The purpose of this article is to provide additional criteria
for certain specified uses, whether such use is permitted as of right
or whether a special use permit (or other land use approval) is required
due to the likely impacts to surrounding properties. These criteria
are applied to mitigate impacts including noise, parking, traffic,
unsightliness, odors, dust, vibrations, light and fumes. The regulations
are intended to promote the public health, safety and compatibility
with the immediate neighborhood and the larger community and are in
addition to any other criteria or regulations with which such use
may be required to comply, including site plan approval.
None of the regulations contained in this chapter shall be construed, interpreted or imposed by the reviewing board or official in such a way as to unreasonably restrict/restrain those farms or farm operations located in a state-certified Agriculture District approved pursuant to New York State Agriculture and Markets Law Article 25-AA. In incidences where the health, safety and welfare of the area are jeopardized, these regulations shall be applicable per law. See § 165-1F above.
A.
Purpose.
(1)
It is recognized that structures and establishments operated as adult
uses have serious objectionable operational characteristics. In order
to promote the health, safety and general welfare of the residents
of the Town, this section is intended to restrict adult uses to industrially
zoned areas of the Town.
(2)
The Town Board hereby finds that the operational characteristics
of adult uses and the secondary effects of adult uses increase the
detrimental impact on a community when such uses are spread throughout
the community.
(3)
The Town Board finds that, based upon common knowledge and experience
and studies conducted by other municipalities (including but not limited
to Syracuse, New York; Kansas City, Missouri; Bergen, New York; Scotia,
New York; Dryden, New York; and Ellicottville, New York), the adult
uses sought to be regulated herein have been associated with criminal
and other socially undesirable behavior, such as disorderly conduct,
prostitution, pornography, drug trafficking and substance abuse, which
have the resulting effects of depressing property values in the surrounding
neighborhood and increasing the burden upon law enforcement personnel
and municipal expenditures.
(4)
Therefore, this section is intended to promote the health, safety
and general welfare of the residents of the Town by regulating the
concentration and location of such adult uses.
(5)
This section has neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials; neither is it the intent nor effect of
this section to condone or legitimize the distribution of obscene
material.
(6)
Adult uses may be specially permitted in the Industrial Overlay District,
subject to the additional restrictions and criteria set forth herein
and as otherwise regulated under this chapter. Such uses are otherwise
prohibited throughout the Town.
B.
Restrictions.
(1)
No adult use shall be allowed or permitted in any zoning district
of the Town, except in an Industrial Overlay District. All adult uses
shall comply with the applicable provisions of this chapter, including
those relating to structures and uses permitted in an Industrial Overlay
District.[1]
(2)
In addition, no person shall construct, establish, operate or maintain,
or be issued a certificate of occupancy for, any adult use within
the Town unless such use meets the following standards:
(a)
No more than one adult use shall be allowed or permitted on
any one lot. No mixed uses involving an adult use shall be allowed.
(b)
No adult use shall be allowed or permitted on a lot that is
closer than 700 feet to:
[1]
A lot on which there is another adult use.
[2]
Any RB District, LW&RC or NWHO District.
[3]
Any property that is used, in whole or in part, for residential
purposes.
[4]
Any church or other regular place of worship, community center,
funeral home, library, public or private school, nursery school, day-care
center, hospital or public park, playground, recreational area, field
or trail.
[5]
Any structures used by the public for public gatherings.
[6]
Any hotels or motels.
(c)
Where there is a conflict between the regulations as provided
in this section and any other law, rule or regulation of the Town,
including this chapter, the most restrictive law, rule or regulation
shall apply.
(d)
All distances set forth herein shall be measured from lot line
to lot line. Any relief from the distance buffer referenced under
this subsection shall require the issuance of a use variance.
C.
Observation from public way prohibited. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing 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.
An animal day care, kennel or shelter shall be subject to the
following additional requirements:
A.
An animal day care, kennel or shelter (except for outside runs) shall
be completely enclosed, and such runs and structures shall be no closer
than 100 feet to any lot line or residential district boundary as
measured from the nearest lot lines.
B.
Fenced areas used in association with such use may not be permitted
within 50 feet of any side or rear property line and shall be prohibited
in a front yard.
C.
An acceptable waste storage and removal program must be submitted.
D.
Such other materials the reviewing board deems necessary upon which
to determine the impact of such specially permitted use must be submitted.
Animal hospitals or veterinary clinics shall be subject to the
following additional requirements:
A.
An animal hospital or veterinary clinic (except for outside runs)
shall be completely enclosed and no closer than 100 feet to any lot
line or residential district boundary as measured from the nearest
lot lines.
B.
Fenced areas used in association with such use may not be permitted
within 50 feet of any side or rear property line and shall be prohibited
in a front yard.
C.
An acceptable waste storage and removal program shall be submitted.
D.
Such other materials the reviewing board deems necessary upon which
to determine the impact of such specially permitted use shall be submitted.
