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Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:
(A) Where the district boundaries are indicated as approximately following streets, alleys or highways, the centerlines shall be construed to be the boundaries.
(B) Where district boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries.
(C) Where district boundaries are indicated as approximately being parallel to the center lines of streets, alleys, highways or the rights-of-way of same, the district boundaries shall be construed as being parallel and at the distance indicated on the zoning map.
(D) Where a district boundary line divides a lot or tract in single ownership, the district requirements for the least restricted portion of the lot or tract shall be deemed to apply to the whole provided the extensions shall not include a part of a lot or tract more than 50 feet beyond the district boundary line. The term LEAST RESTRICTED shall refer to use restrictions, not lot or tract size.
(1981 Code, § 403) (Ord. passed 6-28-2004)
The final authority for the current zoning status of land, buildings or other structures in the affected territory shall be the official zoning map, which is located in the Town Hall. If any copies of the official map are different from the original, the official map shall be the final authority.
(1981 Code, § 404) (Ord. passed 6-28-2004)
(A) R-40 Residential. The R40 Residential District is intended to provide regulations which will produce a low intensity mixture of single-family, 2-family dwellings and Class A and B Manufactured Homes, usually served by individual wells and/or sewage disposal systems, plus the necessary governmental and other support facilities to provide service to the suburban intensity living.
(B) R-12 Residential. The R12 Residential District is intended to provide regulations which will produce a medium intensity of single-family dwellings and is usually served by central water supply and sewage disposal systems, plus the necessary governmental and other support facilities to service the urban intensity living.
(C) R-6 Residential. The R-6 Residential District is intended to provide regulations which will produce a higher intensity mixture of single-family, 2-family dwellings and Class A manufactured homes and is required to be served by central water supply and sewage disposal systems, plus the necessary governmental and other support facilities to service the urban intensity living.
(D) R-MF Residential Multi-Family District. The R-MF Residential District is intended to produce a high intensity mixture of single-family, 2-family and multi-family dwellings in close proximity to major nodes of non-residential development, characterized primarily by multi-family housing, plus the necessary governmental and other support facilities to service that level of development. Land designed R-MF shall normally be located with access to a major or minor thoroughfare with access to local residential streets discouraged.
(E) B-1 Downtown Commercial District. The B-1 Downtown Commercial District is intended to include the traditional commercial, governmental, administrative and service core of Liberty where uses are generally in structures with no setbacks (front, side or rear). Off-street parking is not required. Uses are discouraged that are not contained inside a structure. Multi-family dwellings are permitted if they comply with the R-6 Residential lot and parking requirements.
(F) B-2 General Commercial District. The B2 General Commercial District is intended to serve the convenience and shoppers goods, retail and service needs of the public, both local and transient. This district should always be located with access directly to major or minor thoroughfare, never local streets.
(G) I Industrial. The intent of the I Industrial Development District is to produce areas for manufacturing, processing and assembly uses, commercial uses, distribution and servicing enterprises, controlled by performance standards to limit the effect of those uses on uses within the district and on adjacent districts.
(H) IP Industrial. The intent of the IP Industrial Development District is to produce areas for intensive manufacturing, warehousing, processing and assembly uses, controlled by performance standards to limit the effect of those uses on adjacent districts.
(1981 Code, § 405) (Ord. passed 6-28-2004; Am. Ord. passed 8-8-2023)
(A) Except as specifically provided in this chapter, regulations governing the use of land, water and structures within the various districts within the zoning jurisdiction of the Town of Liberty shall be as shown in the schedule of permitted and permissible uses by district.
(B) Use of land or structures which are not expressly listed in this schedule as permitted principal uses, permitted accessory uses or permissible special uses are prohibited uses and shall not be established in that district. Uses listed as permissible special uses may be established in that district only after approval of an application for a special use permit in accord with the procedures and requirements in §§ 154.190 through 154.239.
(C) Section 154.067 indicates the permitted and permissible uses for the regular zoning districts.
(1981 Code, § 406) (Ord. passed 6-28-2004; Am. Ord. passed 8-8-2023)
Except as specifically provided in this chapter, regulations governing the minimum lot width and area; required front, side and rear yards; maximum permitted floor area ratio, maximum permitted height of structures, maximum permitted lot coverage, and related matters shall be for the several regular districts as shown below.
