Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE V
Residence Zone
§ 305-15 Purpose.
The purpose of the Residence Zone is to maintain areas almost exclusively residential in nature with minimal intrusion of commercial, industrial, agricultural, or other uses that could be detrimental to residential development and occupancy or value, and to balance future development with the existing scale, density, and character of traditionally residential neighborhoods.
§ 305-16 Permitted principal uses.
No building shall be erected or extended and no land or building shall be used in the Residence Zone for other than any of the following purposes:
A.
A one-family residence to be occupied by:
(1)
One family plus no more than two other unrelated occupants; or
(2)
Where there is no family, no more than three unrelated occupants.
B.
A one-family residence with a secondary self-contained accessory apartment, i.e., a residence with two dwelling units, identified by the Tompkins County Department of Assessment as a "two family residence," the building to be occupied by a total of:
(1)
One family plus no more than three other unrelated occupants; or
(2)
One family in each unit with no additional unrelated occupants; or
(3)
Where there is no family, no more than four unrelated occupants.
One-Family Residence | Two-Family Residence | ||||
|---|---|---|---|---|---|
1 family | + | 2 unrelated | 1 family | + | 3 unrelated |
No family | + | 3 unrelated | 1 family | + | 1 family |
No family | + | 4 unrelated | |||
C.
Public school, grades pre-K through 12;
D.
Church or other place of religious worship;
E.
Cemetery and the buildings and structures incident thereto;
F.
Any municipal or public utility purpose approved by the Village's Board of Trustees;
G.
Publicly owned park or playground, including accessory buildings and improvements;
H.
Activities of an individual engaging in home gardening by growing flowers, vegetables, and other plants primarily for use by that person and his or her family or occupants of the dwelling and not for commercial purposes;
I.
Golf course, except a driving range or a miniature golf course conducted on a commercial basis independent of a golf course;
J.
Group home, as regulated by New York State;
K.
Family type home for adults, as defined in the New York State Social Services Law, subject to the approval of a special use permit by the Village's Planning Board, in accordance with the procedures set forth in Article XIX;
L.
Use of a dwelling unit or a portion of a dwelling unit for short-term rental is permitted only when the residence containing the dwelling unit is the primary residence of the property owner and only as an accessory use pursuant to § 305-17I.
M.
Residences containing only two dwelling units where one dwelling unit is not less than 50% of the floor area of the other dwelling unit and/or where one dwelling unit is not subordinate in location and appearance to the other dwelling unit are prohibited.
§ 305-17 Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted in the Residence Zone:
A.
Off-street garage or parking spaces for the occupants, users, and employees in connection with uses permitted in this article and meeting requirements as set forth in Article XII;
B.
Private swimming pool, tennis court, and other similar recreational facilities for the principal private use of the occupants of the dwelling where the principal use is as a one-family dwelling;
C.
The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.), provided that no more than three household pets shall be kept outside of a dwelling unit unless a greater number is authorized by special approval of the Village's Zoning Board of Appeals;
D.
Signs, as regulated by Article X;
E.
Home occupations meeting all of the following requirements:
(1)
An area of no more than 25% of the floor space of the residence, whether the home occupation is conducted in the residence or in an accessory building, or 500 square feet, whichever is less, shall be used for the home occupation;
(2)
Not more than one person, full- or part-time, other than individuals permitted in accordance with this chapter to occupy such residence, shall be employed in the conduct of the home occupation;
(3)
The owner and chief operating officer of the business must be a full-time resident of the property on which the home occupation is conducted;
(4)
Except for articles produced on the premises, no merchandise of any kind shall be sold on the premises;
(5)
No exterior display or sign except as permitted by Article X, no exterior storage of materials, equipment (including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district, or surrounding neighborhood;
(6)
No offensive noise, vibration, smoke, dust, odor, heat, glare, or electronic disturbance shall be produced beyond the boundary line of the property occupied by the home occupation;
(7)
There shall be permitted no sharing, letting, or subletting of space used in the home occupation for use by others in the conduct of their profession, trade, or business;
(8)
The conduct of the home occupation shall not be detrimental to the residential character of the lot at which it is conducted nor of the surrounding neighborhood, including, but not limited to, by generating traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation, whether for employees, customers or deliveries, shall be met off the street and in accordance with Article XII and § 305-90F(1)(b) and any other regulation of this chapter;
(9)
All activities conducted in connection with the home occupation must be conducted wholly within the residence or accessory building;
(10)
No alteration to the exterior of the principal residential building shall be made which changes the character thereof as a dwelling;
F.
