Current Zoning

TOWN OF LIBERTY, ZONING LAW

TABLE OF CONTENTS

Chapter 147

Article II - Definitions

1 147-3 General Terms

1 147-4 Amendment of 147-4 Words and Phrases Defined

Article III - Establishment of Zoning Districts and Zoning Map

23 147-5 Amendment of 147-7 Enumeration of Districts

23 147-6 Amendment of 147-6 Zoning Map

24 147-7 Interpretation of Boundaries

Article IV - District Regulations

25 147-8 Amendment of Schedule of District Regulations Referenced

25 147-9 Application of Regulations

Article V - Supplementary Regulations for Buildings and Lots

26 147-10 Lot Regulations

27 147-11 Height Regulations

27 147-12 Yard Regulations

28 147-13 Maximum Building Coverage

28 147-14 Accessory Structures

Article VI - Supplementary Regulations Pertaining to Certain Uses

30 147-15 Amusement, Recreation and Social Areas

32 147-16 Parking, Loading and Access Requirements

33 OFF STREET PARKING SCHEDULE

35 147-17 Signs

37 147-18 Commercial and Manufacturing Performance Standards

38 147-19 Floodplain Development

38 147-20 Miscellaneous Uses

Article VII - Moderate to High Density Residential and Associated Development

45 147-21 Cluster Developments

46 147-22 Multiple Dwellings

51 147-23 Planned Unit Development Districts

56 147-24 Mobile Homes

56 147-25 Bungalow Colonies

Article VIII - Special Uses and Site Plan Review

59 147-26 Authority

59 147-27 Standards and Criteria

61 147-28 Procedure

Article IX - Non-confroming Uses and Structures

65 147-29 Purpose

65 147-30 Definition

65 147-31 Normal Maintenance and Repair Activities

65 147-32 Changes and Additions

67 147-33 Reconstruction

67 147-34 Abandonment and Re-Establishment

68 147-35 Single-Family Dwellings

68 147-36 Certificate of Non-Conformance

Article X - Administration and Enforcement

69 147-37 Building Inspector

69 147-38 Permit Procedures

74 147-39 Violations

Article XI - Appeals, Variances, and the Zoning Board of Appeals

76 147-40 Zoning Board of Appeals

76 147-41 Power and Duties

77 147-42 Procedure

Article XII - General Provisions

85 147-43 Amendment Procedure

85 147-44 Interpretation

85 147-45 Severability

Article XIII

85 147-46 Effective Date

TOWN OF LIBERTY

ZONING LAW

Chapter 147

ARTICLE II

Definitions

(147-3) – General Terms

Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “structure” shall include the word “building”; the word “used” shall include “arranged, designed, constructed, altered, converted, rented, leased or intended to be used”; and the word “shall” is mandatory and not optional.

(147-4) Amendment of 147-4

147-4 of the Zoning Law of the Town of Liberty is hereby amended by replacing the existing definitions set forth therein with the following definitions:

	Accessory Structure	A subordinate structure or building customarily incidental to, and located on the same lot occupied by the main structure or building. The term "accessory building" may include a private garage, garden shed or barn, private playhouse, private greenhouse, private swimming pool, as hereinafter provided. Where any part of the wall of an accessory building is part of the wall of a main building, or where the accessory building is attached to the main building by a roof, including carports however covered, such accessory building shall be deemed part of the main building.
	Adult Stores	Use of a building or land for a business which has obscene materials as a significant portion of its stock-in-trade or which involves the sale, lease, trade, gift or display of drug paraphernalia. Obscene materials include any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes, in a patently offensive manner, sexual conduct and which, taken as a whole, does not have serious literary, artistic, political or scientific value. Drug paraphernalia includes any objects, devices, instruments, apparatus or contrivances whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under the new York State statutes.
	Agriculture	Any processing facilities, on-farm buildings, manure processing and handling, and practices that contribute to the production, preparation or selling of crops, livestock, and wood products, including commercial horse boarding operations and compost, mulch or other biomass operations. Agriculture is an activity that produces food, fiber, animal products, wood products, and other goods and services from the land including but not limited to maple syrup, bee products, and Christmas trees.
	Agri-business	Business activities utilizing 50% or more of product grown and/or produced on the property: U-picks, CSAs, expanded road stands, corn mazes, hay rides, pumpkin patches, seasonal events, school programs, weddings and parties, farm markets, dairy barns, bakeries, farm stores and restaurants, bed and breakfasts, farm stays; farm support businesses such as slaughterhouse, community kitchen; and farm-compatible businesses. Farm distilleries and farm vineries.
	Agri-tourism	Activities conducted by a farmer on-farm for the enjoyment or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public’s understanding and awareness of farming and farm life. Agri-tourism activities include, but are not limited to on-farm bed and breakfasts, farm stay programs, u-pick operations, and pumpkin patches.
	Alteration	A change, enlargement or re-arrangement in the structural parts of a structure, land or building use; whether by extending on a side or by increasing in height; or moving from one location or position to another.
	Animal Hospital	A facility for the medical or surgical care and treatment of animals, including shelters and like facilities, other than animal kennels as described herein.
	Auto Body Shop	Any shop or garage, other than a private garage, available to the public, operated for gain and where bodywork and painting are performed.
	Automobile Service Station	A building or place of business where repair service is the primary business use, and where gasoline, oil and greases, batteries, tires and automobile accessories may be supplied and dispensed directly to the motor vehicle, at retail.
	Basement	That portion of a building that is partly or completely below grade plane (see ‘story above grade plane’ in Section 202). A basement shall be considered as a story above grade plane where the finished surface on the floor above the basement is: 1. More than 6 feet (1829 mm) above grade plane; 2. More than 6 feet (1820 mm) above the finished ground level for more than 50 percent of the total building perimeter; or 3. More than 12 feet (3658 mm) above the finished ground level at any point; or whatever the applicable and current definition in the NYS Building Code may prescribe.
	Bed & Breakfast	A dwelling in which overnight accommodations not exceeding eight bedrooms and breakfast are provided for transient guests for compensation. A bed-and-breakfast must be the primary residence of the owner/proprietor; or whatever the applicable and current definition in the NYS Department of Health regulations may be.
	Boarding or Tourist Home	Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with meals normally but not necessarily included as a part of the services rendered; or whatever the applicable and current definition in the NYS Department of Health regulations may be.
	Buffer Area	The ground area of a lot which shall be left in its natural state or planted, as may be required by code and/or district regulations or the Planning Board in connection with site plan review.
	Building	Any structure, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials, including any combination of materials forming any construction. The term ‘building’ shall include the term ‘structure’ , as well as the following: - Signs - Walls and retaining walls - Radio, television and microwave antennas, except for such antennas installed on the roof of a ‘building’ and extending not more than ten (10) feet above the highest level of the roof of such ‘building’ - Pergolas, porches, decks, outdoor bins and other similar structures - Fixed awnings - Swimming pools - Transmission towers - A structure requiring a subsurface support or base, such as a footing or sleeve for a flagpole or sign.
	Building Coverage	The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot
	Building Height	The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, with exceptions for certain uses as provided herein.
	Building, Principal	A structure in which the principal use of the site on which it is situated is conducted. In any residential district any dwelling shall be deemed to be a ‘principal building’ on the district on which the same is located.
	Building, Setback-Line	A line parallel to the street line at a distance there from equal to the depth of the front yard required for the zoning district in which the lot is located.
	Bungalow Colony	See: Multiple Dwellings
	CAFO	Concentrated Animal Feeding Operation
	CAFO, Large	Animal Feeding Operation that stables or confines as many as or more than the numbers of animals specified in any of the following categories: a. 700 mature dairy cows, whether milked or dry b. 1,000 veal calves c. 1,000 cattle, other than mature dairy cows or veal calves. Cattle includes, but is not limited to heifers, steers, bulls and cow/calf pairs. d. 2,500 swine, each weighing 55 pounds or more e. 10,000 swine, each weighing less than 55 pounds f. 500 horses g. 10,000 sheep or lambs h. 55,000 turkeys i. 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system j. 125,000 chicken, other than laying hens, if the AFO uses other than a liquid manure handling system k. 82,000 laying hens, if the AFO uses other than a liquid manure handling system l. 30,000 ducks, if the AFO uses other than a liquid manure handling system m. 5,000 ducks, if the AFO uses a liquid manure handling system
	CAFO, Medium	Animal Feeding Operation that stables or confines the type and number of animals that fall within any of the following ranges: a. 200-699 mature dairy cows, whether milked or dry b. 300-999 veal calves c. 300-999 cattle, other than mature dairy cows or veal calves. Cattle includes, but is not limited to, heifers, steers, bulls and cow/calf pairs. d. 750-2499 swine, each weighing 55 pounds or more e. 3,000-9,999 swine, each weighing less than 55 pounds f. 150-499 horses g. 3,000-9,999 sheep or lambs h. 16,500-54,999 turkeys i. 9,000-29,999 laying hens or broilers, if the AFO uses a liquid manure handling system j. 37,500-124,999 chicken, other than laying hens, if the AFO uses other than a liquid manure handling system k. 25,000-81,999 laying hens, if the AFO uses other than a liquid manure handling system l. 10,000-29,999 ducks, if the AFO uses other than a liquid manure handling system m. 1,500-4,999 ducks, if the AFO uses a liquid manure handling system
	CAFO, Small	Animal Feeding Operation that is designated by the Department of Environmental Conservation as a CAFO or requests CAFO permit coverage and is not a medium or large CAFO. Small CAFOs must meet all of the medium CAFO regulatory requirements of this General Permit
	Camp, Hunting & Fishing	Recreational camps with year-round intermittent occupancy, dedicated to the pursuit of hunting and fishing activities
	Camp, School	A Summer Camp to conduct predominately educational activities
	Camp, Summer	An educational or recreational facility with dwelling structures where organized programs are conducted primarily for youth, and where occupancy is limited to the months between May and September
	Campground (Recreational Vehicle Park)	The development of a lot, tract or parcel of land for the purpose, whether immediate or future, of lease, rent, sale or transfer of ownership, for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes, or tents for transient use.
	Cemetery	A place used for burials, whether in the ground or in mausoleums, provided that no new cemetery shall result in in-ground burials within a 100 year floodplain area or the construction of any mausoleum structure of greater than five hundred (500) square feet in size any closer than one hundred (100) feet from the perimeter of the cemetery.
	Cluster Development	Developments which provide for single-family dwelling units and permitted accessory uses, wherein dwelling units are grouped in sections in order to maximize the amount of common space and to preserve the natural setting.
	Code Enforcement Officer	The person charge by the Town Board with responsibility for administration and enforcement of this Law.
	Commercial Recreational Facility	An indoor or outdoor privately run business involving playing fields, courts, arenas or halls designed to accommodate sports and recreational activities, such as but not limited to billiards, bowling, dance halls, gymnasiums, health spas, skating rinks, indoor or outdoor shooting ranges, tennis courts, swimming pools, team sports and golf courses.
	Conservation Easement	A conservation easement is a voluntary but legally binding agreement between a landowner and a land trust to preserve all - or some - of a property’s natural values. The easement states how the owner will protect these values. Usually the land owner gives up substantial development rights, but retains title to the land. The owner continues to live on the land and use it, and he can sell it, or pass it to heirs. Subsequent owners are also bound by the terms of the easement.
	Conservation Subdivision	See: Cluster Development
	Contractor, Commercial	Any contracting business outside the definition of a Single Contractor
	Contractor, Single	Small, 1-person and owner-operated business suitable for location within residential zone districts (R1 and R2). Such business must not exceed a minor physical presence in the district and must not change the character of the zoning district with its equipment, vehicles, and/or storage buildings. Generally, this means 1 commercial vehicle, 1 storage building for equipment and tools without any production or manufacturing activity, and no outdoor/visible storage of business equipment.
	Convenience Retail Establishment	A retail store or personal service shop, of 2,000 square feet or less in size (excluding the canopy over any gas pumps), with or without the sale of gasoline, and designed primarily to accommodate the needs of the immediate surrounding area, but excluding vehicle and equipment sales
	Curb Cut	A small ramp built into the curb of a sidewalk to ease passage to the street, especially for bicyclists, pedestrians with baby carriages, and physically disabled people.
	Day Care Center, Adult	A non-residential facility which meets New York State requirements for certification intended to provide daily assistance and/or supervision to handicapped adults, the elderly or adults otherwise requiring assistance to perform activities associated with daily living.
	Day Care Center, Child	A non-residential facility intended to provide the daytime care and supervision of children for a period exceeding three (3) hours and which meets New York State requirements for certification
	Dwelling, Multiple	A building, or portion thereof, containing more than two (2) dwelling units including apartment buildings, condominium units, mid-rise (3-6 stories) dwelling projects, garden apartments, single family residential conversions, row-houses, and townhouses.
	Dwelling, Two-family	A structure containing two (2) dwelling units
	Dwelling unit	A building or entirely self-contained portion thereof, containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other ‘dwelling unit’. A boarding or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home, recreational vehicle or other similar structures or vehicles shall not be deemed to constitute a ‘dwelling unit’.
