Cato Town City Zoning Code
ARTICLE VI
Regulations Applicable to All Zoning Districts
§ 114-16 District regulations and dimensional requirements.
District regulations.
The regulations for each district pertaining to minimum lot size, minimum lot width, minimum front setback, minimum side setback, minimum rear setback, maximum building coverage, and maximum building height shall be as specified in this section, subject to the further provisions of this chapter.
Table of dimensional requirements.
Town of Cato Zoning Dimensional Requirements Table | |||||||
|---|---|---|---|---|---|---|---|
District/Use | Minimum Lot Size (acres) | Minimum Lot Width (feet) | Minimum Building Setbacks | Maximum Lot Coverage | Maximum Building Height (feet) | ||
Front (feet)* | Side (feet) | Rear (feet) | |||||
Agricultural (A) | |||||||
Agricultural structure as the principal structure | 1 | 200 | 80/120* | 15 | 15 | 40% | n/a |
Non-agricultural structure as the principal structure | 1 | 200 | 80/120* | 15 | 15 | 40% | 40 |
Residential (R) | |||||||
Residential District | 1 | 200 | 80/120* | 15 | 15 | 40% | 40 |
Waterfront Residential (W) | |||||||
Waterfront District | 1/2 | 50 | 30/120* | 15 | 15 | 60% | 25 |
* | 120 feet setback applies when the lot fronts State Highways 34 or 370 |
Applicable to All Zoning Districts | ||
|---|---|---|
Use | Summary of Dimensional Requirements | Reference |
Accessory structure | Minimum 15 feet side and rear setback; for detached structures, a minimum 10 feet setback from principal structure; maximum height for unattached accessory structures is 20 feet from the peak of the structure to the highest point on the ground on the side nearest the street. | § 114-17 |
Utility scale solar energy system | 85 feet minimum setback from all property lines; 15 feet maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground. | § 114-50 |
Nonutility scale solar energy system | Must comply with height and setback restrictions that are applicable to the principal use in the applicable zoning district. | § 114-49 |
Small wind energy conversion system | 125 feet maximum total height; minimum setback of 1.5x the total height of the WECS from all property lines and other items as established in Article XI. | § 114-58C; |
Very small wind energy conversion system | 50 feet maximum total height; minimum setback of 1.5x the total height of the WECS from all property lines and other items as established in Article XI. | |
Except as hereinafter provided:
No lot shall be so altered that the area of the lot or the dimensions of setbacks or other open spaces are smaller than herein prescribed.
No building, structure or land shall be occupied or used and no building structure or part thereof shall be erected, moved, altered or the use there of changed unless in conformity with the regulations herein specified for the district in which it is located.
The lot or setback areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter (e.g., such as required parking area).
All setbacks shall be measured according to the definition for setback provided in § 114-2 of this chapter.
Building height shall be measured from grade plane, as defined in the NYS Uniform Fire Prevention and Building Code.
Only one principal building shall be permitted on any lot.
Exceptions to minimum lot sizes and lot widths.
Other provisions of this chapter notwithstanding, nothing shall prohibit the use of a lot of less than the required area and lot width for a dwelling in any district, provided that:
The provisions of Article VI shall not prevent the construction of a single-family dwelling, provided the dimensional requirements are complied with on any lot which was lawful when created, provided the dimensional requirements then specified are observed, and which prior to the effective date of this chapter was in separate ownership duly recorded by plan or deed.
Exemption of lots shown on approved subdivision plats shall be made in accordance with the provision of the New York State Town Law Article 16, § 265-a.
Exceptions to maximum building height.
District height limitations shall not apply to:
Churches, schools, hospitals, water supply towers and other public and quasi-public buildings, provided that for each foot by which the height permitted in the district is exceeded, the side, front and rear yards required in the district shall be each increased an additional foot.
Farm structures, church spires, belfries, cupolas, domes, radio towers, monuments, television antennas, observation towers, flagpoles, ventilators, skylights, water tanks and necessary appurtenances usually carried above roof levels. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
Projections into required setbacks.
Projections into required setbacks shall be permitted as follows, except that no such projection shall be located closer than 10 feet to any side or rear lot line or 20 feet to any front lot line.
Fire escapes, canopies, eaves, steps, ramps, or other architectural features not required for structural support may project into the required front, side, or rear setback not more than a total of five feet.
