Except as herein provided, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the provisions of this chapter. No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations designated in the zoning schedules and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter and the certificate of occupancy shall become void, subject to compliance in accordance with existing laws.
A. 
No structure shall be built within 50 feet of the edge of the bank of any stream carrying water on an average of six months of the year or on land subject to periodic overflow. (See § 148-26.)
B. 
No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and the excavating or grading incidental thereto, except as hereinafter specified or as provided in Chapter 90 of the Village Code.
C. 
For any area of land having an area of more than one acre from which topsoil has been removed or covered over by fill, such area shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
D. 
Existing natural features, such as trees, brooks, drainage channels and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
A. 
Lot in two or more districts. Where a lot in single or joint ownership is located in two or more zoning districts, the regulations for any one district may be extended into the other district or districts for a distance of 30 feet from the boundary line separating such districts.
B. 
Public street frontage. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Village's requirements, except that this provision may be waived when warranted and approved as part of the site plan approval process. (See § 148-28.)
C. 
Principal buildings. Unless approved as part of the site plan approval process, no lot shall have erected upon it more than one principal building. (See § 148-28.)
D. 
Street widening. Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
E. 
Subdivision. When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use and any proposed structures or use.
F. 
Yard space limitations. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
G. 
Containment. Unless otherwise approved as part of the site plan approval process, all yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted. (See § 148-28.)
A. 
Location.
(1) 
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to side yard requirements of this chapter.
(2) 
In any residential district, no accessory building shall be erected in any yard, except that accessory buildings may occupy in the aggregate not more than 25% of a rear yard.
(3) 
For the purpose of regulating the locations of accessory buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
B. 
Height. No accessory structure exceeding 12 feet of height, except farm structures or others specifically stated in the schedule, shall be permitted in any residential district.
At the intersection of two or more streets, no hedge, fence or wall, other than a single post or tree, which is higher than three feet above the curb level nor any obstructions to vision shall be permitted in the triangular area framed by the intersecting street lines and a line joining each 30 feet distant from said intersections along said street line.
A. 
Every part of a yard required by Schedule II[1] shall be open and unobstructed except for the ordinary projections of sills, cornices, pilasters, chimneys, eaves and ornamental features, provided that such projections extend no more than three feet into any required yard.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
B. 
Open or enclosed fire escapes, outside stairways and balconies and solar energy systems projecting into a required yard not more than four and one-half (4 1/2) feet may be permitted by the Zoning Enforcement Officer where such projections are located so as not to obstruct light, ventilation or views on adjacent properties.
A. 
Before a fence above three feet in height shall be erected within a required yard area, a building permit must be obtained from the Zoning Enforcement Officer. A request for a permit shall be accompanied by a site plan which shall show the height and location of the fence in relation to all other structures and buildings and in relation to all streets, lot property lines and yards.
B. 
When located 25 feet or more from the right-of-way line, fences may be erected, altered or reconstructed to a height not to exceed eight feet above ground level.
C. 
When located within 25 feet of the right-of-way line, fences may be erected, altered or reconstructed to a height not to exceed five feet above ground level, except as may be otherwise regulated through site plan review or by § 148-18 above.
D. 
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
E. 
All fences shall be so constructed or erected that the posts supporting such fence are on the interior side of the fence, i.e., on the side opposite the fence from neighboring property, to the extent such is possible. Such fences shall also be so constructed or erected that the finished side or good side of the fence material, if such fencing shall not be uniform in quality and appearance, is facing neighboring property. For the purposes of this section, neighboring property is any adjoining lot or parcel of land listed on the tax roll as a separate taxable parcel. If a fence is erected on two or more adjoining parcels, the neighboring property shall refer to those parcels adjoining all parcels upon which such fence is erected or constructed.
[Added 7-24-1990 by L.L. No. 13-1990]
F. 
For all fence structures proposed on property within the commercial design overlay districts, the site plan shall be reviewed for compliance with the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay Districts.
[Added 10-26-2010 by L.L. No. 7-2010]
The dumping of refuse, waste materials and other substances is prohibited in all districts of the Village.
A. 
No person shall own or harbor within the Village any animal except domesticated dogs and cats, rabbits and chicken hens and those animals domiciled within the owner's household. No person shall allow any animal except cats to run at large within the Village. Nothing in this chapter shall apply to animals harbored prior to the enactment of Local Law No. 4 of 2017, titled "Harboring of Hens." Dog kennels, private, and dog kennels, commercial, may be operated within the Village in the zoning districts specified, as permitted by special use permit granted by the Zoning Board of Appeals.
[Amended 11-28-2017 by L.L. No. 4-2017]
B. 
Dog kennels, private, and dog kennels, commercial, may be operated within the Village in the zones specified, as permitted by a special multiple dog permit granted by the Zoning Board of Appeals, after public hearing. The application for a special multiple dog permit and hearing procedure shall be as set forth in § 148-55 of the Code. In addition, applications for special multiple dog permits shall be submitted in accordance with § 148-49B of the Code and shall include all of the details set forth in §§ 148-37, 148-49B, and 148-50 of the Code.
[Added 8-28-1990 by L.L. No. 14-1990; amended 6-20-1995 by L.L. No. 2-1995; 6-23-2010 by L.L. No. 3-2010]
There shall be no outside storage in any district of a motor vehicle body or motor vehicle part at any time, unless such are fully covered by a reinforced covering which completely obscures the same from sight or unless such are retained for storage and/or use in the ordinary course of business of the owner of the premises, which shall be engaged in an authorized automobile or motor vehicle sales and/or service establishment, or unless such are stored in a duly authorized junkyard.
Not more than one commercial vehicle shall be parked out-of-doors in conjunction with a residential property in any residential district. No vehicles for commercial display purposes shall be stored in any residential district at any time.
[Added 7-22-2021 by L.L. No. 3-2021]
A. 
No person, association, or entity shall install an electric vehicle charging station within the Village of Chittenango without obtaining a permit from the Code Enforcement Office. Charging station permits shall become invalid unless the authorized installation is completed within six months of the date of the submitted application. Upon completion of the installation, the permittee must contact the Code Enforcement Officer and arrange for an inspection of the charging station, which shall include all electric vehicle infrastructure, to ensure compliance with all federal, state, and local laws.
B. 
The installation and maintenance of electric vehicle supply equipment and associated electric vehicle infrastructure for private use shall be permitted, provided all equipment is located within an existing garage on the premises or is compliant with front yard, side yard and rear yard setback requirements.
C. 
It is the intention of the Chittenango Village Board to encourage and streamline the permit process with regard to electric vehicle charging station permits. To that effect, the application process for commercial electric vehicle charging stations shall consist of the following requirements:
(1) 
All installations must comply with the New York State Building Code, New York Residential Code, New York State Fire Code, New York State Electrical Code, and New York State Plumbing Code;
(2) 
Any person or entity installing a charging station shall, prior to installation, notify the utility providing electric power to the property and provide proof of same to the Code Enforcement Officer;
(3) 
Each electric vehicle charging station shall include vehicle impact protection bollards or a similar structure;
(4) 
Components for electric vehicle charging stations shall adhere to the setback requirements of the Village Code of the Village of Chittenango; and
(5) 
Notwithstanding any district or zoning regulation in the Village of Chittenango, an electric vehicle charging station shall be a permitted accessory use in all zoning districts.