	Dwelling, One-family	A detached building designed or occupied exclusively by one family and having two side yards, with at least 960 square feet of living area, erected on a permanent foundation, with/without basement, and equipped for year-round occupancy.
	Dwelling, owner-occupied second-story	A dwelling unit located above a commercial space and occupied by the owner or commercial occupant of the building or, in the case of a condominium dwelling unit above a commercial space, the owner of such a condominium dwelling units.
	Dry-Cleaning, Laundry Plant	Any dry-cleaning and/or laundry operations without on-site retail and with more than a combined total of 5,000 sq ft floor space.
	Eating and Dining Places	An eating place is a place where food is prepared and intended for individual portion service and includes the site at which the individual portions are provided, whether consumption occurs on or off the premises. The term excludes food processing establishments, retail food stores, private homes where food is prepared or served for family consumption, and food service operations where a distinct group mutually provides, prepares, serves and consumes the food such as a "covered-dish supper" limited to a congregation, club or fraternal organization.
	Electronic Reception Devices	Any exterior device designed to receive electronic signals, including satellite dishes, television antennas and similar devices
	Essential Services	See Services, Essential
	Farm	Any location where agriculture activities take place.
	Farm Accessory Use or Structure	A use or structure located on a farm that is clearly incidental and subordinate to the principal activity of agriculture located on the same lot and in the same ownership.
	Farm, Dairy	Farm producing primarily dairy products
	Farmer	Any person, organization, entity, association, partnership, limited liability company, or corporation engaged in agriculture, whether for profit or otherwise, including the cultivation of land, the raising of crops, or the raising of livestock.
	Farm, Livestock	Farm with primary purpose to raise livestock to be processed for the production of farm products
	Farm, Poultry	Farm with poultry as primary marketable output
	Farm Stand	A structure whose principal use is the seasonal display and sale of agricultural products grown on the premises. A farm stand may also include a movable wagon or platform pulled by a truck or tractor and placed in proximity to a roadway to attract potential customers.
	Floating District	A floating district is a zoning district that is added to the zoning law but that “floats” until an application is made to apply the new district to a certain parcel. Upon the approval of the application, the zoning map is amended to apply the floating district to that parcel of land.
	Garage, Private	An enclosed space for the storage of one (1) or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one (1) car is leased to a non-resident of the premises. Garage space is not classed as living area when part of a dwelling. Detached garages for residences are accessory structures under the Town of Liberty Code.
	Gross Square Footage	The sum square footage of the area of all floors of a building as measured from the exterior walls, plus the area of any deck structures without roof.
	Habitable Space	Space occupied by one or more persons for living sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them and kitchenettes shall not be deemed to be habitable space.
	Health Institution	An establishment primarily engaged in providing services for human health maintenance or other temporary or permanent care including hospital facilities, nursing and adult homes, nursery schools, day care centers and medical clinics and offices.
	Home Occupation	Any use conducted entirely within a single-family dwelling or accessory building, and carried on by the inhabitants, which use is clearly incidental and secondary to the principal building and does not change its character.
	Horse Boarding Operation	A commercial horse boarding operation provides care, housing, health, related services and training to animals kept on the premises or on other properties owned or leased by the farm operation. Riding and training activities, not open to the general public, that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and uses for such activities, are part of the farm operation. Riding academies and horse racing operations are not deemed to be a horse boarding operation.
	Hotel	A Lodging Facility in which ingress and egress to and from all rooms are made through an inside lobby or office, supervised by a person in charge at all hours. See also: Lodging Facility
	Industrial Park	A tract of land providing for more than one (1) industrial use, as designated under ‘light industrial’, designed, maintained and operated as a unit in single ownership or control and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities, and screening.
	Inn	See: Lodging Facility
	Institutions	Charitable, universally accessible, non-profit or quasi-public uses including but not limited to places of worship, health facilities, schools, libraries, treatment center and the like.
	Institutions, religious	A church, synagogue, or other place of religious worship, as well as a monastery or other place of religious retreat.
	Intensive Poultry and Swine Operation	An animal feeding operation (AFO) as defined and regulated pursuant to ECL Section 17-0105(16) and is a CAFO.
	Junk Yard	An area of land, with or without buildings, used for the storage, outside a completely enclosed building of used and discarded materials, including but not limited to, waste paper, rags, metal, building materials, house furnishings, machines, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same (see Town of Liberty Junkyard Law, Chapter 51 of the Liberty Code)
	Kennel	Any enclosure, premises, building, structure, lot, or area, including kennels (as the word is commonly interpreted to mean), compounds and rescue or related facilities in which more than four (4) dogs or six (6) domesticated animals of at least six (6) month of age are kept, harbored or maintained for commercial or noncommercial purposes for continuous periods of seventy-two (72) hours or more.
	Light Industrial	Industrial uses such as manufacturing, processing and assemblage that are of a non-polluting nature, particularly in regard to reservoir and ground water resources, and in regard to ambient air quality, noise and light radiation.
	Lodging Facility	Any hotel, motel, inn, or other establishment providing sleeping accommodations for transient guests, with or without a dining room or restaurant, excluding bed-and-breakfast establishments
	Lot	A designated parcel, tract, or area of land occupied, established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
	Lot Area	The area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating the lot area.
	Lot Corner	A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The point of intersection of the street lot lines is the corner.
	Lot Coverage	The percentage of the plot or lot area covered by the building area and all impervious surfaces. Parking areas, regardless of how surfaced, shall be considered impervious.
	Lot Depth	The mean horizontal distance between the front and rear lot lines.
	Lot Flag	A lot located in such a position that it is to the rear of a lot fronting on the same street with or without a shared curb cut.
	Lot Lines	The property lines bounding the lot: *LOT LINE FRONT: The line separating the lot from the street right-of-way. The front lot line shall be established twenty-five (25) feet from the center line of the road where the right-of-way lines is unknown. LOT LINE REAR: The lot line opposite and most distant from the front lot line LOT LINE SIDE: Any lot line other than a front or rear lot line. LOT LINE STREET:* A lot line separating the lot from a street
	Lot Width	The distance between the two (2) side lot lines, measured at the edge of the highway right-of-way.
	Lot Nonconforming	Any district lot or combination of lots under single ownership at the date of adoption of this local law which does not conform to the minimum width, depth and area dimension specified for the district in which said lot is located.
	Lot of Record	Any lot which individually or as part of a subdivision has been recorded in the office of the County Clerk.
	Machinery	Farm, earth-moving and excavating equipment
	Mineral	Any naturally formed solid material of commercial value located on or below the surface of the earth. For purposes of this chapter, peat and top soil shall be considered “minerals”.
	Manufactured Home	Manufactured homes are built in a factory and installed on the home site. They must meet U.S. Department of Housing and Urban Development (HUD) construction requirements. If built before the 1976 HUD Code, they are commonly called mobile homes
	Mining	The extraction or removal of minerals from the ground for sale or exchange or for commercial, industrial or municipal use. The definition shall not apply to: A. The excavation or grading of an area necessary to prepare a site for construction in accordance with an approved building permit, site plan or subdivision plan, provided that the excavation takes place within the project site, does not involve the sale or exchange of mineral resources to off-site locations, and is an integral part of the involved project activities. B. Excavations or grading undertaken to enhance the agricultural use of lands or to provide for structures or other improvements that benefit or are necessary for on-going or imminent agricultural activities. This exemption applies only to excavations where the mineral removal and subsequent reclamation enhances the agricultural usability or productivity of the land.
	Mobile Home	See: manufactured home
	Mobile Home Lot	A designated site of specific total land area which is located within a mobile home park for the accommodation of one (1) mobile home and its occupants.
	Mobile Home Park	A parcel of land which has been planned and improved for the placement of three (3) or more mobile homes which are used as dwellings and for occupancy of more than ninety (90) consecutive days.
	Mobile Home Stand	A durable surface located on a mobile home lot which is capable of supporting and is used for the placement of a mobile home.
	Modular Home	A modular home is constructed of pre-made parts and unit modules. A complete kitchen and bath may be pre-set in the house. Wall panels, trusses, and other pre-fabricated house parts are transported on a flatbed truck from the factory to the building site. You may even see an entire half-house moving along the highway. At the building site, these house sections are lifted onto the foundation where they are permanently anchored. Unlike manufactured homes, modular homes must conform to the building codes for the locations where they are erected. Some housing subdivisions prohibit modular homes
	Motel	A Lodging Facility with individual entrances, from outside the building, to serve each guest unit. The term ‘motel’ includes buildings designated as tourist courts, motor lodges, auto courts and similar appellations, but does not include boardinghouses. See also: Lodging Facility
	Natural Resource and Extraction Processing Operations	Definition to come from Farmland Protection Committee
	Non-habitable space	See: habitable space.
	Nursery	A place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting.
	Nursery School	Any private school, accredited by the Education Department of the State of New York, designed to provide daytime care and instruction for not more than seventy-five (75) children from two (2) to six (6) years of age, inclusive.
	Office, Business and Professional	A place or establishment used for the organizational or administrative aspects of a trade, or used in the conduct of a profession or business, and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices or salesmen/women, sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, accountants, real estate brokers and persons with similar occupations.
	Off-site (Central) Water and Sewer	A sewage system or water supply system designed to serve more than one dwelling unit or building, whether such system(s) are publicly or privately provided.
	On-farm meat processing	A structure for the slaughter and processing of animals and fowl for food as per NYS Agriculture and Markets Law 5-A.
	On-site Water and Sewer	A sewage disposal or water supply system service one single family dwelling only.
