planning Board may apply to the Supreme Court for a review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceedings
shall be instituted within 30 days after the filing of a decision
by the Planning Board in the office of the Village Clerk.
[Added 4-11-2019 by L.L.
No. 3-2019]
A. Submissions required. In addition to the submissions and regulations set forth in §
380-87.1, General procedures for site plan approval, inclusive, which shall apply equally to special permit applications, the Planning Board may request such other information and/or submissions as they shall reasonably deem necessary to make the findings required for approval of a special permit as set forth in §
380-87, General criteria and findings.
B. Conditions. The Planning Board, where appropriate, shall make any
approval of a special permit subject to such reasonable conditions
as it finds necessary to maintain the character of the neighborhood
of the subject area and to mitigate any potential impacts to the area
or may deny such application when such impacts cannot be reasonably
mitigated.
C. Public hearing. The Planning Board may elect to hold a public hearing
for any special permit application in accordance with the New York
Village Law.
In addition to the general criteria and findings prescribed
for all special permits, the following specific criteria shall apply
to the listed uses:
A. Home occupations:
(1) Employment or participation of occupants shall not exceed two persons,
and nonoccupants, one person, except in the case of a health-care
practitioner requiring paraprofessional assistants, in which case
nonoccupant employees may not exceed two.
(2) No exterior display or indication of the activity shall be visible
to the general public, including but not limited to:
(a)
Outdoor sales or display of items for sale.
(b)
Signs, except professional identification signs permitted in
§ 380-102B.
(c)
On-site parking of commercial vehicles advertising the home
occupation unless housed in an enclosed residential garage.
(d)
Any variation in the residential character of the property,
such as construction of a separate entrance, other exterior structural
alteration or addition of paved area.
(e)
Outdoor storage of any materials or goods associated with the
home occupation.
(3) Such activity is confined to the principal structure and no accessory
structure or yard is used in conjunction therewith, except for required
parking spaces.
(4) The gross floor area within a principal building used or occupied
in conjunction with the home occupation, inclusive of basements, attics,
cellars and similar areas, shall not involve more than 25% of any
one story or exceed a cumulative total of 500 square feet.
(5) The following uses are prohibited: barbershops, beauty parlors, restaurants,
taverns, funeral homes, printing/copy services product/component manufacture
or fabrication, motor vehicle repair or dismantling and small-engine
repair.
(6) The on-premises sale of merchandise is prohibited except where clearly
incidental and secondary to the home occupation, limited in scope,
and there is no display of items for sale in any configuration resembling
a retail store. This shall not preclude on-premises sales or mail-order
handling of materials stored and shipped from off-site, nonresidential
premises.
(7) The home occupation shall not create any hazards to neighboring persons
or property and shall not cause any electronic interference, excessive
noise, vibration, smoke, dust, odors, heat or glare on surrounding
properties.
(8) Students receiving instruction in the visual or performing arts,
including but not limited to music, dance, fine arts or crafts, within
any common period of time shall not exceed two.
(9) Only one home occupation shall be allowed within a dwelling and only
within units that have direct and separate access to the exterior
of the structure.
(10)
The storage or parking of construction equipment or vehicles,
machinery and building materials is prohibited.
B. Drive-in services:
(1) Provision for the on-premises stacking of five vehicles or for five
vehicles waiting for service shall be maintained for each drive-in
service window or unit. For mixed-use buildings, provision for the
on-premises stacking of vehicles shall be determined on a case-by-case
basis by the Planning Board.
(2) The property must have a minimum frontage of at least 100 feet for
each street it fronts upon. For mixed-use buildings, the property
must have a minimum frontage that shall be determined on a case-by-case
basis by the Planning Board.
(3) A landscaped area eight feet in width, measured inward from the lot line, shall be maintained, exclusive of driveways, on all sides of the property except where required to be wider by §
380-106; treatment shall be of grass, ornamental stone or evergreens maintained below 2 1/2 feet in height, except where required to be higher by §
380-106, and surrounded by curbing (granite, stone or concrete) four to six inches in height. Landscape requirements for a mixed-use building with less than eight feet in width from the lot line shall be determined on a case-by-case basis by the Planning Board.
C. Motor vehicle service and repair. The following requirements are
in addition to all applicable requirements of the New York State Uniform
Fire Prevention and Building Code:
(1) The lot area shall be not less than 20,000 square feet and have a
minimum frontage along a public right-of-way providing primary access
of at least 150 feet.
(2) No proposed site shall be within 200 feet of the property line of
a public assembly use.
(3) Entrance or exit driveways shall be located at least 20 feet from
any side or rear lot lines and at least 35 feet from any intersecting
street right-of-way line. Such driveways shall be laid out so as to
avoid the necessity of any vehicle backing across any public street
right-of-way.
(4) No building or accessory structure, except a fence, shall be closer
than 35 feet to any boundary line of a residential district or property
used for residential purposes.
(5) All repair or servicing, other than the dispensing of fuel, oil,
water and air, of vehicles must be performed indoors.
(6) A landscaped area as specified in §
380-88B above shall be maintained.
