Liverpool City Zoning Code
ARTICLE XV
Parking and Loading
§ 380-91 Applicability.
A.
For every building hereafter erected, altered and extended or changed in use, there shall be provided parking and loading spaces at least as set forth in this article.
B.
No use or structure fully in conformance with these requirements on the date of enactment of this chapter may reduce the amount of parking below the levels required.
C.
Existing uses or structures not conforming to the parking schedule may continue; provided, however, that any modification causing an increase in use of floor area, with or without structural modification, shall require the provision of parking and loading for only that net additional floor area at least as set forth in this article.
D.
Any change in use causing an increase in use of floor area, with or without structural modification, shall require the provision of parking and loading for only that net additional floor area at least as set forth in this article. However, any off-site parking spaces associated with an existing use may not be automatically transferred to a new use unless approved pursuant to the requirements of this article. For purposes of interpretation, the determination of a change in use shall be based upon the uses enumerated in § 380-92 of this article.
E.
An unspecified use shall have the same parking ratio as the most closely similar use which is included in the schedule as determined by the Planning Board.
§ 380-92 Parking schedule.
The ratios listed below for each use are based upon the square footage of a structure's floor area, as defined herein. In calculating the required number of spaces, all fractional results shall be rounded to the next highest whole number. Site plan approval for parking is required for all uses except one- and two-family dwellings.
A.
Residential uses.
(1)
One-family and two-family dwelling units: at least one space for every dwelling unit.
(2)
Multiple-family dwelling units: at least 1.5 parking spaces for every dwelling unit.
(3)
Professional residence offices: one parking space for each nonresident employee plus one additional parking space for every 200 square feet of office space.
(5)
Mixed-use residential structures: at least 1.5 parking spaces for every dwelling unit. Off-street parking requirements shall be applied as for separate uses. All parking spaces required for the dwelling units should be provided on site and exclusive to that use. Nonresidential use parking shall be provided in accordance with the provisions of § 380-93.
B.
Nonresidential uses.
(1)
Commercial residences: one space per employee plus one space for every guest room.
(2)
Religious facilities: one space for every four seats in the main worship unit or one space per four persons to be accommodated.
(3)
Community centers: one space per four persons to be accommodated. Meeting/community rooms and reception halls and banquet facilities shall be included herein.
(4)
Schools: five administrative spaces plus, for preschools, elementary and middle/junior high schools, two spaces per classroom; for high schools, five spaces per classroom.
(5)
Day-care facilities: one space for each employee plus one space for each five children.
(6)
Business, professional and medical offices: one parking space plus one space for every 200 square feet of floor area.
(7)
General commercial and retail businesses: one parking space for every motor vehicle used directly in the business, plus one space for every 120 square feet of floor area.
(8)
Restaurants: one for every four seats or one space for every 100 square feet of customer floor area, whichever is greater.
(9)
Package-food restaurants or restaurants with drive-through service: one parking space for every four seats plus five spaces if the customer floor area is less than 500 square feet or 10 spaces if the customer floor area is 500 or more square feet.
(10)
Industrial and wholesale businesses: one space for every motor vehicle used directly in the business plus either one space for every 300 feet of nonwarehouse floor area and one space for every 900 square feet of warehouse floor area or one space for every two employees on the premises at the maximum shift, whichever is greater.
(11)
Outdoor recreation: as required by the Planning Board, based on a consideration of proposed use and type of programming, ages to be served and neighborhood orientation.
§ 380-93 Location of parking.
A.
On-site parking. The total number of required parking spaces should be located on the same lot as the use for which they are intended to serve except as provided in Subsection B of this section. For mixed-use buildings (regardless of zoning district), on-site parking shall be located behind the principal building, whenever possible. All on-site parking shall be designed and maintained in accordance with § 380-94.
B.
Off-site parking. The Planning Board will keep a record of which on-street spaces and off-street lot spaces have been accounted for by other nonresidential uses. For purposes of interpretation in determining the extent of the perimeter, a walking distance (likely pedestrian path) measurement and not direct-line measurement should be utilized. The same-block determination may extend along intersecting side streets. Within this established area, parking may be located on both sides of a street unless prohibited for access considerations by the Planning Board, who then may extend the parking perimeter up to an additional 100 feet in directions that do not require pedestrian street crossings. Off-site parking shall be in accordance with the provisions of Subsection B(1) and (2) below.
(1)
Off-street parking. For all nonresidential uses, up to 100% of the required parking may be located off the lot occupied by the use or structure, provided that the proposed off-site parking area is:
(a)
Within the same or a less-restrictive zone district as the site of the use or structure it is to serve, and the use of site as a parking area is compatible with and not detrimental to the surrounding properties.
(b)
Within a distance up to 500 feet of the property lines of the principal site.
(c)
Dedicated in fee ownership by the occupant/owner of the principal site, controlled by deed covenant or subject to a long-term lease.
(d)
Designed and maintained in compliance with the parking design standards as specified in this article and any applicable geometric controls of the zone district.