	Open Space	Land left in a natural state for conservation and agricultural purposes or for scenic purposes, devoted to the preservation of distinctive ecological, physical, visual, architectural, historic, geologic or botanic sites. It shall also mean land left in a natural state and devoted to active or passive recreation. The term shall not include that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure except agricultural buildings
	Open Space, usable	An unenclosed portion of a lot that is not devoted to driveways or parking spaces and generally free of structures of any kind except for permitted accessory uses.
	Outdoor Storage Area	Land used for keeping of goods, wares, equipment, or supplies outside of a structure.
	Overlay District	Overlay districts are imposed over existing zoning districts and contain provisions that are applicable in addition to those contained in the zoning law.
	Permitted Use	A specific main use of a building, structure, lot or land, or part thereof, which this Law provides for in a particular district as a matter of right. Any use which is not listed as a Permitted, Special Use or Accessory Use shall be considered a Prohibited Use.
	Personal Services	See Services, Personal
	Pet, Household	A small animal (generally under 150 lbs.) that is customarily kept for company or enjoyment and one that may be properly and safely kept within a dwelling unit or yard, unless otherwise regulated. “Household Pets” shall include dogs, cats, pet rabbits, domestic tropical birds, rodents (gerbils, hamsters and guinea pigs) and reptiles and amphibians.
	Planned Unit Development	An area of a minimum contiguous size, as specified herein, to be planned and developed as a single entity containing one or more residential clusters and appropriate other permitted uses intended to complement the residential development to create a functionally integrated community.
	Property Owners Association (POA)	A community or homeowner’s association which is organized in a development in which individual owners or members share common interests in open space of facilities. A POA typically holds title to certain common property, enforces covenants and restrictions, and manages various aspects of the development. For purposes of this Chapter, the term shall include time-sharing agreements, cooperative agreements, condominiums and similar vehicles of common ownership with approval, where required, from the New York State Attorney General’s Office.
	Public Buildings and Uses	Structures and uses operated by governmental agency (whether municipal, county, regional, state or federal) in the proper exercise of their jurisdiction
	Recreational Vehicle / Motor Home	A vehicle used for personal pleasure or personal travel and not in connection with any commercial endeavor. This definition includes, but is not limited to campers, travel trailers, buses, camping trailers, pick-up trucks with slide-in campers, recreational vehicle homes and motor homes.
	Recreational Vehicle Park	See: Campground
	Research, Design and Development Laboratory	A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and wherein there is no outside display of any materials or products.
	Restaurant	See: Eating Place
	Restaurants, Fast Food	A business enterprise primarily engaged in the sale of quickly prepared food and beverages, selected by patrons from a limited line of prepared specialized items such as hamburgers, chicken, pizza, taco, ice cream and hot dogs, for take-out and/or on-premises consumption (in the latter case, where orders are placed at a counter as opposed to table service via wait staff, in a facility where the floor area available for dining is less than one-half (1/2) of the gross floor area, and a major portion of the sales to the public is a drive-in or stand-up type counter. The term “Fast Food Restaurant” shall not include bakeries, delicatessen, or similar types of retail establishments. See also: Restaurant
	Retail and Service Establishments	Stores and shops where goods and services are sold primarily at retail. Such sales are primarily made to the consumer and include, but are not limited to, goods such as food and beverages; florists; shoes and clothing; hardware, paint and wallpaper; carpeting; hobby and crafts; books; furniture; antiques; art supplies; music and musical instruments; pharmacies; jewelry; photographic supplies; pets; gifts; stationery; sporting goods; fabrics; optical goods; launderette/Laundromat and appliances; but excluding lumber yards, restaurants, and fast-food restaurants. Outside storage or display of goods for such is permitted only with site plan review by the Planning Board.
	Retail Outlet for On-site Industrial Use	An accessory retail use located within and as part of an industrial use where the bulk of the retail goods are manufactured on-site and the retail use is limited to 10% of the total floor area or 4,000 square feet or less.
	Riding Stable and Academy	A commercial establishment that offers riding lessons to the general public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.
	School, Private	An institution, not owned by a public agency, which offers to its students formal education and is chartered by the Board of Regents of the University of the State of New York
	School, Public	An institution under the jurisdiction of a school district or other public agency and legally constituted by the State of New York to offer free formal education to residents of the district.
	Screening	The blocking, shielding or concealment of views, vistas and noise through a proper and well designed scheme of planting trees, shrubs, hedges and vines or the installation of a fence approved by the Planning Board.
	Senior Care Facility	A single- or multi-family dwelling, restricted to occupancy by persons of sixty-two years of age or older, where such residents are supported in the activities of daily living by trained staff.
	Services, Essential	The construction and maintenance of underground, surface or overhead electrical, gas, telephone, cable, water and sewage collection systems, and wireless communication for the support of emergency services, along with normal accessory activities.
	Services, Personal	An establishment primarily engaged in providing services involving the care of a personal or personal apparel, such as a beauty parlor, barber shop, health and fitness center, tailor, or custom cleaning services
	Shed	A small storage building with less than 140 square feet floor space
	Shopping Center	A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements. All shopping centers are subject to special use/site plan review procedures and shall meet the requirements of the Town of Liberty Zoning Law Article VI (147-20) F.
	Sign	Any billboard, signboard, inscription, pennant, or other material, structure, exterior painting, or device composed of lettered or pictorial material that is intended for outdoor viewing by the general public (including inside a window) and used as an advertisement, announcement, or direction.
	Sign Area	The total area of each side of a sign within which all written and graphic material is contained
	Sign, Commercial	A sign advertising a product, use, service, or activity sold or conducted for private financial gain
	Sign, Freestanding	A sign and sign support structure not attached to or part of a building
	Sign, Illuminated	A sign lighted by electricity, gas, or other artificial light, including reflective or phosphorescent light, paint, or tape.
	Sign, Interior	A sign located within the exterior walls of a building which is readily readable from outside the building through a window, door, or other opening.
	Sign, Internally Illuminated	An illuminated sign that is made of translucent material with internal artificial lighting.
	Sign, Projecting	Any sign which extends from the exterior of any building more than nine inches.
	Site Plan	The development for one or more lots in on which is shown the existing and proposed conditions of the lot including topography, vegetation, drainage, floodplains, marches and waterways, open spaces, walkways, means of ingress and egress, utility service, landscaping, structures and signs, lighting and screening devices, and other information that reasonably may be required in order that an informed decision can be made by the approving authority.
	Site Plan Review	The process provided for in Section 274(a) of the Town Law whereby the Town of Liberty Planning Board reviews and approves, disapproves or approves with conditions the establishment and certain uses and site plans connected therewith.
	Special Use	A special permit use subject to Planning Board approval pursuant to Section 274 (a) of the New York State Town Law and permitted in a particular zoning district only on showing that such use in a specified location will comply with all conditions and standards for the location or operation of such use as may be reasonably imposed according to the requirements of this Law.
	Stable, Commercial	The use of land or of a building for the keeping of horses for hire, remuneration or sale, including riding academies. Any stable involving the keeping of more than five (5) horses shall be considered commercial whether operated for profit or not.
	Storage Container	A place to put belongings both for personal and business. A shipping container will only be considered for business.
	Street	Any vehicular way improved to the standards of the Town of Liberty; shown on the official map of the Town of Liberty; existing as a Village, Town, County or State highway; shown on an approved subdivision plat; or a street shown on a plat filed with the County Clerk prior to the Planning Board’s authorization to review subdivisions.
	Street Line	The dividing line between a lot and a street right of way.
	Structure	That which is built or constructed
	Swimming Pool	Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610mm) deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.
	Temporary Residence	Non-permanent residence of less than 5 months consecutive or 180 days intermittent residence per year.
	Tree Farm	A privately owned forest dedicated to producing renewable and sustainable crops of forest products while protecting the soil, water, range, aesthetic, recreation, wood, fish and wildlife resources. A Certified Tree Farm must maintain standards set by the American Forest Foundation and is decertified if it fails to continue to meet the standards.
	Truck Terminal	An area or building where cargo is stored and where trucks load and unload cargo on a regular basis with or without truck maintenance and repair facilities.
	Use, mixed	A building or structure containing two or more uses as regulated within the NYS Building Code, none of which are primary uses and none of which are subordinate to the other. Residential structures containing home occupations are not ‘mixed uses’.
	Vehicle	Any device on wheels, treads or runners, self-propelled or towed, including but not limited to automobiles, trucks, motorcycles, trailers of all types, All-Terrain-Vehicles (ATVs) and snowmobiles.
	Vehicle and Equipment Sales	A building and/or area arranged, intended or designed to be used for the rental, lease, sale and/or resale of motor vehicles, new or used; boats or trailers; or other equipment. A selection of motor vehicles, boats or trailers or other equipment may be displayed within a totally enclosed building but still others may require an outdoor area for their storage.
	Veterinary Clinic	See: Animal Hospital
	Warehouse	A building, or part of a building, for storing of goods, wares, and merchandise whether for the owner or for others, and whether it is a public or private warehouse.
	Warehouse, Mini	A structure or group of structures for the dead storage of customers’ goods and wares where individual stalls or lockers are rented out to different tenants for storage and where one (1) or more stalls of lockers have less than five hundred (500) square feet of floor area.
	Wildlife Preserve	A protected area of importance for wildlife, flora, fauna or features of geological or other special interest, which is reserved and managed for conservation and to provide special opportunities for study and research. Wildlife Preserves may only contain buildings, structures and roadways directly related to its purpose.
	Worship, Place of	A structure used for religious observances, such as churches and synagogues.
	Yard	Any open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein provided.
	Yard, Front	An open space extending the full width of a lot, which lies between the required front setback line and the front lot line, unoccupied and unobstructed from the ground upward.
	Yard, Rear	An open space extending the full width of a lot, which lies between the required rear setback line and the rear lot line, unoccupied and unobstructed from the ground upward.
	Yard, Side	An open space extending the full width of a lot, which lies between the required side setback line and the nearest side lot line, unoccupied and unobstructed.

