A.
Height. The height limitations of this chapter shall not apply to
church spires, belfries, cupolas and penthouses not used for human
occupancy; nor to chimneys, ventilators, skylights, stairwells and
necessary mechanical appurtenances usually carried above roof level.
Such features shall, however, be erected only to such height as is
necessary to accomplish the purpose they are to serve. The horizontal
area covered by such elements shall not exceed 20% of the ground floor
area of the building.
B.
Ornamental features. The provisions of this chapter shall not apply
to prevent the erection above the building height limit of a parapet
wall or cornice for ornament, and without windows, extending no more
than five feet above such height limit.
C.
Yards.
(1)
Required yards shall be open and unobstructed except as noted
below:
(a)
Any enclosed porch or unenclosed porch having a solid foundation
and capable of being closed shall be calculated as part of the building
in determination of the required yards or lot coverage.
(b)
Decks more than one foot above grade shall be calculated as
part of the building in determination of the required yards or lot
coverage.
(c)
Eaves with an overhang of not more than two feet; rainwater
leaders, windowsills and other such fixtures; open steps; and bay
windows not more than 12 feet wide, at one floor level only and for
a distance not to exceed two feet, may extend into any required yard.
(d)
Fences and uncovered patios at ground level may be erected or constructed anyplace on a lot without regard to yard requirements, provided that fences comply with applicable requirements of § 380-107.
(e)
Campers, mobile homes, recreational vehicles, snowmobiles, boats
and similar recreation-oriented vehicles may not be parked or stored
out of doors in the front yard in a residential use district, except
in the established driveway, and must be at least two feet from any
side lot line and five feet from any rear lot line.
[1]
In no case shall campers, mobile homes, recreational vehicles,
snowmobiles, boats, similar recreation-oriented vehicles or trailers
of any description be parked on any portion of a street right-of-way
between the sidewalk, if any, and the paved portion of the street.
[2]
At no time shall such parked or stored camping and recreational
equipment be occupied or used for living, sleeping or housekeeping
purposes.
[3]
At no time shall such camping and recreational equipment be
parked or stored on Village property or any Village right-of-way.
A.
Lots in two districts. Where a district boundary line divides a lot
existing at the time of adoption of this chapter, the use authorized
on and the district requirements of the less-restricted portion of
such lot shall extend not more than 30 feet into the more-restricted
portion, provided that the lot has frontage on a street in the less-restricted
district. Development of the less-restricted portion shall require
issuance of a special permit.
B.
Adjacent residential and nonresidential lots.
(1)
General regulations.
(a)
A landscaped buffer area shall be required in all instances in nonresidential districts where properties abut residential districts per the requirements of Subsection B(2) below.
(b)
The construction and maintenance of the required buffer area
shall be the responsibility of the owner of the property for which
the building permit is requested.
(c)
No parking, loading, driveway or structural encroachment shall
be permitted within a required buffer area.
(2)
Specific requirements.
(a)
Side and rear yard transition. Where a lot in a mixed-use, business or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district, but no less than 10 feet for mixed-use and business uses and no less than 50 feet for industrial uses which shall be appropriately screened as required in § 380-107C.
(b)
Front yard transition. Where the frontage on one side of a street
in the same block is zoned partly as residential and partly as business
or industrial, the front yard depth in the business or industrial
district shall be equal to the required front yard depth of the residential
district.
(c)
Side street transition. Where a residential district is bounded
by a portion of a business or industrial district, then any side street
extending through such residential district into such business district
shall not be used for any business purpose, except as herein set forth.
The business structure erected in said business district shall face
and open upon the street set aside for business purposes, except that
show windows in such business structure may be built and exposed upon
said side street within the area set aside as a part of such business
district and an entrance may be made at the corner of such business
and residential streets, and all other stairway entrances thereto
must face on the business street, except that entrances may be made
from such residential street to the upper stories of such business
structure.
A.
Permit. No screening device or fence, except natural vegetation,
shall be installed prior to the issuance of a permit by the Code Enforcement
Officer.
B.
Height and location.
