Liverpool City Zoning Code
ARTICLE XVII
Supplementary Regulations
§ 380-105 General lot and structure requirements.
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.
§ 380-106 Transition requirements.
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.
§ 380-107 Screening devices and fences.
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.
§ 380-108 Physical buffers.
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.
§ 380-109 Outdoor illumination.
A. CONSTRUCTION LIGHTING CUTOFF FIXTURE FIXTURE FOOTCANDLE FULL CUTOFF FIXTURE (FCO) FULLY SHIELDED FIXTURE GLARE LIGHT TRESPASS LUMEN LUMINAIRE TEMPORARY LIGHTING
Definitions specific to outdoor illumination.
Exterior lighting used primarily to illuminate highway or building construction areas.
[Added 2-26-2024 by L.L. No. 4-2024]
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.
Lighting intended for uses which by their nature are of limited duration, such as civic events, filming, theatrical, television or performance activities, or construction projects.
[Amended 2-26-2024 by L.L. No. 4-2024]
B.
Intent.
(1)
This section is intended to reduce problems created by improperly designed and installed outdoor lighting, including temporary and construction 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.
[Amended 2-26-2024 by L.L. No. 4-2024]
(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.
(2)
A luminaire shall be of a design accepted by the IESNA, as a fully enclosed, fully shielded, cutoff-style fixture. (See attached illustrations as examples of Acceptable and Unacceptable Lighting Fixtures.[1])
[1]
Editor's Note: Said illustrations are included at the end of this chapter.
(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.
(c)
Construction lighting. Residential property and public rights-of-way shielding is required to prevent obtrusive light and nuisance and disability glare; to minimize light trespass to residential properties; and to prevent nuisance and disability glare onto public rights-of-way and properties.
[Added 2-26-2024 by L.L. No. 4-2024]
(d)
Temporary event lighting and lighting equipment for filming theatrical, television, and performance areas. Residential property and public rights-of-way shielding is required to prevent obtrusive light and nuisance and disability glare; to minimize light trespass to residential properties; and to prevent nuisance and disability glare onto public rights-of-way and properties.
[Added 2-26-2024 by L.L. No. 4-2024]
(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; provided that individual lamps are 130 lumens or less (10W incandescent, 2.5W LED) and the lighting does not pose a visual hazard for drivers on public rights-of-way;
[Amended 2-26-2024 by L.L. No. 4-2024]
(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.
§ 380-110 Outdoor storage of certain materials.
[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.
§ 380-111 Land use under special approvals.
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.
§ 380-112 Swimming pools.
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.
§ 380-113 Other accessory structures.
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.
§ 380-114 Domestic animals.
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.
§ 380-115 Adult uses.
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.
§ 380-115.1 Short-term rentals.
[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.