In order to achieve the purposes of these regulations and in
accordance with Comprehensive Plan determinations as to the suitability
of all areas of the community for particular uses which will protect
and preserve the character and value of existing buildings and uses
and encourage the corporate use and development of land throughout
the community, the Village of Cazenovia is hereby divided into zoning
districts and overlay districts as herein described.
A.
Zoning districts. All lots within the Village shall be subject to
the regulations of one of the following hereby established zoning
districts as designated on the Zoning Map:
[Amended 2-3-2014 by L.L. No. 1-2014; 9-3-2014 by L.L. No.
5-2014; 2-2-2015 by L.L. No. 1-2015]
|
AC
|
Conservation Area District
| |
|
R-30
|
Residential District
| |
|
R-20
|
Residential District
| |
|
R-10
|
Residential District
| |
|
R-6
|
Residential District
| |
|
RM
|
Residential Multifamily District
| |
|
C-1
|
College District 1
| |
|
C-2
|
College District 2
| |
|
B-1
|
General Business District 1
| |
|
B-2
|
General Business District 2
| |
|
VEN
|
Village Edge North District
| |
|
VES-R
|
Village Edge South Residential District
| |
|
VES-MU
|
Village Edge South Mixed Use District
| |
|
WG
|
Western Gateway
| |
|
LM
|
Light Manufacturing District
| |
|
PD
|
Planned Development District
| |
|
CD
|
Creekside Development District
|
B.
Overlay districts. In addition to the zoning districts designated
above, the following overlay districts are hereby established as designated
on the Zoning Map:
|
HPO
|
Historic Preservation Overlay District
| |
|
WPO
|
Wellhead Protection Overlay District
|
C.
Lots within the boundaries of the Historic Preservation Overlay District
and/or the Wellhead Protection Overlay District are subject to the
regulations of both the zoning district and the overlay district as
provided herein.
The location and boundaries of each zoning district and overlay district listed in § 180-10 of this chapter, each hereafter referred to as a "district," are shown on the map entitled "Village of Cazenovia Zoning" attached hereto as Appendix 3[1] and enacted and adopted as part of these regulations ("Zoning
Map"), which shall be filed in the office of the Village Clerk.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
If any uncertainty exists with respect to any boundary of any
district shown on the Zoning Map, the following rules shall apply:
A.
Any boundary indicated as approximately following the center line
of a street or highway shall be construed to follow such center line.
B.
Any boundary indicated as approximately following a tax map lot line
in existence at the time the boundary becomes effective shall be construed
to follow such lot line.
C.
Any boundary indicated as approximately following a shoreline of
a stream or lake shall be construed to follow such shoreline and,
in the event of change in the shoreline, shall be construed as moving
with the actual shoreline as changed.
D.
Any boundary indicated as approximately following the corporate boundary
of the Village of Cazenovia shall be construed as following such corporate
boundary.
F.
If any question arises as to the exact location of any district boundary
in accordance with the above rules and the intent of these regulations
as enacted or amended, the Board of Appeals shall, upon application,
make a determination as to such location.
Unless the Board of Trustees has acted to otherwise classify
the zoning district of such land, any land hereafter annexed to the
Village of Cazenovia shall automatically be classified and zoned as
the same zoning district as the lands previously within the Village
sharing a common boundary with the newly annexed lands. In the event
there is more than one existing zoning district abutting the newly
annexed lands, the zoning district classification of the newly annexed
lands shall be the same as the existing zoning district which shares
the greatest length of common boundary with the newly annexed lands.
Uses permitted in AC District shall be as follows:
Uses permitted upon issuance of a special permit shall be as
follows:
Area, yard, coverage and height regulations shall be as follows:
A.
Lot area minimum: 40,000 square feet.
B.
Lot frontage minimum: 150 feet.
C.
Lot depth minimum: 200 feet.
D.
Front yard minimum: 50 feet.
E.
Rear yard minimum: 50 feet.
F.
Side yard minimum: 30 feet each side.
G.
Coverage maximum: 5%.
H.
Building height maximum: one story or 20 feet, whichever is less.
No height limit for agricultural uses.
Each use shall comply with all regulations of Article IV applicable to the use.
Uses permitted in R-30 Residential Districts shall be as follows:
Uses permitted upon issuance of a special permit shall be as
follows:
A.
Home occupation.
B.
Bed-and-breakfast.
C.
Group residence.
D.
School, private.
E.
School, public.
F.
Religious facility.
G.
Public outdoor recreation.
H.
Post-secondary educational institution.
I.
Community center.
J.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
K.
Non-owner-occupied transient occupancy lodging established and hosting transient occupants in an existing residence prior to July 2, 2018, and for which a complete initial application for approval is received by the Village Clerk by October 1, 2018, subject to the provisions of Subsection A of § 180-104 of this chapter.
[Added 8-6-2018 by L.L.
No. 6-2018]
Lot and structure requirements shall be as follows:
A.
Minimum lot area: 30,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum street frontage: 150 feet. [NOTE: See "lot" definition for
exceptions.]
D.
Minimum lot depth: 200 feet.
E.
Minimum front yard depth: 50 feet. [NOTE: Except that new dwellings
constructed on a vacant lot or alterations to an existing structure
shall have a front yard depth that is not more than 10% greater or
less than the average front yard depth of existing dwellings located
within 200 feet of each side lot line of the lot.]
H.
Maximum lot coverage: 15%.
I.
Maximum building height: two stories, or 30 feet, whichever is less.
J.
Minimum dwelling ground-floor area: one-story building, 1,500 square
feet; one-and-one-half-story building, 1,250 square feet; two-story
building, 900 square feet.
A.
Lakefront lots.
(1)
Minimum side yard requirements shall apply to boathouses, boat docks
and piers, boat hoists, swimming docks and other accessory buildings
and structures. Minimum rear yard requirements shall apply to all
accessory buildings and structures except boathouses, boat docks and
piers, boat hoists or swimming docks.
(2)
Lot width at the shoreline shall be a minimum of 150 feet, measured
at right angles to the side lot lines.
Uses permitted in R-20 Residential Districts shall be as follows:
Uses permitted upon issuance of a special permit shall be as
follows:
A.
Home occupation.
B.
Bed-and-breakfast.
C.
Group residence.
D.
School, private.
E.
School, public.
F.
Religious facility.
G.
Public outdoor recreation.
H.
Post-secondary educational institution.
I.
Community center.
J.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
K.
Non-owner-occupied transient occupancy lodging established and hosting transient occupants in an existing residence prior to July 2, 2018, and for which a complete initial application for approval is received by the Village Clerk by October 1, 2018, subject to the provisions of Subsection A of § 180-104 of this chapter.
[Added 8-6-2018 by L.L.
No. 6-2018]
Lot and structure requirements shall be as follows:
A.
Minimum lot area: 20,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum street frontage: 100 feet. [NOTE: See "lot" definition for
exceptions.]
D.
Minimum lot depth: 150 feet.
E.
Minimum front yard depth: 20 feet. [NOTE: Except that new dwellings
constructed on a vacant lot or alterations to an existing structure
shall have a front yard depth that is not more than 10% greater or
less than the average front yard depth of existing dwellings located
within 200 feet of each side lot line of the lot.]
H.
Maximum lot coverage: 20%.
I.
Maximum building height: two stories, or 30 feet, whichever is less.
J.
Minimum dwelling ground-floor area: one-story building, 1,500 square
feet; one-and-one-half-story building, 1,150 square feet; two-story
building, 800 square feet.
A.
Lakefront lots.
(1)
Minimum side yard requirements shall apply to boathouses, boat docks
and piers, boat hoists, swimming docks and all other accessory buildings
and structures. Minimum rear yard requirements shall apply to all
accessory buildings and structures except boathouses, boat docks and
piers, boat hoists or swimming docks.
(2)
Lot width at the shoreline shall be a minimum of 100 feet, measured
at right angles to the side lot lines.
Uses permitted in R-10 Residential Districts shall be as follows:
Uses permitted upon issuance of a special permit shall be as
follows:
A.
Home occupation.
B.
Bed-and-breakfast.
C.
Group residence.
D.
School, private.
E.
School, public.
F.
Religious facility.
G.
Public outdoor recreation.
H.
Post-secondary educational institution.
I.
Community center.
J.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
K.
Non-owner-occupied transient occupancy lodging established and hosting transient occupants in an existing residence prior to July 2, 2018, and for which a complete initial application for approval is received by the Village Clerk by October 1, 2018, subject to the provisions of Subsection A of § 180-104 of this chapter.
[Added 8-6-2018 by L.L.
No. 6-2018]
Lot and structure requirements shall be as follows:
A.
Minimum lot area: 10,000 square feet.
B.
Minimum lot width: 50 feet.
C.
Minimum street frontage: 50 feet. [NOTE: See "lot" definition for
exceptions.]
D.
Minimum lot depth: 125 feet.
E.
Minimum front yard depth: 20 feet. [NOTE: Except that new dwellings
constructed on a vacant lot or alterations to an existing structure
shall have a front yard depth that is not more than 10% greater or
less than the average front yard depth of existing dwellings located
within 200 feet of each side lot line of the lot.]
H.
Maximum lot coverage: 25%.
I.
Maximum building height: two stories, or 30 feet, whichever is less.
J.
Minimum dwelling ground-floor area: one-story building, 1,100 square
feet; one-and-one-half-story building, 1,000 square feet; two-story
building, 750 square feet.
Each use shall comply with all regulations of Article IV applicable to the use.
Uses permitted in R-6 Residential Districts shall be as follows:
Uses permitted upon issuance of a special permit shall be as
follows:
A.
Home occupation.
B.
Bed-and-breakfast.
C.
Group residence.
D.
School, private.
E.
School, public.
F.
Religious facility.
G.
Public outdoor recreation.
H.
Post-secondary educational institution.
I.
Community center.
J.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
K.
Non-owner-occupied transient occupancy lodging established and hosting transient occupants in an existing residence prior to July 2, 2018, and for which a complete initial application for approval is received by the Village Clerk by October 1, 2018, subject to the provisions of Subsection A of § 180-104 of this chapter.
[Added 8-6-2018 by L.L.
No. 6-2018]
Lot and structure requirements shall be as follows:
A.
Minimum lot area: 6,000 square feet.
B.
Minimum lot width: 50 feet.
C.
Minimum street frontage: 50 feet. [NOTE: See "lot" definition for
exceptions.]
D.
Minimum lot depth: 100 feet.
E.
Minimum front yard depth: 10 feet. [NOTE: Except that new dwellings
constructed on a vacant lot or alterations to an existing structure
shall have a front yard depth that is not more than 10% greater or
less than the average front yard depth of existing dwellings located
within 200 feet of each side lot line of the lot.]
H.
Maximum lot coverage: 30%.
I.
Maximum building height: two stories, or 30 feet, whichever is less.
J.
Minimum dwelling ground-floor area: one-story building, 1,100 square
feet; one-and-one-half-story building, 1,000 square feet; two-story
building, 750 square feet.
Each use shall comply with all regulations of Article IV applicable to the use.
Uses permitted in RM Residential Multifamily Districts shall
be as follows:
A.
One-family dwelling.
B.
Two-family dwelling.
C.
Multifamily dwelling, subject to prior site plan review by the Planning
Board.
D.
Home occupation limited.
E.
Accessory building.
F.