(1)
Front yard. Screening devices permitted within required front
yards may not exceed four feet in height and shall be of an open design
(such as ornamental iron, rail and picket) with a uniform ratio of
space to fence material of at least 1:1. Opaque fences such as basket
weave or stockade are prohibited within the required front yard. On
corner lots, that portion of a lot contiguous to a public right-of-way
shall be considered as front yard area for the purpose of applying
the regulations herein.
(2)
Side and rear yards. No fence or wall shall exceed six feet
in height within required side and/or rear yards.
(3)
Prohibitions; chain link fence. Barbed wire or electrified screening
devices are prohibited. Each section of a chain link fence must be
topped with a pole.
(4)
Plantings.
(a)
Plantings, except trees, shall not exceed 2 1/2 feet in
height if placed within 10 feet of a public sidewalk or street edge.
[Amended 10-21-2019 by L.L. No. 8-2019]
(b)
There shall be no limit to the height of plantings located along
the side or rear property lines if more than 10 feet from the front
property line.
(c)
Where natural vegetation such as trees and shrubs is used as
an integral component of sight and sound control, such trees and shrubs
must be of the evergreen type.
(5)
Placement and maintenance.
(a)
Screening devices shall be placed so that they do not project
into adjoining properties, except trees above a height of seven feet.
(b)
All screening devices and plantings shall be maintained in a
sound and safe condition at all times. All fences shall be maintained
upright within three inches of the fence center line.
(c)
Fences shall be installed in such a manner that the structural
elements are facing the property owner on which the fence is located.
(6)
Accessibility. All portions of a lot enclosed by a screening
device shall be made accessible for fire-fighting purposes. Pedestrian
gates not less than three feet in width shall be installed at locations
providing direct access to all enclosed yard areas.
(7)
Nonconforming screening devices. Where a lawful screening device
exists at the effective date of adoption or amendment of this chapter
that could not be constructed under the terms contained herein by
reasons of restrictions in height, visibility characteristics, location
or any other requirement concerning said screening device, such screening
device may be continued so long as it remains otherwise lawful, subject
to the following provisions:
(a)
No such screening device may be enlarged or altered in a way
which increases its nonconformity, but any such screening device or
portion thereof may be altered to decrease its nonconformity.
(b)
Where a screening device is damaged due to any cause, including
deterioration due to the elements, or is declared unsafe and the cost
of restoration or correction exceeds 50% of the replacement cost of
the entire screening device, the same shall not be so corrected and
restored except in compliance with the provisions of this section.
(c)
Should such a screening device or portion thereof be relocated
within a lot, that portion as relocated shall be subject to the provisions
of this section.
C.
Screened parking, loading and storage area requirements. All side or rear lot areas designated, used or intended to be used as parking, loading and/or storage area(s) for any building or land use, other than single- and two-family dwellings, shall be screened from view of any adjacent residential use or residential use district. Such screening shall be either a wall, a solid fence or a fence and evergreens installed at a height of four feet and maintained to a height of six feet, or higher as required by the Planning Board, above grade level, subject to the placement and maintenance requirements of Subsection B(5) of this section.
D.
Snow fences shall be permitted only between November 1 through April
30 of the following year and only after issuance of a temporary permit
by the Code Enforcement Officer. As used in this section, a snow fence
is any fence which is intended to be used for control of snow and
is not supported on permanent fence posts set at least 12 inches into
the ground.
A.
Intent. It is the intent of this section to provide physical buffer
areas or corridors and screening separating residential and nonresidential
districts and separating nonresidential uses to:
(1)
Provide an aesthetic, visually appealing transition area between
adjacent residential and nonresidential use areas.
(2)
Protect the cohesiveness and the character of residential living
environments and neighborhoods.
(3)
Uphold residential property values and investments adjacent
to nonresidential use areas.
(4)
Shield residential areas from noise, illumination, glare, headlights,
fumes, blowing papers and debris, vehicular traffic and dust from
driveways and off-street parking and vehicle loading areas.
B.
