Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE VII
Commercial Zone
§ 305-33 Purpose.
The purpose of the Commercial Zone and the following regulations is to establish certain areas where retail businesses and other commercial uses of land will be encouraged to meet the needs of Village residents and to establish standards by which development in these areas shall occur while protecting and preserving the character of the adjoining Residence Zone.
§ 305-34 Permitted principal uses.
No building shall be erected or extended and no land or building shall be used in the Commercial Zone for other than any of the following purposes:
A.
Any principal use permitted in the Residence Zone or in the Multiple Housing Zone.
B.
The following retail uses, provided that the interior floor area is 5,000 square feet or less:
(1)
Retail store (other than a retail store expressly referred to elsewhere in this Article VII) where goods are sold only from inside the store and rental of goods does not generate in excess of 10% of the store's revenues;
(2)
Food store/grocery;
(3)
Sales of candy, ice cream, gifts, flowers, and similar small items;
(4)
Arts and crafts gallery/studio;
(5)
Photography store/studio;
(6)
Drugstore/pharmacy;
(7)
Florist;
(8)
Bicycle sales/repairs which may include outside displays;
(9)
Bakery;
(10)
Hardware store;
(11)
Painting and decorating boutique;
(12)
Frame shop.
C.
The following personal service retail uses provided that the interior floor area is 5,000 square feet or less:
(1)
Bank, or offices of a real estate brokerage or management, stock brokerage, financial advising or planning, insurance agency or other financial institution;
(2)
Barbershop or beauty salon;
(3)
Milliner/dressmaker/tailor;
(4)
Shoe maker/shoe repair;
(5)
Caterer;
(6)
Photocopying and printing;
(7)
Optician;
(8)
Decorator;
(9)
Packing and shipping.
D.
Business, professional, administrative, or governmental office, provided that the interior floor area is 5,000 square feet or less.
E.
Fire station and emergency medical services.
F.
The following uses, provided that the area on which construction occurs is 5,000 square feet or less (excluding underground utilities):
(1)
Any municipal utility or public utility purpose necessary to the maintenance of utility services, except that substations and similar structures shall be subject to the same setback requirements as apply to buildings in the Commercial Zone.
§ 305-35 Principal uses permitted only with special use permit approval.
The following uses are permitted in the Commercial Zone, 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:
A.
Any of the uses set forth in § 305-34 above as being permitted as of right in which case the interior floor area for such use exceeds 5,000 square feet but does not exceed 10,000 square feet;
B.
The following uses provided that the area on which construction occurs exceeds 5,000 square feet but does not exceed 10,000 square feet (excluding underground utilities):
(1)
Any municipal utility or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to buildings in the Commercial Zone.
C.
Bank or other financial institution with a drive-through facility consisting of no more than a total of two drive-through lanes, each lane either being served by a teller or providing an automatic teller machine;
D.
Child day-care center or adult day-care facility;
E.
Clubhouse or lodge;
F.
Community center;
G.
Laundromat, dry cleaning (self-service or pickup);
H.
Restaurant, deli, sandwich shop or coffee shop;
I.
Health club or fitness center;
J.
Gas station or electric charging station;
K.
Wine or liquor store;
L.
Tavern, bar, or pub;
M.
Spa;
N.
Car share service;
O.
Telecommunications tower and/or facility;
P.
Any other lawful use, not otherwise specifically referred to in this Article VII, that the Planning Board finds is substantially similar to a use permitted in the Commercial Zone, either as of right in § 305-34 above, or with the approval of a special use permit in § 305-35, and which use the Planning Board determines does not have greater adverse impact upon traffic, noise, air quality, parking, or any other attribute reasonably relevant, than a use permitted as of right in § 350-34 above.
§ 305-36 Permitted accessory buildings and uses.
The following accessory buildings and uses are permitted in the Commercial Zone:
A.
Accessory buildings and uses permitted in the Multiple Housing Zone;
B.
Automobile parking, in accordance with the requirements of this article and the requirements of Article XII;
C.
Signs, in accordance with the requirements of Article X;
D.
Solar energy collectors in accordance with the requirements of this article and the requirements of Article XV.
§ 305-37 Height of buildings.
A.
No building or structure in the Commercial Zone shall exceed two stories or 35 feet in height, except as provided otherwise in § 305-37B.
B.
A three-story building not exceeding 45 feet in height may be erected, provided that at least 75% of the building's ground level floor area is occupied by neighborhood retail uses, such as a restaurant, cafe, tavern or bar, market, drugstore, day spa, or salon. Approval of a neighborhood retail use shall be determined by the Village's Planning Board through the site plan review procedure.
C.
The height of a building shall be measured from the lowest point of the existing grade at the building foundation to the highest point of the building.
D.
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.
E.
The height limitations of § 305-37 shall not apply to chimneys, ventilators, skylights, or other necessary features ordinarily extending above the roofs of commercial buildings, nor to spires of churches or other buildings if such features are in no way used or usable for living purposes, and these features will not be considered in determining the height of a building.
§ 305-38 Building setbacks.
A.
Buildings in the Commercial Zone shall be set back from property lines a minimum of 35 feet, said dimension to be measured at right angles to the property lines.
B.
Where the Commercial Zone abuts another zoning district, setback distance will be contingent on building height such that:
(1)
From the front property line, setbacks shall equal the maximum height of the building, but in no case less than 35 feet;
(2)
Side and rear property lines:
(a)
From the side and rear property lines, setbacks shall equal 1 1/2 times the maximum height of the building on the side facing the respective side and rear property lines and not less than 35 feet, but are not required to be greater than 60 feet; and
(b)
A vegetative screen shall be installed to mitigate visual, sound, and other impacts of the commercial use(s), subject to Planning Board approval.
§ 305-39 Lot coverage.
A.
No building or buildings shall be erected or extended so as to exceed coverage of 25% 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.
§ 305-40 Size of lots.
Lots shall have a minimum width of 125 feet and a minimum depth of 150 feet.
§ 305-41 Frontage on public street.
Each lot shall have a minimum frontage on a public street of 125 feet, with the exception of lots in a cul-de-sac in a subdivision approved by the Planning Board, in which case they may have such frontage as shown on the approved subdivision plan. This chapter shall apply to any lots hereinafter subdivided or developed by placing a building thereon.
§ 305-42 Parking.
Parking requirements shall be as set forth in Article XII.