Various words and terms used in these regulations shall be interpreted and defined as indicated below. Where certain other words and terms may be explained and defined elsewhere in the regulations, they shall be interpreted accordingly. All other words and terms shall be interpreted and defined in accordance with their commonly accepted meaning. Words or terms used in the present tense include the future tense; plural includes singular; "use" or "occupancy" or other forms or tenses of these words includes "or intended, arranged or designed" for such use or occupancy. Doubt as to the precise meaning of any word or term used in these regulations shall be determined by the Code Enforcement Officer, subject to review by the Board of Appeals.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
See "structure, accessory."
ADJOINING
Where used in reference to land, lots, districts, uses, buildings or other structures on the land, shall mean only those which are contiguous and in contact at some point or line and shall not include those separated by a street.
ADULT BUSINESS
For purposes of this chapter, the term "adult business" shall be defined to include any one or more of the following defined establishments and/or activities:
A. 
BODY PIERCING SHOPA commercial establishment that offers as a service, for nonmedical purposes, the intentional piercing of the skin of patrons with needles or other instruments, jewelry and/or other paraphernalia, generally for the purpose of ornamentation of the human body.
B. 
TATTOO SHOPA commercial establishment that sells and/or administers/applies tattoos by injecting dyes and/or inks into the skin of patrons.
C. 
ADULT BOOK AND/OR VIDEO STOREA commercial establishment which has as a substantial or significant portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, videos, slides, or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, or devices or paraphernalia, which are designed for use in connection with specified sexual activities which are for sale, rental or viewing on or off the premises. An establishment may have other principal business purposes that do not involve the offering for sale or rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult book and/or video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult book and/or video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
D. 
ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators or exotic dancers, or other similar entertainment, or films, motion pictures, videos, slides, or other photographic material, or which utilizes employees, as part of their employment, to regularly expose patrons to specified sexual activities or specified anatomical areas.
E. 
ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
F. 
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
G. 
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages, or any other treatment or manipulation of the human body, are administered, for any form of consideration or gratuity, as part of or in connection with specified sexual activities or where any person providing such treatment or service related thereto exposes specified anatomical areas. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
AGRICULTURAL USE
Use and management of land for growing of food, silage, ornamental and other plant crops, including sale of such crops and dwellings and accessory structures and uses which are a common part of such operations, but not including any animal or poultry husbandry.
ALTERATION
Any exterior or interior change, rearrangement or expansion of a building or other structure, including plumbing, electrical and other systems and components, other than ordinary maintenance and repair. Includes any change, rearrangement or expansion of use or occupancy of any building or other structure.
ANIMAL DAY CARE FACILITY
A business use providing for the day care, day boarding, grooming and/or training of dogs, cats and other domestic animals, but not including the overnight boarding or housing of any such animals.
[Added 3-7-2016 by L.L. No. 1-2016]
ANIMAL, DOMESTIC
Dogs and cats, and fish, turtles, gerbils, guinea pigs and other household pets customarily kept in a glass enclosure or cage inside a residential dwelling for personal companionship and enjoyment, but specifically excluding any poultry, water fowl, swine, cattle, sheep, goats, horses, or any wild or dangerous animals, or any animal kept for production of food, pelts or hides.
ANTENNA
A pole, tower, dish or other structure of any shape or configuration, intended to send or receive radio, television or other electronic, electromagnetic, light, sound or other communications signals to or from any other source, including any related devices intended to magnify, store, transfer, and/or transmit such signals.
APPLICANT - DEVELOPER
Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests the Village of Cazenovia Planning Board, Zoning Board of Appeals or Village Board to approve a subdivision and/or to grant an application for a variance, a site plan approval, special permit, certificate of compatibility or an amendment of the Zoning Code or Zoning Map or which constructs or proposes to construct one or more highways, drainage facilities, utilities or parks within or in conjunction with a development with the intent to convey or dedicate the same to the Village.
APPLICATION
An application, petition or other form of request by an applicant to the Village or a board of the Village in accordance with these regulations.
APPROVED MASTER PLAN
See "comprehensive plan."
BASEMENT
The lower level or story of a building totally or partially located in the ground. The average height of any portion of a basement extending above finished grade along the front building line shall be included in building height measurement.
BED-AND-BREAKFAST
A home occupation in an existing one-family dwelling operated by the permanent resident(s) of the dwelling who are also on site and sleeping overnight within the residence while providing short-term overnight lodging to transient guests, and which offers an on-site breakfast meal served to such guests, but no other meals.
[Added 8-6-2018 by L.L. No. 6-2018]
BOARDINGHOUSE or ROOMING HOUSE
Building and associated appurtenant facilities used for the temporary lodging of one or more guests, boarders or tenants not part of a family or functional family unit residing upon the premises, whether or not meals or cooking facilities are provided for the guests, boarders or tenants, but excluding motel/hotel and bed-and-breakfast uses.
BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Cazenovia.
BOAT
Any vessel for transport on water powered by any means.
BOATHOUSE
An accessory building for the storage of boats and boating and other household recreational equipment used exclusively by occupants of a dwelling on the same lot.
BOTTLED WATER
Any product, including natural spring or well water taken from municipal or private utility systems or other water, distilled water, deionized water or any of the foregoing to which chemicals may be added, which is put into sealed bottles, packages or other containers to be sold for domestic consumption or culinary use, involving a likelihood of such water being ingested by human beings.
