Cazenovia Village City Zoning Code
ARTICLE I
General Provisions
§ 180-1 Title.
These regulations shall be known as the "Village of Cazenovia Zoning Regulations" and shall consist of the text contained herein and the "Village of Cazenovia Zoning Map," hereafter termed "Zoning Map." The Village of Cazenovia Zoning Ordinance, enacted in 1993, as amended, is hereby repealed.
§ 180-2 Purposes.
A.
These regulations have been made and enacted in accordance with a comprehensive plan for the purpose of promoting and protecting the health, safety and general welfare of the community to the maximum extent permitted by the zoning powers granted to the Village of Cazenovia by the Village Law and the General Municipal Law of New York State and in furtherance of the public purposes enumerated in such laws.
B.
In accordance with these powers and purposes and with the comprehensive plan, these regulations are designed to prevent overcrowding of land and undue concentration of population; provide adequate light and air; lessen congestion in the streets; promote appropriate and compatible use and patterns of use of land and orderly and effective growth and economic prosperity of the community; conserve property values; provide and protect transportation, school, recreation, sewage disposal, water supply, and other facilities and services necessary for public well-being; protect natural and aesthetic values of land and water resources; conserve and perpetuate community heritage demonstrated in historic buildings and districts; protect the general environment in compliance with the objectives of applicable New York State and federal regulatory programs; and otherwise promote and protect the public health, safety, comfort, convenience, privacy, prosperity, and general welfare.
§ 180-3 Interpretation and application of regulations.
A.
For purposes of interpretation and application, these regulations shall be deemed to be the minimum requirements necessary for the purposes enumerated above.
B.
Except as hereafter provided:
(1)
No land or structure shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, altered, repaired, moved or removed except in conformity with all regulations herein specified for the zoning district in which it is located, and, where applicable, unless also in conformity with all regulations herein specified for any zoning overlay district in which it may also be located.
(2)
All uses not specifically permitted in a zoning district or permitted upon issuance of a special permit or in accordance with other provisions of these regulations shall be deemed to be prohibited.
(3)
These regulations shall not apply to any existing structure, nor to the existing use of any structure or land to the extent it was legally used on the effective date of these regulations. These regulations shall apply to any change in use or reconstruction, alteration, enlargement, movement or removal of a structure and to any change in use of land after the effective date of these regulations.
(4)
Any use of land on the effective date of these regulations which is unlawful under any prior regulations shall be lawful only to the extent that it complies with these regulations. However, such compliance shall not excuse nor be used to abate or enjoin the prosecution of such unlawful conduct, whether initiated prior or subsequent to the effective date of these regulations.
§ 180-4 Lot and structure requirements.
A.
Number of principal buildings. Only one principal building shall be permitted on a lot, unless otherwise specifically permitted under these regulations.
B.
Building coverage. All principal and accessory buildings, including all porches and other roofed portions of such buildings, shall be included in a determination of permitted maximum lot coverage.
C.
Yards:
(1)
Any porch shall be considered as part of the building in determination of yard depths. Decks more than one foot above grade shall be calculated as part of the building in determination of required front and side yard depth.
(2)
Required yards shall be open and unobstructed except as follows:
(a)
Unroofed ramps or similar structures necessary for access into a dwelling by a disabled person residing in the dwelling.
(b)
Eaves, rainwater leaders, window sills, chimneys, pilasters, unroofed balconies, and other such building features; open steps; and one-story bay windows not more than 12 feet wide may extend up to three feet into any required yard.
(c)
Fences and ground-level walks and patios may be erected and installed on a lot without regard to yard requirements, provided that fences shall comply with other applicable requirements herein.
(3)
No part of a yard or open space required about any building or structure for the purpose of complying with these regulations shall be included as part of a yard or open space similarly required for another building or structure.
(4)
Where existing building front yard depths in any district have been established on lots comprising more than 50% of the street frontage in any block at a depth greater than the minimum depth required for the district, the front yard depth of new buildings shall be increased to comply with the established average depth.
(5)
In any substantially built-up residential district, the required front yard depth for a new dwelling may be reduced to the average yard depth of existing dwellings within 200 feet from each side lot line of the new dwelling lot, but in no case shall such yard depth be reduced to less than 10 feet.
(6)
On a corner lot in any district where a yard is required, a yard shall be provided along each street equal to the required front yard depth. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard in his application for a permit.
(7)
In corner lots in all districts, the required yards within the triangular area formed by the intersection of the street lines and a third line joining the street lines at points 25 feet from the intersection shall be open and visually unobstructed between heights of two feet and 10 feet above the average elevation of each street within the triangular area.
(8)
Flag lots are discouraged and shall only be permitted upon the granting of an area variance by the Zoning Board of Appeals permitting a reduction of the stated minimum street frontage requirement for the zoning district within which the lots are located. In addition to the requirements of § 180-136C(2)(a), in approving any request for approval of a flag lot, the Zoning Board of Appeals shall also take into consideration the following factors:
[Added 10-3-2016 by L.L. No. 6-2016]
(a)
Whether the parcel in question has environmental, topographical or legal limitations or restrictions that preclude the lot(s) in question from meeting the street frontage requirement for the district.