Accessory buildings associated with a one- or two-family dwelling
shall be limited to garages, storage sheds, gazebos, pools, barbeque
pits, swing sets and similar play equipment.
Uses permitted upon issuance of a special permit shall be as
follows:
A.
Home occupation.
B.
Medical center or clinic, hospital or related use.
C.
Club.
D.
School, private.
E.
Private outdoor recreation.
F.
Indoor recreation.
G.
Community center.
H.
Funeral home.
I.
School, public.
J.
Religious facility.
K.
Public outdoor recreation.
L.
Post-secondary educational institution.
M.
Day-care facility.
N.
Group residence.
O.
Bed-and-breakfast.
P.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
Q.
Non-owner-occupied transient occupancy lodging established and hosting transient occupants in an existing residence prior to July 2, 2018, and for which a complete initial application for approval is received by the Village Clerk by October 1, 2018, subject to the provisions of Subsection A of § 180-104 of this chapter.
[Added 8-6-2018 by L.L.
No. 6-2018]
A.
Lot and structure requirements shall be as follows:
|
Dwelling Uses: Requirements
|
One-Family
|
Two-Family
|
Multifamily
| |
|---|---|---|---|---|
|
Minimum lot area
|
10,000 square feet
|
18,000 square feet
|
20,000 square feet for first 4 dwellings, plus 4,000 square
feet for each additional dwelling
| |
|
Minimum lot width
|
75 feet
|
120 feet
|
150 feet
| |
|
Minimum lot depth
|
125 feet
|
125 feet
|
150 feet
| |
|
Minimum front yard depth
|
40 feet
|
40 feet
|
40 feet
| |
|
Minimum rear yard depth
|
40 feet
|
40 feet
|
40 feet
| |
|
Minimum side yard depths
|
25 feet total, 10 feet minimum
|
20 feet each
|
30 feet each
| |
|
Maximum lot coverage
|
25%
|
25%
|
15%
| |
|
Maximum dwellings per building
|
—
|
—
|
10
| |
|
Minimum floor area per dwelling by bedrooms (BR)
|
1 BR: 525 square feet; 2 BR: 650 square feet; 3 BR: 775 square
feet; 4 or more BR dwellings not permitted
| |||
|
Maximum building height
|
Two stories or 30 feet, whichever is less
| |||
B.
Other uses:
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard depth: 50 feet.
(5)
Minimum rear yard depth: 50 feet.
(6)
Minimum side yard depths: 30 feet each.
(7)
Maximum lot coverage: 15%.
(8)
Maximum building height: three stories or 35 feet, whichever is less.
Each use shall comply with all regulations of Article IV applicable to the use.
The C-1 District is intended to recognize the unique character
and needs of post-secondary educational uses, and to allow the development
of such uses within the district to support the needs of post-secondary
educational institutions while maintaining compatibility with surrounding
properties. This district includes parcels that have historically
been devoted to post-secondary educational use, located within or
in close proximity to the traditional main quadrangle campus of Cazenovia
College.
The following structures and uses are permitted in this district
upon prior site plan approval by the Planning Board and the issuance
of a building permit and/or zoning permit by the Zoning Enforcement
Officer:
The Planning Board shall review all site plans in light of the
objective of the district, which is to permit the construction, modification
and expansion of structures and activities for post-secondary educational
uses while also preserving the historic integrity and character of
the Village and adjoining neighborhoods. For all uses within the C-1
District, lot and structure requirements shall be as follows:
Each use shall comply with all regulations of Article IV (Supplemental Regulations) applicable to the use.
The C-2 District is intended to recognize the unique character
and needs of post-secondary educational uses, and to allow the development
of such uses within the district in a manner compatible with surrounding
properties. This district includes parcels that have historically
been devoted to post-secondary educational use but which are adjoined
by established residential neighborhoods, which necessitates particular
precautions to ensure the compatibility of the post-secondary educational
use with adjoining residential uses, so that new and modified post-secondary
educational uses may be established without adversely impacting residential
neighborhoods and the character of the Village.
The following structures and uses are permitted in this district
upon prior site plan approval by the Planning Board and the issuance
of a building permit and/or zoning permit by the Zoning. Enforcement
Officer:
A.
The Planning Board shall review all site plans in light of the objective
of the district, which is to permit the construction, modification
and expansion of structures and activities for post-secondary educational
uses while also preserving the historic integrity and character of
the Village and adjoining neighborhoods. The location, size, scale
and/or height of a new post-secondary educational building shall be
reasonably consistent with those of any building(s) which it may replace,
so as not to diminish and/or unreasonably impair the supply of light
and air available to any existing adjoining dwellings.
B.
For all uses within the C-2 District, lot and structure requirements
shall be as follows:
(1)
Minimum lot size: 10,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum street frontage: 50 feet.
(4)
Minimum lot depth: 125 feet.
(5)
Minimum front yard depth: New buildings, including alterations of
existing buildings, shall have a front yard depth that is not more
than 10% greater or less than the average front yard depth of existing
buildings located within 200 feet of each side of the new building.
(6)
Minimum rear yard depth: 50 feet.
(7)
Minimum side yard depths: 50 feet.
(8)
Maximum lot coverage: 30%.
(9)
Maximum building height: 30 feet.
Uses permitted in B-1 General Business District shall be as
follows:
Uses permitted upon issuance of a special permit shall be as
follows:
A.
Parking facility.
B.
Banks and bank branch offices with drive-in facilities.
C.
Medical center or clinic, hospital or related use.
D.
Dwellings, owner-occupied transient occupancy lodging, non-owner-occupied
transient occupancy lodging, and dormitories in upper. stories of
a building only in combination with permitted nonresidential use(s)
on the first floor in the same building.
[Amended 8-6-2018 by L.L.
No. 6-2018]
E.
Animal day care facilities.
[Added 3-7-2016 by L.L.
No. 1-2016]
Lot and structure requirements shall be as follows. Within the
B-1 General Business District, there are no specific lot and structure
requirements. Aside from vital community business functions generated
in this area, most lots are located within the Historic Preservation
Overlay District. Basic objectives shall be to protect and preserve
existing uses and structures, effectively utilize all existing structures
and encourage any modification and expansion of structures and activity
which can be reasonably accommodated without adversely affecting the
historic integrity and character of the area.
Each use shall comply with all regulations of Article IV applicable to the use. Uses within the B-1 General Business District that are also located in the Historic Preservation Overlay District are not required to provide off-street parking or loading facilities, except as required for special permit uses and as otherwise required in Article IV.
Uses permitted in the B-2 General Business District shall be
as follows:
Uses permitted upon issuance of a special permit shall be as
follows:
A.
Convenience store.
B.
Car wash.
C.
Restaurants, pharmacies and banks and bank branch offices with drive-in
facilities.
D.
Parking facility.
E.
Multifamily dwelling.
F.
Private outdoor recreation.
G.
Indoor recreation.
H.
Medical center or clinic, hospital or related use.
I.
Community center.
J.
Club.
K.
Animal day care facilities.
[Added 3-7-2016 by L.L.
No. 1-2016]
L.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
M.
Non-owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
Lot and structure requirements shall be as follows:
Each use shall comply with all regulations of Article IV applicable to the use.
The Village Edge North District is located along the Village's
easterly boundary, north of U.S. Route 20, and is comprised of parcels
currently developed for commercial retail uses and vacant land that
could support future commercial development. The purpose and intent
of this district is to encourage future commercial development while
also providing an effective land use transition to the residential/agricultural
and open space lands to the east in the Town of Cazenovia.
The following structures and uses are permitted in this district
without site plan approval or a special use permit, but may be subject
to Planning Board and/or Historic Preservation Commission review pursuant
to other provisions of this chapter:
The following structures and uses are permitted in this district
upon prior site plan approval by the Planning Board and the issuance
of a building permit and/or zoning permit by the Code Enforcement
Officer:
The following structures and uses are permitted in this district
upon prior issuance of a special permit by the Planning Board and
the issuance of a building permit and/or zoning permit by the Code
Enforcement Officer:
A.
Restaurants, pharmacies and banks and bank branch offices with drive-in
facilities.
B.
Automotive and recreational vehicle sales, service and repair.
C.
Multifamily dwellings.
D.
Convenience stores.
E.
Car washes.
H.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
I.
Non-owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
Lot and structure requirements shall be as follows:
Each use shall comply with all regulations of Article IV applicable to the use.
[Amended 2-3-2014 by L.L. No. 1-2014]
The provisions of the VES Residential Zone are intended to promote
traditional neighborhood development patterns and provide for a diversity
of dwelling types, age groups, and income levels, in a manner consistent
with the variety of existing dwellings in the area and with traditional
Village building and site development patterns. These zoning regulations
are intended to further the following policy goals set out for the
VES-R Zone:
A.
Conservation subdivision.
B.
Creation of Village streets and interconnectivity within the zone.
C.
Protection of natural resources identified in the zone through site
performance.
D.
Conservation of identified views.
E.
Walkable and bikeable neighborhoods that are interconnected.
F.
Continuation of the traditional architecture found in the Village.
[Added 2-3-2014 by L.L. No. 1-2014]
All development and redevelopment of lots and property in VES
shall comply with the VES Design Guidelines[1] to the extent practicable, including:
A.
Landscape design. Any proposed development or redevelopment subject
to a building permit or review under this chapter shall include a
landscape and planting plan that includes:
(1)
A map or sketch of existing vegetation to be retained or removed.
(2)
A detailed landscape plan that includes a list of the number,
type and location of proposed vegetation.
(3)
A narrative or drawing demonstrating how the development or
redevelopment will preserve protected conservation areas and existing
natural features, including mature trees, tree canopies, land forms,
existing topography and vegetation.
B.
Density. Maximum gross density in the VES Residential District shall
be 10 dwelling units per acre subject to other provisions of this
chapter.
[1]
Editor's Note: The Design Guidelines are included as an attachment
to this chapter.
[Amended 2-3-2014 by L.L. No. 1-2014]
A.
The following structures and uses are permitted in this District
upon prior site plan approval by the Planning Board and the issuance
of a building permit and/or zoning permit by the Code Enforcement
Officer:
(1)
One- and two-family dwellings. (NOTE: When two-family or multiple-family
dwellings are proposed, they shall be integrated architecturally and
in scale with the same streetscape as single-family dwellings and
not isolated in separate areas of the VES Residential District. Home
occupation limited uses shall be allowed as a matter of right without
prior site plan approval or issuance of a building permit.) (Senior
shared housing shall be considered a single-family detached home.
Not more than 40% of new units in any particular development may be
two-family.)
(2)
Residential accessory structures, including garages, storage sheds,
gazebos and pools.
(3)
Multifamily dwellings, including townhouses. (NOTE: When two-family
or multiple-family dwellings are proposed, they shall be integrated
architecturally and in scale with the same streetscape as single-family
dwellings and not isolated in separate areas of the VES Residential
District. Home occupation limited uses shall be allowed as a matter
of right without prior site plan approval or issuance of a building
permit.)
B.
The following uses are allowed upon issuance of a special use permit
issued by the Village Planning Board:
C.
Design and dimension requirements.
(1)
Protected conservation area.
(a)
Unless the conservation analysis finds otherwise, at least 30%
of the zone shall be set aside (meaning permanently protected in the
form of conservation easements or restrictive covenants enforceable
by the Village of Cazenovia) as protected conservation area based
upon the VES Design Guidelines. When a development plan does not encompass
the entire zone, at least 30% of the development area must meet this
requirement or the applicant must demonstrate to the satisfaction
of the Planning Board that there are legally enforceable commitments
from other property owners which will allow the requirement to be
met upon full development of the zone.