BUFFER
Open space along the perimeter of a lot, in widths as may be prescribed by these regulations, on which is placed a screening device or which is planted with trees, shrubs and/or other vegetation maintained to provide a visual screen and noise barrier between lots. The only structure permitted in a buffer is a screening device.
BUILDING
A structure having a roof and wholly or partially enclosed by exterior walls, used to shelter persons, animals or property. Where such a structure is vertically divided into entirely separate parts and utility systems intended for separate uses, each part is an attached building.
BUILDING, ACCESSORY
A detached building, the use of which is generally associated with and incidental and subordinate to the principal use of the lot and the principal building located on the lot.
BUILDING, DETACHED
A building surrounded by open space.
BUILDING FOOTPRINT
The area on a project site used by the building structure, defined by the perimeter of the building plan. Parking lots, parking garages, landscapes, and other nonbuilding facilities are not included in the building footprint.
[Added 2-3-2014 by L.L. No. 1-2014]
BUILDING LINE
A line or series of lines paralleling the front, side or rear lot lines and located on the basis of required front, side or rear yard depths, to define the interior portion(s) of a lot within which principal buildings and other structures may be located. Such lines shall be classified as front, side and rear building lines.
BUILDING (OR STRUCTURE) HEIGHT
The vertical distance measured from the average finished grade at the front of a building to the highest point of a flat or mansard roof, to the average height of a pitched, gabled, hip or gambrel roof, excluding spires, chimneys, penthouses and similar structures extending above the roof, or to the highest point of a structure not having a roof.
BUILDING, PRINCIPAL
A building in which is conducted the permitted principal use of the lot on which the building is located. Only one principal building is permitted on a lot unless otherwise indicated.
BUILD-TO LINE
The line at which construction of a building is to meet or cross on a lot. A build-to line runs parallel to the street right-of-way and is established to create a generally consistent building line along a street.
[Added 2-3-2014 by L.L. No. 1-2014]
BULK WATER
Water intended for potable uses, which is transported by tank trucks.
CEMETERY
Land, place, structure, facility or building for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle.
CLUB
Facilities used by a membership organization for social, fraternal, service, educational, athletic, political, religious, or other purposes which are not operated primarily for profit and which do not include dwelling or sleeping accommodations.
COMMUNITY CENTER
A facility operated, supervised and controlled by municipal or other government or by a charitable, religious, social service, recreation or similar community or neighborhood service-oriented nonprofit organization, which provides a place of congregation for purposes of education, training, counseling, recreation or similar activities, not including a school or other educational institution or a religious facility as herein defined, whether or not involving membership or fees.
COMPREHENSIVE PLAN
Plans and policy statements prepared by and for the Village of Cazenovia in accordance with the Village Law identifying land use areas and objectives and public facilities and other community features, and providing for the improvement of the Village and its future growth, protection and development. The comprehensive plan may be amended from time to time to reflect changing community conditions and needs.
CONCENTRATED ANIMAL FEEDING OPERATION
An animal feeding operation that would be required to obtain a NYSDEC State Pollution Discharge Elimination System (SPDES) general permit based upon the numbers and types of animals and/or method of animal waste discharge.
CONSERVATION AREA
Land areas which may be designated on the Zoning Map and are considered to have environmentally sensitive resource or resource protection values or other special public purposes and values which should be preserved and protected in any use and development of land adjoining or influencing any such area.
CONTAMINATION
The degradation of natural water quality, as a result of human activities, to the extent that its usefulness is impaired.
CONTRIBUTING STRUCTURE
An historic district building or other structure identified as possessing historic, architectural or other characteristics which contribute to the significance and value of the district, generally based on evaluations and designations made in nominations to the National or New York State Registers of Historic Places.
CONVENIENCE STORE
A retail store generally providing a limited range of packaged food, beverages, and other consumer items, which includes as a substantial component of its business the sale of gasoline and/or diesel fuel and/or kerosene directly to consumers, but which does not include a car wash or motor vehicle service facilities.
COURT
An open space other than a yard totally or partially enclosed and bounded by a building. An outer court is one which extends to a yard; an inner court is any other court.
CREMATORY
A facility or portion of a building in which the remains of deceased human beings are processed by cremation.
DAY-CARE FACILITY
Commercial or nonprofit facilities providing for the daily custody, care and supervision away from their own homes of preschool or other young children, such as a day nursery, preschool program or day-care center, but not including a school, family day care or family foster care, as defined herein or elderly persons. Such use shall not include overnight sleeping accommodations for such persons.
DECK
An uncovered porch.
DEICING COMPOUNDS
Any bulk quantities of chloride compounds and/or other deicing compounds (e.g., urea or calcium magnesium acetate) intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. Bulk quantity of deicing compounds means any quantity, but does not include any chloride compounds in a solid form which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
DEVELOPMENT
Includes, but is not limited to, a site-specific development plan or subdivision.
DISPOSAL
The abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing by any other means of any solid waste, petroleum, radioactive material, hazardous substance, hazardous waste or aqueous-carried waste into or onto land or a surface water body.
DORMITORY
Facility used as a place of residence for one or more persons regularly enrolled as students in a post-secondary educational institution and which is owned by or operated under the control and supervision of such institution; occupancy may also include supervisory and other personnel of the institution. A dormitory shall be considered to be part of a post-secondary educational use, but where the term "dormitory" is specifically denoted as a permitted use, it shall not be construed to include any other aspect of a post-secondary educational use.
DRAINAGE FACILITY
All surface water drainage facilities, including, but not limited to, detention and retention basins, storm sewers and their appurtenances, drainage swales and ditches and any easements through or over which such facilities may be constructed or installed within or in conjunction with a development.
