The following criteria shall be considered in determining whether
or not a group of unrelated persons is a functional family unit as
defined herein:
A.
The occupants must share the entire dwelling unit. A dwelling in
which the various occupants act as separate roomers is not deemed
to be occupied by a functional family unit.
B.
The household must have stability with respect to the purpose of
these regulations. Evidence of such stability may include the following:
(1)
The presence of dependent persons regularly residing in the household.
(2)
Proof of the sharing of expenses for food, rent or ownership costs,
utilities and other household expenses.
(3)
The various occupants have the same address for the purposes of voter
registration; driver's license; motor vehicle registration; and/or
filing of taxes.
(4)
Common ownership of furniture and appliances among the various occupants.
(5)
Enrollment of dependents in local public schools.
(6)
Employment of occupants in the local area.
(7)
A showing that the household has been living together as a unit for
a year or more, whether in the current dwelling or other dwelling.
(8)
Any other factor reasonably related to whether or not the group of
persons is the functional equivalent of a family.
Group residence uses shall be as defined in § 180-9 and in accordance with the following requirements:
A.
No exterior alterations other than those mandated by any other codes
or regulations to assure safety and sanitation shall be made to any
existing dwelling.
B.
Within a residential district, any new building shall be compatible
with the scale, character and design of surrounding dwellings and
shall comply with all regulations herein applicable to the district.
C.
The number of residents in a group residence shall be reasonably
consistent with the number of bedrooms and other living accommodations
available in the structure.
A home occupation use shall be as defined in § 180-9 and in accordance with the following requirements:
A.
Only one home occupation shall be permitted in a dwelling.
B.
The home occupation shall not alter the primary use of the premises
as a dwelling and shall be limited to 50% of the floor area of the
first floor of the dwelling or up to 100% of any basement area of
the dwelling, except where use of other space or rooms of a dwelling
are an integral component of and clearly necessary for conduct of
the home occupation.
C.
The applicant shall identify anticipated average peak weekday vehicle
trips generated by the dwelling and the home occupation and shall
demonstrate the off-street and on-street parking capacity available
to meet this parking need. Any on-street parking resources shall not
include regular use of spaces fronting on adjoining properties. The
number of on-site parking spaces shall not exceed the number permitted
for the residential use.
E.
Only the occupants of the dwelling may conduct the business activities
upon the premises.
F.
In no way shall the appearance of the dwelling be altered nor shall
the activity within the dwelling be conducted in a manner which would
cause the residential character of the premises to change, either
by the use of colors, materials, construction, lighting, signs, or
the emission of noise, odor, vibration, glare, electrical disturbance,
or conditions which are not typical of dwellings in the neighborhood.
G.
There shall be no direct sale to consumers of goods not produced
on the premises.
H.
There shall be no exterior storage of stock or equipment nor exterior
display of goods or products.
I.
A home occupation for an animal day care facility shall be subject
to the following limitations and requirements:
[Added 3-7-2016 by L.L.
No. 1-2016[1]]
(1)
No more than four dogs or cats (including domestic pets of the occupants
of the residence) shall be upon the premises at any one time.
(2)
Clients may not be accepted on the premises prior to 8:00 a.m. nor
after 7:00 p.m.
(3)
All services shall be by appointment only, with appointments scheduled
to avoid overlapping client visits to the maximum extent practicable.
(4)
All dogs and cats upon the premises must have current rabies vaccinations
and have effective and current treatments for fleas, ticks and other
parasites.
(5)
All animal waste must be collected and kept in closed containers
without odors.
(6)
Animal noise shall not be disruptive to neighbors.
J.
Any application for a special permit for a home occupation which
does not clearly comply with all above requirements and which does
not demonstrate that peak parking needs can be satisfied without undue
impact on the residential character of the street and neighborhood
shall be denied.
K.
A special permit for a home occupation shall be valid for one year
from the date of initial approval by the Planning Board, but shall
be deemed automatically renewed for successive one-year periods unless
the Zoning Enforcement Officer finds that the home occupation has
been or is being conducted in a manner inconsistent with any of the
above requirements and/or of the original special permit approval.
If the Zoning Enforcement Officer so finds, the special permit shall
not renew, and, upon notification by the Zoning Enforcement Officer,
the home occupation shall cease.
[Amended 3-7-2016 by L.L.
No. 1-2016]
Bed-and-breakfast: use shall be as defined in § 180-9 and in accordance with the following requirements:
A.
No exterior alterations, other than those mandated by any other codes
or regulations to assure safety and sanitation, shall be made to any
existing dwelling for the purpose of operating and conducting a bed-and-breakfast.
B.
No outdoor advertising other than one sign permitted by these regulations
shall be provided.
C.
Only a breakfast meal may be served to guests.
D.
A bed-and-breakfast on a lakefront shall not include any boating
or boat docking facilities for use by guests.
E.
The owner/occupant shall maintain a current guest register including
names, addresses and dates of occupancy of all guests; such register
shall be available for inspection by the Zoning Enforcement Officer.
F.
Off-street parking shall be provided in accordance with these regulations
without unreasonably changing the existing residential character of
the lot.
G.
All bed-and-breakfast uses shall annually obtain a license to operate a bed-and-breakfast establishment under the same terms and conditions as set forth in Subsections M, N, O, P, Q, S, T and U of § 180-104 of this chapter, and all bed-and-breakfast uses shall be subject to compliance with all the special use and licensing conditions and requirements applicable to transient occupancy lodging uses as set forth in said § 180-104, except to the extent such conditions or requirements may conflict with the provisions of this section, in which case the provisions of this section shall apply.
[Added 2-4-2019 by L.L.
No. 1-2019]
A.
Post-secondary educational institution, private school, public school,
and religious facilities uses are classified as a special uses in
residential zoning districts because of the significant and potentially
detrimental impacts which may be generated by such uses within established
residential neighborhoods of the Village, including major portions
of the Historic Preservation Overlay District. It is the specific
intention of these special permit standards that these uses, when
established or modified in residential zoning districts, must have
no greater impact on residential uses and neighborhoods than the impact
of other residential uses, and that these uses will not adversely
impact the value or lawful use and enjoyment of surrounding residential
properties.
B.
If located within the Historic Preservation Overlay District, such
use shall comply with the regulations of said district and shall demonstrate
that it is compatible with and will not diminish or impair the established
values and harmony, integrity and character of the district or contributing
buildings within the district.
C.
Notwithstanding any other requirements, the location, size, scale,
or height of a new building shall be reasonably consistent with those
of any building(s) which it may replace, so as not to diminish and
unreasonably impair the supply of light and air available to any existing
adjoining dwellings.
D.
The specific use of, and levels and concentrations of activity within,
existing and proposed buildings, yards, open spaces areas, off-street
parking vehicular and pedestrian traffic systems; and other features
of the use, shall not exceed the reasonable capacity of surrounding
streets and other public facilities to accommodate and support such
use.
E.
The use shall not reasonably threaten or impair the health, safety
and general welfare of surrounding residents by introducing or increasing
traffic congestion, danger from fire or other hazards, light or noise,
loss of privacy or security, comfort and convenience, the capacity
of public facilities and resources, or by other adverse impacts on
the livability, value or character of surrounding dwellings or neighborhoods.
Motor vehicle service uses shall be as defined in § 180-9 and in accordance with the following requirements:
A.
Entrance and exit driveways shall be located at least 20 feet from
any side or rear lot lines and at least 35 feet from any intersecting
street right-of-way line. Driveways shall be planned to avoid the
necessity of any vehicle backing into a street or across a sidewalk.
All areas of vehicular servicing and movement other than driveways
shall be located on the lot and not in the street right-of-way.
B.
The use shall be laid out to avoid stacking of entering vehicles
in travel lanes of access streets.
C.
No building or other structure, except a fence, shall be closer than
50 feet to any lot in a residential district or any other lot used
for residential purposes.
D.
Any permitted repair or servicing of vehicles other than the dispensing
of fuel, oil, water and air, shall be performed indoors.
E.
No unlicensed or dismantled motor vehicles shall be stored outdoors.
F.
Adequate off-street parking shall be provided for employees at peak
shift.
Convenience store uses shall be as defined in § 180-9 and in accordance with the following requirements:
A.
Any such use shall provide off-street parking at a ratio of one space
for each 100 square feet of retail sales floor area accessible to
customers. Such parking shall be separated from any vehicular servicing
and movement areas of any gasoline service station with which it is
associated other than common entrance and exit driveways.
B.
Outdoor storage of any stock or other material or outdoor display
or sale of any goods shall be prohibited, unless stored or displayed
within four feet of the building perimeter.
C.
Entrance and exit driveways shall be located at least 20 feet from
any side or rear lot lines and at least 35 feet from any intersecting
street right-of-way line. Driveways shall be planned to avoid the
necessity of any vehicle backing into a street or across a sidewalk.
All areas of vehicular servicing and movement other than driveways
shall be located on the lot and not in the street right-of-way.
D.
The use shall be laid out to avoid stacking of entering vehicles
in travel lanes of access streets.
E.
No building or other structure, except a fence, shall be closer than
50 feet to any lot in a residential district or any other lot used
for residential purposes.
Drive-in facility and car wash uses shall be as defined in § 180-9 and in accordance with the following requirements:
A.
Provision shall be made for off-street stacking of at least five
vehicles entering and waiting for service for each drive-in station
or unit, and for adequate stacking and movement of existing vehicles
from the drive-in stations to the street. Any facility which may regularly
generate stacking of vehicles on travel lanes of access streets so
as to impede either public vehicle or pedestrian traffic shall be
denied.
B.
All vehicle movements required by the facility shall meet all reasonable
sight distance and other safety standards, and such movements shall
be properly controlled with uniform traffic control signs and other
devices.
C.
Drive-in traffic shall not interfere with access to required off-street
parking.
D.
The lot shall have a minimum width of 100 feet along each fronting
street.
E.
Substantial curbed and landscaped buffers in accordance with these
regulations or otherwise acceptable to the Planning Board based on
lot dimensions and site plan requirements shall be provided along
all side and rear lot lines.
F.
Surface drainage shall be controlled and collected on site and connected
to a storm drainage system; significant runoff onto streets shall
not be permitted; proper provision shall be made for directing car
wash wastewater to a sanitary sewer system.
[Added 8-6-2018 by L.L.
No. 6-2018]
A.
Transient occupancy lodging is classified as a special use because of the potentially unpredictable intensity of use and resulting conflicts with other adjoining and nearby uses. The Planning Board shall review such uses under the criteria set forth in § 180-143, and shall particularly address each application in terms of site plan features such as proximity to other uses and the nature of nearby uses, as well as available parking, lighting and other site features in order to minimize land use conflicts and associated adverse impacts to other residential uses. Any initial application for a special permit to operate a non-owner-occupied transient occupancy lodging use facility located within an R-30, R-20, R-10, R-6, RM, WG or CD zoning district must be received by the Village Clerk no later than October 1, 2018. All special permits for non-owner-occupied transient occupancy lodging use facilities located within an R-30, R-20, R-10, R-6, RM, WG or CD zoning district granted to the owner of the premises as of July 2, 2018, shall terminate and expire upon the transfer of title (ownership) of the subject premises by said owner, at which time the use of said premises as a non-owner-occupied transient occupancy lodging use facility shall terminate and shall thereafter cease to be permitted under the provisions of this chapter.
B.
The maximum number of persons permitted to occupy any transient occupancy
lodging facility shall be two persons per sleeping room, with an overall
maximum of eight persons, subject to available parking for the use.
The Planning Board may establish a lower maximum occupancy limit under
its special permit review authority if it determines that the number
of parking spaces appropriately devoted to the use is insufficient
to support the number of intended occupants without adversely affecting
adjoining property owners and/or the surrounding neighborhood.
C.
No recreational vehicles, campers, trailers, or motor vehicles larger
than a one-ton pickup truck may be parked upon the premises during
any transient occupancy. The number of automobiles and/or light duty
(pickup) trucks that may be parked on site in association with any
transient occupancy lodging shall be limited to the number of off-street
parking spaces designated on the site plan approved by the Planning
Board. No vehicles may be parked on lawns or in other areas not specifically
approved as parking spaces under the provisions of this chapter. The
Planning Board shall review all applications in relation to the physical
limitations of the subject premises as well as the proximity to adjoining
uses and surrounding neighborhoods in order to determine the appropriate
parking requirements and occupancy limits.
D.
No transient occupancy lodging facility shall be located above the
second floor of any building unless such floor has a fire sprinkler
system or has been otherwise constructed in accordance with requirements
of applicable New York State code requirements for residential occupancy
of such floors.
E.
Each sleeping room within a transient occupancy lodging facility
shall have affixed to the occupied side of the entrance door to the
sleeping room a written notice stating the means of egress from the
room in case of fire or other emergency, the location of means for
transmitting fire alarms, if any, and the evacuation procedures to
be followed in the event of a fire or smoke condition, or upon activation
of a fire or smoke-detecting or other alarm device.