General regulations. Any building permit application that includes
construction, enlargement, alteration or movement of any building
or structure; alteration of vehicular circulation or the establishment
of any use within any mixed-use, business or industrial district;
or any nonresidential use in a residential district shall include
provisions for a physical buffer and screening area of at least 20
feet in width where practical, or no less than a ten-foot minimum
width elsewhere, along any lot line abutting or, if determined necessary
by the Planning Board, directly across the street from any lot in
a residential district. This requirement may be reduced by the Planning
Board in instances where it determines that large distances, topographic
features, or existing vegetation or other screening satisfies the
same purpose, but in no case shall buffer requirements be reduced
to less than 10 feet in width.
(1)
The requirements of this section shall be applicable in all
instances where a building permit for a permitted use or an alteration
to an existing use is requested in any district, except alterations
to existing permitted residential uses in R-1, R-2 and R-3 Districts.
(2)
The construction and maintenance of required physical buffers
or screens, including the seasonal replacement of dead or diseased
plantings, shall be the responsibility of the owner of the property
for which the building permit is requested.
(3)
No other use or structure shall be permitted within a required
physical buffer area or corridor, including parking and loading spaces
and maneuvering areas necessary thereto.
C.
Buffer requirements between use districts and nonresidential uses.
(1)
The required physical buffer, corridor or screening between
residential districts and all nonresidential districts; between R-1,
R-2, R-3 Districts; and between all nonresidential uses, including
mixed-use areas and other uses, shall be determined by the Planning
Board.
(2)
In determining the requirements for the buffer, corridor or
screen, the Planning Board shall consider health, safety and community
aesthetics, as well as characteristics of the land.
D.
A buffer strip or corridor may contain plantings, including deciduous
and coniferous (evergreen) trees and/or shrubs, earthen berms, walls,
or fences or a combination of these of a height to be determined by
the Planning Board. All such buffer strips or corridors shall be clearly
shown on any plot plan and site plan finally approved by the Planning
Board.
E.
Notwithstanding the above, the Planning Board shall have the right,
in its sole discretion, to require a buffer area taking into consideration
the factors of health, safety and welfare of the residents.
F.
Buffers, berms and screen plantings and materials shall be provided
as set forth below.
(1)
A buffer area of at least 10 feet in width shall be provided
along the boundary line between any residential district and nonresidential
or mixed-use district or uses.
(2)
A buffer area of at least 50 feet in width shall be provided
along the boundary line between any residential district and industrial
district or use.
(3)
Visual screening may be required in buffer areas to screen portions
of nonresidential uses, particularly vehicle use areas, from nearby
residential properties as well as from public areas known to include
important views.
(4)
Buffers shall contain screen plantings of deciduous and evergreen
trees, hedges, or shrubs, and/or earthen berms, walls or fences, or
any combination thereof, to provide an effective year-round visual
screen and sound buffer between different districts and uses.
(5)
Evergreen plantings of such type, height, spacing and arrangement
as in the judgment of the Planning Board will screen the activity
involved from neighboring residential areas. Non-evergreen plantings
may seasonally supplement evergreen plantings, but not take its place.
(6)
A wall or fence, of location, height, design and materials approved
by the Planning Board as providing equivalent screening, may be substituted
for part or all of the required screening and plantings.
(7)
The following, wherever applicable, is required:
(a)
A visual screen not less than six feet in height, which may
be composed of a wall, fence, earthen berm, compact evergreen hedge,
or other such vegetative material or any combination thereof as approved
by the Planning Board shall be erected along the abutting property
line, but not to extend above or beyond the property line so as to
become a safety hazard or nuisance to adjacent property owners.
(b)
At least one row or staggered row(s) of native evergreen trees,
shrubs and/or hedges capable of forming a continuous visual screen
at least six feet in height within three growing seasons of planting.
Evergreen trees shall be a minimum five feet in height above finished
grade at installation. Evergreen shrubs used for screening shall have
a minimum height of four feet above finished grade at installation.
(c)
When buffer areas are a minimum 10 feet in width, evergreen
and deciduous shrubs may be used exclusively at a rate of approximately
one per five linear feet in lieu of evergreen trees due to restricted
space.
(d)
All deciduous trees at time of planting shall have a minimum
caliper of 2 1/2 inches, as measured six inches above the ground.