DRIVE-IN FACILITY
A commercial use which permits customers or patrons to purchase goods or services and conduct other business while remaining in their motor vehicles. Drive-in facilities must be developed and used in conjunction with a bank, branch bank office, restaurant, pharmacy, or car wash upon the same lot.
DRIVEWAY
Land used for vehicular access, egress and other movements on a lot.
DWELLING
A building or portion thereof containing kitchen, bathroom, dining, sleeping and related facilities incidental and necessary to human habitation, designed and intended as a self-contained housekeeping unit for exclusive occupancy by one family, as defined herein. In determining the number of dwelling units within a structure, consideration is given to the separate use of or the provision made for cooking, heating and sanitary facilities, whether installed or not; both the actual use to which the dwelling is being put and the potential use to which the dwelling might be put.
[Amended 2-3-2014 by L.L. No. 1-2014]
DWELLING, MOBILE
A one-family dwelling unit factory-built and finished according to United States Department of Housing and Urban Development standards on an attached frame or chassis capable of being towed over the highway for purposes of being placed on a site, with or without wheels intact. This term does not include any recreational vehicle.
DWELLING, MULTIFAMILY
A building containing three or more dwellings, including apartments, townhouses, and condominiums, and also including a group of buildings on one lot with each building containing separate living units for three or more families.
[Amended 2-3-2014 by L.L. No. 1-2014]
DWELLING, ONE-FAMILY
A detached building containing only one dwelling and no other principal use. A one-family dwelling shall not include a mobile dwelling, recreational vehicle or any temporary structure.
DWELLING, ONE-FAMILY ATTACHED
A one-family dwelling occupying an attached building in a grouping of two or more attached buildings each separated by common or party walls without connecting openings and having ground-floor access to the outside. This term primarily refers to so-called townhouse and duplex dwellings.
DWELLING, TWO-FAMILY
A building containing only two dwellings and no other principal use.
DWELLING UNIT ACCESSORY
A secondary dwelling unit which is accessory to a single-family dwelling, for use as a complete, independent living facility, with provisions within the accessory unit for cooking, eating, sanitation, and sleeping. An accessory dwelling unit may also be located in an accessory structure to the principal single-family dwelling, such as a detached garage, provided that the accessory structure is clearly an accessory use to the single-family dwelling. An accessory dwelling unit shall not constitute a two-family dwelling.
[Added 2-3-2014 by L.L. No. 1-2014]
FACILITY or FACILITIES
These terms may be used to generally describe all buildings and other structures and supporting site and open space improvements comprising a use on a lot.
FAMILY
One person, or two or more persons related by blood, marriage or adoption, living, sleeping, cooking, and eating in and otherwise occupying one dwelling as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, rooming house, or a dormitory. Also see "functional family unit."
FAMILY DAY CARE
A home occupation providing for daily or other regular care and custody of three or more preschool or other young children or elderly persons away from their own homes, which use complies with applicable New York State regulations. Such use shall not include overnight sleeping accommodations for such persons.
FAMILY FOSTER CARE
Full-time care and custody of minor children or elderly persons unrelated to the owner-occupants of a dwelling under contractual or other arrangements with a public or nonprofit social services agency.
FENCE
Any artificially constructed barrier of any material or combination of materials erected to enclose, isolate or screen a lot or portion of a lot.
FERTILIZERS
Any commercially produced mixture generally containing phosphorous, nitrogen and/or potassium which is applied to the ground to increase nutrients from plants.
FINDING OF COMPATIBILITY
A finding by the Planning Board that a project proposed within an Historic Preservation Overlay District is compatible with the purposes of the district and these regulations.
FIXTURE, FULL CUTOFF
Full cutoff fixtures shall have no light emitted at or above a horizontal plane running through the lowest point of the fixture, and no more than 10% of the light output can be emitted within the first 10° below the same horizontal plane as determined by a photometric test or certified by the manufacturer.
FIXTURE HEIGHT
The mounting height of a fixture shall be measured from the lowest grade adjacent to the pole to the top of the light fixture including any base height.
FLAG LOT
A lot which has limited, nonconforming frontage on a public street providing access to the lot, but has sufficient lot area and other lot dimensions which meet the requirements of the zoning district in which the lot exists.
FLEET
A group of motor vehicles owned or operated as a unit or a group of motor vehicles operating together under the same ownership.
FLOODLIGHT
An exposed lamp fixture designated to light a scene or object to a luminance greater than its surroundings.
FLOOR AREA
The sum of the square foot area of the floors of a building or portion of a building, calculated on the basis of dimensions between the interior faces of the walls, excluding basement or attic floor area.
FOOTCANDLE, AVERAGE
The average density of light on an area to be illuminated in footcandles calculated using a set of grid points, 75% maintenance factor and their corresponding luminance values.
FOOTCANDLE (FC)
A measure of light falling on a given surface. One footcandle (one FC) is equal to the amount of light generated by one candle shining on a square foot surface one foot away. Unless otherwise noted, footcandle readings are taken at ground level. All uses of the term footcandle are calculated using 75% maintenance factor.
FOOTCANDLE, MAXIMUM
The maximum lighting level in footcandles allowed on an area to be illuminated. The maximum footcandle value is determined using a 75% maintenance factor.
FOOTCANDLE, MINIMUM
The lowest recommended light level consistent with the seeing task desired for the area to be illuminated. The minimum footcandle value is determined using a 75% maintenance factor.
