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Village of Liverpool, NY
Onondaga County
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Table of Contents
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New Laws (7) Index
This chapter shall be known as the "Village of Liverpool Zoning Regulations" and shall consist of the text contained herein and the Village of Liverpool Official Zoning Map, hereinafter termed the "Zoning Map."
This chapter provides for regulating, controlling and restricting the use and development of land and buildings within the Village of Liverpool consistent with the Village of Liverpool Comprehensive Plan 2025 in order to promote and protect, to the fullest extent permissible, the environment of the Village and its public health, safety and general welfare in accordance with the purposes outlined in Article 7 of the Village Law.
For purposes of interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary for the promotion of the public health, safety, comfort, convenience and general welfare.
This chapter shall not be construed as superseding, limiting, changing or suspending any law, ordinance, code or regulation affecting the safety, construction or sanitation of any building or structure.
A. 
Various terms or words of this chapter shall be interpreted or defined as follows:
ADDRESS SIGN
A sign containing only the name of an occupant and/or building number.
ADULT USE ESTABLISHMENT
A public or private establishment, or any part thereof, which presents any of the following entertainment, services or sales or rentals on one or more occasions:
(1) 
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images thereon said devices to portions thereof and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(2) 
ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its businesses purposes, offers for sale or rental any of the following: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designed, advertised or sold for use in connection with any specified sexual activity. A commercial establishment may have other business purposes that do not involve the offering for sale or rental of the aforementioned specified materials or products and still be categorized as an "adult bookstore" or an "adult video store" if one of its business purposes is the offering for sale or rental of the above-specified materials or products which depict or describe any specified sexual activity(ies) or any specified anatomical area(s).
(3) 
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which permits or provides for the entertainment of its patrons any of the following:
(a) 
Person(s) who appears in a state of nudity.
(b) 
Live performances which are characterized by the exposure of any specified anatomical area(s) or by the performance or depicting of any specified sexual activity(ies).
(c) 
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).
(4) 
ADULT MOTELA hotel, motel or similar commercial establishment which:
(a) 
Offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic or visual reproductions which are characterized by the depiction or description of any specified sexual activity(ies) or specified anatomical area(s) and has a sign or other means of visual display of information which is visible from the public right-of-way and which advertises the availability of this adult type of photographic reproductions.
(b) 
Offers a sleeping room for rent for a period of time that is less than 10 hours.
(c) 
Allows a tenant or occupant of a sleeping room to subrent the room to another for a period of time that is less than 10 hours.
(5) 
ADULT MOTION PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).
(6) 
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which permits or provides acts, shows or entertainment by persons who appear in a state of nudity or who display or exhibit any specified anatomical area(s).
(7) 
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately remove in the presence of another part or all of his/her clothing.
(8) 
ESCORT AGENCYA person or business entity who/which furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes for consideration in any form or amount.
(9) 
MASSAGE PARLORAn establishment where, for any form or amount of consideration, massage, alcohol rub fomentation, electric, magnetic or similar treatment or manipulation of part or all of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. The definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service to such aforementioned principal use(s).
(10) 
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays any specified anatomical area(s) is provided for the purpose of being observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by another person or persons who pay money for any form of consideration therefor.
(11) 
NUDITYA state where a person is bare, naked or unclothed or displays or exhibits a less than completely and opaquely specified anatomical area(s).
(12) 
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its business purposes, offers for any form of consideration any of the following:
(a) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(b) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying any specified anatomical area.
(13) 
SPECIFIED ANATOMICAL AREASAny of the following:
(a) 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areolae; or
(b) 
Human male genitals in a state of sexual stimulation or arousal or in a discernible turgid state, even if completely and opaquely covered.
(14) 
SPECIFIED SEXUAL ACTIVITYAny of the following:
(a) 
Masturbation, sexual intercourse, oral copulation or sodomy.
(b) 
Fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts.
(c) 
Masochism, erotic or sexually oriented torture or flagellation, beating or the infliction of pain.
(d) 
Erotic touching, fondling or other such contact between an animal and a human being.
ALTERATION
Any change, rearrangement or addition to a building or structure, other than repairs, and any modification in construction or in building equipment. This term shall be construed to include any change, either interior or exterior, in dimension, use or number or type of occupancy of any building or structure.