All ornamental trees with multi-stem form shall have a minimum caliper
of 1 3/4 inches measured six inches above ground and a minimum
height of eight feet above the finished grade. All deciduous shrubs
used for screening shall have a minimum height of 24 inches above
the ground, except when used as a ground cover.
(e)
In areas of poor soil conditions, plantings may be placed on
soil (earthen) berms to assure plant survival. Screen height in these
cases shall include the height of the berm and plantings.
A.
CUTOFF FIXTURE
FIXTURE
FOOTCANDLE
FULL CUTOFF FIXTURE (FCO)
FULLY SHIELDED FIXTURE
GLARE
LIGHT TRESPASS
LUMEN
LUMINAIRE
TEMPORARY OUTDOOR LIGHTING
Definitions specific to outdoor illumination.
A light fixture that restricts the amount of light emission
by shielding parts of the lamp. A cutoff, or semi-cutoff design allows
a restricted amount of light emitted above the horizontal plane running
through the lowest point on the luminaire.
The assembly that holds the lamp (bulb) in a lighting system.
It includes the elements designed to give light output control, such
as a reflector (mirror) or refractor (lens), the ballast, housing
and the attachment (mounting) parts.
A footcandle is the basic measuring unit of illuminance (the
amount of light falling on a surface). Footcandle measurement is taken
with a light meter. One footcandle is approximately equal to the illuminance
produced by a light source of one candela in intensity, measured on
a surface at a one foot distance from the source. Horizontal and vertical
footcandles measure the illumination striking a horizontal plane or
vertical plane, respectively.
A light fixture that cuts off all upward transmission of
light above an angle of 90° from the horizontal plane at the lowest
part (nadir) of the luminaire.
A luminaire constructed and installed such that all light
emitted, either directly from the lamp or a diffusing element, or
indirectly by reflection or refraction from any part of the luminaire,
is projected below the horizontal. It is the same as a full cut-off
luminaire, but without any restrictions on light distribution below
the horizontal plane.
Discomfort experienced by an observer with a direct line-of-sight
to a light source which often results in visual impairment due to
an intensity great enough to reduce the viewer's ability to see.
Light projected onto a property from a fixture not on that
property.
A measure of the brightness of the illumination exiting a
bulb, provided by a manufacturer. One footcandle is one lumen per
square foot.
A luminaire is a complete lighting fixture, including the
lamp, housing, ballasts, and photocells, less the support and mounting
assembly.
The specific illumination of an outdoor area or object by
any man-made device located outdoors that produces light by any means
for a period of less than seven days, with at least 180 days passing
before being used again.
B.
Intent.
(1)
This section is intended to reduce problems created by improperly
designed and installed outdoor lighting. It is intended to reduce
or eliminate problems of glare, minimize light trespass on adjoining
properties and reduce energy consumption by establishing regulations
that limit the types of acceptable outdoor lighting fixtures and their
illumination levels. By regulating outdoor lighting, community character
and aesthetics will be enhanced and excessive lighting that can become
a distraction of the traveling public and an annoyance to occupants
of neighboring properties caused by improper lighting can be avoided.
(2)
No illumination shall cause direct light rays to cross any property
line. All outdoor floodlight sources, such as those used for but not
limited to athletic fields, courts, swimming pools, parking lots,
security and building floodlighting, shall be steady, stationary,
shielded sources directed so as to avoid causing a hazard to motorists,
pedestrians or causing direct light rays on neighboring properties.
The marginal increase in light, as measured at any property line other
than a street line, shall not exceed one footcandle in intensity.
C.
General regulations. All installed public and private outdoor lighting
levels shall be in general compliance with the accepted illumination
guidelines, standards and recommended practices established by the
Illuminating Engineering Society of North America (IESNA) and also
in conformance with the requirements established by this chapter.
Lighting applications not explicitly addressed herein shall be controlled
by these regulations, including, but not limited to signs, architectural,
landscaping, decorative lighting, and outdoor facility lighting. All
lighting established prior to the adoption of this chapter shall be
considered legal nonconforming lighting devices until such time that
lighting is modified or replaced, which then must comply with the
provisions of this chapter.