FUEL OIL
All oil which has been refined, re-refined or otherwise processed for the purpose of being burned to produce heat.
FUNCTIONAL FAMILY UNIT
A group of persons living, sleeping, cooking and eating in and otherwise occupying one dwelling as a single housekeeping unit and who function as a family with respect to those characteristics that are consistent with the purposes of zoning and use restrictions in residential neighborhoods as distinguished from persons occupying a boardinghouse, rooming house, or a dormitory. See additional criteria for determination of functional family unit, § 180-96.
FUNERAL HOME
A building used for human funeral services, including the embalming and other preparation of the dead for burial, and storage of caskets and related funeral supplies and funeral vehicles, but not including facilities for cremation. The owner-operator of the funeral home shall reside in the building, but said use is not a home occupation as defined herein.
GARAGE
An accessory building used primarily for the storage and incidental servicing of automobiles and other motor vehicles associated with a principal use on the lot.
GLARE
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eye is adapted so as to cause annoyance, discomfort or loss in visual performance or visibility.
GRADE, FINISHED
The final surface elevations of ground, lawns, walks, driveway, parking and other paved areas as shown on project drawings, or in existence at the time a building permit or certificate of occupancy is issued.
GREEN SPACE
The area of a development not occupied by structures or paved areas for vehicles and including formal stormwater management facilities (no more than 20% of total lot area) as well as green infrastructure stormwater facilities (protected conservation area set aside, swales and 60% of the area of a green roof if not accessible by or visible to the public), and including parks, dedicated protected conservation area, landscaped areas (plantings, lawns, parking lot islands), and including sidewalks or trails used to access these areas, including accessory structures accessible to the public and intended to enhance the green space.
[Added 2-3-2014 by L.L. No. 1-2014]
GROUNDWATER
Water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.
GROUP RESIDENCE
A place of residence for a functional family unit which is an integral component of a recognized program of physical or mental health rehabilitation or other custodial supervision and care living arrangements in a one-family dwelling, with or without resident supervisory personnel. This term shall not include nursing homes, dormitories, or similar facilities.
HABITABLE ROOM OR FLOOR AREA
The rooms or floor area of a building either actually used or usable as a dwelling.
HAZARDOUS SUBSTANCE
Any substance listed as a hazardous substance in 6 NYCRR Part 597, Hazardous Substance List, or a mixture thereof. In general, a hazardous substance means any substance which:
A. 
Because of its quantity, concentration or physical, chemical or infectious characteristics, poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of or otherwise managed;
B. 
Poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of or otherwise managed;
C. 
Because of its toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment.
HAZARDOUS WASTE
A waste, or combination of wastes, which is identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous wastes include but are not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2.0, alkalies with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes or any material exhibiting the characteristics of ignitability, corrosivity, reactivity or that fails the Toxicity Characteristic Leaching Procedure (TCLP).
HIGHWAY
Includes, but is not limited to, a street, avenue, road, square, place, alley, lane, boulevard, concourse, parkway, driveway, overpass or underpass and also includes all items appurtenant thereto, including but not limited to bridges, curves, ditches, shoulders and sidewalks within or in conjunction with a development.
HISTORIC PRESERVATION OVERLAY DISTRICT
A special zoning district established in one or more designated historic district areas in addition to other zoning district designations applicable to such areas, in order to make such areas subject to additional regulations designed and determined to be necessary to protect, enhance and perpetuate recognized historic buildings and historic neighborhood resources of the Village. Historic Preservation Overlay District regulations apply to each lot in the designated area in addition to the regulations of the zoning district in which the lot is located.
HOME OCCUPATION
An accessory commercial profession, occupation or trade use conducted entirely within a dwelling or a building accessory to a dwelling and practiced by any inhabitant of the dwelling and which is clearly subordinate to the dwelling use, does not change the exterior character of the dwelling, and conforms to other regulations herein.
HOME OCCUPATION LIMITED
An accessory commercial profession, occupation or trade use conducted entirely within a dwelling or a building accessory to a dwelling and practiced by any one or more inhabitants of the dwelling with no other employees, that has no patrons visiting the premises and which is clearly subordinate and secondary to the dwelling use, that does not change the exterior residential character of the dwelling, produces no exterior indication of the business being carried on inside the dwelling and conforms to all other regulations of this chapter.
HOSPITAL OR RELATED USE
Commercial or nonprofit use providing medical and mental health care or custodial services primarily for ill, injured and infirm inpatients including all facilities normally associated with hospitals. The term includes sanitariums, clinics, rest homes, nursing homes, convalescent homes, homes for the aged, adult-care homes, and other uses of the same general character, other than a group residence.
HOTEL
See "motel/hotel."
HOT TUB
Any receptacle, other than a swimming pool, for the containment of water or other liquids for recreational, therapeutic or other purpose, which shall have a capacity of more than 16 cubic feet, regardless of whether it shall contain electrical connections or devices affixed thereto.
IMPERVIOUS SURFACE
Any material placed on or above the earth that substantially reduces or prevents the natural percolation of precipitation and melted snow into the soil. Examples include but are not limited to structures, including eaves, roofs and roof overhangs; parking areas (whether hard-surfaced or not); driveways; sidewalks; patios and decks; sport courts; and pools. The following shall not be considered as impervious surfaces:
A. 
Wood decks less than 200 square feet, if constructed with a space between each plank and if the deck is constructed over a pervious surface (1/2 of the area of such wood decks exceeding 200 square feet shall be considered impervious surface);
B. 
Pathways six feet or less in width that employ grass pavers or porous paving and which are not intended for automobile use.