Table of Area, Height, Bulk and Placement Regulations | ||||||||
District | Minimum Lot Size in Square Feet | Lot Width (Frontage) in Feet | Required Yards * (Setbacks) | Maximum Height* in Feet Ratio | Maximum Floor Area Ratio | Maximum Floor Area by SUP |
Table of Area, Height, Bulk and Placement Regulations | ||||||||
District | Minimum Lot Size in Square Feet | Lot Width (Frontage) in Feet | Required Yards * (Setbacks) | Maximum Height* in Feet Ratio | Maximum Floor Area Ratio | Maximum Floor Area by SUP | ||
Front | Side | Rear | ||||||
R40 | 40,000 per dwelling unit | 100 | 30 | 15 | 25 | 35 | ||
R12 | 12,000 | 75 | 30 | 10 | 20 | 35 | ||
R6 | 6,000 for single- family; 10,000 for 2-family | 60 | 25 | 10 | 20 | 35 | ||
RMF | 6,000 for single- family; 10,000 for 2-family and multi-family | 60 | 25 | 10 | 20 | 35 | 0.27 | 0.35 |
B1 | No minimum | No minimum | 0 | 0 | 0 | 50 | ||
B2 | 10,000 | 75 | 20 | 10 | 10 | 50 | 0.27 | 0.35 |
I | 10,000 | 75 | 10 | 10 | 10 | 50 | ||
IP | 30,000 | 100 | 50 | 20 | 20 | 50 | ||
* Except as modified by § 154.032 or by buffering and screening requirements. | ||||||||
(1981 Code, § 400-1, Article 400, Table 400-1) (Ord. passed 6-28-2001)
Following is the table of permitted uses by district.
Permitted Uses by District
| ||||||||||
Use
|
Buffer Group | R40 | R12 | R6 | RMF | B2 | B1 | I | IP | See Note |
Permitted Uses by District
| ||||||||||
Use
|
Buffer Group | R40 | R12 | R6 | RMF | B2 | B1 | I | IP | See Note |
Accessory apartment; non- commercial; manufactured homes not permitted (Refer to Notes 1 and 33) | SF | A | A | A | A | 1 and 33 | ||||
Adult day care facility (for more than 30) | 2 | S | S | |||||||
Adult day care facility (for less than 30) | 2 | P | P | |||||||
Adult day care homes (for less than 6 persons) | P | P | P | P | ||||||
Adult establishment (see business dealing in primarily sexually explicit materials in table below) | ||||||||||
Agricultural roadside stand; produce produced on site | A | A | A | A | A | A | A | A | ||
Agricultural uses; genuine except hog parlors, chicken houses, turkey houses, feed lots operations | P | P | P | P | P | P | P | P | 41 | |
Airport/heliport | S | S | ||||||||
Amusement parks | 3 | P | P | |||||||
Animal hospital/veterinary clinic; general | 3 | P | P | |||||||
Bakery distribution center with retail sales permitted; no baking permitted | 2 | P | P | 2 | ||||||
Bakery; on and off premises sale permitted; wholesale and retail | 3 | P | ||||||||
Bakery; on premises sale only | 2 | P | P | |||||||
Bank | 2 | P | P | P | ||||||
Bank; automatic teller | 2 | P | P | P | ||||||
Banquet facility | P | P | P | |||||||
Bed and breakfast | 1 | P | P | P | P | P | 3 | |||
Boarding/rooming houses (owner occupied only) maximum 3 roomers | 1 | P | P | P | P | |||||
Bus terminal | 3 | P | P | P | ||||||
Business primarily dealing in sexually explicit materials | 3 | S | ||||||||
Business services | 1 | P | P | P | ||||||
Cemetery, human | 1 | A | A | A | A | P | P | P | ||
Cemetery, pet | 1 | P | P | |||||||
Child day care center; large (80 + children) | 2 | S | S | A | A | 4 | ||||
Child day care center; medium (30 to 79 children) | 2 | S | S | A | A | 4 | ||||
Child day care center; small (13 to 29 children) | 1 | S | P | P | A | A | 4 | |||
Child day care; large home (9 to 12 children) | 1 | S | S | S | P | 4 | ||||
Church/synagogue (not place of assembly) | 1 | P | P | P | P | P | P | P | P | |
Church/synagogue child care center (or other non-profit organization) | 2 | A | A | A | A | A | A | A | A | 44 |
Circus, carnival and fair and concerts; limited duration | P | P | P | 42 | ||||||
College/university seminary | 2 | S | S | S | S | P | P | 5 | ||
Columbarium | 1 | A | A | A | A | P | P | P | ||
Combustible and flammable liquid storage > 100,000 gallons aggregate | 3 | S | ||||||||
Combustible and flammable; liquid storage above ground < 2,000 gallons | A | A | A | A | A | A | A | A | 6 | |
Combustible and flammable; liquid storage above ground > 2,000 gallons < 100,000 gallons | 3 | S | S | |||||||
Combustible and flammable; liquid storage below ground < 2,000 gallons | A | A | A | A | A | A | A | A | 7 | |