As of April 11, 2011

TOWN OF LIBERTY

ZONING LAW

Chapter 147

ARTICLE III

Establishment of Zoning Districts and Zoning Map

Amendment of (147-5)

(147-5) of the Zoning Law of the Town of Liberty is hereby amended to read as follows:

(147-5) Enumeration of Districts.

The Town of Liberty is hereby divided into the following types of districts.

AC - Agricultural/Conservation

RD - Rural Development

R-1 - Low Density Residential

R-2 - High Density Residential

DCC - Downtown Commercial Core

SC - Service Commercial

IC - Industrial Commercial

PUD - Planned Unit Development

FP - Floodplain

As of April 11, 2011

(147-6) Amendment of (147-6)

(147-6) of the Zoning Law of the Town of Liberty is hereby amended to read as follows:

“The location and boundaries of the aforesaid districts (with the exceptions of the PUD District, which may be established upon application pursuant to the provisions of this chapter, and the FP District, which is an Overlay Zone depicted separately on maps provided by the Federal Emergency Management Agency) are hereby established as shown on the official Zoning Map of the Town of Liberty as amended this date or hereafter, which is attached hereto and made a part hereof.”

Amendment of Zoning Map.

The official Zoning Map of the Town of Liberty referred to in existing (147-6) of the Zoning Law and in Subdivision C of Section 1 of this local law is hereby amended such that the location and boundaries of the zoning districts shall be as appears on the annexed Town of Liberty Proposed Zoning Map draft dated as of June 10, 2010 which is incorporated herein by reference.

As of April 11, 2011

(147-7) - Interpretation of boundaries

A. Designation of district boundaries – The district boundary lines are intended generally to follow the center lines of rights-of-way, existing lot lines, the center line of streams and other waterways of town boundary lines, all as shown on said Zoning Map. Where a district boundary line does not follow such a line, its position is typically shown on said Zoning Map by a specific dimension expressing its distance in feet from a street center line or other boundary line as indicated. Where no dimensions are given, the Code Enforcement Officer shall scale the dimension.

B. Determination of locations of boundaries – Where the true location of a district boundary line is uncertain, the Code Enforcement Officer shall request the Zoning Board of Appeals to determine such location.

TOWN OF LIBERTY

ZONING LAW

Chapter 147

ARTICLE IV

District Regulations

(147-8) Amendment of Schedule of District Regulations Referenced in (147-8).

The existing Schedule of District Regulations referenced in (147-8) of the Zoning Law of the Town of Liberty and attached thereto is hereby amended to read as follows:

As of April 11, 2011

(147-9) - Application of regulations

Except as hereinafter otherwise provided:

A. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be divided, designed, used or intended to be used for any purpose or in any manner other than as permitted in the district in which such building or land is located.

B. No building shall be erected, no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot and building regulations hereinafter designated for the district in which such building is located.

C. No yard or other open space provided around any building for the purpose of complying with the provisions of this Law shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

ARTICLE V

Supplementary Regulations For Buildings and Lots

(147-10) - Lot Regulations

A. Lot dimensions - The depth of new lots shall not exceed a ratio of 6:1 to lot width unless not more than three such lots are created or lot width is two or more times the minimum required for the District. The width of new lots fronting on cul-de-sacs may be reduced to seventy-five (75) feet at the front lot line provided the width at the building setback line meets the lot width requirements contained on the Schedule of District Regulations. (See Section 4.917 of the Town of Liberty Subdivision Regulation for exception to street improvement requirements in the case of accesses to rear lots which might be required to comply with the above regulations.)

B. Corner lots

(1) Clear sight triangles of 75 feet depth, on each side, from the intersection of street centerlines shall be maintained on all corner lots. Nothing shall be erected or allowed to grow above a height of three (3) feet within the area. Public signs, utility poles and trees whose branches are trimmed to a height of ten (10) feet are exempt from this provision.

(2) Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards.

C. Erection of more than one principal structure – In a District, more than one structure or building housing a permitted principal use may be erected on a single lot or parcel of land, provided that area, yard and other requirements of this Law shall be met for each structure or building as though it were on an individual lot.

D. Required area or space cannot be reduced – The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Law, except as provided herein.

(147-11) - Height regulations

A. General application – No building or structure shall have a greater height than is permitted in the district where such building or structure is located, except as noted below.

B. Permitted exceptions to height regulations – Chimneys, cooling towers, cupolas, silos, fire towers, steeples, water towers, spires, communications towers or necessary mechanical appurtenances may exceed normal height limits provided that no tower, other than a church spire or farm silo shall exceed the height regulations by more than forty percent (40%). No tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device other than one identifying the manufacturer of the structure or the geographic location shall be inscribed upon or attached to a chimney, tower, tank or other structure which extends above the height requirement.

(147-12) - Yard regulations

Every part of a required yard must be unobstructed except for plantings, accessory buildings in a rear or side yard and ordinary projections of open porches, balconies, steps, sills, cornices, ornamental features projecting not more than twelve (12) inches and covered in-ground facilities such as septic systems.

A. Permitted obstructions - Fences or walls not over six and one-half (6 ½) feet in height may be erected anywhere on the lot, except within clear-sight triangles. Fence or walls with a height in excess of six and one-half feet shall conform to the requirements set forth herein for buildings. Paved areas (other than such as are needed for access to the buildings on the lot) shall not project within fifteen (15) feet of a street line or four (4) feet of a lot line.

