[HISTORY: Adopted by the Town Board of the
Town of Niles 9-10-1987 by L.L. No. 3-1987. Amendments noted where
applicable.]
This chapter shall be known as the "Setback
and Lot Area Law for the Town of Niles."
This chapter is enacted pursuant of the authority
conferred by Article 2 of the Municipal Home Rule Law.
It is the purpose of this chapter to promote
the health, safety or the general welfare of the town; to secure safety
from fire; to provide adequate light and air; to prevent the overcrowding
of land; to avoid concentration of population; and to ensure the purity
of groundwater.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure affixed to the land, including but not limited
to houses, mobile homes, double-wide mobile homes, modular homes,
campers, barns, garages, warehouses, decks, patios and sheds, and
any other structure intended for the shelter, support, housing or
enclosure of persons, animals or chattel.
[Amended 3-10-2022 by L.L. No. 2-2022]
A structure having an area not to exceed 120 square feet
and that is a portable-type construction either on skids, or axle
and wheels, and is used only for the temporary shelter of persons
at a regularly scheduled bus stop.
[Added 6-12-2003 by L.L. No. 3-2003]
A structure having an area not to exceed 120 square feet
and that is a portable-type construction either on skids, or axle
and wheels, and used only for the purpose of protecting properly packaged
containers of garbage, refuse, or recyclables from the elements of
weather and/or animals.
[Added 6-12-2003 by L.L. No. 3-2003]
Parcel of land occupied or designed to be occupied by one
building and the accessory buildings or uses customarily incident
to it, including such open spaces as are arranged and designed to
be used in connection with such buildings. A lot may or may not be
the land shown as a lot on a duly recorded plat.
The mean width measured at right angles to its depth.
Land reserved for use as a street, alley, interior walls
or for other public purpose.
A structure having an area not to exceed 120 square feet
and that is a portable-type construction either on skids or axle and
wheels, and used only for the sale of items of which over 50% is manufactured
or produced by the owner on the property on which the stand is located,
except that agricultural produce may be raised on any premises owned
or operated by the owner of the structure.
[Added 6-12-2003 by L.L. No. 3-2003]
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way.
Buildings subject to the requirements set forth in §§ 164-6, 164-7 and 164-8 shall be all buildings used or intended to be used for residential occupancy by one family. Said standards shall be increased by an amount not less than 50% for buildings used or intended to be used for occupancy by two families. Said standards shall be increased by an amount not less than an amount equal to the standards multiplied by the total number of occupants contained within a single building used or intended to be used for occupancy by more than two families. Buildings other than those used or intended to be used for residential purposes shall be subject to the requirements set forth in § 164-8.
[Amended 6-9-2011 by L.L. No. 3-2011]
A.
No permits
shall be issued for the erection of a new building unless the lot
upon which it is located contains a minimum of two acres of area,
except lots with frontage upon Owasco Lake or Skaneateles Lake. Lakefront
lots shall have a minimum of 15,000 square feet.
B.
Nonconforming
lots.
(1)
Notwithstanding Subsection A, any lot held in single and separate ownership prior to September 10, 1987, whose lot area is less than the specified minimum lot requirement of this chapter may be considered as complying with such minimum lot requirement and no variance shall be required provided that:
[Amended 8-8-2013 by L.L.
No. 2-2013]
No building shall hereafter be constructed on
a lot unless said lot has a minimum frontage of 200 feet on a public
street or on a private roadway, except lots with frontage on Owasco
Lake or Skaneateles Lake. Lakefront lots shall have a minimum width
of 75 feet at their narrowest point.
A.
All buildings hereafter constructed in the town shall
be set back a minimum distance of 75 feet from the center line of
any public or private right-of-way, except buildings constructed on
lots with frontage on Owasco Lake or Skaneateles Lake. Buildings constructed
on lakefront lots shall be set back a minium of 25 feet from the lake
mean high-water mark and 25 feet from the center line of a public
or private right-of-way.
B.
No building shall be closer than 25 feet to an adjacent side property line or rear property line except buildings on lots with lake frontage, which shall be set back a minimum of 15 feet. The rear property line shall be the point of the lot farthest from and most parallel to the frontage required by § 164-7 of this chapter.
[Amended 9-6-1990 by L.L. No. 1-1990]
C.
Roadside stands, bus shelters and garbage shelters,
as defined, shall be exempt from the seventy-five-foot road setback
requirement, provided they are actively in use for their designed
purpose. Any of the above structures of which the permitted use has
been discontinued for more than 90 days must be moved no less than
75 feet back from the center of the highway. Any time a portable structure
has not been open for three or more consecutive business days it shall
be presumed that its use has been discontinued for over 90 days, and
the burden of proof that the structure has been used within the past
90 days shall fall upon its owner. Failure of the owner to produce
evidence of current use to the Code Enforcement Officer shall be cause
for issuance of an order to move said structure. Portable structures
shall not be placed on any foundation which would remain in place
if the structure is moved. The structure must be secure so as not
to blow into the highway or onto the property of others from winds
of less than hurricane force. No section of this chapter shall be
construed as to allow any person to place any structure upon any public
highway right-of-way without receiving prior approval from the agency
having control of said right-of-way.