Porches may project into the required front or rear setbacks up to 10 feet.
Patios may be located in the required side or rear setbacks not closer than 10 feet from any adjacent property line.
Unique lots and building locations.
Side setback of a corner lot. The side setback of a corner lot which abuts a street, shall be equal to the required front setback for that street.
Regulations for residential structures.
Minimum habitable floor area. Every dwelling unit shall have a minimum habitable floor area of 320 square feet. Habitable floor area shall not include area contained in basements, attics, or garages.
Additional requirements for manufactured homes.
Manufactured homes shall only be used as a dwelling unit.
Manufactured homes shall be constructed in conformity with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. § 5401, et. seq.). Manufactured homes must meet all provisions, requirements, and definitions found in Appendix E: Manufactured Housing Used as Dwellings in the Residential Building Code section of the NYS Uniform Fire Prevention and Building Code, including:
Is a structure transportable in one or more sections which, in the traveling mode, is eight feet or more in width or 40 feet or more in length, or when erected on site, is 320 or more square feet.
Is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities.
Is installed on a permanent foundation with all towing devices, wheels, axles, and hitches removed, and skirted as described by the NYS Uniform Fire Prevention and Building Code.
For manufactured homes built prior to June 15, 1976, a label certifying compliance with the Standard for Mobile Homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture, is required.
Any additions to a manufactured housing unit shall comply with Subchapter AE102 of the NYS Uniform Fire Prevention and Building Code.
When an existing manufactured unit is replaced, the replacement shall conform to all requirements of this chapter.
Traffic visibility across corners.
On any corner lot, no wall, fence, or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth except agricultural crops shall be maintained which may cause danger to traffic on public streets by obscuring the view. Visual obstructions shall be limited to a height of not more than three feet above street level within the triangular area bounded by the street lines and a straight line drawn between points on each such street line 50 feet from the intersection of said street lines. See Figure 2.
Where a private access way intersects a public street, visual obstructions shall be limited to a height of not more than three feet above street level within the triangular area bounded by the street line, the edge of the private access way, and a straight line drawn between points on both the street line and the edge of the access way 10 feet from the intersection of said lines. See Figure 3.
 Figure 2: How to Measure a Sight Triangle on a Corner Lot |  Figure 3: How to Measure a Sight Triangle at a Driveway |
§ 114-17 Accessory structures.
Accessory structures attached to the principal building, except for fences (see Subsection D, below) shall comply in all respects with the requirements of this chapter applicable to the principal building.
Accessory structures that are not attached to a principal structure may be erected in accordance with the following restrictions:
Accessory structures are not permitted in front setbacks with the exception of signs, off-street parking facilities, and farm stands.
The height of an unattached accessory structure shall not exceed 20 feet from the peak of the structure to the highest point on the ground on the side nearest the street.
An unattached accessory structure shall not be a building, structure, or other assemblage of materials designed for, or customarily used as, a principal structure allowed under this chapter.
Docks. Docks are permitted as accessory structures on the Seneca River, Cross Lake, Otter Lake, and Parker Pond, and shall meet the following additional conditions:
Side setbacks of 15 feet shall apply;
Only one dock is permitted per 50 feet of shoreline;
Docks shall not exceed eight feet in width;
No dock shall interfere with access to other docks;
Livery services, motorized equipment rentals, and commercial sales are not permitted; and
There shall be no sale of marine fuel from a dock.
In addition to Town approval, docks are subject to NYS DEC, NYS OPRHP and Army Corp of Engineer regulations and permits. Property owners shall be responsible for obtaining all necessary permits from any applicable state or federal agency.
Fences and walls.
Unless specifically noted, the provisions of this chapter shall not apply to fences, terraces, or walls less than five feet in height above the average natural grade, nor to terraces, steps, or other similar features not over three feet high above the level of the floor of the ground story.
Fence heights are limited to six feet in height above the natural grade, except that a height of eight feet above the natural grade shall be permitted between adjacent commercial and residential uses to provide additional screening.
The finished side of the fence shall face outward from the fence owner's lot line so that the nicest side of the fence faces neighboring properties or an adjacent street.
Home gardening, nurseries, and greenhouses. Home gardening, and accessory structures used for nurseries or as greenhouses, are permitted in residential areas.
Lampposts. Lampposts shall not exceed 25 feet in height and the light emitted may not leave the property line. Lampposts in the Agricultural Zoning District are exempt from this height limitation.