(b)
Not less than 10% of the any particular development site shall
be used for green space in a form that is integrated into the residential
neighborhood and accessible to the public, such as a central green,
neighborhood squares or commons, tot lots, a community park, or any
combination of the above consistent with the VES Design Guidelines.
The remaining 30% of required green space may be private yards, stormwater
facilities and other areas not necessarily accessible to the public.
(2)
Blocks. Streets shall be designed consistent with the Design Guidelines
for the VES Residential Zone. The intention is to create blocks that
are generally rectilinear in shape, a modified rectilinear shape,
such as curves, or another regularly repeating, distinct geometric
shape. Amorphously shaped blocks are discouraged, except where topographic
or other conditions such as protected conservation areas necessitate
such a configuration. To the greatest extent possible, blocks shall
be designed to have a maximum length of 480 feet. Lanes, pathways
or alleys may bisect blocks.
(3)
Street layout. The street layout shall form an interconnected system
of streets primarily in a rectilinear grid pattem, modified to avoid
a monotonous repetition of the basic street/block pattern. The use
of culs-de-sac and other streets with a single point of access is
prohibited. Lots served by a shared driveway may be created by variance.
To the greatest extent possible, streets shall be designed to have
a maximum length of 480 feet from intersection to intersection and,
to the greatest extent possible, shall either continue through an
intersection or terminate in a T-intersection or mini roundabout directly
opposite the center of a building, a green space area, or a view into
a peripheral green space area.
(4)
Sidewalks and pathways. Consistent with the VES Design Guidelines,
a sidewalk and/or pathway network shall be provided throughout the
development that interconnects all dwelling units with nonresidential
structures, common green spaces, protected conservation areas and
adjacent development. The pedestrian circulation system shall include
crosswalks where appropriate and include gathering/sitting areas and
provide benches, landscaping, and other street furniture where appropriate.
(5)
Minimum lot area: 5,000 square feet.
(6)
Maximum building lot area: 20,000 square feet.
(7)
Minimum lot width at building line: 40 feet.
(8)
Maximum lot width at building line: 80 feet for single-family dwellings.
The Planning Board shall have discretion to establish this limitation
for two-family and multifamily dwellings.
(9)
Design standards. Variations in the principal structure position
and orientation may be considered and the following standards shall
apply:
(a)
The front of all principal buildings on new blocks or streets
shall be aligned along a "build-to line," which is a line parallel
to the front lot line and set back a fixed distance to either the
front porch or front facade. The build-to line shall be established
at the time of subdivision approval, consistent with the VES Design
Guidelines, and shall be between five feet and 40 feet from the edge
of the sidewalk. Actual construction of the building may be within
10% of the build-to line.
(b)
The street facade of all buildings shall extend along a minimum
of 40% of the lot width at the build-to line.
(c)
Sixty percent of houses in a subdivision of five or more lots
shall have front porches, which shall extend along a minimum of 50%
of the street facade and shall be built with a suitable depth for
full use as a porch.
(d)
For porches, the proposed designs and materials will be substantially
similar, as determined by the Planning Board, to traditional architectural
elements found in the Village of Cazenovia.
(e)
Detached garages located behind the home or attached garages
with garage doors facing the rear yard are the preferred garage configurations.
Garage doors shall be in similar character and style as the principal
structure.
(f)
Attached garages with garage doors perpendicular to the front
facade are permitted, provided that the materials and massing of the
sidewall of the garage facing the street are residential in character
and are compatible with the primary structure.
(g)
Attached garages with garage doors running parallel to the front
facade of the home are only permissible where lot conditions prohibit
a perpendicular garage configuration. Under these conditions, garage
doors must be set back at least 15 feet behind the principal plane
of the front facade.
(h)
One-third of the floor area of all principal buildings shall
be on the second story, or a one-story house shall use Universal Design
principles in its construction.
(i)
Snout houses are prohibited.
(k)
Side yard. Minimum separation of 15 feet between principal structures;
maximum separation of 30 feet. Principal buildings may be constructed
on or near the lot line if an adequate adjustment is made to the neighboring
building and this is done for the purpose of creating variety in lot
sizes and arrangements. Buildings may utilize shared wall construction
with zero setbacks. Steps, bay windows, porches and chimneys may encroach
up to three feet into a required side yard. Porches should align with
the build-to line. There shall be no electric or gas meters, compressors,
or garbage cans between the front of a building and the front lot
line.
(l)
All utilities must be located underground to the extent practicable.
Any utilities located above the ground must have adequate vegetative
screening.
(10)
Maximum impervious coverage: forty-percent limit per building
lot.
(11)
Minimum frontage. Lots must have frontage either on a street
or on an alley or a shared driveway. Dwellings served by rear lanes
may front directly onto parks or greens, such as in a pocket neighborhood,
which shall be designed with perimeter sidewalks. Lots proposed to
be accessed by a common development area, that is, having no frontage
as required, must be approved by the Village Board of Trustees and
consistent with New York State law.
(12)
Maximum building height: 35 feet.
D.
Prior approval required. No site preparation or construction shall
commence until site plan approval and or subdivision approval has
been granted by the Planning Board. The Planning Board has full discretion
to approve or deny applications for proposed projects within the VES
Residential Zone based on compliance with the standards herein.
E.
Conservation analysis required.
(1)
The purpose of these regulations is to achieve a balance between
well-designed commercial or residential development, meaningful protected
conservation area conservation, natural resource protection, and the
continuation of cultural and local scenic values. The implementation
of the regulations is intended to protect tracts of environmentally
sensitive and scenically significant undeveloped land, including road
corridors and buffer areas, in order to maintain the historic land
use patterns and implement the "Comprehensive Plan - Village and Town
of Cazenovia." Conservation analysis in coordination with site planning
results in the protection and preservation of contiguous protected
conservation area and important scenic and environmental resources.
(2)
An applicant shall prepare a conservation analysis site plan. This
plan shall contain site-specific inventory maps, description of the
land, and an analysis of the conservation value of various site features.
The conservation analysis shall show lands with conservation value,
including but not limited to the following:
(a)
DEC and Army Corps of Engineers wetlands.
(b)
Stream corridors and intermittent and perennial watercourses.
(c)
Ponds and lakes.
(d)
FEMA-designated one-hundred-year floodplains.
(e)
Steep slopes (average grade greater than 15% over greater than
5,000 square feet of contiguous area).
(f)
Vegetative buffer areas necessary for screening and framing
new development.
(g)
Unfragmented forestland, trees 12 inches in diameter at breast
height (dbh) or larger (which may be shown as individuals or in groupings).
(h)
Land exhibiting present or potential, historic, ecological,
agricultural, forest, water resource, scenic, or other natural resource
value.
(i)
Farmland in an agricultural district.
(j)
USDA prime soils and soils of agricultural significance.
(k)
Existing trail corridors.
(l)
Local scenic viewsheds.
(m)
Public water supply watersheds, wellhead zones.
(n)
Park and recreation land, and historic and archaeological sites.
(o)
Stone walls.
(p)
Public and private rights-of-way.
(q)
Utility easements.
(r)
Other lands exhibiting present or potential future historic,
ecological, agricultural, water resource, scenic or other natural
resource value, as determined by the Planning Board.
(3)
Guidance for these resources may be found in, among other plans,
the Comprehensive Plan or published adopted protected conservation
area or farmland protection plans.
(4)
The applicant is strongly advised to meet with the Cazenovia Advisory
Conservation Commission (CACC) for assistance in preparation of its
conservation analysis.
(5)
The conservation analysis site plan shall be submitted to the Planning
Board for review of the applicant's identification of valuable natural
and man-made resources on the property. The conservation analysis
shall describe the importance and the current and potential conservation
value of all land on the site. In the course of its review, the Planning
Board shall indicate to the applicant which of the lands identified
as being of conservation value are most important to preserve.
(6)
The outcome of the conservation analysis and the Planning Board's
determination shall be incorporated as an integral part of the preparation
of the final site plans. The final site plans shall show land to be
permanently preserved by a conservation easement, as well as recommended
conservation uses, ownership, and management guidelines for such land.
(7)
The final determination as to which land has the most conservation
value and should be protected from development shall be made by the
Planning Board. The Planning Board shall make written findings identifying
the specific conservation values protected and the reasons for protecting
such land ("conservation findings"). The Planning Board shall deny
an application that does not include a complete conservation analysis
sufficient for the Board to make its conservation findings. The Planning
Board may waive any submission requirements that it, in its sole discretion,
deems unnecessary for a complete conservation analysis.
[Added 2-3-2014 by L.L. No. 1-2014]
All uses not listed in permitted uses in § 180-61 are expressly prohibited in this district.
[Amended 2-3-2014 by L.L. No. 1-2014]
The Village Edge South Mixed Use District is located along the
Village's easterly boundary south of U.S. Route 20 and is comprised
mostly of currently undeveloped vacant land that could support desired
residential and commercial development. Adjacent developed lands located
just to the east in the Town of Cazenovia have also been evaluated
in the context of the VES-MU Zone for potential annexation and redevelopment.
The purpose and intent of this district is to encourage a compatible
mixture of residential and commercial development along with preserved
conservation areas that will serve as a welcoming gateway to the Village
as one enters from the less developed lands to the east. These zoning
regulations are intended to further the following policy goals set
out for the VES Zone:
A.
Mixed use.
B.
Creation of Village streets and interconnectivity within the zone
rather than individual curb cuts from Route 20.
C.
A village character that is a porous, softened urban form.
D.
Protection of natural resources identified in the zone through site
performance.
E.
Conservation of the identified viewshed.
F.
Walkable and bikeable neighborhoods that are interconnected.
G.
Continuation of the traditional architecture found in the Village.
[Amended 2-3-2014 by L.L. No. 1-2014]
A.
All development and redevelopment of lots and property in VES shall
comply with the VES Design Guidelines found in Appendix B to this
chapter to the extent practicable,[1] including:
(1)
Landscape design. Any proposed development or redevelopment subject
to a building permit or review under this chapter shall include a
landscape and planting plan that includes:
(a)
A map or sketch of existing vegetation to be retained or removed.
(b)
A detailed landscape plan that includes a list of the number,
type and location of proposed vegetation.
(c)
A narrative or drawing demonstrating how the development or
redevelopment will preserve protected conservation areas and existing
natural features, including mature trees, tree canopies, land forms,
existing topography and vegetation.
(2)
Streetscape and sidewalk design. Any proposed development or redevelopment
subject to a building permit or review under this chapter shall include
plans for sidewalks or pedestrian paths that contribute to the goal
of a unified pedestrian network in the VES in accordance with the
VES Design Guidelines. Any such proposed development or redevelopment
shall include a streetscape and sidewalk plan that demonstrates:
(a)
Dimensions of proposed pathways and sidewalks.
(b)
Streetscape amenities, including lighting, sidewalk furniture
(such as benches and refuse containers), signage.
(c)
Traditional lighting, at a pedestrian scale 12 feet to 15 feet
in height similar in design to lighting found in the Village provided
at consistent intervals. Tall, high-intensity streetlighting is prohibited.
(d)
Utilities located underground and vaults and transformer pads
located to have minimal impact on public spaces.
(e)
The pathway described in the VES Design Guidelines along Route
20 and the Village street.