(e)
Provides a safe and convenient means of pedestrian access to and from the principal use site, and the Planning Board shall consider, but not be limited to, the evaluation of sidewalk adequacy, street crossings and driveways in the likely pedestrian path between the principal use site and the off-site parking location.
(2)
On-street and municipal parking. For all nonresidential uses, up to 50% of the required parking may be located in on-street and/or municipal parking spaces, provided that such spaces are:
[Amended 6-16-2014 by L.L. No. 2-2014]
(a)
Within a distance up to 500 feet of the front property line(s) or within the same block of the site, whichever is greater, provided that the on-street and/or municipal parking space has not been accounted for by another use for more than four hours during normal business hours.
(b)
Demonstrated to be part of a sufficient supply of available on-street and/or municipal parking spaces within the area established in Subsection B(2)(a) above and that the number of parking spaces needed to supplement the required parking will not cause the undue displacement of vehicles associated with other uses.
(c)
Located with respect to the principal use so that a safe and convenient means of pedestrian access is available, including, but not limited to, the provision of sidewalks and street crossings.
(d)
Located with respect to the travel lanes of the road such that any increase in activity of on-street parking spaces associated with the use will not interfere with the safe and efficient flow of traffic.
(e)
Not to be used for loading spaces unless allowed by § 380-95D for commercial vehicle storage or to supplement employee/other long-term parking needs associated with a use.
(f)
Officially established and maintained by the Village of Liverpool or other governmental agency.
C.
Shared parking. In its site plan review, the Planning Board may allow up to 100% of required parking spaces for a residential and/or nonresidential use in any district to be shared with another residential and/or nonresidential use subject to the following:
(1)
A description of the nature of the uses proposed to share the parking is provided and documents that the actual or anticipated pattern of parking usage associated with each use does not substantially conflict. Overlapping hours of usage is permissible, provided that the peak demand hours for each use do not coincide thereby creating an excessive shortage on parking for an extended period.
D.
Findings necessary for off-site or shared parking. It must be shown that the provision of the full amount of required parking on site is not practical, interfering with the optimal development of the site (such as causing elimination or reduction of buffers), results in poor internal circulation or creates excessive drainage to adjoining properties.
E.
Transfer of off-site parking rights (changes in use) shall require site plan review by the Planning Board.
F.
The property on which off-site shared parking is proposed to be located shall be subject to the provisions of site plan and/or site plan review.
G.
Loss or discontinuance of off-site parking shall require site plan review by the Planning Board.
§ 380-94 Parking area design standards.
A.
One- and two-family dwellings.
(1)
One- and two-family dwellings are exempt from screening and buffering requirements applicable to parking areas.
(2)
Within the yard area between the front of the residence and the public right-of-way, all vehicles must park in the established driveway or residential parking area. No vehicle may be parked on the landscaped portion of the yard.
(3)
The driveway may extend from the front edge of the property through the front yard to the side or rear of the residence. The maximum width of the driveway at the street line and within the front yard shall be 24 feet. In no case may more than 25% of any front yard area be paved or used for a driveway and off-street parking.
(4)
A residential parking area may be installed adjacent to the street edge contingent upon the following:
(a)
In no case shall a residential parking area be provided for property that has sufficient space for a driveway capable of accommodating four cars for a single-family or eight cars for a two-family residence.
(b)
The residential parking area must adjoin the street and driveway.
(c)
The residential parking area must be constructed of asphalt or concrete. If the existing driveway is stone or gravel, that portion of the driveway that adjoins the residential parking area must be improved to asphalt or concrete to match the residential parking area.
(d)
The maximum width of the combined residential parking area and driveway along the street shall not be more than 24 feet.
(e)
The maximum depth of the residential parking area from the street edge shall not exceed 20 feet. In no case shall the residential parking area extend over a public sidewalk.
(f)
In no case shall any portion of a vehicle parked perpendicular to the street protrude over any portion of the sidewalk or into the street.
(g)
In no case shall any portion of a vehicle parked parallel to the street protrude over any portion of the sidewalk.
(h)
In no case shall any portion of a vehicle parked parallel to the street protrude into the street between 2:00 a.m. and 6:00 a.m. from November 1 to April 15. (See § 368-8.)
(i)
In no case shall any portion of a vehicle in the residential parking area protrude into the street within 20 feet of an intersection or 30 feet of a stop sign in accordance with Article 32 of the New York State Vehicle and Traffic Law, § 1202.
(j)
In no case shall the residential parking area be utilized to park or store campers, mobile homes, recreational vehicles, snowmobiles, boats, similar recreation-oriented vehicles or trailers of any description.
(5)
No more than 20% of a lot may be paved with impervious material for the parking of vehicles.
(6)
Commercial vehicles and commercial construction equipment.
[Amended 12-1-2014 by L.L. No. 3-2014; 2-26-2024 by L.L. No. 3-2024]
(a)
Other than for customary delivery of goods and services to the premises, no residential property in any residential use district shall provide parking, storage or a base of operations for commercial vehicles, commercial construction equipment, and support equipment, as defined herein.