ANIMAL, DOMESTIC
Includes dogs and cats, as well as other common household pets, such as fish, hamsters, gerbils and birds, which are maintained indoors. This term shall exclude farm animals (horses, livestock and poultry) and wild or other dangerous animals.
ANIMAL HOSPITAL
A building or structure in which facilities are provided for the prevention, cure and alleviation of disease and injury to animals and in conjunction with which there may be shelter provided, within the building or structure, during the period of treatment.
APARTMENT
A rented dwelling unit designed for or occupied by an individual, a family, or nonrelated individuals with separate housekeeping and cooking facility.
APARTMENT BUILDING
A structure designed and occupied exclusively as a residence and containing four or more rental dwelling units which may have individual outside entrances or unit entrances from a common entryway.
AWNING SIGN
Any lettering or graphic display located on the front or side of any awning, canopy or marquee projecting from a building facade.
BANKS
An institution where money is deposited, kept, lent, or exchanged. Also see "office" and "drive-in facility" definitions.
BED-AND-BREAKFAST
Provision for sleeping rooms without cooking facilities and only breakfast prepared and served by the homeowner(s) for compensation for transient guests whose occupancy shall not exceed one week (six nights). Such use shall be subordinate and incidental to the occupancy by the owner(s) of a single-family dwelling.
BILLBOARD
Any sign that advertises a business, services or products conducted, provided, offered or sold on properties other than the property on which the sign is located.
BROWNSTONE
(Also see "townhouse.") An attached single-family structure that shares a common wall with other single-family structures containing outside entrances or unit entrances from a common entryway and an attached or detached garage. The detached garage is located to the rear of the structure. The attached garage is located to the rear of the structure, is not visible from the front lot line, and may be accessed by an all way or driveway.
BUFFER STRIP
A strip of open land along the perimeter of a lot, in widths prescribed by the applicable sections of this chapter, planted with grass, trees and/or shrubs so as to provide a pleasant aesthetic appearance and a visual screen and which shall contain no buildings or structures except a permitted fence.
BUILDING
A structure having a roof and wholly or partially enclosed within exterior walls, or within exterior and party walls, which affords shelter to persons, animals or property.
BUILDING, ACCESSORY
A building, the use of which is customarily incidental to that of the main or principal building and which is located on the same lot as the principal building, such as but not limited to a garage or storage shed.
BUILDING AREA
The area of a building, as defined, taken on a horizontal plane at the main grade level of a building.
BUILDING, PRINCIPAL
A building or structure designed primarily to accommodate a principal use. An attached garage shall be considered part of the "principal building."
CARE HOME
A structure occupied as a temporary or permanent residence by one or more persons and which is either designed principally for housing for the aged where specific age limits are prescribed by public or private regulatory or administrative agencies, irrespective of the need for custodial care and/or supervision on the premises, or designed for occupancy by persons who, by reason of chronic illness, handicap, age, senility, convalescence or infirmity, are dependent upon varying amounts of custodial care and/or supervision. This term shall include, by way of illustration and not limitation, nursing homes, group homes, rest homes, homes for prenatal care, and convalescent homes and shall similarly exclude hospitals, clinics, mental health facilities, and similar institutions devoted primarily to the diagnosis and/or treatment of disease or injury, except where such facilities are accessory to a care home.
COMMERCIAL RESIDENCE
A building such as a hotel, motel or similar facility where lodging and/or meals for one or more guests are served for compensation, regardless of whether for transient or permanent occupancy. This term shall not include group residences, as defined herein, or family foster care.
COMMERCIAL VEHICLE
A vehicle used in conjunction with any business or trade such as any vehicle originally designed for purposes other than passenger transportation or for transportation of 10 or more passengers. This term shall include but not be limited to such motor vehicles as buses, delivery trucks, tractor-trailers or components thereof, refrigerated trucks, step vans, repair and tow trucks, dump trucks, and other vehicles and equipment used for commercial purposes. Passenger-sized vans, suburban vehicles and pickup trucks used for family transportation or noncommercial purposes shall not be included in this definition for purposes of this chapter."
