Livonia Village City Zoning Code
ARTICLE VI
Zoning District Regulations
§ 155-31 NR Neighborhood Residential District.
A.
Intent. The purpose of the NR Neighborhood Residential District is to accommodate a variety of residential development at a density of three to eight dwelling units/acre in land areas where public water and sanitary sewer services are available, and at a lower density where the extension of such utilities is anticipated but not yet in place. A primary goal of this district is to efficiently utilize existing municipal services, while providing convenient access to employment, retail, service, institutional and recreational centers. This shall be achieved by integrating residential neighborhoods, open spaces, scenic vistas and natural features in order to maintain community character and identity. Incentive zoning or density bonuses may be granted in accordance with § 155-67, on the condition that specific physical, environmental and cultural amenities would benefit the community.
B.
Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations, especially site plan approval in accordance with Article XIV, landscaping in accordance with Article IX, overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts, and, if applicable, subdivision approval in accordance with Chapter 130.
(1)
Single-family dwelling.
(2)
Two-family dwelling.
(3)
Double-wide-manufactured home.
(4)
Multifamily dwelling subject to the requirements of Article VII, § 155-59.
(5)
Day-care facility located in a private dwelling and regulated by § 390 of the Social Services Law of the State of New York.
(6)
Agricultural or farming operations, roadside stands.
C.
Accessory uses.
(1)
Uses customarily incidental to the above.
(2)
Home occupation located in principal building, in accordance with § 155-5.
(3)
Garage and accessory building.
(4)
Fence.
(5)
Gardening and horticultural use, including greenhouse.
(6)
Toolhouse, shed and similar building for storage of domestic supplies and noncommercial recreational equipment.
(7)
Private garage, parking space and carport for licensed and operable passenger cars and trucks.
(8)
Parking in accordance with Article X.
(9)
Signage in accordance with Article XI.
(10)
Landscaping in accordance with Article IX.
(11)
Solar panels.
(12)
Pools, private and public.
D.
Uses permitted with a conditional use permit from the Joint Zoning Board of Appeals, subject to the requirements of § 155-17B. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts, to site plan approval in accordance with Article XIV, to landscaping requirements in accordance with Article IX and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Accessory dwelling unit, subject to the requirements of Article VII, § 155-60.
(2)
Residential care facility.
(3)
Public utility.
(4)
Public use, such as a place of worship, park or school.
(5)
Bed-and-breakfast inn.
(6)
Funeral home.
(7)
Day-care center.
(8)
Mobile home park, subject to the requirements of Article VII, § 155-61.
(9)
Home occupation located in an accessory building, in accordance with § 155-5.
(10)
Roadside stand for the sale of produce primarily grown on the premises, subject to the requirements of Article VII, § 155-63, and the site plan review requirements of Article XIV.
E.
Lot size.
Minimum Area (square feet) | Minimum Width** (feet) | |||
|---|---|---|---|---|
Single-family dwelling: | ||||
With public water and sanitary sewer | 15,000 | 90 | ||
With public water only | 20,000 | 100 | ||
With no public utilities | 40,000 | 150 | ||
Two-family dwelling: | ||||
With public water and sanitary sewer | 20,000 | 90 | ||
With public water only | 40,000 | 100 | ||
With no public utilities | 80,000 | 150 | ||
** | Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town Design Criteria, and the front lot line shall be a point at which the lot meets the minimum width requirements. |
(1)
Lot size for multifamily and mixed residential developments shall be guided by the multifamily density standard of eight units per acre.
F.
Lot coverage. Maximum lot coverage, including buildings and structures, shall not exceed 25% of the area of the parcel.
G.
Minimum required setbacks.
(1)
Front:
(a)
Village road: 30 feet.
(2)
Side: 15 feet.
(3)
Rear, including at least one yard of a corner or through lot: 30 feet.
H.
Height. The maximum permitted height of any structure or dwelling shall not exceed 35 feet, except that chimneys attached to such structures may extend five feet above the highest point of the building.
I.
Minimum driveway spacing. The minimum distance between driveways whether on the same parcel or adjacent parcel shall be as specified in the access management standards of Article XV.
