Cazenovia Town City Zoning Code
ARTICLE XIX
Standards and Requirements Applying to all Districts
§ 165-83 Purpose.
The standards and requirements applying to all districts regulate activities, uses, structures and conditions that may be present on a property whether or not a principal structure or use is present. These requirements contribute to and promote the health, safety, comfort, beauty, conveniences and/or necessities of the property's occupants, the immediate neighborhood and the Cazenovia community.
A.
Minimum requirements. In addition to other requirements outlined in this and other chapters, all permitted and specially permitted uses, activities, conditions and/or structures shall comply with the following minimum requirements. All permitted and specially permitted uses, activities and structures shall:
(1)
Be carried on only in buildings and structures in such a manner to maintain the property free of fire hazards, flooding and other dangers.
(2)
Be conducted wholly within an enclosed structure, except where specifically exempt in this chapter or as expressly permitted by action from the Town body having jurisdiction.
(3)
Adhere to the standards and requirements specified in this and other chapters as they relate to, but not limited to, architecture and site design, parking, drainage, sanitary provisions and safe access.
(4)
Be accessible to disabled persons in accordance with the Americans with Disabilities Act and maintain adequate parking and provide for disabled persons in accordance with the Americans with Disabilities Act.
(5)
Maintain landscaping as required in this and other chapters.[1]
[1]
Editor's Note: See § 165-87, Landscaping and buffering.
(6)
Maintain and limit signs as required in this and other chapters.[2]
[2]
Editor's Note: See § 165-95, Signs and billboards.
(7)
Maintain the entire property and improvements thereon in a clean, sanitary and safe manner as required in this and other chapters and any other Town, county, state or federal requirements.
B.
Determination of compliance with requirements.
(1)
During the review of an application for any zoning or land use approval, the applicant shall be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this chapter.
(2)
In reviewing such documentation, the Town may seek the assistance of any board or agency of the Town and any public agency having jurisdiction or interest in the particular issues, and the Town may seek advice from a qualified expert.
(3)
All reasonable costs of the expert's review and report shall be paid by the applicant.
(4)
A negative report by the expert and the applicant's refusal or inability to make alterations to ensure compliance with this section may be a basis for denying approval of the application when supported in the record.
C.
Review and approval. The reviewing board may modify any requirement imposed by this article when it finds such action is warranted by reason of the unique physical conditions of the particular property or by reason of the particular character of surrounding properties, provided the modification will not materially alter the intent of the requirement.
§ 165-84 Mechanical and building equipment.
All building mechanical systems, including but not limited to air-conditioning units, exhaust systems, communications equipment, satellite dishes, fire escapes, elevator housings, and other similar elements, shall be integrated into the overall design and character of the structure and site, with care to remotely locate or screen the same from adjoining uses.
§ 165-85 Dumpsters and refuse collection areas.
A.
Dumpsters. Dumpsters must be completely screened from view from any abutting residence, residential district, public street or walkway with screening that is at least as tall as the dumpster. This provision shall apply to all dumpsters, including those used for the collection and storage of recyclable materials, whether public or private.
B.
Refuse collection areas.
(1)
Refuse areas and similar facilities shall be completely enclosed within a masonry wall or fence that is compatible with the building materials and shall be at least four feet high on three sides while maintaining a one-hundred-percent visual blockage on all three sides and a self-closing gate on the fourth side of the same or compatible material with the other sides. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times.
(2)
Refuse areas shall have hardened, stabilized surfaces constructed to prevent accumulation of stormwater runoff.
(3)
All refuse collection areas shall be at the side or rear of the structures. All refuse collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.
(4)
Refuse shall not be visible from outside the refuse enclosure.
(5)
Refuse collection areas shall be so located upon the lot as to provide clear and convenient access by refuse collection vehicles.
§ 165-86 Corner lots.
A.