[Amended 5-13-2019 by L.L. No. 2-2019]
Bed-and-breakfast establishments/owner-occupied transient occupancy
lodgings (hereinafter "bed-and-breakfasts"), shall be allowed as elsewhere
provided in this chapter, but in all instances shall only be allowed
upon the issuance of a special use permit by the Zoning Board of Appeals
and shall be subject to the following additional requirements:
A.
The title owner shall live on the premises of the bed-and-breakfast
establishment and shall be physically present on the premises during
the nighttime hours (7:30 p.m. to 7:30 a.m.) of said transient occupancy.
B.
No alteration to either the exterior or the interior of any principal
or accessory structure shall be made which changes the character or
appearance of the residential premises.
C.
One attached or detached sign of not more than two square feet in
area shall be permitted, subject to the regulations of this chapter.
D.
The maximum number of overnight guests shall not exceed two per bedroom.
In no case shall more than a total of six overnight guests be permitted
at any bed-and-breakfast establishment.
E.
Breakfast only shall be offered and only to overnight guests, subject
to appropriate Health Code and Fire Code regulations.
F.
No events, meetings or other activities for people who are not overnight
guests shall be permitted.
G.
Any special use permit granted pursuant to this section shall be
issued on an annual basis with a renewal required for the continued
approved use. Applicant(s) shall submit a renewal request at least
60 days prior to the expiration of the current special use permit.
H.
Applicant(s) must demonstrate appropriate available on-premises parking
for the proposed bed-and-breakfast use. Parking shall demonstrate
one space for each vehicle used by the owner occupant(s) of the premises
plus a minimum of one space for each proposed transient occupant.
Additional spaces may be required by the Zoning Board of Appeals based
upon site characteristics and maximum number of persons permitted
to occupy the dwelling unit per the terms of the special use permit
issues to the applicant. Parking shall not be permitted on lawns.
On-street parking is prohibited.
I.
No recreational vehicles, campers, trailers or motor vehicles larger
than a one-ton pick-up truck associated with the bed-and-breakfast
use may be parked upon the premises during any bed-and-breakfast occupancy.
The number of automobiles and/or light-duty pick-up trucks that may
be parked on-site in association with any bed-and-breakfast lodging
shall be limited to the number of off-street parking spaces designated
on the site plan approved by the Zoning Board of Appeals. The Zoning
Board of Appeals shall review all applications in relation to the
physical limitations of the subject premises, as well as proximity
to adjoining uses in the surrounding neighborhoods in order to determine
appropriate parking requirements and occupancy limits.
J.
No bed-and-breakfast lodging facility shall be located above the
second floor of any building unless such floor has a fire sprinkler
system or has otherwise been constructed in accordance with the requirements
of the applicable New York State Code requirements for residential
occupancy of such floors.
K.
The operator of the bed-and-breakfast facility shall maintain a register
of all guests staying at the facility, their permanent addresses and
the date(s) of their stay. This register shall be immediately made
available to the Town of Cazenovia Code Enforcement Officer as part
of any investigation of any complaints regarding guest's behavior
and/or to determine compliance with the requirements of any special
use permit issued.
L.
No person may be the owner operator of more than one bed-and-breakfast
facility within the Town of Cazenovia at any one time.
M.
The operator of the bed-and-breakfast facility must at all times
be current in the payment of all real property taxes and special assessments
and shall be responsible for compliance with all 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, applicant(s) shall
register to have applicable taxes and fees collected or remitted by
any associated internet host platform.
N.
The operator of the bed-and-breakfast facility shall provide to the
Town 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 to personal
injury or death, and in an amount of not less than $100,000 in response
to property damage.
O.
All proposed bed-and-breakfast facilities shall be physically inspected
for appropriate physical condition and Code compliance prior to the
issuance of a final certificate for the proposed use by the Code Enforcement
Office. Such certificate shall be issued on an annual basis.
P.
A special use permit issued pursuant to these regulations may be
revoked by the Zoning Board of Appeals upon instances where it has
been demonstrated that the operator of said bed-and-breakfast facility
has failed to comply with these regulations and/or any conditions
set by the Town of Cazenovia Zoning Board of Appeals in its approval
of the proposed bed-and-breakfast facility.
Commercial garages, when permitted, shall be subject to the
following additional requirements:
A.
No such use shall be located within 150 feet of any residential district
boundary line or residential use as measured between nearest property
lines.
B.
All vehicles located outdoors and awaiting repairs shall be subject
to an active work order, have a valid license plate, and be registered.
Such vehicles must be parked in an orderly fashion on a driveway or
parking lot surface and not on the unimproved yard of the lot.
C.
All repairs shall be performed within an enclosed principal structure
on the premises.
D.
All storage shall be within the principal structure, with the exception
of refuse and trash which shall be stored in closed containers and
in an area screened from view at all points on any public or private
property or street when viewed from six feet above ground level.
E.
Any tires or other materials kept on the premises shall be stored
within a structure or covered and screened from view at all points
on any public or private property or street when viewed from six feet
above ground level. Tires shall be removed from the premises at specified
regular intervals and shall not exceed 40 in number at any time if
not stored in a structure.
F.