(1)
The luminous surface of a luminaire shall, in general, be horizontally
mounted and aimed away from a property boundary to prevent glare and
light trespass.
(3)
Average levels of illumination for all buildings, landscaping
and parking areas shall not significantly exceed minimum levels necessary
for safety and security lighting as established by IESNA.
(4)
Pedestrian-scale lighting shall be on fixtures not exceeding
15 feet in height. These can be freestanding fixtures located along
sidewalks. Luminaires without cutoffs may be acceptable for pedestrian-level
lights as determined by the Planning Board, but luminaire design should
complement nearby architectural styles.
(5)
Fixture mounting height for all pole-mounted parking and circulation
lighting shall not exceed 35 feet above the paved grade adjacent to
the pole and are required to have full cutoff-type luminaire(s) to
prevent light emission above the fixture. Luminaires for municipal
streetlighting and recreational playing fields shall be exempt from
the height restrictions.
(6)
The maximum mounting height for wall-mounted lighting shall
not exceed 20 feet on all buildings, except for industrial buildings,
which shall not exceed 25 feet.
(7)
Wall-mounted fixtures intended to light entranceway doors shall
be mounted a maximum of three feet above the door head.
(8)
Wall-mounted fixtures shall prevent direct views of the lamp
through the lens. The fixture housing shall cut off the light beam
so it projects not more than 75° up from the vertical plane.
(9)
Canopy lights, such as service station lighting, shall be fully
recessed or fully shielded to prevent glare and light trespass.
(10)
Except as otherwise provided by law, no lighting device shall
be constructed or placed in any district which:
(a)
Consists of moving, rotating or otherwise animated parts, strings
of lights or lights of varying intensity such as flashing, intermittent,
moving, rotating or otherwise animated lights.
(b)
Is so placed as to aim or direct a light beam or reflection
upon or toward any public highway, land, right-of-way or adjacent
property. This shall not be construed to prohibit safeguard lighting
aimed directly at principal structures to prevent unlawful entry of
premises during hours of darkness.
(c)
Is so placed as to cause glare or reflection that constitutes
a hazard or nuisance to on-site or off-site vehicular and pedestrian
traffic circulation.
D.
Maximum illuminance at property lines.
(1)
Illumination from luminaries shall not exceed 0.1 footcandle
at a residential property line or 0.5 footcandle on nonresidential
property, as measured on a vertical plane. The maximum illumination
at five feet inside an adjacent residential parcel or public right-of-way,
or beyond, from light emitted from an artificial light source is 0.1
horizontal footcandle and 0.1 vertical footcandle. Said illumination
at 10 feet inside an adjacent commercial or industrial parcel or on
a public roadway, or beyond, shall not exceed 0.1 horizontal footcandle
or 0.1 vertical footcandle. No direct line-of-sight to a lamp is permitted
five feet or more beyond a residential or public right-of-way property
line. Compliance is achieved with fixture shielding, directional control
designed into the fixture, fixture location, fixture height, fixture
aim, or a combination of these factors.
(2)
Control of glare.
(a)
Any luminaire with a lamp or lamps rated at a total of more
than 1800 lumens, and all flood or spot luminaires with a lamp or
lamps rated at a total of more than 900 lumens, shall not emit any
direct light above a horizontal plane through the lowest direct-light-emitting
part of the luminaire.
(b)
All luminaires of 1800 lumens shall be a full-cutoff (fco) fixture
as installed. For luminaires under 1800 lumens, the lamp must be frosted
glass or installed behind a translucent cover, except floodlights
which must be aimed no higher than 45° below horizontal. This
can be accomplished by the use of full-cutoff (fco) fixture design,
shielding, visors, louvers, or other devices.
(c)
Any luminaire with a lamp or lamps rated at a total of more
than 1800 lumens, and all flood or spot luminaires with a lamp or
lamps rated at a total of more than 900 lumens, shall be mounted at
a height (H) equal to or less than the value (D/3) + 3, where D is
the distance in feet to the nearest property boundary. The maximum
height of the luminaire may not exceed 35 feet.