In the case of a corner lot, each yard abutting a street shall have a minimum depth equal to the front yard depth of the adjacent lot on the same street or the front yard depth required for the district in which such adjacent lot is located, whichever is the greater, and, unless specifically provided elsewhere in this chapter, shall be unoccupied except for fences and/or other decorative or landscaping use.
B.
Each other yard of such corner lot shall have a minimum width equal to the width of the side yard which it adjoins or the side yard width of the district in which such adjoining side yard is located, whichever is the greater.
§ 165-87 Landscaping and buffering.
A.
Purpose and treatment. It is the intent of this section to encourage quality landscape design, construction and maintenance for the purposes of environmental preservation; heat, glare and wind reduction; site beautification; and buffering or screening. For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping, water features and environmental improvement, which may include existing and new vegetation, berms, lighting, site and street furnishings and ornamental features which are integrated with the vegetation. The following standards shall be considered minimum standards, shall be observed for all projects and shall be read in conjunction with Chapters 133 and 146A (where applicable) of the Code.
B.
General requirements.
(1)
In general, site design shall preserve existing natural features and trees of 12 inches or more in caliper while serving to safely and efficiently allow for the intended use of the property in a manner compatible with adjoining properties.
(2)
All landscaping and lawn areas shall be maintained. Dead material shall be replaced, and plant material shall be regularly pruned and nourished to maintain health.
(3)
Where buffering and screening is required, these design guidelines shall be considered minimum requirements due to the critical nature of these landscape applications.
(4)
Erosion control plans shall be incorporated into all landscape plans and as required per Chapter 140.
(5)
Buffer yards.
(a)
In addition to standard setbacks and the planting requirements outlined in this section and Chapter 133, additional buffer yards shall be used to establish a greater separation where dissimilar land uses are located adjacent to each other. Careful site planning can minimize the need for constructed buffer yards by the preservation of natural topographic features, preservation of vegetation and sensitive location of site improvements and land uses.
(b)
The type and extent of plantings, fencing and walls required for buffer yards shall be proportionally greater for increased degrees of incompatibility among adjacent land uses.
§ 165-88 Off-street loading.
A.
Location of required loading spaces. Loading spaces shall be located on the same lot as the building or structure to which they are accessory.
B.
Required spaces. Loading spaces shall be provided in sufficient number and of sufficient size so that no loading and unloading operations infringe upon any street or sidewalk.
§ 165-89 Off-street parking.
A.
Location of required parking. A parking area or lot shall be located on the same lot as the building, structure or use to which the spaces are accessory.
B.
Change in use or intensity.
(1)
Whenever a use existing on the effective date of this chapter is changed to a new use, parking facilities shall be provided as required for such new use.
(2)
Whenever the intensity of use of any building, structure or use is increased, parking facilities shall be provided for such increase in intensity of use.
(3)
All new or substantially modified properties or uses shall provide, to the maximum extent possible as part of the site plan review process, shared or connected parking with adjoining properties as well as shared or combined access from the streets.
C.
Measurement and computation.
(1)
Computation of required spaces.
(a)
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 18 inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking facilities under this chapter.
(b)
When parking spaces are required on the basis of the number of faculty, staff, students or employees, the maximum number which may be present at any one time shall govern.
(2)
Uses not specified. For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for a similar listed use as determined by the CEO using the ITE Parking Generation Manual, 3rd Edition, as amended, and/or superseded and local conditions.
D.
Required parking spaces schedule.