B. Front yards on narrow streets – On streets with less than fifty (50) foot right-of-way, the front yard requirement shall be measured from the center line of the existing roadway and twenty-five (25) feet shall be added to the front yard requirement.

C. Side yards - Side yard width may be varied. Where the side wall of a building is not parallel with the side lot lien or is broken or otherwise irregular, the side yard may be varied. In such cases, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point than one-half (1/2) the otherwise required minimum width.

(147-13) - Maximum building coverage

Land coverage by principal or accessory buildings or structures on each zone lot shall not be greater than is permitted in the district where such buildings are located. Land cleared for purposes of building shall be improved landscaped or otherwise protected from erosion. Other clearing activities are not regulated by this Chapter.

(147-14) - Accessory structure

A Minimum yard regulations –

(1) Unattached accessory structures accessory structures in RH, RD, and RS Districts – Accessory structures which are not attached to a principal structure shall; (a) occupy not more than thirty percent (30%) of a required rear or side yard; and, (b) not be located within ten (10) feet of side or rear lot lines or in any required portion of a front yard.

(2) Attached accessory structures in RH, RD, and RS Districts – When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this Chapter applicable to the principal building.

(3) Accessory structures in other than RH, RD, and RS Districts - - Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall not be closer to any rear property line than ten (10 ) feet.

B Structural Requirements - No new structure or structural change to an existing building shall be permitted which does not conform with the New York State Building Code and retired school buses, vans, railroad cars, recreational vehicles or similar vehicles or equipment shall not, under any circumstances, be permitted as principal or accessory structures for any use. Tractor-trailer vans or containers may be used for temporary storage in SC and IC districts provided the same are maintained in good repair, remain removable and meet all requirements applicable to accessory structures. All residential structures of any type, including but not limited to single-family dwellings, multiple dwellings, bungalows and mobile homes shall be placed on and tied to a concrete pad or a poured cement or black perimeter foundation of materials meeting specifications of the New York State Building Code.

C Permit requirements - Accessory buildings of less than 100 square feet in size shall not require permits. All other buildings and structures, including signs of more than 10 square feet and unattached electronic reception devices of more than 25 feet in height or with more than 12 square feet of surface area, shall require permits. All accessory buildings and structures, however, regardless of size, shall be located at least 10 (10) feet from side and rear lot lines. (Also see Section (147-38)-C.)

TOWN OF LIBERTY

ZONING LAW

Chapter 147

ARTICLE VI

Supplementary Regulations Pertaining to Certain Uses

(147-15) - Amusement, recreation and social areas

A Amusement centers, bowling alleys, and similar places of activities (including concert locations, temporary or otherwise) shall be subject to the following requirements.

(1) The use or activity shall be conducted entirely within an enclosed structure or separated from adjoining residences by no less than five-hundred (500) feet of wooded area.

(2) Off-street parking areas shall be screened from adjoining residential properties with a solid wood fence, wall, or planting strip of dense nursery materials no less than six (6) feet in height.

(3) A principal structure shall be not less than one hundred (100) feet from any property line within an RS District or an entrance or exit of any public or semi-public institutions.

(4) All amusements shall supply evidence in advance of ability to comply with commercial and manufacturing performance standards contained herein and the Code Enforcement Officer may in the instance of temporary permits, require financial guarantees of performance.

B Annual membership clubs

(1) Annual membership clubs catering exclusively to members and their guests, or other recreational facilities open to the public and accessory playgrounds, swimming pools, tennis courts and recreation buildings where permitted shall not include:

(a) Outdoor entertainment, live or mechanical.

(b) The use of outdoor public-address systems for any purpose.

(2) No building shall be erected nearer than one hundred (100) feet to any street or property line.

C Resort establishments, including summer camps, motels and hotels shall be subject to the following requirements.

(1) A site to be used for a motel or resort establishment shall include an office and lobby. A hotel may include accessory uses as follows: a restaurant, coffee shop and cafeteria providing food and drink, amusement and sport facilities such as a swimming pool, children’s playground, tennis or other game courts; and game or recreation rooms.

(2) All principal and accessory buildings and structures shall cover a total of not more than thirty-five percent (35%) of the site.

(3) Dormitory units shall not be interconnected by interior doors in groups of more than two (2) units. The total interior floor of each dormitory unit, inclusive of bathroom and closet space, shall not be less than two hundred fifty (250) square feet. Distance between buildings shall not be less than twenty-five (25) feet, except that this distance may be reduced to twenty (20) feet or a distance equal to the height of the taller building, whichever is greater, where no driveway passes between buildings.

(4) Unless the use is subject to site plan review by the Planning Board, a detailed plan for the proposed development of the site and facilities shall be submitted to and approved by the Code Enforcement Officer before the issuance of any building permit. This plan shall identify the location and size of existing trees, all other landscaping proposed, the architectural style, general design, colors and materials to be used on exterior surfaces and detailed plans for any signs, as well as any other information, elevation or perspectives which will enable the Code Enforcement Officer to determine conformity with the foregoing standards.

D Recreational vehicles, RV parks and campgrounds – RV parks and campgrounds shall be subject to the provisions of Chapter 63 of this Code, the “Town of Liberty Campground and Recreational Vehicle Park Law.” Individual recreational vehicles may be stored on any lot subject to the following restrictions.

(1) No more than one (1) such vehicle may be stored on any lot (permitted sales lots excepted).

(2) The vehicle shall not be connected to any utilities, except on a temporary basis for purposes such as testing of equipment, cleaning and similar activities, and shall neither be used as additional residential, commercial or other space for business or living purposes nor as an independent dwelling or office.

(3) The vehicle shall not be parked in any front yard or within ten (10) feet of any property line.

E Swimming Pools – Swimming pools, whether above or below-ground, that are accessory to single-family dwellings shall not be located closer than ten (10) feet to any property line or within any front yard. Swimming pools accessory to more than one residential dwelling unit or to a non-residential use shall not be located closer than 50 feet to a property line, within 50 feet of a dwelling or within any front yard. All below-ground swimming pools having a depth of two (2) feet or more shall be completely enclosed with a wall, fence or other barrier at least four (4) feet in height and suitably equipped to prevent the accidental entry of children to the pool area.

(147-16) - Parking, Loading and Access Requirements

In all districts, in connection with every manufacturing business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected, off-street parking spaces open at no charge for employees’, residents’ and/or patrons’ automobiles in accordance with the requirements set forth herein:

(1) Size – Each off-street parking space shall have an area of not less than two hundred (200) square feet, exclusive of access drives or aisles, and shall measure ten by twenty (10X20) feet. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three (3) spaces.

(2) Number of parking spaces required – The number of off-street parking spaces required shall be as set forth in the Off-Street Parking Schedule below. In the case of any building, structure or premises the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the option of the Planning Board, shall apply.

OFF-STREET PARKING SCHEDULE

Use Parking Spaces Required

Churches and synagogues 1 for each 3.5 seats

Community buildings and 1 for each 200 sq. ft. of gross

social halls floor area or 1 for each 3.5

Seats, whichever is greater

Hotel, motel, boarding - 1 per sleeping room or dwelling

and rooming houses unit plus 1 per employee

Manufacturing plants, testing 1 per employee in the maximum

or research laboratories shift and not less than 1 per

200 sq. ft. floor area

Restaurants, bars, and 1 for each 50 sq ft of

night clubs patron space

Wholesale establishments 1 per employee in maximum

or warehouses shift and the total parking

area to be not less than 25%

of the building floor area

Offices, general 1 for each 200 sq. ft. of first

floor area and each 300 sq ft.

of floor area on second floor

and above

Doctor’s or dentist’s 8 for each doctor

Office

Schools 1 per 12 seats or students

Home Occupation or 3 spaces minimum plus 1 per

Professional office non-resident employee

Hospital, medical center 1 for each 3 beds

Single-family dwelling 2 spaces

Two-family or multiple 1 ½ for each dwelling unit

(3) Drainage and surfacing – All open parking areas shall be properly drained and all such areas shall be provided with a paved surface, except for parking spaces accessory to a one-family or two-family dwellings.