Sufficient screening with landscaping and a solid fence or masonry
wall shall be provided along all lot lines abutting or adjacent to
a residentially developed property to block any view of repair operations
and stored material and equipment from all points on such residential
property when viewed from six feet above ground level.
G.
Any business engaged in a towing service shall remove from the lot
any towed vehicles within 24 hours, unless they are stored in a structure
or subject to an active work order.
Drive-throughs, when specifically permitted as a feature to
an approved use, shall be limited to banks, pharmacies and restaurants
and shall be subject to the following additional requirements:
A.
Drive-throughs shall be prohibited in the front yard and shall be
located to preserve continuous vehicular and pedestrian access from
the public right-of-way to the principal structure entry.
B.
When adjacent to residential uses, drive-throughs, including both
the facility and queuing lanes, shall be a minimum of 150 feet from
the property line of adjacent residential properties and screened
by an appropriate solid fence or masonry wall of at least six feet
in height.
C.
The stacking spaces shall be located so as not to interfere with
the use of parking spaces or the free flow of traffic on the site
and shall be adequately striped and marked with directional signs.
D.
Any outside speakers shall be adequately screened and/or metered
so as not to increase the sound level at the property lines.
The following regulations are subject to the applicable provisions
of Article 25-AA of the New York Agriculture and Markets Law.
A.
Farms not located in an approved New York State Agricultural District
shall be subject to the following additional general requirements:
(1)
No retail or commercial activity shall take place other than the
storage, processing and sale of farm products grown on the premises.
(2)
No odor- or dust-producing use, including the storage of manure,
shall take place within 150 feet of the nearest lot line.
(3)
No farm stock shall be kept in a structure that is closer to the
nearest lot line than 150 feet.
(4)
No garbage or refuse shall be used for feed other than that actually
produced on the premises.
[Added 2-14-2022 by L.L.
No. 2-2022]
Farm operation events shall be allowed only through the issuance of a special use permit granted by the Zoning Board of Appeals pursuant to § 165-114 and upon the granting of site plan approval by the Planning Board pursuant to Chapter 133 and shall be further subject to the following requirements:
A.
General requirements.
(1)
Such use shall occur only on parcels being utilized as active
farm operations (as defined under the New York State Agriculture and
Markets Law), and which also qualify as being included in the Town
of Cazenovia's Agriculture Overlay Zoning District.
(2)
Such use shall occur on parcels which contain a minimum lot
area of 100 contiguous acres.
(3)
Such uses shall be located only upon parcels located and fronting
on U.S. Route 20 in the Town of Cazenovia or located and fronting
on a county road.
(5)
An approved farm operation event use shall be limited to events
which are secondary to the farm operation and its income, such that
the limited farm operation events are utilized to supplement farm
income rather than become a primary use upon the farm lot parcel for
which such use has been granted. Such uses may include approved farm
events, weddings, celebrations and similar activities.
(6)
The number of events per year granted by the Zoning Board of
Appeals may not exceed 15.
(7)
Each limited farm operation event shall be under the direction
and control of the farm operator, who shall submit a general business
and operations plan applicable to all events for review by the Zoning
Board of Appeals.
(8)
The applicant shall submit a facility plan, providing for appropriate
sewage disposal facilities as determined by the Zoning Board of Appeals
and approved by the Madison County Department of Health.
(9)
The number of event attendees shall be limited to 150 and shall
be subject to review and approval by the Zoning Board of Appeals as
part of the special use permit process.
B.
An application for such use shall include the submission of a written
detailed narrative of the use, including all aspects of same, hours
of operation, proposed lighting, access, sewage disposal, parking,
structures, noise and all other features. The applicant shall also
prepare and submit a detailed site plan depicting all features of
the proposed use and existing uses, including land contours.
C.
Lighting.
(1)
All external lighting associated with the farm operation event use shall be downcast lighting and dark sky compliant (subject to Chapter 133), which lighting shall include shielding.
(2)
All external lighting shall be extinguished by 10:30 p.m. Events
shall be discontinued no later than 9:30 p.m.
(3)
Where appropriate, the applicant shall propose and incorporate
the use of solar- and battery-powered energy for the proposed event
use.
(4)
No lighting shall spill onto surrounding properties or adjacent
highways.
D.
Approval of any farm operation event use shall require proof of the
continuous on-site presence of the owner of the premises or, in the
absence of such owner, a designated responsible event/operations manager,
which owner or event/operations manager shall be accountable to the
Town Codes Enforcement Officer by providing appropriate contact information,
including a twenty-four-hour telephone number.
E.
The proposed farm operation event use facility shall demonstrate
appropriate fire extinguishment capabilities for the use. The applicant
shall provide to the Zoning Board of Appeals correspondence from local
first responder emergency services indicating acceptability of the
proposed facility.
F.
The application narrative shall address all safety features of the
use for the Zoning Board of Appeals' consideration.
G.
A special use permit issued to any farm operation event use shall
be issued for a period not to exceed one year with renewal scheduled
60 days in advance of the upcoming season.
H.
Parking.