Structure | Number of Parking Spaces (minimum) | ||
|---|---|---|---|
Single- and two-family dwellings | 2 for each dwelling unit | ||
Multiple-family dwellings | 2 for each dwelling unit | ||
Bed-and-breakfast | 1 per guest room plus 1 for owner | ||
Motels and hotels | 1 for each guest bedroom | ||
Churches, auditoriums, theaters, funeral homes and other places of public assembly | 1 for each 3 seats at maximum capacity | ||
Offices | 1 for each 150 square feet of gross floor area | ||
Stores and shopping centers: | |||
0 to 50,000 square feet of gross floor area | 1 for each 150 square feet of gross floor area | ||
50,000 to 150,000 square feet of gross floor area | 357, plus 1 for each 165 square feet of gross floor area in excess of 50,000 square feet | ||
150,000 to 400,000 square feet of gross floor area | 963, plus 1 for each 270 square feet of gross floor area in excess of 150,000 square feet | ||
400,000 square feet of gross floor area and up | 1,890, plus 1 for each 285 square feet of gross floor area in excess of 400,000 square feet | ||
Industrial or manufacturing | 1 for each 500 square feet of gross floor area | ||
Warehousing | 2 for each employee | ||
Restaurants, cafes | 1 for each 60 square feet of gross floor area | ||
Other commercial enterprises | 1 for each 300 square feet of gross floor area | ||
Hospitals and nursing homes | 1 for each 4 patients or residents | ||
(1)
Up to 25% of the parking spaces required in this section for an office use may be landscaped and reserved for future parking upon approval of the reviewing board and subject to the following conditions:
(a)
The parking reserve plan shall show the location and layout of the parking held in reserve, and all other parking and access, together with all stormwater facilities which shall be sized to accommodate the reserve parking and any other amenities that would be necessary if the reserved parking were built.
(b)
The applicant shall also submit competent information to justify the reservation.
(c)
If any of the reserve parking is to be constructed, initiated by the applicant or as provided for below, the applicant shall first obtain site plan review approval from the Planning Board.
(d)
Within 30 days from the date of a written notice from the CEO, based upon the CEO's observation that parking at the facility is insufficient, the applicant/owner of the facility shall file an application for site plan review or amended site plan review, as appropriate. The applicant/owner shall diligently pursue such approval and subsequent construction of additional parking as may be required by site plan review. The observation that parking has become insufficient shall include the following or similar circumstances: (a) regular or significant numbers of vehicles parked in unapproved areas of the site; (b) off-site parking on neighboring properties; or (c) parking on public streets. Such evidence must be of a continuous nature rather than a single occurrence (e.g., some special event or a "renegade parker").
(2)
In residential districts:
(a)
No parking shall be located in the required front yard setback except in a legal driveway that provides access to the residence and further subject to this chapter.
(b)
In no event shall a motor vehicle or trailer over 22 feet long, or tractor-trailer cab regardless of length, be parked on any public highway, right-of-way or parcel of land.
(3)
For all nonresidential districts, parking shall be discouraged between a structure and the street and shall be subject to site plan approval.
(4)
Maneuvering space. Maneuvering space shall be located completely off the right-of-way of a public street, place or court unless otherwise approved by the appropriate authority.
(5)
Pedestrian circulation. A continuous internal sidewalk and/or pathway of five feet or more in width shall generally be provided from the walkway along the parking area to the principal entrance(s) of any structure, together with linkage to adjacent properties in a continuous path compliant with the Americans with Disabilities Act (ADA) standards.
(6)
Space sizes. The following minimum standards shall apply to the width and length of required parking spaces:
Type of Parking | Angle | Stall Length | Stall Width | Aisle Width | |
|---|---|---|---|---|---|
Traditional | 90° | 19'-00" | 9'-06" | 24'-00" | |
Traditional | 60° | 21'-00" | 9'-06" | One-way: 18'-00" | |
Traditional | 45° | 19'-10" | 9'-06" | One-way: 13'-00" | |
Handicapped* | 90° | 19'-00" | 9'-06" | 24'-00" | |
Handicapped* | 60° | 21'-00" | 9'-06" | One-way: 18'-00" | |
Handicapped* | 45° | 19'-10" | 9'-06" | One-way: 13'-00" |
Notes: | |
|---|---|
Vertical clearance equals or exceeds 7'-00". | |
* Loading area abutting stall shall be 8-'00" wide. |
(7)
Surface.
(a)
Off-street parking lots shall be constructed in such a manner as to provide an all-weather, durable and dustless surface. Individual stalls shall be clearly identified by markings no less than four inches in width.