JUNKYARD
A use characterized by the storage, sorting, processing, packaging, or dismantling, of motor vehicles, tires, machinery, metal, equipment, furniture, building parts, paper, rags, scrap or any other materials, or parts thereof. The above materials, whether or not part of a commercial use, are defined as "junk" when this term is used in these regulations.
KENNEL
Any area or facility, whether private or commercial, utilized for the sheltering or harboring of more than four dogs, each being over six months in age, which shall also include, but not be limited to, facilities providing for the overnight commercial boarding of dogs in any number.
[Amended 3-7-2016 by L.L. No. 1-2016]
LAKEFRONT
Any lot adjoining Cazenovia Lake.
LIGHT MANUFACTURING
A commercial use characterized by the transformation of substances into new products, including assembly of component parts of other manufactured products, with or without use of power-driven machinery and materials-handling equipment and storage and transportation facilities related to such products, and other uses of the same general character, not including any prohibited uses identified in Article I.
LOADING SPACE
An off-street space used for the temporary parking of one licensed motor vehicle engaged in pickup and delivery or other servicing of any use for which such space is required, and which space is at least 12 feet wide and 40 feet long, not including any access driveway area, and having direct access or other access from a street acceptable to the Planning Board.
LOT
A. 
A land area considered as a unit occupied or to be occupied by a principal structure or use and its accessory structures and uses, or by a group of structures united by a common use or interest, together with such yards and other open spaces required by these regulations, having not less than the minimum area, width, depth and street frontage required for a lot in the district in which such land is located or, if lacking required street frontage, having direct access acceptable to the Planning Board as a condition for issuance of a building permit for use of such land.
B. 
A lot shall be identified or designated as a separate and distinct parcel of land on a deed, plat or other instrument recorded and filed or to be recorded and filed in the records of Madison County.
LOT AREA
The square foot or acreage area of a lot calculated by viewing the lot as a horizontal surface, excluding any part thereof lying within the boundaries of a public street.
LOT, CORNER
A lot fronting on two streets at their intersection. A lot fronting on a curved street shall be considered a corner lot if tangents to the street right-of-way curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT COVERAGE
The lot area occupied by all principal and accessory buildings and structures on the lot, expressed as a percentage of the total lot area.
LOT DEPTH
The mean horizontal distance from the front lot line to the rear lot line measured at right angles to or radial to the front building line in the general direction of the side lot lines.
LOT LINE
Any line defining the boundaries of a lot. If any portion of a lot within such boundary lines involves less than a fee-interest ownership by the applicant, including but not limited to leasehold interests and common rights-of-way, the Planning Board shall determine whether such boundary line constitutes a lot line for purposes of allowing land use activities. A lot line shall be classified as a front, side or rear lot line, as herein defined. Where such lot line classifications by the applicant cannot be confirmed with certainty by the Zoning Enforcement Officer, the Board of Appeals shall determine the classification for purposes of allowing land use activities.
LOT LINE, FRONT
A lot line coincident with the line of a public street right-of-way. A corner lot may have two front lot lines.
LOT LINE, REAR
A lot line generally parallel to or directly opposite a front lot line. On a corner lot, the rear lot line may be designated by the applicant, subject to confirmation noted under the lot line definition.
LOT LINE, SIDE
A lot line extending between a front and rear lot line.
LOT WIDTH
The distance between the side lot lines at the front building line.
LUMEN
A measure of light energy generated by a light source.
LUMINANCE
Composed of the intensity of light striking an object or surface and the amount of light reflected back toward the eye. All surfaces have some reflecting qualities and therefore have luminance; light surfaces being more reflective than dark surfaces.
MAINTENANCE FACTOR
A measurement of the decrease in lumen output of a light fixture that occurs with the passage of time due to several factors, including lamp depreciation and lens cleanliness. The maintenance factor used in this code is 75%.
MANURE
Animal feces and urine.
MARINA
Any installation which provides any accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or servicing.
MEDICAL CENTER OR CLINIC
Office, diagnostic and related facilities for the observation, care and treatment of illness, injury and infirmity on an outpatient basis, not including a hospital or related use, a group residence or a professional residence-office.
MINIMUM RECOMMENDED LIGHTING VALUE
The lowest acceptable lighting level, in footcandles, consistent with the seeing of a task for which lighting is necessary.
MIXED USE
For the purposes of this chapter, the complementary inclusion of more than a single use in a project or on a parcel. Commonly this includes residential and commercial uses in the same building or in close proximity on the same site. For the VES Zone, mixed use can be within the same building or in two separate buildings on the same site. Mixed use may also be accomplished by providing for a complementary use on a separate parcel but within the VES Mixed Use Zone.
[Added 2-3-2014 by L.L. No. 1-2014]
MOTEL/HOTEL
Building(s) and related facilities providing short-term overnight lodging of transient guests, generally intended for the traveling public and including off-street parking, and which may include dining room, restaurant, tavern, banquet, conference, recreational and related facilities and services for guests. This term includes inn, motor inn, motor hotel, motor lodge, tourist court, and other terms commonly used for such facilities.
MOTOR VEHICLE SERVICE
A commercial use for the general repair, maintenance, painting and other servicing of motor vehicles and/or recreational vehicles, including sales and the sale of motor vehicle parts and accessories, when installation services are provided on the lot, and outdoor sales of motor vehicles, but not including a convenience store or a car wash.