F.
Dwellings and/or dwelling units used for transient occupancy lodging
shall have no exterior signs or other exterior indications of the
transient occupancy use, which shall from all exterior indications
be indistinguishable from an otherwise permitted conventional residential
use.
G.
All transient occupancy lodging uses shall be limited to the temporary
lodging of registered guests, and no commercial activities and no
public or private parties, receptions, meetings or similar social
gatherings or events shall be permitted. Occupancy shall be limited
to the number of persons permitted under the special use permit issued
by the Planning Board, and the operator of the facility shall maintain
a register of all guests staying at the facility, their permanent
addresses, and the dates of their stay. This register shall be immediately
made available to the Village Code Enforcement Officer and/or Police
Department as part of any Village investigation of any complaints
regarding guest behavior and/or to determine compliance with requirements
of any special permit issued for the facility.
H.
No person, whether directly or as a sole or partial owner of another
legal entity, may be the owner or operator of more than one transient
occupancy lodging facility within any area of the Village zoned R-30,
R-20, R-I0, R-6, RM, WG or CD at any one time.
I.
Owners of permitted non-owner-occupied transient occupancy lodging
facilities shall be required to have a designated property manager
who resides in such proximity to the subject premise so as to permit
him or her at all days and times to physically be at the subject premise
within 15 minutes of receiving notification of a complaint relating
to the premises. Current contact information for this person or persons
shall be kept on file with the Village Code Enforcement Officer and
Village Clerk at all times.
J.
Owners of transient occupancy lodging facilities must at all times
be current in the payment of all real property taxes and special assessments,
and shall be responsible for complying with other applicable legal
and regulatory requirements, including, but not necessarily limited
to, compliance with New York State building, property maintenance
and safety codes and registration and collection of state and local
sales taxes and county occupancy taxes. When available, applicants
shall register to have applicable taxes and fees collected and remitted
by the internet host platform.
K.
All owners of transient occupancy lodging facilities shall provide
to the Village proof of general liability insurance against claims
for personal injury, death or property damage occurring on, in or
about the subject premises in an amount not less than $1,000,000 in
respect of personal injury or death, and in an amount of not less
than $100,000 in respect of property damage.
L.
All applications for approval of a non-owner-occupied transient occupancy
lodging facility in existence prior to July 2, 2018, in an R-30, R-20,
R-10, R-6, RM, WG or CD zoning district shall be accompanied by documentary
proof of operation as a non-owner-occupied transient occupancy lodging
facility, which shall include a copy of the Madison County occupancy
tax certificate for the premises dated before July 2, 2018 and proof
of website hosting of the property before July 2, 2018, (such as a
screenshot/proof), the adequacy of which shall be subject to Village
approval, and at least one of the following two items:
(1)
A copy of the most recent county occupancy tax quarterly return
showing payment of Madison County occupancy tax on at least one rental
before July 2, 2018;
(2)
A copy of at least one rental agreement/booking (online proof
is acceptable) showing occupancy of the premises by a transient tenant
before July 2, 2018.
M.
License required. No person, firm or entity shall own, operate or
manage a transient occupancy lodging facility in the Village of Cazenovia,
nor shall any owner permit the operation of a transient occupancy
lodging facility on premises owned by him, her or it, without a duly
issued license from the Village of Cazenovia to operate a transient
occupancy lodging facility. All new and existing transient occupancy
lodging facilities shall be required to obtain a license annually
from the Village Code Enforcement Officer, the original or copy of
which shall be prominently displayed in a front window of the subject
residence in such manner so that it is clearly visible from the public
sidewalk, or from the street if there is no sidewalk.
N.
Licenses issued for transient occupancy lodging facilities shall
be valid for one year, from October I to September 30. A complete
application for a license or license renewal shall be submitted to
the Code Enforcement Officer not less than two months prior to the
date the license, or renewal license, as applicable, is to be effective.
Applications not submitted in time to be effective as of the 1st day
of October shall be effective as of the date of issuance and shall
expire on the next succeeding 30th day of September. The applicant
shall schedule with the Enforcement Officer the necessary inspection
of the dwelling or dwelling unit not less than 30 days prior to the
desired license effective date. All applications for a special permit
and license shall include the following information:
(1)
Current and accurate site plan of the premises (as approved
by the Planning Board for the special permit application), showing
all property lines, building lines, driveways, sidewalks, parking
spaces, garbage and recycling storage areas, and any outbuildings
and outdoor gathering areas such as patios and decks;
(2)
Floor plans, as determined adequate by the Planning Board and
which need not be prepared by a licensed design professional, for
each building floor level containing rentable space, which specifically
depict all room sizes and locations, common areas, exits and other
facilities;
(3)
A copy of the recorded deed showing all current owners of the
premises, and a list of the names, home and business addresses, all
phone numbers (including home, business and cell) and e-mail addresses
of all property owners and all property managers in the case of non-owner-occupied
facilities;
(4)
The number of permanent residents and the number of transient
residents proposed to reside on the premises (as authorized per the
conditions of the special use permit granted by the Planning Board
in the case of license applications), including the number assigned
to each bedroom shown on the building floor plans;
(5)
The number of all automobiles, trucks and other vehicles belonging
to the owners/permanent residents that will be parked on the premises
during periods of transient rentals, including, for each such vehicle,
the make, model and year of the vehicle, license plate number, the
name and permanent address of each vehicle's local operator and its
titled owner,
(6)
Such other information as the Code Enforcement Officer may reasonably
require for the premises in question.
O.
All applications for a special permit and/or license to operate a
transient occupancy lodging facility shall be signed by all owners
of the premises. All applications shall include an accurate list of
all property owners within 150 feet of the subject premises, as indicated
on the most recent real property tax assessment roll, accompanied
by a statement that all such owners have been provided a copy of the
application. Each signator to the application shall swear or affirm
to the truth and accuracy of the information contained in the application.
Upon each license application and renewal application, the applicant
shall be required to pay a license administration fee to the Village
of Cazenovia, which, except as may be otherwise determined by resolution
of the Board of Trustees, shall be in the amount of $200.
P.
All proposed transient occupancy lodging facilities shall be physically inspected for proper maintenance of the premises in accordance with Subsection S(1) below, and for general code compliance prior to issuance of a license to operate the facility, and also on an annual basis thereafter prior to the issuance of any renewal license.
Q.
Upon such timely application and inspection, the Enforcement Officer will issue or renew, as applicable, the license upon a finding of full and proper compliance with all provisions of this chapter and all other applicable laws and standards. Upon determining that sufficient grounds exist under the provisions of Subsection S below, the Planning Board shall have the authority to revoke any such license upon application of the Code Enforcement Officer and after holding a public hearing upon any such application to revoke a license.
R.
The total number of nights of transient occupancy of any Transient
Occupancy Lodging facilities located within an R-30, R-20, R-10, R-6,
RM, WG or CD zoning district may not exceed 60 nights within any given
license year.
S.
Grounds for denial or revocation of license. Any proposed or existing
transient occupancy lodging facility that is not in compliance with
the requirements of this chapter, or any other applicable laws or
standards, shall not be granted a license to operate, and, in the
event a license has been issued, such license shall be subject to
revocation, as herein provided, and the owner(s) and operator(s) of
the transient occupancy lodging facility shall be subject to such
other penalties and/or remedies as may be applicable. The existence
of any of the following conditions and circumstances shall be deemed
violations that constitute grounds for denial or revocation of a transient
occupancy lodging facility license:
(1)
Indications of improper maintenance or operation of the property
in keeping with the character of the neighborhood, and/or failure
to maintain and keep the premises in a healthy, safe and sanitary
condition, which shall include, but is not necessarily limited to:
(a)
Exposed garbage or litter on the premises;
(b)
Failure to maintain the buildings and grounds in a neat and
orderly fashion, including painting and maintenance of exterior surfaces
and windows and maintaining and trimming of grass and other vegetation;
(c)
Parking of vehicles on or about the premises in undesignated
and/or unapproved parking areas;
(d)
The occurrence of parties or other gatherings of individuals
upon the premises wherein the number of persons gathered upon the
premises exceeds the number of persons authorized upon the premises
under the terms of the special permit and license.
(2)
Two or more instances within any twelve-month period where a
police officer or agency, or the Village Code Enforcement Officer,
issued one or more appearance tickets or arrest warrants with respect
to acts or omissions related to the transient occupancy of the premises.
Such conduct shall include, but is not necessarily limited to, the
occurrence of any acts, incidents or events upon the premises that
constitute violations of any provision of this chapter, or any other
provision of the Village Code, and/or the New York State Penal Law.
(3)
The conviction upon any formal charges as described in the immediately preceding Subsection S(2) shall be prima facie evidence of improper operation of a transient occupancy lodging facility, and shall constitute grounds for immediate revocation of a license, as well as for automatic denial of a license renewal application for a period of one year following the date of license revocation or expiration, as applicable.
T.
Upon determining the existence of one or more offending conditions
relative to the premises, the Code Enforcement Officer shall deny
the application for a transient occupancy lodging facility license
and, with respect to previously licensed transient occupancy lodging
facilities, at that time may take any action authorized by law, including,
but not necessarily limited to the following:
(1)
Impose additional conditions upon the license;
(2)
Refer the matter to the Planning Board to schedule a public
hearing to consider revocation of the license;
(3)
Issue one or more appearance ticket or tickets for any violation(s)
of the Village Code. The Code Enforcement Officer shall be authorized
to issue an appearance ticket to any owner or operator of a transient
occupancy lodging facility operating without a valid license.
A.
Motel/hotel use is classified as a special use because of the potential
scale and density of development and traffic generation. The Planning
Board shall review such use primarily in terms of architectural and
site plan review criteria and considerations, but shall also focus
on any special traffic considerations which are appropriate.
B.
The location of entrance and exit driveways and the traffic volumes
and patterns currently being experienced on access streets shall be
particularly reviewed in relation to anticipated additional peak-hour
traffic expected to be generated by the use. Any significant adverse
impacts expected from such traffic, and any visual, noise or other
impacts on surrounding residential districts and uses shall be considered
by the Planning Board in determining the appropriateness of the use.
C.
The proposed extent of grading of the site and drainage management
shall also be considered. Stormwater runoff shall be controlled and
collected on site and discharged to a public storm sewer system or
to a natural drainage system with capacity to accept such runoff.
An on-site stormwater detention facility may be required to provide
controlled release if potential runoff exceeds the capacity of downstream
systems to accept such runoff without flooding, erosion or other adverse
impacts.
D.
Any such use developed by one or more applicant property owners,
with or without any government participation, shall reasonably comply
with all regulations as they may affect the design, dimensions, surfacing,
lighting, buffering and screening, signing or other aspects of development
of a parking lot.
E.
Such use shall preferably have two driveway connections to streets,
and shall be located and designed to avoid stacking up of entering
vehicles in travel lanes of adjoining streets or any conflict with
pedestrian traffic.
F.
The Planning Board shall also review such proposed use in relation
to surrounding neighborhood, business area, and other uses in order
to consult and participate with the applicant in suggesting any modifications
which may be appropriate to serve current or anticipated parking needs.
In any district, any quarry use and activity, except when incidental
to the construction of a building on the same lot, may only be permitted
following a special permit procedure and approval by the Planning
Board. In any district, the following requirements shall apply:
A.
No excavation or stockpiling of materials shall be located within
200 feet of any street or other lot line. No blasting shall be permitted.
B.
No power-activated sorting machinery or equipment shall be located
within 600 feet of any street or lot line, and all such machinery
shall be equipped with satisfactory dust elimination devices.
C.
All excavation slopes in excess of one to one shall be adequately
fenced.
D.
Extension of any existing nonconforming quarry shall be prohibited
unless such extension was previously approved by the Village Board.
E.
Stripping of topsoil from any lot for sale or use elsewhere shall
be prohibited.
F.
Prior to any approval of new or extended quarrying operations, a
performance bond or irrevocable letter of credit in favor of the Village
shall be provided by the applicant in an amount determined by the
Board of Trustees to be sufficient to ensure that upon completion
of the quarry operations, the abandoned quarry will be reclaimed and
restored to a safe, attractive and useful condition in the interest
of public safety and general welfare. The applicant shall submit a
plan of proposed improvements to accomplish such reclamation. The
Planning Board shall not approve any quarry operations which do not
provide for adequate topographic and vegetative reclamation and restoration
of the quarry area to a reasonable natural appearance. Nothing herein
shall limit the rights of other agencies having jurisdiction over
such land use activity and reclamation of such land use areas, and
the applicant shall be responsible for securing any permits required
from such agencies. However, a permit from such agency shall not serve
to waive the requirement of a Village permit.