(4) Joint facilities – Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.

(5) Combined spaces – When any lot contains two (2) or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one (1) or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement.

(6) Fire lanes and handicapped parking – Fire lanes and handicapped parking spaces shall be provided as required by State and Federal regulations and a plan for the same and enforcement of the rules providing for their availability shall be approved by the Code Enforcement Officer.

(7) Commercial vehicles of more than 2.5 tons in size shall not be parked on any residential lot except for temporary purposes for servicing that particular residence.

B Off Street Loading

(1) General requirements – Adequate off-street loading and unloading berths shall be provided for any commercial, institutional, industrial or wholesale use. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these requirements and at least one such berth shall be provided for each lot. Additional berths may be required at the discretion of the Planning Board and/or Code Enforcement Officer.

(2) Size, location and access – Each required loading berth shall be at least twelve (12) feet wide, sixty-five (65) feet long and fourteen (14) feet high or uncovered. All permitted or required loading berths shall be on the same lot as the use to which they are necessary and shall not include any one area used to meet parking requirements.

(3) In no case where a building is erected, converted or enlarged for commercial, institutional, industrial or wholesale purposes shall the public rights-of-way be used for the loading or unloading of materials.

C Access requirements – Access to and from all off-street parking, loading and vehicle service areas along public right-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 line of any intersecting public street or highway where the sign distance in either direction would be less than three hundred (300) feet.

(2) There shall be no more than one entrance and one exit to any business or parking area on any one highway. 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 entrances and exits. In no case shall one entrance and exit be located within 60 feet of any other on the same property or adjoining property along the same public right-of-way. Non-conforming lots however, shall be exempt from this requirement.

(3) Any subdivision of property within a SC or IC District shall provide no more than one common entrance and one common exit on any public right-of-way. Interior access drives shall be provided for movement of traffic to the public right-of-way.

(4) No access drive to any non-residential use shall be less than fifty (50) feet in right-of-way width or twenty (20) feet in travelway width. Residential access drives may, consistent with Town of Liberty Subdivision Regulations be reduced to twenty-five (25) feet in right-of-way width and twelve (12) foot travelway provided the drive serves no more than two (2) single-family dwellings.

(147-17) - Signs

Signs may be erected and maintained only when in compliance with the following provisions:

A Signs in RS districts – The following types of non-illuminated, non-advertising signs are permitted in the RS District:

(1) Non-illuminated nameplates and identification signs not over two (2) square feet each in area.

(2) Sale or rental sign not over thirty-two (32) square feet in area.

(3) Development signs not over thirty-two (32) square feet in area.

B Signs in other districts – Business and advertising signs are permitted in other than RS districts in accordance with the following regulations:

(1) No sign shall be higher than the height limit in the district where such sign is located, or shall any sign be located upon the roof of any building.

(2) Not more than one (1) such sign for each tenant on the premises shall be permitted on each wall fronting on a street.

(3) The aggregate area in square feet of all signs on any wall shall be no greater than two (2) times the length in feet of such wall.

(4) Freestanding business signs shall be permitted as long as they comply with all yard and height requirements for the zone, and no more than one (1) shall be permitted on each lot.

(5) Signs shall not project more than eighteen (19) inches beyond the face of the wall on which applied nor any distance beyond or above the building in any other direction.

(6) Sign directories for the purpose of advertising three (3) or more businesses or trades shall be permitted providing the individual signs do not exceed two foot by six foot (2’x6’) in size.

C Billboards – Billboards or other advertising signs shall be permitted in the SC and IC Districts in accordance with the following regulations:

(1) Such signs shall be maintained in good repair and not exceed four hundred (400) square feet in size of copy area.

(2) Such signs are structures and shall comply with all yard and height regulations.

(3) No two (2) advertising signs shall be located within five hundred (500) feet of each other, unless back-to-back signs and the total amount of sign area for advertising signs or billboards shall not exceed one (1) square foot for each (2) lineal feet of lot frontage.

(4) Such signs shall meet all applicable Federal Highway Administration regulations.

D Prohibited signs – The following types of signs or artificial lighting are prohibited:

(1) Flashing or moving signs.

(2) Signs which compete for attention with or may be mistaken for a traffic signal.

(3) Signs on any roof or extending over any portion of the roof or parapet to which they are attached.

(147-18) – Commercial and manufacturing performance standards

Whenever a commercial or manufacturing use is proposed as a special use (including non-profit uses such as summer camps) the following performance standards shall apply and be an additional basis for review of the special use applications:

A Fire and explosive hazards – All activities involving, and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited.

Facilities involving the processing and/or storage of chemical and industrial wastes, including waste petroleum products shall be located no less than 300 feet from any property line and shall be considered special uses under this Ordinance. The Planning Board may, in consultation with a Professional Engineer, impose additional specific standards or conditions to ensure the safety for neighboring residents and property owners. National Fire Protection Association standards may be used as guidelines. Gasoline service stations and similar uses where quantities of less than 100 gallons of waste petroleum products are routinely accumulated and stored for short periods of time shall be exempt from these requirements. The relevant provisions of State and local laws include the New York State Billing Code regulations shall also apply.

B Radioactivity or electric disturbance – No activities shall be permitted which emit dangerous radioactivity, or electric disturbances adversely effecting the operation of any equipment other than that of the creator of such disturbance. All applicable Federal regulations shall be met.

C Noise – Compliance with the Town of Liberty Code shall be required.

D Vibration – No vibration shall be permitted which is detectable without instruments at the property line.

E Glare – No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the property line shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this Chapter.

F Smoke – No emission shall be permitted or visible grey smoke of a shade equal to or darker than No. 2 on the Power’s Mico-Ringlemann chart, published by McGraw-Hill Publishing Company, Inc. and copyrighted 1954.

G Odors – No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable, without instruments, at the property line of the lot from which they are emitted.

H Other forms of air pollution – No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution or other emissions shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property.

The Code Enforcement Officer shall ensure these standards are met or will be met prior to issuing a Certificate of Occupancy for the use.

(147-19) – Floodplain development

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 of the Town of Liberty (Community #360823) as issued and/or amended by the Federal Insurance Administration, or its successor agencies. This District shall be an overlay zone in which the normal provisions of the District indicated on the Official Zoning Map shall apply except that no development shall be permitted which is not completely in accord with the provisions of the Town of Liberty Floodplain Development Law as amended.

(147-20) – Miscellaneous Uses

The following uses are subject to special requirements as set forth below:

A Natural resource extraction and processing operations – Any person proposing to engage in a natural resource extraction or processing operation shall, concurrently with submission of plan and application to the New York State Department of Environmental Conservation, file copies with the Planning Board as part of its special use application and any Town approvals shall be conditional on State approval.

B Home occupations.

(1) Evidence of use – The owner of a home occupation shall not display or create outside the building any evidence of the business, except that one (1) non-illuminated identification design having an area of not more than four (4) square feet shall be permitted.

(2) Extent of use – The home occupation shall not utilize more than thirty percent (30%) of the gross floor area of the dwelling unit, except for foster family or day care.