MULTIPLE STORY
Refers to the usable levels in a building. It is related to height but is more concerned with the occupied levels of a building. For a building to be considered multiple story, the stories above the first story must be able to be occupied by some use.
[Added 2-3-2014 by L.L. No. 1-2014]
MUNICIPAL FACILITY
Any Village of Cazenovia or Town of Cazenovia building or other facility used for governmental purposes, and any fire station.
MUSEUM
An institution, open to the public, principally devoted to the procurement, care, study, and display of objects of historic, cultural and/or artistic interest or value.
[Added 2-2-2015 by L.L. No. 1-2015]
NONCONFORMING
Any use of land, any lot, or any building or other structure, yard, or other component of use or development of a lot which does not comply with the regulations of the district in which it is located and which legally existed on the effective date of enactment of these regulations or on the effective date of an amendment of these regulations which resulted in such nonconforming condition.
NON-OWNER-OCCUPIED TRANSIENT OCCUPANCY LODGING
A dwelling or dwelling unit, including associated appurtenant facilities, used for transient occupancy by one or more guests, boarders or tenants, where no record owner of the property is residing on the premises on a permanent basis, and no record owner of the premises is physically present upon the premises during the transient occupancy, and whether or not meals or cooking facilities are provided for the guests, boarders or tenants, but excluding motel/hotel and bed-and-breakfast uses.
[Added 8-6-2018 by L.L. No. 6-2018]
NURSERY
The grounds and premises, private or public, on or in which trees, shrubs, plants, vines and parts thereof are propagated, grown or cultivated for the purpose of distribution or selling the same as a business.
OFFICE
Facility used for general administration, management, clerical, technical and other functions and services of business, medical and other professional, banking, insurance, real estate, municipal, governmental, institutional, utility and other activities and enterprises, which may include space within a building for the garaging and/or dispatch of motor vehicles used in conjunction with the office use and/or the services offered.
OPEN SPACE
Any lot area not occupied by a structure.
OVERLAY DISTRICT
Regulations of an overlay district shall be applicable to each lot in the district in addition to the regulations of the zoning district in which the lot is located.
OWNER-OCCUPIED TRANSIENT OCCUPANCY LODGING
A home occupation in an existing dwelling or dwelling unit owned by one or more natural persons, including associated appurtenant facilities, used for transient occupancy by one or more guests, boarders or tenants, with at least one record owner of the property permanently residing on the premises, and whether or not meals or cooking facilities are provided for the guests, boarders or tenants, but excluding motel/hotel and bed-and-breakfast uses.
[Added 8-6-2018 by L.L. No. 6-2018]
PACKAGE-FOOD RESTAURANT
A commercial use consisting of preparation, packaging, and sale of food and beverages exclusively or primarily for off-premises consumption.
PARENT PARCEL
Any lot of record existing on March 1, 2009, which has subsequently been subdivided into one or more additional lots of record.
PARK
An area of land located within a development which is open to the public and devoted to active or passive recreation.
PARKING FACILITY/LOT
A lot or portion of a lot used to provide off-street parking.
PARKING SPACE
A space used for the temporary location of one licensed motor vehicle, which space is at least nine feet wide and 20 feet long not including any access driveway area, and having direct access or other access from a street acceptable to the Planning Board.
PARKING SPACE, OFF-STREET
A parking space located entirely within a lot.
PERMIT
Any building or other permit, including a special permit, required to be issued by the Zoning Enforcement Officer or the Planning Board in accordance with these regulations as a condition precedent to use, development, construction, or other action dealing with real property in the Village.
PET CEMETERY
Land, place, structure, facility or building provided by any person to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or inurement, above- or below ground, of pet remains.
PET CREMATORIUM
Any land, place, structure, facility or building provided by any person to veterinarians or members of the general public for the cremation of pets.
PETITIONER
See "applicant."
PETROLEUM
Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, re-refined or otherwise processed for the purpose of being burned to produce heat or energy; as a motor fuel or lubricant; or in the operation of hydraulic equipment.
PET STORE
A retail business that includes the sale of dogs, cats and/or other domestic animals.
[Added 3-7-2016 by L.L. No. 1-2016]
PHYSICALLY DISABLED PERSON
A person who has a physical impairment including impaired sensory, manual or speaking abilities, which results in a functional limitation in gaining access to and using a building or other facility.
PLANNING BOARD
The Planning Board of the Village of Cazenovia.
POST-SECONDARY EDUCATIONAL INSTITUTION
Any college, university or other institution devoted primarily to post-high-school educational activities, not including commercial schools of beauty, business, dance, driving, music or similar establishments.
PROCESS WASTE
Any waste generated by industrial, commercial or mining operations that, by virtue of some use, process or procedure, no longer meets the manufacturer's original product specifications.
PROJECT
Any activity involving use, development, construction, reconstruction, alteration or other action affecting land and structures regulated herein and proposed in an application for a building or other permit or for any other Village approval or authorization required by these regulations.
PROTECTED CONSERVATION AREA
Any space or area characterized by natural scenic beauty or whose existing openness, natural condition, or present state of use enhances the present or potential value of abutting or surrounding property or maintains or enhances the conservation of natural or scenic resources. For purposes of this chapter, natural resources shall include, but not be limited to, agricultural lands actually used in bona fide agricultural production.
[Added 2-3-2014 by L.L. No. 1-2014]
PUBLIC SPACE
Any space or area generally accessible to the public, but not necessarily publicly owned property. Such areas are generally parking lots, courtyards, entranceways, sidewalks, the street, etc.