[Added 6-12-2003 by L.L. No. 3-2003]
A.
Any building or part thereof existing at the time
that this chapter becomes effective may be continued although such
building does not conform to the provisions hereof.
B.
No lot shall be altered in such a manner which will
cause existing buildings to be nonconforming to the provisions of
this chapter.
A.
No permit shall be issued under this chapter until
certification of compliance with all County Health Department regulations
concerning the disposal of sewage is supplied to the Code Enforcement
Official.
B.
Permits issued under this chapter shall indicate compliance
only with the terms of this chapter. All construction or creation
of building lots shall conform with any other applicable county, state
or federal laws.
The Town Board of the Town of Niles, Cayuga
County, New York, shall appoint such persons or persons, agency or
agencies, as, in its sole discretion, are necessary for the proper
enforcement of the provisions of this chapter. Such persons or persons,
agency or agencies, shall be known as "Code Enforcement Officers."
The compensation of such Code Enforcement Officers shall be fixed
by the Town Board of the Town of Niles, Cayuga County, New York.
A.
The Town Board of the Town of Niles shall promulgate
a schedule of fees which shall be paid by applicants to secure the
necessary permits or approvals.
B.
A copy of the fee schedule will be kept on file with
the Town Clerk.
C.
In the event that an application or a permit is not
approved, the applicant shall not be entitled to a refund.
No building shall be constructed or extended
without a setback and/or lot area permit, as applicable, issued by
the Code Enforcement Official. Every application for a setback and/or
lot area permit shall be accompanied by a plot plan with all dimensions
shown indicating the size and shape of the lot and buildings and location
within the town.
A.
The Town Board shall appoint a Board of Appeals consisting
of five members and two alternates, and the Town Board shall designate
its Chairman and set the terms of office of the members and the alternates.
[Amended 2-8-2001 by L.L. No. 1-2001]
B.
Such Board of Appeals shall hear and decide appeals
from and review any order, requirement, decision and determination
made under this chapter.
C.
Such Board of Appeals shall meet at the call of the
Chairman. Minutes of all proceedings shall contain evidence and data
relevant to each case heard, the votes of all members and the final
disposition of matters considered. A majority vote of the members
shall decide an issue. In the event that any member is absent from
a proceeding, then an alternate may act on behalf of the absent member
and vote in his or her place.
[Amended 2-8-2001 by L.L. No. 1-2001]
D.
Upon receiving an application, the Board of Appeals
shall fix and advertise a date, time and place for a public hearing
on said application (within 30 days). Advertisement of said shall
be placed in the official paper of the town at least 10 days prior
to the hearing. Adjacent property owners will be given notice of the
variance hearing proceedings prior to the hearing by first-class mail
with the return address of the town on the envelope.
[Amended 12-9-1993 by L.L. No. 3-1993]
E.
Upon review of the decision made by the Code Enforcement
Officer, the Town Board of Appeals may issue a variance upon a showing
by the appellant that strict compliance with the terms of this chapter
will create undue hardship on the appellant. In granting a variance,
the Town Board of Appeals shall determine that the granting of the
variance is in harmony with the general purpose and intent of this
chapter and not injurious to the neighborhood or otherwise detrimental
to the public welfare; that special conditions exist that make compliance
with the strict terms of this chapter impossible or impractical; and
that the relief sought is the minimal amount necessary to overcome
the hardship.
[Amended 12-9-1993 by L.L. No. 3-1993]
F.
Any person requesting action by the Board of Appeals
shall pay a fee to the Town Clerk prior to consideration of the matter
by the Board of Appeals. (The fee will be determined by the Town Board
involving the incurred costs, with a minimum fee of $50.)
[Amended 12-9-1993 by L.L. No. 3-1993]
G.
A property owner may apply for a variance without
first having obtained a building permit.
[Added 6-12-1997 by L.L. No. 4-1997]
A.
Any person, firm, corporation or other violating any
provision of this chapter shall be deemed guilty of a violation and,
upon conviction thereof, shall be subject to a fine not exceeding
$250, or to imprisonment, for each and every violation. Each week
and every week that such violation continue shall constitute a separate
violation. In no event may imprisonment for any one violation exceed
15 days.
B.
In addition to other penalties, the Town of Niles
may institute any appropriate action or proceeding to prevent the
unlawful erection, construction or alteration of any building or land
in violation of the requirements of this chapter.
This chapter may be amended as provided by Town
Law.
