Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE IV
Establishment of Zones
§ 305-6 Enumeration of zones.
A.
For the purpose of this chapter, the Village of Cayuga Heights is hereby divided into the following zones, also sometimes referred to as "districts":
Residence |
Multiple Housing |
Commercial |
Planned Development Zone |
Planned Unit Development[1] |
Natural Resources Overlay |
[1]
Editor's Note: Add per L.L. No. 1-1993.
B.
Said zones are set forth on the map accompanying this chapter, the Village of Cayuga Heights Zoning Map (the "Zoning Map"), dated September 13, 2022, and signed by the Village Clerk. Said map and all explanatory matter thereon and amendments thereto are hereby made a part of this chapter and are on file in the Village offices.
§ 305-7 Zone boundaries.
Where uncertainty exists with respect to the exact boundaries of the various zones as shown on the Zoning Map, the following rules shall apply:
A.
Where zone boundaries are indicated as approximately following the center lines of streets or highways or street or highway right-of-way lines, such center lines or street or highway right-of-way lines shall be construed to be said boundaries.
B.
Where zone boundaries are indicated as approximately following lot lines as shown on plots of record at the time this chapter becomes effective, or lot lines on plots of record at the time of any amendment rezoning an area, then such lot lines shall be construed to be said boundaries.
§ 305-8 Prohibition of uses.
All uses not specifically set forth as permitted uses in a zone are prohibited as uses in that zone. A use specifically permitted in one zone is not permitted in any other zone, less restrictive or otherwise, unless specifically enumerated as a permitted use in such other zone.
§ 305-9 Nonconforming uses of land.
A.
Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1)
Such nonconforming use must not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2)
Such nonconforming use must not be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter; and
(3)
If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land must conform to the regulations specified by this chapter for the zone in which such land is located.
B.
Any use made of any land in the Village prior to the enactment of this chapter not expressly permitted under Article IX, Section 2, 3 or 4, of the Village's former Zoning Ordinance was not a permitted lawful use under the former Zoning Ordinance, and such use is not a preexisting nonconforming use under this chapter.
§ 305-10 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in a way which increases its nonconformity;
B.
Should such structure be destroyed by any means, in whole or in part, it may be reconstructed in accordance with the provisions of § 305-13 below.
C.
Should such structure be moved for any reason for any distance whatever, it must thereafter conform to the regulations for the zone in which it is located after it is moved.
§ 305-11 Nonconforming uses of structures.
A.
If a lawful use of a structure, of portion of a structure, or of structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the zone under the terms of this chapter as amended, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a use not permitted by this chapter in the zone in which it is located may be enlarged, extended, constructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located or to a use permitted pursuant to § 305-13 below;
(2)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but such use must not be extended to occupy any land outside such building;
(3)
Any structure, portion of a structure, or structure and land in combination in or on which a nonconforming use is superseded by a permitted use must thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed;
(4)
When a nonconforming use of a structure, of portion of a structure, or of structure and land in combination ceases for a period of one year, the structure or structure and land in combination must not thereafter be used except in conformance with the regulations of the zone in which it is located;
(5)
Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure eliminates the nonconforming status of the land;
(6)
Where a nonconforming use exists in an area that has been or now requires site plan approval by the Village's Planning Board for any change of use, the nonconforming use may not be changed to any other use permitted in the zone until site plan approval has been obtained pursuant to the terms of this chapter.
B.
Any use made of any structure in the Village prior to the enactment of this chapter not expressly permitted under Article IX, Section 2, 3 or 4, of the Village's former Zoning Ordinance was not a permitted lawful use under the former Zoning Ordinance, and such use is not a preexisting nonconforming use under this chapter.
§ 305-12 Interruption of nonconforming use.
Notwithstanding the provisions above regarding cessation of nonconforming uses, for purposes of determining whether a nonconforming use has ceased for a period of one year, there shall be excluded from the calculation of the year period any period of time during which a nonconforming use was suspended solely because of a national emergency or temporary government restrictions (other than zoning restrictions). Upon termination of the national emergency or the temporary government restriction, the calculation of the year period shall resume.
§ 305-13 Restoration.
A.
Nothing herein shall prevent the continued use and substantial restoration and continued use of a nonconforming building damaged by fire, flood, earthquake, act of God, or act of the public enemy, provided that:
(1)
Such restoration is located on, and no larger than, the footprint of the structure prior to its destruction; and
(2)
Such restoration is completed within one year of the damage; and
(3)
The use of the building and the manner in which it was used prior to the loss is recommenced within one year of the damage.
B.
The time limits set forth above may be extended by the Village's Zoning Board of Appeals using the same criteria as are applied in determining applications for an area variance. An application for an extension shall be brought no later than six months after the expiration of the year period, or six months after the expiration of any previously granted extension.
§ 305-14 Zoning Board of Appeals determination.
The Zoning Board of Appeals shall have the jurisdiction to hear and determine any claims as to whether a particular use is a valid nonconforming use, or whether a nonconforming use has been improperly extended or enlarged, or any other matter relating to nonconforming uses. Such jurisdiction may be exercised by an appeal from a decision of the Code Enforcement Officer as hereinafter provided, or by direct application to the Board of Appeals in those instances where there is no application for a permit or certificate before the Code Enforcement Officer. Any such direct application to the Board of Appeals shall be made on such forms and contain such information as the Board and/or the Code Enforcement Officer may determine and shall be delivered to the Code Enforcement Officer for submission to the Board in accordance with the procedures set forth in Article XX.