(b)
Parking surfaces shall be graded and drained to an approved drainage system to dispose of all surface water accumulation in the area without shedding additional water on an adjoining property or right-of-way.
(c)
Interior catch basins linked to an approved drainage system shall be used.
§ 165-90 Off-street stacking requirements.
A.
Minimum number of spaces. In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required:
Activity Type | Minimum Stacking Spaces Per Lane or Stall | Measured From | |
|---|---|---|---|
Automated teller machine | 4 | Teller | |
Bank teller lane | 5 | Teller or window | |
Car wash stall, self-service | 3 | Entrance | |
Gasoline pump island | 2 | Pump island | |
Pharmacy | 4 | Window | |
Restaurant drive-through | 6 | Order box | |
Restaurant drive-through | 4 | Order box to pick-up window | |
Oil change and/or quick lubrication | 3 | Per bay | |
Other | Determined by CEO |
§ 165-91 Outdoor storage.
The following apply to outdoor storage:
A.
Residential districts (RA and LW&RC Districts).
[Amended 2-10-2020 by L.L. No. 1-2020]
(1)
Outdoor storage shall be prohibited in the front yard except as noted herein.
(2)
Machinery and equipment may only be parked or stored indoors, except for farm equipment as part of a state-certified farm operation under the Agriculture and Markets Law.
(3)
Personal use vehicles, commercial vehicles under 26 feet in length (including all attachments and appurtenances) and personal use recreational vehicles may be parked or stored indoors or in the front yard or side yard, provided the vehicles are:
(a)
Located on a permitted driveway or related apron no closer than five feet to a fully screened property line;
(b)
Inspected, registered and licensed, except for farm equipment as part of a state-certified farm operation under the Agriculture and Markets Law and operated pursuant to New York State Department of Transportation laws and regulations; and
(c)
No more than 14,000 pounds of gross vehicle weight.
(4)
For all other yards, stored materials incidental and accessory to the principal structure shall be enclosed in a structure or screened from the public right-of-way and from adjacent properties.
B.
Rural B Districts.
(1)
Outdoor storage shall not be allowed in the front yard, except for farm equipment as part of a state-certified farm operation under the Agriculture and Markets Law.
(2)
Outdoor storage shall not occupy more than 5% of the entire lot area and shall meet the following criteria:
(a)
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential uses.
(b)
Screening shall be of sufficient height and density to completely hide the storage from public view.
(c)
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
C.
All districts. With the exception of Industrial Overlay Districts, outdoor storage shall only be allowed as an accessory use and shall always be screened from neighboring properties and public viewpoints. In Industrial Districts, outdoor storage shall be maintained in a neat and orderly fashion to create the smallest impact to adjoining owners.
§ 165-92 Storage of junk motor vehicles, equipment and unlicensed vehicles.
A.
The storage of junk motor 0vehicles, equipment and unlicensed vehicles is prohibited in all districts, subject to this section. The fact that a motor vehicle which is located on a property other than an approved facility for vehicle sales or a commercial garage or does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways and is therefore prohibited. With respect to any motor vehicle or equipment not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle or equipment is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle or equipment is a junk motor vehicle unless refuted by verifiable and credible proof; the burden of such proof is on the property owner.
B.
In an RA, RB and/or LW&RC District, the keeping of unlicensed motor vehicles in operating condition or junk motor vehicles or equipment may be permitted if the following conditions are met:
(1)
The junk motor vehicle, seasonal vehicle or equipment is stored inside a structure; or
(2)
The one-time temporary outdoor storage for less than six months in one year of one operable unlicensed motor vehicle, seasonal vehicle or equipment on an approved driveway or related apron.
C.
In districts other than an RA, RB and/or LW&RC District, the keeping of unlicensed motor vehicles in operating condition or junk motor vehicles or equipment may be permitted if approved as a commercial garage or vehicle sales facility as provided for elsewhere in this chapter.
§ 165-93 Certificate of compliance for vehicle businesses.
A.
