The standards and requirements applying to all districts regulate
activities, uses, structures and conditions that may be present on
a property whether or not a principal structure or use is present.
These requirements contribute to and promote the health, safety, comfort,
beauty, conveniences and/or necessities of the property's occupants,
the immediate neighborhood and the Cazenovia community.
A.
Minimum requirements. In addition to other requirements outlined
in this and other chapters, all permitted and specially permitted
uses, activities, conditions and/or structures shall comply with the
following minimum requirements. All permitted and specially permitted
uses, activities and structures shall:
(1)
Be carried on only in buildings and structures in such a manner to
maintain the property free of fire hazards, flooding and other dangers.
(2)
Be conducted wholly within an enclosed structure, except where specifically
exempt in this chapter or as expressly permitted by action from the
Town body having jurisdiction.
(3)
Adhere to the standards and requirements specified in this and other
chapters as they relate to, but not limited to, architecture and site
design, parking, drainage, sanitary provisions and safe access.
(4)
Be accessible to disabled persons in accordance with the Americans
with Disabilities Act and maintain adequate parking and provide for
disabled persons in accordance with the Americans with Disabilities
Act.
(7)
Maintain the entire property and improvements thereon in a clean,
sanitary and safe manner as required in this and other chapters and
any other Town, county, state or federal requirements.
B.
Determination of compliance with requirements.
(1)
During the review of an application for any zoning or land use approval,
the applicant shall be required to submit data and evidence documenting
that the proposed activity, facility or use will comply with the provisions
of this chapter.
(2)
In reviewing such documentation, the Town may seek the assistance
of any board or agency of the Town and any public agency having jurisdiction
or interest in the particular issues, and the Town may seek advice
from a qualified expert.
(3)
All reasonable costs of the expert's review and report shall be paid
by the applicant.
(4)
A negative report by the expert and the applicant's refusal or inability
to make alterations to ensure compliance with this section may be
a basis for denying approval of the application when supported in
the record.
C.
Review and approval. The reviewing board may modify any requirement
imposed by this article when it finds such action is warranted by
reason of the unique physical conditions of the particular property
or by reason of the particular character of surrounding properties,
provided the modification will not materially alter the intent of
the requirement.
All building mechanical systems, including but not limited to
air-conditioning units, exhaust systems, communications equipment,
satellite dishes, fire escapes, elevator housings, and other similar
elements, shall be integrated into the overall design and character
of the structure and site, with care to remotely locate or screen
the same from adjoining uses.
A.
Dumpsters. Dumpsters must be completely screened from view from any
abutting residence, residential district, public street or walkway
with screening that is at least as tall as the dumpster. This provision
shall apply to all dumpsters, including those used for the collection
and storage of recyclable materials, whether public or private.
B.
Refuse collection areas.
(1)
Refuse areas and similar facilities shall be completely enclosed
within a masonry wall or fence that is compatible with the building
materials and shall be at least four feet high on three sides while
maintaining a one-hundred-percent visual blockage on all three sides
and a self-closing gate on the fourth side of the same or compatible
material with the other sides. All screening shall be maintained in
such manner as to present a neat and orderly appearance at all times.
(2)
Refuse areas shall have hardened, stabilized surfaces constructed
to prevent accumulation of stormwater runoff.
(3)
All refuse collection areas shall be at the side or rear of the structures.
All refuse collection areas shall be effectively designed to contain
all refuse generated on site and deposited between collections.
(4)
Refuse shall not be visible from outside the refuse enclosure.
(5)
Refuse collection areas shall be so located upon the lot as to provide
clear and convenient access by refuse collection vehicles.
A.
In the case of a corner lot, each yard abutting a street shall have
a minimum depth equal to the front yard depth of the adjacent lot
on the same street or the front yard depth required for the district
in which such adjacent lot is located, whichever is the greater, and,
unless specifically provided elsewhere in this chapter, shall be unoccupied
except for fences and/or other decorative or landscaping use.
B.
Each other yard of such corner lot shall have a minimum width equal
to the width of the side yard which it adjoins or the side yard width
of the district in which such adjoining side yard is located, whichever
is the greater.