[Amended 12-1-2014 by L.L. No. 3-2014]
COMMUNITY CENTER
A facility under the direct supervision and control of a charitable, religious, social service, public or similar community organization, including not-for-profit corporations, which provides a place of congregation or meeting for purposes of education, training, counseling, active or passive recreation or similar pursuits, including social facilities incidental thereto. This term shall not include schools or retail business activities.
CONDOMINIUM
A dwelling containing two or more units, which share a common element(s) and are individually owned, with each owner receiving a deed enabling them to sell, mortgage, or exchange their dwelling unit independent of the owners of the other dwelling units. All condominiums are expressly made subject to the provisions of Article 9-B of the Real Property Law of the State of New York as presently written and as hereafter amended.
CONVALESCENT HOME
See "care home."
CORNER LOT
A lot fronting on two streets at their intersection.
DAY-CARE FACILITY
An activity providing for the care and supervision of minors away from their own homes as a daily program, such as a day nursery, preschool program or day-care center, excluding family day-care homes, as defined herein, and except as regulated by § 390 of the New York State Social Services Law.
DAY-CARE HOME, FAMILY
The caring for children in the home of the day-care provider for no more than three hours per day, except as regulated by § 390 of the New York State Social Services Law.
DRIVE-IN SERVICE FACILITY
An establishment which includes provision for customers to conduct business or secure consumer goods while remaining in their motor vehicles, or a business where take-out consumer goods are dispensed or sold for the consumption of such goods within the customers' motor vehicles. Drive-in activities include, but are not limited to, drive-in banks, drugstores, restaurants and package-food restaurants with drive-through service and drive-in photo services, but exclude motor vehicle service facilities, as defined herein.
DRIVEWAY
Land used by vehicular traffic as access to and situated on the property or lot; such land shall be a hard-surfaced area of crushed stone/gravel, brick pavers, asphalt or concrete and shall not exceed maximum widths as set forth herein.
DWELLING UNIT
An entire building, or one or more rooms within a building having access to the exterior of said building directly or through a common hall or entrance, containing kitchen, bathroom, dining, sleeping and similar facilities incidental and necessary to human habitation, intended and designed as a self-contained living or housekeeping unit and designed exclusively as a place of residence and/or domicile for occupancy by not more than one family, as defined herein.
DWELLING UNIT, MULTIPLE-FAMILY
A building designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.
DWELLING UNIT, SINGLE-FAMILY
A detached building designed for or occupied by one family only and containing no other principal use.
DWELLING UNIT, TWO-FAMILY
A building designed for or occupied by two families only, with separate housekeeping and cooking facilities for each, and containing no other principal use.
FAMILY
One or more persons occupying the premises and living as a single housekeeping unit and using common cooking facilities, as distinguished from one or more persons occupying a hotel, rooming or boarding house or other commercial residence.
FLOODPLAIN MANAGEMENT DISTRICT (FMD)
All that land adjacent to a body of water which has been or may be hereafter covered by a flood having a one-percent chance of being equaled or exceeded in any given year. The "Floodplain Management District" includes all A Zones delineated on the Flood Insurance Rate Map for the Village of Liverpool.
FLOOR AREA
The sum of the horizontal area of the floors of a building excluding the basement (unless used and habitable in conjunction with the building function), stairway, permanent corridors, attic storage and toilet floor areas. All dimensions shall be measured between the interior faces of walls.
FUNERAL HOME
A dwelling or other structure used and occupied by a professional licensed mortician for furnishing funeral supplies and services to the public, burial preparation and funeral services for internment or cremation, but expressly excluding morgues and educational facilities engaged in teaching mortuary science.
GARAGE
A building or enclosed space, not available to the public, that is used primarily for the storage of automobiles, provided that no business, occupation or service is conducted for profit therein.
GASOLINE SERVICE STATION
An installation or building in which the public sale of gasoline and/or other petroleum products from underground tank storage is made at retail on the premises and which may or may not include facilities for the sale of convenience goods.
GROCERY STORE
A building used for the sale primarily of food products and which specifically excludes the sale of specialty products as a principal use.
GROUND SIGN
A sign which is not attached to any building and which is supported by one or two uprights, braces or other structural elements in or upon the ground.