(3) Permitted uses – Home occupations may include medical and dental offices, other professional offices, custom dressmaking, or tailoring, artist or musician studios, foster family care (for not more than four (4) children simultaneously), tutoring (for not more than five (5) students at a time) or other home occupations as may be defined and limited by the Planning Board subject to special use procedures.

(4) Non-residential employees – Non-residential employees shall not exceed three (3) persons.

C Conversions – Conversion of an existing structure from a one-family dwelling to a two-family or multiple dwelling where permitted (see Schedule of District Regulations) shall be subject to the following conditions:

(1) Such structure shall have contained on the effective date of this Chapter, one thousand (1000) square feet of livable floor area for the first dwelling unit plus six hundred (600) square feet of livable floor area for each additional dwelling unit created.

(2) The lot on which such structure is located shall contain a minimum of seven thousand five hundred (7500) square feet of lot area per dwelling unit.

(3) One and one-half (1 ½) off-street parking spaces shall be provided on said lot for each dwelling unit.

D Junkyards and vehicle dismantling and storage operations – Junkyards, where permitted, shall be subject to the provisions of the Town of Liberty Junkyard Law and special use/site plan review procedures shall be combined with operation requirements contained in such Law. This shall not, however, relieve operators of Junkyards from having to meet all other standards contained herein, including the commercial and manufacturing performance standards of Section (147-18).

E Automobile service stations.

(1) The minimum lot size for such service stations shall be thirty thousand (30,000) square feet and the minimum street frontage shall be two hundred (200) feet unless more stringent requirements shall apply to the District in question.

(2) Entrance and exit driveways shall have an unrestricted width of not less than twenty (20) feet nor more than twenty-five (25) feet, shall be located not nearer than fifteen (15) feet from any property line and shall be so laid out as to avoid the necessity of any vehicles leaving the property to back out across any public right-of-way or portion thereof.

(3) Vehicle lifts or pits, dismantled and disabled automobiles and all parts or supplies shall be located within a building enclosed on all sides.

(4) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

(5) The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than thirty-five (35) feet to any property line other than street lot line.

(6) No gasoline pumps shall be located nearer than fifteen (15) feet to any street lot line.

(7) No building permit shall be issued for a motor vehicle service station within a distance of two hundred (200) feet of any school, church, hospital or place of public assembly designed for the simultaneous use and occupancy by more than one hundred (100) persons, the said distance to be measured in straight line between the nearest points of each of the lots or premises regardless of the district where either premises is located.

F Shopping centers – All shopping centers shall meet the following requirements and be subject to special use/site plan review procedures:

(1) The minimum lot area shall be five (5) acres with a minimum lot width of three hundred (300) feet and a minimum depth of five hundred (500) feet.

(2) There shall be seven (7) paved parking spaces for each one thousand (1,000) square feet of floor area plus one (1) per employee, and such parking area shall be arranged with channelization, marking and landscaping for vehicular and pedestrian circulation, as approved by the Planning Board.

(3) There shall be no unenclosed storage of goods or equipment.

G Intensive use poultry and swine operations – Intensive use poultry and swine operations (10,000 or more poultry or 100 or more hogs) where permitted outside AC District or approved New York State Agricultural Districts shall be subject to following requirements:

(1) The minimum lot area for any new such use shall be fifty (50) acres plus one (1) acre for each five thousand (5,000) birds in excess of twenty-five thousand (25,000) where poultry are involved.

(2) Structures in which animals are kept or manure is stored (including pits and lagoons) shall be setback a minimum of 200 feet from property lines. Manure storage and disposal plans shall be evaluated by comparison to standards recommended by the New York State Cooperative Extension Service as well as those of the New York State Department of Environmental Conservation and such facilities shall be treated as special uses subjected to site plan review when a new principal structure or addition to an existing principal structure is proposed.

(3) No ventilating apparatus shall discharge from any side of a poultry house or barn facing a public road.

(4) The minimum setback from any side or rear lot line for any poultry house or barn wall containing ventilating apparatus shall be increased by 100 feet.

(5) The maximum building height for a poultry house shall be thirty (30) feet.

(6) Each site shall provide facilities of a minimum of three (3) months’ capacity for storage of organic fertilizer material. The construction of such storage facilities shall conform to the standards recommended by the Cornell University School of Agriculture for such use.

(7) The removal of manure shall be by a vehicle with a sealed storage container.

Chicken and meat processing plants shall be considered industrial enterprises and, where permitted, shall be subject to and provide documentation of compliance with all Federal and State standards applicable to such operation.

H Stables, riding academies and keeping of animals

(1) Private stables. A private stable is permissible as an accessory use to a single-family residence in any AC or RD zone district provided it will comply with the following provisions:

(a) The tract of land on which the house and stable are located is at least 2 ½ acres in size.

(b) No more than 2 horses are kept with the exception that 1 additional horse may be kept for each additional acre of land up to a total maximum of 5 horses.

(c) The building shall not exceed 400 square feet in size for 1-2 horse stables with an additional 200 square feet for each additional horse.

(d) No commercial breeding, hire or sale of horses shall be permitted from a private stable.

(e) All horses shall be restrained from grazing or intruding on an adjoining property and any fences erected for the same shall be at least 3 feet from the property line.

(f) No stable building shall be located within 100 feet of adjoining property line or public or private road.

These provisions are not applicable to commercial stables where permitted.

(2) Keeping of animals – The keeping of livestock and any other animals of a domestic or agricultural type, including but not limited to cows, steers, goats, sheep, swine, poultry and fur bearing animals shall not be permitted in any zone district other than AC or RD except where the tract in question is at least 10 acres in size and all animals and buildings are confined to an area not closer than 150 feet to an adjoining property line or public or private road. These restrictions shall not apply to the keeping of domestic animals in AC or RD districts or the keeping of household pets such as dogs, cats, birds, hamsters, etc.

No premises in any district shall be used or occupied, and no structures shall be erected or maintained for the harboring of any animals except those of a domestic, household or agricultural type as provided for above. Wild animals such as wolves, large cats, reptiles and other species not indigenous to the area shall not be kept in the Town of Liberty under any circumstances.

(3) Administration - A building permit or Certificate of Occupancy shall be required for the establishment of a private stable and applicants shall demonstrate the means by which they will comply with this Section. All residents shall comply with the restrictions and, if, upon investigation of a complaint, any person if found to be violating these provisions, that person shall be subject to the penalties and remedies provisions of this Chapter after being given a ten day period in which to eliminate the violation. Nothing herein, moreover, shall be construed to allow continuance of any nuisance or threat to health, safety and welfare that might be created by keeping of animals regardless of conformity with these provisions. Such nuisances are hereby prohibited and nothing herein shall limit the right of the Town to eliminate such nuisances or the right of adjoining property owners to pursue civil remedies.

(4) Commercial stables and riding academies – A commercial stable and/or riding academy shall not be established on less than ten (10) acres of land and shall require a Special Use permit. An additional one (1) acre of land shall be required for each horse in excess of five (5) and no stable building shall be erected within 150 feet of any property line.

I Landfills – All solid waste generated in conjunction with any use shall be disposed of in a New York approved sanitary landfill. Such landfills shall only be permitted in AC or RD Districts on tracts of at least 50 acres in size with actual disposal site not closer than 500 feet to any property line. Landfill applications shall be processed in the manner of industrial uses and be contingent upon New York State approval.

J Shooting ranges – Shooting ranges for commercial or public use, whether open to the general public or restricted to members of a club or organization, shall be subject to the following special requirements.

(1) Facilities shall be designed for discharge of all firearms in directions away from any residence in the vicinity.

(2) No part of the range shall be located within 500 feet of a property line.

(3) No range shall be operated before the hour of 8:00 a.m. or after 11:00 p.m.