[1]
Editor's Note: The Design Guidelines are on file in the Village
offices.
B.
Building size requirements. In accordance with the VES Design Guidelines,
the following requirements are intended to encourage buildings that
are the desired character and provide for mixed use as well as land
conservation and groundwater recharge:
(1)
No building with a gross floor area greater than 5,000 square feet
shall be permitted unless it incorporates mixed uses within the building
(whether on a single story or with multiple stories) or is a building
devoted to a single use but is associated with one or more separate
buildings devoted to other use(s) on the same site or on a separate
parcel within the VES Mixed Use Zone. Alternatively, a building may
be greater than 5,000 square feet with a singular purpose if at least
1/3 of the square feet are on a second floor.
(2)
All projects that propose to have a greater parking area than building
footprint must have an area of green space on the lot which is equal
in area to at least 25% of the area of the lot dedicated to surface
parking.
(3)
Maximum building footprint: 30,000 square feet.
C.
Building and architectural detail.
(1)
The front of all principal buildings on new blocks or streets shall
be aligned along a "build-to line," which is a line parallel to the
front lot line and set back a fixed distance. The build-to line shall
be established at the time of site plan review, consistent with the
VES Design Guidelines. The build-to line shall form the street wall,
and 40% of a building's front facade must meet the line. Up to 20%
of the building may be set back if the space between the build-to
line and the building is public space.
(2)
Except for new buildings with a building footprint of less than 5,000
square feet, all new buildings and major additions must be between
two and three stories tall and at least 20 feet tall at the front
facade. A fourth story may be approved by special use permit.
(3)
All buildings must be designed in compliance with the VES Design
Guidelines and other applicable architectural requirements in the
Village.
(4)
All buildings must utilize entrances on the front of the building
at the build-to line that open toward the sidewalk and/or make a direct
connection between the entrance and the sidewalk.
(5)
First-floor facades should include a minimum of fifty-percent glass,
while upper floors should have between fifteen-percent and forty-percent
glass. Glass area is measured per facade as inclusive of muntin and
sash and exclusive of casings.
(6)
Heating, ventilation, and air-conditioning equipment on the roof
shall not be visible from the street.
(7)
No loading zones or blank facades may front on a Village street.
No building should have more than 15 horizontal feet of wall without
a window or door.
D.
Streets and parking.
(1)
Any proposed development shall provide a circulation plan in and
around the development for pedestrians, vehicles, and cyclists which
includes a detailed map showing:
(a)
Proposed Village streets, sidewalks, trails and pathways and
how they form a network.
(b)
Circulation patterns, including points of ingress and egress.
(c)
The dimensions of any proposed roads, pathways and sidewalks.
(d)
The location and number of proposed parking spaces.
(e)
The location of bike parking facilities.
(f)
Specifications of parking lot islands or bioswales.
(g)
Connections to adjoining parking lots and side streets or alleys
with clearly delineated pedestrian paths to and across them and especially
to the building being served.
(h)
Parking lots are not allowed on street corners.
(2)
To further the goals of minimizing impervious surfaces and enhancing
aquifer recharge, the Planning Board shall review calculations for
required off-street parking to avoid overbuilt lots. Given the requirements
for shared and interconnected parking in the VES-MU Zone, the total
quantity of spaces should be reduced to the number likely to be actually
needed for the safety and effectiveness of the site plan.
E.
Route 20 special restrictions. Development occurring along Route
20 in the VES Mixed Use Zone is subject to the following special restrictions
in accordance with the VES Design Guidelines:
(1)
Buildings fronting on Route 20 shall be located no greater than 65
feet from the Route 20 right-of-way line.
(2)
Buildings located on a corner created by a Village street shall be
considered to front on the Village street.
(3)
There shall be no parking between any building and Route 20. Accessory
driveways for internal circulation and delivery may be located within
this setback.
(4)
All proposed development along Route 20 must include a significantly
landscaped and contoured buffer that includes the proposed pathway
in the VES Design Guidelines.
(5)
Primary entrances to development shall be located on Village streets.
These are prohibited along Route 20.
(6)
Minor limited-access ingress and egress may be proposed on Route
20, subject to site plan review and NYS DOT approval.
F.
Special exceptions for redevelopment projects. Redevelopment projects,
per parcel, shall be given the following relief in order to encourage
redevelopment of existing sites:
(1)
Curb cuts. Existing development may, as part of site plan review,
retain one existing curb cut along Route 20 subject to NYS DOT approval.
Other curb cuts must be removed.
(2)
Parking. Subject to site plan review, very limited parking may be
retained in areas restricted by this section on redevelopment sites
but must be effectively screened from Route 20 by vegetation.
[Amended 2-3-2014 by L.L. No. 1-2014]
A.
All uses in the VES-MU District shall comply, to the maximum extent
practicable, with the VES Design Guidelines. No application shall
be deemed complete without a written report submitted to, reviewed
and approved by the Planning Board detailing the extent to which the
application complies with the VES Design Guidelines. Such report shall
be considered part of the application and subject to review by the
respective boards. This report can either be prepared by the applicant
or by a consultant hired by the Village, the expense of which is reimbursable
by the applicant.
B.
Uses permitted upon the grant of site plan approval by the Planning
Board and the issuance of a building permit and/or zoning permit by
the Code Enforcement Officer:
(1)
Day-care center.
(2)
Office.
(3)
Hotel/motel.
(4)
Nursery/greenhouse.
(5)
Restaurant.
(6)
Retail business.
(7)
Theater.
(8)
Dwelling, multifamily.
(9)
Dwelling, accessory unit.
(10)
Senior care facility.
(11)
Fitness center/spa.
(12)
Education use.
(13)
Library.
(14)
Lodge or club.
(15)
Religious institution.
(16)
Medical center.
C.
The following structures and uses are permitted in this district
upon special permit by the Planning Board and the issuance of a building
permit and/or zoning permit by the Code Enforcement Officer:
(1)
Light manufacturing.
(2)
Retreat/conference center.
(3)
Recreation, indoor.
(4)
Recreation, public outdoor.
(5)
Pharmacies and banks and bank branch offices with drive-in facilities.
[Added 3-7-2016 by L.L.
No. 1-2016]
(6)
Animal day care facilities.
[Added 3-7-2016 by L.L.
No. 1-2016]
(7)
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
(8)
Non-owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
D.
VES-MU density. The VES-MU Zone does not have a formal limit on density.
It is the intent that the required greenspace, protected conservation
area, parking, stormwater management, pedestrian facilities and Village
streets, in combination with building height limits, minimum and maximum
lot sizes, maximum building footprint, frontage and other design requirements,
provide adequate limits on the size, scale, performance and character
of development that density limits are not necessary.
(1)
Required green space. All uses in the VES-MU District shall incorporate
the amount of green space equal to not less than 50% of the building
lot.
(2)
Protected conservation area in exchange for green space. The VES
Design Guidelines indicate specific areas for conservation in the
way of protected conservation area protection. In order to encourage
the formal protection of protected conservation area, the required
green space may be reduced at a rate of one unit protected conservation
area to 1/4 unit green space, but in no case shall the required green
space be reduced to less than 40% of the building lot.
[Added 2-3-2014 by L.L. No. 1-2014]
All uses not listed in permitted uses in § 180-64 are expressly prohibited in this district.
Uses permitted in LM Light Manufacturing District shall be as
follows:
Uses permitted upon issuance of a special permit shall be as
follows:
Lot and structure requirements shall be as follows:
Each use shall comply with all regulations of Article IV applicable to the use.
[Added 9-3-2014 by L.L. No. 5-2014]
The provisions of the WG Western Gateway Zone are intended to
promote desirable economic development emphasizing uses that will
create jobs, attract visitors and have a synergistic effect on the
community as a whole while minimizing negative effects on the aesthetic
appearance of the area and the residential properties in the zone.
The district regulations are intended to encourage the maintenance
and historic preservation of the "grand homes" that are prevalent
in the Western Gateway Zone by allowing compatible nonresidential
uses that will make the upkeep of these historically and architecturally
significant buildings economically feasible. These regulations are
specifically intended to preserve existing structures and therefore
to apply strict scrutiny to any application for certificates of compatibility
and/or hardship relief for any proposed demolition. The regulations
are intended to effectively blend potential new nonresidential uses
with the existing residences and the natural, cultural and historic
resources in or near the area, such as the Lorenzo State Historic
Site and Gypsy Bay Town Park, in order to enhance their public use
and positive role in the Cazenovia community by fostering and promoting
an aesthetically pleasing gateway to the community as viewed by people
entering from the west via Route 92 and Route 20 and from other public
places.
[Added 9-3-2014 by L.L. No. 5-2014]
In addition to all other applicable sections of this Code, all
plans for development and redevelopment of lots and property for other
than single-family use in the WG District shall comply with the following
requirements:
A.
Landscape design. Any proposed development or redevelopment subject
to a building permit or review under this chapter shall retain existing
vegetation to the maximum extent practicable. All applications shall
include a landscape and planting plan that includes:
(1)
A map or sketch of existing vegetation, a narrative report as
to what, if any, vegetation is to be removed, and in such the reason(s)
compelling such removal.
(2)
A detailed landscape plan that includes a list of the number,
type and location of all proposed vegetation to be altered or added
to the site. The plan must demonstrate that any existing vegetation
removal that would affect the residential character of the district
shall be replaced by plantings which will maintain that character.
(3)
A narrative or drawing demonstrating how the development or
redevelopment will preserve existing natural features, including mature
trees, tree canopies, land forms, existing topography and vegetation,
and avoid conflicts with existing residential, public and quasi-public
uses.
B.
Building scale and streetscape. The size, location and shape of any
modification to an existing structure shall be consistent and compatible
with the existing streetscape formed by the structures within this
district. All modifications to existing buildings, as well as reconstruction
of buildings lost to fire or other casualty, shall maintain the residential
character of the building and the district.
C.
Exterior materials. All exterior building materials shall be in accordance with the Historic Preservation Overlay District provisions of this Code (§ 180-74 et seq.) and the standards referenced therein.
D.
Driveways, walkways, and landscaping. Use and design of both man-made
and natural materials for walks, outdoor activity areas and decorative
areas shall be compatible with the treatment of nearby residential
properties. Front lawn areas shall be maintained, and side and rear
yard landscaping shall effectively screen parking areas from view
from abutting residential properties and from Ledyard Avenue (Route
20) and Cazenovia Lake. Use of pervious and semipervious surfaces
for driveways, walkways and parking areas is encouraged, but not necessarily
required.
E.
Lighting. All outdoor artificial lighting shall be installed, utilized and maintained in accordance with the provisions of § 180-112 of this chapter. Residential styles and intensities of lighting shall be utilized for light emanating from windows with exposures to public streets and other public areas, including Cazenovia Lake.
F.
Lake view. The design and location of all structures and landscaping
shall preserve or enhance an aesthetic view of lakeshore properties
from Cazenovia Lake and other public places that maximizes natural
elements and green space.
[Added 9-3-2014 by L.L. No. 5-2014]
B.
The following uses are allowed upon issuance of a special use permit
issued by the Village Planning Board:
(1)
Bed-and-breakfast in a residence existing as of June 1, 2014.
(2)
Inns and similar facilities with not more than 15 guest rooms
providing temporary overnight lodging for transient guests, including
related guest services, including spas, dining rooms, restaurant,
banquet and conference facilities, and retail sales, that are clearly
accessory to, and identified with the business of the facility, in
a building existing as of June 1, 2014.