In order to ensure that all vehicle service stations, commercial garages, vehicle sales areas and/or any businesses which are licensed by the State of New York to conduct motor vehicle inspections, repairs or vehicle sales operations (hereinafter collectively referred to as "vehicle businesses") are in conformance with the requirements of this Code, and approvals of the Zoning Board of Appeals and/or Planning Board at the time the use was originally permitted or amended, within two years of the enactment of this code, the vehicle business shall be required to obtain a certificate of compliance from the CEO for the continued operation of its business in the Town.
B.
The CEO shall take into account the following criteria before issuing a certificate of compliance:
(1)
All required State of New York licenses are current and valid.
(2)
There are no outstanding violations of state, county, Town laws and/or this code.
(3)
All uses and improvements are approved and permitted.
(4)
That the vehicle business is in full compliance with any previously approved site plan or special use permit. This compliance includes:
(a)
The specific use that was contemplated by the previous approval is the current use and has not been altered and/or expanded.
(b)
The construction/improvements contemplated by the previous approval have been completed and are being maintained in accordance with governing regulations and approved site plan.
(c)
Any restrictions and/or conditions of the previous approval are being complied with.
(5)
That the vehicle business previously received Zoning Board of Appeals and/or Planning Board approval, if required.
C.
If a certificate of compliance is not issued by the CEO, the owner and/or operator of the vehicle business shall receive written notice of the reasons for nonissuance and shall either cease doing business within 90 days of notice from the CEO that no certificate will be issued or shall apply for appropriate approval from the Zoning Board of Appeals and/or Planning Board within 90 days of notice and obtain approval and implement a site plan and associated construction/improvements within an additional six months of such notice.
§ 165-94 Temporary uses.
Except as otherwise expressly provided in this section, temporary uses are permitted in those districts as identified in this chapter, subject to the standards hereinafter established.
A.
Particular temporary uses permitted. Application must be made to the Town Codes Enforcement Officer (CEO), which may issue such permit(s) for the allowable uses in this section, setting forth in the permit any conditions or requirements which will be applicable to the temporary use.
(1)
Temporary art and craft show, festival, show, exhibit or sale by not-for-profits.
(a)
A temporary outdoor festival, art and craft show, exhibit or sale may be permitted in any district by any not-for-profit organization when approved by the CEO on the basis of the adequacy of the parcel size, parking and traffic access and the absence of any undue adverse impact on surrounding properties and districts.
(b)
Such use shall be limited to one event for a period not to exceed three consecutive days per event and no more than two events per year.
(c)
The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
(d)
Such use need not comply with the front yard requirements of this chapter, except that structures or equipment that might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curblines of any two streets.
(e)
Such use need not comply with the maximum height requirements of this chapter.
(f)
A temporary indoor art or craft show, festival, exhibit or sale may be permitted in any nonresidential district or in any public park in a residential district, subject to prior approval by the CEO. Such use shall be limited to a period not to exceed three consecutive days per event and no more than two events per year.
(g)
The Codes Enforcement Officer may at any time refer the application to the Zoning Board of Appeals for approval consistent with these criteria.
(2)
Real estate office, contractor's office, equipment shed and construction staging areas.
(a)
Real estate offices.
[1]
Real estate offices containing no sleeping or cooking accommodations unless located in a model dwelling unit may be permitted in any district when accessory to a new housing development.
[2]
Such use shall be limited to the period of the initial active selling or leasing of dwelling units in such development.
(b)
Contractors' offices, equipment sheds and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when accessory to a construction project. Temporary storage shall be allowed as an accessory use to the contractor's office or equipment shed.
(c)
Such uses shall be limited to a period not to exceed the active duration of such project.
(3)
Seasonal sales.
(a)
Seasonal sales, including, but not limited to, Christmas tree sales, may be permitted in any nonresidential district and in any residential district by any not-for-profit group or organization when conducted by such group or organization when approved by the CEO on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties and districts. Such sales shall be limited to one event per organization each year.