§ 155-32 Mixed Use District.
[Amended 2-25-2009 by L.L. No. 4-2014]
A.
Intent. The purpose of the Mixed Use District is to encourage a mixed residential, light commercial and professional office environment.
B.
General development standards. All development shall be in accordance with Article XIV, Site Plan Review and Approval, of this chapter. Developments can be single uses on single parcels or multiple uses on individual or separate parcels. All development shall be on public water and sewer. No single use shall occupy more than 85% of the usable land (see definition for usable land) in the Mixed Use District. Residential uses shall include a mix of single-family homes, two-family homes and multiple-family dwellings. The ratio of each residential use shall be determined by the Planning Board. In determining the percentage requirement, the unit of measurement shall be acres within the district. Examples of a one-hundred-acre Mixed Use District:
(1)
One single-family home located on a five-acre parcel would equal 5% of the district used for residential.
(2)
Four two-acre lots, each with a commercial use, would equal 8% of the district for commercial use.
(3)
Four two-acre lots, each with a commercial use on the first floor and residential use on the second floor, would equal 4% for commercial and 4% for residential.
(4)
Ten single-family homes on 10 individual one-acre lots would equal 10%.
C.
Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations, especially site plan approval in accordance with Article XIV, landscaping in accordance with Article IX, overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts, and, if applicable, subdivision approval in accordance with Chapter 130.
(1)
One-story patio homes, with attached garage.
(2)
Single-family home, with attached garage.
(3)
Two-family home, with attached garage.
(4)
Multifamily dwellings, subject to the requirements of Article VII, § 155-59.
(5)
Home child-day-care facility.
(6)
Commercial day-care centers.
(7)
Attached accessory dwellings.
(8)
Nursing homes.
(9)
Funeral homes.
(10)
Bed-and-breakfasts.
(11)
Public utility.
(12)
Public use, such as a place of worship, park or school.
(13)
Professional office, service, retail, mini storage facilities.
(14)
Social clubs, restaurant, bars.
(15)
Indoor commercial fitness centers.
(16)
Mixed residential and commercial uses.
(17)
Home occupations, per the New York State Building Code.
(18)
Communication centers, call centers.
(19)
Research and development facilities.
(20)
Unless exempted by New York State Agricultural and Markets Law Article 25AA, only agricultural or farming operations, excluding intensive agricultural operations in lawful existence as of the date of adoption of these regulations, shall be allowed to continue and shall be considered a permitted or conforming use subject to the regulations of the Mixed Use District.
D.
Prohibited uses.
(1)
Auto sales or service, including but not limited to car washes, gas sales.
(2)
Landfills.
(3)
Adult entertainment uses.
(4)
Home occupation in accessory structures.
(5)
Outside bulk storage for resale of any items.
(6)
Outdoor storage: including but not limited to, garbage receptacles, building material, licensed or unlicensed campers, ATVs, motor homes, boats, trailers, etc.
(7)
Accessory structures, except on single home parcels larger than 15,000 square feet, including but not limited to sheds, detached garages, towers, pools.
(8)
Mobile (manufactured) home parks.
(9)
Outdoor solid-fuel-burning furnaces.
E.
Unlisted uses. Any uses not listed in Subsection C above shall not be allowed.
F.
Lot sizes.
(1)
Residential.
Minimum Area (square feet) | Minimum Lot Width at Road (feet) | ||
|---|---|---|---|
One-story patio homes | 6,000 | 50 | |
Single-family | 10,000 | 65 | |
Two-family | 15,000 | 75 | |
Multifamily | 20,000 | 150 |
(2)
Commercial:
(a)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 155-17C.
G.
Lot coverage.
(1)
Residential.
(a)
Patio, single- and two-family homes: maximum 25%.
(b)
Multifamily: No more than 50% of the lot shall be covered by buildings and parking areas. Recreation areas shall not be included in the fifty-percent lot coverage.
(2)
Commercial.
(a)
Maximum lot coverage: 30%.
H.
Building size.
(1)
Commercial.
(a)
Maximum 20,000 square feet. Planning Board shall consider larger uses with low traffic generation and operational characteristics. Documentation satisfactory to the Planning Board shall be provided by the applicant demonstrating that the larger use will not be detrimental to the district.