(1)
The application shall provide and address designated parking
areas, demonstrating properly sized parking spaces, with sufficient
distance from the use and from surrounding property lines.
(2)
Parking shall be designed in such a manner so as not to cast
light onto surrounding properties or onto oncoming traffic. Vehicles
shall not be allowed to idle on-site.
I.
Noise.
(1)
The Zoning Board shall request and be provided with detailed
information relative to sound impacts associated with the proposed
farm operation event use. The Zoning Board may request a sound test
for review by the Zoning Board to determine the potential for noise
impacts from the proposed use prior to the granting or denial of its
approvals.
(2)
Noise levels from the nearest property line from the proposed
farm operation event use shall not exceed 50 dBA.
J.
There should be no outdoor storage associated with the proposed farm
operation event use, nor shall personal effects be left outdoors,
including food or beverages.
K.
Appropriate waste facilities shall be demonstrated on the submitted
plan.
L.
The proposed farm operation event use shall provide a means by which
event attendees may purchase farm products from the property owner
and shall include educational information designed to provide patrons
with an understanding of the farm operation's agricultural activities.
M.
Inspections and compliance.
(1)
The Town of Cazenovia Codes Enforcement Officer will be provided
access to the farm operation event use facility at all times for inspections
and compliance with any conditions issued.
(2)
Annual inspection of the operations of the proposed farm operation
event use are to be conducted by the Town of Cazenovia Codes Enforcement
Officer, who shall submit its report to prior to any requested renewal
of the use.
(3)
Any farm operation event use found to be out of compliance with
these regulations is subject to nonrenewal or revocation by the Zoning
Board of Appeals.
N.
All aspects of the proposed farm operation event use (structures)
shall be set back a minimum of 125 feet from the nearest residential
property line.
P.
Hours of operation will be 11:00 a.m. to 9:30 p.m., with 10:30 p.m.
shutoff of lighting.
Q.
The proposed farm operation event use shall have a nexus to the underlying
agricultural use and may specifically include wedding events, farm
festivals, seminars, etc.
R.
A contract between the event participants and the proposed farm operation
event use shall include a set of rules and regulations as established
by the Zoning Board of Appeals, which rules shall include, at a minimum,
expectations regarding noise and the hours of operation associated
with the individual proposed use.
S.
The proposed farm operation event use will be a "major project" as
defined by the Town Code of the Town of Cazenovia and subject to a
public hearing.
T.
Use of tents may be approved by the reviewing board upon their sound
discretion.
A junkyard is prohibited in the Town of Cazenovia, New York.
Approved mixed-use developments shall be subject to the following
additional requirements:
A.
Portions of structures designated for commercial purposes shall not
be used for dwelling purposes.
B.
Portions of structures designated for dwelling purposes shall not
be used for commercial purposes.
C.
Dwelling units in the RA and LW&RC Districts shall not be converted
or altered to allow other uses.
D.
This provision shall not be deemed to prohibit the use of a portion
of the building or structure as living quarters for caretakers or
attendants of places of worship or institutions where such uses are
authorized in any zoning district.
Day-care centers/facilities and nursery schools shall be subject
to the following additional requirements:
A.
No play equipment shall be located in the required front yards.
B.
Every application for a day-care center/facility shall set forth:
(1)
Each agency that must approve the establishment or operation of the
facility.
(2)
A copy of an application or other request to each such agency for
such approval and the status of each such application.
(3)
Any facts known to the applicant which may result in the denial or
delay of any required approval which has not been obtained as of the
time of the filing of the application.
C.
Special regulations for day-care centers in RA Districts. In addition to the above regulations governing day, care centers/facilities and nursery schools set forth in § 165-75A and B, the following additional requirements shall be applicable to proposed day-care centers located within RA Districts:
[Added 11-4-2019 by L.L.
No. 6-2019]
(1)
The property on which a day-care center in an RA District is located
shall be at least five acres.
(2)
Such use in an RA District shall be on a parcel containing a minimum
of 150 feet of road frontage on a county or state road.
(3)
An applicant for a day-care center in an RA District must demonstrate
to the reviewing board sufficient availability of potable water and
sewage disposal facilities necessary for the maximum number of persons
to be located on the site.
(4)
Overnight parking shall be prohibited, except for any day-care facility
vehicles.
(5)
The proposed lot and location shall demonstrate safe and adequate
ingress/egress.
(6)
Hours of operation shall not exceed 6:00 a.m. to 7:00 p.m.
(7)
All signage shall be specifically authorized by the Zoning Board
of Appeals and shall demonstrate compatibility with the character
of the applicable neighborhood.
(8)
All applicants for a day-care center in an RA District shall submit
a business plan narrative addressing all aspects of the operation
of the day-care center, as directed by the Zoning Board of Appeals.
(9)
There shall be no outdoor storage associated with the day-care center
in an RA District, with the exception of playground equipment.
(10)
All trash receptacles shall be appropriately screened.
(11)
External lighting shall be downcast, shielded and night-sky
compliant. The Zoning Board of Appeals, as a part of any approval,
may determine a time upon which all lighting associated with the day-care
center shall be terminated for the evening.
