Cazenovia Town City Zoning Code
ARTICLE XV
General Provisions Applicable to all Districts
§ 165-55 Setback measurements.
All front yard setbacks as stated in this chapter shall be measured either perpendicular from the road center line of the abutting road or street, in the case of setbacks from the center of the road to the particular setback structure, or, in the case of a setback taken from the property line, from a point perpendicular from the closest portion of the property line as shown on a stamped survey.
§ 165-56 Density and dimensional regulations.
A.
Purpose. The Town of Cazenovia wishes to preserve its open space, provide opportunities for housing and develop according to the traditional character found in the Town, using flexible regulations for density and lot dimensions.
B.
Traditional subdivisions. Traditional subdivisions are subdivisions that comply with the minimum lot size requirements for traditional development as required throughout this chapter, without setting aside land as permanently protected open space. The Town wishes to strongly discourage this type of subdivision in new developments especially where it could have a potentially damaging impact on the Town's rural landscape and natural resources.[1]
[1]
Editor's Note: See Ch. 146, Subdivision of Land.
C.
Open space or conservation subdivisions. The Town wishes to encourage the use of open space or conservation subdivisions as a preferred alternative to traditional subdivisions. Open space or conservation subdivisions result in the preservation of contiguous open space and important environmental resources. Open space and conservation subdivisions must satisfy the standards set forth herein, as well as applicable subdivision regulations and laws.[2]
[2]
Editor's Note: See Ch. 146A, Conservation Subdivisions.
§ 165-57 Conservation density subdivisions.
See Chapters 146 and 146A of the Town Code, the Town of Cazenovia Subdivision Law and Conservation Subdivision Law, for regulations regarding conservation density subdivisions.
§ 165-58 Supplementary dimensional regulations.
A.
Setbacks from power lines. No permanent structure shall be erected within 100 feet of the outside conductor of a power line of 115 kilovolts or higher.
B.
Projections into required yards.
(1)
Except in the New Woodstock Hamlet Overlay District, the following projections into required yards may be permitted:
(a)
Steps and stairs: four feet (maximum) into required side or rear yards.
(b)
Awnings or movable canopies: six feet (maximum) into any required yard.
(c)
Cornices, eaves and other similar architectural features: three feet (maximum) into any required yard.
(2)
Carport. An open or enclosed carport shall be considered a part of the structure in the determination of the size of the required yard.
C.
Setbacks for accessory structures and uses.
(1)
Unless specifically addressed elsewhere in this chapter, in the case of any barn, garage, stable, tennis court, satellite dish (four feet in diameter or larger), swimming pool or in the case of any permitted accessory structure attached to a principal structure, all the minimum yard requirements of this chapter applicable to the principal structure shall be met.
(2)
Any swimming pool, tennis court or any other permitted accessory structure or use shall not be permitted in a front yard but shall be set back past the established building line.
(3)
No structures or uses shall have flashing lights or lights which cause glare onto adjoining properties or the public roadway.
D.
Fences. Fences shall be permitted, regardless of the setback requirements of this chapter, subject to the following conditions:
(1)
No fence exceeding eight feet (six feet for roadside front yard) in height shall be permitted anywhere within the Town, except that a fence up to 12 feet in height may enclose a tennis court, provided that it complies with applicable setback requirements.
(2)
Fences shall be set back a minimum of one foot from the respective property line, with the exterior (good) side of the fence facing out, and with the wiring, structural elements or other components of the fencing not designated for presentation to the public facing in.
(3)
No fence shall be constructed in a road or street right-of-way. This provision shall not apply to approved agricultural uses. No fence, in any case, shall impair visibility for traffic and pedestrian safety.
E.
Berms and walls. Berms and walls shall be permitted regardless of the setback requirements of this chapter, subject to the following conditions:
(1)
Berms and walls shall be set back a minimum of one foot from the respective property line. Any wiring or structural elements or other components of a wall shall face in.
(2)
No berm or wall shall be constructed in a road or street right-of-way nor impair visibility for traffic and pedestrian safety. This provision shall not apply to approved agricultural uses; however, no berm shall impair visibility for traffic and pedestrian safety.
(3)
In addition to complying with Subsection E(1) and (2) above, all berms and walls must be approved by the Codes Enforcement Officer upon receipt of an application and the application fee as may be established by resolution of the Town Board. The Codes Enforcement Officer may require a topographic survey and/or a review by the Town Engineer at the applicant's expense.
(4)
Agriculture-related berms and walls are exempt from this subsection, provided that all berms or walls comply with best management practices and do not impair traffic or pedestrian safety.
F.
Multiple- and two-family dwellings, private roads.
(1)
Two-family dwellings.
(a)
Two-family dwellings shall be permitted by right in the RA District on lots that are at least the minimum lot size in the district and allow for the maximum residential density for that district.
(b)
On lots created as part of an open space/conservation subdivision, two-family dwellings may be approved as part of the approval process for the open space/conservation subdivision, consistent with the density requirements for open space/conservation subdivision.
(2)
Multifamily dwellings.
(a)
Multifamily dwellings shall require a special use permit and site plan approval where otherwise permitted as a use in such district.
(b)
The maximum density for multifamily dwellings shall be determined in each case by the reviewing board based upon all relevant special use permit and site plan review criteria and the standards in this section.
(c)
In any multifamily major project, a minimum of 60% of the site's buildable/unconstrained land shall be preserved as open space land.
(3)
Except where expressly provided elsewhere in this chapter, multiple residences on a lot are prohibited. No lot may contain more than one principal residential structure.
(4)
Private roads. No more than five dwelling units may be served by a private road, which shall have a minimum right-of-way of 60 feet and provide safe and reasonable access for emergency services.
§ 165-59 Omitted land.
It is the intent of this chapter that the entire area of the Town, including all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way, be included in the districts established by this chapter. Any area not shown on the Zoning Map as being included in such a district shall be deemed to be, and it is hereby, classified as the most restrictive district adjacent to the land omitted from the zoning district.