Garage sales providing that no more than two garage sales are held for any one premises in any one calendar year;
G.
Tree house or playhouse providing it is located in the rear yard and is equal to or less than 100 square feet in area;
H.
Family day-care home and group family day-care home, as defined in the New York State Social Services Law, § 390;
I.
Short-term rental of a residence or a portion of a residence, meeting all of the following requirements:
(1)
Compliance with all federal, state, county, and local laws, codes, rules and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code.
(2)
Permitted short-term rental types:
(a)
Rental of a residence or a portion of the residence, such as a secondary self-contained accessory apartment or a room contained in a residence, for a maximum of 14 days total in any calendar year, provided that the owner of the residence or his/her agent is available locally in order to respond in a timely manner to complaints regarding the condition of the residence or the property at which the residence is located or regarding the conduct of occupants of the residence;
(b)
Rental of a secondary self-contained accessory apartment for a maximum of 28 days total in any calendar year, provided that the owner of the residence is present in the residence during the term of the rental;
(c)
Rental of a room contained in a residence for a maximum of 28 days total in any calendar year, provided that the owner of the residence is present in the residence during the term of the rental, only one room per residence is so rented at any given time, and occupancy of the rented room does not exceed two persons.
(d)
The maximum time limits stated in Subsection I(2)(a) through (c) above are not cumulative. Short-term rental of a residence or a portion of a residence shall not exceed 28 days total in any calendar year, regardless of whether the residence owner is present in the residence during the term of any rental, and regardless of the type or types of short-term rental use among those described above in Subsection I(2)(a) through (c).
(3)
Short-term rental registration permit:
(a)
Prior to use of a residence or any part thereof for short-term rental, the owner of the residence must obtain a registration permit from the Village.
(b)
The registration permit application may be completed online through the Village's website or in person at the Village Office.
(c)
The registration permit fee is $150 per year.
[Amended 10-19-2022 by L.L. No. 4-2022]
(d)
The registration permit must be renewed annually and the permit fee paid annually upon renewal.
(e)
The registration permit number must be included in any online or print advertisement for the short-term rental, and a short-term rental shall not be advertised without a valid registration permit.
(f)
Registration permit requirements shall go into effect as of the date three months from adoption of this chapter.
(4)
Visitor's log:
(a)
The owner of any residence used for short-term rental must maintain a visitor's log that clearly states the dates of each rental, the number of visitors, the location within the residence (single room, single dwelling unit, or entire residence), and whether or not the owner was present in the residence during the term of the rental.
(b)
A copy of the visitor's log must be provided to the Village's Code Enforcement Officer within 10 business days following written request, and a copy of the previous year's log must be submitted with any registration permit renewal application.
(5)
Penalties:
[Amended 10-19-2022 by L.L. No. 4-2022]
(a)
The penalty provisions of § 305-113 below shall not apply to any violation of the provisions of this § 305-17I, and the following provisions shall apply to any such violation.
(b)
If the owner of any residence who uses the residence or any part thereof for short-term rental in violation of the requirements of this section, whether in violation of registration permit requirements, in violation of the maximum time limits stated in Subsection I(2)(a) through (c) above, or otherwise, each such violation shall be punishable by a fine of $300, and, if the owner has a current registration permit, the registration permit shall be revoked for the current year.
(c)
Each additional violation, including, but not limited to, each additional night rented beyond the limits stated in Subsection I(2)(a) through (c), shall constitute a separate and new violation, and each new violation shall be punishable by a fine of $300.
(d)
[1]In addition to any penalties imposed by this section, an owner found in violation of this section shall be liable for any costs and reasonable attorney's fees incurred by the Village of Cayuga Heights related to the enforcement of these provisions against the owner.
[1]
Editor's Note: Former Subsection I(5)(d), regarding the penalty for advertising a short-term rental prior to obtaining a current registration permit, was repealed 10-18-2023 by L.L. No. 5-2023. This local law also redesignated former Subsection I(5)(e) and (f) as Subsection I(5)(d) and (e), respectively.
(e)
All penalties assessed in accordance with this section, including all costs and reasonable attorney's fees, shall constitute a lien and charge on the real property on which such lien is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges against such real property.
(6)
Any variance requested for short-term rental of a residence or a portion of a residence shall be considered a use, and not an area, variance, in accordance with Zoning Board of Appeals procedures set forth in Article XX.