A.
Purpose and treatment. It is the intent of this section to encourage quality landscape design, construction and maintenance for the purposes of environmental preservation; heat, glare and wind reduction; site beautification; and buffering or screening. For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping, water features and environmental improvement, which may include existing and new vegetation, berms, lighting, site and street furnishings and ornamental features which are integrated with the vegetation. The following standards shall be considered minimum standards, shall be observed for all projects and shall be read in conjunction with Chapters 133 and 146A (where applicable) of the Code.
B.
General requirements.
(1)
In general, site design shall preserve existing natural features
and trees of 12 inches or more in caliper while serving to safely
and efficiently allow for the intended use of the property in a manner
compatible with adjoining properties.
(2)
All landscaping and lawn areas shall be maintained. Dead material
shall be replaced, and plant material shall be regularly pruned and
nourished to maintain health.
(3)
Where buffering and screening is required, these design guidelines
shall be considered minimum requirements due to the critical nature
of these landscape applications.
(4)
Erosion control plans shall be incorporated into all landscape plans and as required per Chapter 140.
(5)
Buffer yards.
(a)
In addition to standard setbacks and the planting requirements outlined in this section and Chapter 133, additional buffer yards shall be used to establish a greater separation where dissimilar land uses are located adjacent to each other. Careful site planning can minimize the need for constructed buffer yards by the preservation of natural topographic features, preservation of vegetation and sensitive location of site improvements and land uses.
(b)
The type and extent of plantings, fencing and walls required
for buffer yards shall be proportionally greater for increased degrees
of incompatibility among adjacent land uses.
A.
Location of required loading spaces. Loading spaces shall be located
on the same lot as the building or structure to which they are accessory.
B.
Required spaces. Loading spaces shall be provided in sufficient number
and of sufficient size so that no loading and unloading operations
infringe upon any street or sidewalk.
A.
Location of required parking. A parking area or lot shall be located
on the same lot as the building, structure or use to which the spaces
are accessory.
B.
Change in use or intensity.
(1)
Whenever a use existing on the effective date of this chapter is
changed to a new use, parking facilities shall be provided as required
for such new use.
(2)
Whenever the intensity of use of any building, structure or use is
increased, parking facilities shall be provided for such increase
in intensity of use.
(3)
All new or substantially modified properties or uses shall provide,
to the maximum extent possible as part of the site plan review process,
shared or connected parking with adjoining properties as well as shared
or combined access from the streets.
C.
Measurement and computation.
(1)
Computation of required spaces.
(a)
In stadiums, sports arenas, churches and other places of assembly
in which patrons or spectators occupy benches, pews or other similar
seating facilities, each 18 inches of such seating facility shall
be counted as one seat for the purpose of determining the requirement
for off-street parking facilities under this chapter.
(b)
When parking spaces are required on the basis of the number
of faculty, staff, students or employees, the maximum number which
may be present at any one time shall govern.
(2)
Uses not specified. For uses not expressly listed in this section,
parking spaces shall be provided on the same basis as required for
a similar listed use as determined by the CEO using the ITE Parking
Generation Manual, 3rd Edition, as amended, and/or superseded and
local conditions.
D.
Required parking spaces schedule.