Combustible and flammable liquid storage below ground > 2,000 gallons | A | A | P | P | 8 | |||||
Commercial developments with multi-use and/or structures and FAR between 0.27 and 0.35 | 2 | S | S | 9 | ||||||
Commercial developments with multi-use and/or structures and FAR up to 0.27 | 2 | P | P | P | 9 | |||||
Communication facilities; commercial | 2 | P | P | P | P | 10 | ||||
Communication facilities; non-commercial | A | A | A | A | P | P | P | P | 11 | |
Community center | S | S | S | S | P | P | ||||
Congregate living facility (does not include structured environment) | S | P | P | |||||||
Congregate living facility; for 6 or less persons (family care home) | P | P | P | P | 12 | |||||
Contractor’s office | 1 | P | P | P | P | 13 | ||||
Correctional facilities | 3 | P | ||||||||
Country, racquet, tennis and swim clubs | 2 | S | S | S | S | P | P | 43 | ||
Crematorium | 2 | A | A | P | ||||||
Cultural facility | 1 | S | S | S | P | P | P | P | ||
Dormitories | 2 | A | A | A | A | A | A | |||
Drinking establishments; bar, cocktail lounge, tavern, coffeehouse cabaret and the like | 2 | P | P | P | ||||||
Drive-in theater | 3 | P | P | 14 | ||||||
Dry cleaners; small | 2 | P | P | P | ||||||
Dry cleaning plant | 2 | P | P | P | ||||||
Dwelling for caretaker/security guard on premises where employed | A | A | A | A | ||||||
Dwelling; multiple-family units up to 0.27 FAR | MF | P | P | P | 15 | |||||
Dwelling; multiple-family units up to .35 FAR | MF | S | S | S | 15 | |||||
Dwelling; single-family units | SF | P | P | P | P | P | P | S | S | 15 |
Dwelling; 2-family units | SF | P | P | P | P | P | 15 | |||
Dwelling; within mixed use structure | P | 16 | ||||||||
Eating establishments; drive- in | 2 | P | P | P | ||||||
Eating establishments; drive- in (adult establishment) | 2 | S | S | |||||||
Eating establishments; sit down | 2 | P | P | P | A | |||||
Eating establishments; sit down (adult establishment) | 2 | S | S | S | ||||||
Eating establishments; walk- in; carry-out | 2 | P | P | P | ||||||
Electronic and electrical repair; large | 2 | P | P | P | ||||||
Electronic and electrical repair; small | 1 | P | P | P | ||||||
Exterminator | 2 | P | P | 17 | ||||||
Extraction of earth products | 3 | S | S | S | S | S | S | S | S | |
Family care home (see congregate living facility for 6 or less in table above) | ||||||||||
Farmers market | P | P | P | 47 | ||||||
Flea markets; open air sales | 2 | P | P | P | ||||||
Flea markets; open air sales; temporary | P | P | P | 49 | ||||||
Fraternity and sorority houses | 2 | S | S | 18 | ||||||
Funeral parlor | 2 | P | P | P | P | |||||
Furniture refinishing and repair | 2 | P | P | P | ||||||
Game rooms | 3 | S | ||||||||
Gas station | 2 | P | P | P | P | |||||
Golf course not including Par 3 or miniature courses | 1 | S | S | S | 41 | |||||
Government land reserves | P | P | P | P | P | P | P | P | ||
Health practitioners offices | 1 | P | P | P | ||||||
Health services | 2 | P | P | P | ||||||
Heliport; emergency medical | A | A | A | A | A | 19 | ||||
Home occupation | SF | A/S | A/S | A/S | A/S | 20 | ||||
Hotels/motels | 2 | P | P | P | ||||||
Industrial developments with multi use and or structures with FAR up to 0.27 | P | P | 45 | |||||||
Industrial developments with multi use and or structures with FAR up to 0.35 | P | P | 45 | |||||||
Interior cleaning services | 2 | P | P | P | ||||||
Junkyards | 3 | S | ||||||||
Kennel | 2 | P | P | 21 | ||||||
Landfills; clean material | 3 | P | ||||||||
Liquor store | 2 | P | P | P | ||||||
Lumber and building material sales | 2 | P | P | 22 | ||||||
Lumberyard | 3 | P | ||||||||
Mail order distribution center | 2 | P | P | P | ||||||
Mail order office | 1 | P | P | P | ||||||
Manufactured home/mobile homes park with Class A and B homes (Class C not permitted) | 2 | S | ||||||||
Manufactured home/mobile homes on individual lots; Class A and B; double wide (Class C not permitted)
|
SF
|
P
| 23
| |||||||
Manufactured home/mobile homes on individual lots; Class A and B; single wide (Class C not permitted)
|
SF
|
P
| 23
| |||||||
Manufacturing, processing and assembly; heavy | 3 | P | P | |||||||
Manufacturing, processing and assembly; light | 2 | S | P | P | ||||||