(b)
Notwithstanding the foregoing, a company vehicle, such as a car, pick-up truck or van, driven and used by the owner or occupant of the property may be parked in the driveway or garage of such property, provided, however, that no such vehicle shall be more than seven feet in height or seven feet in width.
B.
Mixed-use structures, multiple-family dwellings and nonresidential uses.
(1)
Exemption. Parking facilities existing on the date of enactment of this chapter shall be exempt from compliance with these design standards unless a change of use has subsequently occurred or the Code Enforcement Officer has determined an unsafe condition exists and requires modifications to the parking.
(2)
Access and layout. The curb cut, driveway and parking area shall be designed so that all vehicle movements to and from the public right-of-way are in a forward direction. The layout of the parking area shall permit entering and exiting without moving vehicle(s) parked in other spaces.
(3)
Entrances and exits. The location, number and width of each curb cut providing access to and from a public road shall be specified by the Planning Board, absent control by another jurisdiction. Curb cuts shall not be located within 20 feet of the nearest curb cut within the site itself or on any adjoining property; for properties less than 60 feet in width, the distance does not apply.
(4)
Driveways. Each driveway leading from the curb cut to the parking area shall have a suitable stacking area for the use, and the paved area, exclusive of parking spaces, shall be a minimum of 10 feet in width for one-way traffic and 20 feet in width for two-way traffic up to a maximum of 24 feet unless required to be larger or smaller by another jurisdiction.
(5)
Location of parking. Parking spaces may not be located in a required front yard or in required buffer areas.
(6)
Landscaping and snow storage.
(a)
Buffers. A landscaped buffer shall be installed and maintained on all sides where a parking area abuts adjoining properties or public rights-of-way, except as provided in Subsection B(6)(e) below. It shall have a minimum width of five feet measured inward from the property line, unless required to be larger by transition or special permit requirements. Decorative materials, including but not limited to plants, shrubs, trees, stone, brick, etc., may be placed in the buffer to delineate the buffer from the parking pavement and to enhance the appearance of the site. Any buffer shall provide visual screening and should be 36 to 48 inches in height provided that it does not pose blind spots or public safety hazards or issues.
(b)
Front yard visibility. No front yard buffer, including associated decorative materials, may exceed 2 1/2 feet in height above the grade. Trees are allowed, provided that they are trimmed to provide a seven-foot clearance to the lowest branches and the trees are no closer than 10 feet to the edge of a driveway and 10 feet to the front property line.
(c)
Screening (fencing). On each side that a parking area abuts or faces upon a residential use or a residentially zoned property, the view of that parking area from the residential property or properties shall be effectively screened with an opaque fence or a dense planting of evergreens. Such screening shall be maintained within the property boundary at a height of six feet in the rear and side yard areas. Screening for parking areas servicing mixed-use buildings shall be subject to the discretion of the Planning Board and shall be considered on a case-by-case basis.
(d)
Snow storage. Each parking lot or area shall provide for a system of snow removal and have sufficient on-site snow storage. Buffer areas may be used to store snow; however, snow may not be deposited in the front yard or in public right-of-way to a point that impairs visibility. The Planning Board may require the provision of additional snow storage areas.
(e)
Adjacent parking areas. Upon petition of adjoining nonresidential property owners, the Planning Board may reduce or eliminate a required side or rear yard buffer to interconnect adjacent parking lots; provided, however, that such approval would not be detrimental to the internal circulation of either parking lot and that adequate provisions for snow storage are provided.
(7)
Surfacing. All off-street parking areas and driveways shall be surfaced with an all-weather, dustless material and striped to delineate parking spaces. Wheel stops shall be provided where necessary to protect buffers, lighting standards, signs and other installations.
C.
Permit required. No driveway or parking area shall be installed, enlarged or resurfaced prior to the issuance of a permit by the Code Enforcement Officer.
§ 380-95 Loading facilities.
A.
Loading schedule. In accordance with § 380-91, all commercial buildings, including mixed-use buildings, shall provide on-site or on-street (upon approval of the Village Board) space for loading and unloading trucks and other delivery vehicles as set forth below. In calculating the required number of spaces, all fractional results shall be rounded to the nearest whole number.
B.
Loading space dimensions. Each loading space shall be 12 feet in width by 40 feet in length with a clear height of 14 feet, unless otherwise specified by the Planning Board based on the type and size of delivery vehicles anticipated.
C.
Location. All loading spaces shall be located in the side or rear yard portions of a site and may not encroach into any buffer area or require the use of adjoining land for maneuvering.
D.
On-street loading. The Planning Board may allow a loading space to be established within the public right-of-way, provided that it is found that the provision of an on-site loading space is not practical and interferes with the optimal development of the site or parking area; and, further, the use of the on-street loading space is limited to hours of low parking demand or is located in space identified by the Village of Liverpool as a designated loading zone.
§ 380-96 Modification of requirements.
The Planning Board may require additional or fewer parking and loading spaces for any use if it finds that, for a particular use, the required minimum spaces are not sufficient or are excessive, provided that the safety and general welfare of the public is not jeopardized; and, furthermore, provided that such modification should not exceed 50% of the required spaces.