Outdoor seating/assembly areas shall be subject to the following
additional requirements:
A.
Outdoor seating associated with a restaurant use may be permitted
only in the COMO, IO or VEO District.
B.
Along any sidewalk where parking of motor vehicles is permitted,
an additional eight feet of unobstructed space adjacent to the curb
is required to allow for discharging passengers and screening.
C.
The proposal for such uses shall also demonstrate a layout which
will not interfere with or obstruct pedestrian or vehicular traffic.
Outdoor amphitheaters shall be subject to the following additional
requirements:
A.
The site shall be located no closer than 300 feet to any residential
lot line or residential district boundary and shall contain at least
five acres of land.
B.
The design of the facility shall minimize light and noise disturbance
and comply at all times with 50 dBA noise levels measured at the property
line. The burden of proof for achieving thresholds below this level
is on the applicant.
C.
Parking and stacking areas shall be provided as required by this
chapter without obstruction to traffic on public streets.
Recreational vehicles shall be subject to the following additional
requirements:
A.
No recreational vehicle shall be used or maintained for living or
residential purposes in any district.
Restaurants shall be subject to the following additional criteria:
A.
Restaurants that use trademarked architecture and signage which identifies
the company by building design and sign features shall not be permitted,
unless the reviewing board(s) finds that such architectural features
and signage are consistent with the predominant architecture of the
area in which it is proposed to be sited.
Retail sales and service shall be subject to the following additional
requirements:
Vehicle sales areas shall be subject to the following additional
requirements:
A.
No such use shall be located within 100 feet of any residential district
boundary line as measured from the nearest property line.
B.
All vehicle sales areas shall require a suitable sales structure
associated with the business.
C.
Up to one vehicle may be allowed for every 2,000 square feet of lot
area.
D.
Subject to site plan review, an outdoor vehicle sales area shall
be surfaced with an asphalt, portland cement pavement or other approved
material providing an all-weather, durable and dustless surface and
shall be graded and drained to dispose of surface water accumulation
by means of a positive stormwater drainage system.
E.
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially developed property to block any view
of the operations and stored material and equipment from all points
on such residential property when viewed from six feet above ground
level.
G.
Vehicle sales areas shall be staffed during customary business hours.
A.
Subject to the applicable provisions of § 165-1F, all stables shall be subject to the following additional general requirements:
(1)
No odor- or dust-producing use, including the storage of manure,
shall take place within 150 feet of the nearest lot line.
(2)
No horses shall be kept in a structure that is closer to the nearest
lot line than 150 feet.
(3)
Fencing of four feet in height shall enclose a paddock and be no
closer than eight feet to a property line.
(4)
The criteria set forth in this section shall apply equally to both
horses and donkeys.
(5)
All required lot size minimums contained in this section shall include
usable pasture land as determined by the Codes Enforcement Officer.
B.
Required lot sizes.
(1)
The keeping of horses, donkeys and miniature horses or miniature
donkeys (not to exceed 38 inches in height, measured from ground to
the withers) is subject to the following lot size restrictions:
(a)
The lot must contain a minimum of three acres of usable pasture
land for up to two horses plus 1 1/2 acres of usable pasture
land for each additional horse and donkey.
(b)
The number of miniature horses or miniature donkeys kept on
lots of three acres or more shall not exceed six miniature horses
or miniature donkeys for three acres of usable pasture land, plus
one additional miniature horse or miniature donkey per additional
0.25 acre of usable pasture land.
(2)
Lots containing a combination of miniature horses/donkeys and other
horses/donkeys shall be a minimum of three acres of usable pasture
land for the first pair of miniature and other horse or donkey pair,
plus 0.25 acre of usable pasture land for each additional miniature
horse or miniature donkey and 1.5 acres of usable pasture land for
each additional other horse or donkey.
(3)
In determining whether the usable pasture land requirements in Subsection B(1) and (2) above have been satisfied, the countable usable pasture land utilized by an applicant to meet such requirements must be fenced and actually used to pasture horses and/or donkeys, as applicable, when they are not in their stables.
C.
Required stable sizes.
(1)
Stables housing miniature horses or donkeys, not to exceed 38 inches
in height, measured from ground to the withers, shall be a minimum
of 250 square feet for one miniature horse or miniature donkey, plus
an additional 200 square feet for each additional miniature horse
or miniature donkey. (May be unreasonably restrictive. Some horses
can be grouped into paddocks with a shared run-in shed.)
(2)
Stables housing all other horses or donkeys shall be a minimum of 450 square feet for one horse or donkey, plus an additional 350 square feet for each additional horse or donkey. [See comments in Subsection C(1).]
(3)
Stables housing a combination of miniature horses/donkeys and other horses/donkeys shall be a minimum of 650 square feet for the first miniature and other horse or donkey pair, plus 200 square feet for each additional miniature horse or miniature donkey and 350 square feet for each additional other horse or donkey. [See comments in Subsection C(1).]