Swimming pools. A single private outdoor swimming pool per dwelling unit is permitted as an accessory use provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests, subject to the following provisions:
§ 114-18 Signs.
In the Residential, Waterfront Residential and Agriculture Zoning Districts, no sign shall be erected or used except:
A professional or announcement sign, which may be illuminated on one or two faces but shall not be flashing, revolving, animated or otherwise in motion nor more than nine square feet in area on each face.
A non-illuminated temporary advertising sign not more than nine square feet in area for the sale or rental of the property on which it is located.
An advertising sign, which may be illuminated but shall not be flashing nor more than 24 square feet in area, for the sale of products grown or produced or a business conducted on the premises upon which the sign is located.
Signs appropriate to a public building and signs incidental to legal process and necessary to the public welfare.
In the Residential and Agriculture Zoning Districts, no sign shall be located nearer to a road right-of-way line than 10 feet.
In a PDD with a commercial use, no sign shall be erected or used except:
Those permitted in Residential Districts.
Signs, which may be illuminated on one or two faces, not flashing, revolving, animated or otherwise in motion and not more than 100 square feet in area, advertising a business conducted on the premises.
Signs located at least 20 feet from the nearest lot line or road right-of-way line.
General.
No sign in any district may extend over a sidewalk or other public right-of-way.
Zoning permits shall be required for all signs 10 square feet in area or larger, and such signs shall be regarded as structures within the meaning of this chapter. The permits shall be renewable each year as per the fee schedule, provided that the sign is properly maintained and is in conformance with the requirements of this chapter.
No use in any district shall make exterior displays of more than three signs of any size.
Advertising display upon a barn or other building or structure shall be regarded as coming within the above regulations.
In any district, illuminated signs shall be erected and used so that their light will not directly reflect toward Residential districts within 1,000 feet thereof.
No sign of more than nine square feet in area shall be erected at a distance of less than 120 feet from the intersection of the center lines of two or more roads.
A permit shall be needed for a temporary sign over 10 square feet, which shall be allowed for four consecutive months in a calendar year.
Political signs shall be removed no later than three days after the election or referendum for which said signs were placed.
§ 114-19 Minimum required off-street parking and loading space.
Off-street parking. Adequate off-street parking spaces for motor vehicles shall be provided and satisfactorily maintained for each building constructed after the date on which this chapter becomes effective.
Required off-street parking and loading spaces. The following off-street parking provision shall constitute the minimum space required for the following buildings and uses hereafter erected, converted or otherwise established in any district:
Town of Cato Zoning Required Parking | |
|---|---|
Use Types | Minimum Number of Spaces |
Agriculture | No public parking required. Spaces for workers, as necessary shall be provided. |
Bed-and-breakfast | 1 space per guest bedroom, plus 1 additional space per employee on the premises at 1 time. |
Farm stand | A sufficient number of off-street parking spaces to accommodate the maximum number of stopping vehicles at any 1 time, but in no case fewer than 3 such spaces. |
Home occupation | 2 spaces in addition to the requirements for the dwelling. |
Multifamily dwelling | 2 spaces per dwelling unit. |
Religious institution, library, and fire station | 1 off-street parking space for every 4 seats provided for patrons, customers, members or guests, plus 1 additional space for each full-time employee on the premises at 1 time. • Where places of public assembly are provided with benches rather than fixed undivided seats, each 2 linear feet of bench shall equal 1 seat. • Where no fixed seats are used, each 50 square feet of floor area shall equal 1 seat. |
Restaurant or drinking establishment | 1 space for each 50 square feet of floor area devoted to customer uses, plus 1 additional space for each employee on the premises at 1 time. |
Retail business establishment | 1 space per 150 square feet of gross floor area. |
Single-family dwelling | 3 spaces per dwelling unit. |
For all other uses, the number of parking spaces shall be prescribed by the Zoning Board of Appeals, which shall require enough parking spaces for the maximum number of motor vehicles that may reasonably be expected to assemble on the lot at any one time.
Loading and unloading space. Off-street loading and unloading space, sufficient to accommodate the maximum demand generated by the use of the lot, shall be provided on any lot on which a building for commercial use is hereafter erected or substantially altered. All off-street loading and unloading spaces shall have an all-weather surface to provide safe and convenient access and use during all seasons.