GROUP RESIDENCE
A place and/or domicile occupied by two or more persons, wherein the residential quarters are considered an integral component of a recognized program of rehabilitation, custodial supervision or care, together with required supervisory personnel living in a family-type setting. Such "residence" shall not be institutional in character or scale and shall maintain a resident count compatible with the character of the neighborhood. This term shall exclude nursing homes and similar institutional settings.
HEIGHT, BUILDING
The vertical distance measured from the average ground level at the sides of the building or structure to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled or hip or gambrel roof, excluding spires, chimneys, stairwell housings and other similar structures, or to the highest elevation of structures not containing a roof.
HOME OCCUPATION
A nonresidential activity constituting an accessory use within a dwelling unit in accordance with the provisions of § 380-88A.
HOTEL
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances, and which may contain one or more facilities incidental to such occupancy, such as dining rooms, restaurants, meeting rooms, lounges, swimming pools and related incidental uses designed primarily to accommodate the occupants thereof but also open to the general public.
INDUSTRIAL
See "manufacturing."
JUNKYARD
An activity characterized by the storage, sale or dismantling of discarded machinery, equipment, paper, rags, scrap and similar materials, which activity is the principal activity as distinguished from an incidental use of another type of business. This term shall specifically include automobile graveyards and scrap-metal-processing plants.
KENNEL
A structure to accommodate the commercial boarding, sale or care of dogs, cats and other domestic animals or the harboring of more than four dogs, each being over six months of age; or the harboring of more than six cats, each being over six months in age.
LIGHT INDUSTRIAL, LIMITED
An activity characterized by the transformation of premanufactured substances into new products, the assembly of component parts of premanufactured products, conducted entirely within an enclosed building that poses little or no impacts on surrounding structures such as lighting, noise, vibration, dust, odor, traffic, parking and hours of operation. Buildings may be used as research laboratories with a high percentage of office/laboratory space. Buildings exhibit high quality architectural design and are at a scale that is compatible in mass and character with surrounding neighborhoods.
LOADING SPACE
Any off-street space used for the temporary location of one licensed motor vehicle and which is at least 12 feet wide and 40 feet long, not including access driveway, and having direct access to a street or alley.
LOCATION SIGN
An off-premises sign which directs attention to the approximate location of a church, school, other nonprofit institution, or a business district or industrial district. Location signs may be freestanding and may only be located within the public right-of-way, provided that written permission is obtained from the Board of Trustees. Such sign shall be limited to two square feet in sign area.
[Amended 9-20-2010 by L.L. No. 3-2010]
LOT
An area contained within lot lines as described in a deed and which is properly recorded in the records of Onondaga County. Areas shown on maps or described in deeds which are contiguous shall be considered separate "lots" unless otherwise indicated or intended as one "lot" in said instrument.
LOT AREA
A lot expressed in square units of measure derived by viewing the lot as a level surface.
LOT COVERAGE
Lot area occupied by all principal and accessory buildings and structures.
LOT LINE
A boundary defining ownership of land as derived from maps, deeds and similar title documents. Boundaries defining less than a fee interest, including leasehold interests and common areas, shall be submitted to the Planning Board for a determination as to whether such boundaries constitute a "lot line" for purposes of allowing land use activities. "Lot lines" shall also be classified as rear, front and side lot lines, as hereinafter defined. Where the application of such classifications cannot be made with certainty, as determined by the Code Enforcement Officer, the Planning Board shall render a determination establishing an appropriate classification for purposes of allowing land use activities.
LOT LINE, FRONT
A front lot line measured from a legal property survey or similar title documents or coincidental with the line of a street, sidewalk or other public right-of-way, except that where such line is described as being within the boundaries of a public right-of-way, then the most interior boundary of such right-of-way shall be construed to be the "front lot line." Where two public rights-of-way intersect, a lot line coincidental with the boundary line of either may be selected as the "front lot line" for development purposes, as long as no nonconforming elements are thereby created.
LOT LINE, REAR
A lot line generally parallel to or directly opposite a front lot line.
LOT LINE, SIDE
A lot line extending between a front and rear lot line.
LOT WIDTH
The linear dimension of a straight line situated between side lot lines and measured at the front building line.
