Liberty Village City Zoning Code
ARTICLE IV
General Supplementary Regulations
§ 87-16 Parking, loading, access and traffic standards.
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.
§ 87-17 Floodplain development standards.
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.
§ 87-18 Home occupation regulations.
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.
§ 87-19 General commercial and industrial standards.
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.
§ 87-20 Landscaping, screening and buffer areas.
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.
§ 87-21 Lighting.
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.