|
Structure
|
Number of Parking Spaces
(minimum)
| ||
|---|---|---|---|
|
Single- and two-family dwellings
|
2 for each dwelling unit
| ||
|
Multiple-family dwellings
|
2 for each dwelling unit
| ||
|
Bed-and-breakfast
|
1 per guest room plus 1 for owner
| ||
|
Motels and hotels
|
1 for each guest bedroom
| ||
|
Churches, auditoriums, theaters, funeral homes and other places
of public assembly
|
1 for each 3 seats at maximum capacity
| ||
|
Offices
|
1 for each 150 square feet of gross floor area
| ||
|
Stores and shopping centers:
| |||
|
0 to 50,000 square feet of gross floor area
|
1 for each 150 square feet of gross floor area
| ||
|
50,000 to 150,000 square feet of gross floor area
|
357, plus 1 for each 165 square feet of gross floor area in
excess of 50,000 square feet
| ||
|
150,000 to 400,000 square feet of gross floor area
|
963, plus 1 for each 270 square feet of gross floor area in
excess of 150,000 square feet
| ||
|
400,000 square feet of gross floor area and up
|
1,890, plus 1 for each 285 square feet of gross floor area in
excess of 400,000 square feet
| ||
|
Industrial or manufacturing
|
1 for each 500 square feet of gross floor area
| ||
|
Warehousing
|
2 for each employee
| ||
|
Restaurants, cafes
|
1 for each 60 square feet of gross floor area
| ||
|
Other commercial enterprises
|
1 for each 300 square feet of gross floor area
| ||
|
Hospitals and nursing homes
|
1 for each 4 patients or residents
| ||
(1)
Up to 25% of the parking spaces required in this section for an office
use may be landscaped and reserved for future parking upon approval
of the reviewing board and subject to the following conditions:
(a)
The parking reserve plan shall show the location and layout
of the parking held in reserve, and all other parking and access,
together with all stormwater facilities which shall be sized to accommodate
the reserve parking and any other amenities that would be necessary
if the reserved parking were built.
(b)
The applicant shall also submit competent information to justify
the reservation.
(c)
If any of the reserve parking is to be constructed, initiated
by the applicant or as provided for below, the applicant shall first
obtain site plan review approval from the Planning Board.
(d)
Within 30 days from the date of a written notice from the CEO,
based upon the CEO's observation that parking at the facility is insufficient,
the applicant/owner of the facility shall file an application for
site plan review or amended site plan review, as appropriate. The
applicant/owner shall diligently pursue such approval and subsequent
construction of additional parking as may be required by site plan
review. The observation that parking has become insufficient shall
include the following or similar circumstances: (a) regular or significant
numbers of vehicles parked in unapproved areas of the site; (b) off-site
parking on neighboring properties; or (c) parking on public streets.
Such evidence must be of a continuous nature rather than a single
occurrence (e.g., some special event or a "renegade parker").
(2)
In residential districts:
(a)
No parking shall be located in the required front yard setback
except in a legal driveway that provides access to the residence and
further subject to this chapter.
(b)
In no event shall a motor vehicle or trailer over 22 feet long,
or tractor-trailer cab regardless of length, be parked on any public
highway, right-of-way or parcel of land.
(3)
For all nonresidential districts, parking shall be discouraged between
a structure and the street and shall be subject to site plan approval.
(4)
Maneuvering space. Maneuvering space shall be located completely
off the right-of-way of a public street, place or court unless otherwise
approved by the appropriate authority.
(5)
Pedestrian circulation. A continuous internal sidewalk and/or pathway
of five feet or more in width shall generally be provided from the
walkway along the parking area to the principal entrance(s) of any
structure, together with linkage to adjacent properties in a continuous
path compliant with the Americans with Disabilities Act (ADA) standards.
(6)
Space sizes. The following minimum standards shall apply to the width
and length of required parking spaces:
|
Type of Parking
|
Angle
|
Stall Length
|
Stall Width
|
Aisle Width
| |
|---|---|---|---|---|---|
|
Traditional
|
90°
|
19'-00"
|
9'-06"
|
24'-00"
| |
|
Traditional
|
60°
|
21'-00"
|
9'-06"
|
One-way: 18'-00"
| |
|
Traditional
|
45°
|
19'-10"
|
9'-06"
|
One-way: 13'-00"
| |
|
Handicapped*
|
90°
|
19'-00"
|
9'-06"
|
24'-00"
| |
|
Handicapped*
|
60°
|
21'-00"
|
9'-06"
|
One-way: 18'-00"
| |
|
Handicapped*
|
45°
|
19'-10"
|
9'-06"
|
One-way: 13'-00"
|
|
Notes:
| |
|---|---|
|
Vertical clearance equals or exceeds 7'-00".
| |
|
* Loading area abutting stall shall be 8-'00" wide.
|
(7)
Surface.
(a)
Off-street parking lots shall be constructed in such a manner
as to provide an all-weather, durable and dustless surface. Individual
stalls shall be clearly identified by markings no less than four inches
in width.