[Added 2-3-2014 by L.L. No. 1-2014]
QUARRY
Commercial excavation and extraction of soil, sand, stone, gravel, minerals, or other natural materials and substances from land.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials which are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or the United States Nuclear Regulatory Commission.
RECREATION, COMMERCIAL OUTDOOR
Includes golf driving range, golf pitch and putt course, par three golf course, outdoor amusement park, hunting preserve and similar places of commercial outdoor recreation.
RECREATION, INDOOR
Recreation facilities within buildings, including bowling alley, theater, pool hall, ice and roller skating rink, gymnasium, tennis courts or other court games, swimming pool, hobby workshop, and similar facilities.
RECREATION, PRIVATE OUTDOOR
Includes yacht club, golf course, trap, skeet and archery range, swimming pool, skating rink, riding stable, park, lake and beach, tennis court, outdoor recreation stadium and skiing facility.
RECREATION, PUBLIC OUTDOOR
Includes municipally owned and operated playground, playfield, park, open space, swimming pool, operated not for profit and available to the general public or a segment thereof.
RECREATION VEHICLE
A mobile vehicle licensed to travel on or be transported on streets and highways, including but not limited to: motor home, travel trailer, camper, tent-trailer, boat, trailer, snowmobile, ATV or similar vehicle.
REDEVELOPMENT
The planning, development, design, clearance, construction, or rehabilitation of existing property improvements, regardless of whether a change in the principal or accessory use occurs.
[Added 2-3-2014 by L.L. No. 1-2014]
RELIGIOUS FACILITY
A place of worship such as a church, synagogue, temple or similar facility, including a parish house, convent, seminary and retreat house.
RESTAURANT
A commercial use consisting of the preparation, sale and service of food and beverages primarily for consumption on the premises, but not excluding package food services. Sale of beverages may include alcoholic beverages as a secondary activity, as compared to a tavern. Restaurants with drive-in facilities shall be included in the drive-in facility definition. Restaurants dealing exclusively or primarily in package-food services shall be included in the package food restaurant definition.
RETAIL BUSINESS
A commercial use characterized by the sale of goods and services within a building to the ultimate consumer, including but not limited to department, clothing, drug, food, hardware and similar stores and establishments and barber/beauty, dry-cleaning and similar personal service establishments, not including restaurants, taverns or vehicle service facilities or vehicle sales showrooms.
SCHOOL, PRIVATE
Nursery, parochial and other private schools from prekindergarten through grade 12.
SCHOOL, PUBLIC
Public schools from prekindergarten through grade 12.
SCIENTIFIC/TECHNICAL FACILITY
A commercial or other use characterized by scientific experimentation, tests or demonstrations; pure and applied research, design, development, application and production of prototype machines, devices, products, or processes; graphic and other design, printing, data collection and processing, communications, advertising, research, and other services; technology and manufacturing or assembly of products under highly controlled conditions; or other uses of the same general character conducted in controlled buildings and settings not involving any significant bulk raw material or product storage or handling, and not including any prohibited uses in § 180-5.
SCREENING DEVICE
An accessory structure intended to serve as a visual, noise, security and privacy barrier, including a fence, wall, screen or similar structure or improvement.
SENIOR CARE FACILITY
A residential facility occupied principally by persons 50 years of age and older that provides on-site living assistance and/or care to its residents.
[Added 2-2-2015 by L.L. No. 1-2015]
SEPTAGE
The contents of a septic tank, cesspool or other individual wastewater treatment work which receives domestic sewage wastes.
SERVICE AREA
Any open space portion of any lot used primarily to service and support the principal uses on the lot, including land used for service driveways, loading spaces, storage and collection of wastes, storage and maintenance yards, and similar utilitarian spaces and facilities.
SETBACK
See "yard depth."
SEWAGE
The combination of human and household waste with water which is discharged to the home plumbing system.
SHORELINE
The mean high water mark of any lake, pond, river, or stream.
SIGN
See Article IV, § 180-117B, for all sign definitions.
SLUDGE
The solid, semisolid or liquid waste generated from a waste-processing facility, but does not include the liquid stream of effluent.
SOLID WASTE
Material as defined in 6 NYCRR Part 360, including any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities, but not including solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit. Discarded materials that are being beneficially used pursuant to 6 NYCRR Part 360-1.15 are not considered solid waste.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts directly and laterally below the top of the areola; and
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely clothing covered.
SPECIFIED SEXUAL ACTIVITIES
A. 
Human genitals in a state of sexual stimulation or arousal; or
B. 
Acts of human masturbation, sexual intercourse, oral copulation, or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.
STABLE
A commercial use providing veterinary services or the care, boarding, grooming, breeding, training, sale or hiring of horses or other hoofed animals.
STORAGE, ENCLOSED
Enclosed building used for the interior storage of goods, supplies or equipment.
STORAGE, OPEN
Space not in an enclosed building used for the storage of goods, supplies or equipment.
STREET
A publicly dedicated and maintained right-of-way for vehicular traffic affording the principal means of access to adjoining lots.
STREET LINE
The right-of-way line of a street as dedicated by a deed or record. When the width of a street is not established, the street line shall be determined by the Public Works Administrator.
STRUCTURE
A building or anything else constructed or erected with a fixed location on or in the land or on or in a body of water, not including pavements and vegetation.
STRUCTURE, ACCESSORY
A structure other than a building generally associated with and incidental and subordinate to the principal use of a lot, including but not limited to fences, walls, flagpoles, signs, antenna, fireplaces, trellises, swimming pools, tennis or basketball courts or similar structures. A structure erected on a building such as an antenna shall be an accessory structure.