(7) No unlicensed or dismantled motor vehicles or auto parts may be stored
outdoors.
(8) No vehicle shall be parked or stored outdoors for the purpose of
sale or offering for sale of such vehicle.
(9) In the event that the continuous business operation of a gasoline
service station shall be discontinued for a continuous period exceeding
one month, the owner and/or lessee thereof shall provide adequate
protection against unlawful entry into the buildings and onto the
property to prevent the storage of abandoned vehicles thereon and
shall remove all flammable liquids from all tanks located at said
facility and fill all said tanks located at said facility with water
for a six-month period only, and thereafter with a solid material.
(10)
In the event that any gasoline service station becomes an abandoned
gasoline service station, the owner and/or lessee of said facility
shall immediately remove any and all tanks, gasoline pumps, identification
signs and lighting poles and shall paint the exterior of all remaining
structures, if other than brick, a neutral color. A gasoline service
station shall be considered abandoned when there has been no continuous
business operation for a period of three months.
(11)
Any special use permit issued hereunder shall be personal to
the licensee, and no permit shall be transferable or run with the
land.
D. Mixed use.
[Amended 3-15-2010 by L.L. No. 2-2010]
(1) Site plan and special permit requirements for mixed-use buildings
and structures are subject to the terms and conditions as established
by the Planning Board on a case-by-case basis consistent with the
intent of the Village of Liverpool Comprehensive Plan 2025 and the
Community Design Handbook.
(2) For each residential unit, 500 square feet of lot area should be
maintained as open space for the residential occupants, exclusive
of required yard and parking spaces.
(3) The residential unit(s) shall be in compliance with all applicable
safety and health codes.
E. Public safety facilities.
(1) Public safety facilities, including but not limited to those facilities
intended to house fire and/or police operations and/or emergency ambulance
service are allowed in any use district subject to the issuance of
a special permit and compliance with this subsection.
(2) The following requirements are in addition to any applicable requirements
of the New York State Uniform Fire Prevention and Building Code:
(a)
Provisions for the on-site parking of at least 20 vehicles shall
be provided.
(b)
The lot area shall be not less than 20,000 square feet and have
a minimum frontage along a public right-of-way providing primary access
of at least 150 feet.
(c)
Entrance and exit driveways shall be located at least 35 feet
from any intersecting street right-of-way line and shall be buffered
along any side or rear lot lines.
(d)
Landscaped area as specified in §
380-88B above shall be maintained at all times.
(3) In applying for a special permit hereunder, the applicant shall be
required to establish by competent direct evidence all potential sites
within the Village which would serve the public need with regard to
the service to be provided with reasonable adequacy and to identify
those site(s) which the applicant considered and discounted as being
inadequate for providing the relevant public service. The applicant
shall set forth, in its application, its reason(s) and basis for rejecting
each site considered.
(4) In making, and as part of its decision, the Planning Board shall
set forth and evaluate the alternative sites considered, together
with the degree of detriment to the neighborhood which might be caused
by those sites versus the degree of detriment to the neighborhood
by the site proposed to be approved. In applying the foregoing standard,
the Planning Board shall also take into account the peculiarities
of the particular public safety entity making the application. Furthermore,
the Planning Board shall consider and evaluate the overall public
need relative to the specific service to be provided versus any detrimental
impacts identified by providing such service from any specific site
within the Village.
F. Bed-and-breakfast.
(1) Preparation of food. The only meal to be provided to guests shall
be breakfast, and it shall only be served to guests taking lodging
in the home.
(2) Interior design standards. The architectural integrity and arrangement
of the existing interior spaces must be maintained and shall not deviate
from the purpose and intent of the zoning district's purpose statement,
the intent of the Village of Liverpool Comprehensive Plan 2025, or
the Community Design Handbook; the number of guest rooms shall not be increased.
(3) Exterior design standards. The exterior appearance of the structure
shall not be altered from its single-family character and shall not
deviate from the purpose and intent of the zoning district's purpose
statement, the intent of the Village of Liverpool Comprehensive Plan
2025, or the Community Design Handbook.
(4) Inspections. Each bed-and-breakfast homestay operation shall be subject
to an annual inspection by the Village Code Enforcement Officer.
(5) The one-family dwelling in which the bed-and-breakfast is located
shall be the principal residence of the owner of the one-family dwelling.
(6) The lot shall conform to the minimum lot size prescribed in the corresponding
bulk regulations.
(7) All applicable provisions and regulations of the New York State Uniform
Fire Prevention and Building Code, the Onondaga County Health Department and the Village
of Liverpool shall be met.
(8) No special use permit shall be issued until a certificate of occupancy
shall have been issued, based upon an inspection made within 30 days,
attesting to compliance with the provisions of this chapter and the
New York State Uniform Fire Prevention and Building Code applicable
to the intended use and occupancy. The certificate of occupancy shall
state the maximum number of overnight guests.
(9) The special use permit shall require that a notice be posted within
the bed-and-breakfast home stating the maximum number of overnight
guests.