(b)
Whether under the circumstances presented, the approval of the flag lot design would better serve the interests of the neighborhood and/or community than a conventional subdivision layout.
(c)
Whether the flag lot and improvements contemplated thereon, by reason of inadequate drainage, adverse soil or rock formations, unfavorable topography, or any other environmental condition or circumstance, will be harmful to the health, safety or welfare of the property, adjacent properties or the neighborhood or community.
(d)
Whether the proposed means of access to any existing or proposed public street is adequate for the passage of reasonably contemplated vehicular traffic and emergency vehicles.
(e)
Whether the proposed point of access to any existing or proposed public street is adequate to permit turning movements without creating an adverse effect upon vehicular traffic upon the public street.
(f)
Whether utility connections can be reasonably extended to the lot(s).
§ 180-5 Prohibited uses.
A.
All uses not expressly permitted in a zoning district, including those permitted subject to Planning Board approval, shall be prohibited.
B.
In any district, notwithstanding any statements of permitted uses or any definitions or lack of definitions in these regulations, any use which may reasonably be determined and characterized by the Planning Board as being or including any of the following shall be prohibited: production and manufacturing from raw materials of chemicals, cement, explosives, paint products, rubber, soaps, starch or by-products of coal, coke, petroleum and natural gas; reduction, refining, smelting and alloying of metal or metal ores; slaughtering, rendering or processing of animals and poultry; reduction and processing of wood pulp and fiber; junkyards; storage of explosives; bulk storage of gasoline, natural gas, propane, or petroleum products except underground storage of gasoline at permitted gasoline service stations; unenclosed manufacturing or processing of any materials or products; any similar or other use which may introduce fire, explosion, or other public health and safety hazards, or which generates or discharges or may generate or discharge hazardous or toxic wastes into the Village's public water supply or sewage disposal system or any open body of water within the Village, or which regularly or frequently exceeds any of the following standards measured at any lot line:
[Amended 6-11-2013 by L.L. No. 4-2013]
(1)
Emits continuous noise in excess of 80 decibels or impact noise of 100 decibels, measured in accordance with ANSI standards.
(2)
Emits any odor which exceeds odor thresholds measured in accordance with ASTM Standard Method for Measurement of odor in atmospheres.
(3)
Emits any airborne toxic matter in excess of ambient air quality standards of New York State Level III.
(4)
Emits any smoke in excess of Ringlemann Chart No. 2.
(5)
Causes, as a result of normal operations, ground-transmitted vibration which exceeds a velocity of 0.02 inch per second.
(6)
Emits or causes any other conditions which threaten the public health, comfort, safety, or general welfare, or which may damage or impair real property, business activity or natural resources.
C.
Mobile dwellings or use of any temporary structures or recreation vehicles or camping or travel trailers as dwellings shall be prohibited.
D.
Aboveground swimming pools shall be prohibited.[1]
[1]
Editor’s Note: Former Subsection E, prohibiting flag lots, which immediately followed, was repealed 10-3-2016 by L.L. No. 6-2016.
§ 180-6 Permitted uses.
A.
Nothing in these regulations shall prevent the following use of any lot:
(1)
Agricultural use as defined herein.
(2)
Family foster care as defined herein.
(3)
Municipal facility as defined herein, provided that the Planning Board shall review and submit an advisory report to the Board of Trustees regarding the appropriateness and compatibility of the location and design of any such proposed facility.
(4)
Ordinary maintenance and repair of an existing building, structure or site improvement in kind, with no change in appearance, use, or intensity of use, and not requiring the issuance of a building permit or certificate of compatibility.
B.
An action proposed by any agency, department, branch or division of New York State or of the United States of America which involves the exercise of direct governmental functions consistent with the purposes and jurisdiction of such agency, department, branch or division of New York State or of the United States of America shall be exempt from these regulations. However, any action which is proprietary in nature and does not involve the exercise of such governmental functions shall fully conform to these regulations.
C.
Accessory buildings and structures, as defined, shall generally be permitted in connection with all permitted uses and special uses, subject to other regulations herein.
D.
Height exceptions. Height limitations of these regulations shall not apply to church spires, belfries, cupolas and penthouses not used for human occupancy; nor to chimneys, ventilators, skylights, stairwells and necessary mechanical appurtenances usually carried above roof level. Such features shall, however, be erected only to the height necessary to accomplish the purpose they are to serve.
§ 180-7 Construction with regard to other laws.
A.
These regulations shall not be construed as superseding, limiting, changing or suspending any other law, ordinance, code or regulation affecting the use, safety, construction or sanitation of any land or structure.
B.
Other applicable statutes and regulations:
(1)
New York State Uniform Building and Fire Prevention Code.[1]
[1]
Editor's Note: See Ch. 71, Building Code Administration.
(2)
Village of Cazenovia subdivision regulations.[2]
[2]
Editor's Note: See Ch. 155, Subdivision of Land.
(3)
Rules and regulations for protection of the public water supply of the Village of Cazenovia.
(4)
Applicable floodplain management regulations.[3]
[3]
Editor's Note: See Ch. 95, Flood Damage Prevention.
(5)
State Environmental Quality Review Act.
C.
If any conflict exists between any standard or requirement in these regulations and those of any other law, ordinance, code, or regulation, the most restrictive or highest standard or requirement shall apply.