(b)
Parking surfaces shall be graded and drained to an approved
drainage system to dispose of all surface water accumulation in the
area without shedding additional water on an adjoining property or
right-of-way.
(c)
Interior catch basins linked to an approved drainage system
shall be used.
A.
Minimum number of spaces. In addition to minimum parking requirements
established in this chapter, the following stacking or queuing areas
are required:
|
Activity Type
|
Minimum Stacking Spaces Per Lane or Stall
|
Measured From
| |
|---|---|---|---|
|
Automated teller machine
|
4
|
Teller
| |
|
Bank teller lane
|
5
|
Teller or window
| |
|
Car wash stall, self-service
|
3
|
Entrance
| |
|
Gasoline pump island
|
2
|
Pump island
| |
|
Pharmacy
|
4
|
Window
| |
|
Restaurant drive-through
|
6
|
Order box
| |
|
Restaurant drive-through
|
4
|
Order box to pick-up window
| |
|
Oil change and/or quick lubrication
|
3
|
Per bay
| |
|
Other
|
Determined by CEO
|
The following apply to outdoor storage:
A.
Residential districts (RA and LW&RC Districts).
[Amended 2-10-2020 by L.L. No. 1-2020]
(1)
Outdoor storage shall be prohibited in the front yard except as noted
herein.
(2)
Machinery and equipment may only be parked or stored indoors, except
for farm equipment as part of a state-certified farm operation under
the Agriculture and Markets Law.
(3)
Personal use vehicles, commercial vehicles under 26 feet in length
(including all attachments and appurtenances) and personal use recreational
vehicles may be parked or stored indoors or in the front yard or side
yard, provided the vehicles are:
(a)
Located on a permitted driveway or related apron no closer than
five feet to a fully screened property line;
(b)
Inspected, registered and licensed, except for farm equipment
as part of a state-certified farm operation under the Agriculture
and Markets Law and operated pursuant to New York State Department
of Transportation laws and regulations; and
(c)
No more than 14,000 pounds of gross vehicle weight.
(4)
For all other yards, stored materials incidental and accessory to
the principal structure shall be enclosed in a structure or screened
from the public right-of-way and from adjacent properties.
B.
Rural B Districts.
(1)
Outdoor storage shall not be allowed in the front yard, except for
farm equipment as part of a state-certified farm operation under the
Agriculture and Markets Law.
(2)
Outdoor storage shall not occupy more than 5% of the entire lot area
and shall meet the following criteria:
(a)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
uses.
(b)
Screening shall be of sufficient height and density to completely
hide the storage from public view.
(c)
All screening shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
C.
All districts. With the exception of Industrial Overlay Districts,
outdoor storage shall only be allowed as an accessory use and shall
always be screened from neighboring properties and public viewpoints.
In Industrial Districts, outdoor storage shall be maintained in a
neat and orderly fashion to create the smallest impact to adjoining
owners.
A.
The storage of junk motor 0vehicles, equipment and unlicensed vehicles
is prohibited in all districts, subject to this section. The fact
that a motor vehicle which is located on a property other than an
approved facility for vehicle sales or a commercial garage or does
not display a current motor vehicle registration or license plate
shall be presumptive evidence that such motor vehicle is not in condition
for legal use upon the highways and is therefore prohibited. With
respect to any motor vehicle or equipment not required to be licensed
or a motor vehicle not usually used on public highways, the fact that
such motor vehicle or equipment is not in condition to be removed
under its own power shall be presumptive evidence that such motor
vehicle or equipment is a junk motor vehicle unless refuted by verifiable
and credible proof; the burden of such proof is on the property owner.
B.
In an RA, RB and/or LW&RC District, the keeping of unlicensed
motor vehicles in operating condition or junk motor vehicles or equipment
may be permitted if the following conditions are met:
C.
In districts other than an RA, RB and/or LW&RC District, the
keeping of unlicensed motor vehicles in operating condition or junk
motor vehicles or equipment may be permitted if approved as a commercial
garage or vehicle sales facility as provided for elsewhere in this
chapter.
A.