A.
The placement, deposit, burial or dumping of waste organic material
is prohibited within the Village. Inorganic rock, stone, sand, soil,
cinders and construction debris such as concrete may be placed and/or
buried on a lot only in conjunction with a specifically approved development
proposal in accordance with a grading plan approved by the Planning
Board and the Village Engineer. This section shall not be deemed to
prohibit the placement of topsoil or mulch materials in conjunction
with typical lawn seeding and landscaping activities, as long as such
seeding and landscaping activities do not adversely affect stormwater
drainage on adjoining or other lots.
B.
The Zoning Enforcement Officer shall approve and authorize all land
filling activity in writing, provided that:
(1)
All land fill is graded as authorized by the Zoning Enforcement
Officer.
(2)
The total amount of landfill does not exceed 40 cubic yards,
except where such fill is generated by on-site earthwork and regrading
in connection with a building or site construction project requiring
a building permit. Placement of excavated material and fill and grading
of all such material shall be part of Planning Board review prior
to issuance of a building permit.
(3)
The minimum distance from any edge of a landfill area to any
shoreline or wetland edge is more than 100 feet. Adequate erosion
controls and sedimentation traps shall be installed in any area which
may impact on any shoreline, wetland or adjoining lot.
(4)
The project will not adversely modify or impair drainage to,
from, or on any adjoining lot.
C.
Any landfill which is not included under a building permit and does
not meet the above criteria shall require a special permit procedure
and approval by the Planning Board.
No person shall construct, establish, operate or maintain, or
be issued a certificate of occupancy for, any adult business use unless
such use meets the following standards:
A.
No more than one adult business use shall be allowed or permitted
on any one lot.
B.
No adult business shall be allowed or permitted on a lot that is
closer than 800 feet (all distances to be measured from lot line to
lot line) to:
(1)
A lot on which there is another adult business use.
(2)
Any church or other regular place of worship, community center,
funeral home, library, school, nursery school, day-care center, hospital
or public park, playground, recreational area or field.
(3)
Any public buildings.
(4)
Any hotels or motels.
C.
Observation from public way prohibited. No adult business use shall
be conducted in any manner that permits the observation of any material
depicting or relating to specified sexual activities or specified
anatomical activities from any public way or from any other lot, including
but not limited to any lighting, display, decoration, poster, photograph,
video/DVD, sign, show, doorway, window, screen or other opening.
The following requirements shall apply in all instances of adjoining
residential and nonresidential lots:
A.
A landscaped buffer or screening device shall be provided in all
yards of nonresidential district lots which adjoin lots in a residential
district as required herein.
B.
No parking, loading, driveway or structure other than a fence or
other screening device shall be permitted within a required buffer.
C.
Where a lot in a nonresidential district adjoins a lot in a residential
district, side and rear yards of the nonresidential lot shall be equal
in depth to side and rear yard depths required in the residential
district, but not less than 10 feet.
D.
Front yard transition. Where frontage on one side of a street in
the same block may contain both residential and nonresidential districts,
the front yard depth in the nonresidential district shall be equal
to the required front yard depth of the residential district.
A.
Buffer requirement and purpose.
(1)
Where any nonresidential land use, whether in a residential
district or a nonresidential district, adjoins one or more residential
district lot(s), a strip of land at least 25 feet in width shall be
established and maintained as a landscaped buffer in the front, side
and rear yards adjoining the residential district lot(s).
(2)
The purpose of the buffer is to minimize the impact of the nonresidential
use on the adjacent residential, or future residential use, with the
intent that the landscaped buffer shall be a complete buffer consisting
of overstory, understory and ground cover vegetation that is environmentally
sound, visually attractive and effectively mitigates against adverse
light and sound impacts.
B.
Minimum requirements. Landscaping shall be installed and maintained in front, side and rear yards as developed, and shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover. A mixed variety of vegetation shall be planted to form a dense year-round visually opaque buffer at least eight feet in height, except as otherwise limited by the provisions of § 180-111 of this chapter. All such landscaping shall be installed and maintained in a healthy growing condition in accordance with the following requirements:
(1)
Required landscaping shall consist of a minimum of six large
maturing trees (minimum 50% evergreen) and 40 medium shrubs (minimum
75% evergreen) for each 100 linear feet, to provide continuous coverage.
For dimensions of less than 100 feet, plantings and spacing will be
in proportion to the basic ratio described above. Where overhead utility
lines exist, small maturing trees planted one per 15 linear feet may
be substituted for large maturing trees with the approval of the Planning
Board.
(2)
New trees and shrubs should be evenly spaced at planting. At
installation, shrubs shall have a twenty-four-inch minimum installed
height, evergreen trees shall not be less than eight feet in height,
large maturing trees shall be a minimum caliper of 2 1/2 inches, and
small maturing trees shall be a minimum caliper of 1 1/4 inches.
(3)
Where a natural buffer exists, it is to remain undisturbed,
with no removal of lower limbs or undergrowth except as required to
maintain the health and vigor of the vegetation.
(4)
Where new landscape materials are to be installed, the type
of material used will be complementary to plant materials existing
on the property and on adjoining properties. Use of native plant materials
is encouraged.
(5)
All new plant material will be of good quality, installed in
a sound, workmanlike manner and meet the standards set forth in the
American Standard for Nursery Stock by the American Association of
Nurserymen. The owner and contractor will warrant all new plant material
for two years from time of installation.
(6)
All trees will be properly guyed and mulched, as required, in
accordance with accepted practices in the landscape industry, to prevent
winds from loosening the roots. Installation and construction practices
shall be utilized so as to preserve and replace existing topsoil and/or
amend the soil to reduce compaction.
(7)
The owner of the property is responsible for the continued proper
maintenance of all landscaping materials and will keep them in a proper,
neat and orderly appearance, free from refuse and debris. All dead
or unhealthy plant material will be replaced within 180 days to maintain
the quality of the landscaping. In no instance will the Village of
Cazenovia be responsible for the maintenance of any vegetation required
under these regulations.
(8)
No dumpsters or other refuse storage containers, and no mechanical
equipment such as air conditioner units, shall be permitted within
the buffer area.
(9)
Permanent detention and temporary erosion and sedimentation
control basins are prohibited in buffer areas.
(10)
Utility easements may cross but not be placed within the long
dimension of a buffer area.
(11)
Wherever practical, pedestrian access may be provided through
the buffer area.
C.
Masonry walls and wooden fences not more than six feet in height may be used in addition to required vegetation in the landscaped buffer, but not in lieu of the required vegetation, subject to the limitations of § 180-111. Masonry walls shall have brick or stone facing, or have the appearance thereof. All wooden fences shall substantially identical in appearance when viewed from either side, with the fence posts located on the owner's side.
D.
Berms may be utilized in the design of a landscaped buffer, subject to the limitations of § 180-111, provided that the slope of the berm shall not exceed a maximum rise of one foot to a run of two feet, a maximum height of four feet and a maximum width of 40% of the required buffer width at the base of the berm.
E.
Alternative methods of compliance.
(1)
Alternate landscaping plans, plant materials, or planting methods
may be used where unreasonable or impractical situations would result
from application of landscaping requirements, or where necessary to
protect existing vegetation. Such situations may result from streams,
natural rock formations, topography, or other physical conditions,
or from lot configuration, utility easements, unified development
design, or unusual site conditions.
(2)
The Planning Board may approve an alternate plan that proposes
different plant materials or methods provided that such alternative
plan provides quality, effectiveness, durability, and performance
equivalent to that required by this section.
A.
Permit. No fence, wall or other screening device, except natural vegetation plantings, shall be installed without a building permit. The Zoning Enforcement Officer may issue a building permit in accordance with Subsection B(3) below.
B.
Height and location.
(1)
Front yard. Screening devices permitted within required front
yards may not exceed four feet in height and shall be of an open see-through
design. Substantially opaque fences are prohibited within a required
front yard. On corner lots, such devices shall be subject to visibility
requirements within 25 feet of the corner as required elsewhere in
this section. Where a screening device is permitted within a front
yard, it shall be located at least two feet inside the front lot line
or at least two feet inside any sidewalk which may overlap the front
lot line.
(2)
Side and rear yards. No fence or wall shall exceed six feet
in height within required side and/or rear yards in residential zoning
districts. Higher fences may be approved by the Planning Board for
nonresidential uses where the need for a higher fence is warranted
for screening, security and/or public protection.
(3)
Fences and walls shall be substantially identical in appearance
when viewed from either side, with fence posts located on the applicant's
lot side. If not substantially identical in appearance, a fence or
wall may be installed only as directed by the Planning Board following
a public hearing and specific prior notice to the adjoining property
owner prior to the issuance of a permit.
(4)
Prohibitions. Barbed wire or electrified screening devices are
prohibited. Chain link fences must have a continuous top rail.
(5)
Plantings.
(a)
Plantings, except trees and ground cover, shall not be placed
between the sidewalk and the street, and shall not exceed three feet
in height if placed within 10 feet of the street line. Trees planted
in the public right-of-way must be approved by the Village Public
Works Administrator.
(b)
There shall be no limit to the height of plantings located along
the side or rear lot lines if more than 10 feet from the street line.
(6)
Placement and maintenance.
(a)
Any plantings placed on any lot so that they extend into or
overhang an adjoining lot shall require the prior consent of the adjoining
lot owner.
(b)
All screening devices and plantings shall be maintained in a
sound and safe condition at all times. All fences shall be maintained
upright within three inches of the fence center line and shall be
re-stained and/or re-painted as necessary for the protection of the
fence and to maintain an attractive visual appearance.
(7)
Accessibility. All portions of a lot enclosed by a screening
device shall be made accessible for fire-fighting purposes. Pedestrian
gates not less than three feet in width shall be installed at locations
providing direct access to all enclosed yard areas.
(8)
Nonconforming screening devices. Where a lawful screening device
exists at the effective date of adoption or amendment of these regulations
that could not be constructed under the terms contained herein by
reasons of restrictions in height, visibility characteristics, location
or any other requirement concerning said screening device, such screening
device may be continued so long as it remains otherwise lawful, subject
to the following provisions:
For the purposes of preserving, protecting and enhancing the
lawful nighttime use and enjoyment of residential and nonresidential
properties in the Village of Cazenovia, it is the intent of this section
to establish reasonable standards regarding appropriate lighting systems
and equipment, their installation, and regular maintenance thereof.
It is intended to minimize issues associated with glare and light
trespass while increasing the attractiveness of the Village of Cazenovia
at night. Quality design and systems when combined with regular maintenance
of lighting equipment help to beautify property and neighborhoods;
make intended outdoor nighttime activity possible; aid public safety
and individual security; and control unnecessary glare and light trespass.
To minimize the cumulative effect of multiple properties casting artificial
outdoor light detrimental to the desirable nighttime environment of
neighboring properties, all outdoor lighting shall serve to provide
the minimum illumination over the smallest areas of a site or object
necessary for the average-sighted person to accomplish the activity(ies)
or task(s) for the property's intended legal use. All outdoor lighting
within the Village of Cazenovia installed on or after the effective
date of this section or its amendment, as applicable, shall conform
to the provisions of this section, and all persons and entities who
install, use, alter, repair and/or maintain outdoor lighting within
the Village of Cazenovia shall do so in accordance with the provisions
of this section.
A.
One-family and two-family residential use. Outdoor lighting on a
lot devoted to one-family and two-family dwelling use shall be from
stationary and steady sources, and shall neither create off-site glare,
nor impair visibility, nor otherwise create a hazard to pedestrians
or vehicles, or their safe movement.
B.
All uses other than one-family and two-family uses; lighting plan
requirement. All applications for site plan approval shall include
a site lighting plan prepared and signed by a licensed design professional.
The lighting plan shall include all intended lighting for the project,
including but not limited to pole-mounted lights, canopy lights, wall-mounted
fixtures, architectural lighting and walkway lighting. Existing on-site
lighting as well as pertinent off-site lighting shall be shown on
the drawings. Wall-mounted light locations shall also be shown on
building elevation drawings submitted as part of the application.
Lighting plans shall be submitted at a readable scale appropriate
to the size of the project but in no case at a scale smaller than
one inch equals 40 feet, and shall include, at a minimum, the following:
(1)
Lighting values, in footcandles, shall be plotted on the lighting
drawing in a grid not greater than 25 feet by 25 feet. Footcandle
levels in a vertical plane at the site perimeter shall also be provided.
The footcandle values shall include all fixtures on the site using
a 75% maintenance factor.
(2)
Calculations for lighting on the site shall include maximum
FC, minimum FC, and average FC. Average FC calculation shall be based
only on points within 10 feet of the edge of the area to be lit and
within the property lines. The average light level is determined by
adding the footcandle value of all the points in the grid and dividing
by the total number of points. The maintenance factor used for lighting
calculations shall be stated on the lighting drawings.