(b)
Such use shall be limited to a period not to exceed 45 days.
(c)
Display of Christmas trees need not comply with the yard and setback requirements of this chapter, except that no tree shall be displayed within 30 feet of the intersection of the curblines of any two streets.
(4)
Temporary outdoor sales for businesses.
(a)
A temporary outdoor sale may be permitted on the premises of the operating business in RB, COD, HOD, HCBO and IOD Districts by the CEO, depending on the adequacy of the lot size, parking provision, and traffic access and the absence of any undue adverse impact on the neighboring properties and districts.
(b)
Such use shall be limited to one event for a period not to exceed seven consecutive days each year.
B.
Parking. The CEO shall review the applicant's assessment of the total number of off-street parking spaces which shall be reasonably required for the particular temporary use, its intensity, and the provision of additional parking facilities in the area and may approve such temporary use only if such off-street parking is provided.
C.
Period of operation.
(1)
A temporary use shall be operated only during those hours or on any days of the week as specified in this section and as approved by the CEO on the basis of the nature of the temporary use and the surrounding uses.
(2)
Each not-for-profit organization or for-profit business shall be limited to one temporary use per calendar year, unless noted otherwise in this section.
§ 165-95 Signs and billboards.
A.
Purpose.
(1)
The purpose of this section is to provide standards for the regulation of the height, size, location, message, appearance and maintenance of signs to:
(a)
Protect and enhance property values and neighborhood character.
(b)
Protect public and private investment in structures and open spaces.
(c)
Preserve and improve the appearance of the Town as a place to live and work and as an aid to visitors.
(d)
Encourage sound signing practices to identify businesses, institutions and facilities.
(e)
Prevent excessive and confusing sign displays.
(f)
Reduce distractions to motorists and pedestrians.
(g)
Protect the public health, safety and general welfare.
(2)
Signage shall be designed and located to convey the identity of the principal use or service in a simple manner with care to complement the architectural integrity of the structure(s).
B.
Requirements.
(1)
No advertising or display sign or external evidence of occupation shall be erected or used in a residential zone (RA, LWOD) except as follows:
(a)
A nonflashing professional or announcement sign not more than three square feet in area associated with a permitted use on that premises.
(b)
A nonilluminated temporary advertising sign for the sale or rental of the property on which it is located not more than 12 square feet in area.
(c)
A nonflashing advertising sign, not more than eight square feet in area, for the sale of products grown or produced on the premises upon which the sign is located and which is associated with a permitted use.
(d)
This provision shall not apply to political signage, which signage may be erected no earlier than 30 days prior to the applicable election day and shall be removed within seven days after the applicable election day.
(2)
No detached advertising or display sign, illuminated or otherwise, shall be erected or used in a commercial district unless such sign or billboard advertises goods or services for sale on the premises, is not over 24 square feet in area and is located at least 15 feet from the nearest street right-of-way line.
(3)
All signs shall bear the name and address of the owner.
C.
Procedure. A sign permit may be issued by the CEO upon application unless site plan review is required or unless a variance is necessary pursuant to law.
(1)
A sign permit is required for a sign, including the alteration or replacement of a sign message, as described herein unless noted otherwise.
(2)
For a multitenant facility or multistructure complex, site plan review for all signage for the entire facility or complex shall be obtained prior to issuance of a sign permit.
(3)
A sign permit shall be granted only if the subject property is found to be in compliance with Town zoning requirements and structure and property maintenance codes.
(4)
For commercial real estate signs, an annual commercial real estate sign permit shall be obtained from the CEO in order to install or maintain one or more CRE signs. Each commercial parcel shall be limited to one sign no greater than 24 square feet in total area.
D.
Prohibited posting.
(1)
No person shall place or attach to or in any manner connect to any tree, lamppost, utility pole, road sign, hydrant or box covering the same on any Town highway, Town land, in any Town right-of-way or on other public rights-of way or land any bill, placard, poster, notice, letter, picture or character of any kind.