(4)
The calculation of required stable square footage may include the
total square footage of the building(s) used to support horse keeping
on the residential lot, including but not limited to stalls, aisleways,
feed and tack rooms, loft storage and/or hay storage. Turnout sheds
with three sides and a roof may be counted toward total square footage.
Low-impact service businesses shall be subject to the following
additional requirements:
A.
The property on which the low-impact service business is located
shall be at least five acres.
B.
The low-impact service business shall be limited to a single existing
structure, and the use shall be contained entirely within that structure.
The owner must demonstrate that the existing structure is appropriate
for the use proposed.
C.
Any structure containing a low-impact service business shall be set
back at least 100 feet from the nearest residential property line.
F.
The hours of operation of the low-impact service business shall be
within the hours of 7:00 a.m. to 8:00 p.m.
G.
The low-impact service business shall be secondary to the residential
property use; it shall not be a primary use on the property.
H.
There shall be submitted a written operation/business plan for the
low-impact service business which shall include a summary that describes
the proposed use and hours of operation.
I.
There shall be no outdoor storage associated with the low-impact
service business.
J.
The property on which the low-impact service business is located
must be an owner-occupied property, and the low-impact service business
must be used, owned and operated by the owner of the residence.
K.
There shall be no more than one employee who is not a member of the
family residing on the premises.
L.
The noise levels from the nearest property line shall not exceed
50 dBA.
M.
There shall be no exterior lighting other than a single security
light attached to the building and shining down so as to not shine
or spill onto neighboring properties.
N.
There shall be no retail business or auto repair associated with
the low-impact service business.
O.
The Low Impact Service District shall not include the parking of
commercial vehicles on site.
P.
There shall be an annual inspection of the operations of the low-impact
service business conducted by the Town Codes Enforcement Officer.
Any low-impact service business found to be out of compliance with
these regulations is subject to revocation of approval by the ZBA.
A.
Keeping of animals on residential properties. Notwithstanding anything
in this chapter to the contrary, keeping of animals on residential
properties, not as part of a farm or private stable as such terms
are defined in this chapter, shall be allowed in any district in the
Town only upon approval by the Codes Enforcement Officer (through
the issuance of a certificate of compliance) subject to the following
requirements:
(1)
Large animals.
(a)
The minimum amount of land required for keeping large animals shall be no less than three acres for a single large livestock unit (LLU) or fractions thereof. One cow or bison shall be considered one LLU. Horses, donkeys, miniature horses and miniature donkeys shall be regulated under § 165-82 of this chapter and the keeping of chickens shall be regulated under § 165-82.3 of this chapter. The following shall be considered fractional LLUs (however, in all cases, such animals shall require a minimum lot area of three acres):
(b)
Any additional animals sought to be kept on such a lot of three
or more acres shall require the granting of a special use permit from
the Zoning Board of Appeals as set forth herein. For lots smaller
than three acres, the keeping of a large animal shall require the
granting of an area variance.
(2)
Small animals.
(a)
Small animals may be kept as a matter of right on lots no smaller than three acres and shall be subject to the provisions of this chapter. The number of small animals (geese, ducks and turkeys) shall not exceed a total of 16 for such three-acre (or larger) lot. Dogs and cats shall not be subject to the regulations of this section, but shall remain subject to all other provisions of this chapter, as applicable, including § 165-67 relating to animal daycares, kennels and shelters.
(b)
Any additional animals sought to be kept on such a lot of three
or more acres shall require the granting of a special use permit from
the Zoning Board of Appeals as set forth herein. For lots smaller
than three acres, the keeping of small animals shall require the granting
of an area variance.
(c)
When determining whether the size of a particular property is
sufficient for the keeping of animals under this section, only property
available for the exclusive use by the particular animal at issue
may be considered. No portion of the property shall be calculated
as supporting more than one type of animal simultaneously.
(d)
When determining whether a lot contains the amount of land required
for the keeping of animals as specified in this section, portions
of land not suitable for the specific type of animal proposed to be
kept on such land may be excluded from the calculation and lands used
for other purposes, such as private stables or public stables, may
also be excluded from the calculation.
(e)
Keeping of animals shall be considered an accessory use and
is permitted only as incidental to lots on which the principal use
is residential.
(f)
Notwithstanding any other provisions contained in this section,
and not including the keeping of animals maintained exclusively within
the home, the keeping of all other animals (i.e., those animals not
specifically denominated herein) is prohibited unless approved by
the Zoning Board of Appeals by special use permit.
(g)
All animals kept in accordance with this section shall be kept
in fenced pastures, pens, cages, coops, or shelters as deemed suitable
by the Codes Enforcement Officer at all times that said animals are
not leashed, haltered, or bridled and under the direct control of
the owner, or an authorized agent of the owner of the animals. Such
pens shall not exceed 5,000 square feet or 10% of the lot area, whichever
is greater, but in all cases must be of sufficient size to permit
free movement of the animals. These requirements may be modified by
the Zoning Board of Appeals by special use permit as provided below.