(3)
Catalog cuts of the lighting fixtures shall include glare reduction
devices, lamps, lens type, control devices and manufacturer's original
copies of the fixture photometric data. Fixture cuts must include
designation of the fixture as International Dark-Sky Association (IDA)
approved, and as an Illumination Engineering Society of North America
(IESNA) "full cutoff" fixture. Should a substitute for any lighting
fixture approved by the Planning Board be selected, catalog cuts with
complete information for the substitute fixture shall be submitted
to the Planning Board for its approval prior to the ordering and/or
installation of same.
(4)
Lighting plans shall include a description of the timers, dimmers
and/or sensors to reduce overall energy consumption and eliminate
unneeded lighting, along with the proposed hours of operation.
C.
Regulations and permit requirement. All outdoor lighting except one-family and two-family dwellings shall conform to the following requirements. Except for one-family and two-family dwellings, outdoor lighting installations, and/or fixture modifications not otherwise subject to site plan review, shall be instituted only upon the prior issuance of a lighting permit by the Code Enforcement Officer. All such applications shall be accompanied by the information described in Subsection B(3) and (4) above.
(1)
The luminous surface of a luminaire shall, in general, be horizontally
mounted and aimed away from a property boundary so as not to create
glare or trespass.
(2)
A luminaire shall be of a design accepted by the IESNA, as a
fully enclosed, cutoff-style fixture with an integrally designed,
fixed-connector (no swivel) arm for post or wall mounting. Drop-lens
fixtures are not acceptable.
(3)
Lighting designs and installations shall avoid glare and light
trespass to neighboring properties and shall not adversely affect
the character of these areas. The amount of illumination projected
onto an adjoining property shall not exceed 0.1 vertical footcandle
measured at ground level along the property line.
(4)
Power wiring shall be underground and internal to the equipment
and structure.
(5)
The Lighting Handbook of the IESNA shall be used as a guide
for lighting levels except as herein provided.
(6)
Outdoor lighting shall include the use of automatic switching
devices to extinguish or reduce excessive lighting at times when the
need for such lighting diminishes.
D.
Installation and design guidelines.
(1)
Illumination at banks and facilities with an external automated
teller machine (ATM) shall be higher only in the area of the ATM as
required to conform to the New York State Banking Law which requires
10 FC at the face of the ATM as well as an area five feet away from
the unit and two FC at a radius of 50 feet from the unit on all walkable
surfaces where these light levels are measured at a height three feet
above the ground surface. Such higher light levels shall not be achieved
by an increase in light trespass or the creation of glare.
(2)
Illumination at motor vehicle fueling pump islands value shall
not exceed 10.0 FC in the area of the fuel pump islands or under any
related canopy.
(3)
Areas designated as exterior display/sales areas shall be illuminated
so that the average horizontal illuminance at grade is no more than
5.0 FC. Lighting of these areas shall not be used to attract attention
to the business.
(4)
Exterior sports or athletic facilities shall submit a lighting
report and plan prepared by a qualified licensed design professional
which clearly documents the need and design parameters for the level
of lighting desired.
E.
Lighting ratios. The ratio of highest and lowest footcandle levels
on a site shall not exceed 10:1.
F.
Fixture heights.
(1)
Pole-mounted fixtures:
(a)
In no event shall the maximum mounting luminaire fixture height
for pole-mounted lighting exceed a height of 35 feet above the lowest
grade adjacent to the pole.
(b)
Notwithstanding the provisions of Subsection F(1)(a) above, no parking lot fixture mounting height shall exceed the eave height of the principal building associated with the development by more than five feet, except that no fixture shall be mounted less than 15 feet above the lowest grade adjacent to the pole.
(c)
Where any light fixture pole is located within 10 feet of a
property line on a site, the maximum mounting height for all pole-mounted
luminaires on the site shall be 20 feet above the lowest grade adjacent
to the pole.
(2)
Wall-mounted fixtures:
(a)
The maximum mounting height for wall-mounted lighting shall
not exceed 20 feet on all buildings.
(b)
All wall-mounted lighting shall be coordinated with a building's
architecture and site lighting needs and shall in all cases be mounted
below the lowest eave line of any building roof.
(c)
Light fixtures shall not be mounted on building-mounted poles
or supports that extend above said eave line.
(d)
Wall-mounted fixtures intended to light doorways shall be mounted
a maximum of three feet above the door head.
G.
Fixtures.
(1)
Except as otherwise
specifically allowed under this section, all light fixtures shall
meet IESNA criteria for full cutoff fixtures.
(2)
When specifically approved by the Planning Board, non-cutoff
light fixtures not exceeding 4,500 initial lumens may be used as alternates
or supplements to lighting. Decorative lighting fixtures using lamps
3,000 lumens or less are exempt from the cutoff criteria.
(3)
Only fixtures capable of retrofitting with light-directing devices
shall be permitted.
(4)
Wall-mounted fixtures shall have a housing and lens configuration
that prevents direct view of the lamp through the lens. The fixture
housing shall cut off the light beam so that it projects not more
than 75° up from vertical.
(5)
The use of neon lighting is prohibited except as a light source
for internally lit signs.
H.
Mounting.
(1)
Wherever possible, light fixtures shall face inward from the
perimeter of a property and shall face toward the structure.
(2)
Fixtures used for architectural lighting, e.g., facade, fountain,
feature and landscape lighting, shall be aimed so as not to project
their output beyond the objects intended to be illuminated.
(3)
Canopy light fixtures shall have a flat lens, and the fixture
shall be flush-mounted with the soffit surface or recessed within
the soffit surface. Where soffit lights may cause glare, the lowering
of the edge of the canopy to further shield the canopy lights shall
be required.
(4)
Flood or spot lights shall be so installed or aimed that they
do not project their output into the window of a neighboring property,
an adjacent use, directly skyward or onto a roadway.
(5)
Lighting at service stations or convenience stores shall not
be mounted on the top or fascia of the pump island canopy.
I.
Site light bases.
(1)
Wherever possible, site light poles shall be located behind
curbing and/or in landscape or grass areas. Site light bases in such
areas shall have an exposed base surface of three inches or less and
shall be placed not less than three feet from the protected edge,
edge of paving or within a curbed island.
(2)
Site light bases located in paved areas may have up to 30 inches
of concrete exposed.
(3)
Site light bases shall be poured concrete using Kellamy 610R
forms manufactured by ArtFORMS with silver metallic bands on the exposed
upper and lower accent bands or equals approved by the Planning Board.
J.
Exemptions. The following applications of outdoor lighting are hereby
exempt from the provisions of this section:
(1)
Hazard warning and emergency lighting by a governmental entity;
(2)
Federal Aviation Administration (FAA) lighting requirements;
(3)
Lighting required by any law or regulation superseding the requirements
of this section;
(4)
Temporary holiday lighting;
(5)
Illumination of American flags in accordance with the United
States Flag Code.
K.
Nonconforming lighting. Outdoor lighting which has been subject to
Planning Board review and approval and is in conformance with said
approval prior to the enactment or subsequent amendment of this section,
as applicable, shall be deemed to be conforming lighting and shall
not be subject to this section, except that any and all alterations
of such lighting shall be subject to the provisions of this section.
L.
Other lighting. Other lighting applications and uses not explicitly
addressed herein shall be deemed within the requirements of this section,
including but not limited to such applications as sign, architectural,
landscaping, and sports facility lighting.
M.
Prohibitions. Flashing or moving lights, whether associated with
a sign or otherwise, are prohibited along with general area lighting,
floodlighting or spotlights which produce excess glare or light trespass.
All lights and associated equipment not specifically permitted in
this section are prohibited.
N.
Appeals. The Zoning Board of Appeals shall hear appeals for exceptions
and interpretations to this section as may be necessary.
O.
Relationship to other laws. In cases of conflict between the provisions
of this section and other provisions of this chapter, the more restrictive
provision shall govern.
P.
FIXTURE HEIGHT
FIXTURES, FULL CUTOFF
FLOODLIGHTS
FOOTCANDLE, AVERAGE
FOOTCANDLE (FC)
FOOTCANDLE, MAXIMUM
FOOTCANDLE, MINIMUM
GLARE
LUMEN
LUMINANCE
MAINTENANCE FACTOR
MINIMUM RECOMMENDED LIGHTING VALUE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
An exposed lamp fixture designed to light a scene or object
to a luminance greater than its surroundings.
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.
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. (In this section, all uses of
the term footcandles are calculated using the maintenance factor noted
below).
The maximum lighting level in footcandles allowed on an area
to be illuminated. The maximum footcandle value is determined using
a 75% maintenance factor.
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.
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.
A measure of light energy generated by a light source.
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.
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%.
The lowest acceptable lighting level, in footcandles, consistent
with the seeing of a task for which lighting is necessary.
A.
Applicability.
(1)
For every building hereafter erected, altered, expanded or changed
in use, there shall be provided off-street parking and loading spaces
as required herein. On lots with multiple principal uses, off-street
parking requirements shall be calculated based upon the total required
for all such uses.
(2)
No existing use or structure that includes off-street parking
and/or loading spaces that are in conformance with these requirements
on the date of enactment of these regulations, or the amendment thereof,
may subsequently reduce the amount of parking below these requirements.
(3)
Existing uses or structures not conforming to the parking or
loading space schedule may continue; provided, however, that any modification
or expansion of the existing use or structure, or any change in use
shall require increases in off-street parking and loading spaces corresponding
to any increases in floor area, employees, customers or other standards
used to determine parking requirements.
(4)
Any off-site parking spaces associated with an existing use
may not be automatically transferred to a new use unless approved
pursuant to requirements for off-site parking.
(5)
Any use not listed in the schedule below shall have the same
parking ratio as the most closely similar use in the schedule as determined
by the Planning Board.
(6)
These off-street parking and loading requirements shall not
apply to those lots and uses within the B-1 General Business District
that are also located in the Historic Preservation Overlay District,
except as required for special permit uses.
B.
Off-street parking schedule. Unless otherwise indicated all stated
requirements shall be interpreted as minimum requirements.
(1)
Residential uses:
(a)
One-family and two-family dwelling: at least one space and no
more than four spaces for each dwelling.
(b)
Multifamily dwelling: at least 1 1/2 parking spaces for
each dwelling.
(c)
Group residence: one space for each resident employee plus one
space for each two residents.
(d)
Home occupation and bed-and-breakfast: as determined and required
by the Planning Board as part of special permit review for such uses,
taking into account the number of patrons reasonably anticipated by
the proprietor and the availability of on-street parking.
(2)
Nonresidential uses:
(a)
Motel/hotel: one space for each employee, plus one space for
each guest room.
(b)
Religious facility, community center and other place of public
assembly: one space for each four seats provided in a place of worship,
community center, theater, auditorium, club, stadium, library, museum,
fraternal or other lodge, or similar place of public assembly. Where
the facility does not provide seating, one space for each 100 square
feet of floor area. The Planning Board shall have the authority to
approve a fewer number of on-site spaces if it is demonstrated that
other off-street spaces and/or on-street spaces are available during
periods of peak activity.
(c)
School, public and private: one space for each employee in the
school during average peak weekday activity, and, in addition, one
space for each six students of driving age in high schools.
(d)
Post-secondary educational institution.
[1]
One space for each full-time employee during average peak weekday
activity in classroom, laboratory, studio, research, administration,
maintenance, student service, recreational, athletic, cultural other
typical uses and facilities at the institution; and
[2]
One space for each two students during average peak weekday
activity in such uses and facilities are sufficiently isolated in
distance from the institution's main campus(es) so that students are
likely to drive to such facilities.
[3]
One space for every three enrolled students, with the total
number of students being determined on a full-time equivalent student
basis for all students enrolled in on-campus classes.
(e)
Hospital and related uses: one space for each full-time employee
at peak shift plus one space for each two beds.
(f)
Day-care facility: one space for each employee plus one space
for each three children or elderly persons to be accommodated at typical
peak activity. The Planning Board shall have the authority to approve
a fewer number of on-site spaces if it is demonstrated that other
off-street spaces and/or on-street spaces are available during periods
of peak activity.
(g)
Office: one space for each employee at peak shift plus one space
for each 200 square feet of office floor area accessible to customers
or clients.
(h)
Retail business: one space for each motor vehicle used directly
in the business, plus one space for each employee at peak shift, plus
one space for each 120 square feet of business floor area accessible
to customers.
(i)
Restaurant and tavern: one space for each full-time employee
plus one space for each 100 square feet of floor area devoted to customer
eating and drinking space.
(j)
All other businesses: one space for each motor vehicle used
directly in the business plus either one space for each 300 feet of
floor area or one space for each employee at peak shift, whichever
is greater.
(k)
Outdoor recreation: as required by the Planning Board, based
on consideration of the type and level of proposed use and activity
and the ages and geographic origins of persons to be served.