(3)
Office uses (but excluding space for the garaging and/or dispatching
of motor vehicles) in a building existing as of June 1, 2014.
(4)
Conservation areas.
(5)
Recreation, public outdoor.
(6)
Clubs.
(7)
Museum in a building existing as of June 1, 2014.
(8)
School, public and private, and postsecondary educational institution
in a building existing as of June 1, 2014.
(9)
Home occupation.
(10)
Mixed use of otherwise permitted residential and nonresidential
uses.
(11)
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
(12)
Non-owner-occupied transient occupancy lodging established and hosting transient occupants in an existing residence prior to July 2, 2018, and for which a complete initial application for approval is received by the Village Clerk by October 1, 2018, subject to the provisions of Subsection A of § 180-104 of this chapter.
[Added 8-6-2018 by L.L.
No. 6-2018]
C.
WG District design and dimension requirements.
(2)
On lots with existing structures as of the effective date of
this section, the front yard depth to the existing structure closest
to the public street or highway which it faces shall be maintained.
In the event of destruction or demolition of any such existing structure,
any reconstruction, redevelopment or new construction shall adhere
to the same front yard setback line.
D.
WG District supplemental regulations.
(1)
Expansion of an existing building for a use other than a one-family
dwelling shall be permitted only to the extent that it is limited
in scope and the Planning Board finds that the expansion is necessary
to practically accommodate the use and will not adversely alter the
architectural character of the building or the residential character
or quality of the neighborhood.
(2)
Tents and other temporary structures shall not be permitted
to be utilized in conjunction with a banquet or similar event associated
with uses established by issuance of a special permit after the effective
date of the creation of the district. Docks leading into Cazenovia
Lake shall be limited to one per premises. For uses other than one-family
dwellings, each dock shall be limited to space for temporary daily
or overnight mooring of not more than four boats. Commercial marinas
are specifically prohibited in the WG District.
(3)
All events occurring within the district must be conducted in compliance with the provisions of Chapter 115, Noise, of this Code.
(4)
Except as otherwise provided herein, on-site parking shall be provided in accordance with the provisions of § 180-113 of this chapter. Parking spaces shall be integrated into the topography and vegetation of the lot in order to maximize screening effects and minimize adverse stormwater runoff impacts. Use of pervious and semipervious materials for parking areas is encouraged, but not required. Banquets and similar uses conducted in association with an otherwise permitted use shall be limited to a maximum number of guests calculated as two guests per parking space provided and available for the event.
(5)
For all uses established by issuance of a special permit after the effective date of the creation of the District, a stormwater management plan shall be prepared by the owner or operator of the facility and approved by the Village Engineer and the Planning Board. All such plans shall specifically address the prevention of potential stormwater impacts on the waters of Cazenovia Lake and neighboring properties. Post development quantity and quality of off-site stormwater discharges shall not exceed predevelopment conditions. Application of fertilizers and other lawn treatments shall be in accordance with the provisions of Chapter 67 of this Code.
[Added 2-2-2015 by L.L.
No. 1-2015]
Uses permitted in the CD Creekside Development District shall
be as follows:
A.
Home occupation limited.
[Added 2-2-2015 by L.L.
No. 1-2015]
Uses permitted in the CD Creekside Development District upon
issuance of a special permit shall be as follows:
A.
Office use as defined in § 180-9 of the Village Code, but excluding space for the garaging and/or dispatching of motor vehicles.
B.
Multifamily dwelling.
C.
Medical center or clinic.
D.
Senior care facility.
E.
Museum.
F.
Community center.
G.
Recreation, public outdoor.
H.
Conservation area, which may include public and/or privately owned
walking trails and associated facilities.
I.
Mixed uses of otherwise permitted and special permit uses in the
CD District.
J.
Owner-occupied transient occupancy lodging.
[Added 8-6-2018 by L.L.
No. 6-2018]
K.
Non-owner-occupied transient occupancy lodging established and hosting transient occupants in an existing residence prior to July 2, 2018, and for which a complete initial application for approval is received by the Village Clerk by October 1, 2018, subject to the provisions of Subsection A of § 180-104 of this chapter.
[Added 8-6-2018 by L.L.
No. 6-2018]
[Added 2-2-2015 by L.L.
No. 1-2015]
A.
Within the CD Creekside Development District, there are no specific lot and structure requirements. Except as otherwise specifically provided in this section, all provisions of Article IV (Supplemental Use and Site Regulations) of this chapter, including, but not limited to, lighting, transition and buffering requirements, shall be applicable within the District. In evaluating proposed uses, the Planning Board shall apply the standards enumerated in §§ 180-141 (Architectural review and approval), 180-142 (Site plan review and approval), and 180-143 (Special permit review and approval), as well as Chapter 95 (Flood Damage Prevention) for lands that lie within areas of special flood hazard. Inasmuch as all principal uses in the District are special permit uses, for purposes of the special use review criterion set forth in § 180-143D(1)(b), the nature and intensity of operations of special uses in the District shall not be more objectionable to surrounding properties than those of permitted uses in adjoining districts. Signs permitted in the District, and on-site parking, shall be as approved by the Planning Board as appropriate for the proposed use, but signs for any particular lot and/or use may not exceed those permitted in the B-1 District. Development upon properties lying within the Historic Preservation Overlay District shall be subject to review by the Historic Preservation Committee as provided in this chapter.
B.
For all new uses and expansions of existing uses, a stormwater management
plan shall be prepared by the owner or operator of the facility and
approved by the Village Engineer and the Planning Board. All such
plans shall specifically address the prevention of potential stormwater
impacts on the waters of Chittenango Creek and neighboring properties.
Post-development quantity and quality of off-site stormwater discharges
shall not exceed pre-development conditions.
A.
The purpose of a Planned Development District is to provide a procedure
for possible rezoning of land in any district to permit and encourage
alternative concepts for developing and adapting land areas within
the Village for appropriate residential, business, manufacturing,
or other use, or compatible combinations of such uses. Clustering
and other land development techniques may be utilized where they will
contribute to more effective and economical land use and growth; preservation
of existing land, water, and other resources; reduction of the need
for extension of public services and systems; and strengthening of
the Village's economic base, in a manner consistent with the general
welfare of the community and with the purposes of these regulations
and the Comprehensive Plan.
B.
These regulations permit establishment of a Planned Development District
for areas of proposed new land use and development, including clustering
and mixing of dwellings and other uses and other concepts and approaches
to land use and development which are consistent with Village needs
and objectives. Permitted land use and development in a Planned Development
District may involve adjustment or waiver of permitted uses, minimum
lot area or other density standards, minimum yard depths and other
basic lot and structure requirements otherwise applicable to development
under other district regulations. Under such rezoning, the existing
district regulations are replaced by an approval process in which
an approved development plan becomes the basis for continuing land
use and development control.
C.
Nothing herein shall serve to obligate the Board of Trustees to establish
a Planned Development District nor to approve any requested adjustment
or waiver of permitted uses or development standards within such a
District. The Board of Trustees' discretion shall be absolute in approving
or denying a Planned Development District. An application for a Planned
Development District must demonstrate that the development concept
proposed for the land in question is in harmony with the Comprehensive
Plan and public policy decisions underlying these regulations and
will achieve some or all of the following objectives:
(1)
Greater choice in the types of dwelling or business buildings and
environments available to existing and potential residents and enterprises
in the community.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of facilities which serve particular
community needs.
(4)
Preservation of trees, streams, wetlands, topography and other natural
features; reduction of runoff and potential flooding, and prevention
of soil erosion.
(5)
Use and development of land which allows an orderly and compatible
transition from existing built-up portions of the Village to surrounding
less intensive use areas.
(6)
Patterns of use of land resulting in reduced and more efficient networks
of utilities and streets.
(7)
Any other environmental or other community benefits gained by use
of a Planned Development District as compared to strict application
of regulations of the district now applicable to the land in question.
In general, a Planned Development District shall be at least
five acres in area. Smaller areas of one or more acres may be considered
where the location and character of the lot, the scale and concept
of proposed development, and relationships of the lot to surrounding
uses and patterns of uses may be suitable for establishment of a PD
District and consistent with the above objectives.
Uses permitted within a proposed district shall be compatible
with existing and allowed uses in adjoining districts. Combinations
of such uses may be permitted, even if such uses are not expressly
permitted in an adjoining district. By way of illustration only, clustered
or attached one-family dwellings or other dwellings or combination
of dwellings may be considered in a PD District adjoining a residential
district. Combinations of residential and nonresidential uses, except
prohibited uses, may be permitted in any PD District where the proximity
and relationship of such uses are harmonious with each other and otherwise
comply with the purposes and intent of these regulations.
The procedure for establishment of a Planned Development District
shall be as follows:
A.
Sketch development plan/discussion with Board of Trustees and Planning
Board (optional). An applicant may submit a sketch development plan
and related site plan information to the Board of Trustees and the
Planning Board, and arrange to informally discuss a proposed Planned
Development District with the Boards, in order to ascertain whether
the Boards determine that such a plan appears to have merit for further
review and to identify key land use and development considerations
and potential issues and problems, if any, to be addressed in further
refinement of a formal Planned Development District application to
the Board of Trustees. The Boards may suggest refinements or modifications
in the basic plan for the applicant's consideration. If the Boards
advise the applicant that the proposal does not appear to have merit
for further review, the applicant may nevertheless proceed to make
formal application to the Board of Trustees.
B.
Establishment of a Planned Development District.
(1)
An application to the Board of Trustees for establishment of a Planned
Development District shall include the preliminary development plan
information set forth in the site plan review regulations. The application
shall be referred to the Planning Board at the Board of Trustees'
next regular meeting following receipt of a complete application.
(2)
The Planning Board shall review the application to determine whether
it is complete and may request clarification and additional information
from the applicant regarding any aspects of the application. The Planning
Board and the applicant may negotiate refinements or modifications
in the preliminary development plan proposals or other aspects of
the application. This negotiating process is intended to permit changes
in the original application that will allow the project to meet the
objectives of these regulations. The applicant may terminate negotiations
at any time by asking the Planning Board to proceed with its review
procedures at its next regular meeting.
(3)
The Planning Board shall submit an advisory report containing its
findings and recommendation to the Board of Trustees within 60 days
following receipt of a complete application and preliminary development
plan. It may recommend approval, approval with modifications or disapproval
of the preliminary development plan and establishment of a Planned
Development District. Where the Planning Board approves with modifications,
the applicant shall be given an opportunity to amend the preliminary
development plan to conform to the Board's suggested modifications
prior to the Board's report to the Board of Trustees.
(4)
The Board of Trustees shall hold a public hearing as required for
any amendment of these regulations and shall consider the report and
recommendations of the Planning Board, and all other comments, reviews
and statements pertaining thereto. The Board of Trustees may act to
amend the Zoning Map to establish and define the type and boundaries
of the Planned Development District, and in order to protect the health,
safety and general welfare of the community, may establish additional
requirements and specific conditions restricting the nature, density,
or design of proposed land use and development, and may request that
the applicant submit an amended preliminary development plan conforming
with such requirements and conditions prior to final action by the
Board to establish a district.