Example:
| |
---|---|
Pole height at a distance of 36 feet to a property line would
equal 15 feet, or (36/3) + 3 = 15
|
(d)
Any luminaire, regardless of its rated lumens, shall be directed
or its light output controlled as necessary so it is not aimed, focused,
or directed in such a way that causes light from the luminaire to
be directed toward residential buildings on adjacent or nearby land,
or create glare perceptible to persons operating motor vehicles on
public ways.
(3)
Outdoor advertising signs.
(a)
Lighting fixtures used to illuminate an outdoor advertising
sign shall be mounted on the top of the sign structure. All such fixtures
shall comply with the shielding requirements of this chapter.
(b)
Signs constructed of translucent materials and wholly illuminated
from within do not require shielding.
(c)
Signs shall be brought into conformance with this chapter within
10 years from its adoption.
(4)
Recreational facilities.
(a)
Any light source permitted by this chapter may be used for lighting
of outdoor recreational facilities (public and private), such as,
but not limited to, sports and athletic fields, tennis courts, or
outdoor entertainment areas provided the guidelines, standards and
recommended practices as established by the IESNA and this chapter
are met.
(b)
All fixtures used for event lighting shall be fully shielded
per this chapter, or be designed or provided with sharp cutoff capability,
so as to minimize up-light, light trespass and glare.
(c)
Outdoor floodlight sources for athletic fields shall not be
lit past 10:30 p.m. on a weeknight and 11:00 p.m. on a weekend night
without first obtaining approval from the Village Code Enforcement
Officer.
(5)
Temporary outdoor lighting.
(a)
Any temporary outdoor lighting that conforms to the requirements
of this chapter shall be allowed.
(6)
The following applications are exempt from the provisions of
this chapter:
(a)
Any luminaire with a lamp or lamps rated at a total of 1800
lumens or less, and all flood or spot luminaries with a lamp or lamps
rated at 900 lumens or less, may be used without restriction to light
distribution or mounting height, except that if any spot or flood
luminaire rated 900 lumens or less is aimed, directed, or focused
such as to cause direct light from the luminaire to be directed toward
residential buildings on adjacent or nearby land, or create glare
perceptible to persons operating motor vehicles on public ways, the
luminaire shall be redirected or its light output controlled as necessary
to eliminate such conditions;
(b)
Hazard warning and emergency lighting by a government entity;
(c)
Federal Aviation Administration (FAA) lighting requirements;
(d)
Lighting required by the Village of Liverpool, Town of Salina,
Onondaga County or state or federal agencies;
(e)
Traffic-control lighting or lighting as provided by law;
(f)
Monument, memorial and flag lighting;
(g)
Temporary holiday lighting;
(i)
Where any provision of federal, state, county, town or Village
statutes, codes, or laws conflicts with any provision of this chapter,
the more restrictive shall govern unless otherwise regulated by law.
[Amended 8-18-2008 by L.L. No. 3-2008; 11-18-2019 by L.L. No. 9-2019]
A.
The storage of garbage containing waste materials, rubbish and all
types of refuse containers shall be separate from all adjoining lots
or rights-of-way by a screening device not less than four feet in
height or otherwise contained within an enclosed structure, except
during such times as are designated for the removal of contents. No
unpleasant or noxious odors are permitted beyond lot lines. Outdoor
storage shall not be located within a required yard or transition
area.
B.
Personal on demand storage (PODS® or
similar portable outdoor storage containers commonly used for moving
and storage of personal property).
(1)
For purposes hereof, personal on demand storage ("PODS®") shall mean a portable shed, trailer, cargo
container or similar storage facility that is capable of being loaded
with materials and placed on a residential property for the purpose
of storing materials.
(2)
A resident shall be allowed to have a PODS® for 14 days without need of a permit as long as its use is to assist
with the moving into or out of the dwelling, or any other lawful use
not dealing with construction or catastrophe as described below. After
the fourteen-day period, the owner must submit an application to the
Code Enforcement Officer to receive a permit which authorizes additional
use of the PODS® for a period of time
not to exceed 30 days.