MANUFACTURING OR INDUSTRIAL BUSINESS
A commercial activity characterized by the transformation of substances into new products, including the assembly of component parts of manufactured products, such as are normally associated with general industrial uses and activities. This term shall also include transportation facilities designed for the handling of goods destined for shipment, including interim storage facilities, truck terminals, freight stations and related installations and improvements. This term shall not include junkyards, automotive or other disassembly plants, or bulk petroleum storage.
MEDICAL CENTER
A facility providing for the treatment of illness, injury and disease, providing inpatient and/or outpatient accommodations, including what are commonly termed "clinics," "diagnostic centers," "neighborhood health centers" and "hospitals," but expressly excluding group residences and nursing or convalescent homes except where such facilities are accessory only. This term shall include private physicians' offices situated within or integral to a "medical center."
MIXED USE
A single building, structure and/or a lot with a minimum of two different and distinct uses. The building(s) or structure(s) will exhibit a pedestrian- and transit-friendly design facing a primary street as expressed in the Village of Liverpool Comprehensive Plan[1] and the Village of Liverpool Design Handbook.[2] Mixed uses may include some combination of residential, retail, restaurant, dining, family entertainment, commercial office, professional office, hotel, grocery and civic uses.
[Amended 10-21-2019 by L.L. No. 7-2019]
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers, each which sleeping unit is provided with a separate off-street parking space and a separate exterior entrance, together with any incidental uses permitted for a hotel.
MOTOR VEHICLE SERVICE
The on-premises repair, maintenance and general servicing of motor vehicles, including but not limited to the following activities: gasoline service station, car wash, body and/or repair shop, the sale of motor vehicle accessories when installation services are offered on the site.
NEIGHBORHOOD SERVICE
Stores, offices and shops of a retail or commercial nature supplying goods or services to meet the daily needs of local community.
NEOTRADITIONAL SINGLE-FAMILY ATTACHED
A single-family structure that shares a common wall from ground to roof with another single-family structure, both of which contain individual outside access and may include an attached or detached garage. The detached garage is located to the rear of the house. The attached garage is located to the rear of the house, is not visible from the front lot line, and may be accessed by an alleyway or driveway. The following number of attached units shall apply depending on which district it is located. In an R-2 district, no more than two attached units may exist. In a R-3 district, three or more attached units may exist, but shall not exceed six contiguous units in any one development.
NEOTRADITIONAL SINGLE-FAMILY DETACHED
A single-family structure that contains an attached or detached garage. The detached garage is located to the rear of the house and may contain living space above the garage for family member use only. The attached garage is located to the rear of the house, is not visible from the front lot line, and may be accessed by an alleyway or driveway.
NONCONFORMING ELEMENT
Any lot, yard, building, structure, use of land or aspect related to use (such as off-street parking, signage or screening), which does not comply with the applicable district or general regulations contained in this chapter but which did comply with applicable regulations at its inception and which has continued to exist in a manner consistent with such previous compliance. This term shall include the following: "nonconforming structure," "nonconforming use," "nonconforming lot" and other nonconforming elements as outlined in § 380-85.
NONCONFORMING SIGN
A sign existing before the effective date of this chapter, which would not be allowed under the terms of this chapter.
NURSING HOME
See "care home."
OFFICE
Includes commercial, professional, financial (excluding banks with drive-in facilities), insurance, real estate, medical, governmental and utility service company offices. Banks with drive-in facilities shall be included in the "drive-in service facility" definition.
OPEN LAND
Dedicated parkland and other undeveloped public properties, excluding highway and utility rights-of-way.
PACKAGE-FOOD RESTAURANT
Any structure designed, intended as or used, in whole or in part, for the retail sale of food and/or beverages for off-premises consumption, or for both on- and off-premises consumption, but specifically excluding restaurants with drive-through facilities. (See "drive-in service facility.")
PARKING, COMMERCIAL
An off-street parking lot or structure with the sole intent to provide parking for a nominal fee.
PARKING, MUNICIPAL
An off-street parking lot or structure under the control and ownership of the Village of Liverpool or other municipality for which a fee may or may not be charged.
PARKING SPACE
A space used for the temporary location of one licensed motor vehicle, which space is at least nine feet wide and 20 feet long, not including an access driveway and having direct access to a street or alley.