In order to ensure that all vehicle service stations, commercial
garages, vehicle sales areas and/or any businesses which are licensed
by the State of New York to conduct motor vehicle inspections, repairs
or vehicle sales operations (hereinafter collectively referred to
as "vehicle businesses") are in conformance with the requirements
of this Code, and approvals of the Zoning Board of Appeals and/or
Planning Board at the time the use was originally permitted or amended,
within two years of the enactment of this code, the vehicle business
shall be required to obtain a certificate of compliance from the CEO
for the continued operation of its business in the Town.
B.
The CEO shall take into account the following criteria before issuing
a certificate of compliance:
(1)
All required State of New York licenses are current and valid.
(2)
There are no outstanding violations of state, county, Town laws and/or
this code.
(3)
All uses and improvements are approved and permitted.
(4)
That the vehicle business is in full compliance with any previously
approved site plan or special use permit. This compliance includes:
(a)
The specific use that was contemplated by the previous approval
is the current use and has not been altered and/or expanded.
(b)
The construction/improvements contemplated by the previous approval
have been completed and are being maintained in accordance with governing
regulations and approved site plan.
(c)
Any restrictions and/or conditions of the previous approval
are being complied with.
(5)
That the vehicle business previously received Zoning Board of Appeals
and/or Planning Board approval, if required.
C.
If a certificate of compliance is not issued by the CEO, the owner
and/or operator of the vehicle business shall receive written notice
of the reasons for nonissuance and shall either cease doing business
within 90 days of notice from the CEO that no certificate will be
issued or shall apply for appropriate approval from the Zoning Board
of Appeals and/or Planning Board within 90 days of notice and obtain
approval and implement a site plan and associated construction/improvements
within an additional six months of such notice.
Except as otherwise expressly provided in this section, temporary
uses are permitted in those districts as identified in this chapter,
subject to the standards hereinafter established.
A.
Particular temporary uses permitted. Application must be made to
the Town Codes Enforcement Officer (CEO), which may issue such permit(s)
for the allowable uses in this section, setting forth in the permit
any conditions or requirements which will be applicable to the temporary
use.
(1)
Temporary art and craft show, festival, show, exhibit or sale by
not-for-profits.
(a)
A temporary outdoor festival, art and craft show, exhibit or
sale may be permitted in any district by any not-for-profit organization
when approved by the CEO on the basis of the adequacy of the parcel
size, parking and traffic access and the absence of any undue adverse
impact on surrounding properties and districts.
(b)
Such use shall be limited to one event for a period not to exceed
three consecutive days per event and no more than two events per year.
(c)
The hours of operation shall be limited to 8:00 a.m. to 10:00
p.m.
(d)
Such use need not comply with the front yard requirements of
this chapter, except that structures or equipment that might block
the view of operators of motor vehicles on the public streets shall
not be located within 30 feet of the intersection of the curblines
of any two streets.
(e)
Such use need not comply with the maximum height requirements
of this chapter.
(f)
A temporary indoor art or craft show, festival, exhibit or sale
may be permitted in any nonresidential district or in any public park
in a residential district, subject to prior approval by the CEO. Such
use shall be limited to a period not to exceed three consecutive days
per event and no more than two events per year.
(g)
The Codes Enforcement Officer may at any time refer the application
to the Zoning Board of Appeals for approval consistent with these
criteria.
(2)
Real estate office, contractor's office, equipment shed and construction
staging areas.
(a)
Real estate offices.
[1]
Real estate offices containing no sleeping or cooking accommodations
unless located in a model dwelling unit may be permitted in any district
when accessory to a new housing development.
[2]
Such use shall be limited to the period of the initial active
selling or leasing of dwelling units in such development.
(b)
Contractors' offices, equipment sheds and construction staging
areas containing no sleeping or cooking accommodations may be permitted
in any district when accessory to a construction project. Temporary
storage shall be allowed as an accessory use to the contractor's office
or equipment shed.
(c)
Such uses shall be limited to a period not to exceed the active
duration of such project.
(3)
Seasonal sales.