(3)
A resident shall be allowed to have PODS® in conjunction with an active building permit issued for residential
construction or renovation at a site. A permit shall be required,
which permit shall run concurrent with the length of the building
permit.
(4)
In the event of a catastrophe (fire, water, storm damage, or
other similar occurrence) PODS® are
allowed without permit for 30 days. After the thirty-day period, a
permit will be required upon application to the Code Enforcement Officer
and PODS® will only be permitted in
conjunction with a building permit.
(5)
PODS® are prohibited from being
placed in the street, or in a location that blocks a public sidewalk
or obstructs the view at any driveway or street intersection. PODS® placed in a front yard must be located within
the established driveway outside of the street line. PODS® located in a side or rear yard are subject to
lot line setback requirements. The Code Enforcement Officer may waive
these requirements in the event of catastrophe.
(6)
Absent catastrophe or a building permit justifying the need,
only one PODS® unit shall be permitted
on a residential property at a time.
(7)
A PODS® permit fee shall be established
by the Village Board.
C.
Building materials of any kind shall not be collected nor allowed
to accumulate on any property except in connection with an active
building permit.
Existing buildings, structures and uses previously authorized by special approvals, including variances, special permits, site plan approvals and other similar approvals, shall be subject to the provisions of Article XIII, Nonconforming Elements, relative to modifications.
A.
Permit. Swimming pools are permitted as an accessory structure in
any zoning district subject to applicable setback requirements of
the district and to the requirements set forth herein. A building
permit is required prior to commencement of construction.
B.
Application. The application for a permit shall be accompanied by
a site plan of the lot showing existing or proposed buildings, pool
location and size and lot lines to scale. Location of water, electric,
gas and sewer lines shall also be indicated. The application shall
indicate the method and manner of drainage of wastewater.
C.
Fences. Every swimming pool shall be completely enclosed by walls,
fences or similar structures not less than four feet in height. Openings
in the enclosure shall be limited to doors or gates equipped with
self-closing and locking devices which keep the opening securely fastened
at all times. Pools which are constructed above grade may be exempted
from the requirement of enclosures if a self-closing gate or removable
stairs is provided.
D.
Lighting. No lighting shall be permitted on or about a swimming pool
except that which will illuminate the pool and cast no light or reflections
on abutting properties.
E.
Deck or border. A deck, border or patio at least four feet wide around
the periphery of a below grade pool shall be maintained between the
edges of the pool and the fence or rail surrounding the pool.
F.
Lot coverage. Any part of the pool or border more than one foot above
grade shall be calculated as a structure in determination of lot coverage.
G.
Filling and emptying. Pools shall be filled between the hours of
10:00 p.m. and 6:00 a.m. In any period of water shortage declared
by emergency water orders or measures, no water shall be added to
an existing filled pool, nor shall a pool be filled. No pool wastewater
shall be discharged so as to flow onto adjoining properties or streets.
H.
Abandonment. Abandonment of a pool shall require a building permit.
Below-grade pools shall be filled with earth and pools constructed
above the surface of the ground shall be dismantled and any excavation
filled to the original contour of the lot. A pool unused for a period
of two years shall be deemed to be abandoned and shall be removed.
A.
Communication devices.
(1)
A freestanding satellite dish radio or television receiver,
receiving or transmitting antenna or similar device shall be permitted
as an accessory structure in a residential use district, subject to
the issuance of a building permit and the following restrictions:
(a)
Such structure shall comply with respective district setback
requirements for an accessory structure.
(b)
Such structure shall not exceed eight feet in diameter nor 15
feet above grade at its highest point.
(c)
Such structure shall be located in the rear yard only and shall
be screened from view from any public right-of-way.
(d)
Such structure shall be screened from any adjacent property
if any part of such structure is located less than 10 feet from such
property line; required screening shall be a minimum of six feet in
height.
(e)
Only one such structure shall be allowed on a lot.
(2)
A non-dish-type receiving or transmitting antenna may be attached
to or located upon a principal or accessory building in a residential
use district but may not exceed 10 feet above the highest point of
the roofline to which it is attached.