PARKING SPACE, OFF-STREET
A parking space located solely within the boundaries of the property and shall not include spaces located in the public right-of-way either on the street pavement or between the street pavement and a property's front lot line.
PARKING SPACE, ON-STREET
A parking space located in the public right-of-way which is officially established and maintained by the Village of Liverpool.
PARKING STRUCTURE
A public/private parking garage/deck that may be a standalone facility with parking as its principal use.
PARKING STRUCTURE, ACCESSORY USE
A public/private parking facility that supports other principal uses, for example, "tucked under" parking that serves a residential, commercial or mixed-use building.
PARKING STRUCTURE, MIXED USE
A public/private parking facility with parking as a principal use and "liner buildings" such as residential, commercial and/or mixed uses as a secondary use(s). The mixed-use parking facility looks and functions like a residential, commercial and/or mixed-use building, but provides surplus parking to be used as shared parking for public/private uses.
POST OFFICE
See "public facilities."[3]
PROJECTING SIGN
Any sign that projects from the exterior of any building, structure or post more than 12 inches horizontally. Such sign shall be no more than 12 square feet in sign area per side, shall project no more than five feet from the face of the building at an angle of 90° therefrom, with a minimum clearance above ground level of eight feet and shall not project over a public right-of-way except by written permission of the Board of Trustees. The term shall exclude signs on awnings, canopies and marquees.
PUBLIC FACILITIES
Facilities operated by public agencies, including Village administration buildings; Village hall; fire stations and other fire prevention and fire-fighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities; libraries; and museums. Does not include facilities specifically identified under another land use category, including schools and post offices.
RELIGIOUS FACILITY
A place of worship such as a church, synagogue or similar structure, together with such other structures and uses as are normally incidental thereto.
RESIDENTIAL PARKING AREA
An asphalt, paver, or concrete parking area that is within the Village right-of-way and that complies with § 380-94A.
RESTAURANT
Any structure designed, intended as or used, in whole or in part, for the retail sale of prepared food and/or beverages for on-premises consumption. Restaurants with drive-through facilities shall be included in the "drive-in service facility" definition and subject to the requirements of Article XIV. Restaurants with package-food service shall be included in the "package-food restaurant" definition.
RETAIL BUSINESS
A commercial activity characterized by the direct on-premises sale of goods and services within a building to the ultimate consumer, generally involving stock-in-trade such as is normally associated with department stores, food markets, boutiques and similar establishments. This term shall also include personal service establishments such as barbershops, beauty salons and dry-cleaning shops. This term shall not include restaurants, gasoline service stations or other vehicular services, outdoor retail sales or offices.
RETAIL BUSINESS, LIMITED
Defined the same as "retail business," with the exception that use is limited to a lot no more than one acre in size.
ROOF SIGN
Any sign, any portion of which is either situated above the upper edge of any building wall or parapet or erected or painted on or above the roof covering any portion of a building, including signs supported on the roof or on any independent structural frame or located on any roof structure, including but not limited to a penthouse, stairwell or elevator housing, roof shed or mechanical equipment, except when placed on the fascia of a mansard style roof. Such sign may extend above the base of the roofline but not above the first story of a multistory building, and in no case shall any sign extend more than 16 feet above the ground, as measured to the top of the sign.
SCHOOL
Any public or private kindergarten, elementary, secondary, college level or equivalent teaching unit organized by a governmental authority or private teaching entity having a curriculum equal or similar to public elementary, secondary or college level schools and trade schools offering skilled trade training, apprentice education and practical experience with commensurate accreditation or written program acceptance from traditional secondary or college-level institutions. Main and ancillary uses with a direct nexus to the educational purpose may be permitted for trade schools in residential zones subject to the issuance of a special use permit pursuant to Article XIV of the Code.
[Amended 5-15-2017 by L.L. No. 1-2017]
SCREENING DEVICE
A permanent barrier, any portion of which is situated two or more feet above grade, composed of any material, including what are commonly termed "walls," "fences," "hedges" and similar structures or improvements intended to provide privacy and/or security.
SHOPPING CENTER
Any one-story building containing four or more contiguous stores, businesses, industrial or commercial spaces or tenants or where a lesser number of tenant spaces totals not less than 20,000 square feet of gross leasable area.