(a)
Seasonal sales, including, but not limited to, Christmas tree
sales, may be permitted in any nonresidential district and in any
residential district by any not-for-profit group or organization when
conducted by such group or organization when approved by the CEO on
the basis of the adequacy of the parcel size, parking provisions and
traffic access and the absence of undue adverse impact on surrounding
properties and districts. Such sales shall be limited to one event
per organization each year.
(b)
Such use shall be limited to a period not to exceed 45 days.
(c)
Display of Christmas trees need not comply with the yard and
setback requirements of this chapter, except that no tree shall be
displayed within 30 feet of the intersection of the curblines of any
two streets.
(4)
Temporary outdoor sales for businesses.
(a)
A temporary outdoor sale may be permitted on the premises of
the operating business in RB, COD, HOD, HCBO and IOD Districts by
the CEO, depending on the adequacy of the lot size, parking provision,
and traffic access and the absence of any undue adverse impact on
the neighboring properties and districts.
(b)
Such use shall be limited to one event for a period not to exceed
seven consecutive days each year.
B.
Parking. The CEO shall review the applicant's assessment of the total
number of off-street parking spaces which shall be reasonably required
for the particular temporary use, its intensity, and the provision
of additional parking facilities in the area and may approve such
temporary use only if such off-street parking is provided.
C.
Period of operation.
(1)
A
temporary use shall be operated only during those hours or on any
days of the week as specified in this section and as approved by the
CEO on the basis of the nature of the temporary use and the surrounding
uses.
(2)
Each not-for-profit organization or for-profit business shall be
limited to one temporary use per calendar year, unless noted otherwise
in this section.
A.
Purpose.
(1)
The purpose of this section is to provide standards for the regulation
of the height, size, location, message, appearance and maintenance
of signs to:
(a)
Protect and enhance property values and neighborhood character.
(b)
Protect public and private investment in structures and open
spaces.
(c)
Preserve and improve the appearance of the Town as a place to
live and work and as an aid to visitors.
(d)
Encourage sound signing practices to identify businesses, institutions
and facilities.
(e)
Prevent excessive and confusing sign displays.
(f)
Reduce distractions to motorists and pedestrians.
(g)
Protect the public health, safety and general welfare.
(2)
Signage shall be designed and located to convey the identity of the
principal use or service in a simple manner with care to complement
the architectural integrity of the structure(s).
B.
Requirements.
(1)
No advertising or display sign or external evidence of occupation
shall be erected or used in a residential zone (RA, LWOD) except as
follows:
(a)
A nonflashing professional or announcement sign not more than
three square feet in area associated with a permitted use on that
premises.
(b)
A nonilluminated temporary advertising sign for the sale or
rental of the property on which it is located not more than 12 square
feet in area.
(c)
A nonflashing advertising sign, not more than eight square feet
in area, for the sale of products grown or produced on the premises
upon which the sign is located and which is associated with a permitted
use.
(d)
This provision shall not apply to political signage, which signage
may be erected no earlier than 30 days prior to the applicable election
day and shall be removed within seven days after the applicable election
day.
(2)
No detached advertising or display sign, illuminated or otherwise,
shall be erected or used in a commercial district unless such sign
or billboard advertises goods or services for sale on the premises,
is not over 24 square feet in area and is located at least 15 feet
from the nearest street right-of-way line.
(3)
All signs shall bear the name and address of the owner.
C.
Procedure. A sign permit may be issued by the CEO upon application
unless site plan review is required or unless a variance is necessary
pursuant to law.
(1)
A sign permit is required for a sign, including the alteration or
replacement of a sign message, as described herein unless noted otherwise.
(2)
For a multitenant facility or multistructure complex, site plan review
for all signage for the entire facility or complex shall be obtained
prior to issuance of a sign permit.
(3)
A sign permit shall be granted only if the subject property is found
to be in compliance with Town zoning requirements and structure and
property maintenance codes.
(4)
For commercial real estate signs, an annual commercial real estate
sign permit shall be obtained from the CEO in order to install or
maintain one or more CRE signs. Each commercial parcel shall be limited
to one sign no greater than 24 square feet in total area.
D.
Prohibited posting.