Massages (See business primarily dealing in sexual explicit material in table above) | ||||||||||
Massagists; therapeutic health | 1 | P | P | 38 | ||||||
Meat packing/ slaughterhouse | 3 | |||||||||
Medical and dental labs | 2 | P | P | P | P | |||||
Membership organization; not for commercial gain | 2 | P | P | P | ||||||
Mental institutions/ sanitariums | 3 | S | S | S | ||||||
Mini-warehouse | 2 | P | P | 24 | ||||||
Mobile home sales lots | 2 | P | P | A | ||||||
Motor vehicle repair | 2 | P | P | |||||||
Non-conforming buildings and uses | P/S | P/S | P/S | P/S | P/S | P/S | P/S | P/S | 26 | |
Nursing, convalescent and extended care facilities | 2 | P | P | P | ||||||
Open air sales, accessory | A | A | A | A | 51 | |||||
Open storage | 3 | A | A | A | 27 | |||||
Parking lots as principal use of zoning lot (Must meet requirements of § 154.144) | 2 | P | P | P | ||||||
Personal services | 1 | P | P | P | ||||||
Photographic lab facility; commercial | 2 | P | P | P | P | |||||
Photographic lab facility; 1-hour type | 2 | P | P | P | ||||||
Photography studio with lab for in-house use only | 1 | P | P | P | ||||||
Place of assembly (does not include churches) | 3 | P | P | P | 39 | |||||
Planned Unit Development (PUD) | S | S | S | S | S | S | S | S | ||
Printing and publishing | 2 | P | P | P | P | |||||
Produce/farmers market | 1 | P | P | P | ||||||
Produce sales; temporary | P | P | P | 50 | ||||||
Professional residential facility (structured environment; halfway houses) | 2 | S | S | |||||||
Professional services | 1 | P | P | P | ||||||
Public use facility | 2 | S | S | S | S | S | S | S | S | 54 |
Radio and television receiving antenna and dish, accessory | A | A | A | A | A | A | A | A | 28 | |
Railroad classification yard | 3 | P | ||||||||
Recreation and amusement services (commercial does not include game rooms) | 2 | P | P | P | ||||||
Recreational vehicle/travel park camp | 3 | S | S | |||||||
Recycling center | 2 | P | P | P | ||||||
Recycling collection point | 2 | A | A | A | A | P | P | P | P | 25 |
Recycling plant | 3 | P | P | |||||||
Rehabilitation center | 1 | P | P | |||||||
Rental/sales of commercial vehicles and heavy equipment | 3 | P | P | A | 29 | |||||
Rental/sales of domestic vehicles | 2 | P | P | A | 29 | |||||
Repair services | 2 | P | P | P | ||||||
Research activities | 2 | P | P | |||||||
Retail convenience goods (accessory use allowed in PUD only) | 2 | A | A | A | A | P | P | P | 30 | |
Retail shoppers goods (accessory use allowed in PUD only) | 2 | A | A | A | A | P | P | P | 30 | |
School; business | 2 | P | P | P | ||||||
School; technical/ vocational | 2 | P | P | P | P | |||||
Schools, nursery/ preschools and the like | 2 | S | S | S | S | P | P | 31 | ||
Schools; public, private, elementary and high school | 2 | S | S | S | S | P | P | 32 | ||
Seasonal sales; temporary | P | P | P | 50 | ||||||
Service station | 2 | P | P | P | P | |||||
Sign painting | 2 | P | P | P | ||||||
Solar farm | S | P | P | 52, 53 | ||||||
Stable; commercial | 2 | S | P | P | ||||||
Structure, accessory; no mobile homes, tractor trailer bodies, nor roll-offs permitted. Refer to Notes 1 and 33 | A | A | A | A | A | A | A | A | 33 | |
Taxi stand | 1 | P | P | P | P | P | ||||
Telecommunication towers (see § 154.097) | See § 154.097
|
P/S | P/S | P/S | P/S | P/S | P/S | P/S | P/S | |
Temporary portable building; construction related | A | A | A | A | A | A | A | A | 34 | |
Transfer station | 3 | S | S | |||||||
Truck terminal | 3 | P | P | |||||||
Uses; customary accessory | A | A | A | A | A | A | A | A | ||
Vehicle towing operation | 3 | P | P | |||||||
Warehouse | 3 | P | P | |||||||
Watershed Overlay District (storage of hazardous waste) | S | S | S | |||||||
Wholesale distribution | 3 | P | P | |||||||
Yard sales | A | A | A | A | 35 | |||||
P = Permitted as principal use in district S = Permitted by special use permit only A = Permitted as an accessory use only | ||||||||||
(1981 Code, § 400-1, Article 400, Table 400-2) (Ord. passed 6-28-2004; Am. Ord. passed 11-23-2009; Am. Ord. passed 7-6-2015; Am. Ord. passed 7-11-2016; Am. Ord. passed 3-23-2020; Am. Ord. passed 8-8-2023)
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