(l)
Owner-occupied transient occupancy lodging: One space for each
vehicle used by the owner occupants of the premises plus a minimum
of one space for transient occupants. Additional spaces may be required
by the Planning Board based on the site characteristics and maximum
number of persons permitted to occupy the dwelling unit per the terms
of the special permit issued by the Planning Board.
[Added 8-6-2018 by L.L.
No. 6-2018]
(m)
Non-owner-occupied transient occupancy lodging: A minimum of
one space for transient occupants. Additional spaces may be required
by the Planning Board based on the site characteristics and maximum
number of persons permitted to occupy the dwelling unit per the terms
of the special permit issued by the Planning Board.
[Added 8-6-2018 by L.L.
No. 6-2018]
(3)
In calculating the above parking space requirements, any fractional
results shall be rounded up to the next whole number.
C.
Parking area design standards.
(1)
One-family and two-family dwellings:
(a)
One-family and two-family dwellings are exempt from screening
and buffering requirements applicable to parking areas.
(b)
Vehicles permitted to be stored outdoors must be on an established
driveway or in the rear yard (and not in any portion of the required
side yard).
(c)
No more than 20% of a lot may be paved with impervious material
for the parking of vehicles.
(d)
No parking shall be permitted between the street curb, or the
edge of pavement on streets without curbs, and the principal building
of any residential use other than a multifamily dwelling, except within
the principal driveway serving the lot.
(e)
All required parking spaces shall be located on the same lot
as the use which they are intended to serve.
(2)
Multifamily dwellings and nonresidential uses:
(a)
Exemption. Parking facilities existing on the date of enactment
of these regulations shall be exempt from compliance with these design
standards unless a change in use occurs.
(b)
Access and layout. Curb cut, driveway and parking areas shall
be designed so that all vehicle movements to and from the street may
be made in a forward direction. The layout of the parking area shall
permit entering and exiting without moving any vehicles parked in
other spaces.
(c)
Entrances and exits. The location, number and widths of curb
cuts providing access to and from a street may be specified by the
Planning Board, absent control by another agency having jurisdiction.
Wherever possible, curb cuts shall not be located closer than 20 feet
from any other curb cut within the lot or on any adjoining lot.
(d)
Driveways. Each driveway leading from a curb cut to a parking
area shall have a suitable stacking area for the use, and the paved
area, exclusive of parking spaces, shall be a minimum of 10 feet in
width for one-way traffic and 20 feet in width for two-way traffic
up to a maximum of 24 feet unless required to be wider or narrower
by another agency having jurisdiction.
(e)
Location of parking.
[1]
Parking spaces shall not be located between the street curb, or the edge of pavement on streets without curbs, and the front building line or in required buffer areas. In the VES-MU, B-1 and WG Districts, parking spaces shall not be located between the street curb, or the edge of pavement on streets without curbs, and the principal building on the lot. Parking areas adjoining a residential district shall not be closer than 50 feet to the residential lot lines. This required distance may be reduced by up to 50% by the Planning Board where warranted by site conditions, provided that proposed screening of the parking area from residential uses is in accordance with the provisions of §§ 180-109 and 180-110 of this chapter.
[Amended 2-3-2014 by L.L. No. 1-2014; 9-3-2014 by L.L. No.
5-2014]
[2]
All required parking spaces shall be located on the same lot
as the use which they are intended to serve except as provided below.
[3]
Off-site parking. Subject to a special permit, the Planning
Board may allow parking requirements for a use to be met on other
lots located within 400 feet of the use, provided that:
[a]
The off-site parking is located within the same
or a less restrictive zoning district as the use or structure it is
to serve, and the use of the off-site lot for parking is compatible
with and not detrimental to surrounding uses.
[b]
The occupant of the use owns the off-site parking
lot or has irrevocable long-term lease or other rights sufficient
to guarantee continued availability of the parking.
[c]
A safe and convenient means of pedestrian access
is available to and from the use. The Planning Board shall consider
adequacy of pedestrian facilities and routes, including number of
necessary street crossings and driveways.
[d]
The off-site parking spaces shall be designated
parking spaces laid out in accordance with the provisions of this
chapter and approved by the Planning Board.
[Added 9-3-2014 by L.L. No. 5-2014]
[4]
Shared parking. Subject to issuance of a special permit, the
Planning Board may allow required off-street parking for more than
one nonresidential use in any district to be shared within the same
parking area in the district, provided that:
[a]
The total number of parking spaces required for
all uses sharing such parking is provided; or a reduced total number
of spaces may be permitted where it is clearly documented.
[b]
The actual or anticipated patterns and hours of
peak parking use and demand associated with each use sharing the parking
will not substantially conflict and coincide.
[c]
Each use has irrevocable long-term rights in the
parking area sufficient to guarantee continued availability of the
parking.
[d]
Each use is provided with a safe and convenient
means of pedestrian access to and from the parking as considered above
for off-site parking.
[5]
Other findings necessary for off-site or shared parking. In
addition to the criteria listed above, it must be shown that provision
of the full amount of required parking on site is not practical because
of inadequate lot area, interference with the optimum development
of the site by encroachment on yards or elimination or reduction of
buffers, creation of poor internal circulation or excessive drainage
to adjoining lots, or other undesirable site development conditions.
[6]
Transfer of off-site or shared parking rights because of changes
in use shall require site plan review by the Planning Board.
(f)
Landscaping and snow storage:
[1]
Front yard buffer. A landscaped buffer shall be provided between
a parking area and a street line. Trees and shrubs planted within
the buffer shall be designed to effectively screen the parking area
but shall not impair or obscure sight distance for vehicular movements
to and from the parking area and for pedestrian movements along the
street.
[2]
Screening (fencing). Where a parking area adjoins the side or rear lot line of a residential use or a residential district, the parking area shall be effectively screened with an opaque fence combined with a vegetative screen in accordance with the provisions of §§ 180-109 and 180-110 of this chapter.
[3]
Snow storage. Each parking area shall provide for a system of
snow removal and have sufficient on-site area for snow storage. Buffer
areas may be used to store snow if there will be no detrimental effect
on the vegetation within the buffer area. Snow may not be deposited
in the front yard or in a street right-of-way so that such snow impairs
sight distance for vehicles or pedestrians.
[4]
Adjacent parking areas. Upon application by adjoining nonresidential
lot owners, the Planning Board may reduce or eliminate a required
side or rear yard buffer to connect adjacent parking areas; provided,
however, that such connection shall not be detrimental to the internal
circulation of either parking area and that adequate provision for
snow storage is provided.
(g)
Surfacing. All off-street parking areas and driveways shall
be surfaced with an all-weather, dustless material and striped to
delineate parking spaces. Curbs or wheel stops shall be provided where
necessary to guard against possible movements of vehicles which may
be hazardous to other vehicular traffic or pedestrians, or which may
damage other property.
(h)
Lighting. Parking area lighting shall be installed subject to other requirements of these regulations, specifically including the provisions of § 180-112 of this chapter. Hours of illumination may be specified by the Planning Board.
(i)
Direction signage shall be installed as may be required and
approved by the Planning Board.
(3)
Permit required. No driveway or parking area shall be installed,
enlarged or resurfaced prior to the issuance of a permit by the Zoning
Enforcement Officer.
D.
Modification of requirements. In its site plan review, the Planning
Board may require additional off-street parking for any use if it
is found that the above off-street parking space requirements shall
not be sufficient for the parking demand expected to be generated
by the use, to the extent that such lack of off-street parking will
cause on-street parking problems, traffic congestion, public safety
problems or will otherwise be contrary to the purposes of these regulations.
The Planning Board may permit a fewer number of off-street parking
spaces than otherwise required under this chapter (but not less than
50% of the otherwise required spaces) if it determines that the number
of spaces required under this chapter is excessive, and provided that
the approved site plan includes designated area(s) for the installation
of additional on-site parking spaces to provide the number of spaces
required by this chapter should the intensity of the use change, or
if the Planning Board determines that the number of spaces as originally
constructed is insufficient.
E.
Off-street loading facilities.
(1)
Loading schedule. All commercial and institutional buildings
shall provide off-street space for loading and unloading of trucks
and other delivery vehicles as set forth below. In calculating the
required number of spaces, all fractional results shall be rounded
to the nearest whole number.
(a)
Manufacturing and warehouse/service uses: one off-street loading
space for every 7,500 square feet of floor area, except that no more
than three such spaces shall be required for any single use.
(b)
All other business uses:
(c)
Institutional uses: each school, church, post-secondary educational
institution and other institutional use and each building which is
part of such use shall provide at least one off-street loading space.
A need for more spaces may be determined by the Planning Board based
on the type and size of use compared to commercial uses identified
above. The Planning Board may modify these requirements where an existing
residential or other building is converted to institutional use, provided
that adequate provision shall be made for driveway or on-street loading
without adversely affecting vehicular or pedestrian traffic and adjoining
residential uses.
(2)
Loading space dimensions. Each loading space shall be 12 feet
in width by 40 feet in length with a clear height of 14 feet, unless
otherwise specified by the Planning Board based on the type and size
of delivery vehicles anticipated.
(3)
Location. All loading spaces shall be located in the side or
rear yard portions of a lot and may not encroach on any buffer area
or require the use of such area for maneuvering.
(4)
On-street loading. The Planning Board may allow a loading space
to be established within the public right-of-way, provided that it
is found that the provision of an on-site loading space is not practical
and interferes with optimum development of the site or parking areas;
and, further, the use of the on-street loading space is limited to
hours of low parking demand or is located in space identified by the
Village of Cazenovia as a designated loading zone.
A.
Permit required for accessory buildings and structures. All accessory
buildings and other structures, including but not limited to fences,
walls, swimming pools, signs, decks, antennas, play equipment, barbecue
structures, flagpoles and recreational courts, shall require a building
permit, except that a permit may be issued by the Zoning Enforcement
Officer without Planning Board review where such structure fully conforms
with these regulations in the opinion of the Zoning Enforcement Officer.
B.
Accessory buildings in residential districts:
(1)
One detached garage and one accessory storage shed or similar
accessory building may be erected on a residential lot, except that,
on a lakefront lot, an accessory boathouse shall also be permitted.
(2)
A boathouse shall not be more than 10 feet in height above the
high water mark, nor more than 12 feet in width. Any deck attached
to a boathouse shall not be enclosed except for a protective railing
and shall not be roofed, except that a canvas canopy or awning shall
be permitted. The floor elevation of a deck shall be located above
the high water mark.
(3)
If the topography of a residential lot is such that the slope
of the land exceeds 15% and access to a garage constructed at the
front building line as required by these regulations is, in the opinion
of the Planning Board, impracticable, the Board may approve such a
garage not exceeding 10 feet in height within the front yard but not
closer to any lot line than 18 feet.
A.
Permit. Swimming pools and hot tubs are permitted as an accessory
structure in any zoning district subject to applicable yard requirements
of the district and to the requirements set forth herein. A building
permit is required for swimming pools and hot tubs subject to the
requirements of the New York State Uniform Fire Prevention, Building
and/or Electrical Codes. Aboveground swimming pools are not permitted
in any district.
B.
Application. The application for a building permit for any in-ground
pool or hot tub, or any aboveground pool or hot tub more than two
feet deep shall be accompanied by an application for site plan approval
of the lot showing lines, limits and elevations of the pool and hot
tub in relation to lot lines and existing or proposed buildings. Location
of water, electric, gas, sewer and other utility lines shall also
be indicated. The application shall identify the method and manner
of drainage of pool or hot tub wastewater.
C.
Fences. Every swimming pool and hot tub subject to the requirements
of the New York State Uniform Fire Prevention, Building and/or Electrical
Codes shall be completely enclosed by walls, fences or similar structure
meeting the requirements of such state codes.
D.
Deck or walk border. A deck, border or patio at least four feet in
width shall be provided between the edges of an in-ground pool and
the enclosure.
E.
Lot coverage. Any part of a pool or hot tub, more than two feet above
average surrounding grade, and any border surrounding same, shall
be included as a structure in the calculation of lot coverage.
A.
Antennas:
(1)
Non-dish-type and dish-type antennas greater than two feet in
diameter are prohibited in all residential districts.
(2)
One non-dish-type or one dish antenna shall be permitted as
an accessory structure on any lot in a residential district, subject
to the following requirements:
(a)
If affixed to a building:
[1]
The antenna shall not exceed two feet in diameter, nor 15 feet
above the highest point of the roof of the building to which it is
affixed.
[2]
The antenna shall be affixed to a lawfully existing building
upon the lot and shall be screened from view from any public right-of-way
to the extent practicable. In no event, however, shall any type of
antenna be affixed to the front face of the principal residential
structure except in cases where the applicant is able to demonstrate
with competent technical evidence that that is the only location on
the lot where a satellite or other necessary electromagnetic signal
may be received.