(1)
No person shall place or attach to or in any manner connect to any
tree, lamppost, utility pole, road sign, hydrant or box covering the
same on any Town highway, Town land, in any Town right-of-way or on
other public rights-of way or land any bill, placard, poster, notice,
letter, picture or character of any kind.
(2)
No sign shall be painted, placed or constructed directly on or project
from or over a roof.
(3)
No sign shall be painted upon or otherwise affixed to any rock, ledge
or other natural feature.
(4)
Unless explicitly permitted, a sign shall be considered to be prohibited.
E.
Sign location.
(1)
No sign shall be located where it interferes with or obstructs the
view or free passage of pedestrian or vehicular traffic, and signs
shall not be located in the public right-of-way.
(2)
No detached sign shall be closer than 15 feet to an adjoining residential
lot line.
(3)
Each sign shall be located within the subject property boundary and
shall not project beyond the same.
F.
Design standards.
(2)
Sign area.
(a)
The area of a sign shall be measured as the area enclosed by
a series of lines forming a rectangle around all parts of the display,
including all lettering, logo, graphics and any background that is
different from the sign band of the wall or supporting material.
(b)
For a detached sign having two visible faces, the sign area
shall be measured as specified herein and shall not include the area
of the second face, provided the design replicates that of the first
face and the detached sign is perpendicular to the street.
G.
Vacant and unoccupied lands. In all districts, all temporary advertising
signs of a political, civic, philanthropic, educational or religious
nature may be erected and used on vacant or unoccupied property upon
the granting of a CEO letter of approval, provided that such signs
are not attached to fences, trees, utility poles or the like or located
on public property. Said signs may not be placed in a position that
will obstruct or impair vision of traffic or in any manner that will
create a hazard to the welfare of the general public. The authority
to allow for such temporary signs specifically relates to an activity
or an event with a certain date and/or limited duration and is not
intended to allow for permanent placement of such signs. In addition,
the following shall apply:
(1)
All such signs must be thoroughly anchored, continually maintained
in a clean, neatly painted condition and free from all hazards, such
as but not limited to faulty wiring and loose fittings or fasteners.
(2)
Applicants for a temporary letter of approval must obtain the written
consent of an owner of the vacant or unoccupied property upon which
the sign(s) are to be placed, and the written consent of the owner
must indicate that no remuneration of any kind is or will be received
for the placement of such signs.
(3)
All
such signs shall be erected no earlier than 30 days prior to an activity
or event and shall be removed within seven days after the particular
activity or event is concluded.
(4)
In
the event that the CEO determines that a sign or signs impair the
vision of traffic or in any manner creates a hazard to the welfare
of the general public such that there is imminent peril, it may eliminate
the danger by moving or removing the sign(s) in violation.
H.
Maintenance of signs.
(1)
Every sign shall at all times be maintained in a safe and structurally
sound condition. Signs that do not comply with adequate safety standards
shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained, including the replacement of
worn parts, painting and cleaning.
(3)
The full number of illuminating elements of a sign shall be kept
in working condition or immediately repaired, replaced, or all lighting
turned off.
I.
Abandoned signs.
(1)
Except as otherwise provided in this chapter, any sign which is located
on property which becomes vacant and unoccupied for a period of 45
days or more, or any sign which pertains to a time, event or purpose
which no longer applies, shall be deemed to have been abandoned.
(2)
Abandoned signs are prohibited and shall be removed or have the complete
message removed by any method by the owner of the sign or owner of
the premises.
J.
Off-site signs and billboards. In consideration of the goals to protect
and enhance property values and neighborhood character; protect public
and private investment in structures and open spaces; preserve and
improve the appearance of the Town as a place to live and work and
as an aid to visitors; encourage sound signing practices to identify
businesses, institutions and facilities; reduce distractions to motorists
and pedestrians and protect the public health, safety and general
welfare; and specifically recognizing the adverse impact of the herein
prohibited signage on the preservation of the appearance of the Town
of Cazenovia and the potential for distractions to motorist and pedestrians,
in addition to any other signs which may be otherwise regulated or
prohibited by this Code, the following signs are prohibited:
A.