(h)
Buildings, pens, cages, coops, or other shelters housing animals
shall be located in such a manner as to observe the required yard
setbacks for the zoning district in which they are located, not less
than 100 feet from any lake, pond, river or stream, unless such body
of water is wholly contained on the same lot, and may not be located
in a front yard. No manure may be stored within 250 feet of any property
lot line or watercourse.
(i)
Any feed stored for consumption by animals kept under this section
shall be contained in bins (other than hay) capable of preventing
entrance by varmints.
(j)
The Zoning Board of Appeals may issue a special use permit for
keeping of animals in greater numbers or larger pens than the maximum
set forth above, provided that the applicant meets all conditions
and satisfies applicable special use permit criteria, that the Zoning
Board of Appeals finds that adequate open space and facilities for
the proper care of such animals are available or will be established,
and that maintenance of such animals will not interfere with the reasonable
use and enjoyment of the property of others.
(k)
The killing or slaughter of animals kept under this section
shall be limited to killings or slaughters undertaken for private
use by the occupants of the premises, and is prohibited outside of
enclosed buildings. Waste materials from the slaughter of such animals
shall be disposed of immediately in a clean and sanitary manner.
(l)
In keeping of animals on a property, no person shall knowingly
interfere with the reasonable use and enjoyment of the property of
others or disturb any adjoining properties or environmentally sensitive
areas.
(m)
No person shall be permitted to keep animals as regulated in this
section prior to the issuance of a certificate of compliance from
the Codes Enforcement Officer.
Keeping of chickens on residential properties. Notwithstanding
anything in this chapter to the contrary, keeping of chickens (not
as part of a farm as such terms are defined in this chapter) shall
be allowed in any district in the Town only upon approval by the Codes
Enforcement Officer (through the issuance of a certificate of compliance),
subject to the following requirements:
A.
General requirements.
(1)
No person shall have, own, permit or otherwise possess a rooster
on their property.
(2)
The killing or slaughter of chickens is limited to killings
or slaughters undertaken for private use by the occupants of the premises,
and is prohibited outside of enclosed buildings. Waste materials from
the slaughter of such animals shall be disposed of immediately in
a clean and sanitary manner.
(3)
Unless as part of a farm, as defined in this chapter, the use
and consumption of such chickens and their eggs is limited to the
occupants of the premises and shall not be sold.
(4)
Keeping of chickens shall be considered an accessory use and
is permitted only as incidental to lots on which the principal use
is residential.
(5)
The provisions of this section shall not apply to raising chickens
on farms.
B.
Lot size and density restrictions.
(1)
Raising chickens is not permitted on lots smaller than three
acres unless the property owner obtains an area variance from the
Zoning Board of Appeals.
(2)
The number of chickens on any lot (three acres or larger) shall
not exceed 16 unless a special use permit is granted by the Zoning
Board of Appeals.
C.
Location restrictions and planning. In reviewing an application for
a certificate of compliance, the Codes Enforcement Officer must find
that the proposed use meets all of the following requirements:
(1)
Any premises used for keeping of chickens shall include a manure
management plan so as to ensure that chickens are kept only in conditions
that effectively limit odors and noises, while also avoiding attraction
of insects and rodents, so as not to cause a nuisance to occupants
of nearby buildings or properties and so as not to cause health hazards.
(2)
All chickens shall be provided with a covered, predator-proof
coop, pen, cage or other shelter that is thoroughly ventilated, designed
to be easily accessed and cleaned, and of sufficient size to permit
free movement of the chickens, exclusive of areas used for storage
of materials or vehicles. Chickens shall not be allowed to roam the
premises outside of such shelters. Any mobile structure or shelter
used for rotational use of a property for the keeping of chickens
shall be deemed a structure under this chapter.
(3)
The total area of all coops or cages on a lot shall not be greater
than 10% of the parcel.
(4)
Any coop, pen, cage, fence or other shelter used for keeping
of chickens shall be located in such a manner as to observe the applicable
required yard setbacks for the zone in which it is located and shall
be prohibited in a front yard.
(5)
No chickens, coops, pens, cages, fences or other shelters are
permitted on a lot within 100 feet of any lake, pond, river or stream,
unless such body of water is wholly contained on the same lot.
(6)
The coop, pen, cage or other shelter must be placed on a location
on the lot so as not to harm adjoining properties or environmentally
sensitive areas.
A.
In addition to the standards for the issuance of a special use permit under § 165-114, an application for (an) additional accessory structure(s) on any lot in the Town shall demonstrate and the Zoning Board of Appeals must find the following additional requirements:
(1)
The property on which the additional accessory structure(s)
will be located must be properly sized for the siting of the intended
structures.
(2)
The overall property and structures must have proportionality
such that the accessory structures must be secondary and the additional
accessory structures allowed must not dominate the property.
(3)
Such other materials the reviewing board deems necessary upon
which to determine the impact of such specially permitted use shall
be submitted.
[Added 5-13-2019 by L.L.
No. 3-2019]
Luxury camping, luxury tenting (glamping) shall be allowed only through the issuance of a special use permit granted by the Zoning Board of Appeals pursuant to § 165-114 and upon the granting of a site plan approval by the Planning Board pursuant to Chapter 133 and shall be further subject to the following additional requirements:
A.