SHORT-TERM RENTAL
A dwelling unit or rooming unit and/or any accessory outdoor areas, yards or structures that are rented, in whole or in part, to any person or entity for a period of 29 consecutive nights or less. "Short- term rental" includes an agreement, written or oral, granting such use or possession of a residence, in whole or part, to a person in exchange for monetary compensation or other valuable consideration. "Short-term rental" shall also include any offer to rent, personally or through an agent, referral service, representative or other entity or person, communicate or advertise, verbally, in writing, or through other electronic means or otherwise, the availability for such rental or similar use of any dwelling unit or rooming unit and/or any accessory outdoor areas, yards or structures, in whole or in part, or to knowingly allow, commission, authorize, or permit such communication or advertisement. "Short-term rental" shall also mean the selling of shares, time-share ownership or the establishing of other ownership, tenancy or use arrangement in which a person obtains a right of occupancy in all or any portion of a dwelling unit or rooming unit and/or accessory outdoor areas or yards or accessory structures for 29 consecutive nights or less. The term "short-term rental" shall not include month-to-month tenancies in dwelling units, bed-and-breakfasts, hotels or motels. Short-term rentals are prohibited in the Village of Liverpool.
[Added 6-26-2023 by L.L. No. 2-2023]
SIGN
Any representation used to advertise or promote the interests of any person or business when such sign is placed in view of the general public out of doors or on the exterior of any building or structure, including interior and exterior window surfaces. "Representation" shall include any material or lettered or pictorial matter, including letters, words, symbols, emblems and insignias and the structure of device or part thereof which displays such representation. This term shall include "wall signs," "ground signs," "awning signs," "window signs," "roof signs" and "billboards," as defined herein, and sign frames, signboards, pennants, fluttering devices and banners.
SIGN AREA
The surface area of a sign calculated as follows: the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure of similar character, as included within the definition of a sign, together with any frame or other material or color formatting an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. All permitted ground signs, projecting signs and A-frame/sandwich signs shall be allowed to have two sides, each side containing the allowed maximum area for such sign.
SIGN HEIGHT
The height of a sign as measured from the level of the adjacent public sidewalk, or, where no public sidewalk is present, from the level of the adjacent street edge.
[Added 10-21-2019 by L.L. No. 8-2019]
STREET
A thoroughfare, publicly or privately owned, open to general vehicular use.
STREET LINE
The right-of-way or established property line of a street as indicated by dedication, by deed of record or by a filed subdivision plan.
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including but not limited to buildings and accessory structures.
STRUCTURE, ACCESSORY
A structure generally associated with the use of property, other than a principal or accessory building, including but not limited to the following: radio or television antennas or other communication devices, flagpoles, signs, fences, fireplaces and outdoor recreational facilities such as tennis or basketball courts or swimming pools.
SWIMMING POOL
Any artificial pool or structure, either permanently installed or temporarily placed on the premises, intended for the purpose of swimming, bathing or wading and over 24 inches in depth or having a surface area exceeding 200 square feet, whether above or below the finished ground level.
TEMPORARY BANNER
A banner no larger than 16 square feet in area calling attention to a promotional sale or similar event. Banners shall be located on the face of the building.
[Added 9-20-2010 by L.L. No. 3-2010]
TEMPORARY WINDOW SIGN
A sign situated on the interior of a window which is intended to be removed after such period of time as set forth in this chapter. Such sign shall be lettered, drawn, printed or affixed on paper or other material before placement on the window or within 12 inches of the window.
TOWNHOUSE
(Also see "brownstone.") A two- or three-story residential structure containing dwelling units with different typical residential amenities found on each story and which is connected by one or more walls to a series of similar units, usually sharing the same street frontage.
TRANSIT FACILITIES
Passenger stations for vehicular and rail mass transit systems which may include buses, taxis, and railway facilities.
USE
The purposes for which a structure or premises or part thereof is occupied, designed, arranged or intended. This term shall encompass the terms "use, principal" and "use, accessory."
USE, ACCESSORY
An activity which is incidental, subordinate to and which may not be carried on independently of a principal use, such as a home occupation.
USE, PRINCIPAL
An activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or principal buildings or structures thereon are intended and designed.