Excavation and grading necessary for the construction of a structure
for which a building permit has been issued shall be permitted, subject
to the restrictions of this or other chapters, provided that it does
not adversely affect natural drainage or the structural safety of
buildings or lands, cause erosion or sedimentation, create noxious
conditions or create a hazard to public health or safety.
B.
In the event that construction of a structure is stopped prior to
completion and the building permit expires, the premises shall be
promptly cleared of any rubbish or building materials, and any open
excavation with a depth greater than two feet below existing grade
shall either be promptly filled in and the topsoil replaced or shall
be entirely surrounded by a fence at least six feet high that will
effectively block access to the area of the excavation.
C.
The reviewing board may, in connection with a major project site
plan or major residential development, require an applicant to post
a bond or other form of security to guarantee reclamation of areas
to be excavated or graded. Such bond or other security shall be for
an amount reasonably related to the potential cost of such reclamation
and shall be in a form deemed acceptable by the Town's attorney.
D.
No excavation, grading, clear cutting or clearing in preparation
for site development shall be undertaken prior to the granting of
any special use permit, site plan, variance or subdivision approval
required for such development. The Codes Enforcement Officer may seek
engineering advice at the property owner's expense, in addition to
the penalties available under this chapter in the event that the Codes
Enforcement Officer has reason to believe that this section has been
violated.
There shall be no activities that emit radioactivity exceeding
federal guidelines.
There shall be no emission into the atmosphere of fly ash, dust,
fumes, vapors, gases and other forms of air pollution which can cause
damage to life or property or discharge into any sewage disposal system
or stream or into the ground of any materials of such a nature or
temperature as can contaminate any watercourse or supply or can cause
any dangerous or unhealthy condition, except upon approval of applicable
state and/or local agencies having jurisdiction to regulate such air
or water pollution.
A.
Sanitary disposal. No person shall construct any new structure in
the Town without first meeting applicable requirements of the Town,
the Madison County and New York State Departments of Health, the New
York State Department of Environmental Conservation and other governmental
authorities that regulate water supply and sewage disposal systems.
Issuance of a certificate of occupancy shall be subject to sanitary
system inspection and certification by the Madison County Department
of Health and compliance with all conditions imposed by any other
governmental authority.
B.
Water supply. The reviewing board may require an applicant for any
subdivision, special permit or site plan approval to provide evidence
of water availability and may require test wells and professional
hydrological studies sufficient to establish that a proposed development
will have adequate supplies of potable water and will not adversely
affect water supply or quality in the surrounding area.
No home occupation shall be conducted in the Town of Cazenovia
without a permit for home occupation being issued by the Zoning Ordinance
Enforcement Officer.
A.
An application for a permit for home occupation shall be made on
forms prescribed by the Zoning Ordinance Enforcement Officer. A fee
as set by the Town Board at the annual reorganization meeting shall
accompany the application, but no fee shall be required for any application
for a renewal of a permit for home occupation.
B.
Any application for a permit for home occupation which does not clearly
comply with the terms of this chapter shall be denied. The applicant
may then apply to the Zoning Board of Appeals of the Town of Cazenovia
pursuant to this chapter. Any application referred to the Town of
Cazenovia Board of Appeals shall first be reviewed by the Planning
Board of the Town of Cazenovia, which may make recommendations to
the Zoning Board of Appeals.
C.
A permit for home occupation shall continue upon certification from
the Codes Enforcement Officer on a yearly basis that the occupation
is in compliance with this chapter.
D.
A permit for home occupation shall, upon application by the person
or persons conducting the home occupation, be automatically renewed
by the Zoning Ordinance Enforcement Officer if the Zoning Ordinance
Enforcement Officer finds that the home occupation has been and is
being conducted in a manner that is consistent with the terms of this
chapter and the permit for home occupation. If the Zoning Ordinance
Enforcement Officer finds that the home occupation has not or is not
being conducted consistent with the terms of this chapter or the permit
for home occupation, the renewal application shall be denied. The
applicant may then apply to the Board of Appeals of the Town of Cazenovia
pursuant to this chapter.