(2)
No sign shall be painted, placed or constructed directly on or project from or over a roof.
(3)
No sign shall be painted upon or otherwise affixed to any rock, ledge or other natural feature.
(4)
Unless explicitly permitted, a sign shall be considered to be prohibited.
E.
Sign location.
(1)
No sign shall be located where it interferes with or obstructs the view or free passage of pedestrian or vehicular traffic, and signs shall not be located in the public right-of-way.
(2)
No detached sign shall be closer than 15 feet to an adjoining residential lot line.
(3)
Each sign shall be located within the subject property boundary and shall not project beyond the same.
(4)
Signs shall be parallel to and attached to a structure and shall be:
(a)
Flush-mounted to a building wall;
(b)
Protruding no more than one foot; and
(c)
Installed a minimum distance of one foot below the roof eave or the gable end of a gable-roofed structure.
F.
Design standards.
(1)
Signs shall:
(a)
Be pedestrian in scale; and conform to the architecture of the structure through their location, design, color and size.
(b)
Preserve architectural features or details of structures.
(2)
Sign area.
(a)
The area of a sign shall be measured as the area enclosed by a series of lines forming a rectangle around all parts of the display, including all lettering, logo, graphics and any background that is different from the sign band of the wall or supporting material.
(b)
For a detached sign having two visible faces, the sign area shall be measured as specified herein and shall not include the area of the second face, provided the design replicates that of the first face and the detached sign is perpendicular to the street.
G.
Vacant and unoccupied lands. In all districts, all temporary advertising signs of a political, civic, philanthropic, educational or religious nature may be erected and used on vacant or unoccupied property upon the granting of a CEO letter of approval, provided that such signs are not attached to fences, trees, utility poles or the like or located on public property. Said signs may not be placed in a position that will obstruct or impair vision of traffic or in any manner that will create a hazard to the welfare of the general public. The authority to allow for such temporary signs specifically relates to an activity or an event with a certain date and/or limited duration and is not intended to allow for permanent placement of such signs. In addition, the following shall apply:
(1)
All such signs must be thoroughly anchored, continually maintained in a clean, neatly painted condition and free from all hazards, such as but not limited to faulty wiring and loose fittings or fasteners.
(2)
Applicants for a temporary letter of approval must obtain the written consent of an owner of the vacant or unoccupied property upon which the sign(s) are to be placed, and the written consent of the owner must indicate that no remuneration of any kind is or will be received for the placement of such signs.
(3)
All such signs shall be erected no earlier than 30 days prior to an activity or event and shall be removed within seven days after the particular activity or event is concluded.
(4)
In the event that the CEO determines that a sign or signs impair the vision of traffic or in any manner creates a hazard to the welfare of the general public such that there is imminent peril, it may eliminate the danger by moving or removing the sign(s) in violation.
H.
Maintenance of signs.
(1)
Every sign shall at all times be maintained in a safe and structurally sound condition. Signs that do not comply with adequate safety standards shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained, including the replacement of worn parts, painting and cleaning.
(3)
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired, replaced, or all lighting turned off.
I.
Abandoned signs.
(1)
Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of 45 days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
(2)
Abandoned signs are prohibited and shall be removed or have the complete message removed by any method by the owner of the sign or owner of the premises.
J.
Off-site signs and billboards. In consideration of the goals to protect and enhance property values and neighborhood character; protect public and private investment in structures and open spaces; preserve and improve the appearance of the Town as a place to live and work and as an aid to visitors; encourage sound signing practices to identify businesses, institutions and facilities; reduce distractions to motorists and pedestrians and protect the public health, safety and general welfare; and specifically recognizing the adverse impact of the herein prohibited signage on the preservation of the appearance of the Town of Cazenovia and the potential for distractions to motorist and pedestrians, in addition to any other signs which may be otherwise regulated or prohibited by this Code, the following signs are prohibited:
(1)
Off-site signs (excluding temporary signs as provided under § 165-95G).
(2)
Billboards.
§ 165-96 Excavation, grading, clearing and tree removal.