I.
Setback.
(1)
Residential.
Side (feet) | Front (feet) | Rear (feet) | ||
|---|---|---|---|---|
Patio home | 5 | 30 | 30 | |
Single-family | 10 | 30 | 30 | |
Two family | 15 | 30 | 40 | |
Multifamily | 20 | 50 | 50 |
(2)
Commercial..
(a)
Property abutting commercial, industrial or residential uses.
Property Abutting Commercial or Industrial District or Use (feet) | Property Abutting Any Residential District or Use (feet) | |
|---|---|---|
Front 40 | 40 | |
Side 20 | 100 | |
Rear 50 | 100 |
All setbacks shall be measured from the property line. |
(b)
Any use that sells alcohol for on-premises consumption and any structure having a drive-up service window shall have a minimum of 750 feet separation from any residentially used structure or the setback line of any vacant residential parcel.
J.
Building height. No building or structure shall exceed 30 feet in height.[1]
[1]
Editor's Note: Former Subsection K, Definitions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 155-33 CC Core Commercial District.
A.
Intent. The intent of the Core Commercial District is to implement the vision of the Livonia Comprehensive Plan to provide use and development regulations appropriate to revitalization of the historic Livonia commercial center. Within the Core Commercial District, particular attention should be paid to facade treatments and signage, pedestrian circulation and, if applicable, building location and vehicle circulation so that the historic Village development pattern remains intact.
B.
Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations, especially site plan approval in accordance with Article XIV, landscaping in accordance with Article IX, overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts and, if applicable, subdivision approval in accordance with Chapter 130.
(1)
Professional offices occupying less than 40,000 square feet of building area, including medical and other business offices, such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents and offices of not-for-profit organizations.
(2)
Services occupying less than 40,000 square feet of building area, excluding motor vehicle services and including consumer, personal and business services, such as but not limited to banks, self-serve laundries and dry-cleaning outlets, tailors, repair shops (shoe, appliance, etc.), barbershops, beauty salons, tanning salons, copy shops, video stores and art, craft or dance schools.
(3)
Retail sales occupying less than 40,000 square feet of building area, excluding sale of motor vehicles or fuel, and including stores selling goods at retail to individual and business customers, such as but not limited to sales of food, including food preparation for retail sale on the premises, shoes, clothing, home furnishings, appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers.
(4)
Indoor commercial recreation facilities occupying less than 40,000 square feet of completely enclosed building area, including facilities for fitness activities, such as running, swimming, competitive sports, bowling or skating and other recreational uses, such as arcades, performing arts centers or pool halls, and other similar activities.
(5)
Bed-and-breakfast inn.
(6)
Day-care centers as defined by § 390 of the Social Services Law of the State of New York.
(7)
Mixed use structures combining permitted commercial use(s) on the first floor or street side of a building and residential use on the upper floor(s) or to the rear of the building.
(8)
Multifamily dwellings in lawful existence as of the date of adoption of these regulations shall be allowed to continue and shall be considered a permitted or conforming use subject to the regulations of multifamily dwellings in the Neighborhood Residential District.
(9)
Private clubs.
(10)
Public use, such as a place of worship, park or school.
(11)
Solar panels.
(12)
Pools, private and public.
C.
Accessory uses.
(1)
Signs in accordance with Article XI.
(2)
Parking in accordance with Article X.
(3)
Garage or other accessory building necessary to store materials, vehicles or equipment related to the lawful principal use of the property.
D.
The following uses are permitted upon approval of a conditional use permit from the Joint Planning Board in accordance with the requirements of § 155-20D. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts, to site plan approval in accordance with Article XIV, to landscaping requirements in accordance with Article IX, and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Bar, tavern or any use, other than a restaurant or an adult use, which is licensed to provide alcoholic beverages for on-premises consumption.
(2)
Restaurant, including accessory outdoor dining facilities.
(3)
Accessory outdoor sales or storage of goods, materials or equipment subject to the requirements of Article VII, § 155-54.
(4)
Public utility.
(5)
Use larger than 40,000 square feet but less than 100,000 square feet.