UTILITY STRUCTURE
Buildings or structures used in conjunction with public utility services, including but not limited to energy substations, transmission towers, pumping stations and communication equipment housing, but excluding offices, vehicle storage, warehousing and similar functions.
VEHICULAR SALES
The sale and/or leasing of used and/or new self-propelled vehicles, including automobile showrooms and used car lots.
WALL SIGN
Any sign which is attached and parallel to an exterior wall of a building or structure or part thereof, projecting not more than 12 inches therefrom. Such sign(s) shall be erected or maintained on the face of a building so that no portion extends above the base of the roofline or above the first story of a multistory building, and in no case shall any sign extend more than 16 feet above the ground, as measured to the top of the sign. This term shall include a sign painted upon the exterior building face.
WHOLESALE BUSINESS
A commercial activity characterized by the sale of merchandise in quantity to retail, manufacturing, construction contracting, institutional or other wholesale establishments, including on-premises storage and distribution facilities, but excluding bulk petroleum storage.
WHOLESALE BUSINESS, LIMITED
Defined the same as "wholesale business," with the exception that it is limited to a lot no more than two acres in size.
WILLOW BARN
A two-story barn structure used historically in the Village of Liverpool for homeowners to store and weave willow into baskets and furniture. Contemporary uses of the barn may include storage/shed uses as well as a garage for the storage of vehicles.
WINDOW SIGN
A sign painted or affixed on glass or other window material or placed within 12 inches of the window, in connection with customary window display of products or services rendered on the premises.
YARD, FRONT
The lot area bounded by the front and side lot lines and front building line, open and unoccupied, except as provided in § 380-105C or as otherwise permitted in this chapter. On all lots, that portion of a lot contiguous to a public right-of-way shall be considered as front yard area for the purpose of applying the regulation herein.
YARD, REAR
The lot area bounded by the rear and side lot lines and rear building line, open and unoccupied except as provided in § 380-105C or as otherwise permitted in this chapter.
YARD, SIDE
The lot area between the side lot and side building line further bounded by the front and rear yards, open and unobstructed except as provided in § 380-105C or as otherwise permitted in this chapter.
[1]
Editor's Note: The Comprehensive Plan is on file in the Village offices.
[2]
Editor's Note: The Design Handbook is on file in the Village offices.
[3]
Editor's Note: The former definition of "professional residential office," which immediately followed this definition, was repealed 7-21-2015 by L.L. No. 4-2015.
B. 
Additional definitions may be provided in § 380-99.
Except as hereinafter provided:
A. 
The Village Code Enforcement Officer, Planning Board, Zoning Board and Village Board officials shall refer to the Comprehensive Plan 2025[1] as a basis for making decisions consistent with the community's shared vision, goals and objectives for future development. Land use decisions shall be based on the intent of the Village's Comprehensive Plan and the Village's Zoning Chapter in order to ensure that proposed projects will not have a materially adverse impact upon adjoining and nearby properties, and will not result in a clearly adverse aesthetic impact upon community character. Findings statements justifying a land use decision shall outline and reference the decision's rationale for meeting the purpose and intent of this chapter and the Village Comprehensive Plan 2025.
[1]
Editor's Note: The Comprehensive Plan is on file in the Village offices.
B. 
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
C. 
No building or structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of dwelling units; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards or other open spaces than is herein specified for the district in which it is located or in regulations applicable to all districts.
D. 
No part of a yard or open space required about any building or structure for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for another building or structure.
E. 
Other uses prohibited. All uses not specifically permitted in a district by right or permitted upon issuance of special permit shall be deemed prohibited.
F. 
Existing buildings and uses. This chapter shall not apply to existing buildings or structures, nor to the existing use of any building, structure or land to the extent which it was legally used at the time of enactment of this chapter. The terms of this chapter shall apply to any subsequent change in use, alterations, extension or movement of a building or structure and to any change in use of land.
G. 
Existing land use violations. Land use existing on the effective date of this chapter which is unlawful under any prior applicable regulations shall be lawful only to the extent that it complies with this chapter. However, such compliance shall not excuse or be used to abate or enjoin the prosecution of such unlawful conduct, whether initiated prior or subsequent to the effective date of this chapter.