Canastota City Zoning Code
ARTICLE XIV
FW-1 Floodway Zone
§ 230-53 Purpose.
It is hereby found and declared that the unmanaged use, alteration of topography, excessive filling, channel encroachment or other act affect the natural discharge of water through floodplains and constitute a threat to the health, safety and welfare of the inhabitants of the Village of Canastota and to the economic vitality of the community. The purpose of the Floodway Zone is to protect the health, safety and welfare of the inhabitants of the Village from hazards due to periodic flooding. This protection shall include the protection of persons and property, the preservation of water quality and the minimizing of expenditures for relief, insurance and flood-control projects.
§ 230-54 Zone established.
A.
There is hereby established an FW-1 Zone to accomplish the purposes of this article. The boundaries of the Floodway Zone (FW-1) are delineated more specifically on the Zoning Map which is part of this article.[1] The delineation of the FW-1 Zone is based upon an area comprising the channel of a watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude. Less frequent floods up to and including one-hundred-year floods are covered in Article XV, the Floodway Fringe Over-Zone. This article does not imply that areas outside flood zone boundaries or land uses permitted within such district will be free from flooding or flood damage.
[1]
Editor's Note: The map is on file in the Village Clerk's office.
B.
The provisions of this zone shall take precedence over any other Zoning Article, Ordinance and Code, to the extent that the provisions of this zone are inconsistent with such other provisions.
§ 230-55 Permitted uses.
The following uses are permitted as of right:
A.
General farming, including but not limited to the growing of trees, vegetables, fruits, hay, grains and similar food and fiber crops, pasture and grazing.
B.
To the extent not otherwise prohibited by this chapter, animal husbandry, including the breeding and raising of cattle, sheep, horses, goats, pigs and rabbits.
C.
Sale of agricultural products grown, raised or produced on the premises.
D.
Residential.
E.
Commercial.
F.
Industrial.
G.
Open recreation uses such as parks, playgrounds, riding stables, golf courses, swimming clubs, driving ranges and tennis clubs.
H.
Wildlife, game and forest preserve.
I.
Off-street parking area.
J.
Lawn, garden and play area.
K.
Historic, scientific and scenic area preservation.
§ 230-56 Special uses.
The following uses and their accessory uses are permitted when authorized in accordance with Article XVI and after meeting the special provisions of this zone as contained in §§ 230-57 and 230-58:
A.
Building associated with the permitted use.
B.
Community center.
C.
Kennel.
D.
Circus, carnival and similar transient amusement enterprise.
E.
Street, bridge, utility transmission line and pipeline.
F.
Open storage uses such as parking area, auto machinery and material storage, except that items that are buoyant, flammable, explosive or could be injurious to human, animal or plant life in time of flooding are prohibited.
G.
Excavation and removal of sand, gravel, stone, loam, dirt or other earth products.
H.
Drive-in theater.
I.
Other uses of a similar nature as may be determined by the Board of Appeals.
§ 230-57 Dimensional requirements.
A.
The minimum front setback shall be 40 feet, measured from the roadway right-or-way line for all buildings.
B.
The minimum side and rear yard setback shall be 25 feet from the lot line, except when side or rear yards abut a street, when the minimum setback shall be 40 feet measured from the roadway right-of-way line for all buildings.
C.
Any building housing livestock or any noxious commodity shall be no nearer than 50 feet from any lot line.
D.
The maximum building height shall be two stories or 35 feet, whichever is the lesser; provided, however, that this regulation shall not apply to barns, silos, water towers or tanks, or other commercial or industrial structures, provided they are not less than 50 feet from every property line if they exceed said height limitation.
§ 230-58 Special provisions.
A.
No structure (temporary or permanent), fill for any purpose, deposit, obstruction, storage of materials or equipment or other uses shall be permitted which, acting alone or in combination with existing or future uses, will unduly affect the efficiency or the capacity of the floodway or unduly increase flood heights, cause increased velocities or obstruct or otherwise catch or collect debris which will obstruct flow under flood conditions.
B.
Structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters (i.e., longitudinal axis parallel to the direction of flood flow) and shall be firmly anchored to prevent flotation which may result in restrictions of bridge openings and other narrowing of the stream. Service facilities such as electrical and heating equipment shall be constructed at or above flood protection elevation for the particular area or shall be floodproofed.
C.
The Board of Appeals shall require that the applicant submit a plan certified by a qualified person, such as a builder, planner or professional engineer, that the floodproofing measures are consistent with the flood protection elevation and associated flood factors for the particular area. Floodproofing measures may be required for all buildings and structures, other than those which have a low food damage potential. Such measures may include the following where appropriate:
(1)
Anchorage to resist flotation and lateral movement.
(2)
Reinforcement of walls to resist water pressures.
(3)
Use of paints, membranes or mortars to reduce seepage of water through walls.
(4)
Addition of mass or weight to resist flotation.
(5)
Installation of pumps to lower water levels in structures.
(6)
Elevation of structures to or above the necessary flood protection elevation.