SUBDIVISION
A subdivision of land as defined in the Village of Cazenovia subdivision regulations.
SWIMMING POOL
Any permanent structure installed in the ground, or any excavation of the ground, for the purpose of swimming, bathing or wading, capable of containing water more than 24 inches in depth. Aboveground swimming pools are prohibited.
TAVERN
A commercial use, licensed by New York State, primarily engaged in selling and serving alcoholic beverages for consumption on the premises. Food may be sold and served as a secondary activity, as compared to a restaurant.
THEATER
A building or part of a building devoted to any of the performing arts.
THEATER, DRIVE-IN
Buildings, structures and open space devoted primarily to the showing of motion pictures or theatrical productions to patrons seated in automobiles.
TRANSIENT OCCUPANCY
Living and/or sleeping accommodation provided for compensation and/or barter for any period of less than 30 consecutive calendar days, counting any portion of a particular day as a full calendar day. Bed-and-breakfasts, motels/hotels and transient occupancy lodging shall individually and collectively be considered types of transient occupancies.
[Added 8-6-2018 by L.L. No. 6-2018]
TREASURER
Treasurer of the Village of Cazenovia.
TRIP GENERATION RATE
The number of vehicle trips that begin or end at a land use during a given period.
USE
The activity or activities for which a lot and principal and accessory buildings and structures on a lot are being or are to be used and occupied.
USE, ACCESSORY
A use incidental and subordinate to, and which may not be carried on independently of, a principal use, for example, a home occupation.
USE, COMMERCIAL
A use conducted for profit, other than a rented dwelling.
USE, NONRESIDENTIAL
All uses of land and buildings and other structures other than residential use as defined in this chapter.
USE, PERMITTED
A use permitted as of right in a zoning district subject to compliance with these regulations.
USE, PRINCIPAL
A use which may be carried on independently of any other use and which generally characterizes the primary activity for which a lot and principal buildings or structures are to be used and occupied.
USE, RESIDENTIAL
Uses of land, buildings and structures that are one-family dwellings, two-family dwellings, multifamily dwellings, home occupations, home occupations limited, bed-and-breakfasts or group residences, as defined and permitted under this chapter, including accessory structures permitted in association with such uses.
USE, SPECIAL PERMIT
A use having special characteristics and requiring special consideration by the Planning Board and which may be permitted in a zoning district subject to issuance of a special permit in accordance with these regulations. See Article V.
UTILITIES
All water, sanitary sewer, gas, electric, telephone and cable television facilities and any easements through or over which said facilities may be constructed or installed within or in conjunction with a development.
UTILITY STRUCTURE
Generation, transmission, distribution, storage, and related structures of public or other gas, electricity, water, waste treatment, telephone, cable television and other utility supply and service systems, not including offices, vehicle storage, warehousing and similar functions of any public or other utility company.
UTILITY TRAILER, LIGHT
A licensed trailer for noncommercial use not to exceed 14 feet in total length, and not more than six feet in height as measured from the ground.
VARIANCE
A modification of these regulations which may be granted by the Board of Appeals on grounds set forth in these regulations.
VEHICLE SALES SHOWROOM
Commercial display and retail sale of new and used automobiles, trucks, mobile homes, recreational vehicles, boats, and other similar devices, conducted primarily within a building, with only limited outdoor display and storage of such vehicles as determined by the Planning Board.
VETERINARY CARE FACILITY
A commercial use providing veterinary services or breeding services, which may include the overnight boarding or housing of any such animals.
[Added 3-7-2016 by L.L. No. 1-2016]
VILLAGE
The Village of Cazenovia.
VILLAGE BOARD
The Board of Trustees of the Village of Cazenovia.
WAREHOUSE, MINI
A commercial building consisting of individual self-contained storage units or sections leased for the self-service storage of household, business or other goods.
WAREHOUSE/SERVICE BUSINESS
Commercial use generally characterized by the storage, wholesaling, distribution and servicing and repair of merchandise, parts and equipment for other businesses or institutions, and/or the storage, retail sale and servicing and repair of building supplies, household or other machines or appliances, and other uses of the same general character, not including any prohibited uses identified in Article I.
WASTEWATER
Aqueous-carried waste, including, but not limited to, dredge spoil, solid waste, hazardous waste, incinerator ash and residue, sewage, septage, garbage, refuse, sludge, chemical waste, infectious waste, biological material, radioactive materials, heat and commercial, industrial, municipal and agricultural waste.
WATERSHED ZONE
The land areas that supply indirect sources of recharge to the zone of contribution, including nonaquifer areas that contribute surface water runoff, as well as aquifer areas contributing groundwater discharge into the zone of contribution.
YARD
An open space area of a lot between a front, rear or side lot line and the corresponding front, rear or side building line as required by these regulations.
YARD DEPTH
The horizontal distance from a front, rear or side lot line to the corresponding front, rear or side building line as required by these regulations.
YARD, FRONT
The yard bounded by the front and side lot lines and front building line, open and unoccupied except as permitted in these regulations.
YARD, REAR
The yard bounded by the rear and side lot lines and rear building line, open and unoccupied except as permitted in these regulations.
YARD, SIDE
The yard between a side lot line and the corresponding side building line further bounded by the front and rear yards, open and unoccupied except as permitted in these regulations.
ZONE OF CONTRIBUTION
The land area overlying that portion of the local sand and gravel aquifer where all recharge and groundwater directly flows toward the pumping well(s).
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Cazenovia.