(b)
If the antenna is not affixed to a building (i.e., freestanding),
the following restrictions shall apply:
[1]
The antenna shall not be located in the front yard, nor in any
required buffer area, and shall be located at least 10 feet from any
lot line.
[2]
The antenna and the structure on which it is mounted shall not
exceed two feet in diameter, nor 35 feet above grade at its highest
point.
[3]
The antenna and the structure on which it is mounted shall be
screened from view from adjoining lots and districts.
[4]
Site plan approval is required prior to the issuance of a building
permit for the erection of a freestanding antenna.
B.
Alternative energy devices.
(1)
The installation of alternative energy devices (including, but
not necessarily limited to solar- and wind-powered electricity-generating
devices) is permitted only upon the prior grant of site plan approval
and architectural approval by the Planning Board.
(3)
All alternative energy devices shall be screened from off-site
view to the maximum extent practicable.
(4)
Alternative energy devices shall be permitted within the Historic Preservation Overlay District only to the extent that the Planning Board finds that such equipment may be installed in accordance with the criteria for the issuance of a certificate of compatibility under Article III of this chapter.
A.
Application of regulations.
(1)
These regulations shall apply to all signs erected after the
effective date of these regulations and to all existing signs as outlined
below. It is the intent of these regulations to balance the community's
desire to maintain the historic character of the Village with the
need for businesses to sufficiently identify themselves to the public
in order to maintain a healthy business climate within the Village.
Except as herein provided, no sign shall be erected, maintained, altered
or replaced except in conformity with these regulations.
(2)
Permitted signs.
(a)
Unless explicitly permitted, a sign shall be considered to be
prohibited. Signs permitted within the Village of Cazenovia shall
include the following:
[1]
Signs which conform to these regulations.
[2]
Legal nonconforming signs which do not conform to these regulations
but which were installed in accordance with a building permit or other
written approval by the Village approving such signs subsequent to
the enactment of the 1968 Village of Cazenovia Zoning Ordinance.
[3]
Legal nonconforming signs which do not conform to these regulations
but which were installed prior to enactment of the 1968 Village of
Cazenovia Zoning Ordinance and which have not been substantially altered
since except upon written approval by the Village.
(3)
Exemptions. Subject to such limitations as may be hereinafter
set forth in this subsection, these regulations shall not apply to
signs established pursuant to governmental authority or used for the
identification of buildings and facilities owned by governmental entities
or utilized for governmental/public purposes, such as, but not necessarily
limited to, polling sites and athletic fields, nor to activities sponsored
by a governmental authority or of an official character, such as traffic
regulation devices authorized by the Vehicle and Traffic Law of the
State of New York, civil defense warning signs, railroad crossing
designations, bus stop signs, and any other sign authorized and required
under local, state or federal law or which contains information required
and designed for the protection and safety of the general public,
such as danger areas, work areas, parking areas, utility installation
warnings, safety warning devices and similar notices. An historic
sign, as defined herein, may remain and may be reconstructed or replaced
to match the original sign without regard to these regulations, provided
that the sign is maintained in structurally sound condition. Ground
signs identifying buildings and facilities utilized for governmental/public
purposes but not owned by governmental entities shall be limited to
an area of no more than 24 square feet per sign face, and shall not
exceed five feet in height measured from ground level.
[Amended 1-2-2018 by L.L.
No. 1-2018]
B.
ADDRESS SIGN
AWNING SIGN
BANNER
BILLBOARD
BUILDING FACE
BUSINESS IDENTIFICATION SIGN
BUSINESS SIGN
COPY CHANGE SIGN
DIRECTIONAL SIGN
DIRECTORY SIGN
GROUND SIGN
HISTORIC SIGN
HOME OCCUPATION SIGN
MONUMENT SIGN
NEON SIGN
PROJECTING SIGN
ROOF SIGN
SHOPPING/BUSINESS CENTER SIGN
SIGN
SIGN AREA
WALL SIGN
WINDOW DISPLAY
WINDOW SIGN
Definitions. Various terms or words in these regulations shall be
interpreted and defined as follows:
A sign containing only the name of an occupant and/or street
number or other address identification.
Any lettering or graphic display located on the front or
side of any awning or canopy projecting from a building facade.
A strip of cloth, paper, plastic or other similar nonrigid
material imprinted with words, pictures, and/or designs for decoration
or advertising.
Any sign that advertises a business, services or products
conducted, provided, offered or sold on a lot other than the lot on
which the sign is located.
An exterior building surface area uninterrupted by corners,
which shall include all visible aboveground portions of the wall,
including the foundation and windows comprising that particular exterior
surface of the building, but which shall exclude all roof areas of
the building, and shall also exclude all exterior surface areas extending
more than two feet above the highest portion of the interior space
of the building which is permitted for human occupancy under the New
York State Building Code. In general, all buildings will have four
building faces.
An on-premises sign that principally serves to identify the
name of the business or other nonresidential use being conducted in
the building and/or on the premises with which the sign is associated
and which contains no other advertisements.
A sign which directs attention to a business, service or
product or other commodity conducted, provided, offered or sold on
the lot on which such sign is located.
A sign on which the visual advertising message may be electronically
preprogrammed to change on a regular or intermittent basis without
action or intervention by a human operator.
An on-premises sign for the safety of the general public,
identifying direction of traffic flow, parking areas, fire zones,
entrances and exits, not exceeding two square feet per face and mounted
not more than four feet above grade. Institution names and logos shall
be allowed, excluding all other advertising messages.
A wall sign which is secondary or accessory to any other
sign(s) and which consolidates identification of all uses within a
building in a simple word list format.
A sign which is not attached to any building and which is
supported solely by one or more poles, uprights, braces or other structural
elements in or on the ground.
Any sign attached to or part of a contributing building in
an historic district which may reasonably be considered to be part
of the contributing historic or architectural use, character or value
of the building.
A sign attached to a residence indicating the identity and/or
nature of a home occupation being conducted within the residence in
accordance with applicable provisions and requirements of this Code.
A style of ground sign constructed as, or giving the appearance
of, a solid structure, which appears to the observer as a continuous,
unbroken mass from the ground up, not more than five feet in height,
which may display one face, or two parallel sign faces; sometimes
referred to as a "pedestal sign."
A sign manufactured with tubing visible to the viewer which
contains neon or other inert gas which produces light of various colors
when electrified.
Any sign that projects from the exterior of any building,
structure or post more than six inches horizontally. This term shall
exclude signs on awnings, canopies and marquees.
Any signs, any portion of which is either situated above
the upper edge of any building wall or parapet or erected or painted
on or above the roof covering any portion of a building, including
signs supported on the roof or on an independent structural frame
or located on any roof structure, including but not limited to a penthouse,
stairwell or elevator housing, roof shed or mechanical equipment.
A ground sign identifying any building or group of buildings
containing more than two retail stores or other business or other
commercial enterprises on one lot, or through coordinated development
on two or more adjoining lots, exclusive of permitted individual business
identification signs. A shopping/business center sign, in addition
to identifying the commercial center or building, may also identify
individual businesses or tenants within the center or building. No
other advertising messages may be included on a shopping/business
center sign. A shopping/business center sign may not be internally
illuminated.
Any representation placed to identify, advertise or promote
the interests of any person, business or other entity on a building
or structure or elsewhere on a lot in view of the general public.
"Representation" shall include any lettered, pictorial or graphic
matter, including letters, words, symbols, logos, colors, emblems
and insignias, and any background panel, frame, structure, or other
material or part thereof which displays such representation. This
term shall include all signs.
The surface area of a sign measured and calculated within
a single continuous perimeter line enclosing the extreme limits of
the sign representation, including background panel or other material
forming an integral part of the display or used to differentiate such
sign from the background against which it is placed, excluding any
supports or uprights on which such sign may be placed. Signs with
two or more faces designed to be viewed from more than one direction
such as double-faced, V and sandwich-type signs, shall be considered
to have only one face for purposes of calculating the sign area.
Any sign which is attached and parallel to an exterior wall
of a building or structure or part thereof, projecting not more than
six inches therefrom. This term shall not include a window sign or
projecting sign.
A display of items of merchandise or services for sale within
the building which is visible through the window from the street,
and which may include incidental brand and price information associated
with the specific merchandise displayed.
A sign painted or affixed on the interior or exterior glass
surface of a window of a business establishment, or otherwise visible
through a window from a public street, stating the name of the business
establishment, advertising goods or services for sale within the premises,
and/or hours of operation, credit cards accepted and/or business contact
information for the business located within the building, but not
including a window display. Neon signs shall be permitted as window
signs only where such sign(s) are compatible with the building's use,
architecture and neighborhood character, and shall be illuminated
only when the establishment displaying the neon sign is open for business.
No window sign shall contain blinking, flashing, intermittent, rotating
or moving lights. For restaurants and taverns only, an exterior menu
display shall be considered a window sign comprising a portion of
the allowable window sign area, whether affixed to the window or contained
in a separate glass display case.
C.
General prohibitions. Except as otherwise expressly permitted in
this section, the following prohibitions shall apply to all signs
in all zoning districts.
(1)
Hazards to public safety. Signs which, by their location, use,
design simulation of shapes or colors, or other characteristics, tend
to confuse, detract from or in any other way obstruct sight distance
or the utilization of traffic regulatory devices are prohibited. Signs
shall not be located in such a manner as to restrict visions or impair
vehicular or pedestrian safety.
(2)
Obstructions. No sign shall obstruct by physical or visual means
any fire escape, window, door or any opening providing ingress or
egress designed for fire or safety equipment, any passageway from
one part of a structure or roof to another portion thereof or any
opening required for ventilation or which is required to remain unobstructed
by any applicable law.
(3)
Neon signs. Neon signs shall be prohibited in all districts,
except that neon window signs shall be permitted in the B-1 District.
In the B-1 District, neon signs may be placed only in street level
windows, no more than one neon sign shall be placed in a single window,
and no more than two neon signs are permitted for any single business
establishment. No neon sign shall be larger than 3.5 square feet.
All neon signs shall be in accordance with all other applicable provisions
of this section and may be lit only during such hours as the business
establishment is open for business.
(4)
Illumination. Any illuminated sign or lighting device shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights and shall otherwise be in compliance with § 180-112 of this chapter. Internally lit signs are permitted for use only as individual, building-mounted, business identification signs in the VEN District only, and are prohibited for all other purposes and in all other districts, except that neon signs are permitted as window signs in the B-1 District. In no event shall an illuminated sign or lighting device associated therewith be so placed or so directed as to cause any glare or distraction to motorists upon a public street, or to permit the illumination therefrom to exceed 0.1 vertical footcandle measured at ground level along any boundary line of the premises upon which the sign is located.
(5)
Projections. No part of a sign shall project over any public
street or other right-of-way except where a building is located directly
on a right-of-way or as otherwise permitted upon site plan review
by the Planning Board. No part of a sign shall project over any sidewalk
or pedestrian right-of-way at an elevation of less than eight feet
above the walking surface, nor over any vehicular right-of-way at
an elevation of less than 14 feet above the pavement elevation.
(6)
Public property. Except as otherwise permitted upon approval
of the Board of Trustees, no sign shall be placed or erected on any
public property.
(7)
Billboards, roof signs, moving, fluttering, spinning or revolving
signs, streamers and pennants, other than flags specifically permitted
under these regulations, shall constitute prohibited signs in all
districts.
(8)
No advertising message shall be extended over more than one
sign placed along a street or highway.
(9)
Copy change signs are prohibited except as specifically provided in Subsection F of this section.
[Amended 5-7-2018 by L.L.
No. 5-2018]
(10)
No sign shall be placed or attached to, or in any manner connected
to, any tree, or any lamppost, utility pole or road sign owned by
a public utility or governmental entity except as expressly permitted
by such public utility or governmental entity.
(11)
Any advertising display upon any vehicle located on the property
and visible from a public right-of-way shall be regarded as a sign
subject to this section unless the vehicle is licensed, operable and
regularly used in the normal course of business.
(12)
No sign shall be painted upon or otherwise affixed to any rock,
ledge or other geologic feature naturally present upon the premises.
(13)
In addition to the name of the business enterprise and physical
street address of the property or building, no business identification
sign shall contain any advertising message except the telephone number
or the electronic mail or website address of the business located
upon the premises.
(14)
Sign heights. No sign shall be installed or maintained on the
face of a building so that any portion of the sign extends above the
base of the roofline or above the first story of a multistory building,
and in no case shall any building-mounted sign extend more than 20
feet above the ground, measured to the top of the sign. Except as
otherwise expressly permitted in this section, no ground sign shall
extend more than eight feet above the ground, measured to the top
of the sign.