(3)
A satellite dish radio or television receiver, receiving or
transmitting antenna or similar device shall be permitted as an accessory
structure in a nonresidential use district subject to site plan review,
issuance of a building permit and the following provisions:
(a)
Only one such structure shall be allowed on a lot.
(b)
(c)
Such structure may be placed upon the roof of a principal building subject to the requirements of § 380-105A and whatever conditions the Planning Board imposes to minimize visual impact from the public right-of-way and adjacent properties. Such conditions may include, but not be limited to, size and scale, height, placement and color.
(4)
Application for a building permit shall include construction
drawings showing the proposed method of installation and a site plan
depicting structures on the property and adjacent properties and required
screening.
No animals, other than domestic animals as defined in § 380-5 of this chapter shall be maintained, housed or harbored in the Village of Liverpool.
A.
Intent. The primary purposes of this section are as follows:
(1)
To preserve the character and quality of life in Village neighborhoods
and business areas.
(2)
To control documented harmful and adverse secondary effects
of a concentration or proliferation of adult uses on surrounding areas
such as decreased property values, attraction of transients, parking
and traffic problems, increased crime (including prostitution, rape
and assaults in the vicinity of such uses), loss of business for surrounding
nonadult use businesses and deterioration of neighborhoods.
(3)
To maintain property values.
(4)
To prevent crime.
(5)
To protect retail trade.
(6)
To restrict minors' access to adult uses.
(7)
To maintain the general welfare, safety and morals for Village
of Liverpool residents.
B.
Regulations. Adult uses shall be an allowed use subject to the issuance
of a special permit and further:
(1)
An adult use may not be located in any zoning district other
than a LI-BP District.
(3)
An adult use may not be located within 1,000 feet of another
adult use or the same lot or parcel of land with another adult use.
(4)
An adult use may not be located or operated in a building or
structure which contains another adult use.
(5)
For the purposes of this section, measurements shall be made
in a straight line, without regard to intervening structures or objects
from the nearest exterior wall of the building or structure in which
an adult use is located to:
(a)
The nearest property line of the lot or parcel of land on which
a church or public or private elementary or secondary school or licensed
child day-care center or family day-care or day-care facility is located
in the Village of Liverpool.
(b)
The nearest boundary of a public park or a residential zoning
district of the Village of Liverpool.
(c)
The nearest exterior wall of the structures in which another
adult use is located.
(6)
Where the adult use is contained within a structure in a shopping center containing two or more businesses separated by common walls or in an enclosed shopping mall, the distances in Subsections B(1), (2) and (3) above shall be measured from the nearest interior or exterior wall enclosing the adult use location within the shopping center structure or enclosed mall.
(7)
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, adult uses shall be arranged and conducted
so that no visual observation can be made from the exterior of an
enclosed building containing an adult use therein of any specified
anatomical area or any specified sexual activity by virtue of any
display in or on the building which depicts, exhibits or shows said
area or activity. This prohibition shall apply to any display, decoration,
sign or window or other opening or any other means or method of visual
portrayal of information or advertisement.
[Added 6-26-2023 by L.L.
No. 2-2023]
A.
Short-term
rentals prohibited. It shall be unlawful for any person to offer to
rent or to operate any dwelling unit or rooming unit or portion thereof,
or to rent or operate any accessory structures or outdoor areas related
to the dwelling unit or rooming unit or portions thereof, as a short-term
rental as defined by this chapter.
B.
Penalties
for offenses.
(1)
Any person, partnership, corporation, limited-liability company,
limited-liability partnership or other entity who shall violate this
section regarding the prohibition of short-term rentals shall be liable
for a fine of at least $1,000 and not to exceed $3,500 for the first
offense, and shall be liable for a fine of at least $3,500 and not
to exceed $7,500 for a second offense committed within three years
of the first offense and shall be liable for a fine of at least $7,500
and not to exceed $10,000 for a third offense committed within three
years of the commission of the second offense. Each short-term rental
period offered or rented shall be considered a separate offense. The
foregoing penalties shall take precedence over those outlined elsewhere
in this Code for violations of this section regarding the prohibition
of short-term rentals.