(6)
Drive-in facility.
(7)
Hotel/motel.
(8)
Motor vehicle service station or sales, repair or washing establishment, subject to the requirements of Article VII, § 155-65.
(9)
Convenience store with retail fuel sales, subject to the requirements of Article VII, § 155-65.
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Commercial operations whose principal activity is the storage, production, processing or sale of hazardous or radioactive materials, as defined by the United States Department of Transportation in Title 49 of the United States Code.
(2)
Commercial and agricultural operations which in any part involve the slaughtering or processing of animals or fish, including the parts thereof.
(3)
Airports, landing strips and heliports.
(4)
Racetracks or racing operations for automobiles, snowmobiles, stock cars, minicars, motorcycles or model cars or airplanes and any other similar racing operations, facilities or uses.
(5)
Expansion of preexisting nonconforming residential uses.
(6)
Wholesale bulk fuel storage.
(7)
Landfills.
(8)
Commercial feedlots.
(9)
All other uses not specifically permitted.
F.
Development standards.
(1)
Lot coverage. If adjacent buildings are built to the lot line, 100% lot coverage may be required at the discretion of the Joint Planning Board. Otherwise, up to 30% of the lot area may be required to be set aside as planted open space. Also at the discretion of the Joint Planning Board and in accordance with the requirements of Article VII, § 155-67, Incentive zoning, a portion of this area may be unenclosed impervious surface area designed for the enhancement of the pedestrian environment and in no way used by motor vehicles.
(2)
Minimum required setbacks.
(a)
Front: 20 feet or average of block.
(b)
Side: zero setback and in accordance with New York State Building Code.
(c)
Rear: 25 feet or average of block.
(3)
Maximum height: 40 feet.
(4)
Minimum lot width: 50 feet.
(5)
Minimum driveway spacing. The minimum distance between driveways whether on the same parcel or an adjacent parcel shall be as specified in the access management standards of Article XV.
(6)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 155-17C.
(7)
Street front architectural features. Street front facades, particularly on "infill" lots, should be respectful of and sympathetic to adjacent buildings' stringcourse, cornice and water table heights, rhythm and proportion of windows and doors, and the scale and massing of architectural elements. Pedestrian amenities should be an integral part of the design, including exterior lighting, signage, awnings, canopies, curbcuts, entrances and display windows.
§ 155-34 GC Gateway Commercial District.
A.
Intent. The intent of the Gateway Commercial District is to provide conveniently located areas of moderately intense commercial uses located in freestanding buildings, multitenant buildings and neighborhood shopping centers. Gateway Commercial Districts are expected to accommodate a range of local and nationally known businesses with local or regional clientele. Suitable locations are generally easily accessible from major roads. Parcel/building conditions, including building type and size, lot size, adjacent uses and availability of parking, may vary widely within the district. Such conditions may limit the development/redevelopment options for a particular site. Uses in a Gateway Commercial District should provide an appealing pedestrian environment, including linkages to other uses while accommodating motor vehicles. Such districts may vary in size and scope from five acres or less providing a limited range of commercial services to motorists, to areas of 100 or more acres where a wider range of commercial uses serving the needs of local and regional residents, area businesses and tourists and other transients are appropriate.
B.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations, especially site plan approval in accordance with Article XIV, landscaping in accordance with Article IX, overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts, and, if applicable, subdivision approval in accordance with Chapter 130.
(1)
Professional offices occupying less than 40,000 square feet of building area, including medical and other business offices, such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents and offices of not-for-profit organizations.
(2)
Services occupying less than 40,000 square feet of building area, excluding motor vehicle services and including consumer, personal and business services, such as but not limited to banks, self-serve laundries and dry-cleaning outlets, tailors, repair shops (shoe, appliance, etc.), mini storage, barbershops, beauty salons, tanning salons, copy shops, video stores and art, craft or dance schools.
(3)
Retail sales occupying less than 40,000 square feet of building area, excluding sale of motor vehicles or fuel and including stores selling goods at retail to individual and business customers, such as but not limited to sales of food including food preparation for retail sale on the premises, shoes, clothing, home furnishings, appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers.