(15)
Except as otherwise expressly permitted in this section, all
ground signs shall be at least 10 feet from the street line (front
lot line) and the side lot lines.
(16)
Projecting signs may be permitted for nonresidential use only;
such a sign shall not exceed 10 square feet in sign area or four feet
in length, width or height. The sign and its supports shall not extend
more than four feet from the building.
D.
Signs allowed without a permit. The following signs are permitted
in any district without a sign permit or site plan approval, provided
such signs comply with the general requirements of this section and
any other applicable requirements of this chapter and all other applicable
regulations.
(1)
Customary holiday decorations, which may include, but are not
necessarily limited to, flags, banners and lighting associated with
the holiday by the property owner.
(2)
Flags and insignia of the governments of the United States of
America, the State of New York, the County of Madison, the Village
of Cazenovia, or any of their agencies or instrumentalities, except
when displayed in connection with any business or commercial promotion.
(3)
Nonilluminated "warning," "private drive," "posted" or "no trespassing,"
"no smoking," "no parking," "parking in rear" and security system
signs, not exceeding one square foot per face.
(4)
Nameplates identifying residents, present or past, or historic
features of the premises, or memorial plaques mounted on the principal
structure, or, if a ground sign, not more than one foot off the ground,
not exceeding one square foot in area.
(5)
One prominently displayed building address sign that is visible
to pedestrian and vehicular traffic which is four inches in height
with a one-half-inch stroke, or such other minimum dimensions as may
be required under the New York State Fire Code.
(6)
Required handicapped parking space signs.
(7)
Nonilluminated temporary signs, as follows:
(a)
One ground or wall sign advertising the sale, lease or rental
of the premises upon which the sign is located, not to exceed five
square feet for one- and two-family residences, and 20 square feet
for all other properties, provided that all ground signs shall be
located at least five feet inside the sidewalk, or five feet inside
the street line if there is no sidewalk, or, in the event the principal
structure is less than 10 feet from the street line, not less than
1/2 the distance between the street line and the principal structure.
One additional ground sign, not to exceed two square feet, may be
placed, with the consent of the owner of the property, upon private
property located at the nearest street intersection to the one- or
two-family residence being sold, with an arrow and the words "House
For Sale" to direct the public to the one- or two-family residence
for sale. All such signs shall be removed within one day after the
sale of the premises has been consummated, also known as the closing
date.
(b)
Signs announcing a real estate open house, auction, a garage
or estate sale, or other temporary business activity to be erected
or placed on the lot where such event will take place and/or at not
more than two public street intersections selected by the party conducting
the event, each such sign not to exceed four square feet in area.
All such signs shall be located on private property with the permission
of the property owner. Such signs shall be erected on the day the
event is to be held and shall be removed immediately upon the conclusion
of the event on the same day.
(c)
Signs, not exceeding 32 square feet in area, which are designated
exclusively to inform the general public of a political campaign on
behalf of a particular individual candidate or candidates. Such signs
shall not be erected more than 45 days prior to the election, and
shall be removed within one day after the election. Signs may not
be placed on Village property.
(d)
Signs, including banners, not exceeding eight square feet in
area, which are designated exclusively to inform the general public
of a fund-raising campaign, social event, civic undertaking, annual
festivity, or related activity of a temporary nature sponsored by
a nonprofit organization or governmental unit. Such signs shall not
be erected more than 14 days prior to the event advertised, and shall
be removed within one day after the conclusion of the event. No sign
may be placed on Village property except by permission of the Board
of Trustees, for the type, size and location of the sign and for the
duration that the sign may be displayed.
(e)
In B-1, B-2 C-1 and C-2 Districts, each business/office establishment
may display, without a sign permit, a single "OPEN" flag not exceeding
12 square feet in area. Such flags shall be mounted on the front of
the business establishment near the customer entrance, and may be
displayed only during hours that the establishment is open to business
from the public.
(f)
In B-1, B-2, R-20, VEN, VES-MU, C-1 and C-2 Districts, each
business/office establishment having a customer entrance directly
from the front of the business to the public sidewalk or street (which
shall be deemed to include sites where lawn, landscaped and/or parking
areas between the customer entrance and the street or sidewalk are
owned by, or exclusively leased to, the business proprietor) may display,
without a sign permit, a single portable sidewalk business sign. Sidewalk
business signs must meet the following requirements:
[Amended 2-3-2014 by L.L. No. 1-2014]
[1]
The sign must be nonilluminated, shall not exceed eight square
feet, with maximum width not to exceed two feet.
[2]
Only one sign is allowed per business establishment.
[3]
The sign must be located on the sidewalk immediately in front
of or immediately on the side of the business establishment that it
advertises. If there is a parking lot between the front facade of
the business and the street which is intended solely for the use of
the patrons and employees of the establishment being advertised, then
in such event, and only in such event, the sign may be located within
such parking lot. In no event shall the sign be located within any
public or private street or drive aisle, in any location that obstructs
or hinders vehicular or pedestrian traffic or safety or upon any grass
or landscaped areas.
[4]
Sign colors must match or complement the colors of the advertising
business establishment.
[5]
The sign is to only be displayed during hours that the business
establishment is open, and shall be stored indoors at all times when
the business is closed.
[6]
The sign shall not be located in such a manner as to restrict
vision or impair vehicular or pedestrian safety, nor in such a manner
as to restrict access to, or repair or maintenance of, public streets
or sidewalks.
(g)
Banners or other temporary signs announcing a special business
event that occurs on the premises not more than once per calendar
year, such as an annual sale, store opening or store closing. The
banner shall not exceed eight square feet in area, and shall be placed
upon the building not more than one week prior to the special event,
and removed immediately upon the conclusion of the event. No more
than two such banners and/or temporary signs may be displayed by a
single business establishment in any single calendar year.
(8)
Not more than three gasoline/fuel price signs attached to a
gasoline/fuel dispenser, each such sign not to exceed one square foot
per face.
(9)
Window signs in B-1, B-2, VEN and VES-MU Districts, provided
that the total area of window sign(s) in the VEN District shall not
exceed 50% of the total area of the window within which it or they
are located, and provided that the total area of window sign(s) in
the B-1 and B-2 Districts shall not exceed 25% of the total area of
the window within which it or they are located.
[Amended 2-3-2014 by L.L. No. 1-2014]
(10)
Temporary signs identifying sponsors or boosters mounted to
the inward facing side of fences (toward the interior of the athletic
field facing away from any streets and or adjoining properties) upon
athletic fields owned and operated by schools, post-secondary educational
institutions, municipalities, and/or not-for-profit organizations,
provided that each such individual sign may be in place only on the
day of a scheduled athletic contest and may not be displayed on any
day when no such event is scheduled to take place. Such signs shall
not exceed 18 square feet, and no such sign shall extend beyond the
top or side of the fence to which it is mounted.
[Added 2-4-2019 by L.L.
No. 1-2019]
E.
The following signs are permitted in all districts without site plan
approval, subject to the issuance of a permit by the Code Enforcement
Officer:
(1)
In lieu of a business identification sign requiring Planning
Board approval, one sign, attached to the building, identifying any
permitted nonresidential building or nonresidential use, not exceeding
two square feet in sign area.
(2)
One sign identifying the name and/or occupation of a resident
maintaining a permitted home occupation, not exceeding two square
feet in sign area and attached to the building.
(3)
One sign, either a ground sign or attached to the building,
which is visible from the street, a public sidewalk, or from any point
off the premises, identifying a building used for post-secondary educational
use by a post-secondary educational institution, not exceeding four
square feet in area per sign face, to be located not less than five
feet from the sidewalk, or five feet from the street line if there
is no sidewalk, and not less than five feet from any side lot line.
In the event the principal structure is less than 10 feet from the
street line, the sign shall be located not less than 1/2 the distance
between the street line and the principal structure.
F.
Signs permitted in B-2, VES-MU and VEN Districts, subject to site
plan approval by the Planning Board and issuance of a sign permit
by the Code Enforcement Officer, shall be as follows:
[Amended 2-3-2014 by L.L. No. 1-2014]
(1)
One business identification sign, affixed to the exterior portion of the building owned or leased by the business operator, or, as permitted under Subsection F(1)(a) below, a ground sign, but not both, subject to the following limitations:
(a)
A business identification ground sign shall be permitted only
on lots that have not less than 150 feet of road frontage and no more
than one business, office or other commercial enterprise use conducted
on the lot.
(b)
A business identification ground sign shall not exceed five
feet in height and 24 square feet in area per sign face, identifying
the business, profession, industry or other nonresidential use conducted
upon the premises.
(c)
A business identification sign affixed to a building which is
within 250 feet of the street line, shall not exceed two feet in height,
and the total area of the sign shall not exceed 8% of the front building
face area owned or leased by the business operator, or 75 square feet,
whichever is less.
(d)
A business identification sign affixed to a building which is
more than 250 feet from the street line, shall not exceed three feet
in height, and the total area of the sign shall not exceed 8% of the
front building face area owned or leased by the business operator,
or 75 square feet, whichever is less.
(e)
If a building contains more than one business, office or other
commercial enterprise, in lieu of individual business identification
signs located on the individual portions of the exterior building
faced owned or leased by the business operator, business identification
signs may be grouped together in a single central location visible
from the street, in which case each individual business identification
sign shall be not more than two feet in height, and the entire grouping
of such signs shall not exceed 8% of the area of the building face
upon which the grouping of signs is affixed, or 75 square feet, whichever
is less.
(2)
On-premises directional signs for the safety of the general
public, identifying direction of traffic flow, parking areas, fire
zones, entrances and exits, not exceeding two square feet per face
and mounted not more than four feet above grade. Business names and
logos only shall be allowed, excluding all other advertising messages.
(3)
For each building containing more than one business, a directory
sign attached to the building in close proximity to one or more public
entrances to the building identifying all businesses, professions,
industries or other nonresidential uses conducted within that single
building. Individual business names on directory signs shall not exceed
four inches in height and 36 inches in length. The total area of a
directory sign shall not exceed 10 square feet in sign area.
(4)
For buildings, or a group of buildings under common management
containing more than two businesses, offices or other commercial enterprises,
one shopping/business center ground sign, not exceeding 60 square
feet in sign area, nor more than 10 feet in width and nine feet in
height. No lettering shall exceed 24 inches in height, and no portion
of the sign identifying an individual business or tenant shall exceed
24 inches in height.
(5)
In the event a business, profession, industry or other nonresidential use conducted within a building has an entrance facing a public street, and also has a second entrance located at the directly opposite side of the building, one additional business identification sign attached to the side of the building directly opposite to the side of the building facing the public street is allowed subject to the same size and area limitations set forth in Subsection F(1)(c) or (d), as applicable.
[Added 3-5-2018 by L.L.
No. 2-2018]
(6)
Copy change signs are permitted as a component of a site plan
for a special permit issued for a drive-in facility which is part
of a permitted restaurant, pharmacy, bank or bank branch office, provided
that the copy change portion (graphics) of the sign board may not
be visible from any public street.
[Added 5-7-2018 by L.L.
No. 5-2018]
G.
Signs permitted in the B-1 District shall be those herein listed in this section. Other than signs permitted solely upon issuance of a permit by the Code Enforcement Officer under Subsection E(1) above, all signs in this district shall be permitted only upon issuance of a sign permit by the Code Enforcement Officer, and either 1) for signs attached or affixed to an existing building located within the Historic Preservation Overlay District, issuance of a certificate of compatibility by the Historic Preservation Committee, or 2) for signs attached or affixed to an existing building not located within the Historic Preservation Overlay District, issuance of architectural approval by the Planning Board. All ground-mounted signs, such as directional signs, shall also be subject to site plan approval by the Planning Board.
[Amended 3-7-2016 by L.L.
No. 1-2016]
(1)
Not more than two business identification signs, only one of
which may be a projecting sign, identifying each business, profession,
industry or other nonresidential use conducted within a building.
Wall signs shall not exceed one foot in height unless it is the only
business identification sign affixed to that particular building face,
in which case the wall sign shall not exceed two feet in height.
(2)
On-premises directional signs for the safety of the general
public, identifying direction of traffic flow, parking areas, fire
zones, entrances and exits, not exceeding two square feet per face
and not exceeding more than four feet in height above grade. Business
names and logos only shall be allowed, excluding all other advertising
messages.
(3)
For each building containing more than one business, one directory
sign attached to the building identifying all businesses, professions,
industries or other nonresidential uses conducted within that single
building. Individual business names on directory signs shall not exceed
four inches in height and 36 inches in length. The total area of a
directory sign shall not exceed 10 square feet in sign area.
(4)
In the event a business, profession, industry or other nonresidential
use conducted within a building has its primary entrance facing a
public street, and also has a secondary customer entrance located
at the rear of the building, one additional business identification
sign attached to the building is allowed over or beside the rear entrance,
not to exceed four square feet in area.