J.
Solar energy collectors in accordance with the requirements of this article and the requirements of Article XV.
K.
The keeping of chicken hens (hens), but no roosters nor other type of poultry, for personal use only, subject to the following conditions:
[Added 8-21-2018 by L.L. No. 7-2018]
(1)
A maximum of six hens per property;
(2)
Hens must be kept in an enclosed coop that is locked every night with a minimum enclosed coop size of four square feet per hen and a maximum coop size of 30 square feet;
(3)
Hens shall have access to a run which must be fenced with a minimum run size area of 10 square feet per hen;
(4)
Coops, and runs shall be located in a side or rear yard with a minimum setback of 25 feet from the lot line;
(5)
All dead, diseased, or severely ill hens shall be properly disposed of immediately;
(6)
Cruel treatment of hens is prohibited;
(7)
Any coop, run, and fencing deemed to be in poor condition by the Village's Code Enforcement Officer must be repaired as soon as possible;
(8)
Hen feces not properly disposed of and any objectionable odor shall be considered health hazards and must be remedied immediately;
(9)
Hens may not run loose outside the coop or run.
L.
Portable sheds meeting all of the following requirements:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Neither has a permanent foundation nor is affixed by any means to the ground;
(2)
May not be occupied by persons;
(3)
Has no heat, electricity, air-conditioning, or water service, and has no connection to any public utility;
(4)
Dimensions:
(a)
Maximum area of 144 square feet, including any roof eaves or overhangs;
(b)
Maximum height of 10 feet, measured from the lowest point of the grade to the peak of the roof;
(c)
No exterior wall greater than eight feet in height, measured from the lowest point of the grade to the top of the wall;
(d)
No exterior wall greater than 12 feet in length.
(5)
Compliance with the following yard setback restrictions, measured at right angles to the property lines:
(a)
Front yard: 25 feet.
(b)
Side yard: three feet.
(c)
Rear yard: three feet.
(6)
No more than one portable shed will be allowed on any lot; and
(7)
The square footage of a portable shed shall not be included in lot coverage calculations.
§ 305-18 Height of buildings.
A.
No building or structure in the Residence Zone shall exceed 25 feet in height.
B.
The height of a building shall be measured from the lowest point of the existing grade at the building foundation to the average height between eaves and ridge for pitched roofs and to the highest part of the parapet for flat roofs.
C.
In cases where the proposed finished grade is higher than the existing grade, the change must be approved by the Code Enforcement Officer at the time of issuance of the building permit.
D.
The height limitations of § 305-18 shall not apply to chimneys, ventilators, skylights, or other necessary features ordinarily extending above roofs nor to spires of churches or other buildings if such features are in no way used or usable for living purposes.
§ 305-19 Yard regulations.
A.
Buildings in the Residence Zone shall be set back from property lines the following minimum dimensions, said dimensions to be measured at right angles to the property lines:
(1)
Front yard: 25 feet;
(2)
Side and rear yards: 15 feet.
B.
The front yard in each case shall be measured from the front lot line.
C.
For any yard that abuts a public or private street, the front yard requirement shall apply.
D.
Yard requirements specified above shall be the same in the case of swimming pools.
E.
No automobile parking area shall be permitted in any required front yard, except in the case of a front yard of a residence housing not more than two families.
§ 305-20 Lot coverage.
A.
No building or buildings shall be erected or extended so as to exceed coverage of 12% of the area of a lot.
B.
In computing the lot coverage, the following shall be included:
(1)
The area of any accessory buildings;
(2)
Carports, open at the sides and roofed;
(3)
Unroofed porches or decks, the surface of which is over two feet above the surface of the underlying ground as finally graded;
(4)
Areas covered by building eaves extending in excess of three feet.
C.
In computing the lot coverage, the following shall not be included:
(1)
Areas covered by overhanging building eaves of three feet or less;
(2)
Unroofed swimming pools;
(3)
Unroofed parking areas.
§ 305-21 Size of lots.
Lots shall have a minimum average width of 125 feet and a minimum average depth of 150 feet.
§ 305-22 Frontage on public street.
Each lot shall have minimum frontage on a public street of 75 feet, with the exception of lots in a cul-de-sac in a subdivision approved by the Planning Board, in which case lots may have such frontage as shown on the approved subdivision plan.
§ 305-23 Parking.
Parking requirements shall be as set forth in Article XII.