(4)
Indoor commercial recreation facilities occupying less than 40,000 square feet of building area in a completely enclosed building, including facilities for fitness activities, such as running, swimming, competitive sports, bowling or skating, and other recreational uses, such as arcades, performing arts centers or poolhalls and other similar activities.
(5)
Bed-and-breakfast inns.
(6)
Day-care centers as defined by § 390 of the Social Services Law of the State of New York.
(7)
Mixed use structures combining permitted commercial use(s) on the first floor or street side of a building and residential use on the upper floor(s) or to the rear of the building.
(8)
Unless exempted by New York State Agricultural and Markets Law Article 25AA, only agricultural or farming operations in lawful existence as of the date of adoption of these regulations shall be allowed to continue and shall be considered a permitted or conforming use subject to the regulations of the Agricultural Residential Conservation-3 District.
(9)
Restaurants, including accessory outdoor dining facilities.
(10)
Private clubs.
(11)
Public use, such as a place of worship, park or school.
C.
Accessory uses.
(1)
Signs in accordance with Article XI.
(2)
Parking in accordance with Article X.
(3)
Garage or other accessory building necessary to store materials, vehicles or equipment related to the lawful principal use of the property.
(4)
Commercial outdoor dining facilities accessory to lawful restaurant use.
D.
The following uses are permitted upon approval of a conditional use permit from the Joint Planning Board in accordance with the requirements of § 155-20D. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts, to site plan approval in accordance with Article XIV, to landscaping requirements in accordance with Article IX, and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Bar, tavern or any use, other than a restaurant or adult use, which is licensed to provide alcoholic beverages for on-premises consumption.
(2)
Residential care facility.
(3)
Outdoor commercial recreation facility, such as a batting cage, driving range, miniature golf course, water or amusement park, performing arts center, or uses of a similar nature.
(4)
Accessory outdoor sales or storage of goods, materials or equipment, subject to the requirements of Article VII, § 155-54.
(5)
Movie theater.
(6)
Public utility.
(7)
Use larger than 40,000 square feet.
(8)
Drive-in facility.
(9)
Hotel/motel.
(10)
Outpatient health center.
(11)
Motor vehicle service station or sales, repair or washing establishment subject to the requirements of Article VII, § 155-65.
(12)
Convenience stores with retail fuel sales, subject to the requirements of Article VII, § 155-65.
(13)
Warehouse and destruction facilities, provided that adequate areas for fleet parking shall be provided. A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor-trailer on site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Commercial operations whose principal activity is the storage, production, processing or sale of hazardous or radioactive materials, as defined by the United States Department of Transportation in Title 49 of the United States Code.
(2)
Commercial and agricultural operations which in any part involve the slaughtering or processing of animals or fish, including the parts thereof.
(3)
Airports, landing strips and heliports.
(4)
Racetracks or racing operations for automobiles, snowmobiles, stock cars, minicars, motorcycles or model cars or airplanes and any other similar racing operations, facilities or uses.
(5)
Expansion of preexisting nonconforming residential uses.
(6)
Wholesale bulk fuel storage.
(7)
Landfills.
(8)
Commercial feedlots.
(9)
All other uses not specifically permitted.
F.
Development standards.
(1)
Lot coverage. A minimum of 30% of the lot area shall be set aside as planted open space. Building coverage shall not exceed 35% of the lot area. At the discretion of the Joint Planning Board and in accordance with the requirements of Article VII, § 155-67, Incentive zoning, a portion of required open space and/or nonbuilding areas may be devoted to shared driveways or cross-access easements or enhancement of the pedestrian environment.
(2)
Setbacks.
(a)
Minimum required setbacks.
[1]
Front: 50 feet.
[2]
Side: 20 feet.
[3]
Rear: 50 feet.
(b)
Any development adjacent to Residential or Mixed Use Districts Shall have a side and rear setback of 100 feet.
Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of Village Design Criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
(3)
Maximum height: 40 feet.
(4)
Minimum lot width: 75 feet.
(5)
Minimum driveway spacing. The minimum distance between driveways whether on the same parcel or an adjacent parcel shall be as specified in the access management standards of Article XV.
(6)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 155-17C.