(10)
No guest may be registered for a period longer than 30 consecutive
nights. The owner shall maintain a guest register and shall preserve
registration records for a minimum of three years. The register and
all records shall be made available for inspection by the Village.
(11)
In addition to the off-street parking required for the dwelling
in which the bed-and-breakfast home is located, one parking space
shall be provided for each guest room and one for each employee. All
parking areas shall be screened from direct view of any adjacent residential
use by a visual barrier approved by the Planning Board.
(12)
One sign shall be permitted, identifying the property as a bed-and-breakfast
home. The sign shall comply with the sign regulations for the district
in which the bed-and-breakfast is located.
(13)
The bed-and-breakfast home shall be served by public sewer and
public water.
(14)
Any special use permit issued hereunder shall be personal to
the licensee, and no permit shall be transferable or run with the
land.
G. Care homes.
(1) In considering the placement and approval of a care home facility,
consideration shall be given to the following criteria:
(a)
Age and mobility of prospective occupants.
(b)
Nature of any custodial care and/or supervision of prospective
occupants, where required.
(c)
Regulations of any agency, private or public, having jurisdiction
over a specific care home, to the extent such regulations are actually
imposed or are to be imposed.
(d)
Accessibility to on-site or off-site active and/or passive recreational
facilities (indoor and outdoor), retail goods and services, libraries,
places of worship, medical services and such other facilities which
may be considered necessary and/or appropriate to the needs of the
prospective occupants.
(e)
Traffic-generating characteristics of the care home use with
particular emphasis on visitation privileges, loading requirements
and availability and nature of public or private transportation facilities.
(f)
Such other elements which are relevant to the particular circumstances
of each individual case.
(2) Any special use permit issued hereunder shall be personal to the
licensee, and no permit shall be transferable or run with the land.
H. Utility structures.
(1) The applicant shall submit with the application:
(a)
Detailed site and drainage plans, drawn to scale, as may be
necessary to show boundaries of the tract.
(b)
All applicable dimensions set forth in this Zoning Chapter.
(c)
All streets and easements.
(d)
The locations of all proposed and existing structures and buildings
within the tract and within 100 feet of the tract.
(e)
The proposed use of all buildings and structures.
(f)
Landscaped areas existing and proposed.
(h)
Wastewater disposal system.
(i)
Parking and vehicular circulation and the relationship of the
proposed use to highways, streets and adjacent properties.
(2) No such special permit shall be permitted unless the Planning Board
shall determine that:
(a)
The proposed installation in a specific location is necessary
and convenient for the efficiency of the public utility system or
the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
(b)
The design of any building in connection with such facilities
conforms to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located.
(c)
Adequate and attractive fences and other safety devices will
be provided.
(d)
Sufficient landscaping, including shrubs, trees and lawn, is
provided and will be periodically maintained.
(e)
Adequate off-street parking will be provided.
(f)
All of the area, yard and building coverage requirements of
the respective zone will be met.
J. Commercial and municipal parking lots and parking structures.
(1) The applicant shall submit with the application:
(a)
Detailed site and drainage plans, to scale, as may be necessary
to show boundaries of the tract.
(b)
All applicable dimensions set forth in this Zoning Chapter.
(c)
All streets and easements.
(d)
Parking and vehicular circulation and the relationship of the
proposed use to highways, streets and adjacent properties.
(e)
Landscaped areas, existing and proposed.
(f)
Drainage. The location of existing or proposed structures within
the tract and within 100 feet of the tract.
(2) No such special permit shall be permitted, unless the Planning Board
shall determine that:
(a)
The proposed use in a specific location is necessary and convenient
for the efficient parking and storage of vehicles, trucks, boats and
nonmotorized trailers and will in no way detract from the character
of the neighborhood or area in which the use is to be located.
(b)
Adequate and attractive fences and other screening devices will
be provided.
(c)
Sufficient landscaping, including trees and shrubs, will be
provided and periodically maintained.
(d)
The parking and storage area or areas will be provided with
asphalt, concrete, brick or similar dustless, durable, all-weather
pavement and with suitable night-lighting facilities that will be
shielded from view from adjoining streets and residential areas.
(e)
Parking and storage of all vehicles, trucks, boats and nonmotorized
trailers will be limited to those licensed and in good repair.
(f)
No more than one toll collector booth may be permitted for each
commercial parking or storage area, exit or entrance.
(g)
No driveway shall open onto a public street or road within approximately
150 feet of an intersection of such street or road with another public
street or road. In determining the suitability of proposed or existing
driveways upon the site, the Planning Board shall consider such factors
as grade and site clearance, the number and pattern of driveways,
the number, location and design of ingress and egress points, the
volume of traffic which may be anticipated on the site and adjoining
roads and the condition and width of pavement of adjoining roads.
The Planning Board may impose conditions incidental to the issuance
of a special permit which, in its opinion, are reasonable and necessary;
included by way of illustration and not limitation are: restrictions
upon the hours of operation of any such special permit use or improvements
incidental thereto, including elements such as signs or site and building
design features, provided that these incidental elements are in compliance
with the applicable provisions of this chapter and the Community Design
Handbook.