General requirements.
(1)
Such use shall be a portion of a recreational or entertainment
mixed use on the applicable property and shall not be a stand-alone
campground.
(2)
The glamping use shall be located only upon those parcels located
and fronting on the northside of U.S. Route 20 and further being only
those parcels located between the eastern boundary of the Village
of Cazenovia and the western boundary of the Town of Nelson (more
particularly being those parcels currently zoned as within the Commercial
Overlay (CO) District, Rural A (RA) District and Rural B (RB) District).
(4)
An approved luxury camping, luxury tenting (glamping) use shall
feature the use of luxury tents for limited overnight accommodations
associated with the property, which provide a platform surface for
each tenting structure, shall include furniture, including a king
or queen-sized bed, and occur within a canvas or similar-style of
tent with minimum tenting dimensions of 12 feet long by 16 feet wide
and 10 feet high at the peak.
(5)
A luxury camping, luxury tenting facility shall be conducted
on parcels with a minimum acreage of 40 acres.
(6)
A luxury camping, luxury tenting facility approved under this
section shall be nonpermanent in nature and seasonal (April through
November).
(7)
Use of generators shall be limited between the hours of 6:00
a.m. to 9:30 p.m. When generators are proposed, each application shall
demonstrate an acceptable method of noise abatement (enclosure or
alternate noise mitigation/attenuation system) to the satisfaction
of the Zoning Board of Appeals.
(8)
The luxury camping, luxury tenting facility plan shall provide
for appropriate sewage disposal facilities, as determined by the Zoning
Board of Appeals and approved by the Madison County Department of
Health.
B.
Density. The luxury tenting or glamping facility shall not exceed
a density of camping sites per acre as set forth by the Zoning Board
of Appeals as part of the special use permit process and shall achieve
the lowest density that will preserve the character of the area and
the site. No luxury tent shall provide overnight accommodations for
more than four individuals.
C.
An application for a glamping facility shall include the submission
of written detailed narrative of the use, including all aspects of
same; hours of operation, proposed lighting, access, sewage disposal,
parking, noise and all other features. The applicant shall also prepare
and submit a detailed site plan depicting all features of the proposed
use and existing uses, including land contours.
D.
Lighting.
(1)
All external lighting associated with the glamping facility shall be downcast lighting and dark sky compliant (subject to Chapter 133), which lighting shall include shielding.
(2)
All external lighting shall be extinguished by 9:30 p.m.
(3)
Where appropriate, the applicant shall propose and incorporate
the use of solar and battery powered energy for the luxury tenting
use.
(4)
No lighting shall spill onto surrounding properties or adjacent
highways.
E.
Approval of any luxury camping, luxury tenting facility shall require
proof of the continuous onsite presence of a night manager for such
use, which night manager shall be accountable to the property owner
and to the Town Code Enforcement Office by providing appropriate contact
information, including a twenty-four-hour telephone number.
F.
The luxury camping, luxury tenting facility shall demonstrate appropriate
fire extinguishment capabilities for the use.
G.
The luxury camping, luxury tenting application narrative shall address
all safety features of the use for the Zoning Board of Appeals' consideration.
H.
A special use permit issued for a luxury camping, luxury tenting
use shall be issued for a period not to exceed one year with renewal
scheduled 60 days in advance of the upcoming season.
I.
Parking.
(1)
The luxury camping, luxury tenting application shall provide
and address designated parking areas, demonstrating properly sized
parking spaces, with sufficient distance from the camping area and
from surrounding property lines.
(2)
Parking shall be designed in such a manner so as not to cast
light onto surrounding properties or onto oncoming traffic. Vehicles
shall not be allowed to idle on-site.
J.
Noise.
(1)
The Planning Board shall request and be provided with detailed
information relative to sound impacts associated with the luxury camping,
luxury tenting use.
(2)
No amplified sound shall be allowed in association with an approved
luxury camping, luxury tenting use.
(3)
Noise levels from the nearest property line from the luxury
camping, luxury tenting use shall not exceed 50 dBA.
K.
There should be no outdoor storage associated with the luxury camping,
luxury tenting use, nor shall personal effects be left outdoors, including
food or beverages.
L.
Appropriate waste facilities shall be demonstrated on the plan.
M.
Appropriate shower facilities shall be provided by the applicant.
N.
There shall be no retail business associated with the luxury camping,
luxury tenting use.
O.
Inspections and compliance.
(1)
The Town of Cazenovia Code Enforcement Officer will be provided
access to the luxury camping, luxury tenting facility at all times
for inspections and compliance with any conditions issued by the Zoning
Board of Appeals.
(2)
Annual inspection of the operations of the luxury camping, luxury
tenting use are to be conducted by the Town of Cazenovia Code Enforcement
Officer.
(3)
Any luxury camping, luxury tenting use found to be out of compliance
with these regulations are subject to nonrenewal or revocation by
the Zoning Board of Appeals.
P.
All aspects of the luxury tenting use shall be set back 200 feet
from the nearest residential property line.