(5)
As part of an action to establish a district, the Board of Trustees
may waive certain requirements of permitted uses and lot and structure
requirements of these regulations, where it is determined that such
waivers will not adversely affect the character of the neighborhood
or adjacent land uses or natural resources. Any such waivers shall
be expressly related to representations made by the applicant on the
preliminary development plan drawings and other documents and shall
not serve to waive any other requirements or to permit the applicant
to modify or relax other requirements. Upon approval by the Board
of Trustees of a preliminary development plan and establishment of
a Planned Development District, the plan shall be filed by the Village
Clerk and shall serve as a permanent record governing future development
within the district.
C.
Final development plan review and other approval of development within
an established Planned Development District:
(1)
Amendment of the Zoning Map to establish a district shall not constitute
authorization to undertake any construction and development in the
district.
(2)
Such authorization shall require that the applicant submit to the
Planning Board a final development plan conforming to conditions and
restrictions imposed by the Planning Board and Board of Trustees,
if any, and such further plans and specifications and supporting documents
required for a building permit.
(3)
If the applicant has previously indicated that development of the
district will be phased, the application for a building permit may
be limited to approved phases. It is the intent of these regulations
that any individual phases of a planned development project proceed
logically and have an integrity of use in their own right so that,
if for any reason the entire planned development is not completed,
the developed portions will be an asset to the community by themselves
and can eventually be extended and completed without land areas becoming
isolated and inaccessible. Phasing plans shall consider this objective.
(4)
No building permit shall be issued until the Planning Board has undertaken
its normal reviews required by these regulations and has determined
that the final development plan has been made to conform to all prior
conditions and restrictions, if any, and has approved the plan, and
until the Planning Board has forwarded a copy of the approved plan
and reported to the Board of Trustees as to its intent to authorize
issuance of a permit.
(5)
Affirmative action by the Planning Board shall be construed as permitting
subdivision, construction, or development in a Planned Development
District only in substantial conformity with the final development
plan approved by the Board. A final development plan shall not be
amended except upon approval of the Planning Board. Where the Board
determines that the amendment is significant, application to the Board
of Trustees for such amendment and a public hearing shall be required.
The Board of Appeals is not authorized to grant a variance from the
plan approved by the Board of Trustees.
(6)
The approved plan shall run with the land and shall continue to control
development within the district, and shall not lapse or be waived
as a result of any change in ownership or tenancy of any or all of
the designated district.
(7)
If development of a Planned Development District has not commenced
within two years after the date of the Planning Board approval of
a final development plan and issuance of a building permit, the permit
shall become null and void, and the plan approval shall be deemed
revoked and vacated; except that such time period may be extended
upon application to and authorization by the Planning Board.
(8)
If development of a Planned Development District has not commenced
within the two-year period described above, the Board of Trustees
may elect to conduct a public hearing and otherwise consider and act
upon amendment of zoning of the land from Planned Development District
to its former district status, or such other district status as the
Board of Trustees may deem appropriate.
The Board of Trustees and the Planning Board shall review preliminary
and final development plans for a planned development district in
accordance with criteria for architectural review, site plan review
and special use permit review as each or all such reviews may apply
to the proposed district. A Planned Development District shall also
be subject to SEQR procedures and certificate of compatibility requirements
and other regulations if the proposed district is located within an
Historic Preservation Overlay District.
A.
It is hereby declared as a matter of public policy that the protection,
enhancement, and perpetuation of landmarks and historic areas are
necessary to promote the economic, cultural, educational, and general
welfare of the public. Inasmuch as the identity of a people is founded
on its past, and inasmuch as the Village of Cazenovia has many significant
historic, architectural, and cultural resources which constitute its
heritage, the Historic Preservation Overly District and these regulations
are intended to:
(1)
Protect and enhance the landmarks and historic areas which represent
distinctive elements of Cazenovia's historic, architectural, and cultural
heritage;
(2)
Foster civic pride in the accomplishments of the past;
(3)
Protect and enhance Cazenovia's attractiveness to visitors and to
support and stimulate the economy thereby provided; and
(4)
Ensure the harmonious, orderly, and efficient growth and development
of the Village.
B.
These regulations shall apply within the Historic Preservation Overlay
District delineated on the Zoning Map of the Village of Cazenovia
and to any landmarks, new historic districts and expansion of the
existing Historic Preservation Overlay District established pursuant
to the provisions of these regulations.
[Amended 7-7-2014 by L.L. No. 4-2014; 3-7-2016 by L.L. No. 1-2016]
[Amended 7-7-2014 by L.L. No. 4-2014]
There is hereby created a committee to be known as the Cazenovia
Historic Preservation/Architectural Review Committee (the "Committee").
A.
The Committee shall be appointed, to the extent qualified persons
are available in the community, by the Mayor, with the approval of
the Board of Trustees. The membership of the Committee shall be composed
of five members, and all such members shall have demonstrated interest,
competence and/or knowledge of historic preservation; said members
shall be recruited from the disciplines of history, architecture,
architectural history, architectural archaeology, engineering, construction,
and other historic-preservation-related professions. They shall be
primarily recruited from the Village, and at least three members must
be Village residents. All members must be residents of either the
Village or Town of Cazenovia. One member will preferably be a representative
of the Central Business District. He/she will operate or own a business
in an historic district located on Albany Street or within a block
of Albany Street. Additionally, at least one other member shall also
be a resident of an historic district. The Mayor, with the approval
of the Board of Trustees, may also appoint temporary alternate members
to the Committee to serve as provided in this section as the Mayor
and Board of Trustees deem necessary or appropriate. Alternate members
of the Committee shall be residents of the Village. The number of
temporary members so appointed pursuant to this section at any given
time shall not exceed two, and all such temporary members shall have
demonstrated interest, competence and/or knowledge of historic preservation;
said temporary members shall be recruited from the disciplines of
history, architecture, architectural history, architectural archaeology,
engineering, construction, and other historic-preservation-related
professions. Such temporary members shall be appointed at the Village's
annual organizational meeting for two-year terms of office beginning
on the first day of July and ending on the last day of June. Initial
appointments of alternate members not made at the annual organizational
meeting, and any alternate member appointed to fill a vacancy in an
alternate member position, shall serve until the last day of June
in the Village's organizational year of his or her appointment. The
Chair of the Committee shall assign such temporary members to serve
in place of regular members as necessary when the absence of regular
members of said Committee or the conflict of interest of regular members
of said Committee would otherwise prevent five members of said Committee
from considering any pending matter. Such temporary members shall
be designated on a rotating basis such that each temporary member
shall be afforded an equal opportunity to serve. Once designated to
serve on a particular matter before the Committee, the temporary member
shall have the same powers and duties as regular members of the Committee
until the matter is concluded. Any determination of said Committee
consisting of temporary members shall have the same weight and be
entitled to the same authority as the act or deed of the regular Committee
members, and all laws, statutes and regulations shall apply and be
applied with equal force and effect.
[Amended 4-6-2015 by L.L.
No. 4-2015; 10-3-2016 by L.L. No. 6-2016]
B.
Committee members shall serve for a term of five years, with the
exception of the initial term of one member, which shall be one year,
one which shall be two years, one which shall be three years, one
which shall be four years, and one which shall be five years.
C.
The Chairman of the Committee shall be appointed by the Mayor, and
the Vice Chairman of the Committee shall be elected by and from the
members of the Committee.
D.
The duties of the Committee shall include:
(1)
Promulgation of internal rules and regulations as necessary for the
conduct of its business;
(2)
Recommendation to the Village Board of additional criteria for the
identification of significant historic, architectural, landscape,
and cultural landmarks and for the delineation of historic districts;
[Amended 10-3-2016 by L.L. No. 6-2016]
(3)
Conduct of research of significant historic, architectural, landscape,
and cultural landmarks and historic areas within the Village;
(4)
Recommendation for designation of identified structures or resources
as landmarks and/or historic districts;
(5)
Recommendation of acceptance by the Village government of the donation of facade easements and development rights, and the making of recommendations to the Planning Board and Village Board concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of §§ 180-74 through 180-88;
(6)
Increasing public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs;
(7)
Making recommendations to the Planning Board and Village Board concerning
the utilization of state, federal, or private funds to promote the
preservation of landmarks and historic districts within the Village;
(9)
Approving or disapproving applications for certificates of compatibility
and hardship relief pursuant to this article; and
[Amended 7-7-2014 by L.L. No. 4-2014]
(10)
Acting as consultant to the Village Planning Board in the Planning Board's architectural/historic preservation duties under §§ 180-135, 180-141, 180-142 and 180-143 of the Village of Cazenovia Zoning Regulations. No application referred to the Committee by the Planning Board shall be deemed complete until the Committee makes its recommendation.
(11)
Approving or disapproving applications for architectural approval under § 180-141 for any action within the Historic Preservation Overlay District that would also require the issuance of a certificate of compatibility. In all such instances, all references to the Planning Board in § 180-141 shall be deemed references to the Historic Preservation/Architectural Review Committee.
[Added 4-6-2015 by L.L.
No. 4-2015]
(12)
Maintain an inventory of locally designated historic resources
or districts within the Village and publicize the inventory.
[Added 10-3-2016 by L.L.
No. 6-2016]
E.
The Committee shall meet at least monthly, but meetings may be held
at any time on the written request of any two of the Committee members
or on the call of the Committee Chairman or the Mayor or the Planning
Board Chairman.
F.
A quorum for the transaction of business shall consist of three of
the Committee's members, and not less than a majority of the full
authorized membership is required to make any recommendation to the
Village Planning Board or Village Board.
A.
The Committee may recommend to the Village Board the designation
of individual properties as landmarks if they:
[Amended 10-3-2016 by L.L. No. 6-2016]
(1)
Possess special character or historic or aesthetic interest or value
as part of the cultural, political, economic, or social history of
the locality, region, state, or nation; or
(2)
Are identified with historic personages; or
(3)
Embody the distinguishing characteristics of an architectural style
or method of construction; or
(4)
Are the work of a designer whose work has significantly influenced
an age; or
(5)
Because of unique location or singular physical characteristic, represent
an established and familiar visual feature of a neighborhood or the
community as a whole.
(6)
In the case of interior landmarks, the Committee may designate the
interior of a property as an interior landmark if such interior has
special historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the Village, town, county,
state or nation and:
B.
The Committee may recommend to the Planning Board and Village Board
a group of properties for designation as an historic district if the
properties:
C.
The boundaries of each historic district designated henceforth shall
be specified in detail and shall be filed, in writing, in the Village
Clerk's office for public inspection, and said boundaries shall be
indicated on the Zoning Map of the Village of Cazenovia as an amendment
thereto.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
D.
Notice of a proposed designation shall be sent by regular mail to
the owner of the property/properties proposed for designation, describing
the property/properties.
E.
The Committee shall discuss the proposed designation of the landmark
or historic district at its next regularly scheduled meeting. The
Committee, owners of properties proposed for designation, and any
interested parties may present testimony or documentary evidence at
the meeting which will become part of a record regarding the historic,
architectural, or cultural importance of the proposed landmark or
historic district. The record may also contain staff reports, public
comments, or other evidence offered outside of the meeting.
F.
The Committee will hold a public hearing upon five days' prior notice
published in the Village's official newspaper, and potentially affected
property owners will be notified by first-class United States mail
addressed to the owner listed in the current tax roll, unless the
Village has actual notice of a different owner or address. The Committee
shall forward notice of each property proposed for designation as
a landmark and the boundaries of each proposed historic district for
review to the Village Board. The ultimate decision on designation
shall be made by the Village Board.