A.
Excavation and grading necessary for the construction of a structure for which a building permit has been issued shall be permitted, subject to the restrictions of this or other chapters, provided that it does not adversely affect natural drainage or the structural safety of buildings or lands, cause erosion or sedimentation, create noxious conditions or create a hazard to public health or safety.
B.
In the event that construction of a structure is stopped prior to completion and the building permit expires, the premises shall be promptly cleared of any rubbish or building materials, and any open excavation with a depth greater than two feet below existing grade shall either be promptly filled in and the topsoil replaced or shall be entirely surrounded by a fence at least six feet high that will effectively block access to the area of the excavation.
C.
The reviewing board may, in connection with a major project site plan or major residential development, require an applicant to post a bond or other form of security to guarantee reclamation of areas to be excavated or graded. Such bond or other security shall be for an amount reasonably related to the potential cost of such reclamation and shall be in a form deemed acceptable by the Town's attorney.
D.
No excavation, grading, clear cutting or clearing in preparation for site development shall be undertaken prior to the granting of any special use permit, site plan, variance or subdivision approval required for such development. The Codes Enforcement Officer may seek engineering advice at the property owner's expense, in addition to the penalties available under this chapter in the event that the Codes Enforcement Officer has reason to believe that this section has been violated.
§ 165-97 Radioactivity.
There shall be no activities that emit radioactivity exceeding federal guidelines.
§ 165-98 Water and air pollution.
There shall be no emission into the atmosphere of fly ash, dust, fumes, vapors, gases and other forms of air pollution which can cause damage to life or property or discharge into any sewage disposal system or stream or into the ground of any materials of such a nature or temperature as can contaminate any watercourse or supply or can cause any dangerous or unhealthy condition, except upon approval of applicable state and/or local agencies having jurisdiction to regulate such air or water pollution.
§ 165-99 Sanitary disposal and water supply.
A.
Sanitary disposal. No person shall construct any new structure in the Town without first meeting applicable requirements of the Town, the Madison County and New York State Departments of Health, the New York State Department of Environmental Conservation and other governmental authorities that regulate water supply and sewage disposal systems. Issuance of a certificate of occupancy shall be subject to sanitary system inspection and certification by the Madison County Department of Health and compliance with all conditions imposed by any other governmental authority.
B.
Water supply. The reviewing board may require an applicant for any subdivision, special permit or site plan approval to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect water supply or quality in the surrounding area.
§ 165-100 Home occupations.
No home occupation shall be conducted in the Town of Cazenovia without a permit for home occupation being issued by the Zoning Ordinance Enforcement Officer.
A.
An application for a permit for home occupation shall be made on forms prescribed by the Zoning Ordinance Enforcement Officer. A fee as set by the Town Board at the annual reorganization meeting shall accompany the application, but no fee shall be required for any application for a renewal of a permit for home occupation.
B.
Any application for a permit for home occupation which does not clearly comply with the terms of this chapter shall be denied. The applicant may then apply to the Zoning Board of Appeals of the Town of Cazenovia pursuant to this chapter. Any application referred to the Town of Cazenovia Board of Appeals shall first be reviewed by the Planning Board of the Town of Cazenovia, which may make recommendations to the Zoning Board of Appeals.
C.
A permit for home occupation shall continue upon certification from the Codes Enforcement Officer on a yearly basis that the occupation is in compliance with this chapter.
D.
A permit for home occupation shall, upon application by the person or persons conducting the home occupation, be automatically renewed by the Zoning Ordinance Enforcement Officer if the Zoning Ordinance Enforcement Officer finds that the home occupation has been and is being conducted in a manner that is consistent with the terms of this chapter and the permit for home occupation. If the Zoning Ordinance Enforcement Officer finds that the home occupation has not or is not being conducted consistent with the terms of this chapter or the permit for home occupation, the renewal application shall be denied. The applicant may then apply to the Board of Appeals of the Town of Cazenovia pursuant to this chapter.