H.
Signs permitted in C-1 and C-2 Districts shall, in addition to signs permitted under Subsection E above, be as follows:
(1)
Business identification signs, which do not comply with the requirements of Subsection E(3) above, and directional signs which do not comply with the limitations of Subsection H(3) below, are permitted subject to site plan approval by the Planning Board, and issuance of a sign permit by the Code Enforcement Officer, and, for properties within the Historic Overlay District, to review by the Historic Preservation Committee and issuance of a certificate of compatibility by the Planning Board.
(2)
Building-mounted directory signs and memoriam plaques and/or
other types of building-mounted signs acknowledging a building donor,
not exceeding six square feet in area, shall not require the issuance
of a permit by the Village.
(3)
Directional signs and other informational signs that aid in
the functions of the post-secondary educational use of the premises
which are located more than 30 feet from the public Village sidewalk
shall not require the issuance of a permit by the Village.
I.
Signs permitted in LM, RM and PD Districts, subject to site plan
approval by the Planning Board and issuance of a sign permit by the
Code Enforcement Officer, shall be as follows:
[Amended 2-3-2014 by L.L. No. 1-2014]
(1)
One business identification sign, either affixed to the exterior
portion of the building owned or leased by the business operator,
or a ground sign, not exceeding five feet in height, identifying each
business, profession, industry or other use, other than a one-family
or two-family dwelling, conducted within the building space owned
or leased by the business operator. Each such sign shall not exceed
24 square feet in sign area.
(2)
On-premises directional signs for the safety of the general
public, identifying direction of traffic flow, parking areas, fire
zones, entrances and exits, not exceeding two square feet per face
and mounted not more than four feet above grade. Business names and
logos only shall be allowed, excluding all other advertising messages.
(3)
For each building containing more than one business, office
or other commercial enterprise, one directory sign attached to the
building identifying all businesses, professions, industries or other
nonresidential uses conducted within that single building. Individual
business names on directory signs shall not exceed four inches in
height and 36 inches in length. The total area of a directory sign
shall not exceed 10 square feet in sign area.
(4)
For buildings, or a group of buildings under common management
containing one or more multifamily dwellings, more than two businesses,
offices, or other commercial enterprises, one shopping/business center
ground sign, not exceeding 24 square feet in sign area nor more than
eight feet in height.
J.
Construction standards.
(1)
All internally illuminated signs shall be constructed in conformance
with the applicable standards for electric signs of Underwriters Laboratories,
Inc., and bear the seal of Underwriters Laboratories, Inc.
(2)
All transformers, wires and similar items shall be concealed.
All wiring to freestanding signs shall be underground.
(3)
All freestanding signs shall be constructed in accordance with
all applicable provisions of the New York State Building Code and
the National Electrical Code.
(4)
All signs shall be securely anchored and all portions of the
sign shall be securely connected to ensure against their dislocation
by wind.
(5)
All signs, sign finishes, supports and electrical work shall
be kept clean, neatly painted and free from all hazards, such as but
not limited to faulty wiring and loose supports, braces, guys and
anchors.
K.
Permit application procedure.
(1)
Except as otherwise expressly permitted in this section, all
signs associated with a use requiring site plan approval and/or a
special use permit under the provisions of this chapter shall require
site plan approval from the Planning Board prior to the issuance of
a sign permit by the Code Enforcement Officer. Except as otherwise
expressly permitted in this section, all signs associated with a use
requiring review by the Historic Preservation Committee and issuance
of a certificate of compatibility by the Planning Board under this
chapter shall require such review and issuance of a certificate of
compatibility by the Planning Board prior to the issuance of a sign
permit by the Code Enforcement Officer. Except as otherwise required
under this section, all other signs requiring a permit may be erected
upon issuance of a sign permit by the Code Enforcement Officer.
(2)
Applications shall be made in writing to the Code Enforcement
Officer, on forms prescribed and provided by the Village and shall
contain the following information:
(b)
The location of the building, structure or land upon which the
sign now exists or is to be erected.
(c)
If a new sign is to be erected, elevation and plan drawings
to scale shall be included. In addition, a full description of the
placement and appearance of the proposed sign shall be included and
shall cover the following:
[1]
Location on the premises, specifically, its location in relation
to adjacent buildings, structures and property lines.
[2]
The method of illumination, if any, and the position of all
lighting and other components of the sign structure, along with a
copy of the electrical permit and/or the lighting manufacturer's requirements
related to the electrical connections.
[3]
Graphic design, including symbols, letters, materials and colors.
[4]
The visual message, text, copy or content of the sign.
(d)
Written consent or a copy of the contract made with the owner
of the property upon which the sign is to be erected, if the applicant
is not the owner.
(e)
Incomplete applications shall not be reviewed and must be resubmitted.
(3)
Permit. Upon the filing of a completed application for a sign
permit and the payment of the required fee, if such a fee has been
established by the Board of Trustees, the Code Enforcement Officer
shall examine the plans, specifications and other data submitted and
the premises on which the sign is to be erected or now exists. If
it shall appear that the sign is in compliance with all the requirements
of this section, he/she shall then either issue the sign permit, or,
if site plan approval and/or issuance of a certificate of compatibility
is required, within seven days forward the application to the Planning
Board and Historic Preservation Committee for its or their review,
as applicable, at its or their next scheduled meeting. The Planning
Board shall then examine the application, determine whether the requirements
of this section and chapter have been met, and then either approve
the certificate of compatibility and application, deny the application,
or approve the certificate of compatibility and application upon the
imposition of appropriate conditions. Upon the Planning Board's approval
of the application, and the applicant's compliance with any conditions
imposed upon such approval, the Code Enforcement Officer shall issue
the sign permit. The issuance of a permit shall not excuse the applicant
from conforming to the other laws of the Village of Cazenovia.
(4)
Permit period. The sign permit shall remain effective for the
life of the sign, provided that all provisions of this section are
complied with. Maintenance and repair of permitted signs shall not
require a permit as long as no dimension or design element of the
sign is changed by such maintenance or repair. No permit shall be
required to replace a permitted sign exactly in kind in the event
that it is more advantageous to replace such sign rather than repair
such sign. If the erection of the sign authorized under any such permit
has not been completed within six months from the date of issuance,
the permit shall become null and void, but may be renewed within 30
days prior to the expiration, for good cause shown, for an additional
six months upon payment of 1/2 of the original application fee.
L.
Signs permitted in the WG District, subject to site plan approval
by the Planning Board, approval of a certificate of compatibility
by the Historic Preservation Commission, and issuance of a sign permit
by the Code Enforcement Officer, shall be as follows:
[Added 9-3-2014 by L.L. No. 5-2014]
(1)
One business identification ground sign not exceeding five feet
in height nor more than 12 square feet in sign area, shall be permitted
for each business establishment. No sign shall be permitted on any
lot having less than 50 feet of street frontage. All signs shall be
designed to be consistent with the existing residential character
of the district. Monument-type signs shall not be permitted.
(2)
On-premises directional signs for the safety of the general
public, identifying direction of traffic flow, parking areas, fire
zones, entrances and exits, not exceeding two square feet per face
and mounted not more than four feet above grade. No business names,
logos or other advertising messages shall be permitted on directional
signs.
(3)
For each building containing more than one business, office
or other commercial enterprise, one directory sign attached to the
building identifying all businesses, professions, industries or other
nonresidential uses conducted within that single building. Individual
business names on directory signs shall not exceed four inches in
height and 36 inches in length. The total area of a directory sign
shall not exceed 10 square feet in sign area.
In any district, unlicensed motor vehicles shall not be stored
outdoors except as otherwise specifically permitted.
In any residential district, vehicles shall be stored as designated in § 180-113, and only as follows:
In all districts the storage of compost, garbage waste, rubbish
and all other refuse shall be obscured from adjoining lots and streets
by a screening device at least four feet in height, or shall otherwise
be contained within an enclosed structure, except during times designated
for the curbside or other removal of such material. No noxious odors
shall be emitted. Outdoor storage shall not be located within a required
setback. Junk, as defined in these regulations, shall not be stored
or otherwise accumulated outdoors on any dwelling lot.
[Amended 3-7-2016 by L.L.
No. 1-2016]
No animals other than domestic animals shall be housed or harbored
and maintained in the Village of Cazenovia. Not more than four dogs
and cats over six months in age shall be housed or harbored in any
dwelling or other use, except in kennels and/or veterinary care facilities
located in such districts where such uses are specifically permitted.
Stables shall be prohibited in all districts.
Driveways shall be located at least 80 feet from the curbline
of any intersecting street for all uses except one- and two-family
dwellings.
A.
All construction which disturbs and Cazenovia Lake shoreline, or
any lands within 20 feet of any shoreline of Cazenovia Lake, shall
be permitted only upon the prior grant of site plan approval by the
Planning Board. All construction on a lakefront lot shall be carried
out in such manner as to minimize interference with the natural flow
of such waterway, to avoid shoreline erosion or waterway sedimentation
to minimize increases in the rate of surface runoff into the waterway,
to remove only that vegetation which is reasonably necessary to accomplish
lot development, and to generally maintain the existing aesthetic
and environmental quality and character of the shoreline. To the extent
applicable and practicable, as determined by the Planning Board, the
standards and methods set forth in the Lakefront Development Guidelines
prepared by the Cazenovia Advisory Conservation Commission for the
Town of Cazenovia and attached to the end of this chapter as Appendix
C[1] shall be adhered to in the design and construction of
any site improvements affecting the lake shoreline and/or any lands
within 20 feet of the shoreline.
[Amended 12-3-2018 by L.L. No. 4-2019]
[1]
Editor's Note: The Guidelines are on file in the Village Clerk's
office.
B.
Any boat pump-out or other equipment for removing sanitary wastes
from boats shall be connected to a public or approved private sewage
disposal system.
C.
Any commercial use involving any permitted use or storage of gasoline
or other petroleum products shall be located at least 100 feet from
the shoreline and shall include adequate provisions for ensuring that
any leak, rupture or spill will be contained and not be introduced
into or affect the waterway. In particular, a raised earthen or paved
berm or dike shall be constructed in such manner so as to afford adequate
containment.
D.
Any paved or otherwise improved parking, loading or service area
within 100 feet of any shoreline shall be designed and constructed
so as to minimize surface runoff.
A.
Telephone, electricity, cable television and all other service or
utility lines within the restricted area shown on the map of the Village
of Cazenovia on file in the Village Clerk's office dated June 1, 1979,
shall be installed, maintained and replaced underground. The restricted
area as shown on said map shall consist of:
(1)
The following streets and portions of streets and the following
other areas: the limits of Albany Street from the pier at the lake
on the west, to the point where Farnham Street intersects Albany Street,
on the east; nor within the limits of Lincklaen Street from where
said street intersects Albany Street on the south to the intersection
of William Street and Lincklaen Street on the north; nor within the
limits of Sullivan Street from where Sullivan Street intersects with
Albany Street on the south to where said street is intersected by
Union Street on the north; nor within the limits of the street known
as Chenango Street or Mill Street from where Mill Street intersects
Albany Street on the north to a point where the street now known as
South Street running by the Stanton House intersects the said Mill
or Chenango Street.
(2)
The parcels of land having frontage on any of the streets or
portions of streets or other areas listed above.
(3)
All new streets and parcels of land fronting new streets.
B.
The above requirements shall not serve to limit or waive any other
codes and regulations governing such utility lines.
C.
In all areas other than the restricted area, any installation requiring
the setting or placement of new pole, transformer or other equipment
shall require a permit which may be issued by the Zoning Enforcement
Officer after architectural review by the Planning Board.
D.
Installations not requiring the setting of a pole, transformer or
other equipment may be made after a permit is issued by the Zoning
Enforcement Officer and shall not be subject to review by the Planning
Board.
Individual sanitary waste systems and septic tanks are prohibited
within the Village.
Temporary permits may be issued by the Zoning Enforcement Officer
for a period not exceeding one year for temporary conforming or nonconforming
uses and structures incidental to construction projects, provided
that such permits shall require agreement by the applicant to remove
the use or structure upon expiration of the permit. Such permits may
be renewed upon application for an additional period not exceeding
one year.
If excavation for a building has commenced and is thereafter
abandoned, the excavation shall be filled to the original grade within
six months after an order requiring such restoration work is issued
by the Zoning Enforcement Officer. If a permanent or temporary building
or structure has been destroyed, demolished or abandoned, all structural
materials shall be removed from the site and any resulting open basement
or other excavation or void shall be filled to the original grade
by the applicant.
The Planning Board shall have authority under these regulations
to require modification of any building permit or other application
in terms of yard depths, driveway entrance and exit locations, buffers,
screening devices, and the location and height of buildings where
deemed necessary to public safety, to minimize traffic congestion
or hazards and to safeguard adjacent dwellings and other uses.