[Amended 10-3-2016 by L.L. No. 6-2016]
[Amended 7-7-2014 by L.L. No. 4-2014; 3-7-2016 by L.L. No. 1-2016]
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of a landmark
or property within an historic district, including buildings and exterior
building features and site features such as sidewalks and fences,
or portions thereof, without first obtaining a certificate of compatibility
or hardship relief from the Cazenovia Historic Preservation/Architectural
Review Committee. Painting or repainting and ordinary maintenance
and repair of existing buildings, building features, building elements
and site features are exempt from the requirements of this section,
as are changes involving only replacement in kind of a portion of
a building element (including, but not necessarily limited to, porch
or stair walking surfaces and stair risers), building-mounted mailboxes
and flagpoles and any modifications or changes involving only living
vegetation and/or seasonal changes such as window air conditioners,
fans and/or seasonal decorations. As an example, but not by way of
limitation, caulking or puttying an existing window pane, or replacement
of a portion of a window sash with like-kind material would constitute
maintenance or repair, whereas replacement of an entire sash, an entire
window, or an entire porch would constitute an activity subject to
the requirements of this section. Replacement of any building element
with a different material or design shall constitute an activity subject
to review under this section.
A.
In passing upon an application for a certificate of compatibility,
the Committee shall not consider changes to interior spaces, unless
the interior is both open to the public and designated as an interior
landmark, or to property site features that are not visible from a
public street or alley or other public way. The Committee's decision
shall be guided by the following principles:
[Amended 7-7-2014 by L.L. No. 4-2014]
(1)
The "US Secretary of the Interior's Standards for the Treatment of
Historic Properties" and the various accompanying "Guidelines" documents;
(2)
Properties which contribute to the character of an historic district
shall be retained, with their historic features altered as little
as possible;
(3)
Any alteration of a landmark and/or a property within an historic
district shall be compatible with its individual historic character,
as well as with its context or the surrounding historic district;
and
(4)
New construction at a landmark shall be compatible with the property's
historic character, and new construction in an historic district also
shall be compatible with the district in which it is located.
B.
In applying the principle of compatibility, the Committee shall consider
the following factors:
(1)
The general design, character, and compatibility of the proposed
alteration or new construction to a landmark or historic district;
(2)
The scale of the proposed alteration or new construction in relation
to the property itself, surrounding properties and the neighborhood;
(3)
Texture and materials of the proposed alteration or new construction
and their relation to similar features of the property itself, surrounding
properties and the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of building front facade, proportion and arrangement of windows and
other openings and roof shape, and the rhythm or spacing of buildings
and structures in relation to the street and adjacent properties,
site features such as drives, walks, walls, fences, hedge rows, terraces
and stairs, and major landforms or topographic features;
(5)
The importance of individual features to the significance of the
property itself, surrounding properties and the neighborhood.
[Amended 7-7-2014 by L.L. No. 4-2014]
A.
Prior to the commencement of any work requiring a certificate of
compatibility, the owner shall file an application for such a certificate
with the Committee. The application shall contain:
(1)
Name, address, and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Scaled plans and/or elevation drawings of proposed changes, including
relationship to adjacent properties if available;
(4)
Perspective drawings, including relationship to adjacent properties
if available;
(5)
Samples of color and/or materials to be used;
(6)
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination, and a plan showing
the sign's location on the property; and
(7)
Any other information which the Committee may deem necessary or that
the applicant may consider helpful in order to visualize the proposed
work.
B.
No building permit shall be issued for such proposed work until a
certificate of compatibility has first been issued by the Committee.
The certificate of compatibility required by this article shall be
in addition to and not in lieu of any building permit or other approvals
that may be required by any other regulation of the Village of Cazenovia.
C.
The Committee shall make its decision on the application within 30
days from the first meeting of the Committee following receipt of
a complete application. The Committee will provide an opportunity
for proponents and opponents of the application to present their views
during the meeting(s) at which the application is discussed.
D.
All decisions of the Committee shall be in writing. Copies shall
be sent to the applicant by mail or e-mail and a copy filed with the
Village Clerk's office for public inspection. The final decision shall
state the reasons for denying or modifying any application.
E.
Certificates of compatibility shall be valid for 12 months, after
which time the owner must reapply if he/she still wishes to undertake
work on the property.
An applicant whose certificate of compatibility for a proposed
demolition has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that:
A.
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
B.
The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return; and
C.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
An applicant whose certificate of compatibility for a proposed
alteration has been denied may apply for relief on the ground of hardship.
In order to establish hardship, the applicant shall prove that installation,
lifespan, maintenance and operating costs associated with a more appropriate
preservation solution are substantially greater than such costs associated
with the proposed alteration.
[Amended 7-7-2014 by L.L. No. 4-2014]
A.
After receiving written notification from the Committee of the denial
of a certificate of compatibility, an applicant may commence the hardship
process. No building permit or demolition permit shall be issued unless
the Committee makes a finding that a hardship exists.
B.
The Committee shall review any application for hardship and make
its decision. The Committee may hold a public hearing on the hardship
application at which an opportunity will be provided for the applicant
and interested parties to offer comment.
C.
The applicant should consult in good faith with the Committee, local
preservation groups and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
D.
All decisions of the Committee shall be in writing and shall be made
within 30 days from the first meeting of the Committee following receipt
of a complete application. A copy shall be sent to the applicant by
mail or e-mail and a copy filed with the Village Clerk's office for
public inspection. The Committee's decision shall state the reasons
for its decision on the hardship application. If the application is
granted, the Committee shall approve only such work as is necessary
to alleviate the hardship.
All work performed pursuant to a certificate of compatibility
or hardship relief decision issued under this regulation shall conform
to any requirements included therein. It shall be the duty of the
Zoning Enforcement Officer to inspect periodically any such work to
assure compliance. In the event work is found that is not being performed
in accordance with the certificate of compatibility, or upon notification
of such fact by the Committee or the Planning Board, the Zoning Enforcement
Officer shall issue a stop-work order, and all work shall immediately
cease. No further work shall be undertaken on the project as long
as a stop-work order is in effect.
Nothing in this regulation shall be construed to prevent the
ordinary maintenance and repair of any exterior feature of a landmark
and/or property within an historic district that does not involve
a material change in design, material, or outward appearance. No owner
or person with an interest in real property designated as a landmark
and/or included within an historic district shall permit the property
to fall into a serious state of disrepair so as to result in the deterioration
of any feature which would, in the judgment of the Committee or the
Planning Board, produce a detrimental effect upon the character of
the landmark, property within an historic district, and/or an historic
district as a whole. Examples of such deterioration include:
A.
Deterioration of exterior walls or other vertical supports of buildings
or structures, or site retaining walls and/or stairs;
B.
Deterioration of roofs or other horizontal members of buildings or
structures;
C.
Deterioration of architectural features such as towers, chimneys
or parapets or site features such as stairs or terraces;
D.
Deterioration or crumbling of materials, such as masonry and wood;
E.
Deterioration of weather-protective materials and measures for buildings,
structures and general site conditions;
F.
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition of all or a portion
of a property is necessary for the public safety.
Failure to comply with any of the provisions of this regulation shall be a violation subject to such penalties and other provisions set forth in Article VI of this chapter.
[1]
Editor's Note: Former § 180-87, Committee recommendations,
was repealed 7-7-2014 by L.L. No. 4-2014.
[Amended 7-7-2014 by L.L. No. 4-2014]
A Wellhead Protection Overlay District is established in order
to assist in the preservation of public health, general welfare and
safety of the residents of the Village through the elimination or
prevention of groundwater contamination in the vicinity of wells that
supply public drinking water.
The Wellhead Protection Overlay District includes the land area
through which contaminants are reasonably likely to move toward and
reach the water wells operated by the Village of Cazenovia. This area,
termed the "Wellhead Protection Area," was delineated in the 2007
document entitled "Wellhead Protection Plan for the Village of Cazenovia
Water Supply," prepared by the New York Rural Water Association, and
is delineated in the map included as Appendix 1 at the end of this
chapter.[1]The Wellhead Protection Overlay District consists of the
portions of the zone of contribution and the watershed zone located
within the Village. These two different zones are delineated in the
"Wellhead Protection Plan for the Village of Cazenovia Water Supply"
that is on file with the Village Clerk.
[1]
Editor's Note: Appendix 1 is on file in the Village offices.
The Wellhead Protection Overlay District shall be considered
as overlaying other existing districts as shown on the Zoning Map.[1] Any uses permitted in the underlying district shall be permitted in the Wellhead Protection Overlay District except where the overlay district prohibits or imposes greater or additional restrictions and requirements. In any cases where conflicts arise between these requirements and any other existing regulations, the provisions of §§ 180-89 through 180-95 shall apply. "Parent parcels," as defined in § 180-9 of this chapter, are as denoted in Appendix 2, attached to the end of this chapter.[2]
Uses and activities prohibited in the Wellhead Protection Overlay
District include the following:
A.
Airports, flying fields, airport terminals and/or airport maintenance
areas.
B.
Bottled water or bulk water facility, including supply source(s),
pumping station(s), etc.
C.
Car or vehicle washing facility.
D.
Cemetery or crematory.
E.
Commercial nursery or garden center.
F.
Concentrated animal feeding operation.
G.
Convenience store.
H.
Establishments for the cleaning and servicing of catch basins, cesspools,
septic tanks, sewers, tanks and boilers or tank trucks.
I.
Facility with exterior storage or loading/unloading of hazardous
substances.
J.
Fleet storage area (car, bus, truck, etc.), including a motor freight
transportation or motor vehicle passenger terminal.
K.
Fuel oil dealer or petroleum and petroleum products wholesaler or
wholesale distributor of crude petroleum and petroleum products.
L.
Golf course.
M.
High-intensity uses, defined as uses having an anticipated average
vehicle trip generation rate of 1,000 or greater per day based upon
the actual size, business activity and location of the use, which
determination shall include reference to data as reported in the most
recent edition of the Trip Generation Manual published by the Institute
of Traffic Engineers. Typical uses that may constitute high-intensity
uses depending on actual circumstances include, but are not limited
to, fast-food restaurants, convenience stores, discount stores, discount
clubs, lumber/home improvement stores, shopping centers and supermarkets.
In addition, some uses such as high-turnover (sit-down) restaurants,
drugstores, drive-through banks, day-care centers, schools, hotels/motels,
park-and-ride lots, post offices, medical offices/clinics, hospitals,
libraries and other institutions may generate average vehicle trip
generation rates of 1,000 or greater per day, depending upon actual
circumstances.
[Amended 2-3-2014 by L.L. No. 1-2014]
N.
Industrial or manufacturing facility subject to the NYSDEC State
Pollution Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges or the USEPA National Pollution Discharge Elimination
System (NPDES) stormwater permit program.
O.
Laundry, cleaning or garment services, including dry cleaners, coin-operated
laundries, commercial or industrial laundries, carpet and upholstery
cleaners, and linen supply services.
P.
Junkyard or vehicle salvage/recycling facility.
Q.
Maintenance and repair shops for major or small household appliances
and electrical entertainment devices (stoves, washers, televisions,
DVD players, etc.) or low-power internal combustion engines or electric
motors (chain saws, lawn mowers, snowmobiles, etc.).
R.
Marina or boat service/maintenance facility.
S.
Motor freight transportation (e.g., trucking) or motor vehicle passenger
(e.g., bus) terminals.
T.
Motor vehicle service or commercial garage.
U.
Municipal facility involving public works storage, except for the
storage of equipment and supplies necessary for the safe provision
of public drinking water.
V.
Municipal or industrial sewage treatment facility with disposal of
primary or secondary effluent.
W.
Pest control services or establishments engaged in the wholesale
distribution of pesticides or herbicides.
X.
Pet cemetery or pet crematory.
Y.
Pipelines that carry petroleum (other than natural gas) or hazardous
substance/waste.
Z.
Quarry.
AA.
Stockpiling or storage of coal, deicing compounds, fertilizers or
other bulk chemicals, except in structures designed to prevent contact
with precipitation and constructed on low-permeability pads.
BB.
Storage of manure, except for the primary purpose of agricultural
use.
CC.
Surface land application of septage, sewage, sludge or human excreta.
DD.
Wells or any other facility for oil, gas, gas storage, solution mining,
brine disposal or geothermal resources.
EE.
Any use or activity that involves the on-site disposal of solid waste,
pathological or medical waste, petroleum, radioactive material, hazardous
substances, hazardous waste or process wastes, including aqueous-carried
waste.
A.
Maximum impervious coverage.
(1)
Except as hereinafter provided, within the Wellhead Protection Overlay District, no more than 15% of a single parent parcel or building site may be rendered impervious to infiltration. Maximum site impervious coverage calculations shall include all impervious surfaces with a minimum area of over 100 square feet. All site plans for development within the Wellhead Protection Overlay District shall specifically include the impervious surface calculations, prepared by a licensed professional engineer, architect or land surveyor, both for the specific development being proposed and the cumulative total of impervious surface for the parent parcel upon which the proposed development is located. Once total impervious surface for the parent parcel reaches 15%, no further impervious surface development shall be allowed on such parent parcel, except as permitted under the provisions of Subsection A(2), immediately following.
(2)
Impervious coverage may only exceed 15% of a single parent parcel
or building site if a system of stormwater management and treatment
is developed that results in the site's postdevelopment annual stormwater
recharge volume to groundwater approximating the site's predevelopment
annual groundwater recharge volume. Such a system should also: preserve
hydrologic conditions that closely resemble predevelopment conditions;
maintain or replicate the predevelopment hydrologic functions of storage,
infiltration and groundwater recharge; prevent untreated discharges;
reduce or prevent flooding by managing the peak discharges and volumes
of runoff; minimize erosion and sedimentation; prevent degradation
of water by reducing suspended solids and other pollutants; and provide
increased protection of sensitive natural resources.
B.
Minimum lot size.
(1)
In the Wellhead Protection Overlay District, the minimum size for
lots served by private sewage disposal systems (i.e., septic systems)
shall be 80,000 square feet.
(2)
In areas serviced by a public sanitary sewer, the minimum size for
lots in the Wellhead Protection Overlay District shall be that for
the underlying zoning district.
A.
Stormwater pollution prevention plan.
(1)
A stormwater pollution prevention plan (SWPPP) must be submitted to the Planning Board for any proposed use that is required to submit a site plan for review within the Wellhead Protection Overlay District. (See § 180-95.) This plan will detail the site's stormwater management and treatment system, including the design and operational details that will:
(a)
Reduce or eliminate erosion and sediment loading to water bodies
during construction;
(b)
Control the impact of stormwater runoff on the water quality
of the receiving waters;
(c)
Control the increased volume and peak rate of runoff during
and after construction; and
(d)
Maintain stormwater controls during and after completion of
construction.
(2)
The SWPPP must meet applicable stormwater quality/quantity sizing
criteria as well as performance criteria that are outlined in the
latest version of the New York State Stormwater Management Design
Manual. The SWPPP should also contain sufficient information for the
Village to evaluate the plan with respect to additional postdevelopment
stormwater management criteria. (See below.) It must be prepared and
certified by a New York State licensed professional engineer or landscape
architect or a certified professional in erosion and sediment control
(CPESC).
B.
Additional postdevelopment stormwater management criteria for the Wellhead Protection Overlay District. In addition to the quality/quantity sizing and performance criteria identified in the New York State Stormwater Management Design Manual, all projects in the Wellhead Protection Overlay District that are required to submit a stormwater pollution prevention plan [i.e., all projects that must submit a site plan within the Wellhead Protection Overlay District (See § 180-95)] shall achieve the following performance standards:
(1)
Groundwater recharge. The annual recharge from the postdevelopment
site should reasonably approximate the annual recharge from the predevelopment
(existing) site conditions based upon soil types.
(2)
Recharge volume. The prescribed design volume of stormwater to be
recharged on the site (the so-called "Groundwater Recharge Volume,
Rev.") shall be determined by the method that is contained in Appendix
C of the 2007 document entitled "Wellhead Protection Plan for the
Village of Cazenovia Water Supply," prepared by the New York Rural
Water Association. A copy of this document is filed with the Village
Clerk. Different recharge values for soils may be used, provided that
on-site soil evaluations have been conducted and a professional geologist
clearly demonstrates that the recharge rate differs from the listed
values based upon soils, precipitation and evapotranspiration.
(3)
Hydrologic conditions. The hydrologic conditions of the developed
site must closely resemble predevelopment conditions through adequate
use of design techniques that infiltrate, filter, store, evaporate
and detain runoff close to its source.
(4)
Sensitive areas. Stormwater discharges to groundwater shall not occur
within a distance of 800 feet of any public water supply well operated
by the Village of Cazenovia.
(5)
Pretreatment. Stormwater runoff shall be directed to pretreatment
device(s) such as water quality inlets, sediment traps, drainage channels,
water quality swales, etc., to help trap coarse materials before they
enter the primary stormwater management and treatment practice(s).
(a)
Emergency design measures. Stormwater management and treatment
systems should incorporate designs which allow for shutdown and containment
in the event of an emergency spill or other unexpected contamination
event.
(b)
Operation and maintenance plan. All stormwater management and
treatment systems must have an operation and maintenance plan to ensure
that system(s) function as designed. Such a plan should include details
on how postconstruction inspection and long-term maintenance is to
be carried out.
(c)
Performance bond. In order to ensure that funds are available
to finish the construction and ensure the proper functioning of stormwater
management and treatment system(s), the Village shall require the
developer or contractor to provide, prior to construction, a performance
bond, escrow account certification or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Village as the
beneficiary. The security shall be in an amount to be determined by
the Planning Board and Village Board based on submission of final
design plans in the stormwater pollution prevention plan and an evaluation
of projected construction costs by the Village Engineer.
(6)
Maintenance bond. Where stormwater management and treatment system(s)
are to be operated and maintained by the developer or by a corporation
that owns or manages a commercial or industrial facility, the developer,
prior to final approval of construction, shall be required to provide
the Village with a maintenance bond, escrow account certification
or irrevocable letter of credit from an appropriate financial or surety
institution to ensure proper operation and maintenance of all stormwater
management and treatment system(s) for a twenty-year period. The estimated
maintenance cost for the facilities shall be based on a reasonable
estimate provided by the Village Engineer and adopted by the Village
Board. The maintenance bond shall guarantee the stormwater facilities
against design defects and/or failures in workmanship and shall guarantee
that the facilities constructed under the permit will be regularly
and adequately maintained throughout the maintenance period. If the
developer or owner fails to properly operate and maintain the stormwater
management and treatment system(s), the Village may draw upon the
account to cover the costs of proper operation and maintenance.
A.
Uses requiring site plan review within the Wellhead Protection Overlay District. In addition to the uses and activities requiring site plan review as indicated in § 180-92, the Planning Board shall have site plan review and approval on any proposed use or activity requiring a building permit located partially or wholly within the Wellhead Protection Overlay District that meets one or more of the following conditions:
(1)
The proposed use or activity would render impervious to infiltration
15% of a single parent parcel or building site.
(2)
The proposed use or activity is not served by a public sanitary sewer
and will generate more than a daily average of 1,000 gallons of wastewater.
(3)
The proposed use or activity will extract more than 1,000 gallons
per day of groundwater.
B.
Site plan submittal requirements within the Wellhead Protection Overlay District. In addition to other information that may be required for a site plan submittal as indicated in § 180-142, and elsewhere in the Village Code, the following information shall be provided for a proposed use or activity located partially or wholly within the Wellhead Protection Overlay District that requires site plan review and approval:
(1)
Location of the proposed use or activity in relation to the Wellhead
Protection Overlay District boundaries.
(2)
Location and extent of existing (predevelopment) and postdevelopment
impervious surfaces.
(3)
Details regarding the proposed conveyance, storage, distribution,
generation, handling, use and/or treatment of any sewage, process
wastes, aqueous-carried wastes, petroleum, hazardous substances, hazardous
waste, solid waste, radioactive material and/or incidental wastes.
Include the estimated types and quantities of such materials to be
located on site.
(5)
A description of all pollution control measures and activities proposed
to prevent on-site disposal and potential contamination of groundwater
or surface water, including spill response activities.
(6)
A statement as to the degree of threat to groundwater and surface
water quality that could result if the control measures failed.
(7)
A description of the provisions for the off-site disposal of any
solid waste, petroleum, radioactive material, hazardous substances,
hazardous waste, process wastes and/or aqueous-carried waste (except
sewage).
(8)
If an on-site water supply is to be utilized, provide a description
of the proposed means of water supply, including, if applicable, an
estimate of the total daily groundwater withdrawal rate.
(9)
Other information as necessary to fully explain the project and evaluate
its potential impact upon the Village of Cazenovia's public water
supply.
C.
Site plan review criteria and procedures. In addition to other site
plan review criteria and procedures set forth elsewhere in the Village
Code, the Planning Board shall also review all site plans located
partially or wholly within the Wellhead Protection Overlay District,
as appropriate, in terms of the following criteria:
(1)
Adequacy of the stormwater pollution prevention plan in meeting criteria established in the New York Stormwater Management Design Manual, as well as additional postdevelopment stormwater management criteria identified in § 180-94.
(2)
Adequacy of proposed control measures to prevent the on-site disposal
of solid waste, pathological or medical waste, petroleum, radioactive
material, hazardous substances, hazardous waste or process waste,
including aqueous-carried waste.
(3)
Adequacy of the provisions for off-site disposal of solid waste,
hazardous waste, process waste and other wastes generated.
(4)
The degree of threat to public water supply wells in the event that
contamination control measures or devices at the site should fail.
(5)
Adequacy of spill response and containment plans to minimize groundwater
or surface water contamination.
(6)
Adequacy of plans and resources to properly construct and regularly
maintain contamination control devices.
D.
Planning Board findings. In addition to other considerations as specified in Article VI of this chapter and elsewhere in the Village Code, in order to approve a site plan for purposes of authorizing a building permit in the Wellhead Protection Overlay District, the Planning Board shall make the following findings:
(1)
The proposed use and site plan comply with all regulations applicable
to the Wellhead Protection Overlay District.
(2)
The proposed use and site plan will not adversely impact the predevelopment
hydrologic functions of the site, including the preexisting volume
of annual groundwater recharged at the site, and the quantity and
direction of preexisting drainage eventually draining to the Zone
of contribution, etc.
(3)
The proposed use will not adversely impact upon the preexisting quality
of groundwater or surface water leaving the site's boundaries.
(4)
The proposed use is to be located, developed and maintained in such
a manner as to not adversely impact the long-term quantity or quality
of groundwater available to public water supply wells